HomeMy WebLinkAboutStaff Report 291-08City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: UTILITIES
DATE:JUNE 23, 2008 CMR: 291:08
SUBJECT:ADOPTION OF A RESOLUTION AUTHORIZING USE OF A DESIGN-
BUILD PROJECT DELIVERY METHOD FOR DESIGN AND
CONSTRUCTION OF THE ELEANOR PARDEE PARK AND MAIN
LIBRARY/COMMUNITY GARDENS WELLS AS PART OF THE
EMERGENCY WATER SUPPLY PROJECT WS-08002, AND APPROVAL
OF A UTILITIES ENTERPRISE FUND AGREEMENT WITH
SIEGFRIED ENGINEERING, INC. IN A NOT TO EXCEED AMOUNT OF
$544,367 FOR PRE-DESIGN AND DESIGN-BUILD PROCUREMENT
SERVICES FOR THE ELEANOR PARDEE PARK AND MAIN
LIBRARY/COMMUNITY GARDENS WELLS/EMERGENCY WATER
SUPPLY WELLS PROJECT WS-08002
RECOMMENDATION
Staff recommends that Council:
1. Adopt Resolution (Attachment A) authorizing use of the design-build project delivery
method for the design and construction of the Eleanor Pardee Park and Main
Library/Community Gardens wells as part of the Emergency Water Supply Project WS-
08002; and
Approve and authorize the City Manager or designee to execute the attached Agreement
with Siegfried Engineering, Inc. (Attachment B) in a not to exceed amount of $544,367
for the Pre-Design and Design-Build Procurement Services for Eleanor Pardee Park and
Main Library/Community Gardens Emergency Water Supply wells, as part of the
Emergency Water Supply Project WS-08002, which includes $453,639 for basic services
and $90,728 for additional services.
BACKGROUND
The Eleanor Pardee Park and the Main Library/Community Gardens Emergency Water Supply
Wells Project (EWSWP) is part of the overall Emergency Water Supply Project (EWSP), WS-
08002. This projects purpose is to ensure an adequate emergency water supply source is
available to meet the City’s emergency water needs. The project will ensure the City compliance
with the California Department of Public Health (CDPH) recommendation to have stand-alone
emergency water (including groundwater) sufficient to supply eight hours of usage at the highest
CMR: 291!08 Page 1 of 5
hourly demand plus a reserve for fire fighting. The EWSP will construct a 2.5 million gallon
reservoir, three new wells (two new wells as part of the EWSWP and a third new well will be
constructed with the 2.5 million gallon ~eservoir as part of the EWSP), and will rebuild Lytton
Pump Station and rehabilitate up to five existing wells and the rebuild the Mayfield Pump
Station and supporting pipelines.
On March 5, 2007, at a regular City Council meeting, Council held the final public hearing for
the Environmental Impact Report (EIR) for the EWSP, and adopted a resolution certifying its
adequacy (CMR:161:07). Also at the March 5, 2007 meeting, Council adopted a second
resolution approving the EWSP and designating the project sites, and approved Park
Improvement Ordinances for E1 Camino, Eleanor Pardee, Timothy Hopkins, Rinconada and
Peers Parks.
Council’s approval of the attached design-build resolution will allow staff to accelerate the
construction of two new emergency supply wells. Council’s approval of the agreement with
Siegfried Engineering, Inc. (SEI) will start the pre-design phase of the EWSWP. The purpose of
the pre-design is to provide the design-builder with sufficient information to competently bid the
project and to ensure that the City obtains a quality designer-builder team.
In the pre-design phase SEI will conduct a geotechnical investigation of the two well sites by
drilling two pilot holes .for the wells and two smaller holes for soils investigations for the
structures. SEI will use the geotechnical data to prepare 30 percent completion level design
documents. SEI will incorporate the pre-design into a Request for Proposals (RFP). The
responses to the RFP will start the second phase of the project with a design-build contract that
will be brought to Council for award. The successful design-build proposer will complete the
project design and construct the two new well sites.
DISCUSSION
Description of the Project
This,project includes geotechnical investigations for well and structure design, preparation of
design-build plans to the 30 percent level and preparation of design-build proposal documents to
construct two new standby emergency water wells, one in Eleanor Pardee Park and the other at
the Main Library/Community Gardens site (Attachment C). The design-build proposal will be
advertised at the completion of this phase of the project. The pump and structure at Eleanor
Pardee Park will be designed as an underground structure. The pump building at the Main
Library/Community Gardens site will be designed as an above ground structure.
Consultant’s Scope of Services
The consultant will conduct a pre-design study for design-build construction of new wells at
Eleanor Pardee Park and the Main Library/Community Gardens site. The consultant will:
evaluate hydrogeologic, geotechnical, environmental factors and operational requirements;
develop site layout, floor plan, architectural and landscaping alternatives, control strategies and
Supervisory Control and Data Acquisition (SCADA) requirements; prepare specifications for
key equipment and materials; analyze construction and operation and maintenance (O&M) costs;
and prepare a risk management plan to assure quality of materials and construction. The
consultant will also prepare a Request for Qualifications (RFQ) and a Request for Proposals
CMR: 291:08 Page 2 of 5
(RFP), and assist staff with procurement of the design-build engineer/contractor. Finally, the
consultant will assist with implementation of the design-build contract by facilitating continuity
between the pre-design effort and the final design effort during the design-build phase, and will
assure conformance of the final design with the construction requirements and design intent set
forth during pre-design.
The deliverables will include:
1.A pre-design Engineering Report;
2.A Risk Management Plan;
3.A Request for Qualifications for the design-build contract;
4.A Request for Proposals for the design-build contract;
5.A recommendation on the design-build team based on SEI’s independent review of the
proposals submitted.
Attachment B, the Agreement, contains a complete description of the scope of services.
Staff recommends that this work be performed by a consultant in view of the specialized nature
of the services, and special equipment and training needed for the hydrogeologic and
geotechnical investigations and well design.
Solicitation Process
Proposal Title
Proposal Number
Proposed Length of Contract
Number of Proposals mailed &/or
emailed
Total Days to Respond to Proposal
Pre-proposal Meeting Date
Number of Company Attendees at Pre-
proposal Meeting
Number of Proposals Received:
Company Name
,Siegfried Engineering, Inc.Based on partial scope otwork. See Cost of Services
Summary of Solicitation Process
Pre-Design and Procurement Services for Design-Build of
Eleanor Pardee Park and Library/Community Gardens Water
Production Wells for the Emergency Water Supply Project
126041
13 months
37
34
March 18, 2008
7
1
Location (City, State)
Stockton, CA
,elow.
Proposal Amount*
$300,000
Due to project requirements, consultants who did not submit a proposal expressed more interest
in the design-build phase. Consultants in the pre-design phase are excluded from submitting a
proposal in the design-build phase.
Cost of Services
As shown in the table above, SEI submitted a bid for $300,000, however, costs for the
exploratory well drilling and the Supervisory Control and Distribution Automation (SCADA)
design were not included in SEI’s proposal. Upon questioning by City staff, the proposer stated
that their interpretation of the RFP scope of work was that the City would contract separately
with a well driller, and that the City intended for the pumps to be locally controlled and not
connected to the SCADA system. After receiving SEI’s proposal, staff negotiated costs for
CMR: 291:08 Page 3 of 5
adding the well drilling and SCADA services into SEI’s fee. The final not to exceed budget for
the basic services listed in Exhibit A of the Agreement is $453,639. Staff recommends that an
additional services amount of $90,728 (20 percent) be added to the contract for unforeseen
circumstances related to exploratory well drilling and public outreach at the proposed well sites.
Additional services will be paid on a time and materials basis using the consultant’s Charge
Rates schedule shown in Exhibit C to the Agreement. The consultant shall not commence with
additional services before the City has obtained an acceptable not-to-exceed price, in writing, for
the scope of additional services, and staff has issued a written notice to proceed to the consultant.
The total budget amount proposed for the project is $544,367, including $453,639 for the basic
services and $90,728 for additional services.
Staff reviewed the consultant’s proposal and qualifications, met with the consultant’s project
team and has determined that the consultant has the expertise and experience necessary to
perform the work.
