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HomeMy WebLinkAbout2004-02-02 City Council (2)TO: City of Palo Alto Manager’s Report FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:FEBRUARY 2, 2004 CMR: 123:04 9 SUBJECT:APPROVAL OF AMENDMENT NO. ONE TO EXISTING CONTRACT NO. S1128584 WITH URS GREINER-WOODWARD-CLYDE, INC. IN THE AMOUNT OF $26,740 TO PROVIDE ENGINEERING DESIGN SERVICES FOR ELECTRICAL AND PLUMBING SYSTEMS ASSOCIATED WITH THE CONSTRUCTION OF AN AUTOMOTIVE WASHING FACILITY RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached contract amendment with URS Greiner-Woodward-Clyde, Inc. (S 1128584) in the amount of $26,740, for a total contract amount of $88,726 to cover the cost ofadditiona! work related to the desi~ of a automotive washing facility at the Municipal Services Center (MSC). BACKGROUND In January 2001, the City Manager approved a contract ~vith URS Greiner-Woodward-Clyde in the amount of $60,748 for the design of an automotive ~vashing facility and its associated wash water treatment system at the MSC. A change order to this contract in the amount of $1,238 was approved in May 2003 to cover the cost of architectural renderings. The new wash facility will replace an existing facility that no longer lneets the City’s needs. The existing facility includes an open wash pad, with no containment system for wash water runoff. The facility is undersized and inefficient, since only one vehicle can be washed at a time. The debris sump clogs very easily, and the recycling system requires an excessive amount of maintenance to keep it operational. The new facility will be fully enclosed, will employ all current best management practices to prevent runoff and storm water contamination, and will be designed to require a minimum of maintenance. The original scope of the work under this contract included surveying the MSC site, analyzing vehicle and equipment washing needs, designing the wash building, performing structural calculations, and selecting the washing and wash water recycling equipment. The original plan for this project included the utilization of a pre-engineered wash w.,ater treatment system, which would recycle the water utilizing a closed-loop process. However, CMR:123:04 Page 1 of 3 after analyzing the usage demands and sizing the equipmem, it was determined that there was no cost-effective, commercially available system that could handle the amount of effluent that this facility will generate. In addition, all of the closed loop systems require a moderate to high degee of maintenance, for which there is little or no available staff time. In order to insure that the closed loop system was properly serviced, Equipment Management would need to outsource the maintenance work to a contractor. This would result in a substantial increase in ongoing operating costs. After discussions with the engineering consultant and the City’s Environmental Compliance Manager, it was determined that the most cost-effective option for water treatment was to construct a solids-collection system that would work in conjunction with an oil/water separator and heavy-metal removal system. The treated water will be discharged to the sanitary sewer. This system will require much less maintenance than a closed-loop treatment system, and will produce an effluent that will still meet the constituent limits of the City’s sanitary sewer discharge permit. " The original contract did not include a requirement for the design of a water treatment system, only the selection of a pre-engineered commercial system. The custom-designed system will require the desig~ of solids collection sumps and weirs, the selection of an oil- water separator, the design of freshwater and wastewater plumbing systems and the connection to a nearby sanitar3, sewer line. The treatment system will also require the desi~_~ of an electrical system to operate various valves, pumps and motors. DISCUSSION The original contract did not require Council approval, and did not include any additional services funds. This amendment is intended to provide funding for the additional services required to custom-design a wash-water treatment system, including the associated plumbing and electrical systems. The existing contractor, URS Greiner-Woodward-Clyde, Inc., was selected for this project through an RFP process. It was the only respondent to the RFP. URS has performed all of the design work to this point. The work required to complete the design, which is covered by this amendment, is integal to the work that has already been completed. Calling in another consultant to complete this work would not be cost-effective. RESOURCE IMPACT Funds for this amendment are available within the FY 2002-2003 Capital Improvement Progam Budget. POLICY IMPLICATIONS Recommendations of this staff report are consistent with existing City policies. ENVIRONMENTAL REVIEW This project is a replacement of an existing facility and is categorically exempt from the California Environmental Quality Act (CEQA) under section 15302 which states that CMR:123:04 Page 2 of 3 replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced be exempt from the provisions of CEQA. ATTACHMENTS Attachment A: Contract Sl128584 Attachment B: Amendment No. One to Contract S 1128584 PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: Fleet Manager GLENN S. ROBERTS Director of Public Works EMILY HARRISON Assistant City Manager CMR: 123:04 Page 3 of 3 BY THIS AGREEMENT MADE AND ENTERED INTO ON THE BY AND BETWEEN THE ~;I’TY OF PALO ALTO "CITY", AND AGREEMENTATTACI-IMgNTA No. ...../ DAY OF -"-1:9. " ~’DATETO BE ENTERED" [BY CIT’Y PURCHASING (ADDRESS)_,-.~, L.~.~.’.-LU~D~.. ~_LL~ ~,tZ.~(CITY) :~%-~..;_~ r"’-PT~"~.~-’R,..(ZIPI ~~(PHONE} 7"~(-)~;_ "CONTRACTOR" ~N coNsIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERE-TO AGREE AS FOLLOWS: ~ CONTRACTOR SHALL PROVIDE.OR FURNISH THE FOLLOWING SPECIFIED 1)~O~DS AND MATERIALS. 21 SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED tN THE EXHIBITS NAMED BEkOW AND ATTACHED HERE-FO AND INCORPORATED HEREIN ~Y THIS REFERENCE: TITLE: [DESCRIPTION).. ~’~.~.~-’~ ,~’[~[ ~t S THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: j ~ ~E SERVICES AND/OR:MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON , AND SHA~BE COMPL~D BEFORE ~~ ~t J ;’../~)] . ~ COMPENSATION FoR THE ~LL PERFORMANCE OF TH~S AGREEMENT: g: CI’f:Y SHALL PAYCONTRACTOR:~O~748 [] CONTRACTOR SHALL PAY CITY: PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE, Cl~ ACCOUNT NUMBER: IKEY CODE OBJECT [ PROJECT PHASE NO.DOLLAR AMOUNT GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH SIDES OF THIS AGREEMENT. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE. HOLD HARMLESS. CONTRACTOR agrees to indamnifl], defend and hold harmless CITY, its Counci! Members, officers, employees, and agents from any and all demands, claims or liability of any nature, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, directors’, employees’ or agents’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liabilib] on CONTRACTOR in the performance of or failure to perform this agreement by GONTRACTO R. ENTIRE AGREEMENT. This agreement and the terms and conditions on the reverse hereof represant the entire agreement between the parties with respect to the purchase and sale of the goods, equipment, materials or supplies or payment for services which may be the subject of this agreement. All prior agreements, reoresantations, statements, negotiations and undertakings whether oral or written are superseded hereby. PROJECT MANAGER .AND REPRESENTATIVE FOR C~TY CONTRACTOR BY TITLE P.O..BOX 10250 PALO ALTO, CA 94303 Telephone ’;:,’~P,~ ,-",’Q~ 6~’,~" SOCIAL SECURITY OR I.R.S, NUMBER INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER CiTY OF PALO A,..., ,,J APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS INi~PPROVAL BOXES BELOW) APPROVAL OVER S25.000 ASSISTANT Cl~ MANAGER RETAIN GREEN COPY APPROVAL OVER ATTEST: " MAYOR ~,O:~:~-~C~. THIS AGREEMENT iS LIMITED TO THE TERMS ’4NO COItD~TIONS ON THE FACE AND BACK HEREOF WHICH INCLUDES ANY REFERENCED. THiS AGREEMENT IS NOT A CONTRACT [2,F EMPLOYMEh~ IN T-HE SENSETHAT THE RELAT.ON "O~ "MASTER AND n=RvAll ...... i EXISTS £~AfEEN~HE CIT~ AND UNDERSIGNED..AT A~ TIMES CONTRACTOR SNA~ BE D~MED TO:5~AN iNDEPENDENT CONTRACTOR AND CONTRACTOR ~S NOT AUTHORIZED TO BiND C~TY TO ANY C~NTP~CTq OR OTHER ~i P ~.- ~"~e TH~S AGREEh~t~. CONTRACTOR CERTiFiES THAT NO mH= WHO u,..~ QE WiLL HAVE A~rY FINANCIAL INTEREST UNDER THIS AGREEMENT !S AN OF:iSER OR EMPLOYEE OF CITY. ~,~.~ANC~-. C~NTRACT’O~ AGREES TO RR©VIDE THE INSURANCE SPECIFIED !N THE "~NSURANCE REQU!REMENTS’ FORM !SSUED iH THE EVENT-SELLER ~S UNABLE TO.SECURE A ~GLiCY ENDQRSE~SENT NAMING THE CIPf OF P~LQ ALTO AS AN ADDIT!O~:~AL Ii’~RED:UNDE~ COMPREHENSIVE GENERAL LIAZ~LIT’i OR COMPREHENSIVE AUTOMOBILE ~OLiCY DR ~OLIC:ES~ CONTRACTORSHA; ~ AT A M~NIMUM. AND DNL’f THE WR;~T,] APPROVAL OF C~’~ R~SK ~:IA~AGER OR DESigNEE, CAUSE EACH SUCH tNSURAMCE ROL~CY DBT,~INED BY .~T TD CONTAHq NON-DtSCR.,’.~2,~NAT,,’ON. i,,n,~ DISCRIMINATION .~m~.L~"’ ’ BE MADE IN EMFLOYt~’iENT OF PERSONS UNDER THIS =,~,~=,.,I=.~T BECAUSE OF THE COLOR. NATIONAL ORIGIN, AGE, ANCESTRY. RELIGION OR S~ OF SUC~p.ERSON. - - . - : .:. - AND SERVICES ~OVERED BY’THIS AGRE~MEXT SHALL CONPORM 70 THE s ....m~IuN ....~=QUI.~M~N a. !NSTRUCT1ON£, O~ ,OTHER TIONS UPON WHICH THiS AGREEMEN~ ]S-BASED. SHA~ BE FiT AND "SUPFICIENT FOR TN~ "PURPC’SE tN~ENDED. OF GOOD MATERIAL. AND _WORKMANSHIP AND- FREE .FROM DEFECt. AND THAT MATERIALS AND SERVICES OF CONZRACTOE’S DESIGN WI~ BE FREE ~ROi~ DEF~ DESIGN. ~==~ -~m "=~’ P- ,~.fM=,.~ O~uon,~r h,Ha, ~llu,~ ~ST.~C~, ,ANon,~’’ " ~’~ ...... ~. c~,-.u=n SHALL A~CT ~u!~ nA~-.~R ~ OBLIGATION UNDER THIS WARRANt’ AND SUCH WARRAP-~iES SHA~ SURVIVE INSPECT!ON_ TEST ACCE~ANCE AND USE. CONTRACTOR:AGR~S TO REPLACE~ RESTORE. OR CORRECT DEFECTS.OF ANY MA~ERIA~ == ....= ......, .....u .......u FOREGOING ’" ~" ’ ~ ~ v W.THO~ EX~NSE TOO~Y;.WHEN NUT’FlED OF SUCH NONCONFORMi~¢ BY AFTER REASONABLE ’~ ~ .....~ .....m ...."~""" SUCH CORREC~OHS OF. PES_ACE SUCH MATER;ALE OR SERYlCES AND CHARGE CONTRAC-TOR FOR ~E COST INCURRED BY THE C~f THEREBY. E!,.!D©RSEME:,iT REDdiRING THIRTY ~’30’: DAYS’ WRi, .-iT~_-N N©TiCE FROM THE !NSURE~ TO-G~ ~EFSRE CANCELLAT~O~ SCOPE OR AMOUNT OF SgCH POLP.DY. 3ONT~ACTOR SHA~ P~OViDE CERTiPtCATES O~ SUCH PDUCIES OF; OTHER TOG~HER WITH. EVIDENCE OF 7AYMEHT OF COt~P4E~4gEMENT OF TH[5 OK =CL~C;E~. ~,tC, T~A~R THAN TWENTY (20}..D~OfS BEFORE ~XR~PAT~CN-OF ~HE TEBMS OF Ably SUCH POLICY. ~R~i~ ~[~: TH~ AGEh]T&. AND ETt~!PLO’/EES ~h] COMNEZIT~CNIWiTH Ai’.]!" E[A~,;A~4~ "_:~.hv~._ ~ .........¯ ....... LIAB~L[Ty:pERSONALiNjURY. D~wROHG=ULDEA,-OHCOVEREDBYANY~R~.,. .~Ef,4PLOYEE TO BE INSURED AGAINSTLIA=~,_,~T’,, FOR WORKER~’ W~H TH~ PROViSiONS ~’: ~" ,~T m~~ ,,,,~.THEE: T z-]ORK OF THiS AGREEMENt.- I 11 I PR~CE [b) ~ARSROBz~&TtON OHARGE£ ANY~RANSPOR~ATiG,! PHAB_SE~ WITH -RESPECT TO WHICH -C G~TRACTOR : IS ENTITLED ~- RECEW£ --=~z q=r, U~O~: WnR~" Q~-"~=~r’TOR~ v ACC’DMFL’,SHED SHA~ BE PAID TO SEPARATE !~,4. WiTH v~= #=~=IE=~. ~= .:~.~ ~, ,.~*. CONTRACTOR.. ._ ~c] CONTRACTOR-:~JABRAN~£ THAT ~-]E PRICES ..... " VARtP.TIONS OF ANY KiND ARE=.~ "~ ~’H~.~n~=~’ .....WTHOJT. THE WR~EN "-: L~8 QUANTITIES, IN:EVE~ ~[~R~TOR R~U~=n’ ~’=- ~u~., m~E’~ ~’~ FOR SUCH CONSENT OFTHE ’-T~,~. ’:’*-, ’v~.,~ ......,~=~ .....--". " -. k~A~tADS OR..SERV~CES’DURING>THE TERM OF THIS AC~EEMENT, "REASON~LETJME DURING~E ~RM OF THIS AGREEMENT AND FOR THREE - ’T- . _ ._ ~ ..-’; -’ ~ " -q:¢. ~,~ ,= .....~-,=~_u~ I,,~AGREEMENT. CQf4TRA~ORFURTHERAGREE5 ~.~R==~v~={~7; ~,Ni~.~., AGREES~Q CQMPEY’W~H T~E-BPECIFIC TQ MA~’~TAIN SUCH RECORDS FOR AIT LEAST THREE :3; "~(:~&R8 A~B ~E SCHEDULE PRO:VIDEO BY THE C~T%" Off ACRID UPON "HEREIN .WIT:4OUT TERN4 OF THIS AGREEMENT.DELAY AMD W T:~OUTANT~CIPSZING C~’S’ REQUIREMEHTS. COH%R~.CTOR #.~R==~ NOT TO ~AK£ ~#~ERi~ COMI~iITMENTS O~; OR - ’ ~-’ ~’ , ~p~: ~ -," -THE TiME NECESSARY TO iVlE~T THE SCHEDULE{S) OF THISIAGREEMFN~.~,~. I¢.L .%a~=. I.<!,~C_ #k, O~T~r SHALL OPERAZE ~.~ A W£1VER ON THE .- PART OF C[~Y QF AH"[ OF ~TS RiGHtS UNDER ~4 S AGRE~vIENT.ANY. C~7Y’S PROP~P, TY. T!TLE TO C~TY’£ PROPER.P:." FURNISHED TO CONTRAC~R S~ALL REMAIN ;N TI-, ;E CITY. CONTRACTOR SHALL NOT ALTER OR USE PROFER~/FC.R ANY PURPOSE. OTHER THAN THAT SPECIF{ED 3Y Clef, OR FOR ANY OTHER.PERSON W~DUT THE PRIOR WR!~EN CONSENT QF CI~-[. CONTRACTOR SHAL~ STORE. PROTECT. RRESERVE REPAIR AND MAIb~ !N _SUCH PROPERTY 11,~ ACCORDANCE WIT~ SOUND ~F~QFESSiONAL P~&CTICE. ~ AT CONTRAC~O~’~ ~(PENS~ ....D.O.T. ’,"TaTrant No.Da~_e ,~m~D.i ....~ T TR-ANSPO~TAT~ON. PACKAG~G &. LABEL}!£.’G. ALL MATER!ALS OR SERVICES ARE TC BE PROVIDED: (@ F.O.E. PALO ALTO UNLESS OTHERWISE SPECiFIE~: t~~ WITS .& PACKLNG UST :=-,NCLOSED !l\ CARTONS, WHICH ~NDiCATE THE AGREEMEi,:.’7 NUMBER. EXACT QUANTITY At~D ..,DESCRIPTiONS~ CONCERNP,]G.-AN~/MA.~ERtAL SHIPMEN’rSi:(c~ AND COMPLY w.-rT~CURRENT PACKAGING AND L~BEUNG REQU!REM~TS PRE~CRIEED BY Warran~ He.Date Amc an,.: ATTACHMENT B RESTAT~_AMENT AND AMENDMENT NO. ONE TO AG.~EEM~NT NO. SI128584 BETWEEN THE CiTY OF PALO .ALTO AND URS CORPORATION This Restatement and ~endment of A~reement No. S!128584 ("Agreement") is entered into by and between the C!TY OF PALO ALTO ("CITY"), and URS CORPORATION, a Nevada Corporation dba URS CORPOR~.TION AMERICAS, formerly URS GREINER WOODWARD CLYDE, !NC., a California corporation, with its principal place of business !ocated at !00 California Street, Suite 500, San Francisco, California ("CONTRACTOR"). RECITALS: WH~EREAS, the Agreement was entered into between the parties for the provision of design and engineering services for an automotive washing and water recycling facility ("Project") to be !ocated within City’s equipment maintenance center on 3201 East Bayshore Road, Paio Alto; and WHEREAS, on January 30, 2002, U~S Greiner Woodward-Clyde, !nc. - California and Dames & Moore Ventures, both California corporations, merged into URS Corporation, a Nevada Corporation, which is licensed to do business in California as URS Corporation Americas; and WHEREAS, the compensation for performance of basic services under the contract was increased and the scope of services expanded via a change order in the amount of $1,237.57 to include preparation of renderings; and WHEREAS, additional CONTRACTOR services for the Project are necessary to custom design a wash-water treatment system, including the associated plumbing and electrica! sysnems. The total cost of the additional services is Twenty-Six Thousand Seven Hundred Forty Dollars ($26,740.00); and WHEREAS, work has continued on this contract since January 2, 2001 and the parties wish to continue the contract to June i, 2004 in order to complete the additiona! services; WT-IEREAS, the parties wish to restate and amend the Agreement in its entirety to read as follows: NOW, THEREFORE, in consideration of the covenants, te_~ms, conditions, and provisions of the restated and amended Agreement, the parties agree: // 031117 sdl 0091351 SECTION !. TE~M i.! This Contract will commence on the date of its execution by CITY and will terminate on June i, 2004, unless this Contract is earlier te,~minated by CITY. Upon the receipt of CITY’s notice to proceed, CONTP~CTOR will commence work on the initia! and subsequent Project tasks in accordance with the time schedule set forth in E:ehibit "A". Time is of the essence of this Contract. In the event that nhe Project is not completed within the time required through any fault of C0NTKhCTOR, CITY’s city manager wil! have the option of extending the time schedule for any meriod of time. This provision will not preclude the recover] of damages for delay caused by CONTR~_CTOR. S=C_ .’