HomeMy WebLinkAbout2001-02-20 City Council (25)City of Palo Alto
TO:
FROM:
City Manager’s Report
...................................................................... 11HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:FEBRUARY 20, 2001 CMR:127:01
SUBJECT:APPROVAL OF AGREEMENT WITH WINZLER & KELLY
CONSULTING ENGINEERS IN THE AMOUNT OF $64,400 FOR
INSPECTION AND TESTING OF HAZARDOUS MATERIALS AT
VARIOUS CITY FACILITIES -CAPITAL IMPROVEMENT
PROGRAM PROJECT 10019
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Winzler &
Kelly Consulting Engineers in the amount of $ 64,400 for inspection and testing of
hazardous materials at various City facilities.
Authorize the City-Manager or his designee to negotiate and execute one or more
change orders to the contract with Winzler &. Kelly Consulting Engineers for
related, additional but unforeseen work which may develop during the project, the
total value of which shall not exceed $ 5,000.
DISCUSSION
Project Description
CIP 10019 provides for a detailed survey of the construction and finish materials that
may present a lead or asbestos exposure risk in various City facilities. Initial assessments
target older facilities where children are present, including Cubberly Community ¯Center,
Ventura Center, College Terrace Day Care Center, and the Children’s Library. The work
to be provided by the engineers includes field investigation, material sampling, laboratory
analysis, data tabulation, and provision of a written report. The report is intended to
provide prioritized recommendations to ensure the City’s compliance with Environmental
Protection Agency, Occupational Safety and Health Act, and other regulations applicable
to employee and children’s health and safety. Recommendations from this report will be
¯ implemented through the Capital Improvement Program.
Selection Process
Staff sent a request for proposals (RFP) to six firms on April 21, 2000. Firms were given
32 days to respond to the request. A pre-proposal meeting was held on May 9, 2000; four
CMR:127:01 -Page 1 of 3
firms attended the meeting. A total of four firms submitted proposals. Proposals ranged
from $16,000 to $40,000.
A selection advisory committee consisting of staff from Public Works’ Facilities
Management and Operations divisions reviewed the proposals, and three firmswere
invited to participate in oral interviews on June 27, 2000. The committee carefully
reviewed each firm’s qualifications and submittal in response to the RFP relative to the
following criteria: qualifications of principals and staff, experience on similar projects,
cost effectiveness for projects of this size, and understanding of the scope of work.
Winzler & Kelly Consulting Engineers was selected because of the experience and
professionalism of the personnel it would apply to the project~ and its recent excellent
performance on the Palo Alto Unified School District and municipal projects with
buildings very similar to those that the City needs surveyed.
The final negotiated price of $64,400 is higher than the preliminary budget price because
additional sampling was determined necessary to address hazardous materials that might
be encountered in future remodeling projects. The original sampling protocol was based
only on evaluating exposure to facility users, not necessarily maintenance and
construction staff. Price was not a major factor in selecting the consultant, as unit prices
for field investigation, sample analysis, and report preparation were similar in each of the
proposals.
RESOURCE IMPACT
Funds for this contract ($64,400) and contingency ($5,000) are available in the 2000-01
budget for Capital Improvement Project 10019, Inspection and Testing for Hazardous
Materials at City Facilities.
ENVIRONMENTAL ,REVIEW
The project is categorically exempt from the California Environmental Quality Act and
no further environmental review is necessary.
ATTACHMENTS
Attachment A: Contract
PREPARED BY:
DEPARTMENT HEAD:
~JAMES GUSTAI~-
Supervisor, Facilities Project
GLENN S.
