HomeMy WebLinkAbout2000-03-06 City Council (14)TO:
City of Palo Alto
City Manager’s Report
12
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT:UTILITIES
DATE:
SUBJECT:
MARCH 6, 2000 CMR: 152:00
APPROVAL OF CONSULTANT CONTRACT WITH _MILLER
AND VAN EATON, L.L.P. FOR PREPARATION OF
TELECOMMUNICATIONS DOCUMENTS AND MATERIALS,
AND BUDGET AMENDMENT ORDINANCE FOR $125,000
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with_Miller and
Van Eaton, L.L.P. in the amount of $111,000 to prepare comprehensive
telecommunications policies, procedures, and related implementation materials.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract with Miller and Van Eaton, L.L.P. for related, additional
but unforeseen work which may develop during the project, the total value of which
shall not exceed $14,000.
DISCUSSION
Consultant Services Description
The work to be performed under the contract is preparation of comprehensive
telecommunications policies, procedures, and related implementation materials. Under the
provisions of the Telecommunications Act of 1996, a number of Competitive Local
Exchange Carriers (CLECs), cellular carriers, and long distance.carriers provide or are
interested in providing telecommunications services in Palo Alto. The City’s interaction
with these companies includes regulation of facilities on private property; regulation of
facilities on public property; and potential contractual relationships and permitting for use
CMR:152:00 Page 1 of 3
of City public right of way, utilities infrastructure, facilities, and other property. Council
approved four Telecommunications Policy Statements on October 6, 1997 (CMR:369:97)
These telecommunications policies need to be implemented but there are insufficient staff
resources to complete the implementation-related work. Miller and Van Eaton, L.L.P. has
been selected for this purpose. In this process, the consultants will:
o
o
Review and ref’me existing telecommunications policies;
Review City owned property, including utility facilities, for’ siting
telecommunications facilities;
Review procedures for siting and installation of telecommunications facilities in the
public right of way;
Review existing telecommunications ordinance(s) and resolution(s) and recommend
changes and/or new ordinances and resolutions;
Compile and prepare a Telecommunications Manual and a General Public
Guidebook based on the Manual;
Prepare appropriate Environmental Review documents to ensure the recommended
implementing policies and procedures are in conformance v~ith the Comprehensive
Plan;
Attend public hearings and meetings as necessary;
Selection Process
Staff sent a Request for Proposals (RFP) to ten consulting firms on July 12, 1999. Firms
were given 22 days to respond to the request. One firm submitted a proposal. Those
firms not responding indicated that they did not submit a proposal because they did not
offer the range or services being requested, were too busy to do the work at that time, or
did not have enough time to put a proposal together.
A staff committee composed of representative from th~ Utilities, Public Works and
Planning Departments, City Manager’s and City .Attorney’s Offices and the Real Estate
Division of the Administrative Services Department reviewed the firm’s qualifications and
proposal in response to the RFP and invited the consultant to make an oral presentation to
the committee. Following ~e presentation, the committee discussed the consultants
approach to the RFP and team member qualifications and concluded that this firrn was not
qualified to completely perform the work outlined in the RFP. Based on this, this firm was
rejected, which required the RFP to be sent out once again. Staff made minor revisions
to the proposal to help clarify some of the tasks and prepared a new list of potential
proposers to send the RFP.
On October 6, the RFP was sent out again to eleven consulting firms. The firms were
given 27 days to respond to the request. A total of three firms submitted proposals.
Proposals ranged from $111,000 to $165,000. Those firms not responding indicated they
were unable to put together a team to meet the wide range of requirements or were
CMR: 152:00 Page 2 of 3
committed to other projects.
Once again, the staff committee reviewed the proposals, and two firms were invited to
participate in oral interviews on January 10 and January 14. The committee carefully
reviewed each firm’s qualifications and response to the RFP relative to the criteria outlined
in the RFP. Miller and Van Eaton, L.L.P., was selected because it had the best
understanding of the project, the most qualified personnel to work on it, and most relative
experience in preparing the telecommunications documents, environmental Work, and
public documents that are required. ($62,500).
RESOURCE IMPACT
This is a joint project between the General Fund and Utilities and will be shared equally.
In reviewing the work that the consultant is to be asked to undertake, it became clear that
the efforts would benefit both the Utilities Funds and various General Fund departments.
Staff has allocated the costs of the consultant contract accordingly: 50% to Utilities
($62,500) and 50 % to General Fund departments Funds are available in the FY1999/2000
Utilities budget to cover the Utilities portion of the project costs. A Budget Amendment
Ordnance in the amount of $62,500 will be required to take the money from the General
Fund Budget Stabilization Reserve for the remaining cost of the contract.
POLICY IMPLICATIONS
Award of this contract does not represent any change ’to existing City policies.
ENVIRONMENTAL REVIEW
Not a project under the California Environmental Quality Act (CEQA)
ATTACHMENTS
Attachment A:Contract
PREPARED BY:Larry Start, Assistant Director Utilities, Engineering & Operations
Emily Harrison, Assistant Mana
DEPARTMENT HEAD:
CITY MANAGER APPROVAL
JUNE FLEMING
" City Manager
CMR:152:00 Page 3 of 3
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1999-00 TO
PROVIDE AN ADDITIONAL APPROPRIATION OF $125,000 TO MILLER
AND VAN EATON, L.L.P. FOR TELECOMMUNICATIONS CONTRACT
SERVICES.
