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HomeMy WebLinkAboutStaff Report 3720City of Palo Alto (ID # 3720) City Council Staff Report Report Type: Consent Calendar Meeting Date: 5/6/2013 City of Palo Alto Page 1 Summary Title: Lucie Stern Mech/Elec Upgrade Design Contract Title: Approval of a Contract with Advanced Design Consultants, Inc. in the Total Amount of $234,869 for Design of Mechanical, Electrical and Fire Life Safety Upgrades for the Lucie Stern Community Center Complex (CIP PF- 09000) From: City Manager Lead Department: Public Works RecommendationStaff recommends that Council: Approve,and authorize the City Manager or his designee to execute,the attached contract with Advance Design Consultants, Inc. (Attachment A) in the amount of $234,869 for the design of Lucie Stern Buildings Mechanical/Electrical Upgrades (Capital Improvement Program Project PF-09000), including $213,517 for basic services and $21,352 for additional services. BackgroundThe Lucie Stern buildings were originally constructed in 1936. The buildings havebeen through successive remodeling but there are specific deficiencies that were pointed out in a 2008 Facilities Assessment Report developed by Kitchell Co., Inc. In particular, certain electrical and mechanical components servicing the buildings have reached the end of their useful life expectancy. Additionally, the City of Palo Alto Fire Department requested an upgrade to the existing fire/life safety system at the Children’s Theatre because the fire access lane in the rear of the theater was narrowed when the Children’s Library was expanded. DiscussionWhile staff was developing a detailed scope of work for the Lucie Stern Children’s Theatre project, staff recognized the similar and related work at the other two buildings at the Lucie Stern complex (the Lucie Stern Community Center and the Lucie Stern Community Theater) and is proposing to include them in the scope of a comprehensive revised project for the renovation of the Lucie Stern Buildings Mechanical/Electrical Upgrades for Council consideration. The adopted FY2013 Capital Improvement Program (CIP) budget included existing and additional appropriations,totaling $340,000,for design of the Children’s Theatre mechanical and electrical systems (CIP Project PF-09000), and $100,000 City of Palo Alto Page 2 for design of the Community Center mechanical system (PF-13001). Prior year budgets allocated $250,000 for design and construction of the fire/life safety upgrades for the Children’s Theatre (PF-07003).The adopted-in-concept budget for FY2014 includes $170,000 for design of the Community Theater electrical system replacement (PF-15002). The subject contract will encumber the available design funds from PF-09000, but provide design services for all four projects. In the proposed FY2014 Capital Improvement Budget, the four projects will be moved and consolidated in a new CIP Lucie Stern Buildings Mechanical/Electrical Upgrades (PE-14015) for efficiency and project administrative purposes. Based upon the 2008 needs assessment described above, staff issued a Request for Proposals (RFP) seeking an engineering firm to design modifications to the identified building systems in order to extend the buildings’useful life by an additional thirty years. The scope of work outlined in the RFP included a study phase, conceptual design phase, construction document phase, and a bid and construction phase for the following elements: Task 1: Lucie Stern Children’s Theatre·Fire/Life Safety Upgrade·Balcony Stair Design·Mechanical and Electrical Services Upgrades Task 2: Lucie Stern Community Theater·Electrical Services Upgrades Task 3: Lucie Stern Community Center·Mechanical Services Upgrades The RFP for the project was sent to prospective consultants and posted on the City’s web site on Jan 10, 2013. The following table summarizes the results of the RFP solicitation: City of Palo Alto Page 3 Summary of Solicitation Process Proposal Description/Number Design Services for Lucie Stern Mechanical/Electrical Upgrades Proposed Length of Project 180 Calendar Days Number of Request for Proposals Mailed 21 Total Working Days to Respond to Proposal 18 Working Days Number of Proposals Received 8 Company Name Location (City, State) Selected for Oral Interview? 1.Tmad, Taylor, & Gaines San Francisco, CA Yes 2.Carey & Co., Inc.San Francisco, CA No 3.Bartos Architecture San Mateo, CA No 4.Gordon Prill, Inc.Mountain View, CA No 5.Advance Design Consultants, Inc.San Jose, CA Yes 6.EDesignC, Inc.San Francisco, CA No 7.Axiom Engineers San Jose, CA No 8.Flack + Kurtz San Francisco, CA No Range of Proposal Amounts Submitted $213,517 -$467,525 An evaluation committee,consisting of representatives from the Public Works Engineering Services and Public Services Divisions,reviewed the proposals. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP. The committee reviewed each firm's qualifications relative to its experience in mechanical, electrical, and fire/life safety design. Consideration was also given to the quality of the proposers’ project approach, performance on past historical and theater projects, qualifications of the specific staff to be assigned to the project, and understanding of the project goals. Two firms were invited to participate in oral interviews on April 3, 2013. Advance Design Consultants, Inc.(ADC)was selected because of the depth and quality of their design experience;particularly with respect to the exceptional qualifications of their proposed project design team and the strength of their proposed project design approach. City of Palo Alto Page 4 TimelineThe design of the components for the three buildings will be completed within 180 calendar days following issuance of the Notice to Proceed. Subsequently, construction of the improvements is expected to take place during Winter 2013 / Spring 2014. If feasible, construction of selected project elements may be fast-tracked to allow for the work to take place during any Children’s Theatre breaks. Staging of the work will be planned in close coordination with the users of the facilities. Resource ImpactFunding for the design of the proposed Lucie Stern renovations is available in the Children’s Theatre Improvement project (CIP PF-09000).Funds for the construction phase are included in the new Lucie Stern Buildings Mechanical/Electrical Upgrades (CIP PE-14015). Remaining funding from Children’s Theatre Fire/Live Safety Upgrades project (CIP PF-07003), the Children’s Theatre Improvement project (CIP PF-09000), the Lucie Stern Mechanical System Upgrade project (CIP PF-13001), and the Lucie Stern Theater Electrical Systems Replacement project (CIP PF-15002)will be returned to the Infrastructure Reserve Fund and those projects closed upon Council’s approval of the proposed FY 2014-2018 Capital Improvement Program budget Environmental ReviewThis project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines as repair, maintenance or minor alteration of an existing facility and no further environmental review is necessary. Attachments: ·A -ADC Contract for Professional Services (PDF) CITY OF PALO ALTO CONTRACT NO. C13148737 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND ADVANCED DESIGN CONSULTANTS, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this day of May, 2013, ("Agreement") by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and ADVANCE DESIGN CONSULTANTS, INC, a California corporation, located at 998 Park Ave, San Jose, CA 95126 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to implement the Lucie Stem Buildings Mechanical/Electrical Upgrades Project ("Project") and desires to engage a consultant to provide professional design services for upgrades in connection with the Project in connection with the Project ("Services"). B. CONSUL TANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. o Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) Services will be authorized by the City, as needed, with a Task Order assigned and approved by the City's Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-I. Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and the City may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. Professional Services Rev. Nov. 1,2011 SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached as Exhibit "B" unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is ofthe essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed two hundred, thirteen thousand,five hundred, seventeen dollars ($213,517.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed twenty­ one thousand, three hundred, fifty two dollars ($21,352.00). The applicable rates and schedule of payment are set out in Exhibit "C-1", entitled "HOURLY RATE SCHEDULE," which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A". I SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-1 "). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSUL TANT shall send all invoices to the City's project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. 2 Professional Services Rev. Nov. 1,2011 S:IASDIPURCHISOLICITATIONSICURRENT BUYER-CM FOLDERSIPW -JOHN MIContractsIFY20 13 ContractslC13148737 _ ADCC LS Mech-ElecIC13148737_Lucie Stern MechElec Upgrades Constract.doc All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSUL TANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSUL TANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. Ifthe total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSUL TANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: 1) Walshon Fire Protection, Inc. 1015 Terminal Way, San Carlos, CA 94070 2) BCA Structural Engineering, Inc. 3 Professional Services Rev. Nov. 1,2011 1300 Industrial Rd, San Carlos, CA 94070 CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a sub consultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assignLorenzoRios as the Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and Lorenzo Rios Jr. as the project Coordinator to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion ofthe Project or a threat to the safety of persons or property. The City's project manager is Matt Raschke, Public Works Department, Engineering Services Division, City of Palo Alto, CA 94303, Telephone:650-496-5937. The project manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSUL T ANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any Professional Services Rev. Nov. 1,2011 4 nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSUL TANT' s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17 . WAIVERS. The waiver by either party of any breach or vio lation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation ofthe same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSUL TANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subjectto 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 materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days' notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT's receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire term of this Agreement. 18.4. 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 5 Professional Services Rev. Nov. 1,2011 of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSUL TANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereofto CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULT ANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, ifthis Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise ofhislher discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4,20, and 25. 19.5. 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 Agreement. SECTION 20. NOTICES. 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 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director 6 Professional Services Rev. Nov. 1,2011 at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, 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. 21.2. CONSUL TANT further covenants that, in the performance ofthis Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement 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. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred Purchasing policies which are available at the City's Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with the following zero waste requirements: • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of30% or greater post-consumer content paper, unless otherwise approved by the City'S Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. 7 Professional Services Rev. Nov. 1,2011 • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter ofthe City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fi-scal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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 in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 25.4. This document represents the entire and integrated agreement 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. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants ofthe parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5( d) about a California resident ("Personal Information"), CONSULTANT shall maintain reasonable and 8 Professional Services Rev. Nov. 1,2011 appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City's express written consent. 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 25.9 All unchecked boxes do not apply to this agreement. 