HomeMy WebLinkAbout0353.094I
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July 1, 1994
TIlE HONORABLE CITY COUNCIL
Palo AHo, California
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AJ!ru:pyal of A~U!B.lli1lt~Q the City of Palo AltQ.Jl!ll!llN\\JhJ:'tnttJLflJ!. A\SOClalm
E!JI~elo"menl Servi.;.e., In~,; Nel'i.cmn..b Anderson ~1~t~:J\.T!d_Slll&.QJ).rIf!l
Engipe< ... Inc.; r~r Co",ultl~.~illH!lJI.1WII"'I!=~~n:lltIQIl
furJ&IllIll....MQ.lIlnduslriaJ ProlIT.msJ!!LlUllW~!.b.mSm!mJ:!llQn\io~!K~.
Members of the CovacH:
Im!!!rt I. Brief
This staff report r~uests that CQuncil 3ulhorize agreements with (he rOUf consul!ants
indicated to provide consulting services 10 Ulililies for Commerdalllndus.trial {em
.Dem&nd·Side Management (DSM) activilies. The total budget for work ptlfomlcd
urxkr these contracts is $204,000. The consultants will provide specialiled coruultalion.
guidance and engineering analysis on an as-needed basis to Hesollf'Cc Conservation surf
and en customers regarding efticient technologies and practices. Approval is also
re<jueste<l for. Budget Amendment Ordi ... nce (BAO) to provide funds for .hes<
""nsullant services in the FY 1994 -95 budget.
To continue 10 provide high quality. high value services to our commercial and industrial
customers (including City facililies), Re.source Conservation staff has identified the
continuing need for consultant·based electrical and mecltartical engineering ass1s13nce
over the next two years. These agreements repface similar contracts that expired at the
end of the 1993·94 fiscal year. The assistance suppons ac-tivitie) such as facility energy
auditing al1d analysis, end-use analysis. system c<:onomic ilMlysis, new construction design
review, seminars for staff and cuslome.rs. and related technical and specialized services.
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Consulting services are used to augment slaff resources: and provide specialized
knowledge, analysis and independent appraisal. COJt<;ultanl \york Is: assigned on an as,'
needed basis 10 support Resource Conservation objeclives as Ihey rei ale 10 CII
customers.
Over the past six years, similar consultant contract services have been utililed to perfonn
a diverse array of project analyses. These include contraclual implications of back-up
power systems, dem:!lnd'limiting control sLr-ategies, motor drive efficiency improvements,
rooftop air conditioning replacement alternatives, boiler replacemem. and energy
management system upgrades.
1be services will be provided by the consultants on an as-needed basis, when the need
for services is detennined by the Utility. Con'Jullant work will be directed by the City's
Project Manager Ihrough the issuance of written task assignments, The scope and fee
for each task assignment witl be negOliated between the consu!lant and the City's Project
Manager prior to commencement of the requestetl work. TIle initial conlT(l.ct period will
be one year for each consultant, with option for annual rei1Cwal. One adjustment in
billing rat<" will be ,lIowed annually.
'fhe establishment of four i::ontraclS is proposed. Est..1hlishing comracts with mulliple
consultants has proven to have several advantages. Jt affords fJexibility with respect to
assignment of specific tasks and it allows staff to retain expertise in different areas:
ftnaoce/new construction project development; mechanical system components; training;
and comprehensive 3udiHng. Additionally, tl provide-s for cost competili~'eness between
consultants and lowest cost of task completion for the City.
'£be budget for these services reflcers an increased emphasis on addressing increaSing
challenges and opportunilies within the Major Account market segment resL;htng from
competitive changes in the utiliti~ market place. The-se changes range from new
te<:hn91ogies to increased service expectations to alternative suppliers of energy
resout:ees.
Funds were available for there agreements in the fLscal 1993 4 94 budget. The contract was
scheduled 10 be prc.se'tlt«i to Council for approval on June 27,1994. An i:isue
concerning compliance with the public notice'requirements arose, and, as 3 result (he
item was not reviewed. Since staff was unable to resch-:-dule the ilem for Council
approval before fhe end of the fiscal year 1993-94, the monies relum 10 the Elecfric
Rate Stabili"'lion Reserve (RSR) wilh the close of the 1993-94 fis<:al year. SUfficient
funding for the programs is not now available in fiscal year 1994·95 adopled budge!.
Approval of the altached Budgel AmendmeniOrdinance (BAO) in Ihe amounl of
$2()!1,OOO from the E1eclric RSR will provide for the funding of Ihese contracts.
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Co osultant Selectlpn PrO{W.
A Reques£ for Proposal was distribu£ed £0 twenly-one <onsulling firms with offices in £I",
Bay ANa. Seven£oon proposals were received and evalua!ed in a<:cordance willi the
City's ·Sehx:Uon Procedures. ror Professional COMuttants." A three person selection
ad\'isory c{'Inuninec (including oae california-registered Professional Engineer) shortened
the Hsl of rc.spoooenlS 10 seven based upon the selection criteria listed in the Request
for Proposal; relevanl expericl1C(:, completeness of proposal, and ability to respond to
tas!< as$1&nmenl~ to perform speciallwt engineering and ,technical analysis. These seven
respondents were eath interviewed by the same panel using the same selection criteria.
Contracts were I"epared by tl1e City Anomey's office. De"ils of £he ta,k assignment
prOC(..Ss are de-scribed' in the contract documents.
true to lhe as~needed. ,Ust< assignment nature of the anlicipated work, priCing was not
appropri,.te as a ,primClr)r wlC{;!ion criteria. Pricing was, however, evaluated on a relative
basis among all respoooents. The pricing comparison was made 011 the basis or both "per
hour· "Dilling :ates and on lheir pmposed costs co perfonn certain h),pothetital tasks
0\]11[000 in the Re<juesl for Prc>pos.a1. As a group, (asts for the selected comu[tants
averaged approximately six percem le.."5 than the (aSH: for the llon-setecfe<i respondents
to tlle Re<jutst for Propos. I.
