Loading...
HomeMy WebLinkAboutStaff Report 12071 City of Palo Alto (ID # 12071) City Council Staff Report Report Type: Consent Calendar Meeting Date: 4/19/2021 City of Palo Alto Page 1 Summary Title: JMZ Exhibit Agreement, Grant Acceptance/Budget Amendment, Donor Recognition, & License with Stanford Title: Approval of: 1) Professional Services Agreement With Blue Rhino Studio, Inc. in the Amount of $214,706 for Dinosaur Exhibits for the Junior Museum and Zoo (JMZ); 2) Accept a $14,325 Christopher & Dana Reeve Foundation Grant for Adult Changing Tables at the JMZ; 3) Approve a Budget Amendment in the Capital Improvement Fund; 4) Adoption of a Resolution for the Final Naming Recognition for the JMZ; and 5) Approve a License Agreement With Stanford University for Research Space at the JMZ From: City Manager Lead Department: Community Services Recommendation Staff recommends that City Council take the following actions: 1. Approve a professional services agreement (C21180078) with Blue Rhino Studio, Inc. in the amount of $214,706 for the fabrication of dinosaur exhibits for the Junior Museum & Zoo; 2. Accept a $14,325 Christopher & Dana Reeve Foundation Grant for installation of adult changing tables at the Junior Museum & Zoo; 3. Amend the Fiscal Year 2021 Budget Appropriation for the Capital Improvement Fund , by a 2/3 vote, by: a. Increasing the revenue estimate for grants by $14,325; and b. Increasing the Junior Museum and Zoo Renovation Capital Improvement Project (AC- 18001) expense appropriation by $14,325; 4. Adopt a resolution to approve the donor recognitions for spaces and exhibits at the new facility; and 5. Approve a License Agreement between the City of Palo Alto and Leland Stanford Junior University for use of space at the Junior Museum and Zoo to conduct research. Background Founded in 1934, the Palo Alto Junior Museum & Zoo (JMZ) is dedicated to enriching the lives of children, ages 0 to 11, through hands-on exploration of the world. Specifically, the mission is City of Palo Alto Page 2 to engage a child’s curiosity for science and nature. This mission is furthered through a variety of exhibits, a diverse community of live animals, and educational programs for children, families and schools. The JMZ’s permanent location and facility was established in 1941, when the JMZ building was built, and in 1969, when the zoo was added. In 2015, the Friends of the Palo Alto Junior Museum and Zoo (Friends) launched the JMZ Initiative – a $25 million campaign to rebuild the outdated JMZ facility in recognition that the existing structures were not adequately sized nor designed to 1) accommodate the JMZ’s vibrant exhibits, expanded educational programs, current accessibility, and seismic code requirements, and 2) to meet best-practices in modern animal care and collection management. By January 2017, the Friends successfully met this campaign goal, thanks to a $15 million matching gift from the Peery Family and $10 million in other private donations from local donors. These donations have enabled the City and the Friends to build a new JMZ, which will improve the visitor experience by combining experiential exhibits with an expanded and optimized space to make science programming scalable and able to meet the increased needs of future generations. The JMZ has served families for more than 80 years and the new facility will ensure the same exceptional quality of early science education for children for many years to come. The JMZ construction project began in the summer of 2018 and is expected to conclude this fall. Details of the rebuilding process can be found in Council Memo 8851 from February 5, 2018 and Council Memo 9245 from May 29, 2018. The rebuilt JMZ will open under a new operating model described in detail in Staff Report 11093 and updated in Staff Report 11222. The new operating model was developed to ensure a safe and enjoyable experience for users of the new facility, to meet accreditation standards set by the Association of Zoos and Aquariums and the American Alliance of Museums, and to increase cost recovery by collecting an admission fee. Staff continue to evaluate the appropriate fee levels and plan to bring recommended adjustments to Finance Committee spring 2021. The JMZ is currently expected to reopen in late 2021 as a state-of-the-art museum and zoo built with a focus on inclusion, accessibility and the highest standards in animal care. In 2022, the JMZ will also open a permanent exhibit about the dinosaurs that lived in California. It will include live cretaceous-era plants, turtles, geologic specimens, a fossil dig, and life-size models of several types of dinosaurs from California. Council accepted a federa l grant and corresponding budget amendment to appropriate funding for the CA Dinosaur Garden on September 14, 2020 (Staff Report 11558). Discussion There are several recommended actions for City Council that are related to reopening the JMZ. The actions are explained in detail in the discussion below. City of Palo Alto Page 3 Contract with Blue Rhino Studios for Fabrication of Dinosaur Exhibit The City of Palo Alto was awarded $250,000 in matching gr ant funds from the Institute of Museum and Library Services (IMLS) Museums of America program earlier this year. The grant will support the California Dinosaur Garden, a permanent exhibition project, which will promote science learning and an inclusive environment for children ages 3-11, including children with cognitive and physical disabilities, and their caregivers. This project will leverage JMZ’s expertise in providing families with engaging, age-appropriate STEM experiences and our deep institutional commitment to inclusion for people of all abilities. The Blue Rhino Studios contract for $214,706 (Attachment A) is to fabricate the large dinosaurs exhibit, while the remaining grant funds will be used for staff time and contractors to support the smaller dinosaur exhibits. Summary of Bid Process On September 17, 2020, a Request for Proposal (RFP) for Dinosaurs Fabrication Project was posted on the City’s eProcurement system and notices were sent to prospective vendors. Seven responsive proposals were received on October 19, 2020. Blue Rhino Studio, Inc.’s proposal scored the highest. The following table summarizes the results of the RFP solicitation. Summary of Bid Process Proposal Description Dinosaurs Fabrication Project Number of Vendors Notified 168 Number of Prepositive Proposers 29 Number of Proposal Packages Downloaded 28 Total Days to Respond to Proposal 33 days Pre-Proposal Meeting September 28, 2020 Number of Responsive Proposals Received 7 Proposal Estimated Price Range $116,224 to $761,800 Staff evaluated the seven responsive proposals and based on that review, recommend that City award a contract to Blue Rhino Studio, Inc. in accordance with the RFP procedures. Blue Rhino Studio, Inc. was not the lowest estimated bid, it was the second lowest out of seven, however price was only one of multiple factors evaluated. Staff rated Blue Rhino Studio, Inc. based on: • Quality of the proposal, performance, and effectiveness of the services to be provided . • Contractor’s experience, including the experience of staff to be assigned to the project, with engagements of similar scope and complexity. • Cost to the City • Contractor’s ability to perform the contract within the time specified . • Contractor’s prior record of performance with city or others. • Contractor’s ability to provide future maintenance, repairs, pats and/or services. • Contractor’s compliance with applicable laws, regulations, policies (including city council policies), guidelines and orders governing prior or existing contracts performed by the contractor. City of Palo Alto Page 4 Acceptance of Christopher & Dana Reeve Foundation Grant The Christopher & Dana Reeve Foundation has awarded the JMZ a Quality of Life Grant for $14,325. The funds will enable the JMZ to better serve children and adults with paralysis an d other disabilities, as well as their parents, family members and caregivers by installing two adult-size, motorized changing tables in two existing restrooms. This equipment will allow parents and caregivers to assist their child or adult with toileting needs in a comfortable and healthy manner. These changing tables provide inclusion to families who would not be able to visit the JMZ without an appropriate and safe way to tend to a larger child’s or adult’s changing and care requirements. The grant funds support the JMZ’s accessibility initiative for inclusion of people with disabilities in the new facility, and the recommendation for the changing tables came from our families who have children with disabilities and our Accessibility Advisory Committee members. The changing tables put the JMZ at the forefront of best practices in accessibility. The budget includes the purchase of two adult-size, motorized changing tables, electrical outlets, and installation. The project will be completed by May 31, 2021. Corresponding budgetary actions are recommended in recognition of these funds and the expected work. Naming Recognition The Friends of the Junior Museum and Zoo were able to raise funds, in part, by offering name recognition for significant donations. The naming recognition process has followed the City’s policy on naming city-owned land and facilities as outlined in Policy and Procedures 1-15 (Naming City-Owned Land and Facilities). A naming recognition plan was approved by City Council in 2017 in Staff Report 7810. Donor recognitions and examples of what the recognitions will look like are included in the attached resolution to this report (See Attachment B). The Peery Family, who funded more than half of the campaign , will be prominently recognized within and adjacent to the central donor board located at the entrance. Staff recommends adopting this resolution to approve the facility naming plan and names, which meets the City policy’s criteria for facility naming as it is in recognition of a significant monetary contribution. City staff and the Friends propose to offer naming rights for spa ces