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City Of Palo Alto, the Council on June 28,
1999 did adopt a budget for fiscal year 1999-00; and
WHEREAS, the City of Palo Alto retains a regulatory role over
the provision of telecommunication services to its citizens; and
WHEREAS, pursuant to the Telecommunications Act of 1996,
provision of access to the local telecommunications market must be
implemented; and
WHEREAS, there are insufficient staff resources to complete
the implementation-related work; and
WHEREAS, a number of Competitive Local Exchange Carriers
(CLECs) are interested in providing telecommunications services in
Palo Alto on a contractual basis; and
WHEREAS, staff requests $125,000 to retain contractual
services from Miller and Van Eaton, L.L.P. to implement four
municipal telecommunications policy statements, approved by City
Council on October 6, 1997 (CMR:369:97); and
WHEREAS, the Utility and General Funds will each fund $62,500
of expense, with the Utilities Department having funds included in
their fiscal 1999-00 budget; and
WHEREAS, the additional appropriation of $62,500 from the
General Fund Budget Stabilization Reserve is a one-time cost and no
future year General Fund ongoing costs are anticipated; and
WHEREAS, City Council authorization is needed to amend the
1999.-00 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION i. The sum of Sixty Two Thousand Five Hundred Dollars
($62,500) is hereby appropriated to non-salary expense in the Long-
Range Planning Functional Area in the City Manager’s Department, and
the Budget Stabilization Reserve is correspondingly reduced.
SECTION 2. This transaction will reduce the
Stabilization Reserve from $19,179,996 to $19,117,496.
Budget
SECTION 3. As specified in Section 2o28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
\
SECTION 4. The Council of the City of Palo Alto hereby finds
that this is not a project under the California Environmental
QualitY Act and, therefore, no environmental impact assessment is
necessary.
SECTION 5. As provided in Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Director of
Services
Administrative
Director of Utilities
City of pJo Alto
ATTACHMENT B
Budget Amendment Ordinances Impacting General Fund Reserves Approved=To-Date in 1999=00
Estimated Beginning Budget Stabilization Reserve (BSR) Balance
Adopted Budget Addition to BSR
Downtown Urban Design Improvements, CIP 19608
Salary and Benefit Increases Retroactive to July 1, 1999 for Management
and Confidential Employees
City Manager Executive Recruitment
Friends of the Palo Alto Library Grant
Arts Council of Santa Clara County Grant
Palo Alto Art Center Foundation Donation
Cost of Sound Wall for Tennis Facility at 3005 Middlefield Rd.
IT Strategic Plan
Citizens Options for Public Safety (COPS)
Local Law Enforcement (LLE) Block Grant
Downtown Parking Structure Feasibility Study, CIP 19530
Golf Course Management Agreement
City Membership in ChildrenFirst Back-up Child .Care Center
Police Department Table of Organization Change
Animal Services Fees
Major Intersection Improvements, CIP 19073
Johnson Park Lighting Improvements, CIP 19903
Telecommunications Consulting
$18,877,888
$1,214,000
($120,349)($120,349)
($432,200)($432,200)($432,200
($26,000)($26,000)
($58,0O0)$58,0O0 $0
($5,407)$5,407 $0
($10,000)$10,000 $0
’($50,000)($50,00O)
($250,100)$60,534 $189,566 $0 ($317,917
($135,901)$135,901 $0
($26,192)$26,192 $0
($308,000)($308,000)
($34,100)$103,900 $69,800
($26,000)($26,000)($26,000)
($10,000)$0 ($7,000)
($1,200)$1,750 $550 $1,700
($30,100)$30,100 $0 $0
($19,693)($19,693)$0
($62,500)($62,500)$0
BSR Balance After BA O’s $19,117,496
As of 3/1100
CONTRACT NO~
BETWEEN THE CITY OF PALOALTO AND
MILLER & VAN EATON, LLP
FOR CONSULTING SERVICES
This Contract No. is entered into ,
by and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and
MILLER & VAN EATON, LLP, a California Limited Liability
Partnership, located at 1155 Connecticut Avenue, N.W., Suite i000,
Washington, D.C. 20036-4306 ("CONSULTANT").
RECITALS:
WHEREAS, CITY desires certain ~profes~ional consulting
services (~Services") and the preparation and delivery of, without
limitation, one or more sets of documents, drawings, maps, plans,
designs, data, calculations, surveys, specifications, schedules or
other writings (~Deliverables") (services and Deliverables are,
collectively, the ~Project"), as more fully described in Exhibit
~A"; and
WHEREAS, CITY desires to engage CONSULTANT, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Project on the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION I. TERM
i.I This Contract will commence on the date of its
execution by CITY, and will terminate.upon the completion of the
Project, unless this Contract is earlier terminated by CITY. Upon
the receipt of CITY’s notice to proceed, CONSULTANT will commence
work on the initial and subsequent Project tasks in accordance with
the time schedule set forth in Exhibit ~A". Time is of the essence
of this Contract. In the event that the Project is not completed
within the 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.
00301 cl 0071825
SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS~
2.1 The scope of Services and Deliverables constituting
the Project will be performed, delivered or executed by CONSULTANT
under the phases of the Basic Services as described below.-\
2.2 CITY may order substantial changes in the scope or
character of the Basic Services, the.Deliverables, or the Project,
either decreasing or increasing the amount of work required of
CONSULTANT. In the event that such changes.are ordered, subject to
the approval of CITY’s City Council, as may be required, CONSULTANT
will be entitled to full Compensation for all work performed prior
to CONSULTANT’s receipt of the notice of change and further will be
entitled to an extension of the time schedule. Any increase in
compensation for substantial 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.
SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF
CONSULTANT
3.1 CONSULTANT represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services.and Deliverables. CONSULTANT further
represents and warrants that the project director and every
individual, including any consultant (or contractors), charged with
the performance of the Services are duly licensed or certified by
the State of California, to the extent such licensing or
certification is required by law to perform the Services, and that
the: Project will be executed by them or under their supervision.
CONSULTANT will furnish to CITY for approval, prior to execution of
this Contract, a list of all individuals and the names of their
employers or principals to be employed as consultants.
