HomeMy WebLinkAbout2002-06-03 City Council (2)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
JUNE 3, 2002 CMR:263:02
APPROVAL OF CONTRACT WITH MDA ENGINEERING INC. IN
THE AMOUNT OF. $77,500 FOR THE DESIGN AND
CONSTRUCTION MANAGEMENT OF THE REGIONAL WATER
QUALITY CONTROL PLANT OPERATIONS BUILDING
HEATING, VENTILATION AND AIR CONDITIONING UPGRADE
PROJECT
8
RECOMMENDATION
Staff recommends that, Council:
Approve and authorize the Mayor to execute the attached contract with MDA
Engineering Inc. in the amount of $77,500 for the design and construction
management of the Regional Water Quality Control Plant (RWQCP) Operations
Building Heating, Ventilation and Air Conditioning Upgrade Project (HVAC)
Upgrade Project.
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with MDA Engineering.Inc. for related, additional
but unforeseen work which may develop during the project, the total value of
which shall not exceed $7;500.
DISCUSSION ’
Project Description
This project will provide for the design and construction management to replace the
HVAC system in the Operations Building at RWQCP. The existing system, installed in
1971, is maintenance-intensive, inefficient, and inadequate. A Planning study completed
in December 2001 attributed the problems to the age of the system and the chahges in the
uses of the building. Once primarily used for the operations function, the building now
houses both an active laboratory and. an upgraded operations center. The high level of
laboratory exhaust and computer heat has overburdened the original building design. A
new design is needed to address the efficiency and capacity problems for a healthy
environment, in addition to replacing the equipment. MDA Engineering performed the
planning study that provided a clear design scope. During planning, complexities of
equipment siting and design were discovered that substantiated the need for additional
CMR:263:02 Page 1 of 3
consultant services during the design phase. Final design and construction services will
be completed under this project.
Selection Process
Staff sent a request for proposals to four consulting firms on February 12, 2001. Firms
were given 22 days to respond to the request. A total of two firms submitted proposals.
Proposal fees for the planning, design, and construction services ranged from $73,750 to
$92,000. The fees for planning-only services ranged from $9,775 to $18,750. All
proposals stated that the fees for the final design and construction services would need to
be refined upon the completion of the planning phase. Those firms not responding
indicated that they did not submit a proposal because of other project commitments.
A selection advisory committee consisting of four plant staff members reviewed the
proposals; and two firms were invited to participatein oral interviews on April 4, 2001.
The committee carefully reyiewed each firm’s qualifications and submittal in response to
the RFP relative to the following criteria: approach and methodology, proposal quality,
scope of services, relevant experience, personnel qualifications, and track record.
MDA Engineering was selected to complete the planning phase. MDA Engineering
knows the project requirements and project site. Its work products in the planning phase
have been positive. MDA Engineering’s cost for final design and construction
management is $77,500. Staff recommends that the contract for the final design and
construction assistance be awarded to MDA Engineering.
This project.was not selected for review by the Policy and Services Committee.
RESOURCE IMPACT
Funds for the Operations Building HVAC Upgrade project have been appropriated under
the FY 2001-2002 Wastewater Treatment Capital Improvement Program (CIP) project
#8021. This design project will lead to a future construction project. It is anticipated that
the construction will cost approximately $526,000.Funding. for the construction is
included in FY 2002-2003 C.IP project #8021.
POLICY IMPLICATIONS
Recommendations of this staff report are consistent with City poli.cies.
ENVIRONMENTAL REVIEW
This. project does not constitute a project under the California Environmental Quality Act.
ATTACHMENTS
Attachment A:Contract
PREPARED BYi James Allen, Project Engineer RWQCP
Daisy Stark, Senior Engineer RWQCP
CMR:263:02 Page 2 of 3
DEPARTMENT HEAD:¯
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL
EMILY HARRISON
Assistant City Manager
CMR:263:02 Page 3 of 3
ATTACHMENT A
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
MDA ENGINEERING, INC.
FOR OPERATIONS BUILDING HVAC UPGRADE PROJECT
This Contract No.is entered into , by
and between the CITY OE PALO ALTO, a chartered city and a municipal
corporation of the State of California ("CITY"), and MDA
ENGINEERING, Inc., a California Corporation, (Taxpayer
Identification number 94-3053577) located at 799 Fletcher Lane,
Suite 201, Hayward, CA 94544 ("CONSULTANT").
