HomeMy WebLinkAbout1996-09-30 City Council (6)TO:
FROM:
C ty
HONORABLE CITY COUNCIL
CITY MANAGER
City of Palo Alto
Manager’s Report
1
DEPARTMENT:Utilities
AGENDA DATE: September 30, 1996 CMR:410:96
SUBJECT:Approval of Consultant Contract with Kennedy/Jenks Consultants,
for design of Amarillo Avenue & Embarcadero Way Relief Sewer
Project
REQUEST
This is a request for approval of a consultant contract with Kennedy/Jenks Consultants,
Inc. in the amount of $ 301,000 for consultant services to design the Amarillo Avenue
and Embarcadero Way Relief Sewer Project.
RECOMMENDATIONS
o
Approve and authorize the Mayor to execute the attached consultant contract with
Kennedy/Jenks Consultants, Inc. in the amount of $ 301,000 to design the
Amarillo Avenue and Embarcadero Way Relief Sewer Project.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the consultant contract with Kennedy/Jenks Consultants, Inc, the
total value of which shall not exceed $30,000.
POLICY IMPLICATIONS
The approval of this contract is consistent with existing policies.
EXECUTIVE SUMMARY
In 1989, Camp Dresser & McKee completed a master plan study ofPalo Alto’s entire
sanitary sewer collection system. This study took into account the groundwater
infiltration and rainfall-dependent infiltration/inflow studies conducted in 1982 by CH2M
Hill. The master plan study indicated certain facilities are in need of capacity relief, to
handle increased use and peak wastewater flow, and recommended improvements to
CMR:410:96 , Page I of 4
correct thesecollection system deficiencies. The implementation plan to correct these
deficiencies is the Council approved Wastewater Collection System
Rehabilitation/Augmentation Capital Improvement Program. One of the capacity relief
projects in the master plan is a capacity relief construction project that crosses US 101 at
Amarillo Lane. Although the majority of engineering design on this long-term CIP is
being done by staff, the complexity of the Amarillo Lane capacity relief project requires
the services of a design contractor.
Consultant Services Description
The work to be performed under the contract is for the design and preparation of
construction drawings, specifications, and a construction estimate for the Amarillo
Avenue and Embarcadero Way Relief Sewer Project. The proposed design project
consists of designing approximately 3100 linear feet of 48-inch pipe in an easement from
Embarcadero Way to West Bayshore Road, crossing US 101, and designing
approximately 800 linear feet of 42-inch pipe in Amarillo Avenue from W. Bayshore
Road to Tanland Drive.
The scope of services to be provided by the consultant is detailed in Exhibit A of the
Agreement, but generally includes:
0
Evaluation of the original design criteria used in the 1989 Master Plan Study;
Acquisition of the data necessary for the analysis of the key project issues;
Engineering analysis of the data obtained in the above task;
Assessment of permits and easements necessary for the construction of the project;
Preparation of the design documents including plans, profiles, details,
specifications and construction estimate for the bidding and construction of the
relief sewer project.
Selection Process
Staff sent a request for proposals to nine consulting firms on February 7, 1996. Firms
were given twenty-one days to respond to the request. No pre-proposal meeting was held.
A total of three firms submitted proposals.
Staff reviewed the proposals for the proposer’s familiarity with the project’s sensitive
design issues, understanding of the project goals and objectives, approach to the project
design, specialized design experience, qualifications of the project manager and design
CMR:410:96 Page 2 of 4
team, and the ability to present and support their overall project design concept to the
selection committee.
A selection committee consisting of the Water Gas Wastewater Engineering Manager,
WGW Operations Manager, Regional Water Quality Control Plant Manager and Senior
Engineer, two WGW Senior Engineers and a WGW Engineer reviewed the proposals.
All three responding firms were invited to participate in oral interviews on March 26 and
March 27, 1996. The committee carefully reviewed each firm’s qualifications and
submittals in response to the RFP relative to the following criteria:
0
®
Scope of Proposal
Sequence of Work
Schedule of Work
personnel
Construction method
staff
References
Project Understanding and
Approach
®
®
®
Design Experience
Completeness of proposal
Qualifications of "key" design
Qualifications of environmental
Completion time
Project Team Experience with
proposed construction methods
The selection
below:
1.
2.
3.
committee was unanimous in its ranking of the three proposals as shown
Kennedy/Jenks Consultants, Inc.
Brown and Caldwell
Creegan + D’Angelo
Kennedy/Jenks Consulting, Inc. was, unanimously selected, by the Committee because
the firm showed that its design team has the best understanding of the project goals and
objectives, is most familiar with the proposed construction methods and environmental
constraints, and has the best project approach and overall design qualifications for this
contract.
FISCAL IMPACT
Funds for this project are included in the FY 1996-97 Wastewater Collection System
Rehabilitation/Augmentation Capital Improvement Program budget.
CMR:410:96 Page 3 of 4
ENVIRONMENTAL ASSESSMENT
These services do not constitute a project for the purposes of the California
Environmental Quality Act. However, depending on the final alignment of the proposed
pipeline, environmental assessment may be required prior to construction of the project.
