HomeMy WebLinkAbout2001-01-22 City CouncilCity of Palo Alto
cat M.anager, s=HONORABLE CITY COUNCI~y
FROM:CITY MANAGER DEPARTMENT:UTILITIES
DATE:
SUBJECT:
JANUARY 22, 2001 CMR110:01
APPROVAL OF A CONTRACT FOR $681,400 WITH
ENERGY MASTERS INTERNATIONAL INC., FOR THE
COMPLETE RETROFIT OF THE CITY’S TRAFFIC SIGNAL
SYSTEM FROM INCANDESCENT LAMP TO ENERGY
EFFICIENT LIGHT EMITTING DIODE TECHNOLOGY
AND APPROVAL OF A GRANT REQUEST TO THE STATE
OF. CALIFORNIA TO PARTIALLY FUND THIS RETROFIT
RECOMMENDATION
Staff recommends that Council:
1)Authorize the Mayor to execute the attached contract with Energy Masters
International, Inc. for $681,400 to retrofit the City’s traffic signal system, and
2)Approve the attached Resolution requesting a $224,700 cash grant from the
California Energy Commission (CEC) to partially fund the retrofit of the
City’s traffic signal system from incandescent lamp to energy efficient light
emitting diode (LED) technology.
BACKGROUND
The Utilities Department spends between $600,000 to $800,000 annually for the
oVerall operation and maintenance of 89 intersection traffic signals. All of these
signals now use inefficient incandescent lamps that must be replaced ev.ery seven
months. Retrofit to LED will allow the City to significantly reduce electric demand,
electric consumption, and operations and maintenance costs.
An opportunity exists to obtain grant funding to pay a significant portion of the
cost to improve energy and labor efficiency in the City’s traffic signal system. The
state of California is presently experiencing a critical electrical capacity shortage
and is offering grants to fund municipal traffic signal system retrofits.
CMR:ll0:011 Page 1 of 4
DISCUSSION
Pro_iect Description
The Institute of Transportation Engineers (ITE) writes standards and specifications for
vehicle control devices. The current traffic signal standards for incandescent bulbs
were initially developed by the ITE in the early part of the century. In 1998, the ITE
adopted specifications for LED traffic signals. Consistent with these specifications
and those developed by the State of California Transportation Department (Caltrans),
staff pr.oposes a retrofit of traffic signals that would remove 3646 incandescent lamps
from the red, green, yellow, arrow, and pedestrian walk signals, and install light
emitting diode assemblies. The cost of the retrofit project is estimated not to exceed
$681,400. Replacement of these lamps would reduce energyconsumption between
70 to 80 percent, depending on lamp size. The retrofit would allow reductions in
electrical demand of 161 kW, and electrical use by over 1,410,000 kWh annually.
(Demand is the amount of power required at a given moment in time. Energy use is
the amount of time over which that amount of power is consumed.) The approximate
annual energy cost savings are estimated to be over $120,000 based on the City’s
annual average cost of energy. Staff time will also be saved because the present
replacement cycle for existing lamps will be. extended from seven months to
approximately seven years for the LED lamps.
Selection Process
Staff proposes to enter into a contract with Energy Masters Intemational, Inc. to
perform the retrofit from incandescents to LED by the CEC deadline. The
Northern California Power Agency (NCPA) facilitated a competitive process for
its member utilities to select an energy services company. Along with other
NCPA member utilities~ City of Palo Alto Utilities (CPAU) selected Energy
Masters International, Inc. to provide comprehensive energy project management
services to utility customers. Energy Masters International, Inc. was selected
based on the following criteria: qualifications, experience in engineering, project
management, and the ability to offer competitive products and services. Energy
Masters International, Inc. is a nationally recognized energy-services provider
which specializes in "design and build" engineering for energy-efficiency projects
and has already completed a similar traffic signal system LED retrofit for the City
of Lodi during 1999, and has contracted with the Cities of Redding and Glendale
for similar services under this CEC grant program:
Energy Masters International, Inc. will provide CPAU with complete project
oversight, including project completion, within 90 days of contract execution.
Energy Masters International, Inc. will design and engineer the systems and bid all
construction services to be performed, under the requirements set by City
CMR:ll0:012 Page 2 of 4
purchasing guidelines. Energy Masters International, Inc. is committed to work
closely with City staff to review bids and select the most qualified and economic
subcontractors to install the LED retrofit. During the construction phase, Energy
Masters International, Inc. will manage the selected subcontractors and will
provide system commissioning for all installed fixtures. Energy Masters
International, Inc. will also assume the performance risk of the project, and will
protect the City from contractor change orders.
Grant Application
Grant funding is dependent on the number and type of lamps to be retrofitted. The
CEC has tentatively approved approximately $224,700 for City of Palo Alto in
grant funding, contingent on Council approval of the project. This represents
approximately one-third of the total project cost.The CEC requires that the
retrofit be performed by June 1,2001.
RESOURCE IMPACT
The total cost of the contract to retrofit the traffic Signal s.ystem is $681,400. If
work is completed prior to the June 1, 2001 project deadline, the CEC grant will
contribute $224,700 towards the materials costs of this project. Funding for this
¯ project will initially be through cost savings in the Electric Fund’s 2000-01
Adjusted Budget as time constraints require immediate contract approval.
This project will be appropriately reclassified as part of the Traffic Signals
Upgrade CIP 8930 as a mid-year adjustment, with the Public Benefits Reserve
funding the additional CIP expense. The offset reimbursement from the CEC
grant will be included in the CIP, resulting in net Public Benefits expense of
$456,700. This contract has no impact on the Electric Fund Rate Stabilization
Reserves.
POLICY IMPLICATIONS
The planning and implementation of this project are consistent with existing
policies.
TIMELINE
If awarded, the conditions of the grant require project completion by June 1,2001.
CMR:110:013 Page 3 of 4
ENVIRONMENTAL REVIEW
This project is categorically exempt from the provisions of the California
Environmental Quality Act and no further review is necessary.
ATTACHMENTS:
Attachment A: Resolution of Council for the California Public Utilities
Commission
Attachment B: Contract with Energy Masters International, Incorporated
for $681,400
PREPARED BY: Tom Auzenne, Manager, Utility Marketing Services
Virginia Waik, Marketing E.ngineer
,
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
of Utilities
AUDREY~EYM~UR
Assistant to the City Manager
CMR:l10:014 Page 4 of 4
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF PALO ALTO
AUTHORIZING THE FILING OF AN APPLICATION WITH
THE CALIFORNIA ENERGY COMMISSION FOR A $224,700
GRANT TO FUND AN ENERGY EFFICIENCY PROJECT TO
CONVERT TRAFFIC SIGNAL INCANDESCENT LAMPS TO
LIGHT EMITTING DIODES
WHEREAS, the California Energy Commission provides
grants to finance energy efficiency projects that will reduce
peak electricity demand; and
WHEREAS, the State of California is experiencing a
critical shortage in electrical capacity; and
WHEREAS, the City of Palo Alto wishes to reduce its
electrical demand on the distribution system, with which the
City’s traffic signal system is integrated;
NOW, THEREFORE, the Council of the City of Palo Alto
does hereby RESOLVE as follows:
SECTION I. The Council hereby authorizes the City
Manager or his designated representative, the Director of
Utilities, to apply for and secure a grant of up to $224,700
from the California Energy Commission to convert or replace the
present incandescent bulb traffic signals with those that use
light emitting diodes.
