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Staff Report 198-08
TO: FROM: DATE: SUBJECT: City of Palo Alto City Manager’s Repor HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PUBLIC WORKS APRIL 14, 2008 CMR:198:08 APPROVAL OF AN ENTERPRISE FUND CONTRACT WITH WATER WORKS ENGINEERS 1N AN AMOUNT NOT TO EXCEED $130,870 FOR DESIGN AND SERVICES DURING CONSTRUCTION OF THE RECYCLED WATER CONTACT CHAMBER RETROFITAT THE REGIONAL WATER QUALITY CONTROL PLANT,CAPITAL IMPROVEMENT PROGRAM PROJECT WQ-80021 RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or designee to execute the attached enterprise fund contract with Water Works Engineers (Attachment A) in the amount of $124,070 for design and services during construction for the Recycled Water Contact Chamber Retrofit project at the Regional Water Quality Control Plant (RWQCP) and $6,800 for additional services for a total not to exceed amount of $130,870. DISCUSSION Scope of Services Description The RWQCP water reclamation facility is designed to treat a portion of the RWQCP effluent and produce recycled water that meets the state’s Title 22 regulations. The plant is designed to supply recycled water to the Palo Alto Golf Course, Greer Park, the Baylands Duck Pond, water trucks, and sites in Mountain View. Current recycled water use is about 500,000 gallons per day in the dry season; the peak flow rate rises to approximately 2.5 million gallons per day during night time irrigation. This beneficial use of recycled water is scheduled to more than double over the next few years. The existing chlorine contact chamber is not designed for optimum contact time between the water and the chlorine disinfectant at the anticipated higher flow rates. This project is needed to ensure the continued proper disinfection of the recycled water delivered to existing and future customers in Palo Alto and Mountain View. Chlorine, in the form of sodium hypochlorite, will be used to disinfect the filtered water and maintain chlorine residual in the storage tanks and distribution pipelines. Existing process tanks will be covered and fitted with baffles, the flow path will be re-routed to improve hydraulics, and the peak chlorine contact capacity will be increased to at least 6.3 million gallons per day with adequate chlorine contact time to meet state Title 22 regulations. No new tanks are needed. The tank covers will (a) reduce the potential for foreign debris to enter the tanks; and (b)reduce sunlight induced demand for additional chlorine in the tanks. Reducing chemical use will result in a more cost- effective operation. CMR: 198:08 Page 1 of 3 The scope of work to be performed under the contract is for project design and services during construction to ensure that the design is implemented properly. Please see the contract for the complete Scope of services (Exhibit "A") and Certification of Nondiscrimination (Exhibit "E"). Summary of Solicitation Process Proposal Description/Number Proposed Length of Project Number of Proposals Mailed Total Days to Respond to Proposal Pre-proposal Meeting Date Number of Proposals Received: Company Name Name/Number of Proposal here 12 months 7 27 None 2 Location (City, State)Selected for oral interview? 1. RMC Water and Environment San Jose, CA No 2. Water Works Engineers Oakland, CA ....Yes Range of Proposal Amounts $124,070 to $158,200 Submitted The proposal was sent out to 7 engineering firms. The response period was 27 days. Proposals were received from two firms. The proposal amounts ranged from a high of $158,200 to a low of $124,070. Firms not proposing indicated that they did not think they could be competitive, were too busy, and that the work did not fit into their schedules. The RFP process allows the City to negotiate the price of the work upon selection of the successful firm. An evaluation committee consisting of Water Quality Control Plant staff reviewed the proposals. The committee carefully reviewed each firm’s qualifications and submittal in response to the criteria identified in the RFP. The criteria used to evaluate the proposing firms included: proposal quality; quality, performance, and effectiveness of the proposed design services; proposer’s experience; cost; proposer’s financial stability; proposer’s ability to perform the work within the time specified; and proposer’s prior record of performance with other clients. One firm was invited to participate in oral interviews on March 13, 2008. Water Works Engineers was selected because of its cost-effectiveness, understanding of the needed design services, positive reference checks, and professional experience of the key team members. RESOURCE IMPACT Funds for this project/contract are available in the FY 2007-08 Wastewater Treatment Fund capital budget (WQ-80021, Plant Equipment Replacement). POLICY IMPLICATIONS Authorization of this project does not represent a change to existing policies. ENVIRONMENTAL REVIEW The recommended action is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, which includes maintenance of publicly-owned wastewater facilities involving negligible expansion. CMR:198:08 Page 2 of 3 ATTACHMENTS Attachment A: Contract (includes Scope of Services and Certification of Nondiscrimination) Manager, RWQCP ~ DEPARTMENT HEAD: . S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: J~MILY~~oN Assistant City M~mager CMR:198:08 Page 3 of 3 CITY OF PALO ALTO CONTRACT NO. C08125653 AGREEMENT BET%%~EN THE CITY OF PALO ALTO AND WATER WORKS ENGINEERS, LLC FOR PROFESSIONAL SERVICES "RECYCLED WATER CONTACT CHAMBER RETROFIT" This AGREEMENT is entered into , by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and WATER WORKS ENGINEERS, LLC a limited liability corporation with offices located at 3530 Grand Avenue, Suite 3, Oakland, CA 94610; Telephone: (510) 531-4615 ("CONSULTANT"). RECITALS The folloxving recitals are a substantive portion of this Agreement. A. CITY intends to construct a Recycled Water Contact Chamber Retrofit project ("Project") and desires to engage a consultant to provide design as well as services during construction in connection with the Project ("Services"). ~ B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. 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. TER3I. The term of this A~eement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached as Exhibit "B", unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Timeis of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance ~vith 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. Professional Services Revised !0/18/07 i 080327 CITY OF PALO ALTO CONTRACT NO. C08125653 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 one hundred twenty-four thousand seventy dollars ($124,070.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed one hundred thirty thousand eight hundred seventy dollars ($130,870.00). 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 A~eement. 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 pa)q-nent, 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 subj ect to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. 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 A=o-reement and that the personnel have sufficient skill and experience to perform the Services assig-ned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this A~eement 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 CONSULTANT under this ageement shall 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 federa!, 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 Services under this A~eement. 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. SECTION 8. ERRORS/OMISSIONS. CONSULTANT sha!l correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives Professional Services Revised 10/18/07 2 080327 CITY OF PALO ALTO CONTRACT NO. C08125653 notice to 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. If this Agreement pertains to the design of a public works project, 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 10. 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 A~eement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties a~ee that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shal! not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder ~vithout the prior written consent of the city manager. Consent to one assignrnent 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. Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: 1. Frisch Engineering (electrical and instrumentation) 2. Morrison Structures (structural) CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT sha!l be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Jim Geselbracht as the proj ect director to have supervisory responsibility for the performance, prowess, and execution of the Services and Sheba Hafiz as the project coordinator to represent CONSULTANT during the day- to-day work on the Project. If circumstances 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 persormel 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 Professional Services Revised 10/18/07 3 080327 CITY OF PALO ALTO CONTRACT NO. C08125653 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’s project manager is James Allen, Public Works Department, Regional Water Quality Control Division, 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone: (650) 617-3130. 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. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. 