Loading...
HomeMy WebLinkAbout2004-01-05 City CouncilTO: City of Palo Alto City Managerl eport HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:JANUARY 5, 2004 CMR: 100:04 SUBJECT:APPROVAL OF CONTRACT WITH KENNEDY/JENKS CONSULTANTS IN THE AMOUNT OF$358,369 FOR THE FACILITY CONDITION ASSESSMENTOF THE WATER QUALITY CONTROL PLANT (WASTEWATERTREATMENT CAPITAL IMPROVEMENT PROJECT WQ-04011) RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached contract with Kennedy/Jenks Consultants in the amount of $358,369 for the facility condition assessment project of the Regional Water Quality Control Plant (RWQCP). DISCUSSION Scope of Services Description The scope of work to be performed under the contract is for the structural evaluation and preliminary retrofit design of the RWQCP facilities. The consultant will conduct a comprehensive evaluation of structural condition, anticipated seismic performance, and structural life expectancy. Site investigation, design review, and structural evaluation will be performed. Conceptual level retrofit designs will be completed and cost estimates performed in preparation for future capital improvements. The draft scope of services was reviewed and approved during the Budget process. The scope of services is enclosed again as Attachment B. To varying de~ees, the structural condition of the RWQCP has deteriorated as a result of a~ng and industrial service conditions. Without this project, the structural condition of the plant’s structures would be unknown. By moving forward on this project, proper steps can be taken to plan for future capital improvements, enhance health and safety after an earthquake, and prevent the high repair cost of potential structural damage. Consulting services provide .the expert combination of wastewater, geotechnical, structural, and corrosion enNneering resources to complete the project; RWQCP staff does not have this combination of expertise. CMR:100:04 Page 1 of 3 Summary of Solicitation Process Proposal Description/Number Proposed Length of Project Number of Proppsals Mailed Total Days to Respond to Proposal Pre-proposal Meeting Date Number of Company Attendees Pre-proposal Meeting Number of Proposals Received: Company Name 1.Biggs Cardosa Associates Inc. 2.Structus, Inc. 3.The KPA Group 4.Carollo Engineers 5.Kennedy/Jenks Consultants Range of Proposal Amounts Submitted Facility Condition Assesslnent/RFP 100286 36 months 13 26 October 16, 2003 11 5 Location (City, State) San Francisco, CA San Francisco, CA Oakland, CA Walnut Creek, CA Palo Alto, CA $274,556 to $521,000 Selected for interview? No No Yes Yes Yes oral An evaluation comrnittee consisting of Public Works Department Water Quality Control Plant staff members reviewed the proposals. Three firms were invited to participate in oral interviews on November 6, 2003. The committee carefully reviewed each firm’s qualifications and submittal in response to the criteria identified in the RFP. The evaluation committee evaluated the selected firms based on experience, track record, team ~qualifications, familiarity with issues, project understanding, wastewater ~knowledge, ~knowledge of the RWQCP, flexibility, approach to the work, completeness, presentation, and expertise. Kennedy/Jenks Consultants was selected because it provides the best approach to the project along with a superior rating in the selection criteria. Kennedy/Jenks Consultants had a better understanding of the RWQCP’s needs than the other proposers. Kennedy/Jenks Consultants has performed satisfactorily on past RWQCP projects as well as on similar structural evaluations for other Bay Area wastewater facilities. RESOURCE IMPACT Funds for Phase 1 of the Facility Condition Assessment, $149,974, have been appropriated under the FY 2003-2004 Wastewater Treatment CIP WQ-04011. The proposed FY 2004-2005 CIP includes funds for Phase 2, $118,469, contingent on Council approval. The proposed FY 2005-2006 CIP includes funds for Phase 3, $89,926, contingent on Council approval. Work on Phase 2 of the project is scheduled to start in July 2004 upon written authorization from the City after Council budget approval; Phase 3, likewise, would begin in July 2005. CMR: 100:04 Page 2 of 3 This project will lead to future design work. The level of design effort needed cannot be determined until the completion of the site investigation, evaluation, and setting of performance criteria. Staff will return to Council for contract amendments prior to initiating conceptual retrofit design, final design, and construction management services. Should the consultant be unable to perform the future design work to the City’s satisfaction, the City has the option of issuing a request for proposals. POLICY IMPLICATIONS Recommendations of this staff report are consistent with City policies. ENVIRONMENTAL REVIEW This project is a planning and feasibility study and is statutorily exempt from CEQA. ATTACHMENTS A: Contract B: Scope of Services PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: JAMES ALLEN, Project Engineer RWQCP WILLIAM D. MIKS, Manay4~r RWQCP OLENN S. ROBERTS Director of Public Works EMIL--~ HARP,~SON - Assistant City Manager CMR: 100:04 Page 3 of 3 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND KENNEDY/JENKS CONSULTANTS FOR CONSULTING SERVICES ATTACHMENT A This Contract No.is entered into , by and between the CITY OF PAL0 ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and KENNEDY/JENKS CONSULTANTS, a California corporation, located at 2191 East Bayshore Road, Suite 200,Palo Alto,CA 94303 ("CONSULTANT"). RECITALS: WHEREAS, CITY desires certain professional consulting services ("Services") and the preparation and delivery of, without limitation, one or more sets of documents, drawings, maps, plans, designs, data, calculations, surveys, specifications, schedules or other writings (~Deliverables") (Services and Deliverables are, collectively, the "Projectn), as more fully described in Exhibit "A"; and WHEREAS, CITY desires to engage CONSULTANT, including its employees, if any, in providing the Services by reason of its qualifications and experience in performing the Services, and CONSULTANT has offered to complete the Project on the terms and in the manner set forth herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree: SECTION i. TERM i.i This Contract will commence on the date of its execution by CITY, and will terminate upon the completion of the Project, unless this Contract is earlier terminated by CITY. Upon the receipt of CITY’s notice to proceed, CONSULTANT will commence work on the initial and subsequent Project tasks in accordance with the time schedule set forth in Exhibit ~A". Time is of the essence of this Contract. In the event that the Project is not completed within the time required through any fault of CONSULTANT, CITY’s city manager will have the option of extending the time schedule for any period of time. This provision wil! not preclude the recovery of damages for delay caused by CONSULTANT. // // 031209 sm 0100168 SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS 2.1 The scope of Services and Deliverables constituting the Project will be performed, delivered or executed by CONSULTANT under the phases of the Basic Services as described below. 2.2 CITY may order substantial changes in the scope or character of the Basic Services, the Deliverab!es, or the Project, either decreasing or increasing the amount of work required of CONSULTANT. In the event that such changes are ordered, subject to the approval of CITY’s City Council, as may be required, CONSULTANT wil! be entitled to full compensation for all work performed prior to CONSULTANT’s receipt of the notice of change and further will be entitled to an extension of the time schedule. Any increase in compensation for substantial changes will be determined in accordance with the provisions of this Contract. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performance of any such change in work. 2.3 Where the Project entails the drafting and submission of Deliverables, for example, construction plans, drawings, and specifications, any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY before invitations to bid on a construction project (for which the Deliverables are required) are distributed by CITY, wil! be corrected by CONSULTANT at no cost to CITY, provided CITY gives notice to CONSULTANT. 2.4 Any and all errors, omissions, or ambiguities in the Deliverables, which are discovered by CITY after the construction Contract is awarded by CITY, will be performed by CONSULTANT, as follows: (a) at no cost to CITY insofar as those Services, including the Basic Services or the Additional Services, as described below, or both, will result in minor or nonbeneficial changes in the construction work required of the construction contractor; or (b) at CITY’s cost insofar as those Services, including the Basic Services or the Additional Services, or both, will add a direct and substantial benefit to the construction work required of the construction contractor. The project manager in the reasonable exercise of his or her discretion will determine whether the Basic Services or the Additional Services, or both, will contribute minor or substantial benefit to the construction work. // // 031209 sm 0100168 SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF CONSULTANT 3.1 CONSULTANT represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services and Deliverables. CONSULTANT further represents and warrants that the project director and every individual, including any consultant (or contractors), charged with the performance of the Services are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services, and that the Project will be executed by them or under their supervision. CONSULTANT will furnish to CITY for approval, prior to execution of this Contract, a list of all individuals and the names of their emp!oyers or principals to be employed as consultants. 3.2 In reliance on the representations and warranties set forth in this Contract, CITY hires CONSULTANT to execute, and CONSULTANT covenants and agrees that it will execute or cause to be executed, the Project. 3.3 CONSULTANT will assign John Wyckoff as the project director to have supervisory responsibility for the performance, progress, and execution of the Project. Don Ervin will be assigned as the project coordinator who will represent CONSULTANT during the day-to-day work on the Project. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the project director or project coordinator for any reason, the appointment of a substitute project director or substitute project coordinator will be subject to the prior written approval of the project manager. 3.4 CONSULTANT represents and warrants that it will: 3.