HomeMy WebLinkAboutStaff Report 266-06City of Palo Alto
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER
13A
DEPARTMENT: PUBLIC WORKS
DATE:JUNE 19, 2006 CMR:266:06
SUBJECT:APPROVAL OF AN ENTERP~SE FUND CONTRACT WITH RMC
WATER AND ENVIRONMENT CORPORATION IN THE AMOUNT OF
$299,940 FOR THE PREPARATION OF A DISINFECTION FACILITY
PLAN FOR THE REGIONAL WATER QUALITYCONTROL PLANT
(WASTEWATER TREATMENT FUND FY 05-06)
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the City Manager or his designee to execute the attached contract
with RMC Water and Environment Corp. (RMC) in the amount of $299,940 for the
preparation of a Disinfection Facility Plan for the Regional Water Quality Control Plant
(RWQCP).
Authorize the City Manager or his designee to negotiate and execute one or more
revisions to the contract with RMC for related, additional services which may include
preparation of environmental documents beyond a mitigated negative declaration,
attend/conduct additional meetings or workshops that are not included in the basic scope
of services, and additional research and reports beyond the basic scope of services, the
total value of which shall not exceed $29,990.
DISCUSSION
Scope of Services Description
The work to be performed under the contract is for the preparation of a facility plan for a
technically sound, environmentally friendly, and financially viable ultra-violet (UV) disinfection
facility as a replacement to the existing chlorine disinfection facility at the RWQCP. Consultant
services under this project include: technical analyses, refinement and confirmation of facility
requirements, lifecycle analyses, environmental review, and economic review for the
comparisons of UV and Chlorine disinfection. A detailed scope of services is attached to the
~ontract as Exhibit "A".
Background
The RWQCP presently uses chlorine gas, a conventional but controversial chemical, to disinfect
its treated water prior to discharge to the Bay. There are growing concerns over the safety and
chlorine byproducts associated with the chlorine disinfection process. Minimization/elimination
of chlorine use is a core element of the RWQCP’s long-term goals that were established in 2002.
During the fall of 2004, the RWQCP embarked on a project entitled the Disinfection Alternatives
Study. During the course of the Disinfection Alternatives Study, the RWQCP engaged with
CMR:266:06 Page 1 of 3
stakeholders in a series of workshops. The stakeholders and the RWQCP collaborated to
identify, develop and screen candidate disinfection technologies. Through the screening process,
the stakeholders concluded that UV technology presented the most viable alternative to chlorine
gas for effluent disinfection at the RWQCP. The result of the year-long collaborative study was
documented in a report entitled "Disinfection Alternatives Study". Therefore, the RWQCP is
focusing on a UV system as the alternative to chlorine disinfection.
Changing the existing chlorine disinfection to UV disinfection would allow the RWQCP to
accomplish several long-term goals including minimization of chemical use. However, if the
change were to be made, the implementation needs to be planned carefully so that it would not
impact a competing goal, "To Minimize or Justify Financial Impact on Ratepayer". One of the
objectives of the Facility Plan project is to provide the proper planning so that the
implementation would be financially viable if the RWQCP were to proceed with the change. As
part of the planning effort, the RWQCP is monitoring State and Federal funding possibilities.
The timing of this project is triggered by the availability of funding from the following sources:
State funding is presently available through the State Water Resources Control Board.
The RWQCP has taken an initial step to place the project on the State funding priority
list. However, application cannot be submitted without completing the Facility Plan.
Federal funding will be available through the Wastewater Treatment Security Bill.
If the Disinfection Facility Plan project does not proceed at this time, the RWQCP will lose the
window of opportunity to obtain outside funding to minimize financial impact to RWQCP
partners and the ratepayers. Staff recommends that a consultant performs the Disinfection
Facility Plan project to ensure a non-bias comparison between the existing chlorine system and
the UV system.
Selection Process
A request for proposal (RFP) for the project was posted at City Hall and sent to nine consulting
firms on April 10, 2006. Firms were given 29 days to respond to the request. Two proposals
were received on May 9, 2006. The proposals ranged from $298,987 to $299,940. Those firms
not responding indicated that they did not submit a proposal because they are busy on other
projects.
Proposal Description]Number
Proposed Length of Project
Number of Proposals Mailed
Total Days to Respond to Proposal
Pre-proposal Meeting Date
Number of Company Attendees at Pre-
proposal Meeting
Number of Proposals Received:
Company Name
Summary of Solicitation Process
Disinfection Facility Plan / RFP #116829
10 months
9
29
None
N.A.
1. Kennedy/Jenks Consultant
2. RMC Water & Environment
Range of Proposal Amounts Submitted
2
Location (City, State)Selected for oral
interview?
Palo Alto, CA Yes
San Jose, CA Yes
$298,987 to $299,940
CMR:266:06 Page 2 of 3
The RFP process allows the City to negotiate the price of the work upon selection of the
successful firm.
An evaluation committee consisting of staff from the Environmental Compliance Division, staff
from the RWQCP, a representative from the City of Los Altos, and a Palo Alto resident
representing the stakeholders reviewed the proposals. Both firms were invited to participate in
oral interviews on May 22, 2006. The committee carefully reviewed each firm’s qualifications
and submittal in response to the criteria identified in the RFP. The criteria used to select the
recommended firm include: specialized experience, past performance, qualifications of project
team and principal, understanding of project goals, ability to work with the public, familiarity
with issues associated with project, proposal clarity, among other criteria.
RMC was selected because of its qualifications and experience. It presented a clear
understanding of the issues, challenges, and objectives of the project. Upon completion of this
project, the City has the option of retaining RMC for the design and construction management
services if the City decides to proceed with the implementation. Staff, with the concurrence of
the City Attorney, has determined that the firm is exempt from complying with the financial
disclosure provisions of the City’s conflict of interest code, because the firm’s range of duties and
services to be provided under the contract are limited in scope or are primarily ministerial in
nature.
