HomeMy WebLinkAboutStaff Report 232-10TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: UTILITIES
DATE: MAY 3,2010 CMR: 232:10
REPORT TYPE: CONSENT
SUBJECT: Approval of a Water Enterprise Fund Contract with URS
Corporation in the Total Amount of $662,065 for Professional
Engineering Services for thc Well Testing and Rehabilitation Design
of Five (5) Existing Water Wells Project WS-08002
RECOMMENDATION
I. 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
$551,721 for consultant services for well testing and rehabilitation design of five (5) existing
water wells.
2. Due to the project complexity, staff recommends that Council approve and authorize the City
:\1anager or his designee to negotiate and execute one or more change orders to thc contract
with URS Corporation for additional services that may be required during the testing, design
and construction management phases of the project for unforeseen developmenrs, the total
value of wltich shall not exceed $110,344 or 20% of the proposal cost.
BACKGROUND
The City of Palo Alto maintains a water system consisting of five turnouts from the SFPUC's
Retch Retchy 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.
In 1997 the California Department of Public Health (CDPH) recommended that the City have
sufficient storage capacity to supply 8 hours of the maximum day demand in the event that the
Retch Hetchy supply is interrupted, such as during a severe earthquake. In December 1999, a
report titled the "Water Wells, Regional Storage and Distribution System Study" (1999 study)
was issued. To meet CDPH emergency supply recommendations, the 1999 study recommended
construction of an additional storage reservoir and pump station, three new wells, rehabilitation
of five existing standby wells and augmentation of the Mayfield Pump Station in order to correct
system deficiencies. The Utilities Department is currently in the process of completing the basis
of design for the new reservoir and pump station at EI Camino Park and augmentation of the
Mayfield Pump Station project and have met with project stakeholders to ensure the design is in
conformance with their requirements.
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The City of Palo Alto's five water wells are Hale Well, located adjacent to San Francisquito
Creek at the intersection of Hale Street and Palo Alto Avenue; Rinconada Well located in
Rinconada Park along Hopkins Street; Peers Park Well located in Peers Park; Matadero Well
located on Matadero Avenue near Matadero Creek; Fernando Well located on Fernando Avenue
in Boulware Park. All of the City's wells were constructed in the 1950's and were fully operable
until 1962. The wells have not been in use as a water supply source since the City's connection
to the SFPUC aqueduct system. However, they have been used in the past to supplement the City
water system during drought years.
Although the City'S water wells have been maintained over the years, the wells and well pumps
are aging and need extensive rehabilitation work in order to ensure their reliability in the event of
an emergency.
DISCUSSION
Deseription of the Project
This project will test and detennine the rehabilitation needed to increase the output of the five
City water wells. The consultant will conduct a series of tests to determine the condition of the
wells. Upon eompletion of these tests, they will design a rehabilitation plan, prepare contract
bidding oocll.Jl}eIJt~ aIJd ~olicit bids to perform the required l!lOrk The consultant will also
provide construction management services during the rehabilitation work but carmot submit a bid
in view of their involvement with the preparation of bid document~.
A Park Improvement Ordinance is not required for this work since the work to be perfonned in
the three dedicated parks (Rinconada Park, Peers Park and Boulware 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 #135451) was issued on February 18,2010, with a mandatory pre
proposal meeting held February 25, 2010, seeking consultant services for the well testing and
rehabilitation design of five existing water wells. The RFP further requires consultant services to
prepare specifications for key equipment and materials and analyze construction, operations and
maintenance costs. Additionally, the consultant is expected to provide construction management
services and assist staff with project bidding, contractor selection, construction inspection,
commissioning, start up and testing.
As part of this project, the consultant will eonduct a well testing program for the Hale,
Rinconada, Peer's Park, Fernando and Matadero wells. This project includes testing, water
quality sampling and casing inspections. The following is a list of activities that are included in
the project scope:
Well Testing: For this phase of work, the consultant will perform the following tasks:
• Conduct preliminary testing of four wells with operable pumps.
• Assess the condition of the existing well casings and screen intake structures using video
surveys.
• Install test pumps and tumporary discharge piping at five wells and perform testing to
determine output and compare original data.
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Rehabilitation Design: For this phase of work, the consultant will perform the following tasks:
• Using data received from the well testing phase, recommend individual well operating
capacities.
• Determine pressure flow capabilities at each well.
• Establish a rehabilitation plan for each site including construction staging.
• Select pumping systems for each well.
• Recommend capital improvements for each site with a scope, budget and schedule
identifying critical path items.
• Crcate short and long term operations and maintenance plallS for all five sites.
• Document all findings in a Preliminary Engineering Report.
Construction Management: The consultant will provide all construction management serviees
for the well testing and construction phase of work. 1bis includes conducting preeonstruction
and construqtion meetings, construction administration, inspection services, testing services and
processing change orders.
The deliverables will inelude:
1. A Preliminary Engineering Report
2. DeSign and As-BUIlt Drawmgs
3. Construction Bid Documents
4. A Final Report upon Project Completion
Attachment A, the Agreement, contains a complete description of the scope of serviees. In view
of the specialized nature of the services, efforts of an expert engineering hydrologist consultant
are required.
Solicitation Proeess
SUlllillary of Solicitation Proeess
Proposal Title Well Testing and Rehabilitation Design of Five (5) Existing Water]
Wells.
Proposal~umber 135451
.imposed Length of Project 4 months
~!l1~er of Proposals mailed &1 or~lllailed 36
. Total Dal's to Respon~to Proposal 26
Pre-proposal Meeting Date February 25, 2010
Number of Company Attendees at Pre-17
proposal Meeting
Number of Proposals Received: '5
Companl' Name Locaiion(City, State)
Oakland,CA ..w<r,; Corpolation
'Based on scope of work. See Cost of ServIces below.
Proposal costs ranged from $239,081 to $776,473.
Cost of Services
I Amount'
I $551,721
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
DRS Corporation team has the expertise and experience neeessary to perform the work. The
following criteria were used during the evaluation process to identify the most qualified firms,
considering qualitative factors before viewing priee proposals:
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• Quality and completeness of proposal.
• . Quality, performance and effectiveness of the work plan, demonstrated ability in design
thoroughness and design eonstructability.
• Proposer's experienee and qualifications of key staff to be assigned to the project.
• Proposer's ability to enforce design and construction schedules.
• Proposal's clarity.
• Proposer understanding of the project scope and schedule.
• Cost to the City.
AB shown in the table above, URS Corporation submitted a proposal for $551,721. The final not
to exceed budget for basic services listed in Exhibit A of the Agreement is $551,721. Staff
recommends that additional services not to exceed amount of $11 0,344 (20 percent) be added to
the contract for unforeseen eircumstances 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-I 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 wntten notice to proceed to the consultant. I he tota:! budget amount proposed f{)r this project is
$662,065, comprising $551,721 for the basic services and $110,344 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 $551,721.
RESOURCE IMPACT
The funds for this project, in the amount of $662,065, are included in the WS-08002 Emergeney
Water Supply CIP. Bonds werc sold for the financing of the Emergency Water Supply and
Storage Project on October 6, 2009 in the amount of $35,015,000, which includes this project.
