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HomeMy WebLinkAbout0341.094Juno 23, 1994 THe HONORABLE CITY COUNCIl, Palo Alto, calitol'nia f" \ .... : .. .P.P11l:~ULqfS_9A!~tkJl,A!2,lk~lfan&gement corp=t;ion to s;'UA.!.:_~l{lli!L.nd CaU ___ U.lLll:2I!L~~ Bpace LOkeS -CI!'.-»~ H~mb6rs of the council: 'illie t'(lpot't 011 the Open Spaco Lakes Vegetation Clearing project recon~ends that council approve and authorize the Mayor to execute the attaf..~hed contract wit.h Aquatic Habitat Management corporation in the anount of ~el, 5501. During the drought. becauso of low water, pond weed and· cattail plants becl'Jf\e established in areas of Boronda Lake where they norn~lly could not grow. consequently, park visitors cannot fish Ol" boat ill !'Ouch of tho lake, The State Division of Safety of Dams also xequires the removal of cattails from the dam because their roots can weakon its structure. Pond weed can also clog the motor of thp. lakots reScue boat, Bomctiroes making it inoperable. cattails also noed to be removed from areas of the Arastradero Pres.ot .... e t..ake to provide access for persons fishing. Rernovin9 ca-ttails .and roots, in combil1ation with keepin9 the lakes full of water, ... ill' p)."Qvent regrowth in the deeper areas of both lakes fo~ three to'five years. Pond weed will begin to regrow in two years. Monay will be requested in future open space operating bud98t~ for mowing reqrowth of both plants~ CgntuQ!J.!lAL'LU9£!J!.! The ~ward of the contract is exempt from the competitive bidding requ1re~~nts of the Palo ~lto Municipal Code, under section 2.30.140 {a) (1) and (3) of the code, because the work is a speciali,zed service and can be done only by a single patented process. Funds are available for the contract in r'Y 1994-95 Capital Improvement Program, CIP No, 19507, CMR:341,94 L o This projoct is categorically eXl!l!Ipt from the Environm9nt~1 Quality Act (CEQA) under aaction 15301 guidelinos, RoooY B ndo.tJ.2n Califo:rnia of the CEQA. Staff raconnends that Council approve Bod authorize tho MAyor to execute the attaclll9.d contr-.act with Aquatic Habitat Management Corporation in the 1\l:'lount of $81,551. . Resp.ectCully 6ubr.litt~d • . /)JI{r1)Jj;!;/lI.I/,/, Dan Willial'ls Director or Racrc~tion~ Open Spac~ and Scl~nce ---~ J~-' . ---r~~-f-~- Palll 'fhl1tqon Director of Conrr.unity SOl"vices J~~~ c*;~anaCJer Attachment: Contract CMR: 341: 94 2 A G R' ILl!. .MJ..1L! BB'l'WBEll Tm! CITY OF PALO ALTO AND AQOATIC HABITAT MANAGKMRNT CORPORATION FOR OPEl! SI'ACE LUBS VBGBTATIOI! CX-BARING SERVICES THIS AGREEMENT is made and entered into this ___ day of , 1994, by and between the CITY OF PALO ALTO, a=---=mC"u"n"i"'c"'i'p=a'1""'c"o,crp=o=r""a7tioll of California .. hereinafter refel.Ted to as 'CITY.' and AQUATIC HABITAT MAN~GBMENT CORPORATION (Taxpayer IdEmtifiC'ation Number 3824(2640). a CallfoJ:nia CQrporation, with of-fice's at:. 2150 Franklin Canyon Road, Martinez, california 94553, hereinafter referred to as ·CONTRACTOR-; WIT NilS S JL.'Lll. WHBREAS, CITY desires certain services, 1nch~dlng vegetation clearing at CITY' B Boronda and Arastra.dero Lakes; ami WHERB'AS, CITY desires to engage CONTRACTOR to providE" these servir.es by reason of its qualifications and e>;perience tOt" performing such setvices, and CONTRACTOR ha,s offered to provide.' tile required services on the terms and in the manner g'et forth hereini NOW, THERBFORB, in consideration of their mutual covenants/ the parties hereto agree as follows: £ECTION 1.' DEFINITlQNii 1.1 QJX ,The tenn "CITY· shall mean the City of Palo Alto, California. 