SECTION 2. The City Manager or his designated
representative, the Director of Utilities, is hereby authorized
to execute on behalf of the City of Palo Alto all necessary
documents to effectuate the purpose of this resolution.
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SECTION 3. The Council finds that the adoption of this
resolution does not constitute a project under the California
Environmental Quality Act, and therefore no environmental
assessment is required.
INTRODUCED AND PASSED
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST.:APPROVED :
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Director of
Administrative Services
Director of Utilities
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2
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
ENERGY MASTERS.INTERNATIONAL, INC.
FOR DESIGN AND ENGINEERING TRAFFIC
SIGNAL SYSTEM RETROFITTING SERVICES
This Contract No.is entered into ,
by and between the CITY ~OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and
ENERY MASTERS INTERNATIONAL, INC., a Minnesota corporation, located
at 1385 Mendota Heights Road, St.Paul,MN 55120-1129
("CONTRACTOR").
RECITALS:
WHEREAS, CITY desires certain design and engineering
(traffic signal system retrofitting) services ("Services"), as more
fully described in Exhibit "A"; and
WHEREAS, CITY desires to engage CONTRACTOR, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing such Services, and
CONTRACTOR has offered to provide the Services on the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION 1 - TERM
i.i This Contract will commence on the date of its
execution by CITY. The obligation of CONTRACTOR to per.form the
Services will commence in accordance with the time schedule set
forth in Exhibit "A". Time is of the essence of this Contract. In
the event that the Services are not completed within the specified
time schedule on. account of CONTRACTOR’s default, CITY’s city
manager will have the option of extending the time schedule for any
period of time. This provision will not preclude the recovery of
damages for delay caused by CONTRACTOR.
SECTION 2 - QUALIFICATIONS,
CONTRACTOR
STATUS,AND DUTIES OF
2.1 CONTRACTOR represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services. CONTRACTOR further represents and warrants
that the project director and every individual charged with the
performance of the Services under this Contract are duly licensed
or certified by the State of California, to the extent such
OlO117 syn 0071964
licensing or certification is required by law to.perform the
Services.
2.2 In reliance on the Zepresentation and warranty set
forth in Section 2.1, CITY hires CONTRACTOR to perform, and
CONTRACTOR covenants and agrees that it Will furnish or cause to be
furnished, the Services.
2.3 CONTRACTOR will assign MITCH ANDERSON as the project
~irector to have supervisory responsibility for the performance,
progress, and execution of the Services. If circumstances or
conditions subsequent to the execution of this Contract cause the
substitution of the project, director for any reason, the
appointment of a substitute project director will be subject to the
prior written approval of the project.manager.
2.4 CONTRACTOR represents and warrants that it will:
2.4.1 Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and .lawful prosecution of the Services;
2.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract, any materials used in CONTRACTOR’s
performance under this Contraqt, or the performance of the
Services;
2.4.3 At all times observe and comply with, and cause
its employees and contractors (and consultants), if any, who are.
assigned to the performance of this Contract to observe and comply
with, the laws, ordinances, regulations, orders and decrees
mentioned above; and
2.4.4 Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to any plans, drawings, specifications Or provisions of
this Contract.
2.5 Any reports, information, data or other material
given to, or prepared or assembled by, CONTRACTOR or its
contractors, if any, under this Contract will become the property
of CITY and will not be made available to any individual or
organization by CONTRACTOR or its contractors, if any, without the
prior written approval of the city manager.
2.6 CONTRACTOR will provide CITY with three (3) copies
of the final report, if any, .which may be required under this
Contract, Upon completion and acceptance of each report by CITY.
010117 syn 0071964
2.7 If CITY requests additiona! copies of reports,
drawinq!s, specifications.or any other material which CONTRACTOR is
required to furnish in limited quantities in the performance of
the Services, CONTRACTOR will provide such additional copies and
CITY will compensate CONTRACTOR for its duplication costs.
2.8 CONTRACTOR will be responsible" for employing or
engaging all persons necessary to perform the Services. All
~ontractors of CONTRACTOR will be deemed to be directly controlled
and supervised by CONTRACTOR, which will be responsible for their
performance. If any employee or contractor of CONTRACTOR fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disoqderly or improper manner, the
employee or contractor will be discharged immediately from further
performance under this Contract on demand of the project manager.
SECTION 3 -DUTIES OF CITY
3.1 CITY will furnish or cause to be furnished the
specified services set forth in Exhibit "A" and such ~ther
information regarding its requirements as may be reasonably
requested by CONTRACTOR..
3.2 The city manager will represent CITY for all
purposes under this Contract. VIRGINIA WAIK is designated as the
project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the Services.
3.3 If CITY observes or otherwise becomes aware of any
default in the performance of CONTRACTOR, CITY will use reasonable
efforts to give written notice thereof to CONTRACTOR in a timely~
manner.
SECTION 4 - COMPENSATION
4.1 In consideration of the full performance of the
Services by CONTRACTOR, CITY will pay CONTRACTOR a total sum not
to exceed Six Hundred Eighty-One Thousand Four Hundred Dollars
($681,400) payable within thirty (30). days of submission by
CONTRACTOR of its itemized billings, in triplicate, in accordance
with tlhe following fee schedule set forth in Exhibit "B". J
SECTION 5 -AUDITS
5.1 CONTRACTOR will permit CITY to audit, at any
reasonable time during the term of this Contract and for three (3)
years thereafter, CONTRACTOR’s records pertaining to matters
covered by this Contract. CONTRACTOR further agrees to maintain
and retain such records for at least three (3) years after the
expiration or earlier termination of this Contract.
010117 synO071964
3
SECTION 6 : INDEMNITY
6.1 CONTRACTOR agrees to protect, indemnify, defend and .
hold harmless CITY, its Council members, officers, employees and
agents from any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of CONTRACTOR’s, its
officers’, agents’, subcontractors’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may .impose strict liability on CONTRACTOR in the
performance of or failure to perform its obligations under this
Contract.
SECTION 7 -WAIVERS
7.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Cohtract, 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. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding br4ach or violation
by the other party of any. term, covenant, condition or provision of
this Contract or of any applicable law or ordinance.