'The foHowing consultants were seleele<:! by the Selection Advi-sory Corrunitree: Brown,
VC'oce and Associates; ELB Dc\'tlopment Services, Inc.; Newcomb Andermn Associates;
Salas O'Brirn Enginecl>, Inc.
In Ih! event that one or more cOflSuttant is lInable to pel form the servke.s during the
iXJn1raCi period, the City manager or her designee may exercise the option 10 retain
replacement cOllsuHant(s). The replacement cOl1Su!tant(s) shall be required 10 sign a
contract to abide by the lemlS ~nd conditions as defined in the Request for Proposal.
The replacement co",ul"n£(.) shall be scleeled from a list of two altornates en,e
Be.nlley Company; Energy Investment Inc.) that were identified LhJough (he consultant
sefe<:tion process for this Request for Proposal.
Staff recommends that Council:
1. Approve a Budget Amendment Ordinaocc in the amount of .$204,000 to fund the
Con~ulling Servkes to Utilities Resource Conservation for Commercial/Industrial
Programs; and
2. Approve and authorize lhe Mayor fO exc<;ute agreements WLfh Brown. Vence and
Associates; ELH Development Services Inc.; Newcomb Anderson Associates; and
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S,las O'Brien Bnginee ... Inc.; for a combined, maJ<L'I1Um total of $204.000 for
Consulting Se!)lk.es [0 Utililies Re.sourc.e Conservafion for Commercial/Industrial
Programs; and
3. Authorize !he City M.ll.g'r or her designee to .cquire repl.cement consultant(s)
as nocessary from !he approv<d liS! os decm<d ~ry; and
4. Approve 800 authorize the Mayor to cXe("u!e agrec-menl{s). as necessary, with [he
repl,c<men' conrulta.nt(s).
CMR:353:94
J IYJdg.ct Amendment Ordhunce
lJ Agre<m<nl (EUI [)e"elopmenl Services, Iypical of four)
III Exh ibit . A: Soopo of Se rvkes
IV Exhibit D: Fee SeOOJules
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ORDINhNCE OF TlIt; COUNCIL OF 'I1iF. CITY OF PALO ALTO
AMENDING THE DUl>GEr FOk '1'1iE FISCAL YEAR 1994-95
TO PROVIDE AN ADDITIor~AL APPROPRI .... TION NR CONSUVfA.N'I'SERVICES
FOR COMMERCIAL/INDUSTRIAL [)EJiAND SIDE !-tANA(,;F.J.Um'r PROGRANS
IN THE ELECTRIC FUND
WHEREAS. pursutlnt, to thG provisions of Section 12 of Ar-ticl4l
III of the Charter of the Cl ty of palo Alto. thO" C(luncil on Jone
20. 1994 did adopt a budget for fiscal year 1994-95; and
NHEREAS, there
provide electrical
available through
customers regardil'lg
and practices; and
is a need to c:ontinlll.1 to utili!t:! consultants to
and mech.anical engineedr,g c:xpc-rt!sc. not
City staff. to cCr.-'~"',ercidl and industrial
efficient derr~nd side r.'.an1'lge.'Cent t(]chnoloqies
WHEREAS, the cun"ent agreements for these servic(!s expired at
the end of the 1993-94 fiscal year; and
~ffl!-.:RF.AS~ the funding for the cont inuatlol"i of thC!se contracts
was included in the 1993-94 budget and staff was una.bl.c to bdng
these programs to Council for approv~l prior to the close of the
1993-94 fisce:.l year, the fundi.ng, thereforo. has been r.eturned to
reserves; <'Inc1
WHeREAS, the funding required Cor these consultant s.ervi.ces is
$204,000,
NOW, TH8REFORE. the council of the City of Palo A110 dons
ORDAIN as follows:
SECXlON 1. The sum of
($:204,' 000) is hereby added to
Fond, and the Electric
correspondingly reduced.
Two Hundred Four 7housand Dollars
Contract ServicE's in the ElecU"ic
Rc;,te Stabilhation Reserve is
SECTION 2. 'I·his transaction wi 11 reduce the r.lectric Rate
Stabili~ation Reserve [rom $26,315.000 to S26.111,000 as ot Y.ay 31.
1994.
SECTlotL..1. 1\s speci[ied in Section 2.2S.0aO(aJ of the Palo
Alto Municipal Code, a two-thirds vote of lhe City Council is
required to adopt this ordinance.
S..f:.cTlill:L . ...4, The Councll of the Ci ty of £><'110 Alto heri~by finds
that the enactment of this ol"dinance is not is pI"oject under the
California Environmental Quality Act and. therefore, no
environmental impact assessment is necesstlry.
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SEM'ION ...5:,
M\.micipal Code,
adoption.
Q
1\s provi.ded in Section 2.04.375
this ordinance shall become
INTRODUCED AND PASSSD:
AYES:
NOES:
ABS'rEN'I'IONS:
i\BSBN'l' :
A'ITEST: APPROVED:
of tho Pa 10 Al to
effective upon
City Clerk. -----.------._---------------"-----Mayor
APPROIJED AS TO FORl.I:
Sr. Asst. City Attorney
APPROVED:
City Manager
Director of PinNnce
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lI..G R B B ~I II l:LT
BBrwBBN TIlE CITY OF PALO lIL'1'O
AND ELK DEVBLOPHBN'1' SERVICES, INC.
FOR ENBRGY CONSULTING SBRVICBS
THIS AGREBMENT is made and entered into this ___ day of
j 1994, by and between the CITY OF PALO ALTO. a-muni-;c:1i;-:pa=1;-c::-oo~rp=o:::r:=a7tion of 'California, hereinaft.er l,"eferred to as
"CITY," and BLH DEVELOPMENT SBRVICES, INC. (Taxpayer Identification
NWl'her 69·0299535), a California corporation, with offices at 2710
Gateway Oaks Drive, Suite 225, South Sacramentol CA 95933,
hereinafter referred to as III CONSULTANT II ;
NIT H...B S S E~I
WHBREAS, CITY desires cerr.ain services, including energy
consulting services; and
WHEREAS. CITY desires to engage CONSULTANT to provIde
these se:rvices by t"eason of its qualifications and experienr:e for
performing-such services, and CONSULTANT has offered to provide the
l:equired services on the terms and in the manner eet forth he:t:ein;
NOW, THBRRFORB, in considel"ation of' their mutual
covenants, the parties hereto agree as follows:
SllcrIQILl. • DEfINITIONS
1.1 .an:
The term ~CI'l'X'~ shall mean the City of Palo Alto,
California.
