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HomeMy WebLinkAbout2003-08-04 City Council (21)@ City of Palo Alto Cit k,Manager’s Re TO: HONO~LE CITY COI.FNCIE ’~-~-~~ FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:AUGUST 4, 2003 CMR:348:03 SUBJECT:APPROVAL OF CONTRACT WITH TRS CONSULTANTS IN THE AMOUNT OF $284,500 FOR CONTRACTING OUT CONSTRUCTION MANAGEMENT SERVICES FOR THE EMBARCADERO ROAD BICYCLE/PEDESTRIAN BRIDGE AND PATH EXTENSION (CAPITAL IMPROVEMENT PROGRAM PROJECT PE93101/19310) AND HOMER AVENUE CALTRAIN UNDERCROSSING PROJECT (CAPITAL IMPROVEMENT PROGRAM PROJECT PE01021/10121) RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute a consultant contract with TRS Consultants (Attachment A), in the amount of $284,500 to supplement staff by providing construction administration services for the Embarcadero Road Bicycle/Pedestrian Bridge (Embarcadero/Bridge/Path) and Path Extension and the Homer Avenue Caltrain Undercrossing (Homer Undercrossing) projects. Of this amount, $84,500 will be applied to construction management for the Embarcadero Bridge!Path and $200,000 for the Homer Undercrossing. BACKGROUND A construction contract to build the Embarcadero Road Bicycle/Pedestrian Bridge and Bike Path Extension (Embarcadero Bridge/Path) was awarded to Valentine Corporation on May 5, 2003 (CMR:257:03). This project will construct a bicycle/pedestrian path along the west side of the Caltrain tracks, from Churchill Avenue to the University Avenue Caltrain Station, including a bicycle/pedestrian bridge over Embarcadero Road. The new path will be separated from the train tracks by a fence that will be installed as part of the project. The project has been a long-planned completion of a key segment of the City’s adopted bikeway system. The path passes through property controlled by the Palo Alto Unified School District (PAUSD), Peninsula Corridor Joint Powers Board (JPB) and the Palo Alto Medical Foundation (PAMF). The construction contract for the Homer Avenue Caltrain Undercrossing was presented to the Council on July 14, 2003. The project will address the needs of pedestrians and bicyclists by CMR:348:03 Page 1 of 4 providing direct access under the Caltrain tracks near the intersection of Alma Street and H0mer Avenue..The undercrossing will run on a skewed alignment from the west side of Alma Street at the intersection of Alma Street and Homer Avenue, under the existing double track Caltrain railroad to the Urban Lane (behind Palo Alto Medical Foundation) bike path leading to the University Avenue Caltrain Station. The Public Works Department does not have enough staff to manage the Embarcadero Bridge/Path project and the Homer Undercrossing, simultaneously, in addition to other infrastructure projects. In order for all infrastructure work to continue on schedule, staff requested and received additional State funding that will be sufficient to pay for much of the construction management and administration needs for both projects. DISCUSSION Scope of Services Description The scope of work to be performed under the contract is for construction management services. The draft scope of services was reviewed and approved during the 2003-05 Budget process. Please see Exhibit A of the contract for the complete scope of services. Typically staff provides construction management services, but there are not enough staff to fully oversee the Embarcadero and Homer projects and at the same time maintain other project workloads. Consultant Selection Process Summary of Solicitation Process Proposal Description/Number Proposed Length 0fProject Number of Proposals Mailed Total Days to Respond to Proposal Pre-proposal Meeting Date Number of Company Attendees at Pre- proposal Meeting Number of Proposals Received: Company Name 1. Advanced Engineering Design 2. Nolte & Associates 3. Dabri 4. ABA 5. Turner 6. Cg°per’Pugeda 7. TRS Consultants Range of Proposal Amounts Submitted Construction Management Services for the Embarcadero Bicycle Path/Bridge and the Homer Avenue Caltrain Undercrossing 200 work days (Embarcadero) and 360 calendar days (Homer) 14 21 None N/A Location (City, State) Los Altos San Jose Martinez San Francisco San Jose San Francisco San Ramon $220,000 to $1,500,000 ..... selected’for oral interview? No No No No Yes Yes Yes The RFP process allows the City to negotiate the price of the work upon selection of the successful firm. CMR:348:03 Page 2 of 4 An evaluation committee consisting of staff from the Public Works Department’s Engineering Division, reviewed the proposals. Three firms were invited to participate in oral interviews on June 18, 2003. The committee carefully reviewed each firm’s qualifications and submittal in response to the criteria identified in the RFP. The selection criteria were: ¯proposal preparation ¯understanding project needs ¯staff experience ¯availability of enough qualified staff to oversee two projects simultaneously The consultants were given a budget for each project (which was based on the funding available in each project for construction management services) and asked to state how many hours of inspection coverage that would be provided for that fee amount. In order to provide consistency in construction management services and to keep consultant fees within the project budgets, one consulting firm was selected to assist on both projects. The two construction sites are adjacent, allowing the consultant’s staff to move between the sites to oversee whichever project is busiest at the time. Consultant overhead costs and travel time are also consolidated and staff needs to only train and oversee one consultant firm. TRS Consultants was selected because its structural inspector has experience with both bridges and tunnels, and has extensive experience with Joint Powers Board (JPB/Caltrain) operational requirements and has worked with the Embarcadero Bridge/Path contractor in the past. TRS also has several other qualified inspectors who can provide project oversight during night and weekend operations. TRS will supplement staff by providing approximately four hours per day inspection on Embarcadero Bridge/path and eight hours per day inspection on the Homer Undercrossing. TRS will also provide weekend and overtime work as needed. Public Outreach To keep the community informed about the upcoming construction, staff will prepare information flyers for both projects and distribute them to residents and merchants located near the railroad tracks. The flyers will also be posted at the University Avenue Caltrain Station and j obsite and provided to the Palo Alto Medical Foundation. Copies also be given to Palo Alto High School for inclusion in its student information packages that are distributed prior to the start of the new school year. Staff has already met with representatives from Palo Alto High School, Palo Alto Medical Foundation and others to discuss the start of these new projects. RESOURCE IMPACT Funding for the Embarcadero Bridge/Path construction management services is budgeted in Capital Improvement Program (CIP) Project PE93010 (formerly Project #19310) budget. Funding for the Homer Undercrossing construction management services is budgeted in CIP Project PE01021 (formerly Project # 10121). CMR:348:03 Page 3 of 4 POLICY IMPLICATIONS Approval of the contract and contract amendment are consistent with existing City policies. TIMELINE The Embarcadero Bridge!path is expected to be completed in March 2004 and the Homer Undercrossing in August 2004. These dates could be extended due to weather, soil contamination, underground utility conflicts or other unforeseen conditions that might delay construction. ENVIRONMENTAL ASSESSMENT Embarcadero Road Bicycle/Pedestrian Bridge and Path The Council in its meeting of August 1, 1994 approved an environmental assessment (94- EIA-76) for the Embarcadero Bridge!path. Homer Avenue Caltrain Undercrossing On April 8, 2002, the City Council adopted the Mitigated Negative Declaration for the Homer Avenue Caltrain Undercrossing Project, fmding that there is no substantial evidence that the project would have a significant effect on the environment. This project is subject to the requirements of the National Environmental Policy Act (NEPA) and was approved by Caltrans in August 2003 noting no significant impacts. ATTACHMENTS Attachment A: Contract PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: KAR_EN BENGARD Senior Engineer GLENN S. ROBERTS Director of Public Works Assistant City Manager CMR:348:03 Page 4 of 4 ATTACHMENT A CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND ¯ TRS CONSULTANTS, INC. 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 TRS CONSULTANTS, INC., a California corporation, located at 5000 Executive Parkway, Suite 310, San Ramon, CA 94583 ("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 ("Deliverables") (Services and De!iverab!es 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.! 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 wil! 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. SECTION 2.SCOPE OF PROJECT; CHANGES &CORRECTIONS 2.! CONSULTANT shall provide the Services and Deiiverables ("Basic Services") constituting the Project, as described in Exhibit "A", attached and made a part of this Agreement. 