HomeMy WebLinkAbout2004-01-12 City CouncilCity of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS 1
DATE:JANUARY 12, 2004 CMR:101:04
SUBJECT:ADOPTION OF THE MITIGATED NEGATIVE DECLARATION
AND APPROVAL OF THE PROJECT RECOMMENDATIONS FOR
THE MOUNTAIN VIEW / MOFFETT AREA WATER RECYCLING
FACILITY
REPORT IN BRIEF
This report requests that Council adopt a Mitigated Negative Declaration and approve the
recommendations for the Mountain View - Moffett Water Recycling Facility Project
(Project). Under the proposed Project, the Palo Alto Regional Water Quality Control
Plant (RWQCP) would construct a recycled water delivery pipe to Mountain View, north
of Highway 101, and extend the pipeline to the Moffett Field Area.
The pipeline would restore recycled water service to Shoreline Golf Links and serve up to
1,200 acre-feet per year of recycled water for landscape irrigation in the City of Mountain
View north of Highway 101 and the Moffett Field Area. The pipeline could also provide
future supply of recycled water to potential sites in the cities of Palo Alto and East Palo
Alto. The recommendations of this staff report would lead to the construction of the
Project in the preferred pipe alignment that stays mainly in city streets, to be funded by
the State, the RWQCP, and the City of Mountain View. The Palo Alto Utilities
Department is also considering requesting that the Council approve an enterprise fund
contribution for the project.
CMR: 101:04 Page 1 of 7
RECOMMENDATIONS
Staff recommends that Council:
1.Adopt the Mitigated Negative Declaration (MND) for the Mountain View / Moffett
Water Recycling Facility Project;
Approve the Project including the preferred Project pipe alignment along
Embarcadero Road and East Bayshore Road; and direct staff to proceed with the
funding, institutional, and user agreements and return to Council with the necessary
agreements for final approval; and
3.Direct staff to proceed with the application for the State grant; and return to Council
with the resolution for the authorization to file the application for the grant.
BACKGROUND
The City of Palo Alto operates the RWQCP for the cities of Mountain View, Los Altos,
Palo Alto, East Palo Alto Sanitary District, the Town of Los Altos Hills, and Stanford
University. The RWQCP Water Reuse Program has historically brought a reliable,
drought-proof supply of recycled water to irrigate several parks and golf courses in the
cities of Palo Alto and Mountain View. The program is in the midst of a new task, the
Mountain View - Moffett Area Water Recycling Facility Project. The goal of the project
is to restore the recycled water service to Shoreline Golf Links and to extend the pipeline
to the Mountain View / Moffett area. The new pipeline will ensure a sustainable water
supply for previous and new landscape irrigation sites north of Highway 101 and in the
Moffett field area (the project area). To minimize cost, the RWQCP has been diligently
seeking outside funding. In June 2003, the RWQCP received a $150,000 matching gant
from the State to prepare the Mountain View - Moffett Water Recycling Facility Plan.
The State deadline for the completion of the plan is February 28, 2004.
DISCUSSION
On June 23, 2003, Council approved the project to prepare the MV-Moffett Field Area
Water Recycling Facility Plan (CMR: 327:03). The Plan investigates the environmental
impact, reuses, pipe route alternatives, cost estimates, and funding/institutional
arrangements of recycled water for landscape irrigation in the project area. The Plan is
complete except for the funding/institutional arrangements. The arrangements have been
discussed at staff level. Official arrangements cannot proceed until Council adopts the
mitigated negative declaration and approves the Project and the recommendations in this
report.
Environmental Analysis
A scoping meeting was held on September 24, 2003 to solicit public input on the project.
Those who attended the meeting provided input and expressed support. Following the
scoping meeting, an initial environmental evaluation checklist was prepared for the
project. Based on the initial evaluation, it was determined that the Project would not
CMR:101:04 Page 2 of 7
have a significant effect that cannot be mitigated, and that a mitigated negative
declaration (MND) should be prepared for the Project.
On October 30, 2003, in accordance with the California Environmental Quality Act
(CEQA), copies of the draft MND were sent to the State Clearinghouse for distribution to
various State and local agencies for comment. Copies of the MND were also placed in
various locations in the city for public review, including all City libraries, the Regional
Plant, the Development Center, and the Planning & Community Environment
Department (P&CE) in the Civic Center. A public meeting was held on November 19,
2003 to hear public comments on the MND. The notice of availability and intent to adopt
the MND and of the public meeting was published in the Palo Alto Weekly and the
Mountain View Voice. The public review period of 30 days ended on December 2, 2003.
