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Home My WebLink About2001-11-19 City Council (2)TO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS 6 DATE:NOVEMBER 19, 2001 CMR:405:01 SUBJECT:APPROVAL OF A CONTRACT WITH ACKERMAN-PRACTICON IN THE AMOUNT OF $62,000 TO PROVIDE DESIGN SERVICES FOR CAPITAL IMPROVEMENT PROJECT 10027, RENOVATION AND UPGRADES TO DATA MANAGEMENT SYSTEMS RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute a contract with Ackerman-Practicon (Attachment A), in the amount of $62,000 for design of electrical, heating and ventilation modifications to the Information Technology Services Division computer rooms. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract amendment with Ackerman-Practicon for related, additional but unforeseen work that may occur, the total value of which shall not exceed $12,000. DISCUSSION Project Description The Information Technology computer room located in the Civic Center building provides computer servers that .support all of the computer functions throughout the various City facilities. The Civic Center computer room contains computer equipment and servers vital to the management of various City functions. The Information Technology (IT) division has completed a strategic plan that calls for the consolidation of all IT functions into one Information Technology group, as well as the centralization of IT equipment into one room. The electrical service panels are currently at capacity, with some lines being overloaded. In addition, the existing computer room is 900 square feet, which would need to be expanded to 1,600 square feet in order to accommodate the additional equipment proposed in the IT strategic plan The Police Communications dispatch area located on Level A in the Civic Center also serves a critical public safety function and requires reliable electrical service and backup CMR:405:01 Page 1 of 3 power. Currently the area is served by power from various sources. In the event of a power failure, backup power is provided from two existing generators; however, not all equipment is currently located on an emergency circuit, leaving it vulnerable during a power failure. Approval of the contract with Ackerman-Practicon for $62,000 will provide for the design of an improved emergency backup system for the Police Communications dispatch area, electrical upgrades and expansion of the main IT computer room, and related minor heating and ventilation design modifications. A contingency of twenty percent is requested as the electrical system has been modified several times over the past 30 years in order to accommodate small office remodels and increased computer usage. Many of these small modifications were done without the need for formal design plans~ and the changes were not always included in the Civic Center’s record drawings. The contingency is requested to allow for additional consultant services should they be needed to trace this incremental electrical loading. Selection Process Requests for proposals (RFP) were sent to three consulting firms. After a 21-day proposal period, three firms responded to the RFP and Public Works Facilities Management staff interviewed the two best qualified firms. Ackerman-Practicon was selected because the firm had done a similar project for the City of Santa Clara and had received a good reference from them. RESOURCE IMPACT Funds for this project are available in the Fiscal Year 2000-01 Capital Improvement Program (CIP) Project 10027 (Civic Center Upgrade). The remainder of the funding in CIP 10027 will be used for generator replacement and various electrical and heating, ventilation and air conditioning upgrades. POLICY IMPLICATIONS This recommendation is consistent with existing City policies. TIMELINE The design for the electrical and other upgrades is expected to be completed four months from the start date. Once the design has been completed and reviewed, the project will be advertised for construction. ENVIRONMENTAL ASSESSMENT This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA). CMR:405:01 Page 2 of 3 ATTACHMENTS Attachment A: Contract for Design Services PREPARED BY: o DEPARTMENT HEAD: KAREN BENGARD, Acting Manager Facilities Maintenance and Projects GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR:405:01 Page 3 of 3 ATTACHMENT A CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND ACKERMAN-PRACTICON, INC. FOR CONSULTING SERVICES This Contract No.is entered into this day of __, 2001, by and between the CITY OF PALO ALTO,---~ chartered city and a municipal corporation of the State of California ("CITY"), and ACKERMAN-PRACTICON, INC., a California Corporation, located at 801 East Charleston Road, Palo Alto, California 94303. ("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, plans, designs, data, calculations, specifications, schedules or other writings (Services and Deliverables are, collectively, the ~Project"), as more fully described in Exhibit ~A"; and WHEREAS, CITY desires to engage CONSULTANT, including its employees, if any, in providing the Services by reason of its qualifications and experience~ in performing the Services, and CONSULTANT has offered to complete the Project on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree: SECTION I. TERM I.I This Contract will commence on the date of its execution by CITY, and will terminate upon the completion of the Project, unless this Contract is earlier terminated by CITY. Upon the receipt of CITY’s notice to ~proceed, CONSULTANT wil! commence work on the initial and subsequent Project to assure completion within the time schedule set forth in Exhibit ~A". Time is of the essence of this Contract. In the event that the Project is not completed within the 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. // // 011113 sm 0052876 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 be!ow. 2.2 CITY may order substantia! changes in the scope or character of the Basic Services, the Deliverab!es, 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, if applicable. Any increase in compensation for substantial changes will be determined in accordance with the provisions of this Contract. