HomeMy WebLinkAboutStaff Report 8210
City of Palo Alto (ID # 8210)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 11/6/2017
City of Palo Alto Page 1
Summary Title: Adoption of Amendment No. 1 to Contract with RMC Water
and Environment for Professional Services
Title: Approval and Authorization for the City Manager to Execute Contract
Amendment No. 1 with RMC Water and Environment to Extend the Term of
the Agreement Three Additional Years to End November 9, 2020 for
Professional Services Related to the Implementation of the Regional Water
Quality Control Plant Long Range Facilities Plan CIP WQ-10001
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or his
designee to execute Contract Amendment Number 1 to Contract C15153692 with
RMC Water and Environment, Inc. (Attachment A) to extend the contract term to
November 9, 2020 for program management services for Capital Improvement
Program projects being implemented via the Regional Water Quality Control Plant
Long Range Facilities Plan.
Background
The Palo Alto Regional Water Quality Control Plant (RWQCP) is currently
implementing its Long Range Facilities Plan (LRFP). The LRFP was adopted by
Council in July 2012 to upgrade facilities and treatment processes to reduce
RWQCP’s carbon footprint, increase treatment efficiency and reliability, and
provide dependable and sustainable treatment. Identified in the plan are
facilities/process replacement projects to be constructed over a ten-year period
at a total cost of $197.5 million.
The existing Contract between the City of Palo Alto and RMC to provide program
management services for implementation of the LRFP was entered into on
City of Palo Alto Page 2
November 10, 2014, with the original term through November 9, 2017 and
compensation not-to-exceed $4,357,899, including $390,718 in additional
services. To date $746,945 has been expended.
Due to the State Water Resources Control Board (SWRCB) Clean Water State
Revolving Fund (CWSRF) funding being in higher demand than anticipated and
availability not being certain, program activities were delayed. Although CWSRF
funding for the Sludge Dewatering and Load Out Facility project was finally
secured, staff have learned that funding for the remainder of projects is
uncertain, therefore are working with RMC and RWQCP partner agencies to
develop alternate financing mechanisms including revenue bond financing and
pay-as-you-go approaches, enabling the program to proceed should future
CWSRF funds not be available.
RMC assisted in reaching the following major milestones:
Sludge Dewatering and Load Out Facility Project (WQ-14001)
o Secured $29.7M in CWSRF funding, City Council approved the CWSRF
Agreement on April 17, 2017.
o Completed design and constructability reviews.
o Approved construction contract with C. Overaa & Co., City Council
approved the contract on April 17, 2017.
o Selected a Consultant for Construction Management Services, City
Council approved the Tanner Pacific Agreement on April 17, 2017.
o Submitted the first CWSRF construction reimbursement request to the
SWRCB to cover $3.2 million soft costs. The reimbursement request
was submitted on July 5, 2017 and reimbursement was received August
21, 2017.
New Laboratory & Environmental Services Building project (WQ-14002)
o Completed a Siting Study to identify the proposed location of the new
Operations Center proposed to house the laboratory, environmental
services, and operations staff.
Primary Sedimentation Tank Rehabilitation (WQ-14003)
City of Palo Alto Page 3
o Released the Request for Proposals (RFP No. 168129) for design of the
project, proposals were due May 24, 2017.
o Received three proposals on May 24, 2017.
o Interviewed two consultants on June 29, 2017.
o Selected the design consultant.
o Drafted scope of work for the design of project.
Fixed Film Reactor Rehabilitation (WQ-14004)
Initiated the Secondary Process Evaluation to confirm whether the fixed
film reactors have a long term role in the treatment process at the
RWQCP or if the funds should be invested in an alternative treatment
process.
Plant Equipment Replacement project (WQ-80021)
Drafted scope of work for the Medium and Low Voltage Electrical
Distribution Network project.
Updating AutoCAD site plans for future facility layout coordination.
Assisted with ongoing capital program finance planning.
Discussion
The numerous improvements identified in the LRFP are necessary to ensure
compliance with regulatory wastewater treatment requirements, protection of
San Francisco Bay, and staff workplace and safety improvements.
Due to the following program work that remains, staff recommends extending the
contract term three years to end November 9, 2020.
Primary Sedimentation Tank Rehabilitation project design and construction
Fixed Film Reactor Rehabilitation project design and construction
Laboratory and Environmental Services Building project design and
construction
Biosolids and Secondary Treatment Assessment
Headworks Facility Replacement project design and construction
72” Interceptor Rehabilitation project design and construction
Ongoing LRFP program financial planning – assisting in lining up funding for the
program
City of Palo Alto Page 4
No changes to compensation are needed in this contract amendment.
Resource Impact
No additional funds are associated with adoption of the contract amendment.
Policy Implications
Adoption of the amendment does not represent a change in existing policies.
Environmental Review
Adoption of the amendment of the contract term extension is not an action that
requires CEQA review. This action does not meet the definition of a project for
the purposes of CEQA, under Public Resources Code Section 21065 and CEQA
guidelines Section 15378(b)(5), because they are administrative governmental
activities which will not cause a direct or indirect physical change in the
environment.
Attachments:
Attachment A - Amendment No. 1 S15153692 RMC Water
Attachment B - C15153692-RMC Water and Environment
AMENDMENT NO. 1 TO CONTRACT NO. C15153692
BETWEEN THE CITY OF PALO ALTO AND
RMC WATER AND ENVIRONMENT
This Amendment No. 1 to Contract No. C15153692 (“Contract” or “Agreement”) is
entered into November 6, 2017 (“Amendment Effective Date”), by and between the CITY OF PALO
ALTO, a California chartered municipal corporation (“CITY”), and RMC WATER AND
ENVIRONMENT, a California corporation, located at 100 West San Fernando, Suite 320, San Jose,
CA 95113 ("CONSULTANT"). City and Consultant are referred to herein collectively as the “Parties.”
