HomeMy WebLinkAboutStaff Report 2305-153136.Approval of Contract Number C23187284 with Michael Baker International (MBI) for a
Not-to Exceed Amount of $211,310 to Provide Administration and Consulting Services
for the City’s Community Development Block Grant (CDBG) Program for a Term of Two-
years Through June 2025
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: June 19, 2023
Report #:2305-1531
TITLE
Approval of Contract Number C23187284 with Michael Baker International (MBI) for a Not-to
Exceed Amount of $211,310 to Provide Administration and Consulting Services for the City’s
Community Development Block Grant (CDBG) Program for a Term of Two-years Through June
2025. Environmental Assessment: Exempt in Accordance with CEQA Guidelines Section
15061(b)(3).
RECOMMENDATION
Staff recommends that the City Council:
Approve and authorize the City Manager or their designee to execute Contract
C23187284 with Michael Baker International for a not-to exceed amount of $211,310 to
provide administration and consulting services for the City’s Community Development
Block Grant (CDBG) Program for a term of two-years through June 2025, with the option
of a third-year renewal.
EXECUTIVE SUMMARY
On February 15, 2023, a request for formal proposals (RFP) was posted on the PlanetBids Vendor
Portal for administration and consulting services for the City’s Community Development Block
Grant (CDBG) Program. The solicitation period was held for 20 days, with proposals due on March
7, 2023. The City received two proposals: 1) Michael Baker International (MBI) and 2) California
Consulting.
After a thorough review of the proposals, Michael Baker International was selected based on
their extensive CDBG-specific experience and overall quality and responses in their proposal. MBI
addressed all the requirements outlined in the RFP.
BACKGROUND
Since November 2021, the City has been relying on consultant services to administer the CDBG
program. Prior to this time, the City had a permanent part-time staff person fulfilling this role
augmented with ongoing consultant support. Michael Baker International was assisting the City
prior to the departure of CDBG staff specialist, and the firm has continued to work and expanded
its scope to a comprehensive program management role. With the selection of MBI,
administration of the CDBG program will continue uninterrupted.
The term of the City’s current one-year contract with MBI will end June 30, 2023 and, in
anticipation of this, the City released an RFP for CDBG Administration in February 2023. The RFP
was for full CDBG program management for a two-year term with the option to renew for a third
year.
The Planning and Development Services Department does not have the experienced staffing
resources needed to fully manage the CDBG program. The CDBG program regulations and
requirements are complex and require a thorough understanding of federal regulations, program
guidelines, and reporting requirements. The consultant administering the program should be
able to ensure compliance with these requirements, manage the grant budget, and monitor the
progress of the funded projects. In addition, the consultant is expected to have knowledge of
best practices in community development, including affordable housing development, economic
development, and infrastructure improvements. Overall, administering the CDBG program
requires a combination of technical expertise and knowledge of community development
principles.
CDBG Program Summary
The CDBG program is a federal program that provides funding to local and state governments for
community development activities. The program was created by the Housing and Community
Development Act of 1974 and is administered by the Department of Housing and Urban
Development (HUD). The primary objective of the CDBG program is to provide affordable
housing, improve living conditions, and create economic opportunities for low- and moderate-
income households. The program provides grants to eligible communities to support a wide
range of activities, including infrastructure development, public facilities and services, and job
creation.
For more information about the City’s CDBG program and activities, please visit:
www.cityofpaloalto.org/cdbg.
ANALYSIS
The City needs consultant services to provide CDBG program administration assistance to
maintain and carry forward the program. Currently, the City does not have the appropriate
staffing resources to fulfill this role successfully. Approval of this contract will provide the City
with continuity of services for up to three years. During this fiscal year, the City engaged in
preliminary discussions to potentially transition the CDBG program administration to Santa Clara
County. In FY 2024, staff will continue to explore this option, and if it presents as a viable path
forward, staff will return to City Council for discussion.
PROCUREMENT PROCESS
A RFP for the project was posted on the PlanetBids, the City’s eProcurement platform, and 1,250
vendors were notified. The solicitation period was for 20 days and closed on March 7, 2023. Staff
received two proposals for evaluation.
