HomeMy WebLinkAboutStaff Report 6989
City of Palo Alto (ID # 6989)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/22/2016
City of Palo Alto Page 1
Summary Title: Water, Gas, Wastewater, Electric, Storm Drain, and Public
Works Construction Inspection Services
Title: Approval and Authorization of the City Manager to Execute a Contract
with Builders Protection, LLC in a Total Not-to-Exceed Amount of $4,620,000
for Three Years for Water, Gas, Wastewater, Electric, Storm Drain, and Street
Resurfacing Construction Inspection Services; and Finding that the Contract’s
Approval is Not a Project Requiring California Environmental Quality Act
Review
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends that Council approve and authorize the City Manager or his designee to:
1. Execute the attached contract with Builders Protection Group, LLC for a period of three
years in the amount of $4,200,000 for Water, Gas, Wastewater, Electric, Storm Drain
and Public Works Construction Inspection Services; and
2. Negotiate and execute one or more change orders to the contract with Builders
Protection Group, LLC for related, but unforeseen work, the total value of which shall
not exceed $420,000 (10% of the contract amount) over the three-year term of the
contract.
Staff also recommends that Council find that its approval of the attached contract is not a
project subject to California Environmental Quality Act Review.
Background
The City’s Utilities and Public Works Departments inspect the construction of their Capital
Improvement Program (“CIP”) projects to ensure safety, reliability, contractor performance and
compliance with contract specifications. Construction inspection of CIP projects has
traditionally been performed by Utilities Operations and Public Works Engineering Services
staff. Contract inspection services minimizes the risk of impacting the City's ability to deliver
City of Palo Alto Page 2
excellent level of services by maintaining progress on current and planned projects. Quality
assurance and quality control compliance with the construction documents, while preserving
scheduling requirements, cannot be accomplished with City’s staff due to the current
accelerated and increased magnitude of construction activity in the City over the past year.
Increased project workload results from: the 3-year cross-bore gas pipeline and sewer
inspection program; the replacement and elimination of remaining ABS gas mains and PVC gas
services and gas mains; backlog of water-gas-wastewater main replacements (gas – 70,000 LF,
wastewater collection – 34,000 LF, water – 20,000 LF); electric underground district rebuild;
electric transmission system improvements; 4 to 12 kilovolt voltage electric conversions; and
street resurfacing and storm drain projects. These projects may require up to 8 additional
inspectors (5 water-gas-wastewater, 2 electric and 1 storm drain). The inspection tasks are
being bundled together into one contract to ensure efficient management of qualified
inspection services for all inspection phases of the various projects, as well as competitive
pricing for the contract.
Discussion
This contract is to provide additional resources for the construction inspection of Utilities and
Public Works CIPs projects throughout the City. The Utilities CIP projects typically consist of the
replacement of overhead and underground electric distribution cables and equipment, and
water, gas and wastewater pipeline replacement. The Public Works projects typically consist of
CIP improvements to streets and storm drains.
The term of the contract is three years with an option for the City Manager to terminate the
contract with or without cause with 10 days written notice. Staff is also requesting contingency
funds, for additional services, not to exceed 10% of the contract amount.
The Request for Proposal (RFP) for these services anticipated the need for up to 8 inspectors
totaling approximately 17,000 hours of work annually.
City of Palo Alto Page 3
The following table is a summary of the RFP Solicitation process:
Proposal Title Inspection Services
Proposal Number 163687
Proposed Length of Contract 3 years
Number of Proposals Mailed 42
Total days to Respond to Proposal 27
Pre-proposal Teleconference Date 4/27/16
Number of Teleconference Participants 4
RFP Submittal Deadline 5/17/16
Number of Proposals Received 4
Range of Cost of Proposals From $75.00 / hr to $137.83 / hr
Number of Companies Interviewed 4
Company Selected Builders Protection Group, LLC
Location (City, State) Hawthorne, CA
Proposal Amount $1,400,000 / annually, Not To Exceed
*Bid summary provided in Attachment B.
The selection criteria for this proposal were as follows:
Quality and completeness of proposal
Quality, performance, and effectiveness of the services to be provided.
Proximity to Palo Alto
Project management history
Bid price
Proposer’s experience
There were 4 proposals submitted. Builders Protection Group, LLC was the best-value proposer
that could perform the required work and meet the licensing requirements in the RFP. Builders
Protection Group, LLC also demonstrated in an interview that it has the resources to perform
the work required in this contract.
