HomeMy WebLinkAbout2003-07-14 City Council (10)TO:
FROM:CITY MANAGER
DATE:JULY 14, 2003
DEPARTMENT: PUBLIC WORKS
CMR:295:03
2
SUBJECT:APPROVAL OF CONTRACT WITH THE KPA GROUP IN THE
AMOUNT OF $99,861 FOR DESIGN SERVICES FOR FIRE
STATION ONE AND TWO RENOVATION PROJECT -CAPITAL
IMPROVEMENT PROGRAM PROJECT 10104
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with The KPA
Group in the amount of $99,861 for design services related to infrastructure
improvements at Fire Stations 1 and 2.
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with The KPA Group for related, additional but
unforeseen work which may develop during the project, the total value of which
shall not exceed $10,000.
BACKGROUND
The Fire Station hnprovements Project - Capital hnprovement Pro~am (CIP) Project
10104 provides for the renovation of Fire Stations 1 and 2, with design in fiscal year
2002/03 and construction in FY 2003/04. In November 2002, a seismic study of the fire
stations was completed by the Public Works Engineering Division. The seismic upgade
work for Fire Stations 1 and 2 was combined with the other required improvements to the
stations as part of CIP 10104. Additional funds of $125,000 were added to the project in
FY 2003/04 for the seismic up~ade work. This project wil! renovate existing fire
stations and is not related to the proposed study to evaluate Fire Stations 3 and 4.
DISCUSSION
Consultant Services Description
As part of the CityWorks Infrastructure Pro~am, this project provides for replacement or
retrofit of Fire Stations 1 and 2 electrical systems, kitchen renovations, selected restroom
renovations, and seismic upgades. The consultant’s services will include construction
documents and construction administration services.
CMR:295:03 Page 1 of 3
Selection Process
Staff sent a request for proposals to 29 design firms on December 13, 2002. Firms were
given 45 days to respond to the request. A pre-proposal meeting was held on January 6,
2003; 14 firms attended the meeting. A total of 13 firms submitted proposals.
Proposals ranged from $44,000 to $102,000. Those firms not responding indicated that
they did not submit a proposal because they did not have enough time to submit a
proposal, or that Fire Station work is not part of their core business.
A selection advisory committee consisting of staff from the Fire Department and Public
Works Department, Facilities Management and Engineering divisions, reviewed the
proposals and nine firms were invited to participate in oral interviews on March 4 and
March 6, 2003. The committee reviewed each firm’s qualifications and submittal in
response to the RFP relative to the following criteria: qualifications of principals and
staff; experience on similar projects, with an emphasis on fire station improvements,
institutional kitchens, and seismic upgades; and understanding of the scope of work.
The KPA Group was selected for its experience with both architectural and seismic
design of this project type. They also presented an innovative approach to the project that
may provide cost savings during the construction phase. The KPA Group’s preliminary
fee proposal for the project was $46,710. Due to concerns regarding the
comprehensiveness of the preliminary seismic study and prudent design practice,
preliminary seismic work and additional investigative work have been included in the
fee. The scope of services for the kitchens was also expanded beyond that expected in
the KPA Group’s initial tee proposal. The KPA Group had misunderstood the scope or"
the kitchens to be a more minor renovation than will be accomplished with this project.
These increases bring the KPA Group’s fee in line with the other proposed fees for the
project. The final negotiated fee for the project is $99,861 for the desi~ and
construction phases combined. Consultant list indicating firms sublnitting proposals is
shown on Attachment B.
RESOURCE IMPACT
Funds for this project are available in Capital Improvement Project 10104, Fire Station
Improvements.
ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act and
no further environmental review is necessary.
ATTACHMENTS
Attachment A: Contract
Attachment B: Consultant List
CMR:295:03 Page 2 of 3
PREPARED BY:
KAREN SMITH
Manager, Facilities Maintenance & Projects
DEPARTMENT HEAD:
GLENN S. RC
Director of Public Works
Assistant City Manager
CMR:295:03 Page 3 of 3
ATTACHMENT A
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
THE KPA GROUP, A CORPORATION
FOR CONSULTING SERVICES
This Contract No.is entered into ,
by and between the CITY OF PALO-ALTO, a charcere~ city and a
municipa!.corporation of the S~ate of California ("CITY"), and THE
KPA GROUP, a California corporation, located at 300 Ogawa Plaza,
Suite 50, Oakland, California 94612 ("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 ("Deiiverab!es") (Services and Deiiverab!es are,
collectively, the "Pro-ect" , as more fully described in Exhibit
"A"; and
WHERF~hS, CiTY desires to engage CONSULTP_NT, 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 consfderation of the covenants, te_<ms,
conditions, and mrovisions of this Contract the marties agree:
SECTION !. TERM
!.! This Contract wil! co.mraence on the date of its
execution by CITY, and wil! terminate upon the completion of the
n<oject unless this Con~_ac~ is ea<~e~ c~_m_na~d by ___
the r ’_~_ ....._ece~m~ of CITY’s notice to proceed, CONSULTANT wi]] comm@~ce
work on the initia! 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 requi£ed through any fault of CONSULTANT, CITY’s
city manager will have the option of extending the time schedule
for any meriod of time. This provision wil! not mrec!ude the
recovery of damages for delay caused by CONSULTANT.