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. CONSULTANT makes no representation of the suitability of the ~vork product for use in or application to circumstances not contemplated by the scope of~vork. SECTION 15. 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 16. INDEMNITY. 16.1. 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. 16.2. Notwithstanding the above, nothing in this Section 16 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. 16.3. 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 16 shall sur~,ive the expiration or early termination of this Agreement. SECTION 17. ~VAIVERS. The xvaiver 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 Professional Services Revised 10/18/07 4 080327 CITY OF PALO ALTO CONTRACT NO. C08125653 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 18. INSURANCE. 18.1. 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 CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided throu~ carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will 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. 18.3. 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 xvill contain an endorsement stating that the insurance is primary coverage and ~vill not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification, 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. 18.4. 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. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. 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 (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Ageement or suspend its performance of the Services by giving thirty (30) days prior ~vritten notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 080327 19.3.Upon such suspension or termination, CONSULTANT shall deliver to the Professional Services Revised 10/!8/07 5 CITY OF PALO ALTO CONTRACT NO. C08125653 City Manager immediately any and all 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. 19.4. Upon such suspension or termination by CITY, CONSULTANT ~vill 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., 10 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 wil! 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 19.5. 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 20. 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 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or other~vise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not 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. 21.3. 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. Professional Services Revised 10/18/07 080327 CITY OF PALO ALTO CONTRACT NO. C08125653 SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the emp!oyment 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 Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment, including completing the form furnished by CITY and set forth in Exhibit "E." SECTION 23. MISCELLANEOUS PROVISIONS. 23.1. This Ageement will be governed by the laws of the State of California. 23.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 23.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as wel! as any attorneys’ fees paid to third parties. 23.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 23.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 23.6. If 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 will remain in full force and effect. 23.7. 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. 23.8. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipa! Code. This Agreement will terminate without anypenalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the Professional Services Revised 10/18/07 7 080327 CITY OF PALO ALTO CONTRACT NO. C08125653 fiscal year and funds for this Ageement are no longer available. This Section 24.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this A~eement. 23.9. The individuals executing this Ageement represent and warrant that theyhave the legal capacity and authority to do so on behalf of their respective legal entities. Professional Services Revised 10/18/07 8 080327 CITY OF PALO ALTO CONTRACT NO. C08125653 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO Assistant City Manager APPROVED AS TO FORM: WATER WORKS ENGINEERS, LLC By: ~ Name: Title: Senior Asst. City Attorney APPROVED: Taxpayer Identification No. Director of Administrative Services Attachments: EXIt~IT "A": EXHIBIT "B": EXHYBIT "C": EXH1BIT "D": EXHIBIT "E": SCOPE OF WORK SCHEDULE OF PERFORMANCE COMPENSATION INSURANCE REQUIREMENTS CERTIFICATION OF NONDISCRIMINATION Professional Services Revised 10/18/07 9 080327 CITY OF PALO ALTO CONTRACT NO. C08125653 EXHIBIT "A" SCOPE OF SERVICES The consultant will timely perform the design and prepare all necessary documents and drawings to retrofit the recycled water storage and contact