Table 1: Summary of Request for Proposal
Proposal Description RFP 187284 CDBG Program Administration
Proposed Length of Project 2 Years, option for an additional year
Number of Vendors Notified 1,250
Number of Proposal Packages Downloaded 43
Total Days to Respond to Proposal 43
Pre-Proposal Meeting No
Pre-Proposal Meeting Date NA
Number of Proposals Received 2
Proposal Price Range $6,100 - 211,310
Public Link to Solicitation https://pbsystem.planetbids.com/hub/bm/bm-
detail/101884
In the consultant selection process, a heavy emphasis was placed on expertise with CDBG
program administration as well as a breath of services. As noted above, the City relies on this
consultant to handle the complex federal regulations and requirements, program guidelines, and
reporting requirements to ensure compliance with annual funding allocations and grants. MBI’s
proposal met the evaluation criteria identified in the RFP and was identified as the best candidate
for assisting the City based on the criteria for experience with CDBG procedures and technical
expertise with CDBG program administration. Although the second proposal was significantly
lower in cost, it did not adequately address the specific needs outlined in RFP requirements, nor
did it demonstrate sufficient experience and knowledge in CDBG administration. Due to its
complexity, the program requires a depth of understanding and experience to successfully
adhere to the federal regulations and guidelines. Failure to meet strict requirements could result
in the City refunding the federal government using General Fund. MBI has established experience
with CDBG administration and submitted a comprehensive proposal that fully addressed service
requirements.
For additional details on the services to be provided by MBI, please see Attachment A.
FISCAL/RESOURCE IMPACT
There are no anticipated impacts to the City’s general fund with the approval of this contract.
The administration of the CDBG program has historically been funded by the CDBG entitlement
grant. The contract with MBI will continue to be funded by the CDBG federal funding.
Staff will include funding for the second year and possibly the third year in the respective future
year’s budget.
ENVIRONMENTAL REVIEW
The approval of an agreement for administrative and consulting services is not an action subject
to environmental review under the California Environmental Quality Act.
ATTACHMENTS
Attachment A: Contract with Michael Baker International, C23187284
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
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CITY OF PALO ALTO CONTRACT NO. C23187284
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND MICHAEL BAKER INTERNATIONAL
This Agreement for Professional Services (this "Agreement") is entered into as of the 24th day of
May, 2023 (the "Effective Date"), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation ("CITY"), and Michael Baker International, a California
Corporation, located at 3760 Kilroy Airport Way, Suite 270, Long Beach CA 90806
("CONSULTANT").
The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference:
RECITALS
A. CITY intends to award contract for administrative services (the "Project") and desires to
engage a consultant to administer services of the United States Department of Housing and Urban
Development Block Grant (CDBG) Program in connection with the Project (the "Services", as
detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the
necessary professional expertise, qualifications, and capability, and all required licenses and/or
certifications to provide the Services.
C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit A, entitled "SCOPE OF SERVICES".
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this
Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described
in Exhibit A in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through June 30, 2025, with
a third -year renewal option, unless terminated earlier pursuant to Section 19 (Termination) of this
Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
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of Services under this Agreement. CONSULTANT shall complete the Services within the term of
this Agreement and in accordance with the schedule set forth in Exhibit B, entitled "SCHEDULE
OF PERFORMANCE". Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY' s agreement to extend the term or the schedule for performance shall not preclude recovery
of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services shall be based on the compensation structure
detailed in Exhibit C, entitled "COMPENSATION," including any reimbursable expenses
specified therein, and the maximum total compensation shall not exceed Two Hundred Eleven
Thousand, Three Hundred Ten Dollars ($211,310.00). The hourly schedule of rates, if
applicable, is set out in Exhibit C-1, entitled "SCHEDULE OF RATES." Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum
compensation set forth in this Section 4 shall be at no cost to the CITY.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the Services performed and the applicable charges (including, if
applicable, an identification of personnel who performed the Services, hours worked, hourly rates,
and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT's schedule
of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of
completion of each task. The information in CONSULTANT's invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY's Project Manager at the
address specified in Section 13 (Project Management) below. CITY will generally process and
pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it,
its employees and subcontractors, if any, possess the professional and technical personnel
necessary to perform the Services required by this Agreement and that the personnel have
sufficient skill and experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subcontractors, if any, have and shall maintain during the term
of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature
that are legally required to perform the Services. All Services to be furnished by CONSULTANT
under this Agreement shall meet the professional standard and quality that prevail among
professionals in the same discipline and of similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement, as amended from time to time. CONSULTANT shall
procure all permits and licenses, pay all charges and fees, and give all notices required by law in
the performance of the Services.