1.2 CrT'i MANAGRR The tenn ·City ~~nagcrJl shall mean the duly appointed City Manager of the City of Palo Alto, California l or his or her deSignatEd representative. 1. 3 CITY CLERK The term "City Clerk-shall mean the duly appointed City Clerk of the City of Palo Alto, California, or his or het' designated representative. 1.4 RISK ~ The term "'Risk Manager" shall mean the dllly appointed Risk Manager of the City of Palo Alto, California, or his or he).' deSignated representative. 1 , ;>.,;'" I, ' , ::.:;. ;.: ." , < -'.)".-" ':'-'. o o 1.5 PROJECT The term ·Project'" shall mean the services described in Bxhibit. "A·, 'entitled "Scope of SeLvices, II attach€d hereto and made a part hereof bi this refel."ence, ~~PROJECT CQQBQlNATION 2.1 UTI The City f.fanager shall be representative of CITY for all purposes under this Agreement. Lester Hodgins, Senior Ranger .. is designated as the Project Manager for the City Manager, and he shall supervise the progress and execution of this Agrsement, and shall be assisted by Curt Dunn, Park Ranger. 2 • 2 comRAC"fQR CO~"TRACTOR shall assign a single Proj ect Director to have overall responsibility for the progress and execution of this Agreement for CONTRAC1"OR. David 11cNabb hereby is designated as the Project Director for CONTRACTOR. Should cil."cW'tlstances or conditions subsequent to the execution of this Agreement require a substitute Project Director for any reason, the Project Director designee shall be subject to the prior written approval of the proj ect Manager. SECTION 3 . DUTIES OF CONTRIICTQR 3 • 1 lillli'l!QL"-~ro BE F~.NISl\lill CONTRACTOR shall providE'. all specified services as set forth in Exhibit A. 3 . 2 l.J\WS TO BE OBS 8& VED CONTRACTOR s ha 11 : 3.2.1 Procure all permits and licenses, pay all charges and fees, and give all notices,which may be ne~essar.y and incident'to the due and. lawful 'prosecution of the services to be performed by CONTRACTOR under this Agreement; 3.2.2 Keep itself fully informed of all existing and fulure federal, state, and local laws, ordinances, regulations, ordel'"s, and decrees which may affect those engaged or employed under this Agreement r any materials used in CONTRACTOR's performance under this Agreement" or the performance of the services under this Agreement; 3.2.3 At all times observe and comply with, and cause all of its subcontractors and employees, if any. to obsel.ve and comply with, the laws, ordinances, regulations .. orders and decrees mentioned above; and 2 • 3.2.4 Imm.:diately report to the projt';!cf Manager in ""riting any discrepancy or inconsist.ency it discovers in the laws l ordinances, regulations, orders, akld decreee mentioned above in relation to any plans, drawings, speciftcations or provisions of this Agreement" 3" 3 OUllLIPIC ... rIlJN,LQF~N"J'RACTOR CONTRACTOR represents that it has the expertise and professional qualifications to furnish the services described under this Agreement. As evidence thereof, CONTRACTOR warrants that one or more members of employees of the firm are licensed by the State of CAlifornia and that the services to be provIded under this Agreement will be performed by them or under their supervision. 3 "4 ~IANCll WI"rlI..A!28 CONTRACTOR states that it is aware of the requirements of the tederal Americans with Disabilities Act of 1990, and the Govel.·nrnent Code alld the Health and Safety Code of the State of Califorrlia~ rela_ting to access to Pllblic buildings and accom"1'1odations for disabled persons, and relating to facilities for disabled pet"sons. CONTRACTOR shall comply with or ellsure by its advice that compliance with such provisions will be effected pursuant to the terms of this Agreement. _For the full perfonMnce of the Bervices described herein by CONTRACTOR, CITY shall pay CONTRACTOR a total sum not to exceed Eighty One Thousand Five Hundred Fifty One Dollars ($81,551. 