chambers; and perform the services during construction of the retrofit of storage and contact chambers. The consultant’s scope is grouped under three functional areas: (a) administration, (b) design, and (c) services during construction. The consultant shall perform the following tasks: Administrative Functions Consultant shall provide administrative services through the entire period of the Project. Consultant’s administrative functions include: Task 1: Project Management Project management shal! be an integral part of the Consultant services. The Consultant shall monitor all activities, schedule, and budget for the project. All activities shall be coordinated through the RWQCP Proj ect Manager. Consultant shall be responsible for managing the overall project to completion of the final design and through construction. 1.1 Project Progress, Budget, and Schedule Tracking Consultant shall provide progress, budget, and schedule tracking of this project. Consultant shall prepare a monthly progress report that provides a summary of the project status, and an update on the Project budget/expenditures and schedule. 1.2 Project Meetings Coordinate, conduct, and attend the kick-off meeting and up to t~vo design review meetings with the RWQCP, and as necessary with key outside agencies (e.g., State Water Resources Control Board, Department of Health Services, Regional Water Quality Control Board) to communicate progress on the Project, discuss upcoming work activities, identify and resolve Project issues, obtain endorsement for the design decisions, and/or discuss permits. Consultant shall document meeting notes and prepare meeting minutes. 1.3 Quality Assurance and Quality Control Consultant shall identify the procedures and the assignment of responsibilities for quality assurance and control for work products. Consultant shall be responsible for the overall Project QA/QC. 080327 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C08125653 Design Consultant shall perform the design in phases. As a minimum, the design goals and deliverables shall be performed for 30% design, 90% design, and the final complete design. At completion of each phase of the design, consultant shall submit reports on work performed, and meet with RWQCP staff to review the design submittal and discuss comments. The intent of the meeting is to solicit and compile comments, resolve issues, and to make final design decisions regarding the Project prior to moving forward to the next phase. Design drawings shall be delivered to the City in AutoCAD format, and specifications shall be prepared and delivered to the City in Microsoft Word for use by the city. Design Criteria The new recycled water disinfection contact chamber shall be designed to match the capacity of all four filters. The contact chamber shall have a capacity of 6.258 mgd (4345 gpm) and meet the requirements of Title 22 recycling criteria. In sizing the needed tanks, the consultant shall assume that the RWQCP will add sufficient chlorine to create at least a 5 mg / L residual. The disinfection facilities will produce Title 22 disinfection-2.2 recycled water per 22CCR60301.220 where the median concentration of total coliform bacteria of the disinfected effluent does not exceed a most probable number (MPN) of 2.2 per milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed, and the number of total coliform bacteria does not exceed MPN of 23 per 100 milliliters in more than one sample in any 30 day period. The disinfection facilities are to provide a CT (the product of total chlorine residual and modal contact time measured at the same point) value of not less than 450 milli~am-minutes per liter at all times with a modal contact time of at least 90 minutes, based on peak dry weather design flow. The "modal contact time" means the amount of time elapsed between the time that a tracer, such as salt or dye, is injected into the influent at the entrance to a chamber and the time that the highest concentration of the tracer is observed in the effluent from the chamber. Design Scope The design shall meet the requirements of the design criteria. There are a number of options for using different tanks for contact time and/or storage. Each option has advantages and disadvantages that must be presented and coordinated with the plant. The consultant shall consider length--~vidth ratios, depth--width ratios, circular chamber issues, seismic impacts, baffle material, sunlight, provision for cleaning, and any other relevant factors. The design shall include the needed demolition of existing equipment in existing tanks. Also, the removal of abandoned contents in existing tanks shall be addressed. The design shall include the structural infill of a wall cutout between the abandoned ammonia