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the Project; 3.4.2 Keep itself fully informed of all existing and future Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract and any materials used in CONSULTANT’s performance of the Services; 3.4.3 At all times observe and comply with, and cause its employees and consultants, if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 031209 sm 0100168 3.4.4 Will report immediately to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to the Deliverables. 3.5 A~y Deliverables given to, or prepared or assembled by, CONSULTANT or its consultants, if any, under this Contract wil! become the property of CITY and will not be made available to any individual or organization by CONSULTANT or its consultants, if any, without the prior written approval of the city manager except to the extent required: (a) to comply with court order or goverr~mental directive; (b) by C0NS~TANT’s performance of services rendered under this agreement; (c) to comply with professional standards of conduct for the preservation of public safety and welfare; or (d) for CONSULTANT’s defense against claims or liabilities arising from its performance of this-agreement. The foregoing restriction on disclosure shall not apply to information in the public domain or lawfully acquired on a nonconfidential basis from others. 3.6 CONSULTANT will provide CITY with copies of any documents which are a part of the Deliverabies upon their completion and acceptance by CITY. The number of copies is detailed in Exhibit "A". 3.7 If CITY requests additional copies of any documents which are ~a part of the Deliverables, CONSULTANT will provide such additiona! copies and CITY wili compensate CONSULTANT for its duplicating costs. 3.8 CONSULTANT will be responsible for employing or engaging all persons necessary to execute the Project. All consultants of CONSULTANT will be deemed to be directly controlled and supervised by CONSULTANT, which will be responsible for their performance. If any employee or consultant of CONSULTANT fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee or consultant will be discharged immediately from further performance under this Contract on demand of the project manager. 3.9 In the execution of the Project, CONSULTANT and its consultants, if any, will at all times be considered independent contractors and not agents or~ employees of CITY. 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the following Additional Services, not included under the Basic Services, if so authorized, in writing, by CITY: 031209 sm 0100168 4 3.10.1 Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 3.10.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.10.3 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in Exhibit "A" to this Contract. 3.11 CONSULTANT will be responsible for employing all consultants deemed necessary to assist CONSULTANT in the performance of the Services. The appointment of consultants must be approved, in advance, by CITY, in writing, and must remain acceptable to CITY during the term of this Contract. SECTION 4. DUTIES OF CITY 4.1 CITY will furnish or cause to be furnished the services listed in Exhibit "A" and such information regarding its requirements applicable to the Project as may be reasonably requested by CONSULTANT. 4.2 CITY will review and approve, as necessary, in a timely manner the Deliverables and each phase of work performed by CONSULTANT. CITY’s estimated time of review and approval will be furnished to CONSULTANT at the time of submission of each phase of work. CONSULTANT acknowledges and understands that the interrelated exchange of information among CITY’s various departments makes it extremely difficult for CITY to firmly establish the time of each review and approval task. CITY’s failure to review and approve within the estimated time schedule will not constitute a default under this Contract. 4.3 The city manager will represent CITY for all purposes under this Contract. James Allen is designated as the project manager for the city manager. The project manager will supervise the performance, progress, and execution of the Project. 4.4 If CITY observes or otherwise becomes aware of any default in the performance of CONSULTANT, CITY will use reasonable efforts to give written notice thereof to CONSULTANT in a timely manner. // 031209 sm 0100168 5 SECTION 5.COMPENSATION 5.1 CITY will compensate CONSULTANT for the following services and work: 5.1.1 In consideration of the full performance of the Basic Services, including any authorized reimbursable expenses, CITY will pay CONSULTANT a fee not to exceed One Hundred Thirty- Four Thousand One Hundred Seventy-Four Dollars ($134,174.00) for fisca! year 2003-2004; One Hundred Two Thousand One Hundred Sixty Nine Dollars ($102,169.00) for fisca! year 2004-2005; and Seventy Three Thousand One Hundred Twenty Six Dollars ($73,126.00) for fiscal year 2005-2006, for a total Contract amount for basic services not to exceed Three Hundred Nine Thousand Four Hundred Sixty Nine Dollars ($309,469.00). CONSULTANT expressly agrees to perform the services described in Exi~ibit "A" within the total not to exceed amount of this Contract for each year. The amount of compensation will be calculated in accordance with the hourly rate schedule set forth in Exhibit "B", on a time and materials basis, up to the maximum amount set forth in this Section, subject to the provisions set forth in Section 16.12 of this Contract. The fees of the consultants, who have direct contractual relationships with CONSULTANT, will be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approva! is not obtained by CONSULTANT. 5.1.2 In consideration of the full performance of Additional Services, the amount of compensation set forth in Exhibit "B" will not exceed Fifteen Thousand Eight Hundred Dollars ($15,800.00) for fiscal year 2003-2004; Sixteen Thousand Three Hundred Dollars ($16,300.00) for fiscal year 2004-2005; and Sixteen Thousand Eight Hundred Dollars ($16,800.00) for fiscal year 2005- 2006, for a total amount for additional services not to exceed Forty Eight Thousand Nine Hundred Dollars ($48,900.00). An employee’s time will be computed at a multiple of one (i) times the employee’s direct personne! expense described below. The rate schedules may be updated by CONSULTANT only once each calendar year, and the rate schedules wil! not become effective for purposes of this Contract, unless and unti! CONSULTANT gives CITY thirty (30) days’ prior written notice of the effective date of any revised rate schedule. 5.1.3 CONSULTANT’S maximum compensation under this Contract shall not exceed Three Hundred Fifty Eight Thousand Three Hundred Sixty Nine Dollars ($358,369.00) which is the total of the amount set forth in section 5.1.1 for performance of Basic Services and the total amount established in section 5.1.2 for the performance of authorized Additional Services. 031209 sm 0100168 5.1.4 The full payment of charges for extra work or changes, or both, in the execution of the Project will be made, provided such request for payment is initiated by CONSULTANT and authorized, in writing, by the project manager. Payment will be made within thirty (30) days of submission by CONSULTANT of a statement, in triplicate, of itemized costs covering such work or changes, or both. Prior to commencing such extra work or changes, or both, the parties will agree upon an estimated maximum cost for such extra work or changes. CONSULTANT will not be paid for extra work or changes, including, without limitation, any design work or change order preparation, which is made necessary on account of CONSULTANT’s errors, omissions, or oversights. 5.1.5 Direct personnel expense of employees assigned to the execution of the Project by CONSULTANT will include only the work of architects, engineers, designers, job captains, surveyors, draftspersons, specification writers and typists, in consultation, research and design, work in producing drawings, specifications and other documents pertaining to the Project, and in services rendered during construction at the site, to the extent such services are expressly contemplated under this Contract. Included in the cost of direct personnel expense of these employees are salaries and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 5.2 The schedule of payments will be made as follows: 5.2.1 Payment of the Basic Services will be made in monthly progress payments in proportion to the quantum of services performed, or in accordance with any other schedule of payment mutually agreed upon by the parties, as set forth in Exhibit ~B", or within thirty (30) days of submission, in triplicate, of such requests if a schedule of payment is not specified. Final payment will be made by CITY after CONSULTANT has submitted all Deliverables, including, without limitation, reports which have been approved by the project manager. 5.2.2 Payment of the Additional Services will be made in monthly progress payments for services rendered, within thirty (30) days of submission, in triplicate, of such requests. 5.2.3 No deductions will be made from CONSULTANT’s compensation on account of penalties, liquidated damages, or other sums withheld by CITY from payments to general contractors. SECTION 6.ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS 6.1 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic 031209 sm O~O016B 7 Services and Additional Services pertaining to the Project will be prepared, maintained, and retained by CONSULTANT in accordance with generally accepted accounting principles and will be made available to CITY for auditing purposes at mutually convenient times during the term of this Contract and for three (3) years following the expiration or earlier termination of this Contract. 6.2 The originals of the Deliverables prepared by or under the direction of CONSULTANT in the performance of this Contract will become the property of CITY irrespective of whether the Project is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals will be delivered to CITY without additional compensation. CITY will have the right to utilize any final and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT. CITY shall indemnify CONSULTANT for any responsibility or liability for any use of incomplete documents and use of final documents for other than their intended use or for alterations or modifications of such documents. SECTION 7. INDEMNITY 7.1 CONSULTANT agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents, from any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CONSULTANT’s, its officers’, agents’, consultants’ or emp!oyees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONSULTANT in the performance of or failure to perform its obligations under this Contract. SECTION 8.WAIVERS 8.