HomeMy WebLinkAbout2001-11-13 City Council (14)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL 8
FROM:
DATE:
SUBJECT:
CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
NOVEMBER 13, 2001 CMR:402:01
APPROVAL OF CONTRACT IN THE AMOUNT OF $90,000 WITH
GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING INC.
FOR PROFESSIONAL SERVICES TO CONDUCT A SITE
FEASIBILITY STUDY OF THE LAND OCCUPIED BY THE
MITCHELL PARK LIBRARY AND COMMUNITY CENTER
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the attached contract with Group 4
Architecture, Research and Planning Inc. (Group 4) in the amount of $90,000 to
conduct a site feasibility study of the area occupied by the Mitchell Park Library
and Community Center.
2.Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Group 4 for related, additional but unforeseen
work, which may develop during this site feasibility phase of the project, the total
value of which shall not exceed $9,000.
DISCUSSION
Pr0iect Description
This project will explore, with City staff and the community, a broad range of facility,
programmatic and cost options for expanded library and recreation functions at Mitchell
Park. The study will develop site alternatives that include, but are not limited to:
¯Replacement of the existing buildings with one new building, which houses both
programs and provides for shared use of space where practical.
¯Renovation and expansion of both buildings, potentially linking them with new
construction.
¯Replacement of the library or replacement of both library and community center
with new structures.
CMR: 402:01 Page 1 of 4
The study will also examine parking, circulation, and pedestrian and bicycle safety access
on the site. Sustainability and green building options will also be considered.
This study will advance through a rigorous public process that will include at least two
community input meetings, no less than two meetings with each pertinent City board and
commission, and a Council meeting that will seek approval of a recommended site
option. Steering this project is the Mitchell Park Site Committee which is comprised of
representatives from:
¯Library Advisory Commission
¯Park and Recreation Commission
¯Users of the facilities
¯PAUSD libraries
¯Art Center Foundation
¯Youth Advisory Committee
¯City staff, including representatives from Community Services, Public Works, and
Planning and Transportation Departments.
The committee’s charge is to set agendas for public meetings, provide guidance and
information to Group 4 as required, and to keep the project on schedule.
The scope of the professional services to be provided under this contract agreement are
the following:
Prepare a site analysis that will identify the opportunities and constraints of the
site.
Develop a broad range of conceptual programmatic and site alternatives using
public input and information derived from the New Library Plan and completed
programmatic spatial studies of the Mitchell Park Library and the Community
Center.
3. Develop final site options. Again, through public and board and commission
input, the consultant will reduce the number of options to be studied and prepare a
draft recommendation for building and parking options, project cost, schedule and
site development options.
4. Develop and submit a final report that will provide for an executive summary,
study methodology, project goals including green architecture, site analysis,
summary and cost estimates for all final options, and a final recommendation.
Selection Process
On July 13, 2001, staff sent a request for qualifications (RFQ) to architecture and
CMR: 402:01 Page 2 of 4
planning firms from around the country. The qualifications period was 28 days.
Seventeen firms submitted qualifications. The Project Site Committee reviewed all
qualifications and selected the four most qualified companies to submit full proposals
(RFP).
A pre-proposal meeting was held on August 27, 2001 at the Mitchell Park site. All four
selected firms participated in the meeting. All proposals were received by the closing
date of September 12, 2001. The Project Site Committee held interviews, with each of
the candidates, on September 17, 2001. Using evaluation criteria, which included
experience in library design, recreation facility design, public process, building
sustainability, and quality and creativeness of the RFP submittal, the committee
unanimously selected Group 4 as the best qualified for the project. Staff opened contract
negotiations with Group 4 on September 24 and completed negotiations on September
27.
RESOURCE IMPACT
Funding for this project is available in the fiscal year 2001-02 Community Services
General Fund budget. Staff resources have been delegated towards this project and no
additional resources are required at this time.
POLICY IMPLICATIONS
The award of this contract does not represent any change to existing City policies.
TIMELINE
The site feasibility phase of this project will commence at contract signing and is
expected to end in March 2002. Once the site feasibility study is complete, the
conceptual design process must be implemented in order to accurately establish costs for
the f’mal project. At the sole discretion of the City Manager, should Group 4 Inc.’s site
feasibility work be satisfactory, staff may amend this contract to develop conceptual
designs and construction drawings for the project.
ENVIRONMENTAL REVIEW
This phase of the project is categorically exempt from California Environmental Quality
Act. An environmental study will be implemented should the project proceed to design
and construction phases.
ATTACHMENTS
Attachment A:Contract
CMR: 402:01 Page 3 of 4
PREPARED BY:~
RICHARD
Deputy D Community Services
DEPARTMENT HEAD:
PAUL THILTGEN
Director of Community Services
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CMR: 402:01 Page 4 of 4
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING, INC.
