HomeMy WebLinkAboutStaff Report 7569
City of Palo Alto (ID # 7569)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 3/20/2017
City of Palo Alto Page 1
Summary Title: Assessment of Water System Configuration and Emergency
Water Supply
Title: Approval of a Professional Services Agreement With SRT Consultants
for a Total Not-to-Exceed Amount of $708,736 for Assessment of the City's
Current Water System Configuration and Recommendations to Enhance City's
Emergency Water Supply
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends that Council approve the following actions:
1. Authorize the City Manager or his designee to execute the attached professional
services agreement (Agreement) with SRT Consultants (Attachment A) in an amount not
to exceed $644,306 for professional engineering services to conduct an Assessment of
the City's Current Water System Configuration and Recommendations of Improvements
to Enhance City's Emergency Water Supply and Delivery.
2. Authorize the City Manager or his designee to negotiate and execute one or more
amendments to the Agreement with SRT Consultants for related, unforeseen work
which may be required during the course of the project (additional services) for a total
value not to exceed $64,430, or 10% of the contract, bringing the total professional
service agreement’s not-to-exceed amount to $708,736.
Background
The City’s primary source of potable water since 1962 has been the San Francisco Public Utility
Commission (SFPUC) Hetch Hetchy aqueduct system. The City maintains five receiving stations,
or turnouts, with SFPUC. In addition, the City maintains seven (7) water supply wells that are
permitted by the State Water Resource Control Board (SWRCB) for standby/emergency use,
one (1) water supply well that is permitted for active use, seven (7) reservoirs, seven (7)
booster pumping stations, seven (7) pressure regulating stations, and approximately 235 miles
of water transmission and distribution mains.
City of Palo Alto Page 2
In 1999, in order to meet new requirements issued by the SWRCB (requirements formerly
overseen by the California Department of Public Health) for emergency water supplies, the City
began work on the City’s emergency water supply and storage project. As part of this project,
the City completed construction of two (2) new emergency water supply wells at Eleanor
Pardee Park and Rinconada Library (CMR 371-09), a new reservoir, pump station and well at El
Camino Park (Staff Report #1646), a new pump station at the Mayfield Reservoir site (Staff
Report #1401), and rehabilitation of five existing water supply wells that were constructed in
the 1950’s (Staff Report #1660). In addition to these new/rehabilitated facilities, the City has
recently seismically retrofitted the Mayfield Reservoir (Staff Report #2212) and Boronda
Reservoir (Staff Report #4811). Currently in construction is the Seismic Upgrade of 4 Steel Tanks
and 3 Turnouts project (Staff Report #5634).
As part of the Seismic Upgrade Project, the four steel tanks (Corte Madera, Park, Dahl and
Montebello Reservoirs) were to be seismically retrofitted and recoated, and the three turnouts
(Arastradero, California and Page Mill) were to be seismically retrofitted, interior piping
recoated and/or replaced, and upgraded with new electrical equipment, all to ensure reliability
of our emergency water supply facilities in the event of an emergency. Work at the Montebello
Reservoir and three turnouts is currently scheduled to be completed by the end of March 2017.
In regards to the four steel tanks, work started first at the Montebello Reservoir in early 2016.
Once the reservoir was drained and the interior scaffolding erected, it was found that both the
existing coal tar floor coating and the reservoir roof were in very poor condition. The coal tar
floor coating was badly cracked, extremely brittle, and delamination was occuring along the
edges of the tank. The existing roof beams and steel roof plates were badly deteriorated and
showing signs of structural failure. After additional investigations by the coating consultant and
structural engineer, it was determined that both the coal tar coating and reservoir roof must be
removed and replaced in order to ensure the reservoir can remain operable and reliable during
an emergency. However, this unforeseen work was not budgeted for, and costs quickly
escalated (coal tar disposal, new floor coating, existing roof and support demolition, and new
roof and support construction), adding approximately 80% of additional cost to construction at
the Montebello Reservoir.
By the time the interior coating and structural issues were discovered, the contractor had
already completed all of the exterior seismic upgrades to the Montebello Reservoir. As a result,
staff determined that it would be most cost effective to complete the seismic upgrade and
coating work at this site. However, due to the findings, and the fact that the remaining three
reservoirs were constructed during the same time period as the Montebello Reservoir, staff has
assumed that the Corte Madera, Park and Dahl Reservoirs are in a similar state of deterioration
as the Montebello Reservoir. Furthermore, inspections of the interior reservoir walls by the
original design consultant indicate that the three remaining reservoirs have only one coating
cycle remaining (approximately 15-20 years of service life), and has indicated that construction
of new reservoirs should be considered. As a result of these findings and recommendation, staff
has suspended all remaining seismic upgrade and recoating work at the Corte Madera, Park and
City of Palo Alto Page 3
Dahl reservoirs from the existing construction contract. Instead, staff would like to conduct an
overall water system study to determine if the City’s emergency water storage and supplies can
be reconfigured and enhanced to better supply our customers, while still meeting SWRCB
emergency water requirements.
Discussion
Consultant’s Scope of Services
A Request for Proposals (RFP #165977) was issued on September 30, 2016 seeking consultant
services for “Assessment of the Current Water System Configuration and Recommendations of
Improvements to Enhance City’s Emergency Water Supply and Delivery”. The scope of work
includes the following tasks:
Project management and administration.
Data collection and review of operational requirements.
Development, calibration and maintenance of the City’s Hydraulic Model for a period of
three (3) years.
