HomeMy WebLinkAboutStaff Report 2370City of Palo Alto (ID # 2370)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 2/6/2012
February 06, 2012 Page 1 of 3
(ID # 2370)
Summary Title: Approve Air Emissions Consultant Contract
Title: Approval of a Contract with Golder Associates, Inc in the Amount of
$227,136 to Assist with New Sewage Sludge Incinerator Air Regulations at the
Regional Water Quality Control Plant
From:City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or his designee
to execute the attached contract (Attachment A) with Golder Associates Inc. (Golder) in
the amount of $227,136 for assistance with air emissions permitting and compliance at
the Regional Water Quality Control Plant. This amount includes $208,636 for basic
services and $18,500 for additional services for a total contract of $227,136.
Background
On March 21, 2011, the United States Environmental Protection Agency (EPA) finalized
new regulations for sewage sludge incinerators (Staff Report #1625 dated May 16,
2011 and Staff Report #1297 dated February 14, 2011). The new EPA rule requires a
formal incinerator training program, expanded emissions testing, an extensive permit
application, a new Title V Permit, additional recordkeeping, and minor equipment
modifications, details can be found in the Request for Proposals (RFP) (Attachment B).
The continued, compliant operation of the incinerator must be maintained as the
Regional Water Quality Control Plant continues to explore alternatives to incineration as
part of the ongoing Long Range Facilities Planning process.
Discussion
The RFP for the project was sent to four prospective air emissions consulting firms and
posted on the City’s web site on August 23, 2011. A single firm, Golder, submitted a
proposal. An evaluation committee consisting of representatives from the
Environmental Services Division of Public Works reviewed the proposal. On October 24,
2011, the committee interviewed Golder and determined the firm had sufficient
experience to ensure the City complies with the new EPA regulations; below are some
of the key items included in the scope of work:
·an extensive Title V Bay Area Air Quality Management District permit application
February 06, 2012 Page 2 of 3
(ID # 2370)
·increase in monitoring and reporting for stack emissions, ash handling, scrubber
water pH, and general monitoring of the multiple hearth incinerators,
·develop standard operating procedures for the incinerator,
·provide a certified trainer for the incinerator operator training requirements,
·create an operator training procedure guide,
·assist with complying with Oxides of Nitrogen limit,
·and provide technical assistance with reviewing emissions data and greenhouse
gas reporting requirements.
In addition to the firm’s regular staff, they have teamed with an incineration specialist
with specific expertise in multiple hearth incineration. The committee is satisfied that
Golder can assist the City with the new air emissions requirements.
Timeline
The consultant will ensure that the Regional Water Quality Control Plant is in
compliance with EPA’s Regulations by the final compliance date of March 21, 2016. The
Plant is already in compliance with many aspects of the newly promulgated Regulations
and expects to be in compliance with them well before the March 21, 2016 compliance
date. Where compliance can be obtained sooner (e.g., operator training), early
adoption will be pursued. In other areas (e.g., Title V application) a longer timeframe of
four years will be required.
Resource Impact
Funds are available in Wastewater Treatment Fund Capital Improvement Program
Project WQ-80021. The Plant has been anticipating new sewage sludge incinerator
regulations for many years, however the specific $227,136 in compliance costs were not
anticipated; WQ-80021 has sufficient funding and scope to cover the unanticipated
costs. This contract covers the full costs for compliance; minor compliance costs will be
covered by the Wasteater Treatment Fund operating budget.
Environmental Review
The recommended action is exempt from review under the California Environmental
Quality Act pursuant to CEQA Guidelines Section 15301 (b), which exempts repair and
maintenance of an existing use including operation of publicly-owned sewerage
services, structures, facilities, mechanical equipment, or topographical features.
