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2001-05-21 City Council (2)
City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL 6 FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES .DATE: SUBJECT: MAY 21, 2001 CMR: 201:01 APPROVAL OF A CONTRACT WITH DES ARCHITECTS & ENGINEERS IN THE AMOUNT OF $90,786 FOR DESIGN SERVICES FOR IMPROVEMENTS TO THREE BAYLANDS PARKING LOTS AND IMPROVEMENTS TO HARBOR ROAD, CAPITAL IMPROVEMENT PROGRAM PROJECT 10003 RECOMMENDATION ~ Staff recommends that Council:. 1. Approve and. authorize the Mayor to execute the attached contract with DES Architects. & Engineers in the amount of $90,786 for design services for Improvements to Three Baylands Parking Lots and Improvements to Harbor Road. 2.Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with DES Architects & Engineers for related, additional but unforeseen work, which may develop during the project, the total value of which shall not exceed $9,0.00. DISCUSSION Proiect Description The work to be performed under the contract is for preparation of construction documents for drainage improvements that will completely regrade and repave each lot to properly collect runoff water and channel it through naturally filtering bio-swales. The parking lots adjacent to Byxbee Park and the Harbor Point sailing station are currently paved with crushed granite that has badly deteriorated, producing a poorly drained and uneven .surface unsafe for both pedestrians and motor vehicles. The asphalt-surfaced parking lot adjacent to the Lucy Evans Baylands Nature Interpretive Center is also in significant .need of repair. The new paving material to be specified for the Byxbee Park and Harbor Point lots will incorporate an environmentally sustainable, non-petroleum based bonding agent, and the size of the Harbor Point lot will be reduced by approximately 25%. The surface of the Interpretive Center lot will remain asphalt and the size of the lot will remain the same. CMR:201:01 Page 1 of 3 Another component of the proposed improvements i~ the widening of Harbor Road along a segment of approximately~ 1,700 linear feet between the existing intersection with Embarcadero Road and the culvert bridge before the Interpretive Center parking lot~ The width of the road will be increased from 24 feet in some places to a consistent width of 28 feet in order to accommodate a bike lane in each direction. A new, automated entrance gate will be included in the design. The scope of work for this project includes a topographic survey; geotechnical site reconnaissance and soils testing; surface runoff quantification and storm drainage calculations; coordination with outside agencies and satisfaction of applicable permitting requirements; and preparation of contract documents including plans, technical specifications, construction cost estimates, bid assistance and construction administration services. As was done for the design of the Duck Pond parking lot improvements, staff from the Regional Water Quality Control Plant will assist the consultant in incorporating state-of-the-art water containment and natural filtering techniques in the designs. Selection Process Staff sent a request for proposals (RFP) to twelve firms on February 15, 2001. The proposal period was twenty days. A total of two firms submitted proposals. The proposals ranged from $78,048 to $78,538. A selection advisory committee consisting of staff from the Departments of Administrative Services, Community Services and Public Works reviewed the proposals. The committee carefully reviewed each firm’s qualifications and submittal in response to the RFP relative to the following criteria: qualifications and experience, of proposed project manager and key staff; similar experience and expertise in the type of work and service required; proposed approach and methodology in satisfying project requirements, and proposed fee relative to the services to be provided.. DES Architects & Engineers was selected because staff felt its proposal was superior when measured against the ¯ criteria listed above. The final contract amount reflects additional fees that were negotiated to cover minor changes to the proposed scope of work. These changes include an increase in the amount of construction administration services to be provided by the consultant. RESOURCE IMPACT Funds for this .project are available in the Capital Improvement Program Project 10003 for open space road and parking lot repair. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies. This project furthers Policy N-1 and Program C-19 of the Comprehensive Plan. CMR:201:01 Page 2 of 3 ENVIRONMENTAL REVIEW This project is exempt from the provisions of the California Environmental Quality Act under Section 15302 of the guidelines, and no further environmental review is required. ATTACHMENTS Attachment A: Attachment B: Bid Summary Contract PREPARED BY: DEPARTMENT HEAD: CHRIS RAFFERTY Project Manager, Community Services. PAUL THILTGEN Director of Community Services CITY MANAGER APPROVAL: Assistant City Manager CMR:201:01 Page 3 of 3 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND DES ARCHITECTS & ENGINEERS FOR CONSULTING SERVICES This Contract No.is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and DES ARCHITECTS & ENGINEERS, a California corporation, located at 399 Bradford Street, Redwood City, California 94063 (~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 0 ("Deliverables") (Services and Deliverables are, collectively, the ~ProjeGt"), as more fully described in Exhibit ~’; 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 Section l.l(a) of Exhibit A, the Scope. of Services. Time is of the essence of this Contract. In the event that the Project is not completed within the time required through any fault of CONSULTANT, CITY’s city manager will have the option of extending the time schedule for any period of time. This provision will no~ preclude.the recovery of damages for delay caused by CONSULTANT. ~ 010514 cl 005/RWG/DESArehitects SECTION 2.SCOPE OF PROJECT; CHANGES &CORRECTIONS 2.1 The scope of Services and Deliverables constituting the Project Will 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 ¯ ch@nges will be determined in accordance with the provisions of this Contract. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work. is agreed to, in writing, by CITY before CONSULTANT commences the performance of any. such change in work. 2.3 Where the Project entails the drafting and submission of Deliverables, for example, construction plans, drawings, and specifications, any and all e~rors, omissions, or ambiguities in the Deliverables, Which are discovered by CITY before invitations to bid on a construction projec~ (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 foilows: (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. 010514 cl 005/RWG/DESArchite~ts 2 SECTION 3. CONSULTANT QUALIFICATIONS,ST, ATUS, .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 b% executed, the Project. 3.3 CONSULTANT will assign Steve Mincey as the project director to have supervisory responsibilityfor the performance, progress, and execution of the Project. Christopher Boyle will be assigned as the project coordinator who will represent CONSULTANT during the day-to-day work on the Project. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the project director or project coordinator for any reason, the appointment of a substitute project director or substitute project coordinator will be’subject to the prior written approval of the project manager. 3.4 CONSULTANT represents and warrants that it will: 3.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the Project; 3.4.2 Keep itself fully informed of all existing and future Federal, State. of California, and local laws, ordinances, regulations, orders, and decrees which.may affect those engaged or employed under this Contract and any materials used in CONSULTANT’s performance of the Services; 3.4.3 At all times observe and comply with> and cause its employees and consultants, if any, who are assigned to the performance of this Contract to observe and comply with, the laws,ordinances, above;and regulations,orders and decrees mentioned 3.4.4 Will report immediately to the project manager, in writing, any discrepahcy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above inrelation 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 the number of copies of the various deliverable documents.as indicated on page 5 of Exhibit "A". 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 be responsible for their performance.If any employee or consultant of CONSULTANT fails or refuses to carry Outthe provisions of this Contract or appears to be incompetent orto act in a disorderly or improper manner, the employeeor consultant will be discharged immediately from further performance under this Contract on demand of .the project manager. 3.9 In the execution of the Project, CONSULTANT and its consultants, if any, will at all times be considered independent contractors and not agents or employees ofCITY. 3.10 CONSULTANT will perform or obtain or cause tobe performed or obtained any and all of the following Additional Services, not included under the Basic Services, if so authorized, in writing, by CITY: 3.10.I Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 010514 c1005/RWG/DESArchitects 4 3.10.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; ’3.10.3 Performing any other’Additional Services that may be agreed upon by the parties subsequent to -the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in Exhibit "A" to this Contract. 3.1i .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 fi.rmly establish the time of each review and approval task. CITY’s failure to review and approve within the estimated time schedul.e will not constitute a d4fault "under this Contract. 4.3 .The city manager will represent CITY for all purposes under this Contract. Chris Rafferty 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: 010514 el 005/RWG/DESArchitects 5.1.1 In consideration of the full performance of the Basic Services, including any authorized reimbursable expenses, CITY will pay CONSULTANT a fee not to exceed Ninety Thousand Seven Hundred Eighty Six dollars ($90,786). The amount of compensation will be calculated in accordance with the hourly rate schedule set forth in Exhibit "B", on a time and materials basis, upt~ the maximum amount set forth in Exhibit ~B" for each phase of the work. The fees of the consultants, who have direct contractual relationships with CONSULTANT, will be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. 5.1.2 In consideration of the. full performance of Additional Services, the amount ’of compensation set forth in Exhibit "B" will not exceed Nine Thousand dollars ($9,000.00). Payment for Additional Services, if any, shall be based on the rate schedule in Exhibit"B~. 