HomeMy WebLinkAbout1999-05-17 City Council (14)TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL 9
FROM:
DATE:
CITY MANAGER
MAY 17, 1999
DEPARTMENT: UTILITIES
CMR: 249:99
SUBJECT:AWARD OF CONSTRUCTION CONTRACT TO MOUNTAIN
CASCADE INC. AND APPROV~ OF AMENDMENT NO. 2 TO
CONSULTANT CONTRACT NO. C7085061 WITH
KENNEDY/JENKS CONSULTANTS, INC. FOR AMARILLO
AVENUE AND EMBARCADERO WAY RELIEF SEWER
PROJECT
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the attached contract with Mountain
Cascade Inc. in the amount of $4,253,500, for Amarillo Avenue and Embarcadero
Way Relief Sewer Project.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract with Mountain Cascade Inc. for related, additional but
unforeseen work which may develop during the project, the total value of which shall
not exceed $425,350. _ .
Approve and authorize the Mayor to execute Amendment No. 2 to Consultant
Contract No. C7085061 with. Kennedy/Jenks Consultants, Inc. in the amount of
$599,073 for Task 7, Support During Construction, project construction management
services for the Amarillo Avenue and Embarcadero Way Relief Sewer Project.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the consultant contract with Kennedy/Jenks Consultants, Inc. the
total value of which shall not exceed $60,000.
CMR:249:99 Page 1 of 4
A separate staff report in this packet (CMR:243:99) recommends that Council
approve and authorize the purchase of the required fights of way for the Amarillo
Project, through either eminent domain proceedings or negotiated settlements.
DISCUSSION
Project Description ~
The work to be performed under the contract is construction of approximately 4340 Lineal
Feet of 42 inch gravity sanitary sewer, primarily by micro tunneling; and construction of
associated facilities from Amarillo Avenue near Tanland Drive to commercial property
adjoining Embarcadero Way, all within the City of Palo Alto. The project involves micro
tunneling under State Highway 101 and adjacent sensitive marsh lands.
In 1988, Camp Dresser & McKee completed the Master Plan of the Wastewater Collection
System (Master Plan) for Palo Alto’s entire sanitary sewer collection system. The Master
Plan indicated certain trunk main facilities were in need of capacity relief to carry peak
wastewater flOWS and recommended improvements to correct these collection system
deficiencies. One of the recommended major capacity relief projects in the Master Plan is
a capacity relief sewer construction project that crosses US 101 at Amarillo Avenue and ties
in to the manhole at Embarcadero Way. This major trunk main is located in the central part
of the City’s collection system and conveys more than 50 percent of the City’s wastewater
flow to the Regional Water Quality Control Plant. The majority of this relief sewer will be
installed using microtunneling technology, which results in minimal surface disruption. This
technology involves the excavation of construction pits from which the pipeline is installed
beneath the ground surface. The construction pits are used to launch and retrieve the
microtunneling equipment. Unlike traditional open trench pipeline construction methods,
which can involve.substantial surface disruption and related traffic flow problems, the only
surface disruption with microtunneling is the creation of the construction pits.--
On September 30, 1996, Council approved a consultant agreement with Kennedy/Jenks
Consultants, Inc. In the amount of $301,000 for the design of the Amarillo-Avenue and
Embarcadero Way Relief Sewer Project (CMR:410:96). On May 5, 1997, Council approved
Amendment No. 1 for surveying services and limited update of the Master Plan, authorized
staff to proceed with preliminaryright-of-way discussions on private property for rights-of-
entry and preparation of easement descriptions, authorized staff to proceed with geotechnical
investigations in public rights-of-way and in easements on private property, and supported
staff’s recommendation on CEQA documentation for the project (CMR:221:97). On January
12, 1998, Council approved ~taff’s recommendation for the proposed relief sewer route and
CMR:249:99 Page 2 of 4
the expenditure of funds in the amount of $160,000 for the purchase of the necessary rights-
of-way for the project; and adopted the Negative.Declaration with a finding of no significant
.environmental impact (CMR: 101:98).
Bid Process
A notice inviting formal bids for the -Amarillo Avenue and Embarcadero Way Relief Sewer
Project were sent on February 3, 1999 to thirteen builders’ exchanges and twenty six
contractors. The bidding period was 27 c~lendar days. A pre-bid meeting was held on
February 16, 1999; two bidders attended the-meeting. Bids were received from eight
qualified contractors on March 9, 1999, as listed on the attached bid summary (Attachment
B). Bids ranged from a high of $5,436,000 to a low of $4,253,500. Contractors not
responding indicated that they did not submit a bid because they were too busy to bid or they
were not experienced in this type of work.
Staff has reviewed all bids submitted and recommends that the bid of $4,253,500 submitted
by Mountain Cascade Inc. be accepted and that Mountain Cascade Inc. be declared the
lowest responsible bidder. The bid is 24 percent below the engineer’s estimate, Kennedy
/Jenks, of $5,628,000. The change order amount of $425,350.00 which equals 10 percent
of the total contract is requested because of additional related but unforseen work which may
develop during the project.
Staff checked references supplied by the contractor for previous work performed and found
no significant complaints. Mountain Cascade Inc. is an experienced general contractor with
microtunneling experience in California. Last year Mountain Cascade, Inc.’s project, South
Orinda Sewer Improvements, was selected as the "Trenchless Technology Project of the
Year" by Trenchless Technology. Staff also checked with the Contractor’s State License
Board and found that the contractor has an active license on file.
Amendment Number 2 - Task 7- Support During Construction - Consultant Services
Description -
The attached Amendment No. 2 (Attachment E)~ to the consultant contract with
Kermedy/Jenks Consultants, Inc. in the amount of $599,073 is for work described in Exhibit
A, Item 12, Task 7 A - E, Support During Construction services for the Amarillo Avenue
and Embarcadero Way Relief Sewer Project. The consultant will provide full time
construction management-services throughout the planned 340 calendar day duration of the
Amarillo Project. Services to be provided include: reviewing contractor submittals,
conducting and recording preconstruction and weekly project meetings, preconstruction job
site photography and video, delineation of construction work areas adjacent to wetlands, full
time on-site project inspection and engineering services, conducting public coordination
CMR:249:99 Page 3 of 4
meetings, outside agency coordination, change order review and processing during
construction, scheduling of all project testing, project schedule review and monitoring,
.progress payment review, preparation of final project record drawings, and project closeout.
The construction management services described above usually vary in a range of between
10 to 20 percent of micro tunnelling project construction costs, depending on the extent of
consultant services included. The City has included an extensive amount of consultant
services because of the complexity of the~project. Staff checked costs on other similar
microtunneling projects in California and has concluded that the costs for Task 7 are in the
range typically paid on microtunneling projects for these professional services.
RESOURCE IMPACT
Funds for this project (including right of way acquisition) have been included in the FY 96-
97 and FY97-98 Wastewatei: Collection System Rehabilitation/Augmentation budgets and
were carried forward into the FY 98-99 Capital Improvement Program budget for
Wastewater Collection System Rehabilitation/Augmentation Major Project Number 9173.
POLICY IMPLICATIONS
This report does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
An environmental assessment has been prepared, and the Negative Declaration of no
significant environmental impact is attached to this report (Attachment A).
ATTACHMENTS
Attachment A: Mitigated Negative Declaration
Attachment B: Bid Summary
Attachment C: Contract ’ "
Attachment D: Project Location Map
Attachment E: Amendment Number 2 to Contract C7085061 with Kennedy/Jenks
Consultants, Inc.
PREPARED BY:Roger Cwiak, Engineering Manager
Water-Gas-Wastewater
Edward Wu, Senior Engineer
CMR:249:99 Page 4 of 4
DEPARTMENT HEAD:
of Utilities
CITY MANAGER APPROVAL:
Assistant City Manager
CMR:249:99 Page 5 of 4
ATTACHMENT A
NOTICE OF AVAILABILITY AND NOTICE OF PUBLIC MEETING
INITIAL STUDY AND NEGATIVE DECLARATION
FOR
AMARILLO AVENUE AND EMBARCADERO WAY RELIEF SEWER PROJECT
TO:
DATE:
All Interested Parties
October 31, 1997
FROM:City 0f Pal0 Alto, Utilities Dept.
250 Hamilton Avenue
Palo Alto, CA 94301
SUBJECT:NOTICE OF AVAILABILITY AND NOTICE OF PUBLIC MEETING FOR
INITIAL STUDY AND NEGATIVE DECLARATION FOR THE
AMARILLO AND EMBARCADERO WAY RELIEF SEWER PROJECT
LEAD AGENCY:
CONTACT:
City of Palo Alto, Utilities Department
250 Hamilton Avenue
Palo Alto, CA 94301
Edward Wu, Senior Engineer
Public notice is hereby given that the City of Palo Alto Utilities Department has prepared an
Initial Study/Negative Declaration (IS/ND) for the .proposed Amarillo and Embarcadero
Way Relief Sewer Project, and the IS/ND is available for public review. The Relief Sewer
Project involves the construction of a 42-inch relief sewer in a portion of Amarillo Avenue,
East Bayshore Road, and other private and public properties in Palo Alto. The need for this
project was identified in the City’s 1988 Wastewater Collection System Master Plan. The
existing 36-inch sewer line extends from the southwest corner of Greer Park in Amarillo
Ayenue, under the Bayshore Freeway (U.S. 101), and under the Baylands Nature Preserve
to the Palo Alto Regional Water Quality Control Plant, and was identified as not having
sufficient capacity to accommodate expected wastewater flOWS in the year 2000. The
proposed project will provide a 42-inch sanitary sewer to relieve the existing 36-inch trunk
se~wer.