CONFLICT OF INTEREST
Staff, with the concurrence of the City Attorney, has determined that the consultant is
exempt from complying with the financial disclosure provisions of the City’s conflict of
interest code, because the consultant’s range of duties and services to be provided under
the contract are limited in scope or are primarily ministerial in nature.
ATTACHMENTS
Attachment A:Agreement
PREPARED BY: Roger Cwiak, Greg Scoby, Edward Wu
DEPARTMENT HEAD REVIEW : ~2~~ ~-- ~.~ ~
EDWARD J. MRIZEK
Director of Utilities
CITY MANAGER APPROVAL:
ger
CMR:410:96 Page 4 of 4
Attachment
AGREEMENT
PROFESSIONAL ENGINEERING CONSULTANT SERVICES
BY AND BETWEEN THE CITY OF PALO ALTO AND
KENNEDY/JENKS CONSULTANTS, INC.
THIS AGREEMENT is made and entered into this day of
, 1996, by and between the CITY OF PALO ALTO, a
municipal corporation of California, hereinafter referred to as
"CITY," and KENNEDY/JENKS CONSULTANTS, INC. (Taxpayer
Identification No. 94-2147007), a California corporation, with
offices at 2191 East Bayshore Road, Suite 200,Palo Alto, CA
94303, hereinafter referred to as "CONSULTANT";
W I T N E S S E T H:
WHEREAS, CITY desires certain professional services
hereinafter described; and
WHEREAS, CITY desires to engage CONSULTANT to provide
these services during FY 1996-97 by reason of its qualifications
and exPerience for performing such services, and CONSULTANT has
offered to provide the required services on the terms andin the
manner set forth herein; and ~
NOW, THEREFORE, in consideration of their mutual
covenants, the parties hereto agree as follows:
SECTION I - DEFINITIONS
i.i CITY
The term "City" as used in this Agreement shall mean and
include all the territory lying within the municipal boundaries of
the City of Palo Alto, California, as presently existing, plus all
territory which may be added thereto during the term of this
Agreement by annexation or otherwise.
1.2 CITY MANAGER
The term "City Manager" shall mean the duly appointed
City Manager of the City of Palo Alto, California, or her
designated representative.
"1.3 CITY ATTORNEY
The term "City Attorney" shall mean the duly appoin£ed
City Attorney of the City of Palo Alto, California, or his
designated representative.
1.4 CITY CLERK
The term "City Clerk" shall mean the duly appointed City
Clerk of the City of Palo Alto, California, or her designated
representative.
1.5 RISK MANAGER
The term "Risk Manager" shall mean the duly appointed
Risk Manager of the City of Palo Alto, California, or his
designated representative.
1.6 PROJECT
The term "Project" means the improvements described in
Exhibih "A" entitled "Scope of Work" attached hereto and made a
part hereof.
SECTION 2 - PROJECT COORDINATION
2.1 CITY
The City Manager shall be representative of CITY for all
purposes under this Agreement. Edward Wu is designated as the
PROJECT MANAGER for the City Manager, and he shall supervise the
progress and execution of this Agreement.
2.2 CONSULTANT
CONSULTANT shall assign a single PROJECT DIRECTOR tO have
overall responsibility for the progress and execution of this
Agreement for CONSULTANT. Deeb Batsford hereby is designated as
the PROJECT DIRECTOR for CONSULTANT. He shall also be assigned as
PROJECT COORDINATOR for CONSULTANT and shall represent CONSULTANT
during the day-to-day work on the Project. Should circumstances or
conditions subsequent to the execution of this Agreement require a
substitute PROJECT. DIRECTOR or PROJECT COORDINATOR for any reason
the PROJECT DIRECTOR or PROJECT COORDINATOR designee shall be
subject to the prior written approval of the PROJECT ENGINEER.
SECTION 3 -SCOPE OF PROJECT
The scope of the Project to be executed by CONSULTANT
under the phases of the Basic Services described in Section 4.1 of
this Agreement is as described in Exhibit "A" attached hereto and
made a part hereof.
SECTION 4 - DUTIES OF CONSULTANT
4.1 BASIC SERVICES
Unless otherwise indicated, CONSULTANT shall perform each
task and accomplish each objective described in Exhibit "A," "Scope
of Work." CONSULTANT’s Basic Services shall be furnished as
described in Exhibit "A".
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4.2 ADDITIONAL SERVICES
CONSULTANT shall perform or obtain any and all of the
following additional services, not included under Basic Services,
if so authorized in writing by CITY, and shall be paid as provided
in Section 6 of this Agreement:
4.2.1 Providing services as an expert witness in
connection with any public hearing, arbitration proceeding, or
proceeding of a court of record.
4.2.2 Incurring travel and subsistence expenses for
CONSULTANT and his staff beyond those normally required under Basic
Services.
4.2.3 Performing any other services that may be
agreed upon by the parties subsequent to the execution of this
Agreement.