The term 'City Manager" shall mean the duly appointed
City Manager of the City of Palo Alto, California, or his or her
designated representative.
L 3 crTY CLI1RK
The term ~City Clerk~ shall mean the duly appointed City
Clerk of the City of Palo Alto, California, or his or her
designated representative.
1.4 RLSK MANAGER
The term -Risk M~nagerll shall mean the duly appointed
Risk Mallager of the City of Palo Alto, California, or his or her
designated representative.
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ExMbit
attached
o o
1 . 5 £R2J.l!.CI
The term ·~roject· shall mean the services described in
IAI, entitled 'Scope of Sex;vices and Time Schedule",
he(cto and made a part hereof by this reterence.
SRrnQlL2_'--l',RQ,l'tc:L~QQJlJlll1Al:I.QJ:l
2.1 OTI.
The, City M<lnager shall be representative of CITY for all
p\lrp08es under this Agreement. LINDSIIY JOYS is designated as the
Project Manager for the Cit.y 11anager, and she shall supervise the
progress and execiJ,tion of this Agreement.
2.2 W):!l>ULTJIlIT
CONSUL'I'ANT shall assign a single Project nil.·ector to have
o~erall responsibility for the progress and execution of this
,Agreerr.ent tor CONSULTAN'f. BRIC RAFTER hereby is designated as the
Project Directo:t.' for CONSULTAN'l'. Should circumstances or
conditions subsequent to the execution of this Agreement require a
substit\lte Projer;:t Director for any reason, the Project Director
designee-shC"ll be subject to the priol.-wl.-itten approval of the
Pr.oject t-Sanager.
,s1l!':UQILL:.J!\IT.IN_QL CQNSUL'l'JIlIT
3 . l Sl!~-IDLI'.llRlilllHlU!
CONSULTAN'f shall provide all specified services as set
forth in Bxhibit A.
3_2 ~~$-XQ BE OBSERVBD
CONSULT~r shall,
:1.2,1 Procure all permit$ and licenses, pay all
charges and fees, and give all notices which may be necessary and
incid~nt to the due and lawful prosecution of the services to be
performed by CQNSULT~~ under this Agreement,
.3.2; 2 Keep itself fully infonned of all existing
and future federal, Btate, and local laws, ordinances, l-egulations j
orders, and decrees which may affect those engaged or employed
under this Agreement, any materials used in CONSULTANTj s
perfoxma:r~ce under this Agreement, or the pexforrnance of the
services under this Agreement;
3.2.3 At all times observe and comply with, and
cause all of its $ubcOJ1tractors and employees, if any, to observe
and comply with~ the laws, ordinances, regulations, orders and
decrees mentioned above; and
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3.2.4 Iln01edlately report:. to the project Manager
in w).'itJng any discrepancy or inconsistency it discoveL-s in the
lawaI ordinancea~ regulations, orders, and decree,s mentioned above
in relation to any plans, drawings k specifications or provifJions of
this Agreement.
3.3 RELBIISB Ol'....REI'QR.TILAlIDJlID}ilt)AT)1).1:!
Any reports, infonnatlon~ data O\~ other material given
to, or prepared o-r ausembled by. CONSULTANT or its subcontractors.
if any. under this Agreement shall be the property 61: CITi' and
ahall not be I'1o~\de available to any individual Ok." organization by
CONSULTANT or its subcontractors, if any k without the prior w .... itten
approval of the City ~~nager.
If CITY requests additional copies o( reports, (hawillgs.
specifications or any other material which CONSULTM"T is required
to furnish in Umitcd qUilntities as part of the o<!tvices under this
Agl'eementk C;ONSUVfANT shall provide such ~'ldditio)lal copies as are
requested and CITY shall cvmpensate CONSU!/fAN·--r for the costs of
duplicating of such copies at CONSULTANT's cost.
CONSUl/rANT represeuts that it has the expertise and
professional qualifications to lUr!1ish the services described under
this Agreement. As evidence thereof. CONSULTANT warrants that one
or more members of employees of the f:im are licensed b)I the State
of Califol:nta and that. the services to be provided under this
Agreement will be perfoITlled by them or under theJ r Bupervision.
CONSU[,'l'ANT states that it it} aware of the requlrements of
the federal Americana with 'Disabilities Act or. 1990, and the
Goverrunent Code and the Health and Safety Cocle of the State of
California. relating to aceeS8 to public buildings and
accon-modations for disabled persons, anrl relating to facilities for
diRabled persons. CONSULTANT shall comply wIth or ensure by its
advice that compliance with such provisions will be e-ffected
pursuant to the t.erms of t.his Agreement. '
SHCTroN 1 . @lllJi,.SA1:llill
For the fut 1 performance of the serviCE!9 defitled in
Exhibit A, CITY shall pay CONSULThNT the agreed upon sum determined
in accordance with the hourly rates specified in Exhibit B within
thirty (30) days of submission by CONSULTMrr of its itemized
billing, in triplicate.
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SECTION 5 -DUTIES OF CII1
CITY shall provide all specified aervices as detellllined
in the written task descriptions as set forth in Exhibit A.
SECTIOlI 6 -TERN
This Agreement shall convnence on July 1, 1994, and ehall
continue in full force and effect until tell11inated as provided
herein.
In thE'! event that the services called fer under thit)
Agreement are not completed within the time specified a.bove. the
City Manager shall have the option t:o extend the tim~ tor
completion. Thie paragraph. does not preclude thp.: recovery of
damages for delay by either party.