FOR CONSULTING SERVICES
This Contract No. is entered into ,
by and between the CITY OF PALO ALTO, a chartered city and a
municipa! corporation of the State.of California ("CITY"), and
GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING, INC., a California
corporation, located at 301 Linden Avenue, South San Francisco, CA
94080 ("CONSULTANT").
RECITALS:
WHEREAS, CITY desires certain professional consulting
services ("Services") and the preparation and delivery of, without
limitation, one or more sets of documents, drawings, maps, plans,
designs, data, calculations, surveys, specifications, schedules or
other writings ("Deliverables") (Services and Deliverables are,
collectively, the "Project"), as more fully described in Exhibit
"A"; and
WHEREAS, CITY desires to engage CONSULTANT, including its
emp!oyees, 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 wil! 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 wil! commence
work on the initia! and subsequent Project tasks in accordance with
the time schedule set forth in Exhibit "A". In the event that the
Project is not completed within the time required through any fault
of CONSULTANT, CITY’s city manager will have the option of
extending the time schedule for any period of time. This provision
will not preclude the recovery of damages for delay caused by
CONSULTANT.
//
!
011031 sm 0052855
1.2 The CONSULTANT’s services shall be performed as
expeditiously as is consistent with professional skill and care and
the orderly progress of the work. The CONSULTANT shall submit for
the CITY’s approva! a schedule for the performance of the
CONSULTANT’s services which may be adjusted as the Project
proceeds, and shal! include al!owances for periods of time required
for the CITY’s review and for the Project. Time limits established
by this schedule approved by the CITY shal! not, except for
reasonable cause, be exceeded by the CONSULTANT or CITY.
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 approva! 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 wil! be
entitled to an extension of the time schedule. Any increase in
compensation for substantia! changes wil! be determined in
accordance with the provisions of this Contract. CITY wil! not be
liable for the cost or payment of any change in work, unless the
amount of additiona! compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performance of any such change in work.
2.3 Where the Project entails the drafting and
submission of Deliverables, for example, construction plans,
drawings, and specifications, any and all errors, omissions, or
ambiguities in the Deliverables, which are discovered by CITY
before invitations to bid on a construction project (for which the
Deliverables are required) are distributed by CITY, will be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
2.4 Any and all errors, omissions, or ambiguities in the
Deliverables, which are discovered by CITY after the construction
contract is awarded by CITY, wil! be performed by CONSULTANT, as
follows: (a) at no cost to CITY insofar as those Services,
including the Basic Services or the Additional Services, as
described be!ow, ~r 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,
011031 sm 0052855
2
including the Basic Services or the Additional Services, or both,
wil! add a direct and substantia! benefit to the construction work
required of the construction contractor. The project manager in
the reasonable exercise of his or her discretion wi!l determine
whether the Basic Services or the Additional Services, or both,
will contribute minor or substantial benefit to the construction
work.
SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF
CONSULTANT
3.1 CONSULTANT represents thatit has the expertise and
professional qualifications to furnish or cause to be furnished the
Services and Deliverables. CONSULTANT further represents that the
project director and every individua!, including any consultant (or
contractors), charged with the performance of the Services are duly
licensed or certified by the State of. California, to the extent
such licensing or certification is required by law to perform the
Services, and that the Project will be executed by them or under
their supervision. CONSULTANT wil! furnish to CITY for approval,
prior to execution of this Contract, a list of al! individuals and
the names of their emp!oyers or principals to be employed as
consultants.
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Project.
3.3 CONSULTANT will assign Wayne Gehrke as the project
director to have supervisory responsibility for the performance,
progress, and execution of the Project. Dawn Merkes 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 wil! be subject to the prior written
approval of the project manager.
3.4 CONSULTANT represents and warrants that it will use
professional care to:
3.4.1 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
011031 sm 0052855
3.4.2 At all times observe and comply with, and cause
its employees and consultants, if any, who are assigned to the
performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
3.4.3 Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the Deliverables.
3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
become the property of CITY and 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 copies of any
documents which are a part of the Deliverables upon their
completion and acceptance by CITY and in accordance with Exhibit
3.7 If CITY requests additional copies of any documents
which are a part of the Deliverables, CONSULTANT wil! provide such
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging al! persons necessary to execute the Project. Al!
consultants of CONSULTANTwill be deemed to be directly controlled
and supervised by CONSULTANT, which wil! be responsible for their
performance. If any emp!oyee or consultant of CONSULTANT fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
emp!oyee or consultant 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 al! times be considered independent
contractors and not agents or employees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the fol!owing Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
011031 sm 0052855
3.10.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.10.2 Incurring travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be agreed upon by the parties subsequent to the execution of
this Contract; and
3.10.4 Other Additional Services now or hereafter
described in Exhibit "A" to this Contract.
