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HomeMy WebLinkAboutStaff Report 1410City of Palo Alto (ID # 1410) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/20/2011 June 20, 2011 Page 1 of 3 (ID # 1410) Summary Title: Replacement of Gas Receiving Stations 1, 2, 3, & 4 Title: Approval of a Utilities Enterprise Fund Contract with Dresser, Inc. in an Amount of $935,700 for Supplying Regulating Equipment for Rebuilding of Gas Receiving Stations 1, 2, 3, and 4 Capital Improvement Program Projects GS- 09000, GS-08000, GS-10000, and GS-11001 From:City Manager Lead Department: Utilities Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute the attached contract with Dresser, Inc. in an amount not to exceed $935,700.00 for Supplying Regulating Equipment for Rebuilding of Gas Receiving Stations 1, 2, 3, and 4 Capital Improvement Program Projects GS-09000 (Station 1), GS-08000 (Station 2), GS-10000 (Stations 3), and GS-11001 (Station 4). Background The project involves the redesigning and replacement of Gas Receiving Stations 1, 2, 3, and 4. These gas stations provide metering and pressure control functions at the four receipt points from the PG&E transmission system. Rebuilding of the Gas Receiving Stations is required to modernize aging equipment and controls at the Gas Stations. These stations are on average over 44 years old. The work under this contract includes: a comprehensive evaluation of the existing gas receiving stations and site conditions, design of replacement piping and control systems, preparation of design drawings, remote fabrication of proposed facilities, hydro static pressure testing and calibration of each completely assembled station, and disassembly and transportation of the new systems to each designated site. City staff will assemble this equipment on each of the sites. Discussion This Request for Proposals was sent out on 3/23/2011. A summary of the proposal process is in the following table. June 20, 2011 Page 2 of 3 (ID # 1410) Proposal Description/Number Supplying Regulating Equipment for Rebuilding of Gas Receiving Stations 1, 2, 3, and 4 Capital Improvement Program Projects GS-09000 (Station 1), GS-08000 (Station 2), GS-10000 (Stations 3), and GS-11001 (Station 4). Proposed Length of Project 4.5 months Number of Proposals Mailed 7 Total Days to Respond to Proposal 24 Pre-proposal Meeting Date April 6, 2011 Number of Company Attendees at Pre-proposal Meeting 4 Number of Proposals Received:1 Company Name Location (City, State)Selected for oral interview? 1. Dresser, Inc.41 Fisher Ave, Bradford, PA 16701 Yes Range of Proposal Amounts Submitted $935,700.00 Dresser, Inc.’s proposal was the only proposal that was received. Other firms did not submit a proposal due to the complex and highly specialized work, the delivery schedule, and the availability of manufacturing facilities for remote fabrication and testing. An evaluation committee consisting of Utilities Engineering and Operations staff reviewed the proposal. Dresser, Inc was invited to participate in oral interviews on April 18, 2011. The committee carefully reviewed the firm’s qualifications and submittal in response to the following selection criteria identified in the Request for Proposal (RFP): ·Submittal detail and completeness ·Ability of the firm to perform work within stated schedule ·Past experience and capabilities of the proposing company ·Price The Dresser, Inc. proposal is recommended for award because they demonstrated that they had the experience and capability to perform the required work within the stated schedule and allocated budget. The new gas receiving facilities will be fabricated in accordance with the latest requirements of all applicable codes and regulations, increase safety and reliability of the gas distribution system, and minimize costs associated with the stations’ maintenance. The new stations’ overpressure protection systems will be designed to eliminate the venting of gas to the June 20, 2011 Page 3 of 3 (ID # 1410) atmosphere during an overpressure event reducing the City’s contribution to greenhouse gas emissions. The work is being performed by contract because the project requires manufacturing facilities for remote fabrication, assembly and testing of the stations. Resource Impact Funds for this capital project are available in the Gas Capital Improvement Program budgets GS- 09000 (Station 1), GS-08000 (Station 2), GS-10000 (Stations 3), and GS-11001 (Station 4). Policy Implications The approval of this contract is consistent with existing City policies. This recommendation is consistent with the Council-approved Utilities Strategic Plan Key Strategy No. 1, “Operate distribution system in a cost effective manner,” Strategy No. 7, “Implement programs that improve the quality of the environment” and Objective No. 2, “Invest in utility infrastructure to deliver reliable service.” Environmental Review This project is categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (b) repair, maintenance of existing facilities and 15302 (c) replacement or reconstruction of existing facilities. Attachments: ·Attachment A: Final Contract (PDF) Prepared By:Aleksandr Pishchik, Sr. Project Engineer Department Head:Valerie Fong, Director City Manager Approval: James Keene, City Manager CITY OF PALO ALTO CONTRACT NO. CII 140)21 AGREEMENT BETWEEN THE CITY OF PAW ALTO AND DRESSER, INC. FOR PROFESSIONAL SERVICES This Agra:menl is enTered into on this 20Tll day ofJune20] I, (HAgreement') by and between the CITY OF PALO ALTO, a Cali fornia clw1ered municipal corporaTion (~CITY"), Bnd DRESSER, INC.,. Delaw.re corporation, 10000ted PI 41 Fisher Avenue, Bradford, Pennsylvania 1670] ("CONSULTANT"). Rf:CITALS The followi n" re(:itals are • substantive portion of this Agreement. A. CITY intends to rtdesign and rebuild Gas Re(:eiving Sta tions 1,2,3 and 4 ("Project'') and desires to engaae a consultant to design. fabricate and assemble the four gas receiving stations in conne<:lion with the Project ("Services"). B. CONSULTANT his represented Ihal it has the necessary