~ION 7 -TBRMINATIOIUlILSJL~~HQtUl.f. I\GRS8M8i'1T
7 . 1 lllilliLl:ILSIDl (,,;ND _QR_'UJ\M.WK£I>
The City Manager may suspend this Agreement f in WllO'lft Qr
in part, or terminate this Agreement. with or without <:'ause. by
giving fifteen OS) prior written notice the::eof to CONSULTANT.
Upon l."eceipt of Duch notice. CONSULTANT shall llT"il'"1J3diately
discontinue its perfol~~nce under this Agreement.
CONSULTANT may terminate thiD Agreement Q1:." sllspend work
on the Project by giving thirt.y (30) days' pt"lor written notice
thereof to CITY r but only in the event of substantial failul'(~ of
performance by CITY or in the event CITY abandons or indefinitely
postpones the Project.
7.:2 PAYMENT
Upon such suspension or termination by CITY, CONSULTA}rr
shall be paid for all services actually rendered to CITY to the
date of su'ch suspension or term:tnationj provided. however, if this
Agreement is suspended or terminated for fault of COr~SULTANT. CITY
shall be obligated to compensate CONSULT~7 only tor that portion
of CO~SULTANTr s services whi.:h al.·e of benefit to CITY, as such
determination may be made by the City l-f.anage1:." in the reasonable
exercise of his or her discretion.
Upon such suspension or te1:.mination, CONSULTANT shall
turn over to the City Manager immediately any and all copi~s of
studies. sketches, drawing a , computations. and other data, whether
or not completed, prepared by CONSULTANT or its subcontl"actors, if
any, or given to CONSULTANT or its 3ubcontractors, if any, in
connection with this Agreement. Such materials shall become th9-
permanent property of CITY.
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SEC.'rION 3 -INDEPENDENT JUDGMENT
Failure of CITY to agree with CONSULTANT's independent
findings, conclusions, or recoJ'M\endations, if the same al'e called
for under this Agreement, on the b8_sis of differences in matterD of
judgment, shall not be construed as failt.u:"e on the part of
CONSUl,TANT to meet the requirements of this Agreement.
,LEC'rJON 9 -MSIGN.Mlili:!:' PERSONAl, $ERVICB~~NSULTAIIT'"
ANIl BMPI.QX.~
9 " 1 ASS IGNMSNT
Both parties shall give their personal attention to the
faithful performance of this Agreement and shall not assign,
transfer, convey, or otherwise dispose of this Agreement or any
:eight, title or inter.est in or to the same or any part thereot
without the prior written consent of the other pal"ty, and then only
subject to such terms and conditions as the other pal'ty may
require. A consent to one assignment shall ilot be deemed to be a
conse!lt to any subsequent assignments, Any assiglU(lent without such
approval shall be void and, at the option of the other party, shall
terminate this Agreement and any license or privilege gr;;anted
herein. This Agreement and any interest herein shall not be
assignable by operation of law without the prior written consent of
the other party.
9 " 2 PERSONI\1, SIlli'LIQ1£
It is agreed that this Agreement is for the personal
services of CONSULTANT and cannot be performed by any other person
or organization.
9 " 3 SUBCQNS!I!,TANr~; EMPI&"!W1J1
CONSULTANT shall be responsible for employing or engaging
all persona necessary to ,perform the sexvices of CONSULTANT
hereunder. No subcontractor of CONSULTANT will be recognized by
CITY as such; rather ~ all subcontractors are deemed to be employees
of CONSULTANT, and it agrees to be responsible for their
p~rfornlance. CONSULTANT shall give its personal attention to the
fulfillment of thp. provisions of this Agreement by all of its
employees and subcontractors, if any, and shall keep the work under
its' control> If any employee or subcontractor of CONSULTANT fails
or refuses to carry out the provisions of this Agreement or appears
to be incompetent or to act in a disorderly or improper manner, the
employee or subcontractor shall be discharged immediately fram the
work under this Agret:!ment on demand of the Proj ect lo1anager.
SECTION 1 Q , NOn CIl,S
All notices hereunder shall be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
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TO CITY: Office of the City Clerk
Post Office Box 10250
Palo Alto. CA 94303
'TO CONSULTANT: Attention of the Proj ect Direct.or.
at the address of CONSULTANT recitl!!!d above
lil>C:U9N 11 . INTEREST OF CONSULTANT
In accepting this Agreement. CONSULTANT covenants that it
presently has no interest, and shall not acquire any interest,
direct or indirect, financial or otllerwise, which would conflict in
any manner or degree with the performance of the services
hereunder. CONSULTANT further covenants that, in the perfot~nce
of 'this Agreement, no subcontractor Qr person having such an
interest sh(lll be employed. CONSULTANT certifies that no one who
has or will have any financial interest under this Agreement is an
officer or employee of CI'TY" It is expressly agreed that in the
pel."forrnance of the professional services required under this
Agreement, CONSULTANT. and any of ito subcontractors or ernployees,
shall at all times be considered indeoendent contractors and not
agents Oi." en'ployees of CITY. •
CONSULT1\N'f agrees to pl."otect, indemnify, defend and hold
halwless CITY~ its Council members, officers, agents and employees
from any and all demands. claims, or liability of any nature.
including death or injury to any pel'son~ propet"ty damage or any
other 10BB, caused by or al.'ising out of COnSULTANT's~ its
officers', agente~ I Bltbcontt"actors' or employees' negligent actfl,
errore, or omissions, or willful mj,sconduct, or conduct for which
the law may impose strict liability on CONSUI.TANT in the
perfonlla.nce of or failure to perform its obligations under this
Agreement,
~.l.. -h"'QRKERS' COMPBNSATION
CONSULTANT, by executing this A9:("eernent~ certifies that
it is aware of the provisions of the Labor Code of the State of
california which :require every employer to be insured age.inst
liability for workers~ compensation or to undertake self-insurance
in accordance with the prov.lsionf.J of that Code, and certifies that
it will comply with such' provisions before commencing the
perfonnance of the work of this Agreement.