00)' payable within thirty (30) days of submission by CONTRACTOR of its itemized billings in triplicate, in accordance with the attached Fee Schedule, marked gxhibit ftBN and incorporated herein by this reference. SECTION 5 " DUTIES OF CITY CITY shall provide all specified services as set forth below: 5.1 Provide on·site disposal area, as directed by the Project Manager~ for CONTRAC'l'OR' 9 disposal of harvested plant h~terial under this Agreement. 5.2 Control members of the public from venturing into the working area of the lakes while work is in progress under this A.g reemen t . 'rhe services to be performed hereunder shall commence on July 5~ 199<1, and shall be completed by September 9~ 1994, in accordance witn the time schedule set fox'th in Sxhibit A. 3 "'" . "", , ,: ,- '. r i I I "" o o In the event that the sorvices called for under this hgreernent are not completed within the time specified above, the City Manager sh~11 have the option to extend, the time for completion. This p,,"u_"agraph does not preclude the recovery of d~gea: for delay by eithel." party. ~lQ1L!L.-,-, TBRH I NATION OR .l1l!Jl.Wi1IQjL.Q!'-MM~N]l!IT 8.1 ll.J&IrL1o....£l1.5PJililLQlLTIiliMltiATIl The Ci_ty Bam\ger may aU6pend this ,.Agreement, in whole or in pal:t~ or te'l'..l'ninato this Agreemellt. with or without cause, by giving thirty (301 days' prior written notice thereof to CONTRAC· TOR. Vpon receipt of such notice~ CCNTRACTOR shall irrmediately discontinu~ its p~rformance under this Agreement. CONTRACT(JR may te:nninate this Agreement or suspend work on tho Project by giving thh"ty DO) days' priol.O written notice thereof' to CITY, but only in the event of substantial failure of pertonnance by CITY or iOi the event CITY abandons or indefinitely postpones tho' Project. Upon such snspension or tenninatioll by CITY, CONTRAC1'OR shall be paid for all services actually rendered to CI'I'Y to the dat~ of such suopenslon or tenmination; provided, however, if this AgL"eement is suspendod or tendnated for fault of CONTRACTOR, crTY shall be obligated to c01T1p~nBate COtn'RACTOR only for that portion of CONTRAC'fOR' 8 services which arc of benefit to CITY, as such determination may be made bi' the City NamtgcL" in the reasonable exercise of his or her discretion. Upon such suspension or terminat.ion, CONTRACTOR shall turn' over to the City Manager ini'l1ediately any and all copies of studies, sketches, drawings, computationf3, and other data, whether or. not completed. ,prepared by CONTRACTOR or its subcontractors, if an}" or given to CONTRACTOR or ito subcontractors. if any, in connection with this Agreement. Such materials shall become the permanent property of CITY. Failure of CITY to agt,"ee with CONTRACTOR's independent findings, conclllsions, or recommendations, if the same are called for under this Agreement, on the basis of differences in matters of judgment. shall not be constl"ued as failure on the part of C(n.r['RJi.CTOR to meet the requh"ements of this Agreeillent. 