Staff has evaluated all proposals submitted based on the selection criteria and recommends
that the proposal of $75.00/hr submitted by Builders Protection Group, LLC be accepted.
Staff confirmed with the Contractor’s State License Board that the contractor has the required
active licenses on file. Staff checked references supplied by the contractor for previous work
performed and found all to be satisfactory.
Timeline
Inspection services will be required beginning in August 2016 and continuing for three years on
an as-needed basis.
City of Palo Alto Page 4
Resource Impact
Funds for this contract will be appropriated over three fiscal years based on Council approval of
the Water, Gas, Wastewater, Electric and Storm Drain Capital Budgets and subject to
satisfactory performance by the contractor. Funding is available from the following Enterprise
Funds:
Utility Fund Cost Center and G/L
Water 522 20021002 - 31650
Gas 524 20020802 - 31650
Wastewater 527 20021202 - 31650
Electric 523 20020202 - 31650
Storm Drain 528 50070201 - 31610
Funding for this contract will be used as needed and is subject to the annual appropriation of
project funds. These resources are necessary to keep up with current CIP plans and funding
was anticipated and allocated within various projects in the Public Works and Utilities as part of
the FY 2017-2021 Adopted Capital Budget for staffing resources.
Policy Implications
The approval of this contract is consistent with existing City policies, including the Council-
approved Utilities Strategic Plan to operate the distribution system in a cost effective manner
and to invest in utility infrastructure to deliver reliable service.
Environmental Review
The approval of this construction inspection services contract does not meet the definition of a
project under Public Resources Code Sec. 21065, so California Environmental Quality Act
(“CEQA”) review is not required. According to CEQA Guidelines Sec. 15378, a project does not
include organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment.
Attachments:
Attachment A: Pro Services Agreement C17163687 Inspection Services 7-27-16 6053801
(PDF)
Attachment B: Bid Summary (PDF)
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CITY OF PALO ALTO CONTRACT NO. C17163687
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
BUILDER’S PROTECTION GROUP, LLC
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 22nd day of August, 2016, (“Agreement”)
by and between the CITY OF PALO ALTO, a California chartered municipal corporation
(“CITY”), and BUILDER’S PROTECTION GROUP, LLC, a limited liability company, located
at 4860 W. 147th Street, Hawthorne, CA 90250, DIR number: 1000040617
("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to inspect overhead and underground construction projects within the City
of Palo Alto on the City’s electric distribution system, water, gas, wastewater and storm drain on
various capital improvement projects (“Project”) and desires to engage a consultant to provide
these on-call services 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,
in this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at
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.
Optional On-Call Provision Services will be authorized by CITY, as needed, with a Task
Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in
substantially the same form as Exhibit A-1. 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.
ATTACHMENT A
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CONSULTANT shall only be compensated for work performed under an authorized Task Order
and CITY may elect, but is not required, to authorize work up to the maximum compensation
amount set forth in Section 4.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through August 31, 2019
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” (“Basic Services”),
and reimbursable expenses, shall not exceed Four Million Two Hundred Thousand Dollars
($4,200,00.00). CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event Additional Services are authorized, the total
compensation for Basic Services, Additional Services and reimbursable expenses shall not
exceed Four Million Six Hundred Twenty Thousand Dollars ($4,620,000.00). The applicable
rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE
SCHEDULE,” which is attached to and made a part of this Agreement. 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.
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 at 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-
1”). 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. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
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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.
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 itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement. CONSULTANT shall procure all permits and licenses,
pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections
such errors and omissions, any change order markup costs, or costs arising from delay caused by
the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent
(10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to
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 CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not
assign or transfer any interest in this Agreement nor the performance of any of
CONSULTANT’s obligations hereunder without the prior written consent of the city manager.
Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any
assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING.
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CONSULTANT shall not subcontract any portion of the work to be performed under this
Agreement without the prior written authorization of the city manager or designee.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval
of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Nick Shaygan
Lau as the Project Manager to have supervisory responsibility for the performance, progress, and
execution of the Services 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.
