HomeMy WebLinkAbout2000-06-26 City CouncilTO:
City of Palo Alto
City Manager’s Report
16HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:JUNE 26, 2000 CMR:262:00
SUBJECT:APPROVAL OF A CONTRACT WITH KENNEDY JENKS
CONSULTANTS IN THE AMOUNT OF $60,000 FOR SERVICES
ASSOCIATED WITH MINOR OR EMERGENCY REPAIR PROJECTS
AT THE WATER QUALITY CONTROL PLANT
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the City Manager or his designee to execute a contract with
Kennedy Jenks Consultants in the amount of $60,000 for services associated with
minor or emergency repair projects at the Water Quality Control Plant (RWQCP).
Authorize the City Manager or his designee to exercise the option to renew the
contract for the second and third years provided the cost of the renewal contract does
not exceed $60,000 per year, the contractor is responsive to the City’s needs, and the
quality of the contractor’s work is acceptable during the first year of the contract.
DISCUSSION
Project Description
Thework to be performed under the contract consists of engineering services associated with
minor or emergency repair projects at the RWQCP. In June 1996, Council awarded a
contract, renewable for three years, to Kennedy/Jenks Consultants (CMR:304:96). The term
of the contract will end in June 2000. The RWQCP continues to have the need for consultant
assistance in resolving problems associated with unexpected equipment break down or
process upsets. As the plant ages, staff anticipates the need for such urgent consultant
services to increase. These problems typically require immediate response and good
knowledge of the existing facility and process. Kennedy./Jenks Consultants was the original
design firm of the RWQCP, and its office is in the vicinity of the RWQCP. Its knowledge
of the original design and ability to respond immediately have attributed to the fast
restoration of the plant operation with minimal process interruption in past years.
CMR:262:00.Page 1 of 2
Staffbelieves that for projects of this nature, other consuRants would have to research and
become familiar with the existing design and technical information prior to providing its
assistance. Delays in the process recovery and significant additional cost to the City would
be inevitable. Staff has previously contacted two other consultant firms who are familiar
with wastewater processes: Montgomery Watson and CH2M HILL. Both consultant firms
agreed that Kennedy/Jenks Consultants is the most reasonable choice for services of such
nature. Since this agreement is for professional services, and Kennedy/Jenks Consultants has
demonstrated its competence on past projects of this nature, staff believes that it is in the best
interests of the City to forego the normal proposal solicitation process for this consultant
service, and award this contract to Kennedy/Jenks Consultants.
RESOURCE IMPACT
Funds for the first year of the contract have been appropriated in the FY 2000-2001
Wastewater TreatmentEnterprise Fund, Funds for subsequent years are contingent upon
Council approval of the budget for each year.
POLICY IMPLICATIONS
Recommendations of this staff report are consistent with existing City policies.
ENVIRONMENTAL REVIEW
This c6ntract is for minor and emergency repair projects that are categorically exempt from
CEQA.
ATTACHMENTS
Attachment A: CMR:304:96
Attachment B: Contract
PREPARED BY: Bill Miks, Manager RWQCP
DEPARTMENT HEAD:
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
¯
EMILY
.Assistant City Manager
CMR:262:00 Page 2 of 2
ATTA(~HMENT A
BUDGET 1996-98
City of Palo Alto
CityManager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: Public Works
AGENDA DATE: June 17, 1996 .CMR:304:96
SUBJECT:APPROVAL OF AN AGREEMENT WITH KENNEDY/JENKS
C ONSULTANTS FOR MINOR OR EMERGENCY
CONSULTANT SERVICES FOR THE REGIONAL WATER
QUALITY CONTROL PLANT
REOUEST
This report requests that Council approve a one year agreement, with options for two
additional year terms, with Kennedy/Jenks Consultants in the amount of $60,000 for the
first year. Ttie agreement will be .used only for minor consultant services on emergency
or fast-track plant repair projects at the Regional Water Qu-ality Control Plant-(RWQCP).
RECOMTvIENDATIONS
Staff recommends that Council:
-1.
8
Approve and authorize the Mayor to execute the attached agreement, with
Kennedy/Jenks Consultants in the amount of $60,000 for FY1996-97 for minor or
emergency services for th.e. RWQCP.
Authorize the. City Manager. or her designee to negotiate and renew the agreement
with Kennedy/Jenks Consultantsat the end of each year for a period not to exceed
three years, the total value of.each renewal-shall not exceed $60,000 ’per year
contingent upon Council approval of the budget for each subsequent year, and
provided that the prior year’s work has been satisfacto.ry.
POLICY IMPLICATIONS
This agreement will be used only for minor or emergency consultant services to assist plant
repairs and has no policy .implication.
EXECUTIVE SUM-MARY
In May 1994,Council awarded an annual agreement to Kennedy/~enks Consultants, with
option to renew up to three years, to assist the RWQCP on minor or emergency plant repair
CMR:304:96 Page 1 of 3
projects.- The term of the agreement will end this June. The RWQCP continues to require
consultant assistance in resolving problems associated with unexpected equipment
breakdowns or process. As the plant, continues to age, staff anticipates the need will
increase for such. urgent consultant services. These problems typically require immediate
response and good working knowledge of the existing facility and its processes.
Kermedy/Jenks Consultants was the original design firm of the RWQCP. In past years,
their knowledge of the original design and their ability to re~pond immediately, due to the
proximity of their offic.es, have. attributed to the fast restoration of plant operation with
minimal process interruption..
The RWQCP and the City also continue to require consultant technical assistance for
reducing corrosion-related copper discharges to the local sewer system. Kennedy/Jenks
consultants has performed two major investigations into controlling corrosion in local and
regional drinking water supplies: the June 1994 Internal Corrosion Control Study for the
Santa Clara Valley Water District and a series of four studies for the RWQCP completed
in 1995 and i996. These reports established the technical feasibility of the use of a
corrosion inhibitor in San Francisco Water District drinking water to reduce copper levels
in the drinking water and, therefore, in the discharge. Prudent contingency planning, for
future RWQCP permit requirements for copper discharges to the Bay, necessitates continued
monitoring of.drinking water corrosion reduction requirements, development and possible
implementation of a local pilot test of corrosion inhibitor addition, and consideration of policy
issues and environmental impacts ofp0ssible future addition of corrosion inhibitor to water
supplies in the RWQCP service area. Technical assistance for each of these activities may
be need.ed; the extent, of the assistance needed will depend on state and federal requirements
for corrosion control that have not yet been set and the nature ofpolicy and environmental
issues identified during contingency planning. -.
Staff believes, that for projects of this nature, other .consultants would have to research and
become familiar with the existing design and technical information prior tO. providing their
assistance. This. would cause inevitable delay in the process recovery as well as add
significant cost for’the City. Staff has contacted two consultant fn’ms who are familiar
with wastewater processes: Montgomery Watson and CI-I2M HILL. Both consultant firms
agreed’that Kennedy/Jenks Consultants is the most reasonable choice for services of such
nature. Since this. agreement is for professional servicesl and Kennedy/Jenks Consultants
has demonstrated their competence on past projects of this nature, staff believes it is in the
best interest of the City to forego the normal proposal solicitation process for this-consultant
service and award this agreement to Kennedy/Je.nks Consultants.
FISCAL IMPACT
Funds for the first year of the agreement have been appropriated in the FY. 1996-97
Wastewater Treatment Enterprise Fund. Funds for years two and three are contingent upon
Council approval of the budget for each subsequent year.
CMR:304:96 Page 2 of 3
ENVIRONMENTAL ASSESSMENT
The approval of this agreement does not onstitute a project under the California
Environmental Quality Act; therefore, an environmental assessment is not required.
