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HomeMy WebLinkAbout1996-10-21 City CouncilTO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: Public Works AGENDA DATE: October 21, 1996 CMR:428:96 SUBJECT:Approval of Consultant Contract with CH2M Hill, Inc. for Engineering Design Services for the Barron Park Storm Drain Improvements and Storm Drain System Rehabilitation - Phase 2, CIP 47712/47713 REQUEST This is a request for approval of a consultant contract with CH2M Hill, Inc. in the amount of $385,835 for engineering design services for the Barron Park Storm Drain Improvements and Storm Drain System Rehabilitation - Phase 2. RECOMMENDATIONS Staff recommends that council: Approve and authorize the Mayor to execute the attached consultant contract with CH2M Hill, Inc. in the amount of $385,835 for engineering design services for the Barron Park Storm Drain Improvements and Storm Drain System Rehabilitation - Phase 2. o Authorize the City Manager or her designee to negotiate and execute one or more change orders to the consultant contract with CH2M Hill, Inc., the total value of which shall not exceed $38,500. POLICY IMPLICATIONS The approval of this contract is consistent with existing policies. EXECUTIVE SUMMARY Consultant Services Description The work to be performed under the contract is for the design of two separate storm drain capital improvement projects. The first project is a comprehensive set of drainage improvements in the Barron Park neighborhood, including implementation of drainage capacity upgrades identified in the Storm Drain Master Plan, solutions to chronic ponding areas and replacement or rehabilitation of damaged drainage system components. The CMR:428:96 Page 1 of 3 second project consists of drainage system repair/rehabilitation and solutions to chronic ponding areas at high priori~~ locations throughout the City. Specific tasks to be performed include preparation of construction drawings, specifications and cost estimates, and assisting staff with environmental assessment, agency permitting and neighborhood coordination. Selection Process The Finance Committee identified the project as one for which it wanted to review the draft scope of work prior to the issuance of a request for proposal. The Committee approved the scope of work on April 2, 1996 (CMR:207:96). Staff sent a request for proposals (RFP) to six consulting firms on July 30, 1996. Eight additional firms requested copies of the RFP during the proposal solicitation period. Firms were given 28 days from the initial mailing to respond to the request. A total of two firms submitted proposals. Staff contacted the remaining firms to determine the factors that affected their decision not to submit a proposal to the City for this project. Reasons cited included conflicts with existing workload, lack of the specific expertise required for the project, distance from Palo Alto, and uncertainty of the effects of direct neighborhood involvement in the design process. The two firms that submitted proposals are well-qualified to perform the work and were highly motivated to provide engineering services to the City. A selection advisory committee, consisting of staff from Public Works Engineering, Planning, and a Barron Park resident, reviewed the proposal, and both firms were invited to participate in oral interviews on September 11, 1996. The committee carefully reviewed each firm’s qualifications and submittals in response to the RFP relative to the following criteria: 2. 3. 4. 5. General quality of the written proposal and oral interview. Scope of services to be provided and general approach to the project. Amount of relevant experience with similar projects. Qualifications of the personnel proposed for the project. The record of the firm in accomplishing projects of similar scope within the established time and budget limitations. Geographic location of the firm relative to the City. Proposed fee relative to the services to be provided. CH2M Hill, Inc. was selected because of the qualifications of their design team and their strong commitment to completing the project design in time for the 1997 construction season. In order to ensure that they have adequate engineering resources to complete the project in a timely manner, CH2M Hill, Inc. has teamed with Kennedy/Jenks Consultants to conduct the work. CH2M Hill personnel also demonstrated a good understanding of the unique qualities of Barron Park and the ability to design a project that will achieve the desired drainage improvements while maintaining the rural character of the neighborhood. CMR:428:96 Page 2 of 3 FISCAL IMPACT Funds for this project are included in the Storm Drainage Collection System Improvements CIP budget. ENVIRONMENTAL ASSESSMENT A formal assessment of the environmental impacts of new storm drain pipelines and creek outfalls in the Barron Park neighborhood is included in the scope of this agreement. Storm drain system rehabilitation is exempt from the provisions of CEQA and no environmental review is necessary.. ATTACHMENT Agreement PREPARED BY: DEPARTMENT HEAD REVIEW: George Bagdon, Assistant Director of Public Works GLENN S. ROBERTS Director of Public CITY MANAGER APPROVAL: FLEMING City Manager Will Beckett. Barron Park Association Bob Moss, Barron Park Association C1V[R:428:96 Page 3 of 3 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND CH2M HILL, INC. FOR CONSULTING SERVICES This Contract No.is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and CH2M HILL, INC., a Florida corporation, authorized to do business in California, located at 2107 N. ist Street, Suite 210, San Jose, CA 95131-2026 ("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, calculations, 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 to proceed, CONSULTANT will commence work on the initial and subsequent Project tasks in accordance with the time scheduie 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. This provision will not preclude the recovery of damages for delay caused by CONSULTANT. SECTION 2.SCOPE OF PROJECT;CHANGES & CORRECTIONS 2.1 The scope of Services andDeliverables constituting the Project, as described in Exhibit "A", 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 ihe scope or character of the Basic Services, the Deliverables, or the Project, 1 961015 syn 0071055 either decreasing or increasing the amount of work required of CONSULTANT. In the event that such changes are ordered, subject to the approval of CITY’s City Council, as may be required, CONSULTANT will be entitled to full compensation for all work performed prior to CONSULTANT’s receipt of the notice of change and further will be entitled to an extension of the time schedule. Any increase in compensation for substantial changes will be determined in accordance with the provisions of this Contract. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performance of any such change in work. 2.3 Where the Project entails the drafting and submission of De!iverables, for example, construction plans, drawings, and specifications, any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY before invitations to bid on a construction project (for which the Deliverables are required) are distributed by CITY, will be corrected by CONSULTANT at no cost to CITY, provided CITY gives notice to CONSULTANT. 2.4 Any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY after the construction contract is awarded by CITY, will be Performed by CONSULTANT, as follows: (a) at no cost to CITY insofar as those Services, including the Basic .Services or the Additional Services, as described below, or both, .will result in minor or nonbeneficial changes in the construction work required of the construction CONSULTANT; or (b) at CITY’s cost insofar as those Services, including the Basic Services or the Additional Services, or both, will add a direct and substantial benefit to the construction work required of the construction CONSULTANT. The project manager in the reasonable exercise of his or her discretion will determine whether the Basic Services or the Additional Services, or both, will contribute minor or substantial benefit to the construction work. SECTION 3. CONSULTANT QUALIFICATIONS,STATUS, AND DUTIES OF 3.1 CONSULTANT represents and warrants 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. 2 961015 syn 0071055 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 DAVE VON RUEDEN as the project director to have supervisory responsibility for the performance, progress, and execution of the Project. CONNIE EICHHORN will be assigned as the project coordinator who will represent CONSULTANT during the day-to-day work on the Project. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the project director or project coordinator for any reason, the appointment of a substitute project director or substitute project coordinator will be subject to the prior written approval of the project manager. 3.4 CONSULTANT represents and warrants that it will: 3.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the Project; 3.4.2 Keep itself fully informed of all existing and future Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract and.any materials used in CONSULTANT’s performance of the Services; 3.4.3 At all times observe and comply with, and cause its employees and consultants, if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.4.4 Will report immediately to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to the Deliverables. 3.5 Any Deliverables given to, or prepared or assembled by, CONSULTANT or its consultants, if any, under this Contract will become the property of CITY and will not be made available to any individual or organization by CONSULTANT or its consultants, if any, without the prior written approval of the city manager. 3.6 CONSULTANT will provide CITY with the specified number (as defined in Exhibit "A") of any documents which are a part of the Deliverables upon their completion and acceptance by CITY. 3.7 If CITY requests additional copies of any documents which are a part of the Deliverables, CONSULTANT wil! provide such additional copies and CITY will compensate CONSULTANT for its duplicating costs. 3.8 CONSULTANT will be responsible for employing orengaging all persons necessary to execute the Project. All 3961015 syn 0071055 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, wil! at all times be considered independent contractors and not agents or employees of CITY. 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the following Additional Services, not included under the Basic Services, if so authorized, in writing, by CITY: 3.10.1 Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 3.10.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.10.3 Performing any other Additional Services that may be agreed upon by-the parties subsequent to the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in Exhibit "A" 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. 