SECTION 2. SCOPE OF PROJECT; CHANGES & CORRECTIONS
2.! The scope of Services and De!iverables constituting
the Project wil! be performed, delivered or executed by CONSULTANT
u~de< the phases of the Basic =~-~ ~’ - ~.-- -S~=c=s as descr~b~.s below
!
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2.2 CiTY may order substantial changes in the scope or
character of the Basic Services, the Deliverables, or the Project,
either decreas£ng or increasing the amount of work required of
CONSULTANT. In the event that such changes are ordered, subject to
the approva! of CITY’s City Council, as may be required, CONSULTANT
wil! be entitled to full compensation for all work performed prior
to CONSULTANT’s receipt of the notice of change and further wil! 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 wil! not be
liable for the cost or payment of any change in work, unless the
amount of additiona! 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
Deliverabies are required) are d±stributed by CITY, wil! 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
De!iverables, which are discovered by CITY after the construction
contract is awarded by CITY, wil! be performed by CONSULTANT, as
fol!ows: (a) at no cost to CITY insofar as those Services,
including the Basic Services or the Additiona! Services, as
described be!ow, or both, will result in minor or nonbeneficia!
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 Additional Services, or both,
wil! 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 wil! determine
whether the Basic Services or the Additiona! Services, or both,
wil! contribute minor or substantia! benefit to the construction
work.
SECTION 3.
CONSULTANT
QUALIFICATIONS, STATUS, AND DUTIES OF
3.1 CONSULTANT represents that it has the skill and
professiona! qualifications to furnish or cause to be furnished the
Services and Deliverables. CONSULTANT further represents that the
project director and every individua!, 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
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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 and warranties
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 MICHAEL D. SHANUS as the
project director to have supervisory responsibility for the
performance, progress, and execution of the Project. MATTHEW J.
INADOMI wil! be assigned as the project coordinator who 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 wil! be subject to the
prior written approval of the project manager.
3.4 CONSULTANT represents that it will:
3.4.1 .Assist the City in procuring all permits as
required in Exhibit "A";
3.4.2 Keep itself fully informed of all applicable
Federa!, State of California, and !ocal laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
emp!oyed under this Contract and any materials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times use due professional care and
observe and comply with, and cause its emp!oyees 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
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 De!iverables.
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
individua! or organization by CONSULTANT or its consultants, if
any, without the prior written approval of the city manager.
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3.6 CONSULTANT will p_ov~ae CITY with copies of any
documents which are a parr of the De!iverab!es upon their
completion and acceptance by CITY in the quanz~zles specified in
Exhibit "A".
3.7 if CITY requests additional copies of any documents
which are a part of the Deiiverab!es, CONSULTANT will provide such
additiona! copies and CITY wil! compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging al! persons necessary to execute the Services and
De!iverables. ~ consultants of CONSULTANT wil! be deemed to be
directly controlled and supervised by CONSULTANT, which wil! be
responsible for their performance, if any employee or consultant
of CONSULTANT fails or r6fuses 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 wil! be discharged
immediately from further performance under this Contract on demand
in writing from the project manager.
3.9 in the execution of the Project, CONSUL_~ANT and its
consultants, ~f an,], wil! at all times be cons_der~d independent
contractors and not agents or emp!oyees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and a!l of the fol!owing Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.~0.]m- -{ ’.... ov_ding services as an expert witness in
connection ~n any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.10.2 incurring trave! and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be agreed upon by the parties subsequent to the execution o{
this Contract; and
3.!0.s Other Additional Services now or hereafter
des~r±~~ :~ ~ ~ in E~h~b~t ....."A" to this’ Co_.~rac~~ ~.
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 ro C!TY during the term of this Contract.
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SECTION 4.DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit "A" and such information regardin~ 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 approva! task. CITY’s
failure to review and approve within the estimated time schedule
wil! not constitute a default under this Contract.
