HomeMy WebLinkAbout1997-01-13 City Council (12)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY .COUNCIL
FROM:CITY MANAGER DEPARTMENT: Public Works
AGENDA DATE:
SUBJECT:
JANUARY 13, 1997 CMR:112:97
APPROVAL OF cONSULTANT CONTRACT WITH HARZA
ENGINEERING COMPANY FOR THE ARASTRADERO
PRESERVE DAM AND CREEK IMPROVEMENTS CIP
This is a request for approval of a comultant contract with Harza Engineering Company
in the amount of $97,000 for the Arastradero Preserve Dam and Creek Improvement
Project funded under CIP 47708 (Arastradero Creek Erosion Improvement Projec0 and
CIP 19102 (Arastradero Lake Dam and Spillway Improvements).
RECOMME.NDATLQ~
1.Approve and authorize the Mayor to execute a consultant contract with Harza
Engineering Company in the amount of $97,000 for preliminary engineering design
and environmental analysis for the Arastradero Preserve dam, spillway, creek and
trail.
2 Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract with Harza Engineering Company, for related,
additional but unforseen work which may develop during the project, the total value
of which change order shall not exceed $9,700.
POLICY IMPLICATIONS
The approval of this contract is consistent with existing policies.
. XECUTIVE: ~--~-_--:-
ConsultantServi - ~: "_" ~
The work to be performed under the contract is summarized in Attachment B. This work
will include a hydraulic analysis of the spillway and creek; clearing undesirable trees and
shrubs from the downstream face of the dam; repairing erosion gullies on the dam; repair
or replacement of up to three creek crossings; bioteclmical repair of erosion damage along
portions of the creek; improvement of a portion of the Corte Madera trail and preparation
of environmental documents, preliminary plans and construction cost estimates.
CMR:112:97 Page 1 of 3
After the successful completion of the preliminary design work, staff will negotiate
consultant fees and a detailed scope of work for final design plans, construction
management and vegetation maintenance services and return to Council with a contract
amendment for the negotiated scope and fee for the final design phase. It is difficult to
estimate these services at this time given the limited information on mitigation details for
the creek and spillway.
Consultants studies have determined that: 1) While the dam was not found to be in
immediate danger of failure, superficial cracks were discovered on the face of the dam,
raising questions about its long-term stability; 2) A number of locations on the face of the
dam have-been badly eroded as a result of storms over the past 40 years; 3) The dam
spillway is undersized and may not convey the volume of water generated from a ten-year
or greater storm; 4) The creek is eroded at the crossings and they may not withstand a one
hundred-year storm. Improvement to the crossings must be analyzed to ensure unchanged
flow characteristics through private property downstream. The use of bridges in place of
the existing culverts at the crossings will also be evaluated.
Public Works staff have met with members of the community, Planning Department and
Open Space and Sciences Division staff to discuss the potential improvements. As a result
of these discussions, it was decided that the use of "bioremediation/biotectmology" would
be the best approach to repair erosion damage. Biotectmology methods avoid the use of
concrete-lined channels, stone rip-rap and other hard-armor and instead, wherever
possible, repair damage by a combination of rock, soil and plantings of vegetation which
are used to create a grid of support materials. The biotectmology field is relatively new;
however, Northern. California has a number of firms that are experienced in these
techniques.
Staff sent a request for proposals to seventeen engineering, environmental and landscape
consulting f’m’as on September 20, 1996. A pre-proposal meeting was held on October 17,
1996, at the Arastradero Preserve; thirteen firms attended the meeting. A total of six firms
submitted proposals.
A selection advisory committee consisting of staff from the Public Works Department
reviewed the proposals, and three firms were invited to participate in oral interviews on
December 2, 1996. The interview committee was comprised of representatives from the
Public Works, Planning and Community Services departments and a member of the
Arastradero Preserve task force.
CMR:112:97 Page :2 o1’ 3
Harza Engineering Company was selected because the firm demonstrated experience with
similar bioremediation projects, had a clear understanding of project goals and objectives
and is familiar with construction methods in environmentally sensitive areas.
Funds for this project were originally approved in the FY 94-95 Capital Improvement
budget and are available in CIP projects 47708 and 19102.
ENVIRONMENTAL ASSES~]~
These services do not constitute a project for the purposes of the California Environmental
Quality Act. An environmental assessment will be completed as part of this contract in
order to identify potential environmental impacts prior to final plans and project
construction.
CONFLICT OF INTEREST
Staff, with the concurrence of the City Attorney, has determined that the consultant is
exempt from complying with the f’mancial disclosure provisions of the City’s conflict of
interest code, because the consultant’s range of duties and services to be provided under
the contract is limited in scope or is primarily ministerial in nature.
Agreement
PREPARED BY: John Carlson, Acting Assistant Director of Public Works
DEPARTMENT HEAD REVIEW:
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
JUNE FLEMING
City Manager
cc: Linda Elkind
CMR:112:97 Page 3 of 3
SUMMARY ~.
SCOPE OF WORK
FOR
THE ARASTRADERO PRESERVE DAM AND CREEK IMPROVEMENTS : CIPS 19102 & 47708
~}HASE IV -..Task I. Iternsl-4: Preliminary_ Design Services for Repair of the Dam. Spillwayl Creek and Trail
o All improvements, will be biotech and natural-looking unless otherwise approved by City.
o Bridges in compliance with ADA/Title 24. Design loads & turn radius’ for utility/fire vehicles.
o Identify trees removed. Replace oaks at 3:1
o Trees/plants should be native to the site
o Clear trees/shrubs from downstream face of dam; leave trees/shrubs at lake and preserve any oak not
impacted by dam face repair. Hydroseed with natural grasses.
o Repair erosion gullies and any other damage on face of dam
o Run hydraulic analysis (HEC 1&2) for 1:100, 1:200 and 1:1000 year storms
o Analyze/compare bioteeh v.s. other remediation methods for each design storm (show and compare cross-
section widths, number of trees that would need to be removed, cost, ete).
o Repair "glory hole" at the end of the spillway - Shotcrete v.s. bioteeh (dimensions, cost, trees, etc)
o Creek flow through Bressler property will not be changed. No improvements on Bressler land.
o Run hydraulic analysis (HEC 2) for l:100 year storm. Show flooding areas
o " Spillway: - If possible, repair and retrofit existing bridge for handrail. Replace bridge only if necessary
to make spillway repair, to accommodate fire truck loads or for cost effectiveness.
Site 1: Install a new bridge (fiat ear preferred) at or near washed-out culvert. Evaluate the impact of
the utility crossing on hydraulics.
Site 2: Remove existing culvert (across from "gravel road")
Site 3:(a) Analyze existing culvert (near parking lot) for 1:1130 year storm
(b) .if existing culvert fails at 1:100, remove culvert and upgrade with a new bridge
o Repair erosion at Sites using biotech either at the sites and/or at other areas of the creek
o Improve trail between Sites land the spillway to an "all-weather" trail for pedestrians & utility vehicles
Prepare Site and Design Review Packl~gg
o Include hydraulic analysis, geomorphie assessment and preliminary plans
o Prepare Environmental Impact Analysis
o Prepare habitat restoration plan (grading/landscaping plans)
o ¯Delineate floodplain for dam breach during 1:100 year storm; drainage trenches for dam
o Evaluate use of a buried culvert alongside the existing spillway
o Evaluate feasibility of creating a seasonal wetland area
o Perform up to 3 alternate-year storm scenarios (in addition to the 1:100) for the creek
Pre’pare final design plansl specifications and construction cost estimates "
Provide construction management and maintenanee services for new plantings
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
HARZA ENGINEERING COMPANY
FOR CONSULTING 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
HARZA ENGINEERING COMPANY, a Delaware corporation, located at 425
Roland Way, Oakland, CA 94621 ("CONSULTANT").