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performance of any such change in work. 2.3 Where the Project entails the drafting and submission of Deliverables, for example, construction plans, drawings, and specifications, any and all errors, omissions, or ambiguities in the Deliverab!es, which are discovered by CITY before invitations to bid on a...construction project (for which the De!iverables are required) are distributed by CITY, will be corrected by CONSULTANT at no cost to CITY, provided CITY gives notice to CONSULTANT. 2.4 Any and all errors, omissions, or ambiguities in the Deliverables, which are~discovered by CITY after the construction contract is awarded by CITY, will be performed by CONSULTANT, as follows: (a) at no cost to CITY insofar as those Services, including the Basic Services or the Additional Services, as described be!ow, or both, will result in minor or non-beneficial 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. II II O11113 sm 0052876 SECTION 3. CONSULTANT QUALIFICATIONS, STATUS, AND DUTIES OF 3.1 CONSULTANT represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services and Deliverables. CONSULTANT further represents and warrants that the project director and every individual, including any consultant (or contractors), charged with the performance of the Services are duly licensed or certified by the State of California, to the e~tent such licensing or certification is required by law to perform the Services, and that the Project will be executed by them or under their supervision. CONSULTANT will furnish to CITY for approval, prior to execution of this Contract, a list of all individuals and the names of their employers or principals to be employed as consultants. 3.2 In reliance on the representations and warranties set forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it will execute or cause to be executed, the Project. 3.3 CONSULTANT will assign Daniel B. Smith as the project director to have supervisory responsibility for the performance, progress, and execution of the Project. Larry Tonogan 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 Keep itself fully informed of all existing 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; 3.4.2 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 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. 011113 sm 0052876 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 four (4) copies of any documents which are a part of the Deliverables upon their completion and acceptance by CITY. 3.7 If ~CITY requests additional copies of any documents which are a~part of the Deliverables, CONSULTANT will provide 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 wil! be deemed to be directly controlled and supervised by CONSULTANT, which will 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 employee or consultant will be discharged immediately from further performance under this Contract on demand of the project manager. 3.9 In the executionof the Project, CONSULTANT and its consultants, if any, will at all times be considered independent contractors and not agents or employees of CITY. 3.10 CONSULTANT wil! perform or obtain or cause to be performed or obtained any and all of the following Additional Services, not included under the Basic Services, if so authorized, in writing, by CITY: 3.10.1 Providing services as ~an expert witness in connection with any public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 3.10.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.10.3 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.11 CONSULTANT will be responsible for employing all consultants deemed necessary to assist CONSULTANT in the performance of the Services. The appointment of consultants must 011113 sm 0052876 4 be approved, in advance, by CITY, in writing, and must remain acceptable to CITY during the term of this Contract. SECTION 4. DUTIES OF CITY 4.1 CITY will furnish or cause to be furnished the services listed in Exhibit "A" and such information regarding its requirements applicable to the Project as may be reasonably requested by CONSULTANT. 4.2 CITY will review and approve, as necessary, in a timely manner, the Deliverables and each. phase of work performed by CONSULTANT. CITY’s estimated time of review and approval will be furnished to CONSULTANT at the time of submission of each phase of work. CONSULTANT acknowledges and understands that the interrelated exchange of information among CITY’s various departments makes it extremely difficult for CITY to firmly establish the time of each review and approval task. CITY’s failure to review and approvewithin 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. Chok Chokkalingam is designated as the project manager for the city manager. The project manager wil! supervise the performance, progress, and execution of the Project. 