!l~ INS\JRANC8
14.1 JNSVRANCE COVERAGE
CONSULTANT~ at its sole cost and expense, shall obtain
and maintain, in full force and effect throughout the .entire term
of this Agreement, the insurance coverage described in Exhibit ~CI"I ~
attached hereto and made a part hereof by this reference, insuring
not only CONSULTANT and its subcontractors, if any, but also, with
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the ex-r:epti.on of workers' cO:l;lpensation, employer-'s liability, and
protcssional liability insurance, naming as additional insureds
CITY, its Council members, officers, agents and employees, and each
of them, concerning this Agreement and the Project.
All inl>urance coverage required hereunder shall be
pi'ovided thrO\lgh carriers w1th a Best rating of A:X or higher that
are admitted to do business in the State of California. Any and
all subcontractors of CONSULTANT under this Agreement shall obtain
and maintain, 1n full torce ano effect throughout the term of this
Agreement, identical immrance coverage. with CITY nruned as
add.1t.1..onal insured \mde:r:-such policies as required above.
Certificateo of such insurance, preferably on the forms
provided by CIT¥, shall be filed with CITY concurrently with the
execution of this J\greement. The certificates shall be subject to
the approval of the Risk Manager and shall contain an endorsement
stating that the insut~ance is pl'imary coverage-and will not be
cancelled or altered by the insurer except after filing with the
City Clerk thirty flO) days' priol' written notice of such
cancellation or alter .... tion, and that the City of Palo .Alto is named
as 0,1 additional inBured except in policies of worKers~
compensatiO!1, employer'S liability. and professional liability
insur,lnce. Current cert ificates of such insurance shall be kept on
file at all times during the t.erm of this Agreement with the City
Clerk.
14 . 3 NO LIMIT OLt.IAlllhlTI:
The procuring Of ouch l'equired policy or policies of
insurance shall not be construed to limit CONSUL'l'ANT~s liability
hereunder nor to fulfill the indernnlficat.lon provision and
r9quil.'ementB of this Agreement under Section 13 hereof.
notwithata~ding said policy or policies of insurance, CONSULTANT
shall be obligated for the full and total amount of any damage,
injury, or 1098 caused by the serviceB performed under this
Agreement, including after the Agreement has ternlinated Ot' expired,
CONSULTANT agrees to petmi t CITY to audit, at any
:z:easonable time during the tetTll of this Agreement and for three D)
years thereafter. CONSULTANT'S recorda pertaining to matters
covered by, this Agreement. CONSU!.TANT further agrees to maintain
such records for at least three (3) yearg after the tenn of this
Agreement"
The terms. covenants, and conditiong of this Agreement
shall apply to, and shall bind, the heirs, successors, executors
administrators t assign9~ and subcontractors of both parties. '
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\4.0616.)" 007061 S
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SECTIQN 17 . WhlYBRS
1'he waiver by either party of any bl:each or violation of
any term, covenant, or condition of this Agreement, or of any
provisions of. any ordinance or law, shall not be deemed to be a
waiver of any other'term, 'covenant, condition. ordinance, or law Ol
af any Bubsequent breach or violation of the same ot: of any other
term, covenant, condit ion, ordinance. 01' law. The 6ubsellll(:mt
acceptance by either party of any fee or other money which may
become due hereunder ahall !lot be deeMed to be 3· waiver of any
preceding breach or violation by the othP,l" part,Y of any te:r.m,
covenant r or condition of this AgJ."e('lment or of any applicable )a\o'
or ordinance.
The prevail ing party in any action brought to en[or(;€, the
terms of this Agreement or arising out of this A9:t:'e..?-mcnt rMy
recover its reasonable costs and attorneys' fees expended .in
connection with such an action fL'(~ the other pa:t:·t y.
No payment I partial payrnent, acceptance. or partial
acc£ptance by CITY flhall operate as a ..... aivel.-on the pal"t of t'1'",'Y of
any of its rights under this Agreement.
20.1 lliITY QP CONSULTANT
No discrimination shall be made in tht;o employment of
p~rsons under this Agreetrlcnt because of Ule dge~ race, color,
national origin, ancestry~ religion, dieability, BE-xual preferel\ce
or sex: of such person. If the value of this Agreerr,ent is, or may
bel Five Thousand Dollars ($5,000) or more, CONSU! .. TAN'r agrees to
meet all requirements of. the Palo Alt.o I-oIuniclpal Code pel"taining to
nondiscrimination in emploYlnent, including completing the
·Compliance Report--Nondiacrimin.'ltion Provisions of Cit)· of Palo
Alto Contracts· on the fOl.m fm:nished by CITY. attached hereto ao
Bxhibit ROn and made a part hereof by this reference.
CONSULTANT agrees that each agreement. for services from
_tndependent providers shall contain a pl.'ovision suhstantially as
follows:
9tf.)616 '1-11 007061 S
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nProvider shall provide CONSULTANT with a
certificate stating that he (or she) is
currently in compliance wiU) all Federal and
State of California laws covering
nondiscrimination in err,ployment; that he (Ot
she) t..-ill pursue an affirmative course of
action as required by thd Affirmative Action
Guidelines of the City of Palo Alto; and that
he (or she) will not discriminate in the
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employment of any person under this contract
because of the age, race, color, national
origin, ancestry, religion, disability, sexual
preference or sex of such person."
20.2 ~ FOR DrSCRI~INATIQN
If CONSULTAh~ is found in violation of the
nondiscrimination p~oviaions of the State of California F~ir
Rmployrn~nt Practices Act or 6imilar provisions of federal law or
executive ordp.r in the performance of this Agreement, it shall
thereby be found in rraterial breach of this Agreement. Thereapon,
CITY shall have the power to cancel or suspend this Agreement, in
whole or in part, or to deduct from the amount payable to
CONSULTANT the sum of Twenty-Pive Dollars ($25) for each person for
each calendar day during" which such pereon wae diacrlminated
against, as darnages for breach of contract, or both. Only a
finding of the State of California Io'air Emplo~'l11ent Practices
Conunission or the equivalent federal agency or officer shall
constitute evidence of a violation of. contract under this section .
