HomeMy WebLinkAbout2001-04-23 City Council (9)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
8
FROM:CITY MANAGER DEPARTMENT: UTILITIES
DATE:APRIL 23, 2001 CMR:194:01
SUBJECT:APPROVAL OF CONSULTANT CONTRACT IN THE AMOUNT
OF $370,778 WITH MONTGOMERY WATSON FOR THE
WASTEWATER COLLECTION SYSTEM MASTER PLAN
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract in the amount of
$370,778 to prepare a master plan of the wastewater collection system to Montgomery
Watson.
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with.Montgomery Watson for related, additional but unforeseen
work, which may develop during the project, the total value of which shall not exceed
$29,000.
DISCUSSION
Consultant Services Description
The work to be performed under the contract is for the preparation of a comprehensive study
of Palo Alto’s wastewater collection system based on current and future needs and to develop
adynamic computerized model of the system. Staff recognized the need to update the 1988
master plan prepared by Camp Dresser & McKee, Inc., and funds were budgeted for a new
master plan study in fiscal year 2000-01. The consultant will develop a new hydraulic model
of the collection system, utilize the model tO identify existing and future capacity
CMR: 194:01 Page 1 of 3
deficiencies, and recommend/prioritize, the Capital Improvement Program (CIP) projects to
alleviate the capacity deficiencies at the lowest practical cost.
The scope of services to be provided by the consultant is detailed in Exhibit A of the
Agreement. The principle objectives include:
1.Develop a user-friendly dynamic computerized model and computerized maps of the
wastewater collection system, both of which will be useful to the City in planning studies
and in maintaining the system.
2.Determine the adequacy of the collection system to meet current and future wastewater
flow demands.
3.Identify sewer pipe capacity deficiencies for future wastewater flow demands.
4.Recommend and prioritize the capital projects to implement the required improvements
to correct the prioritized pipe deficiency problems in the wastewater collection system.
Selection Process
Staff sent a request for proposals to thirteen consulting firms on December 11, 2000. Firms
were given fifty days to respond to the request. Pre-proposal meetings were held with six
individual firms. A total of five In’ms submitted proposals. Proposals ranged from $270,505
to $383,900. Those firms not responding indicated that they did not submit a proposal
because of prior commitments of their teams.
A selection advisory committee consisting of Water-Gas-Wastewater and Regional Water
Quality Control Plant staff reviewed the proposals. Four firms were invited to participate in
oral interviews on February 21, 2001. The committee carefully reviewed each firm’s
qualifications and submittal in response to the RFP relative to the following criteria:
1.The experience & qualification of the project team in wastewater collection system master
planning.
2.Understanding of the project scope and familiarity with the project.
3.Overall project approach.
4.Project team’s knowledge and experience of hydraulic modeling.
5.Project team’s’ ability to organize and present information.
Montgomery Watson was unanimously selected because the firm’s proposal and presentation
were the most comprehensive, its design team had the most experience and qualification in
wastewater collection system master planning, the team had the best understanding of the
project scope and objectives, and had the best project approach.
CMR:194:01 Page 2 of 3
RESOURCE IMPACT
Funds for this project are available in the fiscal year 2000-01 Capital Improvement Program
budget for the Wastewater Collection System.
POLICY IMPLICATIONS
This report does not rePresent any change to existing City policies.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the provisions of California Environmental Quality
Act and no further environmental review is necessary.
ATTACHMENTS
A:Agreement
B:Exhibit A: Scope of Project
C:Exhibit B: Schedule
D:Exhibit C: Fee Estimate
E:Exhibit D: Rate Schedule
PREPARED BY: Scott Bradshaw, Roger Cwiak, Edward Wu, Silvia Santos
DEPARTMENT HEAD:
;ctor of Utilities
CITY MANAGER APPROVAL:
EMIL’~ HARRISON
Assistant City Manager
CMR:194:01 Page 3 of 3
CONTRACT NO.
BETWEEN THE CITY OF PALOALTO AND
MONTGOMERY WATSON AMERICAS, INC.
FOR CONSULTING SERVICES
ATTACHME~
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
MONTGOMERY WATSON AMERICAS,-INC., a’California corporation, located
at 1340 Treat Blvd.,Suite 300,Walnut Creek,CA 94596
("CONSULTANT").
RECITALS:
IWHEREAS, CITY desires certain professional consulting
services ("Services") and the preparation and delivery of, without
limitation, one or more sets of documents, drawings, maps, plans,
designs, data, calculations, surveys, specifications, schedules or
other writings ("Deliverables") (Services and Deliverables are,
collectively, the "Project"), as more fully described in Exhibit "A";
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
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties ag.ree:
SECTION I.TERM
i.i This Contract will commence on the date of its
execution by CITY, and will terminate upon the completion of the
Project, unless this Contract is earlier terminated by CITY. Upon
the receipt of CITY’s notice to proceed, CONSULTANT will commence
work on the initial and subsequent Project tasks in accordance with
the time schedule set forth 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 the time schedule
for any period of time. This provision will not preclude the
recovery of damages for delay caused by CONSULTANT.
