HomeMy WebLinkAboutStaff Report 191-07City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: UTILITIES
DATE:APRIL 16, 2007 CMR: 191:07
SUBJECT:APPROVAL OF A BUDGET AMENDMENT ORDINANCE IN THE
AMOUNT OF $250,000; AND APPROVAL OF A CONTRACT WITH
RMC WATER & ENVIRONMENT, INC. IN THE AMOUNT OF $242,700
FOR COMPLETION OF A RECYCLED WATER FACILITY PLAN AND
PREPARATION OF ENVIRONMENTAL .DOCUMENTS FOR CAPITAL
IMPROVEMENT PROGRAM PROJECT WS-07001
RECOMMENDATION
Staff recommends that Council:
Approve the attached Budget Amendment Ordinance (BAO) in the amount of $250,000,
transferring $85,000 from the Water Rate Stabilization Reserve and $165,000 from the
water operations and maintenance (O&M) budget to Capital Improvement Project (CIP)
WS-07001, Water Recycling Facilities.
,.Approve and authorize the City Manager to execute a contract with RMC Water &
Environment, Inc. (Attachment B) in a not-to-exceed amount of $242,700 for planning
and engineering design services for the Recycled Water Expansion Capital Improvement
Program Project (WS-07001), including $220,700 for basic services and $22,000 for
additional services.
BACKGROUND
The City of Palo Alto currently uses recycled water produced at the Palo Alto Regional Water
Quality Control Plant (RWQCP) for certain uses. These uses include: irrigation at the municipal
golf course, Greer Park, and around the RWQCP; certain processes at the RWQCP;/maintenance
of the duck pond; and enhancement of Emily Renzel Marsh. All of these uses are at City-owned
facilities. The City of Palo Alto Utilities and the partners/owners of the RWQCP examined the
feasibility of expanding the use of recycled water to serve additional City and commercial
customers in the RWQCP service area in 1991 and 1992. This examination concluded with the
publication of the April 1992 report, "Water Reclamation Master Plan for the Regional Water
Quality Control Plant" (Master Plan).
CMR:191:07 Page 1 of 6
In April 1995, the Council certified the Program Enviromnental Impact Report (EIR) for the
projects identified in the Master Plan [CMR:217:95]. At that time, the Council decided not to go
forward with the new projects as they were not cost-effective. Council directed staff to re-
evaluate the projects in case of changed conditions such as: 1) changes in the RWQCP discharge
permit requirements; 2) increased mass loading to the RWQCP; 3) requests by partner agencies
of other local agencies; 4) availability of federal or other funds; and 5) supply-side issues, which
may lead to increases in the value of recycled water from a water supply perspective, such as
water supply cost, water supply availability, regulatory and legislative initiatives and advanced
treatment for potable reuse.
Since that time, a segment of the project identified in the Program EIR, an extension of the
RWQCP’s recycled water system to Mountain View and Moffett Field, is moving toward
construction. In addition, the wholesale costs of water fron-i the San Francisco Public Utilities
Commission (SFPUC), the City’s primary water supplier, are projected to increase dramatically
as projects are completed to upgrade SFPUC’s regional water system. In response to these
changed circumstances, in July 2006, the City completed a Recycled Water Market Survey
(RWMS) to update the 1992 Master Plan and re-examine the feasibility of extending the recycled
water system to deliver water to end uses in Palo Alto. The 2006 RWMS identified a total
potential demand of about 1,700 acre-feet per year (AFY) in Palo Alto and identified a project to
serve about 840 AFY of recycled water demand.
The RWMS also determined that the estimated cost of the recycled water from the project is
higher than the expected future cost of water from the SFPUC. Therefore, the project does not
appear to be cost-effective unless outside funding can be secured. Before the project can be
considered for state and federal funding, additional planning and design~ work must be
completed. Specifically, state grant funds require the completion of a Recycled Water Facility
Plan. Therefore, staff solicited proposals from qualified consultants to complete such a plan and
submitted an application for a planning grant from the State Water Resources Control Board to
cover part of the cost of the plan.
On November 20, 2006, the Council authorized the City to file a Water Recycling Facilities
Planning Grant application in the amount of $75,000 with the State Water Resources Control
Board (SWRCB) [CMR:415:06]. The City’s application for this planning grant was approved by
the state. Attachinent C is the funding commitment from the SWRCB.
DISCUSSION
Additional state grant funds are expected to become available, including those from the recently
passed State Propositions 84 and 1E. Funding may also be available from federal governnaent
programs, the SFPUC’s Water System Improvement Program and the Santa Clara Valley Water
District. However, there will be intense competition for these funds. Therefore, the primary
objective of the Recycled Water Facility Plan is to further develop the project plan so that it is
ready to implement and, thus, the project will be well-positioned to receive any available outside
funding.
CMR: 191:07 Page 2 of 6
Scope of Services Description
The scope of work to be performed under the contract is to prepare a Recycled Water Facility
Plan that meets all the requirements of the SWRCB. This project generally consists of analyses
of all of the essential components of a potential expanded recycled water system to serve
additional users in the City of Palo Alto. The tasks include:
1.Site Investigation - Conduct thorough site investigations as the basis to develop recycled
water project alternatives and accurate cost estimates for the project. This investigation
will include meetings with major potential users to confirm requirements.
2.Analysis of Project Alternatives and Recommended Facilities Plam~ing Project Develop
and evaluate recycled water distribution system alternatives to serve the service areas
identified in Task 1, develop a "project plan" and complete preliminary design for the
recommended facilities.
3.Preparation of Financial & Revelme Plan - prepare a construction financing and revenue
plan for the facilities recommended under Task 2, develop a pricing policy, and identify
all potential outside funding sources for design and construction.
4.Enviromnental Documentation - Prepare the environmental review for the recommended
facilities so that the City can move forward with the design and construction of the
facilities.
5.Public Outreach Prepare fact sheets, outreach materials, etc. to assist the City with
public outreach; develop and conduct stakeholder and public meetings and workshops on
the recycled water program.
6. Preparation of Facility Plan Reports - Prepare a Facilities Plmming Report that meets the
SWRCB guidelines.
7. Development of User Agreements Assist in the development of elements that will
become part of a user contract. The City will prepare the user agreement.
8. Project Management - Ensure coordination and communication between the consultant
team and the City for the duration of the project, provide quality control on the study
deliverables, and assure timely coordination with the SWRCB.
The project is scheduled for completion by the end of FY 07-08.
Summary of Solicitation Process
A Request for Proposals (RFP) was issued on December 21, 2006 with proposals due February
6, 2007. The table below summarizes the solicitation process.
CMR:191:07 Page 3 of 6
Proposal Description/Number Recycled Water Facility Plan and Preparation of
Environmental Documents/RFP Number 120333 for
Professional Services
Proposed Length of Project 36 months
Number of Proposals Mailed 17 (RFP also posted on the web)
Total Days to Respond to Proposal 48
Pre-proposal Meeting Date None
Number of Proposals Received:3
Company Name Location Selected for oral interview?
1. Carollo Engineers Walnut Creek, CA Yes
2. RMC Water and Enviro~ment San Jose, CA Yes
3. RBF Consulting Walnut Creek, CA Yes
Range of Proposal Amounts Submitted $197,000 to $343,000
An evaluation committee consisting of staff from the RWQCP and Utilities reviewed the
proposals. Three finns were invited to participate in oral interviews on February 28 and March
1, 2007. The comlnittee carefully reviewed each finn’s qualifications and submittal in response
to the criteria identified in the RFP:
1.Specialized experience in the type of work;
2.Past performance and record of the firm and the proposed project team on similar
projects;
3.Familiarity with issues associated with the project;
4.Qualifications of the project manager, lead engineer, and team;
5.Ability to organize and present material;
6.Good understanding of the objectives as evidenced by the completeness and clarity of the
proposal and the inclusion of specifics and details that are essential for proposal
evaluation;
7.Ability to work with the public, city officials, and agencies~ and
8.Familiarity with the guidelines and requirements of the State Water Resourdes Control
Board and other funding requirements.
