HomeMy WebLinkAbout1997-04-28 City Council (14)4City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER
UTILITIES
DEPARTMENT:
AGENDA DATE: April 28, 1997 CMR:220:97
SUBJECT:Approval of Sole Source Consultant Services Contract with
Talavera & Richardson for Updating the Sewer System Planner
(SSP) Hydraulic Modeling Software with New Flow Rates.
REQUEST
This is a ~request for approval of a Contract with Talavera & Richardson in the amount
of $33,280 to update the Sewer System Planner (SSP) hydraulic modeling software.
RECOMMENDATIONS
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract, Exhibit A,
with Talavera & Richardson in the amount of $33,280 for updating the Sewer
System Planner (SSP) hydraulic modeling software with new flow rates.
POLICY IMPLICATIONS
The approval of this contract is consistent with existing policies.
EXE~ARY
The Utilities Wastewater group is currently using the Sewer System Planner (SSP) to
maintain the City of Palo Alto’s wastewater collection system and to perform hydraulic
modeling. Recently, flow monitoring of 7 manholes was performed, to obtain current
rainfall-dependent infiltration/inflow (RDI/I) rates. This data is needed for current and
future designs. Talavera & Richardson proposes to analyze five weeks of flow and
rainfall.data. The results of this analysis will provide information for revising the RDI/I
CMR=220:97 Page 1 of 9_
rates developed as part of the City’s 1988 Sewer Master Plan. The revised rates then
will be used to update the SSP hydraulic model, and to check and update projected
peak flows, capacity constraints, and relief pipe requirementsfor a current ClP project.
design. The results of this analysis will also be used to perform a limited update of the
City’s 1988 Sewer Master Plan.
SSP was created by Camp Dresser & McKee (CDM) in 1988. CDM no longer markets
nor supports the SSP software. Talavera and Richardson (T&R) developed this
software package when they were employed by CDM. They have since formed their
own consulting firm. T&R submitted an estimated cost of $33,280 to perform the
analysis of the flow and rainfall data and to provide a limited update of the City’s Sewer
Master Plan. The scope of service required for this contract is very specialized.
Therefore, staff is requesting the approval to sole source this contract to Talavera &
Richardson. The expected length of the contract will be three months after the notice
to proceed is issued.
FISCAL IMPACT
Funds for this project are included in the FY 1996-97 Capital Improvement Program budget
for Wastewater Collection System RehabilitationlAugmentation.
ENVIRONMENTAL ASSESSMENT
Approval of this contract does not constitute a project under Califomia Environmental Quality
Act (CEQA); therefore, no Environmental Assessment is required.
ATTACHMENTS_
Exhibit A: Agreement
PREPARED BY:SILVIA SANTOS, EDWARD WU, and ROGER CWIAK
EDWA=.,~ J. M .IZ~[-~~’
Direct~of Utilities--
CI~ MANAGER APPROVAL:~; EM ARR SON
Assistant Ci~ Manager
CI~R=220:97 Page 2 of 2
To:
From:
Request for Sole Source
IVI O RAN DU
(Purchases in excess of $5,000)
Contract Administration
Ken Haskins, Manager
Utilities .Engineering/WGW
|DepartmentlDivision)
Edward Wu, Senior Engineer
(Requestor)
Sole Source Request For the Purchase of: ~Jpdating the ~ewer System Planner
.(SSP) Hydraulic Modeling Software with new flow rates.