5.1.3 The full payment of charges for Additional Services mustbe 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. Prior to commencing such Additional Services the. parties will agree upon an estimated maximum ~cost for such Additional Services. CONSULTANT will not be paid for Additional Servi.ces- 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. 5.1.5 The rate schedules may be updated by CONSULTANT only once each calendar year, and the rate schedule will not become effective for purposes of this Contract, unless and until CONSULTANT gives CITY thirty (30) days" prior written notice of the ~ffective date of any revised rate schedule. In the event of an increase in the hourly rate schedule, the 010514 cl O05~WO~ES~ehi~c~6 maximum total compehsation for the total Project and for each phase may not-be exceeded. 5.2 The schedule of payments will be made as follows: 5.2.1 Payment of the Basic Services will be made in monthly progress payments in proportion to the quantum of services performed, or in accordance with-any other schedule of .payment mutually agreed upon by the° parties, as set forth in Exhibit "B", or within thirty~ (30). days of submission, in triplicate, of such requests if a schedule of payment is not specified. Final payment will be made by CITY after CONSULTANT h~s submitted 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 mutuaily convenient times during the term. of this Contract and for three (3) years following .the’ expiration or earlier termination of this Contract. 6.2 The originals of the 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. 010514 el 005/RWG/DESArchitects 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 othe~ loss, caused by or arising out of CONSULTANT’s, its officers’,- agents’, consultants’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONSULTANT in the performance of or failure to perform its obligations under this Contract. SECTION 8. WAIVERS 8.1 The waiver by either party of any breach or. violation of any covenant, term, condition or provision of this Contract- or of the provisions of any ordinance or law will not be deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or .law or of any subsequent breach ~r 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 ~he 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 w~ll operate as a waiver on the part of CITY of any of its rights under thisContract. SECTION 9. INSURANCE 9.1 CONSULTANT, at its sole cost and expense, will obtain and maintain, in full force and effect during the term. of this Contract, the insurance coverage described in Exhibit ~C", insuring not only. CONSULTANT 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 Ratinq Guide ra’tings of A: VII or higher which are ~dmitted 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 .... .- 010514 el 005~WG~ES~chitec~ 8 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, andthat the City of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer’s liabflity, and professional liability insurance. Current certificates of such insurance will be kePt on file at all times during the term of this Contract with the city .clerk. 9.4 The procuring of .such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstanding the policy~ or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury,. or loss caused by or directly arising a~s a result of the Services performed under this Contract, including such .damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION i0.WORKERS’ COMPENSATION -i0.I CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before conamencing the performance of the Project. PROJECT SECTION II. TERMINATION OR .SUSPENSION OF CONTRACT OR Ii.I The city manager may Suspend the execution of the Project, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ .prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services. Upon reCeipt of such notice, CONSULTANT will immediately discontinueits performance under this Contract. 11.2 CONSULTANT may terminate this Contract or suspend its execution of the Project by giving thirty (30) days’ prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY or in the event CITY O10514 cl 005/RWG/DESArchiteets 9 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 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 to compensate CONSULTANT only for that portion of CONSULTANT’-s services which are of direct and immediate benefit to CITY, as. such determination may be made by the city manager in the reasonable exercise of her discretion. 11.4 In the event of termination of this Contract Or suspension of work on the Project by CITY where CONSULTANT is not in default, CONSULTANT 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 .~eliver to the city manager immediately any and all copies of the Deliverables, whether or not completed, prepared by CONSULTANT or its consultants, if any, or given to CONSULTANT or its consultants, if any, in connection with this Contract. Such materials will become the property of CITY. 11.6 The failure of CITY to agree with CONSULTANT’s independent findings, conclusions, or~ recommendations, if the 010514 cl 005/RWG/DESArehitects 10 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 fulfillits 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 br to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be a consent to any subsequent assignment.. Any assignment made without the 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 indirect, financial or otherwise, which would conflict in any .manner or degree with the performance of the Services. 