9 Professional Services Rev. Nov. 1,2011 25.1 0 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. D DE~IG1L-UL TANTS, INC, CITY OF PALO ALTO By: City Manager APPROVED AS TO FORM: Senior Asst. City Attorney Title: 1?RkS I 0 ~ N 1 Attachments: EXHIBIT "A": EXHIBIT "A-I" EXHIBIT "B": EXHIBIT "C": EXHIBIT "C-l": EXHIBIT "D": SCOPE OF WORK ON CALL TASK ORDER (Optional) SCHEDULE OF PERFORMANCE COMPENSATION SCHEDULE OF RATES INSURANCE REQUIREMENTS !O Professional Services Rev.Nov.!,20!! EXHIBIT" A" SCOPE OF SERVICES Chapter 4 Work Plan or Proposal Introduction: The Lucie Stern Buildings Mechanical/Electrical Upgrades project will encompass three (3) separate buildings; Palo Alto Children's Theater, Lucie Stern Community Theater and Lucie Stern Community Center. The buildings where constructed in 1936 and are located at 1305 Middlefield Road, Palo Alto. The professional services will be divided into three (3) separate work packages as outlined in the scope of work provide with the RFP. Each professional service work package will incorporate a Study Phase, Conceptual Design, Construction Drawings and Bidding/Construction phase. Advance Design Consultants, Inc. (ADC) will provide architectural/engineering consulting services for the evaluation, analysis, recommendation and design for mechanical, electrical and fire / life safety upgrades and improvements, along with any associated structural upgrades for the City of Palo Alto Children's Theatre. ADC will provide engineering consulting services for the evaluation, analysis, recommendation and design for the electrical only upgrades for the Lucie Stern Community Theater. ADC will provide engineering consulting services for the evaluation, analysis, recommendation and design for the mechanical only upgrades, along with any associated electrical/structural support for the new equipment for the Lucie Stern Community Center. Professional Services Approach: I. Phase 1: Study Phase The three (3) buildings; Palo Alto Children's Theater, Lucie Stern Community Theater and Lucie Stern Community Center will remain occupied throughout the entire design process and completion of construction. The study phase of the project will be presented to the City of Palo Alto with a Basis of Design report and As-Built drawings for each building project work package. This phase will include the following: 11 Professional Services Rev. Nov. 1,2011 a. A detailed scope of work as described by the City of Palo Alto and refined based on development of the basis of design. b. Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Develop As-Built drawings ofthe building and systems to be evaluated. c. Survey the various departments and interview end-users that will be utilizing the areas of refurbishment to affectively address their desired needs and concerns. This will include strategies and alternatives that will provide maximum benefit to end user and optimize the functionality and usefulness of the work spaces d. Analyze the existing system(s) to be evaluated and identify existing deficiencies, condition, useful life expectancy, existing equipment life cycle, code compliance, aesthetics, capacity and energy efficiency. e. Consult the City of Palo Alto Project Manager and City of Palo Alto Energy Consultant as needed to develop the survey strategy, identify the existing conditions and needs, and develop recommended modifications to meet critical needs. f. Make recommendations to demolish, modify, refurbish, replace and update existing system as needed based on analysis. The recommendations will meet 2010 California Building & Energy Codes, City of Palo Alto Codes and Regulation, Current NFPA Codes and any other applicable codes and/or regulations. They will take into account the feasibility, economics, downtime and disruption to occupants. g. Provide alternative design concepts and strategies for each system to be evaluated so the City of Palo Alto can determine which option is best for the facility's needs. II. Phase 2: Conceptual Design This phase will entail the preparation of preliminary design drawings with estimated construction costs for the City of Palo Alto's at 30% for review and comment. This phase will include the following: a. Su bmission of 30% conceptual design drawings and demolition drawings for the City of Palo Alto's review and approval. This submission will be Issue for Review 30% (IFR30%). This submission will include the drawings and specifications as stated in the project deliverables section ofthis chapter. b. Provide life cycle analysis of new major pieces of equipment and proposed energy efficient equipment. It is proposed that the City of Palo Alto is replaCing/retrofitting outdated equipment such that the building systems receive an extended life expectancy 12 Professional Services Rev. Nov. 1,2011 of 30 or more years. The analysis is proposed to be included into a revision of the basis of design which will be re-submitted in Phase 2. c. Provide a preliminary engineer's cost estimate of the construction contract cost for the City of Palo Alto's review. The estimate is proposed to be included into a revision of the basis of design which will be re-submitted in Phase 2. d. Provide a proposed methodology for completing the renovations during time periods of least impact to the functions of the departments proposed; along with refining the full scope of work ofthe project. The analysis is proposed to be included into a revision of the basis of design which will be re-submitted in Phase 2. e. Attend meeting after 30% submission with the City of Palo Alto project manager and associated personal to review the documents submitted and receive comments. III. Phase 3: Construction Documents This phase will include the preparation of detailed construction documents, including detailed drawings and specifications, which will be submitted to the City of Palo Alto at 60% and 90% for review and comment. This submission will include the drawings and specifications as stated in the project deliverables section of this chapter. This phase will include the following: a. Prepare construction documents all components defined in Phase 2 Conceptual Design. Detailed plans and specifications will be presented to the City of Palo Alto at 60% and 90% for review and comment. These submissions will be Issue for Review 60% (IFR60%) and Issue for Review 90% (IFR90%) b. Provide a final engineer's cost estimate of the construction contract cost for the City of Palo Alto's review at the 90% submission. c. Attend meeting after 60% and 90% submission with the City of Palo Alto project manager and associated personal to review the documents submitted and receive comments. d. Prepare construction documents to be Issue for Permit (IFP) following 90% submission revisions. Assist the City of Palo Alto in obtaining all building permits, and other applicable permits required for the implementation of the work. e. Prepare final construction documents to be Issue for Construction (IFe) following the City's approval of the IFP documents. This submission will include the drawings and specifications in AutoCAD and MS Word format as stated in the deliverables section of 13 Professional Services Rev. Nov. 1,2011 this chapter. The drawings and specifications will be non-proprietary so multiple vendors can bid on the installation. f. Prepare a proposed detailed construction schedule including, but not limited to, equipment lead times for major equipment purchases, tenant relocations, temporary equipment and staging, etc., using Microsoft Project. It is proposed that the schedule will be submitted with IFP package for review and finalized for IFC package submittal. g. Provide "as-built" final record drawings based on "as-built" information provided by the general contractor and field verification. Record drawings will be provided in AutoCAD format on a CD, as well as one set of reproducible drawings. IV. Phase 4: Bid and Construction This phase will require ADC to provide assistance to the City of Palo Alto's staff (e.g. pre bid meeting with prospective bidders, issuance of addenda, respond to requests for information or clarification, etc.) and will assist the city with evaluation of the bids. Following the award of the construction contract to a general contractor, ADC will engage in negotiations with the city to develop an appropriate scope of work for the construction phase services to be provided as needed. The RFP indicates that the construction phase services will be added to the Consultant's contract at the City's discretion via a contract amendment. 