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SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT's errors and omissions, including, but not limited to, the costs of corrections such
errors and omissions, any change order markup costs, or costs arising from delay caused by the
errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds the CITY' s
stated construction budget by ten percent (10%) or more, CONSULTANT shall make
recommendations to CITY for aligning the Project design with the budget, incorporate CITY
approved recommendations, and revise the design to meet the Project budget, at no additional cost
to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees
that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be
deemed at all times to be an independent contractor and shall be wholly responsible for the manner
in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status
with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY
pertaining to or in connection with any retirement, health or other benefits that CITY may offer its
employees. CONSULTANT will be responsible for all obligations and payments, whether
imposed by federal, state or local law, including, but not limited to, FICA, income tax
withholdings, workers' compensation, unemployment compensation, insurance, and other similar
responsibilities related to CONSULTANT's performance of the Services, or any agent or
employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as
creating an employment or agency relationship between CITY and CONSULTANT or any agent
or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY
shall be construed as providing for direction as to policy and the result of CONSULTANT's
provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign
or transfer any interest in this Agreement nor the performance of any of CONSULTANT's
obligations hereunder without the prior written approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without
effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement
will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the
parties.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the Services to be performed under this
Agreement without the prior written authorization of the City Manager or designee. In the event
CONSULTANT does subcontract any portion of the work to be performed under this Agreement,
CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
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CONSULTANT shall be responsible for directing the work of any subcontractors and for any
compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning
compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts
and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with
the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. C-ONSULTANT will assign William Hoose as
the CONSULTANT's Project Manager to have supervisory responsibility for the performance,
progress, and execution of the Services and represent CONSULTANT during the day-to-day
performance of the Services. If circumstances cause the substitution of the CONSULTANT's
Project Manager or any other of CONSULTANT's key personnel for any reason, the appointment
of a substitute Project Manager and the assignment of any key new or replacement personnel will
be subject to the prior written approval of the CITY's Project Manager. CONSULTANT, at
CITY's request, shall promptly remove CONSULTANT personnel who CITY finds do not
perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate
or timely completion of the Services or a threat to the safety of persons or property.
CITY's Project Manager is Clare Campbell, Planning and Development Department, Planning and
Community Environment Division, 250 Hamilton Avenue Palo Alto, CA, 94301, Telephone:
(650) 617-3191. CITY' s Project Manager will be CONSULTANT' s point of contact with respect
to performance, progress and execution of the Services. CITY may designate an alternate Project
Manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without
limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications,
computations, models, recordings, data, documents, and other materials and copyright interests
developed under this Agreement, in any form or media, shall be and remain the exclusive property
of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights
which arise from creation of the work product pursuant to this Agreement are vested in CITY, and
CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual
property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall
make any of such work product available to any individual or organization without the prior written
approval of the City Manager or designee. CONSULTANT makes no representation of the
suitability of the work product for use in or application to circumstances not contemplated by the
Scope of Services.
SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized
representatives to audit, at any reasonable time during the term of this Agreement and for four (4)
years from the date of final payment, CONSULTANT's records pertaining to matters covered by
this Agreement, including without limitation records demonstrating compliance with the
requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain
and retain accurate books and records in accordance with generally accepted accounting principles
for at least four (4) years after the expiration or earlier termination of this Agreement or the
completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
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16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend
and hold harmless CITY, its Council members, officers, employees and agents (each an
"Indemnified Party") from and against any and all third party demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorney's fees, experts fees, court costs and
disbursements ("Claims") to the extent that such Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents
or contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of
defense costs exceeding CONSULTANT's proportionate percentage of fault as determined by the
final judgment of a court of competent jurisdiction.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active
negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of,
or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its
officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT's Services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under
this Agreement is effective unless it is in writing in accordance with Section 29.4 of this
Agreement. 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 granted shall
apply solely to the specific instance expressly stated. No single or partial exercise of any right or
remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in Exhibit
D, entitled "INSURANCE REQUIREMENTS". CONSULTANT and its contractors, if any, shall
obtain a policy endorsement naming CITY as an additional insured under any general liability or
automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best's Key Rating Guide ratings of A -:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming CITY
as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the approval
of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary
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coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except
after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation
or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30)
days' notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written
notice of the cancellation or modification within two (2) business days of the CONSULTANT's
receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates
evidencing the insurance are provided to CITY' s Chief Procurement Officer during the entire term
of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement, including
such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material
obligations under this Agreement, in addition to all other remedies provided under this Agreement
or at law, the City Manager may terminate this Agreement sooner upon written notice of
termination. Upon receipt of any notice of suspension or termination, CONSULTANT will
discontinue its performance of the Services on the effective date in the notice of suspension or
termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the
City Manager on or before the effective date in the notice of suspension or termination, any and
all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed,
prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such
work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the
Services rendered and work products delivered to CITY in accordance with the Scope of Services
up to the effective date in the notice of suspension or termination; provided, however, if this
Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be
obligated to compensate CONSULTANT only for that portion of CONSULTANT's Services
provided in material conformity with this Agreement as such determination is made by the City
Manager acting in the reasonable exercise of his/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25,
27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made
in accordance with Section 17 (Waivers).
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SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY:
Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Michael Baker International
3760 Kilroy Airport Way, Suite 270
Long Beach CA 90806
Attn: William Hoose
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance
with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the
State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any
conflict arises.
21.3. If the CONSULTANT meets the definition of a "Consultant" as defined by
the Regulations of the Fair Political Practices Commission, CONSULTANT will file the
appropriate financial disclosure documents required by the Palo Alto Municipal Code and the
Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended
from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person due to that person's race, skin color, gender, gender
identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic
information or condition, housing status, marital status, familial status, weight or height of such
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person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the
penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining
to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans
Disabilities Act ("ADA"), programs, services and other activities provided by a public entity to
the public, whether directly or through a contractor or subcontractor, are required to be accessible
to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a
manner that complies with the ADA and any other applicable federal, state and local disability
rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate
against persons with disabilities in the provision of services, benefits or activities provided under
this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally
Preferred Purchasing policies which are available at CITY's Purchasing Department, hereby
incorporated by reference and as amended from time to time. CONSULTANT 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, CONSULTANT shall comply with the
following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to CITY generated from a
personal computer and printer including but not limited to, proposals, quotes, invoices, reports,
and public education materials, shall be double -sided and printed on a 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.
(b) Goods purchased by CONSULTANT 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 Department's office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no
additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62
(Citywide Minimum Wage), as 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, CONSULTANT 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,
CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in
accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. 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, as amended from time to
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time. 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.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related
requirements. CONSULTANT is not required to pay prevailing wages and meet related
requirements under the California Labor Code and California Code of Regulations in the
performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California
Labor Code Sections 1782(d)(1), 1725.5(0 and 1773.3(j); or
(3) is for a public works alteration, demolition, repair, or maintenance project of
$15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(0 and
1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR "9204 PUBLIC WORKS PROJECTS". For
purposes of this Section 27, 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. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code
Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in
Exhibit F, entitled "Claims for Public Contract Code Section 9204 Public Works Projects".
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to
CITY's Confidential Information (defined below). CONSULTANT will hold Confidential
Information in strict confidence, not disclose it to any third party, and will use it only for the
performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical
safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its
employees, agents and subcontractors, if any, to the extent they have a need to know in order to
perform CONSULTANT's obligations to CITY under this Agreement and for no other purpose,
provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality
and security obligations of this Agreement.