Letters of support for the Project and its accompanying MND were received from the
Sierra Club, Clean Water Fund, and a resident of Mountain View. The comments
received are generally related to construction issues. Section 3 of the MND provides a
summary of the mitigation measures and the mitigation-monitoring plan. The monitoring
plan identifies the implementation procedures, monitoring and reporting actions,
monitoring responsibility, and the monitoring schedule. The mitigation measures and
monitoring plan will become part of the project and are required upon project approval.
The final MND, including the comments and responses to comments, is Attachment B to
this report.
The Planning and Community Environment Department staff has also conducted a Site
and Design review for the project. The first segment of the pipeline in the preferred
alignment, beginning at the Regional Plant and heading towards East Bayshore Road,
along Embarcadero Road is located within an area zoned Public Facility with Site and
Design Overlay (PF(D)). Under the provisions of the Palo Alto Municipal Code Chapter
18.99, the Director of Planning and Community Environment has administratively
approved the Site and Design for the project. The Director’s decision was published in
the Palo Alto Weekly on December 4, 2003, and placed in the City Council packet on
December 11, 2003. As no appeal was filed, the decision of the Director became final on
December 29, 2003.
Staff recommends that Council adopt the MND and approve the preferred alignment.
Reuse Sites
The investigation found a high concentration of potential recycled water reuse sites
within the project area. The reuses in this area are landscape irrigation at the Shoreline
golf links and park, Shoreline-area Business Park, median and highway interchange, and
Moffett Field. A conservative estimate reported an annual average of 1200 acre-feet of
reuse in this area.
This pipeline would be the backbone of the RWQCP recycled water system that
ultimately could serve new customers within the RWQCP service area including the
CMR: 101:04 Page 3 of 7
cities of Palo Alto and East Palo Alto. The long-term projection of reuse to be served by
this pipeline is estimated to reach an annual average of 3000 acre-feet.
Preferred Pipe Alignment
A new pipeline is proposed for construction from the RWQCP to the Moffett Field area.
The existing deteriorated pipeline that extends across the Baylands to the Shoreline Golf
Links would be abandoned in place. No work or new construction is proposed in or
across the Baylands. The proposed preferred pipeline alignment can best be described by
dividing it into three segments:
The first segment begins at the RWQCP and goes to East Bayshore Road, north of
Highway 101. The pipe will go down Embarcadero Road, then turn onto East Bayshore
Road. The impact is mainly on the traffic at the Embarcadero/Bayshore intersection
during construction. To mitigate the impact, staff proposes to construct the pipe at the
intersection during nighttime hours between 9:00 PM and 6:00 AM. The proposed
mitigation measure is acceptable to the Police Depal~ment/Traffic Division. Two other
alignments, closer to the Baylands, were also evaluated and discussed in the final
mitigated negative declaration. The Embarcadero Road alignment is preferred over the
other alignments because it poses no impact to the Baylands and offers the best potential
for the future. Both cities of Palo Alto and East Palo Alto would be better served from
this pipe alignment should future connections be desired. The proposed pipe size for this
segment is 30-inch. If the Palo Alto Utilities Department does not participate in funding
the Project, then the pipe size will be reduced to 24-inch which would be sufficient for
the cities of Mountain View and East Palo Alto only. The Palo Alto Utilities Department
will discuss the Project with the Utilities Advisory Commission on January 14, 2004, and
will be recommending participation in the Project to the Council through the budget
process by requesting $1 million be added to the FY 04-05 and FY 05-06 budgets for a
total contribution of $2 million to the Project.
The second segment of the pipe will run along East Bayshore Road the entire length until
it reaches Garcia Avenue in Mountain View. No alternate pipe route was identified or
evaluated for this segment. The pipe size for this segment is 24-inch.
The last segment of the pipe is in the City of Mountain Viewl Staff worked with the City
of Mountain View to identify reuse sites and pipe routes. This segment of the pipe will
stay in the streets in Mountain View, generally following the reuse sites based on
discussions and recommendations from the city of Mountain View staff. The pipe size of
this segment will start at 24-inch and reduce to 18-inch after Shoreline. There will be
small distribution pipes (6 to 8 inches) branching off from the main pipe to the customers.
Funding and Institutional Arrangements
This prqiect includes all components needed to deliver the recycled water to the end
users. The estimated cost of $16 million for the proposed project include the costs for the
CMR:101:04 Page 4 of 7
design, construction, and the right-of-ways for the main pipe, the distribution laterals to
the customers, and customer retrofits.
