HomeMy WebLinkAboutStaff Report 139-10TO:
FROM:
DATE:
REPORT TYPE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER
MARCH 8, 2010
CONSENT
DEPARTMENT: UTILITIES
CMR: 139:10
Approval of a Water Enterprise Fund Contract with URS
Corporation in the Total Amount of $482,392 for Professional
Engineering Services for the Assessment, Design and Construction
Management Services for Coating and Seismic Upgrades of Six
Existing City Reservoirs and Rehabilitation of Three Receiving
Stations Project WS -07000, WS -08001 and WS -09000
RECOMMENDATION,
1. Staff recommends that Council approve and authorize the City Manager or his designee to
execute the attached Agreement with URS Corporation (Attachment A) in the amount of
$401,993 for engineering services for the assessment, design and construction management
for coating and seismic upgrades of six existing City reservoirs and rehabilitation of three
receiving stations.
2. Due to the project complexity, staff recommends that Council approve and authorize the City
Manager or his designee to negotiate and execute one or more change orders to the contract
with URS Corporation for additional services that may be required during the design and
construction management phases of the project for unforeseen developments, the total value
of which shall not exceed $80,399 or 20% of the proposal cost.
BACKGROUND
The City of Palo Alto maintains a water system consisting of five receiving stations from the
SFPUC's Hetch Hetchy aqueduct system, six reservoirs, five booster pumping stations, five
wells and approximately 214 miles of water transmission and distribution mains. The City's
primary source of potable water, since 1962, has been the Hetch Hetchy aqueduct system.
Of the six existing City reservoirs, five of those were constructed in the 1960's. Mayfield
Reservoir, the City's oldest reservoir, was constructed in the 1920's. Four of these reservoirs are
above ground circular steel tanks, while the remaining two are an above ground pre -stressed
concrete tank and a below grade concrete tank. The City's existing receiving stations, or
turnouts, were constructed in the late 1950's when the City connected to the Hetch Hetchy
system. Each station is contained in an underground vault that contains valves, flow meters,
piping and other equipment.
Although the City's water system has been properly maintained over the years, the system is
aging and needs extensive rehabilitation work in order to ensure that these critical components
CMR: 139:10 Page 1 of 5
are functioning in the years to come. This project enhances the performance reliability of
existing water facilities while the larger emergency water supply and storage project is being
constructed.
DISCUSSION
Description of the Project
The overall project involves the recoating of four existing reservoirs, six control valve vaults and
appurtenant equipment. In addition, seismic restraints will be installed on each on each of the 6
reservoirs and in each control valve vault as identified in the design study for this project.
The overall project also involves the rehabilitation of three existing receiving stations. This
includes the California Turnout, the Page Mill Turnout and the Arastradero Turnout. Equipment
and piping in the vaults for the turnouts will be replaced and/or recoated, as needed. In addition,
the existing walls and ceilings will be sandblasted, removing all paint from inside the vault. To
minimize any future maintenance, the concrete walls and ceilings will not be repainted. A Park
Improvement Ordinance is not required for this work, since the work to be performed in the two
dedicated parks (Arastradero Preserve and Foothills Park) does not involve substantial building,
construction, reconstruction or development. Instead, the work will consist of rehabilitating
existing facilities and will not restrict or change the public's use of the parks.
Consultant's Scope of Services
A Request for Proposals (RFP #131413) was issued on November 12, 2009 seeking consultant
services for the assessment, design and construction management services for coating and
seismic upgrades of six existing City reservoirs and rehabilitation of three receiving stations. The
RFP further requires consultant services to prepare specifications for key equipment and
materials, analyze construction, operations and maintenance costs and prepare a risk
management plan to assure quality of materials and construction. The consultant will also assist
staff with project bidding, contractor selection, construction inspection, commissioning, start up
and testing. The following is a list of activities that is included in the project scope:
Assessment: For this phase of work, the consultant will perform the following tasks:
• Assess the condition of the interior and exterior coatings of the steel tank reservoirs and
determine whether recoating or spot repair is necessary.
• Assess the condition of the structural members for the tanks/reservoirs.
• Assess materials of construction, piping, mechanical and electrical equipment of all
reservoirs and control valve vaults.
• Assess the condition of the coatings on piping, equipment and doors in the underground
receiving stations/vaults.
• Assess the condition of the structures, piping and mechanical and electrical equipment in
receiving stations/vaults.
Design: For this phase of work, the consultant will perform the following tasks:
• Evaluate and recommend suitable coating systems for each reservoir and recommend
materials, methods and/or equipment to rehabilitate or replace any structural members,
piping or equipment needing repair or replacement.
• Analyze whether the reservoirs and control valve vault structures and equipment comply
with current seismic standards.
CMR: 139:10 Page 2 of 5
• Evaluate alternatives and make recommendations for bringing the reservoirs and/or
control valve vaults into compliance with current seismic code. All findings will be
documented in a Preliminary Engineering Report.
• Evaluate and recommend suitable coatings for the piping, equipment and doors in the
underground receiving stations/vaults.
• Evaluate and recommend materials, methods and/or equipment to rehabilitate or replace
any structural, piping or equipment needing repair or replacement.
• Evaluate the best method to remove the existing paint from the walls and floors of the
receiving stations/vaults.
• Evaluate alternatives and make recommendations to repair leaks, eliminate water seepage
and/or repair or replace the associated drainage facilities. All findings will be
documented in a Preliminary Engineering Report.
Construction Management: The consultant will provide all construction management services
for this work. This includes conducting preconstruction and construction meetings, construction
administration, inspection services, testing services and processing change orders.
The deliverables will include:
1. A Preliminary Engineering Report
2. A Risk Management Plan
3. Design and As -Built Drawings
4. Construction Bid Documents
5. A Final Report upon Project Completion
Attachment A, the Agreement, contains a complete description of the scope of services. Due to
the specialized nature of the services, and special equipment and training needed for initial
investigations, efforts of an expert consultant are required.