RECITALS:
WHEREAS, CITY desires certain professional consulting
services ("Services") and thepreparation and delivery of, without
limitation, one or more sets of documents, drawings, m~ps,~ plans,
designs, data, calculations, surveys, specifications, schedules or
other writings ("Deliverables") (Services and Deliverables are,
collectively, the "Project"), as more fully described in Exhibit "K’;
and
WHEREAS, CITY desires to engage CONSULTANT, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Project 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 I. TERM
I.i This Contra9t will commence on the date of its
execution by CITY, and will terminate upon the completion of the
Project, unless this Contract is earlier terminated by CITY. Upon
the receipt of CITY’s notice to proceed, CONSULTANT will commence
work on the initial and subsequent Project tasks in accordance with
the time schedule set forth in Exhibit I’A". Time is ~of the essence
of this Contract. In the event that the Project is not completed
within the time requiged through any fault of CONSULTANT, 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 CONSULTANT.
.SECTION 2. SCOPE OF PROJECT; CHANGES & CORRECTIONS
2.1 The scope of Services and Deliverables constituting
the Project will be performed, delivered or executed by CONSULTANT
under the phases of the Basic Services as described below.
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2.2 CITY may order substantial changes in the scope or
character of the Basic Services, the Deliverables, or the Project,
either decreasing or increasing the amount of work required of
CONSULTANT. In the event that such changes are ordered, subject to
the approval of CITY’s City Council, as may be required, CONSULTANT
will be entitled to full compensation for all work performed prior
to CONSULTANT’s receipt of the notice of change and further will be
entitled to an extension of the time schedule. Any increase in
compensation for substantial changes will be determined in
accordance with the provisions of this Contract. CITY will not be
liable for the cost or payment of any change in work, unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performance of any such change in work.
2.3 Where the Project entails the .drafting and
submission of Deliverables, for example, construction plans,
drawings, and specifications, any and all errors, omissions, or
ambiguities in the Deliverables, which are discovered by~ CITY
before invitations to bid on a construction project (for which the
Deliverables are required) are distributed by CITY, will be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
2.4 Any and all errors, omissions, or ambiguities in the
Deliverables, which are discovered by CITY after the construction
_contract is awarded by CITY, will be performed by CONSULTANT, as
follows: (a) at no cost to CITY insofar as those Services,.
including the Basic Services or the Additional Services, as
described below, or both, will result in minor or nonbeneficial
changes in the construction work required of the construction
CONSULTANT; or (b) at CITY’s cost insofar as those Services,
including the-Basic services or the Additional Services, or both,
will add a direct and substantial benefit to the construction work
required of the construction CONSULTANT. The project manager in
the reasonable exercise of his or her discretion will determine
whether the Basic Services or the Additional Services, or both,
will contribute minor or substantial benefit to the construction
work.
SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF
CONSULTANT
3.1 CONSULTANT represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services and Deliverableso CONSULTANT further
represents and warrants that the project director and every
individual, including any consultant (including CONSULTANTs),
charged with the performance of the Services are duly licensed or
certified by the State of California, to the extent such licensingor certification is required by law to perform the Services, and
that the Project will be executed by them or under their
supervision. CONSULTANT will furnish to CITY for approval, prior
to execution of this Contract, a list of all individuals and the
2970106 syn 0071104
names of their employers or principals to be employed as
consultants.
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Project.
3.3 ~CONSULTANT will assign DAVID MILLER as the project
director to have supervisory responsibility for the performance,
progress, and execution of the Project. NICKOLAS BOKISCH will be
assigned as the project coordinator who will represent CONSULTANT
during the day-to-day work on the Project. If circumstances or
conditions subsequent to the execution of this Contract cause the
substitution of the project director or project coordinator for any
reason, the appointment of a substitute project director or
substitute project coordinator will be subject to the prior written
approval of the project manager~
3.4 CONSULTANT represents and warrants that it will:
3.4.1 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 Project;
3.4.2 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 and any materials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and comply with, and cause
its employees.-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
3.4.4 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 the Deliverables.
3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
become the property of CITY and will not be made available to any
individual or organization by CONSULTANT or its consultants, if
any, without the prior written approval of the city manager.
3.6 CONSULTANT will provide CITY with fifty (50) copies
of any documents which are a part of the Deliverables upon their
completion and acceptance by CITY.
3.7 If CITY requests additional copies of any documents
which are a part of the Deliverables, CONSULTANT will provide such
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3970106 syn 0071104
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT will be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee or consultant of CONSULTANT fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or consultant will be discharged immediately from further
performance under this Contract on demand of the project manager.
3.9 In the execution of the Project, CONSULTANT and its
consultants, if any, will at all times be considered independent
contractors and not agents or~employees of CITY.
3.10 CONSULTANT will perform or obtain or.cause to be
performed or obtained any and all of the following Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.10.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.10.2 Incurring travel and subsistence expenses for
CONSULTANTand its staff beyond those normally required under the
Basic Services;
~3.10.3 Performing any other Additional Services that
may be agreed upon by the parties subsequent to the execution of
this Contract; and
3.10~4. Other Additional Services now or hereafter
described in an exhibit to this Contract.
3.11 CONSULTANT will be responsible for employing all
consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants must
be, approved, in advance, by CITY, in writing, and must remain
acceptable to CITY during the term of this Contract.
SECTION 4. DUTIES OF CITY
4.1 CITYwill furnish or cause to be furnished the
services listed in Exhibit "A" and such information regarding its
requirements applicable to the Project as may be reasonably
requested by CONSULTANT.
4.2~ CITY will review and approve, as necessary, in a
timely manner the Deliverablesand each phase of work performed by
CONSULTANT. CITY’s estimated time of review and approval will be
furnishedto CONSULTANT at the-time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information ~ong CITY’s various
departments makes it extremely difficult for CITY to firmly
970106 ~yn 0071104
establish the time of each review and approval task. CITY’s failure
to review and approve within the estimated time schedule will not
constitute a default under this Contract.
4.3 The city manager will represent CITY for all
purposes under this Contract. KAREN BENGARD is designated as the
project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the Project,
and will be assisted by YOUNG TRAN, the Project Engineer.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT, CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5. COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed ninety-seven thousand
dollars ($97,000). The amount of compensation will be calculated
in accordance with the hourly rate schedule set forth in Exhibit
"B", on a time and materials basis, up to the maximum amount set
forth in this Section. The fees of the consultants, who have
direct contractual relationships with CONSULTANT, will be approved,
in advance, by CITY. CITY reserves the right to refuse payment of
such fees, if such prior approval is not obtained by CONSULTANT.
5.1.2 In consideration of the. full performance of
Additional Services, the amount of compensation set forth in
Exhibit "B" will not exceed fifteen thousand two hundred dollars
($15,200). An employee’s time wiil be computed at a multiple of
one (i) times the employee’s direct personnel expense described
below. The rate schedules may be updated by CONSULTANT only once
each calendar year, and the rate schedules will not become
effective for purposes of this Contract, unless and until
CONSULTANT gives CITY thirty (30) days’ prior written notice of the
effective date of any revised rate schedule.