RESOURCE IMPACT
Funds for the Disinfection Facility Plan project have been appropriated under the FY 2005-2006
Wastewater Treatment fund.
POLICY IMPLICATIONS
The recommendation of this staff report is consistent with City policies.
ENVIRONMENTAL REVIEW
Environmental review is a part of the scope of this project.
ATTACHMENTS
Attachment A:Contract (includes Scope of Services)
PREPARED BY:
DEPARTMENT HEAD:
Daisy Stark, Senior Engineer/RWQCP
William D. Miks, Manager/RWQCP
Director of Public Works
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CMR:266:06 Page 3 of 3
CITY OF PALO ALTO CONTRACT NO. C06116829 ATTACHMENT A
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
RMC WATER A!qD ENVIRONMENT
FOR PROFESSIONAL SERVICES
DISINFECTION FACILITY PLAN
This AGREEMENT is entered into , by and
between the CITY OF PALO ALTO, a chartered city and a municipal
corporation of the State of California ("CITY"), and RMC Water and
Environment, a California Corporation located at 2290 North First
Street, Suite 212, San Jose, CA 95131 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this
Agreement.
A. CITY intends to prepare the Disinfection Facility Plan for the
Palo Alto Regional Water Control Plan ("Project") and desires to
engage a consultant to perform the pre-design and life-cycle
analyses, and to prepare the environmental documents in connection
with the Project ("Services").
B. CONSULTANT has represented that it and any subconsultants have
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.
D. CONSULTANT has agreed to perform the Services on the terms and
conditions contained in this Agreement.
NOW, THEREFORE, in consideration of the recitals,
covenants, terms, and conditions, this Agreement, the parties
agree:
AGREEMENT
Section i. SCOPE OF SERVICES. CONSULTANT shall perform the Services
described in Exhibit "A" in accordance with the terms and
conditions contained in this Agreement. The performance of all
Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM. The term of this Agreement shall be from the
date of its full execution through completion of the services,
unless terminated earlier pursuant to Section 20 of this Agreement.
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CITY OF PALO ALTO CONTRACT NO. C06116829
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 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.
CONSULTANT shall not be responsible for delays from causes beyond
CONSULTANT’s reasonable control.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid
to CONSULTANT for performance of the Services described in Exhibit
"A", including both payment for professional services and
reimbursable expenses, shall not exceed two hundred ninety-nine
thousand nine hundred and forty dollars ($299,940.00). In the
event Additional Services are authorized, the total compensation
for services and reimbursable expenses shall not exceed three
hundred twenty nine thousand nine hundred and thirty dollars
($329,930.00). The applicable rates and schedule of payment are
set out in Exhibit ~C", entitled ~COMPENSATION," which is attached
to and made a part of this Agreement.
Additiona! Services, if any, shall be authorized in accordance with
and subject to the provisions of Exhibit ’~C". CONSULTANT shall not
receive any compensation for Additional Services performed without
the prior written authorization of CITY. Additional Services shall
mean any work that is determined by CITY to be necessary for the
proper completion of the Project, but which is not included within
the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall
submit monthly invoices to the CITY describing the services
performed and the applicable charges (including an identification
of personnel who performed the services, hours worked, hourly
rates, and reimbursable expenses), based upon the CONSULTANT’s
billing rates (set forth in Exhibit "C"). If applicable, the
invoice shall also describe the percentage of completion of each
task. The information in CONSULTANT’s payment requests shall be
subject to verification by CITY. Send all invoices to the CITY
attention the Project Manager. The Project Manager is: Daisy
Stark, Dept.: Public Works, Water Quality Contro! Department, 2501
Embarcadero Way, Palo Alto, CA 94303, Telephone: 650-329-2287.
SECTION 6. QUALIFICATIONS/STA!qDARD OF CARE. All of the Services
shal! 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
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this Agreement and that the personnel have sufficient skill and
experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subconsultants have and shall
maintain during the term of this Agreement all licenses, permits,
qualifications, insurance and approvals of whatever nature that are
legally required to perform the Services.
All of the services to be furnished by 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 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.
CONSULTANT shall report immediately to the CITY’s project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and/or guidelines in
relation to the Project of the performance of the Services.
CONSULTANT shall use due professional care to provide that all
documentation prepared by CONSULTANT shall provide for a completed
project that conforms to all applicable codes, rules, regulations
and guidelines that are in force at the time such documentation is
prepared.
SECTION 8. ERRORS/OHISSIONS. 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.
SECTION 9. INDEPENDENT CONTRACTOR. It is understood and agreed
that in performing the Services under this Agreement CONSULTANT,
and any person employed by or contracted with CONSULTANT to
furnish labor and/or materials under this Agreement, shall act as
and be an independent contractor and not an agent or employee of
the CITY. The manner and means of conducting the Services are the
responsibility of and under the control of CONSULTANT, except to
the extent they are limited by applicable law and the express
terms of this Agreement.
CONSULTANT will be responsible for employing or engaging all
persons necessary to perform the Services. All contractors and
employees of CONSULTANT are deemed to be under CONSULTANT’S
exclusive direction and control. CONSULTANT shal! be responsible
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for their performance.
SECTION I0. 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 II. SUBCONTRACTING.
Notwithstanding Section i0 above, CITY agrees that subconsultants
may be used to complete the Services. The subconsultants
authorized by CITY to perform work onthis Project are identified
in Exhibit "A". CONSULTANT shall be responsible for directing the
work of the subconsultants and for any compensation due to
subconsultants. CITY assumes no responsibility whatsoever
concerning such compensation~ CONSULTANT shall be fully responsible
to CITY for al! acts and omissions of a subconsultant. CONSULTANT
shall change or add subconsultants only with the prior approval of
the city manager or his designee.