Requested Supplier/Vendor: Talav~ra & RichardsoQ
Address: 3236 21st Street. San Francisco. CA. 94431
Contact: David Richardson .Phone 41-5-648-9486
PEID #Cost
Purchase Requisition #
JUSTIFICATION:
The following sole source justification has been written accordingto 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 Woducts/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
The Utilities Wastewat~erGroupis_currently using the Sewer System Planner or
:SSP .(previously known as the Sewer Network Analysis Program or SNAP) to
maintain the Palo Alton.s wastewater collection sy_~tem and for hydraulic modeling,
This software was develo.oed b.v Camp Dresser & McKee (CDM) in 1989, The
~taff needs_to update the SSP to incor~dated flow data in the
t.orm of infiltration/inflow (RDI/I) rates. The results of this analysis will be used to
perform a limited update of the City’s Sewer Master Plan, Staff has requested a
]3LLo&.e from Talavera & Richardson (T&R}. Talavera and Ricl~ardson dev~
.SSPsoftwar~p.ackage when they were employed byCDM. They have sinq.~
.formed their own consulting firm. CDM no longer markets or supports the SSP
software. T&R responded-with an estimated cost of thirty-three thousand, two
,- _ .i :’,, -- .ollars ($33,280.) See attached Exhibit"A" fo~
breakdown of the cost, The sco.~_p,_of service r .- ’ - ~ - ._" ".’- _-"
~,thestaffis.r .e_guestingtheapprov-- _ _-.-_.- -- -:- .-"-’ i.
Talaver=a & Richardson. The expected length of ¢ontract will be 3 mo.nths ~
t, be notice to pro~,~
Continued (Page Attached)
Depart ment Approval:
Requesting Division Head/SupervisorApproval of DePartment Head-. .~ ~~~~( .
Purchasing Approvals:/
Buyer .J’~-/Z’# Y---//~z,f " Date’.~/~’/~2 .~
Manager
Contract Administration ~v Date:
Date:~
Date:~
City Manager Approval:
Date:
(Required Over $5,000)
Sole Source Decisions: Attachment to PA-158 (Purchasing Manual - Rev.12/94)Page 2
Talave a
Environmental Engineering
February 24, 1996
3236 21st Street
San Francisco, CA 94131
(415) 648-9486
Comt)ttter Consulting
Edward Wu
City of Palo Alto
250 Hamilton Ave
Palo Alto, CA 94301
Dear Mr. Wu:
This letter has been prepared to address the City of Palo. Alto’s desire to perform a limited update of the City’s
1988 Sewer Master Plan as it relates to the area tributary to the Amarillo Avenue project (CIP projects 3 & 4).
Included is a brief description of the data required and the tasks needed to update the Master Plan. A table
showing.associated cost is also attached.
Project Summary
Talavcra & Richardson proposes to analyze flow"and rainfall data for a maxim~m~ of seven flow meters and two
rain gauges. The iesults of this analysis will provide information for revising the rainfall dependent
infiltration/inflow (RDIfl) rates developed as pan of the City’s 1988 Sewer Master Plan. The revised rates then
will be used .to update the SNAP hydraulic model, and to determine projected peak flows, capacity constraints, and
relief pipe requirements. "
Data Required
As a prerequisite for revising RDI/I rates, sewer flow and rainfall data must be collected.. The following sections
describe the flow monitoring and rainfall data collection tasks.
Fiow Monitoring
Flow monitoring for the area tributary to the Amarillo Avenue projects (CIP projects 3 & 4) will begin as soon as.
possible and will continue for a minimum of three weeks. At the end of the three week metering period, flow and
rainfall data review to determine ff additional metering is necessary (metering maybe extended up to six weeks).
Flow data will be provided as average hourly flow (mgd) in an ASCII text file or acceptable spreadsheet format.
A total Of Seven flow meters will be installed throughout the Cityas follows: ..
1.MH 30-2-3 18" Diameter
2,.MH 38-3-8 15" Diametei:
3.MH 38-1-3 12" Diameter
4.MH 28-6-13 18" Diameter
5.MH 28-6-12 27" Diameter
6.MH 29-2-7 27" Diameter
7..MH 21-5-1 36" Diameter
Note that meters will be installed in the manhole’s outlet pipe.
Rainf~tll Data Collection
T~vo rain gauges will be installed for the duration of the flow metering. Rainfall data will be provided as total
hourly rainfall (in) in an ASCII text file or acceptable spreadsheet format.