4 • \ • 0, . "', SSC1LON 12 JlSSICNMllNT: SUBCONTIlACTQMJII!);UlM~ 10.1 ASSIG~'MSNT Both parties ahall give their personal attention to the faithful perfol"n\(lnce of thiu Agl'eement cmd shall not aBsigo j transfer, conveYt or otherwise dispose ot this Agreement or any right, title 01" interest in or to the eame or any part thereof without the prior written consent of the other Pfll:ty. and then only subject to such tenns and conditions as t~1(~ other party may require. A consent to one aeg1gnment shall not be deemed to be a consent to any subsequent assignments. Any assignment without such approval sha.!l be void and, at tho option of the .other party, shall terminate this Agreem"ent artd ~ny license or privilege grilnt<:d herein. This Agreement and any interest herein shall not. be assignable by ope);'ation of law without the pt:ior wr:itten consent of the other party. It is a9~ced that this Agreerr,-ent is for the p2'rsonal sel.vices of CONTRAC'rOR and cann.ot be pcrfoll't".ed by any othel' person or organization. CONTRACTOR shall 00: responsible fo~; employing 01" "::!ngagill9 all persons necessary to perform Ute services of CONTRACTOR hereunder. No subcontractor of COr-rrAAC"J'OR will be ret:09n;.zed by CI'l'Y as such; rather, all subcont:.ractors are deemed to be employees of CONTRACI'OR. and it agrees to be responsible for their performance. CONTRACTOR shall give its personal attention to the fulfillment; of the provisions of thiA Agr-eemeJ'lt by all Of its employees and subcontractors, if any, and shall keep the work. und~r its control. If any employee or 8ubcontr:actor of CONTRACTOR fails or refuses to carry out the provisiona of this Agl"eement O~ appears to be incompetent or to act in a disorderly or improper manner. the employee or subcontractor shall be discharged immediately from the work under this Agreement on demand of the Project t1anager. SECTION 11 • NO.ncr.s All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk Post Office Box 10250 Palo Alto, CA 94303 '1'0 CONTRACTOR: Attention of the Project Di;l'ector at the address of CONTRACTOR recited above 5 \ // o o SBCXION 12 -INTBRBST Of CONTllAQroE In accepting this Agreement. CONTRACTOR covenants that. it presently has no interest, and shall not acquire an~' interest. direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the sel-vices hereunder. CONTRACTOR further covenants that j in the perfot:mallce of this Agreement, no subcontractor or person having such. an interest shall be employed. COWfRACTOR certifies that no one who has or will have any financial interest under this -Agreement is an officer or employee of CI'l"t. It is expressly agreed that in the performance of the professional services required under this .Zlgreement, CONTRACTOR, and any of its subcontractors or employees, shall at all times be considered independent contractors and not agents or employees of CITY_ CONTRACTOR agrees to protectr indemnify, defend and hold hall'lliess crf'x', its Council members, officers, agents a:1d employees from any and all demands, claims, 01" liability of any nature, including death or injury to ally pel"SOIl, property dafM.ge or any other loss~ caused by or ariSing out of CONTRACTOR'sz its officers', agents', subcontractors' or employees' negligent act9 z errors, or omissions I 01" willful misconduct, or conduct for which the law may impose strict liability 011 CONl'RAcroR in the perforrr.ance of or failure to perfonn its obligations undel-this Agreement_ lJJKTI.QILH -WORKll.~lL COMPElISATI.QN CONTRACTOR, by ~xecuting this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which l.-equire every employer to be insured against liability for workers' compensation or to undertake self·illBurance in accordance with the provisions of that Code. and certifies that it will comply with such provisions before cOnTl1encing the pet"!ormance of the work of this Agreement. SECTION 15 -INSurJiliC& AND.PE~FQR}VillCE.~ 15 . 