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 marmer," Strategy No.7, "Implement programs that
improve the quality of the environment" and Objective No.2, "Invest in utility infrastructure to
deliver reliable service."
ENVIRONMENTAL REVIEW
The design and construction management work for this contract are part of the overall project
EIR for the Emergency Water Supply Project (SCH #2066022038), which Council certified on
March 5, 2007 as being adequate to meet the requirements of the California Environmental
Quality Act.
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ATTACHMENTS
A. Agreement with DRS Corporation DBA DRS Corporation Americas. Exhibits A through D
B. Project Location Map
PREPARED BY: JENNIFER CIOFFI, Project Engineer CJ<l-
ROMEL ANTONIO, Senior Project Enginee~
GREG SCOBY, WGW Engineerin"g Manager, '
TOMM MARSHALL, Assistant Utilities Dir
DEPARTMENT APPROVAL: ADr'st~ .. ,a---~O~"
Director of Utilities
CITY MANAGER APPROVAL:
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",' ,A', l.i t'f' }f,.' • :.' ,'. !ATIA~DMENTA
CITY 9F PALO ALTO CONTRACT NO.: CI0135451
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
UR8 CORPORATION DBA URB CORPORATION AMERICAS
FOR PROFESSIONAL SERVICES
CONSULTING SERVICES FOR WEll TESTING AND REHABILITATION DESIGN
OF FIVE EXISTING WATER WELLS
This AGREEMENT is entered into on this 3td day of May, 2010, by and between th8
CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), andURS
CORPORATION dba'URS CORPORATION AMERICAS, a Nevada cotporation, located at
1333 Broadway, Suite 800, Oakland, CA 94612 ("CONSULTANT', •.
RECITALS
The fullowing recitals are a: substantive portion of this Agreement.
A. CITY intends to assess, test and generate rehabilitation design for five existing City water
wells ~'Project" and desires tCl engage a consultant to prbvide consulting services in connection with
the Project ("Services".
B. CONSULTANT has represented that it has th8 necessary professional expertise,
qualifications, and capability, and aUrequired 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, inconsideration of the recitals, coV\\1l3llts, 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
perfotmance of all Services lIhaUbe to the fesllOnable satisfaction of CITY'.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full exec1ltion through completion of the
services in accordance with the Schedule ofPerformancc attached as Exhibit "B" unless terminated
earlier pursuant to Section 19 of this Agreement.
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Professional BerylI'M
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SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the pcrfonnance of
Services underlhis Agreement. CONSULTANT shall complete the Services within the tenn oftbis
Agreement and in accordance with the schedule slit forth in Exhlbit "B", attached to and made a part
oflhis Agreement. Any Services for which ti.mes furperfunnance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reR80nablyprompt and limelymanner
based upon the circumstances and direction communicated to the CONSULTANT. CITY's
agreement to extend thetcrm or the schedule forperfurmance shall notprecluderecovetyof dainages
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 forperfommnce of the Services described in Exhibit "A:', including both payment
fur professional services and reimbursable expenses, shall not exceed Five Hundred Fifty One
ThoUlland Seven Hundred Twenty One Dollars ($551,721). In the event Additional Services are
authorized. the total compensation for services and reimbursable expanses shall not exceed Six
Hundred Sixty Two Thousand Six.ty Five Dollars ($662,065). The app~cable rates and schedule of
payment are set out in Exhibit "C-l", entitled "HOURLYRATE SCHEDULE," wbich is attached to
and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subj eot to the provisions of
Exhibit "C". CONSULTANT shall nOt receive any compensation fur Additional Services perfonned
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 thee Project, but which is not
included within the Scope ofSeryices described in Exhibit "AU.
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 perfurmed the services, houts worked,.hoUl'lyrates, and reimbursable
expenses), based upon the CONSULTANT's billing rates (set forth in Ellhibit "C.t").lf applicable,
the invoice sl?,all also deecn'be the percentage of completion of each task. The information in
CONSULl'ANT',paymentrequestsshallbesubjecttoverificatianbyCITY. CONSULTANT shall
~nd all invoices to the City's projectllllllll1ger at the address specified in Section 13 below. The City
will generally prooee and pay invoices' within thirty (30) days of receipt.
SECTION 6. OUAUFIcAIIONSJ8TANDARD OF CARE. All of the Services shall be
pcrfurmedbyCONSULTANTorunderCONSULTANT'Bsupervision.CONSULTANTreprescp1s.
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. CONSULT ANTrepresents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insUl'ance and approvals of whatever nature that are legally required to perfonn the Services. .
A~ of the services to be ·fumished by CONSULTANT under this agreement shall meet the
profes.sioual standard and quality that prevail among profeSliionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances. .
2.
Proiessional8crvices
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SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itselfinfonned of and
in compliance with all fl:deral, state and local laws, ordinances. regulathlns, and orders that may
affect in any manner the Project or the perfonnance of the Services or those engaged to perform
, Services under this Agreement. ,CONSULTANT shall procure all permits and licenses, pay all
()hsrges and fees, and give all notices required by law in the perfonnance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissioos, Of ambiguities in the work: product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSULTANT hils prepared plans and gpecilications or other design
documents to construct the Project, CONSULT AlS"T shall be obligated to cOlTect 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, Iethis Agreement pertains to the design of II public works
project, CONSULTANT ahall submit estimates of probable coostroction costs at each phase of
gnsu 0, II. onoos II anysu e
of the CITY's statedoonstructionbudget, CONSULTANT shaJlmakereoommendations 10 the CITY
for aligning the PROJECT design with the budget, incorporate CITY approved recommendations,
, and revise the design 10 meet the Project budget, at no additional cost 10 CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Ser'Vices under this Agreement CONSULTANT. llnd any person employed by or contracted with '
CONSULTANT to finnish labor and/or materials under this Agreement, :shall act as and be an
independent cOntractor and not an agent Of amployee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT arematerial considerations for this Agreement. CONSULTANTahallnotassignor
traitsfl:r anyinterest in this A,greement nor the perfo!lllllllCe of any of CONSULTANT's obligations
h_underwithout the prior written consent of the city manager. Consent to one sssignmentwill not
be deemed to be consent 10 any subsequent assignment. Any assignment made witl).out the approval
of the city'manager will be void.
SECUQNll. SUBCONTRACTING •
. Notwithatanding Section 11 shove, CITY agrees that subconsoltants may be used to complete the
Services. The IiUbconsuitants authorized by CITY to perform work on this Project are:
Maggiora Brothers, Drilling, Inc. .
CONSULTANT shall be regponsiple fur directing the work of any subconsultants and for any
compeosation 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.
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Profossional Services
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SECTION 13. PROjECT MANAGEMENT. CONSULTANT will assign Craig Smith 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
circwnslances cause the substitution of the project director, project coordinator, or any other key
personnel for any reason, the applJintment of II substitute proj eet director and the assignment of any
key new orreplacemem persormel wilIbe subject to thepriorwritten approval of the CITY's project
mililager. CONSULTANT, at CITY's request, shall promptlyremovepetsonnel who CITY finds do
not perform the Services in an acceptable manner, are uncooperative, or present a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property.