CITY’s project manager is Romel Antonio, Utilities Department, Engineering Division, 1007
Elwell Court, Palo Alto, CA 94303, Telephone: 650-566-4518. The project manager will be
CONSULTANT’s point of contact with respect to performance, progress and execution of the
Services. CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither 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. CONSULTANT makes no
representation of the suitability of the work product for use in or application to circumstances not
contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and
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agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability
of any nature, including death or injury to any person, property damage or any other loss,
including all costs and expenses of whatever nature including attorneys fees, experts fees, court
costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to
performance or nonperformance by CONSULTANT, its officers, employees, agents or
contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed
to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the
active negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall
not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall
survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any
covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance
or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions,
ordinance or law, or of any subsequent breach or violation of the same or of any other term,
covenant, condition, provision, ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in
Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement
naming CITY as an additional insured under any general liability or automobile policy or
policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming
CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the
approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is
primary coverage and will not be canceled, or materially reduced in coverage or limits, by the
insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of
the cancellation or modification. If the insurer cancels or modifies the insurance and provides
less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the
Purchasing Manager written notice of the cancellation or modification within two (2) business
days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for
ensuring that current certificates evidencing the insurance are provided to CITY’s Chief
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Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement,
including such damage, injury, or loss arising after the Agreement is terminated or the term has
expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior
written notice 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 thereof to CITY, but
only in the event of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or
given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be
paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date (i.e., 10 days after giving notice) of suspension or
termination; provided, however, if this Agreement is suspended or terminated on account of a
default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that
portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such
determination may be made by the City Manager acting in the reasonable exercise of his/her
discretion. The following Sections will survive any expiration or termination of this Agreement:
14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
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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, financial or otherwise, which
would conflict in any manner or degree with the performance of the 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 financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance
with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the
State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant”
as that term is defined by the Regulations of the Fair Political Practices Commission,
CONSULTANT shall be required and agrees to file the 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 REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally
Preferred Purchasing policies which are available at 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 CITY’s Zero Waste
Program. Zero Waste best practices include first minimizing and reducing waste; second,
reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall
comply with the following zero waste requirements:
(a) All printed materials provided by CCONSULTANT 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 of 30% or greater post-consumer content paper, unless
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otherwise approved by CITY’s Project Manager. Any submitted materials printed
by a professional printing company shall be a minimum of 30% or greater post-
consumer material and printed with vegetable based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Division’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no
additional cost to 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. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter
4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any
employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of
work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay
such employees no less than the minimum wage set forth in Palo Alto Municipal Code section
4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In
addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance
in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 25. NON-APPROPRIATION
25.1. This Agreement is subject to the fiscal provisions of the Charter of the
City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any
penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal year, or (b) at any time within a fiscal year in the event that funds are only
appropriated for a portion of the fiscal year and funds for this Agreement are no longer available.
This section shall take precedence in the event of a conflict with any other covenant, term,
condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS
26.1 CONSULTANT is required to pay general prevailing wages as defined in
Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and
Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate
of per diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of worker needed to execute the contract for this Project from the
Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be
obtained at the Purchasing Division’s office of the City of Palo Alto. CONSULTANT shall
provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the
adopted prevailing wage rates as a minimum. CONSULTANT shall comply with the provisions
of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813,
of the Labor Code pertaining to prevailing wages.
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26.2 CONSULTANT shall comply with the requirements of Exhibit “E” for any
contract for public works construction, alteration, demolition, repair or maintenance.
SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement will be governed by the laws of the State of California.
27.2. 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.
27.3. 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.
27.4. 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.
27.5. The covenants, terms, conditions and provisions of this Agreement will
apply to, and will bind, the heirs, successors, executors, administrators, assignees, and
consultants of the parties.
27.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
27.7. 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.
27.8 In the event of a conflict between the terms of this Agreement and the
exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case
of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall
control.
27.9 If, pursuant to this contract with CONSULTANT, CITY shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable
and appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for
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direct marketing purposes without City’s express written consent.
27.10 All unchecked boxes do not apply to this agreement.
27.11 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.