Design-Build
Pursuant to City Municipal Code Section 2.30.300(c) regarding alternative project delivery
methods, staff recommends that the wells be designed and constructed via a design-build
process. In a "design-build" project delivery method, both design and construction services are
covered under a single contract, whereas, in a traditional "design-bid-build" project delivery
method, the agency contracts with separate entities for both the design and construction of a
project. Design-build contracts are usually awarded by a process other than formal competitive
bidding, (which mandates award to the lowest monetary bidder) in order to allow consideration
of qualitative factors, such as a bidder’s experience and performance on prior jobs, in addition to
price.
Although Article VII, Section 6 of the City Charter requires formal bidding and award to the
lowest monetary bidder for public works contracts funded by bonded indebtedness of the city, no
bond financing will be used for this project since funds are available in CIP WS-08002
Emergency Water Supply Project. Section 2.30.300(c) of the City Municipal Code requires
formal bidding for all public works contracts unless Council determines by resolution "that a
particular public works project may be solicited and contracted for using alternate project
delivery methods, including but not limited to design build, construction manager at risk, or
competitive negotiation." The resolution must include the reasons supporting the use of the
alternate project delivery method and describe the solicitation method to be used and the criteria
for determining the party to whom the contract should be awarded. A resolution meeting these
requirements is attached (Attachment A) and additional discussion is provided below.
A significant difference between design-build contracts and traditional design-bid-build contracts
is that in a design-build method, the final design work is done concurrently with construction. As
a result, the design-build method can accelerate the project schedule and reduce overall project
costs. The design-build method also allows the contractor to begin certain construction activities,
such as excavation, before detailed design is completed, and accelerates project progress by
eliminating or reducing certain design and/or procurement steps, such as submittal preparation
and review. Due to the current deficiency in emergency water supply, staff is recommending that
CMR: 291:08 Page 4 of 5
Palo Alto add capacity to its emergency water supplies as soon as possible. The design-build
contract process will accelerate the completion of this project. Specifically, staff estimates that
the use of a design-build contract process will:
Allow the project to be completed 7 months earlier; and
Result in savings of $300,000.
RESOURCE IMPACT
Funds for this project in amount of $544,367 are included in the WS-08002 Emergency Water
Supply Project CIP. This pre-design project, and the follow on design-build construction project,
is not bond financed. This project will be managed by Utilities Engineering staff.
POLICY IMPLICATIONS
This recommendation is consistent with existing City policies, and with Municipal Code Title 2,
section 2.30.300, Public Works Contracts, with respect to alternative project delivery methods.
The design-build model, however, is a departure from the city’s customary design-bid-build
practice.
ENVIRONMENTAL REVIEW
The field work, including drilling work, of this .pre-design study, as well as the project for
construction of wells in Eleanor Pardee Park and at the Main Library/Community Gardens site,
are part of the overall project EIR for the Emergency Water Supply Project (SCH #2066022038),
which Council certified on March 5, 2007 as being adequate to meet the requirements of the
California Environmental Quality Act (CEQA).
ATTACtlMENTS
A: Resolution
B: Agreement with Exhibits A through E
C: Project Location Map
¯ PREPARED BY:
REVIEWED BY:
DEPARTMENT APPROVAL:
CITY MANAGER APPROVAL:
~/~l¢Jim Flanigan, Project EngineerRomel Antonio, Senior Project Engineer
~.~Roger Cwiak, WGW Engineering Manager
Assistant Director Utilities ]
Director of Utilities -~ ~
Deputy City M~agers
CMR: 291:08 Page 5 of 5
ATTACHMENTNOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF PALO ALTO
AUTHORIZING USE OF A DESIGN-BUILD PROJECT DELIVERY
METHOD FOR DESIGN AND CONSTRUCTION OF THE
ELEANOR PARDEE PARK AND MAIN LIBRARY/COMMUNITY
GARDENS WELLS AS PART OF THE EMERGENCY WATER
SUPPLY PROJECT WS-08002
WHEREAS, the City depends on the San Francisco Public Utilities Commission
(SFPUC) Hetch Hetchy aqueduct system as the primary source of the City’s drinking water; and
WHEREAS, according to California Department of Public Health (CDPH) standards,
the City lacks water supply and storage capacity sufficient to meet potential emergency
demands; and
WHEREAS, in event of a disruption of the primary source of supply, which is of
duration sufficient to deplete its reservoir supply, the City must depend solely upon its wells to
supply water and meet demands; and
WHEREAS, on March 5, 2007, the City Council certified the adequacy of the Final
EIR and authorized staff to proceed with the Emergency Water Supply and Storage Project,
which included the construction of three new wells.
WHEREAS, the Eleanor Pardee Park well and the Main Library/Community Gardens
well are two of the three new wells in the Emergency Water Supply and Storage Project. These
two new wells, in conjunction with the rehabilitated existing wells and E1 Camino Park
Reservoir, Well and Pump Station, will be capable of delivering 100 percent of average daily
water usage to Pressure Areas 1 and 2 (these two pressure areas are bounded by Palo Alto Ave.,
San Francisquito Creek, the Baylands, San Antonio Rd., E1 Camino Real and the area bounded
by Stanford Ave., Foothill Expwy., Arastradero Rd., E1 Camino Real, respectively). The three
new and five rehabilitated wells will be the only means of serving these pressure areas during a
protracted water supply emergency when the Hetch Hetchy system is out of service.
WHEREAS, the term "design-build" is defined by California Public Contracts Code
Sec. 20133(c)(2) as "a procurement process in which both the design and construction of a
project are procured from a single entity; and
WHEREAS, the term "design-bid-build" is the traditional project delivery method in
which the agency contracts with separate entities for both the design and construction of a
project; and
080618 syn 6050444
NOT YET APPROVED
WHEREAS, Section 2.30.100 of the City of Palo Alto Municipal Code defines a
public works contract as a contract paid for in whole or in part out of public funds for the
construction, alteration, repair, improvement, reconstruction or demolition of any public
building, street, sidewalk, utility, park or open space improvement, or other public improvement;
and
WHEREAS, the Eleanor Pardee Park and Main Library/Community Gardens
Emergency Water Supply Wells Projects are public works contracts; and
WHEREAS, Section 2.30.300 of the City of Palo Alto Municipal Code provides that
public works contracts not exempt from competitive solicitation requirements under Section
2.30.360 or by resolution of the city council shall be solicited via a competitive bidding process;
and
WHEREAS, in order to allow consideration of qualitative factors such as a bidder’s
experience and performance on prior jobs, in additional to price, design-build contracts are
usually awarded by some process other than formal competitive bidding; and
WHEREAS, Section 2.30.300(c) of the City of Palo Alto Municipal Code provides
that the Council may determine by resolution that a particular public works project may be
solicited and contracted for using alternate project delivery methods, including but not limited to
design build, construction manager at risk, or competitive negotiation, provided that any such
resolution shall set forth the reasons supporting the use of the alternate project delivery method
for the project and describe the solicitation method to be used and the criteria for determining the
party to whom the contract should be awarded; and
WHEREAS, the award of the this contract will not involve or require any, funding by
bonded indebtedness of the city or by assessment against any particular property in the City; and
WHEREAS, several factors support the use of the design build alternative project
delivery method for this project:
(1)A 1997 study of 351 design-build projects by the Construction Industry
Institute and Penn State University that found that project delivery time,
including design and construction, was 33 percent faster, construction time
was 12 percent faster and project costs were 6 percent lower when the design-
build method of project delivery was used, compared to when the traditional
design-bid-build delivery method was used;
(2)A 1996 study by the University of Reading in the United Kingdom found that
the design-build method reduced construction risks by 14 percent when
compared with design-bid-build method; and
080618 syn 6050444
NOT YET APPROVED
(3)
(4)
(5)
(6)
The design-build method’s structure allows the design-build engineer and
builder to jointly consider options to improve the design, cut project costs
during the bid process and streamline the schedule; and
The design-build .method, with its single point of responsibility, minimizes
the contract’s administration burden and allows leveraging of available staff
resources; and
The City, by undertaking a pre-design study which will study methods for
reducing construction risk, including the site’s hydrogeologic and
environmental risk factors, and incorporating these findings into a risk
management plan and procurement documents, should be prepared to realize
the full benefit of lower construction risk on this project; and
Staff estimates that by using the design-build method, the wells will be
available for emergency production 7 months sooner, the duration of
construction impacts will be approximately 2-1/2 months shorter,, and the
total estimated project cost will be about $300,000 lower than the total
estimated $5,000,000 project cost.