RMC Water & Environment, Inc. was selected because the firm displayed the best understanding
of the project’s objectives. In addition, RMC Water & Environment, Inc. has experience in
similar projects, is familiar with the City’s project, has exceptional team qualifications, and has
had success with securing grant funds for other client’s similar projects.
RESOURCE IMPACT
Prior to receiving the proposals in response to the RFP, staff anticipated that the cost to complete
the requested scope of work would be $150,000. A total of $165,000, which includes $15,000
for possible additional tasks, is budgeted. However, all three of the consultants that responded to
the RFP advised that completing the scope 0fwork would cost more than staff anticipated.
Staff’s decision to include preparation of environmental document in the scope of work was the
main reason for the cost rising above the anticipated cost for completion of a facilities plan.
However, this is the appropriate time to prepare the enviromr~ental documents for the project and
having them complete will make the project more competitive when seeldng grants for
CMR: 191:07 Page 4 of 6
construction of the project. The cost to complete the scope of work is estimated at $242,700.
Staff recommends a total of $250,000 be allocated to this project, providing an additional
$29,300 to cover contract contingencies and staff time related to managing the contract and
coordinating grant applications. The plamaing grant comrnitment from the State Water Resources
Control Board is for half of the cost of the project up to a maximum of $75,000. Therefore, the
cost to the city for the project is $175,000.
¯There is $165,000 currently budgeted for this project in the (O&M) budget for FY 06-07.
°A Budget Amendment Ordinance (BAO) is required in the anaount of $250,000 to create a
recycled water CIP (WS-07001). To fund the project, $85,000 will be transferred from the
Water Rate Stabilization Reserve and $165,000 will come from the O&M budget.
¯The FY 07-08 budget contains the expected revem~e from the SWRCB of $75,000.
¯No impact to the General Fund.
POLICY IMPLICATIONS
Continuing the exploration of expanding the use of recycled water in Palo Alto is consistent with
Council policy. The Council has supported this goal by its approval of the Water Integrated
Resonrces Plan (WIRP) Guidelines in December 2003 [CMR:547:03], specifically, WIRP
Guideline #3: Actively participate in development of cost-effective regional recycled water
plans.
Council’s Sustainability Policy supports the development of recycled water, specifically in the
Policy’s statement to "reduce resource use and pollution in a cost-effective manner while striving
to protect and enhance the quality of the air, water, land, and other natural resources."
The City’s Comprehensive Plan contains Natttral Enviromnent Goal N-4: Water resources that
are prudently managed to sustain plant and animal life, support urban activities and protect
public health and safety. Specifically, Program N-26 addresses the use of recycled water:
Implement incentives for the use of drought-tolerant landscaping and recycled water for
landscape irrigation.
ENVIRONMENTAL REVIEW
This project is exempt from the California Envirolmaental Quality Act. Environmental review
will be conducted in COlmection with the facility plan.
NEXT STEPS
After the facility plan and enviromnental doculnents are complete, staff will develop a
recommendation on whether to proceed towards construction of the required facilities. The
recommendation will then go to the Council for action.
ATTACHMENTS
A: BAO
B:Contract No. 7120333 - Agreement Between the City of Palo Alto and RMC Water &
Environment, Inc. for Professional Services
CMR:191:07 Page 5 of 6
C:Grant Funding Commitment from the State Water Resources Control Board Water Recycling
Facilities Plmming Grant Program
D:Bid Summary
E:CIP 2007-09 Budget, Page 21
PREPARED BY:
JANE RATCHYE
Senior Resource Planner
DEPARTMENT APPROVAL:
CITY MANAGER APPROVAL:
Director of Ut~]’ties
City Manager
CMR: 191:07 Page 6 of 6
Attachment A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PAL0 ALTO
AMENDING THE BUDGET FOR FISCAL YEAR 2006-07 TO ESTABLISH
CAPITAL IMPROVEMENT ~PROGRAM PROJECT NUMBER WS-07001,
RECYCLED WATER DISTRIBUTION SYSTEM EXTENSION AND TO
PROVIDE AN APPROPRIATION IN THE AMOUNT OF $250,000
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION i. The City Council of the City of Palo Alto
finds and determines as follows:
A. Pursuant to the provisions of Section 12 of Article III of
the Charter of the City of Palo Alto, the Council on June 12, 2006
did adopt a budget for fiscal year 2006-07; and
B. The City of Palo Alto (City) currently uses water produced
(recycled water) at the Palo Alto Regional Water Quality Control
Plant (RWQCP) to irrigate the municipal golf course and Greer Park,
maintain the duck pond, enhance the Emily Renzel Marsh and provide
for certain processes at the RWQCP. All existing recycled water
uses are at City-owned facilities; and
C. The City and the partners/owners of the RWQCP examined the
feasibility of expanding the use of recycled water to serve
additional city and commercial customers in the RWQCP service area.
The examination was concluded with the publication of the April 1992
report ~Water Reclamation Master Plan for the Regional Water quality
Control"(Master Plan); and
D. In April 1995, the City Council certified the Program
Environmental Impact Report (EIR) for the projects identified in the
Master Plan. At that time, the City Council decided not to proceed
with the new projects as they were not cost-effective. The City
Council advised City staff to reevaluate the.projects in case of
changes of conditions occur such as changes in the RWQCP discharge
permit requirements, increase of mass loading to the RWQCP, re.quests
by partner agencies, availability of federal and other grants, and
supply-side issues, which may lead to increases in the value of
recycled water; and
E. Since April 1995, a segment of that project~ an extension of
the RWQCP’s recycled water system to Mountain View and Moffett
Field is moving toward construction. In addition, the costs of
wholesale water from the San Francisco Public Utilities Commission
(SFPUC), the City’s primary water supplier, are projected to
increase dramatically due to the completion of the upgrades of
SFPUC’s regional water system. In response to these changes, the
City completed in July 2006 a Recycled Water Market Survey to update
the 1992 Master Plan and re-examine .the feasibility of extending the
recycled water system to deliver water to end users in Palo Alto.
The survey identified a potential demand of recycled water; and
F. A new CIP project will need to be created for the Recycled
Water Distribution System Extension (Project). The estimated cost of
planning and environmental review work of the Project is $250,000.
Funding will be provided by the Water Fund rate stabilization
reserve of $85,000 and by a transfer of the operating budget to the
capital budget of $165,000. A grant of $75,000 from the State Water
Resources Control Board, projected to be received in fiscal year
2007-08, will reimburse the drawdown from the Water Fund rate
stabilization reserve; and
G. City Council authorization is needed to amend the 2006-07
budget as hereinafter set forth.
SECTION 2. Capital Improvement Project (CIP) WS-07001,
Recycled Water Distribution System Extension is hereby created.
SECTION 3. The sum of Two Hundred Fifty Thousand Dollars
($250,000) is hereby appropriated to Capital Improvement Project
Number WS-07001.
SECTION 4. Revenue in CIP Project Number WS-07001 is increased
by a transfer from the Water Fund operating budget in the amount of
One Hundred Sixty Five Thousand Dollars ($165,000).
SECTION 5. Revenue in CIP Project Number WS-07001 is increased
by a transfer from the Water Fund rate stabilization reserve in the
amount of Eighty Five Thousand Dollars ($85,000).
SECTION 6. The Water Fund rate stabilization reserve is reduced
by $85,000 to $3,541,000.
SECTION 7. As specified in Section 2.28.080(a) of the Palo Alto
Municipal Code, a two-thirds vote of the City Council is required to
adopt this ordinance.
SECTION 8.This project is Exempt from CEQA. Environmental
review will be conducted in connection with the facility plan.