at the JMZ for donors who have contributed $100,000 or more and for which all pledged gifts have been received. The Final Naming Recognition Report is in the table below and additional details are found in the Attachment B. City of Palo Alto Page 5 Final Naming Recognition Report Site Recognition Adjacent to the Central Donor Board The Peery Family Science Education Wing A gift of Carmen M. Christensen (1913 - 2010) Exhibit Hall An anonymous gift dedicated to all future scientists, explorers and inventors Ball Machine A gift of the Hahn-Harik Family in loving memory of our grandmother, Nazira Harik Issa Baby’s Space A gift of the John & Marcia Goldman Foundation Tortoise Trail A gift of Marissa Mayer & Zachary Bogue / Macallister, Sylvana & Marielle Animal Ambassador Center A gift of The Thelma Doelger Trust for Animals The Dig A gift of Kelly and Clay Bavor Collections Corner A gift of the Cheung Family Rainbow Bridge A gift of the Morgan Family Foundation Dawn Redwood Courtyard A gift of the Rotary Club of Palo Alto / Chartered 1922 / Logo Animal Sculptures A gift of Meredith and Nicholas Tan Geodesic Dome A gift of the Ludwick Family There are additional naming recognition opportunities still available in a variety of spaces throughout the facility, as described in the memo in Attachment B. If additional significant donations are made and donors would like naming recognition, staff will bring this forward to City Council. Stanford License Agreement For more than six years, the JMZ has developed a relationship w ith Stanford researchers in the Psychology Department for the mutual benefit of JMZ staff, visitors, and Stanford researchers. With the new facility opening, staff recommend enhancing this relationship with a license agreement to allow Stanford researchers to work during museum open hours within the new facility. The agreement would allow researchers to utilize a small room off the exhibit hall as a space to conduct research on child behavior and development and to solicit visitors to volunteer to participate. Research will not be conducted on visitors without their consent. JMZ visitors and staff will also benefit from this agreement as it will allow researchers to provide educational opportunities for JMZ staff related to child behavior and development and to engage the community in research and research findings about the science of early learning and development. As a mutual benefit, the agreement does not stipulate any fee for use of approximately 124 sq. feet of space, however, does ensure the Cit y retains full discretion to manage the premises. The entire license agreement is attached to this report as Attachment C. City of Palo Alto Page 6 Policy Implications The recommended actions outlined in this report advance many important policy objectives related to the City Comprehensive Plan Policy Goal C-1: Deliver community services effectively and efficiently. These include: • Policy C-1.4 Promote City parks, open spaces, recreational facilities, libraries, classes and cultural activities for community members recognizing that these facilities and services build and strengthen community. • Policy C-1.16 Provide arts, science and recreational activities that foster healthy children, youth and teen development. • Policy C-1.20 Leverage available funding to support the development of, and improved access to, programs that address all types of developmental disabilities, including physical, sensory, cognitive or social/emotional needs. Resource Impact Blue Rhino Contract - The large dinosaur models fabricated in this contract are part of a larger exhibition that includes smaller dinosaur and reptile models, graphics, and a fossil dig activity area. The contract will be funded by the IMLS grant of $250,000 and the matching City contribution required by the IMLS grant is comprised of staff salaries and benefits and contractor expenses already budgeted. Funding is available in the FY 2021 Adopted Capital Budget of the JMZ Renovation Capital Improvement Project (CIP) (AC-18001). Ongoing maintenance of the dinosaur garden exhibit is estimated to be $500 annually and will be absorbed by the JMZ’s operating budget. Christopher and Dana Reeve Foundation Grant - The grant funds the purchase of two adult-size motorized changing tables, electrical outlets, and installation. Ongoing maintenance of the changing tables beyond the three-year warranty is estimated to be $100 annually and will be absorbed by the JMZ’s operating budget. There is no further resource impact associated with the Christopher and Dana Reeve Foundation Grant. Stakeholder Engagement JMZ staff conducted surveys and small focus groups in 2019 to better understand JMZ visitors’ knowledge and interest in California during the dinosaur age. Most visitors felt that they knew very little about California in the dinosaur age despite much enthusiasm about dinosaurs from the children in their families. The California Dinosaur Garden exhibit was designed with results from these surveys in mind. JMZ staff consulted with families who have children with disabilities and the JMZ’s Accessibi lity Advisory Committee during design to ensure that people of all abilities can visit and enjoy the new museum and zoo. Periodic surveys conducted by the staff of the JMZ about attendees’ experiences indicate that City of Palo Alto Page 7 visitors value the research conducted by Stanford and enjoy the opportunity to participate. Environmental Review The new JMZ has been evaluated as a project under CEQA. In December 2017, the City Council adopted Resolution 9727 which approved a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the new Junior Museum and Zoo. Attachments: • Attachment A: C21180078 Blue Rhino Contract • Attachment B: Resolution Approving Donor Recognitions at the New Junior Museum and Zoo • Attachment C: JMZ-Stanford License Agreement City of Palo Alto General Services Agreement 1 Rev. March 29, 2018 CITY OF PALO ALTO CONTRACT NO. C21180078 GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on , by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BLUE RHINO STUDIO, INC., a Minnesota corporation, located at 3277 Sun Drive, Eagan, MN 55121, Telephone Number: (651) 287-0900 (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”) described in the Scope of Services, attached at Exhibit A. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: “A” - Scope of Services “A-1” – Engineering Drawings and Photos of Models “B” - Schedule of Performance “C” – Schedule of Fees “D” - Insurance Requirements CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED. 3. TERM. The term of this Agreement is from Jan 1, 2021 to June 30, 2023 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions. 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of dollars ($ ); OR DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 2 Rev. March 29, 2018 The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Two Hundred Fourteen Thousand Seven Hundred and Six dollars ($214,706.00). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. CITY has set aside the sum of dollars ($ ) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. 6. COMPENSATION DURING ADDITIONAL TERMS. CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 3 Rev. March 29, 2018 increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. 7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in “Appendix __ Claims for Public Contract Code Section 9204 Public Works Projects”. This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Appendix __, attached hereto and incorporated herein. OR This project is not a 9204 Public Works Project. 8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project Manager is: Tina Keegan, Dept.: Community Services Department, Telephone:(650) 329-2624. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. GENERAL TERMS AND CONDITIONS A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 8 above, these general terms and conditions and the attached exhibits. B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 4 Rev. March 29, 2018 CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders. G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 5 Rev. March 29, 2018 Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement. J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. M. 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. N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A- DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 6 Rev. March 29, 2018 :VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement. O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Agreement. P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 7 Rev. March 29, 2018 CONTRACTOR 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. Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of Califor- nia 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 and during the performance of the Services. R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY. T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR 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 this Agreement. CONTRACTOR further covenants that, in the performance of this Agreement, it will not employ any person having such an interest. CONTRACTOR certifies that no CITY officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 8 Rev. March 29, 2018 could conflict with the faithful performance of this Agreement. CONTRACTOR agrees to advise CITY if any conflict arises. U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California. V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the 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 funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time. CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements: • All printed materials provided by CONTRACTOR 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 minimum of 30% or greater post-consumer content paper, unless otherwise approved by 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 Contractor on behalf of CITY shall be purchased in accordance with 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 Purchasing Division’s DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 9 Rev. March 29, 2018 office. • Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Z. PREVAILING WAGES This Project is not subject to prevailing wages. CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the Agreement is not a public works contract, if Agreement does not include a public works construction project of more than $25,000, or the Agreement does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. OR Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the Agreement for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 10 Rev. March 29, 2018 CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.” CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854-compliance monitoring and enforcement by DIR. CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively. At the request of CITY, acting by its project manager, CONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. [For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. If the certified payroll records are not produced to the project manager within the 10-day period, then CONTRACTOR and its listed subcontractors shall be DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 11 Rev. March 29, 2018 subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR. Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO BLUE RHINO STUDIO, INC. ______________________________ By________________________________________ City Manager or Designee Name _____________________________________ Title_______________________________________ Approved as to form: ___________________________ City Attorney or Designee DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Tim Quady President Attachment A City of Palo Alto General Services Agreement 12 Rev. March 29, 2018 EXHIBIT A SCOPE OF SERVICES This project entails the artistic creation of three life-size, scientifically realistic sculptures. Contract responsibilities include design, communication with JMZ’s scientific advisors, fabrication of full-size sculptures, shipment and onsite oversight during installation. The JMZ will be responsible for hiring a crane (if required) and/or installation crew. The three sculptures include: 1. Aletopelta coombsi (a type of ankylosaur, approximately 17’ long): This is an outdoor sculpture and will be climbable by visitors and should therefore hold up to the rigors of repeated touch. 2. Augustynolophus morrisi (approximately 30’ long): This is an outdoor sculpture and will be not be touchable by visitors. It will be located in a fenced area. 3. Pteranodon (in flight, 18’ wingspan): The sculpture will be located inside the museum and hung from architectural steel beams via steel cable. It should have structural eyebolts or other hardware to connect cables to. Contractor is responsible for cable spec to ensure structural capability. It will be non-touchable and hung at a height that is out-of-reach by visitors. It must be completed and delivered by Feb. 2021 to assist in marketing and fundraising efforts. Fabrication methods and materials should meet these specifications: • Contractor must adhere to the previously approved models, structurally engineered designs, and stamped engineering drawings that were completed in an earlier contract as attached in Exhibit A- 1 to this Agreement. Concrete footings based on the stamped drawings have already been installed during building construction by the general contractor. The two large dinosaur sculptures (Aletopelta and Augustynolophus) must structurally attach to these existing footings. • Exterior should be durable, exterior grade fiberglass, painted in a scientifically accurate manner with detailed, scientifically accurate body textures. The JMZ has scientific advisors for the contractor to utilize and approve in process sculptures. The Contractor will manage sculpture fabrication in accordance with the terms and conditions of the City contract. Services shall also include but are not limited to the following: • Participate in meetings required to coordinate the work. Submit timely requests for clarification, specifications, and scientific details to City’s Project Manager. Communicate clearly and seek timely approvals of sculptures. • Be onsite to manage proper installation of sculptures to existing footings to meet structural engineering drawings. JMZ will secure local contracts and crane (if necessary) for installation as well as manage those contractors. • Prepare and maintain a schedule for regular updates to City’s Project Manager. Conduct interim sculpture reviews via email and photographs with City’s Project Manager as required. • Ensure that punch list items are completed promptly, and that incomplete or deficient work is completed/repaired/replaced at no additional cost to the City. • Provide documentation to the City for maintenance requirements, including a maintenance schedule and any necessary parts, material or touch-up paint specs. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 13 Rev. March 29, 2018 EXHIBIT A-1 ENGINEERING DRAWINGS AND PHOTOS OF MODELS The following engineering drawings and photos of models on the following pages are: 1. Aletopelta photos DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 14 Rev. March 29, 2018 DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 15 Rev. March 29, 2018 DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 16 Rev. March 29, 2018 2. Augustynolophus photos DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 17 Rev. March 29, 2018 DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 18 Rev. March 29, 2018 DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 19 Rev. March 29, 2018 3. Pteranodon photos DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 20 Rev. March 29, 2018 DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A SCALE: DWN BY: CHK'D BY: DWG. REF.:ISSUE: REVISIONS: PROJECT NO.: PROJECT NAME: 154.003-19 N.T.S. D.R.O. R.H May 2, 2019 S-3HADROSAUR FOOTING DETAIL Orie Engineering2 Structural and Bridge EngineersORIE2 STRUCTURAL BRIDGE 950 Miraar Ra, Sie 310 San Dieg, CA 9212 Fa: 5 5-0911 PALO ALTO DINOS CA DINOSAUR GARDEN D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A SCALE: DWN BY: CHK'D BY: DWG. REF.:ISSUE: REVISIONS: PROJECT NO.: PROJECT NAME: 154.003-19 N.T.S. D.R.O. R.H May 2, 2019 S-1STRUCTURAL NOTES Orie Engineering2 Structural and Bridge EngineersORIE2 STRUCTURAL BRIDGE 950 Miraar Ra, Sie 310 San Dieg, CA 9212 Fa: 5 5-0911 PALO ALTO DINOS CA DINOSAUR GARDEN D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A SCALE: DWN BY: CHK'D BY: DWG. REF.:ISSUE: REVISIONS: PROJECT NO.: PROJECT NAME: 154.003-19 N.T.S. D.R.O. R.H. May 2, 2019 S-2ALETOPELTA FOOTING DETAIL Orie Engineering2 Structural and Bridge EngineersORIE2 STRUCTURAL BRIDGE 950 Miraar Ra, Sie 310 San Dieg, CA 9212 Fa: 5 5-0911 PALO ALTO DINOS CA DINOSAUR GARDEN D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A 3277 Sun Drive  Eagan, Minnesota 55121 651.287.0900  www.rhinocentral.com Project: PALO ALTO DINOS Location: PALO ALTO, CA Drawing Title: ALETOPELTA ELEVATION Scale: NTS Version: 2.0 Issue Date: 05  06  19 Notes: Material: STEEL ARMATURE, FOAM, FIBERGLASS, EPOXY 142 15/16" 54 7/16" STAN IS 72” (6 feet) TALL D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A 3277 Sun Drive  Eagan, Minnesota 55121 651.287.0900  www.rhinocentral.com Project: PALO ALTO DINOS Location: PALO ALTO, CA Drawing Title: ALETOPELTA ARMATURE ELEVATION V.2.0 Scale: NTS Version: 2.0 Issue Date: 05  06  19 Notes: Material: COLD ROLLED/P&O STEEL. 16” DIAMETER x 1/2” THICK P&O PLATE STEEL x(3) (TYPICAL) PASSENGER SIDE ARMATURE 1/2” LASER CUT P&O 7.61 SQ FT. 3” x 3” x 1/8” ERW (x3) TAIL ARMATURE 1/2” LASER CUT P&O 3.69 SQ FT. DRIVER SIDE ARMATURE 1/2” LASER CUT P&O 7.09 SQ FT. PASSENGER SIDE LEG BRACE 1/2” x 1.25” CR STEEL DRIVER SIDE FRONT LEG BRACE 1/2” x 1.5” CR STEEL DRIVER SIDE REAR LEG BRACE 1/2” x 1.5” CR STEEL D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A 3277 Sun Drive  Eagan, Minnesota 55121 651.287.0900  www.rhinocentral.com Project: PALO ALTO DINOS Location: PALO ALTO, CA Drawing Title: ALETOPELTA ARMATURE ELEVATION V.2.0 Scale: NTS Version: 2.0 Issue Date: 05  06  19 Notes: Material: COLD ROLLED/P&O STEEL. 16” DIAMETER x 1/2” THICK P&O PLATE STEEL x(3) (TYPICAL) PASSENGER SIDE ARMATURE 1/2” LASER CUT P&O 7.61 SQ FT. 3” x 3” x 1/8” ERW (x3) TAIL ARMATURE 1/2” LASER CUT P&O 3.69 SQ FT. DRIVER SIDE ARMATURE 1/2” LASER CUT P&O 7.09 SQ FT. PASSENGER SIDE LEG BRACE 1/2” x 1.25” CR STEEL DRIVER SIDE FRONT LEG BRACE 1/2” x 1.5” CR STEEL DRIVER SIDE REAR LEG BRACE 1/2” x 1.5” CR STEEL ARMATURE WEIGHT CALCULATIONS PASSENGER SIDE ARMATURE - 7.61 SQ FT. 155.4 LBS DRIVER SIDE ARMATURE - 7.09 SQ FT. 144.8 LBS TAIL ARMATURE - 3.69 SQ FT. 75.3 LBS 3” x 1/8” ERW - 5.5 LIN FT. 26.1 LBS 16”D x 1/2” PLATES x(3) - 11.14 LBS EA. 33.4 LBS 435 LBS TOTAL D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A 3277 Sun Drive  Eagan, Minnesota 55121 651.287.0900  www.rhinocentral.com Project: PALO ALTO DINOS Location: PALO ALTO, CA Drawing Title: ALETOPELTA UNDERNEATH Scale: NTS Version: 2.0 Issue Date: 05  06  19 Notes: Material: STEEL ARMATURE, FOAM, FIBERGLASS, EPOXY 16 13/16"61 5/16" 44 9/16" 30 9/16" 25 1/4" 5 5/16" HILTI HIT-Z 1/2” x 6” ANCHOR RODS + HILTI HIT-HY 200 HYBRID MORTAR + D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A 3277 Sun Drive  Eagan, Minnesota 55121 651.287.0900  www.rhinocentral.com Project: PALO ALTO DINOS Location: PALO ALTO, CA Drawing Title: ALETOPELTA ANCHORING ELEVATION V.2.0 Scale: NTS Version: 2.0 Issue Date: 05  06  19 Notes: Material: STEEL ARMATURE, FOAM, FIBERGLASS, EPOXY 16” DIAMETER x 1/2” THICK P&O PLATE STEEL x(3) (TYPICAL) HILTI HIT-Z 1/2”DIA. x 6” x(9) TYP. + HILTI HY-200 HYBRID MORTAR D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A 3277 Sun Drive  Eagan, Minnesota 55121 651.287.0900  www.rhinocentral.com Project: PALO ALTO DINOS Location: PALO ALTO, CA Drawing Title: HADROSAUR DIMMED ELEVATION V.2.0 Scale: NTS Version: 2.0 Issue Date: 05  06  19 