R E C I T A L S
A. The Contract, dated effective November 3, 2014 was entered into between the Parties for the
provision of Program Management Services for the Projects under the Long Range Facilities Plan of
the Regional Water Quality Control Plant.
B. Section 25.4 of the Contract authorizes the Parties to modify the Contract by written amendment.
C. The Parties now desire to amend the Contract to extend the Term an additional 3 years from its
current expiration date November 9, 2017 to November 9, 2020, to enable program management
services for the Long Range Facilities Plan to continue, and to add Exhibit “C-2” (Hourly Rate
Schedule – Amendment No. 1) to the Contract to set forth the hourly rates applicable to the
additional 3 years of the Contract, with no increase in the maximum compensation under the
Contract.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this
Amendment, the Parties agree:
SECTION 1. Section 2, “TERM”, of the Contract is hereby amended to read as follows:
“The term of this Agreement is from the date of its full execution through November
9, 2020, unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 2. Section 4, “NOT TO EXCEED COMPENSATION”, of the Contract is hereby amended
to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services
described in Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not
exceed Three Million Nine Hundred Sixty-Seven Thousand One Hundred and Eighty
One Dollars ($3,967,181.00). 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 Four Million Three Hundred
Fifty-Seven Thousand Eight Hundred Ninety-Nine Dollars ($4,357,899.00). The
applicable rates and schedule of payment are set out at Exhibit “C-1” and “C-
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2”(Amendment No.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 “C12-1, C12-2, C12-3, C3-1 C3-2, and C3-3”. 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 3. The following exhibit(s) to the Contract is/are hereby amended and/or added to read as
set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference:
a. Exhibit “B” entitled “Schedule of Performance, Amendment No. 1”.- Amended
b. Exhibit “C-2” entitled “Hourly Rate Schedule, Amendment No. 1”.- Added
SECTION 4. Except as herein modified, all other provisions of the Contract, including any exhibits
and subsequent amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this
Amendment on the date first above written.
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CITY OF PALO ALTO
____________________________
City Manager or designee
APPROVED AS TO FORM:
_____________________________
City Attorney or designee
RMC WATER AND ENVIRONMENT
Officer 1:
By:___________________________
Name:_________________________
Title:________________________
Officer 2:
By:___________________________
Name:_________________________
Title:________________________
Attachments:
EXHIBIT “B”: SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1- AMENDED
EXHIBIT "C-2": HOURLY RATE SCHEDULE- ADDED
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Alyson Watson
President
Bruce Nicholson
Secretary
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
AMENDMENT NO.1
CONSULTANT shall perform the Services so as to complete each milestone within the number of 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.
Milestones Completion
No. of Weeks
From NTP
1. Year One Components 52 Weeks
1, 2, & 3
2. Year Two Components 104 week
1, 2, & 3
3. Year Three Components 156 Weeks
1, 2, & 3
4. Year Four Components 208 Weeks
5. Year Five Components 260 Weeks
6. Year Six Components 312 Weeks
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City of Palo Alto (0038-014.01)
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Woodard & Curran
May 31, 2017
Standard Billing Rates
2016 Labor Category 2017/18/19/20 Labor Category 2017 Rate 2018 Rate 2019 Rate 2020 Rate
EPS-1
Engineer 1 (E1)
$152 $156 $160 $164
Scientist 1 (S1)
Geologist 1 (G1)
Planner 1 (P1)
Technical Specialist 1 (TS1)
EPS-2/EPS-3
Engineer 2 (E2)
$178 $182 $187 $192
Scientist 2 (S2)
Geologist 2 (G2)
Planner 2 (P2)
Technical Specialist 2 (TS2)
EPS-4
Engineer 3 (E3)
$201 $206 $211 $216
Scientist 3 (S3)
Geologist 3 (G3)
Planner 3 (P3)
Technical Specialist 3 (TS3)
EPS-5
Project Engineer 1 (PE1)
$205 $210 $215 $221
Project Scientist 1 (PS1)
Project Geologist 1 (PG1)
Project Planner 1 (PP1)
Project Technical Specialist 1(PTS1)
EPS-6
Project Engineer 2 (PE2)
$222 $228 $233 $239
Project Scientist 2 (PS2)
Project Geologist 2 (PG2)
Project Planner 2 (PP2)
Project Technical Specialist 2(PTS2)EPS-7 Project Manager 1 (PM1)$237 $243 $249 $255Technical Manager 1 (TM1)
EPS-8 Project Manager 2 (PM2)$249 $255 $262 $268Technical Manager 2 (TM2)
EPS-9/EPS-10 Senior Project Manager (SPM)$266 $273 $279 $286Senior Technical Manager (STM)
EPS-11 to EPS-13 Senior Technical Practice Leader(STPL)$295 $302 $310 $318Service Line Leader (SLL)
EPS-13/EPS-14 National Practice Leader (NPL)$310 $318 $326 $334Strategic Business Unit Leader(SBUL)Tech-1 Software Engineer 1 (SE1)$136 $139 $143 $146
Tech-2 Designer 1 (D1)$140 $144 $147 $151
Tech-3 Designer 2 (D2)$150 $154 $158 $162
Tech4/Tech-5 Designer 3 (D3)$153 $157 $161 $165Senior Software Developer (SSD)
Tech-6/Tech-7 Senior Designer (SD)$165 $169 $173 $178
AD-1/AD2 Project Assistant (PA)$105 $108 $110 $113
AD-3 Marketing Assistant (MA)$113 $116 $119 $122Graphic Artist (GA)
AD-4/AD-5 Senior Accountant (SA)$125 $128 $131 $135Billing Manager (BM)
AD-6/AD-7 Marketing Manager (MM)$145 $149 $152 $156Graphics Manager (GM)
AMENDMENT NO.1
Rates shall apply to services performed by CONSULTANT from November 10, 2017 to November
November 9, 2020.