The project description and location, along with a discussion of potential environmental
effects that may occur as a result of project implementation, are contained in the attached
Initial Study/Negative Declaration, pursuant to Article 6 (Negative D.eclaration Process) of
the California Environmental Quality Act (CEQA) Guidelines.
PUBLIC HEARING: The Palo Alto City Council will conduct a public hearing on the
proposed IS/ND at its regular meeting on Monday, December 15, 1997. The meeting will
be held at 7:00 p.m. in the City Council Chambers at 250 Hah~ilton Avenue, Palo Alto, CA
94301.
RESPONSES: Due to limits mandated by State law, your response to this notice must be
sent no later than 30 days after receipt. Based on our mailing, this 30 day period will run
from November 3 to December3, 199Z~
PLEASE SEND YOUR RESPONSES TO: Mr. Edward- Wu, Senior Engineer, at the
address shown above. Please remember to include your name and/or the name of the
contact person in your agency. We will be pleased to receive your input and comments.
Please contact Mr. Wu at (650) 329-2126 should you need more information.
CITY OF PALO ALTO -ENVIRONMENTAL CHECKLIST FORM
1. Project Title: Amarillo Avenue and Embarcadero Way Relief Sewer Project
2. Lead Agency Name and Address: City of Palo Alto Utilities Department
250 Hamilton Avenue
Palo Alto, CA 94301
3. Contact Person and Phone Number: Edward Wu, Senior Engineer
(650) 329-2126
4. Project Location: Amarillo Avenue and East Bayshore Road in Palo Alto, California
5. Application Number(s): Not applicable.
6. Project Sponsor’s Name and Address:City of Palo Alto Utilities Department
250 Hamilton Avenue
Palo Alto, CA 94301
Edward Wu, Senior Engineer - -
7. General Plan Designation: Not applicable.
8. Zoning: Not applicable.
Description of the Project: The project evaluated in this Initial Study/Negative Declaration (IS/ND)
is a 42-inch relief sewer to be constructed in Amarillo Avenue, East Bayshore Road, and other
private and public properties in Palo Alto. The need for this project was identified in the City’s 1988
Wastewater Collection System Master Plan (Camp Dresser & McKee, 1988): The 1988 Plan
recommended a Capital Improvement Program (CIP) to address the wastewater system’s current
and expected capacity deficiencies through the year 2000. The existing 36-inch diameter trunk
sewer line extending from the southwest corner-of Greet Park in Amarillo Avenue, under the
Bayshore Freeway (U.S. 101), and under the Baylands Nature Preserve to the Palo Alto Regional
Water Quality Control Plant (PARWQCP) was identified in 1988 as having insufficient flow capacity,
using a 5-year storm event.
Studies performed by the City in 1996 indicated that the additional required capacity can be provided
by constructing a new 42-inch diameter sewer line to relieve the existing 36-inch diameter trunk
sewer. The existing trunk sewer carries flow from the lower basin area of Palo Alto identified as
Basin B07 in the Master Plan (the area encircling the intersection of East Meadow Drive and Louis
Road). The sewer system in Basin B07 has experienced significant surcharging during periods of
heavy rainfall. Though recent CIP projects have reduced the potential of manholes overflowing,
surcharging still occurs during storm events. The relief sewer project, along with other improvements
included in the City’s CIP, are designed to correct capacity deficiencies and to convey the
wastewater flows anticipated in the year 2000.
J :\WORK\ 139139\ISFOR M 1 .doc
Several alignment options were evaluated for locating the relief sewer project. To identify the
preferred alignment for the project, a series of workshops were held to discuss the feasible options,
define the criteria that would be used to evaluate the alternatives, determine weighting factors, and
ranl~ the alternatives to identify the best apparent solution. These workshops were usually attended
by City staff from the following departments or divisions:
o Utilities Engineering
o Regional Water Quality Control Plant
,,Field Operations ~
¯Planning and Community Environment
o Real Estate
¯Recreation, Open Space & Sciences
The design team for the project identified the feasible alternatives for conveying the flow to the Palo
Alto Regional Water Quality Control Plant. These alternatives were discussed at the first workshop
and a decision matrix was developed that considered the short term construction impacts and the
longer term operation and maintenance issues associated with each alternative. Weighting factors
for each impact were also established.
The design team then developed the feasible alternatives for the project and applied the decision
criteria with weighting factors to each alternative. Through this process, it was determined that the
best solution was an alignment that parallels the existing 36-inch sewer at the beginning and end of
its alignment, but goes around the edge of the Baylands Nature Preserve in the middle segment; it
was also determined that trenchless construction technologies should be used to minimize the
construction-related impacts in the project area. This alignment was then selected and work was
initiated to secure the necessary easements and geotechnical investigations for the project.
The proposed relief sewer will begin at City manhole #21-4-16 in Amarillo Way near Greer Park, and
travel eastward adjacent to an existing 15-inch _diameter sanitary sewer under U.S. 101 to East
BayshoreRoad. The alignment continues north to parallelthe existing 15-inch diameter sanitary
sewer in East Bayshore Road for about 730 feet, where it turns eastward along an existing
pedestrian path located between two office buildings. The alignment then crosses eastward
underneath the northwest Corner of the Baylands Nature Preserve from the end of the pedestrian
path to a point at the rear of an office building parking lot west of Faber Place, and then to the
parking lot at the rear of The Harbor Business Park located southeast of Faber Place. The alignment
then traver~ses east through the parking lot to parallel the existing 36-inch trunk sanitary sewer, and
terminates at City manhole #15-1-18 located in the parking lot approximately 220 feet west of
Embarcadero Way. A junction box structure will be required at the beginning and end of the
alignment to connect to the existing 36-inch diameter trunk sewer. Figure 1 shows the project
vicinity. Figure 2 shows the relief sewer schematic design, and Figure 3 shows an aerial photograph
of the project area.
The proposed alignment was developed to avoid conflicts with existing utilities while maintaining
service in the existing sewers. Criteria for the separation of water mains and sanitary sewer mains
have been incorporated into the design.
To minimize disruption to the public, traffic flow, and the environment, trenchless construction
methods (including microtunneling) will be used to install major portions of the relief sewer pipeline.
J:\WORK\I39139\ISFORM 1 .doe 2
The alignment portions which cross the Bayshore Freeway, the Baylands Preserve, and The Harbor
Business Park will use microtunneling technology. The alignments in Amarillo Avenue and East
Bayshore Road will have the option of being microtunneled or traditional "ope~ cut" construction.
Microtunneling technology involves the excavation of "jacking" and "receiving" pits, from which the
pip~line is pushed (or "jacked") underground from one pit and received at another pit. The only
surface disruption with this technology is related to construction activities which take place at the
jacking and receiving pits; unlike traditional "cut and cover" (or trench) methods, which can involve
substantial surface disruption and related traffic flow bottlenecks), microtunneling is performed
underground, with virtually no surface disruption. The proposed locations of jacking and receiving
pits are shown in Figure 2. Schematic drawihgs of typical jacking and receiving pit configurations are
.shown in Figure 4.
Jacking pits are typically about 12 to 15 feetwide and 20 feet long, for a total area of 240 to 340
square feet. Receiving pits are usually smaller than jacking pits, and measure approximately 10’ x
10’ or 12’ x 12’ square. The entire pit staging area would be approximately 2,500 to 4,000 square
feet in area. The newly-installed pipe would be located approximately 12 feet below ground surface.
This depth is at a sufficient elevation so as not to affect the ground surface and_tree roots above.
There is virtually no surface vibration from the microtunneling activity.
The total length of the relief sewer is approximately 4,334 feet, with an overall slope of 0.11 percent.
The relief sewer will be completed in eight segments. The pipe material for the alignment will need
to be resistant to corrosion and will be selected in a competitive bidding process, except for th_e~_~.S.
101 crossing, which will likely be T-lock lined reinforced concrete cylinder pipe; steel casing- may also
be required for this crossing. Actual construction of the project is anticipated to last approximately 6
months.
When completed, the Amarillo Avenue and Embarcadero Way Relief Sewer Project will meet the
City’s Wastewater Master Plan and CIP goals by providing the capacity that the wastewater
collection system needs to convey design flows during major storm events.
10. Surrounding Land Uses and Setting: Following is a description of the land uses and setting along
the various segments of the pipeline alignment. _
Amarillo Avenue - Greer Park is located on the southeast side of Amarillo Avenue, and
apartment complexes and units are located on the northeast side. Single-family residences
line both sides of Amarillo Avenue west of Greer Park. West Bayshore Road, which parallels
the west side of Bayshore Freeway, is lined with apartment complexes on its west side and a
freeway sound wall on its east side. Large eucalyptus and cypress trees line the southwest
side of Amarillo Avenue in Greer Park.
