HomeMy WebLinkAbout0417.091-
September 5, 1991
THE HONORABLE CIT, COUNCIL
Palo Alto, California
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Civic Center Bujl4Jng Fire SprirJc). __ ?r System DesignJ_mCIP 1910S -
Coosultant ~greement
Members of the Council:
~9rt in Brig[
This report recommends that CO'.l.ncil approve an agr.eemer.t .... ith
Schirmer Engineering corporation in the amount of $:30,000 to
provide engineering design services fer the Civic Center Building
Fire Sprinkler System. project. This project provides for the
installa:t,i,.on of a: fire sprinkler protection system for those areas
of the Civic center ¥hich arc currently withcut spri~~ler6~ This
'Work ",-ill comply vith the U:liform Fire Code requirements. Funds
have been appropriated in elP 19108, Civic Center Buildinq Fire
Sprinkler System.
o i scussi.'2.n
~fI.. Request tor Proposals ,,,,:as sent to seven er.gineering firms~ six
firms ~ere interviewed by a selection ~dvisory committee in
accordance with the City's selection procedure for professional
consultants. Th~ firms interviewed were: Gage-Babcock'
Associates; Practicon Associates; Rolf Jensen & Associates;
American Risk Matlagement; FPE Group; and Schirmer Engineering
Corporation, Inc. The selection committee consisted of staff from
the Fire, 'finance, and public Works departments. The co;r-~i ttee
selected Schirmer Engineering Corporation based on its ...... ritten and
oral presentation and the e>.:pertise available ""ithin the firm
related to the project.
The consultant will be required to prepare a preliminary design for
City review and approval, final design and construction documents,
and a cost estimate for the project~
'rhis project was in.-:luded in the list of FY 1990-91 consultant work
submitted to the Finance 2nd Public Works committee in July 1990.
Th~ project vas not selected to be returned to the Committee: for
review.
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CMR:417:91
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Staff (with the ccncurrence of the City Attorney) has determined
that tt.e consl.l.ltant is required to execute the Statement of
Economic Interests, Form j)O~ and other~ise compl~ ~ith the
financial interest disclosure provisions of the City's Conflict ot
Interest Code. The consultant's range of duties and the services
to be provided under the agreement would entail the making, or
p~rticipation in the ~aking, of decisions by the consultant ~hich
may toreseeably have a :material effect on any financial interest of
the consultant and any individu~l ..,ho lnay be authorized to make
decisions on behalf of the consultant with respect to the
agreement, and the nature of services to be rendered ~ould not be
limited in scope r.or primarily ministerial in nature.
staff reCOm1l'.en:is that Council:
1. Approve and a,uthorize the Mayor to execute the attached
consultant agreement 'Wi th Schirmer Engineering Corporatien, in
the a~ount of $30,000 for design phase ~onsultation services
for the Civic center Building Fire Sp~inkler system.
2 ~ A.uthorize t}'1.e City Manager or his desig:";ce to negotiate and
execute amendments for services related to or incidental to
the scope of "Jork or services~ the value of all of '""hich
a~endments shall net exceed $5;OOO~
Respectfully submitted,
C. T. CORAN
Facilities Engineer
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JUNE: FLEMI NG
Assistant City
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Att.achment:
CMR:417:91
Agreement
DAVID G. ADAMS
Director of Public ~orks
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PROFESSIONAL ENGIPEERING CONSOLT~ SERVICES
BETWEEN TEE CITY 07 PALO ALTO AND
SCHI~R ENGINEERING CORPORATION
THIS AGREEMENT I made and entered into this _ ..... _ ... _ day of
____ , .1991, by and bet-.'oeen the CITY OF P.~LO ALT"OI a
mUl"'licipal corporation of California, hereinafter referred to as
"CITY,· and S CHI.R.l.fER ENGINEERING CORPORATION (Taxpay~r
Identification No. 36-2531450~ ~ a Dela~are corporati~n, ~ith
offices at 2325 Clayton Road, Conc:nd, CA 9~520, hereinafter
referred to as "CONSULTANT II :
if I T B E S S ~.T H:
WHEREAS, CITY desires certain professional consultant
services hereinafter described. and
WrlEREA.S, CITY desires to engage CDNSGLTA};"T to provide
these services by reason of its ~~alifications and experience for
performing such services and COllS!;LTA.l-.,'], has offered to provide the
required services on the terms and in the mann~r set forth hereini
in cor.sideration of their mutual
covenants, the parti.zs hereto agree as follo""-s!
S .. ,ECTION 1 -DEFINITIO~.~
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1. 1 aTY ~J..N}.GER
The term "City Manager" :means the duly appcinted City
Manager of the City of Palo Alto, Californi~, or his d~signated
repreoentative •
1.2 CITY CLERK
The term "City ClerK~ shall mean the duly appointed City
Clerk of the City of palo Alto, California, or her designated
representative.
1.3 CITY ATTO~~EY
The term ~City Attorney~ sball mean the duly appointed
City Attorney of the City of Palo Alto, California, or her
designated representative.
1.4 ~MANAGER
The term "RisK Manager'" shall :mean the duly appointed
Risk Manager of the City of Palo Alto, California, or his designat-
ed representative.
1.5 PROJECT
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The term kproject~ shall mean the improve~ents described
in Exhibit "A" entitled ·Scope of Work,1I 'Which is attached hereto
and made a part hereof by this reference.
SECTION 2 -=. PRQJEC'I' COORDINATION
The City Manager will be the representative of CITY for
all purposes under this };,greement~ CALVIN OORAN hereby is
designate:j as the PROJECT MANAGER for t.he City Kanager and shall
s.upervise tile progress and e:;.cecution of ttlis Agreement and shall be
assisted by KAREN SMITH, the PROJECT ENGINEER.
2.2 CONSL"LTANT
CONSULTANT shall assign a single PROJECT DIRECTOR to have
overall responsibility for the progress and execution of this
Agreement for CON'SULTANJ'~ WARDE COMEAUX, JR. hereby is design"ted
as the PROJECT PlRECTOP for CONSULT1L~T. FREe S1~rnpP. P.E. shall be
assigned as tbe PROJECT COORDINATOR for CONS1,.;LTANT and snaIl
represent. CONSULTANT during the o.ay-to-day ..... ork on the Project ..
Should circumstances or conditions subsequent to the execution of
this Agreement require a substi tate PROJECT DIRECTOR or PROJECT
COORDINATOR for any reason the PROJECT OIRECTOR or PROJECT
COORDINATOR designee shall be subje::t to the prior written approval
ot the PROJECT ENGINEER.
