HomeMy WebLinkAbout0507.000'. '
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September 13, 1990
THE HONORABLE CIT\, COUNCIL
P&lo Alto, California
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civic center itemooel and Relocation Project. elP 19119 -Consultant
Agreement
Members of the Council:
Report in Brief
This repo-rt. recommends that Council approve an aqreelnent with Mock}
Wallace Architects in the amount of $44,515 to provide design
services and construction supervision for the Civic center
Remodelinq and Relocation Project. This project l approved by
council in May 8 1 1990, includes the rec~fiquration of floors 2~
3 and C to accommodate relocation of utilities budget staff to tie
Finance Department. It also addresses the epace needs for
additional staff hired fo~ the utilities Infrastructure.
Piscussion
A Request for Proposals was sent to three ~sultant firms l which
were intervie~ed by a selection advisory committee in accQrdance
with the City's selection procedure for p~ofessional consultants.
The fi~s interviewed were:. Spencer' Associate.s; Hock/Vallace
Architects; and CSS Associates Architects. The selection advisory
committee consisted of staff froll the Utilities~ Finance l and
Public WGrks DepartlDents. The committee selected Kock{Wallace
Architects based on the -written and ora1 presentation and the
expertise available ~ithin the firm related to the project. This
p-roject 'Was included on the list of FY 1990-91 consultant work
submitted to the Finance and Public Works Committee in July 1990 1
and was not selected to be returned to the Committee fo~ review.
The conSUltant will be required to prepare prelillinary design
review~ tinal design and construction documents. cost estimates and
the project schedule. The consultant also will provide
construction supervisIon as required by the City for all phases of
the remodeling project.
ReCOmmendations
Staff recommends that Council:
1. Approve and atlthorize the Kayor to elCecute the attached
consultant agreement with Hock/Wallace Architects in the
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amount of $44 .. 515 for desiqn and construction pha.se consultinq
services for the civic Center Remodeling-and Relocation
project.
2. Authorize the city Manaqer or his designee to negotiate and
execute amendments for services related to or incidental to
the scope of 'Work or services. t.he value of all of whicb
e~ange orders shall not exceed 'S,O~o.
Respectfully submitted,
CAL CORAN
Facilities Management
)J(UJ-;'~ LJ. ~
DAVID G. ADAMS
Director of Public Works
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City" Manager
Attachment: Agreement
Related CKR: 282:0
CKR: ~07: 0
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A G R E E M E H ~
8ETWEEN THE CITY OF PALO ALTO AND
MOCIC/WALLACE ARClIITECTS POIt
PROFESSIONAL CONSULT~ SERVICES
THIS AGREEMENT is :made and entered into this day of
• 1990, by and between the CITY OF PA~L'rO, a
=m~un~i~c~i~pa~l'-~corporation of California, hereinafter referred to as
·CIT~· and MOCKfWALLACE ARCHITECTS (Taxpayer Identification No.
2j;2.~ f,,~(.fI ), a _. with office5 at
1108 Bryant Street, San Francisco, CA 94103, bereinafter referred
to as ·CONSULTANT-;
W I ~ • E S SIT B:
WHEREAS, CITY desires certain professional services
hereinafter described; and
WHEREAS, CITY desires to enqage CONSULTANT to provide -
these services by reason of its qualifications and experience for
performing such services, and CONSULTANT has offered to provide the
required services on the terms and in the manner set forth herein;
NOW, THEREFORE~ in consideration of their mutual
covenants, the parties hereto agree as follows:
SECTIQN 1 -PEfINiTIONS
1.1 l:ll:X-
Tbe term ·City· as used in this Agreement shall mean and
include all the territory lying within the municipal boundaries of
the City or Palo Alto, California~ as presently existing, plus all
territory whiCh Ilay be added thereto during the term of this
Agreement by annexation or otherwise.
1 • 2 eI TV MANA.~ER
The tenn ·City Manager· shall mean the duly appointed
City Manager of the City of Palo Alto, California I or his
designated representativ~.
l.~ CITY ATTORNEY
The term ·City Attorney· shall mean the duly appointed
City Attorney of the city of Palo Alto... California... or his
_designated representative.
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1~4 CITY CLERK
The term ·City Clerk-sball mean the duly appointed city
Clerk of the City of Palo Alto" California" or her designated
representative~
1.S RISK MANAGER
The term -.Risk Manager-shall :ztIean the duly appointed
Risk Manager of the City of Palo Alto~ California l or his
designated representative.
1. 6 PRO.JECT
The term -Project-means the improvements described in
Exhibit -A· entitled ·Scope of Project-attached hereto and made a
part hereof.
SECTION 2 -PROJECT COORDINATION
The City Manager shall be representative of CITY for all
purposes under this Agreement. Karen Grippi is designated as the
PROJECT MANAGER for the City Manager" and sbe shall supervise the
progress and execution of this Agreement.
2.2 CONSULT~
CONSULTANT shall assign a single PROJECT DIRECTOR to have
overall responsibility for the progress and execution of this
Agreement. for CONSULTANT.. Ron Wallace hereby is designated as the
PROJECT DIR..ECTOR for CONSULTANT.. Should circumstances or condi
tions subsequent to the execution of this Agreement require a
substitute. PROJECT DIRECTOR for any reason tile PROJECT DIRECTOR
desiqnee sball be subject to the prior written approval of tie
PROJECT MANAGER.
sECTION 3 -$COPE OF PROJECT
Tbe scope of the Project to be executed by CONSULTANT
under the phases of the Basic Services described in Section CoOl of
this Agreement is as descr~ed in Exhibit ·A·~
S&c'fiON " -DUT;{_~_ CONSULTANT
4.1 BASIC SERVIC§
. unless otherwise indicated, CONSULTANT shall perform each·
task and acc:omplish each objective. described in Exhibit -A· ~
CONSULTANT's Basic services shall be furnIshed as described in
Exhibit -A-..