14.2 CONSULTANT further covenants that, in the performance of this Contract, it will not employ contractors or persons having such an interest mentioned above. CONSULTANT certifies that no one who has or will have any financial interest under this. Contract is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions-of the Palo Alto Municipal Code and the Government Code ofthe State of California. 010514 cl 005/RWG/DESArchitects 11 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 ~’. 15.2 CONSULTANT agrees that each contract for services from independent .providers will contain a provision substantially as follows: ~ "[Name of Provider] will provide CONSULTANT with a certificate stating that [Name of Provider] is c~rrently 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, disabilityi- sexual preference or gender of such person." 15.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar prQvisions of Federal law or executive order in the performance of thLs Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or suspend, this Contract, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Emp!oyment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. SECTION 16. MISCELLANEOUS PROVISIONS 16.1 CONSULTANT represents and warrants .that it has knowledge of the requirements of the federal Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access 010514 cl 005/RWG/DESArehitects 12 to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONSULTANT will comply with or ensure by its advice that compliance with such provisions, will be effected pursuant to the terms of this Contract.~ 16.2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. 16.3 This Contract will be governed by the laws of the State of California, excluding.its conflicts of law.. 16.4 In the event that an actioD 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 Californiain 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 ofthis Contract may recover its reasonable .costs and .attorneys’fees expended in connection with that action. 16.6 This document represents the entire and integrated Contract between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 16.7 All provisions of "this Contract, whether. covenants or conditions, will be deemed to be both covenants and conditions. 16.8 The covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants, as the case may be, of the parties. 16.9 If a court of cbmpetent 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 010514 el 005~WG~ehi~eS 13 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 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. // // // // II I/ // I/ I/. I/ I/ I/ I/ 1/ 1/ // 010514 el 005:R.WG/DESArchiteets 14 MAY. 16.2001 I:S3PM D.E.S.M0.427 P.3/~ IN WITNESS WHEReoF, the parties duly authorized representatives executed date first above written. hereto have by theiI. this Contract on thI ATTRST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor DES ARCHiTeCTS & ENGINEERS Senior Asst. City Attorney APPROVED: Assistan~ Ci.tyManager Director o~.Ad~inlstrative Services Director of Community Services Insurance Review By: (Compliance With Co;p. Code required if the ,entity on behalf ~hls m.on~rac~ is slg~ed is o=potation. ~n the alternative, certified orporate attesting to ~he $ignato=y authorlt~ of the indlviduals signin~ in respective capaities is accsptablm) Attachments : EXHIBIT ~A" : EXHIBIT ’~ B" : EXHIBIT ~’ C" : EXHIBIT ~ D" : SCOP~ OF PROJECT & TIME SCHEDULE RATE SCMEDOLE INsuRANCE NONDISC~IMZNATION,COMPLIANCZ FORM COUNTY OF Notary public in and for said County and State, personall~ satisfactory .evidence to be the person~s@ whose n~me~e~ is/.~ subscribed to the within instrument and acknowledged to me tha~ he/s~ executed the same in his/h~ authoriz?@ capaci~y(q~J’, and that by his/h~ s~gga?sre(.~L~L ~ instrument the person(~, or the entity upon penal= oz wn~n ~n~ person(~acted, executed the instrument. WITN~.SS my hand and official seal. ~uuimmwmiiumnmm~aVmwmmlm@mmnmi~mmunmm-~,~" - 010514 ! 00$/RWO/DE~Ar~h~:~16 MAY. 16.2001 1:54PM D.E.S.i~" ~’ (Civil Code ~ 1189) On /~ ~F _,. 2001, before me, 5be undersigned, Notary Public in and. for said County and State, personall$ per, s~lly ~:~3~n ~’ m~ or proved to me on the basis of satlsfaotory evidence to be the person~ whose n~me(~ subscribed.to the withim instrumen~ and acknowledged to me tha~ he/~ executed the same in his/~ capacity(~, a~d ~hat. by hls/~ signature(~ on th instr~ent ~he person(~, or the entity upon behalf person~ acted, executed the instrument. W~TNESS my hand and official seal. 17 EXHIBIT A: SCOPE OF PROJECT PROJECT TITLE: DESIGN,SERVICES FOR IMPROVEMENTS TO THREE BAYLANDS PARKING LOTS AND WIDENING OF HARBOR ROAD Reference DES Job No. P9255.01, Design Services for Improvements to Three Baylands Parking Lots and Widening of Harbor Road, dated March 6, 2001 PREAMBLE The City authorizes construction design services for improvements to three Baylands parking lots including Byxbee Park Lot, Harbor Point Lot and the Interpretive Center Lot, and the widening of Harbor Road, including installation of an automatic gate, herein described and as detailed in the proposal from DES, Inc., dated March 6, 2001. I.I PRELIMINARY INVESTIGATION Consultant agrees to provide the