RECITALS:
WHEREAS, CITY desires certain professional consulting
services relating to the Regional Water Quality Control Plant
Operations BuiIding HVAC Upgrade project (~Services") and the
preparation and delivery of, without limithtion, one or more sets
of documentsi drawings, maps, plans, designs, data, calculations,
surveys, specifications, schedules or other writings
("Deliverables") (Services and Deliverables are, collectively,the
"Project"), as more fully described in Exhibit ~A"; and
WHEREAS, CITY desires to engage CONSULTANT, including its
.~mployees, 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 covenant~, terms,
conditi0nsi and provisions of this Contract, the parties agree:
SECTION I.TERM
i.i This Contract will commence on the date of its
execution by CITY, and will terminate upon the completion of the
Project,. unless this Contract is earlier terminated by CITY. Upon
the receipt of CITY, s notice to proceed, CONSULTANT will commencew0rk 0n the initial .and subsequent Project. tasks in accordance with
the time schedule set. forth in Exhibit ~A". Time is of the essence ¯
of this Cohtract. In the event that the Project is not completed
within the time required through any fault of CONSULTANT, CITY’s
city manager will have the option of.extending the time schedule
for any period of time. This provision will not preclude the
recovery of damages for delay caused by CONSULTANT.
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SECTION 2.SC~PE OF PROJECT; CHANGES & CORRECTIONS
2.1 The.scope. of Services and Deliverables constituting
the Project will be performed, delivered or executed by CONSULTANT
under thephases of the Basic Services as described below.
2.2 CITYmay order, substantial changes in the scope or
character of the Basic Services, the Deliverables, or the Project,
either decreasing or increasing the amount of work required of
CONSULTANT. In the event that such changes are ordered, subject to
the approval of CITY’s City Council, as may be required, CONSULTANT
will be entitled to full compensati~ 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 additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performance of any such change in work.
2.3 Where the Project entails the drafting and
submission of Deliverables, for example, construction plans,
drawings, a~d 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
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 ambiguitigs in the
Deliverables, which are discovered by CITY after the construction
contract is awarded by CITY, will be performed by CONSULTANT, as
follows:. (a) at no cost to CITY insofar as those Services,
including the Basic Services or the Additional Services, as
described below, or both., will result in minor or nonbeneficial
changes in the construction work required of the construction
contractor; or (b) at CITY’s .cost insofar as those Services,
including the Basic Services or the Additional Services, or both,
will add a direct and. substantial benefit to the construction work
required of the construction contractor. The project manage9 in
the reasonable exercise of his or her discretion will determine
whether the Basic Services or the Additional Services, or both,
will contribute minor or substantial benefit to the construction
work.
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SECTION 3.QUALIFICATIONS,STATUS, AND DUTIES OF
CONSULTANT
3.1 CONSULTANT represents andwarrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services and Deliverables. CONSULTANT further
represents and warrants that the project director and every
individual, including any consultant (or contractors), charged with
the performance of the Services are duly licensed or certif°ied by
the State of California, to the extent such licensing or
certification is required by law to perform the Services,and that
the Project will be executed by them or under their supervision.
CONSULTANT will furnish to CITY for approval, prior’to execution of
this Contract, a list of all individuals and the names of their
employers or principals to be emple~yed 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 David Gat.eno, P.E. as the
project director to have supervisory re@ponsibility for the
performance, progress,, and execution of the Project. David Gateno,
P.E.:will 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 will be subject to the
prior written approval of the project manager.
3.4 CONSULTANT represents and warrants that it will:
3.4.1 Procure all 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 Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract and any materials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and comply with, and cause
its employees and consultants, if any, who are assigned to the
performance.of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
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3.4.4 Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the Deliverables.
3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
become the property of CITY and wiil not be made available to any
individual or organization.by CONSULTANT or its consultants, if
any, without the prior written approval of the city manage~.
3.6 CONSULTANT will provide CITY with the number of
copies listed in Exhibit ~A" 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 Deliverables, CONSULTANT will provide suc~
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary ~to execute the Project. All
consultants of CONSULTANT will be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee or consultant of CONSULTANT fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or consultant will be discharged immediately from further
performance under this Contract on demand of the project manager.