These rain gauges will be located as follows:
1.On or near the Stauford University Campus
2.At the treatment plant
¯ Flow Analysis Tastes
Talavera & Richardson has identified the follo~ving tasks necessary in order to update the hydraulic model’s RDI/I
rates, update and run the SNAP model, and revise the capital improvement projects.
Task .1 - Flow Review
All flow data will be reviewed for all meters. All significant wet weather event will be ranked usingflowing
¯ criteria:
o Quality of flow data (including flow balancing of.upstream meters)
¯Quality of rainfall.data
-Level of surcharging
¯" Rainfall reborn period
The top two wet weather events captured during the flow metering period will be selected for flow analysis. This
analysis will determine base wastewater flow (BWF..), grotmdwater infiltration (GWI) rates~and rainfall depend~nt
infiltratiordinflow (RDITI) rates for all~subareas within the Amarillo Avenue tributary area¯
Task 2- BWF & GWI Analysis
A dry weather period will be selected for each meter. These dry weather flows will be used to determine average
base wastewater flow (ABWF), peakbase wastewater flow (PBWF), and to isolate RDI/I flows. Metered ABWF
and GWI will be compared to the those predicted in the 1988 Master Plan. (Preliminary analysis has suggested
that ABWF andGW’l will compare favorably.) The peaking factor (the ratio of ABWF to PBWF) will be plotted
against the ABWF and compared to the peaking factor curves (Figure 4,1) used in the 1988 Master.Plan, The City
will determine if the peaking curve used in SNAP needs to be revised.
Task 3 - Rainfall Analysis
Rainfall data will be analy~ed for all signitieant events. Return peried.will be computed for the t~vo selected
events. Composite design storms for both a 5 and a 20 year return period will be developed based on rainfall.
intensity charts.
Task 4 - RDI/I Analysis .-. ¯
The selected events will be decomposed (a process of isolating the RDI/I hy&ograph froni the tbtal metered fl0w).
and characterized (a progess of developing times to peak and recession constants for each of the three RDI/I flow
components).
The decomposition process will determine the shape of the hydr0graph and theRD//I volume as a percent of
rainfall volume (Rt) and the peak RDFI rate for each meter. These values wilt be compared to the peak RDI/I rates
curves (Figure 4-3) used in the 1988 Master Plan..
The characterization process will produce a synthetic hydrograph that closely matches’the metered hydro~aph
using three tfiangulareomponents..Each triangular component is based on an R (KDI/I volume), T (time to peak),
and K (recession constant) value. These R, T, and K characteristics will then be applied to synthetic 5 and 20 year
desig9 events to produce simulated hydro~aphs. The peak RDI/I rates will be determined from the simulated
hydrographs.
The results of the RDI/I analysis from these two methods will be presented to the City and RDI/I rates will be
revised as needed.
5 - Modeling
RDI/I rates will be updated in the SNAP model. Existing and fi~lure model runs will bc made for the area tributary
to Amarillo Avenue project for the 5 a.nd 20 year design storm.
6 - Capital Improvement Program Update
An updated table containing all capital improvement projects within the tributary area will be generated. This
table will use rite 1988 Master Plan criteria to determine the extent and the recommended relief size for each
project.
7 - Technical Memorandum
A technical memo describing in detail the analysis and conclusions of each flow analysis task will be written.
FLOW ANALYSIS TASK
Task 1 - FI0w Review
Task 2 - BWF & GWI Analysis
Task 3 - Rainfall Analysis
Task 4 - RDI/I Analysis
Task 5.- Modeling
Task 6 - CIP Update
Task 7 - Technical Memo
¯Meetings
TOTALS
Hours Cost
40 $3,200.
40 $3,200
24 . $1,920
.120 $9,600
80 $6,400
40 $3,200
40 $3,200
32 $2,560
416 $33,280
Please contact me ffyou have any questions or comments or would like further information.