_ON 2 SCOPE OF PR0u ~.CT; CH~A~GES & CORRECTIONS 2.1 CONTKhCTOR shall perform, deliver and/or execute the scope of Services and De!iverab!es constituting the Project as described in E:£hibit "A~ ("Basic Services") and in E~hibit ,,a-!,, ("Additional Services"). 2.2 CITY may order substantial changes in the scope or cn~ac~r~ -~ ~= of the Project, either decreasing or increasing the amount of work required of CONTRACTOR. In the event that such changes are ordered, subject to the approva! of CITY’s City Counci!, as may be re_cfuired, CONT~hCTOR will be entitled to ful! compensation for al! work performed prior to CONTPS_CTOR’s receipt o£ the notice o~ 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 wil! not be liable for the cost or mayment o~ any change in work, unless the amount of additiona! co.mpensation -~ ’ ~,~rmmu~able to the change in work is agreed to in writing, by CiTY before CONT~hCTOR commences the performance of any such change in work. 2.3 Where the Project entails the drafting and submission of deiiverab!es ("De!iverab!es"), for example, construction plans, drawings, and specifications, any and all errors, omissions, or ambiguities in the De!iverab!es, which are discovered by CITY before invitations to bid on a construction proDect (for "-~-~ ~he m~< ....~7~~~’.~ ’ ~±~r~_~= are re~ired) are ~=~~=~ by CITY, will be corrected by CONTRACTOR at no cost to CITY, provided CITY gives notice to CONT~hCTOR. 2.4 ~m.y and al! errors, omissions, or ambiguities in the De!iverab!es, which are discovered by CITY after the construction contract is awarded by CITY, wil! be perfo_rmed by CONT~hCTOR, 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, will result in minor or nonbeneficial 03II17 sdl 0091351 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 re_quired of the construction contractor. The project manager in the reasonable exercise of his or her discretion wi!l determine whether the Basic Services or the Additiona! Services, or both, wil! contribute minor or substantial benefit to the construction work. SECTION 3. CONTKhCTOR QUALIFICATIONS, STATUS, .~IND DUTIES OF 3.1 CONT~hCTOR represents and warrants that it has the expertise and professiona! qualifications to furnish or cause to be furnished the Services and De!iverab!es. CONT~hCTOR further represents and warrants that the project director and every individua!, including any CONTP~hCTOR (or subcontractors), charged with the perfo_rmance of the Se~gices are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perfo_rm the Services, and that the Project wil! be executed by them or under their supervision. CONTKhCTOR will furnish to CiTY for approva!, prior to execution of this Contract, a list of al! individuals and the names of their employers or principals to be emp!oyed as subcontractors. 3.2 in reliance on the representations and warranties set forth in this Contract, CITY hires CONTRACTOR to execute, and CONTKhCTOR covenants and agrees that it wil! execute or cause to be executed, the Project. 3.3 CONT~hCTOR will assign J~_~ES SHILL as the project director to have supervisory responsibility for the performance, progress, and execution of the Project and as the project coordinator who will represent CONTP,hCTOR 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 approva! of ~he project manager. 3.4 CONTRACTOR represents and warrants that it will: 3.4.1 Procure al! permits and licenses, pay al! charges and fees, and give al! 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 F=dera] State of California and !oca! laws ora2na._ces regulations orders, a__e decrees which mav affect those engaged or 031117 sdl 0091351 employed under this Contract and any materials used in CONTPJ%CTOR’s of the Services; 3 ,1 3 At all times observe and commTv wi~.=.___c__, ~d cause its emp!oyees and subcontractors, 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 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 Deliverab!es. 3.5 ~y De!iverabies given to, or prepared or asse.mb!ed ~.,-my, CONT~hCTOR or ~ts subcontractors, ~f any, under this Contract will become the property of CITY and wil! not be made available to any individual or organization by CONTKhCTOR or its subcontractors, iz an,], w=~hout the mr{or written approva! of the city manager. 3.6 CONTP~A_CTOR will provide CITY with three (3) copies De±lverab±es upon _ __of any documents which are a part of the ~’~_ their completion and acceptance by CITY. 3.7 If CITY requests additional copies of any documents which are a part of the De!iverab!es, CONTRACTOR will provide such additiona! copies and CITY wil! com_mensate CONTPrhCTOR for its duplicating costs. 3.8 CONT~hCTOR will be responsible for employing or engaging all persons necessary to execute the Project. Al! subcontractors of CONTKhCTOR will be deemed to be directly controlled and supervised by CONTKhCTOR, which will be responsible for their performance, if any em_mioyee or CONTPS_CTOR of CONTRACTOR 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 CONTPcACTOR wil! be discharged immediately from further performance under this Contract on demand of the project manager. 3.9 in the execution of the Project, CONTP~CTOR and its subcontractors, if any, wil! at al! times be considered independent con~ract~= ~ not ag~t~ ~~s~y~ ~ ~-. 3.10 CONTPrhCTOR wil! 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: 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; 0311 I"7 sdl 0091351 4 3.10.2 incurring trave! and subsistence expenses for CONT_RACTOR and its staff beyond those normally required under the Basic Services; 3.10.3 Performing any other Additiona! Services that ma~y be agreed upon by the parties subse_cyuent to the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in Ei~ibit "A" to this Contract. 3.11 CONTP~hCTOR will be responsible for employing al! subcontractors deemed necessary to assist CONT~hCTOR in the perfo_rmance of the Services. The appointment of subcontractors must be approved, in advance, by C!TY, in writing, and must remain acceptable to CiTY during the term of this Contract. SECTION 4. DUTIES OF CITY 4.1 CITY wil! furnish or cause to be furnished the services_listed in Exhibit "A" and suc_.