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Staff Report 342-06
City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:SEPTEMBER 11, 2006 CMR:342:06 SUBJECT:APPROVAL OF A BUDGET AMENDMENT ORDINANCE IN THE AMOUNT OF $943,003; APPROVAL OF A CONTRACT WITH AMERICAN CONSTRUCTION AND ENVIRONMENTAL SERVICES INC., IN THE AMOUNT OF $1,278,744 FOR CONSTRUCTION OF THE MUNICIPAL SERVICE CENTER FUEL STORAGE TANKS AND FUEL STORAGE ISLAND REPLACEMENT AND APPROVAL OF CONTRACT AMENDMENT NO. 3 TO CONTRACT C2131552 WITH BLYMYER ENGINEERS, INC., IN THE AMOUNT OF $67,250 FOR CONSTRUCTION ADMINISTRATION AND DESIGN SERVICES, CAPITAL IMPROVEMENT PROGRAM PROJECT VR-01001 RECOMMENDATION Staff recommends that Council: Approve the attached Budget Amendmem Ordinance (BAO) in the amount of $943,003 (Attachment A) to provide an additional appropriation for the MSC Fuel Storage Tanks and Dispensing Facility, Capital Improvement Program (CIP)project VR-0!001. Approve and authorize the Mayor to execute the attached contract (Attachment C) with American Construction and Environmental Services Inc., in the amount of $1,278,744 for construction of the Municipal Service Center fuel storage tanks and fuel storage island. °Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with American Construction and Environmental Services Inc., for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $191,812. o Approve and authorize the City Manager to execute the attached contract amendmem with Blymyer Engineers, Inc., (Attachmem D) in the amount of $67,250 for construction administration services for the Municipal Service Center fuel storage tanks and fuel storage island and for design services for the public fueling portion of the compressed natural gas (CNG) station. The contract includes $57,250 for basic services and $10,000 for additional services. CMR:342:06 Page 1 of 5 BACKGROUND The fueling facility at the Municipal Service Center (MSC) provides fuel for City vehicles and equipment on a 24-hour basis. The current facility is thirty-nine years old, is well beyond the end of its useful life and needs to be replaced. The facility is out of compliance with current fire and environmental codes, and the fuel dispensing equipment is obsolete and worn-out to the point where reliability is a serious concern. As many City operations rely on this facility, any failure will have a large impact on efficiency and productivity citywide. Staff is currently studying the feasibility of locating an ’auto row’ on the MSC site. Should an auto dealer ever occupy the site, the fuel station could be modified for use by the dealer or it could be relocated for use at a new MSC location. This is also the case if the MSC is renovated or a consolidated Utilities building is located there. DISCUSSION Project Description The work to be performed under the contract is for the installation of new underground fuel tanks, dispensing equipment and all associated piping, electrical systems and leak detection systems at the MSC. This new (conventional) fueling facility, which will be located at the east side of the MSC will include provisions for the storage and dispensing of unleaded gasoline and diesel and an alternative "clean" liquid fuel, such as synthetic diesel (biodiesel) or ethanol. In addition to the new conventional fueling facility, a new station for compressed natural gas (CNG) fueling will be advertised for construction bids in late summer or fall. The equipment for this station has already been purchased. It was originally intended that the new CNG station be constructed along with the conventional fueling facility; however, the non-conventional fuel portion of the work will be bid separately in order to reduce costs, since contractors specialize in either conventional or non-conventional fuels and would not typically build both conventional and non-conventional stations under one contract. Funding for this phase of the project will come from a combination of Gas Fund reserves and fees generated from CNG sales. Bid Process A notice inviting formal bids for the Municipal Service Center Fuel Storage Tanks and Island Replacement project was posted at City Hall June 21, 2006 and sent to 20 potential bidders. The bidding period was 28 days. Bids were received from two qualified contractors on July 18, 2006 as listed on the attached bid summary (Attachment E). Bids ranged from a total low bid of $1,278,744 to a high of $1,300,780. CMR:342:06 Page 2 of 5 Summary of Bid Process Bid Name/Number IFB 114505A Proposed Length of Project Number of Bids Mailed to Contractors Number of Bids Mailed to Builder’s Exchanges Total Days to Respond to Bid Pre-Bid Meeting? Number of Company Attendees at Pre-Bid Meeting Number of Bids Received: Bid Price Range * MSC Fuel Station Relocation Project 9 months (including equipment delivery) 12 8 28 Yes 5 2 From a low of $1,278,744 to a high of $1,300,780 *Bid summary provided in Attachment E. Staff has reviewed all bids submitted and recommends that the bid of $1,278,744 submitted by American Construction and Environmental Services Inc. be accepted and that American Construction and Environmental Services Inc. be declared the lowest responsible bidder. The bid is 27 percent above the engineer’s estimate of $1 million dollars and $663,744 more than the current project budget of $604,803. This budget shortfall is due to an increase in construction costs since the project was first budgeted, and additional design work needed to keep it current with changing regulations. Although the cost of this project exceeds the original budget, it is imperative that it move forward. Staff thoroughly reviewed the project in an effort to find areas where costs could be reduced. In addition to separating the contracts for conventional and non-conventional fueling, several design changes were implemented that will reduce costs without impacting the functionality of the facility. A contingency amount of 15 percent is requested since testing has determined that some of the soil at the current fueling station site has been contaminated with oil and gas residue and may need to be removed. The extent of remediation required by the Santa Clara Valley Water District cannot be determined until the ground is excavated and the degree that the contamination has traveled within the soil is evaluated. Staff confirmed with