3.11 CONSULTANT will be responsible for employing
al! 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 ’~’ 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 De!iverables and each phase of work performed by
CONSULTANT. CITY’s estimated time of review and approva! will be
furnished to CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish the time of each review and approval task. CITY’s
failure to review and approve within the estimated time schedule
will not constitute a default under this Contract.
4.3 The city manager will represent CITY for all
purposes under this Contract. Richard James is designated as the
project manager for the city manager. The project manager wil!
supervise the performance, progress, and execution of the Project,
and will be assisted by Mary Jo Levy, the Director of Libraries.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT, CITY wil! use reasonable-
011031 sm 0052855
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 in accordance with Exhibit "B".
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 Eighty Six Thousand
Dollars for services and Four Thousand Dollars for expenses for a
total not to exceed Ninety Thousand Dollars ($90,000). The amount
of compensation will be calculated in accordance with the hourly
rate schedule set ~forth in Exhibit "B", on a time and materials
basis, up to the maximum amount set forth in this Section. The
fees of the consultants, who have direct contractual relationships
with CONSULTANT, will be approved, in advance, by CITY. CITY
reserves the right to refuse payment of such fees, if such prior
approval is not obtained by CONSULTANT.
5.1.2 In consideration of the full performance of
Additional Services, the amount of compensation set forth in
Exhibit "B" will not exceed Ten Thousand Dollars ($I0,000).
5.1.3 The full payment of charges for extra work or
changes, or both, in the execution of the Project wil! be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the project manager. Payment will be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties wil! agree upon an estimated maximum cost for
such extra work or changes. CONSULTANT will not be paid for extra
work or changes, including, without limitation, any design work or
change order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
5.1.4 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work of architects, engineers, designers, job captains, surveyors,
draftspersons, specification writers and typists, in consultation,
research and design, work in producing drawings, specifications and
other documents pertaining to the Project, and in services rendered
during construction at the site, to the extent such services are
expressly contemplated under this Contract. Included in the cost
of direct personnel expense of these emp!oyees are salaries and
mandatory and customary benefits such as statutory employee
6
011031 sm 0052855
benefits, insurance, sick leave, holidays and vacations, pensions
and similar benefits.
5.2 The schedule of payments will be made as follows:
5.2.1 Payment of the Basic Services will be made in
monthly progress payments in proportion to the quantum of services
performed, or in accordance with any other schedule of payment
mutually agreed upon by the parties, as set forth in Exhibit "B",
or within thirty (30) days of submission, in triplicate, of such
requests if a schedule of payment is not specified. Fina! payment
will be made by CITY after CONSULTANT has submitted al!
Deliverables, including, without limitation, reports which have
been approved by the project manager.
5.2.2 Payment of the Additional Services will be
made in monthly progress payments for services rendered, within
thirty (30) days of submission, in triplicate, of such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments to genera! contractors.
SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the Project will be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and wil! be made available
to CITY for auditing purposes at mutually 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 wil! become the property of CITY irrespective of whether
the Project is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. These originals 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.
CITY wil! fully indemnify and hold harmless Group 4 Architecture
Research and Planning, Inc. and its officers, employees and
consultants for the CITY reuse of the documents.
7011031 sm 0052855
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 pe.rson, property damage or
any other !oss, to the extent 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 liability on CONSULTANT
in the negligent 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 or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder wil!
not be deemed to be a waiver of any preceding breach or violation
by the other party of any covenant, term, condition or provision of
this Contract or of any applicable law or ordinance.
8.2 No payment, partial payment, acceptance, or partial
acceptance by CITY wil! operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION 9. INSURANCE
9.1 CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full 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 professiona! liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:VII or higher which are admitted to transact insurance business
in the State of California. Any and all consultants of CONSULTANT
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
8
011031 sm 0052855
Contract, insurance coverage, naming CITY as an additional insured
under such policies as required above.
9.3 Certificates of such insurance, preferably on the
forms provided by CITY, wil! 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 by the insurer except after filing with the CITY’s
city clerk thirty (30) days prior written notice of such
cancellation, and that the City of Palo Alto is named as an
additional insured except in policies of workers’ compensation,
emp!oyer’s liability, and professional liability insurance. Current
certificates of such insurance wil! be kept on file at al! times
during the term of this Contract with the city clerk.