stripping tank and the administration building, giving special consideration to leaking through cracks. The desig-n shall include the needed piping to interconnect contact tank(s) and storage tank(s). The design shall include the process and structural design of a new baffling system to increase chlorine contact time. The consultant will not be required to retrofit existing tank structures to the latest seismic code requirements. Professional Services Revised 10/18/07 2 080327 CITY OF PALO ALTO CONTRACT NO. C08125653 The design shall include the relocation of the final contact chamber chlorine residual analyzer. The existing online pH and dissolved oxygen analyzers shall be demolished, and new online pH and dissolved oxygen analyzer instruments shall be installed for compliance monitoring. This scope is based on the assumption that the instrumentation work required under this contract can be accomplished without major conduit or instrument panel modifications. The design shall include new covers for all contact and storage tanks to reduce sunlight induced demand for additional chlorine. Each cover shall afford access into the tank for maintenance. Task 2." 30% Design The 30% design activities for the Project will consist of performing engineering analyses, preparing drawings and narrative representing approximately a 30 percent level of design completion and conducting revie~v workshops with the RWQCP. Consultant shall develop the design and confirm the major design concepts and tank arrangements for the Project. As a minimum, the following subtasks shall be performed: 2.1 Data Collection Consultant shall collect and review the available data from RWQCP and outside sources that are relevant to the Project. 2.2 Preliminary Design Report (PDR) Consultant shall prepare 30 percent design plans, outline of technical specifications and preliminary design level construction cost estimate for the proposed improvements. The 30% report shall include: Design criteria including, but not be limited to: a hydraulic analysis of the hydraulic profile from the monomedia filters to the final storage tank o Capacity calculations for contact time and storage ¯Technical specifications outline ,30 percent design level construction cost estimate of the proposed Project along with a description of the basis of that estimate, and the anticipated construction schedule and sequencing of construction Task 3." 90% Design 3.1 The 90% design activities for the Project will include completion of construction documents with plans, specifications, quantity calculations, and cost estimates. Consultant shall fully develop and finalize the design details for the construction documents. The 90% design shall reflect close to a final product that is ready to be advertised for bids. The 90 percent construction document submittal shall include completed plans and specifications. 3.2 Consultant shall develop and submit a complete set of all drawings and 080327 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C08125653 specifications showing in detail, for construction purposes, the scope, details, and measurements of the work to be performed by the contractor and will show engineering and design details for the construction of the Project. The specifications will also include items necessary to correctly define the construction work to be performed. 3.3 Consultant shall update the engineer’s estimate of construction costs submitted and the construction schedule submitted under Task 2 at the 30 percent design level. The cost estimate will break down the Project elements by bid items. The updated cost estimate and construction schedule will be included in the 90 percent design submittal. 3.4 Consultant shall perform QA/QC, and conduct a 90 percent internal constructability and quality revie~v and a claim prevention review on the 90 percent design submittal. Internal QA/QC comments shall be incorporated into plans and specifications prior to submitting the 90 percent submittal to the RWQCP. Task 4: Final Design - Bid Document Preparation 4.1 Consultant shall prepare the final construction documents for bidding. Engineering services for this task will include incorporating the a~eed upon 90 percent submittal comments into the final documents and finalizing the plans and specifications. Consultant shall perform internal QA/QC on final design submittal. Internal QA/QC comments shall be incorporated into plans and specifications. The submittal shall include stamped and signed, final construction documents, and electronic files of the final construction documents. A final list of the bid items and quantities and a final construction cost estimate shall be provided. 