HomeMy WebLinkAboutStaff Report 433-10TO:
FROM:
DATE:
REPORT TYPE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PUBLIC WORKS
DECEMBER 6, 2010 CMR:433:10
CONSENT
Approval of a Wastewater Treatment Enterprise Fund Contract with
TMAD Taylor & Gaines Corporate in a Total Amount Not To Exceed
$131,587 for Design of Power Monitoring and Standby Generators
Replacement Project at the Regional Water Quality Control Plant -
Capital Improvement Program Project WQ-80021
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the City Manager or his designee to execute the attached contract
with TMAD Taylor & Gaines Corporate (Attachment A) in a not to exceed amount of
$119,625 for engineering design services for power monitoring and standby generator
replacement project at the Regional Water Quality Control Plant -Capital Improvement
Program Project WQ-80021; and
2. Authorize the City Manager or his designee to negotiate and execute one or more contract
revisions to the contract with TMAD Taylor & Gaines Corporate for related additional
services as specified in the contract, the total value of which shall not exceed $11,962.
DISCUSSION
During the extended citywide power outage on February 17, 2010, the Regional Water Quality
Control Plant's standby emergency generators were activated automatically and manually. One
of the Regional Water Quality Control Plant's seven emergency generators did not work as
expected, however the Regional Water Quality Control Plant still operated successfully
throughout the nearly ten hour power outage without exceeding the Regional Water Quality
Control Plant's discharge limits. The generator malfunction highlighted the need for
replacement of the plant's older and less reliable generators. Of seven generators, four are more
than 19 years old. This contract is for TMAD Taylor & Gaines Corporate to design
replacements to the four oldest standby generators including the 26-year old generator that
underperformed during the February 17, 2010 power outage. In addition to the generator
replacements, the design will include power monitoring equipment to be installed at key
locations within the Regional Water Quality Control Plant to track power use, monitor power use
rates in real-time and provide data for potential energy demand reduction projects.
Scope of Services Description
The scope of work includes design of replacements to two stationary and two portable standby
generators, design of new power monitoring equipment, preparation of construction bid
CMR:~33:10 Page 1 of3
documents, and preparation of diesel generator air permit applications. The work also includes
assisting the City during bidding, providing technical support during construction, and preparing
the as-constructed record drawings for the project.
Summary of Solicitation Process
Proposal TitleINumber Consulting Services for Power Monitoring
And Standby Generators Replacement At The
Regional Water Quality Control Plant -
Request for Proposal No. 138402
Proposed Length of Project 12 months
Number of Solicitations for Proposal mailed 5
&/or em ailed
Total Day~ to Respond to Proposal 29
Pre-proposal Meeting Date September 14,2010
Number of Company Attendees at Pre-proposal 8 firms
Meeting
Number of Proposals Received: 8
Number of Companies Interviewed 3
Range of Proposal Amounts Submitted $98,810 to $250,860
Evaluation of Proposals
An evaluation committee consisting of the Regional Water Quality Control Plant engineering
staff reviewed the proposals. Three firms were invited to participate in oral interviews on
October 18, 2010. The committee carefully reviewed each firm 's qualifications and submittal in
response to the criteria identified in the Request for Proposal. The criteria used to evaluate the
proposing firms included: quality and completeness of proposal; quality, performance, and
effectiveness of the work plan; proposer's experience; proposer's ability to perform the work
within' the time specified; cost; proposer's financial stability; proposer's prior record of
performance with the City; and proposer's compliance with applicable laws and regulations.
TMAD, Taylor & Gaines Corporate was selected because of its innovations, understanding of
needed design services, the quality, its competitive cost proposal, and the professional
experience of the key team members.
RESOURCE IMPACT
i
Funds for this project are included in the FY 2011 Wastewater Treatment Enterprise Fund budget
Capital Improvement Program project WQ-80021.
POLICY IMPLICATIONS
Authorization of this project does not represent a change in existing policies.