The City's project manager is Romel Antonio, Utilities Department, Bngineering Division. 1005
Elwell Court, Palo Alto, CA 94303, Telephone (650}566-45l8. 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 ftom time to time.
SECTION 14. OWNERSHIP OF MAIEWMS. Upon delivery, all work prodnct, including . .. .
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other materials and copyright intarests developed under this Agreement shall be and te¢.ain the
exclusive property of CITY without restriction or limitati<;m upon their use. CONSULT ANT agrees
that all copyrights which arise from creation of the wolk pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights infavor of the CITY. Neither CONSULTANT nodts contractors, ifany, shall make
any of such materials available to any individual or organization without theprior written approval of
the City Mansger or designee. CONSULTANT makes no representation of the suitability of the
. woIk product for use in or application to circumstances not contemplated by the scope of work.
SECTION IS. AUDITS. COl\'SULT ANT will permitCITY to audit, at anyreasonabletinte during
the term of this Agreement and for.three (3) years thereafter, CONSULTANT'sreoordspertaininsto .
matters oovered by this Agreement. CONSULTANT further agrees to maintain and Iiltain 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 protoct,' .
, indemnify. defend and hold harmless CITY, its Council members, officers,employees and agents
(each an ''Indemnifiea Party") fiom and against any and all demands, claims, or liability of any
nature, including death or injury to anyperson, property damage or any other loss, including all costs
. and expenses ofwbatevernature including attorneys fees, experts fees, court costs and disbursemeots
("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 ofwbether or not it is caused in part by an fudemnified Party ..
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
1equire CONSULTANT to ind6lIlllify an fudemnified Party from Claims arising from the active
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negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3 .. The acceptance of CONSULTANT's services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. W AIYERS. 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; win not
be deemed to be a waiver of any other tenn, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any otherteniJ, 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 telID of this Agreement, the insurance coverage described in Exhibit "D'~.
CONSULTANT and its contractors, if any, shan obtain a policy endorsement naming CITY as an
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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 perfolID Services under this Agreement win obtain and maintain, infull 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 subjectto the approval of CITY's Risk
Manager and will contain iIn 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 eIisuring that current certificates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire term of this Agreeinent.
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. Notwithstending 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 mariager 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 priorwritten notice
,. Proteaaional Services
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1 thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance oithe Services.
19.2. CONSULTANT may terminate tbis Agreement orsuspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event ofa
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, computaticms, and other
. data, Whether or not completed, prepared by CONSULTANT or its contractors, ifanY,or given to
CONSULTANT or its contractors, ifany, in connection with tbis 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 mllterials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days ilfter giving notice) of suspension or termination; provided,
however, if this Agreement.is suspended or terminated on accoWlt ofadcfault by CONSULTANT, . . "
Services which are of dir.ect and immediate benefit to CITY lIS such determination may be made by
the City Manager acting in the reasonable exercise ofhislher discretion
19.5. No payment, partial payment, acceptance, or partial acceptanCe byCITY wilI
operate as a waiver on the part of ciTy 'of any of its rights under this Agreement.
SECTION 20. NOTICES.
AU notices· hereWlder will bc 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 Man~ger
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In acccpting this Agreement, CONSULT ANT covenants that it presentJyhas
no interest, and will not acquire any interest, direct or indirect, fmancial 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,
. Professional Services
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it will not employ subconsultants, contractorS, or persons having such an interest CONSULTANT
certifies that no person who has or will have any fmancial 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, lithe Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations ofthe Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section.
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo ALto Municipal Code relatilig to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.36.516 pertaining to lMtdisclimhtm:ioIl iIi blIlpioynxeut.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING. CONSULTANT shall
comply with the City's Environmentally Preferreci Purchasing policies which are available at the
city's Purchasing Department which are incorporated by reference and may be amended fromtime to
time. . .
SECTION 24. NON·APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without anypenalty{ a)
at the end of any fiscal year in the event that funds are not approPriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This Section 24.8 shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
24.2. The individuals executing this Agreernentrepresent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws ofthe State of California.
2S.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 CalifoI'nia in the County of Santa Clara, State .of
California.
7
Professional Services
Rev. De~m'oer 1. 2009
\\Cc-terra\sl'lered\ASO\PURCH\SOUCITA TIONS\cuRRENT BUYER-eM FOLDERS\UT1LfTIBS .. CAROLVNN\RFPs\13545\ Well Testing for
Five Water Wel1s\FJNALCONTRAC1\Final Conlractdoc
25.3. The prevailing party in my action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. ']he prevailing party shall be entitled to recover m amount equal to the flUr market value of
legal services provided by attorneys employed by it as well as any attomeys' fees paid to third
parties. -" '
25.4. This document represents the entire and integrated agreement between the
parties end supersedes all prior negotiations, repre$Clltations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, ronditions and provisions ofthlsAgreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, md consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that my provision of this,
Agreement or any amendment thereto is void or unenforeeable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhihits referred to in this Agreement and any addenda, appendices.
, attachments. md 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 he
deemed to he il part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City share.!! with
CONSULTANT personal information as defined in Califumia CiVil Codesection 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 Infonnation. CONSULTANT shall not use Personal Infu:tmation for direct nuuteting ,
purposes without City's express written,consent.
25.9 All unchecked boxes do not apply to this agreement.
/I
II
II
/I
II
II
8
Pro:t'tssiona! Services
Rev. December 1.2009
\\Q;-.\Sh".dlASD\l'I.JRCH\SOl.lCITATJONSICUR.RBNT BDYIlR-CM POJ.DIlRSIUTJUTIF.8 'CAROLYNNIRF~'113S'Sl Well Teo"ng fo,
FIve W .... Wen,\PINALCONTRACTlPinru Conlnct.doe
IN WITNESS WHEREOF, the parties hereto bave by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO vas CORPORATION dbil URS
CORPORATION AMERICAS
City Manager B~ ______________ ___
Nrune: __________________ _
APPROVED AS TO FORM:
Title: ________ _
Deputy CitY Attorney
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "e":
EXHlBIT "C=1":
EXHIBIT "D":
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
. COMPENSATION
SCHED'(JLE OF RATES
INSURANCE REQUIREMENTS
9
Professional S6Mces
Rev. Dteemba I. 2009
IIC,""""""", .. dIASJ)Il>I.1RCJ1\SOUCITA TIONSICUlUU!NT ]iUVER-CM FOLDIlRSIUT1LlTll1S -CAROLVNN\RPP,1135451 Wen T.l1Ing for
Flv¢ Water W",lk\FINAL CON'J'AACT\Ftnal CootfilCtdoo
SCOPB OF WORK EXHlBlTA
General Project Description
The Consultant dudl conduct a well testing program for the HlIl<!., Rinconada, Peer'. parr., Fernando
and Matadero Wen. that ,include. testing, water quality sampting and casing lnSpccti01lS. Test
pll!lI1l1eteJ:S include /low rates, discharge pressures, sand content and water level .ounding. All t>lst
water shall be discharged to the City storm drain 0< .. nearby creek and .hall b. in cOmpliance with
State wale! quality standuds.In otder to eliminate Itt!y ."rcimging of the existing storm deain
system, all pumping shall be conducted on dry daY", in .""ordonce with the Palo Alto Stoun Water
P"lIutlon Prevention Phm.
