HomeMy WebLinkAboutStaff Report 4214
City of Palo Alto (ID # 4214)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 11/18/2013
City of Palo Alto Page 1
Summary Title: Contract with Ghirardelli Associates for Cal Ave Transit Hub
Corr.
Title: Approval of a Contract with Ghirardelli Associates in the Amount of
$638,599.82 for Construction Management Services for the California
Avenue Transit Hub Corridor Streetscape Project
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that Council authorize the City Manager or designee to execute a contract
with Ghirardelli Associates (Attachment A) in the amount of $638,599.82 for Construction
Management Services for the California Avenue Transit Hub Corridor Streetscape
Improvements Project.
Background
The proposed California Avenue Transit Hub Corridor Improvements project provides for
streetscape improvements along California Avenue between El Camino Real and the California
Avenue Caltrain Station. Improvements include streetscape elements, sidewalk widening,
landscaping, utilities, new street lighting and improvements to the Park Blvd. Park Plaza.
This Construction Management Services contract includes a Construction Manager and a
Project Inspector to support staff during the construction of this project. The contract also
includes an extensive outreach process intended to inform the business community and
residents of upcoming activities and to minimize physical impacts to the businesses during
construction phase.
Construction of the project is expected to begin in January 2014. Staff will return to Council in
January for an updated project cost, schedule and Construction Contract Award.
City of Palo Alto Page 2
Discussion
The City received ten proposals in response to the Request for Proposals (RFP) solicitation for
the Constrcution Management Services.
The solicitation and selection process is outlined below.
Proposal Description/Number Construction Management Services
Proposed Length of Contract: Approx 1 year
Total Days to Respond to RFP: 36 days
Pre-proposal Meeting Date: August 20, 2013
Number of Proposals Received: 10
Proposals Received from: Location (City, State) Selected for
oral interview?
CSG
Ghirardelli
S&C
Swinerton
Vali Cooper
4 Leaf
CalTrop
DCMI
Hatch Mott McDonald
Townsend
San Mateo, CA
Oakland, CA
Oakland, CA
San Francisco, CA
Emeryville, CA
Pleasanton, CA
Emeryville, CA
Capitola, CA
San Jose, CA
San Francisco, CA
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
City of Palo Alto Page 3
The proposals were judged by the following criteria:
Consultant Experience with Streetscape projects;
Community Outreach Experience;
Ability to perform the work;
Proposal quality and completeness;
Cost to the City
Five firms were selected for oral interviews upon review of the proposals and Ghirardelli was
unanimously selected as the preferred team to serve as a project inspector and to represent
the City during the construction stage of the California Avenue – Transit Hub Corridor
Streetscape Improvement project. Ghirardelli has direct experience in working with the City of
Palo Alto in the construction of streetscape-type projects including having served as project
inspectors for the El Camino Real and Stanford Avenue Intersection Improvements project.
The incorporation of Utilities’ water line replacement was just introduced into the project over
the fall and is estimated to increase the contract duration, up to 2 additional months. Staff has
included additional hours for both the Construction Manager and Inspector, as an Additional
Service, to the existing contract. Ghirardelli will serve as lead inspectors for the entire project.
The Utilities Department will manage the inspection of the waterline replacement element of
the project.
Timeline
Immediately upon execution of a contract, Ghirardelli Associates will begin review of the
construction documents and assist staff with the pre-bid and award process. Project is
scheduled to go out to bid in November with construction to begin Janaury 2014 and end in Fall
2014.
Resource Impact
Funding in the amount of $638,599.82 for the Construction Management Services is included in
the Capital Improvements Program (CIP) Project PL-11002- California Avenue Transit Hub
Corridor Streetscape Project.
Policy Implications
City of Palo Alto Page 4
The City’s Comprehensive Plan recommends that the City enhance the California Avenue
streetscape by upgrading the visual quality of the street to attract additional business and
visitors to the area. Consistent with those Comprehensive Plan goals, the proposed streetscape
and place-making improvements along California Avenue should ensure continued vitality of
the California Avenue Business District. The Comprehensive Plan also encourages a mix of
residential and non-residential uses at a scale of development that is comfortable for
pedestrian use. The Plan encourages improving the appearance of the street while preserving
its “hometown” character. Also, Program L-18 specifically calls for street improvements that
could make a substantial contribution to the character of Commercial Centers, including
narrowing travel lanes.
Environmental Review
A preliminary Initial Study and the Negative Declaration - CEQA (California Environmental
Quality Act) checklist for the project were completed, circulated for public review in December
2010 and approved by Council on February 14, 2011. The Negative Declaration concluded that
the project will not result in any significant environmental impacts and may be reviewed online
at www.cityofpaloalto.org/calave. Some of the California Avenue businesses challenged the
sufficiency of the MND and the Court of Appeal recently confirmed its adequacy. There are no
substantial changes to the project or circumstances under which the project is being
undertaken that require additional environmental review.
No further environmental review is required for this scope of work.