7.2 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 Contract.
SECTION 8 -INSURANCE
8.1 CONTRACTOR, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit. "C",
insuring not only CONTRACTOR and its contractors, if any, but also,
with the exception of workers’ compensation, employer’s liability,
and professional liability insurance, naming CITY as an additional
insured concerning CONTRACTOR’s performance under this Contract.
8.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:VII or higher which are admitted to transact insurance business
in the State of California. Anyand all contractors of CONTRACTOR
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITYas an
additional insured under such policies, as required above.
010117 syn 0071964
8.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this.Contract. 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 canceied or altered by the insurer except after filing with
CITY’s city clerk thirty (30) days’ prior written notice of such
cancellation or alteration, and that the City of Palo Alto is named
as an additional insured except in policies of workers’
~ompensation, employer’s liability," and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of t,his Contract with the city
clerk.
8.4 The procuring of such.required policy or policies of
insurance will not be construed to. limit CONTRACTOR’s liability
hereunder nor to fulfill the indemnification provisions of this
contract. Notwithstanding the policy or policies of insurance,
CONTRACTOR will be obligated for the full and total amount of any
.damage, injury, or loss caused byor directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION 9.- WORKERS’ COMPENSATION.
9.1 CONTRACTOR, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured ,against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply With such provisions, as applicable, before
conamencing the performance of the Services.
SERVICES
SECTION i0 -TERMINATION OR SUSPENSION OF CONTRACT OR
I0.I The city manager may suspend the performance of the
Services, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONTRACTOR. Upon receipt of such notice, CONTRACTOR
will immediately discontinue its performance of the Services.
10.2 CONTRACTOR may terminate this Contract 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 or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of the Services to be performed.
010117 syn 0071964
10.3 Upon such suspension or termination by CITY,
CONTRACTOR will be paid for the Services actually rendered to CITY
on or before the effective date of suspension or termination;
provided, however, if this Contract is suspended or terminated on
account of a default by CONTRACTOR, CITY wil! be obligated to
compensate CONTRACTOR only for that portion of the 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 her discretion.
10.4 Upon such suspension or termination, CONTRACTOR will
deliver to the city manager immediately any and all copies of
studies, sketches, drawings, computations, and other data, whether
or not completed, prepared by CONTRACTOR or its contractors, if
any, or given to CONTRACTOR or its contractors, if any, in
connection with this Contract. Such materials will become the
property of CITY.
10.5 The failure of CITY to agree with CONTRACTOR’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract; on th9 basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONTRACTOR to fulfill its obligations under this Contract.
SECTION il -ASSIGNMENT
ii.i This Contract is for the personal services of
CONTRACTOR, therefore., CONTRACTOR will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of the city manager will be
void and, at the option.of the city manager, this Contract may be
terminated. This Contract will not be assignable by operation of
law.
SECTION 12 -NOTICES
12.1 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
above
To CONTRACTOR: Attention of the project director
at the address of CONTRACTOR recited
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SECTION 13 -CONFLICT OF INTEREST
13.1 In accepting this Contract, CONTRACTOR 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.
13.2 CONTRACTOR further covenants that, in the
performance of this Contract, it will not employ any contractor or
person .having such an interest. CONTRACTOR certifies that no
person who. has or w~ll have any financial interest under this
Contract 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.
SECTION 14 -NONDISCRIMINATION
14.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of any person under
this Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of that
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONTRACTOR agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing therequisite
form furnished by CITY and set forth in Exhibit "D".
14.2 CONTRACTOR agrees that each contract for services
with an independent- provider Will contain a provision
substantially as follows:
"[Name of Provider] will provide CONTRACTOR
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; and that
[Name of Provider] will not discriminate in
the employment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
14.3 If CONTRACTOR is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it wil! bein
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
010117 syn 0071964
the sum of twenty-five dollars ($2~) for each person for each
calendar day during which such person was subjected to acts of
discrimination, as damages for breachof contract, or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of. this Contract.
SECTION 15 -MISCELLANEOUS PROVISIONS
15.1 CONTRACTOR represents and warrants that it has
knowledge of the requirements of the Americans with Disabilities
Act of 1990,-and the Government Code and the Health and Safety Code.
of the State of California, relating to access to public buildings
and accommodations for disabled persons, and relating to facilities
for disabled persons. CONTRACTOR will comply with or ensure by its
advice that compliance with such provisions will be effected in the
performance of this Contract.
15.2 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
15.3 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 or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
15.4 The prevailing party in any action brought to
enforce the provisions of this Contract may recover its reasonable
costs and attorneys’ fees expended in connection with that. action.
i5.5 This document represents the entire and integrated
agreement between the parties and. supersedes all prior negotia-
tions, representations, and contracts, either written or oral.
This document may be amended only by.a written instrument, which is
signed by the parties.
15.6 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
15.7. The covenants, terms, conditions and provisions of
this Contract will-apply to, and wil! bind, the heirs, succgssors,
executors, administrators, assignees, and contractors, as the case
may be, of the parties.
15.8 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void orunenforceable, the unaffected provisionsof this Contract
and any amendments thereto will remain in full force and effect.
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15.9 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
.15.10 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
15.11 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate wit.bout 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 Contract are no longer
available. This Section 15..11 shall take precedence in the event
of a conflict .with~ any other covenant,term,condition,or
provision of this Contract.
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IN WITNESS WHEREOF, the.parties-hereto have.by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
"City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant Cit~ Manager
Mayor
ENERGY MASTERS INTERNATIONAL,
INC.
By:
Name:
Title:
By:
Name:
Title:
Taxpayer Identification No.
Director of Administrative
Services
Director of
Risk Manager
(Compliance with Corp. Code § 313 is
required if the entity oh whose behalf
this contract is signed is a corporation.
In the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
Attachments :
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C":
EXHIBIT "D" :
SCOPE OF PROJECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
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10
CERTIFICATE OF ACKNOWLEDGEMENT
(Civil Code § 1189)
STATE OF )
) SS.
COUNTY OF )
On , 2001, before me,,
a Notary Public in and for said County and State, personally
appeared , personally known to me
or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the .person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
010117 syn 0071964
11
CERTIFICATE OF ACKNOWLEDGEMENT
(Civil Code § 1189)
STATE OF )
COUNTY OF )
On ,2001, before me,,
a Notary Public in and for said County and State, persSnally
appeared , personally known to me
or proved to me on the bas±s of satisfactory evidenceto be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
010117 syn 0071964
12
Exhibit "A"
Scope of Project
&
Time Schedule
Scope of Services
Provide all labor, material and professional, services for complete design/build
implementation of the LED Traffic Signal Project, installed per local and national codes
and in compliance with the California Energy Commission (CEC)-Peak Load Reduction
Program Light Emitting Diode Traffic Signal Conversion Program as follows:
Engineering Design of the recommended LED traffic signals includes:
¯ Work with the City to make final selection of approved LEDs.