14 Professional Services Rev. Nov. 1,2011 Detailed Scope of Work: I. Package 1: Palo Alto Children's Theater (17,619 SF) a. Task 1.1: Fire Life / Safety Upgrade The scope will entail the evaluation, analysis, recommendation and design for the Fire Alarm / Life Safety System and Fire Protection Sprinkler System. The Fire Alarm / Life Safety system consists of panels, detectors, alarms, horns, strobe lights, pull stations, batteries, exist signage and emergency lights. The fire alarm system will tie into the existing Honeywell system. The Fire Protection Sprinkler system consists of wet sprinkler coverage for the building. The sprinkler system will be developed with locations of fire sprinkler heads, proper fire sprinkler coverage, flow calculations, pipe sizing and verification of water service and pressure into the system. The Fire Alarm / Life Safety Engineering design will be provided by ADC's electrical engineering division and the Fire Protection Sprinkler design will be provided Walschon Fire Protection Systems which will be reviewed by ADC's mechanical engineering division. The scope will include the systems serving, but not limited to, the following areas within the theater listed below: • Children's Theatre Lobby • Storage closet in lobby • Men's RR in lobby • Theatre Box Office next to lobby • Control booth in lobby (for auditorium) • Main auditorium (audience sitting area) and Orchestra pit • Auditorium attic area i.e. space above ceiling • Hallway next to the audience • Electric Equipment room next to the stage • Attic next to the Elec. Equip. Room • Catwalk for operating elevated stage light • Catwalk above Orchestra pit • Kitchen next to media center • Under the stairs/ladder access to the second floor catwalk in the Magic Castle • Entire Boy Scouts area. 15 Professional Services Rev. Nov. 1,2011 The acoustics and historical aspects of the Children's Theatre including the auditorium will be carefully considered while providing architectural/engineering design for the new Fire Alarm / Life Safety System and Fire Protection Sprinkler System. Concealment of the sprinklers and acoustical considerations will be taken into account during the conceptual design phase to ensure the City of Palo Alto is content with the final product. The following subtasks will be provided within this task to meet the proposed schedule attached and the professional services project approach. i. Subtask 1.1.1: Existing Document Review Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Analysis and findings will be presented in the study phase of the work package. ii. Subtask 1.1.2: Field Investigation Perform extensive field investigation of the entire project work package site and all existing conditions that may affect the scope of work. As-Built drawings will be developed and provide as part ofthe basis of design. iii. Subtask 1.1.3: Basis of Design (BOD) Develop a Basis of Design for Package 1 which will include the Fire Life / Safety Upgrade's evaluation, analysis, recommendations, etc. as described in Phase 1 of professional services approach. The Basis of Design will include all three (3) major tasks listed for Package 1. iv. Subtask 1.1.4: 30% Conceptual Design Development (IFR30%) Prepare and submit 30% conceptual design drawings, preliminary engineer's construction cost estimate and update basis of design as listed in Phase 2 ofthe of professional services approach. This submission will include all three (3) major tasks listed for Package 1. v. Subtask 1.1.5: 60% Construction Documents (IFR60%) 16 Professional Services Rev. Nov. 1,2011 Prepare and submit 60% construction drawings, specifications and engineer's construction cost estimate. This submission will include all three (3) major tasks listed for Package 1. vi. Subtask 1.1.6: 90% Construction Documents (IFR90%) Prepare and submit 90% construction drawings, specifications and engineer's construction cost estimate. This submission will include all three (3) major tasks listed for Package 1. vii. Subtask 1.1.7: Issue for Permit (IFP) Prepare and submit Issue for Permit drawings and calculations. Assist City of Palo Alto in obtaining permits as needed. Prepare and Submit tentative construction schedule using Microsoft Project. This submission will include all three (3) major tasks listed for Package 1. viii. Subtask 1.1.8: Issue for Construction (IFe) Prepare and submit Issue for Construction drawings and specifications for the City of Palo Alto's use. This submission will include all three (3) major tasks listed for Package 1. ix. Subtask 1.1.9: Bid and Construction Support Provide assistance to the City of Palo Alto's staff and assist the city with evaluation of the bids. x. Subtask 1.1.10: liAs-Builts" Upon completion ofthe construction provide liAs-Built" drawing based on the general contractor red lines and field investigations. This submission will include all three (3) major tasks listed for Package 1. b. Task 1.2: Balcony Stair Design The scope will entail the evaluation, analysis, recommendation and design to replace the existing balcony stair system which currently provides staff access to the catwalk in the liMagic Castle" stage area. The current system install is in very poor condition and does not meet current building code requirements. During the evaluation and design of the staircase system ADC will take into account then requirements of the City of Palo Alto Fire and Building Departments, the 2010 California Building Code, Title-24 Compliance and Accessibility/ADA requirements as applicable. The design of new stairs will consider 17 Professional Services Rev. Nov. 1,2011 the installation of perforated metal to allow fire sprinkler water to pass from above and determine if the new fire sprinklers will be needed underneath the proposed staircase. The following subtasks will be provided within this task to meet the proposed schedule attached and the professional services project approach. i. Subtask 1.2.1: Existing Document Review Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Analysis and findings will be presented in the study phase of the project work package. ii. Subtask 1.2.2: Field Investigation Perform extensive field investigation of the entire project work package site and all existing conditions that may affect the scope of work. As-Built