Using the City’s hydraulic model, Consultant will examine the existing transmission,
distribution, and storage system to determine how to improve water quality, meet peak
fire demands, and improve overall system reliability. This includes making
recommendations for resolving existing low pressures in various locations throughout
the City, and increasing available emergency supplies and storage.
Development of an overall emergency response plan that will serve as guidance to
operations staff during various types of emergencies.
The deliverables will include:
Fully developed and calibrated water model.
Water system assessment report containing recommendations for future capital
improvement projects.
Overall emergency response plan for the City’s water system.
Attachment A, the Agreement, contains a complete description of the scope of services. Due to
the specialized nature of this work, services of an expert consultant are required.
Solicitation Process
Summary of Solicitation Process
Proposal Title Engineering Services for Assessment of Current Water
System Configuration and Recommendation of
Improvements to Enhance City’s Emergency Water
Supply and Delivery
Proposal Number 165977
Proposed Length of Project 13 months
Number of RFPs Mailed/Emailed 19
City of Palo Alto Page 4
Total Days to Respond to Proposal 34
Pre-Proposal Teleconference October 11, 2016
Number of Company Attendees at
Pre-proposal Meeting
4
Number of Proposals Received: 2
Company Name Location (City, State) Amount*
SRT Consultants San Francisco, CA $644,306
*Based on scope of work. See Cost of Services below.
The proposal cost from the second vendor was $699,465.
Cost of Services
An evaluation committee reviewed the proposals, proposer qualifications and responses to the
criteria identified in the RFP. After meeting with both proposing consultants, staff determined
that the SRT Consultants team has the expertise and experience necessary to perform the work.
The following criteria were used during the evaluation process to identify the most qualified
firms, considering qualitative factors before viewing price proposals:
Quality and completeness of Proposal.
Quality, performance and effectiveness of the work plan and demonstrated ability in
project thoroughness.
Proposer’s experience and qualifications of key staff to be assigned to the project.
Proposer’s ability to understand the project scope and meet schedule.
Cost to the City.
Additional services that are related but not included within the scope will be determined by the
City to be necessary for its proper completion, will be paid on a time and material basis up to a
maximum amount of $64,430, using the consultant’s Charge Rates schedule shown in Exhibit C-
1 to the Agreement. The consultant shall not commence with additional services before the City
approves of them in advance and in writing. The City may require the consultant to submit a
written proposal detailing the proposed maximum compensation for any additional services.
The total not to exceed budget amount proposed for this project is $708,736, comprising
$644,306 for the based consultant services and $64,430 for additional services, as needed.
The consultant’s final proposal cost was based on certain modifications to the scope of services
provided in the City’s original proposal. The RFP process allowed the City to negotiate the price
of the work, and the scope of work, upon selection of the successful firm.
Resource Impact
The funds for this professional services agreement and required staff time are budgeted in the
Water Fund Seismic Water System Upgrades capital improvement project (WS-09000) which
was approved in the FY 2017 Adopted Capital Budget at $1.9 million. Current staffing levels and
the level of expertise needed to see this project through to completion prevent City staff from
being able to perform this work.
City of Palo Alto Page 5
Policy Implications
The approval of this Enterprise Fund professional services contract is consistent with existing
City policies. This recommendation is consistent with the Council-approved Utilities Strategic
Plan (Staff Report 1880), especially Key Strategy No. 1, “Ensure a high level of system reliability
in a cost effective and timely manner.”
Environmental Review
Council’s award of this contract does not meet the California Environmental Quality Act’s
definition of a “project”, under Public Resources Code Section 21065, therefore, environmental
review is not required.
Attachments:
20170302 C17165977 Water Assessment (Final)
CITY OF PALO ALTO CONTRACT NO. C17165977
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SRT CONSULTANTS
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 20th day of March, 2017, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation
(“CITY”), and SRT CONSULTANTS, a California corporation, located at 90 New Montgomery
Street, Suite 905, San Francisco, CA 94105 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to assess the current domestic water system and operations configuration
(“Project”) and desires to engage a consultant to provide engineering services in connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the
Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit “A”, attached to and made a part of this
Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
in this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached at
Exhibit “B”, or no later than March 20, 2020, whichever is shorter, unless terminated earlier
pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term
of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and
made a part of this Agreement. Any Services for which times for performance are not specified
in this Agreement shall be commenced and completed by CONSULTANT in a reasonably
prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall
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ATTACHMENT A
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Rev. April 27, 2016 2
not preclude recovery of damages for delay if the extension is required due to the fault of
CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”),
and reimbursable expenses, shall not exceed Six Hundred Forty-four Thousand Three Hundred
Six Dollars ($644,306.00). CONSULTANT agrees to complete all Basic Services, including
reimbursable expenses, within this amount. In the event Additional Services are authorized, the
total compensation for Basic Services, Additional Services, and reimbursable expenses shall not exceed Seven Hundred Eight Thousand Seven Hundred Thirty Six Dollars ($708,736.00)
Dollars. The applicable rates and schedule of payment are set out in Exhibit “C”, entitled
“COMPENSATION” and Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is
attached to and made a part of this Agreement. Any work performed or expenses incurred for
which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions
of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services
performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but
which is not included within the Scope of Services described at Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-
1”). If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT’s payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the
Services required by this Agreement and that the personnel have sufficient skill and experience
to perform the Services assigned to them. CONSULTANT represents that it, its employees and
subconsultants, if permitted, have and shall maintain during the term of this Agreement all
licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
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and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement. CONSULTANT shall procure all permits and licenses,
pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections
such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to
CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to
CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
performing the Services under this Agreement CONSULTANT, and any person employed by or
contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act
as and be an independent contractor and not an agent or employee of CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not
assign or transfer any interest in this Agreement nor the performance of any of
CONSULTANT’s obligations hereunder without the prior written consent of the city manager.
Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING.
Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are:
TJC and Associates, Inc.
Balance Hydrologics, Inc.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval
of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Tanya
Yurovsky as the project supervisor to have supervisory responsibility for the performance,
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progress, and execution of the Services to represent CONSULTANT during the day-to-day work
on the Project. If circumstances cause the substitution of the project director, project coordinator,
or any other key personnel for any reason, the appointment of a substitute project director and
the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly
remove personnel who CITY finds do not perform the Services in an acceptable manner, are
uncooperative, or present a threat to the adequate or timely completion of the Project or a threat
to the safety of persons or property.
CITY’s project manager is Jennifer Cioffi, Utilities Department, Engineering Division, 1007
Elwell Court, Palo Alto, CA 94303, Telephone: (650)496-4525. The project manager will be
CONSULTANT’s point of contact with respect to performance, progress and execution of the
Services. CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if
any, shall make any of such materials available to any individual or organization without the
prior written approval of the City Manager or designee. CONSULTANT makes no
representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability
of any nature, including death or injury to any person, property damage or any other loss,
including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or
contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed
to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the
active negligence, sole negligence or willful misconduct of an Indemnified Party.
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16.3. The acceptance of CONSULTANT’s services and duties by CITY shall
not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall
survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any
covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance
or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions,
ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in
Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement
naming CITY as an additional insured under any general liability or automobile policy or
policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the
approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the
insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of
the cancellation or modification. If the insurer cancels or modifies the insurance and provides
less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the
Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for
ensuring that current certificates evidencing the insurance are provided to CITY’s Chief
Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement,
including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
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SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior
written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will
immediately discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but
only in the event of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or
given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date (i.e., 10 days after giving notice) of suspension or
termination; provided, however, if this Agreement is suspended or terminated on account of a
default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that
portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her
discretion. The following Sections will survive any expiration or termination of this Agreement:
14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250 Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above
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SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subconsultants, contractors or persons having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance
with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the
State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission,
CONSULTANT shall be required and agrees to file the appropriate financial disclosure
documents required by the Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age,
religion, disability, national origin, ancestry, sexual orientation, housing status, marital status,
familial status, weight or height of such person. CONSULTANT acknowledges that it has read
and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all
requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department,
incorporated by reference and may be amended from time to time. CONSULTANT shall comply
with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste
Program. Zero Waste best practices include first minimizing and reducing waste; second,
reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements:
(a) All printed materials provided by CCONSULTANT to CITY generated from a
personal computer and printer including but not limited to, proposals, quotes,
invoices, reports, and public education materials, shall be double-sided and
printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-
consumer material and printed with vegetable based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no
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additional cost to CITY, for reuse or recycling. CONSULTANT shall provide
documentation from the facility accepting the pallets to verify that pallets are not
being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter
4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any
employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of
work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section
4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In
addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance
in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 25. NON-APPROPRIATION
25.1. This Agreement is subject to the fiscal provisions of the Charter of the
City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any
penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only
appropriated for a portion of the fiscal year and funds for this Agreement are no longer available.
This section shall take precedence in the event of a conflict with any other covenant, term,
condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
26.1 CONSULTANT is not required to pay prevailing wages in performance and
implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not include a public works construction project of more than
$25,000, or the contract does not include a public works alteration, demolition, repair, or
maintenance (collectively, ‘improvement’) project of more than $15,000.
SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement will be governed by the laws of the State of California.
27.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
27.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
27.4. This document represents the entire and integrated agreement between the
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parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and
consultants of the parties.
27.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect.
27.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in
any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement.
27.8 In the event of a conflict between the terms of this Agreement and the
exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case
of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control.
27.9 If, pursuant to this contract with CONSULTANT, CITY shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable
and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for
direct marketing purposes without City’s express written consent.
27.10 All unchecked boxes do not apply to this agreement.
27.11 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
27.12 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement
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CONTRACT No. C17165977 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
City Manager or designee
APPROVED AS TO FORM:
City Attorney or designee
SRT CONSULTANTS
Officer 1
By:
Name:
Title:
Officer 2
By:
Name:
Title:
Attachments: EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS
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Tanya Yurovsky
Principal
Mark Quady
Vice President and CFO
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EXHIBIT “A” SCOPE OF SERVICES
This Scope of Services addresses the CITY’s need to conduct an assessment of the CITY’s
domestic water system and operations, recommend improvements in efficiency, and improve
emergency response planning and the overall reliability of the system.
The CITY’s overall project objectives include the following:
1. Review the Foothills Transmission System and provide recommendations for re-
engineering.
2. Conduct a feasibility study of adding a new reservoir, pump station, and well to the
system to increase emergency supply readiness.
3. Conduct a feasibility study of adding a new emergency standby well to Pressure Area 2.
4. Conduct a feasibility study for adding a new turnout to replace the Arastradero Turnout,
in an effort to improve water quality.
5. Conduct a feasibility study for upgrading the capacity of the California Turnout.
6. Review the operation of the system’s pressure reducing valves and provide
recommendations for adjustments.
7. Conduct a feasibility study for installing a new pump station at the El Camino Reservoir
to improve service to Pressure Area 1.
8. Create a comprehensive Emergency Response Plan for system operations during various
outages.
The Scope of Services shall be carried out within eight (8) tasks (“Basic Services”), detailed below.