the Contractor’s State License Board that the contractor has an active license on file. Staff checked references supplied by the contractor for previous work performed and found no significant complaints. Contract Amendment No. 3 with Blymyer Engineers, Inc., for construction administration and design services is included for approval (Attachment D). Blymyer designed the fuel station and with approval of Amendment No. 3, will be available to answer contractor questions during construction. The Amendment also includes design services that will provide for modifications to the existing CNG fueling station so that it will be available for public use. Public access to alternative fuels was a condition of a $300,000 grant that was awarded by Santa Clara Valley CMR:342:06 Page 3 of 5 Transportation Authority (VTA) and for which the VTA has already paid the City in full. Failure to provide public access would require the ,City to return the grant funding. RESOURCE IMPACT Funding for this project is included in CIP projects VR-01001, VR-04011, VR-05005, VR-06800 and VR-01002. These projects total $1,444,549 with the remaining amount of $103,257 funded by the Vehicle Replacement Fund reserve. A BAO authorizing the appropriation of funds from these Vehicle Replacement Fund projects and Vehicle Replacement Fund is attached to this request. The City was awarded a grant from the Santa Clara Valley Transportation Authority in the amount of $300,000 which is included in the available budget in project VR-01001. The project costs and funding available in the Vehicle Replacement Fund CIP are outlined in the tables below: Construction Contract with 15 %contingency Construction administration Materials and Soils Testing Total Project Number Available Funding VR-01001 VR-04011 VR-05005 VR-06800 VR-01002 Cost $1,470,556 $ 67,250 $ 10,000 $1,547,806 Description MSC Fuel Storage Tank Replacement Compressed Natural Gas Station Relocation Fuel Tank Vapor Recovery MTBE Investigation MSC Equipment Washing Facility Vehicle Replacement Fund Reserve $ 604,803 $ 244,901 $ 14,845 $ 70,000 $ 510,000 $ 103,257 $1,547,806 Project VR-04011 was originally designated for the relocation of the existing CNG fueling station from the MSC to a location near the Civic Center subsequent to the completion of the new MSC CNG fueling facility. After study, staff determined that it would be extremely difficult to move the existing station and that it would be better to construct a new, smaller facility that would better integrate into the new location. The existing CNG fueling station will remain at the MSC and after modifications it will eventually serve as a public fueling facility and as a backup to the new CNG fueling facility. Projects VR-05005 and VR-06800 are complete, and the funding shown in the table represents the unspent balances. Project VR-01002 is an active project designated for the replacement of the equipment washing facility at the MSC. This project is still needed; however the need for a new fueling facility now takes precedence over this project. VR-01002 will be funded in future years as revenues allow. CMR:342:06 Page 4 of 5 POLICY IMPLICATIONS This project furthers Policy N-21 and N-25 of the Comprehensive Plan. ENVIRONMENTAL REVIEW This project is exempt under the California Environmental Quality Act (CEQA) Section 15302 because it is a relocation of an existing use. The project has been appropriately conditioned to address the soil contamination. ATTACI~MENTS Attachment A:Budget Amendment Ordinance Attachment B:CIP Page Attachment C:Contract Attachment D:Contract Amendment No. 3, with Blymyer Engineers, Inc. Attachment E:Bid Summary Attachment F:Certificate of Non-Discrimination ,/// PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: Senior Engineer GLENN S. ROBERTS Director of Public Works oN Assistant City Manager CMR:342:06 Page 5 of 5 Attachment A ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 2006-07 TO PROVIDE ADDITIONAL APPROPRIATION TO CAPITAL IMPROVEMENT PROGRAM (CIP) VR-01001, MSC FUEL STORAGE TANK AND FUEL STORAGE SERVICE ISLAND REPLACEMENT OF $943,003 The Council of the City of Palo Alto does ordain as follows: SECTION i. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 12, 2006 did adopt a budget for fiscal year 2006-07; and B. In fiscal year 1999-00, the Council did adopt a budget for CIP Project~VR-01001, MSC Fuel Storage Tank and Fuel Storage Service Island Replacement (Project), with an initial appropriation of $475,000,and in fiscal year 2001-02, increased the appropriation by $125,000; and C. In fiscal year 2001-02, the Santa Clara Valley Transportation Authority (VTA) awarded a grant of $300,000 to CIP Project VRL01001, MSC Fuel Storage Tank and Fuel Storage Service Island Replacement, bringing total appropriation to $900,000; and D. From fiscal year 1999-00 through to date, expenses related to design elements of the Project were incurred leaving a balance of $604,803 for the construction cost of the Project; and E. This project was put out to bid; the low bid is higher than the amount estimated for the Project and additional funding of $943,003 is required to construct the Project; and F. The total additional appropriation of $943,003 for this project will be funded by a transfer of appropriation from CIP Project VR-01002, MSC Equipment Washing Facility Upgrade, of $510,000; VR-04011, Compressed Natural Gas Refueling Station Relocation, of $244,901; VR-06800, MTBE Investigation at Fire Station #2, of $70,000; VR-05005, Fuel Tank Vapor Recovery System Upgrades, of $14,845; and by a drawdo~rn from the Vehicle Replacement and Maintenance Fund Reserve of $103,257; and INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Mayor City Manager Director of Public Works .Department Director of Administrative Services Exhibit A Budget Amendment Ordinances Impacting Vehicle Replacement and Maintenance Fund Reserve Approved-To-Date in 2006-07 ~ii~ated F~ture: R~b YebP Ongoin~ ~t~ Balance, July 1, 2006 2006-07 Budget Change Projected Balance, June 30, 2007 BAO - CIP VR-01001- MSC Fuel Storage Tanks and Fuel Storage Island Replacement $3,064,000 ($573,000) $2,491,000 ($103,257) Reserve Balance After BA O’s [$2,387,7431 = Attachment B - MSC Fuel Storage Tank Replacement (VR-01001) Continuing -- Miscellaneous PROJECT DESCRIPTION This project will provide for the