1 .lliSJ !RANCE COVERAGE CONTRACTOR, at its sole cost and expense, shall obtain and maintain, in full force and effect throughout the entire tenn of this Agreement, the insurance coverage described in Exhibit ·C·, attached hereto and made a part hereof by this reference j insuring not only CONTRACTOR and its subcontractors. if any z but also, willi the exception of workers' compensation, employer's liabUity, and professional liability insurance. naming as additional insureds CITY, its Council member.s, officers; agents and employees, and each of them, concerning this Agreement and the Pt"oject_ All insurance coverage required hereunder shall be provided through t:arriers with a Best rating of A: X or higher that 6 t '.j, are admitted to do business in the State of Califo~l1ia" . Any and all subcontractors of CONTRACTOR under this Agreement shall obtain and maintain, ia full force and effect tnroughout the term of this Agreement, idantical insurance coverage, with CITY named as additional insured,under such policies as required above . . \ 5 . 2 l1'lAJ:!.&lKI1 OF COVEIl2&Il Certificates of such insurance, preferably on thE! fonns provided by CITY, shall be filed with CITY concurrently with, the execut.ion of this Agreement. The certificates shall be subject to the approval of the Risk Manager and shall contain an endorsement stat-ing that the insurance .is primary coverage and will not be cancelH:d or altered by the insurer except after. filing with the City ClerK thirty DO) days' prior written notice of such cancellation or alteration, and,that the City of Palo Alto is named as an additional insured except in policies of work.ers' compensation, employer's liability, and professional liability insurance. Current certificates of such insurance shall be kept on file at all times dUl"ing the tertTt of this Agreement with the City Clerk. 15. 3 &hlMIT OF LllJlI UTY Thp. procuring of such required policy or policies of .insurance shall not be constl"Ued to limit CONTRACTOR' 5 liability hereunder nor to fulfill the indemnification provision and requirements of this Agreement under Section 13 hereof. Notwithstanding said policy or policies of insurance, CONTRACTOR shall be obligated for the full and total amount of any damage, injury, or 108s caused by the services performed under this Agre,ement, including after t.he Agreement has terTi'tinated or expired. 15.4 PSRFORMANCE BOND CONTRAC'I'OR, at its sole COSt (lnci expenge~ shall. prior to th~ commencement of-this Agreement obtain, and, during the term of this Agreement maintain, a perfomance bond, to guarant,ee CONTRACTOR'S full performance under this Agreement" The bond Rhall be in the amuunt of Eighty One Thousand Five Hundreq; Fifty One Dollars ($91,551) and shall be in a form acceptable'to CITY'S City Attorney. ~gCTIQN 16 -AUDITS CONTRACTOR agrees to permit CI'TY to audit, at any , reasonable time during the term of this Agreement and for three {3l years thereafter, CONTRAC'I'OR's records pertaining to matters covered by this Agreement. CONTRACTOR further agl"eeS to maintain such records for at least three (3) yeal.'s after the term of this Agreement. 1 , " ' o o The tel.'1ns, covenants. and condftions of this Agreement shall apply to, and shall bind~ the heirs, successors, exe~utors. adMinistrators, assigns, and subcont.ractors of both 'parties. The 'waiver by either party of any breach or violation of any terrn t covenant, or condition of this Agreement, or of any provisions of any' ordinance or law, shall not be deemed to be a waiver of any other tel1Tl~, covenant, condition, ordinance, or law or of any subsequent breach or violat.ion of the same or of any othel" tetm~ CQyonant, conditton, ordinance, or law. The subsequent accept.ance bi" either party of any fee or other money which may ~co-.