3.2 In reliance on the representations and warranties
set’.forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it ~ill execute or cause to be
executed, the Project.
3.3 CONSULTANT will assign MATTHEW AMES as the pro~ect
director to have supervisory responsibility for the performance,
progress, and execution of the Project. WILLIAM LOWERY will be
assigned as the project coordinator who will represent CONSULTANT
during the day-to-day work on the Project. If circumstances or
00301 cl 0071825
conditions subsequent to the execution of this Contract cause the
substitution of the project director or project coordinator for any
reason, the appointment of a substitute project director or
substitute project coordinator will be subject to the prior written
approval of the project manager.
3.4 CONSULTANT represents and warrants that it will:
3.4.1 Procure~ all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Project;
3.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract and any materials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and comply with, and cause
its employees and consultants, if any, who are assigned to the
performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
3.4.4 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 not less than one
(i) copy of any document which is a part of the Deliverables upon
their completion and acceptance by CITY. The actual number will be
established by mutual agreement of the parties.
3~7 If CITY requests additional~copies of any documents
which are a part of the Deliverables, CONSULTANT will provide such
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT will be deemed to be directly controlled
3
{30301 cl 0071825
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee 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 w~ll be discharged immediately from further
performance under this Contract on demand of the project manager.\
’3.9 In the execution of the Project, CONSULTANT and its
consultants, if any, will at all times be considered independent
.contractors and not agents or employees of CITY.
3.10 CONSULTANT will perform or obtain ~or cause to be
performed or obtained any andall 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 Contra~t; and
3.10.4 Other Additional Services now or hereafter
described in Exhibit "A" to this Contract.
3.11 CONSULTANT will be responsible for employing all
consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants must
be approved, in advance, by CITY, in writing, and must remain
acceptable to CITY during the term of this Contract.~
SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit ~A" and such information regarding its
requirements applicable to the Project as may be reasonably
requested by CONSULTANT.
4.2 CITY will review and approve, as necessary, in a
timely manner the Deliverables and each phase of work performed by
CONSULTANT. CITY’s estimated time of review and approval will be
4
00301 c10071825
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 t~ 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. LARRY STARR is designated as the
project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the Project,
and will be assisted byMOHAMMAD FATTAH, the telecommunications
manager.
4.4 If CITY observes or otherwise becomes aware of. any
default in the performance of CONSULTANT, CITY wfll 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 CONSULTANTo a fee not to exceed One Hundred Eleven
Thousand dollars ($iii,000.00). 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 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 t~riplicate, of itemized costs covering such work or
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
0(~301 c10071825
change order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
5.1.3 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work of employees assigned of CONSULTANT and employees of~those
subcontractors of CONSULTANT that have been approved by the CITY.
Included in the cost of direct personnel expense of these employees
are salaries and mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays and vacations,
pensions and similar benefits.
5.2 The schedule of payments will be made as ~follows:
5.2.1 Payment of the Basic Services will be made in
monthly progress payments in proportion to the quantum of services
performed, or in accordance with any other schedule of payment
mutually agreed upon by the parties, as set forth in Exhibit ~B",
or within thirty (30) days of submission, in triplicate, of such
requests if a schedule of payment is not specified. Final payment
will be made by CITY after CONSULTANT has submitted all
Deliverables,. -including, without limitation, reports which have
been approved by the project manager.
5.2.2 Payment of the Additional Services will be
made in ~monthly progress payments for services rendered, within
thirty (30) days of submission, in triplicate, of such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on a~count of penalties, liquidated damages, or other
sums withheld by CITY from payments to general contractors.
SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the Project will be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier terminationof this Contract.
6.2 The originals of the Deliverables prepared by or
under the direction of CONSULTANT in the performance of this
Contract will become the property of CITY irrespective of whether
the Project is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. These originals will be
00301 c! 0071825
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 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 moneywhich may become due hereunder will
not be deemedto 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, a~ 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.
00301 c10071825
7
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Ratinq Guide ratings of
A:VII or higher which are admitted to transact insurance business
in the State of California. Any~and all consultants of CONSULTANT
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this\Contract,identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
9.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
the CITY’s city clerk thirty (30) days’ prior written notice of
such cancellation or alteration, and that the Ci£y of Palo Alto is
named as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificatesof 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 poiicies of
insurance will not be construed to limit CONSULTANT,s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising~as a 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’ CQMPENSATION
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 terminatethis Contract, with or
00301 cl 0071825
without cause, by giving thirty (30) days’ prior written notice
thereof to CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item of Basic Services. Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract.
11.2 CONSULTANT may terminate this Contract or s~spend
its execution of the Project by giving thirty (30) days’, prior
written notice thereof to CITY, but’ only in the event 6f a
substantial failure of performance by. CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation.
or continuation of Basic Services or the execution of the Project.
11.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
Additional Services performed and Deliverables received .and
approved prior to receipt of written notice from CITY of such
suspension or abandonment,~together with authorized additional and
reimbursable expenses then due. If the Project is resumed after it
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary, approval of CITY’s City Council. If this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
.CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
11.4 In the event of termination of this contract or
suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as follows:
11.4.1 For approved items of services, CONSULTANT will
be :compensated for each~ item of service fully performed in the
amounts authorized under this Contract.
11.4.2 For approved items of services on which a
notice to proceed is issued-by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount wh±ch bears the same ratio to the total fee otherwise
payable for the performance of the service as~ the quantumof
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 servfce to be
furnished by CONSULTANT.