NOW THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as
follows:
SECTION 1. Findings. The City Council finds and determines that each of the
findings set forth above are true and correct.
SECTION 2. Authorization for Design Build Proiect Delivery Method. Council
hereby determines that findings outlined above support the use of a design-build solicitation
method for the Eleanor Pardee Park and Main Library/Community Center Emergency Water
Supply Wells Projects.
SECTION 3. Design-Build Solicitation Method. The solicitation method will be a
three step process. First, the City will issue a Request for Qualifications (RFQ) from which staff
will select approximately three of the most highly qualified design-build teams and invite them
to submit proposals. Second, the City will issue a Request for Proposals (RFP) to the selected
teams. Third, staff will interview the proposing teams and select the preferred design-build team
on the basis of the proposals, qualifications, experience and interviews.
SECTION 4. Criteria for Selection of Qualified Design-Build Teams.
Upon receipt of the Statement of Qualifications (SOQ) responses to the RFQ, staff
will select approximately three of the most qualified teams using the following criteria:
(1)
080618 syn 6050444
Quality and completeness of SOQ.
3
NOT YET APPROVED
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Design-Build team’s experience with design-build projects of similar scope
and complexity.
Familiarity of the design firm and the builder with each other, and their
history of working on design-build projects together.
The experience of staff to be assigned to the project with the engagements of
similar scope and complexity.
Quality of construction of completed projects of similar nature.
Financial stability of both members of the design-build team.
Respondent’s track record of timely project delivery.
Respondent’ s prior record of performance with the City or others.
Proposer’s compliance with applicable laws, regulations, policies (including
City Council policies), guidelines and orders governing prior or existing
contracts performed by the contractor.
SECTION 5. Criteria for Contract Award. City staff will select the design-build team
for contract award using the following criteria:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Quality and completeness of the proposal.
Proposer’s understanding of the scope of work outlined in the RFP.
The proposer’s stated work plan, including text, preliminary
layouts/drawings, equipment control strategies, etc.
Quality of materials and equipment to be furnished, as described in the
proposal and on which the bid price was based.
Any realistic and innovative ideas proposed.
Evidence that the proposer can meet the schedule, such as from the
description of project management method or clarity of the work plan in
terms of task detail and interrelationship of the activities.
Evidence that the design team has given sufficient consideration as to how
the major challenges of the work will be met, including the environmental
mitigations listed in the project Environmental Impact Report (EIR) - EIR for
the Emergency Water Supply and Storage Project, SCH #2066022038,
November 2006 (Draft EIR) and February 2007 (Final EIR).
Cost Proposal
/1
//
//
//
11
//
080618 syn6050444
4
NOT YET APPROVED
SECTION 6. A Draft Environmental Impact Report for this project was prepared
and circulated on November 8, 2006, and a Final Environmental Impact Report (FEIR) for this
project was prepared and circulated on February 8, 2007. Council certified the accuracy of the
FEIR by resolution on March 5, 2007.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
AB STENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Deputy City Attorney
Mayor
City Manager
Director of Utilities
080618 syn 6050444
5
ATTACHMENT
CITY OF PALO ALTO CONTRACT NO. C08126041
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
SIEGFRIED ENGINEERING, INC
FOR PROFESSIONAL SERVICES
(PRE-DESIGN AND PROCUREMENT SERVICES FOR DESIGN-BUILD OF ELEANOR
PARDEE PARK AND LIBRARY/COMMUNITY GARDENS WATER PRODUCTION
WELLS AND EMERGENCY WATER SUPPLY AND STORAGE)
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 SIEGFRIED
ENGINEERING, INC., a California corporation located at 4045 Coronado Avenue, Stockton, CA,
95204 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to construct two (2) new emergency water supply wells and appurtenant_=
facilities at Eleanor Pardee Park and at Library/Community Gardens using the design-build method
of construction ("Project") and desires to engage a consultant to provide engineering services for a~-
pre-design study, including pre-design design criteria and procurement documents, and services
during the procurement of the design-build contractor, and also with proj ect initiation and design
review services during the design-build phase 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. CONSUI~TANT 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 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. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Professional Services
Revised 10/18/07
080522
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 four hundred fifty three
thousand six hundred thirty nine Dollars ($453,639). In the event Additional Services are authorized,
the total compensation for services and reimbursable expenses shall not exceed ninety thousand
seven hundred twenty eight Dollars ($90,728). 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, hourlyrates, 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. 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 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, if permitted,
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 CONSULTANT under this agreement 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 federal, state and local laws, ordinances, regulations, and orders that may ¯
Professional Services
Revised 10/18/07
2
080522
affect in any manner the Project or the performance of the Services or those engaged to perform
Services 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.
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, provided CITY gives
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 Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. 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.
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.Kleinfelder, Inc., 20i 1 North Capitol Avenue, San Jose, CA 95132
2.Michael R. Clark, 2024 East Charter Way, Stockton, CA 95205
3.TJC and Associates, 3206 Luyung Drive, Rancho Cordova, CA 95742
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 shall 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.
080522
Professional Services
Revised 10/18/07
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Lex A. Corrales,
P.E., as the project director to have supervisory responsibility for the performance, progress, and
execution of the Services and Paul J. Schneider, P.E., as the project coordinator to represent
CONSULTANT during the day-to-day work on the Proj ect. 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
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’s project manager is Romel Antonio, Utilities Department, Engineering Division, 1005
Elwell Court, Palo Alto, CA 94303, Telephone: (650) 566-4518. 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 work product for use in or application to circumstances not
contemplated by the scope of work.
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,
indenmify, 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
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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 survive
the expiration or early termination of this Agreement.
SECTION 17. 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 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 through 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 will contain an endorsement stating that the insurance is primary coverage and will 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
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discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
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 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., 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 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
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:Lex A. Con-ales, P.E., President
Siegfried Engineering, Inc.
4045 Coronado Avenue
Stockton, CA 95204
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presentlyhas
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.
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Revised 10/18/07
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.
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 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 Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Reqgirements 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 Agreement 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 well 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.
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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 Municipal 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
fiscal year and funds for this Agreement are no longer available. This Section--2,4-:8" shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement. ~
23.9. The individuals executing this Agreement represent and warrant that theyhave
the legal capacity and authority to do so on behalf of their respective legal entities.
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:
SIEGFRIED ENGINEERING, INC.
By: ~~"~-- ~
Name:
Title:
Senior Asst. City Attorney
APPROVED:
Taxpayer Identification No.
94-1648794 4
Director of Administrative
Services
Attachments:
EXttlBIT "A":
EXH1t3IT "B":
EXHIBIT "C":
EXHIBIT "D":
EXHIBIT "E":
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SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
INSURANCE REQUItLEMENTS
CERTIFICATION OF NONDISCRIMINATION
Professional Services
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EXHIBIT A
SCOPE OF WORK
FOR
CONSULTANT BASIC SERVICES
PIlE-DESIGN AND PROCUREMENT SERVICES FOR
DESIGN-BUILD OF ELEANOR PARDEE PARK AND
LIBRARY/COMMUNITY GARDENS
EMERGENCY WATER SUPPLY WELLS PROJECT
Geotechnical and Hydrogeologic Study Phase. In this phase, Consultant shall:
Conduct pre-design engineering study to assess and evaluate the
geotechnical and hydrogeologic conditions at Eleanor Pardee Park and
Library/Community Gardens in Pal. Alto, California, for the potential for
development of large-volume production wells. The pre-design
geotechnical and hydrogeologic study and report shall be performed by
Kleinfelder, Inc. (Kleinfelder) as subconsultant to the Consultant.
Readily available hydrogeologic reports and publications prepared
by other consultants, U.S. Geological Survey, California Geologic
Survey, and California Department of Water Resources shall be
collected and reviewed by Kleinfelder. as they pertain to the Project
sites.
u)
c)
Project site reconnaissance to observe existing conditions and
features that may impact geotechnical investigation, test wells and
boring locations, design and construction shall be performed by
Kleinfelder. Prior to site selection per sectionl~’7 .b the Department
of Public Health permitting process will begin/rand the site
locations will be verified by Public health.