ENVIRONMENTAL REVIEW
This project is exempt from review under the California Environmental Quality Act pursuant to
California Environmental Quality Act Guidelines Section 15301 (b), which includes repair and
maintenance of publicly-owned wastewater facilities involving negligible expansion.
CMR:433:10 Page 2 of3
ATTACHMENTS
Attachment A: Contract
PREPARED BY:
REVIEWED BY:
DEPARTMENT APPROVAL:
CITY MANAGER APPROVAL:
CMR:433:10
PADMAKAR M. CHAOBAL
Proj ect· Engineer
JAMES B. FLANIGAN, Senior Engineer
JAMES S. ALLEN, Plant Manager
Page 3 of3
('
CITY OF PALO ALTO CONTRACT NO.: Cll138402 ATTACHMENT A
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
TMAD TAYLOR & GAINES CORPORATE
FOR PROFESSIONAL SERVICES:
CONSULTING SERVICES FOR POWER MONITORING AND STANDBY
GENERATORS. REPLACEMENT
This Agreement is entered into on this day of November, 2010,
("Agreement") by and between the CITY OF PALO ALTO, a California chartered municipal
corporation ("CITY"), and TMAD TAYLOR & GAINES CORPORATE, a corporation in the State
of California, with offices located at 311 California Street, Suite 700, San Francisco, CA 94104
("CONSULTANT").
RECITALS
__ !he follm:v-iIlg recitals are a substantive.portion ofthis Agreement.
A. CITY intends to install power monitoring and replace standby generators at the Regional
Water Quality Control Plant ("Project") and desires to engage a consultant to design, engineer and
prepare construction bid documents in connection with the Project ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
D Optional On-Call Provision (This provision only applies if checked and only applies to on-call
agreements. )
Services will be authorized by the City, as needed, with a Task Order assigned and approved by the
City's Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-l.
Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a
specific schedule of performance and a specific compensation amount. The total price of all Task
Orders issued under this Agreement shall not exceed the amount of Compensation set forth in
Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under
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CITY OF PALO ALTO CONTRACT NO.: CII138402
an authorized Task Order and the City may elect, but is not required, to authorize work up to the
maximum compensation amount set forth in Section 4.
SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution
through completion of the services in accordance with the Schedule of Performance attached as
Exhibit "B" unless terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULT ANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of
damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit "A", including both payment
--for professional services and reimbursable expenses, shall not exceed One Hundred Nineteen
Thousand Six Hundred Twenty-five Dollars ($119,625.00). In the event Additional Services are
authorized, the total compensation for services and reimbursable expenses shall not exceed One
Hundred Thirty-one Thousand Five Hundred Eighty~seven Dollars ($131,587.00).
The applicable rates and schedule of payment are set out in Exhibit "C-l", entitled "HOURL Y
RATE SCHEDULE," which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed ~d the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l ").
If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT's payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City's project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. OUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULT ANT's supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
. Professional Services
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have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULT ANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSUL T ANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or-ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY's stl;lted construction budget, CONSULTANT shall make recommendations to the
CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materi,als under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Services. The subconsultants authorized by CITY to
perform work on this Project are:
1. HKIT Architects -"As needed" architectural services.
2. O'Connor Construction Management, Inc. -Cost estimating and construction review
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CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Naseer Ahmed as
the principal-in-charge to have supervisory responsibility for the performance, progress, and
execution of the Services and Mohan Sabapathy as the project manager to represent CONSULTANT
during the day-to-day work on the Project. If circumstances cause the substitution of the project
director, project coordinator, or any other key personnel for any reason, the appointment of a
substitute project director and the assignment of any key new or replacement personnel will be
subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's
request, shall promptly remove personnel who CITY finds do not perform the Services in an
acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the
Project or a threat to the safety of persons or property.
The City's project manager is Padmakar M. Chaobal, P.E., Public Works Department, Regional
Water Quality Control Plant Division, 2501 Embarcadero Road, Palo Alto, CA 94303, Telephone:
650-329-2287. The project manager will be CONSULTANT's point of contact with respect to
performance, progress and execution of the Services. The CITY may designate an alternate project
manager from time to time.