-¯Perform vendor and contractor competitions.
¯Pre-qualify contractors.
¯Conduct project pre-bid walk-through for contractors.
¯Receive and evaluate construction and vendor bids.
¯Review bids with the City.
¯Negotiate contractor costs and award of subcontracts.
Construction Administration work assures correct installation in compliance with
drawings and specifications. This includes:
¯Approve contractor installation pla~s.
¯Receive, accept and document delivery of inventory
¯Ensure product adherence to specification.
¯Conduct .regular construction coordination meetings to review construction
and progress.
¯Perform regular site visits and investigate progress.
¯Review contractor progress payment requests and submit to City for
approval.
¯Frequently report to the City on construction status and milestones.
¯Assemble final punch list and project approval.
Post-construction Services assures that all new and renovated equipment and systems
are properly installed and commissioned and that the City’s personnel are
properly trained on the operation, maintenance, and purpose of this equipment
as well as on energy efficient practices. It also includes the cost to measure and
verify energy savings, as required by the Utility.
¯Confirm proper operating conditions are maintained.
¯Conduct training for appropriate City personnel.
¯Provide training, operation and maintenance manuals for retrofitted systems.
¯Conduct all savings measurement and verification, in concert with the Utility.
¯Our warranty covers labor and materials of all installed equipment for one
year. By special request of City.
¯All storage and disposal costs are included as part of the Scope.
¯The manufacturer’s warranty will cover materials for five years.
Payment and Performance Bonds Energy Masters International, Inc. will procure
Payment and Performance Bonds as required by the City. Payment and Performance
bonds are typically written for the installed cost of labor and material based on declining
block coverage. The total cost for bonds are based on the total installed cost of the
project. This normally equates to approximately 1% of Labor and Material. contract
value.
Program Management Fee covers the overall management and administration of the
project. It is analogous to the services of a Developer/General Contractor and includes
the following:
¯Coordina{ion, management and scheduling of all subcontractors and
services.
¯Arrangement and coordination of program financing.
¯Coordination of utility resources or incentives, where applicable
¯Legal and contractual program management.
¯General and administrative overhead.
¯Risk
This program management fee also incorporates our performance risk. It is
ENERGY MASTERS INTERNATIONAL, Inc.’s responsibility to assure that a
quality program is implemented within budget and that savings are generated,
verified, and maintained such that they will cover all Program Costs. We take
responsibility for accurate inventories of systems to be installed. Any fixtures not
captured in our assessments will be installed at no cost to the City.
Quantities & Locations
The following is a summary of the total quantities to be installed.
Quantity Quantity
Fixture Type Installed Inventory
12" red balls 247 5
12" red arrows 112 3
12" red beacons 52 2
8" red ball 561 12
12" amber balls 246 5
12" amber arrows 112 3
12" amber beacons 2 1
8" amber ball 562 12
12" green balls 246 5
12" green arrows 131 3
8" green ball 561 12
Hand/Ped Man 407 9
Total 3,239 72.
See the attached inventory for the scope of work for specific intersections.
CITY OF PALO ALTO: TRAFFIC SIGNALS INVENTORY
Sand Hill & Oak Creek West
Sand Hill & Oak Creek East "
Sand Hill & Pasteur
Hill & Arboretum
Pasteur
Quarry & Welch
Shop
Stanford
Lytton
Middlefleld & University
Middlefield & Hamilton
Middlefield & Homer
Middlefleld & Channing
Middlefield & Addison
MIddlefield & Melville
Channing & Wavedey
Middlefield & N California
Alma & Lytton
Lytton & High
Lytton & Emerson
Lytton & Ramona
Lytton & Bryant
Lytton & Florence
Lytton & Waverley
L.,ytton & Cowper
Lytton & Webster
University & El Camino Real
University & High
University & Emerson
University & Ramona
University & Bryant
University.& Florence
University & Wavedey
University & Cowper
University & Webster
Un.iversity & Guinda
University & Chaucer
University & Lincoln
& Hamilton
Hamilton & High
Hamilton & Emerson
Hamilton & Ramona
Hamilton & Bryant
12" Balls 12" Balls Arrows t2" Beacons
12 12 12 8 8 8
3 3 3
14 14 14 8 8 8
14 14 14 8 8 8
11 11 11
2 2 2 6 6 6
2 2 2 6 6 6
12 12 12 2 2 2
12 12 .12 6 6 6
2 2 2
6 6 6
2 2 2
2 2 2
2 2 2
2 2 2
2 2 2
2 2
2.2
2 2
1 1
2 2
2 2
2 2
2 2
2 2
1
2
2
2
2
2
8" Balls
7 7
7 7
7 7
2 2
7
7
2
Square
8 8 8
7 7 7
8 8 8
6 6 6
6 6 6
8 8 8
8 8 8
6 6 6
8 8 8
8 8 8
8 8 8
8 8 8
8 8 8
8 8 8
8 8 8
8 8 8
8 8 8
8 8 8
8 8 8.
8 8 8
8 8 8
8 8 8
8 8 8
8 8 8
8 8 8
7 8 8
8 8 8
8 8 8
8 8 8
8 8 8
8 8 8
¯ 8 8 8
8 8 8
8 8 8
8 8 8
8 8 8
4
2
8
8
8
8
8
8
8
8
8
8
8
8
6
8
8
8
8
8
8
8
8
Continued on next page.
Continued from previous page.