Solicitation Process
Summary of Solicitation Process
Proposal Title
Assessment, Design and Construction Management Services for
Coating and Seismic Upgrades of Six Existing City Reservoirs and
Rehabilitation of Three Receiving Stations
Proposal Number
131413
Proposed Length of Project
9 months
Number of Proposals mailed &/or emailed
29
Total Days to Respond to Proposal
19
Pre -proposal Meeting Date
November 16, 2009
Number of Company Attendees at Pre-
proposal Meeting
20
Number of Proposals Received:
7
Company Name
Location (City, State)
Amount*
URS Corporation
San Francisco, CA
$401,993
Carollo Engineers
Walnut Creek, CA
$367,350
Lee & Ro, Inc.
Walnut Creek, CA
$547,080
Camp Dresser & Mckee Inc.
Walnut Creek, CA
$1,211,000
Nolte Associates, Inc.
San Jose, CA
$976,088
Harper & Associates Engineering, Inc.
Corona, CA
$548,560
Crosby Group
Redwood City, CA
$1,016,920
*Based on scope of work. See Cost of Services below.
CMR: 139:10
Page 3 of 5
Cost of Services
An evaluation committee reviewed the proposals, proposer qualifications and responses to the
criteria identified in the RFP. After meeting with URS Corporation, staff determined that the
URS Corporation team has the expertise and experience necessary to perform the work. The
following criteria were used during the evaluation process to identify the most qualified firms,
considering qualitative factors before viewing price proposals:
• Quality and completeness of proposal.
• Quality, performance and effectiveness of the work plan, demonstrated ability in design
thoroughness and design constructability.
• Proposer's experience and qualifications of key staff to be assigned to the project.
• Proposer's ability to enforce design and construction schedules.
• Proposal's clarity.
• Understanding of the project scope and schedule.
• Cost.
As shown in the table above, URS Corporation submitted a proposal for $401,993. The final not
to exceed budget for basic services listed in Exhibit A of the Agreement is $401,993. Staff
recommends that additional services not to exceed amount of $80,399 (20 percent) be added to
the contract for unforeseen circumstances due to the complexity of the project.
Additional services will be paid on a time and material basis using the consultant's Charge Rates
schedule shown in Exhibit C-1 to the Agreement. The consultant shall not commence with
additional services before the City approves the scope of additional services, and staff has issued
a written notice to proceed to the consultant. The total budget amount proposed for this project is
$482,392, comprising $401,993 for the basic services and $80,399 for additional services.
The consultant's proposal price was based on certain modifications to the scope of services in the
proposal. The RFP process allows the City to negotiate the price of the work, and the scope of
the work, upon selection of the successful firm. The price for the negotiated scope is $401,993.
RESOURCE IMPACT
The funds for this project are from CIP WS -07000, WS -08001 and WS -09000. Bonds were sold
for the financing of the Emergency Water Supply and Storage Project on October 6, 2009 in the
amount of $35,015,000. The bond funds may be used to fund water system improvements
including the design contract services in this project. This project will be managed by Utilities
Department Staff.
POLICY IMPLICATIONS
The approval of this Water Enterprise Fund contract is consistent with existing City policies and
with Municipal Code Title 2, section 2.30.300, Public Works Contracts. This recommendation is
consistent with the Council -approved Utilities Strategic Plan Key Strategy No. 1, "Operate
distribution system in a cost effective manner," Strategy No. 7, "Implement programs that
improve the quality of the environment" and Objective No. 2, "Invest in utility infrastructure to
deliver reliable service."
As a charter city, Palo Alto is not required to pay prevailing wages on "public works" projects,
so long as the projects are within the realm of "municipal affairs," funded entirely by local funds,
and no other statutory exceptions apply. In 1981, Palo Alto passed Resolution 5981 to pay
CMR: 139:10 Page 4 of 5
prevailing wage "only when required by federal or state grants and on other jobs considered to be
of statewide concern." Therefore, this is not a prevailing wage project because it will take place
within City limits, serve City water customers, and is funded entirely by local funds.
ENVIRONMENTAL REVIEW
This project has a categorical exemption from CEQA per Section 15301 (Existing Structures) of
the CEQA Guidelines.
ATTACHMENTS
A. Agreement with URS Corporation DBA URS Corporation Americas, Exhibits A through D
B. Project Location Map
PREPARED BY:
DEPARTMENT APPROVAL:
CITY MANAGER APPROVAL:
JENNIFER CIOFFI, Project Engineer s
ROMEL ANTONIO, Senior Project Engineer /r
GREG SCOBY, WGW Engineering Manager
TOMM MARSHALL, Assistant Utilities Direct
J I/�
VALERIE S . F
Director of I'Jtilities
JA E : KEENE
anager
CMR: 139:10 Page 5 of 5
ATTACHMENT A
CITY OF PALO ALTO CONTRACT NO.: C10131413
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
URS CORPORATION DBA URS CORPORATION AMERICAS
FOR PROFESSIONAL SERVICES
(ASSESSMENT, DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR
COATING AND SEISMIC UPGRADES OF SIX EXISTING CITY RESERVOIRS AND
REHABILITATION OF THREE RECEIVING STATIONS)
This AGREEMENT is entered into on this day of , 2010, by and
between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and
URS Corporation dba URS Corporation Americas, located at 221 Main Street, Suite 600, San
Francisco, CA 94105 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to recoat and seismically upgrade six existing city reservoirs and rehabilitate
three receiving stations ("Project") and desires to engage a consultant to assess, design and manage
construction in connection with the Project ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. 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
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 One Thousand
Nine Hundred Ninety Three Dollars ($401,993). In the event Additional Services are authorized, the
total compensation for services and reimbursable expenses shall not exceed Four Hundred Eighty
Two Thousand Three Hundred Ninety Two Dollars ($482,392). The applicable rates and schedule of
payment are set out in Exhibit "C-1", entitled "HOURLY RATE SCHEDULE," which is attached to
and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-1"). 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, ifpennitted,
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.