SECTION 14. OWNERSIDP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULT ANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval
of the City Manager or designee. CONSULT ANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
f8J[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
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agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or
wi11fu~ misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
o [Option B applies to any consultant who does not qualify as a design professional as defined
in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSUL TANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") resulting from, arising out of or in any manner related to performance or
nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18 .1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term ofthis Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
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with the execution of this Agreement. The certificates will be subject to the approval of CITY's Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereofto CONSULTANT.· Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19 .2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of
a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given
to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT 's
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise ofhislher discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 19.4,20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
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certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULT ANT: Attention ofthe project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, fmancial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
--21.~. CONSULT ANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State ofCalifomia.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appr:opriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REOIDREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred
Purchasing policies which are available at the City's Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero
Waste best practices include fIrst minimizing and reducing waste; second, reusing waste and third,
recycling or composting waste. In particular, Consultant shall comply with the following zero waste
requirements:
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• All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of30% or greater post-consumer content paper, unless otherwise approved
by the City's Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City's Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and-the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) 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 Agreement are no longer available. This section shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. The prevailing party in any action brought to enforce the provisions ofthis
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
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25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
. attachments, and schedules to this Agreement which, from time to time, may be referred to in any
~uly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident ("Personal Information"), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City's express written consent.
25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
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IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date f11"$1 above written~
CITY OF PALO ALTO
City ;Manager
__ I (Required on contracts over $85,000)
Purchasing Manager .
. __ (Required on. contracts over $25,000)
Contracts Administrator (
__ (Required on contracts under $25,000)
APPROVEI:>AS TQFORM:
Senior Asst. City Attorney
(Required on Contracts over $25,000)
Attachments:
EXHIBIT "N': SCOPE OF WORK
I.
CONSULTANT:
TMAD TAYLOR & GAINES CORPORATE
By. ~~,,+OLr,. '
Name: Mv/-htN MBkfIt7J'f-'(, 1£
Title: V {f:G e U.s ( [) EN,
EXHlBIT ''B'':
EXHmIT "C":
SCHEDULE OF PERFORMANCE
COMPENSATION
EXHIBIT "C-l":
EXHlBIT "D":
I
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
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.,.
CITY OF PALO ALTO CONTRACT NO.: C11138402
I. INTRODUCTION
EXHIBIT "A"
SCOPE OF SERVICES
The City of Palo Alto, Department of Public Works, Regional Water Quality Control Plant
(RWQCP) intends to replace four of the plant's seven older emergency power generators.
Consultant services shall include sizing, design, automation and permitting of two portable and
two stationary emergency power generation systems and design of a power monitoring system at
the RWQCP. As an option, the City may choose to replace the existing portable generator sets
with stationary sets. The Consultant (Engineer) shall provide engineering services during all
phases of the project from preliminary options assessments, design and permitting through
support in commissioning/start up.
II. BACKGROUND INFORMATION
The Palo Alto Regional Water Quality Control Plant (RWQCP or Plant) treats wastewater from
six communities (the Partners). The City of Palo Alto (City) owns and operates the RWQCP.
The service area is a mix of institutional, residential, and commercial uses consisting of
approximately 223,100 residents. The Plant has a design capacity of39 mgd, average treated
flow of 22 mgd, and a wet weather capacity of 80 mgd.
The Plant was constructed from 1970 to 1972 at the site of the pre-existing Palo Alto wastewater
treatment plant built in 1934. The Plant was upgraded to tertiary treatment in 1980. Plant
capacity was increased in 1988. Wastewater treatment facilities include primary sedimentation,
fixed film reactors (FFR), activated sludge aeration and nitrification, secondary clarification,
dual media filtration (DMF), ultraviolet disinfection (with redundant sodium hypochlorite
disinfection and sodium bisulfite dechlorination), followed by outfall discharge to the San
Francisco Bay. Biosolids are thickened, dewatered on belt presses, and incinerated in multiple
hearth furnaces (Incinerators) before ash is hauled to offsite disposal. Recycled water is
coagulated, filtered, disinfected with sodium hypochlorite, stored, and pumped to customers in
Palo Alto and Mountain View.