4.4 If CITY observes or otherwise becomes aware of any default in the performance of CONSULTANT, CITY will use reasonable efforts to give written notice thereof to CONSULTANT in a timely manner. SECTION 5. COMPENSATION 5.1 CITY will compensate CONSULTANT for the following services and work: 5.1.1 In consideration of the full performance of the Basic Services, including any authorized reimbursable expenses, CITY will pay CONSULTANT a fee not to exceed sixty-two thousand dollars ($62,000). 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. 5.1.2 The full payment of charges for extra work or changes, or both, in the execution of the Project will be made, provided such request for payment is initiated by CONSULTANT and authorized, in writing, by the project manager. Payment will be made within thirty (30) days of submission by CONSULTANT of a statement, in triplicate, of itemized costs covering such work or 011113 sm 0052876 changes, or both. Prior to commencing such extra work or changes, or both, the parties will agree upon an estimated maximum cost for such extra work or changes. CONSULTANT will not be paid for extra work or changes, including, without limitation, any design work or change order preparation, which is made necessary On account of CONSULTANT’s errors, omissions, or oversights. 5.1.3 Current hourly rates (Exhibit ~B") 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 current hourly rates 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, and overhead and profit. 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 wil! be made by CITY after CONSULTANT has submitted all Deliverables, which have been approved by the project manager, and a Notice of Completion for the construction project has been recorded. 5.2.2 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 extra work or changes pertaining to the Project will be prepared, maintained, and retained by CONSULTANT in accordance with generally accepted accounting principles and will be made available to CITY for auditing purposes at mutually convenient times during the 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 011113 sm 0052876 6 Contract. will become the property of CITY irrespective of whether the Project is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals will be delivered to CITY without additional compensation. CITY will have the right to utilize any final and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any alterations or modifications of such documents. SECTION 7.INDEMNITY 7.1 CONSULTANT agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents, from any and all demands, claims, or liability of any nature, including, death or injury to any person, property damage or any other loss, caused by or arising out of CONSULTANT’s, its officers’, 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 wil! not be deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or law or of any subsequent breach or violation of the same or of any other covenant, term, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder will not be deemed to be a waiver of any preceding breach or violation by the other party of any covenant, term, condition or provision of this Contract or of any applicable law or ordinance. 8.2 No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION 9. INSURANCE 9.1 CONSULTANT, at its sole cost and expense, will obtain and maintain, in full 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. O11113 sm 0052876 7 9.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Rating Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California.. Any and all consultants of CONSULTANT retained to perform Services under this Contract will obtain and maintain, in full force and effect during the term of this Contract, identica! insurance coverage, naming CITY as an additional insured under such policies as required above. 9.3 Certificates of such insurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of~ this Contract. The certificates will be subject to the approval of CITY’s risk manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insurer except after filing with the CITY’s city Clerk thirty (30) days prior written notice of such cancellation or alteration, and that the City of Palo Alto is named .as an additional insured except in policies of workers’ compensation, employer’s liability, 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 forthe full and total amount of any damage, injury, or loss caused by or directly arising as 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 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 011113 sm 0052876 CONSULTANT of any completed item of Basic Services. of such notice, CONSULTANT will performance under this Contract. Upon receipt immediately discontinue its 11.2 CONSULTANT may terminate this Contract or suspend its execution of the Project by giving thirty (30) days prior writte~ notice thereof to CITY, but only in the event of a substantial failure of performance by CITY or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of Basic Services or the execution of the Project. 11.3 Upon such suspension or termination by CITY, CONSULTANT will be compensated for the Basic Services and Additional Services performed and Deliverables received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additiona! 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 subjectto 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 wil! 