4.2 Consultant shall also be responsible for the reproduction of one reproducible copy of the final plans (half size), 25 copies of plans (11 x 17), and one reproducible copy of the specifications. The Consultant shall also deliver one electronic file set (PDF) to allow the City to produce additional bid document sets. RWQCP will be responsible for the reproduction of the specifications and distribution of the final signed and stamped plans and specifications for bidding purposes. Services During Construction (SDC) Work during this phase consists of providing support services during construction of the Project. Consultant will serve as RWQCP’s engineering representative during construction. As such, consultant will have responsibilities to the Construction Manager, provided by RWQCP, for assisting the RWQCP in responding to technical questions, providing design clarifications, and reviewing technical submittals for conformance to the Contract Documents. Task 5: Se~wices During Bid Phase 080327 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C08125653 Consultant shall assist the RWQCP during the bidding, advertisement and award process prior to contract award. Work includes: 5.1 Respond to Request for Clarifications Consultant shall respond to RWQCP directed requests for clarifications from prospective bidders regarding the Project Contract Documents during the bidding process. 5.2 Prepare Addenda Consultant shall assist the RWQCP with preparation of Project addenda and furnish originals required for said addenda. 5.3 Pre-bid Meeting Consultant shall attend and assist City at the pre-bid meeting. Task 6. Sela, ices During Construction Consultant shall assist the RWQCP during the construction phase. Work includes: 6.1 Review Contractor Submittals Consultant shall review submittals from the contractor for conformance with the Contract Documents as requested by the RWQCP. Consultant shall review and return the submittal comments to the RWQCP within seven working days. 6.2 Respond to Requests for Information (RFIs) Consultant shall prepare written responses to RFIs submitted by the contractor as requested by RWQCP. Consultant shall review, respond, and return the RFI responses to the RWQCP within seven working days. 6.3 Review Contract Change Orders (CCOs) Consultant shal! review submitted CCOs and will prepare technical data and support materials for contract change orders as requested by RWQCP. 6.4 Record Drawings Consultant shall revie~v the record drawings prepared by the contractor based on as-built documentation maintained by Consultant. Consultant shall prepare one full size set and one electronic copy of the record drawings. The record drawings shall consist of annotated contract drawings and electronic files showing changes in the design and construction. Task 7- Tracer Dispersion Test 080327 Professiona! Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C08125653 7.1 Tracer Dispersion Test After construction, the consultant shall perform a tracer dispersion test to demonstrate the effectiveness of the baffling and to determine the disinfection capacity of the contact chamber. The plant will attempt to treat the maximum flow through the filters. Deliverables Consultant shall prepare and deliver meeting minutes, presentation materials, and monthly pro~ess report to the RWQCP. In addition, consultant shall provide the following deliverables to the RWQCP: Task 2 - 30% Deliverables: 5 copies of Draft and Final PDR consisting of: o Design Criteria Memorandum o 30 percent design half-size plans ~30 percent complete outline of technical specifications ~30 percent complete preliminary construction cost estimate and schedule. Meeting minutes summarizing directions from desig-n re;dew meeting Task 3 - 90% Deliverables: 5 sets of 90 percent complete PS&E submittal including the follo~ving: ~Half size 90 percent complete design plans o Draft technical specifications and special provisions o Listing of anticipated bid items o Quantity listing o Cost estimate and construction schedule Meetings minutes summarizing direction from 90% design review meeting Task 4 - Final Design Deliverables: Stamped and signed final PS&E Submittals, including ¯One unbound copy and one Microsoft Word electronic copy of final specifications o Twenty-five (25) half-sized copies of final plans. ¯Revised listing of bid items ¯Revised quantity listing ¯Memorandum of Estimated Cost Professiona! Sere’ices Revised 10/18/07 6 080327 CITY OF PALO ALTO CONTRACT NO. C08125653 Electronic files of the final design plans and final specifications Task 5 - Bid Phase Deliverables: Responses to bidder requests for clarifications to clarify the intent of the plans and specifications as needed. Addenda as needed. Task 6 - Construction Phase Deliverables: Written submittal review comments Written responses to RFIs Written