Notes: Materials: P&O/ERW TUBE STEEL/2LB FOAM/FIBERGLASS/EPOXY 381 1/4" 149 1/16" 128 7/16" D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A 3277 Sun Drive  Eagan, Minnesota 55121 651.287.0900  www.rhinocentral.com Project: PALO ALTO DINOS Location: PALO ALTO, CA Drawing Title: HADROSAUR ELEVATION V.2.0 Scale: NTS Version: 2.0 Issue Date: 05  06  19 Notes: Materials: P&O/ERW TUBE STEEL/2LB FOAM/FIBERGLASS/EPOXY D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A 3277 Sun Drive  Eagan, Minnesota 55121 651.287.0900  www.rhinocentral.com Project: PALO ALTO DINOS Location: PALO ALTO, CA Drawing Title: HADROSAUR ARMATURE ELEVATION V.2.0 Scale: NTS Version: 2.0 Issue Date: 05  06  19 Notes: Materials: P&O/ERW TUBE STEEL WEIGHT ESTIMATE PART/COLOR MATERIAL WEIGHT (in US LBS) TAIL JOINT 1/2” P&O 367 LBS PASSENGER REAR LEG PLATE 1/2” P&O 157 LBS DRIVER REAR LEG PLATE 1/2” P&O 172 LBS PASSENGER FRONT LEG PLATE 1/2” P&O 37 LBS PASSENGER FRONT SEAM PLATES 3/8” P&O 18 LBS PASSENBER REAR SEAM PLATES 3/8” P&O 65 LBS DRIVER REAR LEG SEAM PLATES 3/8” P&O 67 LBS FOOT PLATES (ALL)5/8” P&O x(2)@30”D, x(1)@24” D 326 LBS ORANGE SQUARE TUBING 4” X 4” X 1/4” WALL 463 LBS YELLOW SQUARE TUBING 2” X 2” X 1/8” WALL 171 LBS CYAN SQUARE TUBING 3” X 3” X 1/8” WALL 243 LBS SHELL FOAM, FIBERGLASS, EPOXY 1,500 LBS Total 3,586 LBS D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A 3277 Sun Drive  Eagan, Minnesota 55121 651.287.0900  www.rhinocentral.com Project: PALO ALTO DINOS Location: PALO ALTO, CA Drawing Title: HADROSAUR ARMATURE FRONT ISOMETRICS V.2.0 Scale: NTS Version: 2.0 Issue Date: 05  06  19 Notes: Materials: P&O/ERW TUBE STEEL PASSENGER FRONT ISOMETRIC DRIVER FRONT ISOMETRIC D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A 3277 Sun Drive  Eagan, Minnesota 55121 651.287.0900  www.rhinocentral.com Project: PALO ALTO DINOS Location: PALO ALTO, CA Drawing Title: HADROSAUR ARMATURE REAR ISOMETRIC V.2.0 Scale: NTS Version: 2.0 Issue Date: 05  06  19 Notes: Materials: P&O/ERW TUBE STEEL D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A 3277 Sun Drive  Eagan, Minnesota 55121 651.287.0900  www.rhinocentral.com Project: PALO ALTO DINOS Location: PALO ALTO, CA Drawing Title: HADROSAUR ANCHORING/DIMMED V.2.0 Scale: NTS Version: 2.0 Issue Date: 05  06  19 Notes: Materials: P&O/ERW TUBE STEEL VIEW FROM UNDERNEATH HILTI HIT-Z 3/4” x 9 - 3/4” ANCHOR RODS + HILTI HIT-HY 200 HYBRID MORTAR + 83 11/16"70 5/16" 154 1/16" 8 1/8" 16 3/4" 24 7/8" 5/8” x 24” OD 5/8” x 30” OD 5/8” x 30” OD D DON LA EIORR. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 21 Rev. March 29, 2018 EXHIBIT B SCHEDULE OF PERFORMANCE CONTRACTOR shall perform the Services according to the following schedule. Phases may be completed in advance of deadlines. However, CONTRACTOR is responsible for off-site storage if completed in advance (i.e. Sculptures may not be delivered earlier than dates indicated). Jun. 1, 2021 – PHASE 1, Fabrication of full-scale Pteranodon & 50% Fabrication of Aletopelta • Fabrication of Pteranodon (includes coordination with JMZ and scientific advisors to achieve approval on details and coloration); • Storage of sculpture if completed in advance • Completion of interior of full-scale Aletopelta sculpture: steel armature & foam Nov. 1, 2021 – PHASE 2, 100% Fabrication of Aletopelta • Completion of exterior of full-scale Aletopelta sculpture: resin, detailing & painting; • Storage of sculpture if completed in advance Jan. 14, 2022 – PHASE 3, Shipping and Delivery of Pteranodon Jun. 1, 2022 – PHASE 4, 50% Fabrication of Augustynolophus • Completion of interior of full-scale Augustynolophus sculpture: steel armature & foam Nov. 1, 2022 – PHASE 5, 100% Fabrication of Augustynolophus • Completion of exterior of full-scale Augustynolophus sculpture: resin, detailing & painting; • Storage of sculpture if completed in advance Jan. 16, 2023 – PHASE 3, Shipping, Delivery & Installation of Aletopelta and Augustynolophus • Shipment of Aletopelta and Augustynolophus • Onsite management of delivery and installation (NOTE: Installation to be completed by City staff and City-hired crane company) Jan. 31, 2023 – ACCEPTANCE TEST, Two Weeks of Testing With Staff and Visitors; Resolution of Any Issues • Maintenance documentation delivered • Completion of any deficient work DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 22 Rev. March 29, 2018 EXHIBIT C SCHEDULE OF FEES Compensation based upon deliverables CITY shall compensate CONTRACTOR for performance of the Services according to the following schedule, with the maximum amount of compensation not to exceed the amount stated in Sections 5 and 6 of this Agreement: PHASE OF PROJECT DELIVERABLE % OF TOTAL AMOUNT (INCLUDING REIMBURSABLES) 1. PHASE ONE 100% FABRICATION OF PTERANODON & 50% FABRICATION OF ALETOPELTA 20 $42,941.20 Completion of full-scale Pteranodon Storage of sculpture if completed in advance Completion of interior of full-scale Aletopelta sculpture: steel armature & foam 3. PHASE TWO 100% FABRICATION OF ALETOPELTA 15 $32,205.90 Completion of exterior of full-scale Aletopelta sculpture: resin, detailing & painting Storage of sculpture if completed in advance 2. PHASE THREE SHIPPING & DELIVERY OF PTERANODON 1 $2,147.06 4. PHASE FOUR 50% FABRICATION OF AUGUSTYNOLOPHUS 22 $47,235.32 Completion of interior of full-scale Augustynolophus sculpture: steel armature & foam 4. PHASE FIVE 100% FABRICATION OF AUGUSTYNOLOPHUS 22 $47,235.32 Completion of exterior of full-scale Ausgustynolophus sculpture: resin, detailing & painting Storage of sculpture if completed in advance 4. PHASE SIX SHIPPING, DELIVERY & INSTALLATION OF ALETOPELTA & AUGUSTYNOLOPHUS 15 $32,205.90 Shipment of Aletopelta & Augustynolophus Onsite management of delivery & installation (NOTE: Installation to be completed by City staff & City-hired crane company) 4. ACCEPTANCE TEST TWO WEEKS OF TESTING WITH STAFF & VISITORS; RESOLUTION OF ANY ISSUES 5 $10,735.30 Maintenance documentation delivered Completion of any deficient work TOTAL 100% $214,706.00 All Payments are based upon CITY’s acceptance of CONTRACTOR’s performance of the phase as evidenced by successful completion of the Deliverable for that Phase. CITY shall have no obligation to pay unless DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 23 Rev. March 29, 2018 CONTRACTOR has successfully completed and CITY has approved the Project Phase for which payment is due. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts stated in Sections 5 and 6 of the Agreement. Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 24 Rev. March 29, 2018 EXHIBIT D INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A City of Palo Alto General Services Agreement 25 Rev. March 29, 2018 A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 DocuSign Envelope ID: CD4B5B97-3E8A-4343-9240-354A1698A1EE Attachment A Certificate Of Completion Envelope Id: CD4B5B973E8A43439240354A1698A1EE Status: Completed Subject: Please DocuSign: C21180078 Blue Rhino - Legal Revied clean copy.pdf Source Envelope: Document Pages: 39 Signatures: 1 Envelope Originator: Certificate Pages: 2 Initials: 0 Terry Loo AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Terry.Loo@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 12/4/2020 10:18:54 AM Holder: Terry Loo Terry.Loo@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Tim Quady tim.quady@rhinocentral.com President Blue Rhino Studio Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 67.4.29.234 Sent: 12/4/2020 10:22:49 AM Viewed: 12/4/2020 10:49:41 AM Signed: 12/4/2020 10:50:30 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Tina Keegan Tina.Keegan@CityofPaloAlto.org Prod Arts/Sci Prog City of Palo Alto Security Level: Email, Account Authentication (None) Sent: 12/4/2020 10:50:39 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/4/2020 10:22:49 AM Certified Delivered Security Checked 12/4/2020 10:49:41 AM Attachment A Envelope Summary Events Status Timestamps Signing Complete Security Checked 12/4/2020 10:50:30 AM Completed Security Checked 12/4/2020 10:50:39 AM Payment Events Status Timestamps Attachment A *NOT YET APPROVED* 1 225_20210331_ts24 Resolution No. ___ Resolution of the Council of the City of Palo Alto to Approve Donor Recognitions at the New Junior Museum and Zoo R E C I T A L S A.In 2015, the Friends of the Palo Alto Junior Museum and Zoo (Friends) launched a $25 million fundraising campaign to rebuild the City’s Junior Museum and Zoo. B.On March 6, 2017, the City Council approved Resolution 9669, which set out a naming and recognition plan for the new Junior Museum and Zoo, consistent with the City’s policies and procedures for naming recognition for significant donations to capital fundraising campaigns. C.The Friends met their campaign goal thanks to many donors, and construction started on the new facility in 2018. D.The new facility is nearing completion, and the rebuilt Junior Museum and Zoo is scheduled to open in late 2021. E.The City Council now desires to approve certain donor recognitions within the new Junior Museum and Zoo as recommended by the Friends. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The City Council approves the specific donor recognitions within the new Junior Museum and Zoo as detailed in the memo from the Friends (dated March 15, 2021), attached to this Resolution as Exhibit A. SECTION 2. CEQA. The new Junior Museum and Zoo has been evaluated under CEQA. In December 2017, the City Council adopted Resolution 9727 which approved a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the new Junior Museum and Zoo. // // // // Attachment B *NOT YET APPROVED* 2 225_20210331_ts24 SECTION 3. Effective Date. This resolution shall be effective immediately upon passage. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Deputy City Attorney City Manager _____________________________ Director of Community Services Attachment B Memorandum To: Palo Alto City Council From: Aletha Coleman, Board Co-President Lauren Angelo, Board Co-President Friends of the Palo Alto Junior Museum & Zoo Date: March 15, 2021 Re: Naming and Recognition Plan for the rebuilt Palo Alto Junior Museum & Zoo The Friends of the Palo Alto Junior Museum & Zoo (Friends) is pleased to report that construction of the new Palo Alto Junior Museum & Zoo (JMZ) is nearly complete. This milestone comes after a decade-long effort to realize a new JMZ facility. The Friends raised $25 million in 2017 towards this effort, thanks to the support of donors and the local community, and began construction in 2018. The Friends’ Board of Directors is grateful to the City of Palo Alto for its collaboration and support to rebuild the Junior Museum & Zoo. Built in 1941, the old Junior Museum & Zoo building had become inadequate for the extensive early-education science programming that the JMZ provides both on-site and in local elementary schools. The new JMZ will continue this legacy of excellence for early childhood science education, enticing children to fall in love with the world of science and nature. In addition, the new Junior Museum & Zoo will include safer access, improved facilities and increased access for visitors of all abilities. The building has been modernized while retaining the kid-friendly and intimate qualities of the old facility, providing even more unique, educational experiences that are invaluable to children. Owned and operated by the City of Palo Alto for more than 80 years, the JMZ has been a beloved local destination. With more than 184,000 annual visits – parents, caregivers, preschoolers and elementary students – it is a place where undirected, hands-on play with science exhibits and animals inspires children to discover how things work. While the new facility has been under construction, the JMZ has provided unique educational experiences for children at our temporary location at Cubberley Community Center in Palo Alto. Children have continued to enjoy their favorite exhibits, including the Kid-Powered Ball Machine, giant Climbing Web, and Hydropower Machine. Visitors have also been able to see some of their favorite animals, like our skinks, bats, owls and hedgehogs. Exhibit A to ResolutionAttachment B Recognition Opportunities for the New Palo Alto Junior Museum & Zoo The investments from private donors to build the Palo Alto Junior Museum & Zoo have ensured the legacy of this unique community asset. Although recognition opportunities for major investments are outlined below, all donations will be gratefully recognized during opening festivities. Gifts of $10,000 and Above Donations of $10,000 and above made toward construction of the new facility will be recognized on a central donor board. This donor board will be located outside the front entrance of the lobby. The donor board is currently being designed, and recognition names will be displayed in accordance with each donor’s wishes. Gifts of $100,000 and Above Donors who have made gifts of $100,000 and above have been given the opportunity for on-site recognition at the location of an exhibit. The Peery Family will be recognized for their extraordinary gift of $15,000,000 with prominence within the Central Donor Board and in a plaque adjacent to the Central Donor Board dedicated to and honoring the family for the gift. The following sites will be recognized, as detailed in the Site Recognition Table: Site Recognition Adjacent to the Central Donor Board The Peery Family Science Education Wing A gift of Carmen M. Christensen (1913 - 2010) Exhibit Hall An anonymous gift dedicated to all future scientists, explorers and inventors Ball Machine A gift of the Hahn-Harik Family in loving memory of our grandmother, Nazira Harik Issa Baby’s Space A gift of the John & Marcia Goldman Foundation Tortoise Trail A gift of Marissa Mayer & Zachary Bogue / Macallister, Sylvana & Marielle Animal Ambassador Center A gift of The Thelma Doelger Trust for Animals The Dig A gift of Kelly and Clay Bavor Collections Corner A gift of the Cheung Family Attachment B Rainbow Bridge A gift of the Morgan Family Foundation Dawn Redwood Courtyard A gift of the Rotary Club of Palo Alto / Chartered 1922 / Logo Animal Sculptures A gift of Meredith and Nicholas Tan Geodesic Dome A gift of the Ludwick Family Available Recognition Opportunities Donors still have opportunities to have naming recognition at the location of the following exhibits: Exhibit Recognition Value Bench (9 available)$25,000 each Boulder Hop the Bioswale $100,000 Rabbit Meadow $150,000 Our Native Stream $250,000 Raccoon Creek $300,000 Nature Play Under the Pecan Tree $300,000 Science Classroom $300,000 California Dinosaur Garden $300,000 Curious by Nature Science Exhibits $500,000 The Wildlife Circle $500,000 Meerkat Mob $500,000 Kaleidoscope Tunnel $500,000 Attachment B Recognition opportunities and associated gift levels are made in accordance with the Friends’ Board approved Gift Planning Policy. All naming opportunities are contingent upon City Council approval. Maintenance of these spaces will be the responsibility of the City of Palo Alto, consistent with the terms of the gift of the building and zoo to the City. The names will be associated with the exhibits for the duration of the exhibit’s useful life. This request is consistent with Section 3 of the City of Palo Alto Facility naming Policy (Policy 1-15: Naming City-owned land and facilities). We respectfully request the City Council’s approval of this Naming Recognition Plan. Attachment B Attachment B: Naming Recognition Sign Examples Central Donor Board * Site Naming/Recognition Sign * *Examples are concepts, the fonts, materials and placement will be determined during final design and site layout Attachment B LICENSE AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY FOR USE OF SPACE AT THE JUNIOR MUSEUM AND ZOO TO CONDUCT RESEARCH This License Agreement (“Agreement”) is entered into as of the last date signed by all Parties below (the “Effective Date”) by and between City of Palo Alto, a California municipal corporation (“City”) and Stanford University (“Licensee”). City and Licensee are each a “Party”, and collectively are “Parties”, to this Agreement, as referred to herein. RECITALS WHEREAS, Licensee desires to use part of the City’s Junior Museum and Zoo facility to conduct University-sanctioned psychological research; and WHEREAS, to further serve the public interest, City desires to license to Licensee certain space located in the Junior Museum and Zoo facility at 1451 Middlefield Road, Palo Alto, CA, commonly referred to as the JMZ (the “Property”), which space is marked on Exhibit A attached hereto, (the “Premises”), to conduct academic research; and NOW THEREFORE for good and valuable considerable as provided for herein, the receipt and adequacy of which is hereby acknowledged by the Parties, the Parties agree to the foregoing and the following: 1. The Premises. The “Premises” shall have the meaning set forth in the Recitals above. 2. Relocation of Premises. At any time after Licensee’s execution of this License, City shall have the right, in City’s sole discretion, upon providing Licensee thirty (30) days' written notice (“Relocation Notice”), to relocate the Premises to a new location in the Property (the “New Premises”). The New Premises shall be described in the Relocation Notice. City will endeavor to provide Licensee with New Premises substantially similar in size, location, and quality to the existing Premises. If City relocates Licensee to the New Premises, then this Agreement and each and all of the agreements, covenants, conditions and provisions of this Agreement shall remain in full force and effect and be applicable to the New Premises, except that (i) a revised floor plan shall become part of this Agreement and shall reflect the location of the New Premises. If Licensee refuses to permit City to move Licensee to the New Premises, City shall have the right to terminate this Agreement following the end of the thirty (30) day notice period. 3. The Term. The Term of this License shall be from March 1, 2021 through and including June 30, 2030 (the "Term"), City hereby grants Licensee a limited, revocable, non-exclusive, non- assignable and temporary license, subject to all of the terms and conditions contained herein. This Agreement shall be on an “at-will” basis, terminable upon one (1) year’s advance written notice provided by either Party to the other for any or no reason. For emergency purposes or for other City priority needs, City may terminate this Agreement or temporarily cancel or discontinue Licensee’s use of the Premises without advance notice and without any liability. In addition, if City determines in its sole and absolute discretion that Licensee has violated or breached any term or condition of this Agreement, City may terminate this Agreement immediately, within its sole discretion, without notice and without liability. Upon cancellation, termination or expiration of this Agreement, Licensee shall ensure for itself and for all vendors, guests, visitors, contractors, subcontractors, agents and representatives, that the Premises are immediately surrendered to City in as good or better condition as of the Effective Date of this Agreement, reasonable wear and tear excepted. Should Licensee fail to remove or dispose of personal property at the end of the DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD Attachment C Term or earlier termination of this Agreement, City may consider the property abandoned and may claim proper title to it or dispose of it at Licensee’s expense. 