This project will help meet the goals of several agencies/cities including the State, the
Santa Clara Valley Water District, the RWQCP, and the City of Mountain View. It could
also serve the cities of Palo Alto and East Palo Alto. Cost sharing could correspond to
the perceived benefits to each agency/city as summarized below.
This project helps extend the State’s water supply and improve the reliability of the
State’s water system. The project is on the priority list for a grant from the State Water
Resources Control Board. The State typically will finance 25% of the
design!construction costs of recycled water facilities up to $5 million. Because of the
complexity of the regional aspect of this project and the potential environmental benefits,
staff hopes the State will agree to cover a higher percentage of the costs. This project is
also on the priority list for a low interest loan from the State Revolving Fund.
This project will reduce the RWQCP discharge to the South Bay and help the Plant meet
its discharge permit obligations. The RWQCP has set aside funding for the maintenance
of its water reuse program. If this project moves forward, the RWQCP has planned to
cover $2 million of the project costs over the next two fiscal years.
The primary use sites of the recycled water from this project are in the City of Mountain
View. The City of Mountain View and the Santa Clara Valley Water District are very
supportive of the project, including the potential of financial support for the project. City
of Mountain View staff is waiting for the Palo Alto Council determination on the
mitigated negative declaration and approval of the project before submitting
recommendations to its Council.
Upon Council adoption of the mitigated negative declaration, approval of the project and
the recommendations in this report, staff will proceed with the funding and institutional
agreements. Staff will return to Council with the final financial plan, funding
agreements, user agreements, and the resolution for the State grant. It is anticipated that
the cost sharing would be as shown below:
State RWOCP Mtn. View Palo Alto Total
$3.8m.$2m.$8.2m.$2m.$16m.
ALTERNATIVES TO STAFF RECOMMENDATION
The RWQCP could develop a project to repair the existing deteriorated recycled water
pipe to Shoreline. The repair project is not recommended because of environmental
concerns. The existing pipe lies in an easement in the Baylands. If approved by Council,
the repair would require the use of heavy equipment, trucks, and cranes in areas adjacent
to sensitive habitat areas. The repair would restore recycled water service to Shoreline
Golf Links. However, the new reuse sites in Mountain View and the Moffett field area
CMR:I01:04 Page 5 of 7
will not be able to receive any recycled water from the RWQCP since the pipeline does
not reach those areas. If the recycled water service to Shoreline is not restored, the
plant’s ability to meet its discharge requirements will be hampered.
RESOURCE IMPACT
The estimated total cost of the project is $16 million; with $0.8 million already approved
in the 2003-04 CIP Budget. Funding will come from the State and participating agencies
as follows:
$3.8 million from the State Water Resource Control Board (SWRCB): This
project is on the priority list of SWRCB. There is great likelihood that this grant
will be approved since the State has already provided a grant of $150,000 for the
study.
$2 million from the RWQCP partners: Palo Alto’s share ($0.7 million) was
already included in the 2003-04 Adopted and 2004-05 proposed CIP Budget (WQ-
04010).
$8.2 million from the City of Mountain View: A significant cost of the project
will be paid by the City of Mountain View since this City is the primary
beneficiary of the project.
$2 million from the City of Palo Alto Utilities Department Water Fund and/or
Wastewater Collection Fund: This portion could be funded through a low interest
loan from the State Revolving Fund or through the Rate Stabilization Reserve. It
is not yet known whether use of the Rate Stabilization Reserve will trigger a rate
increase.
Staff will return to Council when the funding plan and financial plan is finalized.
POLICY IMPLICATIONS
The recommendations of this staff report are consistent with City policies.
TIMELINE
Applications for State grant & loan
Final design
Construction
Recycled water service to old and new reuse sites
March ’04 - June ’04
July ’04 - Jan ’05
June ’05 - Jan ’06
Summer of’ 06
ENVIRONMENTAL REVIEW
A mitigated negative declaration (MND) was prepared in accordance with CEQA for the
Project. The MND identified the potential impact and provided mitigation measures.
The Planning and Community Environment Department has reviewed and found the
MND adequate under CEQA. The final MND to be adopted by Council is attached.