4.2.4 Such services as defined in Exhibit "A".
4.3 GENERAL DUTIES OF CONSULTANT
4.3.1 CONSULTANT represents that it is qualified to
furnish the services described under this Agreement. CONSULTANT
further declares that one or more members or employees of his firm
and that of its subconsultants, if any, are licensed by the State
of California to perform their services and that these services
will be performed by them or under their supervision. CONSULTANT
shall furnish to CITY for approval, prior to execution of each
task, a list of all firms or corporations to be employed as
subconsultants.
4.3.2 CONSULTANT states that it is aware 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 persons with disabilities, and relating to
facilities for persons with disabilities. CONSULTANT shall comply
with such provisions in carrying out the terms of this Agreement.
4.3.3 CONSULTANT shall furnish CITY with every
reasonable opportunity for CITY to ascertain that the services of
CONSULTANT are being performed in accordance with the requirements
and intentions of this Agreement.
4.4 PENDING SERVICES
CONSULTANT may be required to perform the pending
consultant services described under Task 7 of Exhibit "A" upon
completion of the basic services° The ~final determination of the
pending services is subject to the approval by the Council.~ If
approved, CONSULTANT shall perform the pending services upon
execution of an amendment to this contract.
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SECTION 5 DUTIES OF CITY
5.1 CITY shall provide information regarding its requirements
for the Project.
5~2 CITY shall examine documents submitted by CONSULTANT and
shall render decisions pertaining thereto promptly, to avoid
unreasonable delay in the progress of CONSULTANT’s work.
5.3 CITY shall furnish information as one in CITY’s files or
are at its disposal, as listed in Exhibit "A".
5.4 If CITY observes or otherwise becomes aware of any fault
or defect in the Project or nonconformance with the contract
documents, CITY shall give prompt written notice thereof to
CONSULTANT.
5.5 CITY shall furnish promptly information required by
CONSULTANT.
SECTION 6 -PAYMENT
Payment shall be made by CITY only for services rendered
and upon submission in .triplicate of monthly progress payment
requests. Each invoice shall be itemized as to the type of payment
described in this section.
6.1 CONSULTANT’S FEES
In consideration for the full performance of the Basic
Services and reimbursable expenses described in Section 4.1 of this
Agreement, CITY agrees to pay CONSULTANT a fee not to exceed
$301,000 as established in Exhibit A.
The amount of CONSULTANT’s compensation shall be
calculated as set forth in Exhibit "B", Schedule of Charges,
attached hereto, on a time and materials basis, up to the maximum
amount set forth in this paragraph 6.1.
The full payment of charges for extra work or changes, or
both, in the execution of the Project will be made, provided such
request for payment is initiated by CONSULTANT and authorized, in
writing, by the project manager. Payment will be made within
thirty (30) days of submission by CONSULTANT of a statement, in
triplicate, of itemized costs covering such work or changes, or
both. Prior to commencing such extra work or changes, or both, the
parties will agree upon an estimated maximum cost for such extra
work or changes. CONSULTANT will not be paid for extra work or
changes, including, without limitation, any design work or change
order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
6o1.1 Subconsultants. Fees for subconsultants, hired
directly by CONSULTANT, shall be approved by CITY in advance of
incurring such fees.
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6.2 PAYMENT SCHEDULE
6.2.1 For Basic Services. Payments for Basic
Services shall be made in progress payments in proportion to
services performed.
6.2.2 Deductions. No deductions shall be made from
CONSULTANT’s compensation on account of penalty, liquidated
damages, or other sums withheld from payments to contractors.
SECTION 7 - PROGRESS AND COMPLETION
7.1 TIME IS OF THE ESSENCE
It is understood and agreed that time is of the essence
of this Agreement, and that, following receipt of Notice to
Proceed, CONSULTANT shall commence work on initial tasks of study
in accordance with the time schedule, if any, in Exhibit "A". Work
on subsequent tasks shall proceed in accordance with said time
schedule.
7.2 TIME OF COMPLETION OF EACH PHASE
CONSULTANT agrees to perform the services within the time
limits set forth in Exhibit "A" provided, however, that any change
in the Scope of services or other changes due to CITY’s operating
requirements, or in connection with other contractors or
consultants operations, may require a revised time table.
CITY agrees to exercise due diligence in performing its
tasks to implement CONSULTANT’s time table.
7.3 CITY’S REVIEW AND APPROVAL
Between each phase of work there is a review and approval
period by CITY. CITY will exercise due .diligence to complete these
tasks; however, it is recognized that the interrelated exchange of
information among CITY’s various departments makes it impossible to
set a Specific time schedule. Normally, CITY’s estimated period of
review and approval will be furnished to CONSULTANT at the time of
submission of each phase of work..
7.4 EXTENSION OF TIME OF COMPLETION
In the event the services called for under this Agreement
are not completed by CONSULTANT within the time specified, CITY
shall have the option to extend the time of completion° This
paragraph does not preclude the recovery of damages for d~lay of
either party.