27.12 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
BUILDER’S PROTECTION GROUP,
LLC
By:___________________________
Name: Adam Shaw______________
Title:__Vice President____________
By:___________________________
Name:___Zahra Anderson ________
Title:_Secretary_________________
Attachments:
EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER (for on-call contracts only)
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “C-1”: SCHEDULE OF RATES
EXHIBIT “D”: INSURANCE REQUIREMENTS
EXHIBIT “E”: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
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EXHIBIT “A”
SCOPE OF SERVICES
Builders Protection Group, LLC shall provide professional contract electrical, water, gas,
wastewater, storm drain, and general public works inspection services (e.g. trench excavation &
Backfill; curb, gutter, and sidewalk; paving, etc.) to support upcoming overhead and
underground construction projects within the City of Palo Alto on the City’s electric distribution
system, water, gas, wastewater, and storm drain Capital Improvement Projects and
improvements in the public right-of-way related to private land development. The inspection
work for the Public Works Department may also include inspection of and sign-off of work
associated with Street Work, Encroachment, Dewatering, Grading and Excavation Permits. In
addition to the inspection of infrastructure improvements, the Builders Protection Group, LLC
shall also be responsible for review of construction-related Best Management Practices;
stormwater pollution prevention plans; installation of permanent stormwater treatment
measures, and compliance with traffic control and logistics plans. The Builders Protection
Group, LLC shall furnish personnel with a strong background and experience in electric, water,
gas, wastewater, and storm drain utility construction practices and standards as well as general
public works construction practices.
Inspection services will be provided on an “as requested” basis. It is expected that the
inspector(s) will be available on-site in Palo Alto within 48 hours of the time services are
requested. It is expected that the majority of services will be required during normal working
hours of 7am-4pm, however, work may be required night and/or day, on weekends, holidays
and/or on a split shift basis. Work weeks may be in excess of or less than the standard 40-hour
week.
The total expenditure for the three-year contract is not to exceed $4,620,000 based on 5 full-
time water-gas-wastewater inspectors, 2 full-time electric inspectors, 1 full-time public works
inspector, and 1 part-time storm drain inspector, however, the City makes no guarantee as to
the actual amount of services to be requested under any resulting inspection services contract.
Contract term will be based on Utilities and Public Works departmental workloads and
satisfactory Builders Protection Group, LLC performance.
Construction Standards
Electric:
Construction inspection shall be in accordance with the City of Palo Alto Utilities (CPAU) Electric
Construction Standards manual; CPAU Electric Service Requirements manual; CPAU Safety
Rules manual; CPAU plans, Permits and other documents governing the construction of the
project; and California Public Utilities Commission (CPUC) General Orders 95, 128 & 165, rules
for construction and maintenance of overhead and underground electric supply and
communication systems.
Water-Gas-Wastewater:
Construction Inspection shall be in accordance with the City of Palo Alto Utility Standards for
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WGW construction. The Builders Protection Group, LLC shall have knowledge of and be familiar
with the applicable rules for construction from the Department of Public Health regulations
governing water main installation and Department of Transportation regulations governing gas
installations.
Public Works & Storm Drain:
Construction inspection shall be in accordance with the City of Palo Alto Standard Drawings and
Specifications as published by the Public Works Department.
Labor, Materials, Vehicles & Equipment
Builders Protection Group, LLC shall furnish their personnel with all materials, equipment
(including all Personal Protective Equipment [PPE]), and transportation required to perform the
work. The Builders Protection Group, LLC’s personnel shall have appropriate vehicles, cellular
phones, computers, and miscellaneous equipment, supplies, and if needed appropriate testing
subconsultants required to perform the work as assigned. The cost of materials, vehicles,
equipment, supplies, meals, lodging and travel expense including incidental overhead shall be
included in each of the standard hourly rate and for overtime. Base rate plus 10% premium
shall be allotted when Lead Inspector role has been approved in advance by the City.
The Builders Protection Group, LLC’s work shall be under the direction of, and shall be reviewed
by, the City’s Project Engineer/Project Manager as specified in the contract. The Builders
Protection Group, LLC shall assign specific person(s) for the duration of the Contract, unless
otherwise approved by the City’s respective Project Engineer assigned. Back-up Builders
Protection Group, LLC resources should be available in case of loss of staff, sickness, or
vacations, or as required by the work.
A copy of work experience and/or relevant and appropriate licensing shall be provided before
work begins to the City’s Project Manager. Builders Protection Group, LLC’s personnel who do
not meet all of the specified requirements, or who fail to perform their work in an acceptable
manner, shall be removed from the work when determined and directed by the City’s Project
Manager.
General Work Description
BPG’s field Inspector shall inspect new overhead and underground utility and public works
construction, alterations and repairs to insure compliance with plans, specifications and codes.
The Inspector’s responsibilities may include, but are not limited to the following:
Performs duties described in CPAU Inspector Checklist.
Maintains a daily log of construction project activity, tracks job status and submits progress
reports as required.
Ensures that all applicable utility rules, codes and safety regulations are complied with.
Ensures all facilities are constructed in accordance with applicable plans and specifications.