3.9 In the execution of the Project, CONSULTANT and its
consultants, if any, will at all times be considered independent
contractors and not agents or employees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the following Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.10.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.10.2 Incurring travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be agreed upon by the parties subsequent tothe execution of
this Contract; and
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3.10.4 Other Additional Services
described in Exhibit "A" to this Contract.
now or hereafter
3.11 CONSULTANT will be responsible for employing
all consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants must
be approved, in advance, by CITY, in writing, and must remain
acceptable to CITY.during the term of this Contract.
SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
servlces 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 Deliverabies and each phase of work performed by
CONSULTANT. CITY’s estimated time of review and approval will be
furnished to CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish .the time of each review and approval task. CITY’s
failure to review and approve within the estimatedtime schedule
will not constitute a default under this Contract.
4.3 The city manager will represent CITY for all
purposes under this Contract. James Allen is designated as the
project manager for the city manager. The project manager will
supervise the .performance, progress, and execution of the Project.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT; CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5.COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed Seventy-Seven Thousand
and Five Hundred dollars ($77,500). The amount of compensation will
be calculated in accordance with the hourly rate schedule set.forth
in Exhibit "B", on a time and materiils basis, up to the maximum
amount set forth in this Section. The fees ofthe consultants, who
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have direct contractual relationships with CONSULTANT, will 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.
5.1.2 In consideration of the full performance of.
Additional Services, the amount of compensation set forth in
Exhibit ~B" will.not exceed Seven Thousand Five Hundred dollars
($7,500). The rate schedules may be updated by CONSULTANT only
once each calendar year, and the rate schedules will not become
effective for purposes of this Contract, unless and. until
CONSULTANTgives 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 will be
made within thirty (30) days of submission by CONSULTANT of a
statemen[, in triplicate, of itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties will agree upon an estimated maximum cost for
such.extra work or changes: ~ 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. ¯
5.1.4 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will 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 construction at the site, tothe 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 bemade 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 agreedupon by the parties, as set forth in Exhibit ~B",.
or within thirty (30) days of submission, in triplicate, of .such
r~quests if a schedule of payment is not specified. Final payment
will be made by CITY after- CONSULTANT has submitted all
020314 lh 0052993
Deliverables, including, without limitation, reports which have
been approved by the project manager.
5.2.2 Payment of the- Additional Services will be
made in-monthly progress payments for services rendered, within
thirty (30) days of submission, in triplicate, of .such requests.
5.2.3.No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments to general contractors.
SECTION 6. A~COUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expens@s incurred in connection ~ith the performance of Basic
Services and Additional Services pertaining to the Project will be
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 termof this Contract and for three (3) years following the
expiration orearlier termination of this Contract.
6.2 The originals of the Deliverables prepared by or
under the direction of CONSULTANT" in the performance of this
Contract will become the property of CITY irrespective Df 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 additional compensation. CITY will have
the right to utilize any final and incomplete drawings, estimates,
specifications, and any ~ther documents prepared hereunder by
CONSULTANT, but CONSULTANT disclaims any responsibility or
liability for any alterations or modifications of such documents.
SECTION 7. INDEMNITY
711 CONSULTANT agrees.to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents, from any and all demands] claims, or liability of any
nature, including death or injury to any person, property damage or
any other lossi, caused by or arising out of CONSULTANT’s, its
officers’, agents’, consultants’ or employees’ negligent acts,
errors, or omissions, or willful misconduct} Or conduct for which
appIicable law may impose strict liability on CONSULTANT in the
performance of or failure to perform its obligations under this
Contract.
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SECTION 8.WAIVERS
8.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract or of the provisions of any ordinance or law will not be
deemed to be a waiver of any such covenant, term, condition,
provision, grdinance, or law or of any subsequent breach or
violation of the same or of any othercovenant, 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 will operate as a waiveron the part of CITY of
any of its rights under this Contract.
SECTION 9. INSURANCE
9.1 CONSULTANT, at its sol.e cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only coNSULTANT ahd its consultants, if any] but also,
with the exception of workers’ compensation, employer’s-liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s. Performance under this Contract.
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:VI! 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, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
9.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain’ an
endorsement s~ating 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 professional liability
insurance. Current certificates of such insurance will be kept on
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file at all times during the term of this Contract with the city
clerk. ¯
9.4 The procuring-of such. required policy or policies
of insurance will not be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and totalamount Df any
damage, injury, or loss caused by or directl~ arising as a }esult
ofthe Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION i0. WORKERS’. COMPENSATION
i0.i CONSULTANT, by executing this-Contract, certifies
that it is aware of’ the-provisions of the Labor Code of the State
of California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies, that
it will comply with such provisions~ as applicable, before
¯ commencing the perf.ormance of the Project.