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
i 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:
V&A Consulting Engineers
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.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Tom Frisher as the
Project Manager to have supervisory responsibility for the performance, progress, and execution of
the Services to represent CONSULTANT during the day-to-day work on the Project. If
circumstances 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 S ervices 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 Jennifer Cioffi, Utilities Department, Engineering Division, 1007
Elwell Court, Palo Alto, CA 94303, Telephone: 650-566-4525. 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,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an "Indemnified Party") from and against any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all costs
and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements
("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall 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
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 maybe made by
the City Manager acting in the reasonable exercise of his/her discretion
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY:
Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATIQN. 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
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING. The City of Palo Alto
is a green business and works to purchase and provide products in an environmentally sustainable
manner. CONSULTANT will use production methods that reduce waste and environmentally toxic
products, as well as have less packaging. CONSULTANT will adhere to the standard that printed
materials will be, at a minimum, printed on 3 0% post consumer recycled paper with vegetable based
ink. The designer will check with the project manager to discuss the maximum recycled content
paper available for each project. FSC (Forest Stewardship Council) certified paper that is "process
free" is preferred. CONSULTANT will use methods that reduce energy use and thus the carbon
footprint for the development, production and delivery of products. CONSULTANT shall adhere to
the City's Environmentally Preferred Purchasing policies as may be amended from time to time.
SECTION 24. MISCELLANEOUS PROVISIONS.
24.1. This Agreement will 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 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. 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.
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 of the
parties.
24.6. If a court of competent jurisdiction fords 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.
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 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 24.8 shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
24.9. The individuals executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
24.10 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about
a California resident ("Personal Information"), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the security
of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing
purposes without City's express written consent.
24.11 All unchecked boxes do not apply to this agreement.
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
City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-1":
EXHIBIT "D":
URS CORPORATION dba URS
CORP RATION AMEICAS
By. ,� /
Name: V l lac. hr; (.. t iril ecfcr
Title: e7 /w' (1;U
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
SCOPE OF WORK EXHIBIT "A"
The scope of work for the "Assessment, Design and Construction Management Services for
Coating and Seismic Upgrades of Six Existing City Reservoirs and Rehabilitation of Three
Receiving Stations", as per The City of Palo Alto RFP No. 131413, includes the six existing
reservoirs (and associated control vaults); Mayfield Reservoir, Corte Madera Reservoir, Boronda
Reservoir, Park Reservoir, Dahl Reservoir and Monte Bello Reservoir and the three receiving
stations; California Turnout, Page Mill Turnout and Arastradero Turnout.
There are four main tasks for this project. TASK 1: Assessment, TASK 2: Design, TASK 3:
Construction and Management Support and TASK 4: Additional Services.
TASK 1: ASSESSMENT
As part of TASK 1, the consultant (URS) shall inspect and assess the existing coatings on the
steel tank reservoirs and provide recommendations for the rehabilitation or remediation of these
coatings. URS shall inspect and assess the existing condition of structural members associated
with the reservoirs, reservoir control vaults and receiving stations. URS shall also perform a
structural analysis to determine if the existing structures, structural members and equipment
associated with the reservoirs, reservoir control structures and receiving stations satisfy the
requirements of California Building Code, 2007, ASCE 7-05 and any other associated
prescriptive code outlined in the Project Design Criteria (PDC). URS shall provide
recommendations for the rehabilitation / retrofit of any structural members that have been
identified to be code -deficient.
The City of Palo Alto (City) shall provide URS with all available geotechnical reports and data
for the facilities. This may include, but is not limited to: site specific boring logs of the specific
site conditions for each of the aforementioned structures, and site -specific geological and seismic
hazard assessments. URS shall provide structural assessment and recommendations following the
acknowledgment and review of any existing geotechnical data provided by the City.
The coating assessment shall include the following:
• Evaluation of existing conditions of interior and exterior coatings for the steel tank
reservoirs
o Identify necessary repairs to satisfy adequate performance of the coatings
o Identify lead bearing paint and/or other hazardous materials
• Recommend suitable coating systems or coating repairs
• Evaluation of existing conditions of the receiving station vault and associated piping and
equipment coatings
o Identify repairs required to prevent leakage, ponding at the vault floor or
inadequate drainage
o Identify lead bearing paint and/or other hazardous materials
• Recommendations for repair and rehabilitation of the receiving station vault, and
associated piping and equipment coatings
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The structural assessment shall include the following:
• Evaluation of existing structural members for six reservoirs, reservoir control vaults and
associated equipment supports
o Condition of existing structural members, materials and equipment supports
o Identify vulnerabilities to seismic loads
o Identification of necessary repairs required to satisfy the requirements of the
Project Design Criteria
• Recommendations for the rehabilitation / retrofit of structural members for six reservoirs
and associated equipment supports, including one alternative strategy
• Evaluation of existing structural members for the receiving stations and associated
equipment
o Condition of existing structural members, materials and equipment supports
o Identify vulnerabilities to seismic loads
o Identify necessary repairs required to satisfy the requirements of the Project
Design Criteria
• Recommendations for the rehabilitation / retrofit of structural members for the receiving
stations and associated equipment supports, including one alternative strategy
URS shall establish a Project Design Criteria (PDC) in coordination with the City and shall
submit to the City a PDC Technical Memorandum. The PDC will establish governing codes and
regulations and design procedures that will guide URS throughout the retrofit design work.
Following the aforementioned assessment of coatings and structural members, a Condition and
Needs Assessment Technical Memorandum shall be developed for the City. In addition, URS
shall complete an Alternatives Analysis Technical Memorandum.