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SECTION 3 -~COPE OF WO?~
rne Scope of Work to be executed by CONSULTANT under the
phases of the Basic Services described in Section 4.1 of this
Agreement is as described in Exhibit -A.-
~TON 4 -DUTIES OF CONSULTk~T
4.1 BASIC SERVICES
stages of Work. CO~'St;LTANT!S Basic Services shall be
furnished in tl'1.e stages of 'Work as described below and as more
particularly described i~ Exhibit WA.-
4.1.1 PRELIMINARY PHASE
{a) CONSULTANT shall prepare a building
survey oetailinq options for installation of the sprinkler system
an::l fir~ alarm system.
(b) CONSULTANT shall consult ....,ith the
CITY as to 1oo'hich alternatives are to be developed in the design
phase.
(c) CONSULTANT shall submi t t ..... o copies of
the Building Survey to the CITY.
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(.tj) CONSULTANT shall submit to the
PROJECT ENGINEER copies of any and all calculations, sketches,
diagrams computer print outs, and other documents prepared during
this phase of CONSULTA..'IT'S Basic Senrices.
4.1.1.1 Design S+:aqe
The Design Stage shall consist of the follow-ing
phases of 'Work and shall include the usual pr-ofessicnal services of
civil, structural, electrical and %Dechanical
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engineering as ~pPlicable. CONSULTANT'S specific responsibilities ~
architecture,
under each of these phases are described below.
4.1. 2 Design Development Phase
{a} CONSULTANT shall prepare fLom the
approveQ ~uildinq survey, the design development documents
consisting of drawings, preliminary speCifications, preliminary
calculations, and other dat:! to fix o:tnd d~scribe tbe size arId
character of the entire Project, including materials and such other
essentials as may be apprcpriate~
(b) CONSULThN'l' shall apply the p-rinci~les
of value engineering to the design of the Project, to achieve the
lo .... est cost.jbenefit ratio to CI"r'i over the life cycle of t..lJ.e
facility. Life cycle cost.s are defined as costs incident to
planning, design, construction, operaticn~ and mainten~r.ce over the
lifetim.e of the Project calculated in terms of present value.
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CONSULTANT shall sub::nit his ...... ritter. value engineering analy:;;is to
CITY a~ the ti~e of sub~is$ion of Design Development Phase
documents. The scope of this analysis shall include, but is not
limited to, the following concepts: (l) documentation challenging
any criteria furnished by CITY ""here a savings in total life cycle
cos~ can be achieved; and {2} e.xamination of all other design
criteria for each discipline of work ~here alternate materials and
methods of construction are possible. The analysis shall consist
of the follo~ing elements: (l) comparative cost breakdown for
direct labor and material of all sele.cted alternatives; (2)
construction and installation techniques that decrease any item's
life cycle cost even ... ith a higher initial investment; (3)
maintenance and operating costsi (4) technical references, catalog
data, telephone quotes from suppliers and contractors I names and
dates, sketches, and test data; and (5) summary statement.
(c) CONSULTANT shall submi t two copies of
all pertinent Design Development Phase documents for revie .... and
approval by PROJECT ENGINEER.
{d) CONS1]LTA}." sball submit to PROJECT
ENGINEER for review and approval W'ith the Design Development Phase
docmnents, a re.vised current estimate of probable construction C'.ost
based upon refinements of design that occurred during Design
Development Phase.
(e) Ii required by CITY I CONSULTANT shall
make personal presentations of the Design De .... elopment Phase to the
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City council, any council committee to weich the Project is
referred., the Planning Commission, any cOIDlIlunity advisory group
and/or ~e Architectural Revie~ aoar~.
(f) CONSULTANT shall submit to th@:
PROJECT 'ENGINEER copies of any and all calculations, sketches,
diagrams, computer printouts and other dccument~ prepared during
this phase of CONSULTANT'S Basic services.
(gj Upon written approval by the PROJECT
ENGItfEEit of the Design Development Phase, CONSDLTANT shall proceed
to the Construction Documents Phase.
4.1. 3 ConstructiQP Documents Ph~g
(a) CONSULTANT shall prepare from the
approved Design Development Phase documentsr for approval by toe
PROJECT ENG!NEER, dra:win9s~ specifications, and other contract
forms setting forth in detail the requirements for the construction
of the entire Project including the n~cessary technical specifica-
tions, special conditions, bid form and other bidding information,
and cont~act fO~S4 CITY shall provide standard contract pages to
the consultant for ~se.
(b) Prior to advertising for bids.
CONSUl,..TAN'l' shall sui:l'mit to the PROJECT ENGINEER :for review and
approval a final detail~d estimate of the probable construction
cost.
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(c) CONSULTANT shall attend conferences
with CITY at critical phases of the 'Work and shall assist the CI'I'Y
in obtaining approval of regulatory agencies ~hen requir£d by such
agencies.
{d) upon completion of the contract
drawings, specific~tions# and documents, and at its expense,
CONSULTANT shall furnish two full-size sets of stamped contract
drawings, and one set of specificatio~s and other documents for
approval by the PROJECT ENGINEER and any other approving authori
ties.
(e} upon comple~ion of the approved
contract drawings, specifications. and other documents. CONSULT T
shall submit one set of reproducible dra ...... ings to the PROJECT
EN'GINEER.
(f) CONSULTANT shall submit to the
PROJECT ENGINEER any revisions to calculations, ~ketches, diagrams,
computer printouts, and other documents that were initially
submitted during the Design Development Pha~e.
4.2 h'pDITIONAL SERV~
CO~SULTANT shall perform or obtain any and all of
the following additional services if so authorized in writin7 by
CITY, and shall be paid ~s provided in Section i of this Agre~ment:
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Rev ise previously approved dra"'ings,
specifications or other documents to accomplish changes not
initiated by CONSULTANT.
(b) Provide services as an expert wi tness
in connection with any public h~aring, arbitration proceeoing, or
proceeding of a court ot record.
(c) FUrnish additional copies of contract
dra~ings and documents above the numb~r specified in this Agree-
ment.
(d) Perform any other services that may
be agreed upon by the parties sUbsequent to the execution of this
Agreement.
4.3 GENERAL DUTIES OF C9NSULTANT
4.:3.1 CONSL~LTANT represents that it is qualified
to furniSh the services described under this Agreement. CONSULTANT
further declares that one or more members or employees of its firm
and that of its subconsultants, if anf, are licensed by the State
of California to perform their services and that these services
will be performed by them or under their supervision~ CONSULTANT
shall furnish to Cl'ry for approval~ prior to eltecution of this
Agreement, a list of all firms or corporations to be emplo}'ed as
subconsultants.