030721 sdl 0100096 2.2 CITY may order substantia! changes in the scope or character of the Basic Services, either decreasing or increasing the amount of work required of CONSULTANT. In the event that shch changes are ordered, subject to the approval of CITY’s City Counci!, 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 substantial 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 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, as described in Exhibit "A", any and all errors, omissions, or ambiguities in the De!iverables, which are discovered by CITY before invitations to bid on a construction project (for which the Deliverables 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 Deliverables, which are discovered by CITY after the construction contract is awarded by CITY, wil! be performed by CONSULTANT, as follows: (a) at no cost to CITY insofar as those Services, including the Basic Services or the Additiona! 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 Additional 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 wil! determine whether the Basic Services or the Additional Services, or both, wil! contribute minor or substantial benefit to the construction work. SECTION 3. CONSULTANT QUALIFICATIONS, STATUS, AND DUTIES OF 3.1 CONSULTANT represents and warrants that it has the expertise and professiona! qualifications to furnish or cause to be furnished the Services and De!iverab!es. CONSULTANT further represents and warrants 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 030721 sdl 0100096 2 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 approva!, prior to execution of this Contract, a !ist of al! individuals and the names of iheir 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 wil! execute or cause to be executed, the Project. 3.3 CONSULTANT will assign MIKE CHADWICK as the project director to have supervisory responsibility for the performance, progress, and execution of the Project. SYED PASHA wil! be assigned as the project coordinator who wil! 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 approva! of the project manager. 3.4 CONSULTANT represents and warrants that it will: 3.4.1 Procure al! permits and licenses, pay all charges and fees, and 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 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 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 Deliverab!es. 3.5 Any Deliverables given to, or prepared or assembled by, CONSULTANT or _us consultants, if any, under this Contract will become the property of CITY and wil! 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. 030721 sd! 0100096 3 3.6 CONSULTANT will provide CITY with three (3) copies of any documents which are a part of the Deliverables upon their completion and acceptance by CITY. 3.7 If CITY requests additional copies of any documents which are a part of the De!iverab!es, CONSULTANT wil! 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. Al! consultants of CONSULTANT will 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 refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the emp!oyee or consultant wil! 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, wil! at al! times be considered independent con~_actors and not agents or emp!oyees of CITY 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and al! of the fol!owing 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 mee~_ng, 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; 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. // 030721 sdl 0100096 4 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 approva! 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 CI’TY’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 wil! supervise the performance, progress, and execution of the Project, and wil! be assisted by ELIZABETH AMES, the alternate project manager. 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 as follows: 5.1~.I in consideration of thefull performance of the Basic Services, including any authorized reimbursable expenses, CITY wil! pay CONSULTANT a fee not to exceed Seventy-Six Thousand One Dollar ($76,001.00) for the services described on Exhibit "A" relating to the Embarcadero Bridge!Path project and a sum not to exceed One Hundred Seventy-Nine Thousand Nine Hundred Sixteen Dollars ($179,916.00) for the services described on Exhibit ’~A" relating to the Homer Undercrossing project. The amount of compensation will be calculated in accordance with the hourly rate schedule set forth in Exhibit "B", on a time and materials basis, up to the maximum amount set forth in this Section. The fees of the consultants, who have direct contractua! relationships with CONSULTANT, wil! be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. // 030721 sdl 0100096 5.1.2 Consultant’s compensation for Additional Services shal! not exceed Twenty Thousand Dollars ($20,000) for additiona! services relating to the Homer Undercrossing project and Eight Thousand Four Hundred Fifty Dollars ($8,450.00) for additiona! services relating to the Embarcadero Bridge/Path project unless such amounts are increased by amendment to this Agreement. Prior to commencing any Additional Services, City through the Project Manager and CONSULTANT will agree in writing upon an estimated maximum cost for such Additiona! Services. CONSULTANT will 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. Total compensation under this contract for both basic and additional services shall not exceed Two Hundred Eighty-Four Thousand Three Hundred Sixty-Seven Dollars ($284,367.00). 