SECTION 8 -CHANGES IN WORK
CITY may order major changes in scope or character of
work, either decreasing or increasing the amount of CONSULTANT’s
services. In the event that such changes are ordered, CONSULTANT
960827 syn 0071027
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shall be entitled to full compensation for all work performed prior
to receipt of notice of change. Increased compensation for major
changes shall be determined in accordance with Section 6 of the
Agreement, but in no event’shall CITY be liable for payment unless
the amount of such extra compensation shall first have been agreed
to in writing by CITY.
In the event that major changes are ordered pursuant to
this section, the schedule for progress and completion in Section
7 of this Agreement and compensation shall be adjusted by
negotiation between CONSULTANT and CITY, subject to approval, if
necessary by the Palo Alto City Council.
SECTION 9 -TERMINATION OR SUSPENSION OF AGREEMENT
9.1 CANCELLATION BY CONSULTANT
CONSULTANT may terminate this Agreement or suspend work
on the Project upon thirty (30) days’ written notice to CITY, but
only in the event of substantial failure of performance by CITY or
in the event CITY abandons or indefinitely postpones the Project.
9.2 CANCELLATION BY CITY
Without limitation to such rights or remedies as CITY
shall otherwise have by law, CITY shall have the right to terminate
this Agreement or suspend work on the Project for any reason, upon
fifteen (15) days’ written notice to CONSULTANT, or immediately
after submission to CITY by CONSULTANT of any completed item of
service specified in Section 4 of this Agreement. CONSULTANT
agrees to cease all work under this Agreement upon receipt of said
written notice.
9.3 COMPENSATION OF CONSULTANT IN THE
EVENT OF TERMINATION OF THIS AGREEMENT
In the event of termination of this Agreement or
suspension of work on the Project by either CITY or CONSULTANT,
CONSULTANT shall receive compensation as follows:
9.3.1 For approved items of service under Section 4
of this Agreement, compensation shall be in the amount outlined
under Section 6 of this Agreement for the items of service fully
performed by CONSULTANT.
9.3.2 For items of service on which a notice to
proceed has been issued by CITY, but which have not been fully
completed and approved, CONSULTANT shall be compensated for said
service in an amount which bears the same ratio to the total fee
otherwise payable for the performance of said service as the
service actually rendered bears to the total service necessary for
the full performance of said item of service.
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9.3.3 In no event shall the total compensation paid
in the immediately preceding paragraphs exceed the payment
specified in Section 6 for the respective items of service to be
furnished by CONSULTANT.
9.3.4 Notwithstanding anything in the preceding
paragraphs, upon termination for fault of CONSULTANT, CITY shall be
obligated to pay for only that portion of the service which can be
incorporated in the Project.
9.4 DUTIES OF CITY AND CONSULTANT
Upon termination of this Agreement or suspension of work
on the Project by either CITY or CONSULTANT, all duties of CITY and
CONSULTANT, as set forth in Sections 4 and 5 hereinabove, shall
terminate.
SECTION i0 - CONSULTANT’S ACCOUNTING RECORDS
Records of the following expenses pertaining to the
Project shall be kept by CONSULTANT according to generally accepted
accounting principles and shall be available to CITY at mutually
convenient times:
i0.I Direct personnel expenses, including consultant expenses.
(See Section 6 of this Agreement.)
10.2 Expenses pertaining to Additional Services.
6 of this Agreement.)
(See Section
SECTION Ii - OWNERSHIP OF DOCUMENTS
ii.i Subject to the provisions of Paragraph 11.2 below, the
original drawings, maps, plans, designs, records of survey, work
data, specifications, and other documents prepared by CONSULTANT in
the performance of this Agreement, although instruments of
professional service, are and shall be the property of CITY whether
the Project for which they are made is executed or not.
11.2 Upon termination ~under Section 9 of this Agreement and
upon CITY’s payment of the amount required to be paid under the
same section, the originals and all drawings~ calculations,
specifications and similar documents become the property of CITY,
and CONSULTANT shall transfer them to CITY upon request without
additional compensation. CITY shall have the right to utilize any
completed or uncompleted drawings, estimates, specifications, and
other documents prepared hereunder by CONSULTANT; however, CITY
shall indemnify CONSULTANT against any loss which may be caused to
CONSULTANT by such use and reuse.
SECTION 12 - INTEREST OF CONSULTANT;
INDEPENDENT OF CITY
CONSULTANT
In accepting this Agreement, CONSULTANT agrees to meet
all requirements of the Conflict of Interest Code, including
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completing the Conflict of Interest Form furnished by the CITY.
The form shall be signed by the CONSULTANT and shall be made a part
of this Agreement.
It is expressly agreed that in the performance of the
professional services required under this Agreement CONSULTANT, and
any of its subconsultants or employees, shall at all times be
considered independent contractors and not agents or employees of
CITY.
SECTION 13 - OUTSIDE CONSULTANTS
CONSULTANT shall be responsible for employing all outside
consultants (subconsultants) necessary to aid CONSULTANT in the
performance of the services listed in Section 4 of this. Agreement;
provided, however, that all such subconsultants shall receive prior
approval of CITY in writing and shall remain acceptable to CITY
during the term of this Agreement.
