HomeMy WebLinkAbout2003-09-15 City Council (4)TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:SEPTEMBER 15, 2003 CMR:427:03
SUBJECT:PUBLIC MEETING TO SOLICIT INPUT ON THE WATER
RECYCLING PLAN FOR THE MOUNTAIN VIEW-MOFFETT AREA
FACILITIES
This is an informational report and no Council action is required.
DISCUSSION
On June 23, 2003, Council approved the preparation of a water recycling plan for the
Mountain View/Moffett area facilities (CMR:327:03). Staff is working with the City of
Mountain View to inform the public of the project, obtain input, and address concerns. The
first public meeting will be held on September 24, 2003 from 6:30 p.m. - 8:00 p.m. in the
Mitchell Park Community Center, Room 1. This first meeting is designed to deliver project
information to the public, establish dialogue, and encourage input from the public.
The Water Recycling Plan (Plan) will investigate:
1. Replacement of the existing deteriorated reclaimed water pipes located north of Highway
101 from the Regional Water Quality Control Plant to Mountain View Shoreline golf
links; and
2. Extension of the replacement pipe from Shoreline to NASA-Moffett Field.
Reasons for the project
> Maintain service to Shoreline area - The RWQCP has been delivering reclaimed water to
the Shoreline golf links since the early 1980’s. Service to Shoreline has been interrupted
due to the poor condition of the delivery pipes. The existing pipes lie in an
environmentally sensitive marsh that poses problems for access and repairs. The Plan
will investigate an environmentally sound project to replace the pipes. A second part of
the Plan is to investigate the extension of the replacement pipe from Shoreline to Moffett
area. The replacement pipe will be sized for the future reuse opportunities in Mountain
View and Moffett area. The potential additional reuse qualifies the RWQCP for the State
grant.
CMR:427:03 Page 1 of 2
Diversify water sources and improve water supply reliability - Water reuse provides a
new reliable, locally-controlled source of supply, freeing up drinking water for other uses,
and reducing the dependency on imported water.
Support sustainability - Diverse stakeholder groups agree that a key long term goal of
the RWQCP should be to support and maximize water reuse due to both water supply
and environmental benefits.
Schedule of the prqiect
Funding availability drives the schedule of the project. To minimize costs, the RWQCP
secured a State grant that provides 50% funding for the Plan. The deadline for completion of
the Plan is February 28, 2004. The State could also provide a construction grant up to $5
million, but the funding opportunity must be seized quickly, as funds are limited. Upon
completion of the Plan, the RWQCP could apply for the construction grant immediately.
Design and construction could proceed in the latter part of 2004 pending funding.
The Site-Design and environmental review for this project are being coordinated with the
Department of Planning and Community Environment. The pamphlet entitled "Mountain
View - Moffett Recycled Water Facility Information Packet" (Attachment B) provides
additional information on the project.
ATTACHMENTS
Attachment A: CMR:327:03
Attachment B: Pamphlet
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
Daisy Stark, Senior Engineer
William D. Miks, Manager RWQCP
Phil Bobel, Manager Environmental Compliance
GLENN S. ROBERTS
Director of Public Works
EMIL~’-~H~ S ON
Assistant City Manager
CMR:427:03 Page 2 of 2
ATTACHMENT A
TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL ........
1 2CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
JUNE 23, 2003 CMR:327:03
APPROVAL OF CONTRACT WITH RAINES, MELTON, &
CARELLA, INC. IN THE AMOUNT OF $300,000 FOR THE
PREPARATION OF AWATER RECYCLING FACILITY PLAN
FOR THE SOUTHERN~GION (MOUNTAIN VIEW-MOFFETT)
OF THE REGIONAL WATER QUALITY CONTROL PLANT
SERVICE AREA - A PROJECT 50% FUNDED BY THE STATE OF
CALIFORNIA
RECOMMENI)ATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Raines,
Melton, & Carella, Inc. in the amount of $300,000 for the preparation of a Water
Recycling Facility Plan for the southern region (Mountain View-Moffett) of the
Regional Water Quality Control Plant (RWQCP) service area.
2.Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Raines, Melton, & Carella, Inc. for related,
additional but unforeseen work, which may develop during the project, the total
value of which shall not exceed $30,000.
BACKGROUND
The RWQCP wastewater discharge permit requires that the plant maintain its reclaimed
water facility and reclaimed water delivery to several existing reuse sites, including the
Shoreline golf links at Mountain View-. However, the existing reclaimed water pipeline
to Shoreline has deteriorated beyond repair and must be replaced in order to maintain
service. The RWQCP needs to perform a study to investigate an environmentally sound
project to replace the broken pipe because the existing pipe lies in an environmentally
sensitive marshland. The replacement pipe will be up-sized in anticipation of future
reuse opportunities in Mountain View and Moffett Field. The potential additional reuse
qualifies the RWQCP to apply for State funding.