A test hole at each of the two (2) well sites shall be ~lrilled by a
drilling contractor under the administration of Kleinfelder to a
maximum depth of approximately 450 feet below grade using the
direct rotary circulation drilling method. The total depth will be
based on the lithology encountered.
1)The drilling contractor shall obtain all necessary permits
from the appropriate regulatory agencies prior to initial
drilling activities. During the drilling operation,
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Kleinfelder will be in daily contact with the drilling
contractor superintendent to coordinate the work.
Kleinfelder will observe and record the drilling contractorls
equipment and construction techniques, such as drilling
fluid management and drill-cutting sample collection
methods.
d)
Kleinfelder’s rig geologists will be onsite daily during the
drilling of the test holes to visually examine the drill
cuttings and record the description of the drill cuttings on a
lithologic log.
The test holes will be geophysically logged after the total
depth of the test hole is attained. The lithologic log and
geophysical logs will be assessed for target aquifers and
screen settings for the new wells.
4)Daily updates will be made to the City of Project critical
information during the drilling and testing activities. The
drilling logs will be reviewed by Kleinfelder at the end of
each of the drilling contractor’s shift changes.
5)All cuttings and or drilling mud and fluids will be disposed
from the site. The borehole will be abandoned in
accordance with all applicable local and state requirements
and the site will be left in a condition reasonably similar to
the condition prior to the start of work.
6)The drilling efforts will include traffic control and
screening if necessary.
The lithologic and geophysical character of the two (2) test holes
will be logged as drilling progresses and zone testing will be
conducted as needed. Spectral gamma ray log and E-log
geophysical logging may also be conducted as needed. Cutting
samples will be collected and analyzed as appropriate in our
laboratory. The samples will be collected at approximate 10-foot
intervals or changes in lithology. These samples will also be used
for gradational analyses as required for design of the filter pack
and well screens.
e)Based on a review and interpretation of the lithologic and the
geophysical logs derived from the test holes and the readily
available information related to the hydrogeology of surrounding
water wells, the depth of groundwater, water quality, and long-
term sustainability of the groundwater source shall be estimated.
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h)
Kleinfelder shall conduct a qualitative assessment of the
production potential of the proposed well sites to yield a
satisfactory supply.
A geotechnical investigation shall be performed by Kleinfelder by
drilling one (1) Core Penetration Test (CPT) and two (2) hollow
stem borings, at each of the two (2) well sites in the proximity of
the footprint of the proposed above ground and below ground well
site structures to a maximum depth of about 50 feet below
anticipated bottom of structures. (The soil cuttings shall be
drummed and hauled off from the site for proper disposal.)
Laboratory testing shall be performed on selected soil samples
including moisture ~content, dry density, unconfined or triaxial
compression strength, and Atterberg limit tests to evaluate
pertinent engineering properties of the subsurface soils for design
purposes. The geotechnical analysis shall be performed to evaluate
the field and laboratory data to develop conclusions and
recommendations for foundation support and earthwork for the
project.
A geotechnical investigation report shall report the following:
1)general site and subsurface conditions as encountered in the
field exploration, regional and local geology including area
faults, seismicity, earthquake magnitude, and PGA, fault
rapture, ground accelerations, ground-failure potential, and
potential for liquefaction,
2)recommendation for design of shallow and depth
foundations, differential settlements, support of slabs-on-
grade, site preparation, earthwork, and fill compaction
specifications,
discussion of construction considerations, and corrosion
potential (if applicable), and
4)logs of borings and CPTs, and results of laboratory tests.
The results of the geotechnical and hydrologic testing and study
will be compiled in a comprehensive pre-design report that will
described the geotechnical and hydrogeologic character of the area,
provide general well specifications, recommended procedures for
the construction of the production wells, and foundation support
and earthwork for each of the two (2) well sites, including
recommendations that will meet the environmental mitigation
measures from the Project EIR.
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Preparation of Pre-Design Engineering Report (PER)
Based upon the geotechnical and hydrogeologic study and report, the
Consultant shall prepare the Pre-Design Engineering Report (PER)
establishing the pre-design criteria which will be the basis for the design-
build criteria and specifications for well construction and for the
procurement of the services by the City for a design-build
engineer/contractor.
The PER shall include the specifications for the design of
¯drilling method,
¯casing,
¯filters,
¯screen,
¯annular space seal,
¯contamination prevention,
¯strata sealing,
.well development,
¯production testing,
o disinfection,
¯water quality testing,
.well to pump connections and backflow prevention,
¯pump characteristics,
¯pump motor, control, and housing, and
o connection to City water distribution.
b)The PER shall include, for both sites,.
¯ the pump site improvement and development master plan,
and
¯the architectural renderings of the pump housing structures.
c)The PER shall build on the data and recommendations contained in
the 1999 Study report and applicable material from subsequent
existing reports/analyses, and shall incorporate the needs of the
water distribution system operators and the mitigation measures
identified in the EIR.
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RFQ and Shortlisting Phase. In this phase, Consultant shall:
Prepare the following RFQ Documents:
a) Announcement and/or Advertisement of Intent to Request Design-
b)
c)
d)
e)
Build Qualifications;
Request for Design-Build Qualifications (RFQ),including
selection criteria for Design Builder shortlisting;
Announcement mailing list;
Information to assist Selection Panel in shortlisting process;
Any Addenda required to the RFQ.
Upon completion of the above documents:
a)
b)
c)
e)
Publish Advertisement: Request for Design-Build Qualifications;
Distribute RFQ to all requesting same and to City’s project staff,
and maintain list of RFQ holders;
Conduct one (1) pre-submittal meeting for interested parties;
Respond to questions from interested parties and, after review and
approval by City, publish answers in addenda to RFQ; and
Report progress to City as necessary.
3.Upon receipt ofprequalification statements:
b)
c)
d)
Summarize the information contained in the qualification
statements and distribute to Selection Panel and City;
Assist Selection Panel in evaluation of qualifications;
Assist Selection Panel in presenting recommendations to City;
Notify all respondents of the City’s actions on the Selection Panel’s
recommendations for shortlisting.
RFP and Proposal Phase. In this phase, Consultant shall:
Based upon City approved Pre-Design Engineer Report (PER), prepare the
following RFP Documents:
b)
c)
d)
e)
g)
h)
Instructions to proposers, including proposal evaluation and
selection criteria;
Proposal Form;
Design-Build Agreement Form, based upon Design-Build Institute
of American (DBIA) format;
Bond Forms;
General and Special Conditions of the Design-Build Contract;
Program of Facility Requirements which will reiterate the desigh
criteria content found in the PER;
Schematic Site Plan and Floor Plans;
Space Standards and Environmental Requirements;
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i)
J)
Performance Specifications;
Materials to assist the City’s Selection Panel in proposal selection;
and
Addenda to the RFP.
Based on the information provided by City and contained in the RFP
Document, submit an opinion of probable design-build cost and any
adjustments to the Project Budget cost breakdown, and make adjustments
to the RFP Document that may be required to maintain the total Project
Budget.
After acceptance by the City of the RFP Documents, and upon
authorization by the City to proceed:
b)
c)
d)
Distribute RFP Document and attachments to all proposers and to
City’s project staff and Selection Panelists, and maintain list of
RFP holders;
Conduct pre-proposal meeting for proposers;
Respond to questions from proposers and, after review and
approval by City, publish answers in addenda to RFP;
Assist the City to receive proposals, determine and verify if they
meet the deadline and the minimum submittal.
o After receipt by the City of the design-build proposals, and upon
authorization by the City to proceed:
a) Distribute copies of the proposals to the City’s project staff and
Selection Panel;
b)Examine each proposal for compliance with the minimum
requirements of the RFP;
c)Assist the City’s Selection Panel in evaluation of the design-build
proposals based on the selection criteria published in and selection
of a winning proposal for recommendation to City;
d)Note the City’s Selection Panel deliberations and record their votes
for inclusion in a written Final Report of the City’s Selection Panel;
e)Assist the City’s Selection Panel in presenting the Panel’s
recommendation to City Council;
f)Assist the City to take appropriate action on the recommendation;
g)Assist the City and the Design-Builder to complete and execute the
design-build contract, including the clarification and
documentation of appropriate sections of the Design-Builder’s
Proposal, if necessary.
