HomeMy WebLinkAbout0235.091•
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April 18, 1991
THE HONORABLE CITY COUNCIL
Palo Alto, California
Inspection and Engineering Services for the Webster-Cowper
Garage ' Budget Amendment Ord i.nance ' Developers Agreement and
Consultant Agreements
Members of the council~
Report in Sri af
This report requests that Council:
1. Approve a Budget Amendment ordinance for $62,000 to
appropriate additional funds to the Fuclio Works Engineering
Oivision project inspection and engineering services.
2. Approve an agreement with 505 Hamilton Avenue Partners to
fund the. cost of project inspection and enqineering services
during construction of the Webster-COwper Garage.
3. Approve an agreement with west Engineers and Associates,
Inc. for $4.2,000 to provide for the project inspection
services.
4~ Approve an aqreement with Forell/Elsesser En~ineers, Inc.
for $20,000 to provide project engineering services.
Background
On September 6, 1990, Council approved an Option to Lease ~ith
505 Hamilton Avenue Partners for air rights related to the
installation of two additional levels of parking at the Webster
cowper Garage. As part of the option, the developer agreed to
pay for the project inspection and engineering services during
tbe construction phase.
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CMR:235:91
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Discussion of t.he peveloper Agreement and Budget ,Amendment
Ordinance
FUnd:inq for the inspection and enqineering services will be
reimbursed by the developer in accordance with the terms of the
attached agreement. Followinq are the main points of the
agreement:
• The estimated cost for-providing project inspection services
tor the entire four months is $42,000 and assumes 700 hours
of available services.
• The estiaated cost of providing project engineering: services
tor the entire four months is $20,000 and assumes 200 hours
of availeble 6ervicea~
• Tbe developer ~ill make two payments in advance, with the
first payment of $20,000 dlle by April 23., 1991. The
subsequent payment will he adjusted for actual hours worked
by the project inspector and engineer during the previous
period. Staff has received the first payment~
• The developer will pay for services exceedinq the estimate~
if required because of unforeseen conditions~ such as a
delay in completing the work.
In order to award the consultant agreements, it vill be necessary
for Council to adopt the attached Budget AmendmEnt ordinance for
$62,000 to increase the appropriation for Publ ic Works
Engineering's Contract s~rvices ~hich will be reimbursed by the
developer.
Discussion o~ the Consultant Selections/Agreements
staff sent a request for proposals to three consultants to
provide constrQction stage services and received two responses.
The two firms interviewed were Forell/Elsesser Engineers, Inc~
and West Engineers and Associates, Inc~
The selection advisory committee consisted of staff from the
Public Works Department. Both conSUltants presented excellent
candidates, each cApable of performing the duties outlined in the
scope of ""ork. The committee selected west Enqineers and
ASsociates: Inc. to provide inspection services, based primarily
on tbe experience of the.ir personnel with projects similar to the
Webster-Cowper project. The committee selected Forell/Elsesser
Engineers, Inc. to provide engineering services, based primarily
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CMR:235:91
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on their experience ~ith major structural renovation projects~
The consultant splections were not required to be brought to the
Finance ~nd Public Wor~s committee for their consideration. ~s
the Agreements involve routine services only4
Yollowing is a summary of the scope of work contained in the
attached consultant agreements:
INSPECTOR
• Review progress schedules submitted ~y contractor tor their
acceptability to the City_
• Attend pre-construction conference and weekly coordination
lII.eetings.
• Serve as the Public Works representative to the contractor
and provide a liaison 'With the developer 'When resolving
issues affectinq the City, the public and adjacent
commercial bUsiness owners.
• Provide coordination with city authorized testinq agencies
and other City departments.
• C~rdinate with downtO.~ business groups an~ the public to
ensure that construction activities result in minimal
disruption to the parking qaraqe operation aDd: traffic
circulation.
• lteview and record a-'1Y shop drawings required for
modifications to the project documents.
• Review all construction, conducting on-site observations to
ensure compliance with the plans and city
permits/regulations.
• prepare o.aily reports on the project construction and follow
up on any personal liability or property 'Claim damaqe
resulting from the contract work.
ENGINEER
• Review field. chanqes to construction drawings including
supporting calculations.
• provide technical expertise on interpreting the design
concept as construction proceeds.
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CMR:Z35:91
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RecppgeDdationa
Staff recommends that Council:
l~ Approve a Budget Amendment Ordinance for $62,000 to
appropriate additional funds to the Public Works Enqineeri~9
Division project inspection and engineering services~
2. Approve and authorize the Hayor to execute the attached
aqreement vith 505 Hamilton Avenue Partners to fund the cost
of project inspection and enqineering services during the
construction of the Webster-Cowper parking qaraqe.
3.. Approve and authorize the Mayor to execute the attached
consultant agreement with Wea:t Engineers and Associates,
Inc. in the amount of $42,000 for inspection services.
-4.. Approve and authorize the Mayor to execute the attached
cons~ltant agreement ~ith ForellJElsesser Enqineers, Inc~ in
the amount of $20#000 for project engineering services.
Res~tfullY suhmitted,
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Assistant Director of PublIc Works
DAVID G. ADAMS
Director of Public Works
JUNE FLEMING
Assistant city Manager
Attachments:
CMR: 235,91
Budqet Amendme~t Ordinance
Developer Agreement
Consultant Agreements
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ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1990-91 TO PROVIDE
AN ADDITIONAL APPROPRIATION TO THE ENGINEERING DIVISION OF THE
PUBLIC WORKS DEPARTI!ENT AND INCREASE DEVELOPER REVENUE FOR
ENGINEERING AND INSPECTION EXPENSES RELATED TO THE
WEBSTER-C~ER PARKING GARAGE
~, pursuant to the prOVisions of section 12 of Article
III of the Charter of the city of Palo Alto, the Council on June
18, 1990 did adopt a budget for fiscal year 1990-91; and
~, on september 6, 1990, Council approved an Option to
Lease with 505 Hamilton Avanue Partners tor air rights related to
installation of additional parking at the wehster-Cowper Garage;
and
~" 505 Hamilton Avenue Pat·tners agreed to pay .for the
project inspection and engineering services Qurinq the construction
phase ot the two additional levels of parking; and
WREllEAS.. the Public WorJcIS Department selection advisory
co.-ittee has selected consultants for inspection and enqineerinq
services during the construction stage ot the project; and
~, in order to award the consultant agreements, it is
necessary to increase the Public Works Engineering Division budget
to provide tundinq;
NOW .. THEREFORE .. the Council of the City of Palo Alto does
OROAIK as follows:
SECTION 1. The sum of Sixty Two Thousand Dollars ($62,000) is
hereby appropriated to Contract Services in the Engineering
Division of the PUblic Works Depa.rtment and Revenue from other
Service contracts is correspondingly increased.
~12H-Z. This transaction will have no impact on Reserves.
SECTION l. The council of the City of Palo Alto hereby finds
that the enactment of this ordinance is not a project under the
california Environmental Quality Act and, therefore, no environmen
tal iapact assessment is necessary.
SECTION 4.
Municipal Code,
adoption.
As provided in Section 2.04.1'5 of the Palo Alto
this ordinance shall become effective upon
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INTRODUCED AND PASSED:
AYZS:
IiOES:
ABSTENTIONS:
ABSENT:
ATTES1':
city Clerk
APPROVED AS TO FORK:
ASst. cIty Attorney
APPROVED:
cIty Hanaqer
Directar of F~nance
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DIrector of Public Works
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APPROVED:
Mayor
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AGREEMENT FOR FtJNDING
OF PRoJECT INSPECTION
AND ENGINEERING SERVICES FOR THE
WEBSTER-COWPER G"'RAGE PROJECT
This Agreement is made. aM entered. into this ~ ___ day of
April, 1991, by and }:)et'oleen the CITY OF PAU> ALTO., a municipal
corporation of the State ot California ("'CITY-~ f and 505 Hamilton
Avenue partners, a california partn~rship, (-DEVELOPER-).
WIT N ~ SSE T H
WHEREAS, on , the City council approved an Option to
Lease with DEVEI.DPER to allow DEVELOPER to construct tW'o additional
floors of parking at the. Webster-Cowper Garage [tha -Project-J 1 and
WHEREAS, one of the conditions of approval Qf tha Option to
Lease requires DEVELOPER. to fund the retention by CITY of a
construction inspector and an Enqineer; and
WHEREAS, CITY and DEVELOPER desirt! to set forth the terms and
conditions of payment for said retainer;
NOM, THEREFORE, the parties. hereto do hereby agree as follows:
1.. CITY' S Obligation.. Pursua.nt to paraqraph "(K) of the.