3.12 If the low bid for the Barron Park Storm Drain Improvements or the Storm Drain System Rehabilitation project received by CITY exceeds one hundred ten percent (110%) of the amount of the approved final detailed cost opinion ("fixed limit"), CITY shall at its election (a) give written approva! of an increase in such fixed limit, or (b) authorize rebidding of the project within a reasonable time, or (c) cooperate in revising the project scope and quality as required to reduce the construction cost. In the case of (c), CONSULTANT shall modify the drawings and specifications as necessary to bring the construction cost within the fixed limit. The providing of this service shall be the limit of CONSULTANT’s responsibility in this regard, and having done so, CONSULTANT shall be entitled to its fees in accordance with Section 5 of this Contract, provided, however, if the lowest bid exceeds 110% of CONSULTANT’s final construction cost opinion, and CITY wants to pursue option (c), CITY may hire an independent cost estimator to prepare a cost estimate. If the independent cost 4 961015 syn 0071055 estimator’s estimate exceeds 110% of CONSULTANT’s final construction cost opinion, CONSULTANT shall pay for such independent cost estimate and revise the contract documents at its expense. If the independent cost estimator’s estimate is less than 110% of CONSULTANT’s final construction cost opinion, CITY shall pay for the independent cost estimate and shall pay CONSULTANT a reasonable sum to revise the contract documents. 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. Joe Teresi 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 Matt Costigan, 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 three hundred forty thousand eight hundred thirty-five dollars ($340,835). The amount of compensation will be calculated in accordance with the hourly rate schedule set forth in Exhibit "B", on a time and materials basis, up to the maximum amount set forth in this Section. 5.1.2 In consideration of the full performance of Additional Services, including any authorized reimbursable expenses, CITY wil! pay CONSULTANT a fee not to exceed.forty-five thousand dollars ($45,000). The amount of compensation will be calculated in accordance with the hourly rate schedule set forth in 5 961015 syn 0071055 Exhibit "B", on a time and materials basis, up to the maximum amount set forth in this section. 5.1.3 The full payment of charges for extra work or changes, or both, in the execution of the Project will be made, provided such request for payment is initiated by CONSULTANT and authorized, in writing, by the project manager. Payment will be made within thirty (30) days of submission by CONSULTANT of a statement, in triplicate, of itemized costs covering such work or changes, or both. Prior to commencing such extra work or changes, or both, the parties wil! 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. 5.1.4 Direct personnel expense of employees assigned to the execution of the Project by CONSULTANT will include only the work of architects, engineers, designers, job captains, draftspersons, specification writers and typists, in consultation, research and design, work in producing drawings, specifications and other documents pertaining to the Project, and in services rendered during construction at the site, to the extent such services are expressly contemplated under this Contract. Included in the cost of direct personnel expense of these employees are salaries and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 5.1.5. The fees of the consultants, who have direct contractual relationships with CONSULTANT, will be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. 5.1.6. The rate schedules contained in Exhibit "B" may be updated by CONSULTANT only once each calendar year, and the rate schedules will not become effective for purposes of this Contract, unless and until CONSULTANT gives CITY thirty (30) days’ prior written notice of the effective date of any revised rate schedule. 5.2 The schedule of payments will be made as follows: 5.2.1 Payment of the Basic Services will be made in monthly progress payments in proportion to the quantum of services performed, or in accordance with any other schedule of payment mutually agreed upon by the parties, as set forth in Exhibit "B", or within thirty (30) days of submission, in triplicate, of such requests if a schedule of payment is not specified. Final payment will be made by CITY after CONSULTANT has-submitted all De!iverab!es, including, without limitation, plans, specifications, and cost opinions which have been approved by the project manager. 5.2.2 Payment of the Additional ServiCes will be made in monthly progress payments for services rendered, within thirty (30) days of submission, in triplicate, of such requests. 6 961015 syn 0071055 5.2.3 No deductions will be made from CONSULTANT’~~ .compensation on account of penalties, liquidated damages, or other sums withheld by CITY from payments to general contractors. SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS 6.1 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic Services and Additional Services pertaining to the Project 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 wil! 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 Counci! members, officers, employees and agents, from any and al! demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused- by or arising out of CONSULTANT’s, its officers’, agents’, consultants’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONSULTANT in the performance of or failure to perform its obligations under this Contract. SECTION 8.WAIVERS 8.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract or of the provisions of any ordinance or law will not be deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or law or of any subsequent .breach or violation of the same or of any other covenant, term, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder wil! 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. 961015 syn 0071055 7 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.INSUP~INCE 9.1 CONSULTANT, at its sole cost and expense, will obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not 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 du~ring the term of this Contract, identical insurance coverage, naming CITY as an additional 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 the CITY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer’s liability, and professional liability insurance. Current certificates of such insurance will be kept on file at all times during 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. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of. the Services performed under this Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION I0. WORKERS’ COMPENSATION i0.i CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake sel~-insurance in accordance with the provisions of that Code, and certifies that 8 961015 syn 0071055 it will comply with such provisions, as applicable, commencing the performance of the Project.before~ PROJECT SECTION Ii TERMINATION OR SUSPENSION OF CONTRACT OR II.i The city manager may suspend the execution of the Project, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services.- Upon receipt of such notice, CONSULTANT will immediately discontinue its performance under this Contract. 11.2 CONSULTANT may terminate this Contract or suspend its execution of the Project by giving thirty (30) days’ prior written notice thereof to CITY, but only in .the event of a substantial failure of performance by CITY or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of Basic Services or the execution of the Project. 11.3 Upon such suspension or termination by CITY, CONSULTANT will be compensated for the Basic 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, approval of CITY’s City Council. If this Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to 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. 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 9 961015 syn 0071055 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 al! 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 hereunder will be given, in writing, and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 14.CONFLICT OF INTEREST 14.1 In accepting this Contract, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 14.2 CONSULTANT further covenants that, in the performance of this Contract, it will not employ contractors or persons having such an interest mentioned above. CONSULTANT certifies that no one who has or will have any financial interest under this Contract is an officer or employee of CITY; this I0961015 syn 0071055 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 be made in the employment of persons under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONSULTANT agrees to meet all requirements of the Palo Alto Municipa! Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "D" 15.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as follows: "[Name of Provider] will provide CONSULTANT with a certificate stating that [Name of Provider] is currently in compliance with al! Federal and State of California laws covering nondiscrimination in employment; that [Name of Provider] will pursue an affirmative course of action asrequired 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." 15.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to discrimination, as damages for breach of contract, or both. 0nly a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. 15.4 If CONSULTANT is found in default of the nondiscrimination provisions of this Contract or the applicable Affirmative Action Guidelines pertaining to this Contract, CONSULTANT will be found in material breach of this Contract. Thereupon, CITY will have the power to cance! 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 ii961015 syn 0071055 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 CONSULTANT represents and warrants that it has knowledge of the requirements of the federal Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONSULTANT will comply with or ensure by its advice that compliance with such provisions wil! be effected pursuant to the terms of this Contract. 16.2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. 16.3 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 16.4 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in -the County of Santa Clara, State of California. 16.5 The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. 16.6 This document represents the entire and integrated Contract between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 16.7 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 16.8 The covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants, as the case may be, of the parties. 16.9 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force &nd effect. 12961015 ~n~71055 16.10 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 16.11 This Contract may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 16.12 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16.12 wil! 