Sincerely,
David K. Richardson, P.E.
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND.
TALAVERA & RICHARDSON
FOR PROFESSIONAL SERVICES
EXHIBIT A
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
TALAVERA & RICHARDSON, ~a California partnership, located at
3236 21st Street, San Francisco, CA 94431 ("CONTRACTOR").
RECITALS :
WHEREAS, CITY desires certain professional services
("Services"), as more fully described in Exhibit "A"; and"
WHEREAS, CITY. desires to engage CONTRACTOR, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing such Services, and
CONTRACTOR has offered to provide the Services on the terms and in
the manner set forth herefn;
NOW, THEREFORE, in considerition of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION i. "TERM
¯ 1.1 This Contract will commence-on the date .~of its-
execution by CITY. " The obligation of CONTRACTOR toperform the
Services will commence~in accordance with the time schedule set
forth in Exhibit "A". Time is of the essence of this Contract.. In
the event that the Services are not completed within the specified
time schedule on account of CONTRACTOR’s default, CITY’s city
manager will have the option of extending the time schedule for any
period of time. This provision will not preclude the recovery of
damages for delay caused by CONTRACTOR.
SECTION 2. QUALIFICATIONS, STATUS, AND DUTIES OF
CONTRACTO__~
-2.1 CONTRACTOR represents and warrants that it~ has the
~~and’~rofessionalqualificati0ns to furnish or cause to be
furnished the Services. CONTRACTOR further represents and .warrants
that the project director and every individual charged with the
perfo’rmance of the Services under this Contract are d~ly licensed
or certified by the State of California, to the extent such
licensing or certification is required by law to perform the
Services.
2.2 In reliance on the representation and warranty set
forth -in Section 2.1, CITY hires CONTRACTOR to’ perform, and
CONTRACTOR covenants and agrees that it will furnish or cause to be
furnished, the Services..
970324 syn 0071163
2.3 cONTRACTOR will assign ROBERT TALAVERA as :the
project director to have supervisory responsibility for the
performance, progress, and execution of the Services. If
circumstances~or conditions subsequent to the execution of this
Contract cause the substitution of the project director for any
reason, the appointment of.a substitute project director will be
subject to the prior written approval of the project manager.
2.4 CONTRACTOR represents and warrants that it will:
2.4.1 Procure all~ permits and licenses, pay all
charges and fees,, and give all notices which may be~necessary and
incident to the due and lawful prosecution of the Services;
2.4.2 Keep itself fully informed of all existing~and
future Federal, StaGe of California, and local laws, ordinances~
regulations, orders, and decrees which may affect those engaged or
employed under this Contract~ any materials used in CONTRACTOR’s
performance under this Contract, or the performance of the
Services;
2.4.3 At all times observe andcomply with, and cause
its employees and contractors (and consultants), if_~any~ who are
assigned to the performance of this Contract to observe and comply
with, the laws, ordinances,~ regulations, orders and decrees
mentioned above; and
2.4.4 Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders,-and decrees mentioned above
in relation to any plans, drawings, specifications or provisions of
this Contract.
2.5 Any reports, information, data or other material
given to, or prepared or assembled by, CONTRACTOR or its
contractors, if any, under this Contract will become the property
of .CITY and will not be made available to any individual or
organization byCONTRACTOR or its contractors, if any, without the
prior written approval of the city manager.
2.6 CONTRACTOR will provide CITY with five (5) copies
ofthe final report, if any, which may be required under this
Contract, upon completion and acceptance of each report by CITY.
2.7 If CITY requests additional copies of reports,
drawings, specifications or any other material which CONTRACTOR is
required to furnish in limited quantities in the performance of
the Services, CONTRACTOR will.provide such additional copies and
CITY will compensate CONTRA~TOR for its duplication costs.