5.1.3 The rate schedule set forth in Exhibit ~B" may be updated by CONSULTANT only 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; any such increase shal! not exceed 3.7 percent per year. 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 mutually agreed upon by the parties, as set forth in Exhibit "B", or within thirty (30) days of submission, in triplicate, of such requests if a schedule of payment is not specified. Fina! payment will be made by CITY after CONSULTANT has submitted al! 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 b~ made from CONSULTANT’s compensation on account of penalties, liquidated damages, or other sums withheld by CITY from payments to genera! contractors. 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 Additiona! Services pertaining to the Project wil! be 030721 sdl 0100096 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 fol!owing the expiration or earlier termination of this Contract. 6.2 The originals of the De!iverables prepared by or under the direction of CONSULTANT in the performance of this Contract wil! 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 wil! 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 any 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, emp!oyees and agents, from any and a!l 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 employees’ 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, 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! ooerate as a waiver on the part of CITY of any of its rights under this Contract. // // 030721 sdl 0100096 7 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, butalso, with the exception of workers’ compensation, emp!oyer’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 will be provided through carriers with Best’s Key Rating Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Any and all 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 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 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, employer’s liability, and professiona! 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 will be obligated for the ful! and tota! 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. SECTION i0. WORKERS’ COMPENSATION !0.I CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which reauire every emp!oyer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that 030721 sdl 0100096 it wil! comply with such provisions, as applicable, commencing the performance of the Project. before PROJECT SECTION !!. TERMINATION OR SUSPENSION OF CONTRACT OR II.! 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 wil! 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 Upon such suspension or termination by CITY, CONSULTANT will be compensated for the Basic Services and Additiona! Services performed and De!iverables received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additiona! 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 wi~! be subject to renegotiation and, if necessary, approval of CITY’s City Counci!. If this Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager 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 fol!ows: 11.4.1 For approved items of services, CONSULTANT will be compensated for each item of service fully performed in the amounts authorized under this Contracz. 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 total fee otherwise 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. 030721 sdl 0100096 9 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 to be furnished by CONSULTANT. 11.5 Upon such suspension or termination, .CONSULTANT wil! deliver to the city manager immediately any and al! copies of the Deliverab!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 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 approva! of CITY wil! be void and, at the option of the city manager, this Contract may be terminated. This Contract will 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 mail, addressed as fol!ows: To CITY:Office of the City Clerk City of Pa!o 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 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 030721 sdl 0100096 I0 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 will have any financial interest under this Contract is an officer or employee of CITY; this provision wil! be interpreted in accerdance with the applicable provisions of the Palo Alto Municipa! 