Hamilton & Gilman
Hamilton & Waverley
Hamilton & Cowper
Hamilton & Webster
Embarcadero & Waverley
Embarcadero & Middlefield
Embarcadero & Newell
Embarcadero & P.A High School
Embarcadero & Louis
Newell & Channing
Embarcadero & Graer
Emba’rcadem & Bryant
Embarcadero & St. Francis
Embarcadero & Bayshore
E. Bayshore Rd & Laura Lane
Embarcadero & Geng
Middlefield & Colorado
Middlefield & Loma Verde
Middlefield & Coop Pad
Stanford/Hanover & Escondido
Poder & Hanover/Hillview
East Meadow & Cowper
Middlefield & Mawiew
Middlefield & E. Charleston
Middlefield & Montrose
& Nita
& Middlefield
~n Antonio & Leghorn
& Charleston
& E. Bayshore
& Fabian
E. Meadow
Homer
Alma & Churchill
E. Meadow & Waverley
Alma & E. Meadow
Alma & E. Charlston
Alma & San Antonio
Arastradero & Gunn High
Arastradero & Donald
Arastradero & Coulombe
Charleston & Wilkie
Charlestone & Carlson
Charleston & Nelson
GITY OF PALO ALTO: TRAFFIC SIGNALS INVENTORY
t2" Balls t2" Balls Arrows 12°’ Beacons 8" Balls
2
5
3
9
2
4
2
2
2
5
2
2
2
2
2
5
3
2
4
2
2
2
5
2
2
2
2
2
5
3
9
2
4
2
2
2
5
2
2
2
2
4
4
4
4
,4
4
4
4
4
8
8
8
8
8
7
2 7
8
5
8
8
8
8
8
8
8
8
8
8
8
8
8
7
7
8
5
8
8
8
8
8
8
8
8
8
8
8
8
8
7
7
8
5
8
8
8
8
.8
8
8
8
2 2 2
2 2 ’2
4 4 4
2 2 2
1 1 1
4 "4 4
2 2 2
4 4 4
4 4 4
4 4 4
4 4 4
2 2 2
10 10 10
8 8 8
6 6 6
6 6 6
6 6 6
2 2 2
2 2 ’2
2 2 2
2 2 2
2 2 2
2 2 2
6
2
7
4
8
8
6
2
7
4
8
8
4 4
4 4
4 4
4 4
1 .1
6
2
7
4
8
8
2
8
8
4
2
12
20
20
8
8
8
8
1
4
8
5
8
8
6
4
8
6
8
8
8
8
8
8
8
1
4
8
5
8
8
6
4
8
6
8
8
8
8
8
8
8
1
4
8
5
8
8
6
3
8
6
8
8
8
Square
8
8
8
4
3
8
8
8
8
8
8
8
8
6
4
8
4
8
8
8
8
8
8
8
4
8
2
8
6
6
246 246 112 112 131 52 2 561 562 561 0 0 407
Measurement & Verification
Measurement and verification of the actual savings will be performed on a representative
random sampling of intersections:
Amps, volts and power (kW) readings will be measured pre and post
construction. Hours of operation Will be stipulated .from the California Energy
Commission’s (CEC) Load Factor chart published in the Grant Application.
Measurement and Verification (M&V) Guidelines for Federal Energy Projects published
by the U.S. Department of Energy to calculate sample sizes.
Based on the given populations, Energy Masters International, Inc. will work ~vith the City
to identify specific traffic signals that will be selected from which the sample
measurements will be taken:
Quantity Sample
¯Fixture Type Installed Size
12" red balls 247 "10
12" red arrows 112 10
12" red beacon 52 9
8" red ball 561 11
12" amber balls 246 10
12" amber arrows 112 10
12" amber beacon 2 2
8" amber ball 562 9
12" green balls 246 10
12" green arrows 131 10
8" green ball 561 11
Hand/Ped Man 407 11
Total 3,239 113 ’
Training
Energy Masters International, Inc. and/or their subcontractors will provide up to four (4)
hours of training for City operations and maintenance personnel. The content and
location of the training session will be mutually determined by Energy Masters
International, Inc. and the City to maximize the effectiveness of the training.
Installing Contractor Specifications
Energy Masters International, Inc. will work with the City to select the most qualified, cost
reasonable contractor from the quotation solicitation. The quoting subcontractors will be
provided the City of Palo Alto’s Traffic Control Requirements to ensure safety and proper
traffic control. Although these requirements are directed more towards construction
projects, the traffic control principles will be followed..
City of Palo Alto
Traffic Control Requirements
The Contractor shall conduct operations and schedule cleanup so as to cause the
least possible .obstruction and inconvenience to traffic, pedestrians, cyclists, and
adjacent property owners. All work areas shall be swept clean at the end of each
day’s work and at other times when directed by the City. A mobile street sweeper
shall be used wherever practical, and dust shall be suppressed to the satisfaction of
the CitY.
The-Contractor shall protect open excavations, trenches, and such during
construction with fences, covers, and railings, as required, together ’with signs,
lights, and other warning .devices sufficient to maintain safe pedestrian, bicycle, and
vehicular traffic to the satisfaction of the City.
Damage done by the Contractor during the course of the work to adjacent City or
private property shall be repaired in kind, or as the Engineer shall direct, at the
Contractor’s expense. This includes the repair of traffic loop detectors, tape striping,
signing, curb markings, etc. Loop detectors must be repaired within one week of the
damage.
The Contractor shall remove all forms, debris, and undesirable material from the job
site at the end of each workday. After each site has been completed, the Contractor
shall restore planting areas and other areas abutting the work to the condition
existing at the start of work. Unless otherwise authorized by the City Inspector, all
construction and restoration including loop detectbrs, tape striping, signing, curb
markings, etc. shall, be completed within 15 working days from start of work at any
specific location, except loop detectors which must be repaired within seven days.
The work of restoration, including pavement legends, detector loops, striping, and
signing, and cleanup, at each listed location, shall be diligently pursued to completion
and at no location shall the work be left partially completed for more than seven
working days.
o The Contractor shall notify the abutting property owners at least 72 hours prior to
commencing work at their specific locations. If the driveway to any.garage or parking
area is to be closed for construction work, this notice shall state the approximate time
it will be reopened. The Contractor shall post "No Parking" signs as required.
7.No stockpiling of materials or parking of equipment during non-working hours will be
allowed on City property, i.e., streets, alleys, parking lots, or sidewalks, etc.
10.
11.
12.
13.
¯ 14.
15.
16.
17.
18.
19.
The Engineer shall have the right to limit the amount of trench that may .be ¯opened or
partly opened at any time. No more than 300 feet of trench shall be left open at any
one time.
All open trench and excavations must be backfilled and paved with .temporary A.C. or
steel-plated at the end of each work day with non-skid plates. The Contractor shall
place cold cut back around the edges of non-skid steel plates to eliminate the vertical
edges.
The Contractor.will place cold cut back around the iron work sticking out of the
surface, and the edges of the trenches (when backfilled with concrete-slurry) to avoid
vertical edges. A minimum of 2 inch of cutback will be used. Use of a whacker plate
shall be required for all temporary pavement patches for better compaction, and to
ensure that the patch holds up better andlonger.
Spillage resulting from hauling operations along or across any public traveled way
shall be removed immediately by the ContractOr at his expense.
City of Palo Alto truck routes shall be used.
Contractor shall obtain a Transportation permit from the Transportation Division for
any vehicle which exceeds weight or dimensions prescribed in California Vehicle
Code.
Contractor shall use Caltrans standard signs, traffic cones, or delineators (tubular
devices), or barricades, etc. for traffic control. All signs shall be placed in positions
where they convey their message most effectively.
A flag type high level warning device with three or more flags shall be used for each
direction of traffic affected, generally placed within the taper area.
An arrow board .type high level warning device may be required for nighttime work as
well as for work requiring shifting of traffic on the wrong side of the road.