CMR:I01:04 Page 6 of 7
ATTACHMENTS
Attachment A: CMR:327:03
Attachment B: IS/MND (Councilmembers only)
PREPARED BY:
DEPARTMENT HEAD:
Daisy Stark, Senior Engineer RWQCP
Elizabeth Young, Senior Planner, P&CE
John Lusardi, Assistant Planning Official, P&CE
William Miks, Manager RWQCP
Phil Bobel, Manager Environmental Compliance
Director of Planning and
Environment
GLENN S. ROBERTS
Director of Public Works
Community
CITY MANAGER APPROVAL:
EMIL~ARI~--SON
Assistant City Manager
CMR:I01:04 Page 7 of 7
ATTACHMENT A
TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
1 2CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
JUNE 23, 2003 CMR:327:03
APPROVAL OF CONTRACT WITH RAIN~ES, MELTON, &
CARELLA, INC. IN THE AMOUNT OF $300,000 FOR THE
PREPARATION OF A WATER RECYCLING FACILITY PLAN
FOR THE SOUTHERN REGION (MOUNTAEN VIEW-MOFFETT)
OF THE REGIONAL WATER QUALITY CONTROL PLANT
SERVICE AREA - A PROJECT 50% FUNDED BY THE STATE OF
CALIFORNIA
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Raines,
Melton, & Carella, Inc. in the amount of $300,000 for the preparation of a Water
Recycling Facility Plan for the southern region (Mountain View-Moffett) of the
Regional Water Quality Control Plant (RWQCP) service area.
2.Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Raines, Melton, & Carella, Inc. for related,
additional but unforeseen work, which may develop during the project, the total
value of which shall not exceed $30,000.
BACKGROUND
The RWQCP wastewater discharge permit requires that the plant maintain its reclaimed
water facility and reclaimed water delivery to several existing reuse sites, including the
Shoreline golf links at Mountain View. However, the existing reclaimed water pipeline
to Shoreline has deteriorated beyond repair and must be replaced in order to maintain
service. The RWQCP needs to perfbrm a study to investigate an environmentally sound
project to replace the broken pipe because the existing pipe lies in an environmentally
sensitive marshland. The replacement pipe will be up-sized in anticipation of future
reuse opportunities in Mountain View and Moffett Field. The potential additional reuse
qualifies the RWQCP to apply for State funding.
Council adopted a resolution and authorized staff to file an application for a State want in
the amount of $150,000 for funding 50% of the Mountain View-Moffett water recycling
CMR:327:03 Page 1 of 3
Bid Name
Proposed Length of Project
Number of Bids Mailed to Contractors
Number of Bids Mailed to Builder’s
Exchanges
Total Days to Respond to Bid
Pre-Bid Meeting?
Number of Company Attendees at Pre-Bid
Meeting
Number of Bids Received:
Bid Price Range
Summary of Bid Process
Soil Filter and Piping Project
8 months
5
Not applicable (specialty project)
29
Yes
4
3 (two valid, one withdrawn)
$323,700 to $337,500
A notice inviting formal bids for the Soil Filter and Piping Project was sent on May 13,
2003 to five contractors and posted at City Hall. The bidding period was 29 days. A
mandatory pre-bid meeting was held on May 27, 2003. Four bidders attended the
meeting. Bids were received from three qualified contractors on time on June 10, 2003
as listed in the bid summary (Attachment B). Contractors not responding indicated that
they did not submit a bid because subcontractors they needed would make their bid price
uncompetitive.
Bids received ranged from $323,700 to $337,500. One bidder withdrew its bid due to
clerical error. Staff has reviewed all bida submitted and recommends that the bid of
$323,700 submitted by Power Engineering Contractors, Inc. be accepted and that Power
Engineering Contractors, Inc. be declared the lowest responsible bidder. The bid is 0.6
percent below staffs estimate of $325,797. The change order amount of $32,370 (which
equals 10 percent of the total contract) is requested to resolve unforeseen problems and/or
conflicts that may arise during the construction period.
Staff checked references supplied by the contractor for previous work performed and
found no significant complaints. Staff also checked with the Contractor’s State License
Board and found that the contractor has an active license on file.
RESOURCE IMPACT
Funds for the Soil Filter and Piping Project have been appropriated under the FY 2002-
2003 Wastewater Treatment CIP project #8021.
POLICY IMPLICATIONS
Recommendations of this staff report are consistent with existing City policies.
CMR:331:03 Page 2 of 3
This project will result in a design and construction project. The subsequent design-
construct project is included on the State funding priority list. Other funding sources are
also being pursued. The construction of the project may not go forward if the RWQCP is
unable to secure outside funding.
POLICY IMPLICATIONS
The recommendation of this staff report is consistent with City policies.
ENWIRONMENTAL REVIEW
Council has approved the Environmental Impact Report of the RWQCP reclamation
progam in 1998. Additional environmental document will be prepared as part of this
project per the California Environmental Quality Act.