III. SCOPE OF WORK
A. General
The consultant shall size, design, develop specifications including automation, prepare bid
documents and facilitate the air permitting for two portable and two stationary
emergency/standby power generation systems. In the event of electric power failure the
control system designed shall commence the sequence of automatic power transfer; i.e.
start generators and automatically pick up the load. Upon resumption of the grid power
supply, the Plant prefers the option of manual switchover. The new replacement generators
shall be as follows:
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• One portable generator to sustain the operation of Fixed Film Reactors (FFR) will be
located west of the FFRs by the aeration tanks.
• One portable generator to sustain the operation of Dual Media Filters (DMF) will
be located at the south west comer of the building.
• The two generators for FFR & DMF, shall be designed to be paralleled together
to provide (N+ 1) generation. The system shall be designed so that either one or
both generators come online in the event of grid power failure, depending on the
loads that need to be serviced. The system shall be programmed such that loads
can be added or shed depending on the criticality of the plant operation.
• As an option; City may choose to have stationary standby generators for above
(FFR and DMF) services at same location or at another more suitable location;
instead of portable generators.
• Two stationary generators to sustain the operation of head works, both old and
new raw sewage pumping plants, part of the solids incinerators, and equipment in
the building known as the 'chlorine building'. The stationary generators shall
replace two existing stationary generators located in the New Pumping Plant
(NPP) building.
• The two stationary generators in NPP, shall be designed to be paralleled together
to provide (N+ 1) generation. The system shall be designed so that either one or
both generators come on line in the event of grid power failure, depending on the
loads that needs to be serviced. The system shall be programmed such that loads
can be added or shed depending on the criticality of the plant operation.
The existing portable generator at the FFRs currently must be started manually in the event
of power failure. The consultant shall design a system that automates generator startup and
power transfer, and sends the generator operating status signal to the local PLC for tie~in to
SCADA system. The project ends at the local PLC, Plant staff will integrate the signal into
the SCADA system.
To facilitate the periodic testing of the standby generators; the Consultant shall size and
specify appropriate load banks; research and review the options such as installation of a
stationary load bank on a common bus, portable load bank or individual load bank for each
generator.
Consultant shall research and evaluate methods and systems to place the four new
generator sets on a common bus so that emergency power is available to the NPP, FFR and
DMF, in the event one of the generators is out of operation. ,
Consultant shall also review the option and prepare a technical memorandum to the City, to
tie four new standby generators and the existing 3 standby generators on a common bus, so
that each treatment area of the plant always has standby power available.
Inaddition, the Consultant shall design; develop specifications, and prepare bid documents
for installation of power/load monitoring or metering instrumentation at various load
centers in the plant. Nine load centers have been identified to receive power
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meter/monitors (Refer to Utility Plan U-7 and the Load Center Table). Currently, some
locations have power meters installed. Consultant shall verify their functionality,
compatibility and evaluate if the existing meters need to be replaced or upgraded.
The power monitoring system shall be capable of transmitting the power usage data to the
plant's SCADA system in real time. This shall enable the plant operators to track and
record the power usage remotely.
The Consultant shall evaluate, with information from Plant instrumentation staff, if the
local PLCs have the spare capacity for the power monitoring signals. If required, the
Consultant shall design additional equipment and/or wiring to connect to Plant's SCADA
system. For construction project, the contractor will install the instrumentation and run
wires to local PLC for Plants SCADA system. The Plant staff shall integrate the signals
from the new power monitors into the SCADA system.
The Consultant shall prepare the bid package to include; procurement of two portable
emergency generators; procurement and installation of stationary emergency generators;
and for installation of load/power monitoring instrumentation at various load centers in the
plant.