5.1.3 The full payment of charges for extra work or
changes, or both, in the execution of the Project will be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the project manager. Payment will be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties will agree upon an estimated maximum cost for
such extra work or changes. CONSULTANT will not be paid for extra
work or changes, including, without limitation, any design work or
change order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
5970106 ~n 0071104
5.1.4 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work of architects, engineers, designers, job captains,
draftspersons, specification writers and typists, in consultation,
research and design, work in producing drawings, specifications and
other documents pertaining to the Project, and in services rendered
during construction at the site, to the extent such services are
expressly contemplated under this Contract. Included in the cost
of direct personnel expense of these employees are salaries and
mandatory and customary benefits such as statutory employee
benefits, insurance, sick leave, holidays and vacations, pensions
and similar benefits.
5.2 The schedule of payments will be made as follows:
5.2.1 Payment of the Basic Services will be made in
monthly progress payments in proportion to the quantum of services
performed, or in accordance width any other schedule of payment
mutually agreed upon by the parties, as set forth in Exhibit "B",
or within thirty (30) days of submission, in triplicate, of such
requests if a schedule of payment is not specified. Final payment
will be made by CITY after CONSULTANT has submitted all
Deliverables, including, without limitation, reports whi~ch have
been approved by the project manager.
5.2.2 Payment of the Additional Services will be
made in monthly progress payments for services rendered, within
thirty (30) days of submission, in triplicate, of such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments to general contractors.
SECTION 6.ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the Project wiil be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and willbe madeavailable
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier termination of this Contract.
6.2 The originals of the Deliverables prepared by or
under the direction of CONSULTANT in~ the performance of this
Contract will become the property of CITY irrespective of whether
the Project is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. These originals will be
delivered to CITY without addiZional compensation. CITY will have
the right to utilize any final and incomplete drawings, estimates,
specifications, and any other~ documents prepared hereunder by
CONSULTANT, but CONSULTANT disclaims any responsibility or
liability for any alterations or modifications of such documents.
6
970106 syn 0071104
SECTION 7.INDEMNITY
7.1 CONSULTANT 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 CONSULTANT’s, its
officers’, agents’, consultants’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONSULTANT in the
performance of or failure to perform its obligations under this
Contract.
SECTION 8~ WAIVERS
8.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract or of the provisions of any ordinance or law will not be
deemed to be a waiver of any such covenant, term, condition,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money whichmay become due hereunder will-
not be deemed to be a waiver of any preceding breach or violation
by the other party of any covenant, term, condition or provision of
this Contract or of any applicable law or ordinance.
8.2 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.
SECTION9.INSURANCE
9.1 CONSULTANT, 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 onlylCONSULTANTand its consultants, if any, but also,
with the exception of workers’ compensation, employer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9,2 All~ insurance coverage required hereunder will be
provided through carriers with Best’s Key Ratinq Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all consultants o.f CONSULTANT
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 CITY as an
additional insured under such.policies as required above.
~.3 Certificates of such insurance, preferably on 5heforms provided by CITY, w111 be filed with CITY concurrently wlth
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
7970106 ~,n 0071104
not be canceled or altered by the insurer except after filing with
the 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’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during th~ term of this Contract with the city
clerk
9.4 The procuring of such required policy or policies
of insurance will not be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the .indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising .after the Contract is terminated or
the term has expired.
SECTION i0. WORKERS’ COMPENSATION
I0.i CONSULTANT, 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
commencing the performance of the Project.
PROJECT
SECTION ii TERMINATION OR SUSPENSION OF CONTRACT OR
ii.I The city manager may suspend the execution of the
Project, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item. of Basic Services. Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract .....
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project 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 Basic Services or the execution of the~Project.
11.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Servi~ces and
Additional Services performed and Deliverables received and
approve~ prior to receipt of written notice from CITY of suchsuspenslon or abandonment, together with authorized additional and
reimbursable expenses then due. If the Project is resumed after it
has been suspended for~m0re than 180 days, any change in
CONSULTANT, s compensation will be subject to renegotiation and, if
8
necessary, approval of CITY’s City Council. If this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensateC0NSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
11.4 In the event of termination of this Contract or
suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as follows:
11.4.1 For approved items of services, CONSULTA!CT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
11.4.2 For approv.ed items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which bears the same ratio to the total fee otherwise
payable for the performance of the service as the quantum of
service actually rendered bears to the services necessary for the
full performance of that item of service.
11.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
11.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately any and all copies of
the Deliverables, whether or not completed, prepared by CONSULTANT
or its consultants, if any,. or given to- CONSULTANT or its
consultants, if any, in connection with this Contract. Such
materials will become the property of CITY.
11.6 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONSULTANT to fulfiil its obligations under this Contract.
SECTION 12. ASSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT 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 CITY 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.
9970106 ~yn 0071104
SECTION 13.NOTICES
13.1 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
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 14.CONFLICT OF INTEREST
14.1 In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
14.2 CONSULTANT further covenants that, in the
performance of this Contract, it will not employ contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one who has or will 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 15. NONDISCRIMINATION
15.1 As set forth in the Palo Alto Munieipal Code, no
discrimination will be made in the employment of persons under this
Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of such
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D"
15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as ~follows:
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscr-imination in employment; that [Name of
Provider] will pursue an affirmative course of
action as required by the Affirmative Action
i0
970106 syn 0071104
Guidelines of the City of Palo Alto; 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."
15.3 If CONSULTANT 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 will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. 0nly
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.
15.4 If CONSULTANT is found in default of the
nondiscrimination provisions of this Contract or the applicable
Affirmative Action Guidelines pertaining to this Contract,
CONSULTANT will be found¯ in material breach of this Contract.
Thereupon, CITY will have the power to cancel or suspend this
Contract, in whole or in part, or to deduct from the amount payable
to CONSULTANT the sum of two hundred fifty dollars ($250) for each
calendar day during which CONSULTANT is not in compliance with this
provision as damages for breach of contract, or both.
SECTION 16 ....MISCELLANEOUS PROVISIONS
16~ICONSULTANT represents .and warrants that it has
knowledge of the requirements of the federal 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. CONSULTANT will
comply with or ensure by its advice that complianc~ with such
provisions will be effected pursuant to the terms of thls Contract.
16.2 upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract may be settled
by arbitration in accordance with the Rules of ~the American
Arbitration Association, and judgment upon the award rendered by
the.Arbitrators may be entered in any court having jurisdiction
thereof.
16.3 This Contract Will be governed by the laws of the
State of California, excluding its conflicts of law.
Ii970106 syn 0071104
16.4 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.
16.5 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 and attorneys’ fees expended in
connection with that action.
16.6 This document represents the entire and integrated
Contract between the parties and supersedes all prior negotiations,
representations, and contracts, either written or oral. This
document may be amended only by a written instrument, which is
signed by the parties.
16.7 All provisions of this Contract, whether covenants
or conditions~, will be deemed to be both covenants and conditions.
16.8 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of the parties.
16.9 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
16.10 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.
16.11 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.