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 Public Works CH2M HILL, INC. Taxpayer’s I.D. No. 59-0918189 Deputy City Manager, Administrative Services Risk Manager Attachments:EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C" : EXHIBIT "D" : SCOPE OF PROJECT &TIME SCHEDULE RATE SCHEDULE INSURANCE NONDISCRIMINATION COMPLIANCE FORM 13 961015~n~71055 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ~) COUNTY OF ~ C_~(~Jg._)) ss. On O~ \5 , 1996, before me, ~Ck4~b4 ~~ , a Notary Public in a~d for said County an@ State, personally appeared ~LL~ O1~O~~. , personally known to me or proved to me on the basis of satisfactory evidence to be the person~s~ whose name~s~ is/~-e subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/~ authorized capacity~i~), and that by his/hcr/thcir 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. S ature of Notary Public 961015 syn 0071055 14 EXHIBIT "A" Scope of Work The City of Palo Alto (City) is located on the San Francisco Peninsula, at the southwestern end of San Francisco Bay. The City owns and maintains storm drain facilities throughout the City. A Master Plan was prepared in 1993 to identify capacity improvements to the storm drain system for areas of the City where the current system is either deficient or non- existent. A Condition Assessment was conducted in 1993 to identify deficiencies in the existing storm drain system components and recommend appropriate repairs. The City has decided to improve the drainage in Barron Park area, identified as a high-priority area in the Master Plan, and to correct existing drainage deficiencies scattered throughout the City as identified in the Condition Assessment Report. CH2M HILL shall provide the following engineering services for the Barron Park Storm Drain Project and the Storm Drain System Rehabilitation Project. Barron Park Storm Drain Improvement Project The Barron Park Storm Drain Improvement Project shall be a separate comprehensive construction project including the construction of new storm drain systems, replacement/repair of existing systems and correction of chronic localized flooding problems in the Barron Park neighborhood. It is important to the residents to correct the drainage deficiencies in this neighborhood in a single contract and only disturb Barron Park once. There shall be four major tasks required to complete this work: ¯Task A.1 Project Management ¯Task A.2 Project Definition/Neighborhood Coordination ¯Task A.3 Design Development ¯Task A.4 Construction Document Preparation Task A.1 Project Management CONSULTANT shall provide project management for the Barron Park Storm Drain Improvement Project. The project manager shall be responsible for managing the consultant team, providing the resources to complete the job, monitoring the project budgets and schedule, conducting project team meetings, implementing the quality assurance/quality control programs and communicating with the City and regulatory agencies. Project Meetings CONSULTANT shall have a kickoff meeting with the City at the beginning of the project and three subsequent meetings after receipt of review comments on the construction documents. Meeting minutes shall be prepared by CONSULTANT and distributed after each of these meetings. ~G/J:\WORK~135333.D1~ARRON-1.DOC -1 SCOPE OF WORK Project Schedule A project schedule is attached as a part of this scope of work. CONSULTANT shall provide the City with an updated design schedule after the completion of the design development phase of work. Monthly Project Status Report and Invoice A brief project status report summarizing the major elements of work and milestones achieved shall be prepared along with the monthly invoices. Each monthly invoice shall show a breakdown of hours and charge rates based on an hourly rate schedule for each individual by task. Subconsultant invoices, summaries of expenses by category and invoices for drilling services shall be provided. The budget is based on a project duration of 8 months. If the project extends beyond 8 months, the preparation of monthly invoices will be considered as additional service. Project Coordination CONSULTANT shall coordinate with the City, regulatory agencies, local jurisdictions and the subconsultant throughout the project. Copies of all external correspondence will be distributed to the City. CONSULTANT shall inform the City of any adjustments to scope or cost of the project prior to completing the work, and shall not proceed with out-of-scope items of work until CONSULTANT receives written authorization from the City. Task A.2 Project DefinitiontNeighborhood Coordination Engineering services for th~ Project Definition And Neighborhood Coordination task shall consist of: reviewing the recommended improvements in the Storm Drain Master Plan; Condition Assessment and Barron Park Drainage and Street Design Guidelines; assisting staff with a neighborhood public meeting; and identifying and compiling a list of chronic localized drainage deficiencies, as described below. Review of Docurnents/Project Definition CONSULTANT shall review the recommendations for improvements in the Barron Park area and develop a list of feasible alternatives. These alternatives shall be discussed with the City. The alternatives shall include suggested pipeline alignments, installation methods, and identification of preliminary construction impacts. Preliminary plans indicating alignment and pipe sizes shall be prepared prior to the public meeting. Assist City with Public Meeting CONSULTANT shall assist the City with preparation of the project presentation to the Barron Park neighborhood. CONSULTANT shall hold one strategy meeting with the City and provide the City with recommendations for the structure of the meeting, graphics and exhibits. The City will be responsible for sending out notices for the meeting, scheduling a location and meeting logistics. CONSULTANT shall prepare two exhibits (one based on an aerial provided by the City, and one indicating street cross sections) for presentation at the initial public meeting. CONSULTANT shall provide technical data regarding the proposed work and identify the potential construction impacts. sJUJ:\WORK~135333.D I~ARRON-1 .DOC 2 Sco~E OF WORK The goal of the public meeting will be to solicit input on the proposed improvements and identify additional chronic ponding areas. CONSULTANT shall send two project team members to the public meeting (Project Manager and Project Engineer). CONSULTANT shall update exhibits based on the information obtained from the first meeting and further analysis. One follow-up meeting will be held after the design development phase of work to present the results of the analysis to the Barron Park community. Meeting summaries prepared by the CONSULTANT will be distributed to the project team. Identify/Compile List of Chronic Local Drainage Deficiencies CONSULTANT shall assist the City in compiling a list of areas requiring drainage improvements in the Barron Park neighborhood. This information shall be collected at the Public meeting, by reviewing previous neighborhood surveys, by field inspection and by discussions with City staff, including Public Works Operation Division personnel. The deliverable will be a list of areas of concern that will be further evaluated during the design development stage. Investigation of the documented chronic ponding areas listed below are included in this scope of work: ¯Rincon Circle ¯Manzana Lane @ Los Robles ¯Laguna Ave. @ Los Robles ¯La Calle @ Barron Ave. ¯Josina Ave./Barron Ave. ¯Military Way/Magnolia Drive Other currently under documented drainage problem areas will be identified as part of this task. Task A.3 Design Development CONSULTANT shall work with the City during the design development phase to finahze the recommended storm drain improvements. Engineering services to be provided include collection of data, development of the trunk line alignment, verification of pipe sizes by hydraulic modeling, recommended rehabihtation treatments, location of collector pipes and drain inlets, and initiation of the environmental permits and approvals with the regulatory agencies as described below. Collect/Review Utility/ROW Data The City will provide electronic files (AUTOCAD Version 12) to CONSULTANT with information on the City Right-of-Way (ROW) and City utilities for those streets affected by the project. The CONSULTANT shall collect additional ROW information and other utility data and perform field review to verify facilities. Develop Pipeline Alignment The proposed alignments of the trunk storm drain lines indicated in Attachment A were developed as the a part of the Storm Drain Master Plan. The alignments were:schematic in SJUJ:\V,~DRK~135333.D I~BAR RON- 1 .DOC 3 SCOPE OF WORK nature showing the location of need and the probable size of pipe required, for planning purposes. CONSULTANT will recommend aligrunents for trunklines and collector pipes and indicate location of drain irdets. The trunk line and collector pipes shall be located to minimize ROW impacts and impacts to other City utilities as much as possible. CONSULTANT shall coordinate with Palo Alto Union School District on the alignment of the Orme Street trunkline. CONSULTANT shall allow for up to 1,200 feet of new collector storm drain pipe improvements connecting into the trunk lines. Hydraulic Modeling Once an aligru’nent has been determined and an initial slope of the pipeline has been calculated, CONSULTANT shall run a hydraulic model to verify the pipe sizes for the new pipelines. CONSULTANT will run one model for each of the two proposed storm drain systems to be constructed in Barron Park: ¯La Donna System ¯Orme System Develop Pipeline Rehabilitation Recommendations CONSULTANT shall review previous rehabilitation recommendations indicated in Attachment B and develop final recommendations which are cost effective and have a proven performance. CONSULTANT shall review conditions assessment report, videotapes, and master plan document and perform hydraulic capacity analysis to verify recommendations. CONSULTANT shall recommend the type of rehabilitation most feasible to proceed into final design. CONSULTANT shall attempt to use trenchless pipeline replacement whenever feasible~ Develop Recommendations for Chronic Ponding Areas CONSULTANT shall review identified chronic ponding areas and develop recommendations for improving the ponding areas. Preliminary cost opinions will be prepared so the City can prioritize and select which improvements to incorporate into the final construction document package. Because all of the potential chronic ponding areas have not been identified, the total level of effort required to complete this task for Barron Park can not be accurately determined at this time. Therefore a. budget amount of $7,500 has been allotted for this task. The CONSULTANT shall notify the City when approximately 60 percent of this budgeted amount is spent and provide an estimate of the effort required to complete this task. The budget for this task will not be exceeded without prior approval of the City. Preliminary Design of Outfall Structure CONSULTANT shall provide a new outfall structure at Matadero Creek similar to the outfal! currently located at Matadero Avenue and Whitsell Street. The outfall structure shall be incorporated into the existing SCVWD access ramp and slope protection with minimal impact to the existing condition. The limits of the sacked concrete removal and bank stabilization will be limited to the extent required for the installation of the new storm drain outfall. Slope stabilization S, JC/J:\WORK~135333.D I~ARRON- 1,DOC 4 SCOPE OF WORK improvements and/or revegetation within the creeks will be considered as additional services. Develop Water Quality Features CONSULTANT shall evaluate water quality features such as screens at inlets and infiltration manholes. Preliminary cost opinions shall be developed so the City can prioritize and select which features to incorporate into the final construction document package. Additional investigation of