Attachments:
·A: Contract S12142714 (PDF)
Prepared By:Karin North, Manager, Environmental Control Programs
February 06, 2012 Page 3 of 3
(ID # 2370)
Department Head:J. Michael Sartor, Director
City Manager Approval: ____________________________________
James Keene, City Manager
CITY OF PALO ALTO CONTRACT NO. S12142714
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND GOLDER ASSOCIATES
FOR PROFESSIONAL SERVICES
. This Agreement is entered into on this _ day of , ("Agreement")
by and between the CITY OF PALO ALTO, a California chartered municipal corporation
("CITY"), and GOLDER ASSOCIATES INC, located at 425 Lakeside Drive, Sunnyvale, CA
94085 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to comply with new incinerator regulations ("Project") and desires to engage a
consultant to ensure compliance with the new incinerator regulatins 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,
contained in 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.
o 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-I.
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
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.
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SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through completion ofthe
services on March 26,2016, 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. CONSULTANT 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 two hundred eight thousand
six hundred thirty-six dollars ($208,636.00). In the event Additional Services are authorized, the
total compensation for services and reimbursable expenses shall not two hundred twenty-seven
thousand one hundred thirty six dollars ($227,136.00). The applicable rates and schedule of
payment are set out in Exhibit "C-l", entitled "HOURLY 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 and 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 CONSULTANT'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,
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.
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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. CONSULTANT shall keep itselfinformed 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 TANT 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 ofthe Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design ofa 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 stated 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 materials 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 CONSUL TANT's obligations
hereunder without the prior written consent ofthe 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.
Subcontracts Authorized: 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:
Chavond-Barry Engineering Corporation
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
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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 Rich Merrill as the
project director to have supervisory responsibility for the performance, progress, and execution of
the Services and Jason Nettleton 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 Jamie Allen, Public Works Department, Environmental Services
Division, 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone:650-329-2243. 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. OWNERSIllP 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 ofthe 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 CONSULTANT 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. City acknowledges that its use of the work
product is limited to the purposes contemplated by the scope of
work and that the CONSULTANT makes no representation ofthe suitability of the work
product for use.in or application to circumstances not contemplated by the scope ofwork.
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.
O[Option A applies to the following design professionals pursnant 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
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protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indenmified 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
willful 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.
~[Option B applies to any consultant who does not qualilY as a design professional as defined
in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indemnilY, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indenmified 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 indenmify an Indenmified Party from Claims arising from the
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 indenmification. 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.
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18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution ofthis Agreement. The certificates will be subjectto the approval of CITY's rusk
Manager and will contain an endorsement stating that the insurance is primary coverage to the
extent any covered losses are caused CONSULTANT's negligence and will
not be canceled by the insurer except after filing with the Purchasing Manager thirty (30) days' prior
written notice of the cancellation, 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
ofthis 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 writtert
notice thereof to 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 thereofto 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, CONSULT ANT 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 ofthis 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.
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All notices hereunder will be given in writing and mailed, postage prepaid, by
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 CONSULTANT: Attention of the 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 ofthe Services.
21.2. CONSULTANT 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 fmancial interest under this Agreement is an officer
or employee of CITY ; this provision will be interpreted in accordance with the applicable provisions
ofthe Palo Alto Municipal Code and the Govermnent Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
thatterm is defined by the Regulations ofthe Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate 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
REOUIREMENTS. 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,
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recycling or composting waste. In particular, Consultant shall comply with the following zero waste
requirements:
• 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 ofthis 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 Ca)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or Cb) 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 of this
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 ofthis Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
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parties.
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 ofthis
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
duly 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 defmed in California Civil Code section l798.81.5(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.
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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.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this /"'''eement on the date first above written.
CITY OF PALO ALTO
City Manag!)r
APPROVED AS TO FORM:
Senior Asst. City Attorney
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-l":
EXHIBIT "D":
SCOPlj: OF WORK.
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
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Task 1-Regulatory Review
EXIllBIT "A"
SCOPE OF SERVICES
The compliance schedule for the Subpart MMMM includes uncertainty due to unknowns in the
BAAQMD rulemaking process, EPA approval process, and ongoing legal challenges. To ensure
that all deadlines are met while avoiding unnecessary expense of premature compliance
activities, the rule development process and legal actions must be monitored. Golder will track
the progress of the BAAQMD rule development by monitoring public announcements regarding
the prospective rule. Golder will also contact the BAAQMD staff member assigned to the rule
development to make sure we are aware of relevant developments. The deadline for the submittal
ofa compliance plan is March 21, 2012 so the format and terms of the BAAQMD
implementation of Subpart MMMM should be known by the end of the first quarter of2012. At
that time, the compliance schedule will be reevaluated.