ATTACHMENT
Agreement with Kennedy/Jenks Consultants
P~. PARED BY: Bill Miks, .Manager RWQCP
GLENN S. ROBERTS
CITY MANAGER APPROVAL:I
k,.) City Manager
CMR:304:96 Page 3 of 3
AGREEMENT
PROFESSIONAL ENGINEERING CONSULTANT" SERVICES
BY AND BETWEEN- THE~ CITYOF PALO ALTO AND
KENNEDY/JENKS CONSULTANTS, INC.
THIS.AGREEMENT is made and entered into this day of
1996,. by and between the CITY OF PALO ALTO, a
municipal corporation of California, hereinafter referred to as
"CITY," and KENNEDY/JENKS CONSULTANTS,.INC. (Taxpayer Identifica-
tion No. 94-2147007), a. California .corporation, .with offices at
2191 .East Bayshore Road, Suite 200, Palo Alto, CA 94303,
hereinafter referred to as "CONSULTANT";
W I TNE S S E~H: ~
WHEREAS, CITY desires certain professional services
hereinafter.described; and .. ¯
WHEREAS, CITY desires to engage CONSULTANT to provide
.these services during FY 1996-97 by reason of .its qualifications
and experience.for performing such services, and CONSULTANT has
offered to provide the required services.on, the terms and in the
manne~ set forth-herein; and
NOW, THEREFORE, in consideration of their mutual
covenants, .the parties hereto.agree as follows:
SE~TION.I & DEFINITIONS
!.I CITY
The term "City" as used in this Agreement shall mean ~nd
include all the territory lying within .the municipal boundaries of
the City of Palo Alto, California, .as presently existin~ plus all
territory which.may be added .thereto during the term Of this
Agreement.by annexation or otherwise..
The term "City Manager" shall mean the duly appointed
City Manager of the City of Palo Alto, California, or her
designated representative. ..
1.3 CITY A’gTORNEY
The term "City Attorney" shall mean the duly appointed
City Attorney of the City 0f Palo Alto, California, or his
designated representative.
960422 ~yn 0070958
1.4 CITY CLERK- ¯
The term "City Clerk" shall.mean the duly appointed City
Clerk of the City of Palo Alto, California, or her designated
representative.
1.5 RISK MANAGER
The term’"’Risk Manager",-shall mean..t.he duly appointed
Risk Manager of the City of Palo Alto, California, or his designat-
ed representative.
1.6 PROJECT
The term "Project" means the improvements described in
Exhibit "A" entitled "Scope of Work" &ttached hereto and made a
part hereof. .-
8ECTICiN 2 PROJECT COORDINATION
2.1 CITY
The City Manager shall be representative of CITY for all
purposes under this Agreement. Daisy. Stark is designated as the
PROJECT MANAGER for the City Manager, and she shall supervise .the
progress and execution of this Agreement.
2.2 CONSULTANT
CONSULTANT Shall assign a single PROJECT DIRECTOR to have
overall resp0ns~bility for the progress and execution of this
.Agreement- for CONSULTANT. Deeb Batsford hereby is designated as-
the PROJECT DIRECTOR for CONSULTANT. He shall also be assigned as
PROJECT COORDI.NATOR for CONSULTANT-and shall represent CONSULTANT
¯ during-the day-to-day work on the Project. Should circumstances or
.conditions subsequent to the execution of this Agreement require a
substitute PROJECTDIRECTOR or PROJECT COORDINATOR for anyreason
the PROJECT DIRECTOR or PROJECT COORDINATOR designee shall be
subject to the prior written approval of the PROJECT ENGINEER.
SECTION 3 - SCOPE OF PROJECT-
The scope of the Project to be executed by CONSULTANT
Under the phases of the Bas±c Services described in Section 4.1 of
this Agreement is as described in Exhibit "A" attached,hereto and
made a part hereof..
SECTION 4 DUTIES OF CONSULTANT
4.1 BASIC. SERVICES
Unless.otherwise indicated, CONSULTANT shall perform each
task and accomplfsh each objective described in Exhibit "A," "Scope
of Work." CONSULTANT’s Basic Services shall be ~furnished as
described in Exhibit "A".
960422 ~yn 0070958
2
4.2 ADDITIONAL SERVICES
CONSULTANT shall perform or obtain any and all of the
following additional services, not included under Basic Services,~
if so authorized’ in writing by CITY, and shall be paid as provided
in Section 6 of.this Agreement:
4.2.1 ~ Providing services as an expert, witness in.
connection with-any ~public hearing,, arbitration proceeding, or
proceeding of a court of record.
4.2.2 Incurring travel and subsistence expenses for
CONSULTANT and his staff beyond those normally required under Basic
Services. .-
4.2.3 .Performing any :other services that. may
agreed upon by the parties subsequent to the execution of this
Agreement.
4.2.4 ~uch services as defined in Exhibit "A".
4.3 GENERAL DUTIES OF CONSULTANT
4.3.1 CONSULTANT represents that it is qualified to
furnish the services described under this Agreement. CONSULTANT
further declares that one or more-members or employees of his firm
and that of its subconsultants, if any~ are licensed by the State
of California to perform their services and that these services
will be performed by them or under their supervision. CONSULTANT
shall furnish to CITY. for approval, prior to execution of each
task, a list of all firms or corporations to be employed as
subconsultants.
4.3.2 CONSULTANT states that it is aware of the
requirements of the Americans with Disabilities Act of 1990, and
the Government Code and the Health and Safety Code of the State of
California relating to access to public buildings and accommoda-
tions for.persons with disabilities, and relating to facilities for
persons with disabilities. CONSULTANT shall comply with such
provisions in carrying out the terms of this Agreement.
4.3.3 CONSULTANT shall furnish CITY with every
reasonable opportunity for CITY to ascertain that the ServiCes of
CONSULTANT are being performedin accordance with the requirements
and intentions of this Agreement.
SECTION 5 DUTIES OF CITY
5.1 CITY-shall provide information regarding its requirements
for the Project.
5.2 CITY shall examine documents, submitted by CONSULTANT and
shall render decisions pertaining thereto promptly, to avoid
unreasonable.delay in the progress of CONSULTANT’s work.
~60422 syn 00709.58
5.3 CITY shall furnish information as one in CITY’s files or
are at its disposal, a~ listed in Exhibit "A". ’
5.4 If CITY observes or otherwise becomes aware .bf any fault
or defect in the Project’ or nonconformance with the .contract
documents, CITY shall give prompt written notice thereof to
-CONSULTANT. .
5.5~ CITY .shall. furnish .promptly _information required by
CONSULTANT.
SECTION6- PAYMENT
Payment shall be made by CITY only for services rendered
and upon submission in triplicate of monthly progress payment re-
quests. Each invoice shall be itemized, as to the type of payment
described in this section.
6.1 CONSULTANT’S FEES
In consideration for the full performance of the Basic
Services and reimbursable expenses described in Section 4.1 of this
Agreement, CITY agrees to pay CONSULTANT a fee as established in
Exhibit A, not to exceed $60,000.00 annually for the services.
The amount of CONSULTANT’s compensation, shall be
calculated as Set forth in Exhibit "B", Schedule of Charges,
attached hereto, on a time and materials basis, .up to the maximum
amount set forth in this paragraph. 6.1.
6.1.1 Subconsultants. Fees for subconsul~ants, hired
directly by CONSULTANT, shall be approved by CITY.in advance of
incurring such fees.
6.2 PAYMENT SCHEDULE
6.2.1 For Basic Services Payments for. Basic
Services shall be made in progress payments in proportion to
services perfQrmed.
6.2.2 Deductions. No deductions shall bemade from
CONSULTANT’s compensation on account of penalty, liquidated
damages~ or other sums withheld from payments to contractors.
SECTION 7 -PROGRESS AND rCOMPLETION
7.1 TIME IS OF THE ESSENCE
It is Understood and agreed that time .is of the essence
of this Agreement, and" that, following receipt of Notice to
Proceed, CONSULTANT shall commence work on initial tasks of study
in accordance with the time. schedule, if any, in Exhibit "A". Work
On subsequent tasks shall proceed in accordance with said time
schedule.