existing features is not required as a part of this task. Task A.4 Construction Document Preparation Upon receiving approval from the City on the final storm drain system design recommendations, CONSULTANT shall begin the preparation of the construction documents. Engineering services for this phase of work shall include surveying and mapping, geotechnical exploration, utility coordination, and preparation of construction documents with plans, specifications and estimates for the storm drain improvements in Barron Park. Surveying and Mapping The City shall provide field Control for the Barron Park drainage improvement including horizontal and vertical control based on the coordinates from the electronic files. If the City cannot provide control points based upon the citywide control system, local project control will be developed by the CONSULTANT based on the horizontal and vertical control of existing features such as manholes indicated in the AUTOCAD system. The City will provide planimetric files at 1"=40 scale in an electronic format (AUTOCAD Version 12) to CONSULTANT to use as base sheets for the project. The CONSULTANT shall coordinate with the City to develop separate layering systems for each of the features from the ALTTOCAD system. The CONSULTANT provide AUTOCAD final deliverables to the City at the completion of the project. CONSULTANT shall field locate existing surface improvements, including centerline and edge of pavement, flow line in drainage swales along the streets with proposed storm drain improvements, top of curb elevations near conforms, rims and inverts of manholes and drain inlets, and top and toe of Matadero Creek near the proposed outfall structure. A Caltrans encroachment permit shall be prepared by the CONSULTANT to gather field survey information along E1 Camino Real, if required. Field surveying for the rehabilitation pipelines will be limited to gathering invert data for the existing pipelines and other field data sufficient to develop construction documents for the pipes to be replaced. Full field topography indicating all features within ROW will not be collected. The City will provide electronic files to be used as base sheets for the rehabilitated pipeline systems. A budget of $4,000 has been allocated to collect survey information for the chronic ponding areas in Barron Park. After identification of the problem areas and recommendations for improvements are developed, the CONSULTANT shall provide an updated fee estimate for the cost of providing additional survey information for these areas if required. SJUJ:\WOR~135333.D I~BARRON-1 .DOC 5 SCOPE OF WORK Plats and descriptions required for easements for new pipelines will be considered as an additional service. Geotechnical Exploration CONSULTANT shall perform a subsurface exploration along the proposed storm drain improvements to define subsurface conditions. The subsurface exploration shall consist of three borings (2 along La Donna system and one along Orme system) of approximately 15 feet in depth and one boring at the outfall structure 30 feet in depth. If additional borings are required for jacking pit recommendations for the rehabilitated pipelines it will be considered as an additional service. This scope of services assumes there will be no fees required for boring permits and the City will issue an encroachment permit with no fee. The traffic control during the subsurface exploration will consist of placement of traffic cones and basic construction area signs around the drilling rig. This scope of services does not include preparation of traffic control plans or providing any additional flaggers during drilling operations. Laboratory testing shall be performed on selected samples to evaluate the physical properties of the soil (moisture content, grain size analyses, plasticity indices). This information shall be used for dewatering, trench backfill recommendations and outfall structure design. The results from the testing will be summarized in a technical memorandum to be used as input for construction documents. No geotechnical borings are included for the chronic ponding areas at this time. After identification of the problem areas and recommendations for improvements are developed, the CONSULTANT shall prepare a scope and fee for the cost of providing additional geotechnical information for these areas. The City will provide a location for disposal of the soil material from the subsurface exploration. The City will provide the CONSULTANT with coring information on the existing pavement and will specify the structural section for the trench restoration for inclusion in the specifications. Prepare Environmental Permits/Documentation Several jurisdictional agencies will be involved with the approval of the project. The storm drain outfalls into Matadero Creek and Barron Creek will require permits from several agencies. CONSULTANT.shall prepare a single permit application to cover both outfalls for each agency listed below: ¯SCVWD Encroachment Permit ¯CDF&G Streambed Alteration Permit ¯USACE Nationwide’Outfall Permit SJUJ:\WORkn,135333.D I~ARRON-1 .DOC 6 SCOPE OF WORK CONSULTANT shall prepare permit applications and prepare drawings and calculations required as a part of the applications on behalf of the City. The City shall be responsible for all application fees associated with the permits. CONSULTANT shall prepare an initial study checklist to obtain project approval. Utility Coordination CONSULTANT shall review as-builts for the existing utilities. CONSULTANT shall coordinate with other utilities during the design of the storm drain improvements. CONSULTANT shall locate the existing utility lines and structures on the plans and profile sheets at pipe crossings. Profiles of other utilities not expected to be in conflict with the storm drain are not included in this scope of work. Potholing will be required to verify the location of utilities at critical locations. The City will be responsible for all fees associated with nondestructive potholing services. CONSULTANT shall identify potential conflicts and these conflicts shall be resolved by either adjusting the storm drain alignments or relocating the utility. CONSULTANT shall notify utility owners of the status of the project so that conflicting utilities can be relocated as a part of the project. Relocation and design of gas, telephone, cable, and electric utilities in conflict with the storm drain improvements will be completed by the owners of the utility. Water and sanitary sewer design and relocations shall be incorporated into the construction documents by the CONSULTANT based on standard details provided by the City. ’ Construction Documents CONSULTANT shall prepare construction documents for the City and other agencies and utility owners to review at the 35 percent, 65 percent and 95 percent stages. The construction document package shall include a title sheet with general notes and abbreviations, plan and profile sheet for the new trunk storm drain lines (including aerial photo provided by the City), plan and profile for the rehabilitation projects, civil details for drainage features rehabilitation, trench sections and surface restoration. The development of the plans for the chronic ponding areas will be considered as an additional service once CONSULTANT have identified the type and number of improvements to be incorporated into the plans. Following each submittal, the CONSULTANT shall meet with the City to discuss review comments. The submittal schedule will be as follows: 35 Percent Submittal--This submittal shall include the basis of control for the plans; location of existing utilities; alignment of pipelines; the major project features indicating the recommended treatment from the design development phase of work; and outline of the specifications. 65 Percent Submittal--This submittal shall include plan and profile of the pipelines; location of drain inlets, valley gutters, curb and gutter; outfall structure plan; water quality features and chronic ponding improvements; standard details; standard specifications. Comments from the 35 percent submittal will be incorporated into the sJUJ:\WORK~135333.D I~ARRON- 1,DOC 7 SCOPE OF WORK plans and specifications. Drainage and civil details will still be in the development stage. 95 Percent Submittal--This submittal shall include completed but unchecked plans and specifications. Comments from the 65 percent submittal will be incorporated into the plans and specifications. Unfinished work shall be limited to minor completion of details and to changes and corrections required by the City and resulting from checking and quality assurance reviews. Plans will be prepared on 24" x 36 " size drawings at 1"=40 scale in English units. CONSULTANT shall submit six copies of the plans full size and six sets of specifications to the City for each submittal. The final deliverable will be one full size signed and stamped set of reproducible drawings along with an electronic file (AUTOCAD Version 12). CONSULTANT bhall provide the City with one copy of specifications and a complete set of three mil minimum thickness, single matte, good quality transparent mylar drawings of the Project, as-built (hereafter referred to as "Record Drawings"). Mylars may be produced using the electrostatic method or the photographic "fixed line" process with reverse printing. Diazo (Ammonia) process drawings are not acceptable. In addition, CONSULTANT shall furnish City with copies of all design calculations and similar documents. CONSULTANT anticipates a total of twelve sheets for the new storm drain and rehabilitated pipeline improvements: ¯Title sheet/Abbreviation/Legend (1 sheet) ¯Whitsell/Kendall/La Donna System (2 Plan and Profile sheets) ¯Orme St./Coulombe Dr. System (2 Plan and Profile sheets) ¯1,200’ of Collector Pipe (1 Plan and Profile Sheet) ¯Rehabilitation Systems (3 Plan and Profile sheets) ¯Civil Details (3 sheets) The specifications shall be in a modified CSI format similar to the Everett Ave./Hawthorne Ave. specification package and shall include the preparation of the technical specifications as well as the general requirements (Divisions 1-16). The City shall provide the General Bidding and Contract Requirements (Division 0) for inclusion in the Specifications document. Appropriate City of Palo Alto Standard Drawings shall be located in the Appendix of the specifications. Final construction documents shall be signed and stamped and provided to the City for reproduction and distribution to prospective bidders on the project. The City shall be responsible for final assembly and distribution of bid documents and the bid solicitation. A cost opinion shall be prepared for each submittal for the City to review. CONSULTANT shall provide most probable cost of construction estimate based on recent data available from similar projects. Bidding Assistance CONSULTANT shall assist City during the bidding period by providing clarification for questions by contractors and reviewing addenda prepared by the City. sJUJ:\WORK~135333.Dl~ARRON- 1 .DOC 8 SCOPE OF WORK Storm Drain System Rehabilitation Project The Storm Drain System Rehabilitation Project shall be a separate construction project addressing the replacement/repair of existing storm drain pipe deficiencies, including damaged system components and correction of chronic ponding areas, at locations throughout the City. There