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4.3.2 CONSULT~~T shall prepare in the contract
dOC'lments alternative bid iteros~ in addition to base bid items, in
compliance with Section 6 hereof and at no extra cost to CITY.
4.3.3 CONSULT~nr shall furnish CITY ~ith every
reasonable opportunity for CITY to ascertain that the services of
CONSULTANT are being performed in accordance ~ith the re~~irements
and intentions of this Agreeme~t.
5.1 CT'!'Y sball provide full information regarding its
requirements for tne Project.
5.2 CrTY shall contra-:-t .... ith Consultant d'.lring the
construction phase of this project for ccnstruction administration.
The fee for this work will be ~egotiated at that time.
5 .. 3 CITY shall e>.:a!lline docu>::lents sub::nitted by CONSULTANT
and shall render decisions pertaining thereto promptly, to avoid
unreasonable delay in t~e progress of CON5ULTANT t s work.
5.4 CITY shall provide a set of architectural
background drawings for the entire building showing all exterior
and interior walls.
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5.5 The i~foilDation provided ~y the CITY shall be
fu~nished a~ CITY'S expcMse, and CONSULTANT shall be entitled to
rely upon the accuracy th~reof~
5~6 If CITY observes or othe~ise becomes a~are of any
fault or defect in the Project or nonconformance with the contract
documents, CITY shall 9ive prompt written notice thereof to
CONSULTANT.
(a) CITY shall furnish infonnation
required by CONSULTANT as expeditiously as possible.
SECTIOIi . .....§..._.:'" EXCESS ESTrM..lI,.T~D CONSTRUCTIOz.rn CQST AND BTD
6.1 BlPS It; EXCESS OnL..fINAL ESTI¥..ATE . .oF.~CONSTROCTI0S _
COST
If the lowest responsible bid for the project received by
CITY ex~eeds one hundred ten percent (110%) of the amount of the
approved final detailed estimat~ of cDnst~ction cost, CITY shall
(a) give written approval of an increase in such fixed li~it, or
('~) authorize rebidding of tbe !'roject W'i":.hin a reasonable t.ilroe, or
ee) cooperate in revising the Project scope and quality as required
to reduce the construction cost. In the case of (c), CONSuLTk~T,
without additional charge, shall :modifY the drawings and speci.fica-
tions as necessary to bring the construction cost 'W'ithin the fixed
limit. The providing of this service shall be the limit of
CONSULTANT'S responsibility in this regard, and having done so,
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CONSULTANT shall be entitled to its fees in accordance vith Section
7 of this Agreement~
6.2 FIX~D MAXIMUM LIM1T OF CONSTRUCTION .COST
When a fixed maximum limit of construction CO'it is
established as a condition of this Agreement, pursuant to sub-
paragraph (cl of paragraph 6.1, CONSULTANT shall be permitted to
determine, with approval of the PROJECT ENGINEER, .",-hat materials,.
equipment, component syst€ms, and types of construction are to be
included in the contract documents to bring the Project cost within
the amount of the fixed limit; however. the principles of value
engineering shall be adhered to as discussed in Section 4~
CONSULTANT al so may make adjustment.s in the scope of the Proj eet
and include in the contract docUll'Ients alternate bids to adjust the
construction costs to the fixed limit, all with the express prior
approval of the PROJECT ENGINEER.
6.3 CCNSTKUCTION COST E$.TI¥.ATE
Statements of probable construction cost and detailed
final estimate of construction cost prepared by CONSULTANT
represent its best judgment as a design professional familiar ~ith
the constr;1.1.ction industry. It is recogni:ed, ho ... ever, that neither
CONSULTANT nor CITY has any control over the cost of labor I
materials or e~Jipment, over the contractors' methods of determjn~
inq bid prices, or over competitive bidding or market conditions.
Accordingly, CONSULTANT ca<l!1ot and does not guarantee that bids
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viiI not vary froo any statement of probable constructioc cvst or
other cost estimate prepared by him.
SECTION 7 -PAYMENT
Payment shall be made by CITY only for services rendered
and upon submission of monthly progress payment requests. Each
invoice shall be itemized as to the type of payment described in
this section~
In consideration for the full performance of the Basic
Services, CITY agrees to pay CONSULTANT a tee not to exceed $30,000
for the: complete package. Approved reimbUrsable Expenses describe-d
in Sections 4 and 7 of this Agreement s~al1 be paid in addition to
the Basic Services.
The amount of CONSDL'I"AN'T'S compensation shall be
calculated as set forth in Exhibit -B ft , Standard Fee Schedule,
attached hereto, up to the 'maximum amount set forth in this
paragraph 7.1.
7.1.1 Suoconsultants. Fees for subconsultants,
hired directly by CONSULTANT, shall be approved by CITY in advance
of incurrinq such fees.
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l'_or-Addi1;ional Services. For CONSULTANT'S
additional servIces, as described in Section 4 of this Agreement,
c0mpensation shall be as prescribed in Exhibit -Bn~
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7.1.3 Payment for
extra work or changes in the work not initiated by CONSOLTANT and
authorized in ~iting by th~ PROJECT ENGIN£ER sha~l be made vithin
thirty (30) days of submission by CONSULTANT of a statement of
itemized costs covering such work. Prior to co~~encinq such extre
work or changes, CONSULTANT and CITY shall agree upon an estimated
not-to-exceed cost for such extra work. In no event shall
CONSULTANT be paid for design work or change order preparation
which is necessary because of conSULTAN-T's erro!"s or oversight-so
7.1. 4 Calculation of ___ J~_ll.~ct Persorlne.l EKPen5e~
Direct personnel expense of employees engaged on the Project by
CONSULTANT includes the work of architects, engineers, designers,
job captains, draftspersons, specification writers and tj~ists, in
conSUltation, research and design, in producing dra ... ·ings, specifi-
cations and other documents pertaining to the Project. Included in
the cost of direct personnel expense of these employees are
salaries and mandatory and customary beneti ts such as statutory
employee benefits, insurance, sick leave, holidays and vacations,
pensions and similar bsnefits.
7.1. 5 Eeirnbursable .l::2iEenses. Reimbursable
Expenses are in addition to the compensation for Basic and
Additional services and ir.clude actual expenditures made by
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CONSULTANT, its e~ployees, or its professional consultants in the
interest of the Project for expenses listed in the following
paraqraphs~
(a) Travel expense from the Concord
office to Palo Alto.
(b) Expense of reproduction, graphics,
postage and handling cf dra ... ings and specifications, except for
those required to be furnished by CONSULTANT in section 4 and for
use jn CONSULTANT's office.