960429 syn 0070958
4
7.2 TIME OF COMPLETION OF EACH PHASE
CONSULTANT agrees to perform the services within the time
limits set forth in Exhibit "A" provided, however, that any change
in the scope Of services or other changes due to CITY’s operating
requirements, or in connection with other contractors or consul-
tants operations, may require a revised time table.
CITY a~rees~to exercise due diligence.in .performing its
tasks, to implement CONSULTANT~s time table,
7.3 CITY’S REVIEW AND APPROVAL
Between each phase 0fwork there is a review and approval
period by CITY. CITY will exercise due diligence to.complete these
tasks.; however, it isrecognized that the interrelated exchange Of
¯ information among CITY’s various dep~rtments makes.it impossible to
set a .specific time schedule. Normally, CITY’s estimated period of
review and approval ~ill be’furnished to CONSULTANT at the time of
submission of .each-pnase~of work.
" 7.~4 EXTENSION OF TIME OF COMPLETION
In the"event the services called forunder this Agreement
are not completed by CONSULTANT within thetime specified, CITY
.shall have the.option to extend the time of completion: This para-
graphdoes not preclude the recovery of damages for delay of either
party. ....
SECTION,8 - CHANGES IN .WORK
CITY may order major changes in scopeor character of
wor~, either decreasing or increasing the amount of CONSULTANT’s
services. In the event that such changes are. ordered, CONSULTANT
shall be entitled to full compensation for all work performed, prior
to receipt of notice of change. Increased compensation for major
changes shall be determined in accordance with Section 6 of the
¯ Agreement, but in no event shall CITY be.liable for pa.yment unless
the amount of Suqh extra compensation shall first have been agreed
to in writing by. CITY.
~nthe eventthat majorchanges are orderedpursuant to
this section, the schedule for progress and completion in Section
7 of this Agreement and compensation shall be adjusted by negotia-
tion between CONSULTANT and CITY, subject to approval, if necessary
by the Palo. Alto City Council.
SECTI0~.t9 -TERMINATION OR SUSPENSION OF AGREEMENT
9.1 CANCELLATION BY CONSULTANT
CONSULTANT may terminate this Agreement or suspend work
on the Project upon thirty (30) days~ written notice to CITY, but
,only in the event of substantial failure of performance by CITYor
in the event CITY abandons or indefinitely postpones the Project.
960422 syn 0070958
9.2 CANCELLATION¯ BY CITY
Without limitation to such rights or remedies as CITY
shall otherwise have bylaw, CITY shall have the right to’terminate
this Agreement o9 suspend work on the Project for any reason, upon
fifteen (15) days’ written notice to CONSULTANT, or immediately
after submission to CITY by CONSULTANT of any completed item of
service specified ¯in Section 4 of ..this. Agreement. .CONSULTANT
agrees to cease all work under this Agreement upon receipt of said.
written notice.¯
9.3’COMPENSATION OF CONSULTANT IN THE
EVENT OF TERMINATION OF THIS AGREEMENT
In the event of termination of this Agreement or
suspension of work on the ~roject by either CITY or CONSULTANT,
CONSULTANT shall.receive compensation as follows:
9.3.1 For approved items of service.under.¯Section~4
of this Agreement, compensation shall be in. the amount outlined
under Section 6 of this Agreement for the items of service fully
performed by CONSULTANT.
9.3.2 For items of service on which a notice to
proceed has been issued by CITY, but which have not been fully
completed¯and approved, CONSULTANT shall be compensated for said
service in an amount which bears the same ratio to the total fee
otherwise payabie for the ¯performance of said service, as the
service actuallyrendered bears to the total service necessary for
the .full performance of said item of service.
9.3.3 In¯no event shallthe..total"compensation paid
in the immediately preceding ¯paragraphs~ exceed the¯-payment
specified in Section¯ 6 for the respective items of service to be
furnished by CONSULTANT.
9.3.4- Notwithstanding anything in the preceding para-
graphs, upon termination for fault of CONSULTANT, CITY shal! be
obligated to pay for only that ¯portion of the service which can be
incorp0rated in the Project.
9.4 DUTIES OF CITY AND CONSULTANT
Upon termination of this Agreement or suspensionof work
on the Project by either CITY or CONSULTANT, all duties of CITY and
CONSULTANT, as set forth in Sections 4 and 5 hereinabove, shall
terminate.
SECTION i0 -CONSULTANT’S ACCOUNTING RECORDS
Records .of the following expenses pertaining to the
¯ Project shall be kept by CONSULTANT according to generally accepted
accounting principles and shall be available to CITY at mutually
convenient times:
960422 syn 0070958 6
i0.i Direct personnel expenses~ including consultant expenses.
(See Section 6 of this Agreement.)
10.2 Expenses pertaining to Additional Services.
6 of this Agreement.)
(See.Section
¯SECTION ii -OWNERSHIP OF DOCUMENTS
ll.l Subject to the provisions of P~ragraph 11.2 below, the
original drawings, maps, plans, ¯designs, records of survey, work
"dat~, specifications, and other documentsprepared by CONSULTANT in
the performance of this Agreement, although instruments of
professional service, are and shall be .the property of CI.TY whether
the Project for which they are made is executed or not.¯
11.2 Upon termination under Section 9 of this Agreement and
upon CITY’s payment of the amount required.to be paid under the
same section the¯ originals and all drawings, calculations,
specifications and szmmlar documents become the property of CITY,
and CONSULTANT shall transfer themto CITY upon request without
additional compensation. CITY shall have the right to utilize any.
completed or uncompleted drawings, estimates, specifications, and
other documents-prepared hereunder by CONSULTANT; however, CIT~
shall indemnify CONSULTANT against any loss which .maybe caused to
CONSULTANT by such use and reuse.
SECTION 12 ~ INTEREST OF CONSULTANT; CONSULTANT INDEPEN-
DENT OF CITY ~
In accepting this Agreement, CONSULTANT agrees to meet
all requirements of the Conflict of Interest Code, including
completing the Conflict of Interest Form furnished by the CITY.
The form shall be signed by the CONSULTANT and shall¯ be madea part
Of this Agreement. .
professionaItl is expressly agreed that in the performance of the
servides required under this Agreement CONSULTANT,¯ and
any of its subconsultants or employees, shall, at all times be con-
sidered .independent contractors and not agents or employees of
CITY. ’
/SECTION 13 -OUTSIDE CONSULTANTS
CONSULTANT shall be responsible-for employing all outside
consultants .(subconsultants) necessary to aid ¯~ONSULTANT in the
performance of the services listed in Section.4 Of this Agreement;.
provided, however, that all such subconsultants shall receive prior
.approval of CITY in writing and shall remain ahceptabl~ to CITY.
during the term of this Agreement.
SECTION 14 INDEMNITY
CONSULTANT agrees to indemnify, defend and hold harmless
CITY, its officers, agents and-employees, from any and all demands,
960422 syn 0070958
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’, subcontractors’ or
employees’ negligent acts, errors, or omissions, or willful
misconduct, or conduct for which the law imposes strict liability
on CONSULTANT in the performance or failure to p~rform this
Agreement.
SECTION 15 INSURANCE
15.1 LIABILITY INSURANCE
15.1.1 CONSULTANT, at its sole cost and expense, shall
obtain and.maintain, in full force and effect throughout the entire
term of this Agreement, the insurance coverage described in Exhibit
"C", attached hereto, insuring, not .only CONSULTANT and its
subcontractors, if any, but also, with the exception of workers’
compensation, employer’s liability, and profession~l liability
insurance, naming CITY, its officers, agents and employees, and
each of them, wi£h respect to activities and services performed, by
CONSULTANT for or on behalf of CITYunder the provisions of this
Agreement as an addition insured. ~
15.~1.2 Certificates of such insurance, preferably on
the forms provided by CITY, shall be filed with CITY concurrently
with the execution of this Agreement or, with CITY’s approval,
¯ within ten (10)working days thereafter. Said certificates shall
be subject to the approval ~f the Risk Manager and shall contain an.