SECTION 12. PROJECT MANAGEMENT. CONSULTANT will assign Tom
Richardson as the project director to have supervisory
responsibility for the performance, progress, and execution of the
Services. If circumstances or conditions subsequent to the
execution of this Agreement cause the substitution of the project
director 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 Jill 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 agceptable manner, are uncooperative, or
present a threat to the adequate or timely completion of the
Project or a threat to the safety of persons or property.
The city manager wil! represent CITY for all purposes under this
Agreement. Daisy Stark is designated as the project manager for the
CITY. The project manager wil! 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 13. DUTIES of CITY. To assist CONSULTANT in the performance
of the Services, CITY will furnish or cause to be furnished the
specified services and/or documents described in Exhibit "A" and
such other available information as may be reasonably requested by
CONSULTANT.
SECTION 14. OWNERSHIP OF MATERIALS.All drawings, plans, reports,
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CITY OF PALO ALTO CONTRACT NO. C06116829
specifications, calculations, documents, other materials and
copyright interests developed or discovered by CONSULTANT or any
other person engaged directly or indirectly by CONSULTANT to
perform the services required hereunder shall be and remain the
property of CITY without restriction or limitation upon their use.
Neither CONSULTANT nor its contractors, if any, shall make any of
such materials available to any individual or organization without
the prior written approval of the city manager or designee.
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. To the fullest extent permitted by law,
CONSULTANT shall protect, indemnify, defend and hold harmless CITY,
its Council members, officers, employees and agents (each an
"Indemnified Party") from and against~any and all demands, claims,
or liability of any nature, including death or injury to any
person, property ~amage or any other loss, including~all costs and
expenses of whatever nature including attorneys fees, experts fees,
court costs and disbursements ("Claims") resulting from, arising
out of or in any manner related to performance or nonperformance by
CONSULTANT, its officers, employees, agents or contractors under
this Agreement, regardless of whether or not it is caused in part
by an Indemnified Party.
The acceptance of CONSULTANT’s services and duties by CITY shall
not operate as a waiver of the right of indemnification. The
provisions of this Section 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, shal!
obtain and maintain, in ful! force and effect during the term of
this Agreement, the insurance coverage described in Exhibit "D"
CONSULTANT and its contractors, if any, shall obtain a policy
endorsement naming the City of Palo Alto as an additional insured
under any general liability or automobile policy or policies.
18.2 .Al! insurance coverage required hereunder shall
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CITY OF PALO ALTO CONTRACT NO. C06116829
be provided through carriers with Best’s Key Rating Guide ratings
of A-:VII or higher which are admitted to transact insurance
business in the State of California. Any and 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 shal! 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 wil! 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. WORKERS’ COMPENSATION. CONSULTANT, by executing this
Agreement, certifies that it is aware of the provisions of the
Labor Code of the State of California which require every employer
to be insured against liability for workers’ compensation or to
undertake self-insurance in accordance with the provisions of that
Code, and certifies that it will comply with such provisions, as
applicable, before commencing and during the performance of the
Services.
SECTION 20. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
20.1.The city manager may suspend the performance of
the Services, in whole or in part, or terminate this Agreement,
with or without cause, by giving ten (I0) days’ prior written
notice thereof to CONSULTANT. Upon receipt of such notice,
CONSULTANT will immediately discontinue its performance of the
Services.
20.2.CONSULTANT may terminate this Agreement or
suspend its performance of the Services by giving ten (i0) days
prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
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CITY OF PALO ALTO CONTRACT NO. C06116829
20.3.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.
20.4.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., I0 days after giving notice) of
suspension or termination; provided, however, if this Agreement is
suspended or terminated on account of a default by CONSULTANT, CITY
wil! be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s.services which are of direct and immediate benefit to
CITY as such determination may be made by the City Manager acting
in the reasonable exercise of his/her discretion
20.5. No payment, partial payment, acceptance, or
partia! acceptance by CITY wil! operate as a waiver on the part of
CITY of any of its rights under this Agreement.
SECTION 21.NOTICES.
All notices hereunder will be given in writing and mailed, postage
prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager.
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 22. CONFLICT OF INTEREST
22.1.In accepting this Agreement, CONSULTANT
covenants that it presently has no interest, and will not acquire
any interest, direct or indirect, financia! or otherwise, which
would conflict in any manner or degree with the performance of the
Services.
22.2.CONSULTAATT further covenants that, in the
performance of this Agreement, it wil! 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 emp!oyee of CITY;
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CITY OF PALO ALTO CONTRACT NO. C06116829
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.
22.3. 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 23. NONDISCRIMINATION. As set forth in Palo Alto
Municipal Code section 2.30.510, CONSULTANT agrees that in the
performance of this Agreement, it shall not discriminate in the
employment of any person because of the race, skin color, gender,
age, religion, disability, national origin, ancestry, sexual
orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it
has read and understands the provisions of Chapter 2.28 of the Palo
Alto Municipal Code relating to Nondiscrimination Requirements and
the penalties for violation thereof, and agrees to meet al!
requirements of Chapter 2.28 pertaining to nondiscrimination in
employment, including completing the form furnished by CITY and set
forth in Exhibit "E".
SECTION 24.MISCELLANEOUS PROVISIONS.
24.1. This Agreement wil! be governed by the laws of
the State of California.
24.2.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 or in the United States District
Court for the Northern District of California in the County of
Santa Clara, State of California.
24.3.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.
24.4.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.
24.5.The covenants, terms, conditions and provisions
of this Agreement will apply to, and will bind, the heirs,
successors, executors, administrators, assignees, and CONSULTANTs,
as the case may he, of the parties.
24.6.If a court of competent jurisdiction finds or
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CITY OF PALO ALTO CONTRACT NO. C06116829
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.
24.7.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.
24.8.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 any
penalty (a) at the end of any fisca! year in the event that funds
are not appropriated for the follQwing 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 24.8 shall take
precedence in the event of a conflict with any other covenant,
term, condition, or provision of this Agreement.
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CITY OF PALO ALTO CONTRACT NO. C06116829
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Agreement on the date
first above written.