ATTACHMENTS
Attachment A: Contract
Attachment B" Consultant List
PREPARED BY:Daisy Stark, Senior Engineer RWQCPWilliam ; Miks, Manag~ RWQCP
DEP~ad~TMENTHEAD:x~_~_~-~-- .~ ~
GLElx,rN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CMR:327:03 Page 3 of 3
ATTACHMENT A
CONTRACT NO.
BETWEEN TEE CITY OF PALO ALTO AND
RAINES, MELTON & CARELLA, INC.
FOR CONSULTING SERVICES
This Contract No.is entered into ,
by and between the CITY OF PALO ~TO, a chartered city and a
municipa! corporation of the State of California ("CITY"), and
RAINES, MELTON & CARELLA, INC., a California corporation, !ocated
at 2290 North First Street, Suite 204, San Jose, CA 95131
("CONSULTANT").
P.ECITALS:
WHEREAS, CITY .desires certain professiona! 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 ("De!iverables") (Services and De!iverab!es are,
collectively, the "Project"), as more fully described in Exhibit
"A"; and
WHEREAS, CITY desires to engage CONSULTanT, including its
emp!oyees, 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, including in accordance with the terms
and conditions of the State Water Resource Contro! Board Grant
Contract No. 02-719-550-0.
NOW, THEREFORE, in consideration of the. covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION !.TEPdJ
i.i This Contract will commence on the date of its
execution by C<~y=~_, and will terminate upon the commletion of the
Project, unless this Contract is earlier terminated by CITY. Upon
execution of thi~ Agreement, CONSULT9~T shall prepare a schedule
detailing the cri:ical path and timeiine for each task as described
in Exhibit "A" for acceptance by CITY. Upon acceptance of the
schedule, the CITY shal! issue a notice to proceed to CONSULTANT
and CONSULTANT shal! commence work on the Project tasks in
accordance with the schedule and as described in Exhibit "A". Time
is of the essence of this Contract. in the event that the Project
is no: completed within the time r~r=d through any fault of
CONSULTANT, CITY’s city manager will have the option of extending
030616 sdl 0100083
the time schedule for any period of time. This provision will not
preclude the recovery of damages for delay caused by CONSULTANT.
SECT!ON 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS
2.1 The scope of Services and Deliverables constituting
the Project ("Basic Services") wil! be performed, delivered or
executed by CONSULTANT in accordance with the schedule and the
requirements of Exhibit "A".
2.2 CITY may order substantial changes in the scope or
character of the Project, either decreasing or increasing the
amount of work required of CONSULTANT. in the event that such
changes are ordered, subject to the approva! of CITY’s City
Counci!, as may be required, CONSULTANT will be entitled to full
compensation for al! 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
substantia! changes wil! be determined in accordance with the
provisions of this Contract. CITY wi~i notbe liable for the cost
or payment of any change in work, unless the amount of additiona!
compensation attributable to the change in work is agreed to, in
writing, by CITY before CONSULTANT commences the perfo~_~nance of any
such change in work.
2.3 Where the Project entails the drafting and
submission of De!iverab!es, for example, construction plans,
drawings, and specifications, any and al! errors, omissions, or
ambiguities in the De!iverab!es, which are discovered by CITY
before invitations to bid on a construction project (for which the
Deliverab!es are required) are distributed by CITY, wil! be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
2.4 ~my and all errors, omissions, or ambiguities in the
De!iverab!es, which are discovered by CITY after the construction
contract is awarded by CITY, wil! be performed by CONSULTANT, as
fol!ows: (a) at no cost to CITY insofar as those Services,
including the Basic Services or the Additiona! Services, as
described below, or both, wil! 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 Additiona! Services, or both,
will add a direct and substantia! benefit to the construction work
required of the construction contractor. The project manager in
the reasonable exercise of his or her discretion wil! determine
whether the Basic Services or the Additional Services, or both,
wil! contribute minor or substantia! benefit to the construction
work.
030616 sd! 0100083
SECTION 3.
CONSULTANT
QUALIFICATIONS,STATUS,DUTIES OF
3.1 CONSULTANT represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services and De!iverab!es. 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 wil! furnish to CITY for approval, prior to execution of
this Contract, a list of al! individuals and the names of their
emp!oyers or principals to be emp!oyed 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 wil! execute or cause to be
executed, the Project.
3.3 CONSULTANT will assign TOM RICHARDSON as the project
director to have supervisory responsibility for the performance,
progress, and execution of the Project and as the project
coordinator who wil! 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 wil! 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 al! notices which may be necessary and
incident to the due and lawfu! prosecution of the Projec<;
3.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and !oca! laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
-t-~ ed in CONSULTanT’semployed under this Contract and any m=_=~_=__ us
performance of the Services;
3.4.3 At all times observe and co~ly 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
030616 sdl 0]00083
3
3.4.4 Wil! 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 De!iverab!es.
3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract w-ill
become the property of CITY and wil! not be made available to any
individua! or organization by CONSULTANT or its consultants, if
any, without the prior written approva! of the city manager.