SECTION 9. AS provided in Section 2.04.330 of the Palo Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
City Attorney
Director
Department
of Utilities
Director of
Services
Administrative
ATTACHMENT B
CITY OF PALO ALTO CONTRACT NO.C07120333
AGREEMENT BETWEEN THE CITY OF PALO ALTO AAID
RMC WATER AND ENVIRONMENT
FOR PROFESSIONAL SERVICES
(RECYCLED WATER FACILITY PLAN AND
PREPARATION OF EhIVIRONMENTAL DOCUMENTS)
This AGREEMENT is entered into , by and
between the CITY OF PALO ALTO, a California Charter City and a
municipal corporation of the State of California ("CITY"), and RMC
WATER AND ENVIRONMENT, a California corporation located at 2290
North First Street, Suite 212, San Jose, CA 95131 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to prepare a Facility Plan in accordance with the
State Water Resources Control Board’s Water Recycling Program
Guidelines and preparation of environmental documents to expand the
recycled water distribution System in Palo Alto("Services") .
B. CONSULTANT has represented that it and any subconsultants have
the necessary professional expertise, qualifications, and
I, and all required ............
provide the Services.
C. CITY in reliance on these representations desires to engage
CONSULTANT to provide the Serv±ces as more ~fully described in
Exhibit "A", attached to and made a part of this Agreement.
D. CONSULTANT has agreed to perform the Services on the terms and
conditions contained in this Agreement.
NOW, THEREFORE, in consideration of the recitals,
covenants, terms, and conditions, this Agreement, the parties
agree:
AGREEMENT
SECTION i. SCOPE OF SERVICES. CONSULTANT shall perform the Services
described in Exhibit "A" in accordance with the terms and
conditions contained in this Agreement. The performance of all
Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM. The term of this Agreement shall be from the
date of its full execution through completion of the services
unless terminated earlier pursuant to Section 21 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMA2qCE.
1
Time is of the essence in the
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performance of Services under this Agreement. CONSULTANT shall
complete the Services within the term of this Agreement and in
accordance with the schedule set forth in Exhibit "B~, attached to
and made a part of this Agreement. Any Services for which times for
performance are not specified in this Agreement shall be commenced
and completed by CONSULTANT in a reasonably prompt and timely
manner based upon the circumstances and direction communicated to
the CONSULTANT. CITY’s agreement to extend the term or the
schedule for performance shall not preclude recovery of damages for
delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid
to CONSULTANT for performance of the Services described in Exhibit
"A", including both payment for professional services and
reimbursable expenses, shall not exceed Two Hundred Twenty Thousand
Seven Hundred Dollars ($220,700). In the event Additional Services
are authorized, the total compensation for services and
reimbursable expenses shall not exceed Twenty Two Thousand Dollars
($22,000). The applicable rates and schedule of payment are set
out in Exhibit "C", entitled "COMPENSATION," which is attached to
and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with
and subject to the provisions of Exhibit ~C". CONSULTANT shall not
receive any compensation for Additional Services performed without
the prior written authorization of CITY. Additional Services shall
mean any work that is determined by CITY to be necessary for the
proper completion of the Project, but which is not included within
the Scope of Services described in Exhibit ’~A~.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall
submit monthly invoices to the CITY describing the services
performed and the applicable charges (including an identification
of personnel who performed the services, hours worked, hourly
rates, and reimbursable expenses), based upon the CONSULTANT’s
billing rates (set forth in Exhibit "C"). If applicable, the
invoice shall also describe the percentage of completion of each
task. The information in CONSULTANT’s payment requests shall be
subject to verification by CITY.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services
shall be performed by CONSULTANT or under CONSULTANT’s supervision.
CONSULTANT represents that it possesses the professional and
technical personnel necessary to perform the Services required by
this Agreement and that the personnel have sufficient skill and
experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subconsultants have and shall
maintain during the term of this Agreement all licenses, permits,
qualifications, insurance and approvals of whatever nature that are
legally required to perform the Services.
All of the services to be furnished by
2
CONSULTANT under this
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agreement shal! meet the professional standard and quality that
prevail among professionals in the same discipline and of similar
knowledge and skill engaged in related work throughout California
under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself
informed of and in compliance with all federal, state and local
laws, ordinances, regulations, and orders that may affect in any
manner the Project or the performance of the Services or those
engaged to perform Sea-vices under this Agreement. CONSULTANT shall
procure all permits and licenses, pay all charges and fees, and
give all notices required by law in the performance of the Services
CONSULTANT shall report immediately to the CITY’s project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and/or guidelines in
relation to the Project of the performance of the Services.
All documentation prepared by CONSULTANT shall use due professional
care to provide that all documentation prepared by CONSULTANT shall
provide for a completed project that conforms to all applicable
codes, rules, regulations and guidelines that are in force at the
time such documentation is prepared.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost
to CITY, any and all errors, omissions, or ambiguities in the work
product submitted to CITY, ~rcvided ~ gives notice ~o
CONSULTANT. If CONSULTANT has prepared plans and specifications or
other design documents to construct the Project, CONSULTANT shall
be obligated to correct any and all errors, omissions or
ambiguities discovered prior to and during the course of
construction of the Project.This obligation shall survive
termination of the Agreement.
SECTION 9. COST ESTIMATES. CONSULTANT shall submit estimates of
probable construction costs at each phase of design submittal. If
the total estimated construction cost at any submittal exceeds ten
percent (10%) of the CITY’s stated construction budget, CONSULTANT
shall make recommendations to the CITY for aligning the PROJECT
design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional
cost to CITY.
SECTION i0. INDEPENDENT CONTRACTOR. It is understood and agreed
that in performing the-Services under this Agreement CONSULTANT,
and any person employed by or contracted with CONSULTANT to furnish
labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
The manner and means of conducting the Services are the
responsibility of and under the control of CONSULTANT, except to
the extent they are limited by applicable law and the express terms
of this Agreement.
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CONSULTANT will be responsible for employing or engaging all
persons necessary to perform the Services. All contractors and
employees of CONSULTANT are deemed to be under CONSULTANT’S
exclusive direction and control. CONSULTANT shall be responsible
for their performance.
SECTION II. ASSIGNMENT. The parties agree that the expertise and
experience of CONSULTANT are material considerations for this
Agreement. CONSULTANT shall not assign or transfer any interest in
this Agreement nor the performance of any of CONSULTANT’s
obligations hereunder without the prior written consent of the city
manager. Consent to one assignment will not be deemed to be
consent to any subsequent assignment. Any assignment made without
the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the work to be
performed under this~ Agreement without the prior written
authorization of the city manager or designee.
CONSULTANT shall be responsible for directing the work of any
subconsultants and for any compensation due to subconsultants.
CITY assumes no responsibility whatsoever concerning such
compensation. CONSULTANT shall be fully responsible to CITY for
all acts and omissions of a subconsultant. CONSULTANT shall change
or,addsubconsultants only with the prior approval of the city
manager or hisdesignee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Tom
Richardson as the project director to have supervisory
responsibility for the performance, progress, and execution of the
Services to represent CONSULTANT during the day-to-day work on the
Project. If circumstances or conditions subsequent to the execution
of this Agreement cause the substitution of the project director,
project coordinator, or any other key personnel for any reason, the
appointment of a substitute project director, and the assignment of
any key new or replacement personnel will be subject to the prior
written approval of the CITY’s project manager. CONSULTANT, at
CITY’s request, shall promptly remove personnel who CITY finds do
not perform the Services in an acceptable manner, are
uncooperative, or present a threat to the adequate or timely
completion of the Project or a threat to the safety of persons or
property.
The city manager will represent CITY for all purposes under this
Agreement. Jane Ratchye is designated as the project manager for
the CITY. The project manager will be CONSULTANT’s point of contact
with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from
time to time.
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SECTION 14. DUTIES OF CITY. To assist CONSULTANT in the
performance of the Services, CITY will furnish or cause to be
furnished the specified services and/or documents described in
Exhibit "A" and such other available information as may be
reasonably requested by CONSULTANT.