00301 cl 0071825
11.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately any and all copies of .
the Deliverables, whether or not completed, prepared by CONSULTANT
or its consultants, if any, or. given to CONSULTANT or its
consultants, if any, in connection with this Contract. Such
materials will become the property of CITY.\
11.6 The failure of CITY to agree "with CONSULTANT’s
independent findings, conclusions, or 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 a°ssign, 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.CONFLICT OF INTEREST
14.1 In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
00301 cl 0071825
I0
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 ~r employee of CITY; this
provision will be interpreted in accordance with the appl~cable
provisions of the Palo Alto Municipal Code and the Government Code
.of the State of California.
SECTION 15. NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of persons under this
Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of such
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agree~ 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 inExhibit "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 Ac~ or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or.suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. Only
a finding of the State of California Fair Employment Practices
00301 cl 0071825
11
commission or the equivalent federal agency or
constitute evidence of a breach of this Contract.
SECTION 16. MISCELLANEOUS PROVISIONS
officer will
16.1 CONSULTANT represents and warrants that °i~ has
knowledge of the requirements of the federal Americans with
Disabilities Act of 1990, and the Government Code and theHealth
and Safety Code of the State of California, relating to access to
public buildings and accommodations for disabled persons, and
relating to facilities for disabled persons. CONSULTANT will
comply with or ensure by its advice that compliance with such
provisions will be effected pursuant to the terms of this Contract.
16.2 Upon the agreement of the parties, any controversy
or ~laim arising out of or relating to this Contract0 may b~ 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.
12
00301 c10071825
16.9 If a court of cempetent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect°
16.10 All exhibits referred to in this Contract-and any\addenda, appendices, attachments,and schedules which, from time
to time, may be referred to in any~duly’executed amendment~hereto
are by such reference incorporated in this~Contract and will be
deemed to be a part of this Contract.
16.11 This contract may be executed in any number of
counterparts, each of which will be an original, but all of.which
together ~wil! 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 P~lo Alto Municipal
Code. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event.that funds are not appropriated
for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion Of
the fiscal year and funds for this Contract are no longer
available. This Section 16.12 will take precedence in the event of
a confl±ct with any other covenant, term, condition, ~or provision
of this Contract.
//
//
//
//
IN WITNESS WHEREOF, the parties hereto have by theirduly
authorized representatives executed this Contract on the date first.
above written.
ATTEST CITY. OF PALO ALTO
ToO~3 P.02/04 F-446
city Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant c~ty Manager
Mayor
MILLE~& VAN EATON, LLP ~
Director of Administrative
Services
Director of utilities
By :__
Title :~
TaXpayer Identification No.
Risk Manager
(Compliance with corp. Code ~ 313 is
,.requi;ed i£ the e~£icy on whose behalf
~hi~ con~rac= is signed is a corporation.
In ~hc al~Znative, ~ certified corporate
resolution atEesting to ~he signatory
auuhori~y of the in~ivlduals si~n~ng ~n
uheir respective capnci~ie~ is acceptable)
Attachments :
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C":
EXHIBIT "D":
SCOPE OF PRO~ECT & TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
000~01 1 0071825
Mar-Ol-O0 06:41pe FroP
CERTIFICATE O~ ACKNOWLEDGMENT
(Civil Code § 1189)
DISTRICT )
On March I , 2000, before me, the undersigned, aNotary public in and for said County and State, personally appeared
Nicholas P. Miller , personally know~ to
me of proved to me on the basis of satisfactory evidence to be the
person~) whose name(~) is/~Subscribed to the within instl~ument
and acknowledged to me that he!~MB~Ek~M executed th~ same in
his/~m~X~hT authorized capacity(~sR, and tha5 by his~r~
signature(~) on ~he instrument the person(~), or the entity upon
behal~ of which the person(~) act,¢d, executed the instrument.
WITNESS my hand.and official seal.
~ignature of Notary Public
Willet~e A. Hill
My Commission Expires 4/30/03
~6
EXHIBIT A
CONSULTING SERVICES FOR TELECOMMUNICATIONS POLICY DOCUMENTS
AND MATERIALS
SCOPE OF WORK
Task 1: Project Management
Conduct on-site briefing and kick-off meeting with the City’s committee. Meeting to
acquaint the staff with the consultants views on the relevant legal issues under
California and federal law, obtain the staff’s views on those issues and their effect on
the City’s policies and to familiarize the consultant with the current environment in the
City, and review in detail the work plan and timetable and begin scheduling and
coordinating meetings.
Task 2: Review and Possible refinement of Telecommunications Policies
Review the .City’s existing policy to determine whether the current policy properly
addresses all the issues raised in various meetings. Continually review and revise the
current policy as the project moves through the remaining tasks. At the completion of
Tasks 3 & 4, prepare a report suggesting speci~fic modifications to the policy. This
report to serve as the basis for performing Tasks 5 & 6. Report to describe the
applicable legal constraints and requirements within which the City must operate,
discuss the characteristics of an effective right-of - way management scheme, and
incorporate the findings of Task 3 & 4.
Task 3: Review City-Owned Property, including Utility Facilities, for siting
Telecommunications Facilities
Consultant will conduct a radio frequency propagation study to determine which City
sites are best suited for the placement of wireless telecommunications facilities. Task
to consist of the following steps:
A. Consultant to review any information the City has regarding current
placement of telecommunications facilities on city property, information from the
City regarding the exact location of the City sites as identified in the attached list,
including elevation of the sites, if available, and information regarding current or
preferred policies regarding siting in certain areas, such as residential areas of
the City.
Page 1 of 4
EXHIBIT A
B. Consultant will conduct a site visit, at which it will visit City sites and
determine whether they are likely to be suitable for locating facilities. Based on
this review, will prepare a list of approximately 20 sites, and a priority list of 6-8
sites. The priority list will include the sites most likely to be suitable, in view of
both industry needs, and City policy.
C. Consultant will contact wireless providers operating in the City and ask them
to attend a meeting to discuss where they currently have antennas and towers,
and where they anticipate needing additional coverage in the future.