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract or of the provisions of any ordinance or law will not be deemed to be a waiver of any such covenant, term, condition, provision, ordinance, or law or of any subsequent breach or violation of the same or of any other covenant, term, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder will not be deemed to be a waiver of any preceding breach or violation by the other party of any covenant, term, condition or provision of this Contract or of any applicable law or ordinance. 8.2 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 Contract. 031209 sm 0100168 SECTION 9.INSURANCE 9.1 CONSULTANT, at its sole cost and expense, will obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not only CONSULTANT and its consultants, if any, but also, with the exception of workers’ compensation, employer’s liability and professional liability insurance, naming CITY as an additiona! insured concerning CONSULTANT’s performance under this Contract. 9.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Rating Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Any and all consultants of CONSULTANT retained to perform Services under this Contract will obtain and maintain, in full force and effect during the term of this Contract, the coverage described in Exhibit "C", naming CITY as an additional insured under such policies as required above. 9.3 Certificates of such insurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of this Contract. 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 altered by the insurer except after filing either by mai! or other form of delivery, with the CITY’s city clerk thirty (30) days" prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer’s liability, and professional liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Contract with the city clerk. 9.4 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 Contract. 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 Contract, including such ¯ damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION i0.WORKERS’ COMPENSATION i0.i CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of Ca!i~ornia which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance 031209 sm 0100168 in accordance with the provisions of that Code, and certifies that it wil! comply with such provisions, as applicable, before commencing the performance of the Project. PROJECT SECTION ii.TERMINATION OR SUSPENSION OF CONTRACT OR ii.i The city manager may suspend the execution of the Project, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services. Upon receipt of such notice, CONSULTANT wil! immediately discontinue its performance under this Contract. 11.2 CONSULTANT may terminate this Contract or suspend its execution of the Project by giving thirty (30) days’ prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of Basic Services or the execution of the Project. 11.3 Upon such suspension or termination by CITY, CONSULTANT will be compensated for the Basic Services and Additional Services performed and Deliverables received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additional and reimbursable expenses then due. If the Project is resumed after it has been suspended for more than 180 days, any change in CONSULTANT’s compensation will be subject to renegotiation and, if necessary, approval of CITY’s City Council. If this Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager in the reasonable exercise of her discretion. 11.4 In the event of termination of this Contract or suspension of work on the Project by CITY where CONSULTANT is not in default, CONSULTANT will receive compensation as follows: 11.4.1 For approved items of services, CONSULTANT will be compensated for each item of service fully performed in the amounts authorized under this Contract. 11.4.2 For approved items of services on which a notice to proceed is issued by C~TY, but which are not fully performed, CONSULTANT will be compensated for each item of service in an amount which bears the same ratio to the total fee otherwise payable for the performance of the service as the quantum of 031209 sm 0100168 !0 service actually rendered bears to the services necessary for the full performance of that item of service. 11.4.3 The total compensation payable under the preceding paragraphs of this Section will not exceed the payment specified under Section 5 for the respective items of service to be furnished by CONSULTANT. 11.5 Upon such suspension or termination, CONSULTANT will deliver to the city manager immediately any and all copies of the Deliverables, whether or not completed, prepared by CONSULTANT or its consultants, if any, or given to CONSULTANT or its consultants, if any, in connection with this Contract. Such materials wil! become the property of CITY. 11.6 The failure of CITY to agree with CONSULTANT’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. SECTION 12.ASSIGNMENT 12.1 This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT will not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of CITY will be void and, at the option of the city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTION 13.NOTICES 13.1 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 To CONSULTANT: Attention of the project director at the address of CONSULTANT recLted above // // 031209 sm 0100168 11 SECTION 14.CONFLICT OF INTEREST 14.1 In accepting this Contract, 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. 14.2 CONSULTANT further covenants that, in the performance of this Contract, it will not employ contractors or persons having such an interest mentioned above. CONSULTANT certifies that no one who has or will have any financia! interest under this Contract is an officer or emp!oyee 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. SECTION 15. NONDISCRIMINATION 15.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of persons under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexua! preference or gender of such person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONSULTANT agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "D". 15.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as follows: "[Name of Provider] will provide CONSULTANT with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, co!or, national origin, ancestry, religion, disability, sexual preference or gendsr of such person." 15.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to 031209 sm 0100168 12 cancel or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. SECTION 16.MISCELLANEOUS PROVISIONS 16.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the federal Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONSULTANT wil! comply with or ensure by its advice that compliance with such provisions will be effected pursuant to the terms of this Contract. 16.2 Upon the agreement of the parties, any controversy or claim arising out of or relating to this Contract may be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. 16.3 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 16.4 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 16.5 The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. 16.6 This document represents the entire and integrated Contract 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. 16.7AII provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 031209 sm 0100168 13 16.8 The covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants, as the case may be, of the parties. 16.9 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect. 16.10 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 16.11 This Contract may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 16.12 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fisca! 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 Contract are no longer available. This Section 16.12 will take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. // // // // // // // // // // 031209 sm 0100168 14 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Assistant City Attorney APPROVED: Assistant City Manager Director of Administrative Services Director of Public Works Risk Hanager Mayor rENKS Title: Title: ~,~ ~~~/ Taxpayer Identification No. (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Attachments : EXHIBIT "A" ¯ EXHIBIT "B" ¯ EXHIBIT "C" : EXHIBIT "D" ¯ SCOPE OF PROJECT &TIME SCHEDULE RATE SCHEDULE INSURANCE NONDISCRIMINATION COMPLIANCE FORM 031209 sm 0100168 15 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) On ~ //, ~oo~, before me, the undersigned, a Notary Public in and for said County and State, personally appeared d~/~IJ ]u/.ZO~o~o~-~-~ ~,,~z-b ~. ~!m~o , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i~/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in .h-i~/their authorized capacity(ies), and that by Ais/har/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. e of Publmc . ~1 ~OPHELIA SALAZAR ~/’a~ J..a~,"a,COMM. #1308611 "~ .(2 Oo ~I~’~S~N FRANulSCOCOUNTY -- ~ My Comm, Expires June 29, 2005 031209 sm 0100168 16 EXHIBIT A City of Palo Alto Facility Condition Assessment Scope of Work The work will be performed in a total of three phases. completed during CITY’s Fiscal Years as follows: The work in each phase will be ¯Phase 1 will be completed in CITY’s Fiscal Year 2003-2004. ¯Phase 2 will be completed in CITY’s Fiscal Year 2004-2005. ¯Phase 3 will be completed in CITY’s Fiscal Year 2005-2006. The consultant will not begin work on Phase 2 or Phase 3 until receiving written notice from the Project Manager after Council approval of the budget in July of each fiscal year. Task 3 work will not begin until a fee is negotiated for the work and a change order issued. The work for each phase will be divided into a total.of eight tasks and shall be as follows: PHASE 1 Task 0: Proqram Development This task would primarily involve the establishment of policies that would provide the groundwork for the entire project. Work conducted as part of this task would include: 1)Review of evaluation and design standards for applicability to the CITY RWQCP facilities. 