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HomeMy WebLinkAbout1998-07-27 City Council (19)City of Palo Alto City Manager’s Report TO: .HONORABLE CITY COUNCIL 7 FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: SUBJECT: JULY 27, 1998 CMR:313:98 AWARD OF CONTRACT TO KENNEDY/JENKS CONSULTANTS FOR. TURNKEY SERVICES FOR IMPROVEMENTS AND REHABILITATION OF TWO SQUARE CLARIFIERS AT THE REGIONAL WATER QUALITY CONTROL PLANT REPORT IN BRIEF This contract will restore full rated capacity of the secondary clarification process at the Regional Water Quality Control Plant (RWQCP) before the next wet weather season (November 1998). The winter storm of 1997 has accelerated the deterioration of the aging square clarifiers. The RWQCP is currently operating at reduced clarification capacity that is insufficient to treat the higher flow during a wet weather season. This project utilizes "turnkey" services to design, reTengineer, and rehabilitate two square clarifiers. The "turnkey" process expedites the completion of the project with minimal risk to the RWQCP and ensures a single point of responsibility with guaranteed performance. With the concurrence of the City’s Administrative Services Department and Attorney’s Office, a sole source contract, was negotiated with Kennedy/Jenks Consultants (KJ) to perform the "turnkey" services. Among many good reasons and qualifications, KJ was selected for this project because they are the original designer of the clarifiers and the only firm in the Bay Area that designs square clarifiers. The contract price of $679,200 is 9 percent lower than Staff’s estimate, and is comparable to the cost of similar improvements at other cities. CMR:313:98 Page 1 of 5 RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with KJ in the amount of $679,200 for "turnkey" services to provide improvements to two existing square clarifiers at the Regional Water Quality Control Plant (RWQCP). Authorize the City Manager or her designee to negotiate and execute one or more change orders to the contract with KJ for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $60,000. DISCUSSION : Project Description The work to be performed under this contract is for improvement and rehabilitation of two .existing square clarifiers at the RWQCP. This project is part of the RWQCP’s planned rehabilitation program, Secondary Clarifier Modifications, Capital Improvement Project #9514. The RWQCP has four square clarifiers that remove the settled solids from the treated waste stream. The square clarifiers were installed in 1969 to meet the secondary discharge standards, as part of the original RWQCP design. There are two components in this project: Clarifier Rehabilitation: The square clarifiers have operated continuously since installation and are still in operation with the original parts. Because of the corrosive environment and severe loading, the major mechanical components have deteriorated. Over the years, the frequency of breakdowns has increased, and the efficiency of solids removal is continuously decreasing. The 1997 winter storm caused additional damage and accelerated the mechanisms’ deterioration. Presently, one clarifier is out of service and another is partially operable. It is imperative to rehabilitate these clarifiers immediately to ensure continuous service and .to be prepared for the next wet weather season. It is difficult to assess the extent of the rehabilitation work, without taking apart certain components. The manufacturer of the mechanisms is no longer in business. Certain parts will need to be redesigned or reverse-engineered. As part of this project, the mechanisms will be disassembled, inspected, re-engineered, and rehabilitated with new parts. Once disassembled, the clarifier cannot be returned to service until the improvements and rehabilitation work is complete. The RWQCP’s process allows for only oneclarifier to be shut down at a time for rehabilitation during the summer months. This year, due to the El Nino effect, the summer months are limited to July thru October. All four clarifiers must be returned to service by the end of October. Loss of the. clarifiers will directly affect the suspended solids CMR:313:98 Page 2 of 5 concentration in the RWQCP effluent and the disinfection process for final discharge. Consequently, it can lead to a health threat of the Bay water and potential permit violations when the flow exceeds the effective capacity. Clarifier Upgrade: In 1977, the RWQCP was upgraded to an advanced tertiary treatment facility. The tertiary discharge standards are substantially higher than the secondary standards of the original design. The square clarifiers were able to meet the higher standards at a reduced flow. Improvements that will raise the performance of the clarifiers to the tertiary discharge standards, at rated capacity, can be made with minimal added cost during the rehabilitation work. The improvements are part of this project. This contract will engage a firm with design-build capability and experience to design, re- engineer; and rehabilitate the clarifiers. At the end of the contract, the consultant