D. Consultant will conduct a radio frequency propagation study on the priority list
sites, to determine their suitability in relation to existing facilities.
E. Consultant may conduct additional studies on additional sites at an additional
cost, if requested by the City.
F. Based on the general guidance developed in Task 1 and the technical
characteristics of each site, Consultant will make recommendations regarding
specific sites on which wireless facilities should be located, and the policies
governing such uses. The number and location of suitable sites will directly
affect the feasibility and ease of implementation of different overall policy
approaches. Two key questions to be answered will be how the public views
siting of facilities in residential areas, as well as the provisions of the current
Comprehensive Plan. Consultant will prepare a report that will present different
possible approaches, and identify how practical each approach will be.
Task 4: Review Procedures for Siting and Installation of Telecommunications
Facilities in the Public Rights=of-Way
Consultant will interview appropriate City staff to determine what the City’s current
procedures are and what issues concern the various departments. They will evaluate
that information in light of their views on best practices regarding rights-of-way and
telecommunications infrastructure management to assist the current procedures and
develop a comprehensive set of procedures to amend or supplement the existing ones.
This task will consist of the following steps:
Page 2 of 4
EXHIBIT A
A. Request City provide copies of any existing policies, ordinances, rules, forms
or other information regarding right-of-way and telecommunications facility
management in the City. Consultant will review this information and develop a
set of questions to gather additional information. ,
B. Schedule a series of on-site interviews with key City staff. Consultant wi!l
conduct these interviews to learn how the City currently handles these issues,
and identify problems and concerns from the viewpoint of the City staff.
Summaries of the interviews will be prepared, with possible follow-up questions
via E-Mail.
C. Consultant will evaluate the information gathered in the interviews, and
prepare a set for recommendations for dealing with right-of-way management
issues going forward. This will include policies for siting facilities on City-owned
sites. Consultant may decide later to interview telecommunications providers
and other right-of-way occupants, if necessary.
Task 5: Telecommunications Ordinances(s) and Resolution(s)
Consultant will draft a telecommunications ordinance and amendments to the zoning
ordinance. They will also prepare resolutions needed to implement the plan, as
proposed by the final draft of the report.
Task 6: Compile and Prepare a Telecommunications Manual and a General Public
Guidebook Based on the Manual
Consultant will use their report, the telecommunications ordinance, and the City’s draft
outline to aid in preparing the manual and applicant guidebook.
Task 7: Environmental Review
Consultant will prepare a brief environmental constraints report addressing the
likelihood that use of identified sites for locating telecommunications facilities would
have significant environmental effects. They will address the following issues with
respect to each site:
A. Potential presence/absence of subsurface archaeological resources
Page 3 of 4
EXHIBIT A
B. Proximity to historic resources
C. Visibility to sensitive receptors (residences, recreational facilities, open
space)
D. Increased runoff due to paving
E. Susceptibility to flooding
F. Loss of mature trees
This covers 5 site evaluations. Additional sites can be evaluated for $1400 each, if
requested by the City.
Optional Task:
Consultant will be available to attend Public Hearings or Council meetings at a price to
be negotiated relating to number of Consultant members necessary and travel
expenses.
Documents:
Consultant will provide 10 copies of all documents developed, such as Policies,
Ordinances, Telecommunications Manual, and Applicant Guide Book, along with the
Original in Hard Copy and in Electronic Format (Microsoft Word,7.0 or higher) on a
Diskette(s). Original for Manual and Guide book will be"Camera ready copy" suitable
for producing multiple copies, in addition to electronic format.
Attachments
Parks and Open Space Management System Site Information (4 pages)
Draft Telecommunications Manual Table of Contents
Final Proposal from Miller and Van Eaton
Final Proposal from Miller and Van Eaton for Environmental Portion of Project
Page 4 of 4
EXHIBIT B
CONSULTING SERVICES FOR TELECOMMUNICATIONS POLICY DOCUMENTS
AND MATERIALS
FEE AND WORK PLAN SCHEDULE
Work Item Completion by Cost
Task 1 Week 4
Task 2 Week 6 (Initial Doc Rvw)
Week 20 (Final Report
Task 3~Week 8
Task 4 Week 12
Task 7 Week 16
Task 5
Task 6
Expenses, Travel, & OH
Week 28
Week 36
During Project
Totals 36 weeks
$2500
$50,000
(Included in task 2)
(Included in task 2)
$7,000 (fo~" 5 sites; additional site
evaluations at $1400 each)
$20,oo0
$14,000
$17,500
$111,000
Page 1 of 1
ACORD, CERTIFICATE OF
PRODUCER
Near North Insurance Brokerage
875 North Michigan Avenue
19th Floor
Chicago, IL 60611
Miller & VanEaton, PLLC
1155 Connecticut Ave NW, #I000
Washington, DC 20036-4306
COVERAGES
LIABILITY iNSURANCE I DATE(MM,OD, 05/07/99
THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATIONONLYAND CONFERS NO RIGHTSUPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING’COVERAGE
,NSURER A:Ame r i c an Guar~-n-~----&--~-i~}~i~-~ ~-~-~ --
INSURER B:
INSURER 03
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN’ISSUED TO THE’ INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I-N-~I~ [ ..................