Attachments:
Attachment A - Contract with Ghirardelli Associates (PDF)
lFl1 ~ ((; ~ ~ \y/ ~ lQ)
NOV -72013
CITY OF PALO ALTO CONTRACT NO. C14151310
Ghlrardulll Associ.'os, Inc. A REEMENT BETWEEN THE CITY OF PALO ALTO AND
RDELLl ASSOCIATES, INC. FOR PROFESSIONAL SERVICES
This Agreement is entered into on this day of November, 2013, ("Agreement") by
and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"),
and GHffiARDELLl ASSOCIA TES ,INC. a California Corporation, located at 2375 Zanker Road,
Suite #235, San Jose, CA, 95131, Phone Number (408) 435-5503 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to contract a Part -Time Constmction Manager and a Full-time Project 1 nspector
to support CITY staff during the construction of the Catifomia Avenue Transit Hub Corridor
Streetscape Improvements Project in the City of Palo Alto. ("Project") and desires to engage a
consultant to provide construction management and project inspection services in connection with
the Project ("Services").
B. CONSULTANT has represented that it has thc necessary professional expertise,
qualifications, and capability, and all required licenses and/or celiifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULT ANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenant~, terms, and conditions, in
this Agreement, the parties agree:
AGREEMENT
S.ECTION 1. SCOPE OF SERVICES. CONSULTANT shall perfOlm the Services described in
Exhibit "A" in accordance witb tbe terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
The term of this Agreement shall be from the date of its full execution through completion of the
services in accordance with the Schedule of Performance attached as Exhibit "B" unless terminated
earlier p1ll'suant to Section 19 of tbis Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is ofthe essence in the performance of
Services under this Agreement. CONSULT ANT shall complete tbe Services within the tenn of this
Agreement and in accordance with tbe schedule set forth in Exhibit "B", attached to and made a part
ofthis Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULTANT. CITY's
agreement to extend the (elm or the schedule for perfonnance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
Professional Selvices
Rev. Nov. 1,2011
SECTION 4. NOT TO EXCEED COMPENSATION. Tho compensation to be paid to
CONSULTANT for pelformance of the Services described in Exhi bit "A", including both payment
for professional services and reimbursable expenses, shall not exceed Three Hundred Seventy
Thousand Two Hundred Forty Seven Dollars ($370,247.00). In the event Additi onal Services arc
authorized, the total compensation for services and reimbursable expenses shall not exceed Six
Hundred Thirty Eight Thousand Six Hundred Dollars ($638,600.00)
The appli cable rates and schedule of payment are set out ill Exhibit "C-I ", entitled "HOURLY
RATE SCHEDULE," which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSUL TANT shall not receive any compensation for Additional Services perfonned
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
illcluded witbln the Scope of Services described in Exhibit "A".
SECTION 5. lNVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services perfonned and the applicable charges (including an
identi fication of personnel who performed the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-I "). If applicable,
tbe invoice shall also describe the percentage of completion of eacb task. The infolmation in
CONSULTANT's payment requests will be subject to verification by CITY. CONSULT ANT shall
send all invoices to the City's project manager at the address specified in Section 13 below. The City
will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. OUALlFICATIOJ'o[S/STANDARD OF CARE. All of the Services shall be
perfOimed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents
that it possesses the professional and technical personnel neccssary to perform the Services requircd
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULT ANT represents that it, its employees and subconsultants, if permitted,
have and shall mainta in during the term of this Agreement all Licenses, permits, qualifications,
insW"ance and approvals of whatever nature that are legall y required to perform the Services.
All of the services to be fumished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same disciplille and of
simil ar knowledge and skill engaged in related work throughout Califomia under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONS UL T ANT shall keep itself infonn ed of and
in compl iance with all fed eral, state and local laws, ordinances, regulations, and orders that may
affect ill any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all pennits and licenses, pay all
charges and fees, and give all notices required by law in the perfonnance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall conect, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
Profe.~sional Services
Rev. Nov. 1,20 11
notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design
documents to constlUct the Project, CONSULTANT shall be obligated to corrcct any and all ClTors,
omissions or ambiguities discovered prior to and during the course of constlUction of the Project.
This obligation shall survive tennination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (l0%)
of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY
for aligni.ng the PROJECT design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULT ANT, and any person employed by or contracted with
CONS ULTANT to fumi sh labor andlor materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION J I. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTA NT's obligations
hereunder without the prior written consent of the city manager. Consent to one assignment shall not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
orthe city manager will be void.
SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Services. The sub consultants authorized by CITY to
perfonn work on this Project are:
Inspection Services, Inc.
1798 University Avenue
Berkeley, CA 94203
(510) 900·2100
CONSl.JLT ANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be Il.dJy responsible to CITY for all acts and omissions of a
subconsuJtant. CONSULTANT shall change or add subconsullants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MA..l'IlAGEMENT. CONSlJLTANTwill assign Randall Bruner as
the Principal in Charge to have supervisory responsibility for the performance, progress, and
execution of the Services and William Davis as the project Construction Manager & James
Beauchamp as Project Inspector to represent CONSULTANT during the day·to-day work on the
Project. If circumstances cause the substitution of the project director, project coordinator, or any
other key personnel for any reason, the appointment of a substitute project director and the
assignment of any key new or replacement personnel will be subject to the prior written approval of
the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel
Professional Selvices
Rev. Nov. 1,2011
who CITY finds do not perfOlm the Services in an acceptable manner, are uncooperative, or present
a thre8t to the adequate or timely completion of the Project or a threat to the safety of persons or
property.