Director of Public Works
CMR: 127:01 Page 2 of 3
CITY MANAGER APPROVAL:
Assistant to the City Manager
CMR:127:01 Page 3 of 3
ATTACHMENT A
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
WINZLER & KELLY CONSULTING ENGINEERS
FOR, CONSULTING SERVICES
This Contract No. is entered into
, by and between the CiTY OF PALO ALTO, a charteredcity and a municipal corporation of the State of California
("CITY"), and WINZLER & KELLY CONSULTING ENGINEERS, a
corporation, located at 200 Pine St., Suite. 600, San Francisco,
--CA 94104 ("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 Deliverables are, collectively; the "Project"), as
more fully described in Exhibit "A"; and
WHEREAS, CITY desires to engage CONSULTANT, including
its employees, if any, in providing the Services by reason of
its qualifications and experience in performing the Services,
and CONSULTANT has offered to complete the Project on the terms
and in the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants,
terms, conditions~ and provisions of this Contract the parties
agree: ’ ¯
SECTION i.TERM
I.I This Contract will commence on the date of its
execution by CITY, and will terminate upon the completion of the
Project, unless this Contract is earlier terminated by CITY.
Upon the receipt of CITY’s notice to proceed, CONSULTANT will
commence work on the initial and subsequent Project tasks in.
accordance with the time schedule set forth in Exhibit "A".
Time is of the essence of this Contract.. In the event that the
Project is not completed within the ti’me 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.
SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS
2.1 The scope of Services and Deliverables
constituting the Project w±ll be performed, delivered or
executed by CONSULTANT under the phases of the Basic Services as
described below.
2.2 CITY may order substantial changes in the scope
or character of the Basic Services, the Deliverables,. or the
Project, either decreasing or increasing the amount of .work
required of CONSULTANT. In the event that such changes are
ordered, subject to the approval of CITY’s City Council, as may
¯ be required, CONSULTANT will be entitled to full compensation
for all work performed prior to CONSULTANT’s receipt of the
notice of change and further will be entitled.to an extension of
the time schedule. Any increase in compensation for substantial
changes will be determined in ~ccordance with the provisions of
this Contract. CITY will not be liable for the cost or payment
of any change in work, unless the amount of additional
compensation attributable to the change in work is agreed to, in
writing, by CITY before CONSULTANT commences the performance of
any such change in work.
2.3 Where the Project entails the drafting and
submission of Deliverables, .for example, construction plans,
drawings, and specifications, any and all errors, omissions, or
ambiguities in the Deliverables, which are discovered by CITY
before invitations to bid on a construction project (for which
the 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, 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 manager in the reasonable exercise of his or her
discretion will determine whether the Basic Services or the
Additional Services, or both, will contribute minor or
substantial benefit to the Construction work.
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SECTION 3.
CONSULTANT
QUALIFICATIONS,STATUS, AND DUTIES OF
3.1 CONSULTANT represents and warrants 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 certified by the State of California, to the extent such
licensing or certification is required by law to perform the
Services, and that the Project will be executed by them or under
their supervision. CONSULTANT will furnish to CITY for
approval, prior to execution of this Contract, a list of all
individuals and the ~names of their employers or principals to be
employed as consultants.
3.2. In reliance on the representations 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 Mr. Charles R. Bove as the
project director to have supervisory responsibility for the
performance, progress, and .gxecution of the Project. Mr.
Charles R. Bove 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 employedunder.this Contract and any materials
used in CONSULTANT’s performance of the Services;
3.~.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
010209 cl 005/RWG/Winzler&Kelly 3
3.4.4 Will report immediately to the project
manager, in writing, any discrepancy or inconsistency i£
discovers in the laws, ordinances, regulations, orders, and
decrees mentioned above in relation to the Deliverables.
3.5 Any Deliverables given to, or prepared or
assembled by, CONSULTANT or its consultants, if any, under this
Contract will become the property of CITY and will not be made
available to any individual or organization by CONSULTANT or its
consultants, if ¯any, without the prior written approval of the
city manager.
3.6 CONSULTANT will provide CITY with ten (I0) copies
of any documents which are a part of the Deliverables upon their
completion and acceptanGe by CITY~
3.7 If CITY requests additional copies of any
documents which are a part of the Deliverables, CONSULTANT will
provide such additional copies and CITY will compensate
CONSULTANT for its duplicating costs.