4. Use of Premises. Licensee covenants, represents, warrants and agrees that all of the following terms and conditions shall be met at all times during the Term: a. During the Term, the Premises will be used solely for the Permitted Use, which is defined as follows: i. Up to four Stanford staff and students at any one time may use the Premises to conduct psychological research sanctioned by Stanford University and its Institutional Review Board. More than four staff and students may be permitted with written permission by the JMZ Director. ii. All Stanford staff and students must be identified clearly with name badges and/or apparel as approved by the JMZ Director. iii. Licensee shall not enter or use the Premises during City’s non-business hours without written permission from City. iv. Using the Premises primarily as storage is expressly not permitted. b. Licensee hereby accepts the Premises for use in its "AS-IS" "WHERE-IS" "WITH ALL FAULTS" condition. c. Other than in connection with the Permitted Use, Licensee will not, nor will Licensee allow anyone else to, park on, remove, relocate, alter, attach anything to, or otherwise modify the Premises, without the prior written consent in each instance of the City, which consent may be granted or withheld in the City’s sole and absolute discretion. Purely cosmetic and decorative modification, including the installation of furniture, signage, and technology that is not affixed to the Premises by the Licensee is permitted without prior written consent from City. d. Licensee shall at all times maintain the Premises, in good repair and in a clean, neat, sanitary and safe condition in a manner fully compliant with all applicable laws, regulations, permits and standards. Licensee shall at all times refrain from (and cause representatives and occupants to refrain from) placing, storing and/or using any Hazardous Materials at the Premises, and promptly remove any and all garbage and/or debris placed onto the Premises regularly throughout and prior to the end of the Term. Licensee shall be responsible for repairing to the City’s satisfaction or reimbursing the City for any damage caused by Licensee or its vendors, guests, visitors, contractors, subcontractors, agents and representatives. e. Licensee shall obtain, maintain and pay for all permits and licenses that may be or are required for the use of the Premises by Licensee and for any work on or reconfiguration of the Property. f. City shall provide power and other utilities in amounts reasonable with Licensee’s Permitted Use. However, Licensee agrees that City shall not be liable to Licensee for its failure to provide power and other utilities when such failure is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, telephone service or other utility at the Property, by any accident, casualty or event arising from any cause whatsoever, including the negligence of City, its employees, agents and contractors, by act, negligence or default of Licensee or any other person or entity, or by any other cause, and such failures shall never be deemed to constitute an eviction or disturbance of Licensee’s use and possession of the Premises or relieve Licensee from the obligation of performing any of its obligations under this Agreement. Furthermore, City shall not be liable under any circumstances for loss of property or for injury to, or interference with, Licensee’s business, including, without limitation, loss of profits, however occurring, through or in DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD Attachment C connection with or incidental to a failure to furnish any such utilities. City may comply with voluntary controls or guidelines promulgated by any governmental entity relating to the use or conservation of energy, water, gas, light or electricity or the reduction of automobile or other emissions without creating any liability of City to Licensee under this Agreement. 5. Consideration. a) Fee. In consideration for the use of the Premises under this Agreement, Licensee agrees to the terms of this Agreement. City will not charge Licensee a monthly rent or fee for use of the Premises. b) Security Deposit. None. 6. Insurance. Licensee and Licensee’s contractors and subcontractors performing or carrying out the Permitted Use shall at its/their own expense, but for the mutual benefit of City and Licensee, maintain the insurance specified in Exhibit B, attached hereto. 7. Waiver, Indemnity, Limitation on Liability. Licensee covenants, warrants, represents and agrees that: a) To the fullest extent permitted by law, and as a material part of the consideration to City for granting the license, excluding any Claims that are the direct result of the sole gross negligence or willful misconduct of City, Licensee hereby forever releases City and all officers, agents and employees from responsibility and liability for, waive entire claim of recovery for, and assumes all risk of: (i) damage to property or injury to persons (including death) in, at or on the Premises from any cause whatsoever during the Term; (ii) damage to property or injury to persons (including death) as a result of events occurring outside or in the vicinity of the Premises during the Term; and (iii) business or meeting interruption or other consequential damages. No defense, indemnification or hold harmless obligations hereunder shall relieve any insurance carrier of its obligations under any insurance policies carried by any Party or third party pursuant to this Agreement. This waiver shall survive the expiration, termination or cancellation of this Agreement. The City shall be entitled to recover its reasonable attorney’s fees and court costs incurred in enforcing this waiver, defense and hold harmless obligations. b) Licensee accepts and acknowledges that it or they may have rights under California Civil Code § 1542 which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Licensee, however, hereby assumes the unknown or unanticipated risks associated with this Agreement, and upon advice of counsel, Licensee does hereby knowingly waive any and all rights and protections under California Civil Code Section 1542, as well as any similar applicable law of any local, state or territory of the United States. c) Licensee shall also indemnify, defend, save and hold harmless City as set forth in Exhibit B attached hereto. DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD Attachment C d) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, TO THE FULLEST EXTENT ALLOWED BY LAW, THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER THE CLAIM GIVING RISE TO SUCH DAMAGES IS BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT OR NEGLIGENCE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. 8. Real Estate Provisions. a. No Lease. No legal title, leasehold interest or other interest in or to the Premises or appurtenances thereto shall be construed to have been created or vested in Licensee or any of Licensee’s employees, officers, managers, contractors, subcontractors, agents, representatives or affiliates (collectively, “Licensee Representatives”) as a result of this Agreement, or the use or occupancy of the Premises by Licensee or anyone else. IF APPLICABLE, LICENSEE WAIVES ANY AND ALL RIGHTS OFFERED TO TENANTS OF COMMERCIAL REAL PROPERTY UNDER FEDERAL, STATE AND LOCAL LAWS AND ORDINANCES, INCLUDING BUT NOT LIMITED TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTIONS 1161 AND FOLLOWING. b. Mechanics Liens. Licensee shall not allow any mechanic’s or other liens to be made against the Premises and shall indemnify and save harmless City against all costs, liabilities, suits, claims and demands, including legal fees and court costs, resulting from any such liens. c. Assignment or Subletting. This Agreement may not be assigned, sublet, licensed, transferred, mortgaged, encumbered, or otherwise disposed of, without the prior written approval of the City, which consent may be granted or withheld in City’s sole and absolute discretion. d. No Smoking-Policy. Smoking is prohibited anywhere on or in the Premises. Licensee shall enforce and shall ensure that all Licensee Representatives enforce this no smoking requirement anywhere on or in the Premises during the Term. e. Accessibility Standards Notice. As may be required by Section 1938(a) of the California Civil Code, City discloses to Licensee that the Premises have not undergone inspection by a certified access specialist (“CASp”). As required by Section 1938(e) of the California Civil Code, City also states that: “A CASp can inspect the Premises and determine whether the Premises complies with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the Premises, the commercial property owner or lessor may not prohibit the licensee from obtaining a CASp inspection of the Premises for the occupancy or potential occupancy of the licensee, if requested by the licensee. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.” Any CASp inspection elected to be conducted by Licensee shall be done at Licensee’s sole cost and expense, and to the extent that a CASp inspection identifies any necessary repairs to correct violations of construction-related accessibility standards, Licensee shall be DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD Attachment C responsible to correct such violations. f. Hazardous Materials. Licensee shall not cause, nor shall Licensee allow anyone to cause, any Hazardous Material (as defined below) to be sold, offered for sale, released, brought upon, kept, used, stored, generated or disposed of in, on or about the Premises. All waste, including any Hazardous Waste, generated as a result of the operation shall not be left, stored or disposed of on the Premises. For purposes hereof, “Hazardous Material” means, but is not limited to, material that, because of its quantity, concentration or physical or chemical characteristics, is at any time now or hereafter deemed by any federal, state or local governmental authority to pose a present or potential hazard to public health, safety, welfare or the environment, including but not limited to consumer safety and health. The meaning of “Hazardous Material” as used herein also includes, without limitation, any material or substance defined as a “hazardous substance, pollutant or contaminant” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601 et seq., or pursuant to Section 25316 of the California Health & Safety Code; a “hazardous waste” listed pursuant to Section 25140 of the California Health & Safety Code; any asbestos and asbestos containing materials whether or not such materials are part of the Premises or are naturally occurring substances in the Premises; any chemical, content or product failing to meet the applicable standards imposed