Option to Leas8, CITY shall contract with one or -more firllls to
serve as Inspector and E:nqineer to the Project. The Scope of
services for said Project services is set forth in Exhibit -A-,
attached hereto and incorporated herein by reference.
2.. DEVELOPER'Ii Obligation. DEVELOPER shall pay the cost o~
the inspection end engineering services described in paraqraphs I
and II of Exhibit -A-. The estimated contract costs are sixty two
tbor.as:and dollars ($62,000), based 'upon one hundred and twenty
perca~t (120\) of the cost of an e.timated full-ti~e inspector for
approximately four (4) months and an enqineer for two hundred (200)
billable hours of work, and upon DEVELOPER' Ii estimated construction
schedule. If the actual hours and costs differ from the estillate,
DEVELOPER shall pay the actual billable eosts to CITY provided,
howe.ver:, sucb l:'.ours and cost sball repreGent worle normally and
reascnably required of an Inspector and Engineer engaged in sucb
work.
3. Method of P'yment. CITY sba.ll pres.ent. two. (2) ad"lance
pay.ent requests to Developer. The pa)'DIent requee;ts shall be in
&dvanca of work performed by the Inspector and Engineer but shall
be based upon the estimated costs of !j,e.rvices and .schedule of
payaentll set forth in Exhibit -A-. adjusted froll the previous
payaent to the next schE'Atlled payment request. OEVEWPER shall pay
the :first payment, in the aDount of Twenty Thousand Dollars
{$20,OOOJ, on or before April 23, 1991, and shall ~ake payments
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4~ Shop prowing
'Review any sbop arawinqs ir required: 3M receive any
moditic.tions to the drawinqs or specifications and report them to
Public Works Department.
~eviev will only be for oonforDance with desiqn concept
.nd information contained in the contract documents.
5. Review of work_ Rejection of vef@ctive Work, Site
Qb'tXYot,ipn
ta> Conduct on-sit~ observations of 'Work in progress to
a •• 1st the PUblic Works Department in aetermin1nq if the work is
proceeding in accordance with the contract d~nts.
(b) Report to Public ~orks Department any work which is
unsatl.factory, faulty or defective or does: not confoI'll to the
contract cond.itions and City approval conclition5.. Engin.eer will,
as required, aake recoJD:lIenc!ations reqardinq any remedial action
that _y be required.
(c) Verity that tests, equipment and syste;a startup and
operatinq ... intenance instructions are conducted as required by the
contract doc:uaenta and in the presence. of: the required personnel..
6.. ReeeN'
<al Pret:pare daily reports anel .a:-e.cor4 the outcome of
J.ruopectlon pertaining to the proj ect.
orders any additional dravinc;s used subsequent to the
execution of the contract, clarification and interpretations of the
contract 4ocuaents, progress reports and other project-related
docu:ae.nta.. 'l'be duties 40 not involve the approval and execution ot
change orders and monthly contractor ~yments.
·7.. Report.
Ca.) Report ~"li all act.ual or potential personal liability
or prDP1=rty dUi!IIqe clai.ms aqainst the City or private party
resulting ~rom contract work operations.
(b) Ascertain progress of, or review, all project
aitiqation :aeasures and file I!I monthly report for review by the
City Planning and Public Works Departments.
ee) Review and determine compliance for street openinq.
encroaclment and parlcinq permits and their conditions.
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promptly upon receipt of each payment request therefor. All
payment.. owing to CIT\' froD. DEVELCPER pursuant to paragraph .. (X) of
the Option to Lease and this Aqreement, shall be paid by Developer
in advance or-tbe City incurrinq ine:pection and enqineering service
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IN Wrr.NESS WHEREOF, the parties have executed this Agreement
on the date first herel~ve written.
APPROVED AS TO FORK:
Assistant City Attorney
APPROVED:
Director of PUblic Worke
Finance Director
Director of Planning
Attacllaants: Exhibit "A"
CITY OF PALO ALTO
~--------~-----------Hl!iyor
505 HAHILTON AVENVE
PARTNERS,
a California partnership
.1P.AFl.,
a california LilDi ted Partnership
A Gene.r"l Partner
APPROVED:
City !!anager
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EXHIBIT -Aw
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SCOPE OT PRo.n;:CT -PROJECT !NSPECTOR AND ENGINEER
Wi.
Tbe City of Palo Alto submits the following description and
c:luties o~ Project '. Inspector and Engineer for services to be
performed with respect to the construction project at 520 Web&ter,
Palo Alto ..
Project l)escript.ion: Project' &. Inspector and Enqineer 'Will be
actinq under the direction of the Public Works Department and "ill
assist the city in administering improvements associated with II
propo&ed two-story addition and seismic upgrade of the City's
Web5ter-cowper Garaqe.. The construction project is expected to
last approximately four (4) .onths and is scheduled to commence in
April 19U and be co.pleted in Auqust 1991.
The propoaad hours. of work for the rnspector a.re approximately
four (4) months of tull-time coverage amounting to eight (8) hours
per clay (700 hours).. The hours of the Engineer are on an as needed
basis estimated. to be 200 work hours over the four months ot
construction.
z. support it!! ryleel 0 f Prpj ecl:: Inspector
1. Schedule
Review proqres. schedule sublZI-itted by contra.ctor and
eon&11lt with PUl:>lic Works concerning the acceptability Of such
sChedules.
2. confeune ••
Attend the preconstruction meetinq and all project
construction :meetinga, and prepere notes ot action items for use by
PUl:>lic WorXS only.
3. Liaison
Serve as the PUblic Works representative with the
contractor.. Assist in servinq as the Cityts liaison with
contractor and developers when the contractor's operatior.~ affect
the City's interests and the interests of the pUblic and adjacent
comaercial-busines8 OWJlers.. Tbe Inspector will coordinate with
downtown business qroups and th. public to ensure that the
construction activities result in the least amount of disruption to
business enterprises, traffic flow and parking spaceg~
Provide
testin'I &'Iencies
testinq.
necessary coordination with City-authorized
to provide the required field and lel:>oratory
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II. support Seryices ot Engineer
The Enqineer shall review any chanqes to construction dra'W'inqs
or specifications, incl~ding supportinq calculations as requested
by the Public Worb Department. lIeviev wIll only be tor
conformance with design concept and information contained in the
c:ontract dOCUllent.s.
'l'he El19'ineer will pertor. additional serv-ices as requested by
the City related to the design and construction of the project.
lIZ. GeneAl
1. The City may requ~st support services,. trom the Inspector
and Engineer, for .. period lOn<Jer than ori9inally schedule<!.
2.. EXcept upon written instruction froD City, Project's
Inspector and i!n<Jineer:
Ca) shall not authorize any deviation from the contract
4oc\merIts or approve any au);)s.t.1tute lDateriala and equipment:
(b) shall not exceed liJrltation on City's authority as
set forth in the contract construction docwaents;
Ce) shall not undertake any of the responsibilities cf
oontractor, subcontractor or contractor's superintendent or
otJle.nrise. direct the perforaance of the contractor 15 work;
Cd) ahall not adVise on or issue direction relative to
any aspects of the aeans. .etbods, technIques. sequencing or
procedures of construction, unl .... 8pO>Citically called for in the
contract docUIIIents or authorized and approvec1 by the Cl ty I and
(e) shall call tha .tt~tion of City/Contractor to any
noted .... fety problems but shall not be responsible for job site
safety.
Project Inspector
Project Engineer
SChedule pf Payments
$ 50 per hour
$100 par hour
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A G I I I • I r ,
nonllSloDL DGIlIBBRDIG COlfS1ILftft 8ZIlVl:CU
BY UID BIIflIBD 'fD Cl:'I!'l or Ut.O &L'fO &lID
08'2' UGTX1Rp8 , U80Cuns, :nrc.
TJUS AGREEMEln' is made and entered into this ___ day of
=::-.=r.:::-.--:==' 1991, by and between the CITY OF PAl.O ALTO, a
.uniclpal corporation ot California, hereinafter reterred to as
·CITY,· and WEST ENGINEERS' ASSOCIATES,INC. (Taxpayer Identirica
tion No~ 94-2~61364}, a California corporation, with offices at '4
XontqoJDery street .. Suite 735 .. San Francisco, California 94104,
hereinafter referred to aa ·CONSl1LTANT-:
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WHEREAS, CITY desires certain professional services
hereinafter described: and
WHEREAS, CITY desires to engage CONSULTANT to provide
these services by reason of its qualifications and experianc8 tor
pe.rtorainq: such services, and CONSULTANT has offered to provide the
required services on the terms and in the aanner .et forth herein I
NOW, THEREFORE, in consideration of their .utua\
covenants, the parties hereto aqr.e as tollQWD:
SEqTIQN 1 -QEFINITIONS
The term ·City· as used in this Aqreeaent shall mean and
Inc~ude a~~ the territory lyin9 withizl the aunio:ipal boundaries of
the City of Palo ~to, Calito~ia, as presently existinq, plus all
territory -whicb lIIay be aMed thereto during the tera of this
Aqreeaent by.annexation or otherwise~
1.2 CITY IW!AGEI!
The term -City Kanaqer-shall mean the duly appointed
City l!anaqer of the City of Palo }.lto, calHornla, or his
designated representative.