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 wil! be made in the emp!oyment 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 Paio Alto Municipa! Code pertaining to nondiscrimination in employment, 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 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 Federa! and State of California laws covering nondiscrimination in emp!oyment; and that [Name of Provider] will not discriminate in the emp!oyment of any person under this contract because of the age, race, co!or, nationa! origin, ancestry, religion, disability, sexua! preference or gender of such person." 15.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Emp!oyment Practices Act or similar provisions of Federa! law or executive order in the performance of this Contract, it wil! be in default of this Contract. Thereupon, CITY wil! 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 030721 sdl 0100096 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 tria! of such action wil! be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the~County of Santa Clara, State of California. 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 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 wil! 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 Contracr or any amendment~ thereto is 030~21 sdl 0100096 12 void or unenforceable, the unaffected provisions of this Cont}act and any amendments thereto will remain in ful! 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 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 Municipa! Code. This Contract wil! terminate without any penalty (a) at the end of any fisca! year in the event that funds are not appropriated for the fol!owing fiscal year, or (b) at any time within a fisca! year in the event that funds are only appropriated for a portion of the fisca! 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. // // // // // // // // // 030721 sdl 0100096 13 IN WITNESS WHEREOF, 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 APPROVED AS TO FORM: Senior Asst. City Attorney AP P ROVE D: Assistant City Manager Director of Administrative Services Director of Risk Manager Mayor TRS CONSULTANTS, INC., a California corporation Name : Ranjit I. Chakravorti Title : President T±tle: Vice President - Public Works Taxpayer Ident±fication No. 68-0130474 (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 corporane resolution attesting to the signatory authority of the individuals signing in t~eir respective capacities is acceptable) Attachments : EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C" : EXHIBIT "D": SCOPE OF PROJECT &TIME SCHEDULE RATE SCHEDULE INSURANCE NONDISCRIMINATION COMPLIANCE FORM_ 030721 sdl 0100096 14 C~TIFICA~ OF AC~~~M~2 (Civil Code § 1189) )) ss. ) .On ~]L~i~ ~ , 2003, before me, the undersigned, a Notary Public inn~a 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. Public 030721 sdl 0100096 15 ~A%TIFTCA~ OF AC~~~2 (Civil Code § 1189) STATE oF COUNTY OF On ~’~J~ ~ , 2003, before me, the undersigned, a Notary__,__ _ .,~,-- ~Public in aHd for said County and, State, personally appeared ~O~[,t~.~Od~/~i<" ~~ ~. di~u31~ , personally known to ml ~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 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. 9tary Public 030721 sdl 0100096 16 EXHIBIT A CONSTRUCTION MANAGEMENT SERVICES For EMBARCADERO BICYCLE PATH & BRIDGE (CIP 19310) And HOMER AVENUE CALTRAIN UNDERCROSSING (ClP 10121) GENERAL The Public Works Department, Engineering Division, is interested in obtaining consultant (Consultant) services to provide on-site construction management (CM) services during construction of two projects in downtown Palo Alto. The projects, Embarcadero Bicycle Path/Bridge and the Homer Avenue Caltrain Undercrossing are adjacent to each other. The construction cost for the Embarcadero Path/Bridge is approximately $1.0 million and the cost for the Homer Undercrossing is $3.4 million. The construction contracts have been awarded and the need for construction management services is anticipated to begin in August 2003. CM services would commence at or near the start of construction PROJECT INFORMATION Consultant should note that work on both of these projects is adjacent to the Caltrain tracks and is within the Joint Powers Board (JPB) right-of-way. The JPB does not permit entry onto its property without previous JPB safety certification. The City will arrange this certification class for the Consultant selected to provide CM services. The Homer Avenue Caltrain Undercrossing site