28.2. "Confidential Information" means all data, information (including without
limitation "Personal Information" about a California resident as defined in Civil Code Section
1798 et seq., as amended from time to time) and materials, in any form or media, tangible or
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intangible, provided or otherwise made available to CONSULTANT by CITY, directly or
indirectly, pursuant to this Agreement. Confidential Information excludes information that
CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it
was provided or has subsequently become publicly known other than by a breach of this
Agreement; (ii) was rightfully in CONSULTANT's possession free of any obligation of
confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by
CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is
independently developed by employees of CONSULTANT without any use of or access to the
Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an
authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential
Information to the extent required by order of a court of competent jurisdiction or governmental
body, provided that CONSULTANT will notify CITY in writing of such order immediately upon
receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing
so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in
the security of its systems or unauthorized disclosure of, or access to, Confidential Information in
its possession or control, and if such Confidential Information consists of Personal Information,
CONSULTANT will provide information to CITY sufficient to meet the notice requirements of
Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement,
CONSULTANT will honor any request from the CITY to return or securely destroy all copies of
Confidential Information. All Confidential Information is and will remain the property of the CITY
and nothing contained in this Agreement grants or confers any rights to such Confidential
Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the
terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its
conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara,
State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value
of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated
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agreement between the parties with respect to the subject matter of this Agreement, and supersedes
all prior agreements, negotiations, representations, statements and undertakings, either oral or
written. This Agreement may be amended only by a written instrument, which is signed by the
authorized representatives of the parties and approved as required under Palo Alto Municipal
Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in
full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the
exhibits hereto (per Section 30) or CONSULTANT's proposal (if any), the Agreement shall
control. In the event of a conflict between the exhibits hereto and CONSULTANT's proposal (if
any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this
Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and
reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when
executed by the authorized representatives of the parties, shall together constitute a single binding
agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is
selected below, is hereby attached and incorporated into this Agreement by reference as though
fully set forth herein:
® EXHIBIT A: SCOPE OF SERVICES
EXHIBIT B: SCHEDULE OF PERFORMANCE
• EXHIBIT C: COMPENSATION
® EXHIBIT C-1: SCHEDULE OF RATES
® EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS
ARE ATTACHED.
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CONTRACT No. C23187284 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement as of the date first above written.
CITY OF PALO ALTO MICHAEL BAKER INTERNATIONAL
City Manager
APPROVED AS TO FORM:
City Attorney or designee
Officer 1
By:
Name:
Title:
Officer 2
By:
Name:
Title:
DocuSigned by:
wig is w� ki st,
vice President
DocuSigned by:
c
tour. biktiz iyaaA,
Fa rhC11gezik ian
Tanya j
Assistant Secretary/VP
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled "SCOPE OF
SERVICES".
CONSULTANT shall provide professional services for the City's administration services for the United
States Department of Housing and Urban Development's (HUD) Community Development Block Grant
(CDBG) Program.
Task 1- Reporting
1. Prepare and submit the required program plans to HUD:
a. Annual Action Plan (including FY 2024-25 and FY 2025-26 plan preparation, HRC
compliance, IDIS submission).
b. CAPER (Consolidated Annual Performance and Evaluation Report -FY 22-23; FY 23-
24).
c. Substantial Amendments, as needed, limited to one per program year.
2. Develop, implement, and administer eligible CDBG programs and activities.
3. Prepare and implement all public outreach programs and public participation under the CDBG
program consistent with the City's Citizen Participation Plan (CPP).
4. Ensure compliance with the national objectives as required by HUD.
5. Prepare reports in a timely manner to meet HUD/CDBG mandated report submittal dates.
6. Complete new 2025-2030 Consolidated Plan and update 2025-2030 Analysis of Impediments.
Task 2 - Environmental Review Record (ERR)
1. Review applications and projects for compliance with the National Environmental Policy Act
(NEPA)
2. ERR completion for activities approved for Program Years: FY 23-24 and FY 24-25
a. Prepare documentation for environmental clearance as required for CDBG projects,
including support documents such as completed checklist, technical studies, reference
maps, letters from State Historic Preservation Officer (SHPO), and mailing receipts for
categorical exemptions.
b. Prepare Categorical Exclusion Subject To (CEST) and Environmental Assessments (EA).
c. Prepare all documents required by the CDBG Program for the City to receive the
Authority to Use Grant Funds (AUGF) from HUD.
Task 3 - Monitoring
1. Fully administer CDBG Entitlement Program.
2. Ensure labor compliance by ensuring public works/improvement projects using CDBG funds
comply with CDBG regulations and Section 3 requirements.
3. Ensure labor compliance through project schedule, bid process, pre & post award, employee
interviews, and reviewing certified payrolls for compliance with labor standards and prevailing
wages for various projects.
4. Coordination and outreach to internal staff to facilitate public improvement programs with Public
Works and other City staff.