Council adopted a resolution and authorized staff to file an application for a State gant in
the amount of $150,000 for funding 50% of the Mountain View-Moffett water recycling
CMR:327:03 Page 1 of 3
Summarv of Bid Process
Bid Name I Soil Filter and Piping Project
~roposed Len~h of Project I 8 months
Number of Bids Mailed to Contractors ] 5
Number of Bids Mailed to Builder’s Not applicable (specialty project)
Exchanges
Total Days to Respond to Bid 29
Pre-Bid Meeting?Yes
Number of Company Attendees at Pre-Bid 4
Meeting
Number of Bids Received:I 3 (two valid, one withdrawn)
Bid Price Range I $323,700 to $337,500
A notice inviting formal bids for the Soil Filter and Piping Project was sent on May 13,
")00~ to ~q,,~ ,.,-,,~,-~o~,,-o o,,~ ,,~,o÷~,~ r-,;,,,T~.~. bidding "~ da~, .....at Hall. ,,,,. period was ~.~ ys.
mandatory pre-bid meeting was held on May 27, 2003. Four bidders attended the
meeting. Bids were received from three qualified contractors on time on June 10, 2003
as listed in the bid summary (Attachment B). Contractors not responding indicated that
they did not submit a bid because subcontractors they needed would make their bid price
uncompetitive.
Bids received ranged from $~_~,700 to $~/,s00. One bidder withdrew its bid due to
clerical error. Staff has reviewed all bids submitted and recommends that the bid of
$323,700 submi~ed by Power Engineering c’,,,~,-~o~o ~,o ,, ...... ~,~ o..~ ,~.o, D ......
Engineering Contractors, Inc. be declared the lowest responsible bidder. The bid is 0.6
~") ""~’ (whichpercent below staffs estimate of $325,797. The change order amount of
equals 10 percent of the total contract) is requested to resolve unforeseen problems and/or
conflicts that may arise during the construction period.
Staff checked references supplied by the contractor for previous work performed and
found no significant complaints. Staff also checked with the Contractor’s State License
Board and found that the contractor has an active license on file.
RESOURCE IMPACT
Funds for the Soil Filter and Piping Project have been appropriated under the FY 2002-
200z Wastewater Treatment CIP project ~80_ 1
POLICY IMPLICATIONS
Recommendations of this staff report are consistent with existing City policies.
CMR:aa 1.0~Page_ "~ of 3
This project will result in a design and construction project. The subsequent design-
construct project is included on the State funding priority list. Other funding sources are
also being pursued. The construction of the project may not go forward if the RWQCP is
unable to secure outside funding.
POLICY IMPLICATIONS
The recommendation of this staff report is consistent with City policies.
ENVIRONMENTAL REVIEW
Council has approved the Environmental Impact Report of the RWQCP reclan~ation
progam in 1998. Additional environmental document wil! be prepared as part of this
project per the California Environmental Quality Act.
ATTACHMENTS
Attachment A: Contract
Attachment B: Consultant List
PREPARED BY:Daisy Stark, Senior En~neer RWQCPWilliam D. ~Miks, Manage R~~.~_~
DEPARTMENT HEAD : ~/~/~~- ./~
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
%MILY HARRISON
Assistant City Manager
CMR:327:03 Page 3 of 3
CONTRACT lqO.
BETWEEN TEE CITY OF PALO ALTO AND
RAINES, MELTON & CARELLA, INC.
FOR CONSULTING SERVICES
This Contract No.is entered into ,
by and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and
~AiNES, MELTON & CARELLA, INC., a California corporation, located
at 2290 North First Street, Suite 204, San Jose,CA 95131
("CONSULTANT") .
RECITALS :
WHEREAS, CITY .desires certain professiona! consulting
services ( Se_v_ces ) and the preparation and delivery of, without
limitation, one or more sets of documents, drawings, maps, plans,.
designs, data, calculations, surveys sDeclf~cations, schedules or
other writings ("De!iverab!es") (Services. and De!iverab!es are,
collectively, the "Project"), as more fully described in Exhibit
~_ , and
WHEREAS, CITY desires to engage CONSULTanT, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Project on the terms and in
th__e manner set forth ~ ....~- :--~"~:-- ’ .....~ ....
and conditions of the State Water Resource Contro! Board Grant
Contract No. 02-719-550-0.
NOW,~ THEREFORE, in consideration of the. covenants, te_rms,
conditions, and provisions of this Contract, the parties agree’:
SECTION !. TERM
!.! This Contract will commence on the date of its
execution by CITY, and wil! terminate upon the completion of the
Project, unless this Contract is earlier terminated by CITY. Upon
execution of thi~ Agreement, CONSULTanT shal! prepare a schedule
detailing the critica! path and time!ine for each task as described
in Exhibit "A" for acceptance by CITY. Upon acceptance of the
schedule, the CITY shal! issue a notice to proceed to CONSULTANT
and CONSULTANT shal! commence work on the Project tasks in.
accordance with the schedule and as described in Exhibit "A~. Time
is of the essence of this Contract. in the event that the Project
is not completed within the time required through any fault of
CONSULTANT, CITY’s city manager will have the option of extending
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the rime schedule for any period o÷ time. This provision wil! not
preclude the recovery of damages for delay caused by CONSULTANT.