East Bayshore Road = Commercial office buildings are located along both sides of East
Bayshore Road. High tension PG&E wires and towers are located along the northeast side of
this road.
Pedestrian Path - The pipeline will turn eastward from East Bayshore Road and be installed
underneath an existing pedestrian path that provides recreational access from East Bayshore
Road to the Baylands Preserve. Both sides of the path are abutted by parking lots and
offices, and are landscaped with ornamental species, including oleander and eucalyptus.
J :\WORK\ 139139\ISFORM 1 .doc 3
Baylands Nature Preserve - The pipeline will run underneath the Baylands Preserve which, in
this location, consists primarily of open space and marsh vegetation. This portion of the
Preserve does not typically contain water from the bay. The pedestrian path described
above, along with its continuation to the terminus of Faber Place, provide access to the
Preserve from East Bayshore Road and Faber Place. Although access to some portions of
the path may be temporarily restricted due to construction activities, alternate pedestrian and
bicycle access routes will be identified and remain open during project construction.
Harbor Business Park - The final leg of the pipeline will be located at the rear of the Harbor
Business Park, where parking lots an~i’ornamental landscaping are the primary land use
features.
11. Other public agencies whose approval is required (e.g. permits, financing approval, or
participation agreement): Various encroachment permits will be required for the project, including
encroachment permits for construction in city rights-of-way, a permit from Caltrans for the U.S.,101
crossing, possible encroachment or other permits fro_mother utilities (such as PG&E, Brooks Fiber
Optic, etc.). Temporary construction easements and permanent public works easements will be
required from a few private property owners in the project vicinity. The following approvals will be
required for the pipeline construction underneath the Baylands Nature Preserve: a) Park Improvement
Ordinance from City of Palo Alto; 2) Letter of Permission from the U.S. Army Corps of Engineers; and 3)
Notice of Intent to Proceed from the San Francisco Bay Conservation and Development Commission.
In addition, the California Department of Fish and Game and the U.S. Fish and Wildlife Service will be
notified of the project to solicit their input on issues relating to threatened/endangered species.
J:\WORK\ 139139\ISFORM 1 .doc 4
PALO ALTO
MUNICIPAL
GOLF COUPE
Scale: 1"= 2,900 Feet
AREA
VIEW
Figure 1
Vicinity Map
Source: Kennedy/Jenks Consultants, 1997.
0 100 200 300
SCALE IN FEET
Figure 2
Project Schematic
Source: City of Palo Alto, 1997.
Not To Scale
Figure 3
Aerial Photograph
of Project Area
-50 - 60 Feet
~’Truck Access for Muck Removal
From Slurry Separation Tanks
Slurry Separation
Tanks
Crane
Jacking Pit
|I
Support
Facilities
Pipe and
Materials
Storage
Control Cabin and
Shop Facilities
Truck Access for Delivering
Pipe and Materials
Pipe
Advance
NON-LINEAR
Not To Scale
~ Pipe andI~ Materials
, Storage
-100 - 150 Feet IISlurry
Support Separation
Facilities Tanks
~n Advance
g P~
Truck Access for Delivery of
Materials and Muck Removal
LINEAR
Not To Scale
Figure 4
Typical Site Layouts for
Microtunneling Equipment_
Source: Woodward Clyde, 1997.
-’NVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked
oelow would be potentially affected by this project, as indicated by the checklist on the following
pages.
Land Use and Planning Biological Resources
Population and Energy and Mineral
Housing Resources ,~
Geology, Soils, and Hazards
Seismicity
Water × Noise
Air Quality Public Services
Transportation and x Utilities and Service
Circulation Systems
Aesthetics-
Cultural Resources
Recreation
Mandatory Findings of
Significance
DETERMINATION: On the basis of this initial evaluation:.
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because the mitigation measures described on an
attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect(s) on the environment, but at least
one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and (2) has been addressed by mitigation measures based on the earlier analysis as
described’ on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially
Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there
WILL NOT be a significant effect in this case because all potentially significant effects (1) have been
analyzed in an earlier EIR pursuant to applicable standards and (2) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project’.
P~.~~:/~ect Planner
_" - -
’~,enneth Schreiber
,Jirector of Planning & Community Environment
October 31, 1997
Date
October 31, 1997
Date
X
J:\WOR K\ 139139\ISFORM 1 .doe
Environmental Issues Information
Sources
(see list on
page 1 5)
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less
Than
Signifi-
cant
Impact
No
Impact
1. LA’ND USE AND PLANNING. Would the proposal:
a)Conflict with general plan designation or zoning?1 x --
b)Conflict with applicable environmental plans o[~1, 6 --
policies adopted by agencies with jurisdiction over the
project?
c)Be incompatible with existing land use in the 1 --
vicinity?
d)Affect agricultural resources or operations (e.g.1
impact to soils or farmlands, or impacts from incompatible
land uses)?
e) Disrupt or divide the physical arrangement of an 1
established community (including a low-income or minority
community)?
2.POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local 1 x
population projections?
b) Induce substantial growth in an area either directly 1 x
or indirectly (e.g. through projects in an undeveloped area
or major infrastructure)?
c) Displace existing housing, especially affordable 1 x
housing?
3.GEOLOGY, SOILS, SEISMICITY-" Would the proposal result in or expose people to potential impacts involving:
a)Fault rupture?1, 2 x
b)Seismic ground shaking?1, 2 x
c)Seismic ground failure, including liquefaction?1, 2 x
d)Seiche, tsunami, or volcanic hazard?i,
e)Landslides or mudflows?1, 2 x
f) Erosion, changes in topography or unstable soil 5 x
conditions from excavation, grading or fill?
g)Subsidence of the land?5 x
h)Expansive soils?5 x
i)Unique geologic or physical features?1, 2 x
J:\WORI~139139\ISFORM l.doc 10
Environmental Issues
4.WATER. Would the proposal result in:
Information
Sources
(see list on
page 15)
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation -~
Incorporated
a) Changes in absorption rates, drainage patterns, or
the rate and amount of surface runoff?
b) Exposure of people or property to water relate~l
haZards such as flooding?
c) Discharge into surface waters or other alteration of
surface water quality, including but not limited to
temperature, dissolved oxygen, turbidity or other typical
storm water pollutants (e.g. sediment and debris from
construction, hydrocarbons and metals from vehicle use,
nutrients and pesticides from landscape maintenance)?
d) Changes in the amount of surface water in any
water body or wetland?
e) Changes in currents, or the course or direction of.
water _movements, in marine or freshwater, or wetlands?
f) Change in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability?
g) Altered direction or rate of flow of groundwater?
h) Impacts to groundwater quality through infiltration
of reclaimed water or storm water runoff that has
contacted pollutants from urban or industrial activities?
i) Substantial reduction in the amount of
groundwater otherwise available for public water supplies?
j)
5.
Alteration of wetlands in any way?
3
2
3
3
3
3
3
AIR QUALITY. Would the proposal:
a)Violate any air quality standard or contribute to an
exiting or projected air quality violation?
b)Expose sensitive receptors to pollutants?
c) Alter air movement, moisture, or temperature, or
cause any change in climate?
d)Create objectionable odors?
2, 3
2
2,3
Less
Than
Signifi-
cant
Impact
x
No
Impact
X
X
x
x
x
X
X
x
x
x
J:\WORK\139139\ISFORM 1 .doe 1 !
Environmental Issues Information
Sources
(see list on
page 15)
6.TRANSPORTATION/CIRCULATION. Would the proposal result in:
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less No
Than Impact
Signifi-
cant
Impact
a)Increased vehicle trips or traffic congestion?2, 4 x
b) Hazards to safety from design features (e.g. s,barp 2, 3 x
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)?
Inadequate eme~rgency access or access to nearby 3 x
X
c)
uses?
d)
e~
f~
Insufficient parking capacity on-site or off-site?
Hazards or barriers for pedestrians or bicyclists?
Conflicts wffh adopted policies supporting
3
1,2
1,2
x
alternative transportation (e.g. bus turnouts, bicycle
racks)?
g)
a) Endangered, threatened or rare species-or their
habitats (including but not limited to plants, fish, insects,
animals or birds)?
Rail, waterborne or air traffic impacts?1, 2
BIOLOGICAL RESOURCES. Would the proposal result in reduction or interference in:
2,4,6
b)Locally designated species (e.g. heritage trees)?
c) Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)?
d)
e)
1, 3,4,7
1,2
Wetland habitat (e.g. marsh, riparian, vernal pool?)
Wildlife dispersal or migration corridors?
X
x
X
X
X
X
8.ENERGY AND MINERAL RESOURCES. Would the proposal:
a)Conflict with adopted energy conservation plans?1 x
b)Use non-renewable resources in a wasteful and 3 x
inefficient manner?
c) Result in the loss of availability of a known mineral 1 x
resource that would be of future value to the region and
the residents of the State?
9.HAZARDS. Would the proposal involve:
3 xa)A risk of accidental explosion or release of
hazardous substances (including, but not limited to: oil,
pesticides, chemicals or radiation)?