9.4 The procuring of such required policy or policies
of insurance wil! not be construed to limit CONSULTANT’s liability
hereunder nor to fulfil! the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the ful! and total amount of any
damage, injury, or loss caused to the extent caused by or directly
arising as a result of Services negligently performed under this
Contract, including such damage, injury, or loss arising after the
Contract is terminated or the term has expired.
SECTION. 10. 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 wil! comply with such provisions, as applicable, before
commencing 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 wil! immediately discontinue its
performance under this Contract.
9O11031 sm 0052855
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
substantia! failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Project.
11.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
Additiona! Services performed and Deliverab!es 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, approva! of CITY’s City Counci!. If this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
11.4 In the event of termination of this Contract or
suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as fol!ows:
11.4.1 For approved items of services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this 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 tota! fee otherwise
payable for the performance of the service as the quantum of
service’actually rendered bears to the services necessary for the
full performance of that item of service.
11.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
11.5 Upon such suspension or~termination, CONSULTANT will
deliver to the city manager immediately any and all copies of the
Deliverables, whether or not completed, prepared by CONSULTANT or
its consultants, if anY, or given to CONSULTANT or its consultants,
I0
011031 sm 0052855
if any, in connection with this Contract.
become the property of CITY.
Such materials will
11.6 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, wil! not be construed as a failure on the part
of CONSULTANT to fulfil! its obligations under this Contract.
SECTION 12. ASSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
~written consent of CITY. A consent to one assignment wil! not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approva! of CITY wil! be void and, at
the option of the city manager, this Contract may be terminated.
This Contract wil! not be assignable by operation of law.
SECTION 13.NOTICES
13.1 All notices hereunder will be given, in writing,
and mailed, postage prepaid, by certified mail, addressed as
fol!ows:
To CITY:Office of the City Clerk
City of 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 wil! not acquire any
interest, direct or indirect, financia! 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 wil! not emp!oy contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one who has or will have any financial interest
under this Contract is an officer or employee of CITY; this
ii011031sm 0052855
provision will be interpreted in accordance with the applicable
provisions of the Palo Alto Municipal Code and the Government Code
of the State of California.
SECTION 15.NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination wil! be made in the employment of persons under this
Contract because of the age, race, color, nationa! origin,
ancestry, religion, disability, sexual preference or gender of such
person. If the value of thins 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 emp!oyment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D".
15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as follows:
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with all
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,
nationa! origin, ancestry, religion,
disability, 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 provisions of Federa! law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer wil!
constitute evidence of a breach of this Contract.
//
//
12
Oll03lsm 0052855
SECTION 16.MISCELLANEOUS PROVISIONS
16.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federal Americans with
Disabilities Act of 1990, and the Government Code and the Health
and Safety Code of the State of California, relating to access to
public buildings and accommodations for disabled persons, and
relating to facilities for disabled persons. CONSULTANT wil!
comply with or ensure by its advice that compliance with such
provisions will be effected pursuant to the terms of this Contract.
16.2 Upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract may be settled
by arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.4 In the event that an action is brought, the parties
agree that trial’of such action wil! be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
16.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that action.
16.6 This document represents the entire and integrated
Contract between the parties and supersedes al! 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, wil! 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 competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
13
011031 sm0052855
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
16.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time to
time, may be referred to in any duly executed amendment hereto are
by such reference incorporated in this Contract and will be deemed
to be a part of this Contract.
16.11 This Contract may be executed in any number of
counterparts, each of which will be an origina!, but al! of which
together wil! constitute one and the same instrument.
16.12 This Contract is subject to the fiscal provisions
of the Charter ofthe 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 fol!owing 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.
SECTION 17. MEDIATION
17.1 If a dispute arises out of or related to this
Agreement, or the breach thereof, and if the said dispute cannot be
settled through direct discussions, the parties agree to first
endeavor to settle this dispute in an amicable manner by mediation
through a mutually agreed mediation service before having recourse
to arbitration or a judicial form.
//
//
-//
//
//
//
//
//
O11031. sm 0052855
14
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Ci%y Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Community Services
Risk Manager
Mayor
GROUP 4 ARCHITECTURE., RESEARCH
AND PLANNING, INC.
By:
Name:
Title:
By:
Name
Title:
Taxpayer Identification No.
Attachments :
EXHIBIT "A" :
EXHIBIT "B":
EXHIBIT "C" :
EXHIBIT "D":
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is a
dorporation. In the alternative, a
certified corporate resolution
attesting to the signatory authority
of the individuals signing in their
respective capacities is acceptable)
SCOPE OF PROJECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
15011031 sm 0052855
CERTIFICATE OF ACKNOWLEDGMENT
(Civi! Code ~ 1189)
On //, 2001, before me, the undersigned, a
Notary Public in and fore, said County and State, personally appeared
I{~g/u’~ ~h~~ El p ~’ ~n~fF~ Pg, ~/7;~ , personally known to
me or proved to me On the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Nota~i Public
RICARDO J. GORDILLO
COMM. # 1215884
~L~}’~ NOTARY PUBLIC-CALIFORNIA
SAN MATEO COUNTY
|~~_COMM. EXP. APRIL l:i, 2003
011031 sm 0052855
16
CERTIFICATE OF ACKNOWLEDGMENT
(Civi! Code ~ 1189)
STATE OF )
)SS.