PROJECT
SECTION ii: TERMINATION OR SUSPENSION OF CONTRACT OR
ii.i The city manager may Suspendthe 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) d~ys’ 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 withholdsor withdraws its request for the initiation
or.continuation of Basic Servicedor the execution of the Project.
11.3 Upon. such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
Additional Services performed and Deliverables received and
approved prior to receipt of written notice from CITY Of such
suspension or abandonment, together with’ authorized additional and
reimbursable expenses then due. If the Project is resumed after it
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary, approval of CITY’s City Council. If this Contract is
020314 lh 0052993
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 his discretion.
11.4-In the event of termination of this Contract or
suspension of work on the Project by CITY where CONSULTANT is0 not
in default, CONSULTANT will receive compensation as follows
11.4.1 For approved items of services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized inder this Contract.
11.4.2 For approved ~{ems of services ~n which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which.bears the same ratio to the total fee otherwise
payable for the performance of the service as the quantum of
se.rvice actually rendered bears to the servlces necessary for. the
full performance, of that item of service.
i~.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
will deliver, to the city manager immediately any and all copies.of
¯ the Deliverables, whether or not completed, prepared by CONSULTANT
or its consultants, if any, or given to CONSULTANT or its
consultants, .if any, in connection with this Contract. Such
¯ materials will become the property of,CITY.
11.6 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 sameor any part thereof without the .prior
written consent of CITY. A consent to one assignment will not be
i0
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deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of CITY will be void and, at
the option of ~the city manager, this Contract may be terminated.
This Contract will not be assignable by operation of law.
SECTION 13. NOTICES
13.1 All notices hereunder will be given, in w[iting,
and mailed, postage prepaid, by certified mail, addressed as
follows:
To.CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto; CA 94303
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
conflict in any manner or-degree-with the performance of the
Services.
14.2 CONSULTANT further covenants that, in the
performance of this Contract, it will not employ contractors or
persons having such. an interest mentioned above. CONSULTANT
certifies that no one who has or will have any financial interest
under this Contract is an officer or employee of CITY; this
provision will be interpreted in accordance with the applicable
provisions of t.he.Palo Alto Municipal Code and the Government Code
of the State of California.
SECTION 15. NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of persons under this
Contgact,-because of the age, race, color, national origin,
ancestry, religion, disability, sexual.preference or gender of such
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D"
15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as follows:
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"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance .with all
Federal and State of California laws covering
nondiscrimination in employment; and that
[Name of Provider] will not discriminate in
the employment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
15.3 If CONSULTANT is found in violation of the
nondiscrimination proyisions of the State of California Fair
Employm.ent Practices Act or similar provisions of Federal law or
executive order in the performance .~f 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
thesum 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 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 d±sabled persons. CONSULTANT will
comply with or ensure bY its advice that compliance with such
provisions will be effected-pursuant to the terms of this Gontract.
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, excludi.ng 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 Stites District Court
020314 Ih 0052993
12
for t.he Northern District of California in the County of Santa
Clara, State of California.
16.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that action.
16.6 This document represents the entire and integrated
Contract between the parties and supersedes all.prior negotiations,
representations, and contracts, either written or oral. This
document may be amended only by a written instrument, which is
signed by the parties.
16.7 All provisions of th~s Contract, whether covenants
or conditions, will be deemed to be bothcovenants and conditions.
16.8 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the ’heirs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of the parties.
16.9 If a court of .competent jurisdiction findsor rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
16.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules Which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
16.11 This Contract may be executed in any number Of
counterparts, each of which will be an original, 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 Cityof Palo Alto and the Palo AltoMunicipal
Code. This Contract will term±nate without any. penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section 16.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
020314 lh 0052993
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 Mayor
APPROVED AS TO FORM:
City Attorney
APPROVED:
Assistant City Manager
MDA ENGINEERING, INC.
Director of Administrative
SerVices
Director of Public Works
Insurance Review
By:
Name:
Title:
Taxpayer Identification No.
94-3053577
Attachments :
EXHIBIT "A" :
EXHIBIT "B"
EXHIBIT "C" :
EXHIBIT "D" :
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
In the alternative, a certified, corporate
resolutibn attesting to the., signatory
authority of the individuals."signing in
their respective capacities is acceptable)
SCOPE OF PROJECT
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
020314 Ih 0052993
14
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
)
COUNTY OF.o._~).