SECTION 15. OWNERSHIP OF MATERIALS.
15.1. All drawings, plans, reports, specifications,
calculations, documents, other materials and copyright interests
(including all copyrightable interests arising under the 1990
Architectural Works Copyright Protection Act) developed or
discovered by CONSULTANT or any other person engaged directly or
indirectly by CONSULTANT to perform the services required hereunder
shall be and remain the property of CITY without restriction or
limitation upon their use. Neither CONSULTANT nor its contractors,
if any, shall make any of such materials available to any
individual or organization without the prior written, approval of
the city manager or designee. The CONSULTANT is not responsible for
CITY’s use of plans on other projects.
15.2. In addition to the provisions of Subsection 15.1.,
above, the following shall apply to all plans, drawings,
speclfications, and related reports and.documents, and electronic
equivalents (collectively "Plans") developed pursuant to this
Agreement:
15.1.1. CITY shall have the right to reproduce and
use the Plans forpurposes of the Project that is the subject of
this Agreement, including, but not limited to, any use associated
with construction, reconstruction, modification, management,
maintenance, and renovation of the Project.
15.2.2. CITY shall have the right to reproduce,
use and modify the PLANS, or portions thereof, in the design and
construction of any other future CITY project. CITY acknowledges
that CONSULTANT does not warrant the suitability of the PLANS for
reuse, other than as needed ~or the Project that is the subject of
this AGREEMENT.
15.2.3. The right of the CITY to modify and reuse
the PLANS pursuant to this Subsection 15.2. is subject tO the
provisions of California Business and Professions Code Sections
5536.25, 6735, 6735.3 or 6735..4, whichever is applicable.
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SECTION 16. AUDITS. CONSULTANT will permit CITY to audit, at any
reasonable time during the term of this Agreement and for three (3)
years thereafter, CONSULTANT’s records pertaining to matters
covered by this Agreement. CONSULTANT further agrees to maintain
and retain such records for at least three (3) years after the
expiration or earlier termination of this Agreement.
SECTION 17. INDEMNITY. To the fullest extent permitted by law,
CONSULTANT shall protect, indemnify, defend and hold harmless CITY,
its Council members, officers, employees and agents (each an
"Indemnified Party") from and against any and all demands, claims,
or.liability of any nature, including death or injury to any
person, property damage or any other loss, including all costs and
expenses of whatever nature including attorneys fees, experts fees,
court costs and disbursements ("Claims") that arise out of, pertain
to, or relate to the negligence, recklessness, or willful
misconduct of the CONSULTANT, its officers, employees, agents or
contractors under this Agreement, regardless of whether or not it
is caused in part by an Indemnified Party.
Notwithstanding the above, nothing in this Section 17 shall be
construed to require CONSULTANT to indemnify an Indemnified Party
from Claims arising from the active negligence, sole negligence or
willful misconduct of an Indemnified Party.
The acceptance of CONSULTANT’s services and duties by CITY shall
not .operate as a waiver of the right of indemnification. The
provisions of this Section 17 shall survive the expiration or early
termination of this Agreement.
SECTION 18. WAIVERS. The waiver by either party of any breach
or violation of any covenant, term, condition or provision of this
Agreement, or of the provisions of any ordinance or law, Will not
be deemed to be a waiver of any other term, covenant, condition,
provisions, ordinance or law, or ~of any subsequent breach or
violation of the same or of any other term, covenant, condition,
provision, ordinance or law.
SECTION 19. INSURANCE.
19.1.CONSULTANT, at its sole cost and expense, shall
obtain and maintain, in full force and effect during the term of
this Agreement,~ the insurance coverage described in Exhibit "D"
CONSULTANT and its contractors, if any, shall obtain a policy
endorsement naming the City of Palo Alto as an additional insured
under any general liability or .automobile policy or policies.
19.2.All insurance coverage required hereunder shall
be provided through carriers with Best’s Key Rating Guide ratings
of A-:VII or higher which are admitted to transact insurance
business in the State of California. Any and-al! contractors of
CONSULTANT retained to perform Services under this Agreement will
050310
obtain and maintain, in full force and effect during the term of
this Agreement, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
19.3.Certificates evidencing such insurance shall be
filed with CITY concurrently with the execution of this Agreement.
The certificates will be subject to the approval of CITY’s Risk
Manager and will contain an endorsement stating that the insurance
is primary coverage and will not be canceled, by the insurer except
after filing with the Purchasing Manager thirty (30) days’ prior
written notice of the cancellation, CONSULTANT shall be responsible
for ensuring that current certificates evidencing the insurance are
provided to CITY’s Purchasing Manager during the entire term of
this Agreement.
19.4.The procuring of such required policy or
policies of insurance will not be construed to limit CONSULTANT’s
liability hereunder nor to fulfill the indemnification provisions
of this Agreement.
SECTION 20. WORKERS’ COMPENSATION. CONSULTANT, by executing this
Agreement, certifies that it is aware of the provisions of the
Labor Code of the State of California which require every employer
to be insured against liability for workers’ compensation or to
underzake self’insurance in accordance Wlth the provisions of that
Code, and certifies that it will comply with such provisions, as
applicable, before commencing and during the performance of the
Services.
SECTION 21.TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
21.1.The city manager may suspend the performance of
the Services, in whole or in part, or terminate this Agreement,
with or without cause, by giving ten (I0) days’ prior written
notice thereof to CONSULTANT. Upon receipt of such notice,
CONSULTANT will immediately discontinue its performance of the
Services.
21.2.CONSULTANT may terminate this Agreement or
suspend, its performance of the Services by giving ten (i0) days
prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
21.3.Upon such suspension or termination, CONSULTANT
shall deliver to the City Manager immediately any and al! copies of
studies, sketches, drawings, computations, and other data, whether
or not completed, prepared by CONSULTANT or its contractors, if
any, or given to CONSULTANT or its contractors, if any, in
connection with this Agreement. Such materials will become the
property of CITY.
21.4 .Upon such suspension or termination by CITY,
0503107
CONSULTANT will be paid for the Services rendered or materials
delivered to CITY in accordance with the scope of services on or
before the effective date (i.e., i0 days after giving notice) of
suspension or termination; provided, however, if this Agreement is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY as such determination may be made by the City Manager acting
in the reasonable exercise of his/her discretion
21.5. No payment, partial payment, acceptance, or
partial acceptance by CITY will operate as a waiver on the part of
CITY of any of its rights under this Agreement.
SECTION 22. NOTICES.
All notices hereunder will be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager.
.To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 23. CONFLICT OF INTEREST.
23.1.In accepting this Agreement, CONSULTANT
covenants that it presently has no interest, and will not acquire
any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the
Services.
23.2.CONSULTANT further covenants that, in the
performance of this Agreement, it willnot employ subconsultants,
contractors" or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial
interest under this Agreement is an.officer or employee of CITY;
this provision will be interpreted in accordance with the
applicable provisions of the Palo Alto Municipal Code and the
Government Code of the State of California.
23.3. If the Project Manager determines that CONSULTANT
is a "Consultant" as that term is defined by the Regulations of the
Fair Political Practices Commission, CONSULTANT shall be required
and agrees, to file the appropriate financial disclosure documents
required by the Palo Alto Municipal Code and the Political Reform
Act.
050310
SECTION 24. NONDISCRIMINATION. As set forth in Palo Alto Municipa!
Code section 2.30.510, CONSULTANT agrees that in the performance of
this Agreement, it shall not discriminate in the employment of any
person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing
status, marital status, familial status, weight or height of such
person. CONSULTANT acknowledges that it has read and understands
the provisions of Chapter 2.28 of the Palo Alto Municipal Code
relating to Nondiscrimination Requirements and the penalties for
violation thereof, and agrees to meet all requirements of Chapter
2.28 pertaining to nondiscrimination in employment, including
completing the form furnished by CITY and set forth in Exhibit "E".