16.12 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 without any penalty(a) at the
end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, .or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of
the~ fiscal year and funds for this Contract are no longer
available. This Section 16.12~wili take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
12970106 syn 0071104
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:
Mayor
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Public Works
HARZAENGINEERING COMPANY
By:~
Its:
Taxpayer’s I.D. No.362704003
Deputy City Manager,
Administrative Services
Risk Manager
Attachments:
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF PROJECT & TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
970106 ~yn 0071104 13
STATE OF
COUNTY OF
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code S 1189)
On~~%~ ~ , 1997, before me, ~~~~\~ ,
a Notary Publi~c~.in~nd for said County and State, personally
appeared ~.~.~ , perso~ally known to me
_ _-- " - cn the~’- ~ .~ ’-~-.-....1~ev~. ,e}~to be the
person(M0 whose name(~) %s~@~e s~_bscribed to the w~thln instrument
~d acknowledged to, me--that ~_~_~/they executed ,~he ~ame in
ki~h~/tbe~r authorized capacity(i~s), and .that by ~i~/~/th~r
s~nature(~ on the instrument the person(~), or the~ntity upon
behalf of which the person(~ acted,execuded the instrument.
WITNESS my hand and official seal."
Signature of Notary Public
14970106 syn 0071104
EXHIBIT A
PHASE IV SCOPE OF WORK
STUDY & DESIGN FOR
ARASTRADERO LAKE DAM EMBANKM~W’r, SPK,LWAY AND
CREEK AND TRAIL IMPROVEMENTS
Description of Project:
The objective of the work plan described herein is for improvements to the Arastradero Lake
dam, spillway, creek and trail which are located within the Arastradero Preserve. The
Preserve, which is open to the general public, is owned by the City of Pale Alto and consists
of 613 acres of rolling grassland and forest. It is located on the east side of Interstate 280, a
quarter-mile north of the intersection of Page Mill Road and Arastradero Road (refer to Figure
1). Preserve elevation varies from approximately 275 feet in the northeast to 775 feet in the ’
southwest. The major valley crossing the preserve from north to south was created by
Arastradero Creek which is seasonal and only flows during wet winters.
Arastrasdero Lake dam is an earthen dam that was built sometime in the late 1950’s. There
are no plans or specifications (that have been found) for the dam. The dam was inspected after
the Loma Prieta earthquake in 1989 and is in no immediate danger of failure, however,
superficial erosion and leakage have been identified. The spillway area, creek and a culvert
have also been damaged as a result of excessive flows. The downstream face of the dam is
thickly vegetated, primarily with oak, willow, poison oak and coyote brush. The upstream
dam, adjacent to the lake, is bordered by willows and reeds. The storage capacity of the dam
is approximately 16-20 acre-feet with a surface area of 2 acres and depth of 20-25 feet. The
dam crest is roughly 300 feet high and 35-60 feet wide. The height of the spillway is 15 feet.
Arastradero creek from the dam to the Preserve boundary is roughly 3,000 feet in length. -
The creek, dam and spillway are within the jurisdiction of the Santa Clara Valley Water
District (SCVWD). The SCVWD has no easement near, and does no work on, the creek, dam
or spillway. Since City improvements to this area may impact downstream facilities, however,
the SCVWD will review work generated by Consultant as a result of this Scope of Work and
may mandate additional improvements. The SCVWD recommends that all bridges and
culverts be designed to withstand a 100-year storm, unless data can be provided to support
designing a lesser structure.
January 8, 1997
For this scope of work, repairs and/or improvements to the Arastradero Lake dam, creek and
trail will be made at the following locations (see Figure 2):
[]
[]
Dam - earthen dam located at Arastradero Lake
Spillway (including bridge) - begins at the Arastradero Lake dam and extends
approximately 150 feet downstream
Creek - downstream from dam:
Site 1: Culvert (largely ,washed-out) approximately 1/4 mile downstream from
the spillway
Site 2: Culvert currently used for utility vehicle access to gravel road
Site 3: Culvert at the entrance to the Arastxadero Preserve, near the parking lot
that is adjacent to Arastradero Road
a portion of the "Corte Madera" trail located between Sites 1 and theTrail-
spillway.
Project Goals: "
The work to be accomplished by the Consultant is detailed later in this Scope of Work and
summarized as follows:
~ - Preliminary Design Services for Repair of the Dam, Spillway, Creek and Trail
Item 1: Prepare Hydraulic Analysis and geomorphic assessment for the Spillway and
Creek Improvements and Preliminary Design with Cost Estimate for Dam,
Spillway and Creek Improvements
Item 2: Prepare a Preliminary Design and Cost Estimate to Improve a Portion of the
Trail Between Site 1 and the spillway.
Item 3: Prepare a Site and Design Review Package (S&DRP) for Items 1 and 2
Item 4: Optional Services
~- Future Services (requires City Council approval)
Item 5: Prepare Final Designs (Plansi Specifications and Construction Cost Estimate)
Item 6: Provide Construction and Maintenance Services
January 8, 1997
2
Services and Information Provided by the City:
The Consultant will need to provide survey or other information necessary to supplement the
following provided by the City:
[]Design Development Phase II ("Spillway Adequacy and Preliminary Rehabilitation
Schemes") and Phase III ("Seismic Stability Evaluation Arastradero Lake Dam)
reports by Geomatrix Consultants.
[]S&DRP for the dam and spillway prepared by Geomatrix Consultants in 1993.
[]Naturalist Walkthrough Report
[]Tree Survey information for face of dam and spillway area
[]"Environmental Assessment Worksheet" prepared for the dam and spillway in 1993.
[]Mylar of cross sections of the dam (at,intervals of 50 feet along the dam axis).
Cross sections were prepared from survey data taken in 1994 and may, if
directed by City, need to be updated by Consultant as a result of storm damage
since that time.
[]Mylar of profile and cross sections of the existing spillway. Prepared from
survey data taken in 1994 which may, if directed by City, need to be updated by
Consultant as a result of storm damage since that time.
[]Mylar topographic base map (general site plan) of Sites 1, 2, 3 and 4 and all
areas included in the planned construction with a 1-foot contour interval and
scale of 1 inch = 10 feet.
[]Locations of eight houses outside of the Arastradero Preserve that may be subject
to flooding from Arastradero Creek. The houses are in ~Los Altos Hills between
the City of Palo Alto boundary and Matadero creek. City will provide channel
cross-sections adjacent to these houses and the distance from house to channel.
[]Mylar profile and cross sections at 50-foot intervals along the Arastradero Creek
channel from station 10+00 to 15+00 and from station 20+60 to 25+50 (see
Figure 2).
[]Mylar of cross sections of the creek channel at Site 3, at 50-foot intervals for 500
feet.
[] Mylar of cross sections of the creek channel at Sites I and 2, at 50-foot intervals
for 300 feet.
[] AutoCAD drawing file shown as UFigure 2" in this Scope of Work
January 8, 1997
3
Task I - Preliminary Design Services for Repair of the Dam, Spillway,
Creek and Trail
Item 1:Prepare Hydraulic Analysis for the Spillway and Creek Improvements and
Preliminary Design with Cost Estimate for Dam, Spillway and Creek
Improvements
All improvements related to the project shall, unless otherwise approved by the City, use
bioteehnical and riparian habitat restoration methods to repair the dam, spillway, creek
and trail. (Gabions are not considered to be a biotechnical solution). Other materials
used shall be textured and/or colored to blend into the work surroundings. All
improvements will be as natural-looking as possible.
All improvements shall be in accordance with the Americans with Disabilities Act
(ADA) and Title 24 regulations.
Consultant shall identify and prepare reports or applications necessary to obtain project
approval and/or permitting from outside agencies. City will coordinate .the submission
of and track the status of the approval and/or permit process. Permitting costs shall be
included in the preliminary cost estimate.
Proposed bridges and/or culverts shall be designed to withstand a 100-year storm unless
a lesser-storm design is approved by the SCVWD.