4.3 The city manager will represent CITY for al!
purposes under this Contract. RICHARD ZOLEZZI is designated as the
project manager for the city manager. The project manager wil!
supervise the performance, progress, and execution of the Project,
and will be assisted by KAREN SMITH, the Manager, Facilities.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT, CITY wil! 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, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed Ninety-nine thousand
eight hundred sixty-one dollars ($99,861.00). The amount of
compensation will be calculated in accordance with the hourly rate
schedule set forth in Exhibit "B", up to the maximum amount set
forth in this Section. The fees of the consultants, who have
direct contractual relationships with CONSULTANT, wil! be approved,
prior to.commencement of work, by CITY. CITY reserves the right to
refuse payment of such fees, if such prior approva! is not obtained
by CONSULTANT.
5.1.2 In consideration of the full performance of
Additiona! Services, the amount of compensation set forth in
Exhibit "B" wil! be increased in accordance with the negotiated
amounts which shal! not exceed $I0,000. An employee’s time wil! be
computed per the rate schedule in Exhibit "B". The rate schedules
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may be updated by CONSULTANT on!y once each calendar year, and the
rate schedules wil! not become effective for purposes of this
Contract, unless and unti! CONSULTANT gives CITY thirty (30) days’
prior written notice of the effective date of any revised rate
schedule.
5.1.3 The full payment of charges for extra work or
changes, or both, in the execution of the Project will be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the project manager. Payment wil! be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties wil! agree upon an estimated maximum cost for
such extra work or changes and project manager to issue written
authorization identifying scope, compensation, and or/or schedule
adjustments. 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.
5.1.4 Direct personnel expense of emp2oyees assigned
to the execution of the Project by CONSULTANT wil! include only the
work of architects, engineers, designers, job captains, surveyors,
draftspersons, specification writers and typists, in consultation,
research and design, work in producing drawings, specifications and
other documents pertaining to the Project, and in services rendered
during the construction phase, to the extent such services are
expressly contemplated under this Contract. included in the cost
of direct personnel expense of these employees are salaries and
mandatory and customary benefits such as statutory employee
benefits, insurance, sick leave, holidays and vacations, pensions
and similar benefits.
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 ma?~ent
mutually agreed upon by the parties, as set forth in Exhibit
or within thirty (30) days of submission, in triplicate, of such
requests if a schedule of payment is not specified. Fina! payment
wil! be made by CITY after CONSULTANT has submitted al!
De!iverab!es, 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.
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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 pa,]~ents to general contractors.
SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personne! expenses and
expenses incurred in connection with the performance o{ Bas{c
Services and Additiona! Services pertaining to the Project wil! be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and wi!l 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.
6.2 The originals of the Deliverab!es 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 fina! and incomplete drawings, estimates,
specifications, and any other documents prepared hereunder by
CONSULTANT, but CONSULTANT disclaims any responsibility or
liability for any alterations or modifications of such documents.
SECTION 7. INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Counci! members, officers, emp!oyees and
agents, from any and al! demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other !oss, caused by or arising out of CONSULTANT’s, its
officers’, agents’, consultants’ or emp!oyees’ negligent acts,
errors, or omissions, or willfu! 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 wil! 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,
s~ov=sion, ordinance or law. The subseGuent accemtance by either
party of any fee or other money which may become due hereunder wil!
not be deemed to be a waiver of any preceding breach or violation
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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 will operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION 9.INSURANCE
9.1 CONSULTANT, at its sole cost and expense, will
obtain and maintain, in ful! force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONSULTANT and its consultants, if any, but also,
with the exception of workers’ compensation, employer’s liability
and professiona! liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Ratinq Guide ratings of
A-:VII or higher which are admitted to transact insurance business
in the State of California. Any and al! consultants of CONSULTANT
retained to perform Services under this Contract will obtain and
maintain, in ful! force and effect during the term of this
Contract, identical insurance coverage, naming CITYas an
additiona! 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 wil! be subject
to the approva! of CITY’s risk manager and will contain an
endorsement stating that the insurance is primary coverage and wil!
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 Pa!o Alto is
named as an additiona! insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance wil! be kept on
file at al! times during the term of this Contract with the city
clerk.
9.4 The procuring of such required policy or policies
of insurance wil! not be construed to limit CONSULTANT’s liability
hereunder nor to fulfil! the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT wil! be obligated for the ful! and total amount of any
damage, injury, or !oss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or !oss arising after the Contract is terminated or
the term has expired.
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SECTION !0. WORKERS’ COMPENSATION
!0.! 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
it will comply with such provisions, as applicable, before
commencing the performance of the Project.
PROJECT
SECTION !i. TERMINATION OR SUSPENSION OF CONTRACT OR
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
or if mayment of undisputed amounts to CONSULTANT exceeds thirty
(30) days from date of invoice.