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SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS
2.1 The scope of Services and Deliverables constituting
the Project will be performed, delivered or executed by CONSULTANT
under the phases of the Basic Services as described below.
2.2 CITY may order substantial changes in the scope or
character of the Basic Services, the Deliverables, or the Project,
either decreasing or increasing the amount of work required of
CONSULTANT. In the event that such changes are ordered, subject to
the approval of CITY’s City Council, as may be required, CONSULTANT
will be entitled to full compensation for all work performed prior
to CONSULTANT’s receipt of the notice of change and further will be
entitled to an extension of the time schedule. Any increase in
compensation for substantial changes will be determined in
accordance with the provisions of this Contract. CITY will not be
liable for the cost or payment of any change in work, unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performanceof any such change in work.
2.3 Where the Project entails the drafting and
submission of Deliverables, for example, construction plans,
drawings, and specifications, any and all errors, omissions, or
ambiguities in the Deliverables, which are discovered by CITY
before invitations to bid on a construction project (for which the
Deliverables are required) are distributed by CITY, will be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
2.4 Any and all errors, omissions, or ambiguities in the
Deliverables, which are discovered by CITY after the construction
contract is awarded by CITY, will be performed by CONSULTANT, as
follows: (a) at no cost to CITY insofar as those Services,
including the Basic Services or the Additional Services, as
described below, or both, will result in minor or nonbeneficial
changes in the construction ~work required of the construction
contractor; or (b) at CITY’s cost insofar as those Services,
including the Basic Services or the Additional Services, or both,
will add a direct and substantial benefit to the construction work
required of the construction contractor. The project manager in
the reasonable exercise of his or her discretion will determine
whether ~he Basic Services or the Additional Services, or both,
will contribute minor or substantial benefit to the construction
work.
SECTION 3.
CONSULTANT
QUALIFICATIONS, STATUS, AND DUTIES OF
3.1 CONSULTANT represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
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2
furnished the Services and Deliverables. CONSULTANT further
represents and warrants that the project director and every
individual, including any consultant (or contractors), charged with
the performance of the Services are duly licensed or certified by
the State of California, to the extent such licensing or
certification is required by law to perform the Services, and that
the Project will be executed by them or under their supervision.
CONSULTANT will furnish to CITY for approval, prior to execution
of this Contract, a list of all individuals and the names of their
employers or principals to be employed as consultants.
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and ~grees that it will execute or cause to be
executed, the Project.
3.3 CONSULTANT will assign GISA JU as the project
director to have supervisory responsibility for the performance,
progress, and execution of the Project. GISA JU will be assigned as
the project coordinator who will represent CONSULTANT during the
day-to-day work on the Project. If circumstances or conditions
subsequent to the execution of this Contract cause the substitution
of the project director or project coordinator for any reason, the
appointment of a substitute project director or substitute project
coordinator will be subject to the prior written approval of the
project manager.
3.4 CONSULTANT agrees that it will:
3.4.1 Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Project; ~
3.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract and any materials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and comply with, and cause
its employees and consultants, if any, who are assigned to the
performance of this Contract to observe and comply with, the laws,
ordinanc4s, regulations, orders and decrees mentioned above; and
3.4.4 Will report immediately to theproject manager,
in.writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the Deliverables.
3.5 Any Deliverables given to, or prePared or assembled
by, CONSULTANT orbits consultants, if any, under this Contract will
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become the property of CITY and will not be made available to any
individual or organization by CONSULTANT or its consultants, if
any, without the prior written approval of the city manager.
3.6 CONSULTANT will provide CITY with twenty (20) copies
of any documents which are a part of the Deliverables upon their
completion and acceptance by CITY.
3.7 If CITY requests additional copies of any documents
which are a part of the Deliverables, CONSULTANT will provide such
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Project.- All
consultants of CONSULTANT will be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee orconsultant of CONSULTANT fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or consultant will be discharged immediately from further
performance under this Contract on demand of the project manager.
3.9 In the execution of the Project, CONSULTANT and its
consultants, if any, will at all times be considered independent
contractors and not agents or employees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the following Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY: ~
3.10.1 Providing services as an expert witness at 150%
of CONSULTANT’s standard hourly rates 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 and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be a~reed upon by the parties subsequent to the execution of
this Contract; and
3.10.4 Other Additional Services now or hereafter
described in Exhibit "A" to this Contract.
3.11 CONSULTANT will be responsible for employing
all consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants must
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be approved, in advance, by CITY, in writing, and must remain
acceptable to CITY during the term of this Contract.
SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit "A" and such information regarding its
requirements applicable to the Project as may be reasonably
requested by CONSULTANT.
4.2 CITY’ill review and approve, as necessary, in a
timely manner the Deliverables and each phase of work performed by
CONSULTANT. CITY’s estimated time of review and approval will be
furnished to CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish the time of each review and approval.task. CITY’s failure
to review and approve within the estimated time schedule will not
constitute a default under this Contract.