professional expertise, qual ifications, and car-bilily, and either has or r.lJall endeavor 10 obtain all required licenses and/or certifications to provide' the Services. C. CITY in re li ance on these representations desires 10 engage CONSULTANT 10 provide the Services as more fully described in Exhibit "A", allachtd to and made a part orthis Agreement. NOW, THEREFORE, in consideration of 'he recitals, covenants, terms, and conditions, contained in tIIis Agreemen t. the part~s agree: AGREEMENT SECTION I. SCOPE OF SERVICES. CONSULT ANT shall perform the Services described in EJchibit "A" in IICcordance with tile terms and conditions contained in this Agreement. TIle performance of.U Services shaU be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreemenl shall be from the date of its full execution throogh completion of tbe Sl'rvices in accordance with the Schedule of Performance attached 15 Exh ibit ~B-unless terminated earliCT p"nualit lO Section 19 of Ihis Agreement. Time is of the es5Cnce in Ihe performance of I ~ml~"~',''''~~"= withill tbe lerm of Ib is Agreement and in aa:ordarK:e with the schedule set forth in. Exhibit "B", altaChed 10 and made a jJIIn of this Agreemellt. Any Servicel for which times fOl' performance art: nOl specified in th is Agreement shall be commenctd .nd eomplettd by CONSULTANT in a reasonably prompt and ,F,' ,_ .... _1.2111. limely manner bascd upon Ihe cireumstances and direction communicated to the CONS ULTANT. CITY 's agreement 10 ederKIlhe term or Ihe schedule for performance shall nol preclude recovery of damages for delay if Ihe e~tension is req uired due to the fault of CONSU LTANT. Liquidated damages shall be CONSULT ANT'S sole obligation for delay claims and CITY'S exclusive remedy for delays in perfonnance of the Servkes, Liquidated damages are lim ited to 0,5% of the va lue of the Agreemenl per week bUI shall in no event exceed 5,0'/. of the total value of the Agreement. In the eve nt thai delivery is delayed at the request of CITY for a maximum time period of ten (10) days aner notification by CONSU LTANT Ihatthe goods andlorcquipment are complete and ready for delivery, CIT Y Igrees 10 accept shi pment of lhe goods andlor equi pment al site or 10 CITY 's desigll8led storage location at CITY's risk and expense and pay CONSUL TANT forall completed goods and/or equipment as of dale of readiness 10 ship. StOr1lge COSI, maintenance of the goods Indlor equipment during 5tOr1lge and delivery after stOr1lge are the responsibility of CITY . Title and risk of las! in the goods andlor equipment shill pass 10CITY at timeofdelivery to site or storage al CITY', op(ion. f.~~~~~~:~::~:!~~~~ The compenSl1ion to be pa id 10 Exhibil M A ", including bolh paymenl i I expenses, shallllOl exceed Nine Hundred Thirty Five Thousand Seven Hurtdred Dollars ($935,100). SECTION 5. INVOICES. CONSULTANT shallliubmit invoices 10 the CITY descn"bing the services perfOl'TTlCd and , or products supplied and the appl icable eharges (iocluding reimbuneable expenses), based upon the CONSULTANT', compensation per lask (set forth in Exhibit MC'). If appl icable, lhe invoice shall liso describe the percentage of completion of each task. The information in CONSULTANT'. invoices shall be subje<:t 10 verification by CITY. CONSULTANT shall send all invoiccs to the City', project manager at the address specified in Secrion 13 below. Invoices shill be paid within ()O) day. of the date oflhe invoice. All of the Services shall be ~2.~~~~:~~~~~~~~~~~~~~~~;~CONSULTANTrepn:senIS perform the Services required Ihatthe personneillave surrlCient skill and e~perience 10 perform the Setvices CONSULTANT represenl$lhat it. its employees and subconsultants, ifpermilled, have and shall maintain during the tcnn of this Agretmenl all licenses, pennils, qualifications, in$\lran~e and approvals of whatever nalure Ihat are legally required to perform the Services, All of the services to be furnished by CONSULTANT under this a&rccment shall meet the professional standard and quality that prevail among professiona ls in Ihe same discipl ine arKI of similar knowledge arKI skill engaged in related work Ihroughou t Cali fomia under the same or similar circumstances. SECTION 7. COMPLIANCE WIT H LAWS. CONSUL TANT shall keep itself informed orand in compliaoce with all federal , Siale and local laws, ordin.oces. regulalions, and orders applicable to CONSULT A!'IT'S performance under this Agreement. CONSU LTANT sha ll procure all pennils and licenses. pay all charges and fees, and give all notices requ ired by law relaled 10 , "' .. ,ioo.lS, ... ~ .. kn._l.lOLO LoC~[IIJ'IJ Ret! .soLICIT" T !ONSICURRENT Bun R.c". I'OI.DUS U'TI unES • c "~OL VI<N' • rl'>1 I oIGlll RdIoild.R ....... ",.nolC_ncll tOO)lt .f ... lC-.<> ..... CONSU LTANT 'S performance under this Agreement. SECTION 8. NOT APPLICABLE. If this Agreement pertains to the design of a public worts :r,:~~:::~:::::: estimates of probabl e constt'\lclion COSIS al each phase of II construction cost at any subminal exceeds ten percent (I (lOA.) CITY's Slated conslruction budget, CONSU LTANT siY.1I make reeommendalions to the CITY for aligning the PROJECT design with the budKet, incorporate CITY approved recommendat ion.!:, and rev ise the design to me<:t the Project budget, al no additional cost to CITY. It is understood and agreed tiY.t in performing -';:';;~~;:~~~.~' ~¥.:~:~t Ind any person employed by or contracted with C<!NSUL TANT to labor and/or material! umkr this Agreement, shall &et as and be an indepen.dent con tractor and not an agent or employee ofthe CITY. ~I i CONSULTAN"Tshall not assignor ~~~~~~~.~Th~:'~"':-;;:i'~~~:!;~;.