-ne due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the othel' party of any term/ covenant, or condition of this Agt"eement or of any applicable law or ordina nce. The pn~vdilil19 party in allY action brought to enforce the tenrs of this Agreement or arising out of this Agreement may recover its reasonable costs and attorneys' fees expended in cOl~nection with such an action h_"om the other party. SzcrlQlL?..lL __ :_ NQ IMPLIElJ J~AIY_~Jl No payment, partial payment. acceptance~ or partial aCi..'eptance by CI'fY shall operate as a waiver on the part of CITi' of any of its rights under this Agreement. sacrlQIL1.l -NONDI SC RIM! NIITIOll.:...J'.!>@1TI' 2 L 1 IlJITi' OF CONTRACTOR No discrimination shall be made in' the employment of pot"8ons under this Agreement because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or BeX of such person. It the value of this Agreement is, or ma.y be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Palo Alto Muntcipal Code pertaining to nondisc-rimination in employment, including completing the "Compliance Report· ·Nolldiscrimination Provisions of City of Palo Alto Conu:.·acts" on the form furnished by CITY, attached hel:eto as Exhibit ·D~ and made a part hereof by this reference. CONTRACTOR agrees that each agreement for services from independent providers shall contain a provision substantially as follows: .. Provider shall provide CONTRACTOR with a certificate stating that he (or she) is currently in compliance with all Federal and 8 .' ,. "-', . , • State of Californi.a laws covering nondiscrimination in eroployment: that he (or she) will p~lr8ue an a!!innative course of action as required by th6 l,ffinnative Action Guidelines of the City of Palo Alto; and that he (or tlhe) will not discrirnina.te in the eroployrnent ot any person under this contract because or tho age, ra,ce~ col()l' .. national origin. ances~ry. r()ligion~ disability, se-xual prefer~nce or sex of such person.- If CONTAACl'OR i8 found in violation of the nondiscrimination provisions of the State of Cal i fornia Fail.­ &mployment Practices Act or similar provisions of federal law or executive order in the 'pel-forl';-..ance of this Agreement. it shall thereby be found in material breach of this Agreement. Thereupon r CIT)' shall have the [-""OW"Cl-to cclflcel or suspend Ulis '1Igre~ment. in whole or in pal::t. or to deduct from the a!r';()ullt payable to CON'l'RAC1'OR the sum of 'f'o,.,rent>'· five Dollars 1$251 for each perSOll fox.· each calendar dar during which such pel-son .... ·"'6 discrimina':Qd against, as da.mag-c~ for bl:each of contrl1;ct. or both. Only a finding of the Sta.te or California Fair ErnploYItent Pf(tctices Con""lission or the equivalent federal agency 01· officer shall constitute evidence of a violation of cont:t:act under this section. If CONTRACTOR is found in violation of the nondiscrimination provisions of this '~greerr.ent or the applicable affirmative action guidelines pertaining to this Agreement, CONTRAC'I\lR shall be fmlnd in Il'k:lteri~l breach· of this .Ag:t:eernent. Thereupon. Cr'I''x' shall have the power to cancel or suspend this Agreement, in k'hole 0'" in pa .. "t. or to deduct from the amount payable to CONTRAr.TOR the sum of """0 f!ulldre(l Fifty Dollar. ($250) for each calendar day during which CON'TAAC"f()R is found to haVe been in such noncOO'Ipliance as damages fOl" brl.."ao:::h of contract, or both. I\MBNJ),'!ENT This docurr,~nt t"epresents the ent ire and integrated agreement between CIt'Y and CONTRAC1'OSf and supersedes all prior negotiations, representations, and agreements~ either written 01." oral. This document may be amended only by 'Written instrument, signed hy both CITY and COlnRACTOR. S ECTIQN 2 L~YIlR!illiQJJili ThiS Agreement shall be govct"ned by the laws of the State of California. 