COUNTY OF )
On , 2001, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
, personally known tome or proved to me on the basisof satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
17
Oll031sm 0052855
EXHIBIT A SCOPE OF SERVICES
I
1.0
2.0
II
1.0
1.1
1.2
1.3
1.4
1.5
1.6
1.7
THE PROJECT
The Project shall consist of architectural services for a library and commtmity center to be located in the
eastem portion of Mitchell Park on Middlefield Road in Palo Alto, California. The Library is estimated
to be up to 55,000 square feet in size and the Community Center is estimated to be between 7,500 square
feet and 30,000 square feet in size. The Project includes the associated parldng and site work in the
eastem portion of Mitchell Park.
In choosing the Consultant, the City has sdected a consultant with knowledge and professional skills for
the Scope of Basic Services as stated below, for additional predesign and conceptual design services and
for full architectural and interior design services from Schematic Design through Post Construction
Services. The City, at its sole discretion may authorize Additional Services and Compensation and/or
contract amendments to increase the scope of Services to include services through Post Construction
project or through intermediate project phases.
RESPONSIBILITIES OF CITY
In addition to the responsibilities described in Section 4 of the Agreement,. the City shall provide the
following services and information if necessary. The Consultant shall be entitled to rely upon
information and services provided by the City.
Library and Community Center Building Program and the services of Programming Consultants.
Geotechnical Engineering ServiceS.
Land Surveying Services.
Public Finance Consultant..
Municipal Election Consultants.
Traffic "Engineering Consultants.
Testing and Surveys for Hazardous Materials.
III
1.0
1.1
1.1.1
1.1.2
1.1.3
SCOPE OF BASIC SERVICES
The Consultant’s Basic Services shall consist of the services described in Paragraphs llI 1.0 through
1.5.5. For initial professional services for this Project, the Consultant’s Basic Services shall include only
the services of a cost estimator. Through Additional Services and Compensation or through
Amendments to this Agreement, the City may add the services of additional sub-consultants.
PROJECT EVITIATION PHASE
The Consultant shall prepare a Project Directory and a draft Work Plan_
The Consultant shall review City-provided Project Data
The Consultant shall conduct Proj oct Management Team (PMT) Meeting 1.
M:\Prooosals\2001\296 Palo Alto Mitchell Park Librarv\ContractkEXHIBIT-A.doc [~afle 1
1.1.4 The Consultant shall prepare Final Work Plan and Commtmity Participation Plan
Deliverables: Final Work Plan and Community Participanon Plan
1.2 SITE ANALYSIS PHASE
1.2.1 The Consultant shall conduct Site Analysis to identify opportunities and constraints.
1.2.2 The Consultant shall conduct PMT Meeting 2 to discuss Site Analysis and plan Commtmity Meeting 1.
1.2.3 The Consultant shall prepare exhibits for Community Meeting 1.
1.2.4 The Consultant shall conduct Community Input Meeting 1.
1.2.5 The Consultant shall prepare notes from Community Meeting 1.
Deliverables: Site Analysis Drawing and Summary of Community Meenng 1.
1.3 OPTION DEVELOPMF27T PHASE
1.3.1
1.3.2
The Consultant shall conduct PMT Meeting 3 followed by PSC Meeting 2 to review first public meeting
and set site planning goals; set Green Building goals for Project.
The Consultant shall develop a range of Conceptual Programmatic and Site Altematives, which include
par-king and circulation requirements for the specified site, as well as the renovation and add-on to
existing buildings. The Consultant shall prepare site plans illustrating up to 8 options including:
1.3.2.1 Replacement of the Library or both buildings with larger new structures.
1.3.2.2 Renovation and expansion of both buildings, potentially lirfldng them with new construction.
1.3.2.3 Replacement of existing buildings with one new building which houses both institutions and
provides for shared use of space where practical.
The Consultant shall prepare graphics for PMT Meeting 4.
The Consultant shall conduct PMT Meeting 4 followed by PSC Meeting 3 to present and evaluate
options and to plan the first Community Meeting.
1.3.5 The Consultant shall revise the selected options and prepare presemation graphics for Community
Meeting 2.