drawings will be developed and provide as part of the basis of design. iii. Subtask 1.2.3: Basis of Design (BOD) Develop a Basis of Design for Package 1 which will include the Balcony Staircase Upgrade's evaluation, analysis, recommendations, etc. as described in Phase 1 of professional services approach. The Basis of Design will include all three (3) major tasks listed for Package 1. iv. Subtask 1.2.4: 30% Conceptual Design Development (IFR30%) Prepare and submit 30% conceptual design drawings, preliminary engineer's construction cost estimate and update basis of design as listed in Phase 2 of the of professional services approach. This submission will include all three (3) major tasks listed for Package 1. v. Subtask 1.2.5: 60% Construction Documents (IFR60%) Prepare and submit 60% construction drawings, specifications and engineer's construction cost estimate. This submission will include all three (3) major tasks listed for Package 1. vi. Subtask 1.2.6: 90% Construction Documents (IFR90%) Prepare and submit 90% construction drawings, specifications and engineer's construction cost estimate. This submission will include all three (3) major tasks listed for Package 1. vii. Subtask 1.2.7: Issue for Permit (IFP) 18 Professional Services Rev. Nov. 1,2011 Prepare and submit Issue for Permit drawings and calculations. Assist City of Palo Alto in obtaining permits as needed. Prepare and Submit tentative construction schedule using Microsoft Project. This submission will include all three (3) major tasks listed for Package 1. viii. Subtask 1.2.8: Issue for Construction (IFe) Prepare and submit Issue for Construction drawings and specifications for the City of Palo Alto's use. This submission will include all three (3) major tasks listed for Package 1. ix. Subtask 1.2.9: Bid and Construction Support Provide assistance to the City of Palo Alto's staff and assist the city with evaluation of the bids. x. Subtask 1.2.10: "As-Builts" Upon completion ofthe construction provide "As~Built" drawing based on the general contractor redlines and field investigations. This submission will include all three (3) major tasks listed for Package 1. c. Task 1.1.3: Mechanical and Electrical Services Upgrades The scope will entail the evaluation, analysis, recommendation and design to replace the Children's Theater mechanical and electrical services. The existing mechanical system consists of various types of Heating, Ventilation and Air Condition systems. The building is served by chiller, air handlers and some scattered heat pumps located on the roof and/or space. The building is also served from the basement which houses some custom air handlers. In addition, the building is also served by several smaller units which appear to be installed recently. All the mechanical equipment serving the building will be evaluated and the replacement/retrofit of the existing systems will provided as needed. HVAC building cooling/heating load calculations will need to be conducted to survey if the existing system capacity is adequately sized and to determine requirements for installation of HVAC equipment with the proper capacity. Based on the HVAC systems to be replaced and/or retrofitted the electrical load may also change. The electrical system currently serving the building will need to be carefully surveyed to determine if the major electrical equipment and sub-electrical panels will need to be 19 Professional Services Rev. Nov. 1,2011 replaced. Based on building demand power load calculations and proposed HVAC power consumption the electrical system will be replace and/or retrofitted to meet the new demand of the building. All the electrical systems including, but not limited to, the Main Switchgear, Panels, Sub-Panels, HVAC Disconnects, etc. will be carefully evaluated for life expectancy, available capacity and future capacity. The electrical system upgrade scope will also include all electrical power feeds as needed for the proposed HVAC system{s) to be replaced and/or retrofitted. The electrical system upgrade scope will also include all redistribution/increase in receptacles to areas as needed. The following subtasks will be provided within this task to meet the proposed schedule attached and the professional services project approach. i. Subtask 1.3.1: Existing Document Review Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Analysis and findings will be presented in the study phase of the project work package. ii. Subtask 1.3.2: Field Investigation Perform extensive field investigation of the entire project work package site and all existing conditions that may affect the scope of work. As-Built drawings will be developed and provide as part of the basis of design. iii. Subtask 1.3.3: Basis of Design (BOD) Develop a Basis of Design for Package 1 which will include the Mechanical and Electrical System Upgrade's evaluation, analysis, recommendations, etc. as described in Phase 1 of professional services approach. The Basis of Design will include all three (3) major tasks listed for Package 1. iv. Subtask 1.3.4: 30% Conceptual Design Development (lFR30%) Prepare and submit 30% conceptual design drawings, preliminary engineer's construction cost estimate and update basis of design as listed in Phase 20fthe of professional services approach. This submission will include all three (3) major tasks listed for Package 1. v. Subtask 1.3.5: 60% Construction Documents (IFR60%) Prepare and submit 60% construction drawings, specifications and engineer's construction cost estimate. This submission will include all three (3) major tasks listed for Package 1. 20 Professional Services Rev. Nov. 1,2011 vi. Subtask 1.3.6: 90% Construction Documents (IFR90%) Prepare and submit 90% construction drawings, specifications and engineer's construction cost estimate. This submission will include all three (3) major tasks listed for Package 1. vii. Subtask 1.3.7: Issue for Permit (IFP) Prepare and submit Issue for Permit drawings and calculations. Assist City of Palo Alto in obtaining permits as needed. Prepare and Submit tentative construction schedule using Microsoft Project. This submission will include all three (3) major tasks listed for Package 1. viii. Subtask 1.3.8: Issue for Construction (lFC) Prepare and submit Issue for Construction drawings and specifications for the City of Palo Alto's use. This submission will include all three (3) major tasks listed for Package 1. ix. Subtask 1.3.9: Bid and Construction Support Provide assistance to the City of Palo Alto's staff and assist the city with evaluation of the bids. x. Subtask 1.3.10: IIAs-Builts" Upon completion ofthe construction provide IIAs-Built" drawing based on the general contractor red lines and field investigations. This submission will include all three (3) major tasks listed for Package 1. II. Package 2: Lucie Stern Community Theater (33,716 SF) a. Task 2.1: Electrical Services Upgrades The scope will entail the evaluation, analysis, recommendation and design to replace the Lucie Stern Community Theater electrical services including the Scene