Dated "No Parking Tow-Away" signs shall be posted at a minimum of 72 hours in
advance of all work requiring that cars be not parked on the street. Date and time of
work shall be written on signs in two inch high letters with a 1/4 inch felt black
marker. Signs shall be posted 50 feet o.c. and removed immediately after the work
is completed.
Any work along El Camino will require a permit and approval from Caltrans, and work
along Oregon, Page Mill, and Foothill Expressway requires a permit and approval
from Santa Clara Oounty.
Traffic Control A traffic control plan consistent with the following generally
applicable conditions must be approved by the Transportation Division prior to
starting work. The Contractor shall supply, place, and maintain all necessary traffic
control devices in accordance with the Palo Alto "Traffic Control Manual", the
Caltrans "Traffic Manual", and the following conditions:
¯Traffic Control Plans will include a schedule of construction showing each phase
of work and the anticipated method of handling traffic for each phase. Traffic
control plans will include scaled drawing of the street, lane configuration, parking,
sidewalk, work area, and the. location of signs and cones, etc., to warn, direct,
and guide the traffic.
In general, Contractor shall maintain all vehicular, pedestrian, and bike
movements. No total closure of any arterial or collector street, as well as
busines~ district streets, or driveway, or alley will be permitted. City may allow
closure of local residential streets, but contractor shall always maintain local and
emergency access. Contractor shall submit traffic control plans to the City’s
Transportation Division for approval five days prior to beginning work.
The Contractor shall maintain one lane .of traffic in each direction at all times on
all-streets. The clear width of the lane shall be a minimum of 10 feet.
A minimum four feet (clear) sidewalk shall be maintained unless the work makes
closure unavoidable, in which case the sidewalk may be closed while working,
subject to the approval of the City Traffic Engineer. However, an alternate
pedestrian facility will be provided for the duration of the closure. At
intersections, work will be permitted at one corner at a time, so pedestrian
movements can be maintained through the intersection.
Contractor shall maintain access to all driveways except when actually doing
construction within the driveway boundaries, at which time partial access will be
maintained unless alternate arrangements can be made with the property owners
or tenants in advance.
Each pedestrian crosswalk, when crossed by construction excavation, shall be
provided with a safe pedestrian crossing platform with handrails.
The Contractor shall be required to pay $30 per parking space, per week, to the
City’s Transportation Division for any off-street or on-street "time-limited" parking
spaces within the downtown and California.Ave..business districts which may be
occupied as a result of his operation, either to maintain traffic or for. parking of
construction vehicles during the work hours, or for issuing parking permits to the
parked vehicles displaced from their private parking spaces, etc.
Work shall not restrict visibility of any traffic control device.
Work affecting traffic in business districts bounded by Alma, Webster, Lytton,
Forest (Downtown) and El Camino Real, Park Blvd., Sherman and Cambridge
(California Avenue) will be permitted during 8 AM to 4 PM only.
No work will be permitted within 1500 feet of school grounds until after 8:30 a.m.
on school days. Other special restrictions may be required at heavily used
school crossings or school commute routes beyond 1500 feet from the school
grounds, as deemed necessary for student safety by the City Traffic Engineer.
Work on arterial and collector streets will not be permitted between the hours of 7
and 9 a.m. and 4 and 6 p.m. The streets include: Alma, Arastradero, Arboretum,
Charleston, Embarcadero, Middlefield, San Antonio, Sand Hill, University,
Hansen, Hillview, Park, Channing, Stanford, California, Quarry, Welch, Meadow,
E. Meadow Circle, E. Bayshore, and W. Bayshore Frontage Roads.
If work will impact transit stops or transit routes, contractor shall be required to
contact Santa Clara County Transit District, Samtrans and other affected transit
companies to address relocation of facilities or rerouting of buses prior to
submitting traffic control plan. Traffic control plan should indicate what actions
are being taken with regard to transit services.
Any work within 150-feet of any signalized intersection should be coordinated
with Kim Burke, 496-6991, CPA Traffic Signal Shop.
The contractor shall place barricades 50 feet o.c. at the gutter joints and provide
one working flasher for each barricade and shall insure that each flasher is
maintained in working condition while in use. The Contractor shall not remove
the barricades in the street at any given location until the asphalt concrete
patching adjacent to the gutter and/or gutter overlay has been done and the
hazard to bicyclists and motorists no longer exists.
The contractor shall be required, at contractor’s Cost, to hire Palo Alto Police
officers to direct traffic when working at signalized intersections, especially when
(1) equipment is intermittently blocking or crossing a traffic lane, (2) only one lane
of traffic is available for two directions of traffic (3) one lane of traffic is available
in each direction, but the left turning traffic is also using the through lane and (4)
at multiple lane signalized intersections. Two officers per intersection shall be
required. Work at signaled intersections without police officers may be approved
on weekends.
20.The above requirements are minimum and do not limit the Contractor’s responsibility
of doing all that is practical and necessary to ensure the safety of workers,
pedestrians, bicyclists, and motorists. The Contractor shall conform to the above
traffic control conditions, which are generally applicable to most common situations.
Based on the nature of a job, additional conditions or exceptions to the above
conditions may be necessary.
Traffic Control & Exceptions to City of Palo Alto Traffic Requirements
¯Signal Operation. Momentary signal operation interruption is required.
¯Working Hours. Work will be performed from 9 AM to 4 PM. Any work conducted
outside these hours will be done with special permission.
¯Police Support. A reasonable number of intersections are included in the scope.
¯Notification. No notification will be given to building owner’s prior to work being
completed.
¯Truck Routes. It may be necessary to use alternate routes other than City of Palo
Alto truck routes.
¯Permits. No permits are included as part of this scope.
¯Traffic Control Plan. Proper traffic control procedures will be followed. A written
description of generic traffic control procedures will be provided upon request. No
formal plan or drawings will be submitted.
Installation Procedure
5.
6.
7.
8.
9.
10.
Disconnect the power to the traffic light head or use other precautionary measures to
avoid electrical shock.
Open the outer door to the traffic light head.
Remove the existing reflector and disconnect the electrical lead from the terminal
block.
Remove the existing lens and gasket while retaining the mounting hardware.
Place the new ti’affic light with gasket into the outer door lens recess.
Check that the "UP" (or 1" ) is properly aligned in respect to the roadway.
Reinstall the lens mounting hardware ensuring a secure fit.
Connect the leads to proper terminal block positions.
Close the outer door to the traffic light head.
Restore power to traffic light head. .,
Public Documents
All documents will become the property of the City of Palo Alto.