~ information regarding its ~=~ ~ __to the Projec~_~_ciu_,emen~s aoo!icab!e -as may be reasonably re_c!uested by CONTKhCTOR. CITY w{17 r=v__w{=- and approve, as necessary, in a timely mam~_er the De!iverables and each phase of work performed by CONTKhCTOR. CITY’s estimated time o~ review and approval will be furnished to CONTPS_CTOR at the time of submission of each phase of work. CONTP~CTOR acknowledges and understands that the interrelated exchange o~ information among CITY’s various dep~_~men~s makes i~ extreme!v difficult for CITY to ~{rmlv establish the time of each review and approval task. CITY’s failure to review and approve within the estimated time schedule wil! not constitute a default under this Contract. 4.3 The cit~/ manager will represent CITY for all purposes under this Contract. KE!TH L~B_iE is designated as the project manager for the city manager. The project manager will supervise the perfo=rmance, progress, and execution of the Project. ~ ~ ~= C!TY -~ ........or -~< ....~- bec~._ ±:~:v~m ~e±wm~e omes aware of any default in the perfo_rmance of CONTP~CTOR, CITY wil! use reasonable efforts to give written notice thereof to CONT.R~_CTOR in a timely manner. // // // 031117 sdl 0091351 SECTION 5. COMPENSATION 5.1 CITY will compensate CONTP~CTOR for the following services and work: 5.1.1 in consideration of the ful! perfo_<m.ance of the Basic Services as described in Exi~ibit "A", including any authorized reimbursable expenses CITY will may CONTPuhCTOR a fee not to exceed Sixty One Thousand Nine Hundred Eighty Five Dollars and ~ty Seven Cents ($61,985.57 The fees of the subcontractors, who have direct contractua! relationships with CONTP:ACTOR, wil! be ammroved, in advance by C!TY CITY _~se_v_s the ~ ~~. ___,_.~ ~--~~-~h~ to refuse pal~ment of such {ees,i~such prior approval is not obtained by CONTRACTOR. 5.1 2 In cons=~era~!on of the full perfo~.~a_nce of the Additional Services as described in E~ibit "~.-~", CITY shall Pal, CONTPuACTOR a lump sum of Twenty Six Thousand Seven Hundred Forty Dollars ($26, 740. 00) . 5.1.3 The full payment of charges for extra work or changes, or both, in the execution of the Project will be made, provided such re_quest for ~aw~ent is initiated by CONT~hCTOR and authorized, in writing, by the project manager. Pa!zment wil! be made within thirty (30) days of submission by CONTP~_CTOR 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 par~ies will agree upon an estimated maximum cost for such extra work or changes. CONT~hCTOR 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 CONTRuhCTOR’s errors, omissions, or oversights. 5.1.4 Direct persom~el expense of employees assigned to the execution of the Project by CONT~hCTOR wil! 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 se~gices rendered during conszruction 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 Pai~ment of the Basic Services and the Additional Services wi]] be made in .... ___ monzn±v mrogress payments in proportion to the quantum of services performed, or in accordance 031 117 sdl 009135! with any other schedule of ma’Tment mutually agreed upon by the marries as set forth in ~ ~’~ "B",__.... Ex~=~!c 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 C!TY after CONT~hCTOR has submitted al! De!iverab!es, including, without limitation, reports which have been approved by the project manager. 5.2.2 No deductions will be made from CONT~hCTOR’s compensation on account of penalties, liquidated damages, or other sums withheld by CiTY from pa!~ents Zo genera! subcontractors. SECTION 6. ACCOU~X~T!NG, AUDITS, OWIqERSHIP OF RECOP~DS 6.1 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic Services and Additional Services pertaining to the Project will be prepared, maintained, and retained by CONT~hCTOR 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 fol!owing the expiration or earlier termination of this Contract. 6.2 The originals of the De!iverab!es prepared by or under the direction of CONTRACTOR 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 CONTKhCTOR. These originals wil! be delivered to CITY without additiona! compensation. CITY wil! have the right to utilize any fina! and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONTRACTOR, but CONT~hCTOR disclaims any responsibility or liability for any alterations or modifications of such documents. SECTION 7. INDE~LNITY 7.1 CONT~hCTOR agrees to protect, indermnify, defend and hold harmless CITY, its Counci! members, officers, employees 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 CONTRACTOR’s, its officers’, a~ents’, subcontractors’ or employees’ negligent acts, errors, or omissions, or willfu! misconduct, or conduct for which applicable law may impose strict liability on CONTRACTOR 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 orp~om_s_o__~ -~ i ~ of this 0311 I7 sdl 0091351 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 vio!azion 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 o~her party of any covenant, te_rm, condition or provision of this Contract or of any applicable law or ordinance. 8 2 No payment, partial ~a~_~nent, acceptance or ~artial acceptance by CiTY wil! operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION 9. !NSUP~]CE 9.1 CONTPS_CTOR, at its sole cost and expense, will obtain and maintain, in ful! force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not only CONTP2~CTOR and its subcontractors, if any, but also, with the exception of workers’ compensation, em_o!oyer’s liability and professiona! liability insurance, naming CITY as an additional insured concerning CONTK~CTOR’s performance under this Contract. 9.2 All insurance coverage re~@ired hereunder will be provided through carriers with Best’s Key Rating Guide ratings of A:V!I or higher which are admitted to transact insurance business in the State of California. ~:ny and al! subcontractors of CONTKhCTOR retained to perform Services under this Contract will obtain and maintain, in full 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 Certificates of such insurance, preferably on the fo_rms provided by CITY, will be ~i!ed with CITY concurrently with the execution of this Contract. The certificates wil! be subject to the approval of CITY’s risk manager and will contain an endorsement stating that the insurance is primary coverage and wil! not be canceled or altered by the insurer except after filing with the CITY’s city clerk thirty (30) days’ prior written notice of ~ cance77=~{~ or alteration, and that the m~e,, o{ ~=7~ ~7~ is named as an additiona! insured except in policies of workers’ compensation, employer’s liability, and professiona! liability insurance. Current certificates of such insurance wil! be kept on file at a!7 times dur{ng the term of this ~=r--~_.....~_~¢~ with the city clerk. 9.4 The procuring of such required policy or policies of insurance wil! not be construed to limit CONTR~_CTOR’s liability hereunder nor to full{77 the indemnification provisions of this 031117 sdt 009135I 8 Contract. Notwithstanding the policy or policies of insurance, CONTKhCTOR will be obligated for the full and tota! 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 !0.WORKERS’ CO~!PENSAT!ON !0._I CONT~hCTOR, by executing this Contract, cer~_.ries~-’ ~ that it is aware of the provisions of the Labor Code o~ the State of California which require every emp!oyer to be insured against liability for workers’ compensation or to undertake self-insurance in accor@a.~.c= with the mrovisions of that Code, and certifies that it_ wil! comply with such provisions, as app!’