The EPA has issued regulations under Section 129 of the Clean Air Act that affect a wide variety
of sources in addition of sewage sludge incinerators. Golderwill review the processes and
equipment at the WWTP to determine if any other current or proposed Section 129 rules apply to
the facility. Compliance demonstrations or additional compliance work associated with other
rules is not covered in this scope of work.
Task 2: Title V Permit Application
The Title V permit is intended to be a comprehensive document that lists subject equipment and
associated air emissions, applicable federal and local air quality regulations, compliance
provisions, insignificant emissions activities, and alternative operating scenarios. The Title V
permit application process includes a comprehensive evaluation ofthe facility's emission
sources, a review of applicable regulations, a review of existing operating permits, an evaluation
of existing emissions monitoring equipment, and an evaluation of the compliance status of the
facility. The timing of the submittal of the Title V application is dependent upon the regulatory
actions described in the previous subsection. Golder will coordinate with the R WQCP staff and
the BAAQMD permit engineer to ensure that the application is prepared and submitted within
the required regulatory time frame.
Golder will prepare the Title V application during 2014 to meet a deadline in 2015. Prior to
beginning work on the Title V application, Golder will visit the facility to discuss the
requirements of the Title V program with compliance personnel followed by a tour of the
operation to review the current air compliance operation. After the facility visit, Golder will
request relevant compliance records, current permits, and other relevant information. Golder will
advise the R WQCP staff if any previously unpermitted equipment would be subject to authority
to construct (ATe) application requirements. The cost to prepare additional permit applications
will be negotiated with the RWQCP staff should an ATC be necessary. The scope of work
associated with permitting previously unpermitted equipment is difficult to estimate without
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understanding of the number of affected sources. This task does not include the cost of ATC
preparation.
Golder will prepare a draft Title V permit application according to BAAQMD guidelines for
approval of the RWQCP staff. Upon receipt of comments, Golder will prepare a final application
for submittal to the BAAQMD. Any BAAQMD permit fees are not included in the cost estimate
for this proposal. After submittal ofthe Title V application, Golder will respond to requests from
the BAAQMD permit engineer as required. Upon request, the BAAQMD will provide an
informal draft operating permit to the applicant prior to the official public notice period. Golder
will request a copy of the draft application, review the document, and present any concerns to
R WQCP staff. Golder will discuss any areas of concern with the BAAQMD permit engineer
followed by submittal of concerns in writing. Golder's approach in negotiating with the
BAAQMD involves educating the permit engineer on the concerns of the facility, providing
justification for any requested changes, and providing alternative permit language that satisfies
BAAQMD and facility requirements.
Task 3: Operating Limits, Monitoring Plans, Reporting, and Recordkeeping
The new MACT regulation and the resulting Title V permit program applicability will impose
additional monitoring and reporting requirements on the operation ofthe incinerators. Golder
will review and evaluate current compliance records to determine what enhancements to the
compliance program will be required. Golder will work with the R WQCP and the BAAQMD
during the Title V permitting process to attempt to minimize the additional burden of compliance
with the new requirements.
Task 3.1: Ash Handling Monitoring Plan
Golder will review ash handling procedures and current records to determine what additional
monitoring and recordkeeping may be necessary. Golder will discuss the results of this review
with R WQCP staff and make recommendations for revised procedures. Based on input from
R WQCP staff and monitoring plans for other facilities, Golder will prepare an ash monitoring
plan that meets the requirements of the Rule.
Task 3.2: Bypass Stack Monitoring
Golder and CBE are familiar with existing state (Massachusetts and New Jersey) bypass stack
monitoring requirements and can provide guidance for proposed approaches for compliance with
the CAA Section 129 rules. Golder recommends early influence on the USEPA interpretation of
this provision in the CAA Section 129 rule, to ensure a cost effective approach to compliance.
Golder and CBE will propose an approach, based on state experience, and draft a letter to
USEP A Region IX requesting approval of the approach.