5. Conduct annual subrecipient programmatic and financial monitoring including: prepare
monitoring letters, client file review, monitoring work sessions, technical assistance, follow-up
monitoring needs and final monitoring report.
6. Ensure City file management by retaining and organizing City files and providing quarterly file
management and annual record transfers.
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7. Review bid documents and check for compliance with Section 3, Minority Business Enterprise/
Small Business Enterprise/Women Business Enterprise (MBE/SBE/WBE), Davis -Bacon, Form
4710, and other applicable HUD regulations for Capital Improvement Projects.
8. Consultant shall establish and maintain administrative files that shall be transmitted to the City at
the end of the program year.
9. Update the City's CDBG policies and procedures as needed.
Task 4 - Financial
1. Complete Subrecipient-Quarterly Reports and Invoice Review to ensure contract and HUD
compliance, Annual Subrecipient-Contracts, Manuals/Policies Updates, Monthly Budget, CDBG
Drawdown Requests, Integrated Disbursement and Information System (IDIS) Management
activity setup and accomplishments.
2. Assist City staff in maintaining information on the IDIS.
3. Prepare monthly budgets and provide updates at weekly status meetings.
4. Review and input subrecipient quarterly reports into IDIS.
5. Assist with the preparation of drawdowns.
6. Provide general CDBG administrative services and subrecipient technical support.
7. Review and process invoices from program subrecipients.
8. Facilitate communication between the City and HUD.
9. Update federal regulations policy/procedure manuals, as necessary.
10. Provide the City with technical assistance regarding regulatory, program, financial compliance to
federal laws.
11. Completion and submission of all financial and performance reports required by the program
(e.g., monthly, quarterly, annual, close- out, etc.).
12. Prepare all CDBG drawdown requests and will ensure that the City receives participating
expenditure reimbursements as expeditiously as possible.
Task 5 - Other Services
1. Complete Unplanned/Substantial Amendment ERR(s)
2. Act as the primary point of contact for the public and City staff for all CDBG program questions.
3. Maintain regular communications with the City's HUD representative and attend check -in
meetings as needed.
4. Prepare staff reports and presentations for public meetings related to the CDBG Program.
5. Attend all CDBG public meetings and provide presentations and respond to program questions at
those public meetings.
6. Prepare all CDBG related ad language and submit to the newspaper; City will cover cost of
advertising.
7. Assign one primary point -of -contact to work with City staff. This lead contact will oversee all
CDBG program tasks and act as the primary communicator with the City.
8. Respond to or acknowledge written and verbal inquiries from City staff or members of the public
within 24 hours. This includes responses to regulatory, program compliance, and financial
questions from City staff and subrecipients.
9. Provide regular updates to the CDBG web page in coordination with City staff.
10. Maintain a shared document for an on -going task list for program management that includes
weekly status updates.
11. Meet with City staff for a weekly status check -in as needed.
12. Proactively provide streamlining and process improvement suggestions for administering the
CDBG program.
13. Provide detailed monthly invoices noting which staff members are charging time and the
associated tasks and respective hours.
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so
long as all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed ("NTP") from the CITY.
TASKS
SCHEDULE
Task 1 — Reporting
Daily/Ongoing
Task 2 — Environmental Review Record
Daily/Ongoing
Task 3 — Monitoring
Daily/Ongoing
Task 4 — Financial
Daily/Ongoing
Task 5 — Other Services
Daily/Ongoing
General Timeline of Activity
Month
Activity
July
Staff assistance with CDBG Program compliance - Monitoring as requested —
Subrecipient management - Review/assist with other HUD -funded programs as needed
August
Staff assistance with CDBG Program compliance - Monitoring report complete and
uploaded to IDIS - Subrecipient management - Draft CAPER - Review/assist with other
HUD -funded programs as needed
September
Staff assistance with CDBG Program compliance - Subrecipient management - Final
CAPER - Review/assist with other HUD -funded programs as needed
October
Staff assistance with CDBG Program compliance - CDBG program guidelines -
Review/assist with other HUD -funded programs as needed
November
Staff assistance with CDBG Program compliance - CDBG program guidelines -
Review/assist with other HUD -funded programs as needed
December
Staff assistance with CDBG Program compliance - CDBG program guidelines - Review of
construction projects for HUD compliance - Review/assist with other HUD -funded
programs as needed
January
Staff assistance with CDBG Program compliance - CDBG program guidelines - Review of
construction projects for HUD compliance - Review/assist with other HUD -funded
programs as needed
February
Staff assistance with CDBG Program compliance - Review of construction projects for
HUD compliance - Review/assist with other HUD -funded programs as needed
March
Staff assistance with CDBG Program compliance - Review/assist with other HUD -funded
programs as needed
April
Draft Annual Action Plan - Staff assistance with CDBG Program compliance -
Review/assist with other HUD -funded programs as needed
May
Final Annual Action Plan - Staff assistance with CDBG Program compliance -
Review/assist with other HUD -funded programs as needed
June
Staff assistance with CDBG Program compliance - Review/assist with other HUD -funded
programs as needed
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and
conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be
calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for
each task set forth below.