shall be three major tasks required to complete this work: ¯Task13.1Project Management ¯Task 13.2 Design Development ¯Task 13.3 Construction Document Preparation Task B.1 Project Management CONSULTANT shall provide project management for the System Rehabilitation Project. The project manager shall be responsible for managing the consultant team, providing the resources to complete the job, monitoring the project budgets and schedule, conducting project team meetings, implementing the quality assurance/quality control programs and communicating with the City and regulatory agencies. Project Meetings CONSULTANT shall have a kickoff meeting with the City at the beginning of the project and three subsequent meetings after receipt of review comments on the construction documents. Meeting minutes shall be prepared by CONSULTANT and distributed after each of these meetings. Project Schedule A project schedule is attached as a part of this scope of work. CONSULTANT shall provide the City with an updated design schedule after the completion of the design development phase of work. Monthly Project Status Report and Invoice A brief project status report summarizing the major elements of work and milestones achieved shall be prepared along with the monthly invoices. Each monthly invoice shall show a breakdown of hours and charge rates based on an hourly rate schedule for each individual by task. Subconsultant invoices, summaries of expenses by categories and invoices for drilling services shall be provided. The budget is based on a project duration of 8 months. If the project extends beyond 8 months, the preparation of monthly invoices will be considered as an additional service. Project Coordination CONSULTANT shall coordinate with the City, regulatory agencies, local jurisdictions and the subconsultant throughout the project. Copies of all external correspondence will be distributed to the City. CONSULTANT shall inform the City of any adjustments to scope or cost of the project prior to completing the work, and shall not proceed with out of scope items of work until CONSULTANT receives written authorization from the City. sJC/J:\WOR~135333.Dl~ARRON- 1.DOC 9 SCOPE OF WORK Task B.2 Design Development CONSULTANT shall work with the City during the design development phase to develop recommendations for the system rehabilitation projects and chronic ponding areas. Engineering services to be provided include collection of data, development of recommendations for pipeline rehabilitation and the chronic ponding areas and identification of environmental permits. Collect/Review Utility/ROW Data The City will provide electronic files (ALFfOCAD Version 12) to CONSULTANT with information on the City ROW and City utilities for those streets affected by the project. The CONSULTANT shall collect additional ROW information and other utility data and perform field review to verify the facilities for both the areas requiring rehabilitation and identified as chronic ponding areas. Develop Rehabilitation Recommendations CONSULTANT shall visit sites of the proposed improvements indicated in Attachment B and provide an assessment of the condition of the storm drain system and whether rehabilitation or replacement is required. CONSULTANT shall review existing video tapes of pipeline conditions and evaluate the feasibility of the recommended options. CONSULTANT shall review previous recommendations and evaluate other feasible alternatives for pipeline rehabilitation and recommend improvements to be developed into the final construction documents. Develop Chronic Ponding Recommendations CONSULTANT shall develop recommendations for the chronic ponding areas. Engineering services shah include gathering and reviewing existing data, meeting with City staff, evaluating alternative pipeline aligTLrnents, hydraulic capacity analysis, and developing recommendations for improvements to the chronic ponding areas. CONSULTANT shall perform hydraulic analysis to verify the pipe sizes for the chronic ponding areas based on the rational method. CONSULTANT shah review chronic ponding areas and develop recommendations for improving the ponding areas. Alignments for the proposed improvements will be shown on base sheets provided electronically by the City which indicate ROW and utilities at 14 !ocations indicated: ¯Civic Center Basement Pump ¯Portage Avenue/Ash Street ¯Higgins Place ¯Clara Street ¯Matadero Creek Outfalls ¯Middlefield Road ¯West Charleston ¯Crescent Park ¯Southbound Alma Street ¯Country Club Court SJUJ:\WORK~135333.D1"~ARRON- 1.DOC 10 SCOPE OF WORK ¯Alexis Drive ¯Manuela Drive ¯San Antonio Road ¯East Bayshore Road Preliminary cost opinions will be prepared so the City can prioritize and select which improvements to incorporate into the final construction document package. Because the extent of the ponding and scope of the solution at each location has not yet been determined for the system rehabilitation project, the total level of effort required to complete this task can not be accurately determined at this time. Therefore a budget amount of $20,000 has been allotted for this task. The CONSULTANT shall noti~ the City when approximately 60 percent of this budgeted amount is spent and provide an estimate of the effort required to complete this task. The budget for this task will not be exceeded without prior approval of the City. Work associated with this contract will be considered maintenance work and therefore does not require any environmental document preparation. Task B.3 Construction Document Preparation Upon receiving approval from the City on the final storm drain system design recommendations, CONSULTANT shall begin the preparation of the construction documents. Engineering services for this phase of work shall include surveying and mapping, geotechnical exploration, utility coordination, and preparation of construction documents with plans, specifications and estimates for the system rehabilitation improvements. Surveying and Mapping The City shall provide field control for the system rehabilitation storm drain improvements including horizontal and vertical control based on the coordinates from the electronic files. If the City cannot provide control points based upon the citywide control system, local project control will be developed by the CONSULTANrT based on the horizontal and vertical control of existing features such as manholes indicated in the AUTOCAD system. The City will provide planimetric files at 1"=40 scale in an electronic format (AUTOCAD Version 12) to CONSULTANT to use as base sheets for the project. The CONSULTANT shall coordinate with the City to develop separate layering systems for each of the features from the AUTOCAD system. The CONSULTANT provide AUTOCAD final deliverables to the City at the completion of the project. CONSULTANT shall field locate existing surface improvements, top of curb elevations near conforms, rims and inverts of manholes and drain inlets. A Joint Powers Board (JPB) encroachment permit shall be prepared by the CONSULTANT to gather field survey information along JPB right-of-way and Alma Street if required. A budget of $6,000 has been allocated to collect survey information for the chronic ponding areas. After identification of the problem areas and recommendations for improvements are developed, the CONSULTANT shall provide an update, d fee estimate for the cost of providing additional survey information for these areas if required. SJc/J:\WOR~135333.D1~ARRON- 1.DOC"11 SCOPE OF WORK Plats and descriptions required for easements for new pipelines will be considered as an additional service. Preparation of a railroad permit for construction improvements along Alma Street near the JPB ROW shall be considered as an additional service. Geotechnical Exploration CONSULTANT shall perform a subsurface exploration for the proposed storm drain improvements to define subsurface conditions. The subsurface exploration shall consist of four borings (to a maximum depth of 15 feet) to be determined during the Design Development Task. CONSULTANT shall use existing geotechnical data when available. This scope of services assumes there will be no fees required for boring permits and the City will issue an encroachment permit with no fee. The traffic control during the subsurface exploration will consist of placement of traffic cones and basic construction area signs around the drilling rig. This scope of services does not include preparation of traffic control plans or providing any additional flaggers during drilling operations. If additional borings are required for jacking pit recommendations for the rehabilitated pipelines it will be considered as additional services. Laboratory testing shall be performed on selected samples to evaluate the physical properties of the soil (moisture content, grain size analyses, plasticity indices). This information shall be used for dewatering and trench backfill recommendations. The results from the testing wil.1 be surnrnarized in a technical memorandum to be used as input for construction documents. No geotechnical borings are included for the chronic ponding areas at this time. After identification of the problem areas and recommendations for improvements are developed, the CONSULTANT shall prepare a scope and fee for the cost of providing additional geotechnical information for these areas. The City will provide a location for disposal of the soil material from the subsurface exploration. The City will provide the CONSULTANT with coring information on the existing pavement and will specify, the structural section for the trench restoration for inclusion in the specifications. Utility Coordination CONSULTANT shall review as-builts for the existing utilities. CONSULTANT shah coordinate with other utilities during the design of the storm drain improvements. CONSULTANT shah locate the existing utility lines and structures on the plan and profile sheets at pipe crossings. Profiles of other utilities not expected to be in conflict with the storm drain improvements are not included in this scope of work. Potholing will be required to verify the location of utilities at critical locations. The City will be responsible for all fees associated with nondestructive potholing services. CONSULTANrT shall identify potential conflicts and these conflicts shall be resolved by either adjusting the storm drain alignments or relocating the utility. CONSUL~ANT shall s~c/J:\WORK~135333.D 1 ~BARRON - 1.DOC 12 SCOPE OF WORK notify utility owners of the status of the project so that conflicting utilities can be relocated as a part of the project. Relocation and design of gas, telephone, cable, and electric utilities in conflict with the storm drain improvements will be completed by the owners of the utility. Wate~ and sanitary sewer design and relocations shall be incorporated into the construction documents by the CONSULTANT based on standard details provided by the city. Construction Documents CONSULTANT shall prepare construction documents for the City and other agencies and utility owners to review at the 35 percent, 65 percent and 95 percent stages. The construction document packageshall include a title sheet with general notes and abbreviations, plan and profile sheet for the rehabilitation projects, (including aerial photo provided by the City) civil details for drainage feature rehabilitation, trench sections and surface restoration. The development of the plans for the chronic ponding areas will be considered as an additional service once CONSULTANT have identified the type and number of improvements to be incorporated into the plans. Following each submittal the CONSULTANT shall meet with the City to discuss review comments. The submittal schedule will be as follows: 35 Percent Submittal - This submittal shall include the basis of control for the plans; location of existing utilities; alignment of pipelines; the major project features indicating the recommended treatment from the design development phase of work; and outline of the specifications. 