replacement of all above ground fuel storage tanks at the Municipal Services Center (MSC) with underground tanks of equivalent capacity; replacement of the fuel service island and fuel dispensers; and the installation of an electronic fuel tank monitoring and inventory management system. PROJECT JUSTIFICATION The existing above ground fuel storage tanks at the Municipal Services Center are more than 30 years old need replace- ment. The vapor recovery system, among others, is inoperative and cannot be repaired. There is also a substantial amount of corrosion on the interior surfaces of the tanks, which has resulted in a significant ongoing expense for fuel cleaning and filtration to remove particulate matter that could damage vehicle fuel systems. The existing fuel service island is inefficient and inadequate for the current usage level, resulting in significant delays for users. FUTURE FINANCIAL REQUIREMENTS FISCAL YEAR AMOUNT PY Budget:$900,000 as of PY actual $295,197 8/2/06 2002-03 2003-04 2004-05 2005-06 2006-07 $943,003 Construction Sources of Funding: Equipment Replacement Fund COMPONENTS Design and construction 1 CiO, of Palo Alto 2001-03 Budget IMPACT AND SUPPORT ANALYSIS Environmental: Design Elements: Operating: Telecommunications: This project is subject to state and federal regulations related to underground fuel storage tanks and dispensing systems, as well as oversight by the Santa Clara Valley Water Dis- trict under the Leaking Underground Storage Tank Oversight Program (LUSTOP). System design will be provided by Equipment Management staff, working with an engi- neering consultant. The above-ground component of this project may be subject to review by the Architectural Review Board. Ongoing maintenance Local area network for authorization system. COMPREHENSIVE PLAN This project furthers Policy N-21; Policy N-25; Policy N-26, Policy N-27, and Program N-40 of~the Comprehensive Plan. 2 City qf’Palo Alto 200]-03 Bttdget Attachment B - Fuel Tank Vapor Recovery System Upgrades (VR=05005) New -- Miscellaneous PROJECT DESCRIPTION This project will upgrade the gasoline vapor recovery equipment installed on underground unleaded fuel storage tanks located at Fire Stations 1, 2, and 4 required by California Air Resources Board (CARB) Enhanced Vapor Recovery reg- ulations. PROJECT JUSTIFICATION The CARB’s Enhanced Vapor Recovery (EVR) Program is designed to improve vapor recovery equipment and reduce emissions from fueling facilities. The existing vapor recovery equipment at Fire Stations 1, 2, and 4 is in compliance with current CARB regulations, but will require substantial upgrades to meet the new EVR requirements. These upgrades include replacement of components installed on the underground storage tanks, as well replacement of fueling nozzles at each dispenser. The tank upgrades will require excavation at each site, so that the top of the tank can be exposed. The deadline for compliance with the new EVR regulations is April 1, 2005. This is a new project in FY 2004-05. PROJECT STATUS FUTURE FINANCIAL REQUIREMENTS FISCAL YEAR PY Budget PY Actual as of 8/22/06 2005-06 2006-07 2007-08 2008-09 AMOUNT $5O,OOO $35,155 ($14,845) COMPONENTS Construction Transfer to VR-01001, HSC Fuel Storage Tanks and Fuel Storage Island Replacement Sources of Funding: Vehicle Replacement Fund 3 City of Palo Alto 2004-05 Budget IMPACT AND SUPPORT ANALYSIS Environmental:None Design Elements:None Operating:None Telecommunications:None COMPREHENSIVE PLAN This project furthers Policy N-26 and Program N-39 of the Comprehensive Plan. Managing Department: Public Works 4 City of Palo Alto 2004-05 Bttdget Attachment B Compressed Natural Gas Refueling Station Relocation (VR04011) New -- Miscellaneous PROJECT DESCRIPTION This project will relocate the City’s previous Compressed Natural Gas (CNG) refueling station to the downtown area; upgrade the station’s control systems, and provide for a system to boost the gas line pressure at the new location to match the inlet requirements of the existing compressor. PROJECT JUSTIFICATION The City’s existing CNG refueling station was constructed in 1994. Since then, the City’s CNG vehicle fleet has grown to the point where the station is undersized for the current demand. Although this refueling station is undersized for its application at the Municipal Services Center, and is being replaced by a separate project, it is still serviceable, and would be very useful in a different location. Location for siting this station would be in the downtown area, preferably at Fire Station One. This is a new project in FY 2003-04. PROJECT STATUS FUTURE FINANCIAL REQUIREMENTS FISCAL YEAR PY Budget PY Actual as of 8/22/06 2004-05 2005-06 2006-07 AMOUNT $250,000 $5,099 ($244,901) COMPONENTS Transfer to VR-01001, MSC Fuel Storage Tanks and Fuel Storage Island Replacement 2007-08 Sources of Funding: Vehicle Replacement Fund 2003-05 Budget CiO, qf Palo Alto 5 IMPACT AND SUPPORT ANALYSIS ’~!’i’ Environmental:Noise mitigation may be required Design Elements:Engineering for the relocation and control system upgrades will be provided by an engi- neering consultant. This project may be subject to review by the Architectural Review Board. Operating: Telecommunications: Ongoing maintenance Access to City telecommunications network for monitoring station operations COMPREHENSIVE PLAN This project furthers Policy N-26 and Program N-40 of the Comprehensive Plan. Managing Department: Public Works 6 City of Palo Alto 2003-05 Btulget -Attachment B - MTBE iNVESTIGATION AT FIRE STATION #2 (VR-06800) Description: At Fire Station 2, continue investigation and characterization of Methyl Tert-Butyl Ether (MTBE) groundwater contamination, which was discovered as a result of previous environmental monitoring activity. Justification: Environmental monitoring performed at the gasoline dispensing facility located at Fire Station 2 revealed a groundwater MTBE concentration of 140 parts per billion, which is a level of concern to the Santa Clara Valley Water District. The District is requiring further investigation, which may include the placement of several monitoring wells, and ongoing soil sampling to determine if residual contamination exists. It is unknown at this time if any, remediation will be required. Supplemental Information: In 2003, the California Regional Water Quality Control