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C.2 GENERAL DUTIES OF CONSULTANT
4.2.1 CONSULTANT represents that it is qualified to
furnish the services described under this Agreement. CONSULTANT
further declares that one or more members or employees of his firm
and th5t of its subconsultants. if any. are licensed by the state
of California to perform their services and that these services
~ill be perfor.med hy them or under their supervision. CONSULTANT
shall furnish to CITY for approval. prior to execution of this
Aqreement l a list of all firms or corporations to be employed as
subconsul tants.
C. 2.2 CONSULTANT states that it. is aware of the
requirements of the Government Code and the Health and Safety Code
of the state of California relating to ~ccess to public buildings
and accommodations for physically handicapped persor..s", and relating
to facilities for ha:'>dicapped ~rsons. CONSULTANT shall comply
with such provisions in carrying out the terms of this Agreement.
4.2.3 CONSULTANT sball furnish CITY with every
reasonable opportunity for CITY t.o ascertain that the services of
CONSULTANT are being performed in accordance with the requirements
"and: intentions of this Agreelttent.
SECFrCN S -DUTIES OF CITY
5.1 CITY shall provide full information regarding its
requirements for the Project ..
S.2 CITY shall examine Ovcumcnts submitted by CONSULTANT and _
shall render decisions pertaining thereto promptly, to avoid
unreasonable delay in the progress of OONSULTAN7's vork.
5.3 CITY shall furnish all such relevant infonnation as is in
CITY's files or is at its disposal.
5.4 If CITY observes or othervise becomes aware of any fault
or defect in the Project or nonconformance with the contract
documents, CITY shall give prompt written notice thereof to
CONSULTANT •
SECTIO~ 6 -PAXXEtIT
Payment shall be made by CITY only for services rendered
aDd within thirty (30) days of submission of monthly progress
payment requests. Each invoice shall be iteIllized as to the type of
payment described in this section.
In consideration for the full performance of the Basic
Services and reimbursable expenses described in Section 4.1 of this
Agreement, CITY agrees to pay CONSULTANT a fee not. to exceed Forty-
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four Thousand Five HUndred Fifteen Dollars ($44,515) for the
Project ..
The amount of CONSULTANT's compens~tion shall be
calculatea as set forth in Exhibit -B-.. standard Fee Schedule ...
attached hereto, up to the maximum amount set forth in this
paragraph 6.1.
E .1.1 Subconsultants. Fees for subccnsultants, hired
directly by ,CONSULTANT ... shall be ~pproved by CITY in advance of
incurring such fees.
6.1.2 For Extra Work or Changes. Payment for extra
work ~r changes in the work not initiated by the CONSULTANT and
authorized in writing by the PROJECT MANAGER sball be made within
thirty (30] days o:f submission by CONSULTAN'l' o~ a statement of
itemized costs covering such work. Prior to c~~encing such extra
work or changes ... CONSULTANT and CITY shall agree upon an estimated
not-to-exceed cost for such ertra 'Work. In no event shall
CONSULTANT be paid for design work or change order preparation
which is necessary because of CONSOLTANTr s errors or oversights.
6.1.3 Calculation of Direc~ Personnel Expense.
Direct personnel expense of employees engaqed on the Project by
CONSULTANT includes the work of architects 6 engineers, designers,
job captains, draftspersons, specification writers a~ typists, in
consultatioo,-research and design, in prod,ucing dra'Wings, specifi
cations and other documents pertaining to the project, and in
services during construction at the site. rncluded in the cost of
direct personnel expense of these employees are salaries and
mandatory and customary benefits sucb as statut.ory employee
benefits, insurance. sick leave, bolidays and vacations. pensions
and similar benefits.
6. 2 PA\'XEI>IT SCHEDULE
6.2.1
Services shall be
services performed
For Basic Services. Payment.s for Basic
Jrlade in progress pa)"lnent.s in proportion to
in accordance with Exhibit -s-.
Firla1 payment shall be made by CITY after CONSULTANT has
sUbmitted all required products and reports and received approval
thereon.
15.2.2 Ded,uctions.
CONSOL~AN~'s compensation on
damages. or other sums withheld
No deductions shall be made from
account of penalty. liquidated
from payments to contractors.
6.2.3 Payment Upon Sllspel'1sion or AbandonmEl:_~
Project. If the Project is suspended for more "than three (J)
months or eba~ed in wb~le or in part. CONSULTANT shall be paid
its compensation for services per-formed prior to receipt of written
notice from CIT¥ of such suspension or abandonment, together with
additional and reimbursable expenses then due. If the project is
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resumed after being suspended for more than ninety (90) days, any
change in CONSULTANT's compensation shall be subject to rene~otia
tion and. if necessary. approval by tbe Palo Alto city Council. If
this Agreement is suspended or terminated ~or fault of CONSOLTANT.
CITY shall be obligated to compensate CONSULTANT only for that
portion of CONSULTANT's services ~hich are of benefit to CITY.
SECTION 7 -PROGREss AND COMPLETION
7.1 TIME JS Of THE ESSENCE
it is understood and agreed th~t time is of the essence
of this Aqreement. and that. following receipt of Notice to
Proceed. CONSULTANT shall commence the wor-k under this Agreement in
accordance with Exhibit -A-.
'J.2 TIME OF COMPLETION OF E}.CH PHASE
CONSULTANT agrees to perfonn the services within the time
limits set fo~th in Exhibit -A-provided~ however, that any change
in the scope of services or other Changes due to CITY's op~rating
requirements. or in connection with other coctractors or consul
tants operations, Eay require a revised time table~
CITY agrees to exercise due diligence in performing its
tasks to Implement the CONSULTANT's time table~
7.3 CITY1S REVI~ AND APPROVAL
Batween each phase of 'Work there is a review and approval
period by CITY ~ The CITY" will exercise due diligence to. complete _
these tasks; bowever. it is recoqnizea that the interrelated
exchange of information among CITY's various departments makes it
impossible to set a specific time schedule. Normally, the CITY's
estimated per-iod of review and appr-oval will be furnished to
CONSULTANT at the time of submissIon of each phase of work~
"1.4 EXTENSION OF TIJ<E OF <OQKPI,ETION
In the event the services called for under this Agreement
are not completed by CONSULTANT within the time specified. CITY
shall have the option to extend the time of completion~ This para
graph does not. preclude the recover)" of damages for delay of either
party.