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 ~f termination of this Contract or suspension of work on the Project by CITY where CONSULTANT is not in default, CONSULTANT will receive compensation as follows: 11.4.1 For approved items of services, CONSULTANT will be compensated for each item of service fully performed in the amounts authorized under this Contract. 11.4.2 For approved items of services on which a notice to proceed is issued by CITY, but which are not fully performed, CONSULTANT will be compensated for each item of service in an amount which bears the same ratio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the full performance of that item of service. 11.4.3 The total compensation payable under the preceding paragraphs of this Section will not exceed the payment specified under Section 5 for the respective items of service to be furnished by CONSULTANT. 11.5 Upon such suspension or termination, CONSULTANT will deliver to the city manager immediately any and all copies of the Deliverables, whether or not completed, prepared by CONSULTANT or Ol I 113 sm 0052876 9 its consultants, if any, or given to CONSULTANT or its consultants, if any, in connection with this Contract. Such materials will become the property of CITY. 11.6 The failure of CITY to agree with CONSULTANT’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. SECTION 12.ASSIGNMENT 12.1 This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT will not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the 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.CbNFLICT 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 011113 sm 0052876 10 provisions of the Palo Alto Municipal Codeand the Government Code of the-State of California. SECTION 15. NONDISCRIMINATION 15.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of persons under this Contract because of the age, race, co!or, nationa! origin, ancestry, religion, disability, sexual preference or gender of such person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONSULTANT agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "D". 15.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as follows: "[Name of Provider] will provide CONSULTANT with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment of~.~any person under this contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person." 15.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cance! 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 federa! agency or officer will constitute evidence of a breach of this Contract. SECTION 16. MISCELLANEOUS PROVISIONS 16.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the federal Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to 011113 sm 0052876 11 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 action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 16.5 The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. 16.6 This document represents the entire and integrated Contract between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 16.7 All provisions of 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 competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect. 16.10 All exhibits referred to in thisContract 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. O11113 sm 0052876 12 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 Pa!o Alto Municipa! 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, cond±tion, or provision of this Contract. II II II II II II II II II II II II II II II II 011113 sm 0052876 13 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST]CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor ACKERMAN-PRACTICON, INC. City Attorney By: Name: Title: By: Name: Title: Taxpayer Identification No. APPROVED: Assistant City Manager Director of Public Works Director of Administrative Services Risk Manager Attachments: EXHIBIT "A": EXHIBIT "B" : EXHIBIT "C" : EXHIBIT "D": (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) SCOPE OF WORK OR SERVICES (PART III) RFP #134621; and ACKERMAN-PRACTICON PROPOSAL DATED JUNE ii, 2001 RATE SCHEDULE ACKERMAN-PRACTICON FOR YEAR 2001 INSURANCE CERTIFICATE NONDISCRIMINATION COMPLIANCE FORM 011113 sm 0052876 14 CERTIFICATE OF ACENOWLEDGMENT (Civil Code § 1189) STATE OF ) ) SSo 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 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 Notary Public Ol 1113 sm 0052876 15 CERTIFICATE OF ACKIqOWLEDG£MENT (Civil Code § 1189) STATE OF ) COUNTY bF ) On , 2001, before me, the undersigned, a Notary Public in and for saidCounty and State, personally appeared , 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 Notary Public O11113 sm 0052876 16 Exhibit A PUBLIC WORKS DEPARTMENT FACILITIES MANAGEMENT DIVISION PROJECT TITLE: DESIGN SERVICES FOR DATA MANAGEMENT FACILITIES EXPANSION PROJECT REQUEST FOR PROPOSAL (RFP). NUMBER t 34621 PART I11 SCOPE OF WORK OR SERVICES Section III - Scope of Work I. INTRODUCTION The Ciiy of Palo Alto is requesting proposals from qualified electrical engineering consultants for the design of the Data Management Renovation Project located at the Civic Center Office Building, 250 Hamilton Avenue, Palo Alto, CA. This project was approved by the City Council of Palo Alto and provides for needed i’mprovements to the City’s computer and communications equipment rooms. In addition to the electrical upgrade work described below, the work includes modification of the heating, ventilation, and air conditioning system and minor architectural revisions. 