can be viewed from Homer Avenue/Alma Street and from Urban Lane (i.e., behind the Palo Alto Medical Foundation which is located on El Camino Real just south of University Avenue). The Embarcadero Bicycle Bridge and Path general project area can be viewed from Urban Lane/PAMF where it will connect with the existing bike path that parallels the Caltrain track. The new bridge site at Embarcadero can be seen from the Town & Country shopping center located at Embarcadero Road/El Camino Real. The Homer Avenue Caltrain Undercrossing and the Embarcadero Bicycle Bridge and Path are funded separately. Payments, correspondence, etc, shall therefore be administered separately for each project. Embarcadero Bicycle Path and Bridge Location & Description: The path connects to an existing bicycle path located on the west side of the Caltrain tracks, behind the Palo Alto Medical Foundation (El Camino Real, south of University). The path will cross Embarcadero Road by means of a new bddge and terminate approximately 1 mile later at Churchill Avenue. The project includes constructing the asphalt concrete bike path, roadside signs, pavement striping, irrigation systems and lighting. The bridge work to be done consists of constructing a single span, precast, prestressed concrete box girder bridge with reinforced concrete cast-in-place deck slab, abutments and piling, approximately 111 feet long and 11 feet wide. Project working hours are from 8 AM Monday to 6 PM Friday. The bridge portion of this project will include weekend work, particularly dudng the pile driving. Design Firm: Construction Cost: Contractor: Construction Start: HMH Incorporated, Linda Grevera, (408) 487-2200. $1.0 million Valentine Corporation, San Rafael, 415-453-3732 June 2003 CITY OF PALO RFP 151887 PAGE t OF 4 Contract Duration: 200 working days Homer Avenue Caltrain Uncrossing Location & Description: This project addresses the needs of pedestrians and bicyclists by providing direct access under the Caltrain tracks near the intersection of Alma Street and Homer Avenue. Located south of the Caltrain Station and City Hall near downtown Palo Alto, the undemrossing would allow east-west movement of pedestrians and bicyclists. The undercrossing will run on a skewed alignment from the west side of Alma Street at the intersection of Alma Street and Homer Avenue, under the existing double track Caltrain railroad to the Urban Lane (behind Palo Alto Medical Foundation) bike-path leading to the Caltrain station. Work involved as part of the project shall include excavation, tree and vegetation removal, grading, relocation of public and pdvate utilities, shodng, removing and replacing railroad tracks, installation of retaining walls, precast prestressed decking and abutments supported by soil-cement secant piles, new storm drain and irrigation system, construction of the bicycle and pedestrian tunnel structure approximately 70 long and 23 feet wide, construction of tunnel approach and access ramps/landings/steps, placement of directional signs, landscaping, lighting, installation of crosswalk, new traffic signal improvements and bike path improvements to create a pedestrian and bicyclist crossing. Work hours within the railroad right-of-way dudng installation of tunnel structure will occur dudng single and double track closures from 8 AM Monday to 9 PM Friday; 9PM Monday to 4 AM Fdday and 9 PM Fdday to 4 AM Monday. Design Firm: Construction Cost: Contractor: Construction Start: Contract Duration: Nolte & Associates, Chds Metzger (408) 287-3400 $3.4 million Bid Opening July 2003 August 2003 360 calendar days SCOPE OF WORK for EMBARCADERO BICYCLE BRIDGE/PATH And HOMER CALTRAIN UNDERCROSSING The Consultant shall provide a licensed engineer(s) or other professional(s) with relevant construction experience to represent the City on-site. If at any time the City is not satisfied with the performance of the site representative, the City reserves the right to request the Consultant provide a different individual(s). CONSTRUCTION MANAGEMENT SERVICES The following is a list of services that the Consultant shall provide for each project. A separate section identifies those work items that will be performed by City staff. ¯ Document construction progress with photographs and/or videos in order to establish a basis for progress payments, claims, etc ¯Coordinate inspections with City Utility Department and the Joint Powers Board ¯ Review and process Requests for Information, Shop Drawings and other contractor submittals ¯Prepare Extra Work Authorizations for Project Manager consideration ¯Prepare Change Orders for Project Manager consideration ¯Track submittal status ¯Respond to questions from suppliers, subcontractors, merchants or others ¯Prepare daily inspection report and