Task 3.3: New Instruments
Golder understands that additional instrumentation will be required to monitor the incinerator
operation and will procure additional instrumentation as specified in the RFP. Golder will
identify appropriate instruments and vendors, obtain cost estimates, discuss the merits ofthe
proposed instruments, and procure the mutually agreed upon instruments on behalf of the City.
The additional instruments task includes a continuous pH monitor for the scrubber water, a
portable NOx analyzer, and a FLUKE 744 Documenting Process Calibrator. Golder will also
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supply a portable NOx analyzer for use during the combustion evaluation described in Section
4.6. This proposal includes an estimate of$20,000 for the purchase of the desired
instrumentation. If the cost of the agreed upon instruments exceeds this amount, the City may
select less expensive instrument, adjust the project budget, or pursue purchase an alternative
procurement approach.
Task 3.4: Operating Limits
Title V permits include compliance provisions to ensure that emission limits are not exceeded.
These compliance provisions often extend to operating parameter limits or approved ranges that
must be both maintained and monitored on either a continuous or at least a routine basis. In the
absence of specific guidance in the application, the BAAQMD may impose operating parameter
limits that are not acceptable to the RWQCP. Golder proposes to review existing process data,
information collected during the NOx monitoring task, and source test data to evaluate operating
parameter ranges that will ensure compliance with the Rule. Golder will incorporate these
proposed operating ranges into the Title V application so that the resulting permit includes
requirements that are reasonable and achievable on an ongoing basis.
Task 3.5: Monitoring Plans
Ongoing compliance with the operating limits will require maintenance and calibration of
monitoring equipment. Golder will prepare a plan that lists the monitoring equipment and the
associated calibration requirements for each monitor. The plan will include monitor
specifications and a quick reference form that summarizes the requirements. Golder will prepare
forms that can be used for on-site calibration for equipment to be calibrated by RWQCP
personnel.
Task 3.6: Recordkeeping
Generating and maintain complete records of compliance activities is a key challenge for
ongoing compliance. Golder will review current incinerator operating records for key parameters
and discuss the current procedures with R WQCP personnel. Golder will provide
recommendations and formats for ongoing records that will ensure compliance with the Title V
permit.
Task 3.7: Deviation Report
The BAAQMD utilizes Reportable Compliance Activity (RCA) Forms for initial notification of
deviations from permit conditions. These forms are to be completed and submitted by facsimile
to the BAAQMD immediately upon the occurrence of a deviation. The Title V permit requires
submittal of 10-day and 30-day reports for any deviation. For incidents that require little
investigation, combined 10/30 day reports are accepted by the BAAQMD as long as the
combined report is submitted within 10 days ofthe incident. .
Golder will prepare a template for 10-day and 30-day deviation reports. However, the templates
cannot include language for all possible contingencies.
Task 3.8: Standard Operating Procedures
Golder will create a semi-annual report template that describes the requirements of the Title V
permit and includes recordkeeping forms for all required data elements. These forms are
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populated throughout the reporting period and compiled in the semi-annual report at the end of
the period. The information in these reports is used to complete the annual compliance
certification.
Golder will prepare templates for the semi -annual reports, compliance certification, and other
recordkeeping forms along with instructions for maintaining the required documentation. These
instructions and related compliance documents will be compiled in the standard operating
procedure (SOP).
Task 3.9: Air Compliance One Page Summary
Golder will prepare a summary of requirements to include with the SOP document. This
summary will include a listing of requirements and compliance schedules with reference to the
relevant sections ofthe SOP.
Task 4: Scope of Work for Qualified Trainer for Incinerator Operator Training
Requirements
Golder will provide a training that meets the CAA Section 129 Regulations. The training course
will include the following:
o Environmental Concerns (including emissions)
o Combustion Principles (including combustion products)
o Incinerator Operations (specific to type) including start up, shutdown, and sludge
feeding
o Combustion Controls and Monitoring
o Operation, Inspection, and Maintenance of Air Pollution Control Equipment and
Factors Affecting Performance
o Bottom Ash Characteristics and Handling
o Malfunction Prevention
o Federal, State, Local Regulations (including OSHA standards)
o Pollution Prevention
• Annual refresher course
o Update of regulations
o Incinerator procedures, including start up, shutdown, sludge feeding, and ash
handling
o Inspection and maintenance
o Malfunction prevention
o Discussion of operating problems encountered by attendees
The training will be conducted on-site for operators, maintenance personnel, and supervisors.