will turn over a fully tested and working system to the RWQCP. This "turnkey" process accelerates the completion of the project with minimal risk to the RWQCP, and at.the lowest possible cost. The process also ensures a single point of responsibility with guaranteed performance. The RWQCP has utilized this process successfully in the past. The clarifiers cannot be shut down during the wet weather months, and only one clarifier can be shut down at a time during the summer months. Staff has estimated that work on two clarifiers can be completed this summer. It is critical that the work be started immediately so that at least two clarifiers can be modified and rehabilitated this summer to provide ,reliable service at improved capacity for the coming winter. Therefore, two clarifiers are included under this contract. The remaining two clarifiers will be upgraded in FY 1999- 2000. Recommendations on the remaining twoclarifiers will be contingent upon the performance of this contract. This project was not selected by the Policy and Services Committee nor the Finance Committee for review. Selection Process Staff is requesting a sole source contract with KJ for the following reasons: Square clarifiers are the signature design of KJ. That is, KJ is the only firm that does square clarifier design. All other wastewater consultant firms in the Bay Area design round clarifiers exclusively. The two types of clarifiers have distinctively different design features and components. Experience in square clarifier design is an important ¯ requirement for this project. Rehabilitation of the square clarifiers requires re-engineering and modifying the clarifiers’ comer sweep mechanism. Two years ago, the City of Millbrae completed re-engineering and modification of the comer sweep mechanisms in its clarifiers. The CMR:313:98 Page 3 of 5 City of Millbrae is very happy with the performance of the new mechanisms. Staff has evaluated the new mechanism at Millbrae and is satisfied that the same design will work well for the RWQCP clarifiers. The City of Millbrae’s clarifier comer sweep modification and redesign, which won the award forengineering excellence, was performed by KJ. KJ indicated that the same design and modification can be adapted for the RWQCP. Other firms in the Bay Area, including CH2M HILL and Brown & Caldwell, recommend converting the square clarifiers to round clarifiers. Staff investigated and found that none of the square clarifiers in the Bay Area have been converted, and staff did not find any such conversion projects elsewhere. Round clarifiers that have performed well have been designed with sufficient depth, which is a very important criterion. The depth of the square clarifiers at the RWQCP is very shallow and will not meet the round clarifiers’, design criteria. Staff estimated that the cost of the conversion to round, and replacement of parts in the clarifiers, would be $550,000 per clarifier. Staff’s estimated cost to improve and rehabilitate the square clarifiers is $375,000 each. The construction.time to convert the square clarifier would take twice as long as the rehabilitation of the existing clarifiers. Staff estimated that only one clarifier per year can be converted to a round clarifier. Staff believes that rehabilitation of the existing square clarifiers is the most cost effective and expedient approach. o Part of this project is to improve the solids removal efficiency to meet the tertiary discharge standards at the rated capacity. KJ is the only firm with experience in design and rehabilitation of square clarifiers. As stated above, experience in square clarifier design is an important requirement for this project. The clarifiers perform a critical ftmction in the treatment of wastewater. The liability to the City, in the event of permit violations, dictates that prior experience in square clarifier design and rehabilitation be requisites of the specification and contractor qualifications. KJ is the only known source that can meet these requirements. Time and weather constraints also make it impracticable to attempt to identify and qualify potential suppliers, and call for bids .for this project. KJ’s proposed cost for the project is $679,200 for the first two clarifiers; the cost for the third and fourth clarifiers will be lower. The proposed cost is 9 percent lower than Staff’s estimate of $750,000 for the two clarifiers. The proposed improvement cost is also comparable to the cost of improvements to the City of Millbrae’s clarifiers. Purchasing and Contract Administration staff assisted in negotiating a reasonable contract price. CMR:313:98 Page 4 of 5 The City Attorney and Purchasing have reviewed the sole source request for compliance with the City’s procedures. A copy of the approved sole source request (Attachment B) is attached to this staff report. RESOURCE IMPACT Funds are available in the Modifications. Capital Improvement Project #9514,Secondary Clarifier POLICY IMPLICATIONS The staff report recommendations are consistent with City policies. ENVIRONMENTAL REVIEW This project is categorically exempt from Califomia Environmental Quality Act. ATTACHMENTS Attachment A:Contract Attachment B:.. Sole Source Request PREPARED BY: Bill Miks, Manager, RWQCP DEPARTMENT HEAD: GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: Assistant City Manager CMR:313:98 Page 5 of 5 EORMAL CONTRACT SECTION 500 CONTRACT (Public Work) Public Works Department This Contract, dated , 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 Kennedy/Jenks Consultants, a California Corporation, ("Contractor"). For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor ("the parties") agree: Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed; on the date that final payment is made hereunder, subject to the earlier termination of this Contract. General Scope of:Project and Work. Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows: PROJECT TITLE:Redesign, Modify and Rehabilitate Two Square Clarifiers at the RWQCP Base Proposal:$ 679,200.00 Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. This Contract. Notice Inviting Formal Bids - Substituted with Exhibit A. Exhibit A - General Provisions and Scope of Work. Drawings. Change Orders. Proposal and K/J letter dated 6 Ju!y 1998.. Supplementary Conditions. General Conditions. Standard Drawings and Specifications (1992). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. Affirmative Action Guidelines and Compliance Report. Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1992). Any other document not expressly mentioned herein which is issued by City or entered into by the parties. 4.Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon CITY OF PALO ALTO: FORMAL CONTRACT SECTION 00500-t OF 8 FORMAL CONTRACT SECTION 500 the receipt of wdtten invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Notice Inviting Formal Bids on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, employees, agents and representatives harmless from and against any and all claims, demands, liabilities; losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees, agents or representatives. This inder~nification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contraotor under this Contract at any time during the term of this Contract, or arising thereafter. To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council members, officers and employees from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. §§6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. §§2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, §§25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, §§25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, §§25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, §§25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of Iossl damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any of its Council members, officers, employees, agents or representatives. 8.Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other CITY OF PALO ALTO: FORMAL CONTRACT " SECTION 00500-2 OF 8 FORMAL CONTRACT SECTION 500 provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or ocCupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials. 10.Bonds. As a condition pre~:edent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice Inviting Formal Bids. 11.Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants: Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required; Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one (1)year after the recordation of the Notice of Substantial Completion, or, if no. such notice is required to be filed, on the date that final payment is made hereunder;. do Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor’s Bid, except as may be permitted by the Notice Inviting Formal Bids; Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project Manager or any other person who has directly contributed to City’s decision to award the contract to Contractor; CITY OF PALO ALTO: FORMAL CONTRACT SECTION 00500-3 OF 8 FORMAL CONTRACT SECTION 500 There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor’s ability to perform under the Contract; Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; Contractor and any person performing labor and services under this Project are duly licensed by the State of California as required by California Business & Professions Code Section 7028, as amended; and Contractor has fully examined and iRspected the Project site and has full knowledge of the physical conditions of the Project site. 12.Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. 13.Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or registered mail within’ten (10) Days after the claim arose or within such other time as may be permitted or required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. 14.Audits by City. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. 15.Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in wdting and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during, regular business hours of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to:City of Palo Alto ATTN.:Daisy Stark, Project Manager Public Works Department, Water Quality Control Plant 2501 Embarcadero Way Palo Alto, CA 94303 CITY OF PALO ALTO: FORMAL CONTRACT SECTION 00500-4 OF 8 FORMAL CONTRACT SECTION 500 To Contractor:Kennedy/Jenks Consultants Engineers and Scientists 2191 East Bayshore Road, Suite 200 Palo Alto, CA 94303 PHONE:( 650 ) 852-2800 FAX:( 650 ) 856-8527 ATT.:John M VVyckoff 16.Appropriation of City .Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii) 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 16 shall control in the event of a conflict with any other provision of this Contract. 17. Miscellaneous. Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and City is, therefore, not responsible for any damage to the personal Property of Contractor. Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. Force Majeure. ,Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract which directly results from an Act of God or an act of a superior governmental authority. Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. h.Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. ~ITY OF ’PALO ALTO: FORMAL CONTRACT ’sEcTIoN 00500-5 OF 8 FORMAL CONTRACT SECTION 500 Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in writing and signed by the parties. Provision. Any agreement, covenant, condition, clause, qualification, restriction,, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractorexpressly waives any and all claims to such rights and benefits. Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Santa Clara in the City of San Jose or in the United States District Court for the Northern District of California in the City of San Jose. Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs, including reasonable attorney’s fees, incurred or expended in connection with such action against the non-prevailing party. IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of Palo Alto, County of Santa Clara, State of California on the date first stated above. ATTEST: City Clerk CITY OF PALO ALTO: FORMAL CONTRACT "SECTION 00500-6 OF 8 FORMAL CONTRACT SECTION 500 CITY OF PALO ALTO CONTRACTOR: By: Its Mayor By: Name: Title: Taxpayer I.D. No. , APPROVED: Assistant City Manager Director of Public Works Acting Director of Administrative Services Insurance Review APPROVED AS TO FORM: Senior Assistant City Attorney CITY OF PALO ALTO: FORMAL CONTRACT SECTION 00500-7 OF 8 FORMAL CONTRACT SECTION 500 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COUNTY OF On , before me, personally appeared. , a notary public in and for said County, , 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 (Seal) END OF SECTION CITY OF PALO ALTO: FORMAL CONTRACT SECTION 00500-8 OF 8 To: Request for Sole Source MEMORANDUM (Purchases in excess of $5,000) Purchasing & Contract Administration ATTACHMENT B From:Public Works/WQCP Sole Source Request For turnkey services to redesign, modify and rehabilitate two Square clarifiers at the RWQCP. The work to. be performed under this contract is for the improvements and rehabilitations to two existing square clarifiers at the RWQCP. The RWQCP has four square clarifiers that remove the settled solids from the treated waste stream. The square clarifiers were installed in 1969 as part of the original plant design to meet the secondary discharge standards. There are two components in this project: Clarifier Rehabilitation: These square clarifiers have operated continuously since installation and are still in operation with the original parts. Because of the corrosive environment and severe loading, the major mechanical components have deteriorated. The frequency of break down has increased over the years, and the efficiency of solids removal is continuously decreasing. The 1997 winter storm has incurred additional damages and accelerated the deteriorations of the mechanisms. Presently, one clarifier is out of service and another is partially operable. It is imperative to rehabilitate these clarifiers immediately to provide continuous service and be prepared for the next wet weather season. The extent of the rehabilitation work is difficult to assess without taking apart certain components. The manufacturer of the mechanisms is no longer in business. Certain parts will need to be redesigned or reverse-engineered. As part of this project, the mechanisms will be disassembled, inspected, re-engineered, and rehabilitated with new parts. Once disassembled, the clarifier cannot be returned toservice until the improvements and rehabilitation work are complete. The plant’s process allows only one clarifier to be shut down at a time for rehabilitation during the summer months. This year, due to the E1 Nino effect, the summer months are limited to July thru October. All four clarifiers must be retumed to service by the end of October. Loss of the clarifiers will directly affect the suspended solids concentration in the plant effluent, and the disinfection process for final discharge. Consequently, it can lead to a threat to the health of the Bay water and potential permit violations when the flow exceeds the effective capacity. Clarifier Upgrade: In 1977, the plant was upgraded to an advanced tertiary treatment facility. The