I ........% 0 "~ ~"]~=-’-"-~ ..........~-1- [dY~ ~E-~l~)[~ 1 PC LICY EXPIRATIOI~Ir ...........................LTR I TYPE OF INSURANCE r ~,~.,~u~,o~n DATE (MM/DDIYY)[DATE (MMIDDIYY}!LIMITS
! GEINERAL LIABILITYF.- -EACH OCCURRENCE $
FIRE DAMAGE (Any one fir,E $COMMERCIAL GENERAL LIABILITY
! } CLAIMS MADE~-_ ] OCCUR
[ GEN"L AGGREGATE LIMIT APPLIES pE~:
t POLICY [--~] ~cO’~ ,Ir~ L CO
i AUTOMOBILE LIABILITY
ALL OWNED AUTOSISCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
A
~GARAGE LIABILITY
--] ANY AUTO
EXCESS LIABILITY
i i DEDUCTIBLE
EMPLOYERS’ LIABILITY
~jOTHER Professional
lability
ILPLI6817302 112/01/98 12/0 /99
DE~~R~PT~~N~F~PERAT~~NS~L~CAT~~NS~~EH~CLES~EX~LU~~~NSADDEDBYEND~RSEMENT~SPE~~ALPR~v~S~~N~This policy is written on a claims-made form and provides
for lawyers’ professional liability.
Limits: $6,000,000/$6,000,000
MED EXP (Any one person)$
PERSONAL & ADVINJURY $
GENERAL AGGREGATE $
PRODUCTS-OOMP/OP AGG $
COMBINED SINGLE LIMIT(Ea accidenl)
BODILY INJURY(Per person)
BODILY INJURY(Per accident)
PROPERTY DAMAGE
(Per accident)$
A___UTO ONLY- EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY:AGG
EACH OCCURRENCE
AGGREGATE
WC STATU- I0~_.TORY L M TS
E.L. EACH ACCIDENT $
E.L.DISEASE-EA EMPLOYEE $
E.L. DISEASE-POLICY LIMrl! $
$
$
$
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coverage
CERTIFICATE HOLDER ! I ADDrnONALINSURED;INSURERLE-I-~pc
ACORD25"S(7/97)l of 2 #$9364/M7809
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBE D POLICIES BE CANCELLED BEFORE THE E~PIRA’TION
DATE THEREOF,THE ISSUING INSURER WtLL EN DEAVOR TO MAIL3~_ DAYS WRITTEN
NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT, BUTFAILURE TO DOSOSHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANYKIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
A .U.THORI~ZE D REPRESENTATIVE
14 0 ® ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ~
If SUBROGATION IS WAIVED, sulsject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by th4 policies listed thereon.
ACORD25"S(7197)2 of 2 #$9364/M7809
!USAA General Agency
9800 Fredericksburg RD.
SAN A!~fONiO, TX 78284-9836
INSURED
1155 CONNECTICUT N.W., 10TH FL
Washington, DC 20036
HOLDER,
ALTER THE
INSURER A: CNA
INSURER B;
INSURER C:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE US’lED BELOW HAVE BEEN ISSUI~D TO IHE INSURED NAMED
~ REQUIREMENT. TF.RM OR CONDFRON OF ANY CONTRACT OR OTHER DOCUMENT WITH
MAY pF-FITAIN. THE INSUBANC:F AFFOBDEO BY THE POUCI!:S DESOBIB£D HEREIN IS SUBJI=C:TPOLJCIE8. AGGREGATE LIMITS SHOWN MAY HAVF BEEN REDUCED BY PAID CLAIMS.
.PO.UC, NU~BER
B INDEX2 3 4 9 4 9
A AUTOMOBILE LIABILITY 9INDER234949
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON.OWNED AUTOS
O.aRAGE LIABILI’T7~AN¥
EXCESS L1A BILr~’
i._~J Occur ~ CLAIMS MADE
~------! DEOUCTIBLE
RETENTION S
WORKERS COMPENSATION AND
EMPLO~RS’ LIABILITY
BINDER234949
C~RTIFIC&TE DoEs NOT AMEND,. EXTEND O
COVERAGE AFFORDED BY THE POUCIES BELOW.
INSURERS AFFORDING COVERAGE
Transport at ion
FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING
TO WHICH THIS CEFITIF-ICATE MAY BE ISSUED ORALL THE TEFIMS. ED(CLUS~ONS AND CONDFI’IONS OF SUCH
EACHOOOURR~NOS ~1_, 000,00
MEDEX~IAnyonepe~=or,) =I0, 000
PERSONAL ~ ADVI~aUR~ =I ~ 000 ~ 00
DENERALAGaREaA~ =2 ~.,000, 00
Z.~oouc~s-COM~O.Aa~ =2 ~ 000 ~ ~0_0_0
COMBINED SINGLE LIMIT(Ea accldsnl)
BODILY INJ UR’~P=r p~reon)
BODILY INJURY
PROPERTY DAMAGE
AUTO ONLY-EAACC/DEN1
OTHERTHAN EAAGC
AUTO ONLY:AGO
EACHOCCURRENOE
POLICY EFFECTIVE POl~lCY E~JR~TIONDAT[~ ~MMIDD/~T DAT~ {MMIDD/Y~
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sl~000,00O
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05/02/99 0~/02/00
05/02/99 i0=./02/00
APP235031 05/02/99 0E/02/00 ~’IWOSTA~U-I~ ITORY LIMITSl
E.L. EAOH ACCIDENT
E.L.DISEASE-EA EMPLOT~ £
~E.L. D I~ASE-POLICY LIMIT
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHIOLE.~IEXCLUSIONS ADDED BY ENDORI;EMENT/GPECIAL
COVEP~AGE PROVIDED UNDER THIS POLICY INCLUDES COMI
ON AN OCCURRENCE BASIS (FORM CG0001 IS
AUTOMOBILE COVERAGE UNDER THIS POLICY INCLUDES
OWNED" VEHICLES ONLY & RESPECTIVE LIABILITY CODES
(See Attached Descriptions)
CERTIFICATE HOLDER I I AODmONALINSL~,~SURm~ CANCELLATION
MILLER & VAN EATON, P.L.L.C.O~T~HER~OF,THm
NOllU~ TO’rilE ~
IMPOS~ NO OBLIGA1
REPREBEITrATIV~S.