3.6 CONSULTANT will provide CITY with twenty (20) copies
of any documents which are a part of the De!iverables upon their
completion and acceptance by CITY.
3.7 if CITY requests additional copies of any documents
which are a part of the De!iverables, CONSULTANT will provide such
additiona! copies and CITY wil! compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for emp!oying or
engaging a!l persons necessary to execute the Project. Al!
consultants of CONSULTANT wil! be deemed to be directly controlled
and.supervised, by CONSULTANT, which wil! be responsible for their
performance, if any emp!oyee or consultant of CONSULT_<NT 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 wil! 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
consu_~=n~s, 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 al! of the following Additiona!
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
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
CON~o~=p.N= and its staff beyond zhose normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be agreed upon by the marz!es subsequent to uh~ execution of
this Contract; and
030616 sd! 0100083
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 Contrac:.
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
D~__ e_ab_es and each phase of work performed by~m~ly manner the =]iv r ]
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 acknow_eages and understands that the
interrelated exchange of_n_~ fo_ma~ ~ion~ among CITY’s various
departments makes it extremely difficult for CITY to firmly
establ£sh the time of each review and approva! task. CITY’s
failure to review and approve within the estimated time schedule
will__ not constitute a default under ~hls’ Contract.
4.3 The city manager will represent CITY for all
purposes under this Contract. DAISY STARK 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 wil! use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
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 wil! pay CONSULTANT a fee not to exceed Three Hundred Thousand
Dollars ($300,000). The amount of compensation will be calculated
in accordance with the schedule set forth in Exhibit "B", on a !mmm
sum per task basis, up to the maximum amount set forth in this
Section. The fees of the consultants, who have direct contractua!
030616 sdl 0100083
5
relationships with CONSULTANT, will be approved, in advance, by
CITY. CITY _~serv~sr= = the right to refuse payment of such fees, if
such prior approval is not obtained by CONSULTANT.
5.1.2 CITY, through its project manager, may
authorize CONSULTANT to perform Additional Services in an amount
not to exceed Thirty Thousand Dollars ($30,~000). Prior to
commencing such Additiona! Services the parties wil! agree in
writing upon an estimated maximum cost for such Additiona!
Services.. Compensation for Additional Services shall be made
based on the hourly rate s~hedu!e set forth in Exhibit "B" or on a
lump sum basis. The rate schedule may be updated by CONSULTANT only
once each calendar year, and the rate schedules will 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 will not be paid for extra work or
changes, inciuding, without limitation, any design work or change
order preparation, which is made necessary on account of
CONSULTA!qT’s errors, omissions, or oversights.
5.2 The schedule of pa]~ents wil! be made as fol!ows:
5.2.7 Payment for 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 umon by the parties as set forth in Exhibit "B"
or within thirty (30) days of submission, in ~_!plmc=~e, of such
requests if_ a schedule of payment is not specified. CITY will make
final payment after CONSULTANT has subm_t~ed al! Deliverab!es,
including, without limitation, reports which have been approved by
the project manager.
5.2.2 Payment for properly authorized Additional
Services wil! be made in mon~h_y progress payments for services
rendered, within thirty (30) days of submission, in " : ’ -~~r ._plmc= ~e, o~
such reGuests
~ 2 3 No ~- ~ ~:"~ ~m’@=@uc~-,ons will be made fromCONSU.~TAN_ s
compensation on account of penalties, ]{ ’ ~ ~_.qumaa~ed damages, or other
s~ms wmnhhe_@ by CITY from navments to general contractors
SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connect=on with the performance of Basic
Services~ and Additional Services pertaining to the Project wil! be
p_~F=,e@, maintained, and retained by CONSULTANT in accordance with
generally accem:ed accounzing principles and wil! be made available
030616 sd] 0100083
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years fol!owing 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 wil! 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 wil! be
Tvdelivered to CITY without additiona! compensation. CI__ wil! have
the right to utilize any fina! and incomplete drawings, estimates,
specifications, and any other documents prepared hereunder by
CONSULTANT, but CONSULTANT disclaims any responsibility or
!~abi!ity for any =!~era~ons or modifications o~ such documents.