SECTION 14 -INDEMNITY
CONSULTANT agrees to indemnify, defend and hold harmless
CITY, its officers, agents and employees 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’, subcontractors’ or
employees’ negligent acts, errors, or omissions, or willful
misconduct, or conduct for which the law imposes strict liability
on CONSULTANT in the performance or failure to perform this
Agreement.
SECTION 15 INSURANCE
15.1 LIABILITY INSURANCE
15.1.1 CONSULTANT, at its sole cost and expense, shall
obtain and maintain, in full force and effect throughout the entire
term of this Agreement, the insurance coverage described in Exhibit
"C", ,attached hereto, insuring not only CONSULTANT and its
subcontractors, if any, but also, with the exception of workers’
compensation, employer’s liability, and professional liability
insurance, naming CITY, its officers, agents and employees, and
each of them, with respect to activities and services performed by
CONSULTANT for or on behalf of CITY under the provisions of this
Agreement as an addition insured.
15.1.2 Certificates of such insurance, preferably on
the forms provided by CITY, shall be filed with CITY concurrently
with the execution of this Agreement or, with CITY’s approval,
within ten (i0) working days thereafter. Said certificates shall
be subject to the approval of the Risk Manager and shall contain an
endorsement stating that said insurance is primary coverage and
will not be canceled or altered by the insurer except after filing
with the City Clerk thirty (30) days’ prior written notice of such
cancellation or alteration, and that the City of Palo Alto is named
960827 syn 0071027
as an additional insured (except in policies of workers’
compensation, employer’s liability, and professional liability
insurance). Current certificates of such insurance shall be kept
on file at all times during the term of this Agreement with the
City Clerk.
15.2 CORRECTION OF ANY ERRORS, OMISSIONS, AND AMBIGUITIES
IN CONTRACT DOCUMENTS
Any errors, omissions, or ambiguities in the contract
documents which are discovered before the Project is out for bid
shall be corrected by CONSULTANT without cost to CITY. CONSULTANT
services required to make changes in construction resulting from
errors, omissions, or ambiguities in the contract documents which
are discovered after the contract is awarded shall be performed by
CONSULTANT without cost to CITY only insofar as they result in
unnecessary or non-beneficial changes in construction. CONSULTANT
services required to make changes in construction resulting from
errors, omissions, or ambiguities to the contract documents which
are discovered after the contract is awarded shall be performed by
CONSULTANT and shall be paid for by CITY only insofar as they add
benefit to the construction work.
SECTION 16 - WORKERS’ COMPENSATION
CONSULTANT, by executing this Agreement, 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 before commencing the
performance of the work of this Agreement.
SECTION 17 - AGREEMENT BINDING
The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors,
administrators, assigns, and subcontractors of both parties.
SECTION 18 -NONASSIGNABILITY
18.1 PERSONAL SERVICES OF CONSULTANT
Both parties hereto recognize that this Agreement is for
the personal services of CONSULTANT and cannot be transferred,
assigned or subcontracted by CONSULTANT without the prior written
consent of CITY.
18.2 SERVICES OF SUBCONSULTANT AND THEIR EMPLOYEES
CONSULTANT shall be responsible for employing or engaging
all persons necessary to perform the. services of CONSULTANT
hereunder. No subconsultant of CONSULTANT will be recognized by
CITY as such; rather, all subconsultants are deemed to be employees
of CONSULTANT, and it agrees to be responsible for their
960827 syn 0071027 9
performance. CONSULTANT shall give its personal attention to the
fulfillment of the provisions of this Agreement by all of its
employees and sub-consultants, if any, and shall keep the work
under its control. If any employee or subconsultant of CONSULTANT
fails or refuses to Carry out the provisions of this Agreement or
appears to be incompetent or to act in a disorderly or improper
manner, he or she shall be discharged immediately from the work
under this Agreement on demand of CITY.
SECTION 19
CONSULTANT
RELIANCE UPON PROFESSIONAL SKILL OF
It is mutually understood and agreed by and between the
parties hereto that CONSULTANT is skilled in the professional
calling necessary to perform the work agreed to be done hereunder
and that CITY relies upon the skill of CONSULTANT to do and perform
the work in the most skillful manner, and CONSULTANT agrees to thus
perform the work. The acceptance of CONSULTANT’s work by CITY does
not operate as a release of CONSULTANT from said obligation.
SECTION 20 WAIVERS
The waiver by either party of any breach or violation of
any term, covenant, or condition of this Agreement or of any ~
provision, ordinance, or law shall not be deemed to be a waiver of
any other term, covenant, condition, ordinance, or law or of any
subsequent breach or violation of the same or of any other term,
covenant, condition, ordinance, or law. The subsequent acceptance
by either party of any fee or other money which may become due
hereunder shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, covenant, or
condition of this Agreement or of any applicable law or ordinance.
SECTION 21 - NO IMPLIED WAIVER
No payment, partial payment, acceptance, or partial
acceptance by CITY.shall operate as a waiver on the part of CITY of
any of its rights under this Agreement.