Once well te.ting is complete, design s new pumping system. fu: each site. n. psmmeteJ:sinclude
exilIting well operating cspaci~s and head-capaclty requirements for new pumps.
Task 1 -Project Management
.' 1. r ,'nvolclng
.. The monthly invoice shall be itemized by task, by employeel classification hours worked and
te.imbursable expens .. by type of expense. SuhcontJ:actor costs shall be similarly ite!nized by
tuk, and the. s~ontractot. invoice (with supporting documentation) shall be attached to the
b. Progress Report; A10ngwith its monthly billing, the consull2.nt shall provide a swrimary of the
work ~pleted, and tnilestone accomplishments atlllined, during the corresponding billing
period.
7.2 Project Schedule
Prepare and submit with the monthly invoice:
... Work Breakdown Structure (WBS) chart identifying the required tasks and deliverables for the
Projec~
b. A Propn Evaluation and Review 1'ecImique (PER'!') mart 8meduling logic, sequences, and
duration of the tam and deliverables includingidentifyfugthe critical path of the schedule,
c. A c.ntt chartinMS Ptoject:tepJ:e,enting the duration of the Project ~.ks, deliverable. and
milestones .gainst the progression of thee and identifying crit:icel path tam.
Task'2 -Well Testi~g and Rehabilitation Design
2. J Wen T.sting Services
All well testing services shall be conducted dl:et April 15,2010. The Consultant shall provide ill
serv,ices to: .
a. Seeute all 'Pplicable permits to conduct well testing activities (see' assumptions below).
b. Conduct preliminuy te.ting of four wells (i.e. those with operable pumps). Check well specific
""l"'cil>' and identify any conditions that would prevent further testing. ,
Co Remove existing wen pumps and conduct detalled (vetticai and horizontal) video and diteciionl11
sUl."Ve}" to ... ses. slrUCt\lnllintegriry, plnmbness and oligoment of existing w.n..
d. Install test pumps capable of achieving 125 pe.t:cent of target £low ratea from, City's 1999 wale!
system study (pumping at 125 percent will ensure that the well will per£o.rm retiablyay
lOOpercent levelS).
e. If desired by the City, disinfect ~d teintltoll otiginel pumps and retum well to standby service.
A-l
\.
SCOPE OF WORK EXHlBl'l' A
£ Docwnent findins. of video and" dir""tloruU surveys, evolnotiona and preferred .ttemati<re. in •
P..tdiminary Engineering Report. .
2.2 Rehabilitation Design Services
•. Ittwpret.n data and field observation. to quantify the current condition and maximum ... ted
capacity of each well.
l>. Rocommend individual well op~rating capacitie •.
c. Determine head-capacity requlreinents fot new pumps op~atlng at .peciflC capacities.
d. Prioritize and rank rehabilitatlnn efforts for each well site.
e. Design new pumping systems for each wdl, satisfying the 1999 atudy by Carollo Engineers as •
hWs of design. . . .
£ Recommend Capital Im~ent. with .cope and hudset.
g. Prepare. Preliminary Engineering Report (Basis ofDesJgn)
The Preliminary Engineering Report ,ball document
1) the detailed procedures ""ed in Wen testing,
2) findings 1I.!ld evaluations of video IUld direction" 1i\l.tVeys, .
3) operation· and maintenance considerations •.
4) impacts to storm dtaln system during testiog._
5) =ommendationa and preferfed .tt_.tives,
6) rea.ons £or selecting the prefetted a1tc.mative.
7) the costs of .ltemati<re, and preferred altem.tives,
8) ilnpaets of consttuction to Utilities Operati0ll6 and to the neighboring area,
9) a li.t of the _lor materiols .nd equipment to be specified .nd
10) .n stakeholder and City engineering/operations feedback.
A·2
J
1
1
SCOPE OF WORK EXHIBIT A
The consultant shall not substantially advance the design into the 65% design phase until the
Preliminary Engineering Report has been accepted by the.City.
2.3 Design Plans and Specifications
Following the City's acceptance of the Preliminary Engineering Report, prepare plan. and
specifications at about the 65')'" 90% and 100% stages of rehabilitation design. For each submittal
provide 10 hard copy set, of the plan. and specifications for review and comments by City 8taff.
2.4 Bld Documents
Provide 50 hsrdcopy sets of the bid package. Also provide electronic copies of the plans and
specifications in AutoCAD, MS Word and PDF fottTIar. .
:~jil.i~il~~!Il!j);i,I::~~'I.!i~~;~i~!(,~l~(i.~~is.Wlif~~!f1!;g~;~!~g~!;ijQ~fi~@'l!'i!til~flj~~~iii'Ji>j~i3g~C\
2.5 Bid and Contract Award Services for'blclding and award
Bid and Contract Award Services for bidding and award will include:
I! Assist the City's Purchasing Division in preparation and di,tribution of addenda.
I! Assist the City's Purcbasing Division for the printing and mailing of bid documents and addenda.
I! Bid analysis and recommendatioo for award.
Ii Miscellaneous items which would be typical during bidding and! or award.
I! Prepare. construction set of plans and specificatioosincorporating the addenda. Provide 20 sets.
2.6 Meeting and Coordination During the Testing Phase
For all meetings with the City, the consultant ,hall establish the meeting sgenda iit advance, in
addition to preparing and distributing meeting minutes. .
a. Project Kickoff Meeting
This will be the first formal meeting with City staff, not llinited to Utilities Engineering and
Operations, Open Space, Public Work$ and .ny other identified stakeholder(s) .. The meeting agenda
should be prepared and distributed at least 2 daya before the kickoff meeting. The consultant shall
distribute the work plan and a baseline project schedule via email format before and hatdcopies
during the meeting.
b. Regulat project review meetings with engineering staff.
A-3
SCOPE OF WORK EXHJBITA
The Consultant and City smff will meet xogaJarIy during ~ on an as-needed basis, gencnlly
wety two weeks and no Ie., ftequentJy man monthly, to discus. project progre.s (from an updated
schedule). project issues, needs and new developments, upcotni.og activities, and open and new·
action items. For the proposal, aUUI1!e meetings will be hi-weekly. On.,ite project meetings ate
pre£etted, but, at the City'. discretion, the consultant may teleconrerence in to the meeting.
c. RevIew of Draft Preliminary Design Repon
80M aft." llUbmitting the draft PreUml.nary Deslgtt Report, the Consultant .ball meet with City
Bllgineering and Opemtiol1s .mff to review findings.
Task 3 -Construction Management and Support
3. J "reconstructlon Conference
The Consultant's Project Manager and Construction Mansger/Resident Bllgineer shall attend •
PrecMstruetion COllf .. ence with the Contractor and City .taff. The Consultant .hall prepare the
meeting ogenda, conduct the meeting and submit meeting minutes to allattendeeo and the City
within 7 calendar days of the meeting.