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Director of Administrative
Services
CITY OF P/ZLO ALTO
Assistant City Manager
RMC WATER and ENVIRONMENT
By:
Name:
(If corporation: President or Vice-President)
By :
Name:
(If corporation: Secretary or Treasurer)
Taxpayer Identification No.
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
In the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
Attachments :
EXHIBIT "A" :
EXHIBIT "B":
EXHIBIT "C" :
EXHIBIT "D"
EXHIBIT "E" :
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
INStrR_ANCE
NONDISCRIMINATION COMPLIANCE FORM
i0
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA ss.
2006 ,before me, WILLIAM F.BRON~ER Notary Public,
Personally appeared
[] personally known to me or [] proved to me on the basis of satisfactory evidence to be the
persords whose name/s ,i~are subscribed to the within instrument and acknowledged to me that ~/they
executed the same in kirdla~/their authorized capacity/ies, and that by hiCh-~r/their signature/s on the
instrument the person/s or the entity upon behalf of which the person/s acted, executed the instrument.
WITNESS my hand and offic!al seal.
WILLIAM F. BRONNER NOTARY
Notary Public in and for the State of California
Commission # 1378031 Expiration Nov 1, 2006
W LLIAM F. BRONNER=
,OOMM. NO. I~78031 ~
NOT~Y PUBLIC -~N~ ~
COMM. EXPIRES NOV. ~ ~1,
Document Name
,~c e~.~ m~-~--,. ZLa4~,,., /’7~bNumber of Signers
III II I III III II III IIIII I IIIII !
EXHIBIT "A"
DISINFECTION FACILITY PLAN
For the
PALO ALTO REGIONAL WATER QUALITY CONTROL PLANT
SCOPE OF WORK
In general, the consultant shall prepare a facility plan of a potential operable disinfection facility
for the Palo Alto Regional Water Quality Control Plant (RWQCP). The facility plan shall include
technical analyses of all essential components, life cycle environmental and economic review, pre-
design, and the appropriate environmental impact document for conversion of the existing effluent
discharge disinfection system at the RWQCP to a ultra-violet disinfection system (UV system).
BACKGROUND INFORMATION
The RWQCP provides treatment and disposal of wastewater for the Cites of Palo Alto, Mountain
View, and Los Altos; the Town of Los Altos Hills; the East Palo Alto Sanitary District; and
Stanford University, known collectively the RWQCP Partners. The RWQCP is an advanced
treatment facility with a designed average dry weather flow (ADWF) capacity of 38 million gallons
per day (MGD), and a current flow of about 23 MGD. The RWQCP effluent is predominantly
discharged to the San Francisco Bay (Bay) through an effluent out-fall. Additional information
about the RWQCP can be found on the web site www.PARWQCP.or.q.
The RWQCP presently uses chlorine gas, a conventional but controversial chemical, to disinfect its
treated water prior to discharge to the Bay. Minimization!elimination of chlorine use is a core
element of the RWQCP’s long-term goals that were established in 2002. During the fall of 2004,
the RWQCP embarked on a project entitled the Disinfection Alternatives Work Plan Study.
During the course of the Disinfection Alternatives Work Plan Study, the RWQCP engaged with
stakeholders in a series of workshops. The stakeholders and the RWQCP collaborated to identify,
develop and screen candidate disinfection technologies. Through the screening process, the
stakeholders concluded that UV technology presented the most viable alternative to chlorine gas
for effluent disinfection at the RWQCP. The result of the year-long collaborative study was
documented in a report entitled Disinfection Alternatives Work Plan Study (RMC Aug. 2005). The
RWQCP, therefore, focuses on a comparison of the existing chlorine disinfection system (no
project scenario) and UV system.
Contract C06116829 Page 1 of 11
EXHIBIT "A"
CONSULTANT SERVICES
Consultant shall be knowledgeable of the RWQCP National Pollutant Discharge Elimination
System (NPDES) permit requirements and be familiar with the trend of disinfection requirements
of the California Regional Water Quality Control Boards (RWQCB), and particularly of the San
Francisco RWQCB. The end product of this project shall provide sufficient and specific
information that would enable the RWQCP to make decisions relative to conversion to a UV
system, secure financial arrangements, and proceed with final design for the construction of the
disinfection facility. The consultant’s scope of work shall include, but not be limited to, the
following:
Task 1: Site Investigation
1.i RWQCP and service area characteristics
Consultant shall review and document the site characteristics, including climate, topography,
traffic, and demographics.
1.2 Data collection and review
Consultant shall collect and review available data from the RWQCP and outside sources that
are relevant to the project. This data shall include existing reports, process and test data,
permit requirements, and record drawings, etc. The RWQCP has obtained UV transmittance
(UVT) data during the 2005/2006 wet weather months and plans to obtain the data for the
coming dry weather months. The RWQCP will provide the UVT data to Consultant as they
become available.
1.3
1.4
Service area industry review
Consultant shall research and investigate the businesses and industries in the RWQCP service
area to identify potential impacts on the wastewater quality relevant to the potential
conversion to a UV system (e.g. UVT). Industries of concern include printed circuit board
manufacturers, pharmaceutical companies, chemical manufacturers, textile, printing, pulp and
paper, food processing and photo developing. In addition to the businesses and industries
currently served by the RWQCP, the research shall consider those that are planned for
development within the RWQCP service area.
Documentation
Consultant shall provide the RWQCP with documentation of the review, research, and data
that are relevant for the project.
1.5 Deliverables:
Technical memorandum - Site Investigation
Task 2: Develop. Criteria for UV Facility.. D.e~
Contract C06116829 Page 2 of 11
EXHIBIT "A"
2.!Data analyses
Consultant shall perform thorough analyses on the process and water quality data of the
RWQCP. Results of the analyses shall accurately determine the design and operation criteria
for the disinfection facility. Consultant shall document the analyses, the findings, and the
recommended design criteria.