The results of these three technical memorandums shall be combined into a cohesive document,
also called the Preliminary Engineering Report (PER), which will also serve as the Basis of
Design (BOD). The PER is considered the deliverable for TASK 1, comprising approximately
10% of the full design, and shall include, but is not limited to the following:
1. The procedures and reasoning used in assessment and evaluation of alternatives
2. Operation and maintenance considerations
3. Impacts and handling/disposal of hazardous materials
4. Recommendations and preferred alternatives for rehabilitation or retrofit of coatings and
structural members of reservoirs, reservoir control vaults, receiving stations and their
associated equipment and piping supports
5. Justification for selection of the preferred alternative
6. Opinion of probable cost of alternatives and preferred alternatives for rehabilitation or
retrofit of coatings and structural members of reservoirs, reservoir control vaults,
receiving stations and their associated equipment and piping supports based upon most -
current and available cost data
7. Impacts upon operations and neighboring facilities due to construction activities
8. Specifications for materials and equipment
9. Establish performance objectives and incorporate into Project Design Criteria
10. Provide geological and seismological hazard analysis results, as outlined in TASK 4
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URS will require the City to provide any existing information related to the project prior to start
of design activities. Existing information may include the following:
• As -built plans and/or specifications
• Improvement or retrofit drawings and calculations
• Structural and geotechnical design calculations, assumptions or information
• Geotechnical boring logs
• Material and equipment schedules and specifications
• Coating condition assessments
• Structure condition assessments
• Site inspection reports
TASK 2: DESIGN PHASE
As part of TASK 2, URS shall provide phased design services which shall include the following:
construction drawings, specifications, design calculations and a construction cost estimate. The
scope of improvements and the cost constraints for the construction shall be considered closely
by URS. The City and URS shall develop the budget for construction and coordinate City needs
and budget constraints, and the technical needs of the project. The following will represent the
design services milestones and phases of construction document deliverables, presented as
subtasks:
SUBTASK 2.1-65% DESIGN PLANS AND SPECIFICATIONS
Following City's acceptance of the Final Preliminary Engineering Report, URS shall prepare
plans, specifications and estimates at the 65% design stage. URS shall provide the City with an
electronic version and up to 10 hard copy sets of the plans and specifications for review and
comment by City staff.
SUBTASK 2.2-90% DESIGN PLANS AND SPECIFICATIONS
Following City's acceptance of the 65%, URS shall prepare plans, specifications and estimates at
about the 90% design stage. URS shall provide the City with an electronic version and up to 10
hard copy sets of the plans and specifications for review and comment by City staff.
SUBTASK 2.3-100% DESIGN PLANS AND SPECIFICATIONS
Following City's acceptance of the 90%, URS shall prepare plans, specifications and estimates at
about the 100% design stage. URS shall provide the City with an electronic version and up to 10
hard copy sets of the plans and specifications for review and comment by City staff.
SUBTASK 2.4, BID ASSISTANCE:
As part of subtask 2.4, URS shall provide Construction Bid Assistance for the City to the
following extent. URS shall provide up to 50 hard -copy sets of 100% Design Plans and
Specifications along with electronic copies of each. Assistance during the bid process shall
include the following:
1. Printing of the Bid Document
2. Preparation of addenda to Bid Document
3. Coordination with the City of Palo Alto Purchasing Department for the printing and
mailing of bid documents and addenda
a. URS shall assist in creating an Information for Bidders (IFB) package
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4. Bid analysis and recommendation for award
5. Preparation of up to 20 hard -copy sets of plans and specifications incorporating the
addenda
SUBTASK 2.5 —MEETINGS AND CORRESPONDENCE:
URS shall coordinate with the City on a series of project meetings to provide updates on project
progress, provide operations and maintenance input and discuss design strategies throughout the
design process. The following will comprise the required meetings between the City and URS
and have been included in this Professional Services cost proposal:
1. Project kick-off meeting with the key City staff
a. All applicable City departments and staff members
b. URS project team members and sub -consultant
c. Any outside stakeholders identified and approved by URS and the City
2. Regular project meetings to update project team members and City representatives during
the design period, on an as -needed basis (depending on the phase of the project, URS
understands that meetings shall take place as often as once every two to three -weeks)
3. Review of Draft Preliminary Design Report (PDR)
a. Following submittal of the PER and prior to start of 65% design activities
b. Coordination with City Engineering and Operations staff
4. Review of 65% Design Meeting
a. Coordination with City Engineering and Operations staff
5. Review of 90% Design Meeting
a. Coordination with City Engineering and Operations staff
TASK 3: CONSTRUCTION MANAGEMENT AND SUPPORT
SUBTASK 3.1--PRECONSTRUCTION CONFERENCE:
URS shall provide the City construction management and support services throughout the
construction phase of the project. URS' Project Manager and Resident Engineer shall coordinate
and lead a preconstruction conference with City representatives and the chosen project contractor
(Contractor). The Construction Management and Support budget is based upon a construction
duration of 16 months (for all projects here) and a required level of effort of approximately 1.5
days per week. Variance from these assumptions may require an adjustment to the Construction
Management and Support budget.
SUBTASK 3.2 —CONSTRUCTION ADMINISTRATION:
URS shall provide general construction administration services to best execute project work and
retrieval of necessary information for construction. Activities shall include the following:
1. Contractor's payment requests: URS shall evaluate monthly progress payment requests
from the Contractor and recommend payment. URS shall provide a brief written summary
of the construction budget status transmitting the Contractor's monthly Payment Request
to the City. The transmittal sheet will tabulate current and cumulative amounts expended
and or remaining and the percentage of the overall budget expended.
2. Contractor's schedule: URS shall review and assist the City with approval of the
Contractor's construction schedule, updates, and revisions in accordance with the contract
documents.
3. Issue Notice to Proceed: URS shall assist the City to issue the Notice to Proceed.
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4. Correspondence and file maintenance: URS shall review project correspondence
furnished by the Contractor. URS shall maintain Project Records including daily logs,
inspection reports, photos, measurement of quantities, schedules, and correspondence and
documentation of all major decisions and actions. Logs, inspection reports and other
items shall be provided in both hardcopy and electronic files.
5. Monthly reports: URS shall prepare and submit to the City a monthly progress report
including Construction progress summary and schedule; construction cash flow and
payments; and summary logs for change orders, RFIs and RFPs.
6. Claims management: URS shall assist the City to identify potential claims and make
recommendations to resolve them.