J:\WORK\I39139\ISFORMI.doc _12
Environmental Issues
b) Possible interference with an emergency response
plan or emergency evacuation plan?
c) The creation of any health I~azard or potential
health hazard? f
d) Exposure of people to existing sources of poten.tial
health hazards?
e) Increased fire hazard in areas with flammable
brush, grass or trees?
10. NOISE. Would the proposal result in:
Information
Sources
(see list on
page 1 5)
1,3
1,3
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less No
Than Impact
Signifi-
- cant
Impact
X
x
x
a)
b)
11.
Increase in e_xisting noise levels?1, 2, 4
Exposure of people to severe noise levels?1, 2, 4
PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered
government services in any of the following areas:
a)
b)
c)
d)
Fire protection?
Police protection?
Schools?
Maintenance of public facilities, including roads or
1
1
1
1,3
storm drain facilities?
e)Other governmental services?1
12.UTILITIES AND SERVICE SYSTEMS, Would the proposal result in a need for new systems or supplies, or
substantial alterations to the following utilities:
a)Power or natural gas?
b)Communications systems?
c) Local or regional water treatment or distribution
facilities?
d)Sewer or septic tanks?
e)Stormwater drainage or stormwater quality?
f)Solid waste disposal?
g)Local or regional water supplies?
1,3
1,3
1,3
1,3
1,3
1,3
1,3
X
X.
X
J:\WORK\ 139139\ISFORM 1 .doe ~13
Environmental Issues Information Potentially Potentially
13. AESTHETICS. Would the proposal:
a)Affect a scenic vista or scenic highway?
b)Have a demonstrable negative aesthetic effect?
c)Create light or glare?
14.CULTURAL RESOURCES. Would the proposal:
Sources
(see list on
page 1 5)
1,2
1,2
3
Significant
Issues
Significant
Unless
Mitigation
Incorporated
Less
Than
Signifi-
cant
Impact
a)
b)
c)
d)
Disturb paleontological resources?
Disturb archaeological resources?
Affect historical resourcesL . _
Have the potential to cause a physical change
which would affect unique ethnic cultural values?
e) Restrict existing religious or sacred uses within the
potential impact area?
1,2
1,2
~1,2
1,2
1,2
X
X
15, RECREATION. Would the proposal:
a) Increase the demand for neighborhood or regional
parks or other recreational facilities?
b)Affect existing recreational opportunities?
16. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or ~vildlife. population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of a
rare or endangered plant or animal or eliminate important
examples of the major periods of California history or prehis{ory?
b) " Does the project have the potential to achieve short-
term, to the disadvantage of long-term, environmental goals?
c) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a project are
considerable when viewed in connection with the effects of past
projects, the effects of other current projects, and the effects of
probable future projects)
d) Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
No
Impact
X
J :\WORK\ 139139\IS FORM 1 .doc 14
17. INFORMATION SOURCES
1 Draft Palo Alto Comprehensive Plan, 1996-2010, Embracing the New Century.
2’Draft Environmental Impact Report for Palo Alto Comprehensive Plan Update, prepared for City of Palo
Alto by Brady and Associates, December 1996.
3’Task 5 Schematic Design Submittal for the Amarillo Avenue/Embarcadero Way Relief Sewer Project,
prepared for the City of Palo Alto by Kennedy/Jenks Consultants, April 1997.
4 Telephone conversation with Stephen J,~lein, Woodward-Clyde Consultants, on April 8, 1997.
5 Geotechnical Investigation for the Amarillo Avenue and Embarcadero Way Relief Sewer Project, Palo
AIto,.California, prepared by Woodward Clyde Consultants, September 1997.
6 Baylands Nature Preserve Master Plan, adopted by City of Palo Alto in 1978.
7 Conversation and field-visit with Palo Alto City Arborist, David Sandage, April 21, 1 997.
J :\WOR K\ 139139\lSFORM 1 .doc 15
19. EXPLANATIONS FOR CHECKLIST RESPONSES
lb
1C
2b
3a
3b
3c
3d
Approximately 1,000 feet of the relief sewer would be located underneath the northwesternmost
’ portion of the Baylands Nature Preserve. The preserve is owned by the City and is zoned for public
facilities. The preserve has one of the largest undisturbed areas of native marsh vegetation,
endangered species habitats, and habitats for waterfowl and shorebirds in the South Bay.
Recreational facilities for the Baylands Preserve have been planned and implemented through the
Baylands Master Plan, which was adopted l?y the City in 1978. The Master Plan is a detailed plan
that seeks to balance ecological preservation of the area with controlled commercial and recreational
use of the area. The relief sewer would be installed underneath this portion of the preserve using
microtunneling technology; a jacking/receiving pit would be located approximately at the mid-
point of the 1,200-foot length, about 500 feet west-of the end of Faber Place. It is possible that access
to the pedestrian/bicycle path in this location may be temporarily restricted by construction
activities associated with this pit, but there would be no surface disruption of the preserve itself.
After construction is completed in this vicinity, the pipeline would not be visible, and there would be
a manhole on the north side of the pathway. Construction activities in this vicinity will be
coordinated with the City’s Recreation, Open Space & Sciences Division, and may require temporary
signage t6 direct pathway users of alternate routes to access the Preserve. Because there would be no
permanent affects on the Preserve, the project would not conflict with the Baylands Master Plan.
Although construction activities may cause short-term temporary disruption to some land uses in
the vicinity of the pipeline project, the project itself would not be incompatible with existing land
uses.
The relief sewer project is not growth-inducing because it does not provide additional capacity to or
expansion of sewer collection or treatment infrastructure in Palo Alto. The relief sewer is designed-
and intended to provide flow capacity for peak storm events.
Based on available information, no active faults are located in the immediate project vicinity;
therefore, the likelihood of surface rupture or fault creep along the proposed alignment is considered
remote.
The Palo Alto Comprehensive Plan designates the project area to be prone to very violent shaking in
the event of a major earthquake. This shaking could cause significant damage to underground
infrastructure if not properly designed and constructed. A geotechnical report for the project has
been prepared and is available for public review at the City Utilities Department at the address listed
on the front page of this document. The recommended seismic design measures identified in that
report will be incorporated into the project to reduce potential seismic impacts to a less than
significant level. _ ~
Liquefaction can occur when loose, saturated, relatively dean cohesionless soils are subjected to
ground vibrations. The geotechnical investigation prepared for the project indicates that the soil
conditions in the project vicinity consist primarily of day soils, with occasional sand and gravel
layers. The clay layers are judged not to be susceptible to liquefaction, but there is some potential for
liquefaction to occur in the medium dense sand and gravel layers encountered at some boring
locations. Design measures will be incorporated into the project to address liquefaction issues.
Tsunami, seiche, or vol~_anic hazard are geologic problems not associated with the San Francisco Bay
and its environs. Therefore, this does not represent a significant impact to the project.
J:\WORK\139139\ISFORM 1 .doe 16
3e The project vicinity is relatively flat, so landslides and/or mudflows would not occur and no impact
would result.
3f Excavation and fill activities would be associated wi’th the microtunneling jacking and receiving pits.
’Excavation and subsequent fill of these pits will be performed in accordance with standard
construction practices, which indude protective measures to prevent erosion and unstable soil
conditions. Temporary shoring will be utilized, in accordance with recommendations contained in
the geotechnicalinvestigation:
Based on the available subsurface data, it i~ anticipated that the ground conditions that will be
encountered during microtunneling will consist mainly of soft to very stiff alluvial days,
interbedded with loose to medium dense alluvial sands and gravels. These ground conditions
indicate the need for positive groundwater control during construction and special rnicrotunneling
equipment to minimize the loss of ground and surface settlement. Although no land subsidence is
anticipated, either during or after pipeline installation, special design and construction measures, as
recommended in the geotechnical investigation, will be incorporated into the project to reduce
potential geotechnical impacts to a less than significant level.
3h See response to Item 3g above.-
3i There are no unique geologic or physical features in the project vicinity.
4c Construction activities could temporarily cause surface runoff to storm drains or adjacent properties.
However, pursuant to RWQCB permit requirements, a Stormwater Pollution Prevent Plan (SWPPP)
will be developed and implemented for the project. The plan will include a description of all
construction practices that would be employed to control pollutants in stormwater discharges. The
SWPPP will be submitted to and reviewed by the City Public Works Department to ensure that .. _
suitable specifications are included in the plan.
4d -The project will not involve any disruptions to surface waters or wetlands. For the jacking/receiving
pits located near the pedestrian path and Baylands Nature Preserve, the marsh and wetlands areas
will be dearly delineated to the contractor, and no construction activity will be permitted in the
Preserve itself. In addition, erosion control measures will be used to prevent accidental discharge of
construction materials to wetlands.
4e See response to Item 4d above.
4t.Shallow groundwater in the project vicinity was encountered in all test borings at depths ranging
between 4 !6 to 616 feet below present ground surface. The shallowest groundwater depths
measured in the borings are typically within or just above the Bay Mud layer. It is anticipated that
the groundwater level will be about 10 to 15 feet above the bottom of the proposed pipe trench;~
therefore, a dewatering system will be installed to minimize groundwater infiltration into the
microtunneling operation. The ~dewatering system will be designed and implemented in accordance
with the recommendations of the geotechnical investigation.
See response to Item 4d above.