1.3 CITX ATTORHEY
The tara ·City Attorney· shall .ean the duly appointed
City Attorney of the City of Palo Alto,. california, or his
d .. ignatad repre8er~tAti ve .
1.4 CITY CURl
~e term -city Clerk-sball .ean the duly appointed City
Clerk of tbe City of Palo Alto, California, or her desiqnated.
repr ... ntative.
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1.5 RISK MAnAGER
The term -Risk Manaqer-shall mean the duly appointe"
Ri.k Manllqer ot the city of Palo Alto, C~l.i:tornia, or his
desiqnated representative.
1.6 PRO.U;CT
The term • Proj ect l1li means the improvements descr ibad in
Exhibit IIIIAIIII entitled IIIIScope ot Project-attached hereto and made a
part hereof.
SECTION 1 -pROJECT COQRoINA1IQN
The City xanager shall be representative or CITY tor all
purpqses 1ln<ier this Agreement. JIM HARRINGTON is designated as the
PROJECT ~ANAGER for the City Manaqer, and be sba11 8upervise the
proqreaa and exeC\ltion of this Aqreement, and shall be assisted !l'y
GlIRY WEINREICH, PROJECT ENGINEER.
:2 • 2 CONSULTANT
CONSULTANT shall assign a single PROJECT DIRECTOR to have
overall responsibility for the proqress. and execution of this
Ac;raea""t tor CONSULTANT. OZRO WEST hereby is designated as the
PROJECT DIRECTOR tor CONSULTANT. RICIIARD LINGENSJO shall be
assigned as PROJECT COORDINATOR tor CONSULTANT and "ban repreHDt
COIlSOL'l'ANT durlnq the day-to-day work on the Projaet. Sbould
circuaatances or conditions subsequent to the execution of this
Aqr ....... t require .. sUbstituta PlIOJl:CT DIRECTOR or ~CT
COORDIllATOR for any rellSon the PitOJECT DIRECTOR or PltOJECT
COORDINATOR designee sball be aUbje<:t to the prior written approval
of the PltOJECT ENGINEER.
SECTXQK :I -scoPg Q r PRoJEcT
The scope of the. Prcjeet to be executed by CONSULl'AH"l'
under the ~ses o:f tbe Basic services described in Section 4.1 ot
this Aqreeaent is as described in Exhibit -A-attached hereto and
.ada .. part hereot.
SECTION 4 -puTIES OF CONSULTANT
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4~1.1 Unless otherwise indicated, CONSULTANT shall
pltrfora each task and accomplish each objective described in
Exhibit -A,· "SCope of Project.-CONSULTANT's Basic services shall
be furnisbed as d~scribe4 in Exhibit -AIIII, Section I.
4.1.2 Re~rsable expenses. An allocation of Two
ThGUsan4 Doll&r$ ($2,000.00) shall be included in the fees to be
paid to COlfstn.TAln', for the raimbursement of direct cost related to
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t.."J.e services, auel"; as long distant telephone call1ll, facsimile
coat., reproduction, and mileage.
4.2 !MITI9lQL slRVIas
COIISULrAN'l' sball perfol"'ll or obtain any and all of the
following &~itlonal services, not inclUded under Basic Servic .. ,
it so authorized in vritinq by CITY, and sball be paid &II provided
in section 6 of this Aqraaaent:
".'2.'1 Provid.ing aarvie.. iIla an expert wi tne... in
connection with any public hearing-, arbitration proceedinq, or
proceedinq of a court of record.
4.2.2
CONSULTANT and bi. servl.,...
Xncurrlnq travel and .ubsistence expenses tor
statt beyond. those noraally required under aaale
PerfODinq any other service. that may be
the pertiea 8Ubsequent to the execution of thb
4.2.4
Section :n . Such serlices as defined in ZXhibit -A-,
•• 3 PWER!! Dtl'tXIS Of CONSULTANT
4.3.1 COMSOLTAKT represent. that it 1. qualified to
turn1&b the IlerVl.,.. d_=1bed under thia Aqr ... ent.
4.3. Z COIISULTAKT sha.11 furnish CITY .. ith every
reasonable opportunity for CITY to a&certain that the .ervic.. of
COIiSULTAIIT an bel"9 perfone<! in accordance with the requir_nts
and intentions of this AgreeJlel1t.
SECTI(4~ 5 -PQTIES Of CITY
5.1 CITY ahall provide full Into~ation regardinq itl
requirements for the Project.
5.2 crTY shall turnish all such intoraation as is available
t'rcm. ern f. f i1 es or are at it. di sposa I, as I isted in El!hibl t • A· •
.5.3 :zt C.ITY ~rve. or otherwise becomes aver. of any taul t
or d..feet in the Project or nonconfol"'Jla..nCe with the contract
docuaenta, CITY sball give prompt written notice thereof to
CONSULTANT •
5.~ CITY shall furnish inrorsation re~ired by CONSULTANT as
expeditiously a5 possible.
stCT[ON § -PAYMiNT
Payment sball be _d .. by crTY only for services rendered
and upon sUbal&sion in triplicate of .anthly progress payment re-
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questa. Each invoic. shall be ite.1l.ized as to the type of payaent
described in this section.
6.1 CPNSTlLTANT I S "IS
In consideration for the ~ull performanc~ of the Basic
services and reimbursable expenses described in section 4i.1 of thi.
Aqreeaent, CITY agrees to pay CONSULrANT a tae not to exceed Forty
Thousand Dollars ($40,OOO.OOJ for the services rendered.
The amount ot CONSULTANT's compensation shall be
calculat.ed as set forth in EXhibit -B-, Standard Fee Schedule,
attached hereto; on a time and waterials basis, up to the maxiaum
iUllaunt set forth in this paraqraph 6. 1.
6.1.1 Subsgnlultants. Fee. tor subconsul tants I hirR
directly by CONSULTANT, shall be approved by CITY in acSvance of
incurring such fees.
6.1..2 lqr AMitional Serviqes. For CONSULTANT'.
additional services, as described in section" of this Acp:eement,
cOlipensation shall be as prescribed in. Exhibit -'S" but not to
_ceed TWo 1'housand Dollars ($2,000.00). rbe rate scbedules "",,11
be updated on January lst ;,f ea"b year.
6.1.3 FDr Extra Work or Cbamt!s ~ Pi!t.yzent for extra
'Work or chanqes in the work not ini tiated :by the CONSULTANT and
autborize~ in writing by the PROJECT ENGINEER shall be ma~a upon
sub.i.sion by CONSULTANT of a statement 1n triplicate of it_bed
costs coverinf; such work. Prior to co.Dencinq; such extra. work or
cbanges, CONSULTANT and CITY shall aqr •• upon an estimated not-to
exceed cost ~or suCh extra work.
6. 2 PAn!E!iT SCBEOOLE
6.2. 1 For Basi e Services.. Payments tor Basic
Services shall be made in monthly payments based on aetqal hours
and expens.es incurred during the month in providinq the service!;
under this Agreement in accordance with Ex!'litdt -2-..
Final payment sball be made by crr~ aftar CONSULrAJIT bas
submitted all required reports an'1 received. approval thereon ..
6.2~2 lor AdditiOnal services~ pay.ents tor
additional services o.f COHSUL'1"AN'l' as d.efine4 in Section" shall be
lIade as part o~ the monthly progress pa~nts tor services
rendered.
6.2~3 Deductions ..
CONSULTANT'. coJ&pensation on
daaages, or other sums withheld
No deductions sball be .ade from
account ot penalty, liquida.ted
from payments to contractors.
6.2.4 paVllU1nt UPOn Syspension or l\bandQDlPent of
If the Project i. suspended tor more than three (l)
abandoned in "bole or in part, CONSOL'IAlfl' shall be paid
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its coapensation tor service.s perlormed. prior to receipt et written
notice fro. CITY ot such 8usp~sion or abandonment, toqether with
aMitior ... l and reimbursabla e.x:pens_ then due.. Zt the Project is
resWNd atter beinq auspended tor aore than six (6) months .. any
change in CONSULTANT'. c01Ilpensation sball be Bu.bj ect to reneqotia
tion a.nd~ it necessary" approval :by the Palo Alto City Council. It
this Aqre .. ent 1. su.epended. or ter»inated tor fault ot CONSULTANT,
CITY .ball be ~li9ated to compensate CONSULTANT only tor that
portion of CONSULTANT's services -which Bra of benefit to CITY.