Plans and/or reports shall show and identify by botanical and common name, species and
diameter any trees that must be removed as part of the repair or improvements. Trees or
shrubs that must be removed in order to accommodate construction equipment must also
be identified. Trees that are to remain, but are within 10-feet of improvements also
shall be identified.
Consultant shall save existing trees wherever possible. Oaks trees with diameters greater
than 3" that must be removed sh~ be replaced at a ratio of 3:1. Willows, non-native
trees and all shrubs shall be replaced if directed by City. The location of removed trees
and vegetation and the location of their replacements (if any) shall be shown on
preliminary plans and approved by City.
New plants, shrubs and/or trees used in the project as replacements or for bioremediation
shall be native to the site. Ideal planting times, locations, maintenance requirements and
January 8, 1997
4
costs until roots are established, deer protection methods, height when mature, and/or
other pertinent information as determined by City shall be given.
Preliminary plans with cost estimates shall be prepared for the dam, spillway, creek,
culvert/bridge and trail as detailed in later Task I Items. Preliminary plans shall, show,
at a minimum, the following items if they are within 100 feet of the construction area:
cross sections; profiles; planting details; contours; easements; encroachments; items that
may restrict construction; locations of existing buildings; creek crossings; trees impacted
by construction (by species, size and location); tree replacement (by species, size and
location); information concerning underground and above ground service and utility
lines, both public and private.
Information from the Site Design and Review Package prepared by Geomatrix
Consultants for the dam and spillway in 1993 shall be incorporated into the preliminary
design plans if appropriate.
Consultant shall prepare a project schedule using critical-path methodology that shows
preliminary design duration; permitting requirements and review by outside agencies,
submittal dates; and review by City staff, Council, citizens and environmental groups.
Final design, construction and maintenance durations (Task II) should be estimated and
included in the schedule. The final design should be established so that construction
could occur at a time suitable for both the establishment of trees and vegetation and to
avoid the bird nesting season (April through June). This schedule shall be updated at the
request of City as work progresses, but no more than once per month.
Consultant shall be prepared to address comments and concerns of staff, outside
agencies, citizens, environmental groups and Council. At the request of City,
Consultant shall prepare presentation materials for and attend meetings with any or all of
the following:
Four (4) 4-hour meetings to discuss City staff and community
comments/concerns on the preliminary design and hydraulic analysis.
Five (5) 4-hour meetings for the Site and Design Review Package process:
Staff and consultant meetings with citizens and environmentalists (2 total)
Public Heating and S&DRP meetings: one each for the Architectural
Review Board, Planning Commission, and City Council (3 total).
Meet monthly, at a minimum, with the Public Works Project Manager to
discuss project status.
January 8, 1997
Any of the above meetings that are canceled or deemed unnecessary for Consultant to
attend shall be credited towards other potential meetings.
(see Figure 2)
Consultant shall describe any adverse effects that may arise from leaving trees on the
dam, including the lakeside face of the dam, versus problems that may occur from
removing trees (e,g,, decay of roots left behind). Undesirable growth on the
downstream slope of the dam shall be identified and cleared (the embankment adjacent to
the lake will not be disturbed).
Holes in the dam caused by tree removal, erosion, burrowing animals or other means
shaft be identified and method of repair described. Consultant shall discuss and
recommend method for removing tree roots in their entirety; how deep and what
diameter of root to remove and discuss any precautionary methods that may need to be
taken to prevent additional damage to the dam during the root-removal process.
Additional methods to stop and/or repair seepage through the dam shall be discussed if
applicable. Consultant shall show tree removal and replacement, hydroseed area,
grading plans, repair of erosion gullies and any other areas of dam repair.
~ (see Figure 2)
1.Perform a hydraulic analysis using HEC-1 and HEC-2 computer models for the spillway.
The spillway will be analyzed for l:100-year, 1:200-year and l:1000-year storms.
Storm flow intensities and other information ne~ssary for hydraulic analysis shall be
obtained by Consultant and be based on the Santa Clara Valley Water District’s rainfall
data. Resultswill be included in the S&DRP (Item 3) and shall include calculations,
design flood hydrograph, flood routing and flood hazard areas for 1:100, 1:200 and
1:1000 year storms. Results shall be reviewed by the City and the SCVWD.
Consultant shall analyze and compare the use of shotcrete versus biotechnical methods
for spillway repair for each of the design year storms. (Gabions are not considered to be
¯ a biotechnical solution). Consultant shall show and compare the impact that the shotcrete
and biotechnical treatment will have on nearby trees by giving the species, location and
size of each tree impacted. Other impacts or constraints, such as intrusion into utility
right-of-way or trail areas shall also be identified.
A hole approximately 8-feet deep has developed at the downstream terminus of the
spillway. Consultant shall compare the use of shotcrete versus biotechnical methods for
January 8, 1997
6
o
the hole repair for each of the design year storms. Consultant shall show and compare
the impact that the shoterete and biotechnical treatment will have on nearby trees by
giving the species, location and size of each tree impacted. Other impacts or constraints,
such as intrusion into utility right-of-way or trail areas shall also be identified.
Based on the results of Spillway itemsl-3 above, City will select a design year storm
and treatment method for the spillway ....
1.Arastradero Creek flows through the Bressler property, which is located adjacent to the
project area (see Figure 2). The creek through Bressler land is not included for
improvement by this project. Consultant shall show that flows into and out of the
Bressler property and out of the Preserve area should not be increased or decreased
significantly as a result of project improvements.
Consultant shall perform a hydraulic analysis of creek improvement alternatives using
HEC-1 and HEC-2 computer models. All storm flows will be based on the SCVWD’s
rainfall data, which will be obtained by Consultant. The creek will be analyzed for a
l:100-year storm. At the option of the City, up to three (3) alternate-year storms may
also be analyzed (see Item 4). Show the design flood hydrograph, flood routing and
flood hazard areas. Include and discuss results in a report for review by the City and
SCVWDo
The creek shall be analyzed for the following sites and scenarios:
Spillway:
Site I: .
Site 2:
Site 3:
If possible, retrofit existing rail-car bridge with handrails (otherwise
install a new prefabricated bridge with handrails).
(a) If possible, install rail-car bridge with handrails (otherwise install a
new prefabricated bridge with handrails);
(b) Evaluate hydraulic impacts to existing utility crossing at this Site.
Remove existing culvert
(a) Analyze the ability of the existing culvert to withstand a 100-year ¯
storm;
(b) If the existing culvert is not able to withstand a lO0-year storm,
then remove the existing culvert and install a new rail-car bridge with
handrails ( or, if infesible, a prefabricated bridge).
Consultant shall mitigate adverse flow impacts on the creek by using biotechnieal methods
at the spillway, Sites, or other areas of the creek. Based on the results of Creek analysis,
City will select the final improvement configuration for the creek.
January 8, 1997
7
If rail/flat-car type of bridges cannot be used as a result of dimensions or load-carrying
ability, Consultant shall provide manufacture’s information and cost estimates for at least
three different styles of prefabricated bridge designs for City approval, The bridge options
presented by Consultant for City review shall have handrails, be ADA and Title 24
accessible, blend into the surroundings as much as possible, be constructed from low-
maintenance materials and have abutments designed to withstand a 100,year storm.
Vehicles must be able to turn from any adjacent utility road onto the bridge without
damaging the bridge’s railing. City will provide typical utility/fire truck dimensions and
loading. After selection of the preferred bridge by City, Consultant shall provide
preliminary design drawings for the selected bridge at the spillway and at Sites I and 3.