AU’rHORIZ~ D REPRE
1155 CONNECTICUT N.W., 10TH FL
WASHINGTON, DC 20036
ACORD~-S~mDI of 3 #3236
GENERAL LIABILITY
AS PART OF POLICY PACKAGE).
FOR "HIRED AND NON-
FORMS ARE PA!~T OF POLICY.
UC:E~; BE CANI::2£ LLE O BE]=OpIE[HE E)~T~All ON
IERWILLENDEAVORTO MAI!,...~uQ__ ba~S WRfrTEN
BUTFAJ~ TI:) DO SO S~LIAJ_L
ANt’ KIN O UPON THE INSURF_I%ITS AGENT~ OR
AMG e ACORD CORPORATION
S00’d ILE0 861~ 01i;:q3J,AON39V IV}I3N3D VVSfl ££:91 (N0~)66,EI-
DESCRIPTIONS (Continued fr
WORK~.~S COMPENSATION COVERAGE INCLUDES INSURANCE
CODE OF THE STATE OF CALIFORNIA (BROAD FORM COVE1
CNA INSURANCE COMPANY IS BEST RATED AI5.
PROPERTY DEDUCTIBLE UNDER THIS POLICY IS $250 PE]
om Page 1)
AS REQUIRED BY THE LABOR
OCCUIg_RENC~.
EXHIBIT "D"
PART II -PROPOSER INFORMATION ( MUST BE SUBMITTED WITH PROPOSAL) SECTION 300 A-
Provide The Information Requested Below
Or
Indicate "Not Applicable" IfAppropriate
Name of Proposer (Company)Address
Miller & Van Eaton 1155 Connecticut Ave NW Suite I000 ’Washington DC 20036
Proposer is a:
IRS Number: 52
Phone/Fax Number:
2006 i08
202-785-0600 phone
202-785-1234 fax
E!California Corporation
Corporation organized under the laws of the::~l;~e~ Dl,~tr~ et o~ ~,o]1~nbia
With head offices located at Wash!~.gt_~n DC
And offices in California at
California Limited Liability Company
El Sole proprietorship;, proprietor
(Fictitious business names (i.e. "D.b’.a."):
E~Partnership El Limited liability partnership
N." -- (List nam,e.s.,o.,f partners; state which partner.or partner~i, are m~lnagi, ng pa~dne.r(s)i.cnolas Hi±let - managing partner; Josepn van macon;
¯ .William Malone; Frederick Ellrod; Matthew Ames
Other (attach addendum with explanatory details).
How many years have you (or your firm) done business under the name listed above?3
15How many years of experience in work similar to work or services covered in this RFP?
Do Provide relevant references of contracts satisfactorily completed in the last three (3) years:
£lease see proposal for references
CUSTOMER COMPANY (NAME/ADDRESS)CONTACT/PHONE NUMBER DATE COMPLETED CONTRACT AMOUNT
CITY OF PALO ALTO RFP 1160t9A PAGE 1 OF 4
PART II -PROPOSER INFORMATION ! MUST BE SUBMITTED WITH PROPOSAL) SECTION 300 A
CUSTOMER COMPANY (NAME/ADDRESS)CONTACT/PHONE NUMBER DATE COMPLETED CONTRACT AMOUNT
(PLEASE PROVIDE ADDITIONAL SHEETS, IF NECESSARY)
Have you or your firm previously worked for the City of Palo Alto? ~ Yes X
above or if necessary provide information additional sheets).__ no ( if"yes", please list
If applicable, provide a list of the plant(s), and/or/facilities and equipment owned by the Proposer which are
available for use on the proposed work as may be required herein:
QUANTITY NAME, TYPE, MODEL, CAPACITY, ETC.CONDITION LOCATION
(PLEASE PROVIDE ADDITIONAL SHEETS IF NECESSARY)
Provide a list of the project’s management staff of the Proposer who will manage the proposed work:
NAME
Matthew" Ames
William Lowery (in San Francisco)
FIELD OF E~ERTIS~CAPABILITIES/E~ERIENCE
see proposal for qualifications
see proposal for qualifications
(PLEASE PROVIDE ADDITIONAL SHEETS IF NECESSARY)
Contractor’s license #/type:
Minority business enterpris,~s :
Proposer is . is not "~ a Minority or Women or Disadvantaged Business Enterprise.
Small Business Concern:~
Proposer is isnot,/’rk a Small Business Concern.
As required under Section 4100, et Seq., of ihe Public Contract Code, the Proposer shall list below the
names and business address of each subcontractor who will perform work under this Proposal in excess of
one-half of one percent of the Proposer’s total Proposal price, and shall also list the portion of the work
which will be done by such subcontractor. After opening of Proposals, no changes or substitutions will be
allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of
work to be performed with the words ’and/or’ will not be permitted. Failure to comply with this requirement
will render the Proposal as non-responsive and may cause its rejection.
NAME/ADDRESS SCOPE OF WORK
(to be determined during project)
CITY OF PALO ALTO RFP 116019A PAGE 2 OF 4
PARTII- PROPOSER
.3
INFORMATION ( MUST BE SUBMITTED WITH PROPOSAL) SECTION 300 A
NAME/ADDRESS SCOPE OF WORK
Or,[]
(PLEASE INCLUDE ADDITIONAL PAGES IF NECESSARY)
Subcontractors will not perform work or labor or render services to the undersigned, in or
about the work contemplated by this Proposal (check and initial).