responses, technical data and material to support CCOs One set of record drawings (bond paper and electronic format) Task 7 - Tracer-Test Deliverables: Within 30 days of the completion of construction, the consultant shall deliver five (5) copies of an engineer wet-stamped report of the tracer-test. The report should include testing protocol, instrument information, test results, contact chamber disinfection capacity, and any other pertinent information. Additional Services Consultant may be required to perform additional services listed below. Consultant shall perform the additional services upon written authorization by the City. Pa3anent 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 a~eed upon prior to providing the service. Consultant shall provide a schedule of charges ~vith the fee information. Additional services may include: A1. Meetings with outside agencies above the meetings stated in Task 2 including the California DPH and the Regiona! Board. A2.Additional inspection services A3.Surveying of tank elevations A4.Additional hydraulic analysis of upstream recycled water systems Project Schedule The project is expected to start in early May 2008. It is expected that design will be complete by July 2008 and construction complete by January 2009. 080327 Professiona! Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C08125653 Payment Progess payments for consultant services shall reflect the amount of effort and percent completion. The cumulative payment shall not exceed the completed percent of the total project fee based on the completed tasks or deliverables, and the attached Schedule of Charges. *** END OF SCOPE *** 080327 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C08125653 EXHIBIT "B" SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the time specified below. The time to complete each milestone may be increased or decreased by mutual ~vritten 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 2 weeks of receipt of the notice to proceed. Milestones Completion from NTP 1. Complete 100% Design 2. Complete Services During Construction July 31, 2008 Estimated by February 28, 2009 080327 Pro~essional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C08125653 EXHIBIT "C" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed $124,070.00. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $130,870.00. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s project manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $124,070.00 and the total compensation for Additional Services does not exceed $6,800.00. BUDGETSCHEDULE NOT TO EXCEED AMOUNT Task 1 (Project Management) $1,320.00 Task 2 $25,030.00 (30% Desig-n) Task 3 $40,545.00 (90% Design) Task 4 (Final Design - Bid Documents Preparation) Task 5 (Services during Bid Phase) $16,477.50 $3,133.00 Task 6 (Services during Construction) Task 7 (Tracer Dispersion Test) $22,809.50 $11,290.00 Professional Services Revised 10/18/07 1 080327 CITY OF PALO ALTO CONTRACT NO. C08125653 Sub-total Basic Services Reimbursable Expenses $120,605.00 $3,465.00 Total Basic Services and Reimbursable expenses Additional Services (Not to Exceed) Maximum Total Compensation REIMBURSABLE EXPENSES The administrative, overhead, secretarial $124,070.00 $6,800.00 $130,870.00 time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: Third party reprogaphic sei-vices to reproduce construction documents. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $500.00 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shallprovide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and ageed to in writing by the CITY’s project manager and CONSULTANT prior to commencement of the services. Pay~nent for additional services is subject to all requirements and restrictions in this Ageement 080327 Professional Services Revised 10/18/07 CITY OF PALO ALTO CONTRACT NO. C08125653 EXHIBIT "C-I" HOURLY RATE SCHEDULE - "~VATER WORKS ENGINEERS POSITION PIC/Project Manager QC Engineer Project Engineer Associate Engineer Senior Technician!Designer Staff Engineer Junior Technician/Designer Office/Clerical Drafter HOURLY RATE $165.00 $165.00 $145.00 $125.00 $100.00 $100.00 $75.O0 $55.00 $55.00 Professional Services Revised 10/18/07 1 080327 EXHIBIT D ACORD, PRODUCER Professional Underwriters of Arizona, Inc. P.O. Box 5419 Scottsdale AZ 85261-5419 Phone: 480-483-0440 Fax: 480-948-7752 ~NSURED CERTIFICATE OF LIABILITY INSURANCE OPID S.DATE,M*DD WATER-2 04/07/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Water Works Engineers LLC1890 Park Marina Dr. #214Redding CA 96001 INSURERS AFFORDING COVERAGE INSURERA:Travelers Ind ~emnity Co of CT INSURER B:Continental Casualty Com~. any INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSUP~&NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAy PERTAIN, THE INSUP~NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR ~NSRD TYPE OF INSURANCE I POLICY NUMBER~7NERAL LIABILITY A X IX I COMMERCIAL GENERAL LIABILITY 6802867L31A (CA)~CLAIMS MADE ~-7 OCCUR I GEN’L AGGREGATE LIMIT APPLIES PER: !