Pumish general administrllWe s.me .. 1<> provide for ~ execution of work and retrieval of
infttttnation. This Jnclud .. eoot:dlnating all reqnired permits associated with )VeIl testing and
construction .ctiviti ... Such servic .. shall include the following:
a. Co.tttractor'. Payment Requests.
i. Evaluate monthly progress payment requests from the Contractor and recommend payment.
ii, Provide a brief written s1.lIllmlIl)' of the budget status t.I:IIIUmitting the ContractOl:'. monthly
Payment Request to the City, The transmittal sbeet shaH tabulate current and cumulative
amounts expended and or =wJning and the petcentllge of Ibe overall budget expended.
b. Review""'" approve the Contractor's testing and eonsttuctinn schedule, .ite mobilizatintl pions,
tta£lic control plan., storm discharge plans, updates and revl$lons in accordance with the
cotttnel doewnents.
c. Correspondence and File Maintenance.
i. Review and route project cottespondence futn.lllhed by the Cul)tt1ICtol.
iL Maintain Project Records: Maintsin files of project <.coro. including daily log., inspection
reports, photo. and videos, measurement of quantities, schedules, oorreapondence and
docutnentatloil of all major decisiomo and actions. Logs, inspection reporto and other item.
should be in hardcopy and electronic f!le&.
d. Ptep<tte Monthly Reports: Prepare and submit 10 the cm a monthly progress report including
testing atld COllStruction progres. s1llll!ll!l1Y and .chedule; testing ""d consteuction c .. h flow and
payments; and ,,,mtImy logs for RFl' •.
, ",",
3.3 . FIeld ServIces
•. ConSultant/City Review Meeting:
A-4
SCOPE OF WORK EXHIBlTA
On • weekly buill, before the Progress Meeting Ii>r thatweel,. meet wlth Cily project stoff In Wlllk
the well sites .nd discu •• the progress meeting agenda and tes!ing/ romtructionlssue" so that the
Consultant.nd City staff is fully prepa<ed for the progte.'l, meeting with a cOllllnOO tItIw.tanding of
the ism"". Upon City teque.~ the Consultant design staff from the various discipline. will be
expected to attend the Consultant/City and Progress Meetings on an as needed basis In .. sist in
resolving wdl resting IUld cO!lAttuctinn problema!issues and/o< ooiniorm c1ty project staff as to
tecl>nical consldecations. potential long term impacts and/o< possible ai_ii""" t",weIl testiog.nd
conatruction problems and/or j"ues. ' , .
Ii Progress Meetiogs
The CO!\.ultllllt'. ConstrUction Mansger/Res.ident Engineer shall schedule .nd tUn weekly Progt'O"'
Meetiogs at the job site with the Contractor and City.tal'£, The weekly meetiogs will "."newwdl
testing and construction p~ and wdl testing and construction activities. and discuss Md/ Of
resolve wdl !e$tiog and con.tttiction questions and issues.
3.4 Inspection
The Consultont shall provide wcll testing inspection to monitor the Conttector's wark fot
compliance with the conlIatt documenu.
a. Video Documentatlon. Prepare video and directional sruveys to ....... truetu.tal integrity,
plumbne., and alignment of existing wclIs prior to COIlllIlencement of testing activities. Visual
dOCtllIlentation .hall be accompanied by vetbal tflcorded description of existing condition ..
b. FJeld Changes. Caordinate and document alilield changes to the Drawings and Spectticatiol\8.
Co Specialty Ittspections. Coordinate specialty inspection services such as structuW. geotechnical,
mechanical. 'e1ectrical.nd instrumentation experts,.s needed.
d. Inspe_lion Reporta. Prepare Dally Wl1ection Reports and prepare. summary Weekly IllIIpection
RepOLt. The ConS!IUction Manager/Resident Engineer shall review the weekly repo~1lI prior to
distribution to the City.
f. Petmlts. Monitor ConttaetOt eotnpliance with well testing l1Ild consttuetion permits.
Recommend course of action to Gily if the pennit "requirements ate not being met by the
Conttactot.
£ QA/QC Plan: Inspect, Inollitor. and document the activities of contractors, sllbcoottactots and
suppliers to ens_ complianoe with the requirement. of the conttact documents. Prepare a
weekly QA/ QC report fOt distribution to the City.
3.5 Testing
.' The Consu!=t's wpectot .han b. Pfesent fOt all wen resting performed by the C'>!lttactor
and/or the MlIliUfacturer.
b. The Consultant's Inspector shall be present at all equipment and materi.l testing performed by
the ConttactOl:' and/or the MBnufaetoret.
If<J1ii':tbiis,liltartt " i!ihan "/.1~ba, 'ifII11!!'ii:Kil~i$J~ l<,l" iI'ItIrWf.iiletuifilii Gi'Jt4,~b?aItf!iI!e9tor IV/tltfig"sIIi'J" :~(f,~)pumjisr ",,::,;~:'tikr:!f:".::': ,,,:',"" .::. ",::" "/ ,i'::" ." :,/ ..
A-5
· ,
~--------...... ,,--,,--
SCOPE OF won EXHIBIT A
3.6 Review of Contractor', $ubmlftal,
Review shop drawings, product mta, quality control, factoJ:y testing and manufacturer's O&:M
manualsubmittols to verify confotmance with the intent 0.£ the conmet documents. Sublnittal. ,hall
be roview>!d and morked.up with approp""",,, CODllll<nts. Provide one hatdtopy of the reviewed
submittal with the Contractot's documentation, and an electronic copy of the ColISullllnt's ."blnittol
review comment.. '
'3.7 Requests For Information
Respond to Conttsctor',' Requestl for Information (RFI'.). RFI's shall be teceiV'ed by and mclted
through the CM field offiee.,lbe Con.uitllnt Project Managel: at his dealgn team tepresentative ,hall
i • .,.., interpretations ... d clarl£icatioos of the contw:t documents and prepare sketches to clarify
conttact documents where neces,"'Y' '
3.8 Change Order Requests
<;:honp lD the Contract requested by the Cootrsetat .hall be scteened to determine the validity of
the .request If aptelimlnu;-determination is made that the tequest is worthy of furtb.er .review, the
Conaultant'. Const!:uction Manager/ReSident Enginee •• hall issne a foanal Request fur Proposal
3,9 Change Orders
a. 'the Consultant'. CO!I.8ttuction Matlg«/Resident Engin"'" (CM/RE) shllll «celve'the Proposed
Change Order (FCG) from the C"nmctor and shall evaluate the PCO for impact on design.
consttuction methods and a<tinti .. , """t, schedule .nd environmental and public concems. The
Construction Manager will n"ll"tiate with the Contnetot the cost and time extension of the '
, Contraot ... oelated with the change order, and shallllll\ke a recommendstiol1 in writing In the
City for .. cepMce or denial A «cOIIUT,Iendsti"" to .pprove the change order .hall be
ttanslnitted to the City whlch documenlll the .<:ope additional or deleted work, the Conaultlltlt'.
estimate of oost impact and all oth .. impacts of the change, and containing ajmtitiClltion for the
change. The transmittolletter shall be included with au original copy of all the PCO
documentation from the Conteactru:.
b. Where PeO requite. <edeslgn, the Consultant's design staff' ,hllll prepU.. change order
, "pecifkstio!lll, dtowings and/ot sketches, along with an estimate of additional cos\$.
e. Any field chlUlgOll for which • clwlge o!d .. ill no~ issued will be checked by Consti'Uction
Mallager fO£genetal compliance with the intent of the design.