~'~',,'the exper1ist and experience of transrer Iny interest in Ihis Agreement nor the pcrfOl"TIlalll;.e ofany of CONSUL T ANT's obligations hemuKIer withoutlhe prior wrinen consenl oflhe city manacer. Consent 10 one assignment will not be deemed to be eonsent to any subsequ<:nl assignmenl. Anyassignmenl made wilhoulllle approval of tile city mana~r wi ll be void. ~;;~~~~,d;~::'::: the wort of any suboonsultants and for any 10 ~~ II ( assumes no responsibility wM;tsoever concerning compcn$lltion. CONSU LTANT shall be fully responsible to CITY for all acts and omissions of I 5ubconsulLant CONSULTANT shall change or add sulx:onsultants only with the prior approval of the city manage r or his desicnee. '. prescnl a th~at 10 the pcTsons or property. . , CONSULTANT will assign a ~presenta\i\l(: to work on the Project. If cin:um5tances cause the TANTwillsoadvisc the City. CONSUL TANT,al I i of the Projcel or • to the ,.fety of The City's pro;ecl manager i5 Aleksandr Pishchik, UlililiC1 Depanment , Enginttring Division, 1007 Elwell Coon, Palo Allo, CA 94303, Telephone (650) 566-4 S2 1. The projcet manager will be CONSULTANT's point of contact with respect to pcrfO!Tlllloce, prOgfC$$ and execulion of Ihe Services. The CITY may desi gnate an alternale project manage r from lime to lime. S~:CTIQN 14, OWNERSHIP OF MATERIALS. Upon delivery and full payment therd"ore,.11 PI· =1_ .... _I.lCIO , \\C<o ..... WoatocMSO\I'I}!lCH .sOI.ICIT A TIONS'C\JU EN7 BUY ER-CM fOLOE.O:S'IJT1 LilIES· CA. CIt. YNtr·kFI'I" OOJII _loI.k_ ........ _.C-nc.,'OOJ1I.F ... ~(" __ WOtX product, including .11 writings II1d dn.wings-developcd specifICally for.nd provide 10 CITY under this .... greement shan be and remain the e1;cJusive property of CITY. Upon full payment of all sums due by CITY , CONSULT .... NT grants to the CITY a non-e1;clusive right and license 10 use and copy such wri tinas and drawings in conneclion with the normal and specified use ofthe goods and servie<:s provided hereunder. CONSU LTANT makes no representat ion oftM suitabil ity orthe work product for use in or application to circumstances not contemplated by the seope o{the work. SECTION 15. AU DITS. CONSULTANT will pennil CTTY 10 audit, upon at least five (~)da)'S prior written OOlite and during CONSULTANT'S nonnaI business hours, durin&!he tennofthis AJiu"k!ttl and for three (JJ yeatS therealler. CONSULT ANTh ~ pertaining directly to CONSULTANT'S savices underthis Agreement. CONSU LT ANT fu rther agrccs 10 maintai n and re*,in such records for al least three {3J years aller the upiration or earlier tmnin.alion of th is Agreement SECTION 16, INDEMNITY. 16.1. CONSULTANT shill pmlecl. indetmifY. defend and hold harmlc:$$ CITY. il5 Cou.neil members, officers, emplo)u:s and agents (each an "Indemnifi ed Party") from and 19ainst any and I II demands, claims, or liability. ineluding death or injury 10 lIly penon. properly damage or any Miler loss, including all costs and expenses including reasonable &II\JI,0ey5 fees. expe!tS fees. (:(ll/1 COSISIIlcI disbJn;cments("Claims"), by a non-affiliated third pany, Ihatarise directly out of the negligence, rec klessness, or willfu l mi sconduct of the CONSULTANT, its officers, employees, agents or contrac ton in performing the serv ices under this Agreement. 16.2. Notwithstandi ng Ihe above, nOlhing in this Section 16 sha n be construed to require CONSUL TANT IO indemnifY an Indemnified Party from Claims arising from the negligence, sole negligence or willfu l misconduct of an Indemnified Part)'. SECTION 11, WA IVERS. The waiverbyei therpart)'ofanybrnchor viol.tion o(anycovemonC, term. condition or provision o r this All "'''iCllt, or of the provisions of any ordinance 01' I.w, wil l 001 be demled to be a waiver of any other lenn, covenant, condi tion, provisi0n5, ordinance or law, or of any subsequenc breach or violation of the same 01' of any olher term, covenant. condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSU LTANT. at ils sole cost and eltpensc, wI! obtain and mainUlin, in fun force and effect during the term ofthi, Agreement, the insurance coverage desc ribed in Elthibit ~O". CONSULTANT and its con tractors, ifany, shall oblai n a policy endorsement incl uding CITY asan addi tional insured under Iny gener.l liabiliry or automobile policy or policies. IS.2. All insurance coverage required hereundcr shall be provided thTO\Jgh calTien wi th AM Best's Key Rating Guide ratings of A-:VlI or higher which are licensed or authorized to transact insurance business in the Stlte of California. Any and all contracton of CONSUL TANT retained to perform Services under this Agreerr..-.nt will obtain and maintain, in full {orce and effect during the term of this Agreemenl, identica l insurance coverage. , flo ' _ _ ._l.N!1 , \'Cc-..MSlN'\lKIf\SOI.JCIT'" T1OtIS'CU ... flfT IfUYf'.().I fOlDEltS\I1I1l.ITII' CldOl.. Y _ u ... · '.Jl' -.-,·_· .. _.c_rc!!!.CIl21.,. .... C ...... .. I S.3. Certirocates evidencing $UCII insuranl:e sllall be filed willi CITY concurrenlly wilb Ille execulion of this Agreement The in$Urance will no! be CIIncded, or malerially reduced in coverage or limits. by tile insurer eJlceptlfter filin& wilh tile Purtbasing Manager Ihirty (30) days' prior written noti«: of tile canull8tion or modifocation, and CONSULTANT shall be responsible for ensuring thai cu.rn:nt certificates evidencing the il\SW1lnce are provided [0 CITY's Purchasing Manager during tile entire term of this Agreemenl. SECTION 19. TERMINATION OR SUS PEN SION OF ACREEM£NTOR SER\lICr..5. 19.1. The City Manager may suspend tile performance of the Services, in whole or in pan, wilh or withou! CIIU5e, by giving ten (ID) days prior wrinm noIK:e Ihen:ofro CONSULTANT, or terminate this Agreement, wilh or without causc, by givin& thirty (30) days prior wrinen notice thereof 10 CONSULTANT. Upon rettipt ofJUCh notice, CONSULTANT will immediately, or as soon as is praclical, discontinue its performance of the SeIVicn. 