Consultant shall recommend means to protect the existing underground utilities located at
Site 1. If possible, improvements shall not extend into or interfere with the utility
easement.
Improvements at Sites 1 through 3 shall be shown on the preliminary plans with 1-foot
contour intervals and scale of 1 inch = 20 feet unless otherwise agreed to by City. Other
improvement areas shall be shown at 1 inch = 40 feet, or as agreed to by City.
Item 2: Prepare a Preliminary Design and Cost Estimate to Improve a Portion of the
Trail Between Site I and the spillway (see Figure 2)
1.Improve ,the "Corte Madera" trail between Sites 1 and the spillway to an all-weather for
pedestrians, emergency and utility vehicles. Evaluate the use of drainage trenches, berms
and other techniques adjacent to the trail to prevent water saturation. Trail should not be
paved with asphalt or concrete but should be constructed with natural-looking materials or
methods to allow it to blend into the surroundings. Evaluate realigning the trail to avoid
encroaching on the utility easement at the Site 1 creek crossing.
Item 3: Prepare Site and Design Review Package for Items 1 and 2
The Consultant shall prepare a Site and Design Review Package for City review that
includes, as a minimum, the following information:
A)Project background that describes the need for the project, alternate solutions considered
and reason for their rejection, proposed solution, identifieation of potential borrow and fill
needs, use and source ofbiotech materials, use of trees removed from project site and an
analysis of the proposed improvement’s visual impaets,
January 8, 1997
B)Environmental Impact Analysis (EIA) including a City of Pale Alto "Environmental
Assessment Worksheet". This worksheet summarizes project information such as site
drainage provisions, amount of proposed grading, permits required from other agencies,
etc. The Consultant shall revise the Naturalist Walkthrough Report and address in the EIA
all issues regarding fauna, animal habitat and noise impacts that may be affected by the
project. When preparing the environmental assessment and S&DRP, riparian habitat
restoration and biotechnical bank stabilization techniques will be used as means of
assessing the impacts on the natural riparian habitats.
Technical reports provided by Consultant:
1. Update existing Tree Survey (if directed by City) and provide report - provide location,
botanical and common name, height, diameter, health, appearance and shade/shelter
habitat of all trees near and on the construction site and a written description of measures
that can be taken to reduce construction impacts on the environment.
2, Hydrologic and Hydraulic analysis showing design flood hydrograph, flood routing and
flood hazard areas for the improvements specified in the various Items in this scope of
work.
3. Hydrologic and hydraulic analysis of the flood surface profile showing the results of the
dam breach during the 1:100-year storm.
4. Incorporate soils report and other engineering analysis from the Design Development
Task 11-1 report by Geomatrix Consultants.
5. Assessment ofgeomorphic condition relevant to the project.
D)Consultant shall Provide Drawings for the S&DRP (no larger than 24" X 36") at a
min~num:
1. Vicinity Map
2. Show existing conditions and project location on an aerial photograph, photos of the
site, photographic display, diagrams and line of site studies, an artist’s rendering or
photo montage.
3. Site Impact Plan showing existing conditions, proposed changes and construction work
boundaries.
4. Typical profiles and cross sections of proposed modifications to the dam, spillway and
creek and trail improvements.
5. Landscape plans showing existing, removed and new vegetation .....
6, Preliminary grading plans showing existing and proposed elevation contours.
7. Construction details showing typical biotec~cal bank stabilization techniques, shotcrete
applications, flow control features, planting details, etc., as appropriate.
8.Bridge drawings and related information such as bridge designs considered, cost and
maintenance requirements.
E) Preliminary construction cost estimates for the following:
January 8, 1997
9
1.Dam and spillway improvements identified in this scope of work,
2,Creek alternatives and improvements, including bridges, identified in this scope of work.
3.Trail improvements to the path located between Sites 1 and 2.
4.Maintenance and (deer) protection requirements and costs for new trees and bioremediation
Provide eight copies of the draft S&DRP and preliminary plans for City staff review.
After review of the drafts by the City, Consultant shall incorporate City comments and
prepare and submit a total of fifty (50) copies of the of the revised draft S&DRP and
preliminary plans to the City for:
Planning Commission - 15 copies
Architectural Review Board (ARB) - 15 copies
City Council - 12 copies
City staff- 8 copies
Based upon the comments of the aforementioned groups, citizens or environmentalists,
Consultant shall make revisions to the S&DRP and preliminary plans a maximum of three
times.
Item 4: Optional Services
Dam: (a) Consultant shall delineate the floodplain that would result if the existing dam were
to be breached during a 1:100-year storm. Conduct a hydrologic and hydraulic analysis of
the flood surface profile. Prepare a topographic plan view of the flood hazard area. Show
any impacts on the houses located downstream of the dam between the Preserve’s property
line and Page Mill Road.
(b) Prepare preliminary design and cost estimate for drainage trenches or other mitigation
system at areas of dam experiencing seepage (downstream toe).
2.Spillway: At the direction of City, Consultant shall evaluate the use of a buried culvert
which would be located alongside the existing spillway. High-volume or velocity flows be
diverted through the buried culvert with the existing spillway serving lesser capacity flows.
3.Creek: At the direction of the City, Consultant shall conduct work necessary to determine
the feasibility of creating a marsh area using either water diverted from the creek, or
10
January 8, 1997
reducing creek velocity so that a seasonal wetland area will form. Preliminary cost
estimates and plans shall be provided by Consultant.
4.Creek: At the direction of the City, Consultant shall perform up to three (3) alternate-year
hydraulic analyses of creek improvement alternatives using HEC-1 and HEC-2 computer
models. All storm flows will be based on the SCVWD’s rainfall data, which will be
obtained by Consultant. Show the design flood hydrograph, flood routing and flood hazard
areas. Include and discuss results in a report for review by the City and SCVWD.
Task II - Future Services (requires City Council approval)
Item 5: Prepare Final Designs (Plans, Specifications and Construction Cost Estimate)
If approved by Council, Consultant shall prepare final design plans, specifications and
estimates. Consultant fees and scope of work shall be negotiated after successful completion
of Items 1- 4.
Item 6: Provide Construction and Maintenance Services
If approved by Council, Consultant shall provide any combination of the following:
construction management, inspection, testing services, maintenance and deer protection for
plantings/seedings until such time as their root, systems are sufficiently established. Consultant
fees and scope of work shall be negotiated after successful completion .of Items 1- 4.