SECTION 7. INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, emp!oyees and
agents, from any and al! 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 employees’ negligent acts,
errors, or omissions, or willfu! misconduct, or conduct for which
applicable law may impose strict liability on CONSULT~2{T 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 wil! 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 that may bec@me due hereunder will not be deemed
ro be a waiver of any preceding breach or violation by the other
par~y of any covenant, term, condition or provision of this
Contrac: or of any applicable law or ordinance.
8 2 No pa2~ent, Dar~a~ payment acceptance or partial
acceptance by CITY will operate as a waiver on <he part of CITY of
any o{ its rights under this Contract.
SECTION 9.INSURANCE
9.1 CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full force and e{~ect ~@u.:ng the term of
030616 sdl 0100083
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 insuran.ce business
in the State of California. Am.y and al! consultants of CONSULTANT
retained to perform Services under this Contract wil! obtain and
maintain, in ful! force and effect during the term of this
Contract, identical insurance coverage{ naming CITY as an
additional insured under such policies as required above.
9.3 CertJ ~{ -~_~_c=~es of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates wil! be subject
to the approva! of CITY’s risk manager and wil! contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
the C!TY’s city clerk thirty (30) days’ prior written notice of
~] " ’~ of Pa!o Alto issuch cance±_an!on or alteration, and that the C_~y _
named as an additional insured except in policies of workers’
compensation, employer’s =_~ab~l~t___ y, and professiona! liability
insurance. Current certificates of such insurance wil! be kept on
file at al! times during the term of this Contract with the city
clerk.
9.4 The procuring of such required policy or policies
of insurance wil! not be construed to limit CONSULTANT’s liability
hereunder nor to fulfil! the indemp~ification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT wil! be obligated for the ful! and tota! amount of any
damage, injury, or !oss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or !oss arising after the Contract is terminated or
the term has expired.
S~C~±ON I0 WORKERS’ COMPENSATION
!0.! CONSULTANT, by executing this Contract, certifies
~_~=~ it is aware of the provisions of the Labor Code of the State
of California which require every emp!oyer to be insured against
]~ab{l~tv for workers’ com~ens-~’=~!on or to undertakese=z-~ ~ insurance
in accordance with the provisions of that Code, and certifies that
i< wil! comply with such provisions, as applicable, before
commencing the performance of the Project.
030616 sdl 0100083
PROJECT
SECTION i!. TERMINATION OR SUSPENSION OF CONT~hCT OR
I!.I The city manager may suspend the execution of the
Project, in~who!e or in part, or terminate this Contract, with or
wiihout 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
substantia! 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 wil! be compensated for the Basic Services and
Additiona! Services performed and De!iverab!es received and
approved prior to receipt of written notice from CITY of such
suspension or abandomment, 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 wil! be subject to renegotiation and, if
necessary, approva! of CITY’s City Council. if this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
wil! be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager 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 fol!ows:
11.4.1 For approved items of services, CONSULT~qT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
~...:~ ~ 2 For approved items of services on which _~
notice to proceed is issued by C!TY, but which are not fully
performed, CONSULT~qT wil! 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
=e~=c~ actually rendered bea~s to the services n=~=~=~, for the
ful! performance of that item of service.
OB0616 sm 01000~3
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 te_rmination, CONSULTANT will
deliver to the city manager immediately any and al! copies of the
De!iverab!es, 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 will
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 CONSULTA!qT to fulfil! its obligations under this Contract.
SECTION 12. ASSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT- wil! not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
o~ interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assigrament will not be
deemed to be~ a consent to any -subsequent assignment. Any
assignment made without the approva! of CITY will be void and, at
the option of the city manager, this Contract may be terminated.
This Contract wil! not be assignable by operation of law.
SECTION 13. NOTICES
13.1 Al! 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 Pa!o Alto
Post Office Box 10250
Pa!o Alto, CA 94303
To: RWQCP:Attn:Daisy Stark
RWQCP
2501 Embarcadero Way
Palo Alto, Ca 94303
To CONSULTANT: Attention: Tom Richardson
~hINES, MELTON & CARELLA, INC.
2290 North First Street, Suite 204
San Jose, CA 95131
030616 sd] O]O0093
I0
SECTION 14. CONFLICT OF INTEREST
14.1 in accepting this Contract, CONSULTANT covenants
that it presently has no interest, and wil! not acquire any
interest, direct or indirect, financia! 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 wil! not emp!oy contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one who has or wil! have any financial interest
under this Contract is an officer or employee of CITY; this
provision will be interpreted in accordance with the applicable
provisions of <he Palo Alto Municipa! Code and the Government Code
of the State of California.