SECTION 1 -PROGRESS Nm COMPLETIQN
7 .. 1. tum IS OF THE MStNCE
it is understood and aqre.ed that tilPe is ot the essence
of this Agreement" and that, followinq receipt ot Notice to
Proceed, CONSULTANT shall commence providlnq Inspection services
tor the project In accordance with the time schedule, Exbiblt -1&.-.
7 .. 2 EXTENS1;cm Of TIME OF COBPL!j'tION
:In the event the COKSUL1'ANT s.rvices called for under
this Agreellent are r ...... ir.d beyond the time 8pecified, CITY .ball
have the option to extend the tiae of completion fo~ this Agree
aent.
SECTION , -CHANGES IN WORK
CITY may orde,; :maj or changes in scope or character of
vor):, either decreasing or increasinq the amount ot CONSULTANT I S
services. In the event that such chAn9ea are ordered, CONSULTANT
shall be entitled to tull compensation for all vorl< perto..-ed prior
to receipt of notice of change. Increased compensation for major
changes shall be determined in accordance with Section 6 of the
Aqreezent, but in no e.vent shall CITY be liable for payment unless
the aaount of such elCtra compensation shall first. have been aqreed
to in wr i tin<; by CITY.
In the even~ that major chanqes are ordered pursta.nt t.o
this .ection, the schedule tor progress and completion in Section
7 of this Agreement and compensation sball be adjusted by negotia
tion between CONSULTANT and CITY, Subject to approval, it necessary
by the Palo Alto City council.
SECTION , -TgRMINATION OR SUSPENSION or AGREEMENT
9 .1. CANcE TrL1 TIQN BY CONSUl,TANT
CONSOLTANT .ay terminate this Agreement or suspend work
on the Project upon thirty (30) days' vcitten notice to CITY, but
only in the event ot substantial failure of performance by CI'l'Y or
in the event CITY abandons or indefinitely postpones the Project.
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9~2 CbNClLLa'TON BY CITY
Withou~ liJaitation to such ri .. llt.o or ra.edie .. as CITY
Bhall otherwise have 'by law, CITY sball have the rlqht to teraiJ"l!ste
this .A.qreement or 8Uspend york on the Project for any rea.on .. ul»n
fi.tteen (15) days' written notice to CONStJL'!'AlIT.. or .t.aed1ately
atter submission to CITY by CONSULTAN'l" of any completed it_ ot
service specified in Section 4 of this A~e....,nt. CONSULTAIIT
agree. to cease all work under this Aqreeaent upon receipt of said
written notice.
9.3
In the event of ter.ination of this Aqreement or
suspension of 'Work on the Proj ect by ei tber CITY or CONSULTANT,
CON~AMT shall receive compensation as followa:
9.3.1 .Far approved itala. at service under Section .(
o~ this Agr ... ent.. compensation shall be in tbe a.ount outlined.
under Section 6 of this Agreement ~or the items of service fully
perforaed by CONSULTANT.
9.3.2 In no event shall the total cospensa~ion paid
in the t.aediately precedinq paraqraplla exceed the paysent
specified in Section 6 for the respective it .... of service ~o be
furnished by COHSULi'AIiT.
9.,( DQTIM or CITY NIp CONSULTANT
Upon termination ot this Aqreeaent or suspension ot 'Work
on th .. Proj act by either CITY or CONSULi'AIIT, all dut:le. of CITY and
COIISl1LTAIiT, as "e~' torth in Sections 4 and 5 bereinabove, shall
tenoinate.
SEalON 10 -ccmSrrLTNIT ~ S AccotnrJ'ING RECORDS
Records of the followinq expense. pertaining to the
Project shall be kept by CONSULTANT in accordance with .. enerally
accepted accounting principles and shall be available to crTY at
:autually conve.'"1ient taes ..
10.1 Expenses pertaininq to Additional Services. (See Section
6 of this Aqreeaellt.)
SEaIO! 11 -OWNEBSHIP OF DOCUXEH'tS
11.1 S\Jl'!oject to the provisions of Paraqraph 11.2 below, the.
original drawings .. maps, plans, designs, records of survey, work
data, specifications, and other doc'lments prepared by COHSULTAIiT in
the pertoraance ot this Aqreement, although instruments ot
prot.-aional service, are and shall be the property of CITY whether
the Project for which they are made is executed or not.
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11.2 Upon termination under Section 9 ot this Aqr ... ent and
upon CITY -s payment of the amount required to be paid under same
section, the ori9inals and all drawinq3, calculations, specifica
tions and aI.ilar 40cuaents baeolle the property of CITY, and
CONSt1LTAN'l" lIball transfer the. to CITY upon request. without
additional collpel\Sation. CITY shall have the right to utilize any
coapleted or uncoapleted dravinqs, esti~te8, speci~icati~ns, and
other dOCUllents prepared. hereunder by CONSULTANT; however, CITY
shall ind..."ity CONSULTANT ag"inst any 10 ... which aay be caused to
CONSULTANT by aucb use and reuse.
SJCTtoIf 1 2 -nrrEREST or CONSULTANT: CONSU1.'fANT nmgPERDENT OF CITY
.In accepting this Agreement, CONSULTAN'I' covenant .. that it
presently has no interest, and shall not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in
any .unner or degree with the pertorlMnce of the services here
under. CONSULTANT further covenants that, in the perfor.L~ of
this Aqreeaent, no sUbcontractor or person having .uch an lntere.at
shall be employed. CONSULTANT certi:ties that no ana who }\~S or
will have any financial interest under this Aqreemen't ia an officer
or -.playee ot CYTY.
:tt 18 exprsssly agreed that in the perronoance or the
profe.s.aional. services reqLdred under this Aqree1llent CONSULTANT I and
any of its .ubconsu~ta.nts or e.ployee., shall at sll t1ae. be con
sidered independent contractors aDd not agents. or amployees of
crn.
SECTION 13 -OUTSIDE CQNSULTANTS
CONSULTANT shall be responsible for employing ,,11 outside
consul tent. (aubconsultants) necessary to aid CONSULTANT in the
perforaa:nce of the services listed In Section 4 ot this Agreement;
provided, however, that all such subconsultants ahall receive prior
approval of ern in writing an<! .hall r ...... ln acceptal:>le to CIn
during the term or this Agreement.
SECTION 11 -INDfJDiITY
CONSULTANT agrees to indemnity, defend and hold har.!eS5
CITY, its officers, 8qen'ts and employ~es from any and all de=ands,
claias, or liability of any nature, including d9ath or injury to
any person, property diitDlaqe or any other los., caused by or arisinq
out of CONst1LTA.NT'., its officers', .aqents t, subcontractors' or
employees' neqligent acts~ errors, or omissions, or willful
aisconduct, or conduct for Which the law imposes strict liability
on CONSULTANT in the performance or tailure to perfor:. this
Aqreellent.
SECTION 15 -INSURANCE
15.1 LIASII,ITX rNstlRANCE'
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15.1.1 CONSULTAN"'l'~ at. its .01e coat and expen.e, shall
obtain and maintain, in f'ull force and effect throughout the entire
ter. of this Agreeaent, the insurance coverage described in Exhibit
·C·, attached hereto, insuring not only CONSULTANT and. its
subcontractors, if any, but also, with the exception ot workers'
compensation and employer' 8 liability insurance I CITY, It.
officers, agents and -.ployee., and each of them, with respect to
activities and service. perfonled by CONSULTANT for or on behalf of
CITY under th. provisions ot this AqreeJIent~
15.1.2 certificates of such insurance, preferably on
the teras provided by CITY, shall be filed with CITY concurrently
with t!le execution of this Agraemant or, vi th CITY' s approva l,
within ten \10) working' days thereaft.r~ Said certiticates shall
be subject to the approval of the CITY Risk Kana'Jer and shall
contain an end.orseaent stating' that said insurance 1s pria.ary
coverage and will net I>e cancelled or altered by the insurer except
after filinq with the City Clerk thirty (30) days' prior written
notice of such car~ellation or alteration, and that the City of
Palo Alto is n_ as an additional insured (except in policies of
protessional liability insurance). Current certificates of such
insurance shall be Ieept on file at all time" clurinq the tera ot
this Aqreellent with the city Clerk.
SIC"tIO' 15 -1f01U(EB$ l COIIPMSATION
CONS'ULTAlf'l', by executing this Aqreewent, ce.rtif'ies that.
it is aware ot the proVisions of the Labor Cod_ of the State of
California which require every eJlployer to be insur4d against
liability tor workera' compensation or to undertake selt-insurance
in accordance with the provisions of that Code, end certities that
it will comply with .uch provisions before CClIlIe11cinq the perfono
a.~ of the work of this Agreement ..