End
January 8, 1997
11
CONCRETE LINI
SPILLWAY (START
DAM CROSS-SECTION
(END)
CONCRETE lINED
SPILLWAY (END)
PAGE I OF 2
SCALE: NTS
CENTER LINE OF
CREEK BED
GRAVEL
ROAD
FIGURE
B00’ OF UPSTREAMCREEK NOT SHOWN
PAGE 2 OF 2
SCALE: NTS
CRE~K
Study & Design for Arastradero " ~e
Task Name I Durati
Notice to Proceed ld
Phase I 205d
Litereture Review 5d
Site Visit ld
Report 15d
Meeting #I !I d
Litera~re Review 5d
d
Dam ~ Od
Spillway 15d
Creek 28d
bleeting #4 ld
Regulatory Reviews 130d
Task .........................................2 - Trail Improvements ~d
Prelim. Design/Cost Est.~35d
Task 3 - S&DRP 65d
~20d
S&DRP Meeting #I ’ld
Revision #1 of S&DRP Draft/Submittal 5d
..................................................... Mooti. # !--
8&DRP Meeting #3 1 d
Final Revision of S&DRP ~10d
Task 4 - Optional Services :20d
Dam ........~ .....~I"i
.........................................................................Creek! ........"i~)"
Project Schedule - Phase I
Dam Embankment, Spillway an ,reek and Trail Improvements
1997
Jan]Feb[ Mar I AprlMay I dun I dul Aug ] Sep Oct [ Nov [ Dec [ Jan [Feb[ Mar
2/3
2/3 /7
3/3 ~ 4118
5119 ~ 6113
6123 D 6/27
7/7 D 7/11
~7/28
~7/30
8/4 I~ 8/15
515 I~ 5/16
5112 13 5116
5/26 B 5/30
Project Schedule - Phase II
Study & Design for Arastradero {e Dam Embankment, Spillway an~_ Jreek and Trail Improvements
I Duratiask Name
,’otlce to Proceed ~1 d
’ha~e II 741d
Task 5 - Prepare Final Designs ;90(
Plans 90d
Specifications 90(
ConsLmction Cost Estimate
Inspection ;70d
Testing 70d
Maintenance Program :523d
)7 I 1998 I 1999 2000
atr 3 I err 4I atr 1 I Qtr 2 I Qtr 3 I Qtr 4 I Qtr 1 I Qtr 2 I Qtr 3 I Qtr 4 Qtr 1 Qtr 2 I Qtr 3 I Qtr 4
12/1 ~ 4/3
;
12/1 ~ 4/3
12/1 ~ 4/3
:
:
:
SCHEDULE OF CHARGES
PERSONNEL CHARGES
All professional and office rates subject to change annually effective January 1.
change annually effective March 1.
HOURLY RATE SCHEDULE
Professional Employees
Project Sp0mor
Chief Consulting Engineer
Project Manager
Project Engineer
Civil Engineer
All union personnel rates
130.00
160.00
120.00
95.00
90.00
Support Staff
CADD Support.
Word Processor
60.00
60.0O
Field Equipment Engineers’ or Engineering
Technicians’ Field Vehicle,
Testing and Communications
Equipment per hour 12.00
MISCELLANEOUS CHARGES
Miscellaneous telephone and reproduction costs are billed at a rate of 3 percent of the total
charges. Travel expenses and meals are billed at cost.
g:\users\wpc\forms\geosched.wat
07-07-95
Harza stimate of Services (’F ’eliminary)
Study and Design for Arastradero Lake Dam Embankment,
Spillway and Creek and Trail Improvements
Phase I
Task la - Field Investigation Report
SUBTOTAL=
Task lb - Hydrologic/Hydraulic Analyses
SUBTOTAL=
Task lc. Preliminary Design/Cost Est.
SUBTOTAL:
Task 2. Trail Improvements
SUBTOTAL=
Task 3 - S&DRP
SUBTOTAL=
"HARZA
TOTALS
$14,170
$~,400
$1~310
ESA
TOTALS
$2,950
$2,940
$7,350
TOTALS TASKS 1 - 3 = ~
Task 4 - Optional Services
SUBTOTAL= ~
TOTALS TASK 4 =
TOTALS TASKS 1 - 4 = ~.
TOTAL PHASE I ESTIMATE= ~
Notes:
1)Phase II.estimate will be provided when Scope is defined.
2)This estimate includes $5,000 for surveying services.
PALOALTO.XLS
12/18/96
I L,~.,’’+ B
04/01/97
I AFFIRMATIVE ACTION PROGRAM
SUMMARY OF PROGRESS OF 1995 AFFIRMATIVE ACTION PROGRAM
The Human Resources Manager conducted a review of the Company’s workforce to monitor
progress toward adequate representation of minorities and women in all job groups. While there
remain some job groups underutfllr.ed in our workforce, the Company’s affirmative action effort has
resulted in parity in a majority of our job groups. The Company’s workforce statistics for the period
January 1, 1995 through December 31, 1995 are as follows:
Total number of employees
Percent Women employees
Percent Minority employees
383
20.1
29.5
Harza Engineering Company in 1995 set an affirmative action goal of adding seventeen women in
the Management Category. Although our goal in the Management Category was not reached as
of December 31, 1995, progress was made toward this goal by hiring 8 women into the Professionals
Category. In the future, any employees promoted into the Management Category will come from
the Professionals Category. Harza ~ngineering Company continued to progress toward increasing
the number of women in our workforee during this annual reporting period. In the Professionals
Category, the Company hired twenty new employees during the period of which forty percent were
women. In our Technicians and Drafters Category, we set an affirmative action goal of adding four
minorities and five women. As a result of corporate downsizlng, no new employees were hired into
this category. Although twenty-four employees were terminated, less than thirty percent were
female and less than twenty-orie percent were minorities. We will continue to work with local
organizations and schools as a part of our strong commitment to hire qualified female and minority
candidates. It is also the Company’s policy to encourage and support professional development for
all employees, with female and minority staff members given fair and equal consideration for all
promotions and development opportunities.
Overall in 1995, the Company achieved positive progress toward increasing the number of women
and minorities in our workforce.
The following is a summary of hires, rehires, terminations, promotions, transfers, and applicants by
job category for women and minorities for the 1995 annual reporting period:
EEO 1 Management
1. Hires
2. Rehires
3. Terminations
4. Promotions
5. Transfers
6. Applicants
EEO 2 Professionals
1. Hires
2. Rehlres
3. Terminations
4. Promotions
5. Transfers
6. Applicants
EEO 3 Technicians & Drafters
1.Hires
2.Rehires
3.Terminations ’
.4.Promotions
5.Transfers
6.Applicants
EEO
1.
2.
3.
4.
5.
6.
5 Office & Clerical
Hires
Rehires
Termination ..............
Promotions
Transfers
Applicants
Total
in Job Total Percent Total Percent
Category Female Female Minority Minori.ty
¯7 1 14.2
49 11 22.4
25 1 4.0 7 28.0
24 7 29.1
11 2 18.2
20 8 40.0 5 25.0
2 1 50.0 1 50.0
48 11 22.9 13 27.0
26 4 15.3 5 19.2
13 3 23.0 4 30.7
88 40 45.5 22 25.0
3 -
24 7
3 2
6 4
29.1 5 20.8
66.6 1 33.3
66.6 3 .50.0
18 12 66.6
9 4 44.4
38 28 73.6
1 -
27 24 88.8
41 31 75.6
tl 61.1
5 55.5
2!55.2
I1 40.7
24 58.5
~OLlClE~ AAPLAN AAPLAN.~-4-
INTERNAL DISSEMINATION
Harza Engineering Company’s policy on equal employment opportunity is disseminated internally
in the following manner:
1.It is included in the Company’s Employment Guidelines.
It is published in the Company’s newsletter, annual report, and in other media.
Special meetings are conducted with management and supervisory personnel to explain the
intent of the policy and the individual responsibilities required for effective implementation.
Special meetings are conducted with all other employees to discuss the policy and explain
individual employee responsibilities to the principle of equal employment opportunity.
5.It is discussed thoroughly during employee orientation.
6.It is posted on Company bulletin boards.
When employees are featured in Company publications, both minority and non-minority,
men and women are pictured.
Employees are advised of the existence of the Company’s Affirmative Action Program and
such dements of the program that will enable them to avail themselves of its benefits.
EXTERNAL DISSEMINATION
I-Iarza Engineering Company’s policy on equal employment opportunity is .disseminated externally
in the following manner:
All recruitment sources are informed verbally and in writing of the Company’s policy and
are requested to actively recruit and refer minorities and women for all positions listed.