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Exhibit C-2 Hourly Rate ScheduleDocuSign Envelope ID: 2719AE5C-9CE5-40E1-9B8F-5047608EA074
Carollo Engineers, Inc.
2018 – 2020 Fee Schedule
2018 2019 2020
Engineers/Scientists
Assistant Professional $175 $182 $189
Professional $213 $222 $231
Project Professional $253 $263 $273
Lead Project Professional 1 $272 $283 $295
Lead Project Professional 2 $202 $210 $218
Senior Professional 1 $295 $307 $319
Senior Professional 2 $292 $304 $316
Senior Professional 3 $276 $287 $298
Technicians
Technicians $131 $136 $142
Senior Technicians $183 $190 $198
Support Staff
Document Processing / Clerical $115 $120 $125
Project Equipment Communication Expense (PECE)
Per DL Hour $11.70 $12.00 $12.30
Other Direct Expenses
Travel & Subsistence At cost At cost At cost
Mileage IRS rate per mile
Subconsultant Cost + 10% Cost + 10% Cost + 10%
Other Direct Cost Cost + 10% Cost + 10% Cost + 10%
Expert Witness Rate x 2.0 Rate x 2.0 Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.
EXHIBIT "C-2"
HOURLY RATE SCHEDULE
AMENDMENT NO.1
Rates shall apply to services performed by CONSULTANT from November 10, 2017 to
November November 9, 2020.
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Professional ServicesRev. Feb. 2014
CITY OF PALO ALTO CONTRACT NO. C15153692 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
RMC WATER AND ENVIRONMENT
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 10th day of November, 2014,
(“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal
corporation (“CITY”), and RMC WATER AND ENVIRONMENT, a California Corporation, located at 100 West San Fernando, Suite 320, San Jose, CA 95113 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to implement the Long Range Facilities Plan (“Project”) and desires to
engage a consultant to provide program management for the implementation of the LRFP while
maintaining plant operation and full permit compliance at all times 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 in
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.
Optional On-Call Provision (This provision only applies if checked and only applies to on-
call agreements.)
Services will be authorized by the City, as needed, with a Task Order assigned and approved by the City’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit
A-1. Each Task Order shall designate a City Project Manager and shall contain a specific scope
of work, a specific schedule of performance and a specific compensation amount. The total price
of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set
forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and the City may elect, but is not required, to
authorize work up to the maximum compensation amount set forth in Section 4.
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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 as Exhibit “B” 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. CONSULTANT is not responsible for schedule delays due to events or actions
by others that are beyond the reasonable control of CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall 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”, including both payment for professional services and reimbursable expenses, shall not exceed Three Million Nine Hundred Sixty-Seven Thousand One Hundred and Eighty One Dollars ($3,967,181.00). In
the event Additional Services are authorized, the total compensation for Services, Additional
Services and reimbursable expenses shall not exceed Four Million Three Hundred Fifty-Seven
Thousand Eight Hundred Ninety-Nine Dollars ($4,357,899.00).The applicable rates and schedule of payment are set out in Exhibit “C12-1, C12-2, C12-3, C3-1 C3-2, and C3-3”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part
of this Agreement.
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 in 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
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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
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 shall correct, at no cost to CITY, any
and all errors, omissions, or ambiguities in its work product submitted to CITY, to the extent that such errors, omissions, or ambiguities were not materially caused by erroneous or ambiguous information provided by others and, provided CITY gives notice to CONSULTANT. If
CONSULTANT has prepared plans and specifications or other design documents to construct
the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or
ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement until expiration of statutes of limitations and repose applicable to Consultant’s services for a period of four (4) years.
CITY shall furnish CONSULTANT available studies, reports and other data pertinent to
Consultant’s services.
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 the CITY’s stated construction budget, CONSULTANT shall make recommendations
to the 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.
CONSULTANT shall use due diligence and current market data in preparing the construction
cost estimates.
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 the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
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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.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee.
Option B: Subcontracts Authorized: 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: Carollo Engineers
Covello Group
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 Steve Clary as the Program Manager to have supervisory responsibility for the performance, progress, and
execution of the Services and Marc Nakamoto as the Deputy Program Manager 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.
The City’s project manager is Padmakar Chaobal, Public Works Department, Environmental
Services Division, RWQCP 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone:(650)
329-2287. The project manager will be CONSULTANT’s point of contact with respect to
performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery and final payment by CITY,
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
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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.
[Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 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 the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
[Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 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”) resulting from, arising out
of or in any manner related to performance or nonperformance by 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.
In the event an action alleges negligence on the part of CONSULTANT and/or CITY, or any
third parties not under contract with CONSULTANT, CONSULTANT’S obligations regarding
reimbursement of CITY’S reasonable defense costs incurred to the extent of CONSULTANT’S negligence as expressly determined by a final judgment, arbitration, award, order, settlement, or
other final resolution.
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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 Purchasing
Manager 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.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
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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. Prior to giving notice of termination or suspension for cause, CITY will provide CONSULTANT two weeks opportunity to remedy the
cause.
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. CONSULTANT makes no representation of the
suitability of work product for use in, or application to, circumstances not contemplated by the
scope of work, or for incomplete work products.
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. This obligation shall survive termination of the Agreement.
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
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at the address of CONSULTANT recited above
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.
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SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally
Preferred Purchasing policies which are available at the 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 the 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:
All printed materials provided by Consultant to City generated from a personalcomputer 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 the 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.
Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products andpackaging. A copy of this policy is on file at the Purchasing Office.
Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the 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. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the
City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without 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 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. 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.
25.3. 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.
25.4. 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.
25.5. 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.
25.6. 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.
25.7. 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.
25.8 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.
25.9 All unchecked boxes do not apply to this agreement.
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25.10 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.
25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement
25.12 In the event of a dispute under this agreement, CITY and CONSULTANT
agree to attempt a resolution by mediation. The mediator shall be acceptable to the CITY and
CONSULTANT. 25.13 CONSULTANT shall be named as additional primary insured(s) by the construction contractor’s General Liability and Builder’s All Risk insurance policies and all
Construction Documents and insurance certificates shall include wording acceptable to the
parties herein with reference to such provisions.