Board required that environmental monitoring be performed at gasoline dispensing facilities considered "high threat sites" (those adjacent to wells or groundwater aquifers). This monitoring was required as a result of the increased incidence of MTBE detected in groundwater and water supply wells. The level of MTBE detected during the original environmental monitoring is relatively low, and there is a good possibility that subsequent testing will show the current level of MTBE to be below the level of concern. If this scenario occurs, Equipment Management will petition the District for closure of this case. The cost of the investigation and remediation (if required) may be subject to reimbursement from the California Underground Storage Tank Cleanup Fund. CIP FACTS: ¯ New ¯ Project Status: Other ¯ Timeline: FY 2005-2006 o Overall Project Completion: 100% ¯ Managing Department: Public Works ¯ Comprehensive Plan: This project furthers Policy N-18, Program N-31. iMPACT ANALYSIS: ¯ Operating: Ongoing cost for periodic ground- water analysis. PY Budget PY Actuals as of 8/22/06 $100,000 $22,480 I;liitl -" =1;11~1~ ~[~ Pre-Design Costs Design Costs Cqnstruction Costs Other ($70,000) Revenues: Source of Funds:Vehicle Replacement Fund ($70,000) 2005-07 Budget City qf Palo A!to 7 CIP -Attachment B - MSC EQUIPMENT WASHING FACILITY UPGRADE (VR-01002) Description: This project will provide for the replacement of the existing wash pad at the City’s Municipal Service Center (MSC). The new wash facility will be constructed in the current location of the existing fueling station and will have a larger wash water collection sump, an additional wash water storage tank, a new wash water treatment system, and will be enclosed in a concrete masonry unit (CMU) structure to prevent wash water runoff from entering the storm drain system. Justification: The existing MSC Washing Facility is inadequate, overloaded and potentially violates the Federal Clean Water Act requirements for discharges to sewage treatment plants. The facility is utilized for cleaning of maintenance vehicles and other heavy equipment. Because these vehicles are often coated with mud and other heavy residue, the wash water is laden with sediment and solids, which overwhelm the undersized wash facility drain and sump. Frequent maintenance is required resulting in downtime. Supplemental Information: The availability of this system is critical to users, and is an integral part of the equipment maintenance function. An additional $250,000 in funding is requested due to higher than expected construction costs for the new facility. Additional $50,000 is requested to cover demolition of the existing fuel facility that is currently located on the site of this proposed wash facility. CIP FACTS: o Continuing ¯ Project Status: Design ¯ Timeline: FY 2001-2007 ¯ Overall Project Completion: 30% ¯ Percent Spent: 19.54% ¯ Managing Department: Public Works ¯ Comprehensive Plan: Policy N-21, N-23, N25 IMPACT ANALYSIS: ¯ Environmental: Categorically exempt from CEQA under Section 15301 o Design Elements: Staff Level Review Com- 91ete ¯ Operating: Reduces cost of structural and sys- tems maintenance. ¯ Telecommunications: Local area network for electronic authorization and security PY Budget PY Actuals as of 8/22/06 $300,000 $89,226 Pre-Design Costs Design Costs Construction Costs Other ($210,000) Revenues: Source of Funds:Vehicle Replacement Fund ($30o,ooo) 9 City of Palo Alto 2006-07 Bttdget Attachment C FORMAL CONTRACT SECTION 500 CONTRACT No. C07114505 (Public Work) Public Works Department This Contract, number C07114505 dated is entered into by and between the City of Palo Alto, a California Charter City ("City"), and American Construction and Environmental Services, Inc. ("Contractof’). For and in consideration of the covenants, terms, and conditions (*the provisions*) of this Contract, City and Contractor ("the parties") agree: Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. General Scope of Project and Work. Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows: Title of Project:Construction of a new Integrated Fueling Facility, Invitation for Bid (IFB) Number 114505A, Bid:$1,278,744.00 (One Million Two Hundred Seventy-eight Thousand Seven Hundred Forty-four Dollars) Contract Documents. This Contract shall consist Of the documents set forth below, which are on file with the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. This Contract. Invitation for Bid. Project Specifications. Drawings. Change Orders. Bid. Supplementary Conditions. General Conditions. Standard Drawings and Specifications (1992). Certificate of Insurance, Performance Surety Bond, Labor & Materials (Payment) Surety Bond. Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1992). Any other document not expressly mentioned herein which is issued by City or entered into by the parties. Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements CITY OF PALO ALTO rev. 12/00 CONTRACT C07114505 PAGE 1 OF 7 FORMAL CONTRACT SECTION 500 for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 16 of this Contract. 6o Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees, agents or representatives~ This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter. To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council members, officers and employees from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. ~9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. ~6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. ~2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, ~25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, ~25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, ~25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, ~25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. 7o Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the. Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any of its Council members, officers, employees, agents or representatives. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract. No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The right of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not shift that obligation to the City or relieve Contractor from its obligations to complete the Work in a satisfactory manner in compliance with the Contract requirements. 10.Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any surety bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination in employment and hazardous materials. 11.Bid Security. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bid Security as required under the CITY OF PALO ALTO CONTRACT C07114505 PAGE 2 OF 7 rev. 12/00 FORMAL CONTRACT Invitation For Bid. SECTION 500 12.Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants: Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; bo Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required; do Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For Bid; Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project Manager or any other person who has directly contributed to City’s decision to award the contract to Contractor; There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor’s ability to perform under the Contract; k° Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; Contractor and any person performing labor and services under this Project are duly licensed by the State of California as required by California Business & Professions Code Section 7028, as amended; and Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. 13.Assi.qnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. 14.Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. CITY OF PALO ALTO rev. 12/00 CONTRACT C07114505 PAGE 3 OF 7 FORMAL CONTRACT SECTION 500 15.Audits by City. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. 16.Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to:City of Palo Alto Public Works Department Engineering Division 250 Hamilton Avenue Palo Alto, CA 94303 Attn: Karen Bengard, Project Manager To Contractor:American Construction and Environmental Services, Inc. 601-B First Street, Suite 23 Brentwood, CA 94513 Attn: Dan Head 17.Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the event of a conflict with any other provision of this Contract. 18.Miscellaneous. Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor. Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. e.Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to PAGE 4 OF 7CITY OF PALO ALTO CONTRACT C07114505 rev. 12/00 FORMAL CONTRACT SECTION 500 perform its obligations under this Contract which directly results from an Act of God or an act of a superior governmental authority. Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. go Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in writing and signed by the parties. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. Successors and Assigns. The provisions of this Contract shall inure to the benefit of,-and shall apply to and bind, the successors and assigns of the parties. Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising out of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose, California. The intent of the parties is that the mediation shall proceed in advance of litigation; however, if any party should commence litigation before the conclusion of mediation, such litigation, including discovery, shall be stayed pending completion of mediation, and by executing this Contract the parties stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule 1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of California, as such rules may be amended from time to time. The parties shall share the cost of the mediation, including the mediator’s fee, equally. Any written agreement reached in mediation shall be enforceable pursuant to California Code of Civil Procedure § 664.6, as amended. Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose, California. In the event that litigation is commenced by any party hereunder, the parties agree that such action shall be vested exclusively in the state courts of California in the County of Santa Clara or CITY OF PALO ALTO rev. 12/00 CONTRACT C07114505 PAGE 5 OF 7 FORMAL CONTRACT in the United States District Court for the Northern District of California. SECTION 5O0 Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure § 664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable costs, including attorney’s fees, incurred subsequent to conclusion of the mediation. So Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase agreements which it enters into in connection with this Contract, and to require its subcontractors to include those provisions in any sub-contracts or major material purchase agreements, such that any mediation or litigation of any claim or dispute asserted by a subcontractor or major material supplier will be consolidated with any related claim or dispute between the Contractor and the City. Should the Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor or material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract, Contractor shall indemnify City for City’s costs of defense, including reasonable attorney’s fees. IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of Palo Alto, County of Santa Clara, State of California on the date first stated above. APPROVED AS TO FORM:CITY OF PALO ALTO Senior Assistant City Attorney Assistant City Manager APPROVED:CONTRACTOR: Director of Administrative Services Director of Public Works By: Name: Title: By: Name: Title: (Compliance with California Corporations Code ~ 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) CITY OF PALO ALTO rev. 12/00 CONTRACT C07114505 PAGE 6 OF 7 FORMAL CONTRACT SECTION 500 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code ~ 1189) STATE OF .) COUNTY OF ) On , before me,., a notary public in and for said County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) CITY OF PALO ALTO rev. 12/00 CONTRACT C07114505 PAGE 7 OF 7 Attachment D AMENDMENT NO. 3 TO AGREEMENT NO. C2131552 BETWEEN THE CITY OF PALOALTO AND BLYMYER ENGINEERING,INC. This Amendment No. Three to Agreement No. C2131552 ("Agreement") is entered into , by and between the CITY OF PALO ALTO, a California charter city ("CITY’,), and BLYMYER ENGINEERS, INC., a California corporation located at 1829 Clement Avenue, Alameda, CA 93501 ("CONTRACTOR,,) . R E C I TAL S: WHEREAS, the Agreement was entered into between the parties for the provision of design and engineering of an integrated fueling facility and of a separate publicly accessible compressed natural gas (~CNG") fuel dispensing facility; and WHEREAS, the parties desire to amend the contract to add design services