2)Develop preliminary program policies and conduct a workshop with CITY to discuss the preliminary policies. Key CITY RWQCP operations and maintenance personnel will participate in the workshop. The policies that will be developed include: 3) a) Evaluation criteria b) Analytical methods c) Performance levels d) Facility inventory methodology e) Facility categorization methodology f) Prioritization methodology Prepare a technical memorandum that documents the evaluation and design standards to be used as part of the project and the program policies established as part of the workshop. Task 1: Site Investigation This task will be divided into a Preparation subtask and a Site Assessment and Field Observations subtask. CITY RWQCP operations and maintenance personnel that participated in the Task 0 workshop will be a part of the Site Assessment and Field Observations subtask. All of the facilities (Group 1, Group 2, and Group 3) identified in Figure 1 will be included in the site investigation. An emphasis will be placed on the investigation of structures (building and non-building) as opposed to mechanical and electrical equipment and systems. Work conducted as part of this task will include: Subtask A: Preparation 1)Review available documents including plans, design calculations, specifications, structural reports, and equipment submittals. This reviewwill be utilized to determine the extent of the existing information and what additional information will need to be gathered to conduct the facility evaluations. Pertinent documents will be located, and copies will be provided, by CITY. 2)Review and evaluate available geotechnical information including soils reports, geologic maps, boring logs, and seismic hazard maps. Develop a consistent geotechnical baseline by which to evaluate seismic hazards, such as liquefaction and strong ground-shaking. Develop preliminary geotechnical design criteria by which to evaluate the existing facilities and perform conceptual design for retrofit alternatives. This work will include evaluation of soil profile type(s), near source factors, and seismic source types that are necessary to compute seismic coefficients for the development of code based acceleration response spectra. 3)Identify materials sampling and testing that will be required to establish construction material engineering properties. The costs of the actual sampling and testing shall be on a cost reimbursable basis independent of the engineering services budget for the project. 4)Inventory the facilities. The facilities will be grouped into a total of three categories: a) Building structures b) Non-building structures (e.g., concrete liquid containing structures, steel tanks, steel framework supporting equipment, etc.) c) Mechanical and electrical components and systems (e.g., pumps, MCCs, piping, etc.) 5) Assign a required level of performance for each facility and its components. Subtask B: Site Assessment and Field Observations Conduct a walkthrough screening of the facilities to identify possible deficiencies. The Tier 1 evaluation procedures of ASCE 31-03 will be used as a guideline in the screening of buildings and some non-building structures. For the screening of the remaining non-building structures and the mechanical and electrical components and systems, documents like AS -CE’s Seismic Screening Checklists for Water and Wastewater Facilities (Technical Council on Lifeline Earthquake Engineering Monograph No. 22 (TCLEE No. 22)) will be used as a guideline. 2)Verify the information obtained from the review of the available facility documents (Task 1, Subtask A) and determine if any additional information is required to conduct the evaluations. 3) 4) 5) Gather information on the sizes and details of structural members, connections and mechanical and electrical components and systems. Observe existing foundation conditions where possible and check for evidence of site settlement. If necessary, determine the location of required foundation test pits to assess concealed foundation conditions requiring assessment. The costs of the excavation and other work associated with the test pits will be on a cost reimbursement basis independent of the engineering services budget for the project. Identify lateral force resisting and vertical load carrying structural components and provide an initial evaluation of their condition. These systems may include roof and floor framing, walls, columns, and foundations. Observed structural damage or deficiencies will be noted including cracks in framing members, excessive deflections and displacements, deterioration, failed connections, repairs, modifications, corrosion, etc. 6) Identify physical testing that may be required to determine structural adequacy. 7) Document the existing facilities and components with photographs and notes. Task 2: Evaluation The facilities will be evaluated for general condition, deterioration, corrosion, foundation concerns, and increased lateral earth pressure due to seismic effects. The design stress levels of structural framing, equipment supports, etc. will be compared to code allowed values. The goal of the evaluations will be to develop engineering opinions as to the current overall condition of the facilities, the performance of the facilities in the event of earthquake ground motion, and the remaining useful life of the facilities. Facility evaluations will be performed in accordance with the prioritization methodology developed as part of Task 0. The extent of the evaluations that may be needed is dependent upon the findings of Task 1, Site Investigation. Some evaluations, such as sloshing analyses, will be conducted regardless of the Task 1 findings. However, if facilities are not identified as deficient as part of the Task 1 investigation, then additional evaluations are not necessary for those facilities. The extent of the evaluations will be limited based upon the budget for Task 2. Evaluations will be done according to the three facility categories identified as part of Task 1, Subtask A, as follows: Category A: Analyses of building structures, including architectural non-structural components. The Tier 2 and Tier 3 evaluation procedures of ASCE 31-03 will be used as a guideline for these analyses. Category B: Analyses of non-building structures. These analyses will include sloshing analyses of liquid containing structures in accordance with ACl 350.3 or AVVVVA D-100. They may also include analyses commensurate with the methodologies of ASCE 31-02 Tier 2 and Tier 3, the 2001 California Building Code, or ASCE 7-02 (Minimum Design Loads for Buildings and Other Structures). Category C: Analyses of mechanical and electrical components and systems. These analyses will include those commensurate with the methodologies of the 2001 California Building Code or ASCE 7-02. Task 3: Conceptual Retrofit Desiqn and Recommendations No work wi!l be conducted as part of Task 3 in Phase 1. Task 4: Report This task will entail the preparation of a summary report of the assessments conducted as part of Phase 1. The report will be initially prepared in draft form and four copies will be submitted to CITY for review and comment. CITY’s comments will then be incorporated into the report and the report will be finalized. A total of six copies and one wet-stamped original of the final report will be submitted to CITY. The report will include the following: 1)A summary of the program policies developed as part of the Program Development task and a copy of the technical memorandum prepared as part of that task. 2) The scope of the study and its findings. 3)An overview of the analyses performed and copies of associated calculations. This will include a description of each facility evaluated, the condition of the facility, and the deficiencies found. 4) Copies of materials test results. 5)Recommendations on which facilities should be considered for the development of a conceptual retrofit designs. 6) An estimate of the remaining useful life of each facility evaluated. Task 5: Meetinqs_ .Meetings and/or workshops will be held with CITY staff as a working forum for distributing information and making decisions. One meeting/workshop would be held during each of the following Tasks: Task 0 - Program Development Task 1 - Site Investigation Task 2 - Evaluation Task 4- Report Preparation In addition, CITY staff will participate in the site investigation work, especially the walkthrough screenings. Task 6: Additional Services CITY may desire other engineering services in addition to, or supplemental to, the services delineated in the other project tasks. These services will be identified and negotiated as the project progresses and will not be conducted without express authorization from CITY. The extent of the additional services will be limited based upon the budget for Phase 1, Task 6. Task 7: Proiect Mana,qement Services to be provided as part of this task include: 1)Communication with CITY’s Project Manager to keep CITY informed of the project activities and progress, and to coordinate on-site activities. 2) Managing the project team resources and monitoring the project progress. 3) Tracking the project budget and preparing invoices for services provided. 4)Implementing quality control measures and coordinating quality assurance reviews. PHASE 2 Task 0: Proqram Development This task will primarily involve conducting a workshop with CITY RWQCP staff to review the policies developed during Task 0 of Phase 1. Work will include: 1)Review and evaluate the policies developed during Task 0 of the previous project Phase to determine if, based upon the work performed as part of the previous Phase, changes need to be made to the policies. 2) Review and agree upon the scope of work to be conducted as part of Phase 2. 3)Prepare a technical memorandum that documents any changes to the policies agreed upon as part of the workshop and the scope of the Phase 2 work. Task 1: Site Investiqation This task will include work similar to that conducted as part of Task 1 in Phase 1. Facilities included in this task will be those that were not included in Task 1 of Phase 1, or those facilities determined as a part of Phase 1 to need additional investigation. The facilities to be evaluated shall be those identified as part of Task 0. Task 2: Evaluation The work performed as part of this task will, in essence, be a continuation of the work performed as part of Task 2 of Phase 1. The facilities that will be evaluated as part of this task will be agreed upon as part of Task 0. The extent of the evaluations will be limited based upon the budget for Phase 2, Task 2. Task 3: Conceptual Retrofit Desiqn and Recommendations Task 3 work will involve the following: 1 Implement the project prioritization methodology to determine the order for developing conceptual retrofit designs and recommendations. 2)Develop retrofit alternatives for the deficiencies found as part of the Site Investigation and Evaluation Tasks conducted as part of Phase 1 and Phase 2. This would include deficiencies found in all facility categories: buildings, non- building structures, and mechanical and electrical components and systems. 3)Meet with CITY staff to review the retrofit alternatives and agree upon preferred alternatives. 