The City's project manager is Shahla Yazdy, Planning & community Environnlcnt Department,
Transportation Division, 250 Hamilton Avenue Palo Alto, CA 94303, Te1ephone:(650) 617-3151.
The project manager will be CONSULTANT's point of contact with respect to performance,
progress and execution ofthe Services. The CiTY maydesignate an alternate projcct manager from
time to time.
SECTION 14. OVl<'NERSHlP OJ;' MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specil1cations, calculations, documents,
other materials and copyright interests developed under this Agreement shaH be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
propClty rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall makt;
any of such materials available to any individual or organization without the prior written approval of
the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to cireumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to andit, at any reasonable time during
the [enn ofthis Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to
matters covered by this Agreement. CONSULTANT JiJrther agrees to maintain and retain such
records for alleast three (3) years after the expiration or earlier termination of this Agreement.
SECTION 16, INDEMNI1'Y.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold hannless CITY, its Council members, officers, employees and agents
(eaeh an "Indemnified Party") from and against any and ali demands, ciaims, or iiability of any
nature, including dcath or injury to any person, property damage or any other loss, includi ng all costs
and expenses of whatever nature inclnding attorneys fees, experts fees, COUlt costs and disbursements
("Claims") that arise out of, peltain to, or relate to the negligence, recklessness, or willful
misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by 3nindemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be constlued to
require CONSULT ANT to indemnify an indemnified Party from Claill1s arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall not
operate as a waiver of the right of indemni/lcation. The provisions of this Section 16 shall sUI'Vive
the expiration or early tennination of this Agreement.
SECTION J 7. W MVERS. The waiver by either party of any breaeh or violation of any covenant,
term, eondition or provision of this Agreement, or ofthe provisions of any ordinance or law, will not
Pforessionai Services
Rev. Nov. 1, 2011
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in lull
force and effeet during the tenu ofthis Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any generalliabilily or automobile policy or policies.
J 8.2. All insurance coverage required hereunder shall be provided through catTiers
with AM Best's Key Rating Guide ratings of A-:Vll or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this A!,'Teement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concun-ently
with the execution of this Agreement. The certificates will be subject to the approval ofClTY's Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and Will1101
be canceled, or materially reduced in covcmge or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the
insurer cancels or modifies the i.nsurance and provides less than thirty (30) days' notice to
CO~SUL TANT, CONSULTANT shall provide the Purchasing Manager written notice of the
cancellation OJ modification within two (2) business days of the CONSULTANT's receipt of such
notice. CONSULTANT shall be responsible for ensuring that current cCliiiicates evidencing the
insura.flce are provided to CITY's Purchasing I\1anager during the entire terrn of this Agrccrn.cnt.
18.4. The procuring of such required policy or policies of insurance will not be
consttued ro limit CONSULTANT's iiability hereunder nor to fulfill the indemnification provisions
of this Agreement. ~otwithstanding 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 Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the ten11 has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the perfOimance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereorto CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its pertormance of
the Services by giving thirty (30) days prior written notice thereoflo CITY, but only in the event of a
substantial failure of performance by CITY.
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Rev. Nov. 1, 2011
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to
CONSULTANT or its cotltraetors, if any, in connection with this Agreement. Such materials will
become thc property of CITY.
19.4. Upon such suspension or tcnnination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, ifthis Agreement is suspended or terminated on acconnt of a default by CONSULTANT,
ClTY will be obligated to compensate CONSULTANT ordy 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 acting in the reasonable exercise of his/her discretion. The following Sections will
survive any expiration or termination ofthis Agreement: 14, 15, 16, 19.4,20, and 25.
19.5. No payment, partial payment, acceptance, or partial acccptance by CITY will
operate as a waiver on the part of CITY or any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
cCltified mail, addressed as follows:
To CITY: OHiec oflhe City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, dirc{;\ or indirect, financial or otherwise, which would
contlict in any manner or degree with the perfonnanee of the Services.
21.2. CONSULTANT furthcr covenants that, in the pelformance ofthis Agreement,
it will not employ subconsuitants, contractors or persons having such an interest. CONSULTAl\'T
eel1ifies that no person who has or will ha ve any financial interest under this A gr'cement is an onicer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code ofthe State of California.
Professional Services
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21.3, Tfthe Project Manager determines that CONSULTANT is a "Consultant" as
that tenn is de lined by the Regulations of tho Fair Political Practices Cotn.'llission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Refolln Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2,30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because oftha race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person, CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
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Rev. Nov, 1> 2011
SECTION 23. ENVIROl'llVlENT ALLY PREFERRED PURCHASING AND ZERO WASTE
REOUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred
Pm'chasing policies which are available at the City's Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements oftbe City's Zero Waste Program. Zero Wasle
best practices include first minimizing and reducing waste; second, reusing waste and third, recycling
or composting waste. In particular, Consultant shall comply with the following zero waste
requirements:
• All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimmn or30% Of grcater post-consumcr content paper, unless otherwise approved
by the City's Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of 30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City's Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the PUI'chasing 0 lTiee.
• Reusablclrcturnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse Of recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions onhe Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that fili">}ds arc not appropriated for the follo\ving fiscal year.
or (b) at any time within a fiscal year in the even I that lil11ds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. Thrs section shall take precedence
in the event of a con!1iet With any other covenant, term, conditIOn, or provision orthis Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreemen( will be govemed by the laws of the State ofCalifomia.
25.2. In the event that an action is brought, the paliies agree thai trial of such action
will be vested exclusively in the slale COUl'ts of Califomia in the County of Sanla Clara, State of
Califomia.
25.3. The prevailing party in any action brought to enlorce the provisions of this
Agreement may recover its reasonable costs and aUomcys' fees expended in comlcction with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attomeys' fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
Professiurnd SerViCL'h
Rev. Nov. L 2011
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 si§,'1led by the parties.
25.5. The covenants, terms, conditions and provisions ofthis Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants oflhe
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment [hereto is void or unenrorceable, the unaftected provisions of this
Agreement and any amendments thereto will remain in lidl force and effect.
25.7. All exhibits reIetTcd to in !his Agrcement and any addenda, appendices,
attachments, and schedules to this Agreement which, ii'om time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will bc
deemed to be a part of this Agreement.
25.8 If; pwsuant to this contract with CONSULTANT, City shares with
CONSULTANT pcrsonal infOlmation as defincd in California Civil Code section 1798.81.5( d) about
a California resident ("Personal Infonnation"), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Tnfonnation, and shall inform City
immediately upon learning that there has been a breach in the security ofthe system or in the secLUity
ofthe Personal Infonnation. CONSULT ANT shall not usc Personal Information for direct marketing
purposes without City's express written consent.
25.9 All unchecked boxes do not apply to this agreement.
25, 10 The individuals executing this Agreelucnt represent and warrant thai they have
the legal capacity and authority to do so on behalf of their respective legal entities.
25.11 This }\greetnent Inay be signed in multiple cQuntcl1Jarts, which shall, when
executed by all the parties, constitute a single binding agreement
Pr(ltessionat Services
Rev. Nov. 1,2011
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above wriuen,
CITY OF PALO ALTO GHIRARDELLl ASSOCIATES, INC.
City Manager
APPROVED AS TO FOR!vf:
_ .....
Senior Ass!. City Attorney
Allachmenls:
EXHIBIT "A":
EXHIBIT
EXHIBIT "C":
EXHIBIT "C-l ~1:
EXHIBIT "0":
SCOPE OF WORK
SCHEDULE OF PERFORMAl\CE
COMPENSATION
SCHEDULE OF RATES
lNSURANCE REQUIREMENTS
Professional Services
Rev. Nov 1,2011
1. INTRODUCTION
EXHIBIT "A"
SCOPE OF SERVICES
CITY shall engage a pari ~~time Construction Manager and a full-time Project Inspector to support
CITY staff dUling thc construction of the California A venue Transit Hub Corridor Strcctscape
Improvements Projeet in the City of Palo Alto. The construction project will entail demolition,
removal and replacement of the existing roadway, crossings, sidewalk, curb & gutter; underground
utilities; streetlights; and addition of landscaped areas.
The services herein shall include filI1 Construction Management Services as required to assist staff in
the management of the construction of the above project.
2. SCOPE OF SERVICES
General Requirements
The Construction Management film (CONSULTANT) shall provide eonstmetion professionals to
represent CITY at the constmction site on a full time basis. The on-site representative(s) of the
CONSULTANT such as a Constmction Manager and a Project Inspector shall be approved by CITY
as having appropriate work experience for the position, Ifat any time, CITY is not satisfied with the
per/onnanee of CONSULTANT stan; the CITY reserves the right to request the services of di fferent
individnals, If lor any reason the CONSULTANT proposes a change of staffing during the course of
the project, the CITY reserves the right to approve any new staff.
An offiee space will be provided by CITY. Any eq ui pmcnt needed for CONSULTANTS staff shall
be provided by the CONSULT A l\'T~ Any desired trailers or related equipment needed by the
CONSULT ANT may require permits from CITY, for which CONSULTANT shall obtain and pay,
Knowledge of civil engineering roadway or related streelscape eOllstmction, tramc control, public
outreach, Caltrans standard and specification, puhlic works and utitilities contracting principles and
regulations, and Critical Path Management shall be required of the CONSULTANT.
I -Construction Pllase:
Project Inspector lind Construction Manager
General:
CONSULTANT shall be [he point of contact for the project's contractor (CONTRACTOR),
CONSULTANT shall work with [he DESIGNER and CITY to resolve any issues that may arise
during constmetion.