3. fO ' Flna' Tealing and Stadup
a. The Con.Wcllen Manager/Resident Engiruler .hall prov:ide swtup a .. istance lIttd cootdinate
any specified vendor tealning.
b. Operations and Maintenance M,u,ual, Prepaee an opendons and maintenance manual for the
new equipment cO"SltUcted under thi. ptoject based on assessment in PBR.. The organization,
format and layout of the Manual.hllll becoordlno.tf,d with the City. .
c. Provide process operation ttalnlng during startup. This ttalnlng do ... not replace the indindual
equipment manufuctutet ttslning promed by the Contw:tot:
'TfP~~,,~li(ttil?t I$l!!l~ Prp,*,fiI~tjliM..1q,P~lr;J lM~ l$'8iM'Mli.niJlf!/ltiM'If¥qf~1illif;'{jllls., ,:
A-6
SCOPE OF WO'RK EXHIBIT A
3. J 1 Construction ProJect Closeout
., Project Completion, The Construction Manager/Resident Eogineer shall schedule lttId conduct
. project completion inspections,lssue punch lists, IUld teOOmmelld final acceptance by the City,
The Consullllnt Project MlUlllger and tequired discipline ""pers shall be ptesent dw;iag the
, final project "Wi!Ik-thtough" inspectiona with the C.omttoctiun Manager/Resident Engineer IUld
the City,
b, Final Repott. The ColllKlltant .hall prepare a Final Report that include.: Summaty of the work
performed including change Oldets, project cost lttId schedule anolysis, closeout and """"Ptance
documentotJon, IttId final resoluilott of any ~ or disputed worl!:,
c. , Provide a complete set of all records or the' project; lndOltCd and properly filed, and • listing of
warwtde. ptqVided under the project including the itemB covered aod the WlW:at1ty duratiun.
Task 4 -Additional Services
A-7
. .
,
SCHBDULE OF PERFORMANCE EXHlBITB
tJlUl has developed a tentati~e work schedule based "l"'" the time co;"tWnti expressed by lbe City.
Both a schedule of project tam, IUbmitllllS and mileBtcne. IIle presented with this Scope ofWou:
for Profe.sional Service".AlI changes to the schedule and mil.atones or submitllll dat~ aboll be '
approved by the City before proceeding uru:ler the updated schedule. URS sholl provide the City
, with an upd.ted schedule after any major change ""curs. Refer tc Exhibit A for • deWled msk
description.
Table 1: Project Work Schedule (Design and CQt\e1i:llCtion)
TaakName Dumtion , S_ End
Task 1: Project Management 242 days S/B/IO 4/15/11
Notice to Ptoceed o days 5/13/10 ' 5/15111) "
Kickoff Meeting Od.ys 5/14/10 5/14/10
Task 2: Well Testing and Rehabilitation Design 120d.ys 5/17/10 10/29/10 I
2.1, Well Testing S~.s
:
35 days 5/17/10 7/2/10 .
. Draft Pteliminary Engmeering Repo.tt Que .. o days 7/2/10 7/2/10
2.2 -Rehabilitation Design S~es 20 days 7/5/10 7/50/10
Filla! P.reJimin1lfy Engmeeting Report Due . () days 7/30/10 7/30/10
R.FP & ProCUfemart Schedule Due o days 7/30/10 7/30/10
2.3 -Design Plans abd Specifications 45 days 8/2/10 10/1/10 ! .
65% Design SubmitW 15 days 8/2/10 8/20/10
, 90% Deaign Submittlll 15 day. 8/23/10 9/10/10 .
100% Design Submittal 10 days 9/13/10 9/24/10
Filla! Design Submittal 5 days 9/2:7/10 10/1/10 ,
2.4, PJX>Vid. Bid Document!! 5 days 10/4/10 .. 10/8/10
2.5: Bid Period 15 daya 10/11/10 1 10/29/10 ,
Task 3, Construction Management and Support 120 doys 11/1/10 4/15/11 ,
CouncllAward for Constructian () days 11/1/10 11/1/10
COtlStructien Period 90daya 11/1/10 3/4/11 . !
Project Completion & Closeout 30 days i ~/7/11 . 4/15/11 ! .
B-1
EXHIBIT "C"
COMPENSATION
The CITY agre~s to compensate the CONSULT ANT 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-l 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
$551,721. 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 $662,065. 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 $551,721 and the total
compensation for Additional Services does not exceed $110,344.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task I -Project Management $9,108
Task 2 -Well Testing and $239,668
Rehabilitation Design
Task 3 -Construction $154,045
Management & Support
Sub-total Basic Services $402,821
Reimbursable Expenses $148,900
Total Basic Services and Reimbursable expenses $551,721
Additional Services (Not to Exceed) $110,344
Maximum Total Compensation $662,065
ProfcBsional ServIces
R.ev. December 1,2009
lic,·_Ioh.....tIASDIPURCHlSOLlCITATlONSICURl!BNT BUYBR.(!M ~OLDERSIUTILIT!ES· CAROLYNNIRFP,\1J54S1 Well T,,;ngior
Five Water Wells\FINALCONTRACNinal Contract,doc
,
.. I
I
REIMBURSABLE ExPENS'S
The administrative, oveJhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insw:ance and other ordinary business expenses are ineluded
within the scope of payment fur services and are not reimburse.ble expenses. CITY shall
reimburse CONSULTANT for the fullowing reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbUl'lled are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actua1 cost subject to the CityofPalo Alto's policy furreimbursement of travel
and meal expenses fur City of Palo Alto emplOyees.
B. Long distance telephone cellular phone, facsimile transmission and postage charges are
reimbursable at actual cost.
AU requests for payment of expenses shall be acoompanied by appropriate backup infonnation.
Any expenaeanticipnted to be more than $250.00 sball be approved in advance by the CITY's
ptoject DI&nagm.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services onIyby advanced, Written authorization
from the CITY. The CONSULTANT, at the CITY's project nuuuiger'srequeSt, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT's proposed maximum compensation, ineluding reimbursable
exPense, for such services based on the fates set forth in Exhibit Col. The additional services
scope, schedule and maximum compensation shall he negotiated and agreed to in writing by
the CITY's project menagor and CONSULTANT prior to commencement of the services •.
Payment for additional services is subject to all requirements and,restrictions in this
Agreement .
PrW&iOIu.tl Sorvices
Rev. Ilccember 1.2009
\\Cc·,,,,,,\Sh.,,.dIASDIPURCHISOUCITATIONSlCUIlJUlNT BUYBR-CM FOLDf!RSIlTl'ILITIBS • CAROL YNNIRFP.1135451 Well Tes';ng for
Five Water WolJ.\PINAL CONTRA,Cl\f'i'inal Con.,.aot.doc
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SCHEDULE OF COMPENSATION EXHIBITC
DRS has proWled below all estimated <o.t for the project, with. a summari2ed vetsion, dissected intt,
tasks and subtasks. A detailed desctiption of the Tasks call be found in Exhlhit A. DRS ha. included
both total cost foi item. discussed in the RFP provided by tbe City and total cost for items di.<ussed
in the RFP as well as additional services DRS will be pleased to provlde.