1.3.6 The Consultant shall conduct Community Input Meeting 2.
1.3.7 The Consultant shall conduct PMT Meeting 5 followed by PSC Meeting 4 to review Community
Meeting 2 and plan the next steps.
1.3.8 The Consultant shall present the Site Evaluation and selected options to the Planning and Transportation
Commissions; to a joint meeting of the Library Advisoiy Board and Par’ks and Recreation Commissions;
and to a joint meeting of the Architectural Review Board and the Historical Resources Board.
Deliverables: Graphic Site Plans illustrating selected Development Options.
M:\Pm[~osals\2001 \296 Palo Alto Mitchell Park Librarv\Contrad\EXHIBIT-A.doc oaee 2
1.4.4
1.4.5
1.4.6
Deliverables:
FINAL OPTIONS PHASE
The Consultant shall Revise selected Options based on City’s direction, commtmity hput, and boards
and commission input.
The Consultant shall prepare Project Cost models for each Option.
The Consultant shall prepare draft Final Recommendations for Building Program, Project Cost,
Schedule, and Site Development Options. The City will provide direction to the Consultant for Building
Program Options.
The Consultant shall prepare exhibits for Commission and Boards.
The Consultant shall conduct PMT Meeting 6 followed by PSC Meeting 5.
The Consultant shall present the Options and selected options to the Planning and Transportation
Commissions; to the Library Advisory Board and Par’ks and Recreation Commissions; and to a joint
meeting of the Architectural Review Board and the Historical Resources Board
Draft Final Recommendations Report.
1.5 FINAL REPORT PHASE
1.5.1 The Consultant shall conduct PMT Meeting 7 followed by PSC Meeting 6 to review Boards and
Commissions Meeting and provide direction to the Consultant for Final Recommendations and to Plan
the City Council meeting.
1.5.2 The Consultant shall develop final illustrative Site Plans and final Options.
1.5.3 The Consultant shall update Project Budgets.
1.5.4 The Consultant shall prepare final Graphics for City Council presentation.
1.5.5 The Consultant shall present the Final Recommendations to the City Council
Deliverables: Graphic exhibits including illustrative Site Plan a~wl diagrammatic Building Plans, the size of
the plan for recommended Options. Final Recommendation Report to include statement of study methodology,
summary of opaons reviewed and cost estimates, and final recommendations.
IV
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
ADDITIONAL SERVICES: The following services are not included in the Consultanfs Basic Services
and shall be provide~ for additional compensation, if directed by the City.
Engineering and environmental studies.
Additional meetings and presentations
Perspective renderings.
Scale models.
Green building analysis and guidelines.
Detailed design drawings.
Services of consultants other than cost estimating consultants.
Other services not specifically identified under Basic Services above.
M:\Prooosals\2001\296 Pain Alto Mitchell Park LibrarvkContractkEXHIBIT-A.doc oane 3
EXHIBIT B COMPENSATION
(VERSION 2)
1.2
COMPENSATION FOR BASIC SERVICES
For the Basic Services described in Paragraphs llI 1.0 through 1.5.5 of Exhibit A, a Lump Sum
Fee of Eighty Six Thousand Dollars ($86,000.00).
Payments to the Contractor for Basic Seivices shall be made monthly in proportions to the
services rendered and shall not exceed the following amount per project phase:
Project Initiation:
Site Analysis:
Option Development:
Final Option:
Final Report
Total Basic Compensation:
$ 5,400
$13,100
$27,500
$27,500
$12.500
$86,000
2.2
2.3
COMPENSATION FOR ADDITIONAL SERVICES
For Additional Senrices described in Paragraphs IV 1.0 through 8.0, the City shall compensate
the Contractor in addition to Compensation for Basic Service on an hourly basis in proportion to
services rendered according to the following schedule. Hourly raates shall be adjusted annually.
Principal-In-Charge $135.00
Project Manager $115.00
Professional I $105.00
Professional II $ 95.00
Professional llI $ 85.00
Technical I $ 95.00
Technical II $ 85.00
Technical 1II $ 75.00
Technical IV $ 65.00
Project Support $ 60.00
Subconsultants to the Contractor at a rate of one and one-tenth (1.10) times the amounts billed to
the consultant.
Compensation for additional Project Meetings shall be billed at a Fixed Fee per meeting at the
following rates:
PMT Meeting Only $ 800
PSC Meeting Only $ 900
PMT & PSC Combined Meeting $1,200
Board or Commission Presentation $1,800
COMPENSATION FOR REIMBURSABLE EXPENSES
Reimbursable expenses are in addition to compensation for Basic and Additional Services in
Exhibit A and include expenses incurred by the Contractor.. and sub-consultants in the interest of
the project, as identified in the following clauses.