tertiary discharge standards are substantially higher than the secondary standards of the original design. The square clarifiers were able to meet the higher standards at a reduced flow. Improvements that will raise the performance of the clarifiers to the tertiary discharge standards, at rated capacity, can be made with minimal added cost during the rehabilitation work. The improvements are part of this project. This contract will engage a firm with design-build capability and experience to design, re- engineer, modify, and rehabilitate two clarifiers. It is critical that we start the work immediately so that at least two clarifiers can be modified and rehabilitated this summer to provide reliable service at improved capacity for the coming winter. Requested SupplierNendor:Kennedy Jenks Consultants Address:2191 East Bayshore Road, Suite 200 Palo Alto, CA 94303 Contact:John Wycoff Phone (650) 243-2150 PEID# Cost Estimate $697,200 Purchase Requisition # OO JUSTIFICATION: The following sole source justification has been written according to the Purchasing Manual’s Procedure PA-158 issued 12/94. As a minimum justifications should include: Detailed description of why this meets sole source criteria, see PA-158 (Purchasing Manual). The actions taken by the department/division to search for the product or service and what will be done to ensure competitive pricing. Any reports (verbal or written) prepared by the department/division during the research for available products/services. -Expected length of contract. -Last date a proposal or bid was received. Sole Source Decisions: Attachment to PA-158 (Purchasing Manual- rev.12/94)Page 1 Request For Sole Source City of Palo Alto (Justification Continued) We request a sole source contract with Kennedy Jenks Consultants for the following reasons: Square clarifiers are the signature design of Kennedy Jenks Consultants (KJ). That is, KJ is the only firm that does square clarifier design. All other wastewater consultant firms in the Bay area design exclusively round clarifiers. The two types of clarifiers have distinctively different design features and components. Experience in square clarifier design isan important requirement for this project. Rehabilitation of the square clarifiers requires the re-engineering and modifications of the comer sweep mechanism of the clarifiers. The city of Millbrae has completed re-engineering and modifications of the comer sweep mechanisms in their clarifiers two years ago. The city of Millbrae is very happy with the performance of the new mechanisms. Staff has reviewed the new mechanism at Millbrae and is satisfied that the same design will work well for the RWQCP clarifiers. The modifications and redesign of the clarifier comer sweeps at the city of Millbrae, which won the award of engineering excellence, was performed by KJ. KJ indicated that the same design and modifications can be adapted at the RWQCP. Other firms in the Bay area, including CH2M HILL and Brown & Caldwell, recommend converting the square clarifiers to round clarifiers. Staff researched and found that none of the square clarifiers in the Bay area has been converted. Staff also has not found such conversion projects else where. The round clarifiers that have performed well age designed with sufficient depth, which is a very important criteria. The depth of the square clarifiers in the RWQCP is very shallow and will not meet the design criteria of the rotmd clarifiers. Staff estimated that the cost of the conversion to round plus replacement of parts in the clafifiers will be $550,000 per clarifier. Staffs estimated cost to improve and rehabilitate the square cldrifiers is $375,00 each. The construction time to convert the square clarifier will take twice as long as the rehabilitation of the existing clarifiers. Staff estimated that only one clarifier can be converted to round clafifier a year. Staff believes that rehabilitation of the existing square clarifiers is the most cost effective and expedient approach. Part of this project is to improve the solids removal efficiency to meet the tertiary discharge standards at the rated c.apacity. KJ is the only firm with experience in design and rehabilitation of square clarifiers. As stated above, experience in square clarifier design is an important requirement for this project. The clarifiers perform a critical function in the treatment of wastewater. The liability on the City in the event of permit violations requires that prior, experience in square clarifier design and rehabilitation be a requisite of the specification and contractor qualification. KJ is the only known source that can meet these requirements. Time and weather .constraints further make it impracticable to attempt to identify and qualify potential suppliers and call for bids for this project. Requesting Department Approvals: Division Head/Supervisor ~:2z.~~ ~ ,Date Department Head .~ ~.. ~~’-~~ate Purchasing ~~ Approvals: J ...., Buyer Date Manager Purchasing n&~/~~: ~ Contract Administratio Date City Manager Approval ~Date Sole Source Decisions: Attacl ntto PA-158 (Purchasing Manual- Rev.12/94)Page 2