PROJECT INSPECTOR:
Pmressioual Services
Rev, Nov. L 20J 1
CONSULTANT will oversee the day-lo-day conshuclion activities performed by the
CONTRA CTOR and subcontractors. CONSUL Ti\NT will track the construction process, schedule,
maintaining daily reports, verifying submittal compliance, logistics, and activities and direct
precautionary measures to ensure that all aspects of construction are followed and documented per
contract documents and adhere to all CITY standards. CONSULTANT shall also work with the
CONTRACTOR to implcmcntlogisticalmcasurcs to minimize any impacts to CITY operations and
the nearby businesses, customers and residential neighborhood. CONSULT ANT will ensure that
coordination is maintaincd between all parties that must be made aware of daily construction
activities and thaI good communication is maintained. CONSULT ANI' shall implement expeditious
methods for resolving conllicts.
Change Order Monitoring and Processing;
CONSULTANT will review and evaluate all CONTF.ACTOR extra work requests. CONSULTANT
will review the contract documents to determine entiliement, complete an independent estimate of
the cost of the changes, and reconcile with the CONTRACTOR'S change order request.
CONSULTANT will prepare extra scope of work authorizations, field orders for CITY approval and
track all scope and schedule changes. Should there be disagreements with the validity of change
orders; CONSULTANT will implement expeditious methods [or rcsolving eonnicts.
Testing:
CONSULTAKT shall provide the services of a lesting agency and coordinate scheduling of the
testing agency services for any needed materials lesting and/or special inspections. CONSULTANT
shall ensure that all required sign-offs are reviewed and distributed and are in compliance with
CITY's specification.
Claims:
CONSULTANT shall analyze various claims from the CONTRi\CTOR (i.e. compensation and
delay) as io whether Ihey arc excusable, inexcusable, or compensable. CONSULTANT shall advise
CITY rcgarding what action(s) to take in a timely manner.
Miscellaneous:
CONSULTANT shall monitor CONTRACTOR'S compliance in general with the construction
documents and contract CONSULTANT shall address comments and concerns of the
CONTRACTOR and the DESIGNER as needed.
Qllality Control and Assurance:
CONSULTANT shall monitor and document the CONTRACTOR'S work for any deviations in
scope, schedule or perfOimanee and keep CITY infoffilcd of any issues that may arise.
Substantial Completion:
ProfeSSional Scnices
Rev. Nov, 1,2011
When the CONTRACTOR nears the end of their contracted work and requests 'substantial
completion' status, CONSULTANT shall work with the DESIGNER who shall preparcand compile
a project punch list that shall be forwarded to the CONTRACTOR, CONSULTANT shall oversee
the completion of the punch list items before the final Notice of Completion is issued,
Night time and weekend work arc required to minimize impacts to businesses or due to delay in
schedule, therefore CONSULTANT services shall stilI be required in full affect. CONSULTANT
shall assume one hundred (100) hours of night time and weekend work for the life of the project.
Any additional hour beyond the one hundred hours shall be compensated as an Additional Service,
Unless otherwisc directed by Crry, the CONSULT ANT shall budget for and be prepared to work on
all State and Federal holidays except for the fourth Thursday of November (Thanksgiving Day);
December 24 and 25, January 1 "I, Memorial Day, Jnly 4<h and Labor Day, lfwork is needed on any
of these days in the years 2013 andlor 20 14 in order to meet the project schedule, CONSULTANT
shall be compensated for overtime as an Additional Service,
CONSTRUCTION MANAGER ICOMMUNlTY OUTREACH COORDINATOR:
Construction Manager shall also act as a Community Outreach Coordinator to assist with regular
communications to the stakeholders in the area. The Community Outreach Coordinator should be
knowledgeable about the day-to-day construction activities, and should proactively outreach on a
regnJar basis with updates about what to expect in thc near term such as lane closures, noise impacts,
night and weekend work, ctc, This may be by a weekly handout madc available near the jobsite,
mailings, speaking with the neighbors, door-hangers or a combination of all these, The Commnnity
Outreach Coordinator must be accessible as a point of contact to address any merchant questions or
eonccrns,
C'nN<':;IH TA "j' shall '''mk \"l'th a ('lTV "pm"pscnlall'ue to prepal'c p"~;ept ,,~rlotps "or C'TTV websl'! .. ~",L, ...... ~_~.~l'i", ~L "~L~" ...... --'-... .L ->-'.']-''''-''' ... .tv", -v-u.puun .. :, iI lJ..l ""
as well as to prepare a monthly community c-mail bulletin needed to keep residents and businesses
informed of project status and upcoming work efforts,
CONSULTANT shall review and comment on any project-related correspondence as requested by
CITY'S Project Manager (PM), Routine correspondence that is related to product infonnation or
minor design issues may be prepared and answercd by CONSULTANT on its letterhead, with a
copies ofthe response directed to PM and DESIGh'ER. Correspondence requiring CITY response
shall be reviewed, approved, and signed only by PM,
Submittals:
CONSULTANT shall log, track, check for errors, review, and route to appropriate personnel all
project submittals (Le. shop drawings, product infolTIlation, substitution request, and samples) for
approval in timely manner as required by the constmetion documents and in order to prevent any
delays to the project. Comments from different reviewers ofthe submittal shall be compiled before
being retumed to the CONTRACTOR for revisions.