.If CONSllLTAN'I' is found in violation of the
nondiscrimination provisions of this Agreement or the applicable
affirrMtive action guidelines pertaining to this Agreement,
CONSULTAN'l' shall be found in material breach of this Agreement .
. Thereupon, CITY shall have the power to cancel or suspend this
Agreement, in wholE:! or in paX"t, or to d(~duct fronl the amount
payable to CONSULTANT the swn of Two Hundred Fifty Doll.rs ($2501
for each calendar day during which CONSULTANT is found to have beel)
in such noncompliance as damages for breach of contract, or both.
This document represents the entire and ifltegrated
agreement betw~en CITY and CONSULTANT and supersedes all prior
negotiations, representations, and agreements, either written or
oral. This document may be amended only by written in8trument~
signed by both CITY and CONSULTANT.
SECTION '~VERNING--M1'l
This Agreement shall be governed by the laws of the Stat.e
of California.
IN WITNHSS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
ATTES~': CITY OF PALO ALTO
City Clerk r-~yor----------·-
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APPROVED AS TO FORM:
Senior Asst. City Attorn~-y----
APPROVED:
ELH DEVELOPMENT SERVICES, INC.
/'"
AssIstant City ManagGr--------
By: ~:...-/d£/£
Its:_P'y;;d",,,t 7
Director of Finance
Ri ek l-!anager
APPROVED AS TO CONTBNT:
Attachments:
EXHI~IT ~A·:
EXHI8IT "B~:
EXHIBIT ·e n :
EXHIBIT 80":
SCOPE OF SERVICES AND TIME SCHBDULE
FEB SCHBDUJJE
INSURANCE
NONDISCRIMINATION CO~lPLIANCE FORM
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APPROVED AS TO FORM:
SenIor Asst, City Attorney
APPROVEJ):
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.. _ ........... ..; .... _1"."" • ..,;_· ...... ;...._ .. ;~_; •.. __ .'~""".
(~dVENCE & ASSOCIATES
'-.~~P \ 0 Qyvv----
Its: r,n,.W~_-__ Assistant City M.anag'~e::r:----
5Iroctor of Finance
Risk Manager--'--------
APPROVED AS TO CONTENT:
Director of iYi:1IT.tTe"g------
Attachrr.ents:
RXHIBIT • A· :
EXHIBIT "S'"
EXHI8IT ·C·
BXHUHT -0-
SCOPR OF SERVICES AND TIME SCHEDULE
FEE SCHEDULS
I NSURANCB
NONDISCRIMINATION COMPLIANCE FORI~
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APPROVED AS TO FORM:
senfOi'""iI9st. City AttorlIOY-'
APPROVED: ~:;G:~:. AS~:~CIATE_S __
AssIstant City Manager-. nlew(.omu
Its : ____ f.r~~}J!!IL __ .. _ _' __ ~. ___ _
i5IreC"tor of J;tinance--·----
ii"isk Manager
APPROVED AS TO CONTE/IT:
Attaclunent9:
8XlfIDlT 'WA'I:
EXIUBIT ·B·:
B"XHIBIT "c ... :
BXHIIlIT "D":
SCOPE or SRRVICBS ANV TIME SCHEDULE
FBI? SCH~DUI,8
WSURAIlC&
IIONDJSCRIMINATION COMP['IAIlCB FORM
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APPROVED AS TO FORM:
Senior. Asst. City Attorney
APPROVED:
Assistant city Manager
Director of Finance
Risk Z'1anager
APPROVED AS TO CONTENT:
Director of Ut-iliti-e=-=s--
Attachments:
EXHIBIT "A":
RXHISIT "B":
EXHIBIT lie II :
EXHIBIT liD":
94(06 16 I)'n 0070614
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SALAS 0'8781 ENGINEERS. INC,
By:-~~~t:0--------------
It.:_.~..!_.l!1'.·11 ________ _
SCOPB OF SERVICES Mm TIME SCHBDUL8
FEB SCHEDULE
INSURANCE
NONDISCRHIINATION COMPLIANCR FORB
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EX\f:¥IT A: SCOPE OF SERY~CES
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CITY OF PALO ALTO UTILITIES
RESOURCE CONSERVATION
REQUEST FOR PROPOSAL FOR ENERGY CONSULTING SmVICES
The objective of this soficitation is 10 secure multi-year consulting services to the
City ot Palo Alto (CITYI Utilities Department and ils commercial and industrial
Customers .. The services witt be provided by the consultant on an as-requested
basis. when the Ileed tor services is determined by CITY. Consultant wOlk will be
directed by the CITY~s Project Manager through the issuance of written task
assignments. The scope and tee tOt each task assignrnent will be negotiated
between the consultant and the CITY's Project Manager prior to commencement of
the requested work.. The contract period will one year with an option for renewal
at the end of each year for a maximum of three yeal's. or when the funds are
expended. whichever OCCUl'S 1irst. One adjustment in blUing rates wiif be allowed
annually.
The type of services include: customer energy audits. project design review. new
construction marketing assistance, 1echn!cal assistance for Utilities program
implementation and Utilitios staff training.
Utilities Department Resource Conservation Section wiJJ select no more than four
consultant firms to retain the required expertise in all the task arees. The selection
criteria is described herein.
BACKGROUND
The Resource Conservation Division of the City of Palo Alto Utilities Department
provides energy audits to its commercial and industrial customers. Over the past
six years, consultants have been engage.d to perform these audits when tho (ludit
required specialiled expertise. The scope of the consultant .GerviCes hos ranged
from specific project analysis,to comprehensive whole building auiJ;ts.
The Utilities Department has completed an Integrated Resource Plan (IRPJ which
identified 30 MW of cost·effective electric efficiency opportunities by the year
2011. As di.·ected by tho IRP~ Resource Conservation is developing programs that
offer incentives for efficiency projects in mechanicar and erectric.af systems.
Incentives are proposed for new construction and replacement of equipment that
has failed or reached the end of its lJseful physical or economic life. Consultant(s)
may V,, asked to provide technical services to augment these programs.