SECTION 8 -CHANGES IN ~ORX
CITY may order major changes in scope or character of
work, either decreasing or incr-easing the amount of CONSULTANT's
services. In the event that such changes are ordered, CONSULTANT
sball be entitled to .full compensation for all work per.fonaed prior
to receipt of notice of change. Increased ·CompensatIon for major
changes shall be determined in accordance with section 6 of the
Agreement, but in no event shall CITY be lia~le for payment unless
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the amount of sucb extra compensation shall first have been agreed
to in writing by CITY.
In tbe event that major cbanges are ordered pursuant to
this section. the scbedule for progress and completion in Section
1 of this Aqreement and compensation shall be adjusted by negotia
tion between CONSULTAN'l' and CITY', subject to approval. if necessary
by the Palo Alto city council.
~ON 9 __ -TERMINATION OR SUSP_ENSION OF AGREEMENT
9.1 CANCELLATION BY CONSQLTANI
CONSULTANT may terminate this Agreement or suspend ~ork
on the Project upon thirty (30J days' written notice to CITY, but
only in the event of substantial failure of performance by CITY or
in the event CITY abandons or indefinitely postpones tbe project.
9.2 CANCELLATION BY CITY
Withou.t limitation to such rights 'Or remedies as CITY
shall otherwise have by laW'. CITY sball bave t.he right to termil'l:ate
this Agreement or suspend ~-ork on the project upon fifteen (15)
days I written notice to CONSU""LTANT. or illlICediately after submission
to CITY by CONSULTANT of any completed item of service specified in
Section' of this Agreement. CONSULTANT agrees to cease all work
under this Agreement upon receipt of said w~itten notice.
In the event of termination of this
suspension of work on the Project by either CIT¥
CONSULTANT shall receive compensation as follO"w's:
Agreement or
or CONSULTANT r
9.3rl For-services for Which a notice to proceed bas
been issueo by CITY. but which have not been fully completed and
approved. CONSULTANT shall be compensated for said service in an
amount which bears the same ratio to the total fee otherwise
payable for the performance of said service as the service actually
rendered bears to the total service necessary for the full
performance of said item of service.
9.3.2 In no event shall the total compensation paid
in the immediately preceding paragraphs exceed the payment
specified in Section 6 for the respective items o~ service to be
furnished by CONSULTAN7.
9.3.3 Notwithstanding anything in the preceding para-
qraphs" upon terminat.ion for fault of CONSULTANT., CITY shall be
obligated to. pay for only that portion of the service which can be
inoo~rated in the Civic center remodel project.
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9 .. " DUTIES OF CITY AND CONSULIhNT
Upon termination of this Agreement or suspension of vork
on the Project by either CITY or CONSULTANT. all duties of CITY and
CONSULTANT. as set forth in Sections « and 5 hereinabove~ shall
terminate.
SECTION 10 _ -CONSULTANT'S A~TI]tIG RECORDS
Records of all of the expenses pertaining to the Project
shall bE kept by CONSULTANT on a generally recognized accounting
basis and shall be available to CITY at mutually convenient times.
SECTION 11 -OWNi;RSHIP OF DOCUMENTS
11.1 Subject to the provisions of Paragraph 11~2 belov, the
original orawings, maps, plans. designs~ records of survey. work
data" specifications, and other docwnents prepared by CONSOLTANT in
the performance of this Agreement, although instruments of
professional service, are and shall be the property of CITY wbether
the Project for which they are made is executed or not~
11.2 Upon termination under Section S of this Agreement and
upon CITY's payment of the amount required to be paid under same
section~ the ~riginals and all drawings, calculations. specifica
t.ions and similar documents become the property of CITY. and
CONSULTANT shall transfer them to CITY upon request without
additional compensation~ CITY shall have t.he right to utilize any
completed -or uncompleted drawings. estimates. specifications, and
other docwnents prep~red hereunder by CONSULTANT. however" CITY
sball indemnify CONSULTANT against any loss vhich may be caused to
CONSULTANT by such use and reuse~
SECTION 12 -INTEREST OF CONSLTLT_ANl'; CONSULTANT INDEPEN
DENT OF CITY
In accepting this Agreement, CONSULTANT covenants that it
presently bas no interest" and shall not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in
any manner or degree with the performance of -the services here
u·nder. CONSULTANT further covenants that, in the performance of
this Agreement. no $u~tractor or person having such an interest
sball be employed~ CONSULTANT certifies that no one vho has cr
will have any financial interest under this Agreement is an officer
or employee of CITY~
It is expressly agreed that in the performance of the
profe.ssional services required under this Agreement CONSULTANT, an.d
any of its sUbconsultants or employees~ shall at all time~ be con
sidered indepenaent contractors and not aqents or employees of
CITY.
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SECTION 1) -QUTS!OE CONSUIXk~TS
CONSUL'rA.'lT shall be responsible for employing all outside
ccnsultants (subconsultants) necessary to aid CONSULTANT in the
performance of the services listed in section 4 of this Agreement:
provided. however, that all such subconsul tants shal} receive prior
approval of CITY in writing and shall remain acceptable to CITY
aurinq the term of this Agreement.
SECTION 14 -INDEMNITY
CONSULTANT agrees to indemnify, defend and bold. hannless
C1TY~ its officers, agents and employees from any and all demands.
claims, or liability of any nature, including death or injury to
any person, property damage or any other loss, caused by or arisill9
out-of CONSOLTANT's, its officers', agents', subcontractors' or
employees' negligent acts, errors, or omisslons~ or villful
misconduct ... or cond·uct tor -which the law imposes strict liability
on CONSDLTANT in the performance or failUre to perform this
Agreement.
SECTIQN 15 -INSURANCE
15.1 LIABILITY INSURANCE
15.1.~ CONSULTANT, at its sole cost and expense~ shall
obtain and maintain~ in full force and effect throughout the entire
tera. o.f this Agreement ... the insurance coverage described in EXhibit
·C· ~ attached hereto and made a part bereof... insuring IlQt only
CONSULTANT and its subcontractors ... if any .. hut also .. with the_
exception of workers' compensation and employer'S liability
insurance. CITY, its officers, agents and employees~ and each of
them.. with respect: to activities and services performed by
CONSULTANT for or on behalf of CITY under the prOVisions of this
Agreement.