Construction Schedule:
Professional Services
Rev. Nov. 1, 201 I
CONSULTANT shall review the CONTRACTOR'S construction schedule. CONSULTANT shall
analyze, monitor, and request updates for the master schedule as the project progresses .
CONSULTANT shall analyze the schedule for logical construction, constraints, level of clitical
activities and to verify progress in conjunction with the analysis of pay applications .
CONSULTANT shall review CONTRACTOR'S individual CPM schedules, monitor the
CONTRACTOR'S progress, notify CITY of any slippage, and coordinate CONTRACTOR recovery
plans.
Meetings:
CONSULTANT shall schedule, coordinate and keep record of weekly field meeting with
CONTRACTOR, sub-contractor and CITY staff including staff from Public Works, Utilities
Engineering and Operations for the duration for the project. Throughout the construction process,
CONSULTANT shall be prepared to address comments and concerns of the construction
CONTRACTORS, CITY staff, merchants and the general public on an as-needed bas is .
CONSULTANT shall set up and conduct weekly progress meetings and any other meetings
necessary to facilitate the project work. CONSULTANT shall write and distribute the meeting
agendas, and meeting minutes, including: CITY -CONSULTANT meetings, regular site meetings,
meetings with the CITY staff, CONTRACTORs, various CITY departments and also the public.
CONS ULTANT shall also be responsible for informing merchants of upcoming weekly activities
occurring at or near their business and of any other construction-related impacts to their business.
The meeting minutes shall explicitly track who has the responsibility for each action item with
e>lpected completion dates.
Documentation:
CONSULTANT shall prepare and/or review all necessary documentation for the project including,
but not limited to, daily logs and inspection progress reports, photos/videos, RFJ, correspondence,
shop drawings, and other CONTRACTOR submittals. CONSULTANT shall maintain all files and
documentation for properly managing the project. CONSULTANT shall boack all RFI,
correspondence and submittal status. Responses, approvals, and decisions to CONTRACTOR'S
documents shall be provided in a timely manner and as required in the construction documents.
Progress Payments:
CONSULTANT shall review progress payment requests submitted by CONTRACTOR, within five
(5) days of receipt and velify the accuracy and percentage of completion against the schedule, and
resolve any discrepancies in the invoices. CONSULT ANT shall review the invoices and backup for
completeness and compliance with contract documents and make a recommendation to PM for
payment of the progress payment requests.
II: Post Construction -Project Close Out
Record Drawings:
Professional Services
Rev. Nov. 1,2011
CONSULTANT shall coordinate the preparation of record drawings with the CONTRACTORS and
DESIGNER on a regular basis, both during the constlUction and post construction phases, and
review the drawings for "as-built" accuracy.
Close-Out:
CONSULTANT shall ensurc completion and delivery of all required close out documentations
including operation and maintenance manuals, record drawings, and warranties. CONSULTANT
shall review all these materials t()r compliance with the contract documents and for completeness.
Any deficiencies of discrepancies shall be reported to CONTRACTOR for corrections and re
submittal. CONSULTANT shall work under the direction ofthe PM to resolve any contract claim
issues that may arise (stop work noticcs, bonding, delays, cxtra work, ctc.).
F'Ues to CITY:
CONSULTANT shall consolidate and deliver all project files and documentation maintained to be
retained by CITY.
HI: Reimbursables
Reimbursabks shall include, but are not limitcd to outreach materials, postage, signage or other
items not included herein. Travel, mileage, computer and phone charges shall be considered as
included in the CONSULTANT overhead costs. Any needed office supplies shall be provided by
CONSULTANT and shall bc considered to be included in the Scope of Services above.
CITY shall be responsible tor paying for reproduction of bid sets required for the bid phase and for
the conformed set that includes Addenda changes incorporated during the bidding phase. The
CONTRACTOR shall be responsible lor pa ymg for copies of the bid sets required for their own use.
IV: Additional Services
No work shall be done prior to written authorization by the City's Project Manager. Additional
Services shall include, but are not limited to, additional meetings, extended work hours, additional
testing or inspection.
I. Additional hours for the Constmetion Manager to provide full -time service during thc
duration of the project.
2. Due 10 the addition ora Waterline replacement project to projeci scopc, up to two additional
months of services may be requll-ed.
EXHIBIT "B"
SClIEDULE OF PERI<ORl\fANCE
P"rolcs&ionai Services
Rev, Nov. 1,2011
CONSULTANT shall perfonn the Services so as to complete eaeh milestone within the number
of days/weeks specified below. 'lbe time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers lor CONSULTANT and CITY so
long as all work is completed within the term ofthe Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed.