Product Specifications
Caltrans specifications will be applied. All products specified have been or are being
tested by Caltrans. Sample specifications are available for the material being proposed
at the following locations:
Dialight
8 & 12" Balls- ~ttp://www.dialiqht.comlpdfl8 12signa11000.pdf "
Arrows - http:llwww.dialiqht.comlpdflarrow1000.pdf
Hand/Man combos - http:llwww.dialight.comlpdflhand person1200.pdf
GELCore
8" Balls - http:llwww.gelcore.comlmarketsltrafficlsignalslPDFslDR08 siqnal.pdf _
12" Balls - http:llwww.qelcore.comlmarketsltrafficlsignalslPDFslDR12 siqnal.pdf
Arrows - http:llwww.gelcore.comlmarketsltrafficlsignalslPDFslDR12 arrow.pdf
Project Costs & Savings - Options
Two vendor cost and savings estimate summaries are provided:
¯Dialight
¯GELcore (formerly Ecolux) - joint venture between GE and EMCORE
These products have proven to be the best performing LED signals and have been the
most cost competitive among all other vendors. Energy Masters International, Inc. will
submit specifications prior to purchase for approval.
01/i0/01 WED 16:44 FAX 612 686 40~0 ENERGY ~IASTERS INTL ~,
EXHIBIT B
PAYMENT TERMS
90% Of project price due net thirty (30) days after receipt of monthly invoice as work progresses.
Energy Masters will make an estimate of percent completion on a monthly basis which will be
approved and accepted by the City’s representative prior to presentation of invoice for payment.
10% retention due net thirty (30) days after a "Notice of Completion of Project" has been signed
by the City.
Ol/lO/O.1 ~D 16:44 FAX 612 686 4050
TUE 1fi:o7 FAX 612 ~37 2144
SECRETARY O.F STATE
NAME CHANGE.
CERTI.FICATE OF QUALIFICATION
C1874474
I, B-ILL JONES, Secretary of State of the Stat~ of California, hereby certifyi
That on the 21st day of June, 1999, there was filed in this office an Amended
Statement and Designation by Foreign Corporation whereby the corporate name of
ENERGY SOLUTIONS INTERNATIONAL, INC. WHICH WILL .DO BUSINESS IN
CALIFORNIA AS N.R.G. SOLUTIONS INTERNATIONAL, a corporation organized
and existing under the laws Of Minnesota, was changed to ENERGY SOLUTIONS
INTERNATIONAL, INC. WHICH WILL TRANSACT BUSINESS IN CALIFORNIA AS
EMI INC. This corporation complied with the requirements ol= California law in effect
on that date for the purpose of qualifying to transact Intrastate business in the State
of California and as of said date has been and is qualified and authorized to transact
intrastate business in the State of California, subject however, to any licensing
requirements o~herwise imposed by the laws of this State, and. that the corporation
shall transact all Intrastate business within this state under the above fictitious name
elected by it..
IN WITNESS WHEREOF, i execute this
cer~ificate and affix the Great .Seal
of the State of California this day
of July 2, 1999.
f i
Secretary ~#’"of 5rate
[iNP,i,~ A (Ri=v, 1-11ill _ ___
OlO
oo~
01/10/01 WED 16:45 FAX 612.686 4050
Tt~ 1~:o7 FAX 612 337 2144
AMENDED STATEMENT BY
’FOREIGN CORPORATION
ENERGY MASTERS INTL
N S P
Solutions Inter_-~tional r 7~c. whic~ ~ii ~rans~ct. ~I].~ ~-~.-~S
(Name of Corporafloh)
in California as EMI ~nc.,,, a .corporation o[ganized
and existing under the laws of sln_,~esota . ........and which is presently
(State or Place of IncOrpOration)
qua.lifted for the transaction-of intrastate business in the State of Califomla, makes the
following statement:
Thatthe. name of ~eco~omtion has been changedtothat hereinaboveset fodh and
thatthe name mlinqulshed at~etlme ~fsuchchange was
Energy Solutions I~ternatloDal, Inc. which will do business ~D
californiaas N.R.G. Solutions International
Enerqy sqlUtions International, .Inc.
(Nat
[Signature
John ~. Moore, jr.-Secretary
’~ypedNameandTItleofOfficerSlgning)’
OI/lO/Ol Y~ED 16:45 FAX 612 686 4050 HASTERS INTLENERGY 012
SECRETARY OF STATE
CERTIFICATE OF QUALIFICATION C1940468
I, BILL JONF.S, Secretary of ,~tate of the.~te of Cal~ornla, hereby ce~:
~ on the 2 # ~ ~ ~.~ Y ,19~,underits~meatthat
fi~ and n~ named ENERGY ~S~S I~ERNATIONAL, INC.
a corporation organized and e:cisting under the la~s of,MINNESOTA
complied with the requirements of California law in effect on that date for the purpose of
qualifying to transact intrastate business in the State of California and that as of said date
said corpo.ratio~ became, and now is, qualified and authorized to transact intrastate
business in the State of California, subject, however, to any licensing requirements
otherwise imposed by the laws of this Stat~
EV WITNESS WHEREOF., I execute
this Certificate and affix the Great
Seal of the State Of California tins
6TH. day ofMARCH, 1998
¯
Secretary a~te
01/10/01 ENERGY I~ASTERS INTL16:46 FAX 6i2 686 4050
~050515
SECRETARY OF STATE
I, BILL JONES, Secretary of Stareof the State of California,
hereby certify:.
That the attached transcript has been compared with
the record on file in this.office, of which it purports tO
be a copy, and that it is full, true and correct.
IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California this
Secretary of State
01/10/01 16:46 FAX 612 666 4060 ENERGY ~ASTERS INTL
0505152
014
AMENDED
FOREIGN
STATEMENTBY
CORPO.RATION.
ENDORSED-FILED
In the office of the Secretary of State
of the State of California
FEB .~ 7 1998
BILL JONES, Secretaq/of State
Energy Masters International, Inc.
NameofCorpors~on
and existing under the laws of Minnesota
(Stare or Place of Incorporation)
a corporation organized
and which ~ presently
qualified for the transaction of intrastate business in the State of California, makes the
following statement-:
That the name of the corporation has been changed to that hereinabove set forth and
that the name relinquished at the time of such change was Cenerprise, "rnc.
which wi11 do business in California as Minnesota Cenerprise,Inc.
Energy Masters Znterr~,ational,
(Name of Corpor,~on)
(Sign~’~re of ~.o~porate Offli:er)
AS&D
£,cb.b, - z~2o - 4/25/95).
Peter M. Glass, Secretary
~Typed N~ne md Tide
.~"i- -"~~...;;’?.,... ¯,~..,.~...~,
01/10/01 NED 16:46 FAX 612 686 4050
,-;N E R G¥ MAST E R5 ,.
ENERGY ~IASTERS INTL
SECRETARY OF STATE
STATE OF CALIFORNIA
Bill Jones
1500 1 lth Street.
Sacramento, CA 95814
February 23, 1998.