25.14 CONSULTANT shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by construction contractors or the
safety precautions and programs incident to the work of construction contractors and will not be
responsible for construction contractor’s failure to carry out work in accordance with the
Contract Documents unless the means, methods, techniques, sequences, or procedures of construction are specified by the CONSULTANT.
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
APPROVED AS TO FORM:
Senior Asst. City Attorney
RMC WATER AND ENVIRONMENT
By:
Name:
Title:
Attachments:
EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “C12-1”: SCHEDULE OF RATES EXHIBIT “C12-2”: SCHEDULE OF RATES EXHIBIT “C12-3”: SCHEDULE OF RATES
EXHIBIT “C3-1”: SCHEDULE OF RATES
EXHIBIT “C3-2”: SCHEDULE OF RATES
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Stephen Clary
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EXHIBIT “C3-3”: SCHEDULE OF RATES
EXHIBIT “D”: INSURANCE REQUIREMENTS
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EXHIBIT “A” SCOPE OF SERVICES
PALO ALTO REGIONAL WATER QUALITY CONTROL PLANT PROGRAM MANAGEMENT
SCOPE OF SERVICES
The Palo Alto Regional Water Quality Control Plant (RWQCP) was originally constructed in
1934 and had undergone several expansions and upgrades throughout the years. To date, the
RWQCP is an advanced treatment facility that provides treatment and disposal of wastewater for
the Cites of Palo Alto, Mountain View, and Los Altos; the Town of Los Altos Hills; the East
Palo Alto Sanitary District; and Stanford University. The RWQCP currently has a designed
average dry weather flow (ADWF) capacity of 39 million gallons per day (MGD), and a current
average flow of about 20 MGD. The RWQCP effluent is partly discharged to the San Francisco
Bay, and partly diverted to the RWQCP recycled water facility for reuse. A Long Range
Facilities Plan (LRFP) was prepared in 2012 to provide a road map for the RWQCP’s future.
Most recently, an Organics Facilities Plan ( OFP ) has been prepared to address the biosolids
from the RWQCP, food scraps from residents and businesses, and yard trimmings from residents
and businesses. The RWQCP seeks professional program management services to assist staff
with the implementation of the LRFP and the OFP.
BACKGROUND
The RWQCP was originally constructed in 1934 for treatment of local waste. In 1972, the
RWQCP was upgraded to a secondary treatment facility and expanded to the average dry
weather flow capacity of 35 mgd and the peak hour wet weather capacity of 80 mgd. With this
expansion, in addition to Palo Alto, the RWQCP provides wastewater treatment and disposal from the cities of Mountain View, Los Altos, East Palo Alto Sanitary District, Los Altos Hills,
and Stanford University.
In 1980, construction was completed for an upgrade to provide nitrification and tertiary
treatment. In 1988, a capacity expansion project increased the overall permitted average dry weather flow capacity to 39 mgd. In case there is a need for essential maintenance or to handle
wet weather flows exceeding 40 mgd, provisions were made so the nitrification and tertiary
treatment processes can be bypassed.
The existing treatment processes at the RWQCP consist of headworks, primary, two-stage secondary, tertiary, ultra-violet disinfection, solids incineration, and recycled water treatment.
Some of the original structures are still in use.
In 2012, the RWQCP conducted the LRFP to upgrade its facilities and treatment processes. The
goals are to reduce the RWQCP’s carbon footprint, increase treatment efficiency and reliability, and provide dependable and sustainable treatment. The LRFP was accepted by the Palo Alto City Council on July 2, 2012. The LRFP and information about the Plant are available at the
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plant website:
http://www.cityofpaloalto.org/news/displaynews.asp?NewsID=2101&TargetID=65
In March, 2014 the attached Organics Facilities Plan ( OFP ) was developed to address the biosolids from the RWQCP, food scraps, and yard trimmings. The first two components of the 4-component OFP address biosolids and are also contained in the LRFP. Therefore it is critical that
the LRFP and the OFP be fully coordinated as planning and design occur. Therefore the Project
Management Consultant being selected via this RFP, must integrate the LRFP and the OFP.
Components 3 and 4 of the OFP address food scraps and yard trimmings, respectively.
The LRFP identified a total cost of $192 million of facilities/process replacement projects to be
constructed over a ten year period. It is anticipated that varying phases of the projects would
overlap. The RWQCP seeks to retain a consulting engineering firm to act as Program Manager
for these projects. The Program Manager will be responsible for planning and coordinating project activities, acquiring and managing the preparation of designs and environmental documents by other consultants, conducting design reviews, coordinating or managing
construction of projects, working with RWQCP engineering staff to monitor overall budgets and
schedules, facilitating the RWQCP with regulatory and partner agencies liaison, and assisting the
RWQCP on public relations, as needed.
PROJECT APPROACH
The LRFP provides a basis for the Consultant to understand City and community goals. Consultant shall assist the RWQCP to implement the projects following the road map outlined in the LRFP. The LRFP identified seven major facilities/processes that need to be upgraded or
replaced:
Solids handling
Primary sedimentation
Lab/environmental services
Fixed film reactors
Headworks
Recycled water filters and chlorine contact tank
Joint interceptor sewer
The RWQCP anticipates awarding separate consulting contracts for the above projects. The
RWQCP is also considering the use of design-build process for some projects. A tentative
implementation schedule and budget of the LRFP is included with this request for proposal as
Attachment A. Subsequent to Council’s acceptance of the LRFP, the RWQCP is completing the Biosolids Facility Plan in accordance with the LRFP recommendation regarding the solids
handling process. Council’s decisions on the Biosolids Facility Plan recommendations shall be
the guide to the Solids handling project.