BASIC SERVICES
Task 1: Project Management and Administration
CONSULTANT shall provide full-service project management and administration of the
contract within the following sub-tasks. Subtask 1A – Kickoff Meeting
Following the Notice to Proceed (NTP) from the CITY, CONSULTANT shall set up a Kickoff
Meeting with the CITY’s staff. The goal of the meeting is to confirm the project goals and
objectives, deliverables, and schedule. The meeting shall also serve to communicate CONSULTANT’s requests for specific information including any recent as-built drawings for the water system, along with other pertinent information. The meeting shall additionally
establish project communications between CONSULTANT and CITY stakeholders including
managers, operations, engineering, and support staff. Notes of the meeting shall be documented
and distributed to the meeting attendees. The CITY shall provide a room for the meeting and secure participation of the appropriate CITY’s staff.
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Subtask 1B – Monthly Progress Review Meetings
CONSULTANT shall participate in monthly project meetings at the CITY’s offices to discuss
work completed; project and task to-date status; and determine and manage action items,
milestones, and deliverables. In addition to a monthly in-person meeting, CONSULTANT shall also coordinate with CITY staff on a weekly basis by phone conference. Following each
monthly meeting, CONSULTANT shall distribute meeting notes to include action items, action
leaders, and “required by” dates. The CITY shall provide a room for the meetings and secure
participation of the appropriate CITY’s staff.
Subtask 1C – Budget Management
Following each monthly progress review meeting, CONSULTANT’s Project Manager shall meet
with CITY’s Project Manager to review the project budget and discuss any previously
unforeseen needs and tasks.
Subtask 1D – Schedule Management
CONSULTANT’s Project Manager shall meet with CITY’s Project Manager after each monthly
progress meeting to review the project schedule and make any necessary adjustments. The
Project Managers shall work together to identify and anticipate any potential roadblocks or long
lead action items before they impact the schedule. This shall allow for schedule adjustments, as necessary, or to add any previously unforeseen needs and tasks to the schedule. CONSULTANT
shall provide an updated schedule on a monthly basis following each monthly progress review
meeting.
Subtask 1E – Staff and Sub-Contractor Coordination CONSULTANT shall manage the budget, schedule, and as-needed tasks for the
CONSULTANT’s subcontractors: TJCAA (structural and instrumentation and controls
engineering) and Balance Hydrologics (groundwater/hydrogeology).
Deliverables and Assumptions CONSULTANT Deliverables:
• Draft Kickoff Meeting Agenda for CITY’s comments
• Final Kickoff Meeting Agenda with the CITY’s comments incorporated
• Kickoff Meeting notes documenting the discussion and updated project schedule with
milestones
• Monthly Progress Meeting agenda with action items
• Monthly Budget Status Report
• Monthly Schedule Update
CITY Deliverables:
• Conference Room for meetings
• CITY staff attendance to meetings
• CITY shall provide comments to draft agenda within 3 business days of receipt
• CITY shall provide one consolidated set of review comments to CONSULTANT
Task 2: Data Collection and Review of Operational Requirements CONSULTANT shall work with CITY staff to identify all data that needs to be collected to
effectively assess the operational requirements of the water system.
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Subtask 2A – Interview Engineers and Operators
CONSULTANT shall conduct staff interviews and gather relevant information gathering to
further inform the project and assist with assessment of the current facilities and procedures. CONSULTANT believes that the project can be streamlined if key CITY staff input is received upfront in an effort to gain updated and accurate information on the current operations of CITY’s
water system, and to identify any information gaps.
CONSULTANT shall schedule a meeting with key CITY’s engineering and operations staff to review the various tasks and the related facilities. For any additional information identified, CONSULTANT shall contact the appropriate CITY staff and arrange to collect the information.
Subtask 2B – Review Existing Information and Collect Data
CONSULTANT shall review relevant previous applicable reports and studies, as well as applicable plans, specifications, and process and instrumentation diagrams for the facilities in question.
Deliverables and Assumptions
CONSULTANT Deliverables:
• Draft Staff Interview Outline for CITY’s comments
• Final Staff Interview Outline with CITY’s comments incorporated
• Staff Interview notes and list of any additional information needs identified
CITY Deliverables:
• CITY shall review and comment on the proposed meeting agenda within 3 business days
of receipt
• CITY shall provide a conference room and secure staff attendance at the interviews
• CITY shall provide all identified information within two (2) weeks of request
• One consolidated set of review comments shall be provided
Task 3: Hydraulic Model CONSULTANT shall assess the existing hydraulic model and update and expand it as needed or
construct a new hydraulic model.
Subtask 3A – Assess Existing Hydraulic Model The CITY shall provide CONSULTANT with the existing WaterCAD hydraulic model.
CONSULTANT shall review the model and assess the quality of the records in the model. This
shall include reviewing system demands and multipliers, pipeline records (size, material, and
location), and facility records (tanks, reservoirs, pump stations, wells, and pressure reducing
valves). CONSULTANT shall compare the model facilities with CITY’s most recent facility records to determine the updates required for the model.
If the CITY’S existing WaterCAD hydraulic shows that required updates are minimal, then
CONSULTANT may recommend the existing model be updated, and then expanded, to provide
a completed model. However, if the necessary updates are significant or excessive, CONSULTANT may recommend a new model be created. If CITY provides updated records in
GIS or AutoCAD format, these can be utilized to construct a new hydraulic model.