15.1.2 Certificates of such insurance, preferably on
the forms provided by CITY .. shall be filed ~ith CITY concurrently
with the execution of this Aqreem~nt or, with CITyls approval,
within ten (10) ~orking days thereafter. Said certificates shall
be subj ect to the approval of tne CITY' Risk Manager and shall
COl:Itain an endorsement stating t.hat said insurance is primary
coverage and will not be cancelled or altered by the insurer except.
after filing with the city Clerk thirty (30J days' prior written
notice of such cancellation or alteration ... and that the City ¢f
Palo Alto is named as an additional insured (except in policies of
professional liability insurance). Current certificates of such
insurance shall be kept on file at all times during the term of
.this A9reement with the City Clerk.
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15.2 CORRECTION OF ANY ERRO~ OMISSIONS. AND AM~IGUITIES
IN CONTRACT DOC-"UKENTS
Any errors, omissions, or ambiquities in the contract
documents which are discovered before the Project is out for bid
shall be corrected by CONSULTANT without cost to CITY. CONSULTANT
services required to make changes in constru~tion resulting from
errors I omissions, or ambiguities in the contract documents which
are discovered a~ter the contract is awarded shall be performed by
CONSVLTANT without cost to CITY only insofar as they result in
unnecessary or non-beneficial cbanges in construction. CONSULTANT
services required to make changes in construction resulting from
errors, omissions, or ambiguities to the contract documents which
are discovered after the contract is at",'arded shall be perforlJed by
CONSULTANT and shall be paid for by CITY only insofar as they add
benefit to the construction worka
SECTION 16 -WORKEI§ r COMPENSATION
CONSULTANT. by executing this Agreement~ certifies that
it is aware of the provisions of the Labor Code ¢f the state of
California which require every employer to be insured against
liability for ~orkers' compensation or to undertake self-insurance
in accordance with the provisions of that" Code~ and certifies that
it will comply ~ith such provisions before commencing the pertorm
anc~ of the work of this Aqreement.
SECTION 17 -AUDITS
CONSULTANT agrees to permit CITY to audit.. at any_
reasonable time during the term of this Agreement and for three (3)
years thereafter.. CONSULTANT's records pertaining to matters
covered by this Agreement. CONSULTANT further agrees to maintain
such records for at least three (3) years after the term of this
Agreement.
SECfION lJL-=-... ~_r;REEMENT BINDING
The terms. covenants. and conditions of this Agreement
shall apply to, and shall bind .. the heirs~ successors. executors~
. adIJtinistrators~ assigns. and subc-outr-actors of both parties.
SECTION 19 -NONA$SIqNABILIri
19.1 PERSONAL _SERVICES OF CONSULTANT
Both parties hereto recognize that this Agreement is for
the personal services of CONSULTAN'l' and cannot be t.ransferred~
"assigned or subcontra~ted by CONSULTANT without the prior written
consent of CITY.
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19.2 SERVICES OF SUBCQNSULTANT AND THEIR EMPLOYEES
CONSULTANT shall be responsible for employing or engaging:
all persons necessary to perforw: the services of CONSOLTANT here
under. No subconsultant of CONSULTANT will be recognized by CITY
as such; rather, all suboonsultants are deemed to be employees of
CONSULTANT, and it agrees to be responsible for their performance.
CONSULTANT shall q!ve its personal attention ~o the fulfillment of
the provisions of this Agreement by all of its employees and sub
consultants. if any. and shall keep the work under its control. If
any employee or subconsul tant of CONSULTANT .fails or refuses to
carry out the provisions of this Agreement or appears to be
incompetent or to act in a disorderly or improper manner I he or she
shall be discharged immediately froD the work under this Agreement
on demand of CITY~
S~JON 20
CONSUITANT
RELIANCE UPON PROFESSIONAL SKILL OF
It is mutually understood and agreed by and between the
parties hereto that CON..c:<'JLTAN'l" is skilled in the professional
calling necessary to perform the work agreed to be done bereunder
and that CITY relies upon the skill oL CONSULTAN'!' to. do and perforD.
the work in the most skillful JIIanner, and CONSULTANT agrees to. tbos
perform the work. The acceptance of CONSULTANT's work by CITY does
not operate as a release of CONSULTANT from said obligation.
SECtION 21 -WAIVERS
The waiver by either party of any breach or violation of _
any term.,. covenant., or condit.ion of this Agreement or of any
provision. ordinance, or law shall not be deemed to be a waiver of
any other term, covenant. condition, ordinance. or law or of any
subsequent breach or violation of the same or of any other term,
covenant., condition, ordinance, or law~ The subsequent acceptance
by either party of any fee or other money which may become due
hereunder shall not. be deemed to be a 'Waiver of any preceding
~reach or violation by the other party of any term, covenant. or
condition of this Agreement or of any applicable law or ordinance~
SECTION ~22 NO IMPLUD WAIVER
No payment.. partial payment". accept.ance, 0= partial
accept.ance by CITY shall operate as a waiver on the part of CITY" of
any of its rights under this Agreement.
SECTJON 23 -COSTS AND ATTORNEYS' FEE:S.
. '!'he prevailing-party in any action brouqht t.o enforce the
t.erms of this Agreement or arising out of this Agreement may
recover its reasonable costs and attorney fees expended in
conneption with such an action from the other party~
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SECTION 2. -NONDI~~IKINATION; PENALTY
24.1 ~~F CO~SULTANT
No discrimination shall be made in the emploYEent of
pe~s~ns under this Agreement because of the race# color, national
or~91n# ancestry, religion or sex of such person. If the value of
this Aqreement is, or may be" Five Thousand Dollars ($5,0'0.0) or
morel CONSULTANT agrees to met all requirements of the Palo Alto
Municipal code pertaining to nondiscrimination in employment and to
complete and submit the ·Compliance Re~rt--Ncndiscriminati~n
Provisions of city of Palo Alto contracts· on the form furnished by
CITY.