11.3 Upon such suspension or termination by CITY,
CONSULTANT wil! be compensated for the Basic Services and
Additional Services performed and Deliverab!es 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. I{ the Project is res~med after it
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary, approva! of CiTY’s City Counci!. 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 o{ direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
11.4 in the event of termination of this Contract or
suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT wil! receive compensation as follows:
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11.4.1 For approved items of services, CONSULTANT wi!l
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
11.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT wil! be compensated for each item of service
in an amount which bears the same ratio to the tota! fee otherwise
payable for the performance o{ the service as the quantum of
service actually rendered bears to the services necessarv for the
ful! performance of that item of service.
11.4.3 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 ro be
furnished by CONSULTANT.
11.5 Upon such suspension or termination and payment for
a!l services as provided for in Section 11.3 or 11.4 as applicable,
is received, CONSULTANT wil! deliver to the c±~y manager
i~mediate!y any and al! copies of the De!iverab!es, 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.
11.6 The failure of CITY to agree with CONSULTANT’s
{nds~ende~t findings, conclusions, or recom~endat{ons, ~f the same
are called for under this Contract, on the basis of differences in
matters of judgment, wil! not be construed as a failure on the part
of CONSULTANT to fui{~ its obligations under this Contract.
SECT!ON 12. ASSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT wil! 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 will not be
deemed to be a consent to any subsequent, assignment. Any
assignment made without the approva! of CITY wil! 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 wil! be given, in writing,
a_~ mailed, ~ostage prepaid,by c~r~±~l~ ma~!, addressed as
follows:
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To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Pa!o Alto, CA 94303
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECT!ON 14.CONFLICT OF INTEREST
14.1 In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and wil! 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 emp!oy contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one who has or wil! have any financia! interest
under this Contract is an officer or employee of CITY; this
provision wil! be interpreted in accordance with the applicable-
provisions of the Palo Alto Municipal Code and the Government Code
of the State of California.
SE<_ION 15 NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
dlscrmm!na~_on wil! be made in the employment of persons under this
Contract because of the age, race, co!or, nationa! 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 al!
requirements of the Pa!o Alto Municipa! Code pertaining to
nondiscriminatkon in emp!oyment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D"
15.2 CONSULTANT agrees that each contract for services
from independent providers wil! 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
Federa! and State of California laws covering
nondiscrimination in emp!oyment; and that
[Name of Brovider] wi!l not discriminate in
the emp!oyment of any person under this
contract because of the age, race, color,
nationa! origin, ancestry, religion,
030610 sd|
I!
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 Federa! 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
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 that it has knowledge of the
requirements of the .federal Americans with Disabilities Act of
1990, and the Govermment 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 wil! be effected
pursuant to the terms of this Contract.
16.2 Upon the mutual agreement of both of the parties,
any controversy or claim arising out of or relating to this
Contract may be settled by forma! non-binding mediation conducted
in accordance with the rules and procedures to be agreed upon by
the parties. Any issues remaining unresolved may, with the consent
of both parties, be decided 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.
12
16.6 This document represents the entire and integrated
Contract between the parties and supersedes all prior negotiations,
representations, and contracts, either written or ora!. 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 wil! bind, the heirs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of the parties.
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 wil! be deemed
to be a part of this Contract.
16.11 This Contract may be executed in any number of
counterparts, each of which wil! be an origina!, but al! of which
together will constitute one and the same instrument.
/!
!/
!/
!!
//
/!
!!
!/
!!
!/
!/
13
16.!2 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract wil! terminate without any penalty (a) at the
end of any fisca! year in the event that funds are not apHropriated
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 wil! take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract. CONSULTANT to receive compensation for al! work
perfo_~med up to termination per the terms in Section 11.4. ’
I~ WITNESS ~KJ~_~%EOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Public Works
Risk Manager
Attachments :
EXHIBIT "A" :
EXHIBIT "B" :
EZ4HiBIT "C" :
EXHIBIT "D" :
T~zyer !jentif_ig4z~ion No.ze ......
(Compliance wi~h corp. Code ~ 313 fs
required if the entity on whose behalf
Zb~s contract is signed is a corporation.
In the alternative, a certified corporate
resolution atteszing to the sigmatory
authority of the individuals si~nins in
their respective capacities is acceptable]
SCOPE OF PROJECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COI~PLIANCE FOR!{
14
C~RTIFXCATE OF
(Civil Code § 1189)
)
Nogary, Public i~ and fqr said County and State, personally <mpeared
m~ or proved role on ~he basis of satisfactory or±deuce uo be the
person(s) whose name(s) is/are subscribed to the within instrument
am.d acknowledged to me that he/she/they executed the same Ln
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.