Shop (1,800 SF). The electrical system currently serving the building will need to be carefully surveyed to determine if the major electrical equipment and sub-electrical panels will need to be replaced. Based on building demand power load calculations and existing HVAC power consumption the electrical system will be replace and/or retrofitted to meet the current demand ofthe building. All the electrical systems including, but not limited to, the Main Switchgear, Panels, Sub-Panels, HVAC Disconnects, etc. will be carefully evaluated for life 21 Professional Services Rev. Nov. 1,2011 expectancy, available capacity and future capacity. It is expected that the existing main switch gear and distribution will need to be replaced. The electrical system upgrade scope will also include all redistribution/increase in receptacles to areas as needed. The following subtasks will be provided within this task to meet the proposed schedule attached and the professional services project approach. i. Subtask 2.1.1: Existing Document Review Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Analysis and findings will be presented in the study phase of the project work package. ii. Subtask 2.1.2: Field Investigation Perform extensive field investigation of the entire project work package site and all existing conditions that may affect the scope of work. As-Built drawings will be developed and provide as part of the basis of design. iii. Subtask 2.1.3: Basis of Design (BOD) Develop a Basis of Design for Package 2 which will include the Electrical System Upgrade's evaluation, analysis, recommendations, etc. as described in Phase 1 of professional services approach. iv. Subtask 2.1.4: 30% Conceptual Design Development (IFR30%) Prepare and submit 30% conceptual design drawings, preliminary engineer's construction cost estimate and update basis of design as listed in Phase 2 of the of professional services approach. v. Subtask 2.1.5: 60% Construction Documents (IFR60%) Prepare and submit 60% construction drawings, specifications and engineer's construction cost estimate. vi. Subtask 2.1.6: 90% Construction Documents (IFR90%) Prepare and submit 90% construction drawings, specifications and engineer's construction cost estimate. vii. Subtask 2.1.7: Issue for Permit (IFP) Prepare and submit Issue for Permit drawings and calculations. Prepare and Submit tentative construction schedule using Microsoft Project. Assist City of Palo Alto in obtaining permits as needed. 22 Professional Services Rev. Nov. 1,2011 viii. Subtask 2.1.8: Issue for Construction (IFe) Prepare and submit Issue for Construction drawings and specifications for the City of Palo Alto's use. ix. Subtask 2.1.9: Bid and Construction Support Provide assistance to the City of Palo Alto's staff and assist the city with evaluation of the bids. x. Subtask 2.1.10: "As-Builts" Upon completion ofthe construction provide "As-Built" drawing based on the general contractor red lines and field investigations. III. Package 3: Lucie Stern Community Center (10,230 SF) a. Task 1: Mechanical Services Upgrades The scope will entail the evaluation, analysis, recommendation and design to replace the Lucie Stern Community Center mechanical services. The existing mechanical system consists of various types of Heating, Ventilation and Air Condition systems. The building is served by heating only units located in the attic. The basement of the building is served by a custom air handler with rectangular duct distribution in open low ceiling area. All the mechanical equipment serving the building will be evaluated and the replacement/retrofit of the existing systems will provided as needed. HVAC building cooling/heating load calculations will need to be conducted to survey if the existing system capacity is adequately sized and to determine requirements for installation of HVAC equipment with the proper capacity. Areas with heating only will be modernized to receive HVAC with cooling if possible. All electrical power feeds as needed for the proposed HVAC system(s) to be replaced and/or retrofitted will be included in this scope. The following subtasks will be provided within this task to meet the proposed schedule attached and the professional services project approach. i. Subtask 3.1.1: Existing Document Review Review all available plans and documentation provided by the City of Palo Alto for the project work package area. Analysis and findings will be presented in the study phase of the project work package. 23 Professional Services Rev. Nov. 1,2011 ii. Subtask 3.1.2: Field Investigation Perform extensive field investigation of the entire project work package site and all existing conditions that may affect the scope of work. As-Built drawings will be developed and provide as part of the basis of design. iii. Subtask 3.1.3: Basis of Design (BOD) Develop a Basis of Design for Package 2 which will include the Mechanical System Upgrade's evaluation, analysis, recommendations, etc. as described in Phase 1 of professional services approach. iv. Subtask 3.1.4: 30% Conceptual Design Development (IFR30%) Prepare and submit 30% conceptual design drawings, preliminary engineer's construction cost estimate and update basis of design as listed in Phase 2 ofthe of professional services approach. v. Subtask 3.1.5: 60% Construction Documents (IFR60%) Prepare and submit 60% construction drawings, specifications and engineer's construction cost estimate. vi. Subtask 3.1.6: 90% Construction Documents (IFR90%) Prepare and submit 90% construction drawings, specifications and engineer's construction cost estimate. vii. Subtask 3.1.7: Issue for Permit (IFP) Prepare and submit Issue for Permit drawings and calculations. Prepare and Submit tentative construction schedule using Microsoft Project. Assist City of Palo Alto in obtaining permits as needed. viii. Subtask 3.1.8: Issue for Construction (lFC) Prepare and submit Issue for Construction drawings and specifications for the City of Palo Alto's use. ix. Subtask 3.1.9: Bid and Construction Support Provide assistance to the City of Palo Alto's staff and assist the city with evaluation of the bids. x. Subtask 3.1.10: "As-Builts" Upon completion of the construction provide "As-Built" drawing based on the general contractor red lines and field investigations. 24 Professional Services Rev. Nov. 1,2011 Deliverables: The professional services will be divided into three (3) separate work packages as outlined in the detailed scope of work provided above. Each professional service work package will incorporate a Study Phase, Conceptual Design, Construction Drawings and Bidding/Construction phase. Each phase will have deliverables which are described in the professional services approach and scope of work sections of this chapter. The three (3) packages will be; Package 1: Palo Alto Children's Theater, Package 2: Lucie Stern Community Center, and Package 3: Lucie Stern Community Theater. The following will be included for each Package listed: 1. Basis of Design (BOD) • Preparation and delivery offive (5) hard copies and one (1) electronic copy (MS Word and PDF) of the draft BOD report. 