.endorsement stating that said insurance is primary coverage and
will not be cancelled or altered by the insurer except after-filing
with. the City Clerk thirty (30) days’ .prior written noticeof such
cancellation or alteration, and that the City. of Palo Alto is named
as an additional insured (except in policies ~f workers’ compensa-
tion, employer’s .liability,. and professional liability insurance).
Current certificates of such insurance.shall be kept On file at all
times.during the term of this Agreement with the City Clerk~
15..2 CORRECTION OF ANY ERRORS, OMISSIONS, AND AMBIGUITIES
.IN CONTRACT DOCUMENTS
Any e~rors, omissions, or ambiguities in the contract
documents which are discovered before the Project is out for bid
shall be corrected by CONSULTANT without cost to CITY. CONSULTANT
-Services required to make changes in construction resulting from
errors, omissions,.or ambiguities in the contract documents which
are .discovered.after the contract is awardedshall be performed by
CONSULTANT without cost to CITY only ins’ofar as they result in
unnecessary or non-beneficial changes in construction. CONSULTANT
services required to make Changes in construction .resulting from
errors, omissions, or ambiguities to the contract~documents which
are discovered after the contract is awarded shall be performed by
CONSULTANT and shall be paid for by CITY only insofar as they add
benefit to the construction work..
960422 ~yn 0070958
SECTI0~ 16 -WORKERS’COMPENSATION
UONSULTANT, ~y executing this Agreement, certifies that
it is aware of ~the provisions, of theLabor Code of the State~ of
iCalifornia which require every employer tO be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance withthe provisions of that Code, and certifies that
it will comply with such provisions before commencing the perform-
ance of the.work of.this .Agreement.
SECTION 17 -AGREEMENT BINDING
.. The terms, covenants, and.conditions of this Agreement
shall apply to, and shal! bind, the heirs, successors, executors,
administrators, assigns, and subcontractors of both parties.
SECTION 18 - NONASSIGNABILITY"
18.1 PERSONAL SERVICES OF CONSULTANT’
Both parties hereto recognize that this Agreement is for
the personal services of CONSULTANT and cannot be transferred,
assigned or subcontracted by CONSULTANT without the prior written
consent of CITY~
~8.2 SERVICES OF SUBCONSULTANTAND THEIR EMPLOYEES
CONSULTANT shall be responsible for employing or engaging
all persons necessary to perf.orm the services of CONSULTANT here-
under. No subconsultant of CONSULTANT will be recognized by CITY
as such; rather, all subconsultants.are deemed to be employees of
CONSULTANT, and it agrees to be responsible for their performance.
CONSULTANT shall give its personal attention to the fulfillment of
the provisions of this Agreement by all of its employees and sub-
consultants, if any, and shall keep the.work under its control. If
any employee or subconsultant of CONSULTANT fails or refuses to
carry out the provisions of this Agreement or appears to be
incompetent or to act in a disorderly or improper manner, he or she
shall be discharged immediately from the work under this Agreement
on demand of CITY.
SECTION 19 -.RELIANCE UPON PROFESSIONAL SKILL OF
CONSULTANT
It is ~utually understood and agreed by and between the
parties hereto uhat CONSULTANT is skilled in the .professional
calling necessary to perform the work agreed to be done hereunder
and that CITY relies upon the skill of CONSULTANT to do and perform
the work in t~e-most skillful, manner, and CONSULTANT agrees to thus
perform the work. The acceptance of CONSULTANT’s work by CITY does
not operate as a release of CONSULTANT from said obligation.
960422 syn 0070955
.SECTION 20 - WAIVERS
The waiver b~ either party of any breach or violation of
any term, covenant, .or condition of this Agreement or of any.
provision, ordinance, or law shall not be deemed to be a waiver of
any other term, covenant, condition, ordinance, or law or of any
subsequent breach or violation of the same or of any other term,
covenant~ condition, Ordinance, or law. The subsequent acceptance
by either party of .any fee. or other money which may become due
hereunder~ shall.not be deemed to be a Waiver of any precedihg
breach or violaZion by the other party of any term, covenant, or
condition of this Agreement or of any applicable-law or ordinance.
SECTION 21 -NO IMPLIED WAIVER
No payment, partial payment, acceptance, or partial
acceptance by CITY shall operate as a waiver on the part of CITY of
any of its rights under this Agreement.
SECTI0~ 22 -COSTS AND ATTORNEYS’ FEES
The prevailing party in any action brought to enforce the
terms of this Agreement or arising out of’ this Agreement may
recover its reasonable costs and attorney fees expended in
connection with such an action from the other party.
SECTION 23 - NONDISCRIMINATION; PENALTY
23.1 DUTY oF CONSULTANT.
No discrimination shall :be made in the employment of
persons under thisAgreement because of the race, color, national
origin, ancestry/ religion or sex of such person. If the value of
this Agreement 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 "Compliance Report--iNondiscrimination
Provisions of City of Palo Alto Contracts" on the form furnished by
CITY and attached hereto as Exhibit "D" and made a part hereof by
this reference. ~
CONSULTANT agrees that each agreement for services from
independent providers shall contain a provision, substantially as
follows:
"PROVIDER shall provide CONSULTANT with a
certificate s~ating that he (or she) is currentlyin
compliance with all Federal and State of California laws
covering nondiscrimin&tion in employment; that he (or~
she) will pursu.e an affirmative course of action as
required by the Affirmative ActionGuidelines of the City
of Palo Alt’o; and that he (or she) will not discriminate
in the employment of .any person under this contract
becauseof race, color, national origin, ancestry, sex or
religion of such person."
i0
960422 ~yn 0070958
23.2.PENALTY FOR DISCRIMINATION
If CONSULTANT is found in violation of the nondiscrimina-
tion provisions of the State of California Fair Employment
Practices Act or similar provisions of federal law or executive
order in the performance of this Agreement, it shall thereby be
found in material breach of this Agreement. Thereupon, CITY shall
have the power to cancel or suspend this Agreement, in whole or in
part, or to deduct from the amount payableS0 CONSULTANT the sum of
Twenty-Five Dollars ($25) for each person for each calendar day
during whichsuch person was discriminated against, as damages for
said breach of contract, or both. Only a finding of the State of
California Fair Employment Practices Commission or the equivalent
federal agency or officer shall constituteevidence of a violation
of contract under this section.
If CONSULTANT is found in violation of the nondis-
crimination .provisions of this Agreement .or the applicable
affirmative action~ guidelines pertaining. to this Agreement,
CONSULTANT shall be found in material breach of this Agreement.
Thereupon, ~CITY shall have the power to cancel or suspend this
Agreement, in wnole or in part, or to deduc£ from the amount
payable to CONSULTANT the sum of Two Hundred Fifty Dollars ($250)
for each calendar day during which CONSULTANT is found to have been
-in such noncompliance as damages for said breach of contract, or
both.. "
SECTION 24 ~ ARBITRATION
Upon agreement of the parties any controversy or claim
arising out of or relating to this Agreement may be settled by
arbitration in accordance~with the Rules of the American Arbitra-.
tion Association, and judgment upon the award rendered by the
Arbitrators may be entered in any court having~ jurisdiction
thereef.
SECTION 25 - NOTICES
.All notices hereunder shall be given in writing and
mailed, postage prepaid, by .certified mail, addressed as follows:
To CITY:
.With a copy
to:
Office of the City Clerk
P. O. Box 10250 ¯
Palo Alto, CA 94303
Project Manager
To CONSULTANT: Attention of the PROJECT DIRECTOR
at the address of CONSULTANT recited above
960422 ~yn 0070958
11
SECTION 26 ALL COVENANTS ARE CONDITIONS
All pzovisi6ns of this Agreement are expressly made
conditions.