SECTION 17 -AUDITS
CONSULTANT &qrees to perm! t CITY to audit, a't. any
reasonable tiae during the tera of this Aqreement and for three (3)
years ~hereatter, CONSULrANT'. records pertaining to .atters
covered by this Agreement.. CONSULTANT further aqrees to 118. intain
such records for at least t.hree (3) year. /liter the ter. of this
Aqre .... ent.
SEctION 18 -AGREEMENT BINDING
The terms, covenants, and conditions of this Agreement
shall apply to} and shall bind, the heirs, successors, executors,
administrators, assigns, and subcontractors ot both parties~
SECTION 19 -NQNASSIGNA8ILITX
19. 1 PpSONAL seRVICES Qf CONSULTNfl'
Both parties hereto recognize that this Aqreement is for
the personal services ot CONSOLTAN'I' and cannot be transferred~
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assigned or 8ubcontracted by CONSULTANT without the prior -.rritten
consent ot CITY.
19.;Z SERVICES OF St1f1CONSULTANT NfP THlIR EKPXPXIES
CONSULTANT sl1411 be responsil:>le for _laying or enqaqing
all persons necessary to perform the. services at CONSULTANT here
under. No subc:!>nsultant of CONSULTANT "'ill be recognized by CITY
as such; rather, all suboonaultants are d ... ed to be •• ployees of
CONSULTANT, and it aqrees to be responsible tor their pertonaance.
OON~ANT shall qive its personal attention to the fulfillment of
the provisions of this Agreement by all of its I!I!IPloyee. and sub
consultants, it any I and shall keep the work under its control. It
any ..-ployee or subeonsultant of CONSl.TLTANT 1'ails or refuses to
carry out the provisions of this Agreement or appears to be
incompetent or to act in II disorderly or !.proper manner. he or _he
shall be discharged i.mme4iately frO'll the york under this AqreelleI1t
on demand of CITY.
SECTiON 20 -RELIANCE upoN PROFESSIONAL SULL OF CONSULTANT
It is mutually urMierstood and agreed by and between the
parties hereto th4t CONSOLTANT is skilled in the professional
calling necessary to perto:r1l the 'Work aqreed to be done hereunder
and that CITY relies upon the skill of CONSULTANT to do ond perfor.
tho, ... --ark in the mest skill Lul manner, and CONSt1LTAlIT agrees to thus
perter. the work. The -acceptance of CONst1LTANT's work by CITY does
not operate as a release ot CONSULTANT fro. .aid Obliqation.
SECTION 21 -WAXVEBS
The waiver by either party of arty braach or violation ot
any tera, covenant, or condition of this Aqreement or of any
provision, ordinance, or law shall not be dea.ed to be a vaiver of
any other term, covenant, condition, ordinance, or law or of any
subsequent breach or violation of the same or ot any other te=-..
covenant, condition .. ordinance, or law. The subsequent acce.ptance
by either party of any fee or other money Which may becoae due
hereunder shall not be deemed to be I!l va i ve-r 0 f any precedinq
breach or violation by the other party of any tena.. covenant .. or
condition of this Ag:reif':ment or of any applicable law or ordinance.
SECTION 22 -NO !JWLlEP WAIyER
No payment, partia.l paYJIent, acceptance,. or partial
acceptance by CI"l'Y shall operate as a waiver on the Pl:.rt of CITY of
any of its rights under this Agreement.
SEC'l'IQN 2 J -cosTS ANn AlT9R!UXS I FEES
'l'he prevailin<J party in any action brought to enfor.::e the
tenns of this Agreement or arisinq out of this Agreement cay
recover its reasonable costs and attorney tees expended in
connection 'With such a..-, action from the other party.
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SECTXON 2 i -NO@ISCRIMINATION; PENALTY
24.1 OUTX or COHSPLl'AFt
No discrillination shall tw! mad. in the employme.nt of
persons under this A9reement because of the race, color, national
oriqin, &nCllistry, reliqion or 5e.J[ of such person. It the value of
this Aqree.ment is" or Jl4y be, Five Theusand. .[)Qllars £$5,000) or
more, CONSULTANT agrees to met all requir~ents of the Palo Alto
MUnicipal Code pertainin<] to nondiscrimination in emplo)'lU!nt and to
complete and submit the ·Compliance Report--Nondiscriminatlon
Provisions of City at Palo Al to Contracts· on the tona furn ishee! by
CITY.
OONS~ANT agrees that each aqreement tor services from
independent providers shall contain a provision substantially as
rollews:
-PROVIDER sball provide CONSOLTAlrl' with a
certificate statin<] that be (or sbe) is currently in
compliance with all Federal and State or california laws
coverinq nondiscrillination in employment; that he (or
she) will pnrsue an affirmative course ot action as
required by the Atfi.,.ative Action Guidelines of the City
or Palo Alto; and that be (or she) will not discrt.inate
in the emplopent of any person under this contract
be-cause ot raee, co~or, national origin, ancestry, sex or
religion of such person.·
2<&.2 PEZfALTX lOR nUCBOOHATIOH
If CONSULTANT is found in violatton or the: nond18criJaina
tion proVisions of the State of california Fair bployaent
Practices Act or slal1ar provisions of federal la\l or executive
order in tbe performance ~f this. Agreement, it .hall thereby be
found. in material breach of this Agree.ment. ne.re.upon, CITY sball
have the power to cancel or suspend thi 5 Agreelllent, in whol e or in
part, or to deduct fro. the anount payable to CONSULTANT the SUIl of
Twenty-Five Dollars ($25) ror each person for each calendar day
during which such person was discriminated aqainst, as damages tor
said breach of contract., or both. Only a finding of the State of
California Fair Employment Practices COllDlissio.."l or the equivalent
federal aqency or officer shall constitute evidence of • violation
of contract under this section.
SECTION 25 -ARBITRATION
Opon aqreement of the parties any controversy or c1aia
&risinq out of or relating to this Agreement aay be settled by
arbitration in accordance with the Rules of the American Arbitra
tion Association., and. j udqment upon the award rendered by the
Arbitrators .... y be entared in any court bavin<] jurisdiction
thereof.
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SECTION 26 ... sQl'ICIS
All notices hereunder shall be qiven in vritinq and
.ailed .. po .. t.a.qe prepaid, by certifiedi aail, addr •• sac! aa follov.:
'l'o cXTY: ott ice ot the city clerk
450 Hamilton Avenue
Palo Alto, CA 94303
'l'o COIlSULTANT: Attention of tha PROJ1lCT DGlNEER
at the addreBs ot CONSULTANT recited above
SICTXON 2'7 -AU. COVENANTS AREi CONDITI~
All provision. ot this Aqr_nt are expr ... ly ... de
conditions.
5JCTIQ!I 21 -JWREIKENT CONTA!" J..LL mmEBSTNlQJ:NGS; ug;H1)KEH'T
This docuaent represents the entire .nd integrated
aqreeaent between = and CONSULTANT and supersedes all prior
negotiations, r.presentatlons, and agreements. eith.r written or
oral.
'l'bls document 1II&y be amended only by wri tte1l instru.ant.
lliqned by I>oth cITY and COIlSULTANT.
SEMTON 29 -GOY£RlfING LAW
This Agr<oement shall be qoverned by the la"" of the State
ot california.
Ilf WITNESS IfBEREOF., tb6 part ies hereto have exacu.ted thi.
~t the clay and year first aI>oVe written.
ATTEST::
City clerk
APP~VED AS TO FORI!:
Assistant City Attorney
APPROVE!):
Assistant city Managar
Director of Finance
CITY OF PALO ALTO
Mayor
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Risk Ka!la9'er
APPP.OVED AS 'rO COIiTEllT:
Director or PUblic .or~~
Attacbments:
ICCHIBH -A-:
EXHIBIT JlB-:
EXHIBZT • C· ;
r:
SCOPE OF PROJECT , SCBEOOIZ
RATE SCHEDULE , PAY!iEN'l' SCllEOOLE
INSUllANCE
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EXHIBIT -A-
SCOPE 01' PROJECT -PROJECT IlfSPECTOfI. ANI: ENGINEER
The City o~ Pa~o ~to ~lt. the followinq description and
duties o'f Project's Inspector &.r.~ Enqineer tor services to be
pertor..ed with respect to the con8tJr~ction project at 520 Webster,
Palo Alto.
prnjcpt De!u;ript.ion: Project's IltSpector and Engineer will be
acting under \:he dirBCtion of the Public Works Departloent and will
assist the city in adlti.nistering htprovements associated with a
proposed two-story a4dltion and .eismic upgrade of. the City's
Webater-Ccwper Sara"e. 'l'ba construction proj act is expected to
laet approxt.ately tour ,.) months and is scheduled to commence in
April 1991 and be completed in Awoust 1991.