SUBTASK 3.3 —FIELD SERVICES:
URS shall provide construction field services to the following extent:
1. Construction review meetings: Approximately once every two to three weeks, before the
Construction Progress Meeting for that week, URS shall meet with City staff to walk the
construction site and discuss the progress meeting agenda and construction issues, so that
URS and City staff can develop a common understanding of the existing and possible
construction issues prior to the progress meeting. Upon City request, URS design staff
from the various disciplines will be expected to attend the Construction Progress
Meetings on an "as needed basis" to assist in resolving construction problems issues
and/or to inform City project staff as to technical considerations, potential long term
impacts and possible alternatives to construction problems and/or issues.
2. Construction progress meetings: URS' Construction Manager/Resident Engineer shall
schedule and run Construction Progress Meetings approximately once every two weeks at
the job site with the Contractor and City staff. The meetings will review construction
progress and construction activities including two week "look ahead" schedules from the
Contractor, and discuss and/or resolve construction questions and issues.
SUBTASK 3.4 -INSPECTION:
URS shall provide construction inspection and testing services to monitor contractor progress
and compliance with the project contract documents. Inspection services may include, but are
not limited to the following:
1. Video documentation: Prepare a video of initial site conditions prior to chosen
Contractor's commencement of construction. Visual documentation shall be accompanied
by verbal recorded description of existing conditions.
2. Field changes: Coordinate and document all field changes to the Drawings and
Specifications.
3. Specialty inspections: Coordinate with the Contractor for specialty inspection services
such as structural, geotechnical, mechanical, electrical and instrumentation experts, as
needed.
4. Inspection reports: Compile Daily Inspection Reports prepared by the Contractor and
prepare a summary Weekly Inspection Report. The Construction Manager/Resident
Engineer shall review the weekly reports prior to distribution to the City, for review only.
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5. Permitting: monitor Contractor compliance with construction permits. Recommend
course of action to City if the permit requirements are not being met by the Contractor.
6. Monitor construction record drawings. Monitor Contractor's construction record
drawings, making sure they are thorough, accurate and are updated regularly.
SUBTASK 3.5 —TESTING:
1. URS shall coordinate testing through its testing laboratory, if necessary. This may
include Independent Compliance Testing. The Contractor is responsible for materials,
concrete and soils compaction confirmation tests. However, URS shall provide periodic
independent testing that may be required for soils compliance tests and other field
conditions.
2. URS' Inspector shall be present at equipment and material testing performed by the
Contractor and/or the Manufacturer on an as requested basis from the City.
SUBTASK 3.6 —CONSTRUCTION MANAGEMENT:
URS shall provide the following construction services to help ensure the adequacy of the
Contractor's work which may include includes the following:
1. Review of Contractor's Submittals: URS shall review shop drawings, product data,
quality control, factory testing and manufacturer's O&M manual submittals to verify
conformance with the intent of the contract documents. Submittals shall be reviewed
and marked with appropriate comments. One hardcopy shall be provided of the
reviewed submittal with the Contractor's documentation, and an electronic copy of the
Consultant's submittal review comments.
2. Requests For Information (RFI): URS shall respond to Contractor's Requests for
Information (RFIs). RFIs shall be received by and tracked through the URS CM field
office. URS Project Manager or his design team representative shall issue
interpretations and clarifications of the contract documents and prepare sketches to
clarify contract documents where necessary.
3. Change Order Requests: Changes to the Contract requested by the Contractor shall be
screened to determine the validity of the request. If a preliminary determination is made
that the request is worthy of further review, the Consultant's Construction
Manager/Resident Engineer shall issue a formal Request for Proposal (RFP) to the
contractor.
4. Change Orders: URS' Construction Manager/Resident Engineer (CM/RE) shall
receive the Proposed Change Order (PCO) from the Contractor and shall evaluate the
PCO for impact on design, construction methods and activities, cost, schedule, and
environmental and public concems.
a. The Construction Manager shall negotiate with the Contractor the cost and time
extension of the Contract associated with the change order, and shall make a
recommendation in writing to the City for acceptance or denial. A
recommendation to approve the change shall be transmitted to the City which
documents the scope additional or deleted work, the Consultant's estimate of cost
impact and all other impacts of the change, and containing a justification for the
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change. The transmittal letter shall be included with an original copy of all of the
PCO documentation from the Contractor.
b. Where the PCO requires redesign, the URS design team shall prepare change
order specifications, drawings, and/or sketches, along with an estimate of
additional costs. Any field changes for which a change order is not issued shall be
checked by the Construction Manager for general compliance with the intent of
the design.
5. Final Testing and Startup: URS shall provide startup assistance, and coordinate any
specified vendor training. URS shall prepare an operations and maintenance manual for
the new equipment constructed under this project based on assessment in PER and/or
PDR. The organization, format, and layout of the Manual shall be coordinated with the
City.
SUBTASK 3.7 —PROJECT COMPLETION:
Construction Project Closeout: URS shall provide a separate construction project closeout for
each of the construction projects previously identified by the City.
The URS Construction Manager/Resident Engineer shall schedule and conduct project
completion inspections, issue punch lists, and recommend final acceptance by the City. URS
Project Manager and required discipline engineers shall be present during the final project "walk-
through" inspections with the Construction Manager/Resident Engineer and the City. URS shall
prepare a Final Report that includes: summary of the work performed including change orders,
project cost and schedule analysis, closeout and acceptance documentation, and final resolution
of any claims or disputed work. Included shall be a complete set of all records of the project,
indexed and properly filed, and a listing of warranties provided under the project including the
items covered and the warranty duration.
SUBTASK 3.8 —AS -BUILT RECORD DRAWINGS:
URS shall furnish five hardcopy drawing sets, one set of Mytar reproducible drawings and
electronic copies of AutoCAD files of the Construction Record Drawings on a compact disk.
Construction Record Drawings shall be prepared from field markups, verified by the
Construction Manager/Resident Engineer and provided by the Contractor.