following detailed services: Following the Notice to Proceed, Consultant agrees to attend an initiation meeting with City staff to define communication protocol, design standards and anticipated de!iverables, to establish the schedule, and to clarify and confirm basic assumptions relating to the project. In conjunction with this meeting, Consultant and City Staff shall together conduct a field review of the project area. Consultant agrees to prepare and submit to the City’s Project Manager a topographic survey of the project area including the Byxbee Park Lot, Interpretive Center Lot, Harbor Point Lot, and approximately 1,700 I.f. of Harbor Road. The topographic survey shall depict all relevant spot elevations and surface features required, for design purposes such as existing pavement edges, curbs, gutters, utilities, bollards, trees, shrubs and Other natural features. Graphic representation of the survey shall be at a scale of 1" = 20’ with a 1-foot contour interval, or at another scale .agreeable to the City. Consultant agrees to perform geotechnical site reconnaissance as necessary to adequately determine existlng conditions, including but not limited to hand- sampling of aggregate base at the Byxbee and Harbor Point lots and of soil subgrade at each of the four project sites, and R-value testing and plasticity testing as described in the proposal dated March 6, 2001. 1.2 PRELIMINARY DESIGN Consultant agrees to provide the following detailed services: 1.2 a)Prepare and submit in writing to the-City’s Project Manager Pre!iminary (10%) Plans for the improvements to the Byxbee Park, Interpretive Center and Harbor Point Parking Lots, and for the widening of Harbor Road including but not limited to Cover Sheet, Existing Conditions and Demolition, Layout, Electrical as needed for the proposed automatic entrance gate, Grading and Drainage, Storm Water Pollution Prevention and Construction Details. A separate and complete set of plans shall be prepared for each project site. Consultant’s drafting work will be performed using Autocad Version 14.0 in a format agreeable to the City. 1.2.b)Prepare and. submit in writing to the City’s Project Manager Preliminary Technical Specifications for the work. 1.2.c) 1.2.d) Provide Technical / Product Information on methods and materials included in their design as necessary for City review. Prepare and submit in writing to the City’s Project Manager a Preliminary Engineers’ Cost Estimate with separate itemized unit cost breakdowns for each project site. 1.2.e)Prepare and submit in writing to the City’s Project Manager Storm Drainage Calculations to quantify surface run-off from the three parking lots and Harbor Road. 1.2.f) 1.2.g) Prepare and submit in writing to the City a geotechnical summary report. Prepare and submit in writing to the City earthwork, grading, and pavement section recommendations. .I.2.h)Attend, as necessary during the course of the project, meetings with the San Francisco Bay Conservation and Development Commission (BCDC), the Army Corps of Engineers, and State Fish & Game to review and coordinate the design efforts with respect to satisfaction of permitting requirements of each agency. 1.2.j) Consultant further agrees to attend, if necessary during the course of the project, one (1) meeting with the City of Palo Alto Planning Commission and one (1) meeting with the City’s Architectural Review Board. Submit five (5) copies each of .the Preliminary Plans, Storm Drainage Calculations, Specifications, and Engineers’ Cost Estimates to the City’s Project Manager for .review and comment by the City. 1.3 CONSTRUCTION DOCUMENTS Consultant agrees to provide the following detailed services: 1.3.a)Prepare and submit in writing to the City’s Project Manager 50% and 100% Plans for the improvements to the Byxbee Park, Interpretive Center and Harbor Point Parking Lots; and for the widening of Harbor Road including but not limited to Cover Sheet, Existing Conditions and Demolition, Layout, Electrical as needed for the proposed automatic entrance gate, Grading and Drainage, Storm Water Pollution Prevention .and Construction Details. A separate and complete set of plans shall be prepared for each project site. Consultant’s drafting work will be performed using AutoCAD Version 14.0 in a format agreeable to the City. 1.3.b)Prepare and submit in writing to the City’s Project Manager 50% and 100% Engineers’ Cost Estimates with separate itemized unit cost breakdowns for each project site. 1.3.c)Prepare and submit in writing to the City’s Project Manager Final Storm Drainage Calculations to quantify surface run-off for each project site. 1.3.d)Consultant agrees to submit five (5) copies each of the 50% and 100% Plans, Storm. Drainage Calculations, Specifications and Engineers’ Cost Estimates to City of Palo Alto engineering staff for review and comment. 1.3.e)Prepare and submit in writing Final Bid Document Set to include Final Specifications and a separate Plan Set On heavy vellum for each project site with Engineer’s stamp and signature, and Final Engineer’s Cost Estimates. Consultant’s drafting work will be performed using Autocad Version 14.0 in a format agreeal~le to the City, and the electronic files for each Plan Set and the base topographic survey information shall be provided to City on a’ writable CD. 1.4 BID ASSISTANCE (HARBOR POINT and BYXBEE PARK LOTS) Consultant agrees to provide the following detailed services: 1.4.a)Prepare an itemized bid Schedule. 