The proposed hours ot work tor the Insp9ctor are approx.1.Aately
four (4) aonths of fUll-time coverage lIJIIOUntlng to ei"ht (S} hours
per ,day (700 hours). The bours ot the Enqin8er are on an as needed
basiS est1.Jaa.ted to be 200 .. '"Ork hours over the. tour months of
construction •
I. support s.ryic •• Of Projeet lnspActor
1. Schedule
Review proq:ress schedule .ubaittea :by contractor and.
cor.:;ult with Public Works concarning the acceptability o~ such
sched11les •
2~ Conference.
AtteJi4 the prec:onstruction ...... Ung and' all proj ect
construct ion JIleet ings, and prepare notes 0 faction i teas tor use by
Publie Works only.
l~ Liaison
Serve as the Public Works representative with t:J.e
contractor. Assist in serving aa the City's liaison wit..'
contractor and developar5 when the contractor's operatiOns affect
the City's interests and the interests of the pul:llic and adjace.nt
comaerc1al-buainess owners. The Inspe.ctor viII coordinate with
downtown business groups and th& public to ensure that the
construction activities resul t in the least. amount ot disruptiorl to
business enterprises, traffic flow and parking spaces.
Provide
testing agencies
testing.
necessary coordination with City-authorized
t<> provide the required field and laboratory
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". Shop praving
Review any shop drawings i~ required and receive L"'ly
modif'icatiana to the drawinqs er specifications and report them to
Public Works Department.
Review will only be tor conformance with design concept
and intormation cont.ined in the contract documents.
s. Jteyiow or Work. Rejection or Defective Work. Site
Obse.-vat i Q:J
Cal Conduct on-site observatione of work in progress to
assist the Public Works Cepartment in determininq it the work is
proceedinq in acco~ancB with the contract documents.
(bl Report to Public Works Departll1ent ""'y work which is
unsatisfactory, taUl.ty or defective or does not conform to the
contract conditions and City approvAl conditions. Engineer vill#
as required, aake recommendations regardinq any remedial action
that aay be required.
(e) verity that tests, equi"",ent and system startup and
operating -.ainte.nanee instruction. are conducted as required by the
contract cloc'wIlen"ts and in the presence 0 t the required personnel.
IS • BEtPords
(a) Prepare daily reports &."ld record the outcome of
lnspeetion pertainin9 to the project.
Orders any additional drawinqs used. subsequent to the
execution of the contract# clarification and interpretations of the
cOntract documents, proqr .. ss reports and other project-relate~
documents. The duties do not involve the flpproval and execution of
change ordll!rs and monthly contractor pa}"lIents.
7. Beoortl
(al Report on all actual or potential personal liability
or property damaqe claims aqainst the city or pri'\,·ate party
resulting trom contract work operations.
(b) Ascertain progress o~, or review, a11 project
mitiqation measures and file a monthly report for review-by the
City Plannin9 and Public Works Departments.
(el Review and determine compliance :fer street opening,
encroachment and parkin<; pentits and their conditions.
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II. SuPPOrt seryiceg ot Engineer
The :Engineer shall review any cbanges to conat.ruction drawinqs
or 5p9Clficatione, including supportinq calculations as requested
by the Public Works Department. Review vill only be tor
conformance with design concept, and information contained in the
contract docUmentJo.
The Engineer will perform additional services as requested by
the city related to the de.siqn and. construction 0% the. project.
III. <i§nernl
1.. 'l'he City aay request IiUpport serv1o:es., .froll the Inspector
and Engineer., tor a period longer than originally schedul.d~
2.. Except upon written instruction .from City., Project's
Inspector and Engineer:
Cal &hall not authorize any deviation trom the contract
~ts or approve.any substitute materials and equipment:
(b) ahall not exceed limitation on City's authority as
set t"orth in the contract construction docwD.ents J
Ce) shall not undertake any ot the responsibi.lities of
contractor~ subcontractor or contractor's s~perintendent or
otherwise direct the performance or tha contractor's work;
Cd) shall not edvise on or 1ssu~ direction relative to
any aspects or the :means # methods, techniques ~ seq".lenc 1ng or
procedures of construction., unless specifically c.lled tor in the
~tract documents or authorized and apprO\'"8d by .the city: and
ee) shall call the attention or City/Contractor to any
noted sa%ety problems but sball not be respo~sible for job site
satety.
Project Inspector
Project Engineer
Schedule of Payments
$ 50 per bOUl:'
$l~O per hour
WEST ENGINEERS & ASSOCIATES, INC.
PROJECr MANAGEMENT SERVICES
FEE SCHEDULE
PriIIcipaI
Project Mlma£er
Effective JanuaJ)' l, 1991
ProfcsAonaI Engineer/Architect
SelliO< ~ulinS Engineer
SelliO< Coot Engineer/Eotimator
Cost/ScbeduIing ~
Quality Control Engineer
Project Fngi1!P#r!Contract Administrator
Junior EnginecrJrecbnicaJ Assistant
Graphics Technician
Word Pro=singII)ocumt Control
HourlY Rales
S 120
90
80
80
15
68
6S
61
50
Cost + 6%
Payment are due within 30 days of invoice dale.
Interest of 10 percont per aDDUIII will be added to any
oU1SlallcIiDg balances.
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(OMPLIANCE REPORT Hon-Di$crieinltioD F~DVLsio~s of PlIo Alto C~~~r.ct!
r~i. ~.PQ,t _".e be cDmf,.tld b~ pri~.
co .. tJ"tlctDl" tl"d .ac" ,~bc""t""~d"tCl~.
CPMPl.t, ell it'~s k"l6&. Q~h.~~i"
L".tP~et.d. V,. tztpr. ,~ •• t, if
,,"CC.#IU"r.. SUSJ!'!~ OR:iil.AL CF !'il:i
REPDRT DIRECTLI TO:
Director of Pt"Ir-c.he,lng Slt~yi'e,
Civic Center
250 ... i 1 con AveP'll.te
'.10 .1to~ C.'ifor~i. ~jJ!
Circle One:
Projec.t. Webster-C-owper Garage
Nue of Fir. West Engineers
~ociates, Inc.
Name of per~on p~eplrinf fOTZ~ or
person to C:Obta,l..
JCaren L_ West Ext ~ ,
Su.bc.ont:: aCl:c;.r ----------._---
P~rt Co.pjete the follawin.:
1. Full flU',e alo-! addteS5 of iin.
DT other Tep~~tini unit covered ~
by thois Tcp:,rc.
West Engineers • Associates, Inc~
44 Montgomery Street, Suite 73S
San Francisco, CA 94104
2. N., .. {" I:d. c-dchTS' .... f f:"in.;ipa~
offJcial ct ~i" . .tIag~:-.
3. )la.e and addres5 of priBcipal
offic~ of c~~~.r.y,
4. N~.e and ~d~r~ss of parent
company :f en Dffl1~~ted
cOTpor.a!:,ic:..n.
s. Nnm~ ~nd .dcre5~ or rri.e
contr.~tor (eo~p:ete o&ly if
tbis is • ~U~CQntTactoTI~
rej)o'':'t •
OZro E. West. President
--44 Montgomery Street, Snite 735
San Francisco, CA 94104
Same a.s Above -
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COMPANies AFFOfIDING
A HAITF~tG liS. '0.
COVERAGt.:~ . .
MY ..".
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1 JtICf::OF=, T~ .~11~ I::OMPAN'V loll,,/" Era..lVOA
Il teN JI«:lI ~'E TO TI£ ceATFC-'TE 1-O..00lt~o TQ
TO ...... il SUCM NOfa; SH~t. MP05e ~"',::::::::~,:~I
TI'I!. COftM'-'NI',l1' "'QENT$~~
.,
6~ Silnature and title of authoT~
ized representatlv~.
X~(ukl
Executive Vice ~resident
J),;It e: April 16, 1991
Put II
1. Attac.h a state.ent of your company's polic.y an equal" emJ:'lo),ment
opport'UJlity to all peTSOJ15 without re,ard to race, creed, color.
national orilin. or ancestry, and describe wh~t steps have been
tale. to pvt this policy into eff.ct.·
PaTt III Circle the proper anlwer
I. @JtI0
2. ~NO
44 ~NO
54~HO
Have you inforaed c.oapaDy officials and representatives
re.ardina the Don-4iscriainatioD previsions af City of
Palo Alto CODtract.?
Have you examined YOUT company's 9ractices re,ardin£ a5si&~·
.ents, layoffs or tTansfers af youI' e.ploye~s from ~ne j~b
to another fOT evidence of a practice or e.ployment p~ttcrr.
that ai,ht appear to be di.crlaiDatory and based upon Tace.