The design/specifications shall comply with all local, state, and federal rules and
regulations such as EPA's Clean AirNon~road Diesel rules EPA420-F-04-032, the Bay
Area Air Quality Management District (BAAQMD) administrated Statewide Air Toxics
Control Measure (ATCM) for Stationary Diesel Engines (portable engines may be exempt
from the stationary ATCM), California Air Regulatory Board (CARB) adopted ACTM.
Additionally, the design/specifications for the portable generator sets shall comply with
requirements of Department of Transportation (DOT) and Federal Motor Vehicle Safety
Standards (FMVSS).
Consultant shall perform the design in phases. The design goals and deliverables shall be
performed for 30% design and 90% design. At the completion of each phase of design,
consultant shall submit the design package and meet with City staff to review the submittal
and discuss comments. The intent of the design review meeting is to solicit and compile
comments and address/resolve issues. Design drawings shall be prepared in AutoCAD and
PDF, and specifications shall be prepared in Microsoft Word for use by the City.
B. Tasks
The Consultant's scope of work shall include, but not necessarily be limited to the
following:
Task 1 -Design
Design 30% -Develop Design Criteria
• Review the power requirement for each generator set service area.
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• Evaluate and recommend optimum size and type of generator for each service area.
• Develop plan for automating start up of the FFR portable generator in response to
power interruption, including tie-ins with plant's ATS and communication with
plant's SCADA network.
• Research, evaluate and prepare a technical memorandum outlining the pros and
cons of stationary generators versus portable generators for servicing the FFR and
DMF areas.
• Validate the capacity of existing above ground diesel fuel storage tank for the
stationary generators at the N.P.P.
• Develop the outline of plan for the replacement of stationary generators in the N. P.
P.
• Determine what permits will be required for the emergency generators; and the
permit requirements, the application materials required and the steps involved in the
permit process.
• With input from Plant staff, establish the power monitoring criteria, such as,
Number of, type of, and location of power monitoring meters.
Power monitoring equipment features.
Schematic of power monitoring system showing meter location (e. g.
-. ",hien load center) equipment monitored (powereaby conductor) and tlie -
connection to (interface with) the existing PLC and/or SCADA system.
• Recommend a portable power metering and data recording/storage device that can
be temporarily connected to individual equipment to record and store data which
can be transferred to a computer or SCADA system.
• For the 30% design review, prepare a technical memorandum outlining the basis
of design, preliminary system sizing and performance specifications, and
preliminary layout. '
• Provide four sets of drawings, specifications, and other 30% deliverable
documents.
Design 90% -Power Monitoring and Standby Generators
• Consultant shall incorporate all the comments and concerns issued during the
previous review. The design shall be the true reflection of City's intent for this
project.
• The generator specifications shall meet the following objectives:
Meet the Plant's electric power needs for the specific treatment areas.
Meet all EPA and BAAQMD requirements for Compression Ignition
Engines (CIE).
The generator automation shall communicate with the RWQCP'sSCADA
system.
Comply with provisions of the latest California Electric Code (CEC).
• The design shall include the installation details, specifically for the two stationary
generators in the N. P. P. This includes civil and structural engineering for the
installation of the stationary generators. (Note -The City may choose to have
statipnary generators for all four service areas).
• The design for power monitoring system, including the specifications for portable
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power monitor.
• Provide four sets of drawings, specifications and other 90% deliverable
documents.
Design Final-Power Monitoring and Standby Generators
Consultant shall perform final updates derived from City's comments and Consultant's
own internal quality control and audits.
• The system design at this stage will include construction documents with plans,
specifications, design calculations and final construction cost estimate.
• Prepare the design package to secure applicable permitting and soliciting
construction I procurement for each task.
• Provide one unbound copy and one Microsoft Word electronic copy of final
specifications for the bid package.
