HomeMy WebLinkAbout1996-05-28 City Council (18)TO:
FROM:
AGENDA DATE:
SUBJECT:
City
City of Palo Alto
Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: UTILITIES
May 28, 1996 CMR:262:96
Approval of Contract with R.W. Beck, Inc. for Consulting Services
- Electric Distribution System
REQUEST
This is a request for approval of a consultant contract with R.W. Beck, Inc. for professional
engineering consulting services in an electrical distribution system study.
RECOMMENDATIONS
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with R. W. Beck,
Inc. in the amount of $69,500 for professional engineering consulting services in an
electrical distribution study.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract to cover additional but unforeseen work which may
develop during the project. The value of the change orders shall not exceed $7,000.
Approve waiver of City Policy and Procedure 1-10, which requires consultant
services in excess of $25,000 to be referred to Council standing committees prior
to consultant selection.
CMR:262:96 Page 1 of 5
POLICY IMPLICATIONS
This contract does not represent any change to existing policies.
EXECUTIVE SUMMARY
PROJECT DESCRIPTION
This contract is for R.W. Beck, Inc. to provide engineering services to perform reviews of
the City’s existing electrical distribution system including assessment of the City’s existing
electric distribution engineering, construction, and operational practices. As part of this
effort, R.W. Beck, Inc. will determine cost effective and reasonable improvements to the
current design criteria, develop applications for devices which could improve service
reliability, determine cost effective improvements to the City’s standard practices, prepare
standard sketches, and summary reports, and make presentations to the Utilities Department
staff..
This project was initiated by the recommendations submitted by a 1995 Underground Task
Force comprised of Utility Engineering and Operations Division personnel. The
Underground Task Force was established to investigate the rising number of underground
outages and to make recommendations on how to improve service reliability. As part of a
multi-faceted plan to improve service reliability to the electric distribution underground
system, the Task Force recommended both short-term and long-term action items. The
short-term items consisted of increase in the number of infrared inspections of the
underground system, implementing an oil switch replacement program, and developing a
formal underground maintenance program. The major long-term action item recommended
by the Task Force was the hiring of a consultant to assist engineering in developing new
methods, plans, design criteria and standards.
The Task Force recommended the use of consultant services in order to provide an
independent review of design and construction methods currently in use at the City.
Utilization of a consultant will allow the Electric Utility to expedite changes in the design
criteria which will improve the service reliability of the existing distribution system. In
addition, a consultant will provide the Electric Utility Division with an unbiased comparison
between the City’s design and construction methods and the practices of other municipal and
privately owned utilities.
The consultant will assess switching configurations to determine what improvements may
be reasonable and cost effective to increase the service reliability to the City’s customers.
CMR:262:96 Page 2 of 5
An evaluation will be made of different types of underground system configurations
commonly used by other utilities. The evaluation will consider the benefits and restrictions
of each type of system, and mixes of system types. Along with the evaluation, consideration
will be made of the use of loop feed transformers.
The consultant will review existing fault isolation devices in use by the City and develop
recommendations for applications of additional types of devices. Recommendations will be
developed for the cost effective application of additional types and quantities of fault
interrupting devices that provide the desired level of reliability.
The consultant will determine what cost effective improvements should be made to the City’s
standard practices with regard to substructure design. An evaluation of the substructure
design practices used by the City for electrical distribution will be made and the result of the
responses from other utilities will be integrated into the evaluation. In addition, a planning
level cost estimate will be prepared for different types of substructures in order to determine
the cost differentials and benefits of using substructures of different types and sizes.
The consultant will review existing City equipment standards and prepare supplemental
sketches for equipment installation. Reviews will be made of equipment presently in
common use by the City, and devices that have not been used in the past in large quantities.
SELECTION PROCESS
Request for proposals for Consulting Services for an Electric Distribution System were sent
out to four engineering consulting firms on December 15, 1995. Bids were received from
the four qualified consulting firms on January 29, 1996, as listed on the attached bid
summary (Attachment A). Bids ranged from a high of $85,310 to a low bid of $43,360.
A selection committee consisting of Utility Engineering and Operations Division personnel
reviewed the proposals. The committee carefully reviewed each farm’s qualifications relative
to the following criteria: a combination of experience relating to the requirements, the fees,
the apparent understanding of the RFP, the ability to respond in a timely manner, and the
completeness of the proposal.