SECTION 22 - COSTS AND ATTORNEYS’ FEES
The prevailing party in any action brought to enforce the
terms of this Agreement or arising out of this Agreement may
recover its reasonable costs and attorney fees expended in
connection with such an action from the other party.
SECTION 23 -NONDISCRIMINATION; PENALTY
23.1 DUTY OF CONSULTANT
No discrimination shall be made in the employment of
persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person. If the value of
this Agreement is, or may be, Five Thousand Dollars ($5,000) or
more, CONSULTANT agrees to meet all requirements of the Palo Alto
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10
Municipal Code pertaining to nondiscrimination in employment,
including completing the "Compliance Report--Nondiscrimination
Provisions of City of Palo Alto Contracts" on the form furnished by
CITY and attached hereto as Exhibit "D" and made a part hereof by
this reference.
CONSULTANT agrees that each agreement for services from
independent providers shall contain a provision substantially as
follows:
"PROVIDER shall provide CONSULTANT with a
certificate stating that he (or she) is currently in
compliance with all Federal and State of California laws
covering nondiscrimination in employment; that he (or
she) will pursue an affirmative course of action as
required by the Affirmative Action Guidelines of the City
of Palo Alto; and that he (or she) will not discriminate
in the employment of any person under this contract
because of race, color, national origin, ancestry, sex or
religion of such person."
23.2 PENALTY FOR DISCRIMINATION
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 Agreement, it shall
thereby be found in material breach of this Agreement. Thereupon,
CITY shall have the power to cancel or suspend this Agreement, in
whole or in part, or to deduct from the amount payable to
CONSULTANT the sum of Twenty-Five Dollars ($25) for each person for
each calendar day during which such person was discriminated
against, as damages for said breach of contract, or both. Only a
finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer shall
constitute evidence of a violation of contract under this section.
If CONSULTANT is found in violation of the
nondiscrimination provisions of this Agreement or the applicable
affirmative action guidelines pertaining to this Agreement,
CONSULTANT shall be found in material breach of this Agreement.
Thereupon, CITY shall have the power to cancel or suspend this
Agreement, in whole or in 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 found to have been
in such noncompliance as damages for said breach of contract, or
both.
SECTION 24 - ARBITRATION
Upon agreement of the parties any controversy or claim
arising out of or relating to this Agreement may be settled.by
arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
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ii
the ArbiZrators may be entered in any court having jurisdiction
thereof.
SECTION 25 NOTICES
All notices hereunder shall be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:
With a copy
to:
Office of the City Clerk
P. O. Box 10250
Palo Alto, CA 94303
Project Manager
To CONSULTANT: Attention of the PROJECT DIRECTOR
at the address of CONSULTANT recited above
SECTION 26 - ALL COVENANTS ARE CONDITIONS
All provisions of this Agreement are expressly made
conditions.
SECTION 27 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated
agreement between CITY and CONSULTANT and supersedes all prior
negotiations, representations, and agreements, either written or
oral.
This document may be amended only by written instrument,
signed by both CITY and CONSULTANT.
III
III
III
III
III
III
III
III
III
III
III
12
960827 syn 0071027
SECTION 28 - GOVERNING LAW
This Agreement shall be governed by the laws of the State
of California.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Mayor
KE~/J~NKS CONSUlTANtS,. I~C.
City Manager
Deputy City Manager,
Administrative Services
Director of Utilities
Risk Manager
Attachments :
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF WORK AND ADDITIONAL TERMS
SCHEDULE OF CHARGES
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
960827 ayn 0071027
13
CERTIFICATE OF ACKIqOWLEDGMENT
(Civil Code § 1189)
On .~/~{~f /3, 1996, before me,~ ~. ~~<,
a Notary Publ~c in and for said County ind State, per~onallyappeared ~/V~oon ~’ thL~e&/~i~s~ , personally known to me
or proved to me of satisfactory evidence to be the
person(s) whose 9am___~e(s) i_~s/are subscribed to the within instrument
and acknowledged to me that h___e/she/they executed the same in
h_~/her/their authorized capacity(ies), and that by.R/her/their
signature(s) on the instrument £he.persoD(s), or the entity upon
’behalf of which the ~erso____~n(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
960827 syn 0071027
14
EXHIBIT A -SCOPE OF SERVICES
Amarillo Avenue and Embarcadero Way
Relief Sewer Project
GENERAL
The Consultant shall provide engineering services to design, develop construction drawings,
specifications, and a construction cost estimate for the Amarillo Avenue and Embarcadero
Way Relief Sewer Project.
CONSULTANT SERVlCES
The Consultant’s services shall include evaluating the criteria used as-a part of the City’s 1989
master planning effort, comparing this criteria to the existing conditions, designing a relief
sewer and preparing construction documents for the installation of the relief sewer. The
Consultants basic services shall include the tasks outlined below.
1.Wl - Workshop No. 1
The Consultant shall organize and conduct the first workshop with City personnel to
establish project goals and schedules, identify roles and responsibilities, and discuss
the CEQA and public outreach programs.