3.2
3.3
Reimbursable Expenses related to the Project, whether for in-house, consultant or client use, are
billable at 1.10 times direct cost or at the rates indicated below. Such costs include, but are not
necessarily limited to:
¯CAD plotting of Check Sets and Presentation Drawings: $2.00 per square foot.¯Outside service printing/copying of drawings and documents of any size.
¯In-house black and white printing/copying of drawings larger than 1 l"x 17": $.50 per square
foot.
¯In-house black and whitephoto-copying for draft and final reports and specifications: $.20 per
page
¯Software purchase and licensure on behalf of the client.
¯Postage, delivery and messenger service.
¯Photographic and digital imaging, including color and gray scale copies of any size.
¯Overtime expenses with prior client approval.
¯Architectural renderings and scale models.
¯Travel expenses outside the Bay Area.
¯Sub-consultant costs.
¯Presentation boards.
¯Facilitation tools.
¯Workshop accessories.
¯Workshop facilitation materials.
¯Travelexpenses
The following expenses are included in the hourly billing rates and are not billed separately:
¯In-house printing/copying of 11" x 17" or smaller for in-home and consultant use, except as
indicated above
¯Telephone and fax usage
Compensation for Reimbursable Project Expenses shall not exceed Four Thousand Dollars
($4,000) without approval by the City.
The City and the Consultant agree that the rates for Basic and Additional Services and
Reimbursable Expenses, including Sub-consultant and reimbursable expenses marknap, shall be
reviewed and adjusted for future project phases.
PART !1 - PROPOSER¯ INFORMATION
Addenda
¯ SECTION 300A
O.
Pc
During the Proposal process there may be changes to the Proposal document~, Which would require an
issuance of an addendum or addenda.. City disclaims any ann all liability for !oss, or damage to any-
Proposer Who does not receive any addendum i~sued by City in connection with this RFP. Any Proposer
in submitting a Proposal isdeemed to waive any and all claims and demands P~oposer may have against
City on account of the failure of delivery of any suchaddendum to Proposer. Any and all addenda issued
by City shall be deemed includedin this RFP, and the provisions and instructions therein contained shall
be incorporated to any Proposal submitted by Proposer. "
To assure that all Proposers have receive~l each addendum, the foilowing acknowledgment and sign-oft is
required. Fail.ure to ackridwledge receipt of an addendum/addenda may be considered ah irregularity in
the Proposal:
Addendumnumber(s)received:[~]l.; .[~]2; [~.3; []4; .I--]5; r]6; 1-]7; E~8;.[-]9
[]No Addendum/Addenda Were Received (check.add initial).
The Prol~oser represents that t I~as not retained a person to solicit or secure a City contract (upon an
agreement0r understanding for a commissiofl, percentage, brokerage, or conting&nt fee) except for
retefition of bona fide employee or bona fide established commercial sell ng agencies for the purpose
securing business. ’. . . . of -
Propose~’.s Designated Contact
Name: Nayn~ Gehrke.
F:;hone: 650.87:1". 0709
-Title:Principal
650.87).. 7911Fax:
¯The firm and individuals lis~ed below, certify that they do not discr!minate in employment With regards to "
’age, rac~, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in
¯ compliance with all fec~eral, state, and local directives and executive-orders regarding nondiscrimina;~ion in
employment. .
The undersigned hereby agrees to, ~,nd -accepts the terms and conditions o{this RFP. ..,.
Signatures (Must be the same signature(s) as will appear on Contract):.
Wayne ~/ehrke o~es w. ul.erKes .
(P[inted name of.signatory). ~,.(Printed name of signatory)
(Title of sign’atory) /¯ (Title of signatory)
Note: California Corporations Code Section 313 requires two corpo’rate o~cer~ to execute contracts.
The signature of First Officer* must be one of the following: Ch.airma. n of the Board; President; orVice President,..The signatur~of the. Second Officer** must be one of the following: Secretary;
Assistant Secretary; Chief Financial Officer; or As~istant’-’~easurer: In the alternative, a certified
corporate resolution, attesting ~o the signatory authority of the ir~dividuals signing in their resp.e~tivecapac!tie~ is acceptable.¯ -
Or,
CITY OF PALO ALTO RFP NO. 138328 PAGE3 OF 4
~RODUCER
iDea!ey, Renton & Associates
P. O. Box 12675
Oakland, CA 94604-2675
~ 465-3090
h,~ORED
Group 4 Architecture
Research + Planning, Inc.
301 Linden Avenue
South San Francisco, CA 94080
~..u ..,. ~.~ ~ ~ "r[.
DATE (MM/D D/Y3’)CERTIFICATE OF LIABILITY INSURANCE 0s/02/200 4
THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
,NSURERA:Hartford Casualty Insurance Co.