~/~\ Comm.#1312122 Signature Of Notary Public
15
CERTIFICATE OF AC}[NO~
(Civi! Code § 1189)
STATE OF C/f)
COUNTY OF ~/’~ ~
On ~-[’<,,k[£,,,,, "~ ~ 2003, before me, the undersigned, a
Notary. Public ~and for said County and State, personally appeared
personally known to
me ~r 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 saree 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 6f Notary Public
16
EXIHIBIT A: FEE SCHEDULE
FI~ STATION #1 AND FIRE STATION #2 IMPROVEMENTS PROJECT
CIP 10104
1. ~TRODUCTION
The Fire Station Improvements project will upgrade City of Palo Alto Fire Station #1 located at
301 Alma Street, and Fire Station #2 located at 2675 Hanover Street. The scope of work
includes seismic upgrades; kitchen renovations; limited toilet and shower area renovations;
interior finishes such as painting, new flooring and ceilings; and electrical service, panels, and
distribution systems. Recent retrofit work at these stations includes new roofing systems and
new emergency generators with automatic transfer switches.. Specifically excluded from the
scope of work at this time is the addition of any vertical transportation, building additions,
HVAC upgrades or increase in electrical service to the buildings(s). GeotectmicaI services, if
required, will be provided by the City of Palo Alto. The buildings shall be designed to essential
services facilities requirements.
Consultant shall work with the Public Works Department, Facilities Management and
Engineering Divisions, and the Fire Department for development and coordination of the project.
Fire Station #1 and #2 will remain occupied during construction. The project areas provide
critical support for the staff and the public. For these reasons, the project must be accomplished
with minimum downtime and minimum disruption to the occupants.
Consultant shal! prepare desi~l and construction documents (drawings and specifications), cost
estimate, and preliminary construction schedule. Services shall include assistance during the bid
period and construction administration services.
2. SCOPE OF SERVICES
The Consultant’s scope of work shall include the following:
A. "General
o
Attend meetings with the City’s Project Manager and Fire Department
representatives throughout the project as required.
Work closely with Project Manager to monitor the total project cost does not
exceed the project budget. Provide cost estimates at 30%, 90% and 100%
completion in a format the Consultant deems appropriate and as acceptable to the
City.
Preparation of construction specifications and permit drawings.
Page 1 of 5
EXIHIBIT A: FEE SCHEDULE
4.Construction administration during construction phase.
Station
@
@
0
o
0
0
Renovation for one unisex handicap toilet and one roll-in shower at Captain’s Dormitory
Renovation of public rest-room to handicap requirements
New kitchen design
Evaluation and upgrade.of electrical distribution within the fire station
Seismic upgrade and equipment bracing of existing equipment to meet essential services
facility requirements
Path of travel from front and rear entrances to accessible facilities
Interior finishes upgrades
Interior improvements limited to the occupied downstairs area of the facility
Vertica! transportation is specifically excluded at this time
Laundry equipment is not in the scope of this proj ect
Station 2:
o Renovation for one unisex handicap toilet and one roll-in shower at Captain’s Dormitory
~New kitchen design
o Evaluation and upgrade of electrical distribution within the fire station
~Seismic upgrade and equipment bracing of existing equipment to meet essential services
facility requirements
.Path of travel from front entrance to accessible facilities
~Interior finishes upgrades
*Interior improvements limited to thedayroom/kitchen side of facility
¢Laundry equipment is not in the scope of this project
B.Pyeliminary Design
Consultant shall review all existing conditions relevant to this proj ect and evaluate the
existing structural, electrical, and architectural features of the facilities described above.
Consultant shall perform field investigation of the project site and shall review all
available plans and documentation.
Consultant shall develop a list of circuits, transformers, and panel boxes that require
modification to support mechanical and electrical upgrades and reasonable future growth,
limited to the confines of the existing building. Consultant shall provide
recommendations to upgrade the electrical system only on the building side of the meter.
City shall be responsible for electrical service from service feed to meter.
Consultant shall review the Biggs Cardosa seismic report. Seismic upgrade design in this
proiect may implement recommendations contained in the Biggs Cardosa report.
Page 2 of 5
EXIHIB1T A: FEE SCHEDULE ¯
Consultant shall provide alternative seismic ~oncept design developed to the level of the
Biggs Cardosa Report. Seismic design shall bring facilities up to essential facility
requirements and shall include bracing of existing equipment to meet essential facility
criteria.
Consultant shall meet with the City to develop the requirements for the kitchen design
and layouts.
Consultant shall provide conceptual (30%) drawings for Project Manager and Fire
Department review and approval, and shall attend a meeting with the City at the 30%
design completion stage.
Consultant shall provide a preliminary engineer’s estimate of the construction contract
cost for Project Manager’s review and approval at the 30% design stage.
Consultant shall design improvements to conform to all applicable codes, laws and
regulations including the Uniform Building, Mechanical, Plumbing, Electrical and Fire
Codes.