TASK 4: ADDITIONAL SERVICES
URS shall provide the following additional services upon request by the City on a separate
budgetary basis. This will prompt a new Task Order under the same Contract terms. These
additional services may include but are not limited to the following:
SUBTASK 4.1 —SPECIALIZED INSPECTION AND TESTING SERVICES:
URS can provide the City on an as -requested basis, specialized inspection and testing services.
SUBTASK 4.2 —ADDITIONAL GEOTECHNICAL SERVICES
Should no geotechnical data exist, or the existing data found inadequate or incomplete, URS can
provide the following geotechnical services, on an as -requested basis from the City:
• Coordinate with the City and recommend the level of geotechnical investigation required
for each site.
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• Provide field support for geotechnical borings, and coordinate with drilling sub -
consultant.
• Provide geotechnical lab services, determine soil properties, and provide a Geotechnical
Investigation Report. The report shall provide the site specific geologic hazards
assessment, landslide & liquefaction, site characterization, and foundation design
recommendations.
SUBTASK 4.3 —ENVIRONMENTAL PLANNING SUPPORT
URS can assist the City, on an as -requested basis, with strategies for environmental
documentation and clearances such as preparation of the CEQA checklist to define the project.
URS also offers a range of environmental support services should the need arise.
SUBTASK 4.4 —WATER DELIVERY ANALYSIS
URS can provide, upon request from the City, an assessment of the overall hydraulic impacts to
the City delivery system of taking reservoir facilities out of service. Reservoir and turnout
outages shall occur in stages, however, full analysis of the water system performance throughout
the duration of each outage will help the City prepare in advance for potential water delivery
conflicts.
SUBTASK 4.5 —EXPERT WITNESS SERVICES
URS can provide, on an as -requested basis, expert witness services to the City.
SUBTASK 4.6--UNFORSEEN PROJECT DESIGN REQUIREMENTS
URS can provide additional design services, on an as -needed basis, outside of the predetermined
design period of the project. Unforeseen project design requirements may be comprised of
unanticipated construction -related work.
SUBTASK 4.7 —GEOLOGIC HAZARD ASSESSMENT
URS can provide, upon request from the City, full Geologic Hazard Assessment services. URS
believes it is essential to evaluate all components of the system with respect to future geologic
hazards. With the exception of the Mayfield Reservoir (completed in 1927) and the three
turnouts associated with the Hetch Hetchy Aqueduct (built or re -built in 1959) all other elements
of the water distribution system under consideration in this proposal were constructed in the
1960s. The Planning Department of the County of Santa Clara has recently published a series of
maps depicting Geologic Hazard Zones (GHZs) that portray areas potentially susceptible to the
following geologic hazards: fault rupture; liquefaction; landslide; compressible soils and dike
failure flooding.
Although none of the facilities being studied during this assessment are considered susceptible to
the latter three geologic hazards, we believe it would be prudent to review reservoirs and turnout
locations with respect to potential surface fault displacement and liquefaction hazards. Similarly,
we believe that some consideration should be given to the distribution pipelines that connect
these facilities. Accordingly, we propose to evaluate the six reservoirs and three turnouts with
respect to potential hazards associated with fault rupture and liquefaction. Our studies shall
include:
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• A review of Santa Clara County GHZ maps and discussions with the County Geologist to
understand the basis for their interpretation.
• A review of relevant geologic maps and reports, prepared by a variety of investigators,
many after the 1989 Loma Prieta Earthquake; these have focused on the fold and thrust
belt structures roughly parallel to the nearby San Andreas Fault Zone and typically
consisting of high angle reverse faults dipping toward the south-southwest.
• Review of relevant project files: for example, a comprehensive Remedial Investigation
and Feasibility Study of the 1501 Page Mill Road facility conducted by Dames & Moore,
a predecessor company, for Hewlett-Packard, including copies of materials from the files
of the late Dr. Benjamin Page, of Stanford University; these files included photographs
and notes from the original construction of the Mayfield Reservoir in the 1920s as well as
utility trenches along Page Mill Road, adjacent to the Page Mill Turnout, from 1947 and
1957.
SUBTASK 4.8— SEISMIC HAZARDS ANALYSIS AND DEVELOPMENT OF SEISMIC
GROUND MOTIONS:
URS can provide, upon request from the City, full Seismic Hazard Analysis services. Site -
specific probabilistic and deterministic seismic hazard analyses could be performed to assess the
seismic hazard at the six reservoir sites and develop the seismic design ground motions for use in
the upgrades to the reservoirs. Given the criticality of each reservoir, their differing locations
with respect to the San Andreas Fault, and their varying site and topographic conditions, site -
specific hazard analysis should be performed for each reservoir site. The latest information on
seismic sources, ground motion, prediction and geotechnical characterization of the site
conditions beneath the reservoirs shall be incorporated into the hazard analyses.
The seismic source parameters shall be based on the URS seismic source model, which was
developed by a working group of experts for the California Department of Water Resources. The
results of the Working Group on California Earthquake Probabilities are also included in the
model.
The ground motion prediction models that will be used will be PEER's Next Generation of
Attenuation (NGA) relationships that were published in 2008. Because the San Andreas Fault is
likely the controlling seismic source in both the probabilistic and deterministic hazard analyses,
near -fault effects on ground motions such as forward rupture directivity need to be addressed.
Site -specific shear -wave velocity information, if available, shall be used in the NGA models or a
site -specific site response analysis shall be performed to account for site response effects.
Seismic design ground motion parameters including response spectra and time histories (if
requested) shall be developed. This task will benefit from the recent URS development of
campus -wide seismic design ground motions for Stanford University.
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SCHEDULE OF PERFORMANCE EXHIBIT "B"
URS has developed a tentative work schedule based upon the time constraints expressed by the
City. Both a schedule of project tasks, submittals and milestones and a schedule of facility
outage during design and construction phases are presented with this Scope of Work for
Professional Services. All changes to the schedule and milestone or submittal dates shall be
approved by the City before proceeding under the updated schedule. URS shall provide the City
with an updated schedule after any major change occurs. Refer to Exhibit A for a detailed
Project Work Schedule.