19.2. CONSULTANT may terminate this Agn:ernenl or suspend ilS performance of the Services by giving thirty (30) days prior wrillen notice thereof 10 CITY, but only in the event of a subslantial fa ilure ofperfonnance by CITY, including, but not limited to failure 10 pay any invoice when due. 19.3. Upon any such suspension or tenninlltion, CONSULTANT shall be paid forthe SeIVices rendered, goods or products produced for CITY, or ma terials sourced for the Projccl in accordance with the scope ofSelVices and/or $.rope of Work on or before the effective date (i.e., 30 days after giving nOlice) ofsuspension or termination. Upon full payment or all sums owed by CITY, CONSULTANT shall delivcr to the City Manager any and .11 copies of studies, sketches, drawings, computalions. and other data, whether or not completed, prepared speci fically for the CITY by CONSULT ANT or its oontnocloB, if any, or givm 10 CONSULTANT or its oon~ if any, by CITY in C(lJUlCCIioo with this A&,~"lelll Such materials will become tile prope"Y of CITY. 19A. The following &crions will swvivc any e~piration or lenninalion of this Agreemc:nl; 14, I 5, 16, 19.4, 20, and 25 . 19.5. No payment, partia l payment, accepl8r"I(C, or partial K(:eptanee by CITY will operatc as a wliveron tile pan orCITY orany ofilS rigbl$ under this Agreement. SECTION 20. NOTICr..5. All DOtices hereunder will be given in writing and mailed, po$tagc prepaid, by certified mai l, addressed as follows: To CITY: Office or tlle City Clerk Cily of Palo Alto PostOfficc: Box 10250 Palo Alto, CA 94303 With a copy to the Purc hasi ng Manager • 1'1 r.,-,_ • .... 1_1.1010 \"!C ................ SlH'Ul'.CH'\SOI.lCrT "T 1ONSIClI~ .E~ T Huvn.oo fOI.DE.S\UT[LITI ES • t"ROI. ytltUfl't' [OOJI [ ~_Id RnIo<Irlf'-l.C_·C,j ,<OJlj r_c.-....- To CONSULTANT: Attention of the project director at the address of CONSUL TANT recited a~ Sr.CCIO N 21 . CONFLICT OF INTERESI. 21.1. In accepting this Agreement. CONSULTANT covenants Wt, to tbe best ,filS information and belief, it presently has 110 inlefeSl, and will not blowinglyor intentionally acquin: 1liiy interest, direct or indirect, financ ial or OIberwise, which would conflict in any manner or degree with the perfonnance oftbe Services. 21.2. CONSULTANT further covenants that, in the perfonnanee of this Agre.ement, it will not knowingly Of intentionally employ sub-consultBnts, contractom or persons !laving such an intern .. CONSULT ANT, to Ihc best of its infonnation and belief, does not believe that any pen;on who has or wi ll have any fi nancial intcn:SI under this Agreemcnt is an offICer or employee of CITY ; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State ofCalifom ia. 21.3. If the Project Manager determines that CONSULTANT is a ''Consullant''. for purposes of the Political Reform Act or201!, CONSULTANT shall be required and agrees 10 file the appropriate fin ancia l disdowre documenlS requi red by the Palo Alto Municipal Code and the Political Reform Act, '. 1.$ set fonh in the Palo Alto Munic ipal Code section ~~;;;;."'. of this Agreement, will not discriminate in the employment person be<:ause of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing staNS, marilal starus, familial staM , weight (I' htight ofsuch person. CONSULTANT acknowledges that it has read and Wldcrstands the provisions ofSeetion 2.30.5 I 0 of the Palo Alto Municipal Code relaling to Nond iscrimination Requirements and the penalties for violation thereof, and agree5 to meet the requirements of Section 2.30.510 per1aining to nondiscrimination in employment. applicable to CONSULTA NT in the performance of this Agreement. ; , Purchasing Department, incorpornted by reference and may be amended from time to lime. CONSULTANT, while perfonning an y work or services on CITY property, sha ll comply with waste reduction, mISe, ~linS 100 disposal requimnents of the City's Zero Waste Program. Zero Waste best pnlClices include fint minimizing and rMucins waste; second, reusing waste and third, recycling or compostinS waste. In particular, while perfurmilli work or services on CITY property, Consultantshall comply with the following zero waste requiremen ts: • Ir.pplicabk. pntctica l and without disrupting CONSULTANT'S normal business operations, printed materials provided by Consul .. nt toCity Sencrated &om a personal compulCr and printer including butllQ( limited to, proposals, quotes, invoices, rtpOflS, .od public education materials, sllall be doubk-sided and printed on. minimum of3O"..401'greaterposI-«JnSUIDCJ content paper, , r -s...-, ~ .... _z.:MI" , 'C<-oom'.. 4 <.IlN'UltONOLlOTATlOt'$\tIlUlNT 8lIY(Jt.(:" fOlOUWU .. rT1ES· CUOl Y"",UhlIOOll, Ir' "I·_ ..... ..u:~I 'IOOll l,'..u: __ unlessOlherwisc approved by the City's Proje<:t Manager. • If appl icable, practical, commerciall y available, and withoul d isrupling CONSULTANT 'S normal busi nen o~rat ions, Goods purchased by Consullant on bchal f of the City shall be purchued in accordance with the City's Environmental PUKh.asing Policy includin& but not limited to E~tended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing O ffi ce. • If applicable, practical and without disrupling CONSULTANTS normal business opeflltions. reus-ble/returnable pallets sllal1 be taken back by Ihe Consultant, at no addilion.1 C05IIO the City, for mISe or recycling. SECTION 14. NON.APPROPRIATION 24.1. This Agreement is subje<:llo the fiscal provisions of the Charter of the Cily of Palo Alto and the Palo Alto Municipal Code. This A"eement will ierminate wilhoutlny penalty (a) al the end of any fiscal year in the eventwt funds are not appropriated for the following fiscal year, or (b).t any time within a fi scal year in the event that fund s are only appropriat ed for a portion of tile fiscal year and funds for Ihi s Agreement are no longer available. This section 511111 take precedence in the event of I conflicl witll any alher covenant, term, cOfidition, or provision o f this Agreement. SECTION 25. MISq;LLANt:QUS PROVISIONS. 25.1. This Agreement wi ll be governed by the laws or the Stale of California. 25.2. In the evenlthat an action is brought. the panics agree thaI lrial ofsuch action will be vested exclusively in Ihe stale courts of Cali fornia in the County of Sanla Clara, Slate of California. 25.3. The prevaili "" party in any ~ction brought to enforce the provisions of lhis Agreement may recover its reasonable costs and anomeys' fees expended in eonneetio" wi th that aClion. The prevai ling party shall be entitled to recover an Imou"t equal to the fai r market value of legal services provided by attorneys employed by il as well as any attorneys' fees paid to th ird parties. 