5b An increase in dust and emissions from heavy machinery and truck traffic is expected during project
construction. This could create a temporary air quaJity impact to nearby residents and businesses.
To reduce this impact_to a less than significant level, construction equipment will be properly
maintained and tuned, engine idling will be minimized, regular street cleaning will be conducted,
and construction zones will be watered as appropriate to reduce construction dust. Trucks hauling
dirt will also be covered.
J:\WORK\I39139\ISFORM l.doe 17
With microtunneling technology, approximately 6-8 trucks per day would arrive and depart from
the jacking pits with pipe delivery, and approximately 6-8 trucks per day would arrive and depart
from the same pits carrying waste or slurry spoils. Construction spoils would be taken to a nearby
landfill. While this truck traffic increase is not considered significant and would not add to traffic
congestion, the trucks would represent a different type of vehicular movement on the local Palo Alto
streets (particularly Amarillo Avenue) where construction would occur. The construction contractor
Will be required to prepare.and implement a traffic management plan for construction activities that
have the potential to disrupt traffic flow or affect neighboring properties, and to identify appropriate
travel routes for trucks. Both West Bayshcrfe and East Bayshore Roads are designated through truck
routes in the City of Palo Alto, so construction trucks would be limited to these routes. Truck access
to the Amarillo Avenue construction area should be directed to West Bayshore Road, rather than
Greer Road.
Bicycle travel is an important component of the transportation system that connects Palo Alto, Menlo
Park, Mountain View, and Stanford University. Bicycle facilities are defined as: Class I - bike path
(an exclusive right-of-way for bicyclists and pedestrians, with cross flows of motorists minimized);
Class II - bike lane (an area designated by lane striping within the paved roadway that is restricted to
bicycle and moped use); Class III- bike route (a right-of-way, usually a paved street, designated by
signs that is shared by bicycle and motor vehicle traffic, and where bicycle usage is encouraged);
shared roadway (no bikeway designation, usage of any street by bicyclists unless specifically
prohibited); and bicycle boulevard (a local street on which bicycle travel is given precedence, and on
which impediments to bicycle travel are removed or minimized). Designated bike routes in the
project vicinity include the following:
®
®
East Bayshore - on-street bike lane and off-road bike path
West Bayshore - on-street bike lane
Amarillo and Greer Avenues - signed bike route
Oregon Avenue or Oregon frontage road (between Greer and U.S. 101) - on-street bike
lane
Pedestrian path off East Bayshore - off-road bike path
Construction activities have the potential to affect_ these nearby bicycle facilities. The traffic
management plan discussed in Item 6a above will include measures to protect bicyclists and
pedestrians from construction activities and traffic, and to provide for adequate bicycle movement.
As indicated in Item #1b above, a portion of the relief sewer would be located underneath the
northwesternmost portion of the Baylands Preserve. The Preserve contains significant native marsh
vegetation and endangered species habitat. Prior to construction of the jacking/receiving pits near
the pedestrian pathway, the limits of the marsh will be clearly delineated and protected from
construction activities. Therefore, there would be no surface disruption to any part of the preserve,
and no endangered, threatened, or rare species or their habitats would be affected by the project.
No heritage trees would be affected by the project. The microtttnneling activity would occur about 8
to 14 feet beneath the ground surface, with an average of 11 feet of cover. Tree root systems along
the aligrtrnent are expected to reside in the first 3 feet of cover, and roots are not expected at more
than 6 feet of depth, especially with the reduced oxygen available at deeper elevations. Therefore,
tree roots along the alignment would not be affected by the microtunneling activity.
See response to Items #1b and #7a above.
J:\WORKM 39139\ISFORM 1 .doc 18
9b
9d
lOa
10b
Chemicals such as gasoline, diesel, fuels, lubricating oils, hydraulic oil, lubricating grease, automatic
transmission fluid, paints, and solvents may be used during construction activities. An accidental
spill of any of these substances could occur during construction Of the project. Handling and storage
of fuels and other flammable materials is governed by the California Occupational Safety and Health
Administration (CAL/OSHA) standards. ConstructiQn documents will include a Substance Control
Program for construction activities to reduce and prevent the potential for chemical spills. This
program will require the safe collection and disposal of hazardous substances generated during
construction activities, and ~ill include an Emergency Response Program to ensure quick and safe
cleanup of accidental spills. ~
The project would not interfere with an emergency response or evacuation plan. However, because
some project construction would occur within City rights-of-way, some traffic obstruction, including
emergency vehicle travel, may be affected. The contractor will be required to obtain permits for
construction in City rights-of-way, and will notify the City regarding which streets may be affected.
It is not anticipated that the pipeline construction will encounter contaminated soils or groundwater.
In addition, the primary method of pipeline installation will be via trenchless technology; therefore,
the potential for construction wOrkers to come into contact with potentially contaminated materials
would be minimized. Nonetheless, the contractor will be required to prepare and irriplement a
health and safety plan which will include protocols to be followed in the event that contaminated
!_soils or groundwater are encountered.
The project would result temporary increased noise levels during construction, but no long-term
noise increases from operations. Sensitive receptors to construction noise include the residences and
Greer Park along Amarillo Avenue, office building employees along East Bayshore Road and in The
Harbor Business Park, and animals inhabiting the Baylands Preserve. Construction activities
associated with the project would include earth-moving equipment required for excavating and
filling the microtunneling pits, the microtunneling machinery itself, and truck traffic associated with
the mi_’crotunneling activity. Construhtion activities and microtunneling operations may generate
noise levels around 85 to 90 dBA.
According to the City’s Noise Ordinance (City of Palo Alto Municipal Code, Chapter 9.10),
construction activities that are authorized by a city permit ai:e allowed between 8:00 a.m. and 8:00
pxa. Monday through Friday; 9:00 a.m. and 8:00 p.m. on Saturday; and 10:00 a.m. and 6:00 p.m. on
Sundays and holidays, if the construction activities meet at least one of the following requirements:
No individual piece of equipment may produce a noise level exceeding 110 dBA at a
distance of 25 feet.
-The noise level at any point outside the property plane of the project must not exceed 110
dBA. ~ -
Construction on residential property shall be allowed only during the hours between 8:00 a.m. and
6:00 p.m. Monday through Friday; 9:00 a.m. and 6:00 p.m. on Saturday; and 10:00 a.m. and 6:00 p.m.
on Sundays and holidays.
The contractor will be required to comply with City noise standards during project construction in
both residential and non-residential areas. If construction activities require exceptions to the noise
standards or ordinance, appropriate permits will be obtained.
The noise levels from construction activities could potentially be considered severe by adjacent
sensitive receptors, although they would be temporary. As noted in Item #10a above, construction
activities will be required to comply with all applicable City noise standards and ordinances.
J:kWOR K\ 139139\1S FORM 1 .doc 19
11d
12c.
12d
13b
14a-e
15b
The proposed relief sewer would be required to be maintained by the City of Palo Alto. This is not a
significant impact on City services.
The project would not require any modifications to the Palo Alto Regional Water Quality Control
Plant, or any other pipelines in the City’s sewage collection system.
See response to Item #11c above.
The project would be located underground, with no visible components on the ground surface
except manholes. There would be no change to the visual environment in the project vicinity after_~
construction is completed.
The portion of the project located adjacent to and west of the Bayshore Freeway is considered to be
an area of "Moderate Sensitivity" for archaeological resources in. Palo Alto. Areas east of the
freeway are considered to have low archaeological sensitivity. There are no known archaeological or
historical resources in the project construction area. However, in the event that cultural resources
are discovered during construction activities, all work would cease, and a qualified archaeologist
would be consulted to determine the significance of the findings.
Recreatior~al users of Greer Park and the pedestrian path leading from East Bayshore Road through
the Nature Preserve to Faber Place (under which the relief sewer would be located) could be
temporarily affected by project construction activities. Greer Park users may be affected by
construction noise, but there would be no construction activities within the park itself. The
pedestrian path may need to be temporarily restricted to bicyclists and pedestrians during
construction activities. If access to the path needs to be restricted, users would be directed by ........
temporary signage to alternate routes in the Preserve vicinity. Pathway closures, notices to users,
and temporary signage will be coordinated with the City’s Recreation, Open Space and Sciences
Division. Impacts to recreational users are considered short-term temporary impacts related to
construction only; no long-term effects to the Preserve would occur. Any damage to the
pedestrian/bicycle path due to construction activities shall be repaired, and the path reconstructed
to City standards. Pre- and post-construction surveys of the pathway will be performed; after
construction, the City Engineer will use the surveys to determine if the pathway has been-restored to
its original condition.
J:\WORK\I39139\ISFORMI.doc 20
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ATTACHMENT "C"
FORMAL CONTRACT SECTION 500
,CONTRACT No.
(Public Work)
Utilities Engineering
This Contract, number x dated x.._~_, is entered into by,.,end between the City of Palo AIto,_a chartered city and a municipal
corporation of the State of California ("City"), and Mountain Cascade, Inc ....... a Ca forn a Corporation , ("Contractor").
For and in consideration of the covenants, terms, and conditions ("the provisions") of this contract, City and Contractor ("the
parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall
expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on
the date that final payment is made hereunder, subject to the earlier termination of this Contract.