7.2 PA\~NT S~HEDULE
1 .. 2.1 For Basic service..§.. Payments for Basic
Services shall be made monthly in progress payments in proportion
to services performed for each stage. Final progress paYll'ent shall
be made by CITY after CONSULTANT has submitted all required Record
vr2: .... i:1qs and specifications ..
7.2.2 For Ad_~itional Service~. Payments for
Additional Services of CONSULTANT as defined in Section 4 shall be
made as part of the monthly progress payments for services
rendered.
7.2.3 For Reimbursabl.e ~xpenses ~ Payment;;; for
Rei~~ursable Expenses of CONSULTANT shall be made as part of the
monthly progress paj~ents for services ren~ered.
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7.2.4 peductions. No deductions shall be made
from CONSULTAN~'S compensation en account of penalty, liquidated
damages, or other sums wit~~eld from pa}~ents to contractors.
7.2.5 Payment Upon S .... spension or Aban.donn',--~nt of
project. If the Project is suspended for more than three months or
abandoned in 'Whole or in part, CO~lSULTANT shall be paid its
compensation for services performed prior to receipt of written
notice from CITY of such suspension or abandonment, togethe~ with
additional and reimbursable expenses then due. If the Project is
resumed after being suspended for more t,han ninety (90) day::;., any
change in CONSULTANT's compensation shall be subject to renegotia-
tion and, if necessary, approval by the Palo Al to City Coun<::il. If
this Aqree~ent is suspended cr terminated for f~ult of CONSULTANT~
CITY shall be obligated to co:npens.ate CONSULTANT only for that
portion of CONSULTANT's services which are of benefit to CITY.
SECTION 8 -PROGRESS AND COMPLETION
8.1 TIME IS Of THE ESSENCE
It is understood and agreed that time is of the essence
of this AgreelOent. and t.he Pr.el iminary Phase: of t.he "Work. shall
start immediate-.l), upon receipt l,:!y CONSULTAh""!' of net ice. to proceed.
Work on each successive phase of service as specified in Section <\
of this Agreement shall proceed sequentially Py stages and phases
upon written notification and, until such notification. COnSULTANT
shall not proceed with any subsequent item of service.
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8.2 TIME o~ COMPLETIO~ OF EACH PHASE
CONSDLTANT agrees to perfcrm the phased services ..... ithin
the time limits set forth in Exhibit -AW provided, hoyever, that
any change in the scope of services may require a revised time
table.
CITY agrees to exercise due diligence in performing its
tasks to imp1ement CONSULTANT's time table provided under Exhibit
a ~3 CITY'S REVIEW MD APPROVAL
Bet .... een each phase of -work there is a review and approval
period by crT~~ CITY .... i11 exercise due diligence to complete these
tasks; however, it is recognized that the interrelated eXChange of
information among CITY IS various departments makes it impossible to
set a specific time schedule~ Normally, CITY's estimated period of
review and approval will be furnished t·;) CONSUL'!"AN1' at the time of
submission of each phase of the .... 'ork.
a.4 ~_XTENSIQN OF TI~..E OF COMPLETION
In the event the services called for under this Agre~ment
are not completed by CONSULTANT ... ithin the time specified. CITY
shall have the option to extend the time of completion. This
paragraph does not preclude the recovcry of damages for delay of
e.ither party.
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SECnON 9 -CHA1'-GES~-.I1L!iQBl\
CITY may order major changes in scope or character of
work, either decreasing or increasing the amount of CONSUL~ANT'S
services. In the event that such changes are ordered, CONSULTANT
$hall be entitled to full compensation for all worK performed prior
to receipt of notice of change~ Increased corr.pensation for major
changes shall be determined in accordance with Section 7 of the
Agre2ment, hut in no event shall CITY be liable for payment unless
the amount of such extra compensation shall first have been agreed
to in writing by CrTY~
In the event that major changes are ordered pursuant to
this section, the schedule for progress and completion in Section
8 o~ this Agreement and compensa--:ion under Section 7 of this
Agreement l shall be adjusted by negotiation between CONSULTANT and
CITY, subject to approval, if necessary~ by the City Council.
~;rION 10 -TERMIN:\.LI.9N oR SUS?E'NSIQN OF AGREEMEliI
CONSULTANT may terminate this Agreement or suspend work
on the Project upon thirty PO} days' w-ritten notice to CITY. but
only in the event of substantial failure of performance by CiTY or
in the event CITY ab~ndons or indefinitely postpones the Project.
10.2 CANCELLATION BY CITY
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'Without 1 imitation to s'.Jch rights or remedies as CITY
shall otherwise have by law, CITY shall have the right to terminate
this Agreement or suspend work on the Project for any reason, upon
i"ifteen (15) days I 1II'ritten notice to CONSULTANT, or immediately
a.fter submission to CITY by CONSULTANT of any completed item of
service specified in Sectiot'! 4: of this Agreement. CONSULTAN'r
aq~ees to cease all ~ork under this Agreement upon receipt of said
written notice.
10 ~ 3 QQMPENSJ.IION p-..r .. CQNSULT1..NT I~ THE E'VEfIT OF TERMINA
TION OF THIS AGREEMENT
In the event of termination of this Agreement or
suspe,nsion of ,",ork on the Project by edther CITY or CONSULTANT,
CONSULTAN'f shall receive co-rnpensation a3 fOllows:
~a) For approved items cf service under
Section ( of this Agreement, compensa~icn shall be in the amount
outlined under Section 7 of this Agreement for the items of s;erv'ice
fully performed by CONSULT~.
(b) For ite.ms of se.rvice on whi('!l a
notice to proceed has been issued Py CITY, but ~hich have not been
f~lly completed and approved, CONSULTANT shall be compensated for
said service in an arn~unt .hich bears the same ratio to the total
fee other.ise payable for the performance of said s;ervice as the
service actually rendered bears to the total service necessary for
the full performance of said item of service.
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(e) In no event sr.all the total compc!lsa-
tion paid in the immediately preceding paragraphs exceed the
paymer.t specified in Section' for the respective items of service
to be furnished by CONSULTANT.
(d) Not.,ithstanding anything in the
precedi.ng paragraphs, upon termination for fault of CONSULTANT,
CITY shall be obligated to pay far only that portion of the service
~hich can be incorporated in the project.
10.4 DUTIES OF CITX _____ ~ .. Q_J;ONSULTANT
Upon termination of this Agreement or suspension of ~crk
on the Project by either CITY or CONSULTANT, all duties of CITY and
CONSULTANT, as set forth in Sections" and 5 hereinabove, shall
tenninate.