R.W. Beck, Inc. was selected because of its recent experience with related projects and
understanding of the RFP. In addition, R. W. Beck has proposed to complete the work in
substantially less time than the other proposals. The City has recent successful experience
with R.W. Beck as a consultant, and staff received all positive reference checks. The two
other apparently lower proposals from Vectra and Power Engineers required significantly
CMR:262:96 Page 3 of 5
greater City staff involvement for the consultants to complete their tasks, thus adding
overriding costs to the project. For these reasons, staff recommends R.W. Beck, Inc..
In order to allow the Council to participate in consultant selection should they desire, City
Policy and Procedure 1-10 requires projects in excess of $25,000, which are developed after
the adoption of the budget, to be placed on the Consent Calender of a Council agenda,
recommending referral to one of the standing committees. Although the amount of this
contract is in excess of $25,000, staff is requesting a waiver of this policy for the following
reasons:
Staff wishes to expedite design and construction improvements for the electric
distribution underground system. The completed report will provide staff with cost-
efficient design options which will improve the level of service reliability and safety
for future CIP projects. Reduced service reliability levels and customer satisfaction
due to prolonged and fi’equent outages on the electric distribution underground system
need to be addressed and corrected as soon as possible. Staff has already
implemented short-term corrective measures to improve the situation. The analysis
and recommendations provided by the study will allow staffto implement design and
construction improvements which will have both short-term and long-term benefits
for the electric utility customers. Also, with electric deregulation and competition in
the near future, an improved service reliability level can prove beneficial in retaining
existing customers and attracting new customers.
The recommendation by the Task Force for a consultant came after the formal review
period in the budget process. This recommendation was made in mid-year in order
to obtain ’information which could be incorporated into next year’s Capital
Improvement Plan.
FISCAL IMPACT
Funds for this project are available in the Electric Utility budget.
ENVIRONMENTAL ASSESSMENT
The services to be provided by R. W. Beck do not constitute a project under the California
Environmental Quality Act, therefore, there is no Environmental Assessment required for
this contract.
CMR:262:96 Page 4 of 5
ATTACHMENTS
Exhibit "A": Bid Summary
Exhibit "B": Contract
PREPARED BY: Jim Thompson and Sam Zuccaro.
DEPARTMENT HEAD REVIEW:
Director of Utilities
CITY MANAGER APPROVAL:
CMR:262:96 Page 5 of 5
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CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
R. W. BECK, INC.
FOR CONSULTING SERVICES
This Contract No.is entered into ,
by and between the CITY OF PALO ALTO, a chartered city and a
municipa! corporation of the State of California ("CITY"), and
R. W. BECK, INC., a Washington corporation located at 2101 Fourth
Avenue, Suite 600, Seattle, Washington 98~21-2375 ("CONSULTANT").
RECITALS:
WHEREAS, CITY desires certain professional consulting
services ("Services") and the preparation and delivery of, without
limitation, one or more sets of documents, drawings, maps, plans,
designs, data, calcuiations, surveys, specifications, schedules or
other writings ("Deliverables") (Services and Deliverables are,
collectively, the "Project"), as more fully described in Exhibit "~’;
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 Contract 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 toproceed, CONSULTANT will commence
work on the initial and subsequent Project tasks in accordance with
the time schedule set forth in Exhibit "A". Time is of the essence
of this Contract. In the event that the Project is not completed
within the time required through any fault of CONSULTANT, CITY’s
city manager will have the option of extending the time schedule
for any period of time.
SECTION 2.SCOPE OF PROJECT;CHANGES & CORRECTIONS
2.1 The scope of Services andDeliverables constituting
the Project will be performed, delivered or executed by CONSULTANT
under the phases of the Basic Services as described below.
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 9equired of
CONSULTANT. In the event that such changes are ordered, subject to
the approval of CITY’s City Council, as may be required, CONSULTANT
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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.
SECTION 3.
CONSULTANT
QUALIFICATIONS,STATUS, AND DUTIES OF
3.1 CONSULTANT represents andwarrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services and Deliverables. 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 licensing
or 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
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 KEVIN O’CONNOR as the project
director to have supervisory responsibility for the performance,
progress, and execution of the Project. KEVIN O’CONNOR will be also
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 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;
3.4.2 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
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3.4.3 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 three (3) copies
of any documents which are a Dart 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.