On ~ ,. 2002, before me, the undersigned, a
N~tarv Public--in a~d~s~~nty and State, personally appeared
_~j~o~ , personally known to
me q.r proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are s.ub.s~ribed to [~e withi~i 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.¯
PATRICIA A. KELLY
COb;t,.1.# 1247465
.IC-CALIFORNIA
A[At~EDA COUNTY
~OMM. EXP. JAN. 26, 2004
S of Notary Pub
020314 Ila 0052993
15
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
On ~°~", 2002, before me, the undersigned, a
Nohary Public i~n-~-for said County and State, personally appeared
, personally known to
me or proved ~o 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/S~ie/they executed the same in
his/her/their authorized capacity(ies), ahd 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
~1111111111111111111111111111111111111111111111111|111~
8UZANNE H. SMITH
COMM. NO, ~23o25o
~NOTARY PUBLIC - CALIF.~ORNIA
~.. ALAMEDA COUNTY~._._ey comm. expires A~g. 24 2
020314 lh 0052993
16
Exhibit-A
Scope Of Services
Operations Building HVAC Upgrade
Background Information
General
The plant Operations Building has been in service since 1972. An HVAC upgrade project
is needed due to insufficient historical HVACupgrades, room use changes, complex
laboratory exhaust air requirements, and aging systems.. The Operations Building HVAC
Upgrade project is a three phase project: Phase I- planning, Phase II - design, and
Phase III ~- construction..
Phase I
In Phase I, planning services were completed under AgreementS1133337 with MDA
Engineering. Three options were evaluated. The selected project includes adding new
HVAC equipment outside on a slab. New HVAC controls and ducting are needed aswell.
The planning report, dated December 3, 2001, details the proposed scope.
Phase II - Consultant Services During Design
Task A: Design
Services will be as follows:
Design two separate .air handling units. Oneto serve the laboratories and another to
serve the rest of the building. Each unit will have supply and return fans, actuation,
chilled water coils and hot water coils. Units will be outdoor type, medium grade,
prefabricated to be set on a concrete pad (three sections). ..
Design of a new water cooled Scroll chiller to be housed outdoors with the air handlers
in the same compartment. We will design the chilled water piping system including
pumps, air separator, expansion tank and pipe accessories.
Design of a new instantaneous heating hot water boiler. Design of new heating hot
water pumps, .piping to air handlers and reheat coils, air separators, expansion tank and
pipe accessories.
Design of new air distribution system and revision of existing to serve new zones.
Design of new constant volume boxes with reheat coils.
Design of domestic water heater and recirculation. Pumping system.
03/22/02 1 of 4 Exhibit A
Design of separate split DX unit for the computer room.
Design .of automatic control system for both air side and water side.
¯Design of kitchen exhaust system.
¯Coordination of all disciplines.
Specifications
Consultant shall provide a complete set of construction documents ready for biddihg
including drawings and specifications. Specifica,~ons shall conform to the Construction
Specifications.Institute (CSI) master format guide. Some specifications, such as the
General Requirements, may be developed with significant input by the Project Manager
(e.g. formalized plant safety rules). Part I.and II bidder instruction documents will be
developed by the City of Palo Alto; Consultant shall coordinate as necessary.
Responsible Charge
All disciplines needed shall be included and coordinated by Consultant including
mechanical, electrical, structural, architectural, civil, HVAC, plumbing, and
instrumentation. Consultant shall ensure that California registered professionals take
responsible charge of their work and properly stamp and seal t-heir work.
Coordination
Consultant shall coordinate subconsultants and report project progress with Project
Manager on a regular basis, in a means convenient to both parties, every week or as
needed.
Task B: Preliminary Construction Cost Estimate
After significant completion of the preliminary design, the City will pay for the services of
an outside contractor to conduct a preliminary construction cost estimate. The City will
return comments and preliminary estimate to Consultant. Consultant shall be prepared
to coordinate and answer questions of contractor preparing the preliminary.construction.
cost estimate. Should the preliminary construction cost estimate exceed the project’s
budget, the contract may be suspended or canceled.
Task C: Schedule
Consultant shall prepare a detailed design schedule foruse by Project Manager at the start
of the project. Schedule shall be submitted in the first month of the project. The schedule
03/22/02 2 of 4 Exhibit A
will be Used in communicating essential project " ~m~lestones with plant staff, managers, etc.