SECTION 11 -____ CONSULTANT'S ACCOUNTING REc;oR~
Records of the follo,,",ing expe::1ses pertaining to the
Project shall be kept by CONSULTANT in accordance ~ith generally
accepted accounting principles and shall be available to CITY at
mutually convenient times:
fa) Direct personnel expenses, including
consultant expenses. (See Section 7 of this Agreement.)
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(L) Reil'Jl:)ursable expenses. (See Section
7 of this Agreement) •
Services.
(c) Expenses pertaining to Additional
(See Section 7 of this Agreement.)
SECTION 12 -OWNERSHIP OF DOCUMENTS
12.1 Subject to ~;e provisions of paragraph 12.2 beIov,
the original drawings, maps, pla~s, designs, records of survey,
work data, specifications, anj other documents prepared by
CONSUI,TANT in the perforTIance of this Agreement, although instru-
ments of professional service, are and shall be the property of
CITY vhether the'~ork for ~hich they are made is performed or not.
12~2 upon termination under Section 10 of this Agreement
and upon CITY's payment of the amount required to be paid under
same section, the originals and all dra~inqs, calculations,
specifications and similar documents become the property of CITY,
and CONSULTANT shall trarlsfer them to CITY upon request vithout
additional compensation. CITY shall have the right to utilize any
completea or uncompleted drawings, estimates, specifications, and
other documents prepared hereunder by CONSULTANT; ho~ever, CIT~
shall indemnify CONSULTANT against any loss which may be caused to
CONSULTANT' by such use and reuse.
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~.CTIQN ).1 -INTEREST OF COJ,J.$ULTANT i CONSUL'I'~..}.T.:r.....JNDEPEN
DENT Of CITX-
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In accepting this l.greernent., CONS'JLTANT covenants that it
presently has no interest, and shall not acquire any interest,
direct or indirect, financial or otherwise, ~hich would c~nflict in
any manner or degree 'ill'ith the pe,rforma:"'!:ce of the services hereun
der. CONSULTANT further covenants that., in the performance v"f this
Agreement, no subcontractor or person havin-;) such an interest shall
be EIOlployed. CONSULTANT certi.fies that no one 'Who has 0: ,,'111 have
any financial interest under this Agreement is an officer or
employee of CIT1.
It is expressly agreed that in the performance of the
profes~ional services required under this Agreement CONSULTANT~ and
any of its subconsul tants or employees, shall at all times be
considered independent contractors and not agents or employees of
CITY.
SECTION 14_-OUTSIDE CONSULTANTS
CONSULTANT shall be responsible for employing all ou.tside
consultants (subconsultants) neces:::;;ary to aid CONSULTAl.JT in the
performance of the services listed in Section .. of this Agree:rnent:
provided, however, that all such subconsultants shall receive prior
approval of CITY in writing and shall remain acceptable to CITY
during the term of this Agreement.
SECTION 15 -INDEMNIT~
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CONSULTANT agrees to indemnify, detand and hold harmle3S
CITY, its officers, agents, and employees fro~ any and all claims,
demands or liability of any nature, including death or injury to
any person, property damage or any 1055, caused by or arising out
of CONSULTAN'T' $, its officers', agents I , subconsul tants' or
employees' negligent acts, errors or omissions, or willful miscon-
duct, or conduct for '~hich the laW' imposes strict liability on
CONSULT~~T in performance or failure to perform this Agreement.
SECTION 16 -INS~~CE
16.1.1 CONSULTANT, at its sole cost and e~ense,
shall obtain and maintain in full force and effect t.hz:-oughout the
entire term of this Agreement the insurance coverage, insuring not
only CONSULTANT, but: also { ... ·ith the exception of 'W'orKers I compensa-
tion, employer's liability insurance and professional liability
insurance) I CITY J its officers, age~ts, and employees~ and each of
than but only in regard to this Project as sho1JJ1 in Exhibit "e" to
this Agreement, which is attached hereto and made a part hereof by
this referencer
lEi.!. :2 Certificates of such insurance, preferably
on the forms provided by CITY, shall be filed ~ith CITY concurrent-
ly with the exe~ution cf this Agreement or; vith CITY's ~itten
approval, within ten !10) days thereafter. Said certificates shall
be subject to the approval of the Risk Manager and shall contain an
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endorsement statinq that said insurance is p~i~ary coverage and
will not be cancelled or altered by the insurer ~ithout thirty (30)
days prio.t' written notice to CITY of such cancellation or altera
tion, and that the city of Palo Alto is na~ed as an additional
insured (except in policies of professional liability ins~rance)~
CUrrent certificates of such insurance shall be kept on file at all
times during the ter~ of this Agreement ~ith the City Clerk.
16.2 CCRRECTION __ ~ __ AJ.ry ERRORS, OMISSIO~_=i~_I2.~BIGU
ITIES IS CONTRACT OO~_NTS
Any errors. omissions. or ambiguities in the contract
dOCil1'lents prepared by CONSULTJ...NT .... hich are discovered before the
Project is out for bid shall be corrected by CONSULTANT without
cost to CITY. CONSULTA1<.'"T ser .... ices required to make changes in
construction resulting from errors, omissions, or ambiguities in
the contract documents ~hich are discovered after the contract is
awarded shall be performed by CONSULTAN'l' without cost to CITY only
insofar as they result in unnecessaI1' or n.:m-·beneficial changes in
construction. CO!l"SUL'l'ANT services required to make changes in
construction resulting from errors, omissions, or ambiguities in
L~e contract documents 'Which are discovered after the contr~ct is
awarded shall be performed by CONSULTANT and shall be paid for hy
CITY only insofar as they add ~ benefit to the construction 'Work.
SECTION 17 -'WORKERS I COMP..ENSl'-]'.10N
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CONSULTA..J.JT certifies that it is a\o'are of the provisions
of the Labor Code of the State of California "'~hich reqo.lire every
employer to be insured against liability for workers' compensation
or to undertake self-insurance in accordance ~ith the provisions of
that Code, and it certifies that it "'ill comply with such provi
sions before commencing the performance of the 'Work of this
~.qreement.
~CTrDN 18 -AUDITS
CONSULT.P-.NT agrees to permit CITY to audit, at any
reasonable time during the term of this Agr-eement and for three (3)
years thereaft.er, CONSULTANT I 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
A9reement~
The terms, covenarlts, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors. executors,
administrators, assigns, and subcontractors of both parties.