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, ±f so authorized,
in writing, by CITY:
3.10.1 Performing any other Additional Services that
may be agreed upon by the parties subsequent to the execution of
this Contract; and
3.10.2 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.
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SECTION 4. DUTIES OF CITY
4.1 CITY will 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 Deliverables and each phase of work performed by
CONSULTANT. CITY’s estimated time of review and approval will be
furnished to CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
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. SAM ZUCCAR0 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 JIMTHOMPSON, 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 Sixty-Nine Thousand
Five Hundred Dollars ($69,500). The amount of compensation will be
calculated in accordance with the schedule set forth in
Exhibit "A", 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 approva! is not obtained by CONSULTANT.
5.1.2 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work of 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, 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
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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 as
set forth in Exhibit "A", 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 al! Deliverables, including, without limitation, reports
which have been approved by the project manager°
5.3 If the CITY fails to pay undisputed invoices amounts
within 30 days after delivery of invoice, additional charges shall
become due and payable at a rate of 1-1/2 percent per month (or
maximum percentage allowed by law, whichever is lower) on the
unpaid amounts. Any financing charges due from the CITY on past
due invoices are outside any maximum billing amounts established
for this Agreement and shal! not be included in calculating the
maximum. All payments shall first be credited against any accrued
interest. If the CITY fails to pay undisputed invoiced amounts
within 60 days after delivery of invoice. CONSULTANT, at its sole
discretion, may suspend work hereunder without incurring any
liability or waiving any right established hereunder or by law.
SECTION 6.ACCOUNTING, A~ITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services pertaining to the Project will be prepared, maintained,
and retained by CONSULTANT in accordance with generally accepted
accounting principles and will be made available 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 additional 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°
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,
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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.
7.2 The total, aggregate liability of the CONSULTANT to
the CITY for any and al! claims, whether caused by negligence
errors, omissions, strict liability, breach of contract, or
contribution or indemnity claims based on their party claims, shall
not exceed proceeds of insurance required to be maintained under
this Agreement.
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 which may 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.
SECTION 9.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 "B",
insuring not only CONSULTANT and 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 Rating Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all consultants of 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
additiona! insured under such policies as required above.
9.3 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
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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 ofsuch insurance will be kept on
file at all times during the 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.
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°
SECTION ii TERMINATION OR SUSPENSION OF CONTRACT 0R
PROJECT
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 wil! 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 wil! be compensated for the Basic Services and
Additional Services performed and Deliverables received and
approved prior to receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Project is resumed after it
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary, approva! of CITY’s City Council. If this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT 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.
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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, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
11.4.2 For approved 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 fulfill 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.
SECTION 13.NOTICES
13.1 All notices h~reunder will be given, in writing,
and mailed, postage prepaid, by certified mail, addressed as
follows:
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To CITY:Office of the City Clerk
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 Municipal Code, no
discrimination will bemade 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 "C".
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
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."
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9
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. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of this Contract.
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 materia! 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
16.1 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.
16.2 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.3 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.
16.4 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.
16.5 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.
16.6 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
960515 syn 0070976
10
16.7 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.
16.8 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 wil! remain in full force and effect.
16.9 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 wil! be
deemed to be a part of this Contract.
16.10 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.
16.11 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate 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 fisca! year and funds for this Contract are no longer
available. This Section 16.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
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 Utilities
R. W. BECK, INC.
Taxpayer’s I.D. No. 91-0883905
960515 syn 0070976
11
Deputy City Manager,
Administrative Services
Risk Manager
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
SCOPE OF SERVICES
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
960515 syn 0070976
12
CERTIFICATE OF ACKI~OWLEDGM~%~T
(Civil Code ~ 1189)
STATE OF )) ss.
COUNTY OF )
On , 1996, before me,,
a Notary Public in and for said County and State, personally
appeared , personally known to me
or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
960515 syn 0070976 13
April 8, 1996
City of Palo Alto, California
Electric Distribution System Study
Attachment I
SCOPE OF SERVICES
A. GENERAL
R. W. Beck will provide engineering services to perform reviews of the existing electrical
distribution system of the City of Palo Alto including assessment of primary distribution
feeder switching configurations, evaluation of fault isolation devices and their applica-
tion, review of substructure design practices, review of substation oil containment stan-
dard designs, preparation of additional standard drawings for vault applications, and as-
sessment of equipment standards. As part of this effort R. W. Beck will prepare standard
sketches, prepare summary reports, and make presentations to the City’s staff and man-
agement.