1.4.b)Attend pre-bid meeting if required. 1.4.c) ’Prepare answers to questions from potential bidders, Design Clarifications and Addenda for distribution by the City as required. 1.5 CONSTRUCTION ADMINISTRATION (HARBOR POINT and BYXBEE LOTS) Consultant agrees to provide the following detailed services: 1.5.a)Oversee daily construction activities; spend two (2) hours per day on-site (assumes 20 days of construction). 1.5.b)Provide supervision and. oversight of layout of improvements, geotechnical testing and soils and pavement compaction and testing. 1.5.c)Prepare and deliver to the City’s Project. Manager ~ written report summarizing observation and testing results. 1.5.d)Prepare responses to Contractor Requests for Information and Clarification as needed. 1.5.e)Review Contractor progress and recommend payments. 1.5.f)Review Contractor Requests for Change Order and prepare Construction Change Orders for City signature. 1.5.g)Prepare "Punch List" at completion of construction activities. ¯ 1.6 REIMBURSABLES Consultant expenses for printing, copying of plans and specifications, travel, postage, overnight delivery, presentation materials and other such items will be .reimbursed at cost plus five percent. II. DELIVERABLES I1.1 Preliminary Investigation Phase 3 copies of topographic survey Hard copy of geotechnical consultant’s report of findings and recommendations 11.2 Preliminary Design Phase 11.2.a) 11.2.b) 11.2.c) 11.2.d) 3 sets of preliminary drainage calculations 5 sets of preliminary cost estimates 5 sets Of preliminary (10%) construction plans 5 sets of preliminary construction specifications 11.3 11.3.a) 11.3.b) 11.3.c) 11.3.d) 11.3.e) Construction Documents Phase 5 draft sets of plans, specifications and cost estimates at 50% completion stage 5 draft sets of plans, specifications and cost estimates at 100% completion stage 1 set of stamped and signed approved final construction drawings on heavyweight vellum for each project site 1 copy of stamped and signed approved technical specifications 1 copy of approved final construction documents on writable CD 11.4 11.4.a) 11.4.b) Bid Assistance Phase Itemized bid sehedule in hard copy and electronic format Written addenda as needed in hard copy and electronic format 11.5 11.5.a) 11.5.b) 11.5.d) 11.5.e) Construction Administration Phase Hard copies of site observation visits Hard copies and electronic format, of all project RFI’s Hard copies and electronic format of all project change orders Hard copy of geotechnical consultant’s summary report for observation and testing services Hard copy of punch list III. ASSUMPTIONS The City of Palo Alto will provide any and all necessary pul~lic notification and public outreach required for this project. The City of Palo Alto shall be responsible for the payment of all plan check and permitting fees required for this project. The Consultant shall be responsible for satisfaction of all permitting requirements of outside agencies. Any and all additions to the agreement will be made in writing by mutual agreement and added to this scope of work. No other work is authorized. 6 EXHIBIT B: RATE SCHEDULE PROJECT TITLE: DESIGN SERVICES FOR IMPROVEMENTS TO THREE BAYLANDS PARKING LOTS AND WIDENING OF HARBOR ROAD MAXIMUM COMPENSATION FOR EACH PHASE: PRELIMINARY INVESTIGATION PRELIMINARY DESIGN CONSTRUCTION DOCUMENTS BID PHASE (HARBOR POINT LOT) CONSTRUCTION ADMINISTRATION(HARBOR POINT LOT) REIMBURSABLES* $13,830 22,148 34,821 3,339 15,648 1,000 (BUDGET) TOTAL $90,786 *Consultant expenses for printing, copying of plans and specifications, travel, postage, overnight delivery, presentation materials and other such items will be reimbursed at a rate of cost plus five percent. ,MAYI11.2001 ~:~4PM D.E.S.M0.~57 P.2/S SCHEDULE OF CHARGES, TERMS AND CONDITIONS SCHEDULE OF CHARGES Sr Project Al"Cllix~t/Designer/l~n~ineor Staff Ee~ksee~lSmior Dcaign Technician/Drafter Te~.b~.ic~l St~p~r~ $115 $7S-$80 Retflabut~abl~ Charges Th~ followlng ~Ges ~e ks ~idkinn to penionnel Automobile chett3ea per mile beyond 30 mlte~$0,35Pri~ng and ROl~rOdunfivn, per Xerox opi~ Myla~ prints $21,0GS~ia p~n~$6.~ Plo~ ~ond)$1.~ Color P~n~ (11 X I D $6,~~i~I ~d~. (24" X 36~$1~0,00 The r~es shown on the ech~uh of oh~ge~ are ~ewed e~h J~ ~nd ~ly ~r~e~ ~o ell proJ~, ~olu~ ~ose ~.~.i~ ~m ~e p~Vj~U~ sabine, provided u~e ~ TERMS AND CONDITIONS Ohnrses: Services performed on ~ ~m¢-~nd-r~p~u~ ba.i~ ~ be ~g~ in accor~mce With D~ ~ + ~gme~ cu~ent 8chemic of Ch~. If a~hod~ inadvice by t~e CHen~ C~¢nc W~ be charged ~xpon~ ~r ~or~m¢ wook ~o~ed ~d~ I~p ~m ~ ~ ~ ~h~d ~t the ~ l~p ~. T~e of ~ ~e ~s~e Of ~ific ~mgem~ to ~o ~n~, mayfly ~{em~ W~I ~ s~b~ S~ch g~ W~l ~ ~e and pa~abl¢ when re,~ To b~ ~y~ of ~o billing ~t¢. A ~¢~ca ~arg~ cq~ ~ one a~d one h~ p~oent w~eb ~ ~d ~r mo~ ~ ~ (30) dWs horn ~ e~cn~ ~. If~mi| i~ iva6tutod to ~lle~t a~y st~a d~ ~ e~ ~ lhb~ ~ ~ sums ~ ~e ~ ~y adjud~ ~onable f~r a~moy’s ~ and oth~ ~m of ~ s~t It h ~p~ ~ ~ v~ for ~y such ~k s~ ~, s~ Se dh~ of ¯ e Co~ ofS~ ~, ~ ofC~ifomh, DE~ ~hi~ ¯ ~u~ may ~i~ opf!