SECTION 2.SCOPE OF PROJECT; CH~NGES & CORRECTIONS
2.1 The scope of Services and Deliverab!es constituting
the Project ("Basic Services") will be performed, delivered or
executed by CONSULTANT in accordance with the schedule and the
requirements of Exhibit "A".
2.9 CIT’~ may order substantial.... _ c~_anges in the scope or
character oT ~_e Project either decreasing or increasing the
amount of work required of CONSULTANT. in the event that such
changes are ordered, subject to the approva! of CITY’s City
Counci!, as may be required, CONSULTANT wil! be entitled to full
compensation for a]] work performed mrior to CONSULTANT’s rece_p~
of the notice of change and further wil! be entitled, to an
extension of~the time schedule. Any increase in com~ensa~_on_ ~ for
substantia! changes wil! be determined in accordance with the
provisions of this Contract. CITY wi]=! not ~be liable for the cost
~dd!~±ona!or ~a’v~ent of any cnal.ge in work, unless the amount of ~ ’~
compensation attributable to the change in work is agreed to, in
writing, by CITY before CONSULTANT commences the perfo_rmance of any
such change in work.
2.3 Where the Project entails the drafting and
submission of De!iverab!es, for example, construction plans,
drawings, and specifications, any and al! errors, omissions, or
ambiguities in the De!iverab!es, which are discovered by CITY
before invitations to bid on a construction, project (for which the
De!iverab!es are required) are distributed by CITY, wil! be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
2.4 ~ny and al! errors, omissions, or as~biguities in the
De!iverab!es, which are discovered by CITY after the construction
contract ~s awarded by CITY, wil! be performed by CONSULTANT, as
follows- (a) at no cost to CITY insofar as those Services,
including the Basic Services or the Additiona! Services, as
described below, or both, wil! result in minor or nonbeneficiai
changes in the construction work required of the construction
contractor; or (b) at CITY’s cost insofar as those Services,
including the Basic Services or the Additiona! Services, or both,
wil! add a direct and substantial benefit to the construction work
required of the construction contractor. The project manager in
the reasonable exercise o~ his or her discretion wil! determine
w..ezner tSe Basic Services or the Additional Services, or both,
wil! contribute minor or substantia! benefit to the construction
work.
030616 sd} 0100083
SECTION 3.
CON S ULTANT
QUALI FICAT IONS,STATUS,AND DUTIES OF
3.1 CONSULTANT represents and warrants that it has the
expertise and professiona!qualifications to furnish or cause to be
furnished the Services and De!iverab!es. CONSULTANT further
represents and warrants that the project director and every
individual, including any consultant (or contractors), charged with
the performance of the Services are duly licensed or certified by
the State of California, to the extent such licensing or
certification is required by law to perform the Services, and that
the Project will be executed by them or under their supervision.
CONSULT~_NT will furnish~ to CITY for approva!, prior to execution of
this Contract, a list of al! individuals and the names of their
employers or principals to be emp!oyed as consultants.
3.2 in reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTanT toexecute, and
CONSULTANT covenants and agrees that it wil! execute or cause to be
executed, the Project.
3.3 CONSULT~_NT will assign TOM RICHARDSON as the project
director to have supervisory responsibility for the performance,
progress, and execution of the Project and as the project
coordinator who will represent CONSULT~T during the day-to-day
work on the Project. if circumstances or conditions subsequent to
one execution of this Con~_acu cause z._e substitution of the
project director or project coordinator for any reason, the
appointment of a substitute project .director or substitute project
coordinator wil! be subject to the prior written approval of the
project manager.
3.4 CONSULTANT represents and warrants that it will:
3.4.1 Procure all permits and licenses, pay all
charges and fees, and give al! notices which may be necessary and
incident to the due and lawfu! prosecution of the Project;
3.4.2 Keep itself fully informed of all existing and
future Federa!, State of California, and !oca! laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
emp!oyed under this Contract and any materials used in CONSULT~_NT’s
performance o{ the Services;
3.4.3 At all times observe and comply With, and cause
its emp!oyees and consultants, if any, who are assig.ned to the
performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
030616 sdl 0100083
3
~ ~ A Wii~the mroject manager,...... ~ report im~edi-~-~’"~c~y to _
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the De!iverab!es.
3.5 ~my De!iverab!es given to, or PrePared or assembled
by, CO}~SULTANT or its consultants, if any, under this Contract
become the property of CITY and wil! not be made available to any
individua! or organization by CONSULTANT or its consultants, if
any, without the prior written approval of the city manager.
3.6 CONSULT~_NT wil! provide CITY with twenty (20). copies.
of any documents which are a part of the De!iverab!es upon their
completion and acceptance by CITY.
3.7 if CITY requests additional copies of any documents
which are a part of the De!iverab!es, CONSULTANT wil! provide such
additiona! copies and CITY will compensate CONSULTANT for i ~
dupi{cating costs.