Notifies contractors and the City’s project Engineer of non-compliance with the contract plans
and specifications in a timely manner.
Reports and documents safety and compliance infractions and unsafe work procedures.
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Prepares inspection documentation for development of progress payments for the project
construction contractor.
Assists in preparing punch lists of uncompleted work, non-conformance reports, and deficiency
notices.
Certifies as to the acceptability of each project upon its completion.
Conducts and generates agenda minutes of weekly field meetings.
Documents installed work on the as built/record drawings on a daily basis (This may include the
use of GPS equipment for data acquisition).
Documents with photographs whenever possible.
Builders Protection Group, LLC shall conduct Site Safety Inspections and work with the
construction contractor at the start of projects on an “as-needed” basis
Qualifications
The Electrical Field Inspector or Water-Gas-Wastewater Field Inspector assigned to work on
CPAU’s Projects shall have a minimum of 10-15 years experience working for an Investor
Owned Electric Utility and/or a Municipal Public Utility in the areas of overhead and
underground construction, installation and rehabilitation of water-gas-wastewater pipelines,
maintenance and inspection with a working knowledge of CPUC General Orders 95, 128, & 168.
The Public Works/Storm Drain Field Inspector assigned to work on general public works and
storm drain projects shall also have a minimum of 10-15 years experience working in the area
of public works and underground construction. Builders Protection Group, LLC shall have the
ability to make sound decisions and to communicate with others and to assimilate and
understand information in a manner consistent with the essential job functions. Builders
Protection Group, LLC personnel shall maintain the physical condition appropriate to the
performance of the assigned duties which may include walking or standing for extended
periods of time.
Personnel qualifications and staffing levels for City projects shall be subject to the approval of
the City’s specific Project Engineer assigned. The Project Engineer shall reserve the right to
review the resume and interview any new proposed Builders Protection Group, LLC personnel
for City projects. References of inspection experience shall be available for all staff, and may be
requested at any time during the Contract.
Documentation & Deliverables
Inspection Work shall conform to the City’s Construction Standards, Project Drawings and the
Inspector Checklist. Builders Protection Group, LLC’s field inspector shall maintain a daily
journal/diary for each day the inspector performs work on the project. The contents of the
diary shall consist of brief, accurate statements of progress and conditions encountered during
the prosecution of the work. A copy of the daily diary/report shall be given daily to the City’s
assigned Project Engineer and will become a part of the permanent project record.
Any safety violations and inspections infractions found are to be communicated to the City and
Contractor in real time as they are discovered.
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Once a week an electronic effort summary report (web-based or in MS Word or MS Excel
format) shall be sent to the Project Engineer summarizing job highlights to Builders Protection
Group, LLCs work hours, the equipment inspected and any infractions found.
The Builders Protection Group, LLC shall provide a user login to the City of Palo Alto for the
Contractor’s information systems, BPG Central, for more detailed and real time project
tracking.
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EXHIBIT “A-1”
PROFESSIONAL SERVICES TASK ORDER (SAMPLE)
Consultant hereby agrees to perform the work detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into the Agreement by
this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel
required by this Task Order as described below.
CONTRACT NO. ISSUE DATE
Purchase Requisition No.
1A. MASTER AGREEMENT NUMBER
1B. TASK ORDER NO.
2. CONSULTANT
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT $__________________________________
5. BUDGET CODE: _______________
COST CENTER_________________ COST ELEMENT______________ WBS/CIP___
_______PHASE___
6. CITY PROJECT MANAGER’S
NAME/DEPARTMENT_________________________________________
7. DESCRIPTION OF SCOPE OF SERVICES
MUST INCLUDE:
WORK TO BE PERFORMED
SCHEDULE OF WORK
BASIS FOR PAYMENT & FEE SCHEDULE
DELIVERABLES
REIMBURSABLES (with “not to exceed” cost)
8. ATTACHMENTS: A: Scope of Services B: __________________________________
-----------------------------------------------------------------------------------------------------------------------------------
I hereby authorize the performance of I hereby acknowledge receipt and acceptance
the work described above in this Task Order. of this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED: APPROVED:
CITY OF PALO ALTO COMPANY NAME: ______________________
BY:__________________________________ BY:____________________________________
Name ________________________________ Name __________________________________
Title_________________________________ Title___________________________________
Date _________________________________ Date ___________________________________
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall follow the table details of the anticipated time-table for inspection
services and expected call back times. In the event the City needs to contact the inspector
outside of normal business hours, Jaco Lau will be available to the City. He can be contacted via
cell phone at (310) 627-7223.