_c=mle, before commencing the performance of the Project. PROJECT SECTION !!.TEP~!NATiON OR SUSPENSION OF CONT_R_ACT OR !!.! 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 CONTKACTOR, or immediately after submission to CITY by CONTPS~CTOR of any com_o!eted item of Basic Services. Upon receipt of such notice, CONTP$_CTOR wil! immediately discontinue its performance under this Contract. 11.2 CONTRACTOR 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 witb_ho!ds or withdraws its re_quest for the initiation or continuation of Basic Services or the execution of the Project. 11.3 Upon such suspension or termination by CITY, CONTKhCTOR wil! be com_oensated for the Basic Services and Demmver~b!es received andAdditiona! Services performed and ~’- - approved prior to receipt o~ written notice from C!TY of such suspension or abandonment, together with authorized additional and reimbursable expenses then due. if the Project is resumed after it ~ ~ ~ ~~8 _any ....=has been s~swen~ed ~ more than = 0 days,~h~ in CONTKhCTOR’s com_mensation wil! be subject to renegotiation and, if necessary, approva! of CITY’s City Counci!. If this Contract is suspended or terminated on account of a default by CONTR~.CTOR, CITY wil! be obligated to compensate CONTRACTOR only for that portion of CONTB~.CTOR’s services which are of direct and immediate benefit to CITY, as such determ_ ination may be made by the city manager in the reasonable exercise of his or her discretion. 031117 sdl 0091351 11.4 in the event of termination of this Contract or suspension of work on the Project by C!TY where CONTPS_CTOR is not in default, CONTPS.CTOR will receive compensation as fol!ows: !!. 4. ! For approved items of services, CONT~hCTOR wil! be compensated zor each ~tem of service fully performed ~ ~e amounts authorized under this Contract. 17 ~ q For approved {tems of services on which a notice to proceed is issued by CITY, but which are not fully performed, CONTKhCTOR will be com_oensated for each item of service in an amount which bears the same ratio to the tota! fee otherwise oayabie for the m~rformance of the service as the muantum of service ac~ua~_y _e~e~ 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 palrmenn specified under Section 5 for the respective items of service to be furnished by CONTRACTOR. 11.5 Upon such suspension or termination, CONT_R~.CTOR will deliver to the city manager i~mediate!y any and al! copies of the Deiiverab!es, whether or not completed, prepared by CONTPS.CTOR or its subcontractors, if any, or given to CONT_R~_CTOR or its ContracEsubcontractors, {£ any, in connection --~this ’ . Such materials will become the property o~ CITY. 77.~ The ~a{lu~e of CITY to agree with CON:~hC_OR s indeoendent findings conclusions or r ~ ’.... ecom~en@anmons, if the s&me are c=_=~d for under this Contract, on t%e basis of differences in matters of judgment, will not be construed as a failure on the part of CONTP~_CTOR to fulfi!l {is obligations under this Contract. SECTION 12.ASS!GN~ENT 12.! This Contract is for the personal services of CONTPS_CTOR, therefore, C ONT_~_CTOR will not assign, transfer, convey, or o~ner~_,se 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 assigr~ment wil! not be ~r~u ~ ~ a consent to any S ~L-Im m ~:= ~--~’_ d ~11 L- ~- ~-~ ~ 7 <-~ 111[ ~11 ~-- ¯ -~y assig_~_ment made without the approva! of CITY wil! be void and, at z~_e option of ~he city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTION 13.NOTICES 13 .......7 m.77 notices hereunder will be given in wrm’t{n___g, and mailed, postage prepaid, by certified mai!, addressed as fol!ows: 031117 sd! 0091351 !0 To CITY :Office of the City Clerk City of Palo Alto Post Office Box 10250 Pa!o Alto, CA 94303 To CONTPr~CTOR: Attention of the project director at the address of CONT~hCTOR recited above SECTION 14. CONFLICT OF INTEREST 14.1 in accepting this Contract, CONTP~CTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any mas~er or degree with the performance of the Services. 14.2 CONTKhCTOR further covenants that, in the performance of this Contract, it wil! not employ subcontractors or persons having such an interest mentioned above. CONT~hCTOR certifies that no one who has or will have any financia! interest under this Contract is an officer or em_m!oyee of CITY; this provision wil! be interpreted in accordance with the applicable provisions of the Pa!o Alto Municipa! Code and the Govers_ment Code of the State of California. SECTION 15. NONDISCRIMINATION 15.1 As set forth in the Palo Alto Municipal Code, no discrimination wi!l be made in the employment of persons under this Contract because of the age, race, color, nationa! 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, CONTR~_CTOR agrees to meet all requirements of the Pa!o Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exi~ibit "D" 15.2 CONTRS_CTOR agrees that each contract for services from independent providers wil! contain a provision substantially as fol!ows: "[Name of Provider] will provide CONTKhCTOR with a certificate stating that [Name of Provider] is currently in com_m!iance with al! Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the em_m!oyment of any person under this contract because of the age, race, color, national origin, ancestry, religion, 03II17 sd! 0091351 disabii{~,_~y, sexua!_-~m~=ference or gender of such person." 3 T÷ CONTB~.CTOR is found ~n violation of ~_e nondiscrimination provisions of the State of California Fair Emp!oyment Practices Act or similar provisions of Federal law or executive order in the perfo_rmance of this Contract, it will be in de~umn of this Contract. Thereupon, CITY wil! have the power to c=~_cem or susmend this Contract, in whole or in Dart, 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 d~mages for breach of contract, or both. Only a finding of ~he State o£ California Fair Emplo!~ent Practices Commission or the e_quiva!ent federa! agency or officer wi!l constitute evidence of a breach of this Contract. SECTION 16.H!SCELL~_NEOUS PROVISIONS 16.1 CONTKhCTOR represents and warrants that it has knowledge of the re~quirements of the federal rm~ericans 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. CONT~hCTOR will comm!v with or ensure by its advice ~hat com_mliance 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 re!a~ing 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 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 tria! of such action wil! 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 ~-~ 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 - ~p=r~±es and supersedes al! prior negotiations, representations, and contracts, either written or oral. This 031 ! 17 sdl 0091351 12 document may be amended onTv__~_ by_ a written instr-~ment, which is signed by the parties. 16.7 All provisions of this Contract, whether covenants or conditions, wi!l be deemed to be both covenants and conditions. 16.8 The covenants, terms, conditions and provisions of this Contract will amm!v to, and will bind the heirs, successors, executors, a6ministrators, assignees, and subcontractors, as the case may be, of the parties. 16.9 if a court of competent jur!sdiction finds or rules that any provision of this Contract or any amen6ment thereto is void or unenforceable, the unaffected provisions of this Contract and any amen6ments thereto will remain in full force and effect. 