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of
the State of California.
25.2.In the event that an action is brought, the
parties agreethat trial of such action will be vested exclusively
in the state courts of California or in the United States District
Court for the Northern District of California in the County of
Santa Clara, State of California.
25.3.The prevailing party in any action brought ~o
enforce the provisions of this Agreement may recover its reasonable
costs and attorneys’ fees expended in connection with that action.
25.4.This document represents the entire and
integrated agreement between the parties and supersedes all prior
negotiations, representations, and contracts, either written or
oral. Thisdocument may be amended only by a written instrument,
which is signed by the parties.
25.5.The covenants, terms, conditions and provisions
of this Agreement will apply to, and will bind, the heirs,
successors, executors, administrators, assignees, and CONSULTANTs,
as the case may be, of the parties.
25.6.[f a court of competent jurisdiction finds or
rules that any provision of this Agreement or any amendment thereto
is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto wil! remain in full force and
effect.
25.7.All exhibits referred to in this Agreement and
any addenda, appendices, attachments, and schedules ~to this
Agreement which, from time to time, may be referred to in any duly
executed amendment hereto are by such reference incorporated in
this Agreement and will be deemed to be a part of this Agreement.
25.8.This Agreement is subject to the fiscal
050310
9
provisions of the Charter of the City of Palo Alto and the Palo
Alto Municipal Code. This Agreement will terminate without any
penalty (a) at the end of any fisca! year in the event that funds
are not appropriated for the following fiscal year, or (b) at any
time within a fiscal year in the event that funds are only
appropriated for a portion of the fiscal year and funds for this
Agreement are no longer available. This Section 25.8 shall take
precedence in the event of a conflict with any other covenant,
term, condition, or provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Agreement on the date
first above written.
APPROVED AS TO FOR94:
Senior Asst. City Attorney
APPROVED:
CITY OF PALO ALTO
Assistant City Manager
Director of Administrative
Services
RMC Water and Environment
By:
Name
(If corporation: Secretary or Treasurer)
Taxpayer Identification No.
(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)
Attachments:
Exhibit A: Scope of Work
Exhibit B: Schedule of Performance
Exhibit C: Compensation
Exhibit D: Insurance Certificate
Exhibit E: Nondiscrimination Form
10
050310
Exhibit "A"
SCOPE OF WORK
In general, the consultant shall prepare analyses of all of the essential components of a potential
expanded recycled water system to serve the designated area in the City of Palo Alto.
Consultant’s responsibilities, work requirements, and scheduIe shall be as outlined herein and
shall be in accordance with any requirements of the State Water Resources Control Board
(SWRCB) Planning Grant to prepare this facility plan.
BACKGROUND INFORNIATION
The Palo Alto Regional Water Quality Control Plant (RWQCP) provides treatment and disposal
of wastewater for the Cites of Palo Alto, Mountain View, and Los Altos; the Town of Los Altos
Hills; the East Palo Alto Sanitary District; and Stanford University, known collectively the
RWQCP Partners. The RWQCP is an advanced treatment facility with a designed average dry
weather flow (ADWF) capacity of 3 8 million gallons per day (MGD), and a current flow of
about 23 MGD. The RWQCP effluent is predominantly discharged to the San Francisco Bay
(Bay) through an effluent out-fail. Additional information can be found on the RWQCP’s web
site www.PARWOCP.0r~.
The effluent from the RWQCP meets the requirements of"restricted use" as defined by the
C~V~.-~o n.~o~-+ ,,~’~o1,~ q~,-,,;~ (cr~) !n addition, th~ ~WQ~ ~ ~ ~ MGD
~,c-~ pc~ year) recycled water facility that further filters and disinfects the effluent.
The recycled waer from this facility meets the req~rements %r "~estricted use". The
RWQCP is autho~zed by the California Regional Water Quality Control Board, San Francisco
Bay Region, as a generator of recycled water suitable for "u~estricted" use. The RWQCP
cu=ently delivers approximately 1 MGD of recycled water to various reuse sites for i=igation
during the su~er months. There are also hydrants installed in two locations for contractors ~d
CalTrans to fill ta~er tracks with recycled water for dust control and i=igation.
The RWQCP and the City of PaIo Alto Utilities completed a Water Reclamation Master Plan in
April 1992. In 1995, Palo Alto’s City Council certified a Program EIR that provided a
framework for developing recycled water storage and distribution facilities to the RWQCP
service area. At the same time, the City Council decided not to proceed with the projects
identified in the Master Plan as the estimated costs did not outweigh the benefits as known at the
time. The Council further directed that the project should be examined again if changes occurred
to make the project more feasible.
Since that time a segment of that project, an extension of the RWQCP’s recycled water system to
Mountain View and Moffett Field, is going forward toward construction. In addition, the costs
of wholesale water from the San Francisco Public Utilities Commission (SFPUC), the City’s
primary water supplier, are proj ected to increase dramatically as projects are completed to
upgrade SFPUC’s regional water system. In response to these changed circumstances, in July
assessment will be performed of potential users’ response and willingness to use recycled water,
and evaluate the incentives that would be necessary to "secure" the recycled water market. These
incentives will include, but not be limited to, on-site retrofit grants, reduced price, water quality
improvements, service reliability, and service pressure. The potential benefits of a recycled
water ordinance will also be considered.
The logical service areas to be targeted in the near-term, mid-term and long-term that were
identified in the 2006 RWMS will be confirmed. The Preferred Project pipeline alignment
identified in the RWMS witl be used as the basis for site investigation
Task 1.1" Data collection
Reconfirm specific potential uses of recycled water and locations, as needed after review of the
2006 RWMS. Conduct a customer workshop to ascertain conditions including: demand
characteristics, statistics on water use for irrigation and industrial use, future water requirements,
and water quality requirements. Conduct a site visit to identify areas of heavy traffic conditions
along the pipeline alignment, high utility congestion, bike path, sensitive habitat, or other
potential roadblocks or fatal flaws on the pioposed alignment.
Task 1.2: Reuse site retrofits
Inves~.ifia~ce on-site trea~..ment or ph.~mbin.g retrotSts needed to accept recycled water. Info..rm the
City and customers of water quality management strategies and retrofit requirements through the
customer workshop. Evatuate retrofit aitematives and estimate retrofit costs (to be included in
i as~ 2.2).
Deliverables:
Draft~qeld investigation summary and recommendations. Comments will be addressed in
the Draft Facilities Planning Report
Draft customer workshop summary and recommendations. Comments will be addressed
in the Draft Facilities Planning Report.
Task 2’ Analysis of Project Alternatives and Recommended Facilities Planning Proj eci
The objective of this task is to develop and evaluate recycled water distribution system
alternatives to serve the service areas identified in Task 1, develop a "project ptan" and complete
preliminary design for the recommended facilities. This task will build upon the work already
.completed as part of the RWMS. In particular, the RWMS’s Preferred Project will be revisited
to optimize the user market, refine the required facilities, update cost estimates, and incorporate a
long-term, phase approach for the recycled water system.
Task 2.1 : Alternative Analysis
The RWMS evaluated two alternate alignments, which satisfy the alternative analysis
requirements of the SWRCB plarming grant and environmental review document. Consultant
Task 3: Preparation of Financial & Revenue Plan
The objective of this task is to prepare a construction financing and revenue plan for the facilities
recommended under Task 2. Consultant shall refine the pricing policies, funding sources, and
financial plans developed in the RWMPS for the Recommended Facilities Project.
Task 3.1 - Pricing Policy
Consultant shall assist the City in developing a recycled water pricing policy. This will include
documentation of the projected recycled water pricing policy. Consultant shall analyze al!
potential elements of a policy, including connection fees, retrofit requirements, requirements for
new developments, fraction of potable costs, recycled water surcharges (paid by all water users),
and any other feasible elements.