25 .4. This document represents the entire and integrated agn:ement between the parties and supersedes II! prior negotiations, representations, I nd coniTICIS, either wriTten or oral. This documenl may be amended only by a wrinen instrument, which is signed by the parties. 15.5. The CO\'enanlS, terms, condit ions and provisions oflhis Agreemenl will apply to, and will bind, the heirs, SUCCCS$Of"$, exe<:UlOrs, administraton:, lS5ignees. and consultants of the pan ics. 15.6. If a coun of competenljurisdiction finds or rules lhat any provision oflhis Agreement or any amendmentlhen:to is void or uncnfon:nble, the unaffected provisions of this Agreement and any amendments therelo will remain in fu ll f(Kt"e and e ffecl. • P_(:,01_ ..... _:.:KI,~ I{:< "hoi _ ... 1MiD\I'\J~CR SOUClT A TIOO'o"S'CUUEIlT IlUYU.eM fOLlIf:ItSIUTILIT'E:5 • CoOlOt. y~" UPs'H"m _ • ......,....,C-....;:"'oIOll'F ..... C __ 2S .7. All e~hibits referred to in this Agreement and any addenda, appe ndices, anachments, and schedules to Ihis A~ement which, from time to time, may be refe rred to in any duly executed amend menl hereto are by such referen~ incorporated in thi s Agreement and will be deemed 10 be 8 pan of th is Agreement. 2S.8 If. pursuant to this Contract with CONSULTANT, Cily shares with CONSULTANT personal in formation as defined in Californ ia Civil Code section 1798.81.S(d) about . Californi a resident ("Personal lnformation"), CONSULT ANT shal l mainlain reasonable and appropriate security procedures to protect tlla t Personal Information. and shall inform City immediately upon leaminll that there has been a breach in the security of the system or in the security orthe Personal lnfo rnUl tion. CONSULTANT shall not use Personal Information fordirect markeling pu rposes withou t City's e~press wrinen consent. StOlON 26, LIMITATIONS OF LIABILITY 26.1 The 10181 liabil ity of Co nsul Ian I for all claims of any kind arising from 01 related 10 !be formation, pc1'formance 01 brnch oflhis ContrKl, 01 any ProducT! or Services, shaL! nol exceed the ContrKt Price. 26.2 Consultlnl shall not be liable fOl loss of profil 01 n:venues, loss of use of equipment or systems, inten\lption of business, cost of n:pllccment powa, COSI of capital, downtime costs. incrH$Cd operalin, c:m1J, any special, cOtUCquenlial, incidental, ino:iire.;:t, or pm1itiYe damages, or claims of City'S customers fOlIllY of the foregoinl types ofdamaln. 26.3 All Con$ultant liability shall end upon expiration oftbe applicable WI1T1IIly period, provided that City may continue to enforce a claim fOl which it has liven nOlice prior 10 that dale by commern;inl an action OIlrbitration, u appliaoble under this Corumet, befon: expiI1ltion of Illy statute ofiimitat)onS 01 other legal time limitation but in no event later than one year after expiI1ltion ohuch warT1lnty period. 26.4 Consultant shall not be liable for advice 01 assistance that is not required for the work $OOpI: under this Contract. 26.S For J)IIIllOSC$ o f this An icle, lhe lenn ·'Con$ul tant~ means Consullant, its Imlia tes, subcontr.<.:tors Bnd suppliers of Iny tier, .nd their respective employees. The limitations in this Anic le shall apply regardless of whether I cl.im is based in contr&et, wamnty, indemnity, tortle~tra-contractual liabil ity (including negligence). strict liability or otherwi se, and shall prevail oyer any conflictinl!l terms, e~cepl to the extent that such terms funher res trict Consultant'S liability. SECT(ON 27. WARRANTY Consu ltant wa rrants thai ProducUshall hedelivered free fro mdefe<:ts in material, workmanship and title and that Services sha ll be perfomled in a co mpetent, diligent manner in accordance with any mun"ally agreed spe<:ifi cat ions. The warranty for Produclli and Serv icC$ shall e~pire three (3) years fr om delivery . • . --. kcv ...... l.lOIO \1(' , ... ",\ohoRd\ASo\pu ~Hl$OI.lCrr A TIONSICIJUr:NT eu~ ~R·C'" fOLDERS1lf1'llITI ~s • C MOl ~ NN\J.f ... " tOll I R .... I4.R<oi<>iI·\FiMI.C~llloIOlZI . ..-1OII.C .. _,_ If ProdOCIS or St1'1Ilees do not meet the above wlll1llnties, City sh.all prompt ly notifY Consultant in writing prior 10 expiration of the warranty period. CortSullant shall (i) al its option, rqtair or I"l'p\ace defective ProduclS and (ii) re-perform defective Services. If dc:spilc Consultant's reasonable efforts. a non-confonning ProdIlCl cannot be repa ired Of replaced, or non-conforming Services cannot be re- performed, Consultant shall refund Of credit monies pa id by City for such non-conforming Products and Services. Warranty repair, replacement or re-perfonnance by Coosuhanl shall nOI extend or renew the applicable warnnty period. City sllal1 obtain Consultant's agreement on the spc:cificatiOllS of any lests il plans 10 condUCllO determine whether a non-oonformanee cXiSlS. City shall bear the 00515 ofaccess for Consultant"s remedial warranty efforts (i ncluding removal and repl8(:ement of systems, SlJUClUres or olher pa rts of City's fac ility), dc-installation, decontamillilt ion, re-i nstallalion and transportation of defective ProduelS to Consuhant and hao;:k. 10 City. The warJlnties and remedies are conditioned upon (a) proper storage, installation, use, operation, and mainlena nce ofProduets, which shall be specifi ed by Consultant, (b) City keeping acwrote and complete records of operalion Bnd maintenance during Ihe warranty period and providing Consultan t .ccess 10 those records, .nd (c) modifiClition or repair of Products or Services only as authorized by Consultant in wriling. Failure to meet any such conditions rendcrs the warranty null and void. Consultant is not responsible for nonnal wear and tear. This Article provides Ihe exclusive remedies for all claimli based on fai lure of or defect in Products or Servicel, regardless of when the fa ilu re or defect arises, and whether I claim, however described, is based on COnlTaCl, warranty, indemnity, tortlcxtra -contractual liability (including negligence), striclliability or otherwise. The wamlOtics provided in thi s Article are exclusive and are in lieuof all other warranties, conditi ons and guarantees whether wri tten, oral , impl ied or stalUtory. NO IMPLIED OR STATUTORY WARRANTY , OR WARRANTY OR CONDITION OF MERCHANTAB ILITY OR FITN ESS FOR A PARTICULAR PURPOSE APPLIES. The indi viduals execuling this Allreement represent and warrant that they llave the legal (apa<:ity Ind au thority 10 do so on behal r of thei r respective legal entities. IN WITNESS WHEREOF, Ihe parties hereto 1Ia~ by their duly authorized I"l'presenlativcs elle<:utcd this Agreement onlhe datc fif!lt above written. • f '","""" .... .