16.10 Al! 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 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 wil! 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 Pa!o Alto Municipal Code. This Contract will terminate without any penalty (a) at the end of any fisca! year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the 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. // // // // // // // 031117 sdl 0091351 13 IN WITNESS 7~IEP~OF, the parties hereto have by their duly authorized representatives executed this Contract on the date above written. CITY OF PALO ALTO City Clerk APPROVED AS TO FOP~H: Senior Asst. City Attorney APPROVED: Asszs~=__~ C!zV Manager Director of A~ministrative Services Director of Public Work insurance Review Mayor URS CORPORATION, a Nevada corporation dba URS azc s/ By: { Name: Title: Taxpayer Identification No. Aztacb~nents: EXHIBIT "A": EXHIBIT "A-!": EXHIBIT "B". E~HiBIT "C": EXHIBIT "D". (Compliance with Corp. Code § 313 is re_quired if the entity on whose behalf this contracn is signed is a corporation,in the alternative, a certified corporate resolution attesting to the signatory authority of nhe individuals signing in their respective capacities is accepzab!e) SCOPE OF PROJECT & TIME SCHEDULE 9~D!T!ONAL SERVICES PRATE SCHEDULE iNSU.R~/qCE NON-DISCRIMINATION COMPLI~!qCE FOR_H 031117 sdl 0091351 14 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § !!89) ) ) ss. ) On ~-,X _~ Of~__~ , 2003, before me, the undersigned, a Notary Public. in and for said County and State, personally ampea_eG _m~--or proved to m~ on the basis of satisfactory evidence to be the person(~9~,.whose n&mets~is!ar-e-~subscribed to the within instrmment and acknowledged to me that__hei=he~h~~-~__ , __~_ executed the same in his/h~r authorized capacity(i~-c~-, and that by his!~ signa~ure(~--on the instr~me~t~ the person(~=n~, or the entity upon beha!9 of which the persoq~s0 acted, executed the instr’mment. WITNESS my hand and officia~-~geal./-- of Notary Pub!ic’.~! 03 ! l 17 sdl 0091351 15 CERTIFICATE OF ACKNOWLEDG.ME~NT (Civil Code § !189) On <. /N,,?, , 2003, before me, the undersigned, a Notary Public in ~nd for said County and State, personally appeared ~ proved to me on the basis of satisfactory evidence to be the person~whose n~me~ ~s/am~-e--subscribed to the within instr~ment and acknowledged to me that i_~-~she/~ executed the same in hi-i~/her!tq~r authorized capacity(~, and that by hi-e/her/t~ signature ~T on the instrume_~5 the person~ or the entity upon beha!9 of which the merso~) acted, executed the instrument. WITNESS my hand and official seal. 03t 117 sdl 0091351 i5 EXIIiBIT "A" -SCOPE OF SERVICES AND T~ME SC~DULE~ EQUIPMENT MANAGEI’vIENT D.,VI~ION DESIGN S = ~"’~~ c:-=~" AUTOMOTIVE WASHING AND WASH WATER TREATMENT FACILITY .,-’~,’- A iREQUEST FOR PROPu~,.-,_ (RFP # 128584) PART li SCOPE OF SERVICES CITY OF PALO ALTO PART II SCOPE OF WORK ~-’~’~Rr’, A.INTRODUCTION The Oib,., of Paid Alto is requesting proposals for design services for an automotive washing and wash water treatment facility, to be constructed at the Cib,’s Municipal Services Center (MSC). The new facility will replace an existing faciiity, which is inadequate for the Ci~;’s needs. In order to be considered as a qualified Proposer, the Proposer’s Design Team needs to have experience designing projects similar in scope of work as this project. The Proposer will be knowledgeable in the design of vehicle and equipment washing facilities and wash water treatment systems. The Proposers will familiarize themselves with the 1992 Ci~, of Pals Alto Standard Drawings and Specifications, as applicable to this project. The existing wash facility consists of the following structures and equipment: One small (45 cu. ft..) main sump/solids collector 16’ X 18’ covered, fenced concrete equipment pad/enclosure, ,.~nL~,,,~,,~"~ ~.~’~ the following equipment: ¯Landa "Water Maze" washwater treatment system .500 gallon polyethylene tank, for storage of treated wash water ¯Alkota model 4212 pressure washer o Alkota model C421 cold pressure washer ¯Low pressure, high-volume flush line, with we!l pump The existing facili~, is inadequate for the City’s needs. The concrete pad inciudes no grating, drain sumps or c~’~anne!s, and is difi]cuit to clean. Even a mo0est amount of solid material wili ovenvhelm the main sums and "~ the treatment =vm=m. Much of the =’-; " n ’~..-.,s[lns equipment, such as the treatment system, wash wa~er storage tank, and both cold wash units are in good operating condition and may be incorporated into the new system, after evaluation. The existing hot pressure washer needs to be replaced with a permanently mounted, gas-fired unit. The equipment pad needs to he evaluated; part of the preliminary design work will include optimization of the use of available space. With the addition of another 500-gallon water storage tank, the pad may need to be expanded, or even replaced. The design and engineering services requested will include an initial study, prelimina~ design, final design, preparation of construction documents (drawings and specifications), assistance during the bidding period of the construction phase, and construction suppoR services including submi~al review. The purpose of this project is to replace and/or upgrade the City’s =’-’-*’~,,l~no_ wash facilibT, by:. Evaluating the existing washpad facility and determining what existing equipment andior structures need to be demolished or removed. o Designing a new wash pad(s) and debris collection system of adequate capacity to handle any anticipated solids loading. ¯Designing an equipmeni enclosure to contain all equipment that will be retained CITY PART 1! -SCOPE OF WORK andlor added. ¯Designing a new connection bebveen the debris collection and wash water treatment system. ¯Designing a control system that will integrate with the City’s exist!no fuel authorization system. The proposed system will be designed to require minimum maintenance, and to provide ease of cleaning. The solids collection system will be designed to remove solid ma~er to the maximum extent possible so that the existing treatment system will only need to handle a minimal amount of fine debris, along with normal oil/water separation and disinfection. B.SCOPE OF WORK The scope of work includes the following items: a.Visit and become familiar with the e:,:istinc ,.rash!no facilib.,’,, and all ,’-’~’=~,~,".~-~=~ ~[e.m,s" in the desiqn scope ~u~o a pro-design meeting with CEv staff. c.~ ne successful Proposer (~onsukan[) will work ctos~iy with C~7 sta~ to assure the design costs do not exceed the design budget. d.The Consultant wil! work closely wi~h other Consultants who are conducting ,rvl~ TaC~iiW.feas~bii~y study for the ’,. -~=" e.The Consultant will iRsure that the finai design and c~nstFuct~on~,~u~,~=~,~-?