Final Design
Consultant shall provide progress drawings for Project Manager and Fire Department
review and approval, and attend meetings with the City at 60% and 90% design
completion stage.
Consuitant shall furnish drawings and technical specifications to staff for review and
approval at the final design completion stage, and for final review and signing at the bid
set desig-n stage. City shall provide Division 0 and Consultant shall provide Division I of
the specifications. Final drawings sha!l be suitable for review by the Building Inspection
Division and for signing by the City.
Consultant shall provide, with their design, a sequence of work for the contractor to
follow to minimize downtime of all areas and systems, and disruption to occupants.
Consultant shall assist Project Manager to obtain a building permit by furnishing all the
necessary drawings and calculations and working with the Planning Department,
Building Inspection Division, as required.
An allowance for two architectural review board meetings is included in the basic scope
of services, to review exterior seismic brace design.
Page 3 of 5
EXIHIBIT A: FEE SCHEDULE
Do Bidding Period
Consultant shall attend a pre-bid conference for interested contractor personnel.
Consultant shall assist Project Manager in responding to technical questions from
prospective bidders during the bid period and preparing addenda.
Construction Administration
The Consultant shall provide construction administration phase Services commencing
from the award of the construction contract through preparation and acceptance of the
record documents.
Consultant shall attend a pre-construction meeting. Consultant shall attend bi-weekly
construction meetings and shall keep meeting minutes.
Consultant shall provide submittal review and response to requests for information.
Consultant shall maintain Submittal Log and Request for Information (RFI) log.
Consultant shall respond to all requests for information or document review within 5
working days, or as required if approved by City.
Consultant shall provide drawing set for contractor to mark up as record documents.
At project completion, contractor will provide record document information for the
Consultant to prepare final record drawings. Consultant shall verify the data provided
before preparing the record drawings.
3.FINAL DRAWINGS AND SPECIFICATIONS
No
No
~roject Drawings and Specifications
Consultant shall submit four (4) sets of proj ect development drawings and specifications
during the preliminary and final design phases. Upon completion of the final design the
Consultant will submit two (2) hard copies of specifications, one (1) set of specifications
in electronic version using MS Word format, two (2) sets of drawings for Facilities’ use,
complete set of drawings on CD in AutoCAD version R14 or R2000, and five (5) sets of
wet stamped drawings per location to the City Building Division. Specifications shall be
in CSI format and shall include Division Zero provided by City and Division 1 provided
by the Consultant. Only applicable information shall be included in the Specifications.
Drawing shall be on a 24" x 36" sheet size with floor plans drawn at a scale of 1/4" = 1’.
Record Drawings
Upon completion of the project, and after acceptance by the City, the Consultant shall
Page 4 of 5
EXIHIBIT A: FEE SCHEDULE
submit to the City one (1) complete set of reproducible Mylar record drawings reflecting
all record conditions as provided by the General Contractor. A complete set 0frecord
drawings shall also be submitted to the Project Manager on CD in AutoCAD Version
R14 or R2000.
4. PROJECT ADMINISTRATION
Richard Zolezzi, Project Manager, will be the point of contact throughout the project unless
directed otherwise by the City. All questions, correspondence and invoices will be addressed to
the Project Manager at City of Palo Alto, Facilities Management Division, P.O. Box 10250, Palo
Alto, CA, 94303, phone (650) 496-6920, fax (650) 496-5938.
5. TIME SCHEDULE
The Consultant shall complete all Design Phase Services, inclusive of City review periods,
within 100 calendar days after issuance of notice to proceed. Construction Administration
services will be scheduled upon award of the construction phase of the project.
END OF SECTION
Page 5 of 5
EXHIBIT B: FEE SCHEDULE
Basic Services
The fee for this work shall include all Consultant costs necessary for providing the desired
services including sub-consultant costs, reimbursables, meetings, construction documents, and
construction administration. Reimbursables shall include travel, document reproduction costs,
mailing and courier services. Travel shall be reimbursed at the City’s current standard rate.
Consultant shall provide all basic services for a not-to-exceed fee of ninety-nine thousand eight
hundred and sixty one dollars ($99,861). Attached breakdown of hours is reference only to
estimate hours per phase.
Additional Services
Consultant shall be paid on a time and material basis according to the standard fee schedule rates
attached, should any work be requested by the City that falls outside the basic services of this
project. All additional services work must be authorized in advance in writing by the City’s
Project Manager prior to accomplishment of the work.
Additional Services shall not exceed $10,000.
Page-1 of 1
Bid/Award ( bid set reproduction by The City of Palo
Alto)
lib-e-bid conference (pm, iect rna~.~er & SE to attend,)...