Key elements of training will focus on the procedures and operating parameters that minimize
NOx formation and ensure compliance with NOx and other emission limits. The NOx
minimization procedures included in the training program will be developed during the NOx
assistance task (Task 6).
Training will take place over the course of 5 business days at the R WQCP. Two separate
sessions for operators will be conducted to accommodate multiple shifts. One additional training
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session will be conducted for supervisory personnel and a second additional session will be held
for maintenance personnel.
The training will be tailored to the specific conditions ofthe incinerators at the R WQCP but will
also include general information required by the rule such as basic combustion theory, heat
transfer, and mass transfer discussions. The training will include a discussion of regulatory
requirements including recordkeeping and the operating parameters necessary to ensure
compliance with emission limits. Operating considerations such as ash handling and feed
parameters will be included.
Task 5: Develop an Operator Training Procedure Guide
Golder will collaborate with RWQCP personnel (engineers and operators), review existing
operating and maintenance (O&M) manuals, review current RWQCP operating procedures,
consult with CBE, review the CAA Section 129 regulatory requirements, and coordinate with
BAAQMD in order to develop facility specific procedures for operator training. The facility
specific procedures to be prepared will include the following:
• Summary of 40CFR 60 Subpart LLLL or MMMM (as applicable)
• Procedures for receiving, handling, and feeding sewage sludge
• Incinerator start up, shutdown, and malfunction preventive and corrective procedures
• Procedures for maintaining proper combustion air supply levels
• Procedures for operating the incinerator and associated air pollution control systems in
accordance with the law
• Monitoring procedures for demonstrating continuous compliance with operating limits
• Reporting and recordkeeping procedures
• Ash handling procedures
• List of any substances burned during the performance test (in addition to sewage sludge)
• List of all General Operators (have reviewed the Operator Training Procedures within the
last 12 months) and are familiar with the operation ofthe unit
Golder anticipates spending two days in on-site meetings with engineers and operators in order
to accomplish this task. Palo Alto will supply copies of all O&M manuals related to the
operation of the incinerators and their air pollution controls.
Task 6: Assistance with Oxides of Nitrogen
A NOx evaluation will be performed to determine the optimal operating parameters for the
minimization of NO x emissions. The evaluation of NO x emissions will require the presence of
an incinerator combustion expert on site with the ability to monitor outlet NOx concentrations in
real time as he makes adjustments to the operating parameters of the units. Lou Barry from CBE
will serve as the combustion expert for this project. CBE will supply a portable NOx analyzer for
use during this evaluation. The evaluation will be conducted over a period of up to two
consecutive weeks during which an extensive evaluation of the parameters affecting NOx
formation in the incinerators will be conducted. Following the evaluation, CBE will summarize
the results of the evaluation including operating parameter ranges for NOx minimization and a
determination if the NOx limits in the Rule are achievable without additional control equipment
of modification of the process.
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lithe NOx emission rates are not achievable through process optimization, CBE will summarize
potential NOx reduction strategies. CBE has found that flue gas recirculation has been a cost
effective approach to NOx reduction for other multiple hearth incinerators and will evaluate if
that approach would be appropriate for the RWQCP.
During the permitting process should the offset threshold be exceeded, the BAAQMD may
require information on NOx offsets. Generally, NOx offsets are only required for increases in
NOx emissions. Golder anticipates that the NOx evaluation will limit NOx emissions and not
trigger additional offset requirements. IfNOx offsets are required, Golder will research the
current cost of offsets and provide recommendations to the RWQCP for purchasing offsets.
Task 7: Estimate the initial cost of the incinerator building in current dollars.