~ :~ ....,~ meet all re:oral, State and local seismic aRd flood plain reuuiFements. Initial Study Determine, along with City staff, the amount of space available for the construction of a new washpad and wash water treatment facility at the MSC. The system must he integrated with the new fueling facility that will be constructed staring first quarter 2001. Determine the potential for interference with existing underground and overhead utilities. Identi~, the washing requirements for various types of vehicles and equipment and determine anticipated debris loads. Evaluate the condition of the existing .treatment and washing equipment, and make recommendations for improvements or replacements if n .... ~Fy. Determine which of the existing structures need to be demolished, and which should be retained, e.identifl~,, what other structures may De required, such as splash/spray protection wails, PART I1 - SCOPE OF WORK debris collection pits, berms, ramps, catwali.:s, grating, etc. f.Identify the best means for connecting the new sump system to the e×[sting treatment system (if it is to be retained). Prdiminaw Desion T,~e preiiminar-y design will include the following i~ems: a.New wash pad orwash pads as required for heavy and light cleaning!washing. ¯The heavy cleaning pad will be sized to accommodate the largest vehicle in the Ci.w fleet. o The heavy cleaning pad will include a minimum of two cleaning stalls, e~qciosed on Lh~ == sides with concrete walls. The .~L~,L will be laroe enough to accommodate a large street sweeper. ,The ligi~t cleaning pad wi}l be designed to accommodate ttqe waslqing of automobiles and iight trucks. ~ rr" and " ’ ’ ¯The washpad(s) wiI] be <lo~.--d towards the solids collection area. ~,,~. solids coilection area that is ....<~’ ~~.=o..=_~-,ot= with a .Bobcat-b,/pe loader. ¯’ ’r"c.f~ motorized auger/conveyor system tp, at will automatica!i’.i ioad ~olie ....soiids into a debi-is box, d.Sumps, drain channels and gratin~ as required for proper beatment of solids-laden wa~.er, and to srovide for easy cieaninq ,of the wash pad(s). e,Catwalks andlor elevated platforms to provide for the safe cleaning of large vehicles. f.~eparate hodcotd pressure wash systems. g.Low pressure!high volume flush system. h.Hose reels, hose retention systems and booms as required. Cold and hot pressure, and low pressure!high volume water will be available af several locations on the pad. A p,,~v~s~,,, for the installation o~ a large electric or uneumatic lift designed to lift one end of a vehicle for undercarriage cleaning. A provision for the future installation of an automatic vehicle wash system. k.An additional 500 gallons of treated wash water storage capacity, for a total of 1 ,O00 gallons. 1.A means to blend fresh inlet water with treated water, to feed pressure w.=.shers and high volume flush system. CITY" QF PALO #,LTO Paue 11 PAR’i- II - SCOPE ©F WORK A hazardous matefiats storage area, for storage of chemicals and~.,=~n~r~ necessao, for the proper operation of the system. This area must be designed to .... = themeet el! Federal, State and loca! regulations appllcao~ to storaoe of hazardous materials. An authori-.T_ationicontrol system that will integrate wi~h the City’s fuel management/authorization system. A. PC-based dioital video surveillance system (to ’ ~_oe~r dumping of unauthorized materials into system sumps). Subseouent Desion Submittals Provide 60 ;,o pian drawings for staff review and approval and attend a meeting with ~, at the 60% design completion stage to coordinate the preliminary and final design for the new faciiit},. .~, ~,.,~._~ an ÷noin eer~s_ estimate of construction contract cost for City. staff review and approval at the beginning of’the preiimJna,T design stage and update it at ~he 60%=~ag=.~ ~ Consultant ,.,viii furnish drawings and technical specifications to staff for reviev.: and aoorovai at the 90% desic~n ~’~~._ c.sm~.,~=~lon staoe, and for final review and signing at the 100% oesign completion staoe. Consultant will design eli imorovements to conform to applicable State and local Uniform Building and Etectricat Codes. Consuitant will assist Ci~, staff to obtain necessary/ building permits by furnishing all necessan~! dra,~vin~s~ and cafcuiations and working witi~ the -~’~ ,=nntno ~ D. uk.~r.:-m=n~’’..,~, ~,,~,,,~ ~ ~ ~.s~ect~on Division as requi~ed. Construction Ivtanaoement Services Consultant will assist staff in responding to questions from prospective bidders during the construction-bid.ding phase of this project. Consultant wil! assist staff to prepare any necessary addendums required as a result of changes made to the final design andtor specifications for this project. Proposals will include construction management ser,;ices that will be performed after successful comoletion of the design phase of thisproject. 6.De!iverables a.Schedule The Proposal will include a schedule for deliverabtes. ~rol~-c,. Drawinos and Soecifications Three (3) sets of 24" X 36" plans and spec~T~ca~ons at 60% and 90% design compietion. PART II - SCOPE OF WORK RFP#I28584- Five (5) sets of half-size plans for the ARB (if necessary). Three (3) sets of full-size plans for the ARB (if necessary). Five (5) sets of environmental assessment documents and other required reports. Upon compietion of the final design the Consultant will submit one (I) set of specifications and one (I) set of reproducible mylar drawings (for signature) to Ihe City. Specification documents wil! include General Conditions and Technical Specifications, and will be in the CSI format. Project drawings will be prepared according to the City’s standard format. Drawings wilt be on a 24" x 36" sheet size with a scale of !/4" = 1’ for architectural drawings, and 114" = 1’ for mechanical drawings. The standard Cib] title block will be in the lower right corner of each drawing. b.Record Drewinos Uoon completion of the ~roiect and after acceptance by the City the Consukant will submit to the City one (I) complete set of reproducible mylar recc, rd drawings reflecting all as-buiit conditions. Electronic cooies of the .=.~_i~, ,il~ olar, s and ~’~’~’"~ -provided :., , ,~A ,~......sp=~, I~..~u,~n~ will he in and Microsoft Word format. The desion_ for this ,oroiect. m=v~. r_.~ut,=’~, ’~=_ revi=w~, and approval 6y .the Citv’s ..... ooaru ~.,-,m=~. in addition, the Consultant will need to prepare and environmental assessment o[ the projec~ in accordance with the Ca!ibmia Environmental Quality Act. The design for this project will also require review and approval by the City’s Building inspection Division, Fire Department and Environmental Compliance Division. The Consultant will ultimately be responsible for obtaining approvafs for the design and construction documents from all the reviewing parlies including the ARB, and City, entities listed above. The , ,.F~osal ~7ilI concisely refl, e~!},he ,[~Team’s understanding of the project. The odginal and four (4) cu-’~s of the Droposat will be detiver~he City s Purchasing Depa~ment located at 250 Hamilton Ave~, M~anine Level, Pato Alto, ~0~. The folbwino format and contents wilt ~e adhered to by~~, and will be presented in thug orderT Nfrom which the project will be manned. Cl-i-’{ OF PALO ALTO CITY OF PALO ALTO PURC,14A31N G AND CONTRACT ,&~3MINISTRA TION 250 HA.MILTON AVENUE P.O. BOX ",8250 PALe ALTO, CA 94301 PALe ALTO, CA 94303 Subject: October 30, 2000 Addendum Number Two (2) to Ci~ of P.m!o ~Jto Request for Proposal (RFP) Number 128584 Project De.~ar*,menL: Bid Opening DaLe: Automotive Washing and Wash Water Treatment Facility Public Works Department ~’ Equipment Management Division 3:00 P.M., Tuesday, November "[4, 2000 Please note the following changes, csrrectians, and c{arifications which are hereby incoruorated to the r_,~luirernents of the RFP: Item No. I:For the purpose of developing a cost estimate for-the serv~c~-s to be inc~ude"J in the Proposal, "Scope of Work" will be re-defined to int..Jude: ~aae 10. S,ection "B’,.. "~.q.O. oe nf Work~ Items 1. a. - e., 2a. - 2f,., 3.a., 3.b., 3.d.