DETAILED SCOPE
The Etectric Distribution System Study project has been divided into eight tasks with the
following scope of services:
Task 1.0 Field Review and Data Collection
Some initial system data have been obtained, however, additional system data will be required
from Palo Alto for development of the Electrical System Study.
1.1 Initial Conference Call - Initiate project kick-off with a conference call including
key project personnel.
1.2 Distribution System Data - Collect data on substation arrangement, feeder
configuration, existing switching arrangements, and substructure design stan-
dards, from City staff based on a request for data prepared by R. W. Beck.
1.3 Field Review - Perforn’t a brief visual survey of the primary electric facilities of
Palo Alto by the project manager and one project engineer.
1.4 Staff Interviews - R. W. Beck will conduct interviews with key engineering and
electric operations employees in conjunction with the field reviews to ascertain
concerns or special priorities for the distribution system.
1.5 Records Review - Key members of the project team will review City furnished
records and data of the existing system and standards.
EXHIBIT A
Scope of Services
April 8, 1996
Page 2
Task 2.0 Primary 12.42"-kV Distribution Feeder Switchlng Configurations
To increase reliability to the City’s customers, an assessn-tent will be made of switching
configurations to determine what improvements may be reasonable and cost effective.
2.1 Distribution Drawing Review-Reviews of existing distribution drawings will be
made including one-line circuit diagrams and cable diagrams, and a representa-
tive number of the scaled plan views, in order to ascertain the City’s practices
with regard to placement of vaults, transformers and other equipment. Notes will
be made on the comparable use of main feeder runs, branches operating as sub
loops, and radial taps
2.2 Character of Loads - Observations will be made on the character of the loads,
such as large commercial and industrial, smaller mixed commercial and pre-
dominately residential areas.
2.3 Underground Configurations - An evaluation will be made of different types of
underground system configurations commonly used by municipal electrical utili-
ties, including fully looped systems, dual feed systems, main line with sub looped
branches, and radial taps without loop feeds. The evaluation will consider the
benefits and restrictions of each type of system, and mixes of system types.
2.4 Conversion to Looped Systems - Consideration will be made of the use of loop
feed transformers, and the potential of improving system reliability will be re-
viewed. Notes will be made on the conditions that would make it feasible to con-
vert existing radial branch lines to open looped sub feeds. Guidelines will be de-
veloped for standard approaches as to when looped systems should be used in-
stead of radial taps, and recommendations will be made for the development of
standard design drawings.
2.5 Equipment and Cable Reviews - Equipment types, such as submersible versus
padmounted, will be evaluated, along with the switching configurations. Cable
sizing, using standardized cable types and sizes, will be developed for each repre-
sentative switching configuration. The use of additional types of switching and
sectionalizing equipment not commonly used by the City will be evaluated, along
with the suitability of the equipment to each type of underground system con-
figuration.
2.6 Cost Benefit Analysis - Planning level cost estimates will be prepared for sample
switching config-urations in order to determine the comparative cost of the. po-
tential benefit in system reliability.
Scope of Services
April 8, 1996
Page 3
2.7
2.8
Feeder Configurations - Standard primary feeder configurations ;viii be devel-
oped based on the evaluation of the application of the different types of under-
ground distribution systems.
One-Line Diagrams - A series of example one-line diagrams with typical feeder
design will be developed for representative loop-feed, dual feed, and single radial
distribution systems. The suitability of use with residential, commercial and in-
dustrial areas, or mixes of areas, will be noted.
2.9 Service Guidelines - Written guideline will be developed for. appropriate cus-
tomer service connections. Basic guidelines will be prepared to address the rec-
ommended loading per distribution feeder and representative branches of a typi-
cal feeder based on configuration type.
Task 3.0 Fault Isolation Devices and Applications
Reviews will be made of the existing fault isolation devices in use by the City and recommen-
dations developed for application of additional types of devices.
3.1 Fault Isolation Devices - A review will be made of the types of fault isolation
devices in use by the City and the system configuration used.
3.9.Fault Interrupter Application - Recommendations will be developed for the cost
effective application of additional types and quantities of fault interrupting
devices that provide the desired reliability.