3.8 CONSULTANT will be responsible for employing or
engaging a!l persons necessary to execute the Project. .A!!
consultants of CONSULTANT will be deemed to be directly controlled
and.supervised by CONSULTANT, which wil! be responsible for their
performance. If any emp!oyee or consultant of CONSULTANT fails or
refuses <o carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or consultant wi!l be discharged imraediately from further
performance under this Contract on demand of theproject manager.
3.9 in the execution of the Project, CONSULT_~qT and its
consultants, if any, wil! at al! times be considered independent
contractors and not agents or emp!oyees of CITY.
3.10 CONSULTANT will perform or obtain Or cause to be
performed or obtained any and al! of the following Additiona!
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.10.1 Providing services as.an expert witness in
Connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.10.2 incurring travel and subsistence expenses for
CONSULTanT ~ ~~ -_=n@ its stafr beyond those normally required under the
Basic Services;
3.10 3 Performing any other Additional Services ~ ~¯~.a~
may be agreed upon by the parties subsequent to the execution of
this Contra.ct; and
030616 sd| 0100083
3.!0.~ Other Additiona! Services now or hereafter
de=cr~_~ea in Exhibit "A" to this Contract.
3 77 CONSULTANT will be resmonsib]~ for employing
all consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants must
be approved, in - ~- n , _=ava!.ce by CITY, in writing, and must remain
acceptable to CITY during the term of this Contrac=.
SECTION 4. DUTIES OF CITY
4.1 CITY wil! furnish or cause to be furnished the
services listed in Exhibit "A" and such information regarding its
requirements applicable to the Project as may be reasonably
requested by CONSULTANT.
4.2 CITY will review and approve, as necessary, in a
timely manner the De!iverab!es and each phase of work performed by
CONSULTANT[ CITY’s eseimated time of review and approva! will be
furnished to CONSULTANT at the time of submission of each phase of
~n=~thework.CONSULTANT acknowledges and understands =~ ~
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish the time of each review and approva! task. CITY’s
failure to review and approve within the estimated time schedule
wil! not constitute a default under this Contract.
~ ~ T~ city m~n~m~ wi!! remresent CiTY for all
purposes under this Contract. DAISY STARK is designated as the
project manager for the city manager. The project manager wi!l
supervise the performance, progress, and execution of the Project.
4.4 if CITY observes or otherwise becomes aware of any
default in the performance of cONSULTANT, CiTY wil! use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5.COMPENSATION
5 ! CITY will compensate CONSULTANT for the fol!owing
services and work:
5.1.1 in consideration of the ful! perfo_rmance of the
Basic Services, including any authorized .reimbursable expenses,
CITY wil! pay CONSULTanT a fee not to exceed Three Hundred Thousand
Dollars ($300,000). The amount of compensation will be calculated
in accordance with the schedule set forth in Exhibit "B", on a lump
sum per task basis, up to the maximum amount set forth in this
Section. The fees of the consultants, who have direct contractua!
030616 sdl 0100083
relationships with CONSULTANT, will be approved, in advance, by
CITY. C!TY reserves the right to refuse pan, Lent of such fees, if.
such prior approval is not obtained by CONSULTANT.
5.1.2 CITY, through its project manager, may
authorize CONSULTANT to perform Additional Services in an amount
not to exceed Thirty Thousand Dollars ($30,000). Prior
commencing such Additional Services the parties will agree in
writing upon an estimated maximum cost for such Additional
Services.. Compensation for Additional Services shall be made
based on the hourly rate schedule set forth in Exhibit "B" or on a
!~mp s~m basis. The rate schedule may be updated by CONSULTanT only
once each calendar year, and the rate schedules will not become
effective for purposes of this Contract, unless and unti!
CONSULTANT gives CITY thirty (30) days’ prior written notice of the
effective date of any revised rate schedule.
5.1.3 CONSULTANT will not be paid. for extra work or
changes, including, without limitation, any design work or change
order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights~
5.2 The schedule of payments wi!l be made as follows:
5.2.1 Payment for Basic Services will be made in
monthly progress payments in proportion.to the quantum of services
performed, or in accordance with any other schedule of payment
mutually agreed upon by the parties, as set forth in Exhibit "B",
or within thirty (30) days of submission,in triplicate, of such
requests if a schedule of payment is not specified. CITY wil! make
final pa~ent after CONSULTANT has submitted a!l De!iverab!es,
including, without limitation, reports which have been approved by
the project manager.-
5.2.2 Payment for properly authorized Additional
Services will be made in monthly progress payments for services
rendered, within thirty (30) days of submission, in triplicate, of
such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
s~ms withheld by CITY from pa~ents to general contractors.
SECTION 6.ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services. and Additiona! Services pertaining to the project will be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
.030616 sdl 0100083
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years fol!owing the
expiration or earlier termination of this Contract.
6.2 The originals of the Deliverab!es prepared by or
under the direction of CONSULTANT in the performance of this
Contract wi!! become-the property of CTTY irrespective of whether
the Project is completed upon CiTY’s pa~.ent of the amounts
required to be paid to CONSULTANT. These originals wil! be
delivered to CITY without additiona! compensation. CITY will have
the right to utilize any fina! and incomplete drawings, estimates,
specifications, and any other documents prepared hereunder by
CONSULTANT, but CONSULT~!~T disclaims any responsibility or
liability for any alterations or modifications of such documents.