3.8 CONSULTANT will be responsible for employing¯ or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT will be deemed to be directly
controlled and supervised .by CONSULTANT, which will beresponsiblefor their performance.If any employee orconsultantof CONSULTANT fails or refuses to carry outtheprovisionsof this Contract or appears to be incompetent ortoact in a disorderly or improper manner, the employee orconsultantwill 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 consultanhs, 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 soauthorized, 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 ofrecord;
3.10.2 Incurring travel and subsistence ~xpenses
for CONSULTANT and its staff beyond those normally required
under the Basic Services;
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3.10.3 Performing any other Additional Services
that may be agreed upon. by the parties subsequent to the
execution of this Contract; and
3.10.4 Other Additional Services now or hereafter
described in Exhibit "A" to this Contract.
3.11 CONSULTANT will be responsible for employing
all consultants deemed necessary to assist CONSULTANT in the
performance of the Services.. The appointment of consultants
must be approved, in advance, .by. CITY, in writing, and must
remain acceptable to CITY during the term of this Contract.
SECTION 4.DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit "A" and such information regarding
its requirements applicable to the Project as may be reasonably
requested by CONSULTANT.
4.2 CITY will review and approve, as necessary, in a
timely manner the Deliverables and each phase of work performed
by CONSULTANT. CITY’s estimated time of review and approval
will be furnished to CONSULTANT at the time of submission of
each phase of work. CONSULTANT acknowledges and understands
that the interrelated exchange of information among CITY"s
various departments makes it extremely difficult for CITY to
firmly establish the time of each review and approval task.
CITY’s failure to review and approve within the estimated time
.schedule will not constitute a default under this Contract.
4.3 The city manager will represent CITY for all
purposes under this Contract. Jim Gustafson 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 fixed fee of Sixty-Four
Thousand Four Hundred dollars ($64,400), based on the categories
010209 cl 005/RWG/Winzler&Kelly
of services and amounts therefore specified in Exhibit "B". The
fees of the consultants, who have direct contractual
relationships with CONSULTANT, will be approved, in advance,-., by
CITY and are included in the fixed fee. 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 Five Thousand dollars ($5,000) and
will be based on the hourly rates and testing costs specified in
Exhibit "B". 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
CONSULTANT gives CITY thirty (30) days’ prior written notice of
the effective date Of any revised rate schedule.
5.1.3 The full payment of charges for extra work
or changes, or both, in the execution of the Project will be
made, provided such request for payment is initiated by
CONSULTANT and authorized, in writing, by the project manager.
Payment will be made within thirty .(30) days of submission by
CONSULTANT of a statement, in triplicate, of itemized costs
covering such work or changes, or both. Prior to commencing
such extra work or changes, o~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, to the extent such services are expressly contemplated
under this Contract. Included in the cost of direct personnel
expense of these employees are salaries and mandatory and
.customary benefits such as statutory employee benefits,
insurance, sick leave, holidays and vacations, pensions and
similar benefits.
5.2 The schedule of payments will be made as follows:
5.2.1 Payment of the Basic Services will be made
in monthly progress payments in proportion to ~the quantum of
services performed, or in accordance with any other schedule of
010209 cl 005/RWG/Winzler&Kelly 6
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. Final payment.will be made by CITY after CONSULTANT
has submit~.ed all Deliverables, including, without limitation,
reports which have been approved by the project manager. ..
5.2.2 Payment. of the Additional Services will be
made~ in monthly progress payments for services rendered, within
thirty (30) days of submission, in triplicate,, of such requests.
.5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or
other sums withheld by CITY from payments to general
contractors.
SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services~pertaining to the Project will
be 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 t~rm of this Contract and for three
(3) years following the expiration or earlier 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 of
whether the Project is completed upon CITY’s payment of the
amounts required to be paid to CONSULTANT. These originals will
be delivered to CITY without additional 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, employees
and agents, from any and all demands, claims, or liability of
any nature, including death or injury to any person, property
damage or any other loss, caused by or arising out of
CONSULTANT’s, its officers’, agegts’, consultants’ or emploYees,
negligent acts, errors, or omissions, or willful misconduct, or
conduct for which applicable law may impose strict liability on
010209 el 005/RWG/Winzler&Kelly 7
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,-coidition or provision of this
Contract or of the provisions of any ordinance or law will not
be deemed to be a waiver of any such covenant, term, condition,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by
either party of any fee or other money which may become due
hereunder will not be deemed to be a waiver of any preceding
breach or violation by the other party of any covenant, term,
condition or provision of this Contract or of any applicable law
or ordinance.
8.2 No payment, partial payment, acceptance, or
partial acceptance by CITY will operate as a waiver on the part
of CITY of any of its rights under this Contract.
SECTION 9. INSURANCE
9.1 CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full f~rce and effect during the term of
this Contract, the. insurance coverage described in Exhibit "C",
insuring not only CONSULTANT and .its consultants, if any, but
also, with the exception of workers’ compensation, employer’s
liability and 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, 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 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
010209 c1005~WG~i~ler&Kelly 8
policies of workers’ compensation, employer’s liability, and
professional liability insurance. Current certificates of such
insurance will 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 will not be construed to limit
CONSULTANT’s liability hereunder nor to fulfill the
indemnification provisions of this Contract. Notwithstanding
the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage,injury,
or .loss caused by or directly arising as a resultof the¯ -Services performed under this Contract, including suchdamage,
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 ~he performance of the Project.
PROJECT
SECTION ii. TERMINATION OR SUSPENSION OF CONTRACT OR
Ii.i The city manager may suspend the execution of ~he
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 ~f 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
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
010209 c1005~WG~i~le~Kelly 9
after it has been suspended for more than 180 days, any change
in CONSULTANT’s compensation will be subject to renegotiation
and, if necessary, approval of CITY’s City Council. If this
Contract is suspended or terminated on account of a default by
CONSULTANT, CITY will be obligated Co 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 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 under this Contract.
11.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully.
performed, CONSULTANT 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 service actually rendered bears ’to the services
necessary .for the full performance of that item Of service.
11.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service 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 reconaaendations, 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
010209 el 005~WG~i~ler&Kelly 10
the prior written consent of CITY. A consent to one assignment
will not be deemed to be a consent to any subsequent assignment.
Any assignment made without the 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 writing,
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 indirec[, financial or otherwise, which
would confli.ct 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 the Palo Alto Municipal Code and the
Government Code of the State of California.
SECTION 15. NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of persons under
this Contract because of the age, race, .color, national origin,
ancestry, religion, disability, sexual preference or gender of
such person. If the value of this Contract is, or may be, five
thousand dollars ($5,000) or more, CONSULTANT.agrees to meet all
requirements of the Palo .Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the
requisite form furnished by CITY and set forth in Exhibit "D"~
010209 el 005/RWG/Winzler&Kelly 1 1
15.2 CONSULTANT agrees that each contract fore.services
from independent, providers will contain a provision
substantially as follows:
"[Name of .Provider] will provide
CONSULTANT with a certificate stating that
IName .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 prgvisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be..
in default of this Contract. Thereupon, CITY will have the
power to cancel or suspend this Contract, in whole or in part,
or to deduct the sum of .twenty-five dollars ($25) for each
person for each calendar day during which such person was
subjected to discrimination,. ~s 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 federalAmericans 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 th~ 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.
010209 cl 005/RWG/Winzler&Kelly 1 2
16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.4 In the event that an action is brought, the
parties agree that trial of such action will be vested
exclusively in the state courts of California or in the United
States District Court for the Northern District of California in
the County of Santa Clara, State of California.
16.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out ofthisContract may recover its reasonable costs and attorneys’feesexpended in connection with that action.
16.6 This document represents the entire andintegrated Contract between the parties and supersedes all prior
negotiations, representations, and contracts, either written or
oral. This document may be amended only by a written
instrument, which is signed by the parties.