2. BACKGROUND The Civic Center emergency electrical pow.er backup consists of a system of two generators and various Uninterruptible Power Supply units (UPS) for both the main tower area and the Police/Communications dispatch area. Both generators have automatic transfer switches in the event of a power failure. The smaller generator, intended to service the Police areas, is backed up by the main building generator through a manual transfer switch. The second floor computer room is fed from the main building generator and UPS. The. public safety communications dis~.atch area Iocated on Level A in City Hall serves a critical public safety function and requires reliable electrical service.and back up power. Currently the area is served by power from various sources. In the event of a power failure, backup power is provided from both generators, or in some cases, equipment is-not on an emergency circuit. The .primary objective for this area is to rewire the system so that it will have primary emergency backup power for all critical .equipment from the small generator and appropriately sized UPS Unit. In addition, should the small generator fail, an additional automatic trans!~er switch will be installed to drop the load from the large generator and pick up the Communications load.. These improvements are especially important since the recent implementation of the new Computer Aided Dispatch System and the enhanced Emergency 911 system. A minor project is currently in progress to update dispatch consoles with new equipment, and the consultant selected for this project shall examine the impact of the new equipment as well as the existing conditions of level A. The new UPS eq.uipment will be located in-the communications, equipment room directly adjacent to the dispatch area. This room has had equipment added over the years, and the ventilation System is inadequate for the load. The improvements to Level A include upgrades to the electrical systems, acqu!sition and installation of a larger UPS, and modification to the ventilation and air conditioning system. The second floor computer room contains computer equipment and servers vital to the management of the City. The City’s Information Technology (IT) division has completed a strategic plan which calls for the consolidation of all IT functions into one Information Page 2 of 7 Section Ill - Scope of Work Technology Group, and the centralization of IT equipment into the Civic Center second floor computer room. The electrical service panel for the computer room is currently at capacity. Power quality measurements on the secondary side of the three phase 20KVA transformer that serves the computer room reveal that the neutral leg is overloaded. The wiring distribution under the computer room floor has been added to and modified over a thirty year period and needs to be identified and cleaned up. Implementation of the Information Technology .(IT) Division’s Strategic Plan will exacerbate the electrical problem through increased loading. The emergency power supply to the computer room will need to be reviewed in conjunction with the other electrical upgrades. In addition to the electrical issues, the computer room is under severe space constraints. The-size of the room was modified approximately 10 years ago to make room for additional staff. The room now needs to return to the original footprint to accommodate the additional equipment proposed in the strategic plan.. The existing second floor computer room is 900 square feet. The expanded second .floor computer room will have approximately 1600 square feet. The expansion of the computer, room area andupgrading the electrical service will be accomplished through this project. This will ensure that computer sYstems are maintained in an efficient and effectivemanner and will have Sufficient power, back up power, and protection from fire. In addition to the expansion of the computer room and upgrade of the electrical and life safety-systems, the improvements include, minor modificStions to the HVAC system to accommodate the expansion, and the installation of shelving for storage of miscellaneous hardware and technical publications. Fan ST-4 located on the eighth .floor is dedicated to the Second floor computer room. Cooling for the computer room is supplemented by two 5 ton Data Air p;ackage units located on the roof of the council chambers, adjacent to the computer ro~6m. Dampers on ST--4 fed ducts are controlled by a Building. Automation.Sy.stem installed by Barber-Coleman (now Siebe). 3.SCOPE OF WORK The Consultant shall work with the Public Works Department, Facilities Management Division, for development and~coordination of the project. The consultant shall evaluate all existing conditions and. shall provide a design package which includes all elements of the work proposed. Consultant shall provide panel and circuit configurations for both Level A and the Second Floor, specify a new Uninterruptible Power Supply large enough to support the Communications suite on Level A, designmodifications to the HVAC systems to support the additional equipment, and provide architectural drawings for the computer room expansion. The consultant will be provided a copy of the Information Technology Department’s strategic pla, n and a copy of a preliminary study done for the communications area. Both of the project areas provide critical support for the staff and the public. For this reason, the project must be accomplished with minimum downtime. Consultant shall prov de, with their design, a sequence of work for the contractor to follow. Work shall be sequenced so that minimal downtime is required during switchover or connection of new Page 3 of 7 Section 111 - Scope of Work equipment only. Engineering/design services will include preliminary design, final design, cost estimation, preparation of construction documents (drawings and specifications), assistance during the bidding.period, and Construction administration services. The Consultant’s scope of work shall include the following: A. General Field investigation of the project site and all existing conditions that may effect the scope of work. Review all available plans and documentation relevant to the two areas. Attend meetings with City staff throughout the project as required. Work closely with City staff to assure the total project cost does not exceed, the project budget .