2.2 Coordination with the Regional Water Quality Control Board (RWQCB)
Consultant shall assist the RWQCP to engage the RWQCB in the facility planning effort to
develop the proper criteria for the facility design and to ensure that the conversion from
chlorine gas disinfection to UV would be acceptable.
2.3 Deliverables:
Technical memorandum - U-V Design Criteria
Task 3: UV Facility Pre-Design
Consultant shall engage and be responsible for the services of sub-consultant, DTN Engineers, for
support on electrical/I&C designs.
3.1 Select UV technology
Consultant shall discuss and review the various UV technologies with the RWQCP,
document the pros and cons of the various technologies, make recommendations, and assist
the RWQCP to select a technology that would best fit the RWQCP.
3.2 Establish process and operational parameters
Consultant shall define the UV process and the operational requirements for the selected
technology, develop the plant hydraulics, process controls, and facility config~aration.
3.3 Facility layout
The pre-design for the UV facility shall be developed to the level of detail that is adequate for
the environmental review, including mitigation plan as needed, that would allow the RWQCP
to proceed with the final design of a UV facility. The facility layout shall take into
consideration furore expansion (e.g. possible furore recycled water disinfection).
3.4 Deliverables
Consultant shall provide the RWQCP with the following:
¯Process flow diagram
¯Site plan
¯General arrangement drawings including plans and major section views
¯Hydraulic profile
¯Electrical single line diagrams
¯Technical memoranda describing the engineering design criteria, control strategies,
power consumptions, operational and maintenance requirements, etc.
Contract C06116829 Page 3 of 11
EXHIBIT "A"
Workshop to present the pre-design, incorporate review comments before proceeding
to the evaluation process
Task 4: Chlorination/De-chlorination Facili _ty Upgrades
Consultant shall engage and be responsible for the services of sub-consultant, DTN Engineers, for
support on electricalfi&C designs.
4.1 Review existing facility
Consultant shall review the design, plans, and reports, including the Facility Condition
Assessment report, evaluate the adequacy and conditions of the existing chlorination and de-
chlorination facility, and determine upgrades to the facilities as needed to extend the useful
life of the facilities to the same life span as the potential new UV facilities.
4.2 Deliverables
Consultant shall provide the RWQCP with the following:
¯Process flow diagram as needed
¯Plan(s) as needed
¯Electrical single line diagrams as needed
¯Technical memoranda describing the upgrades
¯Workshop in conjunction with task 3 to present the pre-design, incorporate review
comments before proceeding to the evaluation process
Task 5: Cost Estimates
5.1 UV cost estimate
Consultant shall research and contact the manufacturers, material suppliers, and agencies
currently operating similar wastewater UV systems to develop construction, and operation
and maintenance cost estimates.
5.2 Chlorination cost estimate
Consultant shall develop cost estimate for the chlorination and de-chlorination system to the
same level of detail as that of the potential UV system to provide a fair comparison of
alternatives. The cost estimate shall include all needed upgrades identified in Task 4.
5.3 Analysis of costs shall comply with State Water Resources Control Board (SWRCB)
requirements of conducting a cost effectiveness evaluation of alternatives over a 20-year
planning period. The work on subtasks 5.1 and 5.2 shall include the following for each
alternative:
Estimate the alternative’s capital cost and the year the alternative could most likely be
placed in service
¯Estimate the annual operating and maintenance costs of the alternative, by year, from
start-up through the time period for analysis and prepare annual cash flow diagram
¯Estimate the timing of repair and rehabilitation needed during the planning period
Contract C06116829 Page 4 of 11
EXHIBIT "A"
Estimate dollar value of any ancillary benefits during the planning period
Escalate all costs and benefits to reflect the effects of inflation
Calculate, for each year, the net ownership costs
Discount the net ownership costs to current do!lars at a rate approximately equal to
the City’s borrowing cost, to yield a single net present value of lifecycle ownership
costs
5.4 Deliverables:
Cost estimates and calculation of net ownership costs for the UV alternative
Cost estimates and calculation of net ownership costs for the chlorine/dechlorination
alternative
Task
6.1
6.2
6.3
6.4
6: Research and Literature Review
Consultant shall generate a list of contaminants of concern (or categories of contaminants) for
the purpose of evaluating and comparing UV and chlorine disinfection. This list is anticipated
to include, but not be limited to, NDMA, pharmaceutical compounds, and endocrine
disrupters.
Consultant shall review the latest literature on UV technology and document the range of
benefits and challenges of employing UV disinfection; in particular, effect of UV disinfection
on NDMA destruction.
Consultant shall review literature regarding the differences between UV and chlorine
disinfection in contaminant generation and reduction. Contaminants of concern include
pharmaceuticals and endocrine disrupters. Consultant shall work with the RWQCP to consult
with the RWQCB regarding furore regulations to determine if there is a significant advantage
of one technology above the other with respect to any of the contaminants.
Deliverables:
Technical memorandum with list of contaminants of concern for use in evaluating and
comparing UV and chlorine disinfection.
Task 7: Life Cycle Assessment
Consultant shall perform life cycle analyses on UV and chlorine disinfection, focusing on the
toxins of the respective technologies and energy consumption. The goal of the life cycle
assessment is to provide information on the environmental impact of the two systems and to use the
information together with cost and performance data to select the preferred alternative.
At a minimum the toxins to be analyzed in the life cycle assessment shall include: mercury,
NDMA, THMs, and dioxins. Other toxins could include those identified in Task 6. I. The life cycle
Contract C06116829 Page 5 of 11
EXHIBIT "A"
assessment shall document the quantity of each toxins released and energy consumed during the
production, transportation, and use in operation of the disinfection processes.