16.7 All provisions of this Contract, whether
covenants or conditions, will be deemed to be both covenants.and
conditions.
16.8 The covenants, terms, .conditions and provisions
of this Contract will appl~° 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 finds or
rules that any provision of this Contract or any amendment
thereto is void or unenforceable, the unaffected provisions of
this Contract and any amendments thereto will remain in full
force and effect.
16.10 All exhibits referred to in this Contract and
any addenda, appendices, attachments, and schedules which, from
time to time, may be referred to in any duly executed amendment
hereto are by such reference incorporated in this Contract and
will be deemed to be a part of this Contract.
16.11 This Contract may be executed in any number of
counterparts, each of which will be an 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 City of Palo Alto and the Palo
Alto Municipal Code. This Contract will terminate without any
penalty (a) at the end of any fiscal year in the event that
funds are not appropriated for the following fiscal year, or (b)
at any time within a fiscal year in the event that funds are
010209 el 005/RWG/Winzler&Kelly 13
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.
IN WITNESS WHEREOF, the parties hereto have by their
duly auth6rized representatives executed this Contract on the
date first.above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Public Works
Mayor
WINZLER & KELLY CONSULTING
ENGINEERS
By:
Name: Anthony A. Petroccitto
Name: Michael D. Kincaid
Title: Principal Engineer
Taxpayer Identification No.
Insurance Review 68-0274914
(Compliance with Corp. Code ~ 313 is
required if the entity on whose behalf
this contract is signed .is a
corporation. In the alternative, a
certified corporate resolution attesting
-to the signatory authority of the
individuals signing in their respective
capacities is acceptable)
Attachments :
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D":
SCOPE OF PRO~ECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
0i0209 cl 005/£WG/~’inzl~r&K~lly 1 4
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
On I~, 2001, before me, the undersigned, a
Notary Public in and for ’ ’State, personallyappeared~Cop~personally known t~_me or pro~ed to me on the basis of
satisfactory evidence to be the person~s4 whose name~) i_~s/are
subscribed to the within instrument and acknowledged to me that
~h~_/she/they executed the same in ~her/their authorized
capacity(~’e~, and that by h~%!her/their signature~s~ on the
instrument the person(~ or the entity upon behalf of which .the
person(s~- acted, executed the instrument.
WITNESS my hand and official seal.
of Notary Public
010209 el 005/RWG/Winzler&Kelly 15
" CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189).~
On 6~|~ , 2001, before me, the undersigned,
Notary Public in and for said :,
appeared ,
personally known to me or proved to me on the is of
satisfactory evidence to be the person~s~ whose name~Q _i~/are
subscribed to the within instrument and acknowledged to me that
h_h~she/they executed the same in !lib/her/their authorized
capacity(~a~,, and that by hi_i~!her/their signature~s~ on the
instrument the person~s~, or the entity upon behalf of. which the
person(~ acted, executed the instrument.
WITNESS my hand and official seal.
~of Notary Public
~-~~IVIARIBETH 8ALGUERO-CHANG
,,-/..~- ~ COMM. #1238404
~ (.~~.~) Nola~y Public-California
’= \\~/ SAN FRANCISCO COUNTY
010209 cl O05/RWO/Winzler&Kelly 1 6
EXHIBIT "A"
SCOPE OF PRO~CT AND TIM~ SCItEI)ULE
CITY OF PALO ALTO
INSPECTION AND TESTING FOR HAZARDOUS MATERIALS.