4)Develop conceptual level retrofit designs based upon the agreed upon preferred alternatives. This would include: a)Conducting analyses of the retrofit designs sufficient to confirm their size, scope, and adequacy. b) Evaluating the need, based upon regulatory code requirements, for collateral upgrades such as those related to disabled access, fire/life safety, occupational safety, etc. c) Preparing conceptual level sketches showing the proposed retrofits. d) Preparing conceptual level estimates of probable construction costs for each of the proposed retrofits and any associated collateral upgrades. The amount of work required to develop conceptual retrofit designs and recommendations is dependent upon the findings of Tasks 1 and 2 in both Phases 1 and 2. The actual scope of work included in Task 3 will be negotiated with CITY and will be limited based upon the budget for Phase 2, Task 3. Task 4: Report This task will entail the preparation of a summary report of the assessments conducted as part of Phase 2. The report will be initially prepared in draft form and four copies will be submitted to CITY for review and comment. CITY’s comments will then be incorporated into the report and the report will be finalized. A total of six copies and one wet-stamped original of the final report will be submitted to CITY. The report will include the following: 1)A summary of the changes made to the program policies as agreed upon as part of the Program Development task and a copy of the technical memorandum prepared as part of that task. 2)The scope of the study and its findings. 3)An overview of the analyses performed and copies of associated calculations. 4)Copies of materials test results. 5)Recommendations on which facilities included in the Task 1 and Task 2 investigations and evaluations should be considered for the development of conceptual retrofit designs during Phase 3. 6)Summaries of the proposed retrofit designs developed during Phase 2 including associated conceptual level sketches and conceptual level estimates of probable construction costs. 7) A proposed schedule for implementation of the proposed retrofit designs.- 8)Recommendations for additional investigations to be performed as part of the final design of the proposed retrofits. 9) An estimate of the remaining useful life of each facility evaluated. Task 5: Meetinqs. Meetings and/or workshops will be held with CITY staff as a working forum for distributing information and making decisions. ©he meetinglworkshop would be held during each of the following Tasks: Task 0 - Program Development Task 1 -Site Investigation Task 2 - Evaluation Task 3 - Conceptual Retrofit and Design Task 4 - Report Preparation In addition, CITY staff will participate in the site investigation work, especially the walkthrough screenings. Task 6: Additional Services CITY may desire other engineering services in addition to, or supplemental to, the services delineated in the other project tasks. These services will be identified and negotiated as the project progresses and will not be conducted without express authorization from CITY. The extent of the additional services will be limited based upon the budget for Phase 2, Task 6. Task 7: Project Mana.qement Services to be provided as part of this task include: 1 Communication with CITY’s Project Manager to keep CITY informed of the project activities and progress, and to coordinate on-site activities. 2) Managing the project team resources and monitoring the project progress. 3) Tracking the project budget and preparing invoices for services provided. 4)Implementing quality control measures and coordinating quality assurance reviews. PHASE3 Task 0: Proqram Development This task will primarily involve conducting a workshop with CITY RWQCP staff to review the policies developed and revised during Task 0 of Phases 1 and 2. Work will include: 4)Review and evaluate the policies developed during Task 0 of the previous project Phases to determine if, based upon the work performed as part of the previous Phases, changes need to be made to the policies. 5) Review and agree upon the scope of work to be conducted as part of Phase 3. 6)Prepare a technical memorandum that documents any changes to the policies agreed upon as part of the workshop and the scope of the Phase 3 work. Task 1: Site Investigation This task will include work similar to that conducted as part of Task 1 in Phases 1 and 2. Facilities included in this task will be those that were not included in Task 1 of the previous Phases, or those facilities determined as a part of the previous Phases to need additional investigation. The facilities to be evaluated shall be those identified as part of Task 0. Task 2: Evaluation The work performed as part of this task will, in essence, be a continuation of the work performed as part of Task 2 in the previous project Phases. The facilities that will be evaluated as part of this task will be agreed upon as part of Task 0. The extent of the evaluations will be limited based upon the budget for Phase 3, Task 2. Task 3: Conceptual Retrofit Desi,qn and Recommendations Task 3 work will involve the following: 1)Implement the project prioritization methodology to determine the order for developing conceptual retrofit designs and recommendations. 2)Develop retrofit alternatives for the deficiencies found as part of the Site Investigation and Evaluation Tasks conducted as part of Phase 2 and Phase 3. This would include deficiencies found in all facility categories: buildings, non- building structures, and mechanical and electrical components and systems. 3)Meet with CITY staff to review the retrofit altematives and agree upon preferred alternatives. 4)Develop conceptual level retrofit designs based upon the agreed upon preferred alternatives. This would include: c:\documents and se~ n g s~4~ aIlen~J o-~ al settJngs!Zempora,,y in~rns! 51es~Ik 133Lexhibit a - SCOpe o[ work.d.’>:- a) Conducting analyses of the retrofit designs sufficient to confirm their size, scope, and adequacy. b) Evaluating the need, based upon regulatory code requirements, for collateral upgrades such as those related to disabled access, firellife safety, occupational safety, etc. c) Preparing conceptual level sketches showing the proposed retrofits. d) Preparing conceptual level estimates of probable construction costs for each of the proposed retrofits and any associated collateral upgrades. The amount of work required to develop conceptua! retrofit designs and recommendations is dependent upon the findings of Tasks 1 and 2 in both Phases 2 and 3. The actual scope of work included in Task 3 will be negotiated with CITY and will be limited based upon the budget for Phase 3,Task 3. Task 4: Report This task will entail the preparation of a summary report of the assessments conducted as.part of Phase 3. The report will be initially prepared in draft form and four copies will be submitted to CITY for review and comment. CITY’s comments will then be incorporated into the report and the report will be finalized. A total of six copies and one wet-stamped original of the final report will be submitted to CITY. The report will include the following: 1)A summary of the changes made to the program policies as agreed upon as part of the Program Development task and a copy of the technical memorandum prepared as part of that task. 2)The scope of the study and its findings. 3)An overview of the analyses performed and copies of associated calculations. 4)Copies of materials test results. 5)Summaries of the proposed retrofit designs developed during Phase 3 including associated conceptual level sketches and conceptual level estimates of probable construction costs. 6) A proposed schedule for implementation of the proposed retrofit designs. 7)Recommendations for additional investigations to be performed as part of the final design of the proposed retrofits. 8) An estimate of the remaining useful life of each facility evaluated. Task 5: Meetinqs Meetings and!or workshops will be held with CITY staff as a working forum for distributing information and making decisions. One meeting/workshop would be held during each of the following Tasks: Task 0 - Program Development Task 1 - Site Investigation Task 2 - Evaluation Task 3 - Conceptual Retrofit and Design Task 4 - Report Preparation In addition, CITY staff will participate in the site investigation work, especially the walkthrough screenings. Task 6: Additional Services CITY may desire other engineering services in addition to, or supplemental to, the services delineated in the other project tasks. These services will be identified and negotiated as the project progresses and will not be conducted without express authorization from CITY. The extent of the additional services will be limited based upon the budget for Phase 3, Task 6. Task 7: Project Management Services to be provided as part of this task include: 5)Communication with CITY’s Project Manager to keep CITY informed of the project activities and progress, and to coordinate on-site activities. 6) Managing the project team resources and monitoring the project progress. 7) Tracking the project budget and preparing invoices for services provided. 8)Implementing quality control measures and coordinating quality assurance reviews. FIGURE 1 RWQCP FACILITY CONDITION ASSESSMENT PROJECT FACILITY SCHEDULE Group 1 Facilities Aeration Basins and influent channel, including sloshing analysis Equipment Room Generator Grit Handling Facility Intermediate Pump Station (IPS), including sloshing analysis Meter Station Primary Influent and Effluent Channels, including sloshing analysis Primary Sedimentation Tanks, including sloshing analysis Sludge Pump Room, Activated Sludge Pump Room, Blower Room, and Tunnel Sludge Thickeners, including sloshing analysis Tunnel No.2 (Equipment Rooms to Solids Incineration Building) Group 2 Facilities Administration Building Bridges ¯Main Structure to New Clarifiers ¯Main Structure to Operations Building Maintenance and Warehouse Facility Meter Pit Miscellaneous Free Standing Electrical Panels New Clarifier Electrical/Equipment Room New Pumping Plant, including, ¯Bar Screen Room ¯Influent Gate Hydraulics Enclosure ¯Diesel Fuel Storage Old Pumping Plant Operations Building Secondary Clarifiers, including sloshing analysis Tunnel No. 1 (Equipment Rooms to ©perations Building) Group 3 Facilities Ammonia System and Caustic Tank, including sloshing analysis Ash Storage System Bridge - Main Structure to FFR Chlorination Building Chlorine Contact Tank, including sloshing analysis, inlet box, and mixing box Dual Media Filters Equipment Building Dual Media Filters, including sloshing analysis FFR Equipment Rooms Fixed Film Reactors (FFR), including sloshing analysis, excluding lime silo Outfall Box/Sulfur Dioxide Pump Enclosure Sludge Blending & Air Pollution Control Vessels, including sloshing analysis Solids Incineration Building Water Reclamation Facility Water Reclamation Tank, including sloshing analysis CITY OF PALO ALTO RFP PAGE 1 OF 1 EXHIBIT B - 1 of 3 Kennedy!J enks Consultants Client/Address: Contract!Proposal Date: City of Palo Alto Purchasing and Contract Administration 250 Hamilton Ave. Palo Alto, CA 94301 28 October 2003 Schedule of Charges Date: January 1, 2003 Personnel Compensation Classification Hourly Rate Drafter/Technician ........................................................................................