2. Issue for Review 30% (IFR30%) • Preparation and delivery offive (5) hard copies and one (1) electronic copy(MS Word and PDF) ofthe final BOD report. • Preparation and delivery of five (5) hard copy sets and one (1) electronic copy set (PDF) of IFR30% Conceptual Drawings 3. Issue for Review 60% {lFR60%) • Preparation and delivery of five (5) hard copy sets and one (1) electronic copy set (PDF) of IFR60% Design Drawings. • Preparation and delivery offive (5 hard copies and one (1) electronic copy (PDF) of IFR60% Technical Specifications. 4. Issue for Review 90% (IFR90%) • Preparation and delivery of five (5) hard copy sets and one (1) electronic copy set (PDF) of IFR90% Design Drawings. • Preparation and delivery of five (5) hard copies and one (1) electronic copy (PDF) of IFR90% Technical Specifications. 5. Issue for Permit (IFP) • Preparation and delivery of five (5) wet signed/stamped hard copy sets and one (1) electronic copy (PDF) of IFP Design Drawings. 25 Professional Services Rev. Nov. 1,2011 • Preparation and delivery ofthree (3) wet signed/stamped hard copy sets and one (1) electronic copy (PDF) of Structural Calculations as required per package. 6. Issue for Construction (IFP) • Preparation and delivery offive (5) hard copy sets and one (1) electronic copy (AutoCAD & PDF) of IFC Construction Drawings. • Preparation and delivery of five (5) hard copies and one (1) electronic copy (MS Word & PDF) of IFC Technical Specifications. • Preparation and delivery ofthree (3) wet signed/stamped hard copy sets and one (1) electronic copy (PDF) of Structural Calculations as required per package. 7. "As-Builts" Record Drawings • Preparation and delivery of one (1) hard copy (reproducible) and one (1) electronic copy (AutoCAD & PDF) of "As-Built" Record Drawings. Proposed Engineering Schedule (NTP + 180 days) : The Time of Competition of all services is proposed to be within one-hundred eighty (180) calendar days after issuance of the Notice to Proceed (NTP) as stated in section G of Attachment B of the provided RFP Number 148737. Further the City of Palo Alto may request that certain high-priority components be completed within sixty (60) days after issuance of NTP. It is proposed that Package I, Tasks 1.1, 1.2, and 1.3 be completed concurrently. It is proposed that Package 2, Task 2.1 and Package 3, Task 3.1 be completed concurrently. It is proposed that the City of Palo Alto will take 5 working days to review submission prior to review meeting and providing comments. It is proposed that the City of Palo Alto Building / Fire department review for Permit will take 10 working days before providing plan check comments and/or approval of drawings. Bidding and Construction Support is shown tentative (additional services) and upon receipt of NTP the schedule will finalized. 26 Professional Services Rev. Nov. 1,2011 27 Professional Services Rev. Nov. 1,2011 EXHIBIT "B" SCHEDULE OF PERFORMANCE CONSULTANT shall perfonn the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the tenn of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Milestones Completion No. of DayslWeek From NTP (Work Days) Package 1: Palo Alto Children's Theater MechanicaIlElectricallFire Life Safety Upgrades and Balcony Stair Design 1. Document Collection and Field Investigation Start 2. Submit BOD 13 Days 3. BOD Review Meeting (City Meeting) 5 Days 4. Submit IFR 30% 10 Days 5. IFR 30% Review Meeting (City Meeting) 5 Days 6. Submit IFR 60% 10 Days 7. IFR 60% Review Meeting (City Meeting) 5 Days 8. Submit IFR 90% 10 Days 9. IFR 90% Review Meeting (City Meeting) 5 Days 10. Submit IFP 5 Days 11. Submit IFC and Obtain Permit 17 Days Total 85 Days 12. Bidding Support Tentative Package 2 and 3: Lucie Stern Community Theater and Community Center Electrical Services Upgrades and Mechanical Service Upgrades 1. Document Collection and Field Investigation Start 2. Submit BOD 13 Days 3. BOD Review Meeting (City Meeting) 5 Days 4. Submit IFR 30% 5 Days 5. IFR 30% Review Meeting (City Meeting) 5 Days 6. Submit IFR 60% 5 Days 7. IFR 60% Review Meeting (City Meeting) 5 Days 8. Submit IFR 90% 5 Days 9. IFR 90% Review Meeting (City Meeting) 5 Days 10. Submit IFP 3 Days 11. Submit IFC and Obtain Permit 15 Days Total 66 Days 12. Biding Support Tentative 2 Date (6/3/13) (6/20/13) (6/27/13) (7/11/13) (7/18/13) (8/1/13) (8/8/13) (8/22/13) (8/29/13) (9/5/13) (9/30/13) (8/22/13) (9/10/13) (9/17/13) (9/24/13) (10/1/13) (10/8/13) (10/15/13) (10/22/13) (10/29/13) (11/1/13) (11/22/13) Professional Services Rev. Nov. 1,2011 (Version 1 -use for task based compensation) EXHIBIT "C" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-l up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed $213,517. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $21,352. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY's Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $213,517 and the total compensation for Additional Services does not exceed $21,352. BUDGET SCHEDULE Task 1 (Children's Theater Study Phase) Task 2 (Children'S Theater Conceptual Design) Task 3 (Children'S Theater Construction Drawings) Task 4 (Children'S Theater Bid & Construction Phase) Task 5 (Children'S Theater Reimbursables) Task 6 (Community Theater Study Phase) Task 7 (Community Theater Conceptual Design) 14 NOT TO EXCEED AMOUNT $24,212 $20,451 $45,870 $6,330 $1,937 $13,259 $10,869 Professional Services Rev. Nov. 1,2011 Task 8 $21,775 (Community Theater Construction Drawings) Task 9 $6,144 (Community Theater Bid & Construction Phase) Task 10 $1,041 (Community Theater Reimbursables) Task 11 $16,340 (Community Center Study Phase) Task 12 $15,535 (Community Center Conceptual Design) Task 13 $23,287 (Community Center Construction Drawings) Task 14 $5,258 (Community Center Bid & Construction Phase) Task 15 $1,209 (Community Center Reimbursables) Sub-total Basic Services $209,330 Reimbursable Expenses $4,187 Total Basic Services and Reimbursable expenses $213,517 Additional Services (Not to Exceed) $21,352 Maximum Total Compensation $234,869 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: 15 Professional Services Rev. Nov. 1,2011 A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement oftravel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $500 shall be approved in advance by the CITY's project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY's project manager's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT's proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-I. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement 16 Professional Services Rev. Nov. 1,2011 (Version 2 -hourly rate -not task based) EXHIBIT "C" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-l. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A" ("Services") and reimbursable expenses shall not exceed $ CONSUL TANT agrees to complete all Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $ . Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $ shall be approved in advance by the CITY's project manager. ADDITIONAL SERVICES The CONSUL T ANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, atthe CITY's project manager's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT's proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-I. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. 16 Professional Services Rev. Nov. 1,2011 OrOPTIONAL] Work required because the following conditions are not satisfied or are exceeded shall be considered as Additional Services: 17 Professional Services Rev. Nov. 1,2011 Rates in Dollars per Hour: EXHIBIT "C-l" HOURLY RATE SCHEDULE EFFECTIVE JANUARY 1 THROUGH DECEMBER 31, 2013 Item Discipline Billing Rate 0001 Prindpal/Mgr $ 214.10 0002 Supervisor $ 149.75 0003 SpecWdter $128.51 0004 Cost Estimator $ 147.62 0005 Drafter $90.10 0006 Architect S 156.83 0007 Arch itect -Des igner $108.07 0008 Structural Engineer $154,46 0009 Structural Designer $ 108.07 0010 Civil Engineer $ 131,43 0011 Geotechnical Engineer $131.43 0012 Mechanical Engineer $131,43 0013 Mechanical Designer $102.23 0014 Electrical Engineer $131.43 TheSe hourly rates ,we bosed on personnel $alaries, overhead, mark-up, and profit. MISCELLANEOUS FEES The following services are billed at no mark-up: ~ Subcontracted services [including Consultants, Contractors, Legal, and materials). & Permit fees or filing fees advanced by us, & Trarrsportatfon, meals and lodging for overnight travel and incidental travel expenses. Commercial delivery services, including federal Express, Express Mail and Messenger SerVkes. u Excessive klllg distance telephone cails, telegrams, and other costs directly applicable to the project. Outside printing services. Additional project insurance. MILEAGE ........................................................... $ .55/mile or Current allowable rate established by the IRS i ! 99& Park Ave. Sail Jose, CA 95126 P: (408)297·1881 f: (408)294-3186 18 ADVANCE DESIGN CONSULTANTS, INC. ii,rt;"ii(:u7;;"t~!;:; t~fl~jjhO(ltij~'~~/f~~~ Yo~;i:'s~'i(~ca;s: Professional Services Rev Nov. 1,2011 Client#· 7 ADVANDESI ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 4/29/2013 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510 465-3090 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Property Casualty Co Advance Design Consultants Inc INSURER B: U.S. Specialty Insurance Com pan 998 Park Avenue INSURER C: San Jose, CA 95126 INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' LTR NSRC TYPE OF INSURANCE POLICY NUMBER P&''-4~~ri~)~8mlE Pg~fJ(t~~tWlN LIMITS A ~NERAL LIABILITY 6806693L45A 12/01/12 12/01/13 EACH OCCURRENCE $1000,000 eX-3MMERCIAL GENERAL LIABILITY General Liab. ~~~6lf;~JoE~~~J~~ence $1000000 r--CLAIMS MADE [Xl OCCUR Excludes Claims MED EXP (Anyone person) $10000 rX-BI/PD Arising out of PERSONAL & ADV INJURY $1000000 the Performance GENERAL AGGREGATE $2000000 r-- GEN'LAGGREGATE LIMIT APPLIES PER: of Professional PRODUCTS -COMP/OP AGG $2000000 !xl POLICY n ~~8T n LOC Services A ~TOMOBILE LIABILITY BA6694L168 12/01/12 12/01/13 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY -$ SCHEDULED AUTOS (Per person) - .!... HIRED AUTOS BODILY INJURY $ .!... NON-OWNED AUTOS (Per accident) -PROPERTY DAMAGE $ (Per accident) ~AGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ A ~ESS/UMBRELLA LIABILITY CUP7866Y787 12/01/12 12/01/13 EACH OCCURRENCE $4000000 X OCCUR D CLAIMS MADE AGGREGATE $4000000 $ ==i DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND UB7088Y069 09/01/12 09/01/13 X I T~~YS[~Ws I IOJ~- EMPLOYERS' LIABILITY $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below B OTHER Professional USS1223566 12/30/12 12/30/13 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS All Operations of the Named Insured. The City of Palo Alto, its Council Members, Officers, Agents and Employees are additional insureds as respects to General & Automobile Liability per policy form wording. Such insurance is Primary & Non Contributory with Severability of Interest clause. CERTIFICATE HOLDER City of Palo Alto Purchasing and Contract Administration P.O. Box 10250 Palo Alto, CA 94303 ACORD 25 (2001/08) 1 of 1 #S596015/M491648 CANCELLATION 10 Days for Non-Paymen SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .....30..... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE t.J2.iAV--.::} ~ CCB @ ACORD CORPORATION 1988 POLICY NUMBER: 6806693L45A COMMERICAL GENERAL LIABILITY ISSUE DATE: 12/01/12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Palo Alto Purchasing and Contract Administration P.O. Box 10250 Palo Alto, CA 94303 PROJECT/LOCATION OF COVERED OPERATIONS: SCHEDULE NAME OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS CO NT: The City of Palo Alto, its Council Members, Officers, Agents and Employees PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched­ ule above is an additional insured on this Cover­ age Part, but only with respect to liability for "bod­ ily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis­ sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera­ tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per­ son or organization has assumed liability in a con­ tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render­ ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi­ tional insured shall be the limits which you agreed in that "contract or agreement requir­ ing insurance" to provide for that additional insured, or the limits shown in the Declara­ tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the addi­ tional insured shown in the Schedule, the insur­ ance provided to that additional insured under this CG 03820907 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur­ ance is primary to other insurance that is avail­ able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi­ tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional in­ sured when the additional insured is also an addi­ tional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON· DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the pro­ ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un­ der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur­ ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal in­ jury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un­ der which you are required to include the person or organization shown in the Schedule as an ad­ ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc­ curs, and the "personal injury" is caused by an of­ fense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG 03820907 Includes the copyrighted material of Insurance Services Office, Inc .• with its permission POLICY NUMBER: BA6694L 168 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 12/01/12 Named Insured Countersigned by ~ fA c. . ~ Advance Design Consultants Inc --r (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): SCHEDULE NAME OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS CONT: The City of Palo Alto, its Council Members, Officers, Agents and Employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20480299 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1