CITY's Project Manager may approve in writing the transfer of budget amounts between any of the tasks
or categories listed below, provided that the total compensation for the Services, including any specified
reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the
Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional
Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred
for which payment would result in a total exceeding the maximum amount of compensation set forth in
this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
TASKS
Fiscal Year 2024 Amount
Fiscal Year 2025 Amount
Task 1— Reporting
$24,375
$42,350
Task 2 — Environmental Review
Record
$12,500
$13,000
Task 3 — Monitoring
$32,750
$34,060
Task 4 — Financial
$23,125
$24,050
Task 5 — Other Services
$2,500
$2,600
Sub -total for Services
$95,250
$116,060
Reimbursable Expenses
$0
$0
Total Compensation
$95,250
$116,060
Total Not To Exceed (Fiscal Year 2024 + 2025)
$211,310
Budget reflects flat hourly rate of $125 with a 4% increase from Fiscal Year 2024 to 2025; FY2025
includes Consolidated Plan and Analysis of Impediments (AI) in Task 1.
REIMBURSABLE EXPENSES
CONSULTANT'S ordinary business expenses, such as administrative, overhead,
administrative support time/overtime, information systems, software and hardware,
photocopying, telecommunications (telephone, internet), in-house printing, insurance and
other ordinary business expenses, are included within the scope of payment for Services and
are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be
reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will
be reimbursed are: NONE up to the not -to -exceed amount of: $0.00.
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A. Travel outside the San Francisco Bay Area, including transportation and meals, if
specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto's
policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges, if specified as reimbursable, will be reimbursed at actual
cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this
section, shall be accompanied by appropriate backup documentation and information.
EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT's schedule of rates is as follows:
POSITION
HOURLY RATE
(Fiscal Year 2024)
HOURLY RATE
(Fiscal Year 2025)
Project Director
$185
$192
Project Manager
$150
$156
Labor Compliance
$125
$130
Senior Environmental Planner
$150
$156
Assistant Project Manager
$80
$83
Other technical/administrative staff
$80
$83
4% increase from Fiscal Year 2024 to 2025
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS 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 HEREIN.
REQUIRED
TYPE OF COVERAGE
REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE
AGGREGATE
YES
YES
WORKER'S COMPENSATION
EMPLOYER'S LIABILITY
STATUTORY
STATUTORY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
BODILY INJURY
$1,000,000
$1,000,000
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
PROPERTY DAMAGE
$1,000,000
$1,000,000
CONTRACTUAL, AND FIRE LEGAL
BODILY INJURY & PROPERTY
$1,000,000
$1,000,000
LIABILITY
DAMAGE COMBINED.
BODILY INJURY
$1,000,000
$1,000,000
- EACH PERSON
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
- EACH OCCURRENCE
$1,000,000
$1,000,000
INCLUDING ALL OWNED, HIRED,
NON -OWNED
PROPERTY DAMAGE
$1,000,000
$1,000,000
BODILY INJURY AND PROPERTY
$1,000,000
$1,000,000
DAMAGE, COMBINED
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
ALL DAMAGES
$1,000,000
APPLICABLE), AND NEGLIGENT
PERFORMANCE
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, 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
CONSULTANT 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.
1. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONSULTANT'S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE
AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL
INSUREDS:
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.
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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 CONSULTANT 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 CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE
FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://W W W.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET BIDS HOW TO.ASP
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