other pertinent construction documentation ¯Review and recommend progress payments. CITY OF PALO RFP 151887 PAGE 2 OF 4 ¯ Prepare and update the project schedule and advise City of schedule impacts and deviations from project’s critical path ¯ Schedule and conduct weekly construction meeting. Take meeting minutes and provide copies to attendees. Research and resolve issues that adse at the meetings. ¯ Under the direction of the City Project Manager, work to resolve all contract claim issues (Stop Notices, bonding, etc). ¯ Coordinate the preparation of record drawings with the contractor and review these drawings for as-built accuracy. ¯ Consolidate all project files and documentation. ¯ Respond to and coordinate items related to defective work-items that are included in the project’s warranty period. This may include coordinating the services of Watry Design Group, contractor or City maintenance staff. ¯ Consultant shall review payment invoices, material tags, etc., for accuracy and make recommendation for payment. Payment claims shall be forwarded within (10) days of its receipt by Consultant to the Project Manager. ¯ Meet with staff, design consultant and contractor as needed. ¯ Coordinate on-site services of persons orentities under contract with the City, including contractor, engineers, lab services, etc. ¯ Coordinate and conduct final inspection, prepare punch list and follow-up with contractor to ensure completion of punch-list items. ¯ Provide as-needed inspection of structural work during evening hours and on weekends. ¯ The welding inspector will inspect all welded construction elements of the project and prepare reports as to the approval/disapproval of the welded elements. ¯ The welding inspector will oversee the correction of any deficient welding workmanship ¯ Create and maintain a Caltrans filing system for all project documents ¯ Assist the City in the review of unresolved contractor claims ¯ Prepare the final certification for the completion of the project ¯ Assist in the financial close-out and auditing for the project. REIMBURSABLES Consultant’s reimbursable expenses include costs for a vehicle and cell phone. The lease cost for these items shall not exceed $15,000 and $1,000, respectively without prior written authorization from the Project Manger. Other potential reimbursable expenses shall not exceed $500 per item without pdor written authorization from the Project Manager. The mark-up rate for handling and processing reimbursable items shall not exceed 10 percent of the cost of the reimbursable item. ADDITIONAL SERVICES Any unforeseen additional services that may be required in the future are authorized only if approved in advance in writing by the City. The work scope and fee for these services will be negotiated between the City and Consultant. SERVICES PROVIDED BY THE CITY ¯ Small amounts of copying or faxing may be done at the Public Works Department. ¯ Bulk or oversize copying such as plans and specifications will be done via an existing City contract under a separate budget. ¯ Respond to questions from merchants or residents ¯ Unless otherwise delegated to the Consultant, the City will meet as needed with school officials, merchants, etc, to discuss the construction schedule, traffic control plans and other issues related to construction. ¯ Provide office space for Consultant staff CITY OF PALO RFP 151887 PAGE 3 OF 4 ¯ Provide computer, pdnter and miscellaneous offices supplies ( e.g., staplers, telephone, files) ¯ Provide three sets of plans and specifications ¯ Joint Powers Board application for certification that, after successful completion, will allow entry into the JPB right-of-way END CITY OF PALO RFP 151887 PAGE 4 OF 4 Client#: 512 TRSCONSUL ACO_PJ CERTIFICATE OF LIABILITY INSURANCE ,ROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 3ealey, Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORP. O. Box 12675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510 465-3090 INSURERS AFFORDING COVERAGE NSURED TRS Consultants, inc. 5000 Executive Parkway, Suite 310 San Ramon, CA 94583-4210 INSURERA: Hartford Casualty Insurance Co. INSURER B: American Automobile Ins. Co. =NSURERC: American Home Assurance Company INSURER D: INSURER E: COVERAGES THE POLICIES OF INSUF:~NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY COhTG~ACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT~JN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CL~JMS, N~iRi POLICYEFFECTWE POLICY EXPIRATIONLTR ~TYPEOFINSURANCE i POLICY NUMBER DATE{.MMJDDPP~ DATEfMM/DDPPf~ I LIMITS A ! GENERAL LIABILITY 578BALR1000 A ~r.C__O..M~MERC~LGEN .ER~,_L_.~LLL~ILfTY 578BALRI000 I GEN’L AGGREGATE LIM ITAPPLIES PER: ~ POLICY {’~JEcTPRO" ~ LOC I AUTOMOBILE LIABILITYA ~57UECIG2183 ANY AUTO L__.