Deliverables: Technical memorandum containing the life cycle assessments for toxins and energy
consumptions for the UV and chlorine/sulfur dioxide alternatives
Task 8: Identification and Analysis of Mitigation Measures
Consultant shall identify and evaluate mitigation measures to address the challenges presented by
implementation of UV and the continuation of chlorine disinfection. Mitigation measures should
be developed with sufficient detail to allow for an analysis considering the feasibility of
implementing the measures as well as the net benefit provided. The intent is to preliminarily
identify viable mitigation measures to offset the disadvantages of each technology, not to fully
develop the mitigation measures.
Deliverables: Siting plans and mitigation options
Task 9: Selection of the ’°Preferred Proiect"
Consultant shall review all data gathered, make recommendations, and assist the RWQCP with the
selection process. Summarize the economic and risk analyses in a fact sheet. The selection
process may include meeting and presentation to the stakeholders, or preparation and distribution
of fact sheets to the stakeholders. Consultant shall prepare presentation materials or fact sheets as
needed. Perform sensitivity analyses to verify the "robustness" of the evaluation in response to
changes in the weighting of the evaluation criteria.
Deliverables:
Fact sheets and workshop materials
Technical memorandum documenting the evaluation process, criteria, and results
Task 10: Environmental/Social Evaluation
If necessary, Consultant shall engage and be responsible for the services of sub-consultants, May &
Associates, William Self Associates, Inc., and!or Miley Holman Consultants to complete the
Biological Assessment and the Cultural Resources Assessment for the project.
!0.1 Consultant shall evaluate the environmental and social impact of UV and chlorine
disinfection including the life cycle assessment, impact on traffic, businesses, community
disruptions, wetland, noise, air, the Bay and waterways, cultural resources, etc.The
evaluation shall be in sufficient detail to support the environmental document.
10.2 Preparation of Environmental Document
Consultant shall document the impact of the "Project", consult with city planning officials
and authorities having jurisdiction, and prepare environmental document for the preferred
Contract C06116829 Page 6 of 11
10.3
EXHIBIT "A"
project in accordance with California Environmental Quality Act (CEQA) guideline. The
document shall be complete and in compliance with the CEQA Plus, city guidelines, and
SWRCB funding guidelines, so that the final design and construction of the preferred project
can proceed after city approval of the environmenta! document. It should be assumed that a
mitigated negative declaration would need to be prepared for the preferred project.
Deliverables:
Consultant shall prepare administrative draft report for City’s review, address and incorporate
review comments, prepare draft environmental documents for distribution per CEQA Plus
requirements, and prepare the final documents, including responses to comments and Notice
of Determination, in compliance with CEQA. Deliverables shall include the following:
¯5 copies of Administrative Draft Environmental Report
¯25 copies of Draft Environmental Report
¯25 copies of Final Environmental Report
Task 11: Preparation of Financial Plan
Consultant shall perform cash flow analysis and sensitivity analysis, provide input to rate analysis,
and prepare a financial plan for the preferred project. The plan shall have adequate information,
broken down in appropriate format, for use by the RWQCP to pursue outside funding, including
funding from the SWRCB, for the design and construction of the preferred project.
Deliverables: Financial Plan
Task 12: Public Outreach and Workshops
Consultant shall prepare fact sheets, outreach materials, and assist the RWQCP with public
outreach and conduct meetings and workshops. The RWQCP has an on-going program that
engages a focused group of stakeholders in workshops to discuss the long-term goals for the
RWQCP. The stakeholders include local environmental groups, local businesses, agencies,
community groups, and the Partners. Reduction of releases of toxins and use of chemicals is one
of the main goals that the stakeholders have set for the RWQCP. During the course of this project,
consultant shal! conduct three workshops / public meetings, and involve the stakeholders and the
public in alternatives evaluation in conjunction with the CEQA process. The outreach shall also
include the affected agencies and the general public. Consultant shall also make presentation and
attend meetings as required by the RWQCB.
Deliverables: Workshop materials, fact sheets, and minutes for three public workshops
Task 13: Preparation of FaciliW Plan Report
Consultant shall develop the facility plan report, which shall document the -,,cork performed,
conclusions of the studies, recommendations, and the selection process. Facility plan shall be
Contract C06116829 Page 7 of 11
EXHIBIT "A"
configured for multiple uses to maximize the opportunities of outside funding. A draft report shall
be submitted for review before finalization of the report.
Deliverables:
¯Electronic copy and eight printed copies of draft report
¯Electronic copy and 20 printed copies of Final Facility Plan report
¯One full and one half size mylar reproducible plans/drawings
Task 14 - Project Management
Project management shall be an integral part of the Consultant services. The Consultant shall
monitor all activities, schedule, and budgets of the project. All activities shall be coordinated
through the City Project Manager.
14.1 Budget and Schedule Tracking
Provide budget and schedule tracking of this project.
and budget and schedule status on a monthly basis.
Provide summaries of project status,
14.2 Project Meetings
Coordinate and attend as minimum, three project meetings to update RWQCP staff on
schedule and budget status.
Deliverables: Agenda, minutes of meeting, monthly progress reports, monthly invoice by task and
by individual
DELIVERABLES
Consultant shall prepare and deliver meeting minutes, presentation materials, plans and reports
listed under each task, and monthly progress report to the RWQCP. In addition, consultant shall
provide the following deliverables to the RWQCP:
Task 1: Site Investigation
¯ Technical memorandum- Site Investigation
Task 2: Develop Criteria for UV Facility Desi~
¯ Technical memorandum - UV Design Criteria
Task 3:UV Facility Pre-Desi .g~
¯Process flow diagram
¯Site plan
¯General arrangement drawings including plans and major section views
¯Hydraulic profile
¯Electrical single line diagrams
Contract C06116829 Page 8 of 11
EXHIBIT "A"
¯Technical memoranda describing the engineering design criteria, control strategies,
power consumptions, operational and maintenance requirements, etc.