SECTION 7.. iNDEMNYTY
7.1 CONSULTanT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, emp!oyees and
agents, from any and al! demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of CONSULTANT’s, its
officers’, agents’, consultants’ or employees’ negligent acts,
errors, or omissions, or willfu! misconduct, or conduct for which
applicable law may impose strict liability on CONSULT~_NT in the
performance of or failure to perform its obligations under this
Contract.
SECTION 8. WAIVERS
8.1 The waiver by either party of any breach or violation
of any covenant, term, condition or provision of this Contract. or
of the provisions of any ordinance or law wil! not be deemed to be
a waiver of any such covenant, term, condition, provision,
ordinance, or law or of any subsequent breach or violat.ion of the
same or of any other covenant, term, condition, provision,
ordinance or law. The subsequent acceptance by either party of any
fee or other money that may bec6me due hereunder wil! not be deemed
to be a waiver of any preceding~breach or violation by the other
party of any covenant, term, condition or provision of this
Contract or of any applicable law or ordinance.
8.2 NO pa~ent, partial ~avment, acceptance, or partial
acceptance by CITY wil! operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION 9. INSU_R_’hNCE
9.1 CONSULTANT, at its s01e cost and expense, will
obtain and maintain, in full force and effect during the term of
030616 sd! 0100083
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONSULTg~JT and its consultants, if any, but also,
with the exception of workers’ compensation, employer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under, this Contract.
9.2 ~]] insurance coverage required hereunder will be
provided through carriers with Best’s Key Ratinq Guide ratings of
A:V!I or higher which are admitted to transact insurance business
in the State of Ca!ifornia. Any and al! consultants of CONSULT~_~T
retained to perform Services under this Contract wil! obtain and
maintain, in ful! force and effect during the term of this
Contract, identical insurance coverage< naming CiTY as an
additiona! insured under such policies as required above.
9.3 Ce<tJ~cates of such insurance, preferably on
forms provided by CITY, wil! be filed with CITY concur_~n~!y with
the execution of this Contract. The certificates will be subject
to ~=~ _~p~ova!:_ of CITY’s _<~sk_ manager and will__ contain an
endorsement stating that the insurance is primary coverage and wil!
not be canceled or altered by the insurer except after filing with
the CITY’s city clerk thirty (30) days’ p£ior written notice
such cancellation or alteration, and.that the City of Pa!o Alto is
named as an additiona! insured except in policies of workers’
compensation, employer’s liability, and professiona! liability
insurance. Current certificates of such insurance~wi!l be kept on
Conu_ac~ with the citv~]~e at al! times during <he term of this ~< ~
clerk.
9.4 The procuring of such required policy or policies
of insurance wil! not be construed to limit CONSULTANT’s liability
hereunder nor to fulfil! the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT wil! be obligated for the ful! and total amount of any
damage, injury, or loss Caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or !oss arising after the Contract is terminated or
the term has expired.
SECTION !0. WORKERS’ COMPENSATION
!0.! CONSULTANT, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every emp!oyer to be insured against
liability for workers’ compensation or to undertake self’insurance
in accordance with the provisions of that Code, and certifies that
it wil! comply with such provisions, as applicable, before
commencing the performance of the Project.
030616 sdl 0100083
"E TI m=-SiON OF ~=~.C! ,ON i!. TEPJ£!NAT{ON OR SUS~=N CON,_RACT OR
!i.! The city manager may suspend the execution of the
Project, ~nwho!e or in part, or terminate this Contract, with or
wi£hout, cause, by giving thirty (30) days’ prior written notice
thereo{ to CONSULTANT, or i~mediate!y after submission to CITY by
CONSULTANT of any completed item of Basic Services. Upon receipt
of such notice, CONSULT~iqT wil! immediately discontinue its
performance under this Contract.
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project bY giving thirty (30) days’ prior
written notice thereo{ to CITY, but only in the event of a
substantia! failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Project.
11.3 Upon such suspension or termination by CITY,
CONSULTANT wil! be compensated for the Basic Services and
Additiona! Services performed and Deiiverab!es received and
approved mr~o< to receipt of written nou=c~ {tom CiTY of such
suspension or abandonment, ro@ezne_ with authorized additiona! and
reimbursable expenses then due. if the Project is resumed after it
has been suspended for more than 180 days, any change in
~CONSULTANT’s compensation wil! be subject to renegotiation and, if
necessary, approva! of CITY’s City Council. if this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
""~ be ~7~=~=~ ~ ~m~=n~ CONSULTANT only for ~ ~ portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
11.4 in the event of termination of this Con[ract or
Suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as fol!ows:
11.4.1 For approved items of services, CONSULTanT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
11.4.2 For approved items of services on which a
notice to proceed is issued by CITY, b~t which are not fully
performed,. CONSULT/~T wil! be compensated for each item of service
in an amount which bears the same ratio to the tota! fee otherwise
pay-~b!e for the performance of the service as .the quantum of
service actually rendered bears to the services necessary for the
ful! performance of that item of service.