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Subtask 3B – Update or Renew Existing Model
Based on the results of the assessment in Task 3A, CONSULTANT shall either update the
existing model to encompass the entire water system, or shall develop a new model based on current water system information. If the model can be updated, then the existing pipes shall be updated to reflect 2016 records, and the remaining infrastructure shall be created from 2016
records and attached to the existing model. If an entirely new model is to be developed (existing
model cannot or should not be updated), all 2016 records shall be imported and the model built
from the ground up. Subtask 3C –Develop New Demand Allocation
CONSULTANT shall utilize the SCADA production records and 2016 billing records to assign
new demands to the model and to calculate demand sets, including ADD, MDD, and PHD.
Subtask 3D – Validate and Calibrate Updated or New Model
CONSULTANT shall utilize standard methods for validating and calibrating the model. The
activities may include the following:
Model Validation – CONSULTANT shall utilize available operational data, from SCADA records or other sources, to compare the results of the model to those present in
the real world. Validation usually occurs by “stressing” the model to see how the model
reacts to an extraordinary situation and then comparing the results (indicated by pressure)
to actual conditions. For example, this might entail comparing pressures between the
system and model during a flush-down operation, or checking the model against previous fire hydrant test records or main breaks. If there were insufficient data available, new
hydrant tests or other operational scenarios shall be defined to help validate the model.
Model Calibration – Based on the validation runs, the model may need to be adjusted. If
validation runs showed a significant difference between actual and model conditions, the model is adjusted, or calibrated, to better reflect the real system conditions. This usually entails adjusting pipeline roughness factors, and adjusting elevations and settings (e.g.
pressure reducing valve settings). After the model is calibrated it should closely resemble
how the system actually reacts under all typical operational conditions as well as stressed
conditions.
Subtask 3E – Maintain CITY’s Model
CONSULTANT shall be available on an on-call basis to regularly maintain the CITY’s
hydraulic model for three (3) years. This subtask would include the following activities:
• Update the model to include repaired or replaced infrastructure – Annually
• Re-calibration of the model for current flow and pressure trends – Annually
• Maintain all licenses and updates – Annually
Task 3F – As-Needed Hydraulic Modeling Services CONSULTANT shall be available on an on-call basis to provide as-needed water system
modeling for CITY whenever necessary for three (3) years. As-needed modeling tasks might
include, but are not limited to, the following:
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• Assessment of the system’s hydraulic capacity for future growth and for new buildings,
including assessment of fire flow deficiencies
• Validation of fire flow capacity for new developments
• Investigations of new and improved operational strategies
• Investigation of flow, pressure, and water quality issues that may arise in the system
• Shut-down planning and alternative flow routing
• Unidirectional flushing (UDF) planning
• New water sources’ (wells and turnouts) planning
• Other assignments to be determined by CITY staff
The level of effort for Maintaining CITY’s Model and providing As-Needed Hydraulic Modeling
Services for three (3) years is not known; however, budget estimates have been provided that
will allow CONSULTANT to proceed on a time and materials basis based on CITY’s needs until
budgets are fully utilized. If additional modeling services are needed, an additional fee will be
negotiated with the CITY at that time, or both parties will agree to use any available budget from
the Additional Services task.
Deliverables and Assumptions
CONSULTANT Deliverables:
• Technical Memorandum (TM) summarizing the assessment, and recommending either to
update or develop a new model, summarizing the demands and boundary conditions for
the model, and summarizing the proposed method for validating and calibrating the
model
• Ongoing record of model activities required to “maintain the CITY’s model,” such as
infrastructure updates and model updates
• As-needed TMs for as-needed modeling analysis (e.g., Fireflow TM)
CITY Deliverables:
• CITY shall provide the latest model for CONSULTANT to open and assess within 2
weeks after request
• CITY shall provide comprehensive 1-year production data within 2 weeks after request
• CITY shall provide comprehensive 1-year billing data within 2 weeks after request
• CITY shall provide any existing unaccounted for water estimates upon request
• Billing records have a location field (either address or spatial coordinates) that can be
used by CONSULTANT to spatially geocode the customer demands in GIS
• All of CITY’s existing and updated pipeline records are available electronically, either in
GIS Shapefile format, or AutoCAD, and records are scaled and indicate size and material.
Manual input or development of pipeline drawings shall require additional fee be
negotiated with CITY.
• For model validation/calibration, it is assumed that SCADA records and/or flushing
records exist that are sufficient for validating the model, and that two flushing records per
pressure area exist and are sufficient for validating the model. Any special validation
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activities required (such as physical hydrant testing throughout the system) to validate the
model shall be considered Additional Services and require advance, written approval
from CITY.
• Task cost estimate assumes a completely new model shall be constructed; if model can be
updated, CONSULTANT shall negotiate a fee reduction for this task with CITY as
necessary.
Task 4: Evaluation and Recommendations CONSULTANT shall work with CITY to provide a comprehensive assessment of the system’s
operations by utilizing the newly developed/updated model, as well as by interviewing operators
and reviewing SCADA records. The assessment shall include a detailed analysis of every pressure area individually and together as part of an integrated system.
Subtask 4A – Assess Existing Water System Configuration
All water systems must provide a balance between (1) emergency supplies and fire flow, and (2)
water quality and public health. These goals can at times be contrary to one another; however it is the constant task of a water utility to maintain sufficient hydraulic capacity and redundancy to provide emergency supply and fire flow while minimizing overall water age in the system. Task
4A shall assess each CITY pressure area in terms of its ability to achieve these two goals.
Activities related to this task include the following:
• Emergency Supply Assessment – CONSULTANT shall define the emergency supply
needs for each pressure area and utilize the hydraulic model to determine if there is
sufficient supply and/or storage to meet these demands.