CONSULTANT agrees that each agreement for services from
independent providers shall contain a provision substantially as
fol10","s:
-PROVIDER shall provide CONSOLTANT vith a
certificate stating that he (or she) is currently in
compliance with all Federal and state of California la .. 's
covering nondiscrimination in employ:lent; that he (or
she) will pursue a:l affirmative .course of action as
required by the A.f.firmative Action Guidelines of the city
of Palo ~to; and that he {or she] will not discriminate
in the employment of any person under this contract.
because of race, color .. national origin, ancestry .. sex or
religion of such person.-
24.2 PE~ALTY FOR DI~IMINATION
If CoNSULTANT is found in violation of the nondiscrimina
tion prOV1S10ns cf the state of California Fair Employment
Practices Act or similar provisions of federal la~ or executive
order in the performance of this Agreement.. it shall thereby be
found in material breach of this Aqreement. Thereupon, CITY sball
have the power to cancel or suspend thIs Agreement .. in whole or in
part. or to ded·uct from the amount payable to CONSULTANT the sum of
Twenty-Five Dollars ($2S) for each person for each calendar day
during wbich such person was d~scriminated against. as damages for
said breach of contract .. or both. only a finding of the state of
California Fair Employment Practices Commission or the equivalent
federal agency or officer shall constitute evidence of a violation
of contract under this section.
If CONSULTANT is found in violation of the nondis
criaination provisions of this Agreement or the applicable
affirmative action quidelines pertaining to this Agreement.
CONSULTANT shall be found in material breach o~ this Agreement •
. '!'hereupon .. CITY shall have the power t.o cancel or suspend this
Agreement.. in whole or in part:, or to ded·uct from the amount
payable to CONSULTANT the SUD. of Two Hundred Fifty Dollars ($25-0]
for each calendar day d,uring which CONSULTANT is found to have been
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in such noncompli~nce as damages for said breach of contract, or
botll.
SECTION 25 -ARBITRATION
Upon agreement of the parties any controversy or claim
arisinq out of or relating t? this Al1reement may be settled by
arbitration in accordance with tbe Rules of the American Arbitra
tion Association., &.00 judgment upon the award rendered by the
Arbitrators may be entered in any court baving jurisdiction
thereof.
SECTION 26 -NOTICES
All notices hereunder shall be given in writing and
mailed., postaqe prepaid., by certified mail., addressed as follovs:
To CITY: Office of the City Clerk
250 Hamilton Avenue
Palo Alto., CA 9430)
To CONSULTANT: At.tention of the PROJECT DIRECTOR
at the address of CONSULTANT recited above
S.ECTION 21 -ALL COVENANTS ARE CONDITIONS
All provisions of this Aqreement are expressly made
condlticms.
~ION 28 -AGREEMENT CONTAINS ALL
UN])ERSTANDINGS; AMENDMENT
This c10cument represents tbe· entire and integrated
agreement between CITY and CONSULTANT and supersedes all prior
negotiations 6 representations, and aqreemp~ts. either written or
oral.
This document may be amended only by written instrument.,
signed by both CITY and CONSULTANT.
sEcrroN 2 9 -GOVERNING lAW
This Agreement shall be governed by the laws of the State
of California.
IX Ii:ITNESS WHEREOF. the parties hereto bave. executed this
Agreellent the day and year first above written.
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ATTEST, CITY OF PAW ALTO
City clerk Mayor
APPROVED AS TO FORM,
Assistant City Attorney
APPROVED,
Assistant City Manager
Risk Manaqer
APPROVED AS TO CONTENT,
Director of PUblic ~orks
Attachments:
EXHIBIT -A
EXHl.srr -8-
EXHIBIT ·C-
SCOPE OF PROJECT • SCHEOOLE
RATE SCHEDULE ~ PAYMENT SCHEOOLE
INSURANCE
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EXHIBI'I A
SOQPB OF PROJECT
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C1VIC CENTER
OFFICE BClLOING REMODEL
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The Civic center Remodeling Project encompasses the e~isting
Finance area on the 2nd :floor of city Hall, as sho~j'n in the attached
drawings" and all areas of the 3 rd:. and ,0. floors of City Hall
except the restrooms. The consultant shall provide layout studies
and space allocation design as required by the city to accomodate
all personnel-and orqanizational adjacencies in these areas.
The Consultant shall condu~t design conferences or intervie~s as
directed by the City~ with all affected Qepartments to aetermine
design criteria. The Consultant's design sball include all
furnituI:e layouts using el(isting Herman Miller furniture,
architectural finishes, ligbting, lI1echanical, electrical, and voice
and data ..
The Consultant, working with the City Project Manager, shall
provide a detailed phased scnedule for the remodeling of all the
areas incl1lding all aspects of construction, fUrniture teardo'Wll and
setup, moving, and the provision of temporary utilities to provide
uninte~ted service to-the public and uninterrupted functional
occu~ncy of the personnel in the involved areas ..
An itemized cost estimate for the entire project sball be provided
by the Consultarlt as part of the design phase ..
The Consultant shall provide full construction documents for this
project~ including 2 sets of all preliminary design drawings~ one
bound. set and one loose leaf set of specifications~ and Mylar
Transparencies.. The City shall reproduce the specifications and
blueline"drawings for bidding purposes.
The ConSUltant shall ~mplete all design work, incl"ooing
preliminary design rev~e ... -.. final design, and construction
docutDents~ cost estimates and :t-~oject schedule within 14 weeks from
notice t.o proceed. .
The Consultant shall provide construction support as re~Jired hy
the City throughout. all phases of the re~odeling project through
project acceptance.
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EDXU'I a
S7AJlD!1lj) FEE SCBEDtJ"LE
Consultant sball provide all services under this Agreementl
including the p~eparation of the construction documents for a not
to-exceed fee of forty-tour thousand five hundred fifteen dollars
(64.,515). This amount includes a not-to-exceed Engineering fee
~t o~ eigbt thousand fifty dollars t$8,050).
All payment.s by the City shall be made to Consultant within thirty
(30) days of receipt of additional itemized monthly progress
invoices which shall include engineering fees. However,. in no
event sball the total compensatlO1'l under this Agreement exceed
forty-four thousand five hundred fifteen dollars ($44,515) ..