The RFP indicates an interest in demonstrating that the existing incinerator will not be modified
to greater than fifty percent of the initial cost of the incinerator in current dollars. Golder
assumes that the purpose of such an evaluation is to prevent the incineration facilities from being
considered reconstructed and subject to new incinerator rules under the CAA Section 129
regulations. Multiple hearth incinerators have largely been replaced by fluidized bed incinerators
and are not commonly built. Current costs of a unit comparable similar to the incinerators at the
RWQCP may not be readily accessible. However, an incinerator vendor should be able to
provide a reasonable budgetary quote for the construction of a comparable system. Golder will
contact an established vendor to request a quotation for the cost of building a new incinerator
comparable to those in use at the RWQCP.
Task 8: Develop Control Plan
The goal of this project as shown in the proposed project schedule is to ensure that the
incinerators are in compliance with the applicable new air regulations according to the time
frame specified in the MACT. If these efforts are not successful and the provisions of the Rule
cannot be met according to the specified dates, Golder will prepare a compliance schedule for
submittal to the BAAQMD. The submittal will include a description of the equipment, efforts to
achieve compliance, and reasons why compliance carmot be achieved as specified in the Rule.
The submittal would also include a conceptual plan and proposed schedule to achieve
compliance. Golder has not included a budget for this item with the expectation that the
compliance schedule can be met.
Task 9: Technical Review of Existing Source Testing
Annual source testing is a key aspect of the BAAQMD compliance program. These tests
typically must measure all compliance parameters including criteria air pollutant emissions and
hazardous air pollutant emissions. All process inputs and variables are monitored and recorded
during the test.
Golder will review the most recent source test report and compare the test methods, results, and
monitored parameters to the requirements of the new Rule. Golder will list new requirements for
source testing, list changes to emission limits, and provide recommendations for revising the
source test protocol. Golder can also identiJY a qualified source testing contractor if requested.
This task does not include the costs associated with preparing a source test protocol, preparing
an RFP, evaluating proposals, or overseeing or conducting the source testing.
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Task 10: Technical Assistance for Greenhouse Gas Reporting
The California Air Resources Board (CARB) Mandatory Greenhouse Gas Reporting Program
requires the reporting of process input to allow for the calculation of GHG emissions. The
program is conceptually simple -the amount of fuel input to a combustion device is directly
related to the GHG emissions. However, the CARB program is designed to be part of an
emissions trading program and as such has stringent quality control requirements. Meeting these
requirements can be both costly and time consuming.
Golder proposes to review the GHG reporting protocol as it relates to sewage sludge incinerators
and advise the RWQCP on the data reporting requirements of the program. Golder will review
the available data and provide recommendations for completing the GHG report. Golder will
also assist with the completion ofthe online GHG report. Third party verification must be
performed by an accredited verifier hired by the City. Golder will identify companies that are
qualified to conduct the verification. Golder will also respond to questions raised during the
verification process. The City will hire the Greenhouse Gas verifier.
Additional Services
Innovative NOx Control Technology
If additional NOx control is found to be required, CBE can recommend innovative, cost effective
NOx control technology. CBE has successfully implemented Flue Gas Recirculation (FGR)
retrofits on several multiple hearth incinerators. After conducting the combustion evaluation in
Task 6, CBE will be able to determine if a FGR system would be necessary or appropriate for
this application.
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EXIDBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks 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 ofthe Agreement. CONSULTANT shall
provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt
of the notice to proceed.
Milestones
1. EPA Regulatory Compliance
8
Completion
No. of Days/Weeks
FromNTP
March 21, 2016
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EXIllBIT "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-I 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"). 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 $18,500. Any work
performed 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
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $208,636 and the total
compensation for Additional Services does not exceed $18,500.