~!QIi ;20 -NONASS.:z:GIiABILlTY
20.1 PERSONA.L SERVICES OF CONSULTANT
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Both parties hereto recognize that this Agreement is for
the personal sE:rvices of CONStiLTAN'T and carmot be transterreJ,
assigned, or subcontracted by CONSULTANT without the prior written
consent of CITY~
20~2 SERVICES OF SUBCONSULTANTS AND THEIR EMPLOYEES
CONSULTANT shall be responsible for employing or engaging
all persons necessary to perform the s~rvices of CONSULT~VT
hereunder. No subconsultant of CONSULTANT will be recognized by
CITY as such; rather, all subconsultants are deemed to be emplcyees
of CONSULTANT, and it 3grees to be resyonsible for their perform-
ance. CONSULTANT shall give its personal attention to the
fulfillment of the proviSions of this Agreement by all of its
employees and subconsultants, if any, and shall keep the work under
its control. If any employee or subconsultant of CONSULTAN1' tails
or r€rUses to carry out the provisions of this Agreement or appears
to be incompetent or to act in a disorderly or improper manner, he
or she shall be discharged immediately from the work under this
Agreement on demand of CITY.
=ULTANT
It is mutually understood and agreed by and bet~een the
parties hereto that CONSt~LTANT is skilled in the professional
callinq necessary to perform the ~ork agrEed to be done hereunder
and that CITY relies upon the skill of CONSULTANT to do and perform
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the work in the most skillful manner l and CONSULTANT agrees to thus
perform the work. The acceptance of CONSULTI.JtIT's work by CITY does
not operate as a release cf CONSULTANT from said obligation.
~CTI0N 22 -NO !MrLIED ~AlVER
No payment, partial payment, acceptance or partial
acceptance by CITY shall operate as a waiver on the part of CIrY of
any of its rights under this Agreement.
S£OC'rlON 23 -WAn~
The vaiver by either party of any breach or violation of
a..""'lY term, covenant, or comb tion of this Agreement or of any
provisions of any ordinance or law shall not be dee!lled to be a
waiver of such term, covenant, condition, ordinance or law or ot
any subsequent breach or violation of the same or of any other
term, covenant, condition, crdinance or law~ The SUbsequent
acceptance by either party of any fee or other money 'Which :may
become due hereunder shall ne,t be deemed to be a vaiver of any
preceding breach or violation by the other party of any term~
covenant I or condition of this Agreement or of any applicable law
or ordlnance~
~ON 24 -COSTS AND AT'rOP.N.EYS' FEES
The prevailing porty in any action brought to enf~rce the
terms of this Agreelllent or arising out of thi5 Agreement may
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recover from the other party its reasonable costs and ~ttorneys'
fees expanded in connection with such an action4
SECTION 25 -Nm;OISCISJMINATIONj PENALTY
25.1 Dl'T'-91 CONSULTANT
No discrimination shall be made in tile employtllent of
persons under this Agreeme~t because of the race, color, national
origin, ancestry, religion or sex of such person. If the value of
this Agreement is, or may be, Five Thousand Dollars ($5,000) or
more, CONSULTANT agrees to meet all requirements of the Palo Alto
Municipal Code pertaining to nondiscrimination in emp1 o:t-ment,
including completing th~ ~Compliance Report--Nondiscrimination
Provisions of City of Palo .J.lto Contra.cts" on the form furnished by
CITY and attached hereto as Exhibit ftD" and made a part h~reof by
this reference.
25~~ PENALTY FOR crSCRIMINATION
If CONSULTANT is found in violation of the nondiscrimina-
tion provisions of the state of california Fair F!['lployment
Practices Act or similar provisions of federal 1a...., or executive
order in the performance of t.his Agreement, it shall thereby be
found in material breach of this Agreement. Thereupon, CITY shall
have the power to cancel or suspend this Agreement, in ....,hole or in
part, or to deduct from the amount payable to CO~SULTANT the sum of
Twenty-five Dollars ($25J for each per'3on for ea;ch calendar day
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durinq which such perso~ was discriminoted against, as damaq~s for
said breach of contract, or both. Only a finding of the state of
Calif~rnia Fair Emplcymcnt P~actices Commission or the equivalent
fed~ral agency or officer shall constitute evidence of a violation
of con~ract under this section~
If CONSULT"AlIT" is found in violation of the nondiscrimina
tion provision of this Agreement or the appl iC.:lble affirmative
action guidelines pertaining to this Agreement, CONSULTANT shall be
found in material breach of this Agreement. Thereupon CIT 11" shall
have the po~er to cancel or suspenn this Agreement, in whole or in
part, or to deduct from the amount payable to CO~SULTANT the sum of
Two Hundred Fifty Dollars ($250) for each calendar day curing which
CONSULTANT is found to have been in such noncompliance as damages
for said breach of contract, or both.
SECTION 26 -hRBJTRATION
upon agreement of the parties any controversy or claim
arising oot of or relatil"lq to this Agreement may be settled by
arbitration in accordance with the Rules of the American Arbitra
tion Association, and judgment upon the award rendered by the
arbitrators may be entered in any e,;.urt having jurisdiction
thereof ..
SECTION 27 -NOTICES
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All notices }-,ereunder shall be given in writing and
mailed, postaqe prepaid, by certified mail, addressed as follo~s:
To CITY: Office of the City Clerk
250 Hamilton AVenue
Palo Alto, California 94301
To CONSU LT ANT : Attention of the PROJECT ENGINEER
at the address of CONTRACTOR recited
above
SECTION 28 -ALL COVENANTS ARE CONDITIO!-:S
All provisions of this Agreement are e>::pressly made
conditions~
SECTION 29 -l\GREEMENT CONTAINS ALI.] lJI'lDERSTANDINGS
AMENDMENT
This document represe.!lt.s the entire and integrated
aqreemer,t bet'Ween CITY and CONSULTANT and Soupersedes all prior
negotiations, representations, and agreements, either Yritten or
oral.
This document may be amended only by 'Written instrument~
signed by both CITY:" and CONSULTANT~
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This Agreement shall be governed by the laws of the st_ate
of Cal ifoz:nia.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed
this Agreement the day and year first aboY2 'Written.
A'nEST'
City Clerk
APPROVED AS TO FORM,
Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Finance
Director of Public Works
Risk Manager
APPROv"'ED AS TO CONTEN r:
Attachments:
EXHIBIT "A-:
EXHIBIT liB":
EXHI!!IT "e":
EXHIBIT liD"':
CITY OF PAW ALTO
Mayor
SCHIRMER ENGINEERING CORPORATION
Ey: --t:v.. / c::. :¢
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Its: W=<,) h..,.A/ tf<;p"' .... r'*"'~ __ ~
Taxpayer Identification No.