65 Percent Submittal - Thig submittal shall include plan and profile of the pipelines; chronic ponding improvements~ standard details; standard specifications. Comments from the 35 percent submittal will be incorporated into the plans and specifications. Drainage and civil details will still be in the development stage. 95 Percent Submittal - This submittal shall include completed but unchecked plans and specifications. Comments from the 65 percent submittal will be incorporated into the plans and specifications. Unfinished work shall be limited to minor completion of details and to changes and corrections required by the City and resulting from checking and quality assurance reviews. Plans will be prepared on 24" x 36 " size drawings at 1"=40 scale in English units. CONSULTANT shall submit six copies of the plans full size and six sets of specifications to the City for each submittal. The final deliverable will be one full size signed and stamped set of reproducible drawings along with an electronic file (AUTOCAD Version 12). CONSULTANT shall provide the City with one copy of specifications and a complete set of three mil minimum thickness, single matte, good quality transparent mylar drawings of the Project, as-built (hereafter referred to as "Record Drawings"). Mylars may be produced using the electrostatic method or the photographic "fixed line" process with reverse printing. Diazo (Ammonia) process drawings are not acceptable. In addition, CONSULTANT shall furmsh City with copies of all design calculations and similar documents. SJC2J:\WORKl135333.DlkBARRON~ 1.DOC 13 SCOPE OF WORK CONSULTANT anticipates a total of 14 sheets for the new storm drain and rehabilitated pipeline improvements: ¯Title sheet/Abbreviation/Legend (3 sheet) ¯Rehabilitation System Plan and Profile (8 sheets) ¯Civil Details (3 sheets) The specifications shall be in a modified CSI format similar to the Everett Ave./Hawthorne Ave. specification package and shall include the preparation of the technical specifications as well as the general requirements (Division 1-16). The City shall provide the General Bidding and Contract Requirements (Division 0) for inclusions in the specifications document. Appropriate City of Palo Alto Standard Drawings shall be located in the Appendix of the specifications. Final construction documents shall be signed and stamped and provided to the City for reproduction and distribution to prospective bidders on the project. The City shall be responsible for final assembly and distribution of bid documents and the bid solicitation. A cost opinion shall be prepared for each submittal for the City to review. CONSULTANT shall provide most probable cost of construction estimate based on recent data available from similar projects. Bidding Assistan0e CONSULTANT shall assist City during the bidding period by providing clarification for questions by Contractors and reviewing addenda prepared by the City. Additional Services Additional services include expansion or modification to services provided in this scope of work. The additional services are broken down by phase of work and approximate fees are provided where possible. Project Management The CONSULTANT fee for attendance at any additional meetings beyond those indicated in this scope of workwill be approximately $800. The CONSULTANT fee for any additional design schedule updates will be approximately $300. If either project extends beyond 8 months, the preparation of monthly invoices will be considered as additional service. Neighborhood Coordination The CONSULTANT can supply additional services for the public outreach and public meetings as requested. Newsletters and mailings of meeting summaries will be considered as additional services. Any additional public meetings of similar level of effort will cost approximately $3,500. sJC/J:\WORKM 35333.DI~ARRON- 1.DOC 14 SCOPE OF WORK Design Development Additional hydraulic modeling of new pipes beyond those listed in this scope of work will be approximately $4,000/model run. Verification of rehabilitated pipe sizes for pipes less than 24 inches in diameter will be approximately $3,000/model run. If pipes are larger than 24 inch and located in lower basin where severe flooding occurs, a specific fee will be negotiated to evaluate the system. If the City would like to update the City model with the new improvements, a specific fee will be negotiated for the work. Because all of the potential chronic ponding areas have not been identified, the total level of effort required to complete this task for Barron Park can not be accurately determined at this time. Therefore a budget amount of $7,500 has been allotted for this task. The CONSULTANT shall notify the City when approximately 60 percent of this budgeted amount is spent and provide an estimate of the effort required to complete this task. The budget for this task will not be exceeded without prior approval of the City. Because the extent of the ponding and scope of the solution at each location has not yet been determined for the system rehabilitation project, the total level of effort required to complete this task can not be accurately determined at this time. Therefore a budget amount of $20,000 has been allotted for this task. The CONSULTANT shall notify the City when approximately 60 percent of this budgeted amount is spent and provide an estimate of the effort required to complete this task. The budget for this task will not be exceeded without prior approval of the City. Slope stabilization improvements and/or revegetation within the creeks will be considered as an additional service. Construction Document Preparation The total level of effort required to provide geotechnical investigation, surveying, and preparation of construction documents for the chronic ponding areas in Barron Park and throughout the rest of the City, can not be accurately determined at this time. Based upon available information, a preliminary budget amount of $35,000 has been allotted for this task. The CONSULTANT shall notify the City when approximately 60 percent of this budgeted amount is spent and provide an estimate of the effort required to complete this task. The budget for this task will not be exceeded without prior approval of the City. Potholing of utilities will be considered as additional services once CONSULTANT identifies the number of areas requiring potholing. The CONSULTANT fee for coordinating and performing potholing services will be approximately $1,000 per pothole. Barron Park A budget of $4,000 has been allocated to collect survey information for the chronic ponding areas in Barron Park. After identification of the problem areas and recommendations for improvements are developed, the CONSULTANT shall provide an updated fee estimate for the cost of providing additional survey information for these areas if required. Plats and descriptions required for easements for new pipelines will be considered as an additional service. SJr_dJ:\WORK~135333.D 1 ~BARRON~ 1.DOC 15 SCOPE OF WORK If additional borings are required for jacking pit recommendations for the rehabilitated pipelines it will be considered as an additional service. No geotechnical borings are included for the chronic ponding areas at this time. After identification of the problem areas and recommendations for improvements are developed, the CONSULTANT shall prepare a scope and fee for the cost of providing additional geotechnical information for these areas. System Rehabilitation Project A budget of $6,000 has been allocated to collect survey information for the chronic ponding throughout the City. After identification of the problem areas and recommendations for improvements are developed, the CONSULTANT shall provide an updated fee estimate for the cost of providing additional survey information for these areas if required. Plats and descriptions required for easements for new pipelines will be considered as an additional service. Preparation of railroad permit for construction improvements along Alma Street near the JPB ROW shall be considered an additional service. If additional borings are required for jacking pit recommendations for the rehabilitated pipelines it will be considered as an additional service. No geotechnical borings are included for the chronic ponding areas at this time. After identification of the problem areas and recommendations for improvements are developed, the CONSULTANrT shall prepare a scope and fee for the cost of providing additional geotechnical information for these areas. Improvements associated with the storm drain systems rehabilitation project are considered as maintenance work and therefore do not require environmental documentation. If City requires assistance in preparing permits or an initial study it will be considered as an additional service. Future Services The following work may be executed upon the CITY’s decision to proceed with the construction of the pipeline construction and pipeline rehabilitation projects. The CITY may amend this Agreement or obtain another consultant to perform the work. The CITY reserves the right to engage a different consultant for the construction administration services described below. Construction Administration Services Construction administration services shall consist of providing engineering support for the City of Palo Alto for both the Barron Park Storm Drain Project and the Storm Drain Rehabilitation Project. A specific scope of work and fee for these services will be negotiated at the completion of the construction document phase of work. Professional services may include review of submittals, clarification of technical requirements, preparation of final record drawings, periodic site visits, and weekly project meetings as described below: SJCJJ:\WORKM 35333,D I~BARRON~ 1 ,DOC 16 SCOPE OF WORK Review of Submittals CONSULTANT shall review shop drawings, contractor submittals, change order requests and test results for conformance with the contract documents. Clarification of Technical Requirements CONSULTANT shall assist the City in interpretation of the technical requirements of the contract documents. If necessary, CONSULTANT shall prepare supplemental sketches for the Contractor to clarify or modify the original contract documents. Any changes to the original contract documents shall be incorporated into the final record drawings to be provided to the City at the completion of the project. Preparation of Final Record Drawings CONSULTANT shall prepare the final record drawings at the completion of the project. The contractor shall provide CONSULTANT with a marked up copy of the plans showing all contract document modifications. Site Visits and Meetings CONSULTANT shall assist the City staff and prepare meeting minutes for the pre- construction and weekly project meetings with the Contractor. Periodic site visits shall be made to the site to observe the progress of the executed work and to determine if the work is generally proceeding in accordance with the construction documents. Site inspection is not included in the fee estimate, but can be provided at the request of the City. Construction Assistance CONSULTANT shall assist the City with the review of construction change orders. CONSULTANrf shall attend final walkthrough of projects with the City. CONSULTANT shall not specify construction procedures, manage or supervise construction, or implement or be responsible for the health and safety procedures; shall not be responsible for acts or omissions of contractors or other parties on the Project; and shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs. SJC/J:\WORK~135333.D1~ARRON-1.DOC 17 ATTACHMENT A BARRON PARK STORM DRAIN IMPROVEMENTS NEW STORM DRAIN TRUNK LINE PIPELINE TO BE REHABILITATED HIGH ATTACHME 0"r. Z Z 0 C C C ~--_ ~C C C C C C ~"C C ~-C C C C C C C C "~- ILl .e- ~.