Task 3.2 - Financiai and Revenue Plan
Consultant shall assist the City in developing the financial plan, identifying funding sources, and
obtaining funds for the design and construction of the recommended facilities. Consultant shall
perform cash flow analysis and sensitivity analysis, and prepare a construction financing plan
and a revenue program for the recommended facilities. Consultant shall prepare sensitivity
ana!y.~es to the failure of users to connect to the system or use less recycled water than estim.ated,
~’-....’ ......: ’- funding, changes in avoided cost o~ ~rrut_, water, and increases in
capital costs.
All potential outside funding sources potentially available for design and construction and
associated requirements will be considered. Sources may include:
¯State grant funding
¯State Revolving Fund Loan
¯Funding source from other agencies (USBR, USEPA)
The plans shall have adequate information, broken down in appropriate format, for use by the
City to pursue funding for the design and construction of the recommended facilities from
various funding sources. Requirements for each potential funding source shal! be provided.
The plans shall also include consideration of project financing for each phase of the project if it
were constructed in phases.
De~iverables:
Draftpricingpolicy strategies, financial and revenue approaches, including funding
opportunities. Comments will be addressed in the Draft Facilities 2Ianning 2eport.
Task 4: Environmental Documentation
The objective of this task is to prepare the environmental review for the recommended facilities
so that the City can move forward with the design and construction of the facilities.
Task 5 Public Outreach
Consultant shall prepare fact sheets, outreach materials, and assist the City with public outreach
and conduct two workshops on recycled water program. The RWQCP has an on-going program
that engages a focused group of stakeholders in workshops to discuss the tong-term goals for the
KWQCP. The stakeholders include local environmental groups, local businesses, agencies,
community groups, and the Partners. Wastewater recycling is one of the main goals that the
stakeholders have set for the RWQCP. Workshops and stakeholder involvement in alternatives
evaluation shall be conducted in conjunction with the CEQA review process.
The outreach will also include the potential end users, affected agencies, the general public,
SCVWD, and CalTrans. Other agencies that may be contacted include Bay Conservation
Development Commission, California Regional Water Quality Control Board, and California
Department offish and Game. Consultant shall also make presentations and attend meetings as
required by the SWRCB (included in Task 8).
Deliverables:
¯Draft meeting agenda, materials, and summary. Comments will be addressed in the Dr@
Facilities Planning Report.
This objective of this task is to prepare a Facilities Planning Report that meets the SWRCB
guideiines. Per the WRYP Guideiines, "the facilities pianvJng grant must result in a final
facilities plarming report. The final report must inctude an analysis of all of the essential
components of potential project alternatives."
Task (5.1" Draft Facilities Planning Report Preparation
Consultant shall prepare a Draft Facilities Planning Report, based on the development of the
recommended facilities. The report shall follow the format and guideline of the SWKCB,
comply with the policies and procedures in the WRFP Guidelines, and the recommended outline
in the Guidelines should be considered. The report shall include all information and task
outcomes per this scope of work. The Draft wi!l be provided to the SWRCB for review.
Task 6.2: Final Facilities Planning Report Preparation
Consultant shall review and respond to all review comments from the SWRCB and the City.
Consultant shall incorporate all appropriate or required changes and shall prepare a Final
Facilities Planning Report.
DeliverabIes."
Dr@ Facilities Planning Report
Final Facilities Planning Report
respond to all review comments, incorporate comments as appropriate, and submit thirty (30)
copies of the draft environmental documents to the City and distribute as many as needed for
agencies review per CEQA Plus requirements. Consultant shall deliver twenty (20) bound, one
(1) unbound final environmental documents, and final Facility Plan reports to City for use by
City. Consultant shall also provide the City with the electronic files of the final Facility Plan
report and the final CEQA documents.
ADDITIONAL SERVICES
Consultant may be required to perform additional services listed below. Consultant shall
perform the additional services upon written authorization by the City. Payment for the
additional services shall be time and expense based on the schedule of charges but not to exceed
a pre-negotiated maximum. The maximum limit for each additional task shall be negotiated and
agreed upon prior to providing the service. Consultant shall provide a schedule of charges with
the fee information. Additional services may include:
A1.Prepare environmental document beyond the expectation of an amendment to the existing
Program EIR, or a mitigated negative declaration.
A2.
A3.
Assist with compliance with NEPA, if required, including assistance in pursuing
sponsorship, working and coordinating with the Federal government, and preparation or
review of the NEPA documents...... iro~,...o ,~ o, are not including in the basicA~en~/conduct a!ditional meetings or ....~ .....~ ......
scope ’of services.
PROJECT SCHEDULE
The project shall start in April 2007. The schedule of the project shall be staged to accommodate
the public and interested parties. The final report and environmental document shall be complete
before June 30, 2008. Consultant shall establish a detailed schedule showing the critical path
and time line for each task at the beginning of the project. The Consuhant shall update and
maintain the schedule throughout the proj ect.
*** END ***
Exhibit "B"
SCHEDULE OF PERFOI~IANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days specified below. The number of days t0 complete each milestone may be increas4ed or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY
so long as all work is completed within the term of the Agreement. CONSULTANT shall
provide a detailed schedule of work consistent with the schedule below within 10 days of receipt
of the notice to proceed.
Milestone Completion
Number of Days from NTP
1.Report for Task 1’ Draft field investigation and
customer workshop summaries and
recommendations
90 days
Report for Task 2: Draft summary of preliminary
Facilities Project, cost estimates and potential
phasing
Report for Task 3: Draft pricing policy strategies,
ililailUlal allti r~V~i].’ti~, approaclies
RepolntS for Task 4:
a. Administrative Draft, Draft, Administrative
Final and Final IS/MND or EIR addendum
b.Administrative Draft, Draft and Final
Archaeological Survey Reports
c. Draft BiologicalAssessment
d. Draft CulturalAssessment
Report for Task 5: Draft irieeting agenda, materials
and s umm ary.
Draft and Final Facilities Planning Report
Montlnly Budget and Schedule Tracldng Summaries
180 days
270 days
¯ 390 days
390 days
420 days
Monthly until final report
completed
0
0
2007 RMC RATE SCHEDULE
Classification
Principal 3
Principal 2
Principal 1
Sr Project Manager 3
Sr Project Manager 2
Sr Project Manager 1
Project Manager 3
Project Manager 2
Project Manager 1
Project Engineer 3
Project Engineer 2
Project Engineer 1
Assistant Engineer
Project Planner 3
Project Planner 2
Project Planner 1
Environmental Scientist 3
Environmental Scientist 2
Environmental Scientist 1
Sr.CAD Designer
Sr.Graphic Designer/Artist
Sr.Project Accountant
Sr.Administrator
CAD Designer
Graphic Designer/Artist
Project Accountant
Administrator
Assistant CAD Designer
Assistant Graphic Designer/Artist
Assistant Project Accountant
Assistant Administrator
2007 Hourly Billing Rate
$226
$218
$210
$206
$202
$198
$192
$184
$174
$164
$154
$138
$116
$158
$148
$134
$!58
$148
$134
$128
$116
$116
$1o8
$116
$1o8
$108
$96
$108
$96
$96
$88
1. The individual hourly rates include salary, overhead and profit. The hourly rates also include ordinary expenses,
including telecommunications, computer usage, and regular reproduction jobs. Other direct costs (ODCs) such as large
reproduction jobs, mileage, and travel expenses, will be charged at actual cost plus 10%. Subconsultants will be billed at
actual cost plus 10%. Mileage rates will be those allowed by current IRS guidelines.
2. RMC reserves the right to adjust its hourly rate structure at the beginning of the calenSar year for all ongoing contracts.
RMC will 3rovide advance notice of any rate changes affecting current contracts.
EXHIBIT D
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WITH A BEST’S KEY RATING OF A-:Vii, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE
BUSINESS.IN THE STATE OF CALIFORNIA.