Table 2: Summacized Project COft S.lim.te
TASKNAMB Staff HoUflJ ODO; Total Cost
Tuk I-Project MlUUlg<!tnent
Task 1.1 -Invoicing 32 $3,645
T .. k ,1.2 -Project Schedule 48 '$5,463
SubtotatTukl SO $9.t08
T"sk2 -WeD Testing and Rehabilitation Design
TlI&k 2,1-Well TeoringServk:ee 456 $131,000 , $1&6,348
T .. k 2.2 -Rehabilitation Design Se.rvic .. 398 $1,000 , $49,424
••• ~ ~~ -~~'19" • 'AA~ M'U , 'u~ ~J,VVV ~'V' ."~
Task 2,4 -Provide Bid Document. 24 $5,000 $7,711
Task 2.5 • Bid Period Services 114 $4,000 $19,602
Task 2.6 -Meetings & Coordination During 136 $1,200 $17,368 Teatlng
Subtotal Task 2 2030 $145,200 $384,868
Task S -Constmclion Management & Support
T •• !t 3.1-P:econstruction ('..onference 18 $100 $2,868
, Task 3..2 -Construcu01l A~.tt.tion 270 $34,416
Task 3..3 -Field Se.rvices 256 $1,600 $38,224
Ta,k 3.4 -Inspection 266 'i2,OO() $33,625
T ... ,k 3.5 -Testing 20 $2,119
, Task 3.6 -Review Submittals 12 $1,853
Taik3.7 Requests for IIlfotrustion 12 $1,853
Task 3.8 -Change O!der Requests 12 $2,064-
Task 3.9 -(Junge Ol'ders 78 $9,848
T •• kS.10 Fi".1 Testing and Startup $14.607
T.sk 3.11 eonst.;,ction Project Ooseout 1~, $16.268
Subtotal Task 3 U77 $3,700 $157,745
Project Total 3281 $148,900 $551,721
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SCHEDULB OF COMPENSATION EXHIBITC
The CITY ogte"" to compensate the CONSULTANT fel plofesai""al semces petlOrmed in
accordance with the terms and conditinns of the .Agreement, and as Get £Om itt the budget schedule
below. Compensation Bh.n be calculated based on the hourly tote schedule attached liS Exhlblt C-t
. up to the not In exceed budget lUOOtUIt for each task set furth below.
The compensation to be paid to CONSULTANT under this Agreement for .n setVice. descn'bed in
Exhibit "An ("Basic Semce") and reimbursable expetlSell .h.n not ex:cced $551,721-
CONSULTANT ogte'" td complete .n Basic Semces, including reimbursable expenses, with.in this
Amount. Any work petfotmed or expens .. lncurted. for which papnentwoWd mult in a total
exceeding the tnllximum amount of cotnpensalioo set forth heJ:eln .h.n be athO ea.t to the CITY.
. CONSULTANT Bh.n perform the tssb Il1Id ca~ of worlt lIS outlined sed budgeted below. The
Cr(Y's Project manager msy approve in writing the ttansferofbudget lIlI\OU11ts be~ l111yof the
. IUD <1% categories listed below provided th~ totsl ccmpen.ation for BASIC Setvices, including
reimb ..... ble expenses, does not exceed $,551,721. .
Budget Scltedn!e
Task 1 -Project Managem.c:.nt
Taak2 -Well Testing and Rehabilitl\tion Design.
T •• k 2 -Subcontractor and ODC.
Task 3 -Construction Man~metlt & Support
Task3-0DC.
Project Total
Other Direct Coat. (ODes) Detl!il
TlI8k
Task 2.1· Well Testing S.mces
Task 2.2· Rehabllitation Design Semees
T.sk 2.3 -Design Plans and Specification.
NotL> BxceedAmount
Cost
$131,000
$1,000
$3,000
$9,lOS
$2~9,668
$145,200
$154,045
$'3,700·
$551,721
Description
Subconttactot: Maggiom
Printing -Final Eng. Report
Printing-Plans and
Specification.
, Task 2.4 • Provide Bid DO<WneIltll $5,000 Printing-Plans and
Specification.
Task 2.5 • Bid Period SeMoes $4,000 Printiog -Addenda
T ... k 2.6 -Meetinga &: Coordination Durlng Testing $1,200 Travel
Subtotal-T .... k 2 ODe. $14S,200 !
Task 3.1 -F:ecolll!ttuotion Conference $100 Travel
T ... k 3.3 -Field S_ke. $1,600 Travel
Task 3.4-lnspection $2,000 Tmvel
I Subtotal-Ta.k3 One. $3,700
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EXHIBIT "C-1"
URS
2010 SCHEDULE OF FEES AND CHARGES
CITY OF PALO ALTO-RFP 135451
, TIle following describes tile basis for compensation for sarvice
performed from January 1, 2010 to December 31, 2010.
This Schedule ofPe,e. and ClmIges will be adjusted
annually on January 1 of each subsequent year to
reflect merit and economic sa1ary increases, and
changes in !he expected level8lld mode of operations
for !he new year: The new Schedule of Fees and
Charges will apply to existing and new allSignmenls.
PERSONNEL CHARGES
The charge for all time required in the performance of
the Scope of SerVice, includi:ng office and travel time,
will be at the Unit Price HourlY rates set forth below
for the labor classifioations i . cated.
Labor ClasalflC@tlon
PrincJpai-in-Charge
Project Manager '
QA/QO .
HydrogeoiogJste
Design Engineer
ConstruotJon Manager '
'Hydraulic Engineer
GeoI8chnlcaJ Engineer
EIec1rloal Engineer
CiviJ engineer
Co&! Eatlmator
staff engineer
Safety MOB
CAD Designer
Project AdmlnJstrator
Editor '
CADD Drafting ,
Project Support
Hourly Rate
$223
$170
$161
$134
, $170
$209
$135
$125
$168
$181
$148
$101
$96
$101
$84
$83
$67
$55
Cbarges for laboratoxy services and testing equipment
, will be charged at stllnda:rd usage rates.. Rate
schedules are available lipan request.
, .
SUBCONSULTANTS AND OTHER PROJECT
COSTS
The adminislrative and II!IIrlrup cost ofprocesslng
subeonsultant invoices incurred by URS on the
~ect will be charged at cost plus 10%;
nun1S VI'
other direct ooats (ODCs) toyoices inc\llTed by URS '
on the ~eotwill beoharged at cost.
Document Reproduction
In-houso reproduction of Jetter·sized pages will be
cbarjled 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.) lllled on
prQject _ignmenls will be cllllrged at $75.00 per
day. The mileage charge for personal autos'will be the
then current mileage rate established by '!he Internal
Revenue Service.