Project Tasks
1.Project Management
Page 6
o
Along with its monthly billing, the Consultant shall provide a cover letter
with a summary of the work done during the corresponding billing period.
Invoice detail shall be o{ganized by task. The Consultant shall prepare
and keep current a critical path project schedule in MS Project.
Meetings
For all meetings with the City, the Consultant will establish the meeting
agenda (coordinating with City engineering staff) and prepare and
distribute meeting minutes.
Project Kickoff Meeting
Consultant shall facilitate the Project kickoff meeting with City
(e.g. Utilities Engineering and Operations, Planning, Parks, Public
Works Engineering, etc.), outside agency and/or public
stakeholders, to orient them on the Project and exchange
information. The Consultant shall distribute a detailed Work
Breakdown Structure (WBS) plan and baseline schedule in MS
Project format of the entire contract. The plan and schedule shall
be updated, tracked against baseline, and submitted as part of the
progress payment requests.
b)Regular Project Conferences with Engineering Staff
The Consultant shall regularly schedule conferences with City
engineering staff during the pre-design, on an as-needed basis, but
no less frequently than monthly, to discuss Project progress (from
an updated schedule), Project issues and needs, upcoming
activities, and open and new action items.
Initial Submittal
An Initial Submittal shall be made to the City by the Consultant.
Submittal is to give the City a preview of the anticipated City effort for the
initial pre-design work, including, as a minimum:
a)
b)
c)
d)
e)
Information Consultant will need from the City.
Decisions the City will need to make, options available and date
needed.
A list of main issues, constraints, site/facility requirements.
Quality assurance: what equipment or materials to specify.
The baseline project schedule in MS Project format.
Coordination with Utilities Operations
The Consultant shall meet with select personnel from Water-Gas-
Wastewater (WGW) Operations and Electric Operations to obtain their
input into the pre-design work. The Consultant shall be prepared to
describe proposed facilities and equipment, and to elicit input from
operations staff regarding their requirements and preferences° The
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Consultant should make a strong effort to ensure Operations staff have a
thorough understanding of the issues at hand. The discussion shall include
a brief description of operation and maintenance requirements, and of the
anticipated control and instrumentation scheme. The Consultant shall
document the concerns and needs expressed by Operations personnel, and
the engineering team’s responses.
Pre-Design Study and Pre-Design Progress Submittal
The Pre-Design Progress Submittal shall be made by Consultant to
document the in-process pre-design engineering study in an informal
report or letter. The submittal will inform staff as to the alternatives and
options under consideration, such as alternative facility layouts and
options for equipment and controls, the factors which will influence
design and construction, and how these factors will be addressed in
procurement, design and!or construction. The Pre-Design Progress
Submittal shall include the drawings and explanatory text for the
conceptual design alternatives that are listed below. The Pre-Design
Study shall address the following pre-design elements and all other
elements for completing a pre-design:
¯Hydrogeologic and geotechnical factors.
¯Environmental factors and mitigations.
¯Water quality considerations, including identifying
potential iron and manganese contaminated aquifers, and
techniques for avoiding contamination.
¯Design criteria and assumptions, including well yield
(flow) capacity, chloramination dosing and chemical
storage, and emergency power supply.
¯Conceptual design alternatives, including drawings &
explanatory text of:
Site plan showing structure, existing utilities and
proposed utilities including piping to the City’s
potable water distribution system and to nearby
sanitary or storm sewers for discharging during well
testing, flushing and/or periodic exercising of the
wells.
Floor plan of structure with equipment and piping
shown.
-Proposed landscaping alternatives.
-Architectural features for the Library/Community
Gardens above the ground structure.
o Operations factors, including normal operating and
maintenance requirements and operating schemes under
emergency and continuous operating modes.
¯Control and instrumentation strategies/logic and block
diagrams. (SCADA)
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Equipment and!or materials which are determined to be
necessary for the design-build contract to ensure that the
City receives a quality product.
Design-Build contract procurement alternatives and
recommended approach (RFQ, RFP elements, schedule,
construction management requirements, etc.).
Estimated cost of the design-build contract and of any other
anticipated costs, such as third party construction
management if needed. Estimates are to be based on the
current market and on recent bids (escalated per ENR
indices) for similar, successful projects (at least 3 projects).
Cost sources shall be documented.
Estimated annual O&M costs for the facilities, with a
benefit-cost analysis for key alternatives (equipment,
operation, etc.).
Key considerations for the design-build RFQ and RFP.
Key considerations for risk management and owner
representation during the design & construction phase.
Consultant shall provide twenty (20) copies of the Pre-
Design Progress Submittal.
Meeting with City staff
After the Pre-Design Progress Submittal is completed the
Consultant shall meet with Engineering and Operations staff, and
possibly other City stakeholders, to explain the in-progress work,
key design factors and operations considerations, and to elicit
feedback and preferences from the participants. The meeting shall
also include clarification of City expectations and ~evaluating them
for practicality and realism. It is understood that the City staff will
review the Pre-Design Progress Submittal and conceptual facilities
layout and provide comments back to the Consultant.
Environmental Mitigations
The Consultant shall implement all mitigation measures, as listed in Table
S-1 of, and explained elsewhere in, the Project Environmental Impact
Report, which apply to the pre-design drilling and boring operations.
Consultant shall coordinate with the City’s Planning Department and with
Utilities Engineering to determine the applicability and extent of
mitigations required for the drilling.
Permits
a) The Consultant shall obtain any permits needed for the drilling
operations including the permit from the Santa Clara Valley Water
District (SCVWD), and any other applicable permits for the
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b)
c)
drilling work. It is understood that the Consultant will pay the
permit fees up to a limit of $1,500.
At the commencement of the project work on behalf of the City of
Palo Alto apply to the Department of Public Health for an
amendment to the City’s existing permit to include the new
"stand-by wells". This includes meeting the department of Public
health at the project sites for their initial site acceptability review.
The application is currently processed on an hourly basis at
$111.06 per hour, and therefore the permit fees are undeterminable
for the purpose of this scope of work. All permit amendment fees
will be paid for from Additional Services.
The Consultant shall evaluate permitting requirements of any other
permitting agencies, as applicable, for the new well facilities.
Consultant shall, obtain permits, if agency will grant during a
permit during pre-design, and the permit fees will be paid out of
Additional Services.
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o Architectural Review
The Consultant shall submit conceptual design (approx. 35%) drawings of
the Library/Community Gardens above ground structure to the Planning
department for architectural review sufficient for design-build, and
approval. Drawings required for review may include a site plan with
landscaping, floor plan, roof plan and elevations.
Draft Pre-Design Engineering Report Submittal
The draft Pre:Design Engineering Report shall contain all the elements
and graphics of the final report and shall be submitted in substantially
complete form. Consultant shall provide to the City twenty (20)copies of
the draft report.
The Consultant shall meet with Engineering and Operations staff, and
other City stakeholders, to describe how they’ve addressed input received
from staff during pre-design, and to explain and discuss key elements of
the PER and Consultant’s recommendations for the new facilities. It is
understood that the City staff will review the draft report and provide
comments back to the Consultant.
10.Pre-Design Engineering Report
The Pre-Design Engineering Report (PER) shall document the pre-design
work and shall contain graphics, text and recommendations, and will serve
as the basis for the design-build RFP and contract. The PER shall include,
but is not limited to:
¯Graphics:
Site. plan showing the relationship of. the new
facilities to the site, including existing utilities.
Developed conceptual design (approximately 35%
stage of completion) drawings of the above and
below ground structures, in plan and section, and
the proposed landscaping. Structure plan and
sections shall show the location and scale of
equipment.
Architectural renderings, in perspective, of the
above ground facilities showing the environmental
setting. It is understood that these renderings are
meant to be simple graphics suitable for
presentation to the City Council and the
Architectural Review Board (ARB).
Control and instrumentation block diagrams
(including logic scheme) detailing the control and
monitoring of the systems. (SCADA)
¯Text with table of contents, executive summary and tables
and/or figures. The report shall document the results of the
Page 11
11.
pre-design study including the design elements listed in
Task 5 for the Pre-Design Progress Submittal, and the
Consultant’s recommendations.
¯Projected schedule for the procurement and design-
construction phases using MS Project format.
¯A comprehensive and detailed Work Breakdown Structure
(WBS) type list of steps for the procurement and design-
construction phases of the project, and a PERT chart or
flowchart showing task interrelationships and
dependencies.