Respond to ouestions, clarifications
E~i_;,.at~d Hours
Estimated Costs
Project Designer/Jr.
Manager / Structural ArchdJr.
Arch.Engineer Engr.
J 4 4
6 6 0
$660 $840 S0
Sub-
consultants
0
6
6
$648
Construction Administration
Attain1 bi-w~ldy construction meetings; keep meeting
Review and rez]xmd to RFI’s. submitta~
IPrepam ,=cord docummats.on mylar . .
Estimated Costs
Project Designer/Jr.
Manager / Structural ArchdJr.
Arch.Engineer En~or.
4 4
40 16
16 6 4
2 1 8
$6,820 $3,780 $780
Sub-
consultants
4
20
~ 16
10
$5,404
Expenses
$i00
Expenses
$ 1_~ooI III
$120o
Professional Fees
The following is our preliminary estimate of fees for professionat services and expenses:
l’h~e
,,
Bid & Award
Structural Sub-
Architect Eu_o-ineer Consultants
..... I Sl1.825, ! .$~L78~ .........$8.,~971..
........ ....S16.390 $10.730 S16.428
! $660 $840 $648
..] $7a10.$4,170 }$5,404
$36,085 $28,525 $3!,451
9oo
S1.600
$100
SLY00
S3,800
Totnl
"$~4,481
$45A48
S2248
S17,984
[ $99,861
Billing Rates
Billing Rates of staff for additional services for eaiendar year 2003 are as follows:
Principal
St. Architect/Engineer
Jr. Architect/Engineer
CAD
Admin
S150- S175/hr
Sll5-S150klr
S85- SIlOFnr
$50- $85/hr
$50- S65/hr
EXHIBIT ’B’
Part IL Number 5 - Detailed Breakdown of Preliminary {
F_.~tim~tes of Costs or Fees[,
~reIimi,n~,rY,,Desi~n ..........
revised Avri116. 2003
ESTIMATED HOURS
Project Designer/Jr.
Manager / Structural ArchdJr. Sub-
Arch. Engineer En~r.consultants
Initial meeting with City ofPalo Aho’s Project Manager and
Fire Depm’tm~t r~msemtatives - ConEn-m and identify scope
and goals (project manager and SE to attired)
E-v-alua~: existin~ conditions ..............
~ r~’ip ~go~ .....
~ctrl.cal s~¢ice ~ssvss~n~-nt
E~=zi0a-brac~ seismic conc~t d~si~
~ ~’fing conditions, upgrades nec~ss~y to m~t
~ ~ d~si~tion
~ guipment. ire.ms fa~ r~-use, d~nohtion
D~wckrp list of c~’cuits, tmnsfonn~s ~d !~ne] boxes that
iD~mm~z~ n~cCssary cap~city ofu~lid~s (toii~tishow~
~-1~ O~ co~din~on o,fa~si~ ......
~ with C~T ofPalo Ako’s l~ject Man~’~ and F~e ’
D~p~Can~z~t ru3rmscnt~iws - RevJc~v ~0% design submit~l;
ic~a~finn ~ chent and usm- n~s tmw b~-n met (pm.iect
m~o~ to attend)
~ Hams
Estfin~ted Costs
6
6
6
88
$9,680
6 0
14
4 I ,4
40 0
8 2 3
0
0
8
4
12 ~0 .....24
4
o
76 66 83
$10,640 $4290 $8,971
Expenses
......... 406 ....
500
$900
Final Desi[n
~e client and user input .........
~elop technical’ Sp~,cificatio,ns. ,,
d~sign drawings
~’t with City of Palo Alto’s Projec’i Manager and Fire
D~am’tment r~r~sentatives - Review 60% design submittal
(&awings, schedule); confn-m client and user needs have
~ ~t (.mo.i~t manager to ~tena) .....
In~rpomte client and user input
i:~relop 90% ~ies~gn drawings ana specifications
tn-~ QA. coordination of design . ..
Mggt with City ofPalo Alto’s Project Manager and F~re
Depamnent r~pmsentatives - P,.~vv-£ew 9(P/o design submittal
(flmwingr~ sp~ificafious, cost esfimale); confirm client and
,mgr ngeds have b~en met..(~-omieCt ~[.er to attend)
e cIient and user input
~,= ~ ~ ~d ~-.,~ous ......
In-home QA,,, coordination of d~sign ........
Dailding pemait submittal coordination with Planning
~ Building ~tion Division. Architectm-al
R~view Board C2 me~cin~s)
Estimated Hom, s
Estimated Costs
Project
Manager / Structural
Arch. Engineer
8
52
8 4O
2
2
4 32
2
Designer/J r.