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11.4.3 The total compensation payable under the
Preceding paragraphs of this Section wil! not exceed the payY~ent
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
qq 5 Upon such suspension or termination, CONSULT~_NT wi]q
deliver to the city manager i~mediate!y any and al! copies of the
Del~verab]es wh~her or not completed, prepared by CONSULTANT or
its consultants, {f any, or given to CONSULTanT or its consultants,
if any, in connection with this Contract. Such materials will
become the p~operty of CITY.
11.6 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or reco_rmmendations, if the s&me
are called for under this Contract, on the basis of differences in
matters of jud97uent, wil! not be construed as a failure on the part
of CONSULTANT to fulfill its obligations under this Contract.
SECTION 12.ASSIGNMENT
12.! This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will not assign~ transfer,
convey, or oLnerw!se dispose of this’ ConLrac~ or any right, title
or interest in or to ~:_e same or any part thereof without the prior
written consent of CiTY ’~__.... ~_ consent to one assig~_ment wi]] not be
deemed to be- a consent to any -subsequent assig_n_ment. . Any
assignment made wir_.our the approval of CITY will be void and, at
the op<_on~J of the cit’g_ manager, this Contract may be terminated.
This Contract wil! not be assignable by operation of law.
SECTION 13. NOTICES
13.1 Al! notices hereunder Will be given, in writing,
and mailed, postage prepaid, by certified mail, addressed as
follows:
To CITY:Office of the City Clerk
City of Pa!o Alto
Post Office Box 10250
Pa!o Alto, CA 94303
To: RWQCP:Attn:Daisy Stark
RWQCP
2501 Embarcadero Way
Pa!o Alto, Ca 94303
To CONSULTANT: Attention: Tom Richardson
_RAINES, MELTON & CARELLA, INC.
2290 North First Street, Suite 204
San Jose, CA 95131
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!0
S~±±ON 7A_,. cONmLTCT~ .. _ OF INTEREST
14.1 !n accepting this Contract, CONSULTANT covenants
that xt presently has no interest, and wi!l not acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
14.2 CONSULTANT further covenants that, in the
-performance of this Contract, it wil! not employ contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one who has or wil! have any financia! interest
under this Contract is an officer or emp!oyee of CITY; this
provision wil! be interpreted in accordance with the applicable
provisions of the Paio Alto. Municipa! Code and the GovernMent Code
of the State of California.
SECTION 15. NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipa! Code, no
discrimination wil! be made in the employment Of persons under this
Contract because of the age, race, color, nationa! origin,
ancestry, religion, disability, sexual preference or gender of such
person, if the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet al!
requirements of the Paio ~ A!to Hunicipa! Code pertaining to
nondiscrimination in e~pioyment, .inc!uding completing the requisite
form furnished by CiTY and set forth in Exhibit "D".
15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as fol!ows:
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federa! and State of California laws covering
Prevailing wages and nondiscrimination in
emp!oyment; and that [Name of Provider] wil!
not discriminate in the emp!o~ent of any-
person under this contract because of the age,
race, co!or, nationa! origin, ancestry,
religion, disability, sexual preference or
gender of such persgn."
15.3 if CONSULTANT is found in violation of the
nondi ~ ’ ~’_scr±m!na~on ~rovisions of the State of California Fair
Emp!oy~ent Practices Act or similar provisions of .Federal law or
executive order in the performance-of this Contract, it wi!l be in
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!!
default of this Contract. Thereupon, CITY wil! have the power to
cance! or suspend this Contract, in whole or in mart, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such p~rson was subjected to
discrimination, as d&mages for breach of contract, or both. Only a
finding of the State of .California Fair Emp!o]~ment Practices
Co,mission or the equivalent federai agency or-officer wi!!
constitute evidence of a breach of this Contract.
SECTION 16.MISCELLANEOUS PROVISIONS
16.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federal Americans with
Disabilities Act of 1990, and the Government Code and the Health
and Safety Code of the State of California, relating to access to
public buildings and accommodations for disabled persons, and
relating to facilities for disabled persons. CONSULT~_NT wil!
comply with or ensure by its advice that compliance with such
provisions will be effected pursuant to the terms of this Contract.
16.2 Upon the agreement of the parties, any controver.sy
or claim arising out of or relating to this Contract may be settled
by arbitration in accordance with the Rules of the ~merican
Arbitration Association, and judgment upon the award rendered by
-<he Arbitrators may be entered in any court having jurisdiction
thereof.
16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.4 in the event that an action is brought, t.he parties
agree that tria! of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
16.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’fees expended in
connection with that action.
16.6 This document represents the entire and integrated
Contract between the parties and supersedes al! prior negotiations,
representations, and contracts, either written or ora!. This
document may be amended on!y by a written instrument, which is
signed by the parties.