Additionally, the City is considering two projects, one for preprocessing of food scraps, and one for processing of yard trimmings, which would be related to the Biosolids Facilities Plan. These
two projects are Components #3 and #4 of the City’s Organics Facilities Plan OFP and shall be
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referred to as Components #3 and #4 of the OFP. Component #3 projects will be managed by
Consultant in the same way as the LRFP projects, except that the funding source is different
(largely the City’s Refuse Fund ), and therefore the financial management will be kept separate.
CONSULTANT SERVICES
GENERAL
Consultant shall provide program management for the implementation of the LRFP while maintaining plant operation and full permit compliance at all times. The LRFP would provide an overall rehabilitation as well as new processes and facilities in the existing RWQCP. The
program requires Consultant to provide a large variety of services. The Consultant team shall
have experience in competitive bid process and possess a full spectrum of engineering/financial
expertise, including structural, civil, process mechanical, instrumentation & controls, environmental, and construction management. Consultant shall be knowledgeable of laws and regulations related to wastewater treatment facilities including NPDES permit regulations,
California and Federal air regulations, greenhouse gas regulations, OSHA , and environmental
documentation requirements. Consultant shall put together a flexible team with flexible time
allocation to accommodate the needs of the program.
The program manager will report to the senior engineer of the RWQCP. For Components #3 and
#4 of the OFP, the program manager shall report to the City’s Solid Waste Manager. Consultant
shall become familiar with the City’s procedures and be an extension of the RWQCP engineering
group. It is therefore important that the Consultant team shares common values with the RWQCP staff and a communication style for successful integration with RWQCP staff. It is the RWQCP’s expectation that Consultant will operate in an advisory capacity on matters requiring
decisions, and be able to implement the LRFP with minimal assistance from RWQCP staff.
Consultant is not expected to navigate the projects through City procedures, but is expected to
provide all support documents needed for RWQCP staff to move the project through City process.
There is limited office space available at the RWQCP. RWQCP staff will work with Consultant
to determine how best to accommodate Consultant team for optimal efficiency. Consultant shall
keep its work properly organized at all times. As much as possible, records shall be in electronic
format compatible with the RWQCP’s software, hardware and security protocols. Records of work shall be available to the RWQCP at all times. City will have ownership rights of all
records and documents. Consultant shall not share City documents or information with anyone
outside of the City organization, except the Consultant program team, without the City’s
approval. Any preliminary design performed by Consultant under this Contract shall be the
property of the City and City has the right to allow the design engineer to use the preliminary design documents to complete the final design.
BASIC SERVICES
Task 1: Planning and coordination
Consultant shall review the work requirements of the LRFP, and make projection of the impacts
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on the RWQCP’s treatment process, operation, and finance. Consultant shall lay out the
schedule for the funding, environmental review, design, regulatory, and construction activities
for a phased implementation of the LRFP. A separate schedule for Components #3 and #4 of the
OFP shall be prepared. Consultant shall plan and coordinate the activities of the various phases/projects to maintain conformance with the LRFP budget and schedule. Consultant shall:
1.1 Determine phasing of work, critical paths, milestones for projects to minimize impact
while ensuring the RWQCP complies with regulatory requirements, consistent with the
LRFP recommendations
1.2 Set deadlines for funding, permitting, environmental review, design, and construction for
the various phases/projects
1.3 Refine and customize program management tools to fit the specific needs of the LRFP, including tools for budget management, schedule management, cash flow & forecasting and accounting & financing
1.4 Develop and maintain a master schedule of all the projects under the LRFP, perform
CPM analysis as needed
1.5 Develop and maintain a comprehensive overall program budget and cash flow projection
for the LRFP
1.6 Develop reporting tool to provide updates and alert the RWQCP of issues in a timely manner
Task 2: Acquisition and management of project consultants
Consultant shall assist the RWQCP in obtaining the services of consulting engineering firms to complete the environmental documentations and designs of projects under the LRFP and Components #3 and #4 of the OFP, keeping all financial management and billings separate for
these two projects. Consultant will not be allowed to propose on any of these projects.
Consultant shall:
2.1 Prepare scope of work and Requests for Proposal
2.2 Assist RWQCP staff to navigate project through City’s acquisition process to obtain the
engineering services
2.3 Evaluate proposals and assist RWQCP with the selection of engineering firms for the projects
2.4 Oversee and provide consistency across multiple designers and ensure that the designs of
multiple projects would result in consistency across multiple contractors
2.5 Develop document management requirements and ensure consistency in project reporting
and products
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Task 3: Design/Document reviews
Consultant shall conduct review of the reports, plans and specifications prepared by the consulting engineering firms for projects under the LRFP and Components #3 and #4 of the OFP. Consultant shall:
3.1 Coordinate and engage plant staff with projects to ensure proper basis of planning and
design
3.2 Review all reports, design submittals, scope changes, project products and establish a
QA/QC program
3.3 Coordinate and provide information needed for environmental documents and design of projects, and ensure consistency across multiple projects
3.4 Provide value engineering and constructability review
3.5 Review and ensure regulatory compliance
Task 4: Services for project construction
Consultant shall assist the RWQCP to ensure proper execution of construction contracts under
the LRFP and Components #3 and #4 of the OFP. Consultant shall:
4.1 Prepare invitation for bid packages
4.2 Assist RWQCP staff to navigate through City’s acquisition procedures to obtain the
contracts for construction of the LRFP projects
4.3 The RWQCP has the option to and may request the Consultant to provide or assist staff
with construction management services. Consultant shall prepare the scope and budget.