2.8 CONTRACTOR will be responsible for employing or
engaging, all persons necessary~to perform the Services. All
contractors of CONTRACTOR will be deemed to be directly controlled
and supervised by CONTRACTOR, which will be responsible.for their
performance. If any employee or contractor of CONTRACTOR fails or
970324 syn 0071 i63 ¯ .
performance. If any employee or contractor of CONTRACTOR fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or contractor will be discharged immediately, from further
performance under this Contract on demand of the project manager.
SECTION 3.DUTIES OF CITY
3.1 CITY will furnish or cause to be furnished the
specified services set forth in Exhibit !~A" and such other
information regarding its requirements as may be reasonably
requested by CONTRACTOR.
3.2 The city manager will represent CITY for .al!
purposes under this Contract. ED WU is designated as the project
manager for the city manager. The project managerwill supervise
the performance, progress, and execution of the Services, and will
be assisted by SILVIA SANTOS, the project engineer.
3.3 If CITY observes or otherwise becomes aware of any
default in the performance of CONTRACTOR, CITY will use reasonable
efforts to give written notice thereof to CONTRACTOR in a timely
manner. ¯
SECTION 4 COMPENSATION
4.1 In consideration of the full performance of the
Services by CONTRACTOR, CITY will pay CONTRACTOR a total sum not
to exceed thirty-three thousand two hundred eighty dollars
($33,280)~ payable within ’ thirty (30) days of submission by
CONTRACTOR of its itemized billings, in triplicate, inaccordance
with the following fee schedule set forth in Exhibit."B". ~
SECTION 5., AUDITS
5.1 CONTRACTOR will permit CITY to ~audit, at any.
reasonable time during the term of this Contract and for three (3)
years thereafter, CONTRACTOR’s records pertaining to matters
covered by this Contract. CONTRACTOR further agrees to.maintain
and retain such records for at least three (3) years after .the
expiration or earlier termination of this Contract.
SECTION 6. INDEMNITY
6.1 CONTRACTOR agrees to protect, indemnify,.defend and
hold harmless CITY, its Council members, .officers, employees and
agents from any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of CONTRACTOR’s, its
officers’, agents’, subcontractors’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONTRACTOR in the
performance of or failure to perform its obligations under this
Contract.
3
970324 syn 0071163 "~
SECTION 7 WAIVERS
7.1 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 other term, covenant, condition,
provisions, ordinance or law, or of .any subsequent breach or
violation of the same or of any other term, covenant, condition,
provision, ordinance or law. The subsequent acceptance by either
¯ party of any fee or other money which may become due hereunder willnot be deemed to be a waiver of any preceding breach or violation
by the other party of any term, covenant, condition or provision of
this Contract or of any~applicable law or ordinance.
7.2 No payment, partial payment, acceptance, or partial
acceptance by CITY will operate as a waiver on the part of CITY of
any of its rights Under this Contract.
SECTION 8. INSURANCE
8.1 CONTRACTOR, at its sole cost and expense, will
obtain ~and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONTRACTOR.and its contractors, if any, but also,
with the exception of workers’ compensation, employer’s liability,
and professional liabilityinsurance, naming CITY as an additional
insured concerning CONTRACTOR’s performance under this Contract.
8.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Ratinq Guid~.ra~ings.of
~A:Xor higher which are admitted to transact insurance business in
the State of California. Any and all contractors of CONTRACTOR
retained to perform. Services under this Contract will obtain and
maintain, in full force and effect during the term of .this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
8.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval~ of CITY’S ~risk manager and will contain an
endorsement stating that ~the insurance is primary coverage and will
not be canceled or altered~by the insurer except after filing with
CITY’s~city clerk thirty (30) ~days’ prior written notice of such
cancellation or alteration, and that the City of Palo Alto is.named
as an additional insured -except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during~the term of this Contract with the city
clerk.