SCOPE OF WOR}(
STANDARD FEE SCHEDULE
INSURA.-~CE
NONDISCRIMINATION COMPLIANCE FORM
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Exhibit A -Scope of Work.
Consultant shall provide a full bid package for a fire sprinkler
and alar. system at the civic Center~ This design shall
incorporate the eXisting system vith the new to meet a11 applicable
codes and standards. This work shall be completed in three (3)
phases o·'er-a fOl..i.r month period beginning with notice to proceed~
consultant sha1l survey the building and provide a ~ritten report
of their findings along with options for installation of the
sprinkler system and .fire alarm syst-em. This rep<:lrt itrill also
address emergency power requirements, fire pump type and location,
fire e~~inquisher locations, an extinguishing system for the 2nd
floor computer room and supply requirements.
Preliminary/conceptual sketches for the system will also be
provided at this time. Consultant shall meet with the City to
discuss the report and assist the City in selecting the approach
and scope of work to be pursued.
Once city has selected the scope of ".oIork to be developed,. the
consultant shall progress to the design development phase. Under
this phase of 'Work, Consultant shall develop tha construction
dra'Wings, preliminary sp,=,cifications, preliminary calculations,. and
(:ost estimates, and shall submit them to city ft;)r review. The
consultant shall assist City in arranging for any necessary testinq
(water flow, x-ray. etc.) during this phase.
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During the Final Developoent Ph~se, Consultant shall cCIl!lplete the
drawings to show sprinkler locations, all piping, and diameter of
pipes, pipe routing, seismic bracing, all alarm system cooponents,
devices, and conduit routing, location of th~ fire pump, fire pump
enclosure, all piping and conduit to fire pump, and any necessary
electrical drawings. conslll t~nt shall complete the technical
specifications in CSI format .. -i th bid pages provided by the City,
and complete all hydraulic calculations. Consultant shall provide
drawings to submit tor a building permit and shall make
clarifications a::1d changes to the design package as required during
the permit process.
Consultant shall provide one set of all drawings, reports, etc. at
each review phase throughout t.he prcj ect. Consultant shall provide
3 sets for pe~it process. Consultant shall provide one set of
£inal reproducible d~awings ~nd specifications cpon buildin9
department·s approval of plans.
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~bit -B--_Standard fee Schedule.
All work detailed under Exhibit -A-Scope of work shall be
completed fer a lump sum of $30, ODD. Costs for a"y additional
~e~roduction will be reimbursable above the contract a~ount at cost
plus 10%.
Travel expense (milage) will be paid at $.275 /mile.
If any additional work is required, and City agrees thereto in
~Titinq, it ~ill be paid at the following rates.
Project Manager $1l5/hr
Senior En9ineer $ 90jhr
Engineer $ 78/hr
Draftsperson $ 43/hr
construction adnini~tration ~ork ~ill be re~ired in F~ 92-93, and
the fee for such work .,il1 be negot"iated at that ti:rne.
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CO~T • .AC'" CO.() RDINATOR xs. ~aren smi~ "~~~~~--~----~--· t== Autonoatie stam .t CC03
CONTRAOroAS 10 1'H.E ctrt OF PAJ..O AlJtl ,lq"THaR 6OL.f EXP~sE. SKAU. 03TA:N AND loW!'. TAJ~~ INSU~A.\iCE FOR. THE T",RM
OF THE 00NTR.AC1: CONiRAClOFtS Wilt BE REOUIAEO 10 PRo..'lDE is. CEFIT~9CA"TE E" w1 DEN;:rr-:G THE INSU I=l.A NeE AI~D NAM1NG
THE erN A/j Ni AOO'TIONAl. !NSUREIl
Tr-lE" CERJ"lACA'l'"E CElI'lSI,...'RANCE MUST BE OOMPLE'TED mo :::xECV'TED SY AI''': ,wTHC".ulED I:I.EPRESEr-r.AnVE OF THE OOMPAr>.'Y
PROVIDING INSURAt-ICE. F1LEO WrTH THE OITY. Aim APf'AOV:;O BY THE: CiTY'S R!3~ MA~ER eEroRE frfE co:~ WI:..!.
BE CONSIDERED COMP .... ETE AS RESPECTS INSURANCE.
TH1S INSTRUCTION SHEET SHO'JLO Be-GIVEN ID -roU=l I'JSlJRANCE AGHHtt;ROKER WJTH THE P.=oUIFl[D CER'rlnCAJ"E FOBM..
Fl:ETUl=l:to' THIi: COM.PLETED camfC'..Tf 'PO THE con OF PALO &10 CONTRACLI~3 :)EPAR':"MEN'T.
~E UtSUAANCE. COYEfWlE.S CHEC'Kt:D SEl.Q¥.: APtE. ItEOUU\EO FOA. tH($ CO~
CO~I$JV:! ~.q UI'\!i~JTY ~ 900r~ N.Jl.lRY
• PEfl50."t1oL IM..IJRY "F\OPERl'Y c.u.tAG~
• BRC)d.C ~ PF\CF'ERn' ZlAMAGE
~!"REI-tDdii1VE" AltTOKOBll..!!
\.I1UI1UTl' lIf~D~G;
• "".ce"
• ~tF!S)
,~,
Pft~ UAa~rTY"'~WjC::
~ EJtII.Oft9 .vro O!\IIISSION$
• MAJ..PNtCTiCi tp" 4PPUCAS"...e)
~ NEGUGENT "eFOfU,(ANCE
I •
.... ~ C't)I Col' Pak;I A.hJ. 1'bI cm~~ ~,n~ aM """P~ ~ l1amed" ad~t'O<>aJ I~l:~, :b .. ~ n:'t ~ ~ w"riP; p"c!;:rm I~ ,"':l~ ocrrt"!!.a.SaJd <=1iI"~"
G III h Cfty ~ PUl Altti. etc., sN.'1.t1e p1mary ~ ~1toO&II Q(I$« IIII"rlii OW"s III~H: ~ng II'ISL!l'M~ e~d 4/:) Q/.:IQr inHtT;ln::e ~ toy file Crty 't9in& ~. ~ Cl1l'f-
a .....,..,. "VIOrkl~il'adif9,~, ~ns.: drilinWl,tlI' oIhef untJoe'ifWl1d woil, th. p()I"lC)"l"Idu:!'a: ~~~6Qo, 01 \O'i~ eondl,/r..s.. JlTjlli$. tl1~~
~ IIt'Mtl Qmbf prapert)' Of iI~ .apparillU$ C\ O:"Ute::tl~ 1!'Ie~ btltww lh!' s:.r!!aI' aI ~ !7C1\1l'1(l ~\:~ ~tt ~ :I"Jrr:! parrle!ll m 111. C~l! 01' PaTr;, A't=.
e. ~ h wart 1nvOl'M~ . .cchp!;t ~ II pr'CViIW:I " tt18 a.'nCur"~' ~ .