• Fire flow Analysis – CONSULTANT shall conduct a batch fire flow analysis for each
pressure area using the WaterCAD fire flow tool and determine areas of insufficient
hydraulic capacity.
• Water Age Analysis – An extended period simulation is needed to determine water age in
the system, which is not included in this scope of work, however CONSULTANT shall
utilize a benchtop spreadsheet model to estimate the water age in each pressure area,
based on how the system is normally operated. This analysis shall be cross-referenced
with water quality data to see if high water age areas agree with past water quality
measurements.
• Operational Efficiency Analysis – CONSULTANT shall review historic SCADA data to
assess the operations of tanks, reservoirs, and pump stations and determine the overall
efficiency of the system. This analysis shall indicate which storage is over/underutilized,
and which pump stations are over/underutilized.
• Financial Analysis – CONSULTANT shall cross-reference the above assessments and
analyses with related energy cost data for the various facilities to see if better efficiencies
can be achieved.
Subtask 4B – Determine Operational Inefficiencies After the assessments and analyses under Subtask 4A are completed, CONSULTANT shall meet with CITY engineering and operations staff to discuss preliminary findings and to determine
known or suspected inefficiencies. CONSULTANT shall then utilize financial data to investigate
and determine system inefficiencies, reviewing the costs to operate various pump stations and
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other facilities. CONSULTANT shall then meet with CITY staff to present the identified
inefficiencies.
Subtask 4C – Provide Recommendations for Improvements / New Facilities Based on the inefficiencies identified in Subtask 4B, CONSULTANT shall provide operational
recommendations, maintenance recommendations, and capital improvement project
recommendations, including combinations of the following: installation of a new pump station,
new well, turnout, and/or reservoir, and many other currently unforeseen recommendations.
CONSULTANT shall develop a TM summarizing the inefficiencies identified and proposed alternatives for increased efficiency, which shall include the following:
1. Current cost of business under typical operations
2. Planning level capital and O&M cost estimate of installing improvements
3. Cost savings over time including return on investment and pay-off period analysis
These improvement recommendations shall be at the pre-planning level and shall initially assume few to no siting and permit issues.
Deliverables and Assumptions
CONSULTANT Deliverables:
• Email or memorandum with exhaustive list of necessary records, studies, and data
required to conduct the water system assessment
• Meeting agenda and notes for inefficiency review meeting with CITY engineers and
operators
• Draft TM summarizing inefficiencies identified during assessment and potential
alternatives and recommendations developed to minimize inefficiencies for CITY’s
review and comments
• Final TM within 2 weeks of receiving comments from CITY
CITY Deliverables:
• All identified as-built records, studies, and SCADA records required to assess the water
system within 2 weeks of request
• CITY shall provide a meeting room and ensure critical staff is present to review system
inefficiencies
• CITY shall provide review and comments to Draft TMs within 2 weeks of submittal to
the CITY
• CITY shall provide one consolidated set of review comments
Task 5: Project Feasibility and Constructability for New Facilities CONSULTANT shall further investigate proposed improvement alternatives developed under
Task 4 with a comprehensive feasibility study that includes an assessment of the proposed
alternatives with respect to constructability, siting, and construction/environmental permitting.
Subtask 5A – New Storage Facility Feasibility, Siting, and Permitting Requirements
CONSULTANT shall provide a comprehensive review of any new storage facilities identified in
previous tasks, including the following:
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• Type of storage (concrete, steel, sub-surface, etc.)
• Storage dimensions and size
• Foundation needs compared with existing soil type
• Site access for construction
• Environmental impacts and corresponding permit needs
• Local and SWRCB permitting requirements
Subtask 5B – New Pump Station(s) Feasibility, Siting, and Permitting Requirements
CONSULTANT shall provide a comprehensive review of any new pump station facilities
identified, including the following:
• Type of pump station to be installed (vertical turbine, centrifugal, dry-pit, etc.)
• Size of the facility and its enclosure
• Required accessories (variable frequency drives and controls)
• Foundation requirements
• Site access for construction
• Environmental impacts (siting, sound issues) and corresponding permit needs
• Local and SWRCB permitting requirements
Subtask 5C – New Well Facility Feasibility, Siting, and Permitting Requirements CONSULTANT shall provide a comprehensive review of any new well facilities identified,
including the following:
• Type/size of well and pump to be installed (above grade or submersible)
• Facility size and footprint
• Likelihood of sustainable yield
• Enclosure needs
• Sanitary siting issues
• Accessories such as VFDs and controls
• Access for drilling and construction
• Environmental impacts (siting, sound) and corresponding permit needs
• Local and SWRCB permitting requirements
Subtask 5D – New Turnout Feasibility, Siting, and Permitting Requirements
CONSULTANT shall provide a comprehensive review of expanding the existing California
Turnout, and replacing the Arastradero Turnout, including the following:
• SFPUC requirements for upgrading or replacing a turnout on their Bay Division Pipelines
• Likely size and footprint required to upsize or replace a turnout
• Review of possible siting locations for a new turnout
• Siting to minimize water quality issues (sited at higher elevation on the BDPL)
• Feasibility of a new screening system to remove material (e.g. algae mats)
• Hydraulic analysis of upgraded or replaced turnout
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• Access for construction
• Environmental impacts and corresponding permit needs
• Local and SWRCB permitting requirements
CONSULTANT shall summarize the findings of the constructability reviews in a Draft TM and
present it to the CITY for comments.