($650K for. competitively bid construction proje’ct including contingency). Preparation of construction specifications and permit drawings; Field consultation with City staff:~luring construction. B.-Proiect Desiqn Overview Design features to be incorporated" 2°d Floor ’" Electrical distributior] Upgrade to accommodate.expansion of data management equipment (list to be provided by City) ¯Confirmation of adequacy of existing system / Minor HVAC duct modifications as needed ¯Wall construction/demolition for expansion ’of the computer room ¯Shelving ¯New work shall be designed, and work sequenced so downtirfle of vital data management functions is minimized , ¯Future expansion capabilities / flexibility to allow future changes ¯ADA / Title 24/Fire codes Level A Page 4 of 7 Do Eo Section I11 - Scope of Work Electrical distribution upgrade from emergency generators to dispatch area as required New UPS for Communications / Dispatch Room and Telephone Equ.ipmeqt Room HVAC expansion an~l controls modifications for communications equipment too ITi Construction sequenced so vital dispatch and communications management functions are maintained Future expansion cababilities I flexibility t0.allow future changes ADA! Title 24/Fire codes Preliminary Desi.qn Consultant shall review all existing conditions relevant to this project, evaluate the existing mechanical, control, electrical, and architectural features of.the facilities described above, and shall work closely with the City’s Project Manager to develop the new load list. The consultant shall identify information needed from the building users and facilitate its acquisition. Consultant shall develop a list of circ.uits, transformers, and panel boxes that require modificatio.n to support the mechanical and electrical upgrades. Consultant shall provide concept (30%) drawings for staff review and approval and attend a meeting with City staff at the 30% design completion stage to coordinate the final and bid-set designs..--¢:~ Consultant shall provide a preliminary eiqgineer’s estimate of the construction contract cost for City staff review and approval at the 30% design stage. Consultant shall design improvements to con.form to all applicable codes, laws and regulations including the Uniform Building, Mechanical, Plumbing, Electrical and.Fire Codes. Final Design Consultant will furnish drawi.ngs and technical specifications to staff for review and approval at the final design completion stage, and for final review and signing at the bid set design stage. Final drawings shall, be suitable for review by the Building Inspection Division and for signing by the Public Works Director. Consultant shall assist City staff.to obtain a building permit by furnishing all the necessary drawings and calculations and working with the Planning Department, Building Inspection Division, as required. Biddinq Period Page 5 of 7 Section I11 - Scope of Work Consultant shall attend a pre-bid conference for interested contractor personnel.- Consultant shall assist staff in responding to technical questions from prospective bidders during the bid. period. Consultant will assist staff to prepare any necessary addenda. Construction Administration The Consultant shall provide, construction administration phase services commencing from the award of the construction contract and terminating with the submittal and approval of record drawings. Consultant shall attend a pre-cof~struotion meeting. Consultant shall provide submittal review and response to clarification requests as required. 4. FEES Consultant fees for this work shall be negotiated on a lump sum basis after selection of the Consultant. Consultant shall provide, with the proposal, a proposed lump sum fee for the work described above. The negotiated~fee for this work will include all Consultant costs necessary for Completing the design and providing construction administration services. Consultant shall also provide a unit hourly rate standard fee schedule with the proposal. 5. PROJECT ADMINISTRATION Jim Gustafson, Facilities Proiects Supervisor, will be the point of contact and Project Manager throughout the project unless directed otherwise by the City. All questions, correspondence and invoices will be addressed to the Project Manager at City of Palo Alto,. Facilities Management Division, P.O. Box 10250, Palo Alto, CA, 94303, phone (650) 496- 6920, fax (650) 4.96-6958. 6. ORAL.INTERVIEW The Consultant may be required to attend an oral interview. The pers, on to be designated as the project leader must be present. -The Consultant. is expected to give a brief presentation of their- familiarity with similar projects, their overall understanding of the scope of the project, and the services to be provided in this Request.for Proposal. Staff will notify those Oonsultants selectedto schedule interviews if required. 