-1..1 • • IC ..... " I I 'ID\PtIItCII'ISOUOTATIOP<S\CUUa<r lIUytl "", fOI.otlSIlrI .. rra. CAIOL Y ...... FMf .. ll' ._ ..... p',._c-~ll loomT_c_ .... CITY OF PALO ALTO City Manastr APPROVED AS TO fORM : Se nior Asst. City Anomey Altachmcnts: EXHIBIT ~A~: EXHIBIT ~B~: EXHIBIT "C": EX HIBIT "0 ": SCOPE OF WORK SCHEDULE OF PERfORMANCE COMPENSATION INSURANCE REQUIREMEI'(fS • 1'1' '_ R .. _1.1010 \\Cc ... n.-......SIN'U ~CtfISOI.ICIT" T I()JI$'oCURR ~ BU vu'( M ~I)I' .. S\IJT I~ 11 ,,;, • CAROL V I'I~' "'\1.0)1' 1t.bu!Id.RcO.oipM ..... C_,.,,!I("II IOOOll ". ... I.C_, <lOt EXHIBIT "A" SCOPE OF SERVICES Introduction The wor\( is for redesigning end ft'building orGas Rct:eiving Stations I, 2, 3, 800 4. Work must be conduc1ed and complete prior to October 15, 201 L Only one Gale Station ean be 000- operational at any given time. The duration ofwolt at any Station sball not exceed two wa:ks. The Work under this COniract sball inelude a comprebensive evaluation oftbe existing gas receiving stations and sile conditions, design proposal of stations control systems. preparation ortlle drawings, obtaining design approval from the City, remote fabrication of pm posed facilities, ineluding bydro lesling of each completely assembled stalion, in accordance witb approved design and all applicable standards, codes, and regulations. and break down and transportation of new systems 10 Ibe city of Palo Alto', holding yard, su pply 8$ buill drawings, and recommend localions fo r CODCft'le footings. Consultant wi ll nOI eonneet lhe Slations 10 existing piping. SCORe of Work I. Inilial Study a. Gather project data incl uding: • Visit the projct:t sites • Review drawings of the existing Gas Receiving Stalions • Obt.in neeessary dar.. from PG&E • Submit a project schedule for design, fabrication, testing, and assembly phases of lhe Work. 2. Pesign All furnisbed equlpmenlfpiping sh.1I M rlled.1 minimum openling pressun of 400 PSIG and be .ble to fl ow stat ed capacities at the lpetified conditions in compliance with the City of Palo Alto Noise On:Ilunee. •. Parameters for Gu Receiving Stationl: • Stations aft' downstream ofPG&E • The PG&E delivery prt$$Urt approximately 60 PSIG • The flow to the Stations is approximately: o Station I: PG&:E flow 10 the station is 970,000 SCfH@60 PSIG " , ; ;""els..._ a .. _:'191. 'ICc .. "oW " •• $CN'\IAC"tNQI.IC;IT .. T1QNSaIUlJIT I UYU -00 I'Ol.llUSlUilllTlES • CM.Ot. ytltl .J:fl'l I40Jl. _1~"lotJJlr_C"_ o Station 2: PG&E now to the station is 970,000 SCFH@60PSIG o Station 3: PG&E lotaillow to !he station is 650,000 scm @60 PSIG (includes 200,000 SCFH to VA Hospital) o Station 4: PG&E t(){aillow to the ~tation is 120,000 SCFH@60 PS1G • PO&E inlet piping MAOP: o Slation I: 400 PSIG o Station 2: 400 PSIG o Station 1: 375 PSlG o Station 4: 400 PSIG • The City delivery pressure: o Slation I: 25 PSIG o Station 2: 25 PSlG o Station 3: 2S PSIG and 3S PSlG (to VA Hospital) o Slat ion 4: 25 PSIG b. Design Requirement for Gas Receiving Slatiolls: • Class location for III stations 4 • Gas now velocity in the headers shall not exceed 100 fils • Skids fabricated of structural steel. painted gray • Skid mounted headers shall be designed to be positioned approximately 30" above the ground to center line of the pipe and have inlet and outlet va lves sized lS follows: o Station 1: 12" Inlet and 12" Outlet o Station 2: 12" Inleland lO"Oudet o Station 3: 12" Inlet and 10" Outlet for Arastradero, Foothill, and Page MiH lines and 6" for VA Hospital Outlet o Sl.Ition 4: 4" Inlet arnl6" Outlet The inlet valves for Stations 1,2,) and 4 shall have 110V electric actuators with manu.1 override; NEMA 4 explosion proofarnl NEMA 7 waterproof. The consultan t shall perform headen/piping sizing calculations to determine the gas velocities and the noise level in the piping s)'tems, Thc: consultant shall contllin suUestion regaJding the pipes' diameters and schedule(s) to comply with the City ofhlo Alto Noise Ordi nance. • Pipi ng: Iteel pipe AS) schedule 40 Type S (Seamless) Grade B, over primer acrylic COIled (in accordance with coating manufacturer 's recOIlunetldations), grlY, Piping IllUifie.tions' selection and schedule are to be verified and substantiated by the Proposing FilTll, • There shall be. minimum o(two runs per Stillion with four minimum at Station 3, Elch niB musl hlndlf In entire I'ltion flow, Station 3 will require two $Cpllrlte run, with (apacifies of 450,000 and 200,000 sclb. The Contractor is also requim:lto detmnine if. by-pa5$ is nceeuary at each offlle stl1iom, " "F _'S-- R",_:,;t01t OC-~'T"T1OI<$"a.MIOIT auvnoCM I'OUlUS\IJT1UTIE$ ,("lOI.VI<~""F1'I tolO»t .... W.~(_('C"I.,ll "-.1,'-',110< • Upstream Filler. Shall be a narural gas fillucapable of no wing the Slated capacities for each ~tation and intended for mnoval of dry dU$! and pipe scale. The Proposing Finn will suggest the filters type and manufacrun:r, but will nOl supply the filter. • Valves (manually operated): Cameron ball valve, fu ll pIH1300 ANS I wcld end It 300 ANS I I1anged • Valves (actuated): Cameron ball valve, full pIH1, 300 ANSI weld end It 300 ANSI I1ll11ged • Overpressure ProIt(:fion: Standby Monitor System with Mooney Flowgrid Regulators. 