$73 Designer/Senior Technician ..........................................................................$87 Staff Engineer-Scientist-Specialist ................................................................$83 Senior Staff Engineer-Scientist-Specialist .....................................................$98 Engineer-Scientist-Specialist ......................................................................$110 Associate Engineer-Scientist-Specialist ......................................................$128 Senior Associate Engineer-Scientist-Specialist .......i ...................................$140 Senior Engineer-Scientist-Specialist ...........................................................$158 Principal Engineer-Scientist-Specialist ........................................................$170 Senior Principal ..........................................................................................$180 Project Administrator .....................................................................................$67 Word Processor ...............................................................................~ ............$58 Non-Technical ..............................................................................................$46 The above Hourly Rates include normal and incidental costs such as routine communications, postage and office supplies. Direct Expenses Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus ten percent for items such as: a.Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b.Consultants, soils engineers, surveyors, contractors, and other outside services. c.Rented vehicles, local public transportation and taxis, travel and subsistence. d.Specific telecommunications and de!ivery charges. e.Special fees, insurance, permits, and licenses applicable to the work. f.Outside computer processing, computation, and proprietary programs purchased for the work. Reimbursement for owned vehicles used in connection with the work will be at the rate of 36 cents per mile or at a monthly rate. Reimbursement for use of computerized drafting systems (CADD), geographical information systems (GIS), and other specialized software and hardware will be at the rate of $12 per hour. Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above. Other in-house charges for prints and reproductions, equipment usage, laboratory analyses, etc. will be at standard company rates. Excise and gross receipts taxes, if any, wil! be added as a direct expense. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2003 through June 30, 2004. After June 30, 2004, invoices will reflect the Schedule of Charges currently in effect. EXHIBIT B - 2 of 3 MARK THOMAS 8: CONIYANY. INC. CHARGE RATE SCHEDULE EFFECTIVE NOVEMBER 4, 2002 HOURLY CHARGE 1LA~TES PROFESSIONAL AND OFFICE Principal!Project Manager Engineering/Structural Manager II Engineering Manager I Engineer X Engineer IX En~neer VIII Engineer VII Engineer VI Engineer V Engineer IV Engineer HI Engineer II Engineer I Engineer Technician/Inspector IV Engineer Technician/inspector IH Engineer Technician!inspector II Engineer Technician/Inspector I Land Surveyor Project Surveyor Senior Survey Technician Technical Writer Clerical/Typist H Clerical/Typist I Messenger (Po Chen) (Dennes Furia) (Harry Mistry) (Tom Walker) FIELD 2 Person Field Party and Vehicle 3 Person Field Party and Vehicle SPECIAL SERVICES Expert Witness MISCELLANEOUS COSTS Reimbursables (Printing and Materials, Mail and Delivery Expenses, Film Expenses, Filing Fees, Parking and Field Expenses) Mileage Outside Consultant Fees $190.00 per hour 168.00 per hour 155.00 per hour 151.00 per hour 135.00 per hour 120.00 per hour 106.00 per hour 94.00 per hour 84.00 per hour 77.00 per hour 71.00 per hour 66.00 per hour 60.00 per hour 90.00 per hour 80.00 per hour 69.00 per hour 57.00 per hour 117.00 per hour 95.00 per hour 92.00 per hour 72.00 per hour 61.00 per hour 48.00 per hour 38.00 per hour $185.00 per hour 250.00 per hour $ 260.00 per hour -Cost plus 5% -$0.32 per mile -Cost plus 5% E.~_IBIT B - 3 of 3 2003 Schedule of Charges and Conditions TREADWELL & ROLLO This Schedule of Charges and Conditions is incorporated in the proposal ofTreadwell & Rollo, Inc. ("Consultant") to which it is attached (the "Proposal"). As used herein, "Client" refers to the person to whom the Proposal is addressed; "Services" refers to services described in the "Scope of Services" section of the Proposal; "Project Site" refers to the property with respect to which Services may be performed; "Agreement" refers to the written contract between Consultant and Client, as set forth in the Proposal and the documents attached thereto. Charges for personnel, outside services, matdrials and equipment, and Consultant equipment shall be as follows. Personnel Char~es- Charges for Consultant’s personnel shall be at the hourly rates indicated below: Personnel Cate¢orv Hourly Rate Document Processing/Production CAD T~chnicianlGraphics/Senior Editor GIS SpecialistlSenior Technician Staff Engineer/Scientist Senior Staff Engineer/Scientist/Coordinator Project Engineer/Scientist Senior Project Engineer/Scientist Senior Engineer/Scientist Associate Engineer/Scientist Principal Engineer/Scientist 70 to 100 70 to 100 75 to 120 75 to 100 80 to ll0 100 to 130 120 to 150 130 to 170 150 to 200 180 to 250 Consultant may augment in-house personnel with subconsultants. Hourly rates for subconsultants shall not exceed those for equivalent in-house personnel. Charges for personnel engaged in litigation support shall be at the rates shown above, except that a 4-hour per day minimum shall apply to any person being deposed or assisting in any deposition, and an 8-hour per day minimum shall apply to any person appearing in court as an expert witness or consultant. Outside Services. Materials and Equivmenl Char~es_- Charges for services, materials and equipment furnished by firms other than Consultant shall be equal to 1.15 times (I) amounts charged Consultant for such services, materials, and equipment; and, (2) costs of (a) insurance on subcontracts relating to this Agreement, (b) administration of billing verification and approval and (c) processing of payments in connection with such services, goods, and materials. Ec~uipment Rental - Charges for equipment owned by Consultant are as follows: Automobiles, Vans, and Small Trucks* (*travel time plus time on site) Nuclear Moisture-Density Gauge Special Computer or Analytical Software Usage $12.50 per hour $12.50 per hour $30.00 per hour Rates for other equipment, such as geotechnical field instrumentationequipment, geophysical exploration equipment, water resources and quality equipment, special exploration support vehicles and equipment, seismology equipment, and geology equipment may be obtained upon request. Revision ofChar~es - The charges provided for in the foregoing provisions may be revised annually by Consultant: Invoices - Consultant shall issue invoices on at least a monthly basis. All amounts invoiced shall be due and payable on receipt. Late charges of 1V2% per month shalt accrue on all past due balances 30 calendar days after the date of invoice, and shall be payable without further action by Consultant. However, if the late charge provided for herein exceeds the maximum charge al!owed by law, the applicable charge shall consist of such legal maximum. Client agrees to notify Consultant in Writing within 30 calendar days of the date of the lnvoice should Client take exception to any charges shown on the invoice. If notification is not received within 30 calendar days, invoices submitted to the Client are considered acceptable by the Client. In the event legal action is initiated to enforce payment of any sums due under this agreement, Client agrees to pay reasonable court costs and attorney fees. TREADWELL & ROLLO, INC. 2003 Schedule of Charges and Conditions Page 1 of 1 Roy. 00 (December 2002) X IKOU Included GSN’L AGgREGATe= LIME -l Po,.,oW I l-I _~.UTOMO=~I~E LIABILITY~ANY AUTO __1 SCheDUlED AUTOS ~.~HIRED AUTOS ~" NDN-~WN~D AUTOS ~ GABAOE LIABILI~~AN~ ~UTO ~xogss UA~I~I~ ~ occur ~ CLA,MS MADE [-~ DED~JCTIBLERETENTION 8 WOBK.~R~S coMPeNSATION AND ~MPLoY£P,s~ LIABILIT~ Stop-Gap Llab, o’m~n Professional & Contr~ctom Pollution, .Llab, MZA80240112 WZ080912037 State of Weshlngton. - PE00012793ol 10/01103 01101103 10/01/03 lo101/0~ 0110110¢ OOMBIN~D SINGLE LIMI"~,~.ccldenQ sl ~00O,00O ~SODILY INJURY(Per p~raon)$ BeD ~Y INJURY PRORER~ DAMAG~ ~(per ~lde~l) AUTO ONLY. EA AQGIDEN% $ OTH£RTHAN 5AACC s AGO REGAT~ ~ ~ ~W 0 STAT u ¯ £.L. EAOH ACCIDENT ~ ,000~0 $I,OOO,OO~ per Clalm $I,000.0~0 Annl Aggr. icRIP’noN OF oPF.RATIONS/LOOATIQNS/V~.HIOLSS/.=XOLqSlONS AD D.=D BY ENDORS~M~NT/sp~ciAL pRovisioNs NEPAL LIABILrI’Y POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL RVICEES. NERAL/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City of Pale Alto, 3filters, aganm al~d employees. Coverage is primary Insurance, RTIF CATE HOLDER I I ADDmnNALINSUF~D~INSU~R~R; , CANCELLATION SldOU LD ANY o~ TMI~ AB eve; D.~,SORIIS~D poucl]5~, BE OANCF~ LL~D BEFOF-~ ~d~- E~IPAT~3 N Palo Nto, Clty of Attn; Purchasing De pertinent P,O, Box 10250 Pale Alto, CA 94.303 onB ~5.s ~r’ff~~ of 1 #M93212 DATETHI~REOF,TH~ ISSUlN ~t INSURER WILLENOEAVOR TD MAIL30__ OATS WRh-rFN NOTICE To’l’H.= rtERTIFIOAI’E fifo LDER NAMF.D TO THI~ LEFT, BUTFAILUR~ To D D ~ SHALL IMPOS., NO oB LIbATIoN oR LIABILITY OFANYKINO UpON THE INSUR=.R, tT£ AGENTS oR .FiEPRESENTATIV=.B. /oAUTH°RIZED RgpRES~NT~T~_.v..:. DAO e ACORD CORPORATION 19Bs CERTIFICATION OF NONDISCRIMINATION " EXHIBIT D SECTION 4~0 Certification of Nor~dis~rimination: As s.uppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certi~, that they do not discriminate in employment with regards to age,. race,coior, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with¯ all Federal, State, and local directives and executive orders regarding nondi~criminatiotq in employment.t THEINFORMATION HEREIN IS .CERTIFIED CORRECT BY SIGNATURE(S) BELOW. Firm: ~ ~O~Q£~ L~)~,, ! 