Table 1: Project Work Schedule (Design and Construction)
TASK NAME
Duration
Start
End
Council Approval
1 Day
Mon 3/8/10
Mon 3/8/10
NTP for Assessment, Design and CM
Services
0 Days
Mon 3/15/10
Mon 3/15/10
Task 1: Assessment
16.4 Weeks
Mon 3/15/10
Tue 7/6/10
Kickoff PDT Meeting
Initial Submittal (Work Plan)
Field Inspection
Pre -Design Progress Submittal
1 Day
1 Day
8 Weeks
1 Day
Mon 3/15/10
Mon 4/5/10
Tue 3/23/10
Tue 4/13/10
Mon 3/15/10
Mon 4/5/10
Mon 5/17/10
Tue 4/13/10
Draft Preliminary Engineering Report
(Draft PER)
Final Preliminary Engineering Report
(Final PER) Submittal
6 Weeks
30 Days
Wed 4/14/10
Wed 5/26/10
Tue 5/25/10
Tue 7/6/10
Task 2: Design
5.4 Weeks
Wed 7/7/10
Thu 8/12/10
Task 2.1 (subtask): 65% Design
3.6 Weeks
Wed 7/7/10
Fri 7/30/10
Design
Submittal
Comments back from City of Palo
Alto
3.4 Weeks
1 Day
1.2 Week
Wed 7/7/10
Fri 7/30/10
Wed 7/7/10
Thu 7/29/10
Fri 7/30/10
Wed 7/14/10
Task 2.2 (subtask): 90%
3 Weeks
Mon 7/12/10
Fri 7/30/10
Design
Submittal
Comments back from City of Palo
Alto
1.8 Weeks
1 Day
1 Week
Mon 7/12/10
Fri 7/23/10
Mon 7/26/10
Thu 7/22/10
Fri 7/23/10
Fri 7/30/10
Task 2.3 (subtask): 100% Design
Plans and Specifications
1.8 Weeks
Mon 8/2/10
Thu 8/12/10
Design
Submittal
IFB & Procurement Schedule Date
9 Days
1 Day
0 Days
Mon 8/2/10
Wed 8/11/10
Wed 8/11/10
Thu 8/12/10
Wed 8/11/10
Wed 8/11/10
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Task 2.4 (subtask): Bid Assistance
8 Weeks
Tue 8/17/10
Mon 10/11/10
Advertisement and Procurement
City Council Award for Construction
6 Weeks
1 Day
Tue 8/17/10
Mon 10/11/10
Mon 9/27/10
Mon 10/11/10
Task 3: Construction Management
18 Months
Tue 10/12/10
Mon 2/27/12
Task 4: Additional Services
24 Weeks
Wed 7/7/10
Tue 12/21/10
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SUMMARY OF COMPENSATION
EXHIBIT "C"
URS has provided below an estimated cost for the project, with a summarized version, dissected
into tasks and subtasks. A more detailed project cost estimate can be found in Exhibit B. URS
has included both total cost for items discussed in the RFP provided by the City and total cost for
items discussed in the RFP as well as additional services that URS will be pleased to provide.
Table 2: Summarized Proiect Cost Estimate
Scope
URS
STAFF
(Hours)
V & A
(Hours)
SUBTOTAL
(Hours)
TOTAL
COST
Task
1
ASSESSMENT
324
324
336
336
660
660
1.1
Preliminary Engineering Report
(PER); Basis of Design
COST SUBTOTAL, NOT TO
EXCEED TASK 1
$ 39,630
$ 48,142
$ 88,972
Task
2
Design
1149
514
411
164
12
48
164
100
44
8
12
0
1313
614
455
172
24
48
2.1
65% Design Plans and
Specifications
2.2
90% Design Plans and
Specifications
23
100% Design Plans and
Specifications
2.4
Bid Assistance
2.5
Meetings and Coordination
COST SUBTOTAL, NOT TO
EXCEED TASK 2
$ 127,012
$ 23,498
$ 152,909
Task
3
Construction Management and
Support
815
20
123
196
126
96
180
54
20
68
4
24
12
0
0
0
28
0
883
24
159
196
126
96
180
82
20
3,1
Preconstruction Conference
3,2
Construction Administration
33
Field Services
3.4
Inspections
3.5
Testing
3.6
Construction Management
Services
3,7
Project Completion
3,8
As -Built Record Drawings
COST SUBTOTAL, NOT TO
EXCEED TASK 3
$ 114,900
$ 9,743
$ 128,153
Markup on Subs (5%)
$ -
$ 4,069
$ 4,069
PROJECT TOTAL COST Tasks
1, 2, & 3
$ 370,035
Professional Services
Rev. December 1, 2009
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Task
4
Additional Services
196
12
0
16
16
0
52
40
60
0
0
0
0
0
0
0
0
0
196
12
0
16
16
0
52
40
60
4.1
Specialized Inspection & Testing
Services •
4.2
Additional Geotechnical
Investigation (Cost TBD)
4.3
Assist in Environmental
Documentation
4.4
Assess Overall Hydraulic Impacts
4.5
Provide Expert Witness Services
(Cost TBD)
4.6
Unforeseen Conditions Resulting
in Unanticipated Project Design
4.7
Geologic Hazards Assessment
4.8
Seismic Hazard Analysis
COST SUBTOTAL
ESTIMATE TASK 4
$ 31,959
$ -
$ 31,959
Markup on Subs (5%)
$ -
5 -
$
PROJECT TOTAL COST Tasks
1, 2, 3, &4
$ 313,500
$ 85,452
$ 401,993
Professional Services
Rev. December 1, 2009
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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
$401,993. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $482,392. 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 $370,035 and the total
compensation for Additional Services does not exceed $401,993.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $88,972
(Assessment)
Task 2 $152,909
(Design)
Task 3 $128,153
(CM Support).