The equal employment opportunity clause is incorporated in all purchase orders and
contracts covered by Executive Order 11246, as amended, and its implementing regulations.
Prospective employees are informed, of the existence of the Company’s Affirmative Action
Program and such elements thereof that will enable them to avail themselves of its benefits.
When employees are featured in help wanted advertising, both minority and non-minority,
men and women are pictured.
o Appropriate minority and women’s organizations, community agencies, community leaders,
secondary schools, and colleges are notified of the Company’s policy in writing.
t Written notification of the Company’s policy is sent to all subcontractors, vendors, and
suppliers requesting ~ppropriate action on their part.
All openings for. jobs are listed with the State Employment Service.
8.The equal employment opportunity clause is incorporated in all employment advertising.
The federally required EEO poster is prominently displayed where applications are
accepted. The employment application reiterates this information.
RESPONSIBILITY’ FOR iMPLEMENTATION
President and Chief Executive Officer,
Responsibilities of the President and Chief Executive Officer include, but are not limited to:
1.Establish the Company’s Affirmative Action Program.
Review and approve annual goals and time tables and establish plans for attainment
of these goals.
3.Periodically review progress .relating to the achievement of Company goals.
4.Discuss Equal Employment Opportunity at meetings with management.
!
!
].
B.Equal Employment Opportunity/Affirmative Action Director.
Accountability for implementation of the affirmative action program rests with Paul T. Lambert,
EEO/Affirmative Action Director, and Jennifer A. Kohl, Human Resources Manager.
Responsibilities of the EEO/Affirmative Action Director include; but are not necessarily limited
to:
Prepare; the Affirmative Action Program, associated policy statements, and internal
and external techniques for eommunleation.
2.Identify equal employment opportunity problem areas.
Assist management in arranging solutions to equal employment opportunity
problems.
]K)LICIBS AAPLAN AAI’LAN.96 -7-
Implement and maintain audit and reporting systems that will:
Measure the effectiveness of the Company’s Affirmative Action Program,
Indicate need for remedial action, and
Determine the degree to which the Company’s goals and objectives are
attained.
!
Serve as liaison between the Company and local and minority organizations,
women’s organizations, and community action groups concerned with employment
opportunities of minorities and women.
Keep management informed of the latest developments in the entire equal
employment opportunity area.
’10.
Serve as liaison between the Company and enforcement agencies.
Conduct periodic audits of training programs and hiring and promotion patterns to
remove impediments to the attainment of the Company’s goals and objectives.
Conduct regular discussions with supervisors and employees to be certain the
Company’s equal employment opportunity policies are being followed.
Conduct periodic audits to ensure that the Company is in compliance in the
following areas:
The EEO policy statement and the required posters are properly displayed
in areas visible to applicants and employees.
All facilities maintained for the use and benefit of its employees are
desegregated both in policy and in use.
-8-
11.
c.Minority and female employees are afforded a full opportunity and
encouraged to partleipate in all Company sponsored educational, training,
recreational, and social activities.
Assist in creating an understanding with Department Heads that one criteria used
to evaluate their work performance is their equal employment opportunity efforts
and results.
12.Ensure Department Heads,are informed and held accountable for their responsibili-
ty to provide a workplace free of harassment.
C.Department Heads.
¯ Responsibilities of the Department Heads include, but are not limited to:
Assist in the identification of equal employment opportunity problem areas and in
the establishment of departmental goals and objectives.
Review the qualifications of departmental employees to ensure that minorities and
women are given full opportunity for transfers and promotions.
3.Provide career counseling for all employe.es.
JOB CATEGORIES
All positions within the Company are placed into one of the following Job Categories corresponding
to the categories on the federal EEO-1 form:
~0308
I)OI.~CIE~ AAPLAN AAPLAN.96 -9-
Management, (EEO 1)
These positions require professional personnel who set broad policies, exercise overall
responsibility for execution of Company policies, and direct individual departments or
special phases of the Company’s operations.
Professionals (EEO 2)
These positions require a college or university technical degree in an appropriate diselpline
from an accredited institution.
Technicians and Drafters (EEO 3)
These positions require a combination of basic seientlfic knowledge and manual skills which
can be obtained through approximately 2 years of post high school education, as is offered
in many technical institutes and junior colleges, or through equivalent on-the-job training.
Office and Clerical (EEO 5)
Includes all administrative and clerical type work regardless of level of difficulty, where the
aetMties are predominantly not manual, though some manual work is included.
JOB GROUPS
All personnel are classified into one of the following Job Groups for this program. The Job
Groups correspond to the Job Categories on the federal EEO-1 form, and personnel placement is
in accordance with the instructions for that form.
-10-
Job Category_ .
EEO 1 Management
EEO 2 Professionals
EEO 3 Technicians & Drafters
EEO 5 Office & Clerical
Job Group
Officers (EN9, EN8, FE8)
Associates (EN0, FE0)
Senior Engineers (EN7, FE7, EN6, FE6, EN5, FE5)
Engineers (EN4, FEA, EN3, FE3)
Junior Engineers (EN2, FE2, EN1, FE1)
Administrative Supervisor (AD1)
Administrative Professional (AD2)
Technicians (ET5, FT5, ET4, FT4, ET3, FT3,
~a’2, zr2, Ea:l,
Senior Drafters (DAD, DAC)
Junior Drafters (DAB, DAA)
Technical Assistants (ATO, FTO)
Clerical Production (AD3)
Office Support (AD4)
Job descriptions for our technical positions are modeled after those of the American Society of Civil
Engineers and the National Society of Professional Engineers, where appropriate, and are as
follows:
Job Group Professional Experience Requirement Exp_~rienee
EN1, FE1 Engineer entering profession with BS degree
or equivalent
EN2, FE2 Grade 1 + 1 year minimum experience or Engineer
entering profession with M.S. degree
EN3, FE3.Grade 2 + 2 years minimum experience, or
Registration (Licensed Engineer), or Engineer
entering profession witl~ PhD.
EN4, FE4
EN5, FE5
EN6, FE6
EN7, FE7,
Registration as a Licensed
Registration as a Licensed
Registration as a Licensed
Registration as a Licensed
Registration as a Licensed
Engineer
Engineer
Engineer
Engineer
Engineer
0 - 2 years
Over 1 year
Over 3 years
Over 4 years
Over 6 years
Over 10 years
Over 15 years
Over 15 years
--Active Employees
The following is a summary of our active employees as of December 31, 1995.
¯ Job Category. Employees
M F
EEO 1 Management 200 12
EEO 2 Professionals 65 23
EEO 3 Technicians &
Drafters
EEO 5 Office &
Clerical
Total
Percent of Total
Asian ~M F M F
38 2 8
11 5 5 1
American Total
Blac._...~k Indian Minori_~
M F M F
49
22
27 11 8 1 3 3 2 17
.,14 4! 2 5 4 5 1 8’
306 77 59 13 20 9 4 8
20.1
25
113
29.5
Hires
The following is a s.ummary of our 1995 hiring activities during the reporting period.
American
Job Cateogogogogogogogogog_0~Employees .Asian Hispanic Black Indian
M F MF M F MF M F
8 -
12 8 1 1 3
EEO 1 Management
EEO 2 Professionals
EEO 3 Technicians &
Drafters
EEO 5 Office &
Clerical
Total
Percent of Total
6 12
26 20
43.4
1 5 -1 1 3
2 6 3 1 1 3
Total
Minority.
11
16
34.7