1 ~ ~. ~ignature: Name: Title: ’PRINT OR TYPE NAME) Signature: Name: Title: Note: (PRINT OR TYPE NAME) The City of Palo AIt~): p. ursuant to Calif6mia Corporations Code Section 313~ requtres two corporate officers.to execute con~racts. *The.signature of First Officer* must be one of the following: Chairman. of the board; President.; or Wce President. **The signature of the Second O~cer~ must be one of the fSllowing: Secretary; Assistant Sec/-etary; Chief .Financial O~cer; or Assistant. Treasurer. (In the alternative, a certified orporate resolution attestingio the signatory authority of theindividuals signing in their respective capacities is acceptable) CITY OF PALO ALTO 100286 PAGE I OF 1 ATTACHMENT B City of Palo Alto Facility Condition Assessment Scope of Work The work will be performed in a total of three phases. completed during CITY’s Fiscal Years as follows: The work in each phase will be ¯Phase I will be completed in CITY’s Fiscal Year 2003-2004. ¯Phase 2 will be completed in CITY’s Fiscal Year 2004-2005. ¯Phase 3 will be completed in CITY’s Fiscal Year 2005-2006. The consultant will not begin work on Phase 2 or Phase 3 until receiving written notice from the Project Manager after Council approval of the budget in July of each fiscal year. Task 3 work will not begin until a fee is negotiated for the work and a change order issued. The work for each phase will be divided into a total of eight tasks and shall be as follows: PHASE 1 Task 0: Proqram Development This task would primarily involve the establishment of policies that would provide the groundwork for the entire project. Work conducted as part of this task would include: 1)Review of evaluation and design standards for applicability to the CITY RWQCP facilities. 2)Develop preliminary program policies and conduct a workshop with CITY to discuss the preliminary policies. Key CITY RWQCP operations and maintenance personnel will participate in the workshop. The policies that wil! be developed include: 3) a) Evaluation criteria b) Analytical methods c) Performance levels d) Facility inventory methodology e) Facility categorization methodology f) Prioritization methodology Prepare a technical memorandum that documents the evaluation and design standards to be used as part of the project and the program policies established as part of the workshop. Task 1: Site lnvestiqation This task will be divided into a Preparation subtask and a Site Assessment and Field Observations subtask. CITY RWQCP operations and maintenance personnel that participated in the Task 0 workshop will be a part of the Site Assessment and Field Observations subtask. All of the facilities (Group 1, Group 2, and Group 3) identified in Figure 1 will be included in the site investigation. An emphasis will be placed on the investigation of structures (building and non-building) as opposed to mechanical and electrical equipment and systems. Work conducted as part of this task will include: Subtask A: Preparation 1)Review available documents including plans, design calculations, specifications, structural reports, and equipment submittals. This review will be utilized to determine the extent of the existing information and what additional information will need to be gathered to conduct the facility evaluations. Pertinent documents will be located, and copies will be provided, by CITY. 2)Review and evaluate available geotechnical information including soils reports, geologic maps, boring logs, and seismic hazard maps. Develop a consistent geotechnical baseline by which to evaluate seismic hazards, such as liquefaction and strong ground-shaking. Develop preliminary geotechnical design criteria by which to evaluate the existing facilities and perform conceptual design for retrofit alternatives. This work will include evaluation of soil profile type(s), near source factors, and seismic source types that are necessary to compute seismic coefficients for the development of code based acceleration response spectra. 3)Identify materials sampling and testing that will be required to establish construction material engineering properties. The costs of the actual sampling and testing shall be ona cost reimbursable basis independent of the engineering services budget for the project. 4)Inventory the facilities. The facilities will be grouped into a total of three categories: a) Building structures b) Non-building structures (e.g., concrete liquid containing structures, steel tanks, steel framework supporting equipment, etc.) c) Mechanical and electrical components and systems (e.g., pumps, MCCs, piping, etc.) 5) Assign a required level of performance for each facility and its components. Subtask B: Site Assessment and Field Observations 1)Conduct a walkthrough screening of the facilities to identify possible deficiencies. The Tier 1 evaluation procedures of ASCE 31-03 will be used as a guideline in the screening of buildings and some non-building structures. For the screening of the remaining non-building structures and the mechanical and electrical components and systems, documents like ASCE’s Seismic Screening Checklists for Water and Wastewater Facilities (Technical Council on Lifeline Earthquake Engineering Monograph No. 22 (TCLEE No. 22)) will be used as a guideline. 2)Verify the information obtained from the review of the available facility documents (Task 1, Subtask A) and determine if any additional information is required to conduct the evaluations. 3)Gather information on the sizes and details of structural members, connections and mechanical and electrical components and systems. 4)Observe existing foundation conditions where possible and check for evidence of site settlement. If necessary, determine the location of required foundation test pits to assess concealed foundation conditions requiring assessment. The costs of the excavation and other work associated with the test pits will be on a cost reimbursement basis independent of the engineering services budget for the project. 5)Identify lateral force resisting and vertical load carrying structural components and provide an initial evaluation of their condition. These systems may include roof and floor framing, walls, columns, and foundations. Observed structural damage or deficiencies will be noted including cracks in framing.members, excessive deflections and displacements, deterioration, failed connections, repairs, modifications, corrosion, etc. 6) Identify physical testing that may be required to determine structural adequacy. 7) Document the existing facilities and components with photographs and notes. Task 2: Evaluation The facilities will be evaluated for general condition, deterioration, corrosion, foundation concerns, and increased lateral earth pressure due to seismic effects. The design stress levels ofstructural framing, equipment supports, etc. will be compared to code allowed values. The goal of the evaluations will be to develop engineering opinions as to the current overall condition of the facilities, the performance of the facilities in the event of earthquake ground motion, and the remaining useful life of the facilities. Facility evaluations will be performed in accordance with the prioritization methodology developed as part of Task 0. The extent of the evaluations that may be needed is dependent upon the findings of Task 1, Site Investigation. Some evaluations, such as sloshing analyses, will be conducted regardless of the Task 1 findings. However, if facilities are not identified as deficient as part of the Task 1 investigation, then additional evaluations are not necessary for those facilities. The extent of the evaluations will be limited based upon the budget for Task 2. Evaluations will be done according to the three facility categories identified as part of Task 1, Subtask A, as follows: Category A: Analyses of building structures, including architectural non-structural components. The Tier 2 and Tier 3 evaluation procedures of ASCE 31-03 will be used as a guideline for these analyses. Category B: Analyses of non-building structures. These analyses will include sloshing analyses of liquid containing structures in accordance with ACI 350.3 or AVWVA.D-100. They may also include analyses commensurate with the methodologies of ASCE 31-02 Tier 2 and Tier 3, the 2001 California Building Code, or ASCE 7-02 (Minimum Design Loads for Buildings and Other Structures). Category C: Analyses of mechanical and electrical components and systems. These analyses will include those commensurate with the methodologies of the 2001 California Building Code or ASCE 7-02. Task 3: Conceptual Retrofit Desiqn and Recommendations No work will be conducted as part of Task 3 in Phase 1. Task 4: Report This task will entail the preparation of a summary report of the assessments conducted as part of Phase 1. The report will be initially prepared in draft form and four copies will be submitted to CITY for review and comment. CITY’s comments will then be incorporated into the report and the report will be finalized. A total of six copies and one wet-stamped original of the final report will be submitted to CITY. The report will include the following: 1)A summary of the program policies developed as part of the Program Development task and a copy of the technical memorandum prepared as part of that task. 2) 3) The scope of the study and its findings. An overview of the analyses performed and copies of associated calculations. This will include a description of each facility evaluated, the condition of the facility, and the deficiencies found. 4) Copies of materials test results. 5)Recommendations on which facilities should be considered for the development of a conceptual retrofit designs. 6) An estimate of the remaining useful life of each facility evaluated. Task 5: Meeting_s Meetings and/or workshops will be held with CITY staff as a working forum for distributing information and making decisions. One meeting/workshop would be held during each of the following Tasks: Task 0 - Program Development Task 1 - Site Investigation Task 2 - Evaluation Task 4 - Report Preparation In addition, CITY staff will participate in the site investigation work, especially the walkthrough screenings. Task 6: Additional Services CITY may desire other engineering services in addition to, or supplemental to, the services delineated in the other project tasks. These services will be identified and negotiated as the project progresses and will not be conducted without express authorization from CITY. The extent of the additional services will be limited based upon the budget for Phase 1, Task 6. Task 7: Project Manaqement Services to be provided as part of this task include: 1 Communication with CITY’s Project Manager to keep CITY informed of the project activities and progress, and to coordinate on-site activities. 2) Managing the project team resources and monitoring the project progress. 3) Tracking the project budget and preparing invoices for services provided. 4)Implementing quality control measures and coordinating quality assurance reviews. PHASE 2 Task 0: Proqram Development This task will primarily involve conducting a workshop with CITY RWQCP staff to review the policies developed during Task 0 of Phase 1. Work will include: 1)Review and evaluate the policies developed during Task 0 of the previous project Phase to determine if, based upon the work performed as part of the previous Phase, changes need to be made to the policies. 