• Provide two wet stamped hard copies, one digital copy in PDF format and one in
AutoCAD 3D Civil 2010 format ofthe final stamped plans. Provide two hard
copies & one digital copy in MS Word format of the final specifications for the
package.
Task 2 -Permits and Environmental Documents
• The new generator sets must be permitted by the Bay Area Air Quality
Management District under the Regional Water Quality Control Plant's Permit to
Operate. The specifications shall include compliance with the regulatory limits
applicable for emergency standby diesel generators that are imposed by the Bay
Area Air Quality Management District, including Airborne Toxic Control Measures
(ATCM) regulations. The individual regulatory limits shall be specifically stated in
the specifications, so that bidders are required to provide information about their
product's compliance with each applicable limit.
• The consultant shall prepare the applications for all the required permits and shall
assist the City in obtaining them.
• Prepare application and support documents for CEQA Categorical Exemption. If
and as required; prepare application and support documents for mitigated negative
declaration.
• If and as required; prepare an application for an Authority to Construct (A TC) for
submittal to the Bay Area Air Quality Management District (BAAQMD) in
sufficient lead time to receive ATC for the project schedule. The task deliverable
shall include submittal of all requisite application forms and information, design
plans and details, equipment specifications, and air emissions estimates.
• Ifand as required; attend up to four (4) meetings with regulatory agencies such as
BAAQMD, CARB etc.
• Respond to BAAQMD's comments and assist in securing the ATC, as required.
Task 3 -Deconstruction of Existing Stationary Emergency Generators
• The consultant shall develop a plan and write procedures to de-construct the two
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existing stationary emergency generators in the N. P. P. building.
• The work plan should place emphasis on minimizing exposure time during
replacement of existing generators with new ones. 'Exposure time' is defined as the
duration when the plant equipment is operating without any backup power.
• The work plan shall include provisions and details for hooking the N.P.P. and
associated loads to temporary / portable emergency generators while existing
generators are being removed and new ones installed. The City, at plant manager's
discretion, may choose to rent temporary standby power while this work is being
performed.
Task4 -Services During Bidding
• Consultant shall assist the City in preparation of one construction bid package.
• Consultant shall respond to the requests for clarification and/or information from
prospective bidders.
• Consultant shall assist the City with preparation of Project addenda and furnish
the originals required for said addenda.
• Consultant shall attend and assist the City at the pre-bid conferences and the walk
flirough.
Task 5 -Services During Construction
• Consultant shall review submittals from the contractor for conformance with the
Contract Documents. The Consultant shall review and return the submittal
comments to the City within seven calendar days.
• Consultant shall prepare written response to the Request for Information (RFI)
submitted by the contractor. The Consultant shall review, comment and return the
RFI responses within seven calendar days.
• Consultant shall review and validate the Contract Change Order requests submitted
by contractor for accuracy and correctness, as requested by the City.
• As requested, the Consultant shall attend periodic Project Progress Meetings with
the Contractor. Please allow for one meeting per month, at the minimum, during the
construction phase.
• The Consultant shall provide the technical support to the City during start up and
commissioning of the new emergency generators. The Consultant shall work with
Contractor and equipment (generator) manufacturer's representatives, as requested
by the City.
• The Consl,lltant shall assist the City in monitoring, documenting and/or validating
any testing required by the permitting agencies.
• The Consultant shall review the "as-built" or "red line" drawings and documents
maintained by the contractor during construction. Upon construction completion,
the Consultant shall prepare one full size, one half size (11 "Xl 7") set and one
electronic copy of the record drawings. The electronic copy shall be in AutoCAD
3D Civil 2010 format. The record drawings shall consist of annotated contract
drawings and electronic files showing changes in design and construction.
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IV. INFORMATION TO BE PROVIDED BY THE CITY
The Consultant will be given a copy of existing documents as follows:
• Relevant drawings ofN.P.P. and other RWQCP.
• Any available electric load infonnation.
• Any available drawings and manuals of existing generator sets.