General Scope of Project and Work. Contractor shall furnish labor, services, materials and equipment in connection with
the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this
Contract to the satisfaction of City. The Project and Work is generally described as follows:
Title of Project:
Total Bid:
Amarillo Avenue and Embarcadero Way Relief Sewer Project, Invitation For Bid (IFB)
Number 112122
$ 4,253,500
Contract Documents. ~This Contract shall consist of the documents set forth below, which are on file with the City Clerk
and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies
between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the
following descending order of precedence.
ao
g.
h.
I.j.
k.
This Contract.
Invitation For Bid.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions;Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard
Drawings and Specifications (1992).
Any other document not expressly mentioned herein which is issued by City or entered into by the parties.
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the
amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon the receipt of wdtten
invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the
Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days of the date of receipt of
Contractor’s invoices.
Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies o~f~nst~rance coverage
described in the Invitation For Bid on terms and conditions and i,n amounts as may be required by the Risk Manager.
City shall not be obligated to take out insurance on Contractor’s personal property or the personal property of any person
performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the
certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the
Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is
authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the
~I~/"Y’OE~PALQ_ALTO IFB ’1 PAGE 1 OF 6
ATTACHMENT "C"
FORMAL CONTRACT
address set forth in Section 15 of this Contract.
SECTION 500
o
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers,
employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses,
damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly, at any
time from any injury to or death of persons or dam~age to property as a result of the willful acts or the negligent acts oromissions of Contractor, or which results from CSntractor’s noncompliance with any Law respecting the condition, use,
occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything
required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which
arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform
the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any
of its Council members, officers, employees, agents or representatives. This indemnification shall extend to any and all
claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time
during the term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this
Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council
members, officers and employees from and against any and all claims, demands, liabilities, losses, damages, costs,
expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in connection with or as a result
of Contractor’s willful acts or negligent acts or omissions under this Contract, under the Comprehensive Environmental
Response, Compensation and Liability Act (42 U.S:C: §§9601-6975, as amended); the Resource Conservation and
Recovery Act (42 U.S.C. §§6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. §§2601-2692, as
amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, §§25300-25395, as
amended); the Hazardous Waste Control Law (Health & Safety Code, §§25100-25250.25, as amended); the Safe
Drinking Water and Toxic Enforcement Act (Health & Safety Code, §§25249.5-25249.13, as amended); the Underground
Storage of Hazardous Substances Act (Health & Safety Code, §§25280-25299.7, as amended); or under any other local,
state or federal law, statute or ordinance, or at common law.
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the propeffy of
Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or
damage as may be caused by the sole willful act or negligent act or omission of City or any of its Council members,
officers, employees, agents or representatives.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its
rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not
operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any
custom or practice which may arise between the parties in the administration of any part or provision of this Contract be
construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the
covenants, terms and conditions of this Contract.
o ¯ Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining
to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now
or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or
official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by
reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination in employment and
hazardous materials.
10.
11.
Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of
Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Invitation For Bid.
Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services
during the course and scope of the Project and Work, Contractor represents and warrants:
Any materials and equipment which shall be used during the course and scope of the Project and Work shall be
vested in Contractor; - -
CITY OF PALO ALTO IFB 112122 PAGE 2 OF 6
ATTACHMENT "C"
FORMAL CONTRACT SECTION 500
,b.Any materials and equipment which shall be used during the course and scope of the Project and Work shall be
merchantable and fit to be used for the particular purpose for which the materials are required;
Co Any labor and services rendered and materials and equipment used or employed during the course and scope
of the Project and Work shall be free of defects in workmanship for a period of one (1) year after the recordation
of the Notice of Substantial Completion,~, if no such notice is required to be filed, on the date that finalpayment is made hereunder;
do Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by
Contractor for and in behalf of City.
Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or
not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time
such information issubmitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms
and conditions of Contractor’s Bid, except as may be permitted by the Invitation For Bid;
Contractor has the power and authority to enter into this Contract with City, that the individual executing this
Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed,
delivered and performed pursuant to the p0~r and authority conferred upon the person or persons authorized
to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project Manager
or any other person who has directly contributed to City’s decision to award the contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect
Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions,
certifications, and other written information as may be requested of Contractor by City from time to time during
the term of this Contract;
ko Contractor and any person performing labor and services under this Project are duly licensed by the State of
-California as required by California Business & Professions Code Section 7028, as amended; and
Contractor has fully-examined and inspected the Project site and has full knowledge of the physical conditions of
the Project site.’
12.
13,,
Assiqnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be
assigned by Contractor. Any attempted assignment shall be null and void.
Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within~the-Contract Time or other
disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or registered mail within
ten (10) Days after the claim arose or within such other time as may be permitted or required by law, and shall be
described in sufficient detail to give adequate notice of the substance of the claim to City.
14.Audits by’ City. During the term of this Contract and for a period of not less than three (3) years after the expiration or
earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and Work-related writings
and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended,
during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of
City.
15.Notices. All agreements, appointments, approvals, authorizations,-claims, demands, Change Orders, consents,
designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be
sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postag.e
CITY OF PALO ALTO IFB 112122 PAGE 3 OF 6
ATTACHMENT "C"
PART II FORMAL CONTRACT (SAMPLE) SECTION 500
prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimiletransmission, if sent to the telephone
FAX number set fo~h below during regular business hours of the receiving party and followed within two (2) Days by
delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal
service shall include, without limitation, service by delivery and service by facsimile transmission.
To City:City of Palo Alto
City Clerk f
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to:City of Palo Alto
Utilities Department, Attn: Edward Wu, Project Manager
250 Hamilton Ave
P.O. Box 10250
Palo Alto, CA 94303
To Contractor:
÷
Attn:
16.
17.
Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter of the
City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such
expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract shall
terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the following
fiscal year, or (ii) 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 shall control in theevent of a conflict with any
other provision of this Contract.
Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and
City is, therefore, not responsible for any damage to the personal property of Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent
shall be in writing and shall be executed by a person having the express authority to grant such approval or
consent.
Co Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance
with the Laws of the State of California.
do Definitions. The definitions and terms set forth in Section I of the Standard Drawings and Specifications (1992)
of this Contract are incorporated herein by reference.
Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its
obligations under this Contract which directly results from an Act of God or an act of a superior governmental
authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the
construction or interpretation of any part of this Contract.
Incorporation of Documents. All do.cuments constituting the Contract documents described in Section ~3 hereof
and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by
PAGE 4 OF 6CITY OF PALO ALTO IFB 112122
ATTACHMENT "C"
PART II FORMAL CONTRACT !SAMPLE! SECTION 500
such reference incorporated in this Contract and shall be deemed to be part of this Contract.
ho Integration. This Contract and any amendments hereto between the parties constitute the entire agreement
between the parties concerning the Project and Work, and there are no other prior oral or written agreements
between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contra~ shall not be modified or be bindir~g upon the parties, unless such
modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other
stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or
permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall
be deemed to be both covenants and conditions.
ko Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other
writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or
which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or
unenforceable, the provisions of this Contract not so affected shall remain in ,full force and effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an
independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights
and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor
expressly waives any and all claims to such rights and benefits.
no Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and
bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of
time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and
including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day
observed as a legal holiday by-City,the time for performance shall be extended to the following Business Day.
go Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall
be vested exclusively in the state courts of California in the County of Santa Clara in the City of San Jose or in
the United States District Court for the Northern District of California in the City of San Jose.
qo Recovery of costs. 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, including reasonable attorney’s fees, incurred or expended in
connection with such action against the non-prevailing party.
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of Palo Alto,
County of Santa Clara, State of California on the date first stated above.
ATTEST:CITY OF PALO ALTO
By:
City Clerk Its: Mayor
APPROVED AS TO FORM:
Senior Assistant City Attorney
CITY OF PALO ALTO IFB 112122 PAGE 5 OF 6
ATTACHMENT "C"
PART II FORMAL CONTRACT (SAMPLE)
APPROVED:
Assistant City Manager
Director of Utilities
Director of Administrative Services
Contract Manager(insurance review)
SECTION 5O0
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Title:
(Compliance with California Corporations Code § 313 is required if
the entity on whose behalf this Contract is signed is a corporation
In the alternative, a certified corporate resolution attesting to the
signatory authority of the individuals signing in their respective
capacities is acceptable.)
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
On , before me,
public in and for said County, personally appeared
, a notary
, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the Within
instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized
capacity(ies), and that by his/her/theiP signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (,Seal)
"CITY OF PALO ALTO IFB 112122 PAGE 6 OF 6
PROPOSED L2" SANITARY
RELIEF SEWER
101 BAYSHORE FREEVAY
GREER PARK
ANL4RILLO AVENUE / EMBARCADERO WAY RELIEF SEWER. PROIECT - CIP 37770
ATTACHM-F:.NT D - ~R (~’T l ~0 ATr~ ~,4 ~,0
ATTACHMENT E
AMENDMENT NO. 2 TO CONTRACT NO. C7085061
BETWEEN THE CITY OF PALO ALTO AND
KENNEDY/JENKS CONSULTANTS, INC.