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CITY OF PALO AL',v'UTILITIES RFP FOR F.NERGY CO,.JULTING SERVICES
At tho direction of the CITY'S Project Manager, the consultant/s) shall provide on
an as-needed basis:
Audit Sen/ices to Customers. The scope of audits may range (rom
walk-through to detailed en,gineering clnalysis of energy'consuming
systems. The" audit tasks may include making recommendations on;
equipment replacement, equipment operation and maintenance. indoor
air qua Ii tV. power Quality and power (actol, A life-cyc!e cost/benefit
analysis wJlI be provided for each task recommendation. A written
report will be provided to both customer and the City. Oral
presentations to customers may be incruded.
2. P/oject Design Review. Tasks include making recommendations tor
efffcient equipment selection for new buirdings and renovation
projects, site visits. phone consultations and rresentations to
customers.
3.
4.
Marketing Services for New Construction. Tasks include assisting
CITY staft in making presentations to customerS r specifying
desi,gners. and deycropers on efficient equjpment in commercial
development projects. Other tasks may include new construction
project lead development and performing project financial analysis.
Technfcal Support for l1on·residentiaf. resource acquisition programs.
Tasks include:
a. Making recommendations for energy eWciellt equipment
serection. Systems fnclude: efectric and gas chillers.
coofing towers, air distfibution systems, pumping
systems, package air· conditioning units, moto'rs,
adjustable speed drives and building energy management
systems.
b. Performing project energy and .economic analysis.
c. Performing short term monitoIing and performance
evarualion.
d. Reviewing building/system commissioning plans and
make recommendations. Commission air· conditioning
systems if required.
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CITY OF PALO AL'rd UTILITIES RfP FOR ENERGY C(:,n$ULTING SERVICES
5. Training lor CITY ;uBff and customers. Training topics include;
3. M'echanica, systems, and rheir selection, opeHltion and
maintenance.
b. CeWcrnia Energy Code Title·24 compriance for
mechanical measuros.
c. financial analysis of erticient mechanicar projects,
Analysrs for new construction sJlou-fd inc rude the project
impact on the building value and financir:g terms.
Tho selected consu!tams will be assigned tha: various tasks as they occur,
depending ern ~he scope of the task and the their area or expeflise and at the
discretion of the CITY~s Project l\'larager Bnd lhe customer.
1. The CITY~s PfOject Manager will define the task and provide it written
dp.scription of the task to the se!ected consultant.
2. ThS' consultant shall provide CHV a 'oN/ittcn 1ixed p,ice Quotation for services
along with an estimated timD for comptction. jf a site visil and meeting with
tho customor is u~Qu(red to estimate the cosr 01 the task. the consult.:mt may
charge 8 fCasonabfo fee for hfs or her time required fo~ the visit. This may
be added to the cost or the proj{lct assignments or charged separately.
If the consultant declinos 10, perform the work on an offered task~ the CITY's
Projecc Managor should be notified within five working days aher the site
vjsit.
Based on the price quotation, CITY will authorize the work with 8 written
'"Nolica to Pwceed". or redefino the tas!<s associated with the assignment.
A project completion dala wili be S€I by CITY,
5, The consultant shall ~om.olele th~ wO/k and p,ovide CITY with the
deliv-erabfes, A 95% compiete drart report must be submitted at least 10
working days before the project deadline (01 CITY review and comment.
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CITY OF PALO Ab./UTILITIES RfP FOR ENERGY C(,.·,ULTING Sf.RVICES
QruYERAB.ill
Tho doliv&rables wiJI be determined on 8 task by task basIs. Oollverabfes may
include reports; Tllle-24 compliaoce runs. energy calculatioo~, or pres-entations.
Oral pre.s:enlalions and staff Haining sessions may be video f.f3COfded by CITY. AU
reports and wtitten materials must be provided to and approved by the CITY's
Project Manager, prior to the de-livery to the c'ustome.r.
Submit the following infotmat!on with your proposat:
1. A description ot the consultanl's 'company. years rn business and
areas 01 e:xpeflisc. Pleaso ,ist lovel of oxperience In ec::ch of the
foilowing areas: comprehens4vo aueriting, project design and review,
preventative maintenance, il1c1oor air quality. air·conditioning :;ystem
commissioning. power qua!ily. pO'Ncr faciol. and (raining.
2. A minimum of 3. references tor similar scrvicfs ~~;hich ~r:cludo
reference name, address, phone number. type of projecl, project
value, project scope description and customer segment Ifetail. oUice,
institutional, etc.I.
3. A list of ptoject team members. their titles. and their hourly billing
rBtes. Hourly billing rates may be adjusted tlnnuallv al a percentage
rate not to o><c3t!d the Consumer Price lndex lisled for the San
Francisco/San Jos~ area.
4. A list of softwaro, felevant anarysis tools and equipment tho
consultant may use in performing mechanfcal design feview and
energy analysis.
5. Cost estimates for tho following sampfe (asks Ist810 any assumptions
regarding the laskl:
a. Hall day 1"ille-24 mechanical syslems compliance basics
workshop for 20 people.
b. Walk~th[olJgh audit for mechanical systems and controls
for a typical 30,000 square fOOl office building. including
delivery of recommendations.
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CITY OF PALO Am UTILITieS AFP FOR ENERGY Cbi'SUl liNG SERVICES
6.
c. Detailed engineering anatysis of a chiller replacement
project for a 300 ton system, incruding deliverv of
"recommendations. Study would include the ene/gy and
econornlc analysis of selecting a CFC·free chiller.
d. New CO{)Sffuction Design Review of all cooling systems
Ichiller, cooling tower, water and air distribution systems,
and mechanical control system) tor .a new 30.000 square
toot office building. including recommendations,
A statement that addrssses the consultant's ability to respond to task
descriptions and satisfactorily complete assigned tasks In a timely
fashion.
SEU1CliON CRITERIA
No more thall four consulting firms will be retained to petform the services
specifisd in this document.
Trle selection process wilJ include oral presentations by the consultarns selected as
finalists.