¯Workshop to present the pre-design, incorporate review comments before proceeding
to the evaluation process
Task 4: Chlorination/De-chlorination Facility Upgrades
¯Process flow diagram as needed
¯Plan(s) as needed
¯Electrical single line diagrams as needed
¯Technical memoranda describing the upgrades
¯Workshop in conjunction with task 3 to present the pre-design, incorporate review
comments before proceeding to the evaluation process
Task 5: Cost
¯
Estimates
Cost estimates and calculation of net ownership costs for the UV alternative
Cost estimates and calculation of net ownership costs for the chlorine/dechlorination
alternative
Task 6: Research and Literature Review
¯Technical memorandum with list of contaminants of concern for use in evaluating and
comparing UV and chlorine disinfection.
Task 7: Life Cycle Assessment
¯Technical memorandum containing the life cycle assessments for toxins and energy
consumptions for the UV and chlorine/sulfur dioxide alternatives
Task 8: Identification and Analysis of Mitigation Measures
¯ Siting plans and mitigation options
Task 9: Selection of the "Preferred Project"
¯Fact sheets and workshop materials
¯Technical memorandum documenting the evaluation process, criteria, and results
Task 10: Environmental/Social Evaluation
¯5 copies of Administrative Draft Environmental Report
¯25 copies of Draft Environmental Report
¯25 copies of Final Environmental Report
Task 11: Preparation of Financial Plan
¯ Financial P!an
Task 12: Public Outreach and Workshops
Workshop materials, fact sheets, and minutes for three public workshops
Contract C06116829 Page 9 of 11
EXHIBIT "A"
Task 13: Preparation of Facility Plan Report
¯Electronic copy and eight printed copies of draft report
¯Electronic copy and 20 printed copies of Final Facility Plan report
¯One full and one half size mylar reproducible plans/drawings
ADDITIONAL SERVICES
Consultant may be required to perform additional services listed below. Consultant shall perform
the additional services upon written authorization by the City. Payment for the additional services
shall be time and expense based on the schedule of charges but not to exceed a pre-negotiated
maximum. The maximum limit for each additional task shal! be negotiated and agreed upon prior
to providing the service. Consultant shall provide a schedule of charges with the fee information.
Additional services may include:
A 1.Prepare environmental document beyond a mitigated negative declaration
A2.Attend/conduct additional meetings or workshops that are not including in the basic scope
of services
A3 Additional research and reports beyond the basic scope of services
SUBSEQUENT CONSULTANT SERVICES
Upon completion of the Facility Plan, the City will review the funding availability, the schedule,
and may determine to proceed with the implementation of the facility plan. City may issue a
request for proposal for the subsequent consultant services, or request the Consultant who prepared
the Facility Plan to perform the subsequent services. The detailed subsequent consultant services
will be established at that time. In general, the subsequent Consultant services may include the
following tasks:
S 1 Site survey and geotechnical services
$2.Final design
$3.Construction management and inspection
$4 Sampling and testing
Contract C06116829 Page 10 of 11
EXHIBIT "A"
PROJECT SCHEDULE
The project shal! start in July 2006. The schedule of the project shall Be staged to accommodate
the public and interested parties. The final report and environmental document shall be complete
before March 31, 2007. Consultant shall establish a detailed schedule showing the critical path and
time line for each task at the beginning of the project. The Consultant shall update and maintain
the schedule throughout the project.
PAYMENT
Progress payments for consultant services shall reflect the amount of effort and percent completion.
The cumulative payment shall not exceed the completed percent of the total project fee based on
the completed tasks or deliverables.
*** END ***
Contract C06116829 Page 11 of 11
CITY OF PALO ALTO CONTRACT NO. C06116829
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the
number of days specified below. CONSULTANT shall provide a detailed schedule of
work consistent with the schedule below within 10 days of receipt of the notice to
proceed.
Milestones Completion
Number of Days From NTP
1. Facility Plan and CEQA-Plus Reports 300 days
050310
CITY OF PALO ALTO CONTRACT NO. C06116829
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services
performed in accordance with the terms and conditions of this Agreement,
and as set forth in the budget schedule below. Compensation shall be
calculated based on the hourly rate schedule attached as exhibit C-1 up to the
not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all
services described in Exhibit "A" ("Basic Services") and reimbursable
expenses shall not exceed $299,940.00. CONSULTANT agrees to complete
all Basic Services, including reimbursable expenses, within this amount. In
the event CITY authorizes any Additional Services, the maximum total
compensation shall not exceed $329,930.00. Any work performed or
expenses incurred for which payment would result in a total exceeding the
maximum amount of compensation set forth herein shall be at no cost to the
CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and
budgeted below. The CITY’s project manager may approve in writing the
transfer of budget amounts between any of the tasks or categories listed
below provided the total compensation for Basic Services, including
reimbursable expenses, does not exceed $299,940.00 and the total
compensation for Additional Services does not exceed $29,990.00.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1
(Site Investigation)
$7,680.00
Task 2
(UV Facility Design Criteria)
$13,920.00
Task 3
(UV Facility Pre-Design)
$46,920.00
Task 4
(Chlorine Facility Upgrades)
$19,040.00
Task 5
(Cost Estimate)
$15,040.00
Task 6
(Research & Literature Review)
$7,260.00
050310
CITY OF PALO ALTO CONTRACT NO. C06116829
Task 7
(Life Cycle Assessment)
$12,000.00
Task 8
(Mitigation Measures)
$16,160.00
Task 9
(Preferred Project)
$26,720.00
Task 10
(Environmental Documentations)
$42,060.00
Task 11
(Financial Plan)
$10,960.00
Task 12
(Public Outreach)
$15,480.00
Task 13
(Facility Plan Report)
$42,020.00
Task 14
(Project Management)
$19,680.00
Sub-total Basic Services $294,940.00
Reimbursable Expenses $5,000.00
Total Basic Services and Reimbursable expenses $299,940.00
Additional Services (Not to Exceed)$29,990.00
Maximum Total Compensation $329,930.00
REIMBURSABLE EXPENSES
CITY shall reimburse CONSULTANT for reimbursable expenses including,
postage, mileage and other miscellaneous costs, at cost plus 10%. All
requests for payment of expenses shall be accompanied by appropriate
backup information. Any expense anticipated to be more than $5,000.00 shall
be approved in advance by the CITY’s project manager.