CONSENT TO USE OF NAME
ENERGY MASTERS CORPORATION, a corporation organized, and existing under the
laws of the State of Missouri, .hereby consents to the qualification of ENERGY MASTERS
INTERNATIONAL, INC., a Minnesota corporation in the State of California.
IN WITNESS WHEREOF, the said Chief Executive officer has caused this consent to
be executed by its president and attested under its corporate seal by its Corporate Secretary,
this 23rd day of February, .1998.
B ’: Keith H. Wietecki
Chief Executive Officer
Attest:
Peter M. Glass
Corporate Secretary
(SEAL)
01/10/01 V~D 16:47 FA~ 612 686 4050 ENERGY ~ASTERS !NTL [~]016
PART II - INSURANCE REQUIREMENTS FORM 650
I. 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 A BEST’$ KEY RATING OF A:X, OR HIGHER, LICENSED TOTRANSACTINSURANCE BUSINESS IN THE STATE OF CALIFORNIA,
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED
YES
YES
YES
YES
YES
TYPE OF COVERAGE
WORKER’S COMPENSATION
AUTOMOBILE LIABILITY
COMPREHENSIVE GENERAL
LIABILITY, INCLUDING PERSONAL
-INJURY, BROAD FORM PROPERTY
DAMAGE BLANKET CONTRACTUAL,
AND FIRE LEGAL LIABILITY "
COMPREHENSIVE AUTOMOBILE
LIABILrP(, INCLUDING, OWNED,
HIRED, NON-OWNED
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
REQUIREMENT
STATUTORY
STATUTORY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED,
BODILYINJURY
EACH PERSON
EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE~ COMBINED
ALL DAMAGES
MINIMUM LIMITS
EACH
OCCURRENCE
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,oo0,ooo
$1 ~000~000
AGGREGATE
$1,000,000
¯ $1,000,000
$1,000,000
$I,000,0oo
$I,000,000
$I,000,000
$1,000,000
$1,o0o,ooo
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: BIDDER, 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 BIDDER AND ITS
SUBCONTRACTORS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY
AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES,
INSURANCE COVERAGE MUST INCLUDE:
A PROVISION FOR A WRITEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF
COVERAGE CANCELLATION; AND
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S’
AGREEMENT TO INDEMNIFY CITY- SEE PART II, SECTION 500, FORMAL CONTRACT (SAMPLE).
SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, O~.O~. COMPLETE THIS SECTION ANDTHROUGH Vl, BELOW , ¯ ,, ’
A.NAME AND ADDRESS OF COMPANY AFFORDING COVER’AGE (NOT AGENT OR BROKER):--~~
B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER:
C.POLICY NUMBER(S):
CITY OF PALO ALTO RFP PAGE 1 OF 2
01/10/01 WED 16i47 FAX 612 686 4050 ENERGY ~ASTERS IHTL ~]
ris-Homeyer company
¯ 0 France Ave. So.
te 145
¯ a,. MN 55435-2004
DATE IMM/DDr~~)
01/06/2000
THIS CERTIFICATE IS $SUED AS A MATTER OF INFORMATION
. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDEI~ THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
. COMPANIES AFFORDING COVERAGE ,
Beth A11 en Ext:I A .
,REn COMPANY.
,B
Energy Has~ers Zn’cernat~onal i .................., ....."_. .....................................................................................
1385 Mendol;a Heights Road , COMP~W
C
S~. Paul MN 55120-I126 . .........................................................................................................................[ COMPANYi D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT.WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
ExCLUS ONS AND CONDITIONS OF ~UCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFEG’IIVE . POLICY EXPIRATION : MMITSTYPE OF INSURANCE POLICY NUMBER DATE (MM/DO/YY) ¯ DATE IMM/DD/YY)
GENERAL UABILrFY ! .GENERAL AGGREGATE i $2,000 000!.- ....................................: .....
X ’. COMMERCIAL GENERAL LIABILITY ": PRODUCTS-COMPIOPAGG $ 1,000,000
....... .. C ,MSXn ...... .........00o
ILL" 0241264 01/01/2000 01/01/2001 EACH OCCURRENCE ;1 1,000 000
’ i OWNER’S & CONTRACTOR’S PROT I ..........................................~ ’
; i .FIRE DAMAGE (Any one fire) S 5 0,000
MEO EXP (Any ~e pemo~) i $ ¯1
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS :..
¯: SCHEDULED AUTOS !CBA 0241264 i 01/01/2000
’ X ! HIREDAUTOS
~"1.. NON.OWNED AUTOS ;i j
Ol/Ol/2OOl
COMBINED SINGLE LIMIT $
........................... 1,000,000
BODILY INJURY(Per per=on)" $
BODILY INJURY(Per acddent) ¯
PROPERTY DAMAGE
GARAGE I.LABILITY
! ANY AUTO
EXCESS LIABIUTY
UMBRELLA FORM
OTHER THAN UMBRELLA FOPJ~
WORKER~ COMPENSATION ANDEMPLOYERS’ LIABILITY
THE PROPRIETOR/[’~7,INCLPARTNER,WEXECUTIVE
OFFICERS ARE:’ EXCL
OTHER
.C~C 0241264 i Ol/Ol/2OOO 01/01/2001
AUTO ONLY - EA ACCIDENT ; $
EACH ACGIDENT $
AGGREGATE! $
¯ EACH OCCURRENCE . . $
; AGGREGATE
.$
’ EL DISEASE- EA EMPLOYEE i $1001000
! 3RIPTION OF OPERATIONSILOCATION~IEHICLESISPEClAL ITEMS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE C.~ICELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRIT’rEN NO’ROE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUGH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY K~ND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZ~=D REPRESENTATIVE
T~rnol:hy S, Gonsior
01/10/01 ~VED IB:48 FAX 612 686 4050 ENERGY HA~ STERS INTL ~018
PART II - INSURANCE REQUIREMENTS
.D.DEDUCTIBLE AMOUNT(S)
APPROVAL):
(DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000
FORM 650
REQUIRE CITY’S PRIOR
III.
IV.
Vo
AWARD IS CONTINGENT ON COMPLIANCE WITH cl’rY’s INSURANCE REQUIREMENTS, AND BIDDER’S SUBMITTAL
.OF CERTIFICATES OF. INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED HEREIN.
ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES"
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 CONTRIBUTINGWITH ANY
OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES.
B.CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSONI FIRM, OR CORPORATION AS INSURES UDNER 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.
NOTICE OF CANCELLATION
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE
NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY
(30) DAYWRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
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.
PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORRECTBY SIGNATURE(S)BELOW.
S,GNATURE(S) AS APPEAR(S)ON SEC’rION 300A.
Firm: ~=~. (~.
Signature:
SIGNATURE(S) MUST? SAME
Name:(Pdnt or type name)
NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303.
PAGE 2 OF 2CITY OF PALO ALTO RFP