9 · .~ " ;, ~'" .. '1-.'Iir."'~ff;~!.:..' __ • __ ,_,::. ... ,,_-C_"'''; ...... ;,,_~ o IN, WITNESS ~BREOF. the pal"ties hereto have executed this Agreement the day and year fi~Bt above w~itten. A'l'TBST. CITY OF PALO ALTO City Clerk APPROVED AS 7Q PORM, Senior Asst. city Attorney APPROVED. AQUATIC HABITAT CORPORATION Assistant-City to1anager Director of Finance Risk ri;inager.------------- APPROVED AS TO CONTENT. Recreation, Open Space & Sciences Division Attachment.s: BXHIBIT "A": EXHIBIT -B-: BXHIBI'l' IIC~: EXHIBIT -nil: SCOPE OF SIlRVICES AND TIMK SCHRDULB ~B8 SCllllDULB mSURANCI1 NONDISCRIMINATION COMPLIANce ?aRM 10 CRRTIFlCATE OF ACRNOWLEIHlMENT (Civil Code § 1189) STAT& OF ___ _ COUNTY OF On , before me, I a notary public in and for said County. person&llyappeared • personally known to me (or proved to me on the basis of satisfactory evidence) to be th~ peraon(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in hisl her/their authorized capacity (ie8) I and that hy his/her/theil-signature(s) on the instrument the person{s}. or the entity upon behalf of which the person (s) acted, executed the inst rument. WITNESS my hand and official seal. 11 \ • i f; I , ' i ! o o Exhibit A Open Space Lakes Vegetation Clearing Project Scope of Services Contractor shall perform the following services under this Clgreeft'lent: 1) Boronda Lake. Foothills Park Mechanically re~~ve pond weed and cattail plants and deposit same at a location above Boronda Lake: Re11love cattails from around Sunfish Islalld, both boat docks, the boat launching area, ten shoreline fishing areas and off the face of the dam. Remove pond weeds through~ut the lake. Rototill the lake. bottol'fl where plants !Iave been harvested to remove roots. Deposit harvested plant material on site, at a location above Boronda Wke, as directed by the City Project Manager. 2:) f. ... L~_~t:rju!v.:.2.......Lak~.. At?! s tradero. . ....£.t:e.serv.g Hechtmically remove cattai 1 plants and deposit same at a location near the I'rastradero Lake: R~~ove cattails from ten shoreline fishing areas around the lake~ Rototill the lake bottom where the cattails h~ve been harvested to remove roots. Deposit harvested cattails on site, at a location neat' Arastradero I.ake as directed by the City Project Manager. Performance Schedule The services listed above shall commence on July 5, 1994 and be coropleted by September 9, 1994. l' I ,-,' "" Exhibit B Open Space Lakes Vegetation Clearing Project Fee Schedule Invo"ices pres.~nted to the city for the services A vilj ba paid a. rollo~s, listed in Exhibit $U,2H (15\) upon laUnching of equip~ent at .Borcnda Lake. $40,775 (50') upon conplotion of the worK at Boronda Lake. $28,5U (35%) upon cOJ:lpletion of the 'Work at Arastradero Lake. ""., " I A. •• c. 0, r, ,. G. H, [",-, , " , ' , '",.-_'._'''',~.,..,· ... r,.'"," '-...." , -.-" ... Insurance RequIrements for Contractors CONfRACTOR: AG:1JA it( N(lr\t"il'i r t1l~·,/A",;-"""""J( (,-r1A>II..1 r. - PROJECT MANAGIlR~_~~2I~&~(M!'l ~""C" ~ '1'\-3~Vhl'''' 3 CONTRAer NM11!: IJ"fi~ ~,'V"" L4 J;E'.~ 'v;;,: 1(1(10" (Ji:lJ.ri(!j PCfj(.d -1111- GENERAL TERMS AN,l!.INSTRUCTIONS , TH~ ""$1 /tJCJ~1 ~~IIT 6H()1J1.O K WllHll() y(~JA ... "JIV.· .. « AG·PH "'-"'O~fl'l CWT'M("fOU NO. an<f ,.u.oAL10.~T IlIDl fQU f:.\11..'<.Jt ~'.U-('4II,oaI ~I) w.I'i1U4 ...... IJ......-:ti I~ tMii IUJoO (>I M~. (\)Nt'M"TOU "'lJ.. "~IUl>TO"o)1.