AWARDIS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
OCCURRENCE AGGREGATE
YES WORKER’S COMPENSATION STATUTORY
YES .AUTOMOBILE LIABILITY STATUTORY
BODILY INJURY
YES COMMERCIAL GENERAL LIABILITY,
INCLUDING PERSONAL INJURY,BROAD FORM PROPERTY DAMAGE
BLANKET CONTRACTUAL, AND FIRE
LEGAL LIABILITY
COMPREHENSIVE AUTOMOBILE
LIABILITY, INCLUDING, OWNED,
HIRED, NON-OWNED
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE). AND NEGLIGENT
PERFORMANCE
YES
PROPERTY DAMAGE
BODILYINJURY&PROPERTYDAMAGE
COMBINED.
BODILYINJURY
EACH PERSON
EACH OCCURRENCE
PROPERTYDAMAGE
BODILYINJURYANDPROPERTY
DAMAGE, COMBINED
ALL DAMAGES
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER, AT ITS SOLE COST AND EXPENSE,
S, ,,-,,.,_,_,,.,,,-,,,~ ,-.,~. MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RtE_SULrANI"
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS
SUBCONSULTANS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY
AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
I1.
INSURANCE COVERAGE MUST INCLUDE:
A.A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF COVERAGE CANCELLATION;
AND
B.A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S
AGREEMENT TO INDEMNIFY CITY - SEE SAMPLE AGREEMENT FOR SERVICES.
SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND
IV THROUGH V, BELOW.
A.NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER:
C.POLICY NUMBER(S):
City of PaiD Alto - RFP 120333 Page 1 of 2
EXHIBIT D
INSURANCE REQUIREMENTS
D.DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR
APPROVAL):
1tl.
IV.
Vo
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND PROPOSER’S
SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED
HEREIN.
ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES"
A.PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICYIS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTINGWITH ANY
OTHER INSURANCE CARRIEDBY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES.
B.CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C.NOTICE OF CANCELLATION
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE
NON-PAYMENT QF PREMIUM, TI~E ~SSUING COMPANY S~4.&LL PROV!DE C!TY AT LEAST A THIRTY
(30) DAY WRI’FTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREiviiUM, THE iSSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. sIGNATURE(S) MUST BE SAME
SIGNATURE(S) AS APPEAR(S) ON SECTION II, ATTACHMENT A, PROPOSER’S INFORMATION FORM.
Signature:
Name:
(Print or type name)
(Print or type name)
Signature:
Name:
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O, BOX 10250
PALO ALTO CA 94303.
City of Palo Alto - RFP 120333 Page 2 of 2
Exhibit E
Certification of Nondiscrimination
As suppliers of goods or services to the City of PaiD Alto, the firm and individuals listed below
certify that they do not discriminate in employment of any person because of race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status,
marital status, familial status, weight or height of such person; that they are in compliance with all
Federal, State and local directives "and executive orders regarding nondiscrimination in
employment.
1.If Proposer is INDIVIDUAL, sign here:
Date:
Proposer’s Signature
Proposer’s typed name and title
If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of
the Joint Venturers shall sign here:
Partnership or Joint Venture Name (type or print)
Date:
Date:
Member of the Partnership or Joint Venture signature
The undersigned certify that they are respectively:
and
Title
Member of the Partnership or Joint Venture signature
If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows:
Title
Of the corporation named below; that they are designated to sign the Proposal Cost Form by
resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its
authenticity or Secretary’s certificate of authorization) for and on behalf of the below named
CORPORATION, and that they are authorized to execute same for and on behalf of said
CORPORATION.
Corporation Name (type or print)
By:.
Title:
By:.
Title:
Date:
Date:
City of Palo Alto - RFP "
ATTACHMENT C
DIVISION OF FINANCIAL ASSISTANCE
PRELIMINARY GRANT FUNDING COMMITMENT
WATER RECYCLING FACILITIES PLANNING (WRFP) GRANT PROGRAM
WATER RECYCLING PROJECT NO,: WRFP-3229-010
ITEM NO.: DFA-2007-006
RECIPIENT: CITY OF PALO ALTO (CITY)
PROJECT DESCRIPTION: CITY OF PALO ALTO RECYCLED WATER FEASIBILITY STUDY
(STUDY)
WATER RECYCLING FACILITY PLANNING GRANT REQUEST:$75,000
PROJECT MANAGER: Bob Pontureri (341-5828)
SUBJECT
The City has submitted an application for a WRFP Grant Program grant for performing the proposed
Study. On January 23, 2007, the Division of Financial Assistance (Division) approved the Plan of
Study to initiate and complete the Study. Division staff requests the Deputy Director of the Division to
approve a preliminary funding commitment for the proposed Study.
AUTHORITY
On March 7, 2000, the voters added the Safe Drinking Water, Clean Water, Watershed Protection and
Flood Protection Act (2000 Bond Law, designated Proposition 13on the ballot) to the Water Code.
Section 79143 of the Water Code provides authorization forthe State Water Resources Control Board
(State Water Board) to issue water recycling facilities planning study grants from monies in the 2000
Bond Law Water Recycling Subaccount. This authorization continues the WRFP Grant Program that
was started under the Safe, Clean, Reliable Water Supply Act of 1996.
The State Water Board approved the Water Recycling Funding Program Guidelines (Guidelines) on
October 21, 2004, governing the Water Recycling Construction Program and the Facilities Planning
Grant Program (FPGP). The FPGP is authorized to cover 50 percent of eligible costs up to a
maximum grant of $75,000 per study: Grant disbursements do not take place until the State Water
Board has executed a grant agreement.
On January 18, 2007, the State Water Board, in Resolution No. 2007-0004, authorized the Executive
Director, the Chief Deputy Director, or the Deputy Director of the Division of Financial Assistance to
make preliminary financial assistance commitments for loans and grants for routine, non-controversial
projects that are (1) consistent with the policies, regulations, and agreements that the State Water
Board has adopted governing the internal management of the loan and grant programs, and (2) on a
priority funding list adopted by the State Water Board.
BACKGROUND
On December 6, 2006, the City submitted a funding application, including a Plan of Study (POS), to
initiate and complete the Study. The estimated total proposed Study.cost is $150,000 and the grant
requested is $75,000. The Division approved the City’s POS on January 23, 2007, with a deadline to
submit the Final Study report by June 30, 2008.
The City provides wastewater services to the.residences, businesses and industrial customers within
its limits. The wastewater is treated at the City’s Regional Water Quality Control Plant (RWQCP).
The City currently provides recycled water for landscape irrigation to users in close proximity to the
RWQCP. The City is expected to begin construction in August 2007, on the Mountain View/Moffett
Area recycled water pipeline to provide approximately 1500 acre-feet per year of recycled water to
users in the City of Mountain View.
The Study will determine the feasibility of expanding the use of recycled water by providing recycled
water from the RWQCP to additional users within the City. The Study area, as indicated in the PQS,
is located within the City’s limits.
The proposed Study is routine and non-controversial based on staff’s consideration of the documents
and information provided by the City. There has been no indication thr6ugh communication with the
City of a protest or controversy regarding the proposed Study.
PROJECT LOCATION
The Study area is located within the jurisdiction of the San Francisco Bay Regional Water Quality
Control Board. The proposed Study will be conducted within the Palo Alto City limits in the county of
Santa Clara.
PROPOSED STUDY
The scope of work for the City’s Study includes the following major tasks. The Study will: (1.).conduct
a recycled ’water market assessment; (2) provide an alternative analysis; (3) determine the
recommended Project alternative for implementation; (4) develop a construction finance plan;
(5) develop environmental documentation; and (6) complete a Facilities Planning Report.
The City’s Study will determine the feasibility of providing recycled water from the City’s RWQCP to
area schools, parks and other potential users for landscape irrigation. The potential use of recycled
water by potential users identified in the Study could augment both state and local water supplies.