~ ALL OWNED AUTOS~SCHEDULED AUTOS ! ~r~ I HIRED AUTOS ~ NON-OWNED AUTOS ~ARAGE LIABILITY ~_~ ~Y AUTO A {EXCESS L~IU’rY ISTSBALRI000[-~,A iXl OCCUR L_J CLAIMS MADE 1578BALR1000 ~D EDUCTIgL~ RETENTION B WORKERS COMPENSA=ON ~ND WZPS0907573 EMPLOYERS’ LIABILITY 06/01103 ] 06/01104 06/01/02 06101103 03/30/03 103/30/04 C !OTHER Professional 6478133 06/01/02 Liability i BESCPJPT~ON OF OPEPJ.",lOONSILOCATIONEIVEH|CLES/E;XCLUEIONS ADDED BY ENOORSEMENT/SPECLAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. 06/01/03 06/01/04 06/01/02 06/01/03 07101102 { 07101103 ¯ i 06/01/03 EACH OCCURRENCE F]RE DAMAGE {Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG COMBINED SINGLE LJMIT(Ea accident} BODILY INJURY(Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE(Per accideQt) I AUTO ONLY- EA ACCIDENT OTHER THAN EA ACC AUTO ONLY:AGG ,eACH OCCURR~NC~ AGGREGATE I" Is1~O00~O00 s300~O00 Isl0,000 sl,000,000 S2~O00:O00 I s2~O00~O00 . Sl,000,000 ~ S $ I~000,000 154,000,000 X l WC STATU-OTH-TORY L MITS ~R t E.L EACH ACCIDENT I $1,000,000 I’F-L DISEASE - EA EMPL O~Si $1,000,000 }EL DISEASE- POLICY LIMIT i $1,000,000 $3,000,000 per claim $3,000,000 annl aggr. CERTIFICATE HOLDER ;, ADOmONALINSURED:INSURERL.~J’TER: TRS Consultants, Inc. 5000 Executive Parkway, Suite 310 San Ramon, CA 94583 ACORD 25-S (7/97)1 of 1 #M85928 CANCELLATION SH BULB ANY OFTH E Al= OVE O ESCRIB ED POLICIES B E CAN CELLED B EFORE TH E E~:=IRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TQMAILO.0.____DAYSWRR’TEN NOTICE TO TH E CERTIFICATE H OLD ER NAM ED TO TH E LEFT, B UT FAILURE TO D O SO S H ALL IMPOSE NO OBLIGATION OR LIABILITY OF ANYK]NO UPON THE INSURER,iTS AGENTS OR REP RESENTAT~VES, AUTHORIZED REPRESENTATIVE JLN ® ACORD CORPORATION 1988 PART I! - INSURANCE REQUIREMENTS FORM 650 D.DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITYS PRIOR APPROVAL): II1. IV. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND BIDDER’S SUBMITTAL OF CERTIFICATES OF INSUPIJ~CE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED HEREIN. ENDORSEMENT PROVISIONS. WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES" A.PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH 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 ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. NOTICE OF CANCELLATION .1.IF THE POLICY IS CANCELED BEFORE ITS EXP!RATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIR ~-’FY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OE PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS: THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE (S)*MUST BE SAME SIGNATURE (S) ASAPPEAR (S) ON SECTION 300A. Fin’n: Signature: Name: Signature: Name: Ranjit~. Chakr~orti, PE Rudo!~h Stokol (Pdnt or type name) NOTICES SHALL BE MAILED TO: FERNANDO VELEZ PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303. CITY OF PALO ALTO RFP 151887 PAGE 2 OF 2 CERTIFICATION OF NONDISCRIMINATION SECTION 410 PROJECT:Constructi6n Management Services for the Embarcadero Bicycle Bridge/Path and the Homer Avenue Caltrain Undercrossing; Request for Proposal (RFP) Number 151887 Certification of Nondiscrimination: As suppliers of goods or servicesto the City of Palo Alto, the firm and individuals listed below certify tl’fat they do not discriminate in employment with regards to age, race, color, religion, sex, national odgin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State, and local directives and executive orders regarding nondiscrimination in emp.loyment THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE (S) BELOW, Firm: Signature: Name: Title: Signature: Name: Title: TRS Consultants, Inc., ~j~ "E’_ Ah~r~vn~ti, PE ....(PRINT OR TYPE NAME) President Rudolph Stok~l (PRINT OR TYP~ NAME) Chief Financial Officer Note:The City of Pa/o Alto, pursuant to California Corporations Code Section 313, requires two corporate officers to execute contracts. *The signature of First Off~cer* must be one of the following: Chairman of the Board; President; or Vice President. **The signature of the Second Officer** must be one of the following: Secretary; Assistant Secretary; Chief Fi.nancial Officer; or Assistant Treasurer. (In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is-acceptable) CITY OF PALO ALTO RFP 151887 PAGE 1 OF 1 TRS CONSULTANTS, INC. FEE SCHEDULE EFFECTIVE MARCH 1, 2003 EXHIBIT B Rate Schedule - City of Palo Alto Embarcadero Pedestrian Bridge Project CLASSIFICATION PRINCIPAL CONSTRUCTION MANAGER STRUCTURAL INSPECTOR PUBLIC WORKS INSPECTOR WELDING INSPECTOR TRAFFIC ENGINEER HOURLY RATE (RANGE) $ 110.00-$ 130.00 $98.00- $ 115.00 $92.00- $110.00 $88.00- $ 104.00 $$85.00- $95.00 $98.00 - $ 110.00 Note: Above rates include Overhead and Profit Initial begirming rates, within ranges, are subject to a not-to-exceed escalation of 3.7% per year.