2 050310
cITY OF PALO ALTO CONTRACT NO.C06116829
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced,
written authorization from the CITY. The CONSULTANT, at the CITY’s
project manager’s request, shall submit a detailed written proposal including a
description of the scope of services, schedule, level of effort, and
CONSULTANT’s proposed maximum compensation, including reimbursable
expense, for such services based on the rates set forth in Exhibit C-1. The
additional services scope, schedule and maximum compensation shall be
negotiated and agreed to in writing by the CITY’s project manager and
CONSULTANT prior to commencement of the services. Payment for
additional services is subject to all requirements and restrictions in this
Agreement
Work required because the following conditions are not satisfied or are
exceeded shall be considered as additional services:
A1.Prepare environmental document beyond a mitigated negative
declaration
A2. Attend/conduct additional meetings or workshops that are not
Included in the basic scope of services
A3. Additional research and reports beyond the basic scope of services
3 050310
CITY OF PALO ALTO CONTRACT NO. C06116829
EXHIBIT "C-1"
2006 RMC RATE SCHEDULE
Classification
Principal 3
Principal 2
Principal 1
Sr Project Manager 3
Sr Project Manager 2
Sr Project Manager I
Project Manager 3
Project Manager 2
Project Manager I
Project Engineer 3
Project Engineer 2
Project Engineer 1
Assistant Engineer
Project Planner 3
Project Planner 2
Project Planner I
Environmental Scientist 3
Environmental Scientist 2
Environmental Scientist 1
Sr.CAD Designer
Sr.Graphic Designer/Artist
Sr.Project Accountant
Sr.Administrator
CAD Designer
Graphic Designer/Artist
Project Accountant
Administrator
Assistant CAD Designer
Assistant Graphic Designer/Artist
Assistant Project Accountant
Assistant Administrator
2006 Hourly Billing Rate
$215
$210
$205
$200
$195
$190
$185
$175
$165
$! 55
$145
$130
$115
$150
$140
$125
$15O
$140
$125
$125
$115
$!15
$110
$115
$105
$105
$100
$1 o5
$95
$95
$90
1 050310
EXHIBIT D
*** TO BE REPLACED WITH ACTUAL CERTIFICATE***
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WITH A BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE
BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE
YES WORKER’S COMPENSATION
YES AUTOMOBILE LIABILITY
YES
YES
COMPREHENSIVE GENERAL
LIABILITY, INCLUDING PERSONAL
INJURY, BROAD FORM PROPERTY
DAMAGE BLANKET CONTRACTUAL,
AND FIRE LEGAL LIABILITY
COMPREHENSIVE AUTOMOBILE
LIABILITY, INCLUDING, OWNED,
HIRED, NON-OWNED
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (VVHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
REQUIREMENT
STATUTORY
STATUTORY
BODILYINJURY
PROPERTY DAMAGE
BODILYINJURY & PROPERTY DAMAGE
COMBINED.
BODILYINJURY
EACH PERSON
EACH OCCURRENCE
PROPERTY DAMAGE
BODILYINJURY AND PROPERTY
DAMAGE, COMBINED
ALL DAMAGES
EACH
OCCURRENCE
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
AGGREGATE
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES PROPOSER, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT
THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED,
INSURING NOT ONLY PROPOSER AND ITS SUBCONSULTANS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE. THE CITY OF PALO ALTO IS TO BE NAMED
AS AN ADDITIONAL INSURED NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES,
INSURANCE COVERAGE MUST INCLUDE:
Ao A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF COVERAGE; AND OR OF
COVERAGE CANCELLATION; AND
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S
AGREEMENT TO INDEMNIFY CITY- SEE SECTION 18, SAMPLE AGREEMENT FOR SERVICES.
SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND
IV THROUGH V, BELOW.
A.NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER:
C.POLICY NUMBER(S):
City of Palo Alto - C06116829 Page 1 of 2
EXHIBIT D
*** TO BE REPLACED WITH ACTUAL CERTIFICATE***
D.DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR
APPROVAL):
III.
IV.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND PROPOSER’S
SUBMI3-1"AL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED
HEREIN.
ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES"
A.PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTINGWITH ANY
OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES.
B.CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C.NOTICE OF CANCELLATION
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE
NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY
(30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITYAT LEAST A TEN (10) DAY WRI’I-FEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE SAME
SIGNATURE(S) AS APPEAR(S) ON SECTION II, ATTACHMENT A, PROPOSER’S INFORMATION FORM.
Firm:
Signature:
Name:
(Print or type name)
(Print or type name)
Signature:
Name:
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303.
City of Palo Alto - C06116829 Page 2 of 2
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.
Date:
If Proposer is INDIVIDUAL, sign here:
Proposer’s Signature
Proposer’s typed name and title
If Prop6ser is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of
the Joint Venturers shall sign here:
Partnership or Joint Venture Name (type or print)
Date:
Date:
Member of the Partnership or Joint Venture signature
Member of the Partnership or Joint Venture signature
3. "If Proposer is a CORPORATION, the duly ..authorized. officer(s) shall sign as follows:
The undersigned certify that they are respectively:
Tom Richardson, P.E.and
Title: Principal Title:
Of the corporation named below; that they are designated to sigh the proposal Cost Form by
resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its
authenticity or Secretary’s certificate of authorization) for and on behalf of the below named
CORPORATION, and that they are authorized to execute same for and on behalf of said
CORPORATION.
RMC Water and Environment
Corporation Name (type or print)
By: -% ....
Title: Principal
Date: Nay 9, 2006
By:¸Date:
Title:
City of Palo Alto - RFP 116829