--~ POUCY ~ PRO- ~ LOCJECT I AUTOMOBILE LIABILITY ~L._~ ANY AUTOALL OWNED AUTOS__~j SCHEDULED AUTOS __~ HIRED AUTOS NON-OWNED AUTOS I GARAGE LIABIUTY ~ANY AUTO EXCESS/UMBRELLA LIABILITY~OCCUR L___J CLAIMS MADE ~DEDUCTIBLE t RETENTION WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROPRIETOPdPARTNER]EXECUTIVEOFFICER]MEMBER EXCLUDED? If yes, descdbe under SPECIAL PROVISIONS below OTHER N~C# 25682 20443 LIMITS EACH OCCURRENCE i $ 1., 0 0 0,0 0 0 PREMISES (Ea occurence)I $ 300,000 MED EXP (Anyone person)I $ 5 t000 PERSONAL & ADV]NJURY I S i t 000 ; 000 GENERAL AGGREGATE ! S 2, 000, 000 PRODUCTS-COMP/OPAGG I S 2,, 000t 000 IPOLICY EFFEC~VE POLICY EXPIRATION DATE (MM/DDf~Y) I DATE MM/DDfYY) 07/22/07 07/22/08 COMBINED SINGLE LIMIT S(EB accident) BODILY INJURY S(Per person) BODILY INJURY S(Per accident) PROPERTY DA,%LAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EAACC AUTO ONLY:AGG EACH OCCURRENCE AGGREGATE WC STA~ U-O~H-TORY LIMITS t~ER E.L. EACH ACCIDENT E.L DISEASE- EA EMPLOYEE E.L. DISEASE- POLICY LIMIT Per Claim $i,000,000 Aggregate $2,000,000 B Architect/Engineer SFA276188547 07/11/05 07/11/08 Professional Liab.RETRO DATE: 7/ii/0~ DESCR~PT~N~F~PERATI~Ns~L~CAT~NS~VEH~cLES~LUS~NSADDEDBYEND~RSEMENT~SPEC~ALPR~S~NS Civil Engineering Consultants. *Except for i0 days nonpayment of premium. RE: Contract #C08125653, Recycled Water Contact Chamber Retrofit. The City of Palo Alto, its council members, officers, agents, and employees are named as additiona! insureds as respects general liability per written contract. Coverage is primary and noncontributory. CERTIFICATE HOLDER City of Palo Alto Purchasing and Contract Administration P.O. Box 10250 Palo Alto CA 94303 ACORD 25 (2001/08) CITYPAL CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 ~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATIONOR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. © ACORD CORPORATION 1988 ACORD PRODUCER LOCKTON COMPANIES OF HOUSTON 5847 SAN FELIPE, SUITE 320 HOUSTON, TX 77057 INSURED ADMINISTAFF COMPANIES, INC. 19001 CRESCENT SPRINGS DRIVE KINGWOOD, TX 77339 " SEE BELOW CERTIFICATE OF INSURANCE ISSUE DATE 04/07/2008 This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. COMPANIES AFFORDING COVERAGE Company ACE American Insurance Company A Company B Company C Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of contract or other document with respect to which this ¢ertificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE LIMITS OF" LIABILITY LT EXPIRATION A GENERAL LIABILITY [] Commercial General Liability [] Claims Made [] Occurrence [] Owners’ and Contractors’ Protection [] General Aggregate Limit applies per: [] Policy [] Project []Location AUTOMOBILE LIABILITY []Any Automobile []All Owned Automobiles []Scheduled Automobiles []Hired Automobiles []Non-owned Aulomobiles WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY EXCESS LIABILITY [] Occurrence [] Claims Made C45321083 10/01/2007 10/01/2008 EACH OCCURRENCE $ FIRE DAMAGE $ MEDICAL EXPENSE $ PERS. AND ADVERTISING INJURY $ GENERAL AGGREGATE $ PRODUCTS AND COMR OPER. AGG.$ COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) COMPREHENSIVE COLLISION WC Statutory Limitlxl Other I I EL EACH ACCIDENT EL DISEASE (Each employee) EL DISEASE (Policy Limit) EACH OCCURRENCE AGGREGATE $ $ $ s $ $ S $ S $ S $ S S "WATER WORKS ENGINEERS, LLC (1786400) IS COVERED THROUGH BLANKET ALTERNATE EMPLOYERS ENDORSEMENT FOR ALL EMPLOYEES UNDER CLIENT SERVICE AGREEMENT. 1,000,000 1,000,000 1,000,000 CERTIFICATE HOLDER City of Palo Alto Attn: Jose Arreola Purchasing and Contract Administration 250 Hamilton Avenue Palo Alto, CA 94301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL 30 DAYS WRIT-FEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Authorized Representative Page 1 of 1 Certificate Io#1RARTVFM EXHIBIT "E" CERTIFICATION OF NONDISCRIMINATION FORM 410 PROJECT:,Recycled Water Contact Chamber Retrofit Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto in excess of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in the performance of this contract they will not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, madtal status, familial status, weight or height of such person; and further certify that the)’ are in compliance with all Federal. State and local directives and executive orders regarding nondiscriminatJon in employment. Firm: WATER WORKS ENGINEERS, LLC Title of Officer Si~ning: JI~.pESELBRACH.T; P.E., PRINCIPAL CITY OF PALO ALTO -RFP 125653 PAGE 1 OF 1