3.3 Standard Design Drawings - Standard sets of design drawings will be prepared
for underground feeders, or branches, serving residential, light commercial, and
commercial and industrial areas.
3.4 Application Guidelines - Guideline will also be developed for use of particular
fault isolation devices based on the projected feeder loading and number of cus-
tomers served. ’
3.5 Intermediate Review - Submit preliminary products of Tasks 2.0 and 3.0 to the City
staff for their review. Schedule conference call for discussion of the intermediate re-
sulks.
Scope of Services
April 8, 1996
Page 4
Task 4.0 Substructure Design Practices
Reviews will be made of the substructure design practices of the City and other utilities in order
to determine what cost effective improvements should be made to the City’s standard practices.
4.1 Utility Reviews - Interviews will be conducted with other California and west
coast utilities regarding the application of substructure vaults, manholes, and
ductbanks in the California geological area. Six utilities will first be interviewed
by telephone, with a follow-up review of requested documents depicting their
standard practices.
4.2 Service Life History - Comments on the service life history of different types of
structures, and specific brands will be solicited from the responding utilities.
Seismic considerations will be included with the interview questions of the utili-
ties also located in California.
4.4
Task 5.0
4.5
4.6
Design Practices Comparison - Evaluations of the substructure design practices
usedby the City for electrical distribution will made and the results of the re-
sponses from the other utilities will be integTa ted into the structural evaluation.
Cost Benefit Analysis - Planning level cost estimates will be prepared for different
types of substructures in order to determine the cost differentials and benefits of
using substructures of different types and sizes. The potential use of handholes in
place of full vaults will be included in the comparison.
Substructure Application - A report will be prepared summarizing the current
substructure design practices of the other utilities, the independent review by the
project team, and the recommended improvements to the existing practices of the
City.
Substructure Listings - Included as appendices to the report will be listings of
standard substructure types for both underground primary and secondary service
applications in common use by the interviewed utilities. The listings will include
specific vendor information, when furnished by the responding utility.
Substation Foundations Review
Reviews will be made of the City’s current practices for foundations and oil containment
structures.
Scope of Services
April 8, 1996
Page 5
5.1
5.2
5.3
Task 6.0
Substation Foundations - Brief structural reviews will be made of the typical
substation foundation standards in use by the City.
Oil Containment Structures - Evaluations will be made regarding the application
of the type of oil containment structures in use by the City, with consideration
given to the review of the suitability of different types of oil containment, such as
the use of oil-water separa tots.
Substation Structures Recommendations ,,viii be made regarding possible
modifications or improvements to the standard desig-n practices for substation
foundations and oil containment structures.
Equipment Standards
Reviews will be made of existing City equipment standards and supplemental sketches
prepared for equipment ins talla tion.
6.1
6.2
6.3
6.4 "
Task 7.0
Review of Equipment Standards - Copies will be obtained of the existing City
equipment standards to review for current practice. Comparisons will be made to
a variety of applicable standards, including some developed and modified over
time by R. W. Beck internally, standards used by other west coast utilities, and
selected sample standards proposed by qualified vendors.
Supplemental Equipment Review - Reviews will be made of equipment presently
in common use by the City, such as single-phase and three-phase padmount and
submersible transformers, and devices that have not been used in the past in
large quantities, such as submersible and padmount vacuum or SF6 switches.
Vault Cable Racking - Detail drawings will be prepared, based on suitable utility
standards, for cable racking in underground vaults.
Installation Standards - Standard drawings will be prepared, based on the
existing City drawing format, for installation of both submersible and padmount
switching equipment. Approximately six standard drawings will be required.
Final Reference Notebook
Palo Alto will be presented with a reference notebook that summarizes the recommendations
for improvements to the electrical distribution system.
Scope of Services
April 8, 1996
Page 6
7.1 Preliminary Reference - Prepare a preliminary notebook with recommendations
and sketches for review by the engineering staff. AII sketches and drawings will
be delivered in AutoCad release 12 format.
7.2
7.3
Review Trip - R. W. Beck will attend a review meeting at Palo Alto with the engi-
neering department staff to review the reference materials.
Final Materials - A final reference notebook will be produced that takes into con-
sideration the comments of the engineering staff.
Presentation of FindingsTask 8.0
An optional task would allow for presentations of the results of the consulting services.
8.1 Staff Reviews - Meetings will be held with the staff and management of the
engineering division.