Addenda
During the PrOposal process there may be change~ to the Proposal documents which would require an
issuance of an addendum or addenda. City disclaims any and all liability for loss, or damage to any
Proposer who does not.receive any addendum issued by city in connection with this RFP, and any
Proposer in submitting a Proposal is deemed to waive any and all claims and demands Proposer may have
against city on account of the failure of delivery of any such addendum to Proposer. Any and all addenda
issued by city shall be deemed included in 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 each addendum issued, the following acknowledgment and sign-
off is required. Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity
in the Proposal:
The Proposer acknowledges that Proposer has received, and the information contained in the
addendum/addenda listed below has been considered in the preparation of this Proposal.
Proposer confirm’s receipt of addenda by checking 6/) each addendum number Proposer has
received.
Or,
Addendum number(s) received:~1; ~ 2; ~ 3; ~4;
6; ~ 7; ~ 8; __.9;
No Addendum/Addenda Were Received (check and initial).
The Proposer additionally represents that Proposer has not retained a person to solicit or secure a city
contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee,
except for retention of bona fide employees or bona fide established commercial selling agencies for the
purpose of securing business.
Proposer’s designated contact
Name: Matthew C. Ames
Phone: 202-785-0600 x 4861
Title:Partner
Fax:202-785-1234
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 all Federal, State, and local
directives and executive orders regarding nondiscrimination in employment.
CITY OF PALO ALTO RFP 116019A PAGE 3 OF 4
PART II - PROPOSER INFORMATION ( MUST BE SUBMITTED WITH PROPOSAL) SECTION 300 A
P.The undersigned hereby agrees to, and accepts the terms and conditions of this RFP.
Note:California Corporations Code Section 313 requires two corporate officers to execute contracts.
*For corporations, the signature of First Officer* must be one of the following: Chairma-n of the
Board; President; or Vice President.
**The signature of the Second Officer** must be one of the following: Secretary; Assistant
Secretary; Chief Financial Officer; or Assistant Treasurer.
Proposer is required to provide a certificate in good standing from the State of California with its
Proposal.
Signatures:
First Officer*:
(MUST BE THE SAME SIGNATURE AS’~NILL APPEAR ON CONTRACT)
Second Officer**:
(PRINTED NAME OF SIGNATORY)
(MUST TI’~ ~’~AME SIGNATUI~ AS WILL APPEAR ONCONTRACT)
(PRINTED NAME OF SIGNATORY)
CITY OF PALO ALTO RFP 116019A PAGE 4 OF 4
PART II - INSURANCE REQUIREMENTS FORM 650
CONTRACTORS TO THE-CITY OF PALO ALTO(CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS AND FOR THE COVERAGE SPECIFIED
BELOW, AFFORDED BY COMPANIES WITH A BEST’S KEY RATING OF A:X~ OR HIGHER, LICENSED TO
TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
THE INSURANCE REQUIREMENTS CHECKED BELOW ARE REQUIRED BY THIS INVITATION FOR
PROPOSAL(RFP,):
TYPE OFCOVERAGE
WORKER’S COMPENSATION
AUTOMOBILE LIABILITY
COMPREHENSIVE GENERAL LIABILITY,
INCLUDING PERSONALINJURY, BROAD FORM
PROPERTY DAMAGE, BLANKET CONTRACTUAL,
AND FIRELEGALLIABILITY
COMPREHENSIVE AUTOMOBILE LIABILITY,
INCLUDING, OWNED, HIRED, NON-OWNED
PROFESSIONAL LIABILITY, INCLUDING, ERRORS
AND OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT PERFORMANCE
REQUIREMENT
STATUTORY
STATUTORY
BODILYINJURY
PROPERTY DAMAGE
BODILYINJURY&PROPERTY
DAMAGECOMBINED
BODILYINJURY
-EACH PERSON
-EACH OCCURRENCE
PROPERTY DAMAGE
BODILYINJURYAND
PROPERTY DAMAGE,
COMBINED
ALL DAMAGES
MINIMUM LIMITS
EACH OCCURRENCE
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
AGGREGATE
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER, AT ITS SOLE COST AND EXPENSE, SHALL
OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANTAGREEMENT, THE
INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS SUBCONTRACTORS, IF ANY, BUT
ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE,
NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
II.
II1.
INSURANCE COVERAGE MUST INCLUDE:
A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE’TO CITY OF CHANGE IN COVERAGE OR
OF COVERAGE CANCELLATION, AND,
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S
AGREEMENT TO INDEMNIFY CITY - SEE PART II SECTION 500, FORMAL CONTRACT(SAMPLE).
SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION
AND tV THROUGH .VI, BELOW.
A.NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
B.NAME, ADDRESS AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER:
CITY OF PALO ALTO RFP 116019A PAGE 1 OF 2
PART II - INSURANCE REQUIREMENTS
C.POLICY NUMBER(S):
FORM 650
DEDUCTIBLE AMOUNT(S) ( DEDUCTIBLE AMOUNTS IN EXCESS OF $5,0’00 REQUIRE CITY’S PRIOR
APPROVAL):
IV.
VI.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND PROPOSER’S
SUBMI’I-I’AL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS
SPECIFIED HEREIN.
ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES",
A.PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE
AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TC~ OR CONTRIBUTING WITH ANY
OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES.
B.CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM OR CORPORATION AS INSURES UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST
ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT
INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C.NOTICE OF CANCELLATION
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN
THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A
THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN
NOTICE BEFORE 3".HE EFFECTIVE DATE OF CANCELLATION.
PROPOSER CERTIFIES THAT P.ROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS:
Firm:
Signature:
Name:
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S),BELOW. SIGNATURE(S)
MUST BE SAME SIGI~ ~E(S) AS APPEAR(S) ON SECTION 300A.
Signature:
Name:
(PRINT OR TYPE NAME).
(PRINT OR TYPE NAME)
NOTICE(S) SHALL BE MAILED TO:PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303.
CITY OF PALO ALTO RFP 116019A PAGE 2 OF 2