necessary to delete the separate public access CNG facility and propane fueling equipment from the Project and to incorporate a public access CNG dispenser into the integrated fueling facility, to add additional construction management services for the integrated fueling facility, and to provide design and engineering services to upgrade the existing CNG fueling facility to a publicly accessible CNG fueling facility, to increase the amount of compensation for Basic Services by Fifty-Seven Thousand Two Hundred Fifty Dollars ($57,250.00); NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION I. The section entitled ~’TERMS" is hereby amended to read as follows: "i.i This contract will commence on the date of its execution by CITY, and will terminate upon the expiration of the Project construction warranty period following construction and 060828 9000050 Amend.agt Rev. July 31, 1998 acceptance of the Project by CITY, unless this Contract is earlier terminated by CITY. Upon the receipt of CITY’s notice to proceed, CONTRACTOR will commence work on the initial and subsequent Project tasks in accordance with the time schedule set forth in Exhibit 3" to this Amendment. Time is of the essence of this contract. In the event that the Project is not completed within the time required through any fault of CONTRACTOR, CITY’s city manager will have the option of extending the time schedule for the period of time. This provision will not preclude the recovery of damages for. d~lay caused by CONTRACTOR." SECTION 2. Section 5 entitled "COMPENSATION" is hereby amended, to read as follows: ~SECTION 5. COMPENSATION 5.1 CITY will compensate CONTRACTOR for the following services and work: 5.1.1 In consideration of the full performance of the Basic Services as set forth in Exhibit "A" to the Agreement, and as amended by Exhibit ~A-I" to Amendment No. I, and as amended by Exhibit ~A-2" to Amendment No. 2, and further amended by Exhibit "A-3" to this amendment No. 3, CITY will pay CONTRACTOR a lump sum fee of Three Hundred Twenty-Six Thousand Three Hundred Fifty Dollars ($317,350.00). This sum shall constitute full payment for all services and expenses provided and expenses necessary for CONTRACTOR to provide the Basic Services as amended. 5.1.2 In consideration of the full performance of the services described in Change Order No. 1 and Change Order No. 2, ("Change Order Services") CITY will pay CONTRACTOR a sum not to exceed Nineteen Thousand Nine Hundred Twenty Dollars ($19,920.00). 060828 9000050 Amend.agt Rev. July 31, 1998 5.1.3 Total Compensation for all authorized Additional Services shall not exceed Nineteen Thousand Dollars ($19,000.00). CITY’s project manager shall not authorize and CONTRATOR shall not perform any Additional Services that would result in a cost exceeding such amount, CITY and CONTRACTOR shall agree to the scope, cost and schedule for performance of the Additional Services in writing prior to CONTRACTOR commencing performance of such Additional Services. 5.1.4 Total Compensation payable under this contract for the Basic Services (as amended), Change Order Services and Additional Services shall not exceed Three Hundred Fifty-Six Thousand Two Hundred Seventy Dollars ($356,270.00). 5.2 The schedule of payments will be as follows: 5.2.1 Payment of the Basic Services (as amended) will -be made in monthly progress payments in proportion to the quantum of services performed, or in accordance with any other schedule of payment mutually agreed upon by the parties, as set forth in Exhibit "B", or within thirty (30) days of submission, in triplicate, of such requests if a schedule of payments is not specified. CONTRACTOR expressly agrees that it can perform each item described in Exhibit ~B-3" for the revised fee amount for that item set forth in Exhibit ~B-3". 5.2.2 Payment for the Additional Services will be made in monthly progress payments for services rendered, within thirty (30) days of submission, in triplicate, of such requests. 5.2.3 No deductions will be made from CONTRACTOR’s compensation on account of penalties, liquidated damages, or other sums withheld by CITY from payments to general contractors." 060828 900O050 Amend.agl Rcv. July 3 I, 1998 SECTION~3.The scope of services and project schedule contained in Exhibit ~A" to the Agreement and amended by Exhibit ~A~I" to Amendment No. I, and as amended by Exhibit ~A-2" to Amendment No0 2, is further amended to include the services and revised schedule set forth in Exhibit "A-3" attached to and made part of this Amendment No. 3. SECTION 4.Exhibit "B-I" entitled "Revised Contract Fee Schedule", and Exhibit "B-2" entitled "Second Revised Contract Fee Schedule" are replaced in its entirety and amended to read as set forth in Exhibit ~B-3" entitled "Third Revised Contract Fee Schedule", attached to and made a part of this Amendment No. 3. SECTION 5.Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. 060828 9000050 Amend.agt Rev. July 31,1998 IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. APPROVED AS TO FORM:CITY OF PALO ALTO Senior Asst. City Attorney Assistant City Manager APPROVED: Director of Public Works Director of Administrative Services Name, Name: Title: Taxpayer Identification No. (Compliance with corp. Cod~ ) 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution, attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Attachments : EXHIBIT "A-3" : EXHIBIT "B-3": EXHIBIT "C-3" : EXHIBIT "D-3 ": Amendment No. 3 Scope of Services andTimeline Third Revised Contract Fee Schedule Engineering Rate Schedule - January 2006 Certificate of Insurance 060828 9000050 5 Amend ag! Rev..hdy 3 I, 1998 Exhibit "A-3" CONTRACT C2131552 SCOPE OF SERVICES PART I:Work to be performed under Amendment No. Three to Contract C2131552 Provide additional construction management services to Item#8 of the Original Contract to include: Coordinate inspection with Fire and Building Department for all stages of construction. *Provide response to request for information (RFI) from Contractor for the duration of the construction phase. *Field verify the installation of electrical and all underground piping to ensure compatibility with future compressed natural gas (CNG). fueling facility. - Provide design services to upgrade existing CNG fueling facility to a publicly Accessible CNG fueling facility: *Perform a site reconnaissance and review existing plans to identify existing structures. Underground utilities, aboveground utilities and other appurtenances in the area where the new public fueling facility will be constructed Prepare plans and specifications to upgrade the existing CNG fueling facility to a publicly accessible CNG fueling facility. Additional design services: Perform additional design services as requested by the City during the upgrade of the existing CNG fueling facility to a public CNG fueling facility. Remaining work from the original Contract Scope of Services: #8 - Contraction Management Services This task has not yet been completed and is described in the original scope of work (Exhibit A to the Agreement). Remaining work from Amendment No. Two: PART I: Technical Support Setwices This task has not yet been completed and is described in Amendment No. Two.