16.7 All provisions of this Contract, whether covenants
or conditions, wi!l be deemed to be both covenants and conditions:
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16.8 The covenants, terms, conditions and provisions of
this Contract will apply to, and wii! bind, the heirs, successors,
executors, a~ministrators, assignees, and consultants, as the case
¯ may be, of the parties.
16.9 if a court of competent jurisdiction finds or rules
that any provision of this Contract or any amen6ment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
16.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from tLme to
time, may be referred to in any duly executed amendment hereto are
by such reference incorporated in this Contract and wil! be deemed
to be a part of this. Contract.
16.11 This Contract may be executed in any n~er of
counterparts, each of which will be an original, but al! of which
together wil! constitute one and the same instr-@ment.
16.12 This Contract is subject to the fisca! provisions
of the Charter of the City of Palo Alto and the Pa!o A!to Municipa!
Code. This Contract will terminate without any penalty (a) at the
end of any fisca! year in the event that funds are not appropriated
for the fol!owing fisca!, year, or (b) at any time within a fisca!
year in the event that funds are on!y appropriated for a portion of
the fisca! year and funds for this Contract are no !onger
available. This Section 16.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
//
//
//
//
//
//
//
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IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:
Assistant City Attorney
APPROVED:
Assistant City Manager
P~!NES, MELTON & £ARELLA,
iNC., a corporation
By:
Name:
Title:
Director of A6ministrative
Services
Director of Public Works
By:
Na~e:
Title:
insurance Review
Attachments:
EXHIBIT "A":
EXHIBIT "B""
EXHIBIT "C"-
EXHIBIT "D"-
Taxpayer T~-n’-~’-’~-~e~< N~
(Compliance with Corp. Code ~ 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
in the alternative, a certified corporate
reso!ut$on attesting to the signatory
authority of the individuals signing.in
their respective capacities is acceptable)
SCOPE. OF PROoNECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FOHJ
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CEI%TIFIC~.TE OF ACI~qOWLEDGMENT
Civi! Code ~ 1189)
)
) as.
)
On" , 200 before me, the undersigned, a
.i ~~d~[~tar~-, ~P;~bl~co,[~ ll~-~~’~i f~ said~Coun~y and State,, Pezsonal!~’pers°nally bn~appeared~__ ~me--or proved to me on the basis of satisfactory evidence to.be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his!her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instr~ent.
WITNESS my hand and
Signatur~ of Notar~ Public
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CERTIFICATE OF ACKNOWLEDG3~ENT
(Civil Code ~ 1189
STATE OF @ ~
On i? ,2OP~,beforeme, theundersigned, a
Noi zor said County and State, personally appeared
~ proved to me on the basis of satisfactory.evidence to be the
person(s) whose-name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
His/her/their authorized capacity.(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and.mffi-~ia
Signatu~
~i~ea!"
:e of Notary Public
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16
ATTACHMENT B
PALO ALTO REGIONAL WATER QUALITY CONTROL PLANT
MOUNTAIN VIEW - MOFFETT RECYCLED WATER
FACILITY PLAN
INFORMATIONAL PACKET
SEPTEMBER 2003
CONTENTS
PAGE 1
2
3
.4
5&6
7
BACKGROUND
LONG-TERM GOALS OF THE RWQCP
PROJECT SCOPE
PROJECT BENEFITS AND CHALLENGES
INSTITUTIONAL ARRANGEMENTS AND FUNDING
SCHEDULE
The city of Palo Alto operates the Regional Water Quality Control plant (RWQCP) for the cities
of Palo Alto, Mountain View, Los Altos, the Town of Los Altos Hills, East Palo Alto Sanitary
District, and Stanford University. To mitigate the discharge of treated wastewater to San
Francisco Bay, the RWQCP is required to operate and maintain a Water Reuse Program. The
Water Reuse Program was started in the early 1980 and has been providing recycled water for
landscape and golf course irrigation in the cities of Palo Alto and Mountain View.
The Shoreline Golf Links in the City of Mountain View is one of the first reuse sites under the
RWQCP Water Reuse Program. However, current delivery of reclaimed water to Shoreline is
not possible becanse the delivery pipes have deteriorated significantly. The existing pipes lie in
an environmentally sensitive marsh that poses problems for access and repairs. The delivery
pipes are several miles long. The cost for replacement of the pipes is high and financially
difficult for the RWQCP. The RWQCP has been diligently seeking outside funding to replace
the pipes in order to restore service to Shoreline Golf Links and potentially expand the program.
The RWQCP started a Long-term Goals Study in July 2000 with the vision that the future
RWQCP will be consistent with the concept of sustainability. During the course of the study, the
RWQCP hosted a series of workshops that led to the development of the long-term goals by
stakeholders. Two of the 14 goals that were developed by the stakeholders established water
recycling as a key priority for the RWQCP:
Take leadership role in promoting beneficial reuse and environmental enhancement
Maximize recycled water as a supplemental water source
In addition, developing the recycled water activities was also identified as a key means to achieve
many of the other long-term goals, including meeting or exceeding regulatory requirements.