C~sultant shall ~e paid on a time and roaterials basis according to
the following rates l shoUld any "'ork be requested by the City which
falls outside the scope of work of this project.
principal.
Designer
Drafter
Clerical
$15.00/hr
$60.00/hr
$35.00/hr
$35.00/hr
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City of Palo Alte>
InsuQce Requirements Ic>c eonQdC>Cs
CONTRAC'lOA.
.cONT FtACl" CO-ORDINATOR f~5~ ~E~ GRIPPI
CONTRACT OeSCFUPTION --r;ESIG~ SERVICES FDIt CIVIC CD-'TElL .RE.'1ODEL
r----__________ -=G-=Eo:N.ERAl TERMS AND INSTRUCc:T1=.:ON.:.;S:..:. ____ _
toNTRACiORS 10 THe CITY OF PAlO A1Jo. IJ THE 1Ft SOLE EXPE.'-.:5E. Si-",ALl Oa:TAIN AND \-!AN!AfN IN$URANC::: FO~ T~E E>:tM
OF THE CONTRACt (:ONTA.AClOF!5 vvrLl se: flEOUIR~D TO FiIDVlD( A Ce::;:TlFICAJE EVlDEtJC'NG THE rNS:jMf~E A~~D NA!.~ING
THE ClT'f AS AN ADOiTON.Al If',!SURE O .
THE CEFtilFICAlc; OF lNSURrJ\;CC: M'0Si BE-COMPLETED AND fX:::ClIT=:D EY m oWTHORlZ=:J REF'RESEr.rl;.,:n~'"C Of T~::: CO'.!=A.'l.:Y
PRO.tIOING tNSU;;..tJII.CE, FileD V.JJTri THE OT'( A!'IID APPROVED 6'( THE CINS Rt&< WoANAGER E;:'FQR.E THE CONTi=\ACT Wlll
BE CONStl)ERE) COf"'PLETE AS RESPECTS lNSURANCE.
TK~S 1f'IlS:f RVCT~ SHEET SHO\..A..D BE -GrvEN 10 YOU;:> IJ'I~SURANC E AGE N'f5:r::IDKEi=l. WITH THE FtE 001 RED CE r1t .tF1C.:..T c F JRt.'L
RETURN THe COMPLETED CHI.T ~JCATE lO THE CITY OF PALO ... i....iO CONTRACTII"-G DE?AFi7M~N.""[
THE lNSURANCE CQVEAAGES CHECKED EELD ..... ARc REOU1REO FOR nos CONTRACT..
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fa" "'01'11(£·1'{"$ ~;;~~TIO" S7ATUTO~'( ~~~:~=:::~-~~,~,c'<c,::::,ic;c.<Ct+:-=~"~=,~~<~"~:~:;"~~~;-iL':!c:-~,';;"~Co:~:·~~_~C:-:;.7~-.,{,
~ COU"~-W;!VE ~NS:-'V.l UIlE-1Vn' w.cw:m.:::;;: l SO')fl.~-~_'U~~ I ~ DU,~ ill: F; DOD, o~o
.. P;:;!"SO\'.~ IKJV;:;~ i P<;'o?;::;:-Y o_"'"'==-'./ tKJ/tS ()~. !! ~~f)c .. ()tJo
.. i""O"'-P ;:r;-"!A ?;=;O;=::=rrY ~"'* I . ---+1 -----I
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:~O:""" ~;~~t~i\II--~~::.~":=:::=:'-~-,~f~
~ f'.RIJr..sSlOOi.&.1. 1.1A!!rJTW INCWJtIING. ~----l--------E;:t"'0R5 ANI) Ot-J:!.S'O'".tS ~ t>ol.~Jl.'" -So 'I; 01'01000 : ==~~7,C:E~::~~~EJ _ .>'"
,lgJ THE ern' Of' ~ Al"; IS JO BE ""~E.o .e.s A!'I AD.:llnotiAl. INSURE:lo o 1i0 INS~ eEJ;nf~E JiEOOIH:E:D
---------
A. T~!' Ctt rI Palo AlIQ; i!5 Qi'f~~ 83"!! . .,. .... a..""W! emp~..s a~ r..a~:::" I!.!I II=jdjliC'l'"'iil ir5,.11'.:-:i. bit: DI1'¥.z;: I:C "IIIr.);I"" PE= ... .c:-mi!~ .. .,-..:!er ~o."";l'c::1 S.a-~ C:N!!"'~
as c.UCl'tJ ff. P1ilQ "'t:a. ev;., 5,'";an ~ prirr.a-y ~~;!, ... ~~ ... ~ of'~!t a:..£it'rS: C")i~lo PlS'lIr'iI r.s~ anC :a:'"<j c;:t--.aT ;;-,s\]1"cT""a; a ... ·.e:: t>.: l'".-; Ct'~·
be'lli excess Ir'lSlJI""olnC!' Ollrlt
e.. I"Ihe'e:he wor\ invcl'l.1!"5 gra~", ~,,~. e~vaJir;g. d".illl~. or Cll!\e":' tJ!",Ci!'~"'.j 11.-':-';'. a-.e-pcr,~ lI1:::lujes. ~s:rI"Cl>C~ (J' ... ir!!"S tOt"..:lL...;!!-,. p,~ "":''';;:1\5
f1I o:hef ,>rr,r:;r!" prope~ CIt '-rl!J tr"~~'" connec11Of"1 ther~ ... itt1 bela ... · the su~e cf. N gr:1md' ~ owneC by t!'Ic-c P~r1>!'s at:he Cr!;!,· (/ Poll':· ~tc.