2) Review and agree upon the scope of work to be conducted as part of Phase 2. 3)Prepare a technical memorandum that documents any changes to the policies agreed upon as part of the workshop and the scope of the Phase 2 work. Task 1: Site Investiqation This task will include work similar to that conducted as part of Task 1 in Phase 1. Facilities included in this task will be those that were not included in Task 1 of Phase 1, or those facilities determined as a part of Phase 1 to need additional investigation. The facilities to be evaluated shall be those identified as part of Task 0. Task 2: Evaluation The work performed as part of this task will, in essence, be a continuation of the work performed as part of Task 2 of Phase 1. The facilities that will be evaluated as part of this task will be agreed upon as part of Task 0. The extent of the evaluations will be limited based upon the budget for Phase 2, Task 2. Task 3: Conceptual Retrofit Design and Recommendations Task 3 work will involve the following: 1)Implement the project prioritization methodology to determine the order for developing conceptual retrofit designs and recommendations. 2)Develop retrofit alternatives for the deficiencies found as part of the Site Investigation and Evaluation Tasks conducted as part of Phase 1 and Phase 2. This would include deficiencies found in all facility categories: buildings, non- building structures, and mechanical and electrical components and systems. 3)Meet with CITY staff to review the retrofit alternatives and agree upon preferred alternatives. 4)Develop conceptual level retrofit designs based upon the agreed upon preferred alternatives. This would include: a)Conducting analyses of the retrofit designs sufficient to confirm their size, scope, and adequacy. b) Evaluating the need, based upon regulatory code requirements, for collateral upgrades such as those related to disabled access, fire/life safety, occupational safety, etc. c) Preparing conceptual level sketches showing the proposed retrofits. d) Preparing conceptual level estimates of probable construction costs for each of the proposed retrofits and any associated collateral upgrades. The amount of work required to develop conceptual retrofit designs and recommendations is dependent upon the findings of Tasks 1 and 2 in both Phases 1 and 2. The actual scope of work included in Task 3 will be negotiated with CITY and will be limited based upon the budget for Phase 2, Task 3. Task 4: Report This task will entail the preparation of a summary report of the assessments conducted as part of Phase 2. The report will be initially prepared in draft form and four copies will be submitted to CITY for review and comment. CITY’s comments will then be incorporated into the report and the report will be finalized. A total of six copies and one wet-stamped original of the.final report will be submitted to CITY. The report will include the following: 1)A summary of the changes made to the program policies as agreed upon as part of the Program Development task and a copy of the technical memorandum prepared as part of that task. 2)The scope of the study and its findings. 3)An overview of the analyses performed and copies of associated calculations. 4)Copies of materials test results. 5)Recommendations on which facilities included in the Task 1 and Task 2 investigations and evaluations should be considered for the development of conceptual retrofit designs during Phase 3. 6)Summaries of the proposed retrofit designs developed during Phase 2 including associated conceptual level sketches and conceptual level estimates of probable construction costs. 7) A proposed schedule for implementation of the proposed retrofit designs. 8)Recommendations for additional investigations to be performed as part of the final design of the proposed retrofits. 9) An estimate of the remaining useful life of each facility evaluated. Task 5: Meetings Meetings and/or workshops will be held with CITY staff as a working forum for distributing information and making decisions. One meeting/workshop would be held during each of the following Tasks: Task 0 - Program Development - Task 1 - Site Investigation Task 2 - Evaluation Task 3 - Conceptual Retrofit and Design Task 4 - Report Preparation In addition, CITY staffwill participate in the site investigation work, especially the walkthrough screenings. Task 6: Additional Services CITY may desire other engineering services in addition to, or supplemental to, the services delineated in the other project tasks. These services will be identified and negotiated as the project progresses and will not be conducted without express authorization from CITY. The extent of the additional services will be limited based upon the budget for Phase 2, Task 6. Task 7: Proiect Management Services to be provided as part of this task include: 2) 3) 4) Communication with CITY’s Project Manager to keep CITY informed of the project activities and progress, and to coordinate on-site activities. Managing the project team resources and monitoring the project progress. Tracking the project budget and preparing invoices for services provided. Implementing quality control measures and coordinating quality assurance reviews. PHASE 3 Task 0: Proqram Development This.task will primarily involve conducting a workshop with CITY RWQCP staff to review the policies developed and revised during Task 0 of Phases 1 and 2. Work will include: 4)Review and evaluate the policies developed during Task 0 of the previous project Phases to determine if, based upon the work performed as part of the previous Phases, changes need to be made to the policies. 5) Review and agree upon the scope of work to be conducted as part of Phase 3. 6)Prepare a technical memorandum that documents any changes tothe policies agreed upon as part of the workshop and the scope of the Phase 3 work. Task 1: Site Investiqation This task will include work similar to that conducted as part of Task 1 in Phases 1 and 2. Facilities included in this task will be those that were not included in Task 1 of the previous Phases, or those facilities determined as a part of the previous Phases to need additional investigation. The facilities to be evaluated shall be those identified as part of Task 0. Task 2: Evaluation The work performed as part of this task will, in essence, be a continuation of the work performed as part of Task 2 in the previous project Phases. The facilities that will be evaluated as part of this task will be agreed upon as part of Task 0. The extent of the evaluations will be limited based upon the budget for Phase 3, Task 2. Task 3: Conceptual Retrofit Desiqn and Recommendations Task 3 work will involve the following: 1)Implement the project prioritization methodology to determine the order for developing conceptual retrofit designs and recommendations. 2)Develop retrofit alternatives for the deficiencies found as part of the Site Investigation and Evaluation Tasks conducted as part of Phase 2 and Phase 3. This would include deficiencies found in all facility categories: buildings, non- building structures, and mechanical and electrical components and systems. 3)Meet with CITY staff to review the retrofit alternatives and agree upon preferred alternatives. 4)Develop conceptual level retrofit designs based upon the agreed upon preferred alternatives. This would include: a) Conducting analyses of the retrofit designs sufficient to confirm their size, scope, and adequacy. b) Evaluating the need, based upon regulatory code requirements, for collateral upgrades such as those related to disabled access, fire/life safety, occupational safety, etc. c) Preparing conceptual level sketches showing the proposed retrofits. d) Preparing conceptual level estimates of probable construction costs for each of the proposed retrofits and any associated collateral upgrades. The amount of work required to develop conceptual retrofit designs and recommendations is dependent upon the findings of Tasks 1 and 2 in both Phases 2 and 3. The actual scope of work included in Task 3 will be negotiated with CITY and will be limited based upon the budget for Phase 3,Task 3. Task 4: Report This task will entail the preparation of a summary report of the assessments conducted as part of Phase 3. The report will be initially prepared in draft form and four copies will be submitted to CITY for review and comment. CITY’s comments will then be incorporated into the report and the report will be finalized. A total of six copies and one wet-stamped original of the final report will be submitted to CITY. The report will include the following: 1)A summary of the changes made to the program policies as agreed upon as part of the Program Development task and a copy of the technical memorandum prepared as part of that task. 2)The scope of the study and its findings. 3)An overview of the analyses performed and copies of associated calculations. 4)Copies of materials test results. 5)Summaries of the proposed retrofit designs developed during Phase 3 including associated conceptual level sketches and conceptual level estimates of probable construction costs. 6) A proposed schedule for implementation of the proposed retrofit designs. 7)Recommendations for additional investigations to be performed as part of the final design of the proposed retrofits. 8) An estimate of the remaining useful life of each facility evaluated. Task 5: Meetinqs Meetings and/or workshops will be held with CITY staff as a working forum for distributing information and making decisions. One meeting/workshop would be held during each of the following Tasks: Task 0 - Program Development Task 1 - Site Investigation Task 2 - Evaluation Task 3 - Conceptual Retrofit and Design Task 4 - Report Preparation In addition, CITY staffwill participate in the site investigation work, especially the walkthrough screenings. Task 6: Additional Services CITY may desire other engineering services in addition to, or supplemental to, the services delineated in the other project tasks. These services will be identified and negotiated as the project progresses and will not be conducted without express authorization from CITY. The extent of the additional services will be limited based upon the budget for Phase 3, Task 6. Task 7: Proiect Management Services to be provided as part of this task include: 5)Communication with CITY’s Project Manager to keep CITY informed of the project activities and progress, and to coordinate on-site activities. 6) Managing the project team resources and monitoring the project progress. 7) Tracking the project budget and preparing invoices for services provided. 8)Implementing quality control measures and coordinating quality assurance reviews.