SECTION 27 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entir@ and integrated
agreemenZ between~CITY and CONSULTANT and supersedes all prior
negotiations, representations, andagreements, ~either written or
oral.
This document may be amended only by w~itten instrument,
signed by-both CITY and CONSULTANT.
SECTION 28 - GOVERNING LAW.
T~is A~greement shall be governedby the laws of the State
of Californla. ~
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.-
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Mayor
City Manager
Deputy City Manager,
Administrative Services
Director of Publi-c Works
Risk Manager
Attachments :
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" .~
SCOPE OF WORK AND ADDITIONAL TERMS
SCHEDULE OF CHARGES
INSURANCE.
NONDISCRIMINATION COMPLIANCE FORM
960422 syn 0070958
12
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
On .~~ ~ , 1996, before me, ~~ ~ ,--~dli~5~,
a Notary Pu_~bllc i~. and ~or_said County and State, personally
appeared ~#~b~ ~q. ~J~0~ . , perso~allyknown to me
or proved to me on the Oasis of satisfactory evldence to be the
person(~+ whose name~) i__s/a~ subscribed to the with,in instrument
and acknowledged to me that he__/s~e~~ executed the .same in
hi_~!~e~ authorized capacity(ie~), andthat by his/her/their
signature(~ on.the instrument th~ person~s@, or th~-~ntity upon
behalf of which the~erson(~ acted, executed the instrument.
WITNESS my hand and o~ficial Seal.
Signature of Notary Public
960424 ~yn 0070958
13
EXHIBIT A
SCOPE OF WORK and ADDITIONAL TERMS
SCOPE OF WORK
The scope ofwork will consist of the following engineering .serv!ces associated with
small improvement or emergency repair projects at the PALOALTO REGIONAL
WATER QUALITY CONTROL PLANT. Work assignments, schedules, and. fee will
be established by the Project Manager for each project and agreed by CITY and
CONSULTANT in writing and shall be deemed incorporated herein and made a part.
hereof by reference. The individual work assignments may include, but not be
limited to, the following: ..
Perform investigations-and engineering calculations to determine the
material,~trength, size, and other elements pertaining to plant equipment
and structures;
Prepare final design drawings, and specifications;
Review existing facilities and plant processes;
Provide emergency response to review and evaluate plant process upsets,
equipment failures, public complaints; .
Prepare engineering reports;
Attend consultation meetings to formulate ideas and Concepts for plant
modifications and improvements;
Review calculations, design drawings and specifications prepared by City
staff ot third party;
Perform construction observation and construction management for plant
modifications and repairs;
Assist in-developing compliance actions to meet emerging regulations;
P.rovide technical support for RWQCP service area consideration of
corrosion control of local water supplies for purposes of reducing copper
levels in RWQCP wastewater discharges. Robert Ryder, Ph.D., and Tom
910716 syn 0070087 exb.1
TERM
Yeager, P.E. shall be made available to assist the City on this task. Specific
tasks mayinclude (but will not be limited to):
monitoring California Department of Health Services and U. S.
Environmental Protection Agency actions regarding corrosion inhibitor
addition requirements to control lead and copper levels in the local water
supply;
attending meetings to explain and expand on technical information contained
in reports prepared by Kennedy/Jenks Con.sultants for the City of Palo Alto
and the Santa Clara Valley Water District; and
performing engineering investigations and calculations relating to pilot testing.
and possible future implementation of a local corrosion control program.
OF CONTRACT; RENEWAL
The term of this Agreement shall be for an initial period of three, yeats from the
Effective Date. The Effective Date shall be the Date of Execution of this
Agreement. On the third anniversary of the Effective Date and on each anniversary
of the Effective Date thereafter, the Consultant shall submit to the City a,n updated
¯ schedule of charges in effect at that time. The updated schedule of charges will
then become a part of this Agreement. this Agreement shall be automatically
renewed for an additional one year term unless either party delivers notice to the
Other party not less than thirty days prior to the termination date of the then current
term of the.Agreementthat the Agreement will not be renewed. In addition, this
Agre,ement may be either suspended or terminated pursuant to section 9 of the
Agreement. ¯ ¯ ¯
--- END ---
910716 syn 0070087:exb.2
Client/Address:City of Palo Alto
P.O. Box 10250
Palo Alto, CA 94303
Contract/Proposal Date: 1 April 1996
Schedule of Charges
Personnel Compensation
Classification
Kennedy/J enks Consultants
Hourly Rate
January 1, 1996
Drafter/Technician ..........................................$ 57
Designer/Senior Technician .........................- ...........72
Staff Engineer-Scientist .......................................66-
Senior Staff Engineer-Scientist ..................................73
Engineer-Scientist ..........................................86
Associate Engineer-Scientist ....................................96
Senior Associate Engineer-Scientist .............................110
Senior Engineer-Sc!entist .....................................122
Principal Engineer-Scientist ..................................135
Senior Principal ............................................140
Word Processor ..................................." ...........48
Non-Technic~i" . ...........-. ................................37
*Non-technical time will be charged only for preparation of technical reports and similar material and does not
apply to routine administrative-type activities.
The above Hourly RateS include normal and incidental costs such as routine copying, communications, postage
and office supplies.
Direct Expenses "
Reimbursement for direct expenses, as listed below, incurred =n connection with the work, will be at cost plus
ten percent for items such as:
a.Maps, photographs, reproductions, ~rinting, equipment rental, and special supplies related to the work.
b.Consultants, soils engineers,.surveyors, contractors and other outside services.
c.Rented vehicles, local public transportation and taxis, travel and subsistence.
d.Specific telecommunications and delivery charges.
e.Special fees, insurance permits, and licenses applicable to the work.
f.Outside computer processing, computation, and proprietary programs purchased for the work.
Reimbursement for owned automobiles, exce0t trucks and four-wheel drive vehicles, .used in connection with the
work will be at the rate of 35e per mile. The rate for trucks and four-wheel drive vehicles will be $25 per day and
~,Oe per mile.
ReimbUrsement for use of microcomputers will be at the rate of $10 0or hour. Reimbursement for use of com-
puterized drafting systems (CADD) will be at the rate of $20 per hour for m=crocomputer based systems and
$25 per hour for minicomputer based systems.
Rate for professional staff for legal proceedings or as expert witnesses will be at a rate one and one-half times
the Hourly Rates specified above..
In-house laboratory analys=s, sampling vehicle, and equipment charges will be.per current rate schedule or
special quotation.
Excise and gross receipts taxes, if any, will be added as a direCt, expense.
Additional processing charges will be added for Other lhan standard invoice backup documentation.
The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective Jar~uary 1, 1996
through December 31 1996. After December 31, 1996, invoices will ’ reflect the Schedule of Charges currently in effect.
DEALEY, RENTCN & ASSOCIATES
P.O. BOX 12675
OAKLAND,CA 94604-2675
ATT= DAVID EGKMAN/FAX 452-2193
510-465-3090
KENNEDY/JENKS CONSULTANTS
MARATHON PLAZA, IOTH FLOOR
303 SECOND STREET
SAN FRANCISCO, CA 94107
CONFERS NO RIGHTS UPON THE CERTIFICATE HOEDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORD~IG COVERAGE
CO~A~~tt~A DESIGN PROFESSIONALS INS. CO.
CO~A~~,~ B CCI~/~ERCE & INDUSTRY INS. CO.
CO~A~
~TT~ . C "THE P~ERICAN INSURANCECO.
~3T~ D .NATIONAL SURETY CORP.
o~
A PROFESSIONAL PL700095
LIABILITY INCL.