Telilion or nati~!loal orilin'! Are they lIon~d.iscri.inator:,'?
Og you have educational OT traiftina programs spon50T~J ~T
financed far the benefit of e~loyees OT prospective
•• ployees?
a. 17
b. 7
How many people p.rtiFip.~e in these progTam~~
How .any are ainorities?
Does your help wan~ed advert is in, state that you are ~n
equal o~portunity •• ployer?
Are any .pprentices ~btaiDed from source5 outside the
._ployer's work force? Jf ye5~·hav~ you circulated inform
ation about apprenticeship openi~as or opportunities to
the fellow;.,?
(]iY No
@> No
@ No
§ No
State Employment Office.
New5papers OT othcT .e~ia
Hiah Sc1tocls~ includina those in .i:nority IT01T
areas.
Lac.l trade or vocational schools. inc)udjns 1bo~~
~ith .iDority ,roup stu~ents.
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6. Yes No
IoI1t-
t.
~aTt IV
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G.!YHO Aleneies and/or oTlanizltion specializin& in .inority
e.plcyaent ~
res@_ f_derat OT State Af'pJ'enticf'ship representatives.
WhD~? __________________________ ___
OtheT~s~ ________________________ _
If YPu are a pr~e contractor, have all subcontractors
c:overed by these co.p.!.i,ance inspection reports be.en instructed
as to their contractual obli.atioD5 rel.tin. to the n~n·
discri.i~ation provisions of City of 'alo Alte Contracts! !zplain' ______________________________________________ ___
Have all ret~~itment sources been advised that all qualified
.pplicant. will receive consider.tioD for eaployaeAt wifbout
re,ard to raee, color, creed or natioDal eri.in!
Identify (A~es and addresses) the e.plo~ent .,enci •• ,
personael recruit.tnt or,snit.tions. newspaper adv.rtisinl
or other aoft~uDion sourtes from which the compaay recuits
its per.ollDel.
San Francisco Chroniele, San Jose Mercury-News
San Franciaco State university, San Jose State Vniversity~
San Francisco Community Colleqe
State Employment Offices
Yes £-Hlve you. collective barlaininc .,ree.ent with a laboi union
or other oT,aniz.tion!
Ye. No
If ye., spe~ify the UnionCs) or oT,.ni:ationC5j
Have y~~ advised the labor union and/or worker orlanizat-
ion of the complny's responsibility undeT tb~ Don-discri.i~lt·
ion provisions 01 City contracts!
3. __ I
Yes 110
Yes No
6.
;.
'.
o
Appraxi •• tely what percentlh~ of your ~~rloyccs COVCTi J
by Wllcn .,ree •• nts ar, refe-rred by or hi re4 throua::fl :.lll'
unions T
ExplaiD procedure for hirine bll.nce. _________ _
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Does the co.p&ny~5 c:ollec.t.ive barl.inine .Erec1r.~nt or
other cOlltTac~ OT understandinl with. labor union Irr
unions) OT other worker'S oreaniz.at ion inc: l\.ldc .:I rr~\" 1 S I' n
fOT non-discriaination ift employ.ent!
ts there any labor uniOD or wOTker' .. orrani :.It i on pol i C)"
which preve-Ilts you fro. fu:l fillinl your obl i~lt iOr1~ ur,..!!.'r
t:he nOD .. c1i,cTDi:nation proYlsions of (,j ty cart r30C ts~ J f so, specify., _______________________________________ _
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Speeify the tTue(s) or craft(s) invoh·.d i" th i, <on".".
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DATE: ARrO 16 ]991_.
~ of F'r_ West Engineers , Aseociatas, Inc.
ro j"ft JI... Webster-Cowper Garage
Submlntd by Jl::aren L. W~ __ _
~~:r.ct , «lftd1clte only for moothly repo~tl "0. J)
I) -1-Pcr .... Mnt ukeup of cn-.plny. (x) ·2· !Jt , .. ced .. hl.lp lor tt,iJ prQ~cc::t •
) -J-tlr'!ftthl, report for 197_ Su!:n'll1t Cln=e per-!DOl'Ith for lSurH in:'] "r
e"Jt!'t t. 1-PerlUnl'!nt. 2-F.:ittlUtl!' for-pr~jec-t. J. !toru:hl, only.
! JI~rr '" indttde ill taployen f:r.t; Urn "ol~, fte-t jUlt minorities. Nos. 1 an<l :! tid" ... '
r~ required to be fillad in and lubadtted with'Comrl1aD~e Report.
--------~~~~~----,_----,_77--"'~~~~----Asian AIDer lean S:>&:"~=', rote! all
Aaer-Iean l!!dian ~lJrn"'''' t
1 2 1 1 2 j --;-. " CAT'£G~'I£S .. fC!ute
I 2 ) 1 ~ l
'II.':ek
, 3
Ina i!tIlent 3 1
~ofeSiiOouh 11 1 3
l .. ric,Il-0fUce 5 5
le-ld su er-¥{sC'r
:ill~d .. lht
Iskilhrf .. hit
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---------+-+-+~r-r-r_r_r_+_+_+_+_+_+_+_~.---~
19 1 9 5 I '1 1" " "~::.'L"-,OF,,--,,,"",OVE=~_""'_.J.........J'-..lJ_.....L_.J...--''---'-_.L--'_...L_L....L_.J...---J'-~' _ L .. _~.-J
,r dati belo~ shovld .110 be included in the a ro r1ate eetc orl~s above.
Jub
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1 1 1
Prn>"tuc:tJDrl .............. __ _
,is r~port ~~L b~ ~~je~ed by contractor .~d each .ubco~tr.~tor.
I. t..-nl "5pl\ln1," Sutn.~d" 'ncludol!s .U pet.aas of Mellie.a. Pl,ltrtc liean, (lib .. !'., i..~:1.:.
~ric.a ~r Spanish origin.
par! ~nlJ p~pl~ye" enr~lled 10 for .. t oa~the·job tr.1~lft8 pTn~r~ •.
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WESI' ENGINEERS & ASSOCIATES, INC.
EQUAL EMPLOYMENT OPPORn1l'oTIY
II Is the poli<:y of West E.ngineecs .t Associates, Inc. to provide equal emplO)ment
opportunities without rega.-d 10 race, color, crood, so, age, handicap, relision, national
origin, O£ marital status.
This policy applico to all area. of employment including reatUtmenl, biring, training and
development, promotion, tran5fer, tcnnination, layoff, compensation, and all other
conditions and privileges of emp1o)ment in accordance with applicable federal, state, and
local ....... and with the basic dictates of bum .. dignity.
West Engincen is MIy committed to taII:ing affumatm action to prevent discrimination
in the W<>rtplace. We !lave an establisbed Affinnatm Action Plan whicb is CO!Itinually
updated. Compliance with the plan Is continually monitored Percentages of minority
and women professional and tecbnical staff, salary levels and benefits are reviewed for
~ Those OIl our staff who male biring decisions are instructed that
applicanls an: to be consiIIered without regard 10 race, colo<, creed, religion. so, age,
ha!IdU:ap, natiooaI origin, 0< marital ""_
We adiYely seek minority applicants for all job positions. Some of the steps our firm
takes in hiring staff are:
-Aavettis.e in majoc metropolitan newspaper> which reach minority groups
-state in all advertlsing thaI we are an Equal Opportunity Employer
-EncoUt8jle prt:sent e"'Ploy"'" to refer minority and women applicant:5
-Maintain contnl-"tS with local University engineering staffs for "'fenal of
qualified minorities and women
·Recruit through scbools and coDeges having minority students for trainee
pooitions
·Work with local agencies and o<ganizations specializlng in minority
employment
West E.uginurs also make! a serlous effort 10 encourage mioority and women-owned
firms to participate in the projeC13 we undettal<e and have met or exceeded City and
Public Agency goals on aD contracts.
•
o AGREEMENT No. ___ _
• CONTRACTOR SMALl.. POO:JroE. OR F\,II=INISH THE FOU.O'HING SK.::.tFlEO SCl'llfICES JJ.I~ ~ TEo:Iw..s SPEC~O rN ~!ElIT ___ _
A TTIoCIEtl HEReTO IINO N::OFl.C'OAATEO HEAEIJrj BY lHS AI::.fEAB"CE
CmsWt.ing Engineering aerJioes far the caJSt:ructial ~ ...... of ioiel:eter<owpe Garage, 6th
and 7th lENel.s. 5ervices shall b> perfomed CXl. as ,-. :basis; ~.sa= shall be
en bcurly %ate per the Sdledu1e of Fates (Exhibit e).