~ ~ho~ d~v~ of pk~ md oth~ de~ p~ ~pt of pa~l~t ~l~a of DES Arahi~eota ÷ Bnginem eowices, Ol~ Arohlt~e~ + ~n~m wh¢~ ~e ~mo~t eh~g~ sh~ no~ ~ceod a ~teod m~um if so Scope and Execution of The Ciiem will make information reg~ding site conditions and building requirements and wil! immedia~ly tna~mit any n~ h£otmafloa which beeome~ owilable. D~$ Acehite~ta "t" Engineer~ will be entided to r~ly upon ;he ~curaoy ~nd. oompletenete of all ~eh inibrmati~ so DES Arohi~cts ~- ~n~ino~m shell not be re~pontible fm ~-aeral et!’ety on the job ~hi*~ + ~n ~ noz be held mS~ble ~r ~ela~ ~ioned by ~mn beyond i~ ~n~l, nor by fsota~ whi~ eo~ noc ~ ~ebly ~e~ If~ C~m~ is a o~nfion, ~e hdMd~l m indMd~ls who ~n~ ~tb D~ ~te + Bng~e~ on beh~ of ~be Oli~t wan~t ~ ~ey a~ ~u~o~ ~n~ of~ Oli~t ~d ~ e~we~ m ~o Lim[l~fl#. of Liablll~: CL~ and D~S A~ito~ + ~, the CLIE~ Ii~billW of DES ~obit~ + ~ngln~s. nfld I~ n~n~a, ~plo~e~ ~d $~0,000.00 ~ t~e ~ f~ fo~ ~e ~c~ r~d~d on t~ ~at~. ~ CLIB~ ~dher a~ee~ ta r~ of ~e eUbcon~omrs an id~dc~ limit~on of ~e DES ~teeta + pmf~alo~ ae~, ~o~s, or o~ssio~. Nei~er ~ CLIE~ nor the oon~r ~y ~e on eccount of ~e p~fessiou~ ~, ~re, or omie~i~ of D~ fi~hi~ + En~e~. ~xp~se of ad~ ~ce cov~e or li~momd~g profonional ]i~b~i~ ~ce, ~Ue~ by the CLIE~ ~ excess of Hazardous WasteIc is gadentood and ~t~ ~d~ ~ ~ble obli~on~or potenf!~ pre~ce ofh~ous ~b~mc~, ~e~fo~, f~ any way to ~td~ ~ubsl~noes, ~ e~ fo~ whoever, ~ d~n~ by the En~nmm~l~ld hn~ees, ~o~i~, ~nd dofc.d ~z~ it~ ~tm~, agars ~d empksy~s. ~om ~d ~a~ ~ ~d a~ claims, loseos. ~, ~ahfliW, ~d ~, indu~n¢, b~ not ~d ~ ~o~le a~y’s fees, ~sin6 ogt of or ~s~ting ~m ~e pcffo~c¢ of WoA by ~e ~1~, or i~ co.ultraS, rc~d ~ ~ Way m~lt ~f fiud~g ~ e court o£~¢~zj~dio~on of sole ne~n~ or ~ll~ ~nd~ on tho A~eng Eff¢~ive 01/01/~001 - 06130/2001 MAY.II.2001 3:35PM D.E.S,M0.~57 P~3/6 Schedule of Hourly Fee Rates Through January .ql, 2002 Senior Principal Engineer or Geologist Principal Engineer or Geologist Senior Projec~ Enginear or Geologist Project ~eer or Geologist Project Industrial Hygienist Senior Staff Engineer or Gcologlst Staff Engineer or Geologist Supervisory Technician Engineering Technician Dispatcher/Lab Technician Techrfical IIlu~trator Technical Assistarit Administrative Clerk 6187.00 $164.00 $147.00 $138.00 $138.00 $119.oo $I08,00 699.00 687,oo $87.00 $73.00 673,00 $69.00 Geot©ctm!cal Equipment Field Vehicle hou~ Laboratory Equipment hour Nuclear Moistm’c-Density Gauge test 86.00 par 11.50 per 6.50 per Charges for employee, s will be made In accordance with the Schedule of Hourly Fee Rates. Theec rates are subJe~.t to ~hange in February 2002. For other than profes~|orml employees. time ~pent over 8 hours per day and on Saturdays will be charged at 1,5 times the hourly bllKug rate. Work oI~ Sunday will be cha~ged at 2.0 times the h~urly bfllfug rate, and holiday work will be cha~ged at 2.5 times the hourly billing rate, All field personn~ charges are porte[ to portal. Premium charges are not made for overtime work by professional employees. Services performed under fixed fee contracts will be charged at the agreed fixed f~. For ttm~ MAY. i 1.28~1 3: 35PM D.F.S.~0. 357 P. 4/6 and m~t~els ~oum~ts, exp~nses and other slmllax project-related oo~te ~r~ bt~l ~t cos~ plus 18.5 peroenL Payment fa~ Work and expenses shall be due and payable upon receipt of Lowney’s statement. To be recognized, any dispute over el~zges midst be claimed in writing within thirty {30) days of the b~ir~g date. D~spute~ or questions about a statement ~ not be cause for withholding payment for remaining portions due, Amounts unpaid thirty (30) days after the isSUe d~te of Lov~e~s statement ~hal~ be assessed a service charge of one (1) percent per month on balances outstaudmg to compensate Lowney for the cost and burden of adm~stering the account and collecttug f~es ovid. MAY.11.~001.. 3:35PM BD....,E.~..]M~iULT t-Mp,6~O-B?~ -0~0.357 P.5/6 p, ~= BWF CONSULTING ENGINEERS Hourly Rates Effective January 1, 2001 Pdncipals $140 per hour I~lgirteers $90 to $130 " " Designers $75 to $100 ’ " CAD O!~ators $,55 to $ 80 ’ " Oledcal $60 to $ 80 " " These rates are based upon a billing mull~plier o1: 3.125 times the employee’s direct hourly rate of pay. Principal It’ne is bnlecl at $140/hour. RECEIVED TIME MAY, 11, 9:59AM PRINT TIME MAY, If. IO;OOAM MAY. II.e001 3:°36PM D.E.S.N0.857 P.6/6 John T..Seace. Inc. cram ~m~i~ ~ SUi~ORS 218 Ocean S~re,~t Santa Cntz, Ca, 95060 (831) 421-0704 Fax (831) 466-0517 Schedule of Hourly Ram l~ees Two Man Survey Crew: Office Support : 142.00 per hour 80.00 per hour MAY, 16.2001 i: SSPM D.E.S.MO. ~27 P. 7/’ PART II- INSURANCE REQUIREMENTS ....,,FORM ! I,CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM AGREEMENT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED AFFORDED BY COMPANIE=i WITH A BEB"r’8 KI~’Y RA"I1NG OF A:VII,OR NIGHER,LIb"~NSED 1’0 TR~ INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. A, WA_ R.P ~S co~mNoeNT ON OMPUA. NCe, ~ REQUIRED TYPE OF COVERAGE y~.,:=WORKER’6 P-.,OMPENSA’~I’OI~ .....~TATU’~R’~ ~AUTOMOBILE UABILIIT’y STATUTORY YES COMPREHENelVE GENERALLIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LE(M4. LIABILITY YES COMPRI~HENSlVE AUTOMOBII, ELIA.81~JI~f, INCI.,UDIN(~p OWNED, HIRED, NON,OWNED PROFESSIONAL LIABILITY,INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHENAPPUGABI.E), AND N~GLIGENT OF THE ~ELOW, ~NSAGT YES r crl’Y,S IN .S..U..,.RANCE REQUIREMENTS, AS SPECIFIEDw BELOW: ~ MINIMUM LIMITS REQUIREMENT ’EACH AGGREGATEOCCURRENCE BO~I-I~Y INJUl~y ...........