Task4
(Additional Services) $31,959
Sub -total Basic Services $401,993
Total Basic Services and Reimbursable expenses $401,993
Additional Services (Not to Exceed) $80,399
Maximum Total Compensation $482,392
Professional Services
Rev. December 1, 2009
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EXHIBIT "C-1"
URS
2010 SCHEDULE OF FEES AND CHARGES
CITY OF PALO ALTO - RFP 131413
The following describes the basis for compensation for service
performed from January 1, 2010 to December 31, 2010.
This Schedule of Fees and Charges will be adjusted
annually on January 1 of each subsequent year to
reflect merit and economic salary increases, and
changes in the expected level and mode of operations
for the new year: The new Schedule of Fees and
Charges will apply to existing and new assignments.
PERSONNEL CHARGES
The charge for all time required in the performance of
the Scope of Service, including office and travel time,
will be at the Unit Price Hourly rates set forth below
for the labor classifications indicated.
Labor Classification Hourly Rate
Principal -In -Charge
Construction Management & Support
Project Manager
QA/QC
Geologic Hazards Geologist
Mechanical / Piping Appurtenances Engineer
Senior Project Structural / Civil Engineer
Seismology Engineer
Site Civil Engineer
Hazardous Materials Specialist
Material Testing 11 (Signet)
Geotechnical Engineer
Project Structural / Civil Engineer
Cost Estimator
Electrical Engineer
Senior Structural / Civil Engineer
Structural / Civil Engineer
Material Testing I (Signet)
Senior CADD / Graphics
Project Administrator
Editor
Staff Structural / Civil Engineer
CADD Drafting
Project Support
$252
$209
$182
$180
$180
$175
$173
$169
$161
$155
$147
$146
$145
$140
$137
$125
$105
$86
$85
$85
$83
$77
$67
$55
URS LABORATORY SERVICES AND
SPECIALIZED EQUIPMENT CHARGES
Charges for laboratory services and testing equipment
will be charged at standard usage rates. Rate
schedules are available upon request.
SUBCONSULTANTS AND OTHER PROJECT
COSTS
The administrative and markup cost of processing
subconsultant invoices incurred by URS on the
project will be charged at cost plus 5%.
The administrative and markup cost of processing
other direct costs (ODCs) invoices incurred by URS
on the project will be charged at cost.
Document Reproduction
In-house reproduction of letter -sized pages will be
charged at $.10 a page for black and white and $1.50
a page for color. Larger sized pages will be $2.50 a
page.
Vehicles and Mileage
Field vehicles (pick-ups, vans, trucks, etc.) used on
project assignments will be charged at $75.00 per
day. The mileage charge for personal autos will be the
then current mileage rate established by the Internal
Revenue Service.
This fee schedule contains confidential URS business information and is not to be
copied or distributed for any purpose other than the use intended in this contract
or proposal.
V&A
V&A CONSULTING ENGINEERS
2010 FEE SCHEDULE
EFFECTIVE JANUARY 1, 2010
JOB TITLE HOURLY RATES
Principal -in -Charge $256
Senior Project Manager $206
Project Manager $194
Senior Project Engineer $174
Structural Engineer $170
Project Engineer $154
Associate Engineer $134
Assistant Engineer $118
CADD Designer $118
Engineering Assistant $105
Senior Technician $100
NACE Certified Coating Inspector $75
Technician $90
Project Administrator/Clerical $72
Forensic Engineering $330
Deposition/Court Appearance $430
RATES INCLUDE OVERHEAD AND PROFIT
OTHER DIRECT COSTS
Subcontractor/Subconsultant Cost + 10%
Soil Samples (pH, Cr, SO4-, Saturated Resistivity, As -Received Resistivity, Bicarbonate) $180/Sample
Travel (Air/Hotel/Per Diem/Rent-A-Car) At Cost
Auto/Truck Mileage $0.55/Mile
Field Truck Rental $80/Day
Confined Space Entry Truck and Safety Equipment Rental $120/Day
Reproduction At Cost
EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM
OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE
SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A -:VII, OR
HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN TILE STATE OF
CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED,
BELOW:
REQUIR
ED
TYPE OF COVERAGE
REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE
AGGREGATE
YES WORKER'S COMPENSATION
STATUTORY
YES EMPLOYER'S LIABILITY
STATUTORY
BODILY INJURY
$1,000,000
$1,000,000
YES GENERAL LIABILITY,
INCLUDING PERSONAL INJURY,
BROAD FORM PROPERTY
PROPERTY DAMAGE
$1,000,000
$1,000,000
DAMAGE BLANKET
BODILY INJURY & PROPERTY
$1,000,000
$1,000,000
CONTRACTUAL, AND FIRE
DAMAGE COMBINED.
LEGAL LIABILITY
BODILY INJURY
$1,000,000
$1,000,000
- EACH PERSON
$1,000,000
$1,000,000
AUTOMOBILE LIABILITY, -
EACH OCCURRENCE
$1,000,000
$1,000,000
YES INCLUDING ALL OWNED,
HIRED, NON -OWNED
PROPERTY DAMAGE
. $1,000,000
$1,000,000
BODILY INJURY AND PROPERTY
$1,000,000
$1,000,000
DAMAGE, COMBINED
YES PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND
NEGLIGENT PERFORMANCE
ALL DAMAGES
$1,000,000
IJIE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED:
CONTRACTOR,
AT ITS
YES 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 CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE
EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE,
NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND
EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A BLANKET CONTRACTUAL LIABILITY ENDORSEMENT.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED
COVERAGE.
Professional Services
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III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO
"ADDITIONAL INSUREDS"
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 CONTRIBUTING WITH
ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS 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
1. 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.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT
LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
Professional Services
Rev. September 2009
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LEGEND
City Boundary for City of Palo Alto
t.::._ `3 City of Pal o Alto Service Area
V T urnout
0 Reservoir
ci Well
Source:
TopoUSA 5.0 2004
(www.delorme.com)
0
N
1
2
Scale in Miles
PROJECT LOCATION MAP
January 2010
RFP 131413
City of Palo Alto
Reser voirs a nd Turnout Upgr ades
Palo Alto, California
EXHIBIT A
S 1 M'IL\IH3 V11V