I.Basic Services
A. Scope of Survey and Testing
The Consultant shall evaluate specified City facilities for the presence of hazardous
substances and prepare a report pertaining thereto. The Consultant shall work with the
Public Works Department, Facilities Management Division, to develop the survey
strategy, identify sampling locations for each facility, propose and have a schedule.
approved, and create a mechanism for tabulating results and presenting
recommendations. Surfaces and components to be sampled are those that present an
exposure risk to building occupants and maintenance personnel. Roofs and inaccessible
painted surfaces are not included. The consultant will incorporate City-provided
documentation of past sampling results and asbestos remediation projects that exist for
various facilities being evaluated. After the sampling is completed and evaluated, the
Consultant will provide an authoritative reference document describing the type and
allocation of hazardous materials present at the designated facilities. This reference
document will identify the environmental hazards requiring remediation or removal as
part of a minor remodeling project frk furore remediation stand-alone projects. Sites for
this assessment are the Cubberley Community Center, Ventura Elementary School,
College Terrace Library Day Care Center, Junior Museum and the Children’s Library.
(See attachments). ACM’s and lead paint are the only hazardous materials in the basic
. scope of this study. If additional hazardous materials are encountered in the basic scope
of this study. If additional hazardous materials are encountered in the course of this
study, notify the project manager so an appropriate course of action may be determined.
This work will be addressed as additional services.
B.Basic Services Tasks
010209 el 005/RWG/Winzler&Kelly
a.Attend a Pre-Survey Meeting with the City of Palo Alto Project Manager and
Building Representatives
b. Field Investigation/Data Gathering
c. Preliminary Report Meeting
d. Preliminary Report Presentation
Additional Sampling in Remediation Targeted Areas
Final Report
Final Report Presentation (oral)
PROJECT ADMINISTRATION
III.
Jim Gustafson, Facilities Projects Supervisor, will be the point of contact and project
manager throughout the consultation. All questions, correspondence and invoices
shall be addressed to the project manager at City of Palo Alto, Facilities Management
Division, P.O. Box 10250, Palo Alto, CA 94303, phone (650) 496-6920, fax (650)
496-6958.
REPORTS
Three copies of the draft report shall be provided. The final report shall be a spiral
bound notebook, 8 ½" x 11", with title page, table of contents, ~summary, findings,
recommendations, and appendix with sampling locations and specific lab results (ten
copies-). Provide an Autocad R14 or Autocad 2000 CD for drawings showing, sample
locations and identification.
IV.INFORMATION TO BE PROVIDED BY THE CITY
The City will provide the consultant with blue line copies of available site plans, floor.
plans, and architectural elevation views of the buildings to be surveyed. The City will
provide available records of past sampling (limited) and remediation projects that
have occurred in the designated facilities immediately after award of the consultant
agreement.
TIME OF COMPLETION
The consultant shall begin work within 14 calendar days after receipt of the Notice to
proceed. The consultant shall provide a schedule containing, as a minimum, the
milestone events described in the scope of work. The consultant shall complete the
work within four months after receipt of the Notice to proceed.
010209 el 005/RWG/Winzler&Kelly ]. 8
EXHIBIT "B"
RATE SCHEDULE
Basic Services
Fees shall include all normal costs associated with a field survey, testing, and analysis project
including;. travel, meetings, sub-consultants, laboratory sample coordination, and report
generation. Consultant shall be paid in full upon completion of work.
Consultant shall provide all basic services under this agreement for a not-to-exceed fee of Sixty
Four Thousand Four Htmdred dollars ($64,400).
Pre Survey Meeting with City $ 800
Field Investigation/Data Gathering/Sampling Analysis $52,800
Preliminary Report Presentation $ 800 ¯
Targeted Field Sampling/Laboratory Analysis $ 8,000
Final Draft Report $ 1,000.Final Report $ 1,000
Total $64,400
Additional Services
Consultant shall be paid on a time and material basis according to the following rate~, should any
work be requested by the City which falls outside the basic services of this project. All
additional services work must be authorized in writing by the City’s Project Manager.
Winzler & Kelly Project Manager
Field Technician
Clerical
CAD Draftsman
$110.00/hr.
$ 65.00/hr.
$ 50.00/hr.
$ 85.00/hr.
Laboratory Fees:
Asbestos PLM
Lead AA
$13.00/sample
$15.00/sample
010209 el 005/RWG/Winzler&Kelly 19