General/Auto Liability Additional Insured:
agents, an# employees. Coverage is primary
I
~IJt4BRELLA
OTHER THAN LWIBRELLA FOFOvl
WOOER’| ~I~:~N~ATION
EI4H.OYE~S’ LIAB.LITY
MXAS0154891
WC80692328
P~4JOV ~Y~OT r~
DATE (MIdlCOIY~t~
10101195
10/01/95
1101196
9115195
pO(.IOY ~ RATIO#
10/01196
10/01196
1101/97
10101198
LIMITS
6ENERAL ADBREGME $ , 2’, 000,000
PROnUCT$-CCI’,4P/OP AGO.$ 2,000,000
PERSONAL & ADV. INJURY $ 1,000 ,000
EAcH OCCURRENCE $ " 1 .000,000
FIRE D/~=~LAGE (A~ o~e fire)$
MED. EXPENSE (A~ o~e person $
CC~4BINED SINGLE I ¯LIMIT 1 . 000,000
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accidenl)
PROPER~Y D.~VIAGE $ . .
EACH OCCURRENCE $
AGGREDME $
EACH ACCIOENr ;1,000,000
OISEASE-POLICY LIMIT $ 1,000,000
01SEASE-EACH EMPLOYEE $ 1. 000.000
$1,000,000 PER
CLAIM and ANNUAL
A~,~REGATE
City of Paid Alto, its officers,
insurance.
~;]~~’~~~’~$~’~’~:’~’~’~’:"~~~S’~I~’=~’POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EP;D~’,’CR T~
MAIL. 30 DAYSWRITTENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHE
, City of Palo Alto ~:~ LEFT,3VT ~JT: :~ ~.IP~IY,I~ ...........................Plant Eng ineer~CP ..................~:~=.~..~ .
Paid Alto,~:~__ ~~" .~BY r.~ -
AUTOMOgLE LI~LITY
.~X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
~X HIRED AUTOS
NON-OWNED AUTOS
6AHADE LIABILITY
GL3407252
O0 TVP~ Of IN~JRM~IOE pO~IOY NUMI~
LI~
T~i~i~ TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSU
INDICATED, NOT WITHST ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLIvIENT 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. LlvgTS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS.
CERTIFICATION of NONDISCRIMINATION
|
SECTION 410
Certification of Nondiscrimination: As suppliers.of goods or services to the City of Palo Alto, the
firm and individuals listed below certifies that they do not discriminate in employment with regards
to age, race, color, religion, sex, national origin,, ancest~, disability, or sexual preference; that they.
are in compliance with all Federal, State and local directives and executive orders regarding
nondiscrimination in employment;, and that they agree to demonstrate positively and aggressively
the principle of equal opportunity in. employment.
The Bidder agrees specifically:
1.0 To establish or observe employment policies
opportunities for minority persons at all job levels.
which affirmatively promote
2.0 To communicate this policy to all persons concerned, including all em~!oyees,
outside r..ecruiting services, especially those serving minority communities, and tO the
minority ~ommunities at large.
3.0 To take affirmative action steps to hire minority employees withih the organization.
4.0
affirmative action policies and provide opportunities for employees,..
Kennedy/Jenks Consultants, Inc.p,~TI~; April 2,
To be knowledgeable of the local, state, and federal laws and regulations concerning
Title of Officer 8ignL~ Vi ce Presi d.ent
Please include any additional information
programs now in effect within your company.
1996
available regarding equal opportunity employment
See attached Affirmative Action Plan on following page.
(Pleasea~achadd~onalpages~nece~a~)
¯ CITY of PALO ALTO: Non-discrimination (6/94)
END OF SECTION
SECTION 410-1
Equal Employment Opportunity and Affirmative Action Policy
It is the policy of Kennedy/Jenks Consultants in accordance with federal and state laws to recruit,
employ, train, compensate, transfer, and promote people without regard to race, color, religion, sex,
age, ethnic or national origin, disability, Vietnam era veteran status, medical condition, ancestry,
marital status or any other factor Unrelated to their performance of job requirements.
This policy is stated verbatim in the company’s Employee Manual in Section 3, Personnel Policies
and Procedures.
Donald R. Weiden, Executive Vice President, is the company’s Equal Employment Officer, and is
responsible for the implementation of the c6mpany’s EEO/AA policies, plans and programs.
The Equal Employment Opportunity and Aff’umative Action Policy of Kennedy/Jenks Consultants
includes the following:
o
Treat all employees and,..applicants for employment without regard to race, color, religion, sex,
age, national origin, veteran status, disability, medical condition, ancestry or marital status. "
Afford equal opportunity and equal consideration to all applicants and employees in all
employment decisions and personnel actions including recruiting, selection and employment,
training, promotion, compensation and benefits, working eo.nditions, transfer, layoff,
termination, and reinstatement. -.
Base all employment and promotion decisions solely on individuals’ qualifications for the
positions to be filled.
Offer on-the-job training, guidance and encouragement to all employees to advance them to the
optimum of their individual capabilities.
Make an outreach effort to provide full employment opportunities for members of minority
groups and women at all job levels, particularly where they are under-represented, through
recruiting and training/development actions;
Monitor progress of minority and women employees to ensure that they are free from systemic
discrimination in personnel actions.
Consider Affh-mative Action goals along with other goals of the company; and evaluate
management performance on the progress toward the achievement of affirmative action goals as
well as business goals.
Continually review and evaluat~ employment practices and personnel actions to ensure the
equal Employmer~t Opportunity and Affirmative Action Policy is implemented throughout the
organization.
ATTACHMENT B
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
KENNEDY/JENKS CONSULTANTS, INC.
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
KENNEDY/JENKS CONSULTANTS, a California corporation, located at
2191 Bayshore Road, Suite 200, Palo Alto, CA 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., 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 ’~";
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 cormmence 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.
SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS
2.1 The scope of Services and Deliverables constituting
the Project will be performed, deliveredor executed by CONSULTANT
under the phases of the Basic Services as described below.
000501 el 0053586
2.2 CITY may order substantial changes in the scopeor
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
ent±tled 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 perfo~manbe of any such change in work.
2.3 Where the Project entails the drafting and
submission of Deliverables, for example, construction plans,
drawings, and specifications, any and all errors, omissions, or
ambiguities in the Deliverables, which are discovered by CITY
before invitations to bid on a constrhction project (for which theDeliverables are required) are distributed by CITY, wi!l. be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
2.4 Any and all errors, omissions, or ambiguities ~n the
Deliverables, which are discovered by CITY after the const~ruction
contract is awarded by CITY, will be corrected by CONSULTANT, as
follows: (a) at no cost to CITY insofar as those Services~
including the Basic Services or the Additional Services, as
described below, or both, will result in minor or nonbeneficial
changes in the construction work required of the construction
contractor; or (b) at CITY’s cost insofar as those Services,
including the Basic Services or the Additional Services, or both,
will add a direct and substantial benefit to the construction work
required of the .construction contractor. The project manager in
the reasonable exercise of his or her discretion will determine
whether the Basic Services or the Additional Services, or both,
will contribute minor or substantial benefit to the construction
work.
SECTION 3.
CONSULTANT
QUAiIFICATIONS, STATUS, AND DUTIES OF
3.1 CONSULTANT represents and warrants thatit 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 (.including CONSULTANTs),
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
000501 e1,0053586 2
supervislon. CONSULTANT will furnish to CITY for approval, 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 asslgn John Wyckoff as the project
director to have supervisory responsibility for the performance,
progress, and execution of the Project. John Wyckoff 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 If requested by City, procure all permits and
!i~enses, 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 Use due care to keep itself fully informed of
applicable existingand 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 a minimum of three
(3) .copies of any documents which are a part of the Deliverables
upon their completion and acceptance by CITY.