BUDGET SCHEDULE
Task 1
(Regulatory review)
Task 2
(Title V Permit Application)
Task 3
(Operating Limits, Monitoring Plans,
Reporting and Recordkeeping)
Task 4
(Incinerator Operator Training)
TaskS
(Develop Operator Training Procedure Guide)
Task 6
(Assistance with Oxides of Nitrogen)
Task 7
(Estimate Incinerator Cost)
Task 8
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NOT TO EXCEED AMOUNT
$9,054
$24,650
$73,312
$34,240
$13,235
$36,106
$8,222
$0 (as needed)
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(Develop Control Plan)
Task 9 $5,329
(Technical Review of Existing Source Testing)
Task 10 $5,522
(Technical Assistance for OHO Reporting)
Sub-total Basic Services $208,636
Reimbursable Expenses $0
Total Basic Services and Reimbursable expenses $208,636
Additional Services (Not to Exceed) $18,500
Maximum Total Compensation $227,136
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-1. 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:
1. NOx control feasibility analysis is required per Task 6.
2. A control plan is required per Task 8
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EXHIBIT "C-l"
HOURLY RATE SCHEDULE
Invoices from Golder Associates Inc. include all labor charges, other direct costs, and costs associated
with in-house services. Charges include only those services directly attributable to the execution of the
work. Time spent when traveling in the interest of work will be charged in accordance with the hourly
rates. An additional 50% will be added to the applicable labor rate for expert testimony, including time
spent in depositions and the preparation and presentations of testimony.
Labor charges are based upon standard hourly billing rates for each category of staff. The billing rates
include costs for salary, payroll taxes, insurance associated with employment, benefits (including holiday,
sick leave, and vacation), administrative overheads, and profit. Rates by labor category are as follows:
Personnel Personnel Category Hourly Rate
Level (U.S. $)
LAI Admin Support $67
LA2 Staff Admin Support $73
LA3 Senior Admin Support $77
LTi Technician $73
LT2 Staff Technician $83
LT3 Senior Technician $93
LDi Draftsperson $73
LD2 Staff Draftsperson $83
LD3 Senior Draftsperson $93
LVI Engineer/Scientist $93
LV2 Staff Engineer/Scientist $103
LV3 Project Engineer/Scientist Senior $125
LV4 Project Engineer/Scientist $145
LV5 Senior Engineer/Scientist $170
LV6 Senior Consultant $195
LV7 PracticelProgram Leader $227
Other direct costs, including materials, travel, subsistence, and subcontractor costs, will be invoiced at
cost plus a minimum general and administrative fee of 15%.
Office Service Fee: Project non-labor office costs including telephone, fax transmissions, personal
computers, and in-house photocopying will be billed at 6% of the total labor fees (this does not include
large-volume copying by an external printing facility). This Office Service Fee does not include CAD
computers, color photocopies, or drawing reproduction. These services will be billed at the following
rates:
SERVICE RATE
GIS/CAD Computers $20/hour
Color Photocopies $0.20/col'L
Plotter CD & E sizes) $5 per sf'
1. In·house plots (color on paper), $lIsf(B&W on paper)
Rates for laboratory services and use of equipment owned by Golder Associates Inc. will be provided
upon request.
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EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO TIlE CITY OF PALO ALTO (CITY), AT TIlEIR SOLE EXPENSE, SHALL FOR THE TERM OF TIlE CONTRACT
OBTAlN AND MAINTAlN INSURANCE IN TIlE AMOUNTS FOR TIlE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES
WITHAMBEST'SKEYBATINGOFA-:VII,ORIDGHER,LICENSEDORAUTIIORIZEDTOTRANSACTINSURANCEBUSINESSIN
THE STATE OF CALIFORNIA,
A WARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REOUIREMENTS AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT
YES
YES
YES
YES
YES
YES
EACH AGGREGATE OCCURRENCE
WORKER'S COMPENSATION STATUTORY
EMPLOYER'S LIABILITY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAO 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 OBTAlN AND MAINTAlN, IN FULL FORCE AND EFFECT THROUGHOUT TIlE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS,
IF ANY, BUT ALSO, WITH TIlE 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 CEIANGE 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.
n. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
TIl. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDmONAL
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 with respect to claims arising out of the CONSULTANT negligence AND IS NOT
ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THB BENEFIT OF THE
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ADDITIONAL INSUREDS.
B. CROSS UABILITY
THE NAMING OF MORE TIIAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR TIlAT REASON ALONE, EXTINGUISH ANY RIGmS 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
THANTHENON·PAYMENT OF PREMIUM, 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 (10) 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
20
Professional Services
Rev June 2, 2010
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