8.4 The procuring of such required policy orpolicies of
insurance will not be construed to limit CONTRACTOR’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
970324 syn 0071163
CONTRACTOR 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 91 WORKERS’ COMPENSATION
9.1 CONTRACTOR, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require~every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code~.and certifies that
it. will comply with .such provisions, as applicable, before
commencing the performance of the Services.
SECTION~ I0.
SERVICES
TERMINATION OR SUSPENSION OF CONTRACT OR
i0.i The city manager may suspend the performance of the
~Services, in whole or in part, ~or terminate this Contract, with or
without-cause, by giving thirty (30) days’ prior written notice
thereof to CONTRACTOR. Upon receipt of such notice, CONTRACTOR
will immediately discontinue its performance of the Services.
-i0.2 CONTRACTOR may terminate this Contract or .suspend
its performance of the Servicesby 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 orwithdraws its request forthe initiation
or continuation of the Services to be performed..
10.3 Upon such suspension or termination byCITY,
CONTRACTOR will be paid for the Services actually rendered to CITY
on or before the effective date of~ suspension or termination;
provided, however, if this Contract is suspended or terminated on
account of a default by CONTRACTOR, CITY.will be obligated to
Compensate CONTRACTOR only for. that-portion of the Services which
are of direct and immediate benefit to CITY, as such determination
may be made by the city ~manageracting in the reasonable exercise
of her discretion~
10.4 Upon such suspension or termination, CONTRACTOR will
deliver to the city manager immediately any and all. copies .of
studies, sketches,.drawings, computations, and other data, whether
or not completed, prepared by CONTRACTOR or its contractors, if
any, or given to CONTRACTOR or its contractors, if any, in
.connection with this Contract. Such materials will become the
property of CITY.
10.5 The failure of CITY to agree with CONTRACTOR~s
independent findings, conclusions, or recommendations, if the same
~are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONTRACTOR to fulfill it~ 9bligations under this Contract.
97032~. ~,,’n 0071163
SECTION Ii.ASSIGNMENT
ii.i This¯ Contract is for the personal services of
CONTRACTOR, therefore, CONTRACTOR will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest.in or to the same or any part thereof without the prior
written consent of CITY. A c0nsent to one assignment will not be
deemed to be a- consent to any subsequent assignment. Any
assignment made without the approval of the city manager willbe
void and, at the option of .the city manager., this Contract may be
terminated. ThisContract will not be assignable by operation of
law.
SECTION 12. NOTICES
12.1 All notices ~hereunder will be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONTRACTOR: Attention of the project director
at the address of CONTRACTOR recited above
SECTION 13. CONFLICT OF INTEREST
13.l.In accepting this Contract, CONTRACTOR covenants
that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
13.2 CONTRACTOR further .covenants that, in the~
performance of this Contract, it will not employ any contractor or
.person having such an interest. CONTRACTOR certifies that no
person who has or 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 ofCalifornia.~ -
SECTION 14.NONDISCRIMINATION
14.1 As set forth in the Palo Alto Municipal~ Code, no
discrimination will be made in the employment of any person under
this Contract because of the age, race, color,.national origin,
ancestry, religion, disability, sexual preference or gender of that
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONTRACTOR agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D". ..
970324 syn 0071163
6
14.2 CONTRACTOR agrees that each contract for services
with an independent provider will contain a provision substantially
as follows:
"[Name of Provider] will provide CONTRACTOR
with a certificate stating that. [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; that[Name of
Provider] .will pursue an affirmative course of
action as required by the Affirmative Action
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."
14.3 If CONTRACTOR ¯ is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive orde~ in the performance of this Contract, it will be in
default of-this Contract. ~Thereupon; CITY will havethe power to
cancel or suspend this Contract, inwhole.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. acts of
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.
14.4~If CONTRACTOR is .in default of the nondiscrimination
provisions of this Contract. or the Affirmative Action .Guidelines
pertaining to this Contract, CONTRACTOR 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 CONTRACTOR the sum of two hundred fiftY
dollars ($250) for eachcalendar dayduring which CONTRACTOR is not
in compliance with this provision as damages for bre~ch of
contract, or both.