2.Task 1 - Evaluation of Design Criteria
The Consultant shall evaluate the design criteria used in the 1989 Master Plan Study,
compare the de’sign flows with flow records, and verify the need and/or diameter for the
relief sewer. This task shall also include the adjustment of the hydraulic model (SNAP)
to reflect the current existing conditions and then the running of the model to verify the
1989 master flow recommendations. The work in this task shall be presented to the
City in a letter report.
3.W2 - Workshop No. 2
The Consultant shall organize and conduct a second wQrkshop with City personnel to
review the design criteria, develop project alternative evaluation criteria, assign
weighting factors, and develop project alternatives.
4.Task 2 - Data Acquisition
The Consultant shall obtain the data necessary for the analysis of some of the key
project issues. Included in this data shall be record information on the construction of
the existing sewer, easement information on the existing sewer, and existing utility
location information. Topographic survey information and geotechnical information
shall also be obtained for the most likely relief sewer alignment. This alignment shall
be reviewed with the City Staff prior to commencing the work. Should an alternate
alignment be selected at a later date, obtaining additional survey and geotechnical
information shall be considered as additional services.
P1 - Public Meeting No. 1
The Consultant shall organize and conduct the first public meeting with City personnel,
interested groups, and the public to present the general description of the relief sewer
project.
o Task 3 - Detailed Analysis of Key Issues
The Consultant shall utilize the information collected in Task 2 to perform an
engineering analysis of the options for constructing the relief sewer. The areas for
which various options shall be evaluated shall include: pipeline alignment, construction
methods, materials of construction, construction scheduling, environmental concerns,
and environmental issues. The factors utilized in the evaluation of selected options
shall include Task 2 data, physical constraints, geotechnical information, permitting
requirements, economics, and weather. The work in this task shall be summarized in a
letter report to the City.
W3 -Workshop No. 3
The Consultant shall organize and conduct a third workshop with City personnel to
present the results of the evaluation of the options, to select the preferred project, and
to initiate the. CEQA process.
P2 - Public Meeting No. 2
The Consultant shall’ organize and conduct a second public meeting with City
personnel, interested groups, and the public to present the description of the preferred
relief sewer project. Additional public meetings and public appearances shall be
considered as additional services.
10.
Task 4 - Assessment of Permits
The Consultant shall determine which permits and easements are needed, their
specific requirements, and the appropriate contact person within the granting agency.
The Consultant shall assist the City in applying for and obtaining these permits. This
work shall include completing applications from local, state, and federal agencies with
permitting authority over work in the project site locality.
Task 5 - Preparation of Design Documents
The Consultant shall prepare Contract Documents including Plans, Profiles, Details,
and Specifications for the bidding and construction of the relief sewer project. The
documents shall be submitted for review and comment by the City at the 50% and 90%
completion points. This task work shall also included the preparation of a project
construction cost estimate and assistance to the City in the prequalification of specialty
tunneling construction contractors. The City shall provide the document reproduction
for this project.
11.Task 6 - Bid Support
The Consultant shall provide engineering support to the City during the bidding process
for the construction of the relief sewer project. The engineering support during bidding
shall include the recording of questions by bidders, the preparation of addendums as
required, attending a pre-bid conference and job walk with the City and bidders, and
the evaluation of the bids.
12.Task 7 - Support During Construction (Pending Consultant Services)
The Consultant shall provide engineeringsupport services during construction. These
services shall include attending a pre-construction meeting, construction observation
and site meetings, submittal reviews, change order and contract clarification
preparation, final inspection and recommendation, and record drawing preparation.
ADDITIONAL CONSULTANT SERVICES
The Consultant may be required to perform additional services. Additional services shall be
performed only upon written authorization from the City. Payment for the additional services
shall be time and expense based on the schedule of charges. The maximum limit for each
additional task shall be .negotiated and agreed upon prior to providing the service. Consultant
shall provide a schedule of charges with the fee information.
PENDING CONSULTANT SERVICES
Upon completion of the design documents, staff will review the design and negotiate with the
Consultant the level of support needed during construction. The detailed Consultant services
for this task will be developed at such time. As a minimum, the services shall include those
listed in Task 7.
WORK NOT INCLUDED IN SCOPE
Acquisition of easements. This includes title searches, property line surveys, plat and
easement descriptions and the negotiation and acquisition of the easements.
n:~ataSle\dab\exhibit.doc
Exhibit B ..
Proposed Budget for
Amarillo Avenue and Embarcadero Way Relief Sewer Project
City of Palo Alto
A
B
C
D
E
F
G
H
I
J
K
L
(a)
Task
Wl - Workshop No. 1
Task 1 - Evaluation of Design Criteria1
W2 - Workshop No. 2
Task 2 - Data Acquisition
P1 - Public Meeting No. 1
Task 3 - Detailed Analysis of Key Issues
W3 - Workshop No. 3
P2 - Public Meeting No. 2
Task 4 - Assessment of Permits
Task 5 - Preparation of Design Documents
iTask 6 - Bid Support
Task 7 -.Support During Construction
Total
Cost of Task 1 increased $11,000 for System
Modeling
The cost of this task will be dependent on the
project that is utiimately designed as well as the
type of construction support services requested
by the City. The cost for this task can be
negotiated following Task 5.