• EXHIBITS 1'liE I'Ol.l.OWING ..,TT.-.ctED E»W!TS HERE!!V MlE IIrotAOE ~ARf ~ THIS 4.:iAEEIoEHT
Exhlbi t A Scope of Project/services (ErqiIleering Dlt.ies)
Exhibit B 'Sc:tBt11e of RateS
Exhlbit C certificate of Insurance
.. TERMS TH£ S€RVlCES ANOIOFI M.-.TE.MLALS ~ ONDER Tl-NS,t,GRE£WEHT ~ ~ ON April 24# 19!H
AND SI-W.L Be CCtM'lEl'm BfFOM: o$ep4eJi-er 30 r 1991
• COMPENSA noN FOR T)(f-FW. ~r: Of nus AGRE£~ENT
(!I em'StWJ. PA'f COH'T"RACToq.
• PAYMENT RECORD ___ REV ..... SlOE,
• CITY ACCOUNT NUMBER:
I <EY cooe OOJ£CT I """':~~:---"'<AS< NO I """"""..,...., : : ~ ~.ooo,oo·
• GENERAL TERMS AND CONDIT1OtIS .RE INC'.UOED ON eon< SlOU "'.,... OOCU\CENT.
nos AGRffMEJfT SHAll 8ECOME EFf£CTM UPOfii ITS APPROVAl. ~c EXECUTION 8V crrt'. ~ WrTN~SS THEftEOF, 'mE PA~m:S HAW: EXEr.lJT'EO THIS
AGRIDEIfT M !lA\(, MOIfTtt, ANOltAA F1~,WRrTTEN ABO\I'E.
KOLI HMI&!SI. COffTRACTOR IQ~ tEI~. ~ aM "'*1 ~ CITY, .... 1IftUrs. ~ and ~ hlIm MI'J M!lI aft ~ dIIms til'" 1Qb~~ rI
'"' fIIlUn. InCludInG wrongfu/lkIttI, r;:alIS«I by or ~ out of COtfllI.A..~'S, tt:s 0I'I'Iters', .Igfr.t5' OJ ~' nea"" oICTS, errors. ar omiS5ians.. or .,ltI\J'
~ O'toodoo!1)l ~t'I! ~1i!1~ !>tric1llabi!t!)' 00 cetmV.t;TQP, inlt!t ~rf~ or ailll'l'ltI pefI\lrn"i lh~iG~ ~ 'CC~lOP..
£MT'IIIf Ie 7. Thi5 ag~ m" tN: nmm.and 'ioo4r!iQ{!; R!l b mat Ilrroof ~rr.iIfTIltIt IffiTlJe illJreemtI'Tt ~ ttle p.artJ!S:II'i['1 resped ID ttle p~
and ~ of 1M aqJ~ 1N:1eria~ Q!'" su~Jiti Of pa-ymem for servas ..tlC~ rNY tie !he SUD~ aI rt'1I!o .:ooI~, ,1,11 pricor ag~m!rrts, ~OOS. s:tztemr:rtts.
II!gatiiItions aI1It ~.nethef OI'<I~ "-1IIrrtten uti ~ ~
• PROJECT MANAGER"", """"'salT .. me "'" CITY CONTRACJOft _
...... Jim!lO!:rimtpn' -\",sv .. /,Il,lIu C. ~
'.0. BQX 10'Z50
PA1.C ~ TO, CA S43CI3
T~ .4'5/32H693
nru
• INVOICING $CNe AU. JllNQlCES TO me CITY .... TTN. PAQJECT """"""'r;.EA
Uw (", .. ;J,g'"
• CITY OF PJ.LO ALTO APPROVALS: ~RQtJTE ~ SG<IIA TUAE5 ACCC).C!Ot-IG TO M.N6eF'4S IN APPACWA1. SCll(ES BELOW)
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EXHIBIT ItAIt
SCOPE OF PROJECT -PROJECT IlISPECTOR AND ENGIlIEER
The City Df Palo ~to sub_its the following desoription and
duties of Project'. Inspector and Engineer tor services to be
~oraed with reapect to the eonstruction pr?ject at 520 Webster,
Palo Alto.
prg1ect J)eacx"pticn: Project's Inspector and Engineer will be
.. cting lL"lder the direction of the Public: Works Department and will
assist the City in administerinq impro'\'ements associated with a
proposed two-story addition and seislII.ie upgrade of the City's
Web.ter-Co¥per Garaqe~ The construction project is expected to
last approxwtely tour (4J months and i. scheduled to comllence in
April 1991 o.nQ be completed in August 1991.
'!'he proposed hours of work for the Inspector are approx.ilIlately
tour (4) IIOnthe of tull-time coverage aIIOunting to eight (8)-hours
per day (7CO hours). The hours of the Engineer are on an as needed
basis estimated to be 200 work hours over the f~ur months of
construction~
x. Support Services of Prg1eet Inspector
1. Sghedule
Review progresa schedule sub.itted by contractor and
consult with Public Works concerning the acceptability of. such
sc:bedules.
2 • CgDttrences
Attend the preconstruction ...... ting and all project
const!'Uction meetings, and prepare notes of action itezs for use by
Public Works only.
3.. Liaison
Serve a.!] the Publ ic works re.presentati ve vi th the
contractor.. Assist in serving as the City's liaison with
oor.traetor and developers when the contractor's operations affect
the city'. interests and the interests of the public ahd adjacent
caa.ercial-business owners. The Inspector will coordinate with
downtown business qroups and the public: to ensure that the
construction activities result in the least amount of disruption tc
business enterprises, traffic flow and parkinq spaces.
Provide necessary coordination with City-authorized
testinq agencies to provide the required field and. laboratory
testing.
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• ~ Shop praylQq
Reviev any abop drawing. it required and receive any
aoc:!i.tica:tiona to the drawi.ngs or specitlcations and report theD to
PUblic WorD Depa~t.
ReView vill only be tor conroraance with design concept
and information contained in the contract documents~
5. Rayley ot work. Rejectiqn of oetective Work, ~
Ob§,ryat 4 on
(a) Conduct on-site obs8.rvations ot work in progress to·
... ist the Public Works Department in deteraininq if the work Is
procead.inq in accordance with the contract. ciocuments ..
(b) Report to PUblic Works DepntlleJ1t any work Wblch is
unsatiatactory, taUl ty or de.fEct! ve or does not confon; to the
"""tract conditions and city approval conditions. Enqineer viH.
as requintocl.. .aka r.~ations reg-ardinq any remedial action
~t _y be required.
fe) Veriry thet tests. equip.ent and systea startup and
operat!n9 maintenance inatructions are conducted as required by the
contract docu»ents and in the presence ot tbe required personnel.
6.. Records
fa) Prepare dally repcrta and record the outCOlDi! of
tn.pection pertain!n9 to the proj ect.
orders any additional drawings used subsequent to the
execution o'! the contract, C'larifieation and interpretations ot the
contract: documenta, proqre.s reports and other PrQject-related
c1OCU1lellts. The duties do not involve the approval and execution of
ehanqe orders and monthl)" contractor payments ~
7.. hports
(a> Report on all actual Qr potantl&l personal liabUity
or property damaqe claims aqainst the City or private party
resulting fro. contract work operations.
(b) Ascertain progress ot, or review, all project
aitiqation aeasures and file a monthly report tor review by the.
city Planning and Public Works DepartBents.
(el Review and determine compliance tor street openinq,
encroac:lment and parkinq permi t& and the ir condi Hons.
.'".
The Enqineer .hall review any changes to construction drawings
or specitication." including supportinq calculations as requested
by the Public Works Department. ~aviev will only be f~r
conformance with design concept and in~ormation contained in the
contract documents.
The E'nqineer will perfor:a additional services as requested by
tbli9 city related to the design and construction of the project.
XXI~ General
1. The City may request support services" from the Inspector
an<! Engineer .. for a period 10flger than oriqinally scheele.led.
2.. Except upon written instruction from City, Project's
Inspector and Engineer:
Ca) aball not authorize any deviation from the contract
documentS or approve any substitute materials and equipment;
(b) shall not exceed limitation on City's authority as
set. forth in. the contract construction docum.ents 1
(c) sball not unaertake any ot the responsibilities of
contractor, subcontractor or contractor's 5uperintendent or
otherwise direct the perforaa.nce ot the contractor's work;
{d) shall not advise on or issue direction relative to
any aspects of the means, .ethods, techniques, sequencing or
procedures ot construction, unless specifically called tor in the
contract docWaents or authorized and approved by the Ci ty; and
<e) shall call the attention of City/Contractor to any
noted safety problems but shall not be responsible for job site
sarety.
Project Tnspector
Project Engineer
Sohedule at Payments
$ SO per hour
$~OO per hour
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