Turnaround Schedule
Type of Project Turnaround Time
Call Back 24-hours
Inspection Services 2 Business Days (48-hours)
Emergency Inspection Services 24-hours
Publication of Inspection Effort Summary Reports 5 Business Days
Submittal of Inspection Reports Daily
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EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed
in accordance with the terms and conditions of this Agreement based on the hourly rate
schedule attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all services,
additional services, and reimbursable expenses shall not exceed the amount(s) stated in
Section 4 of this Agreement. CONSULTANT agrees to complete all Services and
Additional Services, including reimbursable expenses, within this/these amount(s). Any
work performed or expenses incurred for which payment would result in a total exceeding
the maximum amount of compensation set forth in this Agreement shall be at no cost to
the CITY.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are
included within the scope of payment for services and are not reimbursable expenses.
CITY shall reimburse:
The following table outlines the pricing for inspections related to the latest City Standardsof the
specified utilities:
Title Duties Hourly Rates
Water-Gas-Wastewater
Inspections
Perform inspections and re-inspections to
determine compliance with the adopted State
codes, applicable laws, regulations, local
ordinances, and City policies.
Regular Hours: $75
Overtime: $100
Holiday: $100
Electric Inspections
Perform inspections and re-inspections to
determine compliance with the adopted State
codes, applicable laws, regulations, local
ordinances, and City policies.
Regular Hours: $75
Overtime: $100
Holiday: $100
Public Works Inspections
Perform inspections and re-inspections to
determine compliance with the adopted State
codes, applicable laws, regulations, local
ordinances, and City policies.
Regular Hours: $75
Overtime: $100
Holiday: $100
Storm Drain Inspections
Perform inspections and re-inspections to
determine compliance with the adopted State
codes, applicable laws, regulations, local
ordinances, and City policies.
Regular Hours: $75
Overtime: $100
Holiday: $100
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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 expenses, 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.
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EXHIBIT “C-1”
SCHEDULE OF RATES
Unexpected additional work or Emergency work (unplanned and less than 48 hour notification)
to be performed are charged at the following rates
Title Duties Hourly Rates
Inspections
Perform inspections, re-inspections, to determine compliance
with the adopted State codes, applicable laws, regulations, local
ordinances, and City policies.
Regular Hours: $75
Overtime: $112.5
Holiday: $150
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Builder’s Protection Group, LLC will charge the following PLUS an additional 10% for the
following additional services, as requested by the City:
2015-2016 STANDARD SCHEDULE OF FEES AND SERVICES
GEOTECHNICAL ENGINEERING, SPECIAL INSPECTIONS AND CONSTRUCTION MATERIALS TESTING SERVICES
PROFESSIONAL HOURLY RATES ** Prevailing Wage
Senior Staff Professional $200.00
Geotechnical Engineer $175.00
Staff Professional / Resident Engineer / QA Manager $150.00
Project Engineer $135.00
Senior Project Manager $175.00
Project Manager $150.00
Expert Witness $350.00
Draftsman $95.00
Secretarial Services $65.00
** Applies to all professional rates including but not limited to civil, geotechnical & environmental, geologists, & mechanical.