C. Wt'oe~ h ~r'k "OItllvft .~m!i-eo'na.psl! ~~ b-plQ<'-iPed irl lhe-~ a!!:l.-e.
D 1"i'oe poI"q "cfc..'d"es. oil ~rDilitJ t;I ~ruI~ prCliisro'L
E. 0etI~ tNfJ1 ~OOO.ooo "",,5: be in::J<:::a!i!'C" an.::: ar-e ~d to ~rcvaI'.
F~ • s.u~ ~~ .re ~:"'CI!TlHf til" W!"lge<l' "vr'rIg ~ pt!rl.:o6 d rtM!7ji!: ~ 5'I.iIl~ h!ri!"'1"1 In s!dl '-~ ~ 'Ir;. Ao ~ Cer:.if,Qle, ~~. ~ <-"los
"f~" ,..(lII~ will be 1Nil£~ Ie thee Cit)' r:I P.-l:) AJ1Q, RJst. Itar-~f"!.. PO 600 ~ Pale) Alia. C.T,wm:a g..oo:;
Go Thejj;r.,..litr ~r..::t' P:lH(:f ~Il~ • comt'aClual rl.i!biT.~ en;;ia:"Serrul!'11 P;~'CJng ~~N:I! e:overzpe 'br-~'1C'"-S ;gr!'iI!mc:rI! 'Ir;l ind-!o"".no"lt' 11'Ie CfI.r
H. ThI-co..'!'~~ ..,.. .......... ...e-j" 1lJ'Ide~ Ihe pofjc>es iii. :!<6jec1 Ie all ~ IImru tff IN-pofo::ies c!es;-'I .... ~ he-r'!'':1 I!n" ~ts all 1m! po"t)'IItS&.s c.olI~-= tT. Mo"I!';n..
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[ ". \-6037F.ll CERTlHCATE OF <NSURANCE.. "OH-35
..... "" --~. ". ......... .'!.. ' -'-
.. :This is 10 certify Ih at ;--, ".
[J STATE' FARM MtrfUAL A UTOM081 LE lNStJ1'lANCE COMPANY. ;;
[} STATE FARM FtAE~D CASUAlTY COMPANY'
:.: ."'$ . . . . -. -::; ..;;~. ,"
Of B1o:lming1on..Illlnois has coveri3Qe in force as ~ho_wn b1:1:To .... for the na 1T1 ed' Lrtsured'. tf Ihe co ... er~ge is
changed')( lermJnaled "'e !WiD ~Tve ,,0 days .... rftten .not}ce 10: . ":--' I Y .. 0 .. . '.' . . "'.i.eE:~
Oescnpfjon
ot VehicTe:
(lrr LF PALU ALTO
RJ SJ( iU. ... .c,;e:R. ilIAD 1" 1990
Pi) S&x 102; ij """" . PAlO A~ro C~ i~303
1~ 1;c ;>9" 5 fJl115S09
lIA81l1TY -COVERAGE A
l.imits of Uabi~ity , .
Sodily 1nju; -PrOpertY Damag~
each ~ccKJent
Bodlly Injury alld PrO:Perty Oamage
:Sin~1e Umit
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each person I. ",<Iocn ~ck!ent f
>1) CJ:}oJ-1 OJ J.2;} I $ each 9cc;QenA
This CertifiCate of Insurance Ooes not change lhe cO\leraJe provided by IME descr1l;ied poncy+
folicy number 1:i ~ 0'; lo-..t..1'i-J's'; .-&",,~~~\9z ..
EffecfTye dale .J';~-)Q-),..J President
Cou~tersjgned ". -. {Year}
603'F.ll By.
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I STATE
CQMP5NSJlJK)",
IIIISUR",NC.
FUND
HOME OFf1CE
SM F1UNCiSC 0-
All EFfEGTlVE CATES ARf
u 1.2:1)\ AM '~ClflC
5TANDAAD nME OR THE
TIME INDfCA TED AT
P ACIAC ST .... NO ... RD TIME
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~DORSEMENT AGRHMENT
EFFECTIVE MAT 15, 1989
1010&6-89
REnEWAL
NA
MOCIt/WALLACE
110a BRYANT
'll,iW
IG/~IIJ?
SAN FRANCISCO. CA 'tl03
AN~~BING l~ THIS POLICt TO tKE CONTRARI MQrwITKStANDING~ IT IS
AGIt:EED TRAl THE ES7IMTED ANNUAL PREMIUM APPEARING IN nns POLICY
is CEANG£D TO .un:-
112.00
_" HOTKlNG 1\1 ncs IENOOASEMENT CONTAI'NEO SHAll. If tlno TO 'llAi!Y .. ALTER. WA/Vl:
OR EXTEND AtN OF THE TUlMS~ COfllD4TIONS~ AGREEMENTS. OR Lrt.'lrTA."llON$ Of nns
POlICY OTHER 1'HAN AS $TI.TEo. NOTHING ELSEWHERE" IN THtS POUCY SHAll SE"
ttn..D TO lIMV .. ~TER. w.tJVt OA LlMlT THE TUMS" CONtlmoNS~ AGJ\EEMENTS oR
t,lMrrATlQHS OF THIS ENDORSEMENT_
\
COUNTERStGNED AND ./SSUE,D AT SAN FRANCISCO: OCTOBER 25~ 1989 9911 .
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PLEASE KEEP THIS
ENDORSEME/'Or
WITH YOUR POLICY
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The endorumena on the reverse sfcte amends and is part of rOUf'" poncy. Please
I:eep it with your polley·'Ot' future reference..
If :rou lIave .nr questions concerning Chis endorsement, pleau contact your beal'
St ... te fund off"~e.
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Perse"
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COM~HENSNEGEN~
Architects and Engineers
General Liability Policy
Scottsdale Insurance Company® I
S:!7C East ~ De Ventura. SconsdaTe, AriZona a52S8 ~/J;'-... bO \
A STOCK COMPANY {!I,;~1/-1: -, ~4J
THIS POlICY, TO<:lETHIOR WITH DE ClARA nONS AND EN~MENTS. IF ANY.