City will amend the Consultant’s annual contract to include the agreed upon fee for the
construction management services. Consultant will then perform the construction
management services under the amended Basic Services
4.4 Alternatively, the RWQCP has the option to request Consultant to prepare “Request for
Proposal” document to obtain the services of construction management firm to oversee
the construction project. Consultant and/or its Sub-consultants may propose on this task
4.5 Coordinate and ensure consistency and continuity across multiple construction projects
4.6 Coordinate multiple construction project activities with plant operations / project phasing
/ shutdowns
4.7 Coordinate and review the progress of multiple construction projects to ensure that
conflicts/issues are resolved by the appropriate parties in a timely manner
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4.8 Keep the RWQCP informed of the progress of the projects
Task 5: Services for alternate project delivery (DELETED)
Task 6: Budget and schedule management
Consultant shall monitor overall budgets and schedules and maintain conformance with the LRFP budget and schedule. Consultant shall:
6.1 Monitor the budget and schedule of multiple projects under varying phases of design and
construction
6.2 Coordinate and monitor funding activities for the projects
6.3 Prepare cash flow and forecast for the individual project and for the combined projects
under the program
6.4 Prepare accounting and financing documents/reports for City, partner agencies, and funding agencies
6.5 Document accounting, financing, and reporting activities in sufficient detail, suitable for
internal and outside audits
Task 7: Participation with in-house project
Consultant shall coordinate with RWQCP engineering group on activities of in-house projects to
avoid or resolve any conflicts with schedules or work. Coordination with plant staff shall be an on-going continuous effort of the Consultant’s services.
Consultant may be asked to assist RWQCP staff with minor in-house project design and/or
construction management. Upon request by the RWQCP engineering staff, Consultant shall
prepare the scope of work and budget. If RWQCP desires Consultant’s service for the minor in-
house project, such work shall be performed under the Additional Task component of the contract.
Task 8: Regulatory and partner agencies liaison
Consultant shall facilitate with regulatory and partner agencies as a liaison. As needed, Consultant shall:
8.1 Prepare informational material and assist the RWQCP with the presentation of workshops
and updates for the City management, Council Committees, City Council, and partner
agencies
8.2 Coordinate and prepare applications and regulatory documents as needed for the projects,
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collaborate with regulatory agencies, establish permit requirements, and assist the
RWQCP in the permitting process
8.3 Update and assist the RWQCP with regulatory changes and compliance requirements
Task 9: Public outreach
For public relations, the city typically takes a lead role and utilizes outside help on an as needed
basis. Consultant shall assist the RWQCP with any required public outreach. Most of the public outreach for the program has been done during the preparation of the LRFP. The RWQCP does not expect any project controversy or a significant need for outside assistance with public
outreach. Consultant shall:
9.1 Prepare program communications plan if needed
9.2 Perform technical, regulatory and environmental analyses if needed to prepare for public outreach effort
9.3 Prepare slides, handouts, and outreach materials
9.4 Assist with public meetings
9.5 Incorporate stakeholders/public inputs
9.6 Document the outreach process, issues, discussions, goals, and outcome
Task 10: Funding acquisition
City anticipates funding the LRFP projects with the State Revolving fund loan. Consultant may be required to assist City with funding acquisition. When requested by the RWQCP, assist with
acquisition of funding, such as the State Revolving Fund loan or bond financing. With respect to
Components #3 and #4 of the OFP, consultant will be asked to seek grant funding from all
available sources. Consultant shall be knowledgeable and be prepared to provide the full
spectrum of services needed to secure funding. Services would include preparation of the necessary documents required by funding agency, meeting and coordination with funding
agency, preparation of documents for council approval, coordination with credit review agency,
etc.
Task 11: Project management Consultant shall provide necessary administration, minutes, proper invoicing meeting funding agencies’ requirements, budget control, project controls, quality assurance and reviews, and professional oversight. Project staffing shall be maintained at acceptable levels to keep the project on schedule, ensure continuity of information, and satisfy the requirements of the scope of work.
Task 12: Office Trailer
Consultant shall provide office space, office equipment, furniture and all items required to
function as a field office for managing various phases of the program.
ADDITIONAL SERVICES
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The City may elect to have Consultant perform any or all of the following additional services.
Consultant shall perform these services only if pre-authorized in writing by the City Project
Manager. Consultant shall provide an hourly rate sheet and include annual escalation for future
years if any.
1. When requested by the RWQCP, assist with minor in-house project design and construction
management
2. Assist City with public outreach efforts in excess of task 9 due to unforeseen controversies
3. Assist City with regulatory compliance or permitting efforts in excess of task 8 due to
unforeseen regulatory/permitting changes.
Related links
1. Biosolids Facility Plan (BFP)
http://www.cityofpaloalto.org/civicax/filebank/documents/39964
2. Long Range Facility Plan (LRFP)http://www.cityofpaloalto.org/civicax/filebank/documents/32042
3. Preliminary Design for the Dewatering & Loadout Facilityhttp://www.cityofpaloalto.org/civicax/filebank/documents/32042x
4. Site Assessment and Design Guidelines for Baylands Natural Preserve
http://www.cityofpaloalto.org/civicax/filebank/documents/13318
5. Palo Alto Municipal Codehttp://www.amlegal.com/nxt/gateway.dll/California/paloalto_ca/paloaltomunicipalcode?f=tmplat
es$fn=default.htm$3.0$vid=amlegal:paloalto_ca
6. PA Goals, Policies and Programs
http://www.cityofpaloalto.org/civicax/filebank/documents/8176
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Professional Services
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\
Attachment A
Long Range Facility Plan
Tentative Implementation Schedule and Budget
Project Title Project Start Year Project Cost
Solids handling Facility Planning – 2013
Phase I – 2014
Phase II – 2015 $69,000,000
Primary Sedimentation Tank Rehabilitation 2015 $7,313,000
Lab & Environmental Services Building 2015 $17,903,763
Fixed Film Reactors Structure and Equipment 2017 $19,420,440
Headworks Facility (including Grit Removal
System
2020 $38,856,627
Recycled Water Filters and Chlorine Contact
Tank
2022 $14,209,044
Joint Interceptor Sewer 2022 $30,800,000
Total LRFP Program $197,502,874.00
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
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.