(Exhibit "A-2" to the Agreement) Contract C2131552 (Amendment#3)-Scope of Services - Pages 1 of 2 PART _: Project Schedule Work for the construction management services to commence when construction for the conventional fueling facility starts and will last through the duration of the construction. The City will notify Blymyer two weeks in advance. Work on the design upgrade described above will commence within ten (10) days of execution of this Amendment No. Three. PART III: Deliverables Blymyer Engineering will furnish the following items in accordance with the schedule noted in Part II above: 1.Two sets of 24"x36" plans and specifications at 100% design completion. One set of.specifications which includes General Conditions and Technical Specifications, and wilt be in CSI format. The specification documents will be submitted electronically, in a Microsoft® Word 2003 compatible format. The complete plan set will be submitted electronically, in AutoCad® 2006. or 2004 format. Contract C2131552 (Amendment#3)-Scope of Services - Pages 2 of 2 Exhibit "B-3" Third Revised Cent.tact Fee Schedule Contract ~C2131552 Table I - Integrated Fueling Facility Item 1 2 3 4 5 6 7 Fee Total ......... Description Original Fee Core Tasks $i’i~750 Manag~nent, .... Environmental $i’,900 Assessment Support ARB Support $900 Redesign based on $0 Change in p.rojeet s.eope ......... Perform an extensive $0 review of all project documents to insure compliance with all ¯ currently applicable codes and regulations ..... Technical Support during $0 Construction and Facility Startup $132,700 Contract " Amendment #1 .......... 2,000, $o $0 $2,600 $0 C0ntraet Amendment #2 so $0 $0 $24,800 $13,400 $55,000 $4;600 $93,200 C0ntr~et Amendment #3 $o $39,250.00 $o $0 $o $39,~5~ ’ Revised Fee $1,19,,7,5~ $51,400 $1,900 , L5o6’ $24,800 $13,400 $55,OOO $~69,75’0’ Table 2-Public CNG FacilRy Item Fee Total Description Original Fee ’Core ~ask ...........$’!6,200 " Additional Design $0 Services $16,200 Contract Amendment #1 ’ $,13,,400 $0 ...... $13,400 ..... Contract Amendment #2 $o $9,000 $9,000 IIC0n~a~t Amendment #3 $,!8~0b0’ $1~ooo $28160o "Revised Fee S4~,600 $19,000 $66,600 Table 3- Contract Summary Item Table 1 Table 2 C/O # 1c/o #2 Fee TotM Description ’I’n~e~ate, d Fueling Facilit~ ..... Public CNO Facilit~ ,,, Soils Study Electrical Desisn Original Fee $132,700 $16~200 ~n~act Amendment orC/OAmount $137,050 .... $50,400.. $8120 $207,370 Revi~ed Fee ....... $26_,9,75o $66,600 $8,120 $1 ],8o6 $356,270.............. i 8,9oo. EXHIBIT "C-3" Effective January 2006 Engineering Rate Schedule Principal $145.00 Engineer III 130.00 Engineer II 110.00 Engineer I 95.00 Architect III 120.00 Architect II 100.00 Architect I 90.00 Designer III 100.00 Designer II 90.00 CAD OperatorlDraftsperson 85.00 Engineering Assistant 75.00 Project Administrator 100,00 Estimator 90.00 Field Technician i 65.00 Administrative Assistant !55.00 Itemized expenses: Outside expenses will be charged at the actual cost plus 20% to cover our handling costs. Internal expenses such as mileage, copies, equipment use, etc., wiit be charged at our standard rates. Non-Itemized Expenses: In order to minimize the costs to our clients, expenses such as postage, telephone, fax, office supplies, communication software and hardware, etc., wild not be itemized. Instead, a flat rate of 5.25% of labor will be added to each invoice as a communication charge. Page 1 of 2 Pages EXHIBIT "C-3" Effective January 2006 Engineering Equipment and Materials Rate Schedule Ite_._~m CAD File Copies, CD (four file minimum) CAD File Copies, 32" disk Drawing Reproduction, D size Drawing Reproduction, E Size Drawing Reproduction, Vellum Plotting Survey Equipment TruckNan Mileage Photocopies (8°5 x 11) Rate $35.00 25.00 3.00 4.50 5.00 3.00 50.00 8.00 .5O Uni__~t File File Each Each Each Sheet Day Hour Mile Copy Page 2 of 2 Pages ACORD.,, >ROOUC~R )iverslfied Risk Insurance Brokers Jcense #0529776 ;900 Christie Avenue ~meryville, CA 94608 EXHIBIT "D-3",, BLY,MENG-0t’ C,,UJ( CERTIFICATE OF LIABILITY INSURANCE I~ 611312006 (51 O) 547-3203 T~IS ~F-’RTiFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Blymyer Engineers, Inc. Attn: Robin Davis INSURERS AFFORDING COVERAGE NAIC # ~NSURERA; American Casualty Co. ofReading, PA INSURERB: Hartford Underwriters Insurance Co,1829 Clement Avenue iNsu.ER~:i~ravelers Indemnity Co. of ConnecticutAlameda, CA 94501-1395 ...........~ ~NSURERo:Steadfast Insurance Co. I N SUR,c-.R E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R~SPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,~ ~u ~POLICY EFFEC-TIVE I I .........TR !NSRE POUCY NUMBER . DATE IMM/DD/YY’|DATE IMM/D~I .....UM~’S E~c. OCCURRE.Ce~1,ooo,bb’~~,X 92067043954 6/9/2006 61912007 "~’u~ id H~,~ .... 6/9/2007 6/9/2007 "riPE OF INSUIIL~NCE GENERAL LIABIUTY X COMMERCIAL GENERAL LIABILITY _____J C,t.~MSMADE ~] OCCUR GEN’L AGGREGA’~’~ UMIT APPLIES PER: POLICY ~-~ PRO- JE~’T ~ LOC AUTOMOBILE MA BILI’I~’ 6/912006 61912006 ALLOWNED AUTOS SCHEDULED AUTOS HIRED AUTOS X NON~niVNED AUTOS 57UECUL5449 GARAG B.LIABILJTY~ANY AUTO ~XCESSr~BREL~ L,ABlUTY ~ OCCUR ~ C~MS~O~ CUP2083018605 ~DEDUCT~LE ~RK~RS COMPENSATION AND ~ -~OYER~ E~BILiW YEUB109D433-0-06 :~ PRQPRIE~P ARTNE~EC~VE~E~BER ~LUOED? Ifyes de.be under S~Ey IA L PROVISION S, b~!~¢F ................. .. ,, ,, 6/912006 6/9/2007 .P~., .~L & ADV INJURY $ GE, N,ERAL AG. GR ,EGATE $2,000,00{ PRO~CT$ - ~MP~P COMBINED S~LE LIMIT 1,000,00C(Ea a~dent} BOD~Y INJURY(P~ pe~on) BOD~Y INJURY(~ a~denl) P~PER~ DA~G£(Per ac~O~t)$ O~ER ~NAUTO ONLY:AG( ~H ~CU~ENCE $4,000,000 AGGRE~TE ~,,,’4,0~,000 OT.