The grant funds will be used to complete a Facilities Planning Report, which includes evaluation of
economic factors, environmental factors, and technical feasibility for each of the potential recycled
water uses identified in the study. The study will: 1) update the City’s existing recycled water master
plan to address new users, 2) develop funding strategies, and 3) determine the best Project
alternative for implementation.
REGIONAL WATER BOARD IMPACT
None.
FISCAL IMPACT
A total of approximately $113 million was initially made available in the 1996 and 2000 Bond Law
Water Recycling Subaccounts for water recycling funding. Of this amount, 41 percent ($46.3 million)
was designated for planning grants and construction loans with 40 percent of this amount ($18.5
million) specified for Northern California. This fund is continuously appropriated. This planning grant
will be funded from the Northern California allocation.
POLICY ISSUE
Should the Deputy Director of the Division:
1. Approve a facilities I~lanning grant for 50 percent of the eligible costs but not to exceed $75,000 to
the City for the proposed Study?
In accordance with the Guidelines, condition this approval by withdrawing the WRFP Preliminary
Funding Commitment if the City does not submit the Final Report by June 30, 2008, for the
proposed Study? The Division staff may approve an extension of up to 12 months from the
expiration date for good cause without further action by the Division Deputy Director.
STAFF RECOMMENDATION
The Deputy Director of the Division should:
Approve a facilitiesplanning grant for 50 percent of the eligible costs but not to exceed $75,000 to
the City for the proposed Study.
Include a condition that this Preliminary Funding Commitment will be withdrawn if the City does
not submit the Final Report by June 30, 2008, for the proposed S{udy. The Division staff may
approve an extension of up to 12 months from the expiration date for good cause without further
action by the Division Deputy Director.
Legal Review ~Date
Fiscal Review ~."~Date
DIVISION OF FINANCIAL ASSISTANCE
PRELIMINARY GRANT FUNDING COMMITMENT
WATER RECYCLING FACILITIES PLANNING (WRFP) GRANT PROGRAM
WATER RECYCLING PROJECT NO.: WRFP-3229-010
ITEM NO.: DFA-2007-006
FINDINGS
1.On March 7, 2000, the voters approved the Safe Drinking Water, Clean Water, Watershed
Protection and Flood Protection Act, and provided authorization for the State Water Resources
Control Board (State Water Board) to issue WRFP grants;
2. The State Water Board revised guidelines governing the Facilities Planning Grant Program by
adoption of the Water Recycling Funding Program Guidelines (Guidelines) on October 21,2004;
3. The State Water Board, on January 18, 2007, authorized in Resolution No. 2007-0004 the
Executive Director, the Chief Deputy Director, or the Deputy Director of the Division of Financial
Assistance to make preliminary financial assistance commitments for loans and grants for routine,
non-controversial projects that are (1) consistent with-the policies, regulations, and agreements
that the State Water Board has adopted governing the internal management of the loan and grant
programs, and (2) on a priority funding list adopted by the State Water Board;
4.City of Palo Alto (City) submitted a grant application dated December 6, 2006, requesting grant
funding for the Palo Alto Recycled Water Facil~ities Planning Study (Study);
5.Division staff reviewed the application and other supporting information for the Study and
determined that the submitted documents comply with the Guidelines. Subsequently, a Plan of
Study approval letter was issued to the City o.n.January 23, 2007;
6. This Study is a routine, non-controversial project that is consistent with the policies,.regulations
and agreements the State Water Board has adopted for implementation.of the Water Recycling
Funding Program; and
7. The City is a signatory, to the Memorandum of Understanding with the California Urban Water
Conservation Council. Additionally, the City has prepared and adopted an Urban Water
Management Plan and submitted the plan to the Department of Water Resources.
APPROVALS AND CONDITIONS
Using the authority delegated by the State Water Board on June 18, 2003, in
Resolution No. 2003-0042, I hereby:
1)Approve a Facilities Planning Grant for 50 percent of the eligible costs but not to exceed
$75,000 to the City for the Study.
2) Include a condition that this Preliminary Funding commitment will be withdrawn if the City
does not submit the Final Report by June 30, 2008, for the proposed Study. The Division staff
may approve an extension of up to 12 months from the expiration date for good cause without
further action by the Division Deputy Director.
Barbara L. Evoy, Deputy Director
Division of Financial Assistance
Date
Recycled Water Facility Plan Consultant Selection
Written Proposal
Specialized experience in this type of work
Past performance and record, of the firm an d the
proposed project team, on similar projects
Familiarity with issues associated with the project
Qualifications of the project manager, lead engineer, and
team
Good understanding of the objectiyes as evidenced by
the completeness and clarity of the proposal, and the
inclusion of specifics and details that are essential for
proposat evaluation
Attachment D
Maximum Carollo RBF
Points Engineers RMC Consulting
10 7.8 9.2 6.6
5 3.6 4.2 2.3
10 7.4 9.4 5.5
10 7.8 9.6 7.2
Ability to work with the public, city staff and city officials
Familiarity with the guidelines and requirements of the
SWRCB and other funding requirements
Presentation
Demonstrated understanding of the project
Ability to organize and present material
Answers to Questions from the panel
Demonstrated understanding of the project
Ability to think on feet, communicate thoughts plainly
10 7.8 9.2 5.8
5 4.2 4.4 2.6
10 7.2 9.8 7.1
10 7.8 9.8 5.4
10 8.6 9.8 6.8
10 8.2 9.6 5.4
10 9 9.6 7.4
100 79.4 94.6 62.1
CityWorks
NEW ATTACHMENT E
RECYCLED WATER D STRIBUT ON SYSTEM
EXTENSION (WSo07001)
Description: This project extends the existing recycled water distribution
system to serve customers in Palo Alto. The primary new infrastructure
will be a pipeline to deliver recycled water for irrigation and other
nonpotable uses such as for processes and cooling towers to City-owned
facilities and commercial customers. The target service area is the Stanford
Research Park and the project will serve City parks and other users along
the pipeline route.
Justification: Recycled water is a locally controlled water resource that
is available even in water shortages such as droughts. Water resources are
constrained in the Bay Area and there are ongoing pressures to maximize
the use of locally available supplies. There are adequate supplies of
recycled water produced at the Palo Alto Regional Water Quality Control
Plant to meet this project’s needs. In addition, the cost of imported water
supplies from San Francisco is projected to triple in the next 10 years.
Consultant Services Scope: Completion of a Recycled Water
Facilities Plan and preparation of environmental documents in 2007.
Supplemental Information: This project does not look financially
feasible if viewed only from the City of Palo Alto perspective. State grant
funds are available for recycled water projects. In addition, funds may be
available from the Santa Clara Valley Water District and the San Francisco
Public Utilities Commission. Since the project must receive outside funds
to be feasible, getting the project in the "ready to go" stage is vital. For
state grant funds, being "ready to go" means having completed a facilities
plan and environmental review.
ClP FACTS:
o Project Status: NEW
° Timeline: FY 2008-2012
¯ Managing Department: Utiliites
¯ Comprehensive Plan: Supports Comprehen-
sive Plan Policy N-20 - Maximize the conserva-
tion and efficient use of water in and existing
residences, businesses, and industries.
¯ Board/Commission Review: PTC, UAC
IMPACT ANALYSIS:
¯ Environmental: Project will require environ-
mental review.
° Design Elements: Any above ground stru(~-
tures will go through the appropriate review pro-
cess.
° Operating: Project will increase utilities operat-
ing costs.
PY Budget
PY Actuals as of 12/31/2006
Pre-Design Costs
Design Costs
Construction Costs
Other
$250,000 $250,000
Revenues:$75,000
Source of Funds:Water Rate Stabilization Reserve with reimbursement from State Board Grant of $75,000
Consistent with the Water Integrated Resource Plan Guidelines, adopted by Council inCouncil Policy Direction:December 2003.
2007-09 Budget City of Palo Alto 21