The consultants will be selected based on the followjng crite,ia:
1. Relevant experjence.
2. Comploteness of proposal.
3. Abiiity to respond to task assignrnents and accessibility.
4. AnalYSis tool-s, equipment and software.
CITY ,.s.rves the right to reject any and all proposals.
The consultant will be required to provide a Certiiicate of Insurance as a
prerequisite to contract award. The attached Insurance Requirements form det<lils
the minimum li~bili~y limits.
ffi<c"3497 ,r~
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OHIBIT B: FEE SCHEDl:-::E
PROJECT TEAM MEMBERS
&
lIourly Rates aud Fees
I::nergy Efficitllcy E ... ·oluaJions:
Eric L. H after
President
Scott A. Montgomery
Vice President
Training Classes/Seminars:
Energy Eflidency Evaluation Training:
(Methods and Mo/ivofions ojCommercial De~re/opmem)
Reimbursable:
595.00 Pcr Hour
$85.00 Per Hour
$2.000.00 Per Full Day Class Or
SI,300.00 Per Half Day Class
(matcriaJs are included).
COS! plus Ten Percent
Lead }.{anagemenr Services: S500.00 Per Month
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I (fHIBIT B: FEE SCHEDtyE
SECTION 6
RATES
Following 3re ho~H!)' (ates for the BVA te:lIDS:
Brol'11 Ven« & Ass<><)a,es
Thomas D. Veoce,P.E.
'-='t..,lie Kramor. C.E.M.
Micbael Gre<nberg, P.E.
_Keith fairless. E.I.T
Dev Maili
Gabel Dodd Associ.,,,,
Micluel Ga bel
Manyo Dodd
EuviroIDc<:b Consulting
-Plul JUS(
Indoor Environmental
Engineering
FrAll¢i, Offerman; P.E., C.I.II.
Carllon Pfohl
, Sleven Lo[selle
Manin O'Flaheny
Ti~e
Vice Presidl!llt
Seillor Engineer/ProJect
Manager
Seruor Engineer
Senior Engineer
Assoc,jale Engineer
Principal
Principal
Principal
Senior Environmental
Sc[enrist
Engineer
Engineer
EogLneer
'BVA odds a 10 percem mar;"1Jp to suocomraclors' fees.
6-1
!!.Q!!!.J.Uill~
SllO
S90
S90
590
565
$65 •
565 •
565 •
5105 •
565 •
565 •
565 •
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fjHIBIT B: FEE SCHED!.~~E
Ills anticipated \hallhe fO'lfowins NI)'H(;omb AndQrson A~oda!es. slaff wm be participating jn
this plOje<1.
.•... -.~-=,=---.-~~r=="~-i
fiscat Year 07194 a 06/95 ~
St.HMemb<>r Classlflc.tlon Rate
._----_ .. -.--._-_._--_. ---____ !$J11.:L_. __
Pruw;pal 110.00
Mary ~.!l_ry.n •. 'p':~,. __ .. ____ .s.!~'" ~~.""" ____________ . .:65:.::..00
Ann L, McComllck. P.E. 65.00
65,CO ~~!~~~. M_~,~_~_~!:: ____ . ______ . __ . -t:>e ni~ __ ~~i~!~~ ___ ._.~ __ ~ __
f ledellck D. S~ ~e!:. ~~ ___ ,_s:.e::n~;.0!::.:..:E::n:,,!}c':n::e::.': __ .I--_______ ~8:::5::.00:::..!
!~Iic!'!~ . .o.:..Rob~~L ______ S~atl.f.~i.ne-"r _______ . ______ . __ ._7~~
Jose A. MaSOOlro,_~ ____ .?t~tt.!'ng;",.:.e<'-._-I _______ ....:.7.:.3c:,00.c.J
~T::a:.:.m::.:ra:.o:::..;. C::;:.:h!:::.~. P:.,:.::E::.. ___ -I..:S:::la:.:.":..:E."9in"~~ ___ I-__________ 73_'Il!!_
_~_tarc_~ Th.~~~~ ______ .____~~~_ E_·ng_i_n.~___ __. ______ 7_3_.~
Kenneth R. Moo_re ______ ~.::S:::I.:::":.E::·n::'!9incel __ -1-'-_______ 7~
April L K.d.n.~_~_ Sl~ff Enai~ ... ______ . __ --=7..:.3:..:.00-'-1
~K~e~~~n~VY~,VY~~.~rr~.n;_====~<-==~==~=S~I~aff~~~~~.-d======~==w=~~7_3,~00-J
Clerical $t~tf IS ~nd!.lded In overhead and Is no~ toi1!ed sepalately.
Reimbursable EXP90ses
Di'recl cosls, including Iravet and ~er diem, printing, spC'cial malenals. mailing arld del~ve;y
charges, elc. \Viii be biHed at cost \lll!houl mark up.
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J FdH'BIT 8: FEE SCHED~
3. COSTS
Bil~ng rates and related infannation are provided on the page which
follows:
Sala~ O'l!rien Engineers, Inc.
PER DIEM FEE SCHEDllLE
HOURLY CHARGE RATES
PROFESSIONAL AND TECHNICAL
Jallrwry 1, 1994
Finn Principal
• Dan O'Brien, Carl Salas
Vice PrCl>identJSenior Engineer
• Roy Goodman, John Sal~s
• Rodney Smith
Junior Engineers
• Louie Ortega, Ted Mendoza
• Dan Donahoe
DesignerlDrafters (CAD)
Clerical
Court TcstimonylDeposition
Instruction
$95 per hour
$S5 per hour
$60 per hour
$55 per hour
$32 per hour
$150 per hour
$145 per hour
All hourly charges are based on office to project site with a
minimum of four hour.s for any engagemclI!, unless otlle.wise
arranged.
Travel time will be billed at one·half the employee's lI'ourly
rate, unless authorization for full-rate is approved by CPA.
Miseelljllleous Cl<!..t~
Blueprints, rejlroductions and materials, cost + 15%
Compllter Services, cos!
Travel and related expenses, cost 15%
Mileage expense @ $0.30/mile
Sub consultants, cost + 15%
Courier Service @ cost
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