Consultant shall update the schedule as necessary.
All design work shall be completed by September 1, 2002.
Task D: Final Construction Cost Estimate
Consultant shall provide an estimate for the construction of the Project at the end of Phase
I1. The level of accuracy of the estimate shall be +10 percent.
Task E: Permits
Consultant shall obtain approval on and pay for all permits from the City’s Planning and
Community. Environment Department.
Task F: BidderList
Consultant shall provide the Project Manager a list of at least four qualified, reputable
engineering contractors willing to bid this project (include namel contact, address, phone,
fax). The Project Manager can explain any of the City’s bidding procedures with potential
bidders.
Task G: Addendums
Any addendums needed shall be prepared by Consultant and delivered to the Project
Manager in a timely fashion.
Deliverabl~s
Consultant shall prepare and submit the following deliverables to the Project Manager
outlined below. If additional sets need to be returned please include additional sets.
1.Four sets (two returned) of completed schematics ready to review by an outside
contractor for a preliminary construction cost estimate (half size ok).
2. Three sets (two returned) of 50% design drawings (half size ok).
3. Three sets (two returned) of 90% design drawings (half size ok).
4. One set of full size plan-check submittal for use by P.roject Manager. If other
drawings/submittals aie needed by plan checkers they shall be provided by
Consultant.
5.Fifteen bound Sets (none returned) Of final design documents including, all drawings
(half-size 11"x17"), specifications, and the bid documents at the end of Phase Il.
6.One set of structural calculations.
7.One final construction Cost estimate.
8.Bidder list.
03/22/02 3 of 4 Exhibit A
Phase III- Services During Construction
Task A: Prior to Construction
Consultant shall be available to answe[ questions and describe the project at the pre-bid
meeting.job walk and at the preconstruction meeting. Consultant shall be available to
evaluate bids if necessary. ~
Task B: TechnicalOversight
Consultant shall respond to RFIs, plan clarifications, or substitutions, design change
orders, review .and comment on relevant submittals, and conduct as needed inspections.
The City Project Manager will issue change o~-;~ers, correspond with contractor, issue
submittal approvals/rejections and approve progress payments. Consultant shall provide
their response to submittals and/or RFIs in a timely fashion. Untimely review or response
may make Consultant liable for potential delay .claims.
Task C: Coordination
~Consultant shall coordinate the project progress with Project Manager on a regular
basis, in a means convenient to both parties, every week or as needed. All
subconsultants shall be coordinated by Consultant.
Task D: Closeout
Consultant shall participate in the closeout process (e.g. punchlist) and coordinate all
subconsultants. The City shall issue the final punchlist.
Deliverables
Consultant shall prepare and submit the following deliverables to the Project.Manager
outlined below.
A complete set of record drawings in an AutoCAD 200,0 (or earlier release)
electronic format. All drawings shall be on a compact diskette and sent to Project
Manager.
End of Exhibit A
03/22/02 4 of 4 Exhibit A
EXHIBIT "B"
STANDARD FEE SCHEDULE
Subject to the attached Terms and Conditions, the following hourly rates are charged for
our engineering services rendered Owner/Clients.
Principals $120.00
Senior Engineers ~-~,$100.00
Design Engineer $ 90.00
Design Drafter $ 80.00
Drafter $ 65.00
Junior Drafter $ 50.00
Clerical $ 42.50
EXHIBIT
-NTRAOTORi "
IbROJ~CT MANAG ER’.
IfO~ NTRAcT NAME:
II COI,,’TRAOTORS TO TIE (II BE’REQUIREDTO PRII ¯ BHALLB.EPR~MIDEDII THE CERI’IFICA’J’E O,= IN~
II THE CITY, ANDAPPR..VE
II. RET.IJRN TH~ C
L ADMINISTRA r’l~
"111 - INSURANCE REQUIREMENTS
Insurance Requirements for Contractors
¯
MDA Engineering, l~c. ..
.Jamie’Allen (650-617-3.130)
E~glnee.rJng Services for the Regiona! Water Quality Control Plant
, Operatiohs Building HVAC~Upgrade. (RFP #133337).
JSENERAL TERMS AND [NSTRUCTION:S
~ THIS INSTRUCTleN SHEET SHOULD BE GIVEN TO ~OUR INSURANCE AGENT/BROKER."