INSURERB:American Automobile Ins. Co.
,NSURERc:Security Ins. Co. of Hartford
INSURER D:
INSURER E:
;OVERAGES ;
THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POUCYPERIOD 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POUCIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.POLICY t=FPI£CTIVE POLICY EXPIRATION
.TR~ISR TYPE OF INSURANCE I POL1CYNUMBER DATE fMM/DD/YY~ ~ATe {MM/DD/YY)
A GE NERAL LIABILFF~57S.BALT2278 07/18/01 07/18/02
’07/18/01 07/18/02
07/01/02
X-~ COMMERCIAL GENERAL LIABILITY
~ CLAIMSMADE[--~ OCCUR
GENt- AGGREGATE LIMIT APPLIES PER:x-q POL,oYl---IF--I LOO
A ’ AUTOMOBILE liABILITY
--~1ANYAUTO
ALL OWNED AUTOS
~SCHEDULEDAUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIAB I LIT’f
--~ ANYAUTO
~:]CE SS LIABILITY
MADt
OCCUR [] CLAIMS
~.1DEDUCTIBLE
I RETENTION S
B WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
LIMITS
EACH OCCURRENCE 1~2,000,000
F,RE DAMAGE (Any one fire~ sl, 000, 000
MEO EXP (Any one person) I$i0 , 000
PERSONAL &ADVINJURY S2 t 000 r 000
GENERAL AGGREGATE ~4, 0 0 0, 0 0 0 .....
PRODUCTS-COMP/OPAGG S/I t 000 /000
57SBALT2278
I
WZP80885431 07/01/01
C~iability~THERprofessiona!! AEE0308452 07/12/01 07/12/02
DESCRI~ION OF OPERATtONSILOCATIONSIVEHIC~SIEXCLUSlONS AD DED BY EN DORSEMENT/SPECIAL PROVISIONS
.THIS CERTIFICATE SUPERSEDES ALL PREVIOUS CERTIFICATES.
RE: Palo Alto City offices. Certificate holder is an additional
for General Liability per CG2010 attached.
COMBINEDSINGLELIMIT $2 , 000 , 000(Ea ~ccident)
BODILY INJURY(Per person)
BODILY INJURY $~er &ccident)
PROPERTY DAMAGE $(Per ~scident)
AUTO ONLY- EAACClDENT $
OTHER THAN EA ACC
AUTO ONLY:AGG $
EACH OCCURRENCE I $
AGGREGATE $
$ ¯
WC STATU-OTH
X TORY t M TS
E.L. EACH ACCIDENT/ $1 t 000 /, 000
E.L.DtSEASE-EAEMPLOYE~ $1 000 000
E.L. DISEASE- POL ICY LIMFI~ $1 f
t
, t-000 i000
$I,000,000 per claim
$2,000,000 annl aggr.
insured
CERTIFICATE HOLDER I ! ADDFRONAL INSURSD: INSURER LETTER:
City of Palo Alto 1
Attn: Johnella Walker
250 Hamilton Avenue, ist
P.O. Box 10250
Palo Alto, CA 94301
ACORD 25-S (7/97)1 of 1 #M63271
Floor
CANCELLATION
SHO~J LD ANY IX=THE AB OrE DESCRIBED POUCIES BE CANOEU_E D BEFOF~ THE EXI~RATIO N
DATETHEREOF,THE ISSUING INSURER WILL EN DEAVOR TO MAIL3_0__ DAYSWRITTEN
NOTICETOTHE CERTiFIOA’i~ HOLDERNAMEDTOTHE LEF[, BUTFAILURE TO DOSOSHALL
IMPOSE NO OBLIGATION OR LIABILITY OFANYKIND UPON THE INSURER,/’IS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRO= .$~ NTATIVE
~kT~T @ ACORD CORPORATION 198
POLICY NUMBER: 57SBALT2278 COMMERCIAL GENERAL LIABILIT~’~
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement modifies insurance pro~)ided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NameofPersonorOrgani~ation:
City of PaloAlto l
Attn: Johne!la Walker
250 Hamilton Avenue, ist Floor
P.O. Box 10250
Pa!o Alto, CA 94301
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work"’ for that insured by or for you.
Schedule Cont.: City of Palo Alto, its officers, agents and employees
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
SEVERABILITY OF INTEREST:
IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS
COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED
AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS
BROUGHT.
WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF
SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT-ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
NOTICE OF CANCELLATION:
IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE
POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS
WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE
EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF PREMIUM, i0 DAYS
WRITTEN NOTICE WILL BE SENT TO THE ABOVE.
CG 2O 10 11 85