D. The-poky Inc:tudas • "So..rUIUty aI trtQ;r.IoSf' l'r0-":3101\.
l. Ded~ aN 15,000.060 tnU.II' !:II;'ir1dT.c.a1ed and 1111 ~e-d: ID..,.,~
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F ... 'PJdI poid .... c~'IQd.or c.'\ar.!;}&:! CJri~ 1M f'II!fIO(I of ~'" U !llrtJ!d Mer!!!.., 11'1 II\.Idll m;/lr'¥ as ~ a~~ !hit CeftjflCll!& ttllltt ['ltlj ~~jt
~ ~ w:J b4I rr.elltci "U1. 001)' d F"aJ, 1\ltQ, Ri::stl. ManlgeL Fn &oJ, 'C25ll. PIlle ~ CU!,gm.a 9<lJ03.
G Th, r~ Im'ol1llllce por.cy inebc!~ ~ 1:011~ 11abrl1y .,ocn.w.~.l9fC'lid1ng IIlsur&r>e:a CC'VIIl'lge 'for COr;trL--t.o.-·~ I!~~wm~ Ie Tl1dQrrnt, '!he Cltr.
Ii. "The ~ albrdIod lrI.der!hl pcflCi.., ill ~ Kl all ~ Iarn'IJ d,.. poI'ic,e~ <t~~~1e:l tH:'rci~ and m'e-a d lttt" pro..~icr.ll t;:e,nIlOCi boo tlrre'vl,
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CITY of PALO ALTO
EXhibif
() D
PART II -NeTIC! I~~ITING SEALED PROFOS~LS
~_ERTlFICA TION of NON-Dls.cRIMJNA nON
~s proposer of goods cr services to the City of Palo Alto, the firm
listed below certifie:s that it does not discri1ninate in its
Emplcyment ..,dt3 regards to race, religion, creed or national
origin; that it is in ccmplianc~ ... ith all Federal, State and l,~cal
directives and exec-utive orders rega:rding non-discri.mination in
elnploy:::cer.tj and that it agrees to ce::::.cnstrate F,csitbtely and
agg:!"essively tn,=-principle of equal opportunity in e:nplo.l"1:l.ent.
The CONS~~T~~T agrees 5?e~ifically!
1. To esta~lish or observe e:nplCi":iL2:nt pclici<:!s .':-.ich affirma
tively promote opportunities fer m':nority persons at all job
levels.
2. To cc·,n:mu:'.icate this !='clicy to all pe::.-scr:s ccncerr • .e:d,
incl'j.ding all company e::;:p;'crees~ c'.;tsice recruiti:l:g' s-E:rvices,
e.oopecially those serving "tni.no.=-it::{ com:nu.nitie.s, a:-:td to the
minority co~~unitie$ at large~
J. To take affirmativE: s~eps t,:j hire :minority e:!ployees
within the cc~pany.
Please include a:;.y addi info::--.:o:atic!"l 2vai1301e r€ga.!"ding equal
oppcrtunity employ::.ent progr2:-.s n:l"," L; e!fe-::t .. ·ithin jr.::n.l.r cQ:Jjpany.
Note: Dependir.g UFon project~ acditional fDntlS foc Affirmative
Action or related re~irements may be requcstad.
~ .... 10.11"'.
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SCMI"~ER EN~I"'H.,",lfO~ Co.:l"O~"::-'O""
~12S CL""''!"O''l--C'':
CONCC~D c ... rIrO""". 9452C-ZIC'"
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July Jo, 1991
.Mr. Ken M. Haskins
City of Palo Alto
Purch:1SingJConu3ct Adminjstr2tion
Cr..ic Center, First J-loor
250 Hanilltoc A\lenue
p.o. 80. J 0250
Palo Alto, CA 94303
Re: Contract Negotiation Meeting July 8, J991
Design Services -CCOB
SEC Propo.al No. 3108S
Dear Y.r. Ha.;kiru:
"-•
F ~E P~:'T~:::no'" ~"'C·"'U~S
5",-:-£':", £'II'::',":E'~S
C O'J E 'C,:,t; 50:.! L .,,'" ':"S
---
This letter will confirm our Jury 8, 1991 contract negotiation meeting.
The following items were agreed 10:
1. The City of Palo Alto "ill provide Schinner En~""eering Corporation (SEC) ,.ith
architectural background dra\O\1ngs that accurately indicate all interior waIls of the
building.
2. SEC 'W'ill be awarded a Construction Services. A.greemer;.t at a later date, addit!o[.a1
fee to be negotiated. ....
3. SEC will complete the first Li.ree phases of the COl1!jact for a rued fee of S.30,OOO.OO
plus reimbursable expenses.
44 ReEmbursable c).pen.<>es \Ioil} be as fClllow.'io:
a.
b.
c.
Blueprints OT reproduClble dra\lo'ings excluding one set of originals a! cost
Mlleage at S35 per mIle.
Other mi:.ceHa'!1eOllS expenses to be appro\o'ed by your office.
5. SEC will complete the design drawlng.. .. wi~hin five (5) mon~hs after award of the
contract
6. SEC "''ill s~gn a contract clOC.lmenl prepared by the City of Palo Aha after SEes
review of this document
7. PJea."e ilDle Attachmem :-';0. 1, Revised ProfeSSional Fees.
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Mr. Ken M. Haskins 2 July 10, 1991
We are looking forward to the sta.'"t of this project. Ple,_", conta,~ us if additional
information is requlred.
Very truly yours,
SChiRMER El"Gll'<'F.ERL"G CORPOR~ nON
Mark L Rochholz
co: Karen Smith, City of Palo Alto
Calvin T. Olran, City of Palo Alto
Warde P. ComeaU>, SEC
Fred Stumpp, SEC
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PROFESSIONAL FEES
II. DWgn Development Ph ...
m Filla! Oevel~ !'base
Total Fee Pbascll, n and ill
KlW:
$l15fHr·
S 9OfHr.
S 78/H!.
S 43/Hr.
S 5,000.00
10,000.00
1500000
$30,000.00
n... above f ••• tnK:lUfo for Phases ~ D and ill is • fixed fe e. Reimbursat>J 0 e:rpe~1 "'"
in addition 10 the .~
The Bid Award IUJd Col1ltruaiOD !'base IV -To be Degotiated at • later date.
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