by regulation or other law falling within the jurisdiction of the U.S. Consumer Product Safety Commission, the U.S. Department of Transportation, the U.S. Environmental Protection Agency, the U.S. Federal Trade Commission, the U.S. Food and Drug Administration, U.S. Department of Agriculture, or any local or state agency or department of equivalent or similar jurisdiction or authority; and/or any other similarly regulated product, substance or chemical containing regulated levels of lead, phthalates, bloodborne pathogens, bio-waste, medical waste, pesticides, those products for which a pesticidal claims is made, and/or pharmaceuticals. The meaning of Hazardous Material, as used herein, shall also include any petroleum, including, without limitation, crude oil or any fraction thereof, natural gas or natural gas liquids. Notwithstanding the foregoing, Licensee may use reasonable amounts of cleaning supplies in connection with the Permitted Use and may have fuel in its vehicles in standard amounts necessary to operate the same, in compliance with applicable law. g. OFAC. Licensee represents, warrants and agrees that at times herein: (i) neither Licensee nor any of the Licensee Representatives are acting or will act, directly or indirectly, for or on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person,” or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation enforced or administered by the federal Office of Foreign Assets Control; and (ii) neither Licensee nor any of the Licensee Representatives is or are engaged in this transaction, directly or indirectly, on behalf of, or instigating or facilitating this transaction, directly or indirectly, on behalf of any such person, group, entity, or nation. h. No Relocation Assistance. It is understood that this Agreement is intended to give Licensee a temporary use of the Premises and that Licensee shall not be entitled to relocation benefits, assistance, damages (liquidated or otherwise), costs, claims or fees from City upon expiration, termination or cancellation of this Agreement. i. Possessory Interest Tax. Licensee acknowledges that its interest in and/or use of the Premises may be subject to possessory interest taxation and that such taxation shall be DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD Attachment C Licensee’s sole responsibility and liability. 9. City Provisions. a. Relationship of City and Licensee. The Parties acknowledge and agree that nothing set forth in this Agreement shall be deemed or construed to render City and Licensee or City and any of the Licensee Representatives as joint venture’s, partners, associations, master- servant, agents, a joint enterprise, employer-employee, lender-borrower or contractors of each other or of any of their representatives. Licensee’s status, as well as the status of the Licensee Representatives, shall be in an independent capacity and not as an employee or agent of the City. b. Prevailing Wage. Licensee acknowledges and agrees that construction or improvement work performed under this Agreement may be considered a public work within the meaning of California Labor Code Section 1720 and that the requirements of Section 1771, et. seq. apply to such public work. Licensee is solely responsible and liable for ensuring compliance with all applicable prevailing wage laws. c. City Regulatory Authority. Licensee understands, acknowledges, accepts and agrees that City is entering into this Agreement in its capacity as a property owner with a proprietary interest in the Premises and not as a regulatory agency with police powers. Nothing herein shall limit in any way Licensee's obligation to obtain any required regulatory approvals from City departments, boards or commissions or other governmental regulatory authorities or limit in any way City’s exercise of its police powers. d. Wage Theft Prevention. Licensee, and any the Licensee Representatives it employs or contracts with to complete work under this Agreement, must comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local Minimum Wage Ordinance or Living Wage Ordinance. If Licensee is found by a court or by final administrative action of an investigatory government agency to have violated applicable wage and hours laws, in the five years prior to or during the term of this License, such violation will be considered a material breach of this License and may serve as a basis for Licensee to terminate this License. e. Nondiscrimination. Licensee and each of the Licensee Representatives shall comply with all laws and City of Palo Alto policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964, as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code Sections 12900 et sea.); California Labor Code sections 1101 and 1102. Licensee and each of the Licensee Representatives shall not discriminate against any contractor, subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sex or gender identity, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organization affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation, nor shall Licensee or any of the Licensee Representatives discriminate in the provision of services provided under this License because of age, race, color, national origin, ancestry, religion, sex/gender, sex or gender identity, sexual orientation, mental disability, physical disability, medical DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD Attachment C condition, political beliefs, organizational affiliations, or marital status. 10. Miscellaneous. a. Notices. All notices which are required to be given hereunder, or which either Party may wish to give, shall be in writing and shall be served either by personal delivery or by certified or registered mail, postage prepaid, addressed as follows (or to such other place(s) as such Party may designate by written notice): To City: City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Real Property Manager With a copy to: City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attn: JMZ Director To Licensee: Department of Psychology Stanford University 450 Jane Stanford Way Building 01-420 Stanford, CA 94305 Attn: Director of Finance and Administration With a copy to: Department of Psychology Stanford University 450 Jane Stanford Way Building 01-420 Stanford, CA 94305 Attn: Professor Hyo Gweon b. Joint and Several; Covenants and Conditions. If Licensee consists of more than one person or entity, the obligations of all such persons or entities shall be joint and several. Each provision to be performed by Licensee hereunder shall be deemed to be both a covenant and a condition. c. No Third-Party Rights. This Agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the Parties. d. Waiver. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD Attachment C granted by a party shall be in writing and shall apply to the specific instance expressly stated. e. Governing Law; Exclusive Jurisdiction. This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara. f. Counterparts; Electronic/Digital Signatures. This Agreement may be executed in any number of counterparts, and all of such counterparts so executed together shall be deemed to constitute one and the same agreement, and each such counterpart shall be deemed to be an original provided all of the Parties have fully executed this Agreement. Unless otherwise prohibited by law or City policy, the parties agree that an electronic copy of this Agreement, or an electronically signed Agreement, has the same force and legal effect as the Agreement executed with an original ink signature. The term “electronic copy of this Agreement” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of the original signed Agreement in a portable document format. The term “electronically signed Agreement” means the Agreement that is executed by applying an electronic signature using technology approved by the City. g. Construction. This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement between the Parties. It incorporates and supersedes all the agreements, covenants and understandings between the Parties concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this Agreement. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the Parties or their agents shall be valid or enforceable unless embodied in this Agreement. This Agreement may only be amended by a written instrument signed by the Parties. h. Signing Authority. By signing this Agreement, each signatory for a Party warrants and represents that he/she executed this Agreement in his/her authorized capacity, that he/she has the authority to bind the entity or person for whom he/she signs to contractual obligations and that, by his/her signature, the entity or person on behalf of which he/she acted executed this Agreement. i. Survival. Those Sections and provisions that by their nature should survive termination, cancellation or expiration of this Agreement, shall so survive, including but not limited to Sections 6 through 9, inclusive. /// SIGNATURES FOLLOW ON NEXT PAGE //// // // DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD Attachment C IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates provided below. CITY: City of Palo Alto, a California municipal corporation By: City Manager Date: APPROVED: Director, Community Services APPROVED AS TO FORM: Deputy City Attorney LICENSEE: The Board of Trustees of the Leland Stanford Junior University, an institution of higher education having corporate powers under the State of California By: Steve Olson Senior Associate Dean for Finance and Administration, School of Humanities and Sciences Date: DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD 12/4/2020 Attachment C EXHIBIT A – DESCRIPTION OF PREMISES The Premises under this Agreement shall be that space within the City’s Junior Museum and Zoo building located at 1451 Middlefield Road, Palo Alto, California marked as “Stanford Space” on the following page. DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD Attachment C DN SD 5 663 SF 14 OCC. SHOP 50 1 EXIT(S) B 312 SF GIRLS RESTROOM 287 SF BOYS RESTROOM 108 SF 2 OCC. ZOO WORK