Milestones Completion
No. of Days/Weeks
From NTP
1.Year One Components1, 2, & 3 52 Weeks
2.Year Two Components
1, 2, & 3 104 Weeks
3.Year Three Components
1, 2, & 3 156 Weeks
4.
5.
6.
7.
8.
9.
10.
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
EXHIBIT “C12-1” YEAR 1 COMPENSATION FOR COMPONENTS 1 & 2
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.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$582,807. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $641,088. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total
compensation for Basic Services, including reimbursable expenses, does not exceed
$582,807 and the total compensation for Additional Services does not exceed $58,281.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $164,881
(Planning & coordination)
Task 2 $108,563
(Acquisition and management of project consultants)
Task 3 $138,255
(Design/document reviews)
Task 4 $12,381
(Services for project construction)
Task 5 $0
(Deleted)
Task 6 $18,002
(Budget and schedule management)
Task 7 $9,210
(Participation with In-house projects)
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
Task 8 $7,974
(Regulatory and partner agencies liaison)
Task 9 $8,528
(Public outreach)
Task 10 $27,615
(Funding acquisition)
Task 11 $63,999
(Project management)
Task 12 $23,400
(Office trailer)
Sub-total Basic Services Year 1 $582,807
Reimbursable Expenses $0
Total Basic Services and Reimbursable expenses $582,807
Additional Services (Not to Exceed) $58,281
Maximum Total Compensation $641,088
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.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost.
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Program Management Services for the RWQCP
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $1000 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
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
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Program Management Services for the RWQCP
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
EXHIBIT “C12-2” YEAR 2 COMPENSATION FOR COMPONENTS 1 & 2
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.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$1,528,621. CONSULTANT agrees to complete all Basic Services, including
reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $1,681,483. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum
amount of compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total
compensation for Basic Services, including reimbursable expenses, does not exceed
$1,528,621 and the total compensation for Additional Services does not exceed
$152,862.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $33,425
(Planning & coordination)
Task 2 $588,383
(Acquisition and management of project consultants)
Task 3 $497,282
(Design/document reviews)
Task 4 $52,335
(Services for project construction)
Task 5 $0
(Deleted)
Task 6 $73,157
(Budget and schedule management)
Task 7 $20,448
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
(Participation with In-house projects)
Task 8 $31,918
(Regulatory and partner agencies liaison)
Task 9 $11,686
(Public outreach)
Task 10 $0
(Funding acquisition)
Task 11 $187,627
(Project management)
Task 12 $16,800
(Office trailer)
Sub-total Basic Services Year 2 $ 1,528,621
Reimbursable Expenses $0
Total Basic Services and Reimbursable expenses $1,528,621
Additional Services (Not to Exceed) $152,862
Maximum Total Compensation $1,681,483
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.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
C15153692
Program Management Services for the RWQCP
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $1000 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
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
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Program Management Services for the RWQCP
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
EXHIBIT “C12-3” YEAR 3 COMPENSATION FOR COMPONENTS 1 & 2
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.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$1,502,711. CONSULTANT agrees to complete all Basic Services, including
reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $1,652,982. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum
amount of compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total
compensation for Basic Services, including reimbursable expenses, does not exceed
$1,502,711 and the total compensation for Additional Services does not exceed
$150,271.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $31,877
(Planning & coordination)
Task 2 $558,786
(Acquisition and management of project consultants)
Task 3 $375,005
(Design/document reviews)
Task 4 $173,754
(Services for project construction)
Task 5 $0
(Deleted)
Task 6 $93,991
(Budget and schedule management)
Task 7 $21,266
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
(Participation with In-house projects)
Task 8 $30,690
(Regulatory and partner agencies liaison)
Task 9 $11,236
(Public outreach)
Task 10 $28,694
(Funding acquisition)
Task 11 $176,169
(Project management)
Task 12 $16,800
(Office trailer)
Sub-total Basic Services Year 3 $ 1,502,711
Reimbursable Expenses $0
Total Basic Services and Reimbursable expenses $1,502,711
Additional Services (Not to Exceed) $150,271
Maximum Total Compensation $1,652,982
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.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
C15153692
Program Management Services for the RWQCP
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $1000 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
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
C15153692
Program Management Services for the RWQCP
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
EXHIBIT “C3-1” YEAR 1 COMPENSATION FOR COMPONENT 3
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.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$105,326. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $115,859. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total
compensation for Basic Services, including reimbursable expenses, does not exceed
$105,326 and the total compensation for Additional Services does not exceed $10,533.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $16,179
(Planning & coordination)
Task 2 $0
(Acquisition and management of project consultants)
Task 3 $62,030
(Design/document reviews)
Task 4 $0
(Services for project construction)
Task 5 $0
(Deleted)
Task 6 $7,032
(Budget and schedule management)
Task 7 $0
(Participation with In-house projects)
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
Task 8 $7,974
(Regulatory and partner agencies liaison)
Task 9 $0
(Public outreach)
Task 10 $0
(Funding acquisition)
Task 11 $12,112
(Project management)
Task 12 $0
(Office trailer)
Sub-total Basic Services Year 1 $105,326
Reimbursable Expenses $0
Total Basic Services and Reimbursable expenses $105,326
Additional Services (Not to Exceed) $10,533
Maximum Total Compensation $115,859
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.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
C15153692
Program Management Services for the RWQCP
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $1000 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