This fee schedule oontalns confidential URI business Iniormatlon and Is not to be '
copied or distributed for any purpose other than the use intended in this contnlct
or proposal. '
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EXHlmT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO TIlE CITY OF PAlO ALTO (CITY), AT nmIRSOLE EXPENSll,SHALLFOll TIlE TBllMOFTHEmNTAACTOIIT AIN
AND MAINTAlNlNlIURANCI!INTHEAMOUNTS POll TllECOVERAGRSPECIFffiO IlllLOW,AFIlORDEDBY COMl'ANmS wrm AM
BEST'S KEY RATING OF A.oVII; OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE B1J5INESS IN TilE
STATE OFCALlFORNIA,
AWIUID IS CONTIN<lIlNT ON COMP!JANCll WITH CITY'S lI;'SURANCE REQUlRI!Ml!mS, AS SPBCIFlED BELOW:
REQUIRED
MIIIIMlllI LIMITS I 'l'Yl'S or co""'""'" !!EQUlREIIEN'l' EACH
OCC!1l\l\ENCB AGGREGATE
, lIE. WORKI!I\'II mMl'!lNllATION STATUTORY l yzs EMPLOYER'S IJAlIlUI'Y STATUTORY
I YES
BOPIL Y IN1O!lY $l~OOO~OOO Sl,Ooo,OOO
OBNERAL !JAIIILFlY,INCLUDJNO
PERSONAL INJURY,BROAD FOR."'I PROpmTYDAMAOB SI,ooo,600 $1,000,000
PROFERTY DAMAGB IllANl(JJT
CONTRACTUAL, AND PIRB!.BGAL , BODILYINJlJlty oltPROPBltTYPAMAOE $1,000,000 $I,QOO,OOO
LlABlLlTY : COMBINIlD.
BODILYINIURY 51.000,000 Sl,ooo,OOO . I!AClf PBRSON $l~OOO,OO!) 51.000.000
YliIS
. I!AClf OCCl}.RRENCll $1,000,000 $1,000,000
AIL OWNIID, HIRlID, NON.QWNED PROPERTY Di\l.W3B $1,000,000 $1,000,000
BOIllLYlNlURY ANOPRoPIlRTY 51,000,000 $M)OO,OOO
DAMAOB OOMBlNED
YES PROI'BllSIONAL LIABILITY, INCLUDJNO,
ERRORS AND OMISSIONS,
IMLI'RACnCE (WHJlN APPUCABLE),
AND NECLIGj!NT I'BRl'ORMA.'lCIl A1LDAMAOIlS 51.000 000
YEO
THE em OFPALQ ALTO IS TO lIE NAMED All AN ADDITIONAL 1N1lll1lW; CONTRACTOR, AT ITS SOU; COST AND EXPENSE. I
SHALLOlITAlN AND MAlNTAIN.INPULLFORCEAND SPPIlCT TIlROOOllOUTTHBENTIIUlTllRMCP ANYRBIlULTA}I'I' AGl!RI!Ml!m,
THEINSURANCIlOOVllltA<lBHllRIlINDI!5Cl!1B1ID,INIlllRINGNOTONLYCONTRACTOllANDTTSStJllCONSULTANTS,lFANY,BUT
ALSo. wrrnTHE l!XCl!PT!ON O~WORKBRl!' COMPENSATION, 1!Ml'J.OYll!\·S LIAllIUTY ANDPROPIlSSlONAl.lNSURANCB, NAMING
AS ADDITIONAL INIlllIIEDS CITY,ITS C01JNClL _lIS, OFFICElIS, AGE~iTS, AN]) EMPLOYEES.
<
1.< INSURANCE COVERAGE-MUST INCLUDE:
A A PROVISION FOR A WRl'ITEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGB OR OF COVERAGE CANCELLATION; AND
D. A CONTRACTUAL lJABlLlTY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR.
CONTRACTOR'S AOREEMENTTO INDEMNIFY CITY.
C. DEDUCTlBLEAMOONTS IN EXCESS OF $S,OOO REQUlRE CITY'S PRlOR.APPROYAL.
n. CONI'ACToR MUST SUBMIT CERTiFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO 111E INSURANCE AFFORDEO TO "ADDITIONAL
INSUREDS"
A EIl.lt.:!e,RY!;QVERAOB
WI111 RESPECT TO CLAIMS ARlSING OUT OF THE OPERATIONS OF THE NAMED INSUIlllD, INSURANCil AS
AFFORDED BY TInS POLICY IS I'RlMARY AND IS NOT' ADDITIONAL TO OR. CONTR1Bl.ITING WITH ANY OTHER
INS!lJ!ANCE CARR1lID BY OR FOR. THE BENEl'IT OF THE ADDITIONAL INSUREDS.
B; fJRQSS I JABILITY
Professional Stlrvices
Rev. Deellmber 1/2009
\1C""IllI~h,IOdIASDIPURC!I\90LlClTATIONS\CURRENT BUYER.(;M fOlDERSIUTILITlES • CAROL YNNIRI'PsllS'4l1 Well Te.U"s fur
FIVe WaUl WeUs\FJNAL CONTRACIiFlnll:l ConIJacLdo(;
TIIli NAMING OP MORE,mAN ONE PIlRSON, FIRM. OR CORPORA nON AS INStJRBDS UNDER mE POLlCY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF mE INStJRBD AGAINST ANOTllliR, Bur THIS
ENDORSBMI!NT, AND TIIli NAMING OF MULTIPLE INSUREDS, SHALL NOT INCRI!ASE mE TOTAL LlABILlTV OF
THE COMPANY UNPER mIS POLICY.
c, NonCB OF QANQBI I WON
I. IF TIIliPOLlCY IS CANCBLBDBBFORE ITS EXPlRATIONDATBFORANYRBASONOTHER .
THANmENON.PAYMENT.oPPRI!MlUM,THEISSUINGCOMPANYSHALLPROVlDEClTY
AT LB,AST A rnIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCllLLA TION. .
2. lFnIll'POLlCYIS CANCl!LBDBEFOREITS EXPlRATION DATEFOR TIm NON·PAYM.ENT
OFFREMIlIM, THEISSUINGCOMPANY SIIALLPROVlDBClTY ATLBAStA TEN(lD) DAY
WRlTl'IiN NOTICE BBFOlUl THE EFFECTIVE DA'IE OF CANCELLATION.
NOTrCES SHALL BlifMAlLEJ) TO:
PURCHASlNG.o!.ND CONTRACT ADMINISTRATION
P.o. BOX 10156
PALOALTO,CA !!43&3
ProfeJakmAI ServKies:
, Rev. Deoombfll' 1, 20Q!)
1\C<-l<mlsllaredlASO\PliRCH\SOLICJTATIONSIC\JRlU!NT l!UYJ!R.CM l'OLDllRlIIUTILmES • CAROL YNNlRFPoI13S451 well felting Ibr
Fi,,!; Water W~ll&\FINAL CONTRACMmiJ Contract.doc '
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ATTACHMENT B
1,,,,,,, .. ,,,
&-;.HaJ.e ~ Locatlon of Existing CHy*owned Water Well (shaded wells are not operational)
1800/26 Perfor.nance Data (discharge {gpm}lspecific capacity (gpm/ftlj
NO SCALE
Figure 6.1
EXISTING WELL LOCATION MAP
CITY OF PALO ALTO