ISSUED TO FORM A PART THIOREOF. COMPlETES THIS POlICY. _._-------.... -------------------------
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. 'tJ Qf:NERAlUABfUTY POt.JC'f
• ____ . • OECLARA lIONS ---"...,.".--A SCOTISDALE lNSURANCE COMPANY®
iw,."i: -'Na,;;-e'd ~;;;.~ ~ 1of!lM'tg ~$:
1<Xl<~
110B Bryant street,. 3rt! Floor
San Francisco. CA 94103
~ Name al1d Mc:Rss-:
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AES 000301
Peronsula Excess Insurance Brokers
2959 Monlerey-Saronas Hwy.
Moolerey, CA 93940
Ag!!1'dNo. 0.7115 ___ _
The named Iw.Jred is: 0 Incrrvi::lui!! .XI Pilrtl'lership 0 Corporation 0 Joinl. VentlJre 0 Other
I1erll 3. lintls or uabitFty.. ,500.000
$ SOD. 000 aggregate
Item ... 1.0c.a1ioo 01 Premises: SlJre as Mailing Address
Item!. DescriprlOo1 r.! Halards.
l. cnginHrs -or Archl!ects-coJlSIJItini
ncr engaged" ad:!.rat cans.tJudion
3 •. Bl'a;L
4. Additicnal Insured (1)
891lQ
7:1907
Nles Pe. $, 00
5:1.000 2.070
22.000 .146
·1~1.-i:'.-'!".-':-" "'; i:: it.:-,u'~ P'HsHan'
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Mvara Premfum
$1.076.00
$ 32.00
$ 222.00
$ 2S.00
-=-__ ~_-: _____________ -=---,T:!:"'~aI:.:Adv~aoc~e:.:p~,""""", '" llispo'cr 1 51, 355.00 ]
Coverage Parts and Endorsements.: L&395a; \.ill1: 1203; UTS-4~ Gt5-l; 1S23S; UTS-131; t617B; l6157b; GU245; L9106; GU235;
UT$-',O; l5463; 19086a; UT$-9,; UTS-t: L94 52 ~
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IS{! '-Ill
iIIIDI}tT1crUi. INSURU
r'C:C-:-:=:='CC:--:::;--7C;---:::c~(Q:wn!rs...!' C(lmraclors)
This I~darumer.l lI'ID~iliu luc1I ilurilMce as iii lIIor<ile:f by tilt Jlr~isiQ!\$ IIf D\t j»TTq ~111'nal to ~e fcl'k-loII,nl
CaMPROOItSI~ C[)(Et.IJ. LlA.'lITl IttSUWCl
lWIuru:rURERS' PII COflTR.lC:T!lRS' lIUlln1 116lfU.Ij(E
09-10-89 • Yonru. J p;ir1 of porq JIa AES 000301
111M. "anon _ DJI.a/lTufiOl'l
(ld<fiIioo" "''''''l
City of Pale> .Alto
I is lITH4 M
P2..11 ... _. 'l!.o ..... ,. Ei-:J
SdmMc
"'" SIOO rI ,cst
SI~1i rl ~
Tall! M~ilw Premium
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1 The "l'usans TMl.irLC!"" JfO";SfCll is am!II~~ II mel\>&. 15 an .,,~ttd lilt .Ilen.cn t1' O<i"lIin-!ig~ niimed "~gwt (hcrtJroOlntr olid ~adcJtig~ in:s.ur~
lui IIII~ ..itII R!5~ til fuMrt) hI'( au! d [1) C1.11eriliolTS paforna:d ~r !hE aclllrticnar ~red 'Ii)' Ilw MI'Iled ils.urel at ttl! toaflon dt!Oilr.llb:l ;rt..o~
... (2) ids or Iwril$:$i~ rllh!: .I~d'It'IO~l ins~ ill connection wir. ll1s fUln SIIllCr'ltsiQfI rI $l/dl opm!'iQ~
1. liw tI. Ih! tI~lwli~1IS af ", L'Crq. e;c!pf Zlciusiol"iS (ill. ~l. m. 1'1), (il. @ ;trill' Cml "tlp11 lID rbii ira.lIJ"i1na.
1 .a.uifionil &dashM lIis lrIsuruet loes 1101 ~pp!y:
(3} Ill' IIodilJ Irj"UlJ III' ,.aputy aiJlll~le lIC~III"1'~~ Iftltl'
(ll ill .~tt on 1M Jlnli~ (OrJ,SIt\iIl wvia. II1tllllvuna or ,*,irs.11D \t pUrOrln~" b} II' a~ ilell.aif If ~ lo'diliGna! ircsllrt' JI rt'1~ 5012 II! rtH:
u.tfe4 mpmficflS bs. bl~1 comllltld •
(l) ffq( poruM rllht AM imUl'~ •• mll mUl If wtUdI ft1t .,jLlr'} III' dall\.a'[1! ;a.r~1!'5 liz; bu~ pl!! III ill i~!e""tl m bJ IinJ ~n"'c or arpnln;!iclI
.r?ier Ibn illIOUo!r con.l.racf. III' IIlknnfr3d« erlf!Ee.i! iI gttfof1l1i~.I ~OI15o far Ii .Jo'incipaJ ~. p~!1 If ttlt S<l:me JI.ol~ct.
(b) lD\odilJinjur]''' ,"oger{J ~ v"isini. cui tI. anJ ~d!ll' omis:sJo~ rI Dl~ .o'diOOnl! il'lSurd. '~J If ki~ ~II:Tcr~. 1!!'t1!:1 tJliI~ Jtntr"ll ~p!:llli5.ion
.",1 pei"lJfll1a1 for !be '''dHicnal imlrrtli flt the: n.amd msllTe¢,
(c) l1li ,rDptt{f Ili~ce lit '-
(1) pro~rf) OWMI • tce~pid bJ • ltll!td ID ftlt Idlflhcnil it&IHiI,
~ .ropert, I.ISK' II! !hi addilicf'IIJ irtst.l~
(3) prcptrf;r -. flit art. ~od'J' • curdrcf t4 IN atf4itlonaI w~rtd If IS til ..,lIid! !'be Id~[llcnaf il\m~ 5; far lIT)' PU'lJlOH um:isinl phpic.ii1
OH>!ni, ..
C.() wad ,pe:rfonnd ler Ill! I~djllclal inslJred b! h ..... md iuo:rrd.
~~ MIlIffioI Whu IUd illl.!'trultI .. '!his "ln$m.'Ict. -nn" !nerd!!> Nltru!s, p~~ and' ~uillmtl'l! furni5~td in t:OMeclil)ll D1m..-i1\.
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