° Appendices:
Specifications for equipment and materials deemed
essential to ensuring that the City receives a quality
facility that is operator friendly and energy efficient.
List of 1 or 2 manufacturers for each key
mechanical, electrical and control
-Equipment (e.g. pumps, motors, casings, etc.).
-Test well data: Hydrogeologist’s report with drill
log data.
Geotechnical report for design of the structures.
The PER shall be delivered in hardcopy and electronic format (text in MS
Word &/or PDF, and drawings in AutoCAD). Consultant shall provide
twenty-five (25) hardcopies of the PER.
Risk Management Plan
The Consultant shall prepare a Risk Management Plan which describes
risk factors (City at risk) during the design and construction phase, and
recommendations for mitigating these risks, The plan will provide the
City with means for minimizing or eliminating project change orders and
ensuring quality of design, equipment and materials, and construction of
the new well facilities. The Risk Management Plan shall be delivered to
the City at least one month before drafts of the RFQ and RFP packages are
delivered.
12.Research
a) At the commencement of the Project work, SEI shall research the
following:
1) public records of subdivision and survey maps to determine
and verify right-of-ways and property boundaries,
2)file copies of utility service districts and companies to
locate existing
¯ electrical, gas, telephone, and cable television
overhead and underground services,
¯storm drain,
.sanitary sewer, and
.water mains.
Page 12
13.
14.
b)Research will be facilitated by meeting with local public agencies,
utility companies, and service districts and will be verified by field
investigations to identify the characteristics and needs of the
Project.
Topographic Surveying and Mapping
a) At the commencement of the Project work, SEI shall
1) obtain a detailed topographic map of the Project well sites
obtained by conventional surveying methods including
o location and flow lines of pertinent underground
pipelines including, if necessary, arrangement for
potholing at crossing conflicts,
¯identification of existing improvements to be
salvaged and/or removed, and
¯ identification of landscaping and trees.
2) establish horizontal and vertical control points at the
Project well sites tied to the City’s horizontal and vertical
controls.
Remote Monitoring and Control of Wells
Establish the design-build criteria to remotely monitor and control the
operation of the wells through the City’s Supervisory Control and Data
Acquisition (SCADA) or other telemetry/computer system for routinely
scheduled maintenance and during (and after) an emergency event.
Deliverables included in the PER will be as follows:
a)A written specification for the Remote Telemetry Units (RTU).
b)A written specification for SCADA Central Configuration.
c)One (1) site visit to review SCADA central and discuss system
requirements with City staff.
d)Sample written control loop description for general well operation.
e)Requirements for the communication medium.
f)Partial Control system Architecture Diagram showing elements of
the S CADA system.
g)SCADA preliminary input and output list requirements.
h)Programming to define the criteria for a maintenance module that
ensures automatic City notification when maintenance and testing
are due to be performed.
i) Minimum qualifications of SCADA system designer-builder.
Assumptions the above services are based on are as follows:
a) City SCADA requirements for RTU and SCADA central
configuration for control logic and preventative maintenance are
well defined, documented and available for consultant use.
Page 13
15.Project Communications
a) Develop project communications including website materials, fact
sheets, customer notifications, presentation materials and/or
miscellaneous project communications. Consultant may assist
with meetings of neighborhood groups and with presentations to
City Council, the Utilities Advisory Group, or other City
departments. $4,243 has been budgeted for this task. Services
beyond this amount must be pre-authorized under Additional
Services.
16.Services during the design-build phase
a) Design-Build Project Initiation
1) Assist the City with the transfer of the pre-design build
project data to the selected design-build
contractor/engineer. This includes consultation with City
staff, communicating pre-design information to the
designer/contractor and participation in one (1) initial
proj ect meeting.
b) Review of Design-Build Engineer’s Design
1) The Consultant shall review the design-build engineer’s
proposed design at the 60%, 90%, and final design stages
for conformance, with the PER and the RFP documents.
Consultant shall provide a written set of comments
documenting any non-conforming items.
Additional Services
1. Additional permit fees for we-design drilling operations. $1,500 has been
allocated in task E.7, Permits, for Consultant to pay permit fees for the
drilling operations. Should actual permit fees exceed the $1,500 amount,
this additional service is for the amount exceeding $1,500.
Permit fees for well facilities. This additional service is for any permit
fees related to obtaining permits from permitting agencies for the well
facilities to be constructed in the design-build phase.
Additional services for unforeseen conditions and/or consultant services
outside the scope of the basic services in tasks A though E herein, which
the City deems necessary to assure a pre-design package that meets the
following pre-design objectives as stated in the Pre-design RFP:
a) The successful design-build team bases their proposal/bid on a
clear understanding of the City’s requirements and site conditions,
eliminating or minimizing change orders during design-build and
keeping the project within budget.
b)The design-build team delivers quality facilities: quality
equipment, materials, and construction methods.
Page 14
c)
d)
e)
The well facilities are simple to operate and maintain, and meet
Utilities Operation’s needs.
The well facilities blend in well with the environment and meet
community standards.
The pre-design schedule is met.
Page 15
EXHIBIT B
Schedule of Performance
Notice to Proceed issued June 23, 2008
Kickoff meeting July 1, 2008
Initial Submittal due July 16, 2008
Geotechnical bore drilling and data collection 7/16/08 - 7/22/08
Exploratory test well drilling and data collection 7/23/08 - 8/6/08
Geotechnical report due August 26, 2008
Risk Management Plan due September 1, 2008
Exploratory test well report due September 10, 2008
Pre-Design Progress Submittal due October 1, 2008
Draft RFQ, RFP & procurement schedule due
Draft Pre-Design Engineering Report due November 21,2008
RFQ, RFP & procurement schedule due December 10, 2008
Final Pre-Design Engineering Report due December 23, 2008
Desig n-Build Procurement - Assistance with 1/27/09 - 7/1/09
Prequalification, Selection and Contract Preparation
Services during the Design-Build phase 7/10/09 - 1/14110
EXHIBIT C
COMPENSATION
for the
PRE-DESlGN AND PROCUREMENT SERVICES for
DESIGN-BUILD OF ELEANOR PARDEE PARK AND LIBRARY/COMMUNITY GARDENS
EMERGENCY WATER SUPPLY WELLS PROJECT
Task Line
Item No.
A
A.1 .c
A.l.c
A.1 .f,g,h
A.1 .a,b,c,
d,e
A.l.a,b,c,
d,e
C
D
E
E.1
E.2a
E.2b
Scope Description Staff Type or Hrs Rate
Subconsultant
Geotechnical & Hydrogeologic
Study
Preparation of Pre-Design
Engineering Report (PER)
RFQ and Shortlisting Phase
RFP and Proposal Phase
Project Tasks
Project Management
Project Kickoff Meeting
Regular Project Conferences with
Engineering Staff
Drilling of One (1) Test
Hole at Library
Community Gardens
Drilling of One (1) Test
Hole at Eleanor Pardee
~ark
Geotechnical Testing
Hydrogeologic Testing
for Library Community
Gardens
Hydrogeologic Testing
for Eleanor Pardee Park
Head Engineer
Senior Engineer
Engineer II
Senior Office Assistant
Well & Pump Expert
Subconsultant, Michael
R. Clark
Head Engineer
Senior Engineer
Senior Office Assistant
Head Engineer
Senior Engineer
Senior Office Assistant
Project Manager
Senior Engineer
Senior Office Assistant
Project Manager
Senior Engineer
Senior Office Assistant
Head Engineer
80
40
80
16
40
40
8
36
40
12
72
16
8
8
8
2
72
Subtotal
$186.00
$135.00
$118.00i
$61.00
Subtotal
$186.00
$135.00
$61.00
Subtotal
$186.00
$135.00
$61.00
Subtotal
$186.00
$135.00
$61.00
Subtotal
$186.00
$135.00
$61.00
Subtotal
$186.00
Est Fee ($)
$58,300.0C
$46,700.0(
$34,000.0£
$31,000.0C
$26,000.0C
$196,000.00
$14,880.00
$5,400.00
$9,440.00
$976.OO
$25,000.00
$55~696.00
$7,440.00
$5,400.00
$488.00
$13,328.00
$6,696.00
$5,400.00
$732.00
$12~828.00
$13,392.00!