Cost
$ 5,00O.0O
$16,000.00
$ 10,000.00
$ 70,000.00
$ 6,000.00
$ 55,000.O0
$ 15,000.00
$ 7,000.OO
$ 7,000.00
$100,000.00
$ 10,000.00
(a)
$ 301,000.00
Exhibit "C"
~=su~’ oaT+’ (uuzr..OmY)
CONF~aS NO meriTS U~ON THE CEaT~C~TE HOLOE~. TH,S CS,T~C~T,
DEALEYo RENTON & ASSOCIATES
P.O. BOX 12675
OAKLAND, CA 94604-2675
ATT: DAVID ECKMAN/FAX 452-2193
510-465-3090
KENNEOY/JENKS CONSULTANTS
MARATHON PLAZA, 10TH FLOOR
303 SECOND STREET
SAN FRANCISCO, CA 94107
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEDBY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
LETIER A DESIGN PROFESSICNALS INS. CO.
Let;ER B COMMERCE & INDUSTRY INS. CO.
CO.ANY
THE AMERICAN INSURANCE CO.
LEIIER b NATIONAL SURETY CORP,
COk~A~,~’LEU£R E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATEO, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCL+I,/tENT WIT H RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEI:~4S,
EXCLUSIONS AND CONDITIONS OF SUCH POLIOIES. LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAIMS.
GE..NER ~L LIABILITY
B X CCt,’tdEROAL DENERAL tlABILITY
i:+ii~i~: ] CLA,mS ~OE [~] OCCUR.
OWNEr’S ,. COm~CTOR’S PRO~.
AUTO MOOIL~ LIABtLIT Y
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUI0$
6ARABE LIABILIIY
EXCESS LIABILITY
~Lt~BR[LLA FORM
OTHER tHAN Lt~DRELLA FOF~M
WORXER’S ¢O~EN~ATION
A~’~
EI~LOYER$* LIA~ITY
POLICY NUMrlER
GL3407252
MXAB0154891
WC80661126
OTHER
A PROFESSIONAL P L"/O00£ 5
LIABILITY INCL.
POLLUTION LIAB.
DESCR~TION OF OPERaTION$ILOCATION+SIVEHICLESI’~PE¢ItJ. ITEMS
POLICY EFFECTIVE
10/01/£5
10/01/95
1101/95
9115195
POLICY
10/01/96
10/01/96
1101/96
9115/96
GENERAl AGGREOAIE
PROOUC f S-COMP/OP AGO.
PERSONAL & ADV. INJURY
:ACH OCCURR,~ NCE
FIRE OAMAG~ ~ny on¢ Ilia]
MED. EXP[NS~ (An7 one person
C~BIN[0 SIN0l~
LIMI l
BOOtLY IHJU~
DODILY INJU~
PRoPERlY O~G[
2,000,000
2,0O0,0OO
1 ,ooo,ooo
1 ,ooo ,ooo
1,000,000
$
EACH ACCIO~Nf $1 ,000,000
mSEASE-POLI~Um~t I 1,000,000
DISEASE-~ACH EMPLOYEE $1,000,000
$1,000,000 PER
CLAINI =rid ANNUAL
AGGREGATE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAyOR TO
MAIL 30 DAYSWRITTENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHE
SPEClMEI~ CERTI F ICATE OF ii’i’i::LEFT,B-U~ FAILURE ’TO MAIL SUCH NOTICE SHALL MPOSE NO OBLIGATION OR
INSURANCE - CERT I F I CATE !’.~i LIABILITYOF ANY KINDUPON’THE COMPANY.ITS [GENTSORREPRESENTATIVES.
HOLDER TO BE COMPLETED UPON I::I~:AuTHORIzE~REPrEsENT~,TVE ~,,,~+;:Y, RP~TO,J, ,p, AS~QOIATESREQUEST.~:::i:’i 7,~"’~_.’~’~,~" p ~ ’ 128560000
Exhibit "D"
CERTIFICATION of NONDISCRIMINATION SECTION 410
Amarillo Avenue & Embarcadero Way Relief Sewer
Certification, of Nondiscrimination: As suppliers of goods or services to the City of Pale Alto, the
firm and individuals listed below certifies that they do not discriminate in employment with regards
to age, race, color, religion, sex, national odgin, 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, espedally those serving minority communities, and to the
minority communities at large.
3.0 To take affirmative action steps to hire minodty employees within the organization.
4.0 To be knowledgeable of the local, state, and federal laws and regulations conceming
affirmative action policies and provide opportunities for employees.
Firm: Kenncdy!Jenks Consultants, Inc,DATE: 2-27-95
Title of Officer Sig#,i4m#~ Vi ce ~’-~si de~t
Signature
Please include any additional information
programs now in effect within your company.
available regarding equal
See attached Affirmative Action Pla.n cn fellcwing paoe.
(Please attach add~onal pages if necessary)
opportunity employment
END OF SECTION
CITY of PALe ALTO: Non-discrimination (6/94)SECTION 410-1