SECTION 15. MISCELLANEOUS PROVISIONS
15~.I-CONTRACTOR~ represents and warrants that it has
knowledge of the requirements of the Americans with Disabilities
Act of 1990, and the Government Code and the Health and Safety Code
of the State of California,.relating to access to public buildings
and accommodations for disabled persons, and relating to facilities
for disabled..persons. CONTRACTOR will comply with or ensure by its
advice that compliance with such provisionswill be effected in the
performance of this Contract.
15.2 This Contract will be governed by the laws of the
State of California,-excluding its conflicts of law.’
970.324 syn 0071.163
7
15.3 In the event that an action is brought, the parties
agree that trial of such~action will be vested exclusively in the
’state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California,
15.4 The prevailing party in any action brought to
enforce the provisions of this Contract may recover its reasonable
costs and attorneys~,~fees expended in connection with that action.
15.5 This document represents the entire and integrated
agreement between the parties and supersedes all prior negotia-
tions, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is
signed by the parties.
15.6 All provisions of this Contract,-.whether covenants
or conditions, will be deemed to be both covenants and conditions.
15.7 The. covenants, terms, conditions and~provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and contractors, as the case
may be,-of the parties.~
15.8 If a court of competent jurisdiction finds or rules
thatany 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.
15.9 All exhibits referred to in this Contract and any
addenda, appendices,~ attachments,~and schedules which, from time
to time, may ~be referred to’in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
15.10 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
15.11This 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’withou£ 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 onlyappropriated for a portion of
the. fiscal year and ’funds ~ for this. Contract. are no longer
~available. This Section 15.11 shall take precedence in the event
of a conflict with any other covenant, term, condition, or
provision of this Contract.
970324 syn 0071163
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
Assistant City Manager
Director of Utilities
TALAVERA & RICHARDSON
Its:
Taxpayer’s I.D. No. 94-39.13413
Deputy City Manager,
Administrative Services
Risk Manager
Attachments:
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF SERVICES ANDTIME SCHEDULE
FEE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
9
CERTIFICATE OF ACKNOWLEDGEMENT
(Civil Code § i189)
STATE OF )) ss.
COUNTY OF )
On ,1997, before me,,
a Notary Public in and for said County and State,. personally
appeared , personally known to me
or proved to me on the basis of ’satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of. which the Person(s) acted, executed the instrumen.t.
WITNESS my hand and official seal.
Signature of Notary Public
I0
970324 ~/n 0071163 ’~ "
Exhibit A
Scope of Services
Flow Analysis Tasks
Talavera & Richardson has identified the tbllowing tasks necessary in order to update the hydraulic model’s RDI!I
rates, update and run the SNAP model, and.revise the capital improvement projects.
Task 1 .- Flow Review
All flow data will be reviewed for all meters, All significant wet weather event will be ranked using flowing criteria:
Quality oirflow data (includiug flowbalancing of upstream meters)
Quality ofralnfall data
Level ofsurcharging
Rainfall return period
The top two wet weather eventscaptured during the flow meteringperiod will be selected for flow analysis. This
analysis will determine base wastewater flow (BWF). groundwater infiltration ~GWI) rates, and rainfall dependent
infikratiordinflow (KDI/I) rates for all subareas within the Amarillo Avenue tributary area.
Task 2 ~ BWF & GWI Analysis
A dry weather period will be selected for each meter. These dry weather flows¯ will be tlsed io determine average-
base wastcwater flow (ABWF), peak base wastewater flow (PBWF), and m isolate RDi/lflo~s.~. Metered ABWF
and.GWl willbe compared to the those predicted in the ! 988 Master Plan. (Preliminary analysis has suggested that
ABWF andGWl will compare favorably.) Th~ peaking factor (the ratio ofABWF t.o PBWF) will be plotted against
the ABWF and compared to the peaking factor curves (Figure 4-1) used in the 1988 Master Plan. The City will
determine lithe peaking curve used in SNAP needs to be revised.