'":" End of Scope -
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days specified below. The time to complete each milestone may be increased or decreased by
mutual written agreement of the project managers for CONSULTANT and CITY so long as all
work is completed within the term of the Agreement. CONSULT ANT shall provide a detailed
schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to
. proceed.
Milestones
1. Design 30% -Develop Design Criteria:
2. Design 90% -Construction Documents:
-3. 100% Construction Documents:
Completion
No. of Weeks
FromNTP
6
13
19
4. Deconstruction of Existing Stationary Emergency Generators: 21
5. Permits and Environmental Documents:
6. Services During Bidding:
7. Services During Construction:
18
23
TBD
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CITY OF PALO ALTO CONTRACT NO.: C11138402
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule attached
as exhibit C-1 up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed
$119,625 .00. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $131,587.00. Any work perfoimed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY's project manager may approve in writing the transfer of budget amounts
betweeg. any of the tasks QI categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $119,625.00 and the total
.. compensation for Additional Services does not exceed $11,962.00.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1
(Design)
Task 2
(Permits and Environmental Documents)
Task 3
$51,000
$14,750
$17,125
(Deconstruction of Existing Standby Generators)
Task 4 $8,700
(Services During Bidding)
TaskS $24,050
(Services During Construction)
Sub..:.total Basic Services $115,625
Reimbursable Expenses $4,000
Total Basic Services and Reimbursable expenses $119,625
Additional Services (Not to Exceed) $11,962
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Maximum Total Compensation $131,587
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, third-party
reproduction service charges, facsimile transmission and postage charges are reimbursable at
actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $1,000.00 shall be approved in advance
by the CITY's project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY's project manager's request,
shall submit a detailed written proposal including a description of the scope of services,
schedule, level of effort, and CONSULTANT's proposed maximum compensation, including
reimbursable expense, for such services based on the rates set forth in Exhibit C-l. The
additional services scope, schedule and maximum compensation shall be negotiated and
agreed to in writing by the CITY's project manager and CONSULTANT prior to
commencement of the services. Payment for additional services is subject to all requirements
and restrictions in this Agreement
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
(i) Detail engineering and construction bid packages to put:
(a) four new standby generators on common bus/local grid, or
(b) four new plus three existing standby generators on common bus/local grid;
(ii) Attending more than four (4) meetings with regulatory agencies, such as BAAQMD,
CARB, etc.
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EXHIBIT "C-l"
HOURLY RATE SCHEDULE
POSITION
TMAD TAYLOR &; GAINES
Principal
Project Manager
Project Senior Engineer
Construction Administrator
Engineer
Designer
CADD Operator
Word Processor/Clerical
HKIT ARCIDTECTS
Principal-in-charge
Project Architect
Senior Specification ResearchlWriter
Draftsperson
O'CONNOR CONSTRUCTION MANAGEMENT, INC.
Senior Estimator
Constructability Reviewer
21
HOURLY RATE
$198
$175
$155
$135
$135
$120
$85
$65
$175
$128
$135
$85
$150
$145
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CITY OF PALO ALTO CONTRACT NO.: Cll138402
EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES
WITH AM BEST'S KEY RATING OF A-:VII, OR IDGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN
THE STATE OF CALIFORNIA. .
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
YES
YES
YES
YES
YES
YES
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION STATUTORY
EMPLOYER'S LIABILITY STATUTORY
BODlL Y INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
LIABILITY COMBINED.
BODILY INJURY $1,000,000 $1,000,000
-EACH PERSON $1,000,000 $1,000,000
-EACH OCCURRENCE $1,000,000 $1,000,000
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
-----.-
BODILY INJURY AND PROPERTY $1,000,000 $1,000,000
DAMAGE, COMBINED
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOTONL Y CONTRACTOR AND ITS SUBCONSULTANTS,
IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL
INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INSUREDS"
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
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THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMlUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (1 0) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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Professional Services
Rev June 2, 2010
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related to contract\Contract Cll138402 TMAD TAYLOR.doc