7. FINAL DRAWINGS AND SPECIFICATIONS Page 6 of 7 Section II1 - Scope of Work Proiect Drawinqs and Specifications Upon completion of the final design tt~e Consultant will submit one (1).set of specifications, one (1) set of reproducible mylar drawings, and three (3) wet stamped drawings to the City. Specifications will include Division O and Division 1 and shall be in the CSl format. Drawings shall be on a 24" x 36" sheet size with a scale of !/4" = 1’. . B,Record Drawinqs. Upon completion of the project, and after.acceptance by the City, the Consultant: shall submit to the City one (1) complete set of reproducible mylar record drawings reflecting.all as-.built Conditions. A CD shall also be submitted to the city containing a complete set of the drawings in Autocad Version R14 or R2000. 8.INFORMATION TO BE PROVIDED BY THE CITY The City will provide the Consultant with blue-line copies of all applioable record drawings available for the Second Floor and Level A, plus electrical and mechanical drawings for equipment that service those floors. 9.TIME OF ~COMPLETION The selected Consultant shall complete all design stage services within. 90 calendar days after issuance of the Notice to Proceed. Construction Administration services will be scheduled upon award of the.construction phase of the project. END OF SECTION Page 7 of 7 A C K E R M A N P R A C T I C O N CONSOLIDATED TECHNICAL SERVICES J:une 1 I, 2001 City of Palo Alto Purchasing and Contract Administration Mezzanine Civic Center 250 Hamilton Avenue Palo Alto, CA 94301 Project Proposal:Data Management Facilities Expansion Project. Request For Proposal No. 134621. Contract Manager; Johnella Walker Project Manager; Jim Gustafson We are pleased to submit out enclosed proposal document for the subject project. We have received and reviewed your RFP dated 3/16/01 as well as information received at the site walkthrough. We understand and agree to the requirements of the RFP. Since the RFP is quite thorough and complete, we will not repeat the description of the project in this proposal. We have enclosed the supporting forms as required with this proposal. Ackerman-Practicon is a full-service engineering fu’m founded in Palo Alto in 1957. The project is in our backyard andwe can assure you that it will receive our full and complete attention. We are only a few minutes.away for meetings and site observations. It is our intent to serve this project as your prime and only contact with total responsibility resting in our firm. Ackerman-Practicon has been involved in many projects similar to this one. We have attached a listing of those projects of interest. As the prime consultant, we will manage all aspects of the project including meeting agendas, minutes, scheduling, estimating, planning and permit submittals, and site observations during Construction. Our total involvement in a leadership role from beginning to end will assure you a successful project. Our electrical engineers, led by Larry Tonogan, will provide the design focus for the project with analysis of the existing systems, new Ups and batteries, circuit and panel reconfiguration as described in the RFP. Larry will also serve as overall project manager for this project. Larry is currently completing a new essential services facility for the City of Stockton which we believe has given us insight into the special needs of such a facility. Our mechanical engineer, Ed McJay, will provide HVAC design for the expansion. 801 EAST CHARLESTON ROAD PALO ALTO~ CALIFORNIA 94303 TEL 650.965.ZOOO FAX 650.494.93Z2 Jose De La Cruz, A.I A, will provide in-house arckitectural design as well as assisting in code analysis and planning submittals. Jose will also serve as backup project manager for {he project. We have included an allowance for Rinne and Peterson, Structural Engineers, for assistance in developing anchoring details for the new HVAC equipment in the computer r6om and on the roof. The city will need to provide record calculations on the building structure as a basis for design. The RFP does not address IT services in this scope mad we have excluded this discipline. Please note, however, that we have, on staff, a very talented IT engineer, Oabe Ramirez, RCDD, who could be available to assist the city as future needs arise. We can also be available to negotiate construction management services during the construction phase should this be necessary. We have not included that cost in our proposal. Estimate of Fees: Project Management/Admin Electrical Design Mechanical Design Architectural Design Structural Design Estimating Totals Design Phase Hours 48 120 80,. 4O 10 Cost $5000 14000 10000 5000 5000 1000 338 $40000 Construction Phase Hours 108 4O 24 12 10 194 Cost $12000 4400 2800 1200 1200 $21600 We recommend a budget of $400 for reimbursables. Printing, plotting, anddelivery charges are direct reimbursables. Plan check and permit fees are ex6luded. Our total fee estimate, including reimbursables, is therefore sixty-two thousand dollars ($62,000). We believe the 90-day design schedule in the RFP {s appropriate. This should allow for a 30%, 60%, and 100% review printing and reviews. We have assumed a 6 month (27 week) construction cycle to determine weekly (four hour) meeting costs. We look forward to continuing our many years of service for the city. _questions, please do not hesitate to call. Ackerman-Practico~n Principal If there are any A C K E R M A N Exhibit B P R ACT I C O N CONSOLIDATED TECHNICAL SERVICES January 1,2001 CURRENT RATE SCHEDULE OF HOURLY CHARGES FOR ENGINEERING SERVICES: ENGINEERING/DESIGN SERVICES Principal $125.00 Project or I.T. Manager $115.00 Project Engineer $110.00 Engineer II $100.00 Engineer I $ 85.00 Designer $ 70.00 CAD Operator $ 60.00 Clerical $ 50.00 CONSULTATION AND DESIGN-BUILD CRITERIA SERVICES ONLY Principal and Project Engineers $150.00 Rates subject to change on January 1 of each year. Reimbursable Expenses (not included in the standard proposal): Reimbursable expense shall be for actual expense for job related travel beyond 50-mile radius of our office, car rental, hotels, and meals; courier service; printing, plotting of vellums for external use, and duplicating other than for internal use; and other expenses authorized by the client. 