Amendment No. 2 to Contract No. C7085061 ("Contract") 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 KE~CNEDY/JENKS CONSULTANTS, INC., a
California Corporation, located at 2191 East Bayshore Road,
Suite 200, Palo Alto, CA 94303 ("CONSULTANT").
RE C I TAL S:
WHEREAS, the Contract was entered into between the
parties for the provision of professional services; and
WHEREAS, the parties wish to amend the Contract;.
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
follows:
SECTION i.Section 6.1 is hereby amended to read as
"In consideration for the full performance of
the Basic Services and reimbursable expenses described in
Section 4.1 of this Agreement, CITY agrees to pay
CONSULTANT a fee not to exceed Nine Hundred Thirteen
Thousand Two Hundred Twenty-eight Dollars ($913,228.00)
as itemized in Exhibit ~B", as may be revised from time
to time.
The amount of CONSULTANT’s compensation_shall
be calculated as set forth-in Exhibit ~B", Schedule of
Charges, attached hereto, on a time and materials basis,
up to the maximum amount set forth in this paragraph 6.1.~
The full payment of charges~for extra work or
changes, or both, in the execution of the Project will be
made, provided such request for payment is initiated by
CONSULTANT and authorized, in writing, by the project
manager. Payment will be made within thirty (30) days of
submission by CONSULTANT of a statement, in triplicate,
of itemized costs covering such work or changes, or both.
Prior to com~!.encing such extra work or changes, or both,
the parties will agree upon an estimated maximum cost for
such extra-work or changes. CONSULTANT will not be paid
for extra work or changes,_including, without limitation,
any design work or change order preparation, which is
990510 syn 0071608
1
SECTION 2. The following exhibits to the-Contract are hereby
amended to read as set forth in the attachments to this Amendment,
which are incorporated in full by this reference:
a.Exhibit "A" entitled "Scope of Services"
b.Exhibit "B" entitled "Proposed Budget".
SECTION 3. Except as herein modified, all other
provisions of the Contract, including any exhibits and subsequent
amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have’ by their duly
authorized representatives executed this Amendment No. Two on the
date first above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
KENNEDY/JENKS CONSULTANTS,
INC.
Title : q%~-- --’~eS\~5~J~
Director of Administrative
Services By
Director of Utilities
Insurance Review
Nam~
Title :--~\~K~\]~<_
Taxpayer Identification No.
.94-
Attachments :
EXHIBIT ~A" :
EXHIBIT "B" :
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
In the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
SCOPE OF SERVICES (Revised).
PROPOSED BUDGET (Revised)
990506 syn 0071608
2
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)
)
)
On /~ I~ /qy~, before me, the undersigned, a
notary, public in and for said County, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on~ the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
signa~ t~a~y Public
990506 syn 0071608
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
On /~y/~, /~YY, before me, the undersigned, a
notary pub~l ic in a.n~ for said County, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the-person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signat~N~ic
990506 syn 0071608
EXHIBIT A - SCOPE OF SERVICES
Amarillo Avenue and Embarcadero Way
Relief Sewer Project
GENERAL
The Consultant shall provide engine_e~ng se~rvices to design, develop construction drawings,
specifications, and a construction cost estimate for the Amarillo Avenue and Embarcadero Way
Relief Sewer Project. ¯
CONSULTANT SERVICES
The Consultant’s services shall include evaluating the criteria used as a part of the City’s 1989
master plarpa_ ing effort, comparing this criteria to the existing conditions, designing a relief sewer
and preparing construction documents for the installation of the relief sewer. The Cons~altant’s
basic services shall include the tasks outlined below.
W1 - Workshop No. 1
the consultant shall organize and conduct the first workshop with City personnel to
establish project goals and schedules, identify roles and responsibilities, and discuss the
CEQA and public outreach programs.
Task 1 - Evaluation of Design Criteria
The Consultant shall evaluate the design criteria used in the 1989 Master Plan Study,
compare the design flows with flow records, and verify the need and/or diameter for the
relief sewer. This task shall also include the adjustment of the hydraulic model (SNAP)
to reflect the current existing conditions and then the running of the model to verify the
1989 master flow recommendations. The work in this task shall be presented to the City
in a letter report. --
W2 - Workshop No. 2
The Consultant shall organize and conduct a second workshop with City personnel to
review the design criteria, develop project alternative evaluation criteria, assign weighting
factors, and develop project alternatives.
Task 2 - Data Acquisition
’The Consultant shall obtain the data necessary for the analysis of some of the key project
issues. Included-in this data be record information on the construction of the existing
sewer, easement information on the existing sewer, and existing utility location
information. Topographic survey information and geotechnical information shall also be
obtained for the most likely relief sewer alignment. This alignment shall be reviewed
with the City Staff prior to commencing the work. Should an alternate alignment be
selected at a later date, obtaining additional survey and geotechnical information shall be
considered as additional services.
o
o
P 1 - Public Meeting No. 1
The Consultant shall organize.and c~0nduct the first public meeting with City personnel,
interested groups, and the public to present the general description of the relief sewer
project.
Task 3 - Detailed Analysis of Key Issues
The Consultant shall utilize the information collected in Task 2 to perform an engineering
ana!ysis of the options for constructing the relief sewer. The areas for which various
c~ptions shall be evaluated shall include: pipeline alignment, construction methods,
materials Of construction, construction scheduling, environmental concerns, and
environmental issues. The factors utilized in the evaluation of selected options shall
include Task 2 data, physical constraints, geotechnical information, permitting
requirements, economics, and weather. The work in this task shall be summarized in a
letter report to the City.
W3 - Workshop No. 3
The Consultant shall organize and conduct a third workshop with City personnel to
present the results of the evaluation of the options, to select the preferred project, and to
initiate the CEQA process.
P2 - Public Meeting No. 2
The Consultant shall organize and conduct a second public meeting with City personnel,
interested groups, and the public to present-the description of the preferred relief sewer
project. Additional public meetings and public appearances shall be considered as
additional services.
Task 4 - Assessment of Permits
10.
The Consultant shall determine which permits and easements are needed, their specific
requirements, and the appropriate contact person within the granting agency. The
Consultant shall assist the City in applying for and obtaining these permits. This work
shall include completing applications from local, state, and federal agencies with
permitting authority over work in the project site locality.
Task 5 - Preparation of Design Documents
11.
The Consultant shall prepare Contract Documents including Plans, Profiles, Details, and
Specifications for the bidding and construction of the relief sewer project. The
documents shall be submitted for review and comment by the City at the 50% and 90%
completion points. This task work shall also included the preparation of a project
construction cost estimate and assistance to the City in the prequalification of specialty
tunneling construction contractors. The City shall provide the document reproduction fro
this project.
Task 6 - Bid Support
The Consultant shall provide engineering support to the City during the bidding process
for the construction of the relief sewer project. The engineering support during bidding
shall include the recording of questions by bidders, the preparation of addendums as
required, attending a pre-bid conference and job walk with the City and bidders, and the
evaluation of the bids.
12.Tasl~ 7 - Support during Construction
Definitions: .-
Contract Documents: The construction Contract Documents
Contractor: The construction contractor
Engineer: Kennedy/Jenks Consultants Inc.
Task 7A:Preconstruction Services
7A.1
7A.2
Project initiation: Set up project procedures and job files, set up and organize field
and office work spaces, obtain equipment and furnishings, review the design
documents, and perform other work required to initiate the project.
Preconstruction meeting: Conduct a Preconstruction Meeting with the City and.
the Contractor to establish project working relationships and procedures and to
review job conditions and requirements. Prepare a meeting agenda and meeting
minutes.
7A.2 Preconstruction photographs and video: Take preconstruction photographs and
videos of the work sites including construction staging areas, temporary easement
areas, and landscaping, traffic markings, bike path markings and other structures
along the sewer alignment, and faces of buildings or other structures on eithe~ side
of the alignment. Two copies of photographs and videos will be made, one for the
City and one for the Engineer’s project file.
Task 7B:Onsite Services
7B.1 Full time resident engineering and inspection: Provide onsite technical personnel
to observe the construction activities for compliance with requirements of the
7B.l.1
7B.2
7B.3
7B.4
7B.5
7B.6
7B.7
7B.8
7B.9
contract plans and specifications.
Excavation observation: Observe completed excavations to determine the
condition of the soils at the bottom of the excavations. Identify unsuitable base
soils and extent of any required remediation.
Schedule review and monitoring: Review monthly updates to Contractor’s
schedule to assess complian~ with contract requirements and to monitor the
schedule versus actual work~progress.
Project meetings: Conduct weekly meetings with the City and the Contractor’s
representative to review project schedule, issues regarding compli_ance with
contract requirements, coordination with the City and other entities, and activities
planned for the next two weeks.
Project records:
Maintain job files .... -
Prepare daily construction activity reports, meeting minutes of weekly
project meetings, field clarifications, requests for quotation, change orders
and other documents.
Maintain logs of submittals, RFIs, change orders and test results.
Materials testing: Schedule testing of materials in accordance with the project
specifications including soil compaction tests, and_ testing of concrete and field
welds (as necessary). Testing of materials will be performed under the City’s
existing contract with Testing Engineers, Inc (TEI). Review TEI invoices
confirming testing services pe.rformed to assist City’s invoice processing. Insofar
as conditions allow, record number of hours TEl spends on site.