CONTRAoTOR8 TO THE ~ITY’ OF PALO ALTO, AT THEIR 8~SLE EXPENSE 8HALLOBTAIN ARD MAINTAII~I INSURANCE FOR’TH .E TERM OF THE CONTRACT. CONTP~CTORS WILL
BE’REQUIREDTO PROVIDE A CERTIFICATE EVIDENOING’fH’E INSURANCE AND NAMING TH~ CITYASANADDITIONAL INSURED. ALL INSU .RANCE C .OVEI~,AGE REQUIRED8HALL B.E PR~MIDED THROUGH CARRIERS WITH A BEST RATING OF#.t ~0R HIGHER THAT ARE ADMIT’FED TO DO BU81NESS IN THE STATE OF OAUFORNIA. .
THE CERI’IFICA’J’E OF INSURANCE MLBT.BE’COMPLETED AND EXEC ’I:TI’ED BY AN AIJTHORJ. ZED REPRESENTATIVE OF THE COMPANY PROVIDING.INqUR~CE, FILED WITH
THE CITY, ANDAPPRO.VED BY THE C TY BEFORE CON’I:RAG’I~ WILL BE CONSIDERED ~30. MPLETE AS 8ESRECTa INSURANCE,
RET.IJRN THE COMPLETED CERTIFICATE TO THE CITY’OF PALO AL TO,. PURCHASING & :CONTRACT
ADMINISTRATION, 250 HAMIL TON A VENdE, PALO AL TO 9430"1. ¯
¯THE iNsURANCE REQUIREMENTS CHECKED BELOW ARE REQUIRED FOR THIS oNTRAc.~.
TYPE OF COVERAGE " REQuIREME~rf"
Worker’s Compensation .~¯ Statutory .
[] .Cafnprehsnslve General Liability:BODILY INJURY¯$1,00{1,000 "1 ~1,000,000 ’
¯P’ROPERI"( {SAMAGE ’ $1,000,000 .I $t,000,000INCLUDING:¯",-’¯¯ PERSONAL INJURY ¯ ..
o BROAD FORM’PROPER’[Y DAMAGE ..BODILY INJURY & PROPEP.T~
¯ BLANK.El" CDN’FRAC .T~AL ..
¯DAMAGE COMBINED "...$1,000,000
¯FIRE LEGAL L.IABILn’Y -
~ .Coml~rehanslve Automobile Liability:’’.BODILY INJURY (Ea,~h Pers0ni $1’,~00,000
.,,NCLUDIN G:"PROPERTY’ DAk,p, GE ¯""
~..’__
a OW~JED BODILY INJURY & PR~)PERTY’¯HIRED -¯¯..DAMAGE COMBINED ¯$1,000,o00
~ ERRORS AND OMISSIONS ’ALL DAMAGES 1 000,
¯ MALpRACTICE.(IfApplIcabI~) .~.
¯NEGLIGENT PERFORMANCE : " ’
[] .THE CiTY OF PALO ALTO iS TO BE NAMED AS AN ~DDITIONALINSURED . /:..
The City ~f Paid Alto, Its oft!cars, agents and emplpyees a’m naEJed as addlt]on.al.lnsurGd, but onl.v as to work perfoh~ed under,contraFt. ~ald
coverage as [o the City of Paid Alto, ate., shall be pdmary coverage, without off.set against City’s. existing Insuranc~ dnd ar~y 6that insu[ance ’. ca,’led by the City belng.e~cass Ihsurance only:
Wh~ra the work InvolVes grading, paving, exca~,a.fJng, drilling or other hnde.rground work, the policy includes destruction of ~res, conduits,
pipes, malnsi--o? other similar property or any apparatus In connection therewith below the surface of the gmund.wh.~er owned by third parties
or Ihe.Clty of Paid Alto, ¯
.Wh~m the w~rk Involves excavating, collapse coverage !s provided Ir~ the amounts above.
The policy Includes a "Severablll[~ of Interest" provision, :Deductibles over $5,000 must be Indicated and are i~ubject te appmvall.
If such policies are canceled or changed dudng th’e per.lod of coverage as Stated herein; In such a ¯manner as to affect.the’Certificate,
(30) days Written notice will be mailed to the CRy of Paid ARe, Contract Admlnlstrat!on, P...O, Box t 0250, 94303,
The liability Ins~ran~ pollcFIncludes a contractual liability endorsement’providing Insurance coverage for ContraCtor’s.agreement to Indemnify"
theCl~,- ’ " " " ~ ’ " " ’The coverage.afforded under l~e policies Is subject ~o all.terms 0f{he herein and meets" aliof the’provisions called
CONTRACT
MANAG~ ..(,,~OF SECTION
fotherein.