ArchJ3r.Sub-
Eagr.consultants
3
16
48
2
38 24
6
2
12
2
4
6
2
8
4
16
110 46. ]
$12,100 $6,440
0
2
0
t32 152
$8,580 $16,42g
20O
500
20O
5O0
$1,600
EXHIBIT ’C’
~ART il - INSURANCE REQUIREMENTS FORM 650
CONTRACTORS TO THE CiTY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL F:OR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW,
AFFORDED BY COMPANIES WITH A BEST’S KEY RATING OF ~ OR HIGHER, LICENSED TOTRANSACT
INSURANCE BUSINESS IN THE STATE OF CALIFORNIA..
AWARD IS.CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMrTSRE~U~RED EACH .....................
OCCURRENCE AGGREGATE
YES WORKER’S COMPENSATION
YES
LIABIUTY, INCLUDING PERSONAL
INJURY, BROAD FOPJVl PROPERTY
DAMAGE BLANKET.CONTRACTUAL
AND FIRE LEGAL LIABILITY
COMPFLEHENSIVE AUTOMOBILE
LIABILITY, INCLUDING, OWNED,
HIRED, NQNqDWNED
PROFESSIONAL LIABILITY, ’ ....
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
YES
STATUTORY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
"BODILY INJURY’
-EACH PERSON
-EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
..... DAMAGE. COMBINED, ,
...... $i,o0o,6oo
$! ,ODD,000
$1,000,000
$i
$1,000,000
$1,000,00O
$1,000,000
$1,000,000
$1’,000,000
$1,OOO,OOO
$1,0OO,O00
.....$1’~OO0o0O0
$1,OO0,O00
$1,000,OOO
$1,0O0,O00
$1,000,0DD
}......PERFORMANCE ......................ALL, DAMAGES ~,, $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: BIDDER, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGR=--~SMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY BIDDER AND ITS
SUBCONTRACTORS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY
AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, iTS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
INSURANCE COVERAGE MUST INCLUDE:
A.A PROVISION FOR A WRITEN THIRTY DAY ADVANCE NOTICE TO CITY OF ~:~ ......,.,v, ~ ....~ "’~ ~=
COVERAGE CANCELLATION; AND
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S
AGREEMENT TO INDEMNIFY CITY.
SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND
SECTION V BELOW.
A.NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER:
C.POLICY NUMBER(S):
CITY OF PALO ALTO RFP 14B751 PAGE 1 OF 2
FORM 65(~PART I~ - INSURANCE REQUIREMENTS
D.DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR
APPROVAL):
111.
IV.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND BIDDER’S SUBMITTAL
OF CERTIFICATES OF INSURANCE EVIDENCING COMPUANCE WITH THE REQUIREMENTS SPECIFIED HEREIN.
ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO =ADDITIONAL .
PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTINGWITH ANY
OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES.
CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMEkq’, AND THE NAMING OF MULTIPLE 1NSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
NOTICE OF CANCELLATION
IF THE POUCY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE
NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY
(30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITYAT LEAST A TEN (10) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
V.PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORPJECT BY SIGNATURE{S) BELOW. SIGNATURE(S} MUST BE SAME
SIGNATURE(S) AS APPEAR(S) ON SECTION 300A.
Signature:
Name:
(Print or type name)
(Print or type name)
Signature:
Name:
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALe ALTO
P.O. BOX 10250
PALe ALTO, CA 94303.
CITY OF PALe ALTO RFP 148751 PAGE 2 OF 2
EXHIBIT ’ D’
SHGTION 410
PROJF..GT: "DESIGN SERVICES FOR FiRE STATION #I AND FIRE STATION ~2
II~IPROVEMENT PROJECT
Cedification of Nondiscrimination:
As suppliers of goods or services to the C~L~ of Polo Alto, the firm and indMduais listed below
c~rtify that they do not discriminate in employmen~ wi[h regards to age, race, color, religion, sex,
national origin, ancestry, disability, or sexual preference; that they are in compliance with all
Federal, S~ate, and local di~’ectives and executive orders regarding nondiscrimin,ation in
employment.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE{S) BELOW.
(PRINT OR TYPE NAME)
Note:The City, pursuant to the Calffomia Corpora#ons Code Sect/on 3~3 requires
corporate officers to execute contracts.
"-i’he signature of First Officer* mus.___~t be one of f~e foflowing: Chain-nan of fhe
Board; President; or Vice President_
**The signature of the Second Officer’-" mus...__~t be one of the fol;owing: Secretary;
Assistant Secretary; Chief Financial Officec or Assistant Treasurer.
(in the al[emat~ve, a cerl~’ied corporate resolution attesting to the signatory
authorib2 of the individuals signing in their respective capacities is acceptable)
Orl’Y OF PALO ALTO 148754 PAGE 1 OF 1
ATTACHMENT B
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