Milestones
1-Construction Phase:
Construction Contract
Substantial completion
Final completion
n -Post-Construction Project Close Out:
Record dra wings and close-out activities ends
Completion
No. of Days/Weeks
FromNTP
6 Weeks
II Months
12 Months
6 Weeks
Professional Services
Rev. Nov. 1,2011
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services pcrfonned in
accordance with the terms and conditions of this Agreement, and as scI forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule attached
as exhibit C-I up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed
$370,247.00. CONSULTk'lT agrees to complete all Basic Services, including reimbursable
expenses, within this amonnt. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $638,600.00. Any work perf0l1l1cd or expenscs
incurred for which payment would result in a total exceeding the maximum amount of
compensation sct f0l1h herein shall be at no cost 10 the CITY.
CONSULTANT shall perform the tasks and categories of work as oullincd and budgeted
below. The CITY's Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listcd below provided the total compensation for Basic
Services, including reimbursahle expenses, does not exceed $370,247.00 and the total
compensation for Additional Services does not exceed $638,600.00.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task I
(Construction Phase:
Constructioll Manager (half'rime)
Project Inspector (full-rime) Materials
Testing (as needed)
Task 2
(Post-Constl1lction Construction Manager
Project Inspector)
$345,740.00
$24,007.00
Sub-total Basic Services $369,747.00
Reimbursable Expenses $500.00
Total Basic Services and Reimbursahle expenses $370,247.00
Additional Services (Not to Exceed) $268,353.00
Professional Services
Rev. Nov. L 2011
Maximum Total Compensation $638,600.00
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost Expenses for
which CONSULT ANT shall bc reimbursed arc:
Reimbursables shall include, but are not limited to outreach materials, postage, signage or
other items not included herein. Travel, mileage, computer and phone charges shall be
considered as included in the CONSULTANT overhead costs. Any needed olllce supplies
shall be provided by CONSULTANT and shall be considereu to bc included in the Scope of
Services, Exhibit "A".
CITY shall be responsible for paying lor reproduction of bid sets required for the bid phase
and for the conformed set that includes Addenda changes incorporated during the bidding
phase. The CONTRACTOR shall be responsible for paying for copies of the bidsels required
for their own use.
All requests for payment of expenses shall be accompanied by appropriate backup infonnation.
Any expense anticipated to be more than $500.00 shall be approved in advance by the CITY's
project manager.
ADDITIONAL SERVICES
The COl'JSLJLTi1J-.IT shaH provide additional services only by advanced, written authorization
from the CITY The CONSULTANT, at the CITY's project manager's request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSlJLTAN1"s proposed maximum compensation, including reimbursable
expense, for such services based ou the rates set forth in Exhibit C-I. The additional services
scope, schedule and maximum compensation shall be negotiated and agreed to in writing by
the CITY's Project Manager and CONSULTANT prior to commencement of the services,
Payment for additional services is subject to all requirements and restrictions in this
Agreement
Pmfessional Senriccs
Rev. !,ov. 1,201 t
I ~ -.
Task I -Construction Phase:
Construction Manager (half-time)
Project Inspector (full-time) Materials
Testing (as needed)
Total Not to Exceed, Task I
Task II -Post-Construction
Construction Manager Project
Inspector
Total Not to Exceed, Task II
Task III -Reimbursables
Total Not to Exceed, Task III
Subtotal (Items I -III)
(15% of Subtotal Item I -III)
TOTAL (Task 1-III and 15% of Subtotal)
EXHIBIT "C-l"
HOURLY RATE SCHEDULE
... . -:.
:!II'I:l ,
Bill Davis, P.M.P.
James Beauchamp, E.I.T.
Inspection Services, Inc.
Bill Davis, P.M.P.
James Beauchamp, E.I.T.
See Note 3
18
• III • .
I
704 $165.89
1408 $134.20
80 $165.89
80 $134.20
I' ·0
t ., '. •
$116,786.56
$188,953.60
$40,000.00
$345,740.16
$13,271.20
$10,736.00 I
$24,007.20
$500.00
$500.00
$370,247.36
$55,537.10
$425,784.46
Professional Services
Rev Nov. 1.20 11
Task IV -Additional Services
1 "" "''', '.M .,. 1. Construction Manager (full-time)
2. Waterline Replacement 2 mas I Bill Davis, P.M.P. extension (Construction Manager)
-/ Waterline Replacement -2 mos
extension (Project Inspector) I James Beauchamp, E.I.T.
Total Not to Exceed, Task IV
TOTAL (Task I -IV)
19
----r" , 704 5165.89 ,
!
320 $165.89
I 320 $134.20 L _____
$116,786.56
$53,084.80
/-----_.--
$42,944.00
$212,815.36
$638.599.8~
---<._-----------
Professional Services
Rev Nov. 1.2011
EXHIBIT "D"
INSUR~'1CE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (ClTY), AT TIlElR SOLE EXPENSE, SI!ALLFORTHE TERM OF TIlE CONTRACT OBTAIN
AND MAL"'TAlK INSURANU: IN THE AMOUNTS FOR THE COVERAGE SPEClFlED BELOW, AFFOllliED BY COMPANIFA~ WITH AM
BF'sT'S KEY RA TlliG m' A"VII, OR llIGHER, LICENSE]) OR AUTHORIZED TO TRANSACT INSURANCE BIJSIN~:SS IN THE
STATE OF CALIFORNIA,
A WARD IS CONTINGENT ON COIV1PLlANCE Wrnl CITY'S INSURANCE REQ\JffiEiI..1ENTS, AS SPE(,·'Il~'_lED~,. _B.~E"L<,),\,!V",
H '·:Ol! ''':0 I 1'Yl'EOr COVSFAG" .... 1 FEU\! I RE"S~T .~.---..