-0 0 ~0,1 0,1 ~-~--0 0 0 0 ~o o o o o o o o o o ~o o ~- C C C r- C ~u ~~1-O,~,~O,O,~-,--~O,O,,--,~O,~o~O,O,~ ~.~6 6 r4"6 6 d~~A r4.A ~r4.d~6 6 6 6 6 ~0 (:D 0 0 0 0 0 0 0 (D 0 ©0 0 0 0 0 0 (D 0 o 0 0 4 @,,4’.6~0 0 0 0 0 ~ 0 d EXHIBIT CH2M HILL 1996 Schedule of Hourly Charges Grade Rate* E7 $141.75 E6 128.00 E5 118.50 E4 110.00 E3 92.00 E2 77.00 E1 67.00 E0 60.00 T5 90.00 T4 73.50 T3 68.75 T2 62.00 T1 50.00 TA 42.00 Office 52.00 *These rates are subject to change December 28, 1996 SJCI135333.D1/RATESCHD.DOC . BAY AREA OFFICE CH2M HIlL 1996 STANDA~ SERVICE CENTER RATES CONFIDENTIAL BUSINESS INFORMATION BINDING (does not include labor) COMMUNICATIONS* HEALTH AND SAFETY $21.35/hr $1.90/labor hr charged to project by EON-EN9 $1.60/labor hr for employees covered by the H&S program COMPIYI’ERS: - Micros and Document Processing - CAD/PCs - Graphic Design Workstation (GDW) - WorkstatiordCAE - Workstation GIS - Workstation CAD (TD40) $8.50/hr $14.50/hr $17.40/hr $34.00/hr $27.80Bar $16.80/hr REPRODUCTION - Production Copiers** - Bond/Vellum 2520 Engr. Copier $.05/copy $.15/sq ft C -Passenger automobiles and station wagons -Pickup trucks and cargo vans $.50/mi or $29.00/day $.64/mi or $41.00/day *This assessment includes all costs for direct telephone/telecommunications, cellular phones, and fax charges. **Rates shown are for production copiers only. Costs for convenience copiers are a part of CH2M H~L’s 1996 general overhead rate. Note (1) Rates are subject to semi-annual adjustment to reflect actual costs in accordance with Federal Cost Accounting Standards Note (2) This is a partial list of CH2M HILL service center rates. A complete list is available from Contracts Administration STD_RATE.XLS 1 -Rev. 1/11/96 Client/Address:KennedyLI enks Consultants Contract/Proposal Date: Schedule of Charges Personnel Compensation Classification Hourly Rate Drafter!Technician .........................................S 57 Designer/Senior Technician .....................................72 Staff Engineer-Scientist .......................................66 Senior Staff Engineer-Scientist ..................................73 Engineer-Scientist ...........................................86 Associate Engineer-Scientist ...................................96 Senior Associate Engineer-Scientist .............................110 Senior Engineer-Scientist .....................................122 Principal Engineer-Scientist ...................................135 Senior Principal ............................................140 Word Processor .............................................48 Non-Technical* . ............................................37 ¯ Non-technical time will be charged only for preparation of technical reports and similar material and does not apply to routine administrative-type activities. The above Hourly Rates include normal and incidental costs such as routine copying, communications, postage and office supplies. Direct Expenses Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus ten percent for items such as: a.Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the ~vork. b.Consultants, soils engineers, surveyors, contractors, and other outside services. c.Rented vehicles, local public transportation and taxis, travel and subsistence. d.Specific telecommunications and delivery charges. e Special fees, insurance, permits, and licenses applicable to the work. f.Outside computer processing, computation, and proprielary programs purchased for the work. Reimbursement for owned automobiles, except trucks and four-wheel drive vehicles, used in connection with the work will be at the rate of 35= per mile. The rate for trucks and four-wheel drive vehicles will be $25 per day and 40= per mile. Reimbursement for use of microcomputers will be at the rate of $10 per hour. Reim6ursement for use of com- puterized drafting systems (CADD) will be at the rate of $20 per hour for microcomputer based systems and $25 per hour for minicomputer based systems. Rate for professional staff for legal proceedings or as expert witnesses will be at a rate one and one-half times the Hourly Rates specified above. In-house laboratory analysis, sampling vehicle, and equipment charges will be per current rate schedule or special quotation. Excise and gross receipts taxes, if any, will be added as a direct expense. Additional processing charges will be added for other than standard invoice backup documentation. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 1996 through December 31, 1996. After December 31, 1996, invoices will reflect the Schedule of Char~jes currently in effect January i. 1996 ,:ODUCER JOHNSON & HIGGINS OF COLORADO, INC. 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 A’I-TN: PAULA DELEON 15114-01234 SFOIM SFO ~URED CH2M HILL, INC. 1111 BROADWAY SUITE 1200 OAKLAND, CA 94607-4046 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANYA COMPANYB COMPANYc ZURICH INSURANCE COMPANY NATIONAL UNION FIRE INSURANCE COMPANY AMERICAN GUARANTEE AND LIABILITY INSURANCE CO. COMPANY ~i~ ~i~,~.~‘.~.~F~~,:~:~.~:~.~.~;~i...;.~.i~.~‘6F~.~i~,~,~i3~‘&.~.‘~~.i~5 ~ ~E I~SURED ~MED ABOVE FOR THE P~LI~’~E~5 ........ INDICATED, NO~ITHSTANDING A~ REQUiREME~, TERM OR CONDITION OF A~ CO~CT OR O~ER DOCUME~ WEH RESPECT TO WHICH THIS CERTIFICATE ~Y BE ISSUED OR ~Y PERTAIN, THE IN8U~NCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS 8U~ECT TO ALL THE TERMS, ~CLUSIONS AND CONDITIONS OF SUCH POUCIE8. LIMES SHOWN MAY HAVE BEEN REDUCED BY PAID C~IMS. ~ ~~ POMCY EFFEC~VE POUCY~I~ON~E OF INSU~NCE POUCY NUMBER DATE (MM~D~DA~ ~M~D~UMI~ GLO8378563 O4/01/96 04/01/97 G~EN ERAL UABIUTY COMMERCIAL GENERAL LIABILITY OWNER’S & CONTRACTOR’S PROTs250,0oo AUTOMOBILE UABIUTY ~ANY AUTO i ALL OWNED AUTOS i SCHEDULED AUTOS I HIRED AUTOS i NON~:}WNED AUTOS BAP8378516 (AOS) TAP8378560 (TX) RAP8378561 (VA) MA8378562 (MA) 04/01/96 04/01/96 04/01/96 04/01/96 04/01/97 04/01/97 04/01/97 04/01/97 GENERAL AGGREGATE $2,000,000 PRODUCTS- COMPiOP AGG I $2,000,00~0 PERSONAL & ADV INJURY I S 750,000 EACH OCCURRENCE / $750,000 FIRE DAMAGE (A~y one fire) t $750,000 MED EXP (Any one person) t S COMBINED SINGLE UMIT $1,000,000 BODILY INJURY(Per pei.T:,on)$ BODILY INJURY(Per ,,ccldent)S PROPERTY DAMAGE GARAGE UABILITY ; ANY AUTO BE3096392 WC8378566 WC8378565 WC8378564 (CA) 04/01/96 04/01/96 04/01/96 04/01/96 04101197 04/01/97 04/01/97 04/01/97 AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 tX ! STATUTORY UM,TS EACH ACCIDENT $1,000,000 DISEASE- F~LICY UMIT i S 1,000,000 DISEASE - EACH EMPLOYEE i S 1,000,000 EXCESS LIABILI’I3" X i UMBRELLA FORM ? OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS’ LIABIUTY THE PROPRIETOR!i Xl {NCLPARTNERS/EXECUTIVEOFFICERS ARE:I I EXCL OTHER :RIPTION OFOPERATIONS/LOCA~ONSNEHICLES~PECIALITEMS (UMIT~MAYBESUBJECTTO RETENTIONS) ~OJECT #: 135333.BI.ZZ; MANAGER: CONNIE EICHHOR~; DESCRIPTION: BARRON PARK STROM DRAIN IMPOVEMENTS AND STORM DRAIN SYSTEM ~HABILITATION - PHASE 2. THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTERESTS MAY APPEAR AS RESPECTS ;TOMOBILE LIABILITY AND AS PER BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY. CITY OF PALO ALTO PURCHASING & CONTRACT ADMIN 250 HAMILTON AVE PALQ ALTO CA 94301 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL BUT FAILURE T~t MAIL SUCH I}I,{)TICE BHALL IMPO’~E’~ NO OBUG~II~N OR LIABILITYo, A.Y PO. THE; OMPM . .TS .E RESE..AT,VES. ~ZURICH-AMERICAN INSURANCE GROUP COMMERCIAL INSURANCE Insurance for thiS coverage p~nl prm, ided by; ZURICH INSURA!~CE COMPANY LIABILITY INSURANCE COVERAGE CHANGE ENDORSEMENT This endorsement changes the policy. Please read it caretully. COMMERCIAL GENERAL LIAB. COVERAGE PART BROAD FORM ADDITIONAL NAMED INSURED A.LL PERSONS, ORGANIZATION OR ENTITIES FOR WHOSE PROTECTIONAND BENEFIT THE NAMED INSURED HAS AGREED TO NAME THEM AS ANADDITIONAL INSURED BY CONTRACT DURING THE TERM’ OF THISPOLICY INDICATING SUCH COVEP~kGE. HOWEVER, INSURANCE WITH R~SPECT TO EACH PERSON, ORGANIZATION OR ENTITY SHALL NOTEXCEED SUCH COVERAGE AND/OR LIMITS OF LIABILITY OF THE NAMEDINSURED. U-GL-113-B CW Page g See r~xt p~ge ~UCER \N GILDER INSURANCE CORPORATION BROADWAY, SUITE 1000 ENVER, COLORADO 80203 114-00005 SFO RED 42M HILL, INC. 11 BROADWAY JITE 1200 SFO THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANYA SECURITY INSURANCE CO OF HARTFORD COMPANY \KLAND, CA 94607-4046 C COMPANYD "HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ;DICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ;ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ~XCLUSlONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POUCY NUMBER POUCy EFFECTIVE POUCY EXPIRATION DATE (MM/DD/YY)DATE (MM/DD/~UMITS .3 EN ERA.L MABIUTY q COMMERCIAL GENERAL UABIUTY ~ CLAIMS MADE ~’--] OCCUR i OWNER’S & CONTRACTOR’S PROT kUTOMOBILE UABIUTY -’]ANY AUTO---4J ~L OWNED AUTOS I SCHEDULED AUTOS I HIR~D AUTOS I NON-OWNED AUTOS ~ARAGE UABIUTY ANY AUTO ~CESS UABlUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM ~’ORKERS COMPENSATION AND M PLOYERS’ UABIUTY "-{E PROPRIETOFV ~ ~l-’-~ INCL iARTNERS/EXECUTIVE ’=FICERS ARE:1 I EXCL THER 3ROFESSIQNAL 04/01/96 05/01/97 GENERAL AGGREGATE PRODUCTS - COMPfOP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) $ $ $ $ $ $ COMBINED SINGLE UMIT BODILY INJURY(Per person) BODILY INJURY(Per 8ccident} PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH O(X;URRENCE AGGREGATE J STATUTORY UMITS EACH ACCIDENT DISEASE - POUCY UMIT $ DISEASE - EACH EMPLOYEE $ $ $ $ $ $ $ $1,000,000 EACH CLAIM AND IN THE AGGREGATE ~TION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS (UMITS MAY BE SUBJECT TO RETENTIONS) .... ECT #: 135333.BI.ZZ; MANAGER: CONNIE EICHHORN; DESCRIPTION: BARROH PARK STROH DRAIN IMPOVEMENTS AND STORM DRAIN SYSTEM ,£1LITATION - PHASE 2. PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED tJITHIN THE POLICY :IOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT gILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. ._. . .,.........,.,.......-.............. ........ . .............. , ................ ::,.,:::::::. : ............................ ::::::::::::::::::::::: CITY OF PALO ALTO SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE PURCHASING & CONTRACT ADMIN EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL " 250 HAMILTON AVE 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PALO ALTO CA 94301 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE ~10 OBUGATION OR LIABIUTY OF ANY KIND UPON ]’f:~" COMPANY, ITS AGENTS OR REPRESENTATIVES. ~’D ~:I ~-~’~!!iii::!i!i~::~::~i]i] ~ !::~!