Deliverables and Assumptions CONSULTANT Deliverables and Limitations:
• Draft planning level feasibility / constructability report with potential improvements
• Meeting and presentation to CITY of findings
• Final planning level feasibility / constructability report with proposed improvements
within two (2) weeks of receiving CITY’s comments to the Draft report
• The feasibility and constructability report shall include up to: one (1) new pump station,
one (1) new reservoir or tank, one (1) new well, one (1) new turnout, and one (1) upgrade
of existing turnout. Any reduction or increase in the number of reviewed facilities may
require a fee adjustment.
• Any foundation analysis or recommendations may require a geotechnical study be
conducted under the Additional Services budget.
CITY Deliverables:
• CITY shall provide a meeting room and ensure proper staff is available to review the
report
• CITY shall provide review and comments to report within two (2) weeks of submittal to
the CITY
• CITY shall provide one consolidated set of review comments
Task 6: Emergency Response Plan Based on the results of the hydraulic analyses in Task 3, CONSULTANT shall conduct a more
detailed analysis to develop a comprehensive Emergency Response Plan (ERP) for alternative
routing of water under various emergency scenarios. CONSULTANT shall work with CITY staff to develop and assess these scenarios, analyze alternatives, and summarize the scenarios in
a new ERP for the CITY. CONSULTANT shall then summarize the procedures for CITY staff
in a concise, easy-to-use format.
Subtask 6A – Develop Emergency Scenarios with CITY Staff CONSULTANT staff shall work with CITY’s engineering and operations staff to determine a
list of potential emergency scenarios, for instance:
• Large local earthquake
• Large local fire
• Large catastrophic transmission pipeline rupture
• Large catastrophic flood or landslide
• Large and sustained electrical outage
• Significant water quality event or chemical misfeed
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• Hetch Hetchy supply outage
After inventorying the potential emergency scenarios, CONSULTANT shall assess all scenarios
according to their likelihood and consequence of occurrence, and narrow the list of scenarios down according to overall risk. Those with the highest risk shall be addressed in more detail, whereas lower risk scenarios shall be addressed more generally.
Subtask 6B – Conduct Desktop Exercise of Emergency Response
CONSULTANT shall set up a meeting with CITY staff to conduct an emergency response desktop exercise. During this exercise, scenarios shall be walked through in a step-by-step process to flesh out potential issues that need to be addressed. By going through each scenario
with staff, CONSULTANT shall be able to determine the key issues that must be overcome to
achieve a reliable and effective response. This task shall be conducted concurrently with Task 4
to identify emergency response-related improvements that shall be included in the feasibility study in Task 5.
Subtask 6C – Develop Emergency Response Plan for Water Operations
Based on the above tasks, and based on the feedback from CITY staff, CONSULTANT shall
develop an ERP for the existing system that addresses the most significant emergency response scenarios. The ERP shall be developed for the existing system; however, recommendations for
future improvements related to emergency response shall be included in the TMs provided under
Tasks 4 and 5.
The ERP shall define the hierarchal structure for decision-making, create the incident command structure, and provide procedures for responding to the emergency scenarios identified in
Subtasks 6A and 6B.
Deliverables and Assumptions
CONSULTANT Deliverables:
• Meeting to develop emergency scenarios and meeting minutes
• Meeting to conduct desktop exercises for emergency response and meeting minutes
• Draft ERP for CITY’s review and comments
• Final ERP with CITY’s comments incorporated, within two (2) weeks of receiving CITY
comments
• Meeting to present final ERP
CONSULTANT Assumptions/Limitations:
• CITY shall provide a meeting room and ensure all critical staff members are available to
attend the three meetings to be conducted under this subtask
• CITY shall provide comments within two (2) weeks of receiving a draft deliverable from
CONSULTANT
• CITY shall provide one consolidated set of review comments to CONSULTANT
Task 7: Assessment Report Based on all of the analyses and assessments conducted in the previous tasks, CONSULTANT shall develop an Assessment Report summarizing all findings, recommendations, and emergency
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response planning. The Assessment Report shall include relevant information previously
included in the TMs developed for Tasks 2 through 6.
Subtask 7A – Draft Assessment Report and Review Meeting CONSULTANT shall develop a Draft Assessment Report for CITY review and comments. The
subtask shall include a review meeting with CITY staff to present and discuss the report.
Subtask 7B –Final Assessment Report and Presentation to the CITY
CONSULTANT shall integrate the CITY’s review comments into a Final Assessment Report and shall provide CITY staff with a presentation of findings.
Deliverables and Assumptions
CONSULTANT Deliverables:
• Draft Assessment Report and meeting to review preliminary recommendations and
findings
• Final Assessment Report and meeting to present finalized recommendations and findings
• Consultant shall finalize Assessment Report within three (3) weeks of receiving
comments from the CITY
• The ERP shall be a stand-alone document and shall not be included in the Assessment
Report
• The Final Assessment Report shall incorporate information from the TMs and reports
developed for tasks 2 through 5
CONSULTANT Assumptions/Limitations
• CITY shall provide a meeting room and ensure all critical staff members are present.
• CITY shall provide comments within three (3) weeks of receiving the Draft Assessment
Report
• CITY shall provide one consolidated set of review comments to CONSULTANT
Task 8: Ancillary Services
The purpose of this task is to provide the CITY with flexibility for utilizing ancillary services as needed. The analyses under this project shall illuminate several alternatives for new or upgraded facilities, and therefore additional work may be needed to conduct more detailed investigations
into the design feasibility of such alternatives. Such ancillary services may include:
• As-needed field testing, such as geotechnical soil testing or environmental reviews.