SECTION 15.NONDISCRIMINATION
15.1 As set forth in the Pa!o Alto Municipal Code, no
discrimination wil! be made in the emp!oyment of persons under this
bon~_acz because of the age, race, co!or, nationa! or!g!n,
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 al!
requirements of the Palo Alto Municipa! Code pertaining to
nondiscrimination in emp!oyment, 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 fol!ows:
"[Name of Provider] wil! provide CONSULTANT
with a certificate stating that [Name of
Dr~,,~a=~l is currently in compliance with all
_~e~ra_~ and State of -~ ’= ’C=±!~orn~_a laws covering
mrevai!ing wages and nondiscrimination in
employ~nent; and that [Name of Provider] wil!
not discriminate in ~h~ employment of any
~=~son_ ~_ . under this contract because of the age,
race, co!or, nationa! origin, ancestry,
religion, disabi!itv, sexual preference or
gender of such nerson."
15.3 7f CONSULTANT is found in violation of the
nondiscrimination nrovisions of the State of Call=~_o.n_,=~ ~- Fair
Em~!ovment D~cmices Act or similar p~o~=_ions of .~eaera! law or
executive order in the performance of this Contract, m: wil! be in
030616 sd] 0100083
II
default of this Contract. Thereupon, CITY will have the power to
cance! 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 p~rson was subjected to
discrimination, as damages for breach of contract, or both. Only a
finding of the State of California Fair Emp!oyment Practices
Commission. or the equivalent federal agency or~ officer wil!
constitute evidence o~ a breach of this Contract.
SECTION 16.M- ~-- ~..±SC~LLANsOUS PROVISIONS
16.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federa! 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 wil! be effected pursuant to the terms of this Contract.
16.2 Upon the agreement of the parties, any controvemsy
or claim arising out of or relating to this Contract may be settled
by arbitration in accordance with the Rules of the ~erican
Arbitration Association, and judgment upon the award rendered by
<he Arbitrators may be entered in any court having jurisdiction
thereof.
16.3 This Contract w~]] be governed by uh~ laws of the
State of California, excluding its conflicts of law.
16.4 in the event that an action is brought, t-he parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the Unitea 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 suoersedes al! 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.
16.7 All orovisions of this Contract, whether -= - -co~n~s
or conditions, wi!! be deemed to be both covenants and conditions.
030616 sdl 0100083
12
16.8 The covenants, terms, conditions and provisions of
this Contract wil! apply to, and wil! bind, the heirs, successors,
executors, achrLinistrators, assignees, and consultants, as <he 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 unaffec<ed provisions of this Contract
and any amendments thereto wi!l remain in ful! force and effect.
16.10 All exhibits referred to in this Contract and any
addenda, appendices, attacb~ments, 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 wil! be deemed
to be a part of this Contract.
16.11 This Contract may be executed in any number of
counterparts, each of which wil! be an.origina!, but all of which
together wil! constitute one and the same instrument.
16.12 This Contract is subject to the fiscal provisions
of the Charter of <he City of Pa!o Alto and the Pa!o Alto Municipa!
Code. This Contract wil! terminate without any penalty (a) at the
end of any fisca! year in the event chat funds are not appropriated
for the fol!owing fisca! year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of
the fisca! year and funds for this Contract are no !onger
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.
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030616 s~ 0]00083
13
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 Mayor
APPROVED AS TO FORM:
Assistant City Attorney
APPROVED:
Assistant City Manager
RAiNES, MELTON & CARELLA,
INC., a corporation
Director of Administrative
Services
Director of Public Works
Name:
Title:
insurance Review
Atzachment s :
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIB~’~ "D"_,_, :
Taxpayer Identification No.
(Compliance with Corp. Code ~ 313 is
re.~ired 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)
SCOPE OF PROSPECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMBLIANCE FO_RM
030616 sdl 0100083
CERTIFICATE OF ACK~OWLKDSM~2
(Civil Code § 1!89)
STATE OF
COUNTY O F ~’~~
Oni~n~.~{I~ ~r , 20~, before me, the undersigned, a
.~otar~ PoUb!~c said County and State, personally appeared
m~--or oroved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/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
~! sia!.
Signatur~ of Notar, Public
030616 sdl 0100083
15
(Civi! Code § 1189
STATE OF ),ss.
COUNTY OF )
No~ar~,?~bi~k~’~i~fo_ said CoWry
~ proved to me on the basis of satisfactory evidence to be the.
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
before me, the undersigned, a
and State, personally appeared
WITNESS my hand and mffi-~ia
Signatu::e of Notary Public
030616 sdl 0100083
16