$1,0oo,ooo $.1 ~oo,ooo PROPERTY DAMAGE 61 BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1, ~O0,OOO COMBINED. BODILY II~1URY $t,0Q~’,000 $1, EACH PERSON $1,000,000 Sl. )00,000¯E.ACH OC(~RRENCE $t.000.000 $1,. X~O~O PROPERTY DAMAGE $1,000,000 $’f,~ IO0,O00 BODILY INJURY AND PROPERTY DAMAGE~ COMBINED $1,000,000 $1,~ W}O, OO0 ALL DA~..AGES $I.0Oo,000 THE CITY OF PALO ALTO 18 TO BE NAMED AS AN ADDr’FIONAL INSURED, PROPOSER., AT IT~ SOLE C08T AND EXt SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT ’rHROUGHOUT THE ENTIRE ’TERM OF ANY RESLJ.AGREEMENT,. THE INSUp.A.NCE P..OVERA(~E HEREIN DE.SCRIBED, INSURING ,NOT ONLY PROPOSER AN SUBCONTRACTORS, IF ANY, BUT ALSO, WITH THE EXC~Fq’!ON OF WORKER.~’ COMPENSATION, EMPLOYER’S U,= AND PROFESSIONAL INSURANCE, NAMING AS .ADDITIONAl.; INSURED$ CITY. ITS P-X)UNClI. MEMBER,q, OFE AGENTS, AND EMPLOYEES. INSURANCE COVERAGE MUST INO_LUDE: A PROVISION FOR A WRI"I’!’EN THIRTY-DAY ADVANCE. NOTICE TO CITY OF CHANGE IN COVERAGE COVERAGE CANCELLATION: AND A CONTRAOTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR AGREEMENT TO INDEMNIFy CITY, ~ ’ENSE,LTANT DBILITY CERS, OR OF SUBMFT CERTIFICATI’:(S) OF IN~.IRANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTIC N AND IV THROUGH VI, BELOW, NAME AND ADDRE,~S OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER): B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER: C.POLICY NUMBER(S): ~ITY OF PALO ALTO RFP NO, 131960 -= PAGE 1 OF = MAY. i6.2001 i : 56PM D.E.S. PA~T II- INSURANCE REQUIR-~MENT6 D, DEDUt3TI~II.E AMOUNT(S) (DEDU~I’IBLE AMOUNTS IN APPROVAL): III. IV, Me. 42~ P. u/ FORM EXCESS 0F SE,000 I~EQUIR~ CITES’ AWARD IS CONTINGENT UpON COMPLIANCE WITH CITYPS INSURANCE REQUIREMI~NTS, AND PROF SUBMITTAL OF CERTIFICATES OFINSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SP HEREIN. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS’ Am WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED tNSURED, INSUI@AFFORDED aY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING Wl OTHER INSURANCE CARRIED .BY OR FOR THE BENEFIT, OF THE ADDITIONAL INSUREDS, THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST A~ BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS SHALL NOT INCREASE TH! LIABILIT~ OF THE COMPANY UNDER THIS POLICY. C.NOTICE,OF CANCELLATION 1.IF THE PoLIcY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER T~ NON.PAYMENT OF PREMIUM, THE I~UlNG COMPANY SHALL PROVIDE CITY AT LEAST ~ (30) DAY WRn’rEN NOTICE BEFORE THE EFFECTIVE.DATE OF CANCELLATION.. 2,IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYM PREMIUM, THE ISSUING COMPANY SHALL PROV1DE CITY AT LEAST A TEN (10) DAY NOTI.GE BEFORE THE EFFECTIVE DATE OF CANCELLATION. PROPOSER CERTIFIES THAT PROpOSER’S INSURANCE COVERAGE MEETS THE ABO~E REQUIREMENTS: THE INFORMATION HERI~IN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S} MUST B SIGNATURE(S) AS APPEAR(S) ON SECTION 3O0A. Firm: Signature: Name; Signature: Name= ~"-,,~,’.~. . ~ _ . (Print =" type NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALe ALTO P,O. BOX 10251}¯PALe ALTO, CA 94303. Cl~f OF PALe ALTO RFP I~, 13i.80 PAGE 20 PRIC;: OSER’S ECIFIED NGE A~rH ANY POLICY OTHER, TOTAL ~1 THE. THIRTY SAME --.------MAY. 16. 2001--- 1 : SSPI~D. E. S. ~ ; .... ~10.CERTIFICATE OF LIABILITY INSURANCE ~upu~R Dealey, Renton & Assocla~es P. O. BOX 12675 Oakland, CA, 94604-2675 510 465-3090 David Eckman IN=UREDDES Architea~s + Engineers 399 Bradford Street Redwood City, cA 94063 THIS ~iEHTiFICATE IS’iSSUED A~ A MAI .=R OF INONLY AND CONFERS NO RIGHT~ UPON THE C~ HOI.I~ER, THI~ GEflTiFICATE DOES NOT AMENDs!ALTER THE Cq.V, ERAGE AFFORD_Ell BY THE POUCII INSURERS AFFORI~ING COVERAPJ= I.,oloi FUR~TlUN mTIF1P-.A’I~~D OR~s. ,.m..ow, 7RS66305000 A LU’mMplall,,e ANY AUTO ALL OWNED AUTO6 ~HEDULED AUTOB ~ NON-OWNEDAUTO~ 7RS66305000 ANY AUTO A EX~Es8 LIAB)UTY ,7 RS 663 b 5000 A WoRKER~COMPIIN~,TION ANDEMPI.OYBR~’ I.IA IIU’rY 06/27/00 06/27/01 EA~O¢OUP, R|N,I~ $1~000,000 FIRe .~MpqE~AnY~I rl~eJ 150 O, 000, ~epe~(Any~n*~on) sl(’e 000 ~RIONAL~ADVINQURY ell 000,000 ~ODUOTS~OMp!opA~ S~ 000,_0~ 06/27/00 06/27/01 OOM~!HIZI~.,=INIZLI~.IMIT !1 0001000 nO~ LYINJUR~; p~" pwman) I nudity INJURY os/oz/oo oe/6z/oz x R,I.,liAOH AOOIPIENT !1 000,000" ’ I~,,L.,plaEA~-BAB.4~OY!~/ ~i~ 000 fO00 E,L.DISEA~E-POLICYLIMI1 ~I 0001.0_00 03/31/01 03/31/02 $2~000,000 per $2,000~000 AnnL 7CW23527311 o~Professional AEE0700913 Liability DESP.,RIPTION OF OF~-RA’rlONSlLOOATION9IV~HIOI.~DIB’IDkUBIDN6 AD DE D BY I~N pQRSEMENTI~P~~- ~ovlmoNS ALL OPERATIONS OF ~ ~AM~D INSURED, MAY. 16.2001 .I:54PM D.E.S.M0.42~ CERTIFICATION OF ~ONDISCRIMINATIbN, Certification of Nondiscrimination; As s~ppliers of goods or sewloes to the City of Polo Alto, the firm end Individuals listed below Certify that they do not dls.c.rlminate in employment with regards to age, ~ace, ~lor, religion, sex,national odgin, ancestry, d~sablllty, or sexual preference; that they are In compl!an~ w.ith a!l Federal, State, and local directives and executive orders regarding nondiscrimination employment. ’ THE INFORMATION HEREIN IS OERTI’FIED OORREOT BY SIGNATURE(S) BELOW, Firm; Signature: Name: Signature: Name: ~(PFtlNT OR TYPE NAME) (PRINT OR TYPE NAME) Note:California Corporations Code Section 313 requires two corporate officers to execute contracts, *The signature of First OffiGer* must be one of the following: Chairman of the Board; President: or Woe President. "*The signature of the Secend Officer** ~ be. one of the following: Secretary~ Assistant Secretary; Chief Finanda/ Officer;, or Assistant Treasurer, (In the alternative, a certified orporate resolution attesting to the signatory authority of the individuals signing In their respective capacities is acceptable) QTY OF PALO ~,LTO ’III’II160"I