• Advanced modeling activities, such as implementing an extended period simulation
(EPS) for water age and water quality analysis, or conducting transient analysis.
• Further pre-design activities, as determined and needed. Pre-design activities and
expertise that CONSULTANT believes shall be required to completely assess the
recommended improvements, include:
- Process Controls – how recommended improvements would be controlled and
interfaced through the CITY’s existing Supervisory Control and Data Acquisition
(SCADA) system; CONSULTANT shall utilize TJCAA for expertise required for
controls.
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- Miscellaneous Structural Review – for constructability reviews, structural questions
shall invariably arise; CONSULTANT shall utilize TJCAA for structural reviews and
questions.
- Well Feasibility and Hydrogeology – for feasibility of various well sites, a
hydrogeologist shall likely be needed to investigate potential sites and recommend
locations with the best geology and potential yields.
Although Ancillary Services differ from Additional Services, the City and Consultant will
nevertheless follow the requesting procedures and other requirements for Additional Services
(section 4, Exhibit C) when requesting Ancillary Services. As with Additional Services, City
will not be required to pay for Ancillary Services unless the requirements for requesting such
services are met.
ADDITIONAL SERVICES
Additional Services, which are unforeseen but nevertheless may be required, are distinct from
the Basic Services set forth above and the cost of such Additional Services, if requested by City
in accordance with the requirements set forth in Section 4 and Exhibit “C” shall not exceed Sixty-Four Thousand, Four Hundred and Thirty dollars ($64,430). Additional unforeseen services may include, but are not limited to the following: additional meetings, field
investigations and testing, and any other miscellaneous tasks related to but not otherwise covered
by Basic Services (Tasks 1 through 8).
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EXHIBIT “B” SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY
so long as all work is completed within the term of the Agreement. CONSULTANT shall
provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt
of the notice to proceed.
Task Start End Duration
1 – Project Management 3/20/2017 9/20/2018 18 Months
2 – Data Collection and Operational Review 3/20/2017 4/20/2017 1 Month
3 – Hydraulic Model 4/20/2017 7/20/2017 3 Months*
4 – System Evaluation 7/20/2017 9/20/2017 2 Months
5 – Project Feasibility 9/20/2017 11/20/2017 2 Months
6 – Emergency Operations Plan 11/20/2017 3/20/2018 4 Months
7 – Assessment Report (DRAFT) 3/20/2018 6/20/2018 3 Months
7 – Assessment Report (FINAL) 6/20/2018 8/20/2018 2 Months
8 – Ancillary Services 9/20/2017 8/20/2018 11 Months
*Task 3 includes both development of the hydraulic model (Task 3A thru 3D) and a three year
maintenance agreement for on-call maintenance and modeling services (Task 3E and 3F). Tasks 3A thru 3D will take approximately three months to complete. All work associated with Tasks
3E and 3F will begin upon approval of this Contract on March 20, 2017, and will extend three
years to March 20, 2020.
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EXHIBIT “C” COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the
budget schedule below. Compensation shall be calculated based on the hourly rate
schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set
forth below. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY’s Project Manager may approve in writing the transfer of budget
amounts between any of the tasks or categories listed below provided the total
compensation for Basic Services, including reimbursable expenses, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement.
Scope/Task Item Total NTE
TOTAL NOT TO EXCEED, TASK 1 – PROJECT MANAGEMENT $69,756
TOTAL NOT TO EXCEED, TASK 2 – DATA COLLECTION/OPERATIONS $10,945
TOTAL NOT TO EXCEED, TASK 3 – HYDRAULIC MODELING $136,230
TOTAL NOT TO EXCEED, TASK 4 – EVALUATION AND
RECOMMENDATIONS
$80,575
TOTAL NOT TO EXCEED, TASK 5 – FEASIBILITY AND CONSTRUCTABILITY $100,670
TOTAL NOT TO EXCEED, TASK 6 – EMERGENCY OPERATIONS PLAN $58,650
TOTAL NOT TO EXCEED, TASK 7 – ASSESSMENT REPORT $44,980
TOTAL NOT TO EXCEED, TASK 8 – ANCILLARY SERVICES $132,500
Total Not To Exceed For Basic Services (Tasks 1-8) $634,306
Total Not to Exceed For Reimbursable Expenses $10,000
Total Not To Exceed For Basic Services (Task 1-8) and
Reimbursable Expenses
$644,306
Total Not To Exceed, Additional Services $64,430
TOTAL NOT TO EXCEED FOR BASIC SERVICES (TASKS 1-8),
REIMBURSABLE EXPENSES AND ADDITIONAL SERVICES
$708,736
REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are
included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees.
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B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $250 shall be approved in advance
by the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s
request, shall submit a detailed written proposal including a description of the scope of
services, schedule, level of effort, and CONSULTANT’s proposed maximum
compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum
compensation shall be negotiated and agreed to in writing by the CITY’s project manager
and CONSULTANT prior to commencement of the services. Payment for additional
services is subject to all requirements and restrictions in this Agreement
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EXHIBIT “C-1” SCHEDULE OF RATES
Principal Engineer 200$
Project Manager 200$
Senior Operations Specialist 185$
Senior Engineer 163$
Project Engineer 118$
Staff Engineer 100$
Labor Categories Hourly Rate
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EXHIBIT “D” INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRE
D TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000 $1,000,000
$1,000,000
$1,000,000 $1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$1,000,000
$1,000,000 $1,000,000 $1,000,000 $1,000,000
$1,000,000
$1,000,000 $1,000,000 $1,000,000 $1,000,000
PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT
THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN
(10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
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