300 ANSI, fllll1ged end and Series 20 pilots • Sensing lines: 31g~ stainless steel (304) tubing with iso!atillf; valves, 300 ANS I mm. • l11ue IK Pressure taps on each run: PI upstream offirsl pres~ure regulalor, P2 upstream ofseeood pressure regulator, and P3 downstream of seeond pressure regulator • Insulating flanges al the OIIllel and inlel of the stations • Zum Monolithic Insulating Joint, welded, 300 ANSI installed upstream of an inlet flange c. Tesling • Welding: All weldedjoinlS shall be inspected in accordance with API 1104, 19"' Edi tion, visuallnd NDT 100% x·ray. • Hydro test At U times MAOP for 8 hours Weld inspeclion and hydro ICIIS documentations shall be submined to the City prior to accepta nce lind shipping. 3. Submillllis for Design Approval The consultant shall submil for City's review and approva l the fo llowing Contraci dO(umcnlS for tach stat ion prior 10 fabricat ion: • Complete now and siung calc ulations • Acoustic analysis • Three dimensional diagrams of new piping/cquipmcnt -lIIImillf; equipment and wi th il\dication of pipe and equ ipmen t sizes • Proposed sec tioning (if required) of regulator runs for shipping • Structural drawings of skid frame and ca lculations • Drawings shall be 24" x 36'" sheet size with scale noted. • Final ddivcl")' shall include drawings in AutoCAD 20 10 (DWG) fonnat in addition 10 hard copies " .... ,. "s.,.c.. ~ _l.ltIO W:~~CJ<lSOUCIT"TIOI-IS"C\JUW1 BUVU-Ciol f()LOUSIUTIUT'U· C"~OL V"~'~fl'>"OOlll a_~"""lFioolC_o\C' I 'OOIl '.F .... ,C-... • Complete proj«t management plan induding engineering/design. procuring ITI.I.terials. fabrication. hydro IeSting. Upon subminal. these plans and specifICations will become !he poope.ry or t~ Ciry, 4. fabrication and Deliv«Y to Sites TIo<: new gas receiving stations shall be fabricated at the Contractor's facilities in IICCordance with. approved design and all.pplieable standards. codes, and regulations. ElIch station shall be: pressure tested; all welds I ()()"A, NOT 'Hayed; prior 10 de livery to the City sites. The Contractor shall be responsible for recommending support locations on the skids, The Contractor shall be requirai, after shipment of skids to subm it. comp lete set of records drawings and operating manua ls including manufacturer literalUre IssociJled with installed components. Skids will be shipped freight collect full y assembled . 5. StoraGe FacililV Municipal Service Center will provide the Contractor a location for temporary storage during the stations' assembly. 6. Training ofCjty Personne l The ConlIllCt shall include free on-nil help for the du ration of the walTl\nly period, The contractor shall provide an operating manual for these stations detail ing suggested maintenance, parts lists for components and trouble shooting guideline •. 7. Information Provided by tile City The City mall provide the Fabricator with the available existing Gas Receiving Stati ons schematic drawings, schematic plans indicating Ciry 's vision of the future: raci lities, and access to !he siles. Proposers arc ad vised that public rceord drawings may rIOt be accllrate. 8. Wor!c. Ptrfounes! by City o(Pllo Alto "The City of PIJO Alto will demolish abandoned util ity control buildings It Stations 2 and 3 I nd modify the existing piping to IC(epi the new racilities based on h.e1odcr design .. p,"" 's..-.- ..... _1...10 \IC~IlCIMOI.ICIT .. TIOICSICUItIIEtlT IlUYEI<M fOUIEU IIlTll.rTlU. o.AOI. v_lno.'lotm 1,1 I" .... .,.. .... C_,..fOCUlot.\lIF_I,C-"O' provided by the Contractor. The City, in accordance with furnished dlllwinss and spttiroutions, will install ooncrete fOOlinp, perform site assembly, SW1up, caliintion and testi ng of new fac ilities. The City will also provide weldcr(s)to connect the new gas receiving stations' infl1lS\J1.Idurc to City and PG&:E lines. C. Mrnurrmrnt aad Pax mfD! I. Progress Payments The Fabricator will be paid as follows: • Twenty percent (20"'"') upon submi ttal and approval of Contract dlllw ings • Seventy percent (700/.) upon delivery ofequipmcnt to City • Ten pertenl (IO",",)lfl ercomp1eting City's personnel training and submittal ofr.nal documenlS. SUotion 1 - Comprehensive evaluation of the elCisting Gn Recfivi n& Stl tlon Onr(173S Ernbiuaodoero Road) and site conditiOlU, 6esign p~1 of sbtion's replacement control systems, preparation oftl!e dlllWings, obtaining design approval from the City, remote fabrication of proposed facilities, hydro testing, in accordance with approved design and all applicable standards, codes, and regu lations, recommending locations for concrete footi ngs, furnishi ng recon:! dlllwings Stltion 2 - Comprehensive evalua tion of the existing Gu RfCflvlng Slition Two ( .... Ima Street at CoIOBdo Avenue) and site conditions, design prop<nal ofstation'J control systems, preparation of the drawings. obIaining design approval from tbe City, remote fabrica tion ofproposoed facilities, including hydro testing, in aecon!ancc with approved desian.nd .lIl1ppliolb1e standards, codes. and regulations, recommending locations for concrete footings, furnishing rKOfd drawings Station ) - Comprehensive ev.luation oflhe exisfing GIS Reeeiv ing Station Three (1961 Old Page Mill R~) and site conditions, design proposal of station's control systems, preparation of the dlllwings. obtaining design approval from theCi!)" remote fabrication of proposed facilities, including hydro testing, in eccordaocc with approved design and all applicable standards., codes, and regulations, recommend ing locations for concrete footings , furnishing record drawings SUotion 4 - Comprehensive evaluation of the existing Gil Reeflvin, Slation Four (Oak Road &: Searsville Road) and site conditions, design proposal of 5talion·s repl!lccment control systems, preparation of the dlllwinp. obtaining design approval from the: City, remote rabrication of proposed fac ili ties, including hydro testing, ill accordance with approved design and ail applicable standards, codes, and regulations" n:«Immending locations for concrete footings, furnishing reconI dlllwings.. " \\C, ...... .........",.,S""""~CIl\5OLICIT" T IOf<SlCUUEIfT BUY ao. <.. FOI.D£l5\UTIUTIES · CA ~ V liN" 1lfP>\1 "Om II<boi ... R .... ....,._C-"'=. I ,oon. ,._C __ EXIIIBTT "B" SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to eomplete each milestone within the number of days/weeks specified below. The time to eomplete each milestone may be increased or de(:l"eued by mutua l wriuen agr~ment of the project managers for CONSULTANT and CITY so Ions as all work is completed within the teMn of the Agreement. CONSULTANT shall provH:le I detailed schedule of work co nsistent with the schedule below wi th in 2 weeks ofm:<:ipt of the notice to proceed. Milestones I. Station 2 2. Station 3 3. Station I 4. Station 4 " Completion No. ofDaysIW~ks From NTP AugtlStl ,20 11 August I S, 2011 September 1,2011 September 19, 2011 "'oA ,·,,'Is.mo.. R .. ,_2. X110 ""' ...... ~IN'IJ.CH\SOU(:IT~Tlo .. S"(;I.IJtJla.rr eUYER-l;104 fOLDI;II$IVfILITIts· C-UOI.. Y~'Uf""\I"lll _ OJ .