801 EAST CHARLESTON ROAD PALO ALTO, CALIFORNIA 94303 TEL 650.965.IOOO FAX 650.494.9312 A C K E R M A N P R ACT I C O N CONSOLIDATED TECHNICAL SERVICES January 1,2002 CURRENT RATE SCHEDULE OF HOURLY CHARGES FOR ENGINEERING SERVICES: ENGINEERING/DESIGN SERVICES Principal $130.00 Project or I.T. Manager $120.00 Project Engineer $115.00 Engineer II $105.00 Engineer I $ 88.00 Designer $ 75.00 CAD Operator $ 65.00 Clerical $ 50.00 LIMITED PROFESSIONAL CONSULTATIONS PREPARATION OF DESIGN-BUILD CRITERIA Principal and Project Engineers $160.00 Rates subject to change on January 1 of each year. AND Reimbursable Expenses (not included in the standard proposal): Reimbursable expense shall be for actual expense for job related travel beyond 50-mile radius of our office, car rental, hotels, and meals; courier service; printing, plotting of vellums for external use, and duplicating other than for internal use; and other expenses authorized by the client. 8OI EAST CHARLESTON ROAD PALO ALTO, CALIFORNIA 94303 TEL 650.965.IOOO FAX 650.494.9312 9/20/01 i0:06 AM 1-510-452~2193ExhibitC ±ooua~oo~oo Client#: 5 " -ACKERMANP ACORn-, CERTIFICATE OF LIABILITY INSURANCE ~RODUCER Dealey, Renton & Associates p. O. Box_f2675 oakland, CA 94604-2675 510 465-3090. Ackenn an-Practicon 801 E.ast Charleston Rd. Palo Alto, CA 94303 -~SUKED I 7.OVERAGES 9/20/0 THIS CERTIFICATE IS ISSUED AS A I%iATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND O! ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO~t INSURERS AFFORDING COVERAGE " ~NSU~aA: American Motorists Ins. Co. ,Na~.a~: Hartford Casualty Insurance Co. i.~.~c: American International Insurance INSUF.BR D: THE POLICI~S OF INSL~CE LISTXD BELO.W HA\r~ BEEN ISSUED TO TI-IE IN~ NAMI~D ABOVE PORTTIEPOLICY PEPdOD INDICATED, NOT~VITHSTAND]]" ANY P.EQUIREMENT, TEP-aM OR CONDITION OF ANY CONTRACT OR OTHIEP. DOCUMENT \~r!TH P..ESPECT TO V.qlICH THIS CERTLFICATI~ I~iAY BE ISSLr~D C ~IA%" PEP.TAZN, THX INSUP~ANC2 AI"FORL)ED BY TIZE POLICIES DESCP.IBED I-IEREIN IS SUBJEC~ TO ALL TI-IE TEII£~S, EXCLUSIONS AND CONDFI-IONS OF SUC POLICIES. AGGKEGATE LI24ITS SHO%q~ NIAY HAVE BEEN KEDUCED BY PAID CLA!M~. TYPE OF INSURANCE OENB~AL L/ABILITY h ] COMM g KC 5%L GE NB KAL LL~B ~LrYY’, ~ ~] CLAIMS MADZ D OCCUR _! GEN’I.. AGORBOATB L~[r APFLIES FEE : "--] PC~ICY [--’]PRC~,,p, CT [’r’--] LCC A C AUTOMOBILE LIABILITY .X~ ANYAUTO _~ALL O%VNBD AUTOS ____~ ~CHEDULSD Atrr C~ X_~ HII~D AUTOS ~NON~DWNgD AUTO~ C.I~P,.A G.g L/ABILITY ANYAUTO EXCES~ MABILITY ~D ~DUCTIBLE KETENTK)N WORKEP~. COMPENSATION AND EMPLOYERS’ LIABILITY ~E~Professional ~iability POLl CY N UM BER 7RS66130901 57UECUN9122 7RS66130901 6471946 POLICY EFFECTIVE~AT~ ¢MM/DDtyy] 104/01/01 09/15/01 04/01/01 12/02/00 POLICY EXPIRATION DATE fMM{DD/YY) !04/01/02 :09/15/02 04101/02 12/02/01. LIMITS ~!,000,000 il00,000 ~i0,000 ,i,000,000 ~2,000,000 ~2,000,000 ,i,000,000 t3,000~000 ~3,000,000 claim $2,000,000 annl aggr. D~C~ION OF OPE~ATIONS,%~ATION~’EHICL~I~CLUSIONS ADDED BY ENDO~EME~/~ECI~ PROVISIONS ALL OPERATIONS OF THE NAMED INSURED Please refer to the attached endorsement. The City of Palo Alto is named an additional insured under general/auto liability as pertains to work done by the named insured. Insurance is primary and non-cQntributory ¯ CERTIFICATE HOLDER City of Pa[o Alto Office of the CiW Clerk CC:Chok Chokkalingam P,O,Box 10250 Pa[o Alto, CA 94303 CANCELLATION SHOULD ANYOFTH EA~OVE D ESC~!BED POLICNS B E CANCELLED B EFOFdg TH E EX~INATION DATZ THEKEOF, THE IS~’UING INSURER. WILL~])%%Xt~X~’dAIL~.~DAYN WNITrEN NOqlCETOTHE CERTIFICATE HOLDERNAMEDTOTHE AUTH OP~ ZE[~R]~ P~RESENTATI VE 9/20/01 i0:08 AM l-Si0-1~Z-Z±~o .......... ~ POLICYNUMBER: 7RS66130901 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) COMMERCIAL GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Palo Alto office of the City Clerk CC:Chok Chokkalingam P.O.Box 10250 Palo Alto, CA 94303 (If no entry appears above, information required to comp ere this endorsement will be shown in the Declaratidns 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 liabili~ arising out of "your work" for that insured by or for you. The city of Palo Alto is named an¢~dditional insured under the general liability policy pertaining to work done by the named insured. 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 CANCELLEDFOR NON-PAYMENT OF PREMIUM, i0 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE. ¯ . PRIMARY INSURANCE: ITIS 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. Exhibit D ’ PART II1 - CONTRACT ADMINISTRAT!ON INSTRUCTIONS AND FORMS SECTION 410 PROJECT TITLE: CONSULTANT SERVICES FOR CIVIC CENTER DA~A MANAGEMENT RENOVATION AND UPGRADE Certificationof Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with ail Federal, State and local directives and executive orders regarding nondiscrimination in employment. Firm: Title of Officer Signing: Signature DATE: END OF SECTION