$2,160.00!
$488.0¢
$16~040.00
$1,488.00
$1,080.00
$122.00
$2,690.00
$13,392.00
Task Line
Item No.
Scope Description Staff Type or
Subconsultant
Rate Est Fee ($)
Senior Engineer
Senior Office Assistant
24 $135.00
4 $61.00
Subtotal
$3,240.0([
$244.0([
$16,876.0C
E.3 Initial Submittal Head Engineer
Senior Engineer
Engineer II
Senior Office Assistant
8 $186.00
16 $135.00
24 $118.00
4 $61.00i
Subtotal "
$1,488.0C
$2,160.0C
$2,832.0C
$244.0O
$6,724.00
E.4 Coordination with Utilities
Operations
Head Engineer
Senior Engineer
Engineer II
Senior Office Assistant
8 $186.00
24 $135.00
16 $118.00
2 $61.00
Subtotal
$1,488.00
$3,240.00
$1,888.00
$122.00
$6,738.00
E.5 Pre-Design Study & Pre-Design
Progress Submittal
Head Engineer
Senior Engineer
Engineer II
ISenior Office Assistant
16
8
8
$186.00
$135.00
$118.00
$61.00
Subtotal
$1,488.00
$2,160.00
$944.00
$488.00
$5,080.00
E.5a Meeting with City Staff Head Engineer
Senior Engineer
Senior Office Assistant
8
8
2
$186.00
$135.00
$61.00
Subtotal
$1,488.00
$1 ,O8O.00
$122.00
$2,690.00
E.6 Environmental Mitigations Head Engineer
Senior Engineer
Engineer II
Senior Office Assistant
8 $186.00
16 $135.00
8 $118.00
4 $61.00
Subtotal
$1,488.00
$2,160.00
$944.00
$244.00i$4,836.00!
E.7 Permits Head Engineer
Senior Engineer
Engineer II
Senior Office Assistant
At this point SCVWD has no fees. If Permit Fees
there are no other agency fees this
line item will not be billed.
20 $186.00
20 $135.00!
32 $118.00!
16 $61.00!
1 $1,500.00
Subtotal
$3,720.00
$2,700.00
$3,776.00
$976.00
$1,500.00
$12~672.00
E.8 Architectural Review Head Engineer
Senior Engineer
Senior Office Assistant
8 $186.00
80 $135.00
4 $61.oo
Subtotal
$1,488.00
$10,800.00
$244.00
$12,532.00
E.£Draft Pre-Design Engineering
Report Submittal
Head Engineer
Senior Engineer
Engineer II
Senior Office Assistant
8 $186.00
8 $135.00
8 $118.00
8 $61.00
Subtotal
$1,488.00
$1,080.00
$944.OO
$488.OO
$4,0OO.OO
E.10 Pre-Design Engineering Report
(PER) Submittal
Head Engineer 8 $186.00 $1,488.00
Task Line
Item No.
Scope Description
E.11 Risk Management Plan
E. 12 Research
E.13 Topographic Surveying & Mapping
E.14iRemote Monitoring & Control of
Wells
E. 15 Project Communications
E.16.a
E.16.b
E.16.c
Design-Builder Selection Assistance
and Verification
Design Build Project Initiation
60%, 90%, and Final Conformance
Review of Design-Builders Design
Staff Type or Hrs Rate
Subconsultant
Senior Engineer 8 $135.00
Engineer II 8 $118.00
Senior Office Assistant 8 $61.00
Subtotal
Head Engineer 16 $186.00
Senior Engineer 16 $135.00
Senior Office Assistant 4 $61.00
Subtotal
Head Engineer 8 $186.00
Senior Engineer 16 $135.00
Engineer II 24 $118.00
Senior Office Assistant 4 $61.00
Subtotal
Head Engineer 8 $186.00
Associate Surveyor $154.00i
Senior Surveyor $135.0C
Engineer/Surveyor II $118.0(;
2 Person Survey Crew 40 $272.00
Senior Office Assistant 4 $61.00
Subtotal
SCADA Design Criteria
Subconsultant, TJC and
Associates, Inc.
Subtotal
Head Engineer 6 $186.00
Senior Engineer 20 $135.00
Senior Office Assistant 7 $61.00
Subtotal
Head Engineer 16 $186.00
Senior Engineer 16 $135.00
Engineer I1 6 $118.00
Senior Office Assistant 4 $61.00
Subtotal
Head Engineer 8 $186.00
Senior Engineer 6 $135.00
Engineer II 4 $118.00
Senior Office Assistant 4 $61.00
Subtotal
Head Engineer 40 $186.00~
Senior Engineer 40 $135.00
Engineer II 24 $118.00
Senior Office Assistant 16 $61.00
Subtotal
Estimated Reimbursable Expenses
I I
Est Fee ($)
$1,080.0C
$944.0(
$488.0C
$4,000.0C
$2,976.0C
$2,160.0C
$244.0C
$5,380.0G
$1,488.0C
$2,160.0C
$2,832.0C
$244.00
$6,724.00
$1,488.00
$0.00
$0.00
$0.00
$10,880.00
$244.00
$12,612.00
$17,500.00
$17,500.00
$1,116.00
$2,7OO.OO
$427.OO
$4,243.00
$2,976.00
$2,160.00
$708.00
$244.0O
$61088.00
$1,488.00
$810.00
$472.00
$244.00
$3,014.00
$7,440.00
$5,400.00
$2,832.O0
$976.0O
$16,648.00
$8,700.00
Task Line
Item No.
F
F.1
F.2
F.3
Scope Description
Additional Services
Staff Type or Hrs Rate
Subconsultant
TOTAL NOT-TO-EXCEED COMPENSATION FOR
TASKS A THROUGH E
Pre-Design Drilling
Permit Fees
Permit Fees for Well
Facilities
Additional Services for
Unforeseen Conditions
Est Fee ($)
$453,639.00
TOTAL BUDGET FOR ADDITIONAL SERVICES $90,728.00
TOTAL PROJECT BUDGET $544,367.00
Per Permitting Agencies Fee
Schedule
Per Permitting Agencies Fee
Schedule
Per Consultant’s Fee
Schedule
EXHIBIT
ENGINEERING,
SHAPING SUCCESS WITH CLZENT-CENTER ED
PUBLIC WORKS
"WAGE DETERMINATION"
CHARGE RATE SCHEDULE
SOLUTIONS
PRE-DESIGN AND PROCUREMENT SERVICES
for
DESIGN-BUILD OF WATER PRODUCTION WELLS
for
EMERGENCY WATER SUPPLY
at
ELEANOR PARDEE PARK AND LIBRARY/COMMUNITY GARDENS
PALO ALTO, CA
(CIP WS-08002-50)
ROBERT W. SIEGFRIED
founder
LEX A. CORRALES
ANTHONY 3. LOPES
ROONEY W. GRAY
PAUL 3. SCHNEIDER
CLASSIFICATION
PRINCIPAL
SENIOR ASSOCIATE
ASSOCIATE
SENIOR ENGINEER/SURVEYOR
SENIOR TECHNICIAN
ENGINEER/SURVEYOR II
ENGINEER/SURVEYOR I
ENGINEERING/SURVEY TECH III
ENGINEERING/SURVEY TECH II
ENGINEERING/SURVEY TECH I
EXPERT WITNESS
CLERICAL
SURVEY INSTRUMENTMAN
SURVEY CHAINMAN/RODMAN
REIMBURSABLE EXPENSES
TRAVEL, per mile
HOURLY RATE
$186.00
173.00
154.00
135.00
127.00
118.00
104.00
93.00
80.00
67.00
300.00
61.00
152.00
120.00
Cost + 10%
0.65
CIVIL ENGINEERING F STRUETURAL ENGINEERING ~ LAND SURVEYING ~- PLANNING
4045 Coronado Avenue, Stockton, CaLifornia 95204-2396
Tel (209) 943-202l I, Fax (209) 942-0214 t’mait@siegfriedenq.com
F:\08cad\08154_water_wells\win-doc\ChrgRatePW.doc
Client#: 365
CERTIFICATE OF
PRODUCER
Dealey, Renton & Associates
P. O. Box 12675
Oakland, CA 94604-2675
510 465-3090 Christine Silan
INSURED
Siegfried Engineering, Inc,
4045 Coronado Avenue
Stockton, CA 95204
COVERAGES
EXItIBIT D SIEGFENGI
LIABILITY INSURANCE I4 26108D’TE’M DD’
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THECERTIFICATE
HOLDER,THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDEDBY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A: Hartford Casualty Insurance Co.