MINnWi': LIMITS
Cheri
YZS
n::;
Y28
YES
WORKER'S CONIPENSATION
EMPLOYER'S LVIllILITY
---_.-
GENERAl. LlASnJTY, WCLVDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
AUTOMOBILe LIABILITY, INCLUDING
ALL OVINEll, HlRED, NON,OWNED
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE
STATlrroRY
STA1lITORY
----_. 1l0DILY INJURY
PROPERTY DAM AGE
BODILY INlL'RY & PROPERTY DAMAGE
COMBINED.
SOOlLY INJURY
EACHPERS ON
JRRENCE EACHOCCU
PROPERTY DAM, A..GE
BODILY INJURY AND PROPERTY
[NED DAMAQE,COMB
ALL DAMAGES
i'\GGREGA':'I·; 'l:"
$]'000,000 SI,OOO,OOO
$l,OO(),()OO SI,OOQ,()OO
S[,OOO,()O() S)J1OO,OOO
---------, $1,000,000
Sl,OOO,OOO $l,()()O,OOO
Sl,OOO,OOO $J,(}OO,QOO
31,000,000 SI,OOO,OOO
S[,OOO,OOO $!,oon,ooo
$1,OOQ,OOD
THE CITY OF PALO ALTO IS TO 8E NAMED AS AN ADDITIONAL INSURED: CONTRACTOR AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN A},']) MAINTAIN, IN feLL FORCE AND EFFECT THROUGHOUT TIlE HITlRETERMOF ANY RESULTANT AGREEMENT,
THE fNSlJRANCECOVERAGE HEREIN DESCRIBED, INSURL"IG NOT ONLY CONTRACTOR tL'\'D ITS SUBCONSULTANIS, IF ANY, BUT
Al .")0, \VlTH THE. EXCEPTION OF WORKERS' COMPENSATION, EiMPLOYER'S LY·.BILITY AND PROFESS!ONAL ll'JSlJRl\ .. hJCE, NA.MI:t-,J"G
AS ADDITIONAL INSUREDS CITY, iTS CO{INCiL MEMBERS, OFFI(;ERS, AGENTS, AN!} EMPLOYE.ES.
L INSCTt.:'i.NCE COVERAGE MUST ~JCLUDE:
A A PROVISION FOR A WRIITEN THIRTY (30) DAY ADV A'ICE NOTICE TO CITY OF CHANGE 11\
COVERAGE OR OF COVERAGE C ANCELLA 110N; AND
B. A lX)NTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURA'ICE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY,
C DEDCCTIBLE AMOlINTS IN EXCESS OF $5,000 REQUIRE CnY'S PRIOR APPROV At.
II. CONTACTORMUST SUBMIT CERTIFICATES(S) OF INSURA'ICE EVIDENCING REQUIRED COVERAGE
[II. ENDORSEMENT PROVISIONS, \\>1TI1 RESPECT TO THE INSUllA-'1CE AFFORDED TO "ADDInONAL
INSUREDS"
A PRIMARY COVERAGE
WITII RESPECT TO CLAlMS AlllSING our OF THE OPERATIONS OF THE NMIED INSLRED, INSURANCE AS
AFFORDED BY TIllS POLICY IS PRIMARY AIm IS NOT ADDITIONAL TO OR CONTRIBUTING WrIH ANY OTHER
INSURANCE CARRIED BY OR fOR THE BENEFIT OF THE ADDITIONAL INSUREDS,
18
Professional Services
RevNoY.l,20l1
B. CROSS L1ABrLlTY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSIJlU!IJS UNDER THE POLlCY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUItEDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COM1'ANY UNDER THIS POLICY.
c NonCE OF CA NCELLATION
I. IF THE POLICY IS CANCELED BEFORE ITS EXPUtA nON DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, TI-IE ISSUING COMPANY SHALL PROVIDE cny
AT LEAST A THIRTY (30) DAY WRlTTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF TI-IE POLICY IS CANCELED BEFORE ITS EXP IRA TION DATE FOR TI-IE NON-PAYMENT
OF PREMIUM, TIlE ISSUING COMPANY SHALL PROVIDE CI'IY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
D ADDITIONAL INSl ill ED
I. CONSULTANT SHALL BE NAMED, CERTIFIED BY ENDORSEMENT AS AN
ADDITIONAL INSURED BY THE SUCCESSFUL CONSTRUCTION CONTRACTOR
TO THE SAME EXTENT THAT THE SUCCESSFUL CONSTRUCTION CONTRACTOR
IS REQUmES/OBLlGATED TO NAME AND CERTIFY BY ENDORSEMENT.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRA nON
CITY OF PALO ALTO
1',0, BOX 10250
PALO ALTO, CA 94303
19
Professional Services
Rev Nov. 1,2011