~i~::~::~?::i !~:. :.!i~ ! ~ : ~:~ : ~ : ~ i ~ i : ! ~ ~ ~ : ! ! i i ! ] ] ~ i ~ ! i : !~i~ ~!i~]}~i!ii!i~i!ii!~:]ii~]~! ! i i~i!~}~:!;~!~!iii~!!i~ ]: ::::::::::::::::::::::::::::::::::::::::::::::::::AUTHORIZED RE ~~~~’~..-...--~~ .................................................................... EXHIBIT "D COMPLIANCE REPORT Non-Discrimination Provisions of Palo Alto Contracts IMPORTANT This report must be completed by prime contractor and each subcontractor. Complete all items unless otherwise instructed. Use extra sheets if necessary. SUBMIT ORIGINAL OF THIS REPORT DIRECTLY TO: City of Palo Alto Public Works Engineering/Staff Secretary Civic Center- 6th Floor 250 Hamilton Avenue Name of Firm Name of person preparing form, person to contact. Palo Alto, CA 94301 Circle One: P~ime Contract,~; Part I Complete the Following: Subcontractor Ext.# 1. Full name and address of firm or other reporting unit covered by this report. 2. Name and address of principal official or manager. CH2M HILL 2107 North First Street Suite 210, San Jose, CA 95131 David Von Rueden 3. Name and address of principal office of company. 4. Name and address of parent company if an affiliated corporation. CH2M HILL i00 Inverness Terrace East Englewood, CO 80112-5304 5. Name and address of prime contractor (complete only if this is a subcontractor’s report. 6. Signature and title of authorized representative. BY: DATE: Part II 1. Part ill 10 No 2.Q No 5.~ No Attach a statement of your company’s policy on equal employment opportunity to all persons without regard to race, creed, color, national origin, or ancestry, and describe what steps have been taken to put this policy into effect. Circle the Proper Answer. Have you informed company officials and representatives regarding the non-discrimination provisions of City of Palo Alto Contracts? Have you examined your company’s practices regarding assignments, layoffs or transfers of your employees from one job to another for evidence of a practice or employment pattern that might appear to be discriminatory and based upon sex, race, color, ancestry, religion or national origin or disability? Are they non-discriminatory? Do you have educational or training programs sponsored or financed for the benefit of employees or prospective employees. How many people participate in these programs? Do How many are minorities? Does your help wanted advertising state that you are an equal opportunity employer? Are any apprentices obtained from sources outside the employer’s work force? If yes, have you circulated information about apprenticeship openings or opportunities to the following. (~No State Employment Offices Newspapers or other media High Schools, including those in minority group areas. Local trade or vocational schools, including those with minority group students. Agencies and/or organization specializing in minority employment. -2- Yes No Federal or State apprenticeship representatives. Who? 60No Others If you are a prime contractor have all subcontractors covered by these compliance inspection reports been instructed as to their contractual obligations relating to non-discrimination provisions of City of Palo Alto Contracts ? Explain Have all recruitment sources been advised that all qualified applicants will receive consideration for employment without regard to sex, race, color, ancestry, religion, national origin, or disability? Identify (names and addresses) the employment agencies, personnel recruitment organizations, newspaper advertising or other non-union sources from which the company recruits its personnel. Part IV 1. Yes(~ Have you a collective bargaining agreement with a labor union or other organization? If yes, specify the Union(s) or organization(s) -3- 2. Yes No Have you advised the labor union and/or worker organization of the company’s responsibility under the non-discrimination provisions of City contracts. 3.%Approximately what percentage of your employees covered by union agreements are referred by or hired through the unions? Explain procedure for hiring balance. 4. Yes No 5. Yes No Does the company’s collective bargaining agreement or other contract or understanding with a labor union (or unions) or other worker’s organization include a provision for non-discrimination in employment? Is there any labor union or worker’s organization policy which prevents you from fulfilling your obligations under the non-discrimination provisions of City contracts? If so, specify. 6. Yes No Specify the trade(s) or craft(s) involved in this contract. Use this space for comment on any answers you have supplied. -4- Name of Firm Project N&me Contract # DATE: RACIAL MAKEUP OF REPORTING UNIT ~FJT_,l~4 1-4 ~L_L, Submitted by, James O. Powell (Indicate only for monthly report, No. 3) Three types, of breakdown are required. This form is used for all three. (Check) -1- Permanent makeup of company.(~-2- Estimated makeup for this project. -3- Monthly report for 9-29 19 9___6. Submit once per month for duration of project. 1 = Permanent.2 = Estimate for project.3 = Monthly only. Be sure to include al__[ employees in first column, not just minorities. Nos. 1 and 2 below are required to be filled in and submitted with Compliance Report. JOB CATEGORIES Manaqement Professionals Clerical-Office Field Supervisor Skilled - list b. C. d. Unskilled - list a. b. C. d. TOTAL OF ABOVE 1 5 Total all Asian American Spanish Female Black American Indian Surnamed 21 3 1 2 3 11 2t3 1 121 3 1 12 3 1 21 3 5I 5 2 2 2 1 1 1 0 Oi 0 0 0 0 0 0 0 116 iI~ii~5050 50 5 5 5 9 9 9 1 1 1 5 5 5 40 40 40 3434 34 10 I0 10 4 41 4 0 0 0 4 4 4 23 23 5 5 5 2 2 2 5 5 0 0 0 2 2 2 184184 184 91 91 91 18 18 18 18 18 18 1 1 1 ii ii ii The data below should also be included in the appropriate cateqories above. On Job Traininq !1 ;I I,ll!!llla. White Collar t~/~r b. Production h,}/~ This report must be completed by contractor and each subcontract.or. The term "Spanish Surnamed" includes all persons of Mexican, Puerto Rican, Cuban, Latin American or Spanish origin. Report only employees enrolled in formal on-the-job training programs. Rev 11/92 AFFIRMATIVE ACTION PROGRAM Nevada-California Region January I, 1996 to December 31, 1996 Policy and Practices CI-I2M HILL’s President, Ralph Peterson, has established the ftrm’s policy on equal opportunity/affirmative action as follows: ~ HILL practices equal opportunity employment. In this rega~i, recruitment. hiring, advancements, ~.sfers, training, compensation, benefits, and other employec relationships are implemented ragardless of race. creed, color, ancestry, sex, religion. agc, disability, national origin, or rniliu~ry status. While the ~’pirit of equal opportunity has always been an integral part of the firm’s operations, we recogniza that specific and proa~ve measures must be taken in order to assist us in developing a staff which is reflective of American society. CH2M HILL is proactive in practicing A.ffirmative Action and; therefore, strives to attract minority and female personnel into all areas of the firm. We have designed and are implementing specific steps to overcome staff imbalances found with.in the ~m. Our task is made difficult becatme of the ia~k of substantial numbers of minorities and women presently available in employment camgories that predominate within our organization. We have developed several methods for arriving at our goals. For example, internal training and promotions, inten.ri.fied recruitment, support t~ external training institutions, and development of special relationships with pertinent orgattiz~ons are appm~hes that provide us with an opportunity to assist in increasing future number~ of employable minorities, women and people with disabilities. CH2M HILL’s Director of Human Resources, Pete Hannan, has been designated as compliance officer for the fu-m. He ~ responsible for the program design, monitoring, implementation, and commu~cation. He report~ direcdy to the Corporate AdmJnJsta’ation Officer on a f:re~luent basis and to the Board of Directors annually on program progress. Darell Nepil has been assigned a.s the Afftrmative Action Of’ricer for direct pr%m-am development and implementation. The Nevada-California Region and the Bay Area office f~iliry adopts and will actively pur~ue the established ~ve action policy of the fu’m. Jam~ O. Powell is designated as the Compliance Officer f~r the Region and will be responsible for the facility program design, monitoring, implementation and communication. Although the Regional Compliance Officer has the primary responsibility for enforcing tide policy, it is necessary for management and all employees to assist in this effort for maximum effectiveness. A successful equal opportunity/affis-mative action pro~am is not only a business necessity, but more importantly, is necessary for present and future employees to xv.alim their maximum individual potential. The Bay Area Affirmative Action Program may be viewed during normal business hours, Mgnday through Friday, b,y contacting the Compliance Officer. P // o.. Regional Man~er Re~mpliance O~-~er Dad" 1 Date- 1 VOLUME I AFFIRMATIVE AC~ON PROGRAM - 1996 FOR MINORITIES AND WOMEN POLICY AND PROGR_A.M DISSEMINATION To ensure effectiveness, the Affirmative Action Policy will be disseminated both internally and externally so that employ=ca and applieant~ are aware of our commitment in afffmmtive action and equal employment practices. This will be accomplished by the following: Internal The Policies and Procedures Manual contains-an explanation of the fi.rm’s operations and is available to all employees for reference. A condensed version of these procedta-es is contained in the Employe2 Handbook, which is given to each new employee dta’ing orientation. Both docum¢nts contain a st,aterrmnt on the fu-m’s equM employment opportunity policy. We have also established methods to s~imulat~ disoassion and understanding of the Afftrmative Action Program internally through fomtr~ such as brown bags, management meetings, advisory committee meetings, employee interview se~ions and employee orientation and la’aJning. Progress of the Af:fimrmtive Action Program i~ reposed at least annually to the Board of Directors Copi~ of our affirmative azri0n policy and eqt2m.l opportunity posters ar~ displayed throughout office common areas and comdors for employee and applicant information. External Recruitment sources are informed of the company’s Affirmative Action/Equal Opportunity Policy and ate requested to recruit and refer in.a manner that represents the company’s policy. These sottrces will include community organizations, educational institutions, public agencies, and specialty groups. Equa~ opl~oromity clauses which are incorporated into all service purchase orders and contracm state that CH2~ H’K.L is an "Equal Opportunity Employer". EEO information will bc disseminated to pomntial applicants through communications in all h*lp wanmd advertising, on-site re:ruiting programs, brochure distribution, and through select women and minority organizations such as: Society of Hispanic Professionals Northern California Council of Black Professional Engineers Society of Women Engineers Asian American Architects and Engineers The Urban League Forum for African American Professionals vol I .doc