SPACE 100 1 EXIT(S) B 48 SF 1 OCC. JAN. CLOSET 300 1 EXIT(S) S-1 160 SF 2 OCC. ANIMAL CARE 100 1 EXIT(S) B 831 SF 119 OCC. MULTI-USE ROOM 7 2 EXIT(S) A-3 677 SF 7 OCC. PROGRAM ANIMAL ROOM 100 1 EXIT(S) B 79 SF RESTROOM 85 SF 1 OCC. STORAGE 300 1 EXIT(S) S-1 64 SF 1 OCC. VESTIBULE 100 1 EXIT(S) B 118 SF 2 OCC. QUARANTINE 100 1 EXIT(S) B 108 SF 1 OCC. GENERAL STORAGE 300 1 EXIT(S) S-1 95 SF 1 OCC. PLUMBING 100 1 EXIT(S) S-1 158 SF 2 OCC. TRASH ENCLOSURE 100 1 EXIT(S) S-1 112 SF 8 OCC. SMALL CONF. RM. 15 1 EXIT(S) B 155 SF 11 OCC. CONF. RM. 15 1 EXIT(S) B 108 SF RR AND SHOWER 136 SF 2 OCC. FRIEND'S OFFICE 100 1 EXIT(S) B 876 SF 44 OCC. CLASSROOM 20 1 EXIT(S) E 69 SF 1 OCC. STORAGE 300 1 EXIT(S) S-1 1144 SF 4 OCC. COLLECTIONS HUB 300 1 EXIT(S) S-1 208 SF 1 OCC. CLIMATE CONTR. STORAGE 300 1 EXIT(S) S-1 177 SF 1 OCC. LONG TERM BIKE STORAGE 300 1 EXIT(S) S-1 83 SF 1 OCC. GENERAL STORAGE 300 1 EXIT(S) S-1 209 SF 1 OCC. ELEC./DATA 300 1 EXIT(S) S-1 79 SF CLASSROOM RESTROOM 1 1 1 1 45 1 11 8 1 2 1 1 2 10 186 192 1 1 2 6 60 60 34 2 2 3 FEC FEC FEC FEC FEC FEC FECFEC 14 FEC DF PH PH PH PH COMMON PATH OF EGRESS TRAVEL = 70'-0" < 100'-0" CO M M O N P A T H O F E G R E S S T R A V E L = 90 ' -6 1 / 2 " < 1 0 0 ' -0" SEE ZOO PLAN EGRESS COURT 107 EGRESS COURT 106 PH RAINBOW TUNNEL EXIT SEPARATION = 47' - 4" > 34' - 6" PH PH PH 218 SF 8 OCC. LOBBY 30 1 EXIT(S) A-3 3714 SF 248 OCC. EXHIBITS GALLERY 15 2 EXIT(S) A-3 148 SF 2 OCC. TICKETING/RECEPTION 100 1 EXIT(S) B 161 160 DF 2999 SF 200 OCC. DAWN REDWOOD COURTYARD 15 2 EXIT(S) A-3 2 EXIT GATE OCC. LOAD CAP. FACTOR REQ'D WIDTH ACTUAL WIDTH 252 0.15 37.8" 42" 252 ACTUAL WIDTH REQ'D WIDTH CAP. FACTOR OCC. LOAD EXIT DOOR 72" 24" 161 0.15 ACTUAL WIDTH REQ'D WIDTH CAP. FACTOR OCC. LOAD EXIT DOOR 31" 72" 156 0.2 ACTUAL WIDTH REQ'D WIDTH CAP. FACTOR OCC. LOAD EXIT GATE 38 1/2" 72" 192 0.2 EX I T A C C E S S T R A V E L D I S T A N C E = 1 6 7 ' -0" < 2 5 0 ' -0" 1/3 DIAGONAL = 66'-5" MAX. DIAGONAL = 199' - 3" FEC 156PH 36 " 1142 SF 12 OCC. OPEN OFFICE 100 1 EXIT(S) B 96 SF 1 OCC. BREAK ROOM 100 1 EXIT(S) B 1 > 66' - 5" EXIT SEPARATION = 177' 252 PH 1/3 DIAGONAL = 31' MAX DIAGONAL = 90' - 2" PH PH EXIT GATE OCC. LOAD CAP. FACTOR REQ'D WIDTH ACTUAL WIDTH 252 0.15 37.8" 42" EXIT DOOR OCC. LOAD CAP. FACTOR REQ'D WIDTH ACTUAL WIDTH 160 24" 72" 0.15 D C C C C B G F J H B B B B B B B B B B B B B B B BBB B B B B B D D A A A A C C C C C C C C C C C C C C R R R E R E L K K L K L PH A2 A2 DN FENCE FENC E A3 A2 A2 A3 *NOTE: SF EXCLUDES ANIMAL ENCLOSURE SPACES NOTE: SERVICE DOOR ONLY - EGRESS DOOR NO T * PH SL O P E D W A L K W A Y ( 4 . 5 % ) . SE E 1 & 2 / L 4 . 7 A2 3 STAIRS DOWN, SEE 7/L4.3 361 SF 4 OCC. ANIMAL SUPPLY 100 1 EXIT(S) B SERVICE YARD 107 WH WH EXIT DOOR OCC. LOAD CAP. FACTOR REQ'D WIDTH ACTUAL WIDTH 186 .2 37.2 42" A2 A2 A2 A2 A2 EXIT SEPARATIO N= 50' - 7 1/2" > 31' A2 A2 A2 EXHIBITS GALLERY & SECONDARY EXHIBITS GALLERY A3 A3 A3 24.14" A3 A3 A3 8' - 1" 8' - 1" A3 A3 A3 A3 A3 A3 A3 COMMON PATH OF EGRESS TRAVEL = 43'-3" < 75' A3 A3 A3 A3 *MAIN EXIT FROM EXHIBIT GALLERY: 1/2 OCCUPANT LOAD 124 SF 2 OCC. STANFORD SPACE 100 1 EXIT(S) B B14 2 B14 B14 B14 B14 B14 B14 B14 B14 B14 B14 B14 B14 B14 B14 B14 B14 B14 CODE ANALYSIS LEGEND OCCUPANCY LOAD SUMMARY CBC TABLE 1004.1.2ROOM SF ROOM NAME LOAD FCTR # OCC. # EXIT(S) OCC TYPE ROOM NAME X SF DOOR SUMMARY GATE SUMMARY ROOM AREA: NOT OCCUPIED OCCUPANT LOAD AT EXIT/ACCESS 33 33 FE FEC PH OCCUPANT LOAD AT EXIT ACCESSIBLE DRINKING FOUNTAIN MAXIMUM EXIT ACCESS TRAVEL DISTANCE WALL MOUNTED FIRE EXTINGUISHER FIRE EXTINGUISHER CABINET SEMI RECESSED PANIC HARDWARE MAXIMUM COMMON PATH OF EGRESS TRAVEL DOUBLE EGRESS GATE ACTUAL WIDTH REQ'D WIDTH CAP. FACTOR OCC. LOAD EXIT DOOR X" X X X" ACTUAL WIDTH REQ'D WIDTH CAP. FACTOR OCC. LOAD EXIT GATE X" X X X" DF INTERIOR SIGNAGE LEGEND SEE A0.03 PROPERTY LINE DAWN REDWOOD COURTYARD FENCE BOUNDARY A2 NON-RATED EXTERIOR WALL ASSEMBLY 1HR-RATED EXTERIOR WALL ASSEMBLY NET OCCUPIABLE AREA BY HUMANS INTERIOR SIGNAGE LEGEND A. B. C. D. E. F. G. H. J. K. L. R. TYP. TACTILE EXIT SIGN: SEE 4A/A9.92 TYP. ROOM TACTILE ID SIGN: SEE 4B/A9.92 TACTILE EXIT ROUTE SIGN: SEE 4C/A9.92 ACCESSIBLE ENTRY SIGN: SEE 4D/A9.92 OCCUPANCY SIGNAGE: SEE 4E/A9.92 MEN'S RESTROOM WALL SIGN: SEE 2F/A9.92 MEN'S RESTROOM DOOR SIGN: SEE 2G/A9.92 WOMEN'S RESTROOM WALL SIGN: SEE 2H/A9.92 WOMEN'S RESTROOM DOOR SIGN: SEE 2J/A9.92 GENDER NEUTRAL RESTROOM WALL SIGN: SEE 2K/A9.92 GENDER NEUTRAL RESTROOM DOOR SIGN: SEE 2L/A9.92 ALS SIGNAGE: SEE 3/A9.92 DAWN REDWOOD COURTYARD OPERATIONAL USE STATEMENT: THE COURTYARD IS PART OF THE JMZ VISITOR EXPERIENCE PROVIDING VALUABLE AND EXCITING OUTDOOR VISITOR EXPERIENCES THEME AROUND A CALIFORNIA DINOSAUR GARDEN: DECK WITH SEATING AND GATHERING AREAS, EDUCATIONAL AND EXHIBIT SIGNAGE EXPLAINING TREES AND PLANTINGS, FOSSIL GRAVEL PIT DIG AREA, AND SCALE DINOSAUR SCULPTURES. THE COURTYARD PROVIDES EXTERIOR CIRCULATION BETWEEN EXHIBIT GALLERY, MULTI-USE ROOM, STAFF OFFICES, CLASSROOM AND COLLECTIONS HUB. THE COURTYARD ALSO PROVIDES EGRESS CIRCULATION FOR MANY SPACES OF THE BUILDING. ALL CIRCULATION IS ON RAISED DECK. THE COURTYARD IS ENCLOSED BY BUILDING ON THREE SIDES AND FENCING ON THE FOURTH. CONSULTANTS STAMP SHEET TITLE PROJECT NAME PROJECT NO. DRAWN BY CHECKED BY SHEET 12 / 1 8 / 1 8 1 : 0 4 : 2 2 P M CODE ANALYSIS FRIENDS OF THE JMZ 1451 MIDDLEFIELD ROAD JUNIOR MUSEUM AND ZOO PALO ALTO, CA 94301 NEW CONSTRUCTION A0.03 L. Schultz, J. Cadouri S.Vaccaro, B. McClure 11011 1/8" = 1'-0"1 CODE ANALYSIS - BUILDING A2 A2 MILESTONE DATE FORMAL ARB RESUBMITTAL 8/31/17 DESIGN DEVELOPMENT 11/3/17 PERMIT SUBMITTAL 3/7/18 A1 BID SET 4/16/18 A2 BUILDING PERMIT RESUBMITTAL 5/16/18 A3 BUILDING PERMIT SET 6/22/18 B14 BULLETIN 14 11/29/18 DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD Attachment C EXHIBIT B – INSURANCE REQUIREMENTS Insurance Requirements for Licensee: Licensee shall purchase and maintain the insurance policies set forth below on all of its operations under this License at its sole cost and expense. Such policies shall be maintained for the full term of this License and the related warranty period (if applicable). For purposes of the insurance policies required under this License, the term "City" shall include the duly elected or appointed council members, commissioners, officers, agents, employees and volunteers of the City of Palo Alto, California, individually or collectively. Coverages (RL 28.1A) S Minimum Scope of Insurance Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance (for Licensees with employees). 4) Premises insurance against all risks of loss to any Licensee improvements or betterments The policy or policies of insurance maintained by Licensee shall provide the following limits and coverages: POLICY MINIMUM LIMITS OF LIABILITY (1) Commercial General Liability $1,000,000 per each occurrence and $2,000,000 in the aggregate for bodily injury, personal injury and Premises damage (2) Automobile Liability $ 1,000,000 Combined Single Limit Including Owned, Hired and Non-Owned Automobiles (3) Workers’ Compensation Statutory Employers Liability $1,000,000 per accident for bodily injury or disease (4) Licensee’s Premises Insurance Licensee shall procure and maintain Premises insurance coverage for: DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD Attachment C (a) all office furniture, trade fixture, office equipment, merchandise, and all other items of Licensee’s Premises in, on, at, or about the premises and the building, include Premises installed by, for, or at the expense of Licensee; (b) all other improvements, betterments, alterations, and additions to the premises. Licensee’s Premises insurance must fulfill the following requirements: (a) it must be written on the broadest available “all risk” policy form or an equivalent form acceptable City of Palo Alto, including earthquake sprinkler leakage. (b) for no less than ninety percent (90%) of the full replacement cost (new without deduction for depreciation) of the covered items and Premises; and (c) the amounts of coverage must meet any coinsurance requirements of the policy or policies. (RL 28.2) Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and volunteers; or the Licensee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Insurance shall be in full force and effect commencing on the first day of the term of this License. Each insurance policy required by this License shall: 1. Be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 2. Include a waiver of all rights of subrogation against City and City Council members and elective or appointive officers or employees, and each party shall indemnify the other against any loss or expense including reasonable attorney fees, resulting from the failure to obtain such waiver. 3. Name “City of Palo Alto” as a loss payee on the Premises’ policy. 4. Provide that City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Licensee; products and completed operations of Licensee; premises owned, occupied or used by Licensee; or automobiles owned, Licensed, hired or DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD Attachment C borrowed by Licensee. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents or volunteers. 5. Provide that for any claims related to this License, the Licensee’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, agents or volunteers shall be excess of Licensee’s insurance and shall not contribute with it. 6. Provide that any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, its officers, officials, employees, agents or volunteers. 7. Provide that Licensee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 8. Licensee agrees to promptly pay to City as Additional Rent, upon demand, the amount of any increase in the rate of insurance on the Premises or on any other part of Property that results by reason of Licensee’s act(s) or Licensee’s permitting certain activities to take place. Acceptability of Insurers All insurance policies shall be issued by California-admitted carriers having current A.M. Best's ratings of no lower than A-:VII.   DocuSign Envelope ID: CE4A7329-9609-44E2-8299-7A1EB7B0ECDD Attachment C