8.2 Operations Presentation - Presentations will be made to the underground crews
in the operations division.
DELIVERABLES
3.
4.
5.
6.
7.
8.
9.
Request for data
Feeder configuration one-line dia~ams
Primary service guidelines
Cost benefit analysis summaries
Fault interrupter application standards
Substructure applica tion summa ties
Substation structure evaluations
Installation standard drawings
Reference notebook
D.ASSUMPTIONS
Circuit one-line dia~am files wil! be provided to R. W. Beck as computer files in
AutoCad format on diskette.
The data required for the initial reviews can be obtained readily from Palo Alto
and provided to R. W. Beck.
Scope of Services
April 8, 1996
Page 7
3.Information on major commercial customers, including their service
configuration, will be provided by Palo Alto.
E.SCHEDULE
Fo
From the date of a notice to proceed, field reviews and interviews will be
performed in 30 days, analyses will be completed in 60 days, and a preliminary
report with reference notebook will be completed in 75 days. Following a re-
view by Palo Alto engineering division staff, the final report will be delivered 15
days after receipt of comments. The specific schedule for the individual tasks
can be adjusted depending upon Palo Alto’s requirements.
COMPENSATION
R. W. Beck proposes to furnish engineering services to the City of Palo Alto for
electric distribution system consultant services as described in the scope of serv-
ices above for a fixed fee of $69,500. The following is our estimate of the effort
per task.
Labor
Task Description Revenue
1
2
3
4
5
6
7
8
Field Review and Data Collection 6,320
Feeder Switching Configurations 14,880
Fault Isolation Devices 7,970
Substructure Design Practices 10,380
Substation Foundation Review 5,240
Equipment Standard Details 8,720
Final Reference Notebook 5,890
Presentation of Findings 2,600
Total Labor $62,000
Expenses 7,500
TOTAL $69,500
$23,000 payable 30 days after notice to proceed.
$23,000 payable 60 days after notice to proceed.
$23,500 payable upon delivery of final report.
00-00000-60211-2300
O:\O’ ConnorkKTOC212.doc
Marsh & MoLenna~, Inco.rporated
Marsh& MoLen~a~. B~ilding720 Olive Way
Seattle, WA 90101
Gloria J. Iwata
R.W. ~FECK, INC.2~01 FOU~T~ A~NU~
SUITE 600
SEATTLE, ~A 98121-2375
31320
COMPANIES AFFORDING COVERAGE
~TIOI~AL SURETY CORP
FUND INSURANCE CO.
THIS IS TO CERTIFY THAT POUCIES OF INSUI~C~ LIS~ HEREIN HAY~ B~N ISSUE0 TO TH~ INSURED N.~M~.O HEREIN FOP, THE P~UCY PERIOD IN01CATED.
NO’TWITHSTANDING ANY R~QUIR~MENT, T-c’c’c’c’c’c’c’c’c~M Of~ CONDmON OF ANY CONTRACT C~ OTHF.R DOCUMENT WITH RESPECT TO WHICH THE C~RTIFICATE MAY
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~~~ 80624269
MXX 80624269
DWC 80677640
(SEE REVERSE
CF_RTIRCATI= HOL’DE~I
City of Pale Alto ~tilities
Dept./Attn: Sam 2ucaro
clwic C~nter, First Floor
250 Hamilton AvenuePale Rite, CA 94301
7/oz/~6 $2000000
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EXHIBIT B
CERTIFICATION of NONDISCRIMINATION SECTION 410
_Consu!tant Services - Electrica! Distribution.S.vs~em - RFP #820ar8
_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 which affirmatively promote
opportunities for minority persons at all job levels.
2.0 "To communicate this policy to all persons concerned, including all employees,
outside recruiting services, especially those serving minodty communities, and to the
minority communities at large.
To take affirmative action steps to hire minority employees within the organization.
To be knowledgeable of the local, state, and federal laws and regulations Concerning
affirmative action policies and provide opportunities for employees.
1/26/96£eck, Inc. DATE:
Title of Officer Signing: Diz-ector of Human Resou_rces
Signature O-..~, ..... 1 ..~W"~,~ L"...--z
Please include any additional information available regarding
programs now in effect within your company.
equal opportunity employment
(Please attach additional pages if necessary)
"CITY of PALO ALTO: Non-discrirninaSon (6/94)
END OF SECTION
SECTION 410-1