000501 el 0053586 3
, 3.7 If CITY requests additional copies of any documents
which are a part of the DeliveraSles, CONSULTANT will provide such
additional copies and CITY. will compensate. CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will~ be responsible for employing or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT will be deemed to be-directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee or consultant of CONSULTANT fails or
refuses to carry 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 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 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
3.10.4 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. ~
000501 cl 0053586 4
4.2 CITY will review and approve, as necessary,
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 approve within the estimated time schedule will not
constitute a default under this Contract.
4.3 The cit.y manager will represent CITY for all
purposes under this Contract. Daisy Stark is designated as the
pro]act manager for the city manager. The pro3ect manager will
supervise the performance, progress, and execution of the Project.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT, CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5.COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
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 Thousand Dollars
($60,000.00) per year for the term of this contract. Total
compensation shall not exceed One hundred eighty thousand dollars
($180,000.00) total. 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 rlght to refuse payment of
such fees, if such prior approval is not. obtained by CONSULTANT.
5.1.2 The ful% 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 coverlng 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
change order preparation, which is made netessary on account of
CONSULTANT’s errors, omissions, or oversights.
000501 cl 0053586
5.1.3 Direct personnel expense of employees assigned
to the execJtion of the Project by CONSULTANT will include only the
work of architects, engineers, deslgners, job captains, surveyors,
draftspersons, specification writers and typists, in. consultation,
research and design, work in producing drawings, specifications, and
other documents pertaining to the Project, and in services rendered
during construction at the site, to the extent such services are
expressly contemplated under this Contract. Included in the cost
of direct personnel expense of these employees are salaries and
mandatory and customary benefits such as statutory employee
benefits, insurance, sick leave, holidays and vacations, pensions
and similar benefits.
5.2 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 aft.er CONSULTANT has submitted all
Deliverables, including, without limitation, reports which have
been’appr0ved by the project manager.
5.2.2 Payment of the Additional Services will be made
in monthly progress payments for services rendered, within thirty
(30) days of submission, in triplicate, of such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties~ liquidated damages, or other
sums withheld by CITY from payments to general contractors.
SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expensesincurred 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 acgounting 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
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
000501 e! 0053586 6
CONSULTANT. CITY shall indemnify CONSULTANT for any responsibility
or liability for any.use of.such documents for Other than their
intended use or for 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 deat~h 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 omlssions, 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 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 CIT.Y will operate as a walver 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
thisContract, the insuranc~ coverage described in Exhibit "C",
insurmng not only CONSULTANT and its consultants, if any, but also,
with the exception of workers’ compensation, employer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:VII or higher which are admitted to transact insurance business
fn 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
000501 ~I 0053586
Contract,identical insurance Coverage, naming CITY
additional insured under such policies as required above.
as an
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 for the full and total amount of any
damage, injury, or loss caused by or directly arising.as a result
of the negligent Services performed under this Contract, including
such damage, injury, or l.oss 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 submisslon 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 suspend
its execution of the Project by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
000501 C10053586 8 -"
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 afterit
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiati0n and, if
necessary, approval of CITY’s City Council. If this Contract is
suspended or terminated on account of a defaultby 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 of
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 servlce
in an amount which bears the same rati0to 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
Deli.verables, 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 thepart
of CONSULTANT to fulfill its.obligations under this Contract.
000501 c10053586 9
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 t~ 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 begiven, 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 City Project
Manager:Daisy Stark, RWQCP
2501. Embarcadero Way
Palo Alto, CA 94303
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 14.CONFLICT OF INTEREST
14.1 In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and will not. acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
services.
14.2 CONSULTANT further covenants- that, in the
performance of this Contract, it wiil not employ contractors-or
persons having such an interest mentioned above. CONSULTANT
certifies that no one who has ~r 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
provlsions of the Palo Alto Municipal Code and the Government Code
of the State of California.
000501 el 0053586 1 0
SECTION 15~i NONDISCRIMINATION
15 1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of persons under this
Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of such
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet all
requirements of the. Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "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 t~at
[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 provlsions of the State .of California Fair
Employment Practices Act or similar provisions, of Federal law or
executive order in the performance of th±s Contrac{, 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 bre~ch of contract, .or both. Only
a finding of the .State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a brgach of this Contract.
15.4 If CONSULTANT ~s found in default of the
nondiscrimination provisions of this Contract, CONSULTANT will be
found in material breach of this Contract. Thereupon, .CITY will
have the power to cancel or suspend this Contract, in whole or in
part, or to deduct from the amount payable to CONSULTANT the sum of
two hundred fifty dollars ($250) for each calendar day during which
CONSULTANT is not in compliance with this provislon as damages for
breach of contract, or both.
000501 c10053586 11
SECTION 16. MISCELLANEOUS PROVISIONS
16.1 C~NSULTANT represents and _warrants that it ’has
knowiedge of the requirements of the federal Americans with
Disabilities Act of 1990, and the Government Code and the Health
and Safety Code of the State of California, relating to access.to
public buildings and accommodations for disabled persons, and
relating to facilities for disabled persons. CONSULTANT 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 ~nerican
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 a~tion 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 deeme¢ 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.
000501 d 0053586 1 2
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 Contracn.
16.11 This Cbntract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
16.12 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the eventthat funds are not appropriated
for the following fiscal year~ or (b) at any time wlthin a fiscal
year in the event that funds are on-ly appropriated for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section 16.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
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000501 ~ 0053586
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:
City Attorney
APPROVED:
Assistant City Manager
Mayor
KENNEDY/JENKS CONSULTANTS,
INC.
Title:
Director of Public Works
Director of Administrative
Services
Risk Manager
(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 signlng in
their respective capacities is acceptable)
Attachments :
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C":
EXHIBIT "D":
SCOPE OF PROJECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
000501 el 0053586 14
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
On /~/ /~/~-- , 2000, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
~ ~.~/~<~’~,OW’~ ~,/_~-/,e~d ’ , personally known, to
me or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) i~/are subscribed to the within instrument
and acknowledged to me that b~/they executed the same in
hi--r/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.
000501 el 0053586 15
EXHIBIT A
SCOPE OF WORK and ADDITIONAL TERMS
1.SCOPE OF WORK
The scope of work will consist of the following engineering services associated with
minor or emergency repair projects at the Palo Alto Regional.Water QualityControl.
Plant. Work assignments; schedules, and the not-to-exceed fee computed on a time
and material basis in accordance with the hourly rate set forth in Exhibit. B, w.ill= be
established by the P~oject Manager for each project and agreed by City and
Consultant in writing and shall be deemed incorporated herein and madea part-hereof
by reference. The individual work assignments may include; but not be limited to, the.
following:
Perform investigations and engineering calculations tO determine-the material, - ¯
strength, size~ and other elements pertaining to plant equipment and structures;.
Prepare final design.drawings and specifications;
Review existing facilities and plant processes; . .-
Provide eme.rgency response to review and evaluate plant process upsets,
equipment failures, public complaints;
Prepare engineering reports;
Attend consultation meetings to formulate ideas and concepts .for plant
modifications and improvements;
Review calculations, design, drawings-and, specifications prepared by City staff
or third party; ,
Perform construction observation and construction management for plant
modifications and repairs;
Assist in developing compliance actions to meet emerging regulations;
TERM OF CONTRACT; RENEWAL
The term of this Agreement shall be for an initial period of three years from the
Effective Date. The Effective Date shall-be the Date of Execution of this Agreement.
On each anniversary of the Effective Date, the Consultant shall submit to the City an
updated schedule of charges-in effect at that time. The updated schedule of charges
will then become a part of this Agreement ifagreed to by City. This Agreement may
be either suspended of terminated pursuant to section 11 of the-Agreement.