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
C15153692
Program Management Services for the RWQCP
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
EXHIBIT “C3-2” YEAR 2 COMPENSATION FOR COMPONENT 3
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.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$118,032. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $129,835. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total
compensation for Basic Services, including reimbursable expenses, does not exceed
$118,032 and the total compensation for Additional Services does not exceed $11,803.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $0
(Planning & coordination)
Task 2 $0
(Acquisition and management of project consultants)
Task 3 $67,706
(Design/document reviews)
Task 4 $0
(Services for project construction)
Task 5 $0
(Deleted)
Task 6 $7,313
(Budget and schedule management)
Task 7 $0
(Participation with In-house projects)
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
Task 8 $8,293
(Regulatory and partner agencies liaison)
Task 9 $0
(Public outreach)
Task 10 $21,557
(Funding acquisition)
Task 11 $13,163
(Project management)
Task 12 $0
(Office trailer)
Sub-total Basic Services Year 2 $ 118,032
Reimbursable Expenses $0
Total Basic Services and Reimbursable expenses $118,032
Additional Services (Not to Exceed) $11,803
Maximum Total Compensation $129,835
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.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
C15153692
Program Management Services for the RWQCP
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $1000 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
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
C15153692
Program Management Services for the RWQCP
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
EXHIBIT “C3-3” YEAR 3 COMPENSATION FOR COMPONENT 3
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.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$129,684. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $142,652. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total
compensation for Basic Services, including reimbursable expenses, does not exceed
$129,684 and the total compensation for Additional Services does not exceed $12,968.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $0
(Planning & coordination)
Task 2 $46,210
(Acquisition and management of project consultants)
Task 3 $38,394
(Design/document reviews)
Task 4 $0
(Services for project construction)
Task 5 $0
(Deleted)
Task 6 $13,014
(Budget and schedule management)
Task 7 $0
(Participation with In-house projects)
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
Task 8 $9,175
(Regulatory and partner agencies liaison)
Task 9 $0
(Public outreach)
Task 10 $8,393
(Funding acquisition)
Task 11 $14,498
(Project management)
Task 12 $0
(Office trailer)
Sub-total Basic Services Year 3 $ 129,684
Reimbursable Expenses $0
Total Basic Services and Reimbursable expenses $129,684
Additional Services (Not to Exceed) $12,968
Maximum Total Compensation $142,652
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.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost.
C15153692
Program Management Services for the RWQCP
39
DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services
Rev. Feb. 2014
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $1000 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
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
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DocuSign Envelope ID: 6A3702AE-16F8-4B4A-84A2-9391CB094AD5
Professional Services Rev. Feb. 2014
EXHIBIT “C-1” HOURLY RATE SCHEDULE
RMC Water and Environment
2014 Standard Billing
Rates
Billing Classifications 2014 Rates
Engineer-Planner-Scientist
EPS-1 $ 146.00
EPS-2 $ 156.00
EPS-3 $ 168.00
EPS-4 $ 184.00
EPS-5 $ 194.00
EPS-6 $ 205.00
EPS-7 $ 215.00
EPS-8 $ 226.00
EPS-9 $ 236.00
EPS-10 $ 250.00
EPS-11 $ 265.00
EPS-12 $ 276.00
EPS-13 $ 286.00
EPS-14 $ 297.00
Intern $ 53.00
Technician
TECH-1 $ 127.00
TECH-2 $ 130.00
TECH-3 $ 135.00
TECH-4 $ 140.00
TECH-5 $ 146.00
TECH-6 $ 154.00
TECH-7 $ 156.00
Administrative
AD-1 $ 94.00
AD-2 $ 99.00
AD-3 $ 104.00
AD-4 $ 114.00
AD-5 $ 125.00
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AD-6 $135.00
AD-7 $146.00
Note: The individual hourly rates include salary, overhead and profit. Other direct
costs (ODCs) such as reproduction, delivery, mileage (as allowed by IRS
guidelines), and travel expenses will be billed at actual cost plus 10%.
Subconsultants will be billed as actual cost plus 10%. RMC reserves the right to
adjust its hourly rate structure at the beginning of each year for all ongoing
contracts.
CAROLLO
ENGINEERS, INC.
FEE SCHEDULE
As of January 1, 2014
California
Engineers/Scientists
Hourly Rate
Assistant Professional $154.00
Professional 188.00
Project Professional 223.00
Lead Project Professional 244.00
Senior Professional 265.00
Technicians
Technicians
115.00
Senior Technicians 162.00
Support Staff
Document Processing / Clerical 102.00
Project Equipment Communication Expense (PECE) Per
DL Hour
11.70
Other Direct Expenses
Travel and Subsistence at cost
Mileage at IRS Reimbursement Rate Effective January 1, 2014
$.56 per mile
Subconsultant
cost + 10%
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Other Direct Cost
cost + 10%
Expert Witness
Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.
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The Covello
Group, Inc.
Billing Rate
Schedule
July 1, 2014 through June 30, 2015
Principals ……………………………………………………………………………………………………….. $205 - $255 per hour
Bruce Presser, P.E. $225
Gary Skrel, P.E. $225
Construction Managers ………………………………………………………………………………….. $175 - $205 per hour
Chris Davenport, P.E. $200
Mike Jaeger, P.E.; QSD/QSP $190
Resident Engineers …………………………………………………………………………………………. $140 - $185 per hour
Mike Redig, P.E. $165
Danielle Green, P.E. $150
Project Controls Engineers ……………………………………………………………………………… $110 - $165 per hour
Gerrit Post, P.E. $155
Andy Deal $110
Office Engineers ……………………………………………………………………………………………… $95 - $140 per hour
Zack Downing $125
Andrew Matey $115
Alex Page $95
Inspectors ………………………………………………………………………………………………………. $130 - $140 per hour
Dennis Budasz $135
James Williams $135
Jonathan Cowsert $130
Administrative Assistants ……………………………………………………………………………….. $80 -$95 per hour
Hourly Billing Rates include all normal expenses. Extraordinary expenses, such as out-of-town travel, lodging, major field office
equipment, etc. are billed at cost.
Subconsultants are billed at cost plus 5% mark-up.
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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
YES 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. THE RMC WATER AND ENVIRONMENT DEDUCTIBLE AMOUNT OF $100,000 HAS BEEN APPROVED BY CITY.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
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
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INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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 ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE EMAILED OR MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303.
EMAIL: InsuranceCerts@CityofPaloAlto.org
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