<oI<tlt:nIF" ..... (:_,<: II I "IIlll.fioo'-C-..,.do< EXIIIB IT "-C" COMPENSAT ION 1m CITY agrees to compensate the CONSULT ANT for professionalKrvices performed in koonlaoce wi tlltlle terms and conditions of th is Agreement, and as set forth in tile budget schedule below. The compensation to be paid to CONSULTANT under this Agrn:ment roc all servi~ described in Exllibit "A~ ("Basic Services; and reimbursable expellSCS shall 001 exceed S935,700. CONSULTANT agrees 10 complete all Basic Services. including ~imbursable expenses, wilhin this amount. Any work perfonned or expellSCS incwmi for which paymenl 'NOII1d resuLt in a total exceeding the muimum amount of compensation set fortll herein shall be al no cost 10 the CITY. CONSU LTANT shall perform tile tasks and categories of wort as ou!liDCd.nd budgeled below. The CITY's project manager may approve in writing lhe tntnsfer of budge I amounts betw~n any of tile tasks or categories listed be low provided tile lotal compensation for Basic Servia:s, including ~jmbursable expenses., does not exceed S935,700. BUDGET SC IIEDULE NOT TO EXCEED AMOUNT Task I S261.150 (Gas Receiving Station I) Tlsk 2 S255,000 (Gas Rece iving StBtion 2) Task 3 S301.250 (Gas Receiv ing Station 3) Task 4 SI18,300 (Gas Receiving Station 4) Sub-total Basic Services 5935,700 Maximum Tolal Compen sat ion S93S,700 REIMBURSA BLE EXPENSES The adminisuat ive, overhcad, sec~tarial lime or sec~tarial overtime, word processi ng. photocopyi ng, in-house printing. insurance Ind other ordi nary business expenses are included witllin the scope of payment for services and 8~ not ~imbursablc cxpenses. " ",,*II;"'~ Sen-o.m Il0'l.-1. 20IG \·« ... ~IICH'.$OLICITAlIONS'OJUE/(f 8Uy~~ .. fOI.o(lSI\fl1I.ITIU· CA.Ot. YN ... .u ... 'I<O.\ll _'--...w-',C ...... ...c'II ... JII.' .... ,C __ EXHIBIT"D" INSURANCE REQUIREMENTS COf'TItAoCTOti TO n<E OTY Of ~AU) "LTO fCJTY\ .. , 11tEl~ SOU; ElU'EI<SIl, SH.-u. -. THE TEItN Of TItE COOI1'RI.CT QIIl .. ," ""O ...... NT .. IH IHSL"'-'tlCE III THE"~ I'QIl THeCDVU.ACE5I'£CltlW Ilel OW ... n"QklJt:D IV COMUS'U WITH Alii IUT"S Kl'!Y .... n.~C Of" .. ~ "'l 0-. IDGH~" UClI>I5lD 011 A \ITIIQUZlD TOT ..... '<5.OCT '''S!; UI'IC£ _NESS'S TH($TATt Of"c..URlIV"'" " •• ,IUI L''''TI U1QUIHD ,. YU ~YU·$U ... BIUTY "'1lTOMQ8'.~ U"''''llTY. JNC\.lIlmf(; ... LlO ..... ro.H' .. ED. ~ED " SI.ooo.ooo SI.ooo.ooo SI.OOO.ooo SI.OOO.ooo TH~CtTVfW U LO ..... TO_V H ,~Dt:O...s ... ~ .. OOI'IOI'I ..... _~ CCII<TlIACfOR.. ... T ITS$Ol.ECO$T ANO~ stII.I..L Q8TAI .... 1<0 .... ,NT .. I>:. IN fUU. ~ .. 1<0 [fF(CT lH~QUGoI()IJI" lH~ I;I(1lkE n;1tN Of MY U5Ul.T......,. .. ~U .. T. THl .. ~COYUItOEIlEItElN DI!$O:IIEQ. ... --...N:JfQM.yc;1Qf<T1lM:TOII; ANOITSSI.IKVH5l.l.TAt<TS, IF MY. lIUT ..uo. ... ITH THE UClI'nDI< Of" WOItl(as" C\).toII'9ISA1"1<*. Uoll'\.O"rek'S UAIIIUTY "-"'D 1'tilFfSSIOtI .... INSUltNICE, ,l<CLUO,>'C ...s .. DDlTIOO!AL 'fOSUOUO;"'5 CITY. rn COUlfCIl M Dc HIlS, ornau. A(;U<T5, Ai'o"D DcrLOVUS. I. INSUIlANCE COV€IlACE MUST INCWO£; .... .. PII.OVISION I'OI!. ... WII.JTTEN THIII.TY DAY .. DV .. NCE I'IOTlCE TO CITY OF CH.I.~ IN COVEIlAGE O. Of COVEII.,\GE CANCEl.l.A TION: .. NO B. A CONTRACl\ML lI .. BllITY ENOOII.SEMEm PROVIDING I .. SU .... NCE COVU.AGE FOR CONTRACTOII.'S AGREEMENT TO INOEMNIFY CITY. C. D£OUCTIBLE AMOIJNTS IN EXCESS OF Sl.ooo REQUIRE CITY'S PRIOR APPROVAl.. O. CONTRACTOR'S INSURANCE COVEIlAGE WILL BE PRIM ... RV ONLY TO THE EXTENT OF CONTRACTOR NEGUG ... NCE. E. CONTRACTOR WILL PROVIDE ITS sr ... NO"RD INSURANCECEII.TIFICATE TOCITY. II. CONT .. CTOR MUST SUBMIT CERTlFICATU(S) OF INSUIlAHCE EV10E.'0lCING REQUIR.ED COVEkA(lE. Ill. ENOO..s€MENT PkOYlSIONS. WITH RESPECT 10 THE INSUkANCE "FFO!I.OED 10 -"'OOITIOHAl INSUREDS- A. , .. IMAU COYERA,(lE " ~41; 4 d _ __ 1.IGIO -..;<_ •• _ • UD'I'I,IRC~ICl"'noo."SICUU£HT !IlIYU.oo. >'OWU5VJT1I.ffiU. C .. ItQl.VNPr ... F ... ·'40II' _.~-'.c-"C"'4Ol11 f"-',C_.'" WITH RESPECT TO CLAI ~S ARISII<IQ OUT OF THE OPERATIOI<IS OF THE I<IA~ED II<ISURED, II<ISURAI<ICE AS AFFORDED BY THIS POLICY IS PRI~ARY AND IS tI(lT ADDI110l<lAL TO OR COtITRIBLmNG WITH AI<IY OTHER II<ISURAI-IC£ CARlIED BY 011. FOR TI<I £ BEI<IEFIT OF TlI~ ADDITIOI<IAL II<ISUREDS. B. CROSS LIABILIty THE NA~ING OF ~ORE TlIAI<I OI<lE PERSOI<I, fiRM. OR CORPORATIOI<I AS II<ISUREDS UNDER THE POLICY SHALL I<IOT. FOR THAT REASOI<I AUlI<IE. EXTII<IGUISH ANY klGHTS OF THE II<ISURED AOAII<IST AI<IOTHER. BUT THIS EI<lOORSEMEHT, AND TIlE I<IAI>III<IO OF I>IUL TIPL£ II<ISUREDS. SHALL NOT It<CREASE TIlE TOTAL LlASlllTY OF THE CQ~PAI<IY UI<IDER THIS POLICY. C. I<IDTICEOfCAl<lql! .... TIQN I. IFTHE I'Ot.ICY ISCAI'ICElED B£F()k£ ITS EXPIRATI~ DATE fOR AIiY REASON OTHER THAI<ITHE 1<l0000,PA YI>IEHTOf PREMIUM. THE ISSUING COMPANYSHALL 1'1'C0VIDECrrx AT lEAST A THIRTY UOI OAY WRlTTDIl'IOT1Ce BEFORE THE EFFECTIVE OATE Of CAI<ICULATION. 2. If THE POLICY IS CAI<ICEl.ED BEfOll.£ ITS £XPIRATION DATE FOIl. THE NON·PA YMENT Of PREMIUM. TIiE ISSIJING COMPAI<IY SHAll .. 'ROV[D( CITY AT lEAST A TH[IlTY f)O) DAY Wll/TTEt<Il'IOnct BEFORE THE EffECTIVE DATE Of CANCELLA nON. I<iOTiCUSHALl... KMAILtDTO: I'IJIICIiASlNC ""'D COfoTRACT ADMINISTRATION C'TYOfPAU)ALTO P.o..oJ{ I'~ PAUlALTO,CA _J ..::< ...... """"""SD\l'\l.~1C IT A T IONS'CU •• VIT BUYU.eM ,01. "EU IJTlllTI es . C".OI. Y ......... ,PI' I .oIl I P.bo;1j .""' .... ....-... L"""'....,IC II IOC)1I.F ..... C ....... "'"