DA:rE:
~IT~Y OF PALO ALTO: INSUPJ~N~E REQUIREMENTS RFP # 133337
PRODUCER
KRAFT INSURANCE BROKERAGE
4340 Redwood .Highway, F-142
San Rafael, CA 94903
Exl~ibit C
CERTIFICATE OF LIABILITY INSURANCE I 01/1(5/2002ITHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. ,THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
,NSUREDMDA Engineering, Inc.
799Fletcher Lane
Hayward, CA 94544.
COVERAGES
INSURERS AFFORDING COVERAGE
American Motorist/Kemper.
Continental Casualty (CNA)
INSURER A:
INSURER B:
INSURER C:
INSURER D: .
’INSURER E: ’
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATE[~. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF.ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONDATE (MM/DD/YY) DATE (MMIDD/Y~LIMI’I;S
EACH OCCURRENCE!l Mil’lionGENERAL LIABILITY
X COMMERblAL GENERAL LL~BILITY
-- --1 CLAIMS MADE ’~-1 OCCUR
GEN’L AGGREGATE LIMIT APPLIES PER:
"~ POLICY r--} PRO-I I JECT ~ i LOG
AUTOMOBILE LIABILITY
7RS6.58323-01
7RS658323-01
7CW305390403
01/3o%2
01/30/02
9/1/ol "
0.113010.3
o113o/o3
9/1/02
A
A
-- ! ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
GARAGE LIABILITY"
~ANY AUTO
EXCESS LIABILITY L
"-~ OCCUR [----] CLAIMS MADE
~DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
OTHER
FIRE DAMAGE (Any one fire}
MED EXP (Any one person)
PERSONAL & AD_V.INJURY
GENERAL AGGREGATE
PRODUCTS ~ COMP/OP AGG
=i00,000
=10, 0.00
Million
=2 Million
Million
PROPERTY DAMAGE(Per accldenI)
COMBINED SINGLE LIMIT
BODILY INJURY(Per person) .$
BODILYINJURY(Per accident)$_ . .
=
AUTO ONLY-EAACCIDENT
,OTHERTHAN EAACC
AUTO ONLY:AGG
EACH OCCURRENCE
AGGREGATE
IWC STATU-I OTH-TORY LIMITS i ¯ER
EL EACH ACCIDENT¯"
E.L DISE/~SE - EA I~MI~LOYEE
E.L, DISEASE - POLICY LIMIT
$
$
$
$
$
$
$
B Professional SFN006088467 "12/8/01 12/8/02 $i Mil per claim &
.Liability annual aq~re~ate
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORBEMENWSPECIAL PROVISIONS
The City opf Palo Alto, its officers,agents &-employees are add’l insured for
work performed by MDA as provided herein for general liability/auto. Coverage
is primary. Contractual liability l.imited to terms/conditions, of policies.
CERTIFICATE HOLDER
City of.PaloAlto
Public Works Department
Regiona~ Water Quality Control
Plant - 2501 Embarcadero Way
Palo Alto, Ca 94303
~TTN: James Allen
ACORD25-S(7/97)
~A~LLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
!~%~TE THEREOF, THE ISSUING INSURER ~LL~~ MAIL ~0 DAYS WRITTEN
~TIGE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT ~7 FA;L~ .... .~ ~u~,,
A~~EPRESENT~
¯.
.~ "~CORPO~TION t988
EXHIBIT "D"
PART III - CERTIFICATION OF NONDISCRIMINATION FROM 410
Project:Engineering Services for the Regional Water Quality Control Plant
Operations Building HVAC Upgrade.
Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo
Alto, the firm and individuals listed below certify that they do not discriminate in
employment with regards to age, race, color,~.~eligion. Sex, national origin, ancestry,
disability, or sexual preference; that they are in compliance with all Federal, State and
local directives and executive orders regarding nondiscrimination in employment.
Firm: MDA ENGINEERING, INC.
Title of.Officer Signing:
¯ Signature:.
/#
Date: March 27, 2002
CITY OF PALO ALTO: CERTIFICATION OF NONDISCRIMINATION RFP # 133337