-Field reports: Receive and file Contractor generated reports and records of field
operations including:
survey notes and records of laser setup, layout of work, etc.
microtunneling records and shift reports of thrust force, slurry pressure,
etc. in accordance with Paragraph 1.05G of Section 02315.
field test results and test reports.
Review and verify Contractor’s proposed percentage of work complete in
accordance with the requirements of the project specifications. Make ,_
recommendation for City approval of the Contractor’s progress payment requests.
Delineate in the field the boundaries of the marsh and wetlands areas in the
vicinity of the project for the Contractor’s reference in erecting barriers and
signage in accordance with the project specifications.
Coordination: Respond to requests from City departments or from other agencies
as may result from the construction. Work may include assistance with obtaining
City use permits and providing notifications to and/or informational meetings
with parties affected by construction activities.
7B. 10 Observe and monitor field testing performed by the Contractor including leakage
testing of pipe, manholes and slide gates, and testing of flowmeter equipment.
Task 7C:office Support Services
7C.1 Schedule: Review the Contractor:s proposed Construction Schedule for
compliance with the requirements of the Contract Documents.
7C.2 submittals: Provide review, consultation and processing of Contractor’s shop
drawings, materials testing reports, work plans and other submittals for
conformance with the requirements of the Contract Documents. The Engineer
will receive the submittals from the Contractor, distribute a copy to the
appropriate reviewer and conform the other four copies (of 5 copies received) to
the reviewer’s comments. The five conformed submittal copies will be
distributed as follows: One copy each to the City and the Engineer’s onsite office,
two copies will be returned to the Contractor, and one copy will be retained for
the office file. The budget for submittal review is based on an anticipated
maximum total of 60 submittals and resubmittals at an average of four hours of
review time each. :
7C.3
7C.5
Coordinate review of certain submittals with the City, as appropriate, such as
review of the Traffic Control Plan by the City Traffic Department and approval of
backfill material by the Public Works Department.
Provide the following design-related office support services:
Review and negotiate requests for modifications with the Contractor. -- -
Recommend change orders to the City and prepare justifications for change
orders.
Provide interpretation of contract specifications and drawings.
Review and respond to Contractor generated RFIs. The budget for responding
to RFIs is based on an anticipated maximum of 100 RFIs, each with an
average review and response time Of four hours.
Review claims made by the Contractor.
Record Drawings: Prepare and deliver to the City one set of reproducible Ree’ord
Drawingsand one set of Record Drawings oft he completed construction project
in an electronic format (Autocad 1-4). Record Drawings will reflect field changes
that have been recorded by the Contractor.
Project Management: Manage the project including monitoring and tracking
schedule and budget, coordination with subcontractors and keeping the City
informed of project status.
7C.5.1 Project kickoff meeting: Meet with the City to establish procedures for
coordination with the City including routing of submittals and other documents
and other administrative details. Also review agenda for Preconstruction Meeting.
7C.5.2 Project status meetings: .Conduct monthly project meetings with the City to
review project status, including schedule and budget status, and to discuss
administrative or technical issues as required. Provide the City with minutes of
the project status meetings.
Task7D Project Closeout
7D.1 Provide project closeout services including:
-Conduct Final Walk-through
-Review final payment request
-Review pipe post video tapes
-Finalize project documents and records for future reference
-File Notice of Completion
Task 7E Additional Services
13.
7E.1 Provide, on a time and expense reimbursable basis, additional construction
services as may be authorized by the City.
Task 8 - Review Sewer Master Plan Update.
The City will prepare a separate agreement with our subconsultant, Talavera and
Richardson to complete a limited update of the City’s Sewer System Master Plan. The
work to be completed for this task is for Kennedy/Jenks to review the Sewer System
Master Plan update and to work with Talavera and Richardson to provide an-updated
master plan that meets the overall objectives of the Amarillo Avenue and Embarcadero
Way Relief Sewer Project. We have estimated that 32 hours of engineering and 2 hours
of administrative stafftime will be required to complete this task for a total cost of
$4,416.
14.Task 9 - Right-of-Way Support Services
Our surveying subconsultant, Sandis Humber Jon~s, has prepared a proposal to provide
the plats and descriptions for the new sewer line and the temporary construction
easements along Alignment Option B for the~Amaxillo Avenue and Embarcadero Way
Relief Sewer Project. They have estimated that seven (7) plats and descriptions will be
required for this effort based upon the alignment, for option B and their knowledge of the
property ownership along the.alignment. They have assumed that the City of Palo Alto’s
Real Estate Department will perform the title searches and other activities related to the
right-of-way acquisition process.
Our subconsu~tant has estimated a cost of $5,500 to complete their scope of work.
Kennedy/Jenks consultants will manage their work as part of our existing contract with
the City. However, we have included 32 hours of engineering and 8 hours of
designer/CAD time to support the City’s Right-of-Way staff during the easement
acquisition process. The total cost for engineering labor, subconsultant costs, and markup
for Task 9 is $8,739.
ADDITIONAL CONSULTANT SERVICES
The Consultant may be required to perform additional services. Additional services shall be
performed only upon written authorization from the City. Payment for the additional services.
shall be time and expense based on the schedule of charges. The maximum limit for each
additional t.ask shall be negotiated and agreed upon prior to providing the service. Cons_ultant
shall provide a schedule of charges with the fee information.
PENDING CONSULTANT SERVICES
Upon completion of the design documents, staff will review the design and negotiate withe
Consultant the level of support needed during construction:-The detailed Consultant services for
this task will be developed at such time. As a minimum, the services shall include those listed in
Task 7.
WORK NOT INCLUDED IN SCOPE
This includes title searches and the negotiation and ~cquisition of the easements.
EXHIBIT B
Proposed Budget for
Amarillo Avenue and Embarcadero Way. Relief Sewer Project
City of Palo Alto
A
B
C
D
E
F
G
H
I
J
K
L
M
N
Task
W1 - Workshop No. 1
Task 1 - Evaluation of Design Criteria~
W2 Workshop No. 2
Task 2 - Data Acquisition
P 1 - Public Meeting No. 1
Task 3 - Detailed Analysis of Key Issues
Cost
$5,000.00
$16,000.00
s lO,O0d.oo
$70,000.00
$ 6,000.00
$ 55,000.00
W3 - Workshop No. 3
P2 - Public Meeting No. 2
Task 4 - Assessment of Permits
$15,000.00
$ 7,000.00
$ 7,000.00
Task 5 - Preparation of Design Documents
Task 6 - Bid Support
Task 7 - Support During Construction
Task 8 - Review Sewer Master Plan Update
Task 9 - Right-of-Way Support Services
Total
$ 100,000.00
$--10,000.00
$ 599,073.00
$ 4,416.00
$ 8,739.00
$ 913,228.00
Cost of Task 1 increased $11,000 for System Modeling
Client/Address:Kennedy/Jenks Consultants
Contract/Proposal Date:
, Schedule of Charges January 1, 1999
Personnel Compensation
Classification -Hourly Rate
Drafter/Technician ........................................................... ..............................$62
Deslgner/Senior Technician ........,~ .................................................~. ...........$78
Staff Engineer-Scientist ......................................................................; .........$72
Senior Staff Engineer-Scientist .....................................................................$78
Engineer-Scientist .......................................................................................$96
Associate Engineer-Scientist ......................................................................$110
Senior Associate Engineer-Scientist ..........................................................$120
Senior Engineer-Scientist ...........................................................................$135
Principal Engineer.Scientist ........................................................................$145
Senior Principal ..........................................................................................$150
Word Processor/Project Administrator" ........................................................$53
Non-Technical*. ..............................; .............................................................$42
*Time will be charged only for preparation of technical reports/matedab, and special documentation and does not
apply to routine administrative activities. -- ~
The above Hourly Rates include normal and Incidental costs such as routine communications, postage and off~ce
supptlss.
Direct Expenses
Reimbursement for direct expenses, as listed below, Incurred in connection with the work, v~ll be at cost plus
ten percent for ;terns such as:
a.Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work.
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 ~ees, Insurance, pe~rnlts, and licenses applicable to the work.
f.Outside computer processIl~g, computatbn, and proprietary programs purchased for the work.
Reimbursement for owned ~utomobilss, except trucks and four.wheel drive vehicles, used in connection with the
work will be at the rate of 35 cents per mile. The rate for tNcks and four.wheel drive vehicles will be $25 per day
and 40 cents per mlle. ’
Reimbursement for use of rnlcrocornputers will be at the rate of $10 per hour. Reimbursement for use of
computerized drafting systems (CADD) will be at the rate of $20 per hour for microcomputer based systems and
$25 per hour for minicomputer based systems.
Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times
the Hourly Rates specified above,
Other in-house charges for pdnts and reproduction, equipment usage, laboratory analyses, etc. will be st
¯ .standard company rates.
Excise and gross receipts taxes, if any, will be added as a direct expense.
The foregoing Schedule of Charge.~ is Incorporated into the agreement for the services provided, effective January 1, 1999through December 31,199~. After December 31, t999, invoices will reflect the Schedule of Charges currently In effect.