INSURER B: American Automobile Ins. Co.
INSURER C: Hudson Specialty Insurance Company
NSURER D; Hartford Fire Ins. Co.
INSURER E:
THE POLICIES OF INSURANCE 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 INSURANCE 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.
INSR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE {MMIDD/YYI DATE {MMIDDprfl LIMITS
A GENERAL LIASILITY 57SBAAZ2068 09/01/07 09/01/08 EACH OCCURRENCE $210001000
D
X COMM ERCIAI~ GENERAL LL~ |LITY
----] CLA, MS MADE [~ OCCUR
GEN’L AGGREGATE LIM IT APPLIES PER:
X~ POLICY {-~PRO-J~CT I~ LOC
FIRE DAMAGE (Any one fire)$300,000
MED EXP (Any one person)$101000
PERSONAL & ADV INJURY $21000~000
GENERAL AGGREGATE $410001000
PRODUCTS -COMP/OP AGG $4~000~000
AUTOMOBILE LIABILITY . ¯
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
NON-OWNED ALrros
GARAGE LIABILITY~ANY AUTO
EXCESS LIABILITY
~ OCCUR [-~-1 CLAIMS MADE
~xDEDUCTIBLE
RETENTION $t 0000
WQRKERSCOMPENSATIDNAND
EMPLOYERS’LIASILITY
OTHER Professional
Jability
57U EcTM7462
57SBAAZ2068
;WZP80954833
ALE7158602
09/01/07
09/01/07
09/01/07
09/01/07
0910t/08
09/01/08
09/01/08
09/01/08
COMBINED SINGLE LIMIT $1,000,000(Ea accident}
BODILY INJURY(Per person)$
BODILY INJURY
(Per accident)$
$PROPERT~ DAMAGE(Per accJdent)
AUTO ONLY-EAACCIDENT
OTHERTHAN EAACC
AUTO ONLY:AGG
EACH OCCURRENCE
AGGREGATE
$
$
$
$1,000,000
$1,000,000
$
WC STATU- I OTH-X TORY LIMITS EF]
E.L EACH ACCIDENT $1,900,000
E.L. DISEASE -EA EMPLOYEE $1,000,000
E.L. DISEASE - POLICY LIMIT $1,000,000
$1,000,000 per Claim ¯
$2,000,000 Annl Aggr.
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL
SERVICES.
REF: ALL OPERATIONS OF THE NAMED INSURED
GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City of PaiD
Alto, its Council Members, Officers, Agents, and Employees.
CERTIFICATE HOLDER ] [ AJ3DITIONALINSURED:INSURERLE’n’ER=
City of Paid Alto
At{n: Purchasing and Contract A~lminstration
P.O. Box 10250
Paid Alto, CA 94303
ACORD 25-S (7/97)1 of I #M202759
CANCELLATION Tttn Da3L~ce for Non-Pavment of Premium
SH OU LD ANYOF TH E A~OVE D ESCR]S ED POLICIES B E CANCELLED BEFORE TH E EXPIRATION
DATE THEREOF, THE ISSUING INSURER WI~-xFA~)~X(~ TO MAIL 30-..-- DAYS WRITTEN
NOTICE TO THE CERTIFICATE
AUTHOPJZED REPRESENTATIVE
DAC (~ ACORD CORPORATION 1988
INSURED: SIEGFRIED ENGINEERING, INC.
POLICY NO.: 57UECTM7462
POLICY PERIOD: 09/01/07 TO 09/01/08
INSURER: HARTFORD CASUALTY INSURANCE COMPANY
ADDITIONAL INSURED: City of Palo Alto, its Council Members, Officers, Agents, and
Employees.
EXCERPTS FROM CA 00001 (1001)
HARTFORD BUSINESS AUTO COVERAGE
Additional Insured: SECTION II - LIABILITY COVERAGE
1. WHO IS AN INSURED: The following are "insureds"
c. Anyone liable for the conduct of an "insured"...but only to the extent of that liability.
Primary Insurance: SECTION IV - BUSINESS AUTO CONDITIONS
B. General Conditions - 5. Other Insurance
a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any
covered "auto" you don’t own, the insurance provide by this Coverage Form is excess over any
other collectible insurance.
c. Regardless of the provisions of paragraph a. above, this Coverage Form’s Liability Coverage
is primary for any liability assumed under an "insured contract".
Cross Liability Clause: SECTION V - DEFINITIONS
G. "Insured" means any person or organization qualifying as an insured in the Who is An
Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the
coverage afforded applies separately to each insured who is seeking coverage or against whom a
claim or "suit" is brought.
EXCERPTS FROM HA9916 (0302)
HARTFORD COMMERCIAL AUTOMOBILE BROAD
FORM ENDORSEMENT
15. WAIVER OF SUBROGATION - We waive any right of recovery we may have against any
person or organization with whom you have a written contract that requires such waiver because
of payments we make for damages under this Coverage Form.
EXCERPTS FROM: Hartford Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE
Insured: Siegfried Engineering, Inc.
Insurer: Hartford Casualty Insurance Co.
Policy Number: 57SBAAZ2068
Policy Dates: 09/01/07 to 09/01/08
FORM
Additional Insureds: City of Palo Alto, its Council Members, Officers, Agents, and Employees.
C. WHO IS AN INSURED
6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit
The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds
when you have agreed, in a written contract, written agreement or because of a permit issued by a
state or political subdivision, that such person or organization be added as an additional insured on
your policy, provided the injury or damage occurs subsequent to the execution of the contract or
agreement, or the issuance of the permit. A person or organization is an additional insured under this
provision only for that period of time required by the contract, agreement or permit.
f. Any Other Party
(1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but
only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your
behalf:
(a) In the performance of your ongoing operations;
(b) In connection with your premises owned by or rented to you; or
(c) In connection with "your work" and included within the "products- completed operations hazard,
but only if
(i) The written contract or written agreement requires you to provide such coverage to such
additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included
within the "products-completed operations hazard.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply
to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the rendering
of, or the failure to render, any professional architectural, engineering or surveying services, including:
inspection, or engineering
E.5. Separation of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned
in this policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each insured against whom a claim is made or "suit" is brought.
E.7.b.(7).(b) Primary And Non-Contributory To Other Insurance When Required By Contract
If you have agreed in a written contract, written agreement or permit that this insurance is primary and
non-contributory with the additional insured’s own insurance, this insurance is primary and we will not
seek contribution from that other insurance.
E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation)
If the insured has waived any rights of recovery against any’ person or organization for all or part of any
payment, including Supplementary Payments, we have made under this Coverage Part, we also waive
that right, provided the insured waived their rights of recovery against such person or organization in a
contract, agreement or permit that was executed prior to the injury or damage.
EXHIBIT E
Certification of Nondiscrimination
As suppliers of goods or services to the City of Palo 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:
Member of the Partnership or Joint Venture signature
Date:
Member of the Partnership or Joint Venture signature
If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows:
The undersigned certify that they are respectively:
President and
Title Title
Of the corporation named below; that they are designated to sign the Proposal Cost Form by
resolution (attach a cedified 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.
Siegfried Engineerincj, Inc.
Title: President
Date:
By:Date:
Title:
City of Palo Alto - RFP 126041
ATTACHMENT C
Attachment C - Well Site Locations
A
SOURCE: Carollo Engineers City of Palo Alto Emergency Water Supply and Storage Project EIR. 201490
Figure 2-4
Proposed Library/Community Center
Well Site
LEGEND
Remove non-designated trees and ivy. Replace fence as necessary.
~;-~ Replant with native species per City arborist.~ Area for relocation of displaced plots.
Q Remove Italian stone pines (2).
Twelve designated trees - to be protected and retained,
~ Hollywood Juniper
Oak
0 Catalina Ironwood
I~Potential new well location area.
SOURCE: Carollo Engineers City of Palo Alto Emergency Water Supply and Storage Project EIR. 201490
Figure 2-3
Proposed Eleanor Pardee Park
Well Site