2
Client/Address:
Contract/Proposal Date:
City of Palo Alto
P.O. Box 10250
Palo Alto, CA 94301
June 2000
Kennedy/Jenks Consultants
Schedule of Charges Januaw 1,2000
Personnel Com pensation
Classification Hourly Rate
Drafter/Technician ........................................................................................$66
Designer/Senior Technician ..........................................................................$78
Staff Engineer-Scientist ................................................................................$74
Senior Staff Engineer-Scientist-Specialist .....................................................$84
Engineer-Scientist ........................................................................................$98
Associate Enginee r-Scientist ......................................................................$1,15
Senior Associate Engineer-Scientist .............................~ .............................$125
Senior Engineer-Scientist ..............................~ ....................................., ......$140
Principal Engineer-Scientist ........................................................................$150
Senior Principal ..........................................................................................$160
Project Administrator/Word Processor* .........................................................$54
Non-Technical* .............................................................................................$42
*Time will be charged for preparation of technical reports/materials, and project specific administration and
documentation.
The above Hourly Rates include normal and incidental costs such as routine communications, postage and office
supplies.
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus
ten percent for items such as:
a.Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work.
b.Consultants, soils engineers, surveyors, contractors, and other outside services.
c.Rentedvehicles, local public transportation and taxis, travel and subsistence.
d.Specific telecommunications and delivery charges.
e.Special fees, insurance, permits, and licenses applicable to the work.
f.Outside computer processing, computation, and proprietary programs purchased for thework.
Reimbursement for owned automobiles, except trucks and four-wheel drive vehicles, used in connection with the
work will beat the rate of 35 cents per mile. The rate for trucks and four-wheel drive vehicles will be $25 per day
and 40 cents per mile.
Reimbursement for use of microcomputers will be at the rate of $10 per hour. Reimbursement for use of
computerized drafting systems (CADD) will be at the rate of $20 per hour for microcomputer based systems and
$25 per hour for minicomputer based systems.
Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times
the Houdy Rates specified above.
Other in-house charges for prints and reproduction, equipment usage, laboratory analyses, etc. will be at
standard corn pany rates.
Excise and gross receipts taxes, if any, will be added as a direct expense.
The foregoing Schedule of Charges is incorporated into the agreement for the servJces provided, effective January 1, 2000
through December 31, 2000. After December 31, 2000, invoices will reflect the Schedule of Charges currently in effect.
EXHIBIT C
cERi I.FICATE OF LIABILITY JNSURANCE "._-.¯z/13/
p~60u=em ""THIS CER~FIFICATE IS ISSUED AS A MAI-rER 0F INFORMAT
Dealey, Renton & Associates ONLY AND CONFERS-NO RIGHTS UPON¯HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORPo O. Box 12675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BE;LOW.oakland, CA 94604-2675 ¯""
510 465-3090 David Eckman
INSUREDKennedy/Jenks Consultants,
622 Folsom Street
San Francisco,. CA 94.~07
INSURERS AFFORDING COVERAGE
& IndUstry
~nsurance Company.
Ins..co,. of Hartford
COVERAGES
~3-1E POUCI~SOF ~I~U~ LL~’I’ED BELOW HAVE BEEN ISSUED TO THE "INSURED NAMED ABOVE FOR~HE POLICY PERIOD INDICATED. NOTWfl’HSTAN01N~
,ANY REQUJflF.M~NT, TLeFIM OR ONDr/’~ON OF ANY CONTRACT OR OTHL=R DOCUMENT WITH RESPECT TO WHICH THI~ CERTIFICA’I~ MAY BE I~SUED oR
MAY PERTAI/~, THE INSURANCE AFFORDED BY ]’HE PO/ICIES DEGCR(BED HEREIN rs sUBJECT TO ALL 1"HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOtJCIES. AGGREGATE LIMITS.SHOWN MAY HAVE BEEN REDUCED BY PAID CI ~.IM$, .
NS;R P(~I~I’ #-FFEGTIV~. ’POUCT P_.~3=IRATION " "-IL’I’R i Tfl~ O1= INSURAMP~I~_._. pOLICY NUMBER OATE fMM/DO/Y’fl DAT~ fMM/D0/~lrJ L|MI’r~
A e__=N~UAB|LIW GL417-78-03 10/01/99 I0/01/00 EAOHOOOU~ReNC~=l, 000 , 000
=1,000,000_~_ COMMERCIAL GEN~ LIABILITI"’ FIRE DAMA(3 E (Any Ona Ik’a
-- "-’--I OLAIM$ MADBj~’] OCCUR
=BEN1. A~=RE~A’t’E LIMIT API~IE$ PER;:
~’J p~ ....~ PRO-~ LOC~.,ut~ ~ ~ I JFOT
~UTOMOeILE LmSI~W MZA80-200513
ANYAUTO
ALL OWNED AUTOS
S~HEDULED AUTOS
B
-- H,.ED AUTOSX-- .o..o..~oAutos
~ARAGE LIABR.II~’~ANYAUTO
EXOE~ LIABILITY
~DEDUCTIBLE
| RETENTION ,$
WORKERS COMPENSATION AND’EMPLOYERS’ kl~ BILIT~WZC80835055
All States Except
Washington
c O;HamProZessional cPL508~2
5iabi!ity
oz-/6z’/oo
10/01/99
PERSOrNAL & AD,V. INJURY i $I, 0 0 0, 0 0 0
GENERAL AO(3REGAT{ I s.2 # 0 0 0 t 0 0 0
PRODUOTS-COMPIOP AGG
lO/Oi)O0 OOMBINEOSlNOL~LIMIT
Ol/Ol/Ol
~o/o~/oo
..,~,0.00,000
$i,000,000
BODILY INJUR~’
BODILY SNJURY
PROPERTY DAMAGE
AUTO ONLY- ~A ACCIDENI
OTHER THAN EA AOO
AUTO ONLY:.AGO
EACH OOOU~,RENC~
AGGREGATE
$
$
~W¢ STATU- OTHoTOI~Y L M T~
E,L,I~AoHAccIO~N.T. _ . $1] 000/-O00
LE,L,DISEASE-~A~MPLO~EE Sl ! 000 ! 000
!F.L. DISEASE,PO, L.IC.Y.LIMI~ ~lf 000 f 000
I $i,.000,000 per Clai~
, $i,000,000 Annl. Aug.
O~RI~ONOFoPERATIONSILO~ATIONSNEHIO~e~LUSIONSADOEDBY~NDOR~MENW~ECIALPROVISIONSGENERAL/AUTOMOBILE LIABILIT.Y’ADDITIONAL INSURED: City of Palo Alto,
its officers, agents and employees. COverage is primary insurance.
City of Palo Alto.
Attn: ~urchasing Department
P.O. Box 10250
Pa~?..A~.q, CA 9&~3
CANCEl/ATION
SHOULDANYO~THEABOVI~ DESCRIBED POUOI~ BF.’O,4,NCELLED
DA~T~EREOF, TH~I~UING INSURERWILLEND~AVORTO MAI~ DA~WR~N
N~CE~E C~FICA~ HOLD~EDTO~E~, B~FAILU~ T0 D.O~S~LL
IMPOSE NO OBLleA~ON OR LIABIU~ 0F ANY KIND.UPON THE INSURERITS A~EN~
REPRESENTATIVE~.
EXHIBIT D
CERTIFICATION OF NONDISCRIMINATION SECTION 410
PROJECT TITLE: Consultant Services on Small Improvements and Emergency Repair
Projects for the RWQCP
Certification of Nondiscrimination: As suppliers of goods, ors_ervice~ to the_~Gity, of.:Palo Alto, he
firm and.individuals, listed below,oertify that they do not.disseminate, in employment= with regards to
age,:-race;,.:co or, religi0n;se’x,: national origin, ancestry, disability, or Sexua} preference; that they
-are .in compliance :with-all :Federal, State and local directives:-an&executive.iorders regarding
nondiscdminationin employment. . . ::.’, : . ~ ...
CITY OF PALO ALTO SECTION 410