Task 3 - Rain fall Analysis
Rainfall data will be analyzed for all significant events. Return period will be computed for the t~vo selected events.
Composite design storms for both a 5 and a 20 year return period will be developed based on rainfall intensity charL’~.
Task 4 - RDI/I Analysis ,.
The selected events will be decomposed (a process of isolating the ROl/l hydrograph from the total metered flow)
and characterized (a process of developing times to peak and.recession constants for each of the three RDUI flow
components).
The decomposition process Will determine the shape of the hydrograph and the RDLq volume as a percent o~ralnfall
volume (RQ ~d the peak RDI/! rate for each meter. These values will be compared to the peak RDI/!.~tes ~urves
(Figure 4-3) used in the 1988 Master Plan.
The chm’acterization process will produce a s3mthetic h)’drograph that ctosely matches the metered hydrognsph using
three ~a.ngular components. Each triangular component is based on an R (RD[/I volume), T (time to peak), ~nd K
¯ (recession constant) value. These R,T, and K characteristics will then be applied to s~theti¢ ~ and 20 ),ear de.signevents to produce simulated hydrograpEs. The peek RD|/I rateswill be determined from the simulated h),dro~aphs.
The results of the RDi/! anal~sis from these ~o methods will be pre~ented to the Cit~ and RD~q ra~e~ ~ill be zevised
¯ ~ needed.
5- Modeling
RDi/I rates will be updated in the SHAP model. Existing and future model runs will be made for the area tributary
to Amarillo Avenue project for the ~ and 20 year design storm.
6 - Capital Improvement Program Update
An updated table containing all capital improvement projects within the tributary area will be generated. This table
will use the ! 988 Master ,Plan criteria to determine the extent and the recommended relier’size for each projecz.
7 o Report
A report describing in detail the analysis andconclusions of each flow analysis task ~vill be ~itxen.
Exhibit B
Fee Schedule
FLOW ANALYSIS TASK
Task | - Flow Review
Task 2 - BWF & GWI Analysis
Task 3 : Rainfall Analysis
Task 4 - RDI/i Analysis
Ta~k 5 - Modeling
Task 6 - CIP Update
- Task 7 - Technical Memo
Meetin[[s
TOTALS
Hours Cost
40 ¯ $3,200.
40 $3,200
24 $1,920
12O $9,600
80 $6,400
40 $3,200
40 $3,200
32 $2,560
416 $33,280
Exhibit "C"
ItflS CERIIFICAIE IS [5SUED~$-~-MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS C~T~CATEj DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE ~FORDED BY THE
~ POUCIES BELOW.
C~IES AFF~D~G COV~AGE
EXHIBIT "D"
CERTI FICATION of NONDISCRIMINATION SECTION 410
.Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto,
the firm and individuals listed below certifies that they do not discriminate in employment with
regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference;
that they are in compliance with all Federal, State and local directives and executive orders
regarding nondiscrimination in employment; and that they agree to demonstrate positively and
aggressively the principle of equal opportunity in employment.
The Bidder agrees specifically:
1.0 To establish or observe employment policies
opportunities for minority persons at all job levels.
which affirmatively promote
2.0 To-communicate this policy to all persons concerned, including all employees,
outside recruiting services, ~specially those serving minority communities, and to
the minority communities at large.
3.0 To’take affirmative action steps to hire minority employees within the organization.
4.0 To be knowledgeable of the local, state,¯ and federal laws and regulations
concerning affirmative action policies and provide opportunities for employees.¯_../Firm: ] ~ /n
Signature - ..... . .. - ’
Please Include any additional information available regarding equal opportunity employment
programs now in effect within your company.
(Please attach additional pages If necessary)
CITY of PALO ALTO: Non-discrimination (6/94)
END OF SECTION
SECTION 410~1