-3.h., 3.k. - 3.m., 4.c.. 6.a.. &b. (90% dra~ngs and final dra~n~s an~ spedfications only) Item No. 2:The following items will be shown as "add/aJf.ema~es": 3.c., 3.i., 3j., 3.n., 3.0., 4.a., 4.b., Item No. "~;A,q environmental impact, report or wetlands assessment will not be requir~,~d or this project. Item No. 4:Details related to the Scope of Work will be negotiated after consultant selection. This Addendum has not changed the Bid Opening Date. To assure that all Bidder~ have received each addendum issued, Bidder’s are required t~ acknowledge receipt of Addenda by completing and returning SECT!ON 310 (at’~c..hed). Failure to acknowledge receipt of Addenda may be considered as an irregularity in Lah.e Bid: ~ Johnella Walker Contract Manager City of Pale Alto cc: Keith LaHaie, Project Manager EXHIBIT "---~ 1 " - ADDITIONAL SERVICES Scope of Work for Design Services for the MSC Vehicle Wash Faciiity The following additional design sewices will be provided by URS Corporation: URS shall prepare drawings and specifications for construction bidding of the Municipal Services Center Vehicle Wash Facility. URS will revise the previously prepared structural and architectural drawings bringing them up to date with current design conditions and latest code. URS wil! prepare the civil drawings including: ¯Title sheet ¯Existing topography sheet ¯Demolition sheet ¯Grading and utilities sheet ¯Wash system flow diagram ,Equipment iayout ¯Rower flow diagram The drawinos~ will not show mechanical and ,,~=~-~ ir.c~l~ details, as these wiil be prepared by the equipment vendor. URS will prepare the construction specifications, and will modi%, the City of Raio Alto Standard Specifications for: ~Clearing and grubbing ~Earthwork ,Subgrade ~Aggregate base ¯Asphaltic concrete ¯Raising existing manholes, monuments, and valve boxes ¯Concrete structures ¯Trenching for underground utilities ,Reinforcement URS will develop new specification sections to ~,owr. ¯Roof ¯Concrete ~Concrete masonry units ¯Miscellaneous metal, mechanical, and electrical The mechanical and electrical sections will not be a detailed design, however URS will provide guidance to the vendor(s) who are furnishing the equipment. We will not write but we will provide ~ ~,npu~ for the City of Raio Alto Section 1 General Conditions (front end) specifications. s Cl E.X.EfI]3iT "B" - PAGE 2 R_:kTE SCHEDULE FOR BASIC SERVICES ~tert~ oen~or Lnu~n÷er / Proiect Manager a~a~ Endlneer Cad Prini:in~ P..enderin~ Cost Rate tQuant#y / # Hours ,$’142.00J 2! $66.00 I I $148.62 ’I $10.95 i $784.00! $68.00: 8726.00i $148.62 $’10.95 Total Cost =I $1,237.57 EXh~IBIT B - PAGE 3 RATE SCH-EDLrLE FOR ADDITIONAL SERVICES City sha!l pay consultant a lump sum of Twenty Six Thousand Seven Hundred Fort?, Dollars ($26,740) for Additional Services as described in Attachment A- 1 "Additional Selwices". MARSH PRODUCER MARSH RISK & INSURANCE SERVICES P. O. BOX 193880SAN FRANCISCO, CA 94119-3880 CALIFORNIA LICENSE NO. 0437153 JRSCA -ALL-W/PRO-03-04 CA UREA INSURED UPS CORPORATION dba UPS CORPORATION AMERICAS600 MONTGOMERY STREET 25TH FLOOR SAN FRANCISCO, CA 94111 CERTIFICATE OF INSURANCE CERT,FICATENOMBERSEA-000703128-03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANY A COMPANY B COMPANY C COMPANY D COMPANIES AFFORDING COVERAGE NATIONAL UNION FIRE INS, CO. OF P~TTSBURGH, PA AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO. INSURANCE CO OF THE STATE OF PA AMERICAN HOME ASSURANCE CO COVERAGES This certificate supersedes and Feptaces any previously issued certificate for the policy, period noted below. 3 TH!E IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. ";OTWITHSTANDING ANY REQUIREMEt.’T, TERM OR CONDITION OF ,ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE tSSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATELIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFFECTIVEi POLICY EXPIRATIONi, DATE {MMtDD/YY) I DATE IMMIDDIYY) i LIMITSTYPE OF INSURANCELTR [ A i GENERAL LIABILITYr’---- i X I COMMERCIAL GENERAL LIABILITY i i CLAIMS MADE ’, Z, i OCCUR i OWNER’S a CO~T~CTOR’S PROT i i~FR £RO, IFCT AGGRFGATE A AUTOMOBILE LIABILITY 1826-1308 ADS A ’, X.~’ ANYAUTO 826-1309 MA D !ALL OWNED AUTOS 826-1310 TX SCHEDULED AUTOS ~ HIRED AUTOS ix__2 NON-OWNED AUTOS A C A iGARAGE LIABILITY ANY AUTO EXCESS LIABILITY ~ UMBRELLA FORM i OTHER THAN UMBRE!J..~ FORM WORKE.,S COMPENSATION AND E~PLOYERS’ LIABILITY iGL933-2537 04/01t03 04/01104 i GENERAL AGGREGATE ~,PRODUCTS - COMP~OP AGO i708-5561 CA 1708-5562 ADS i01!01/Q3 !01101103T----THE PROPRIETOPU I INCL :708-5563 NY, OH, WA. Wl. WV i01/01/03PARTNERS/EXECUTIVE ~i " OFFICERS ARE:EXCLiOTHER B ’,PROF. LIABILITY {E&O)i819-4168 i04/01/03 i CLAIMS MADE FORM ’ DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS 04/01/03 i04101/04 i04/01/03 i04!01/04 i04/01/03 104/01/04 IPERSONA~& ADVINJURY !EACH OCCURRENCE FIRE DAMAGE Any one firel MED ~XP fan,., one c,e~on! COMBINED SINGLE LIMIT BODILY INJURY {Per Derson) BODILY INJURY (Per acc~oent~ PROPERTY DAMAGE 01/01/04 01/01104 01101/04 AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDEN~ AGGREGATE EACH OCCURRENCE iAGGREGATE ~, S 2.000,000 ’is 2,000,000 i S 1,000.000 S 1,000,000 i S 1,000,000 S 5.000 $1,000,000 ~S is S WC STATU-OTH4X ’ TORY LIMITS i ER ! IEL =.EACH ACCIDENT ! S 1,000,000 I EL DISEASE-POLICY LIMIT [ $! ,000,000 IEL DISEASE-EACH EMPLOYEE S 1,000.000 i 04/01/04 ! EACH CLAIM $I ,000,000 iAGGREGATE $1,000.000 CONTRACT #: (RFP#128584 PROJECT #: UPS PROJECT#:28065555 PROJECT TITLE: DESIGN SERVICES - CAR WASH. CITY OF PALO ALTO IS AN ADDITIONAL INSURED WITH RESPECT OPERATIONS PERFORMED BY QR FOR THE NAMED INSURED AS RESPECTS GENERAL LIABILITY. CERTIFICATE HOLDER CITY OF PALO ALTO ATTN: KEiTH LAHAIE PURCHASING & CONTRACT ADMINISTRATOR 250 HAMILTON AVENUEPALO ALTO, CA 94301 CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN EE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ~ DAYE WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO M,t, JL SUCH NOTICE SHALL IMPOSE NO QBLIGATIQN OR{ UAEILI’P~" OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. OR THE ~IARBN USA INC, BY: Michio Nekota MMI t~tO’~\V ^ L’ D AS ,.,F. ,0/,.~-,0~ CERTIFICATION OF NONDISCRII~INAT1ON SECTION 410 PROJECT: Design Services: Automotive Washing and Wash Water Treatment Facility CeRification of Nondiscrimination: As suppliers of goods or services to the City of Paio Alto, the firm and individuals listed below certify that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance w~th all Federal, State, and local directives and executive orders regarding nondiscrimination in employment. THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. Firm: .~/.,,?’~ Signature: (PRINT OR ~PE NAME) Signature: Name: (PRINT OR VY, E NAME’,, ....... 1 ~" "tONote: Cai~;orn;a Comora~tons Code Section .~. non~yac+~ *The signature of First Officer* trust be one of the foflo~ing: Chairman of the Board, President; or Vice President. **The signature of the Second Officer** trust be one of the fol!o~dng: Secretary, Assistant Secretary; Chief Financial Officer; or Assistant Treasurer. (.In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) CITY OF PALO ALTO 128584 PAGE i OF 1