~R PEC3654106-10D !Professional Liability 12/912005 t2/9/2006 Each Claim: D Professional Liability PEC3654106-10 t2/9/2005 12/9/2006 Aggregate: {;~BCRIPTION OF OPERATIONS I L0~llONS I VEH~C LEe I EXCLUSIONS ADOED BY ENDORSEMENT I SPECIAL PROVISIONS the bvent of cancellation for non-payment of premium, a 10 day notice will apply. :or Prof.Liab., the Aggregate Limit is the total insurance available for all covered claims reported within the policy period. X l’ WC STATU-1 TQRY LIMITS I E,U. EACH ACCIDENT E.L DISEASE - EA EMPLOYE| E.L DISEASE- POLICY LIMIT ~ ~’00o,00c 1,oo0,o0c 1,000,~O(: 1,0oo,00~ Design Services - Integrated Fueling Facility CERTIFICATE HOLDER City of Paid Alto Purchasing & Contract Admin. 250 Hamilton Avenue PaiD Alto, CA 94301- ACORD 25 (20Ol/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI0~ - DATE THEREOF, THE ISSUING IN SURER WILL ENDEAVOR TO MAIL 30--. DAYS WRITTEN HOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR lIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRF~ENTATIVE~. AUTHORIZED REPRESENTATIVE © ACORD CORPORATION 1988 G-17957-Gg9 (Ed. 10/011 IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPN C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS-COMPLETED OPERATIONS HAZARD." SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR’S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS- COMPLETED OPERATIONS COVERAGE This endorsement modtfie~ insurance provided under the following: COMMERCIAL GENERAL UABILITY COVERAGE PART Name of Person or Organization: SCHEDULE Designated Project: City of Palo Alto, its officers and employees Re: Design Services - Integrated Fueling Facility (Coverage under thl~ endo~ement I$ not affect~ by an entry or lack of entry In the Schedule above.) WHO IS AN INSURED (Section II) is amended to 2.Include as an Insured any person or organization, including any person or organization shown in the schedule above, (celled additional insured) whom you are required to add as an additional Insured on this policy under a written contract or wdtten agreement;, but the written contract or written agreement must be: 1.Currently in effect or becoming effective dudng the term of this policy; and 2. Executed pdor to the "bodily InJunj," "property damage," or "personal and advertising injury." The insurance provided to the additional insured is limited as follows: That person or organization is an additional insured solely for liability due to your negligence and specifically resulting from "your work’ for the additional insured which is the subject of the written cootmct or wdtten agreement. No coverage applies to liabitlty resulting from the sole negligence of the additional insured. = The Limits of Insurance applicable to the additional insured are those specified In the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclu~dva of, and not in addition to, the Limits of Insurance shown In the Declarations. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (~ectlon .V) do not apply to "bodily injury" or =property damage" adsing out of the "products-completed operations hazard" unless required by the written contract or written agreement. When coverage does apply to "bodily injury" or "property damage" adsing out of the "products-completod operations hazard" such coverage will not apply beyond: The period of time required by the written contract or wdtten agreement; or b. 5 years from the completion of "your work" on the project which is the subject of the written contract or written agreement, whichever is le~. G-17957-G99 Page 1 of 2 The insurance provided to the additional insured does not apply to "bodily Injury," "property damage," or "personal and advertising injury~ aflsing out of an architect’s, engineer’s, or surveyor’s mndedng of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, ¯ -" change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C.As respects the coverage provided under this endorsement, SECTION W- COMMERCIAL GENERAL LIABILITY CONDITIONS are amended The fotlo~tg le added to the Duties In The Event of Occurrence, Offense, Claim or Suit Conditloh: An additional insured under this endorsement will as soon as practicable: (t) Give written notice of an occurrence oP an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Pa~t; Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (4) Agree to make available any other insurance which the additional Insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional Insured under this endorsement until we receive wdtten notice of a claim or "suit" from the additional insured. Paragraph 4.b. of Condition is deleted following: 4. Other Insurance the Other Insurance and replaced with the b. Excess Insurance This Insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specif’mally requires that this insurance be either primary or primary and noncontributing to the additional insured’s own coverage. This insurarme is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the additiona! insured against any "sUit" if any other insurer has a duty to defend the additional insured against that "suit." if no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured’s rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2)The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, tf any, with any other insurance that is not described tn this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. G-17957-G99 Page 2 of 2 Attachment E BID SUMMARY Request for Proposal - IFB 114505A CONSTRUCTIONOF A NEW INTEGRATED FACILITY Date: July 18, 2006 List of Bidders (Company Name) American Construction and Environmental Services Base Bid Total $1,189,638.00 Alternate#1 $89,106.00 Paradiso Mechanical, Inc.$1,155,572.00 $145,208.00 Grand Total $1,278,744.00 $1,300,780.00 Attachment F CERTIFICATION OF NONDISCRIMINATION FORM 410 PROJECT: CONSTRUCTION OF A NEW INTEGRATED FUELING FACILITY Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto in excess of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in the performance of this contract they will not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; and further certify that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. Title of Officer Signing: Signature: CITY OF PALO ALTO IFB 114505A REBID PAGE 1 OF 1