SPECIAL INSPECTION PERSONNEL HOURLY RATES Non Prevailing Wage Prevailing Wage
Certified ICC Special Inspector $ 90.00 $115.00
Pile Driving Inspector $ 95.00 $125.00
Soil / Asphalt Technician $ 90.00 $115.00
Laboratory Technician $ 90.00 $115.00
AWS/CWI Welding Inspector $ 95.00 $120.00
Supervisory Technician $ 135.00 $135.00
Certified ICC / DSA / OSHPD Building Inspector $ 125.00 $125.00
Senior Specialty Technician (FF, Coring, X-Ray, etc.) $ 125.00 $165.00
Non-Destructive Testing, Level III $ 115.00 $125.00
Senior Construction Inspector $ 115.00 $125.00
FIELD TESTING EQUIPMENT HOURLY RATES Prevailing Wage
Anchor Pull Testing $ 20.00
Torque Wrench $ 20.00
Skidmore Wilhelm H. S. Bolt Calibrator $ 30.00
Paint Coating Gauge / Moisture Meter $ 20.00
Floor Flatness Equipment $ 40.00
UT / MT / PT Testing Equipment $ 15.00
Radiographic Equipment (Cesium 192) $ 65.00
Ground Penetrating Radar $ 65.00
Nuclear Gauge or Sand Cone Equipment $ 20.00
Pachometer $ 20.00
Smart Tables / Laptop Computers $ 5.00
Coring Equipment (Core drill, generator, etc.) $ 55.00
Concrete Test Equipment, Air Meter, Unit Weight , Slump Kit, Platform Scale $ 15.00
Schmidt Hammer $ 20.00
Concrete Vapor Transmission Test Kits (Each) $ 80.00
BASIS OF CHARGES (CONTINUED) Notes
1. Outside Equipment & Services Cost plus 20%
2. Mileage 0.75/mile
3. Per Diem $125/Day, or cost plus 20% whichever is greater
4. Technical Services (Portal to Portal) Show-up/Cancellation: 2-hour minimum
Shop/Field Services: 4-hour increment
Work + 8 hours: 2-hour increment
Office Staff: 1-hour increment
5.Premium Time Over 8-hrs on Weekday and First 8-hrs on Saturday: 1.5 x Rate Over
12-hrs on Weekday and Over 8-hrs on Saturday: 2.0 x Rate
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT
INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS
SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND
PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
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THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT 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 CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN
(10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE EMAILED TO: InsuranceCerts@CityofPaloAlto.org
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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EXHIBIT “E”
DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
This Exhibit shall apply only to a contract for public works construction, alteration, demolition,
repair or maintenance work, CITY will not accept a bid proposal from or enter into this
Agreement with CONSULTANT without proof that CONSULTANT and its listed
subcontractors are registered with the California Department of Industrial Relations (“DIR”) to
perform public work, subject to limited exceptions. City requires CONSULTANT and its listed
subcontractors to comply with the requirements of SB 854.
CITY provides notice to CONSULTANT of the requirements of California Labor Code section
1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject
to the requirements of Section 4104 of the Public Contract Code, or engage in the performance
of any contract for public work, as defined in this chapter, unless currently registered and
qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section
for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the
Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code,
provided the contractor is registered to perform public work pursuant to Section 1725.5 at the
time the contract is awarded.”
CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is
required to post all job site notices prescribed by law or regulation and CONSULTANT is
subject to SB 854-compliance monitoring and enforcement by DIR.
CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of
Labor Code section 1776, including:
Keep accurate payroll records, showing the name, address, social security number, work
classification, straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman, apprentice, worker, or other employee employed by,
respectively, CONSULTANT and its listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and made available
for inspection at all reasonable hours at the principal office of CONSULTANT and its listed
subcontractors, respectively.
At the request of CITY, acting by its project manager, CONSULTANT and its listed
subcontractors shall make the certified payroll records available for inspection or furnished upon
request to the project manager within ten (10) days of receipt of CITY’s request.
CITY requests CONSULTANT and its listed subcontractors to submit the certified
payroll records to the project manager at the end of each week during the Project.
If the certified payroll records are not produced to the project manager within the 10-day period,
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then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred
dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold
the sum total of penalties from the progress payment(s) then due and payable to
CONSULTANT.
Inform the project manager of the location of CONSULTANT’s and its listed subcontractors’
payroll records (street address, city and county) at the commencement of the Project, and also
provide notice to the project manager within five (5) business days of any change of location of
those payroll records.
ATTACHMENT B: BID LIST SUMMARY
Type Apex BPG, LLP Canus 4LEAF
WGW
Regular 87.00$ 75.00$ 137.83$ 137.00$
OT 130.50$ 100.00$ 163.34$ 205.50$
Holiday 174.00$ 100.00$ 163.34$ 274.00$
Elecric
Regular 100.00$ 75.00$ 137.83$ 137.00$
OT 150.00$ 100.00$ 163.34$ 205.50$
Holiday 200.00$ 100.00$ 163.34$ 274.00$
Public Works
Regular 87.00$ 75.00$ 137.83$ 137.00$
OT 130.50$ 100.00$ 163.34$ 205.50$
Holiday 174.00$ 100.00$ 163.34$ 274.00$
PW - Storm
Regular 87.00$ 75.00$ 137.83$ 137.00$
OT 130.50$ 100.00$ 163.34$ 205.50$
Holiday 174.00$ 100.00$ 163.34$ 274.00$
Total 1,624.50$ 1,100.00$ 1,858.04$ 2,466.00$
Cost = 10%6.77 10 5.92 4.46
Points