~ ACUTIfX'An l"'~ lNIJ C>o.I\IlA"<'I 1./00 JW.Ii'oiO n,:J«JTJ.J).JI ~.JI..l(J\.u])" A.U ~Jt.l<ICII ~~v.ro$$(A,U. "n()~:t'flIll;.1O\o:..H ('.tJ..l,W..ll "TT" ;'IUI a,IoTVO OIA.''tN~ lM.'T~~~T\)N'~f$t ~ 'IKIt I'TATI Of CAU'OfXU. no; CDnlCAti Of" tm""'-"'CS k~ rl:('I,)'UUlto N<D CIII(v!", t, #I .... \'1lm!UO UJt..OO<l"",,,, (>f TlOCIIi ('1I:~/I.,"r tM.~ ,..'J\II' .... ot(1". rv~ 9ffi)4 naI ctrI'."'''1) Iom,()'o'fl) 11 ncI cnTWOJ.J ('Qt'o'T~ 'II"'" II ('(>I<J«.IJD (\'>!oU\,n, "'" IWK" N\ ....... '- RE1UR// m~ COMPU1CfJ CERnFlCA '/Ii TO 1IIE Clrt or P40 Ai. TO, PURc/usmo .t COH11!Acr ADMINJSTR.A1JON. 2JO IfAMltroNAYfNUE.I",il.O Al..TO 9.lJOI. THE IECKED BnOIl' ARE REQUIRWroR nnSCOHTRACT. • 1'lMQ!""" ILM'O' • MOJ.:O f(,'l;oM ~N I),l,I,I'Ac..f • ~fT (((IIMC1 \,j,IJ. :> FM; UG.ll u.u.utY • OYorNEO ..... • I'OMCM'I-iro D Pl'Or~ ~tyl INC{'UDINO: • U\"IOf\:SI-HOQM$.$Iot\'1 ·~Cnct .. ~~ J<';:~'1 ,. ........ '1.W.;..'1I1'· .o,l..WC r «iV(" ... .() ~YINA __ '4 .. "'r ... ~ l'."'Q\~-""J~"J...#d:.~'cd ..• ~":\~ .. I.r.~W~;:1.~._ .. _.~ .• _ ~rfU.o!'II""';,){1MY OAI!,.Io-:..l("~~ AtlO~ ..... OU 11.i»lC>:'Q 11.«-'.<'-.'0) 11.lXoO..to.Xl n.sw.;~ ~~m II.C\.">(I.OOO Tta CiIV" F'tlo Allo, 11. OWC.I' .• "UII lnod .... 'PI,.,. ... ,/1 ~....s u ..u.llo)l">$ J.'\I"'OJ~. boJl ~ty It 10 'WOIl!. ptffo-nntd .. m:fu conUItI. $tld eO ... llIg. t. to 111. Cily of PAlo Allo, .Ir .•• 1\.eOI bel pr'ffi.l'Y COYllflll, ~Ihwl ollnl ~Ii (.it(1 .. 5f~ 1./,,\,IIU>e. ilr.:I_1'r"1 olMr Ir .. \1I.,....' UII'lt-d bl' 1114 Cill' b':r.g u(Cn 1orl11H .. "1-C' oN,. WhI .. th. wor): I"'veln. ;.'.0<1'"";, ""~I"oQ, .xc ... ·.MQ, dra"l:r.g or ~lh-tr vnd"~0\1 .... j ""~'k.. ~ ~r Ifoclv4n d'11W(I/·oM 01 ¥lWU • c:oMl.'iI., plp .. , mil"., 0( OIMt fi.rrO!U Pt~llly 01 II1II'1' "'Ffl..-lIu., In t¢rN(~ 1t.1f .... ilh Ib..lorr 1111 l1."r.ct 01 th' O'O\Ind ... ~Lhtt ownad by th'r4 pml .. or 11'1. Cily 01 Pilo Allo. Whc" 11'1, worlr.l" ... ~vll I)(c''(l;lrr'09, eol~'1 «l""19,11 Jl.fh'klld' ml~ ~1'I1i ~\ .•• Til. p-'...Iicy IMliJdl' I 'SIWltbii.y cf ' .... 111 .. 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PART II -SUPPLEMENTS TO FORMS SECTION 00410 (AFPI Cl:RTIFICA TION OF NONDISCRIMINA TION ,Cort!f1c.tlo"~wll.e[lmlo.!lon: As suppllo/s of goods or so!Vlces to tho City of Palo Alto, the llrm and IndIvIduals listed below certifies that they do oat dIscrIminate In employmenl wIth regards to ege, lace, color, rellgloo, oallooel orlglli, encest<y, disability, or sexual pIGfarence; that they are In compliance with all Faderal, State and local directives end execullve orders regarding nondlscrlmloetlon In employment; aod that thoy agrae to demoostrate posltlvoly and aggressively tha prinCipia of equal opportunity In employment. Tha Proposer egrees specifically: 1.0 To eswbllshorob,orva amploymant poliCies which affirmatively plomole opportunities for minority palsons ~t all Job leveis, 2.0 To communlcato this polley to all por$ons ccncerned, Including all employ.es, outsldo recruiling sorvlces, especially those serving milloray comrnunltles, end to the minority communities allarge, 3,0 To take affirmative action sleps to hire minority employees within tho organization. 4.0 To be knowledgeable ollhalocal, Slale, and federal laws and regulations concerning affirmative action policies and provlda opportunities for employees, Firm: ntle of Officer Slgnlng: ___ _ Slg08Iur8 ___________________ _ OaI8' __________________ _ Please Include any addilional Informalion available regarding equal opportunity emplovment programs now In affect within YOUI compeny. END OF SECTION CITVofPALO ALTO: Non·dl'scrlmlnatlon 16/.931 SECTION 004 lOlA FOH . , '\ " , \ ! , . I I,