In June 2003, the Palo Alto City Council signed a contract with the State Water Resources
Control Board and accepted a $150,000 grant to prepare a Water Recycling Facility Plan for the
Mountain View / Moffett area. On June 23, 2003 Council approved the project. The Water
Recycling Plan will investigate:
1.Replacement of the existing recycled water pipes from the Regional Water Quality Control
Plant to Mountain View Shoreline golf links
2. Extension of the recycled water pipe from Shoreline to NASA-Moffett Field
The replacement pipe will be sized for the future reuse opportunities in Mountain View and
Moffett area. The potential additional reuse qualifies the RWQCP for the State grant. The
final product of the Water Recycling Facility Plan will include:
¯Recommendations on the alignment and construction methods of the replacement
pipe
¯Environmental document and clearance for the replacement pipe
¯Cost estimate and financial plan
¯Funding requirements and sources
¯Commitments from users
¯Institutional arrangements
This project provides hnportant environmental and economic benefits:
¯Diversifies water sources and improves water supply reliability
¯Restores service to Shoreline area
¯Extends tax dollars that paid for the treatment of the wastewater to keep parks and the
golf course green and healthy
¯Supports sustainability
The project faces many challenges that are typical of water reuse projects. The main challenges
to this project includes:
¯Institutional arrangements
¯Funding
°Customer and public acceptance
The funding and institutional issues are discussed in the following pages. Customer mad public
acceptance is critical to the success of the project. The RWQCP is launching an outreach
program, including a series of public meetings, to inform the public and solicit input. This project
has the support of a diverse group of stakeholders. Information about the project and the Water
Reuse Program is posted at the website w~¢w. cityofpaloalto, org/waterreuse.
4
Implementation of water reuse projects requires agreement among the recycled water producer,
the water supply agencies, and the end users. Issues that may need to be resolved include:
¯Funding for capital
¯Ownership and operation of facilities
¯Transfer of responsibilities
¯Cost-shining arrangements
¯Impact of lost potable water revenues
An important part of the project is to develop cost estimates and a financial plan for the
design/construction, operation and maintenance of the facility. Based on the cost information,
the RWQCP will vcork with the end users and parties involved to develop reuse incemives and a
pricing policy, and to identify fimding sources. In view of the potential project benefits, funding
sources may include:
State Water Resources Control Board (SWRCB) - Proposition 50 grant or low interest loan
Santa Clara Valley Water District (SCVWD) and!or San Francisco Public Utilities
Commission
RWQCP, City of Mountain View, end users
Federal funding - United States Bureau of Reclamation (USBR) and/or United States
Environmental Protection Agency (USEPA)
The State grant is a very probable source of funding. To qualify for the State grant, the project
must deliver recycled water to new reuse customers. To secure the grant, the project needs to be
competitive in terms of project cost and potential number of customers that would use the
recycled water. The State could fired as much as $5 million for construction. To apply for the
grant, the RWQCP needs to submit the facility planning report by the end of February 2004 that
includes:
User commitments
Information on funding sources
Institutional arrangements
Environmental clearance documents
Without securing a State grant for the construction of the project, the RWQCP will not be able to
repair the delivery pipes to Shoreline and does not have sufficient funding to replace the pipes. At
this time, it appears that the State grant will be available in the upcoming fiscal year. To secure
this potential source of funding, it is vital that the institutional arrangements be kept simple in
order to accommodate the fast track schedule of the project. It is hoped that some type of
partnership could be fol~ned between the RWQCP, the City of Mountain View, and the SCVWD
that would enable the project to secure funding and move forward. Additional partnerships could
be formed in the future with other agencies if desired.
As part of the project, the RWQCP will be working with the SCVWD and the City of Mountain
View on institutional arrangements. Presently, the RWQCP is seeking reuse sites along the pipe
route, which runs on the north side of highway 101. The reuse application will be mainly
landscape irrigation. Most of the green-scapes along the pipe route are in the city of Mountain
View. The RWQCP will be gathering data on reuse quantities, pipe size and alignment, and
costs. These and other information and data are needed to develop an institutional arrangement
and funding strategy. It is anticipated that the follow-up information pamphlets will show the
various funding and cost scenarios for the project.
6
Funding opporttmities drive the project schedule:
Planning (current phase)
Design!Construction
50% matching grant from the
SWRCB
Possible Grant and/or low
interest loan from SWRCB,
USBR, or USEPA
March 2003 February 28,
2004
March 2004
The RWQCP is following a fast track schedule for this project in order to meet the State
deadlines for funding. Under the contract with the SWRCB, the RWQCP is required .to
complete the planning phase report, including environmental clearance document, by February
28, 2004. Upon approval of the report by the SWRCB, t.he RWQCP could file the application
for the construction grant immediately and be eligible for the funding. The State could fund as
much as $5 million, but funding is linaited and is awarded on a first-come-first-serve basis.
Pending availability of funding, the desigrdconstruction of the pipeline could begin in the fall of
2004. Shoreline golf links could be reconnected in 2005.
7