4.3 The city manager will represent CITY for all
purposes under this Contract. Edward Wu is designated as the
project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the Project,
and will be assisted by Silvia Santos, the project engineer.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT, CITY will use reasonable
efforts to give written notice, thereof to CONSULTANT in a timely
manner.
SECTION 5. COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic. Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed Three Hundred Forty
Thousand Seven Hundred Seventy-Eight Dollars ($340,778). The amount
of compensation will be calculated in accordance with the hourly
rate schedule set forth in Exhibit "B", on a time and materials
basis, up to the maximum amount set forth in this Section. The
fees of the consultants, who have direct contractual relationships
with CONSULTANT, will be approved, in advance, by CITY. CITY
reserves the right to refuse payment of such fees, if such prior
approval is not obtained by CONSULTANT.
5.1.2 In consideration of the full performance of
Additional Services, the amount of compensation set forth in
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Exhibit "B" will not exceed Thirty Thousand Dollars ($30,000). An
employee’s time will.be computed at a multiple of one (i) times the
employee’s direct personnel expense described below. The rate
schedules 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 until CONSULTANT gives CITY thirty
(30) days’ prior written notice of the effective date of any revised
rate schedule.
5.1.3 The full payment of charges for extra work or
changes, or both, in the execution of the Project will be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the project manager. Payment will be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, ofitemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties will agree upon an estimated maximum cost for
such extra work or changes. 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.
5.1.4 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work of architects, engineers, designers, job captains, surveyors,
draftspersons, specification writers and typists, in consultation,
research and design, work in producing drawings, specificationsand
other documents pertaining to the Project, and in services rendered
during construction at the site, to the extent such services are
expressly contemplated under this Contract. Included in the cost
of direct personnel expense of these employees are salaries and
mandatory and customary benefits such as statutory employee
benefits, insurance, sick leave, holidays and vacations, pensions
and similar benefits.
5.2 The schedule of payments will be made as follows:
5.2.1 Payment of the 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. Final payment
will be made by CITY after CONSULTANT has submitted all
Deliverables, including, without limitation, reports which have
been approved by the project manager.
5.2.2 Payment of the Additional Services will be made
in monthly progress payments for services rendered, within thirty
(30) days of submission, in triplicate, of such requests.
010321 syn 0071991
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments 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 Additional 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
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier termination of this Contract.
6.2 The originals of the Deliverables prepared by or
under the~ direction of CONSULTANT in the performance of this
Contract will become the property of CITY irrespective of whether
the Project is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. These originals will be
delivered to CITY without additional compensation. CITY will have
the right to utilize any final and incomplete drawings, estimates,
specifications, .and any other documents prepared hereunder by
CONSULTANT, but CONSULTANT disclaims any responsibility or
liability for any alterations or modifications of such documents.
SECTION 7. INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents, from any and all demands, claims, or liability of any
nature, including death or injury to any person, property dam@ge or
any other loss, caused by CONSULTANT’s, its officers’, agents’,
consultants’ or employees’ negligent acts, errors, or omissions, or
willful misconduct, or conduct for which applicable law may impose
strict liability on CONSULTANT 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 will not be
deemed to be a waiver of .any such covenant, term, condition,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiverof 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.
010321 syn 0071991
8.2 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 Contract.
SECTION 9. INSURANCE
9.1 CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONSULTANT and its consultants, if any, but also,
with the exception of workers’ compensation, employer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings, of
A:VII or higher which are admitted to transact insurance business
in the State of California. Any and all consultants of CONSULTANT
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
9.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
endorsement stating that the general and automobile insurance, is
primary coverage and will not be canceled or altered by the insurer
except after filing with the CITY’s city clerk thirty (30) days’
prior written notice of such cancellationor alteration, and that
the City of Palo Alto is named as an additional insured except in
policies of workers’ compensation, employer’s liability, and
professional liability insurance. Current certificates of such
insurance will be kept on file at all times during the term of this
Contract with the city clerk.
9.4 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
Contract. 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 Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
,010321 syn 0071991
SECTION I0. WORKERS’ COMPENSATION
10.1CONSULTANT," by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer 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 will comply with such provisions, as applZcable, before
conamencing the performance of the Project.
SECTION i~] TERMINATION OR SUSPENSION OF CONTRACT OR
PROJECT
Ii.i The city manager may suspend the execution of the
Project, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to~ CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item of Basic Services. Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract.
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial 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 will be compensated for the Basic Services and
Additional Services performed, and Deliverables received and
approved prior to receipt of written notice from CITY of~ such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Project is resumed after it
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary, approval of CITY’s City Council. If this Contract 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 in the
reasonable exercise of her discretion.
11.4 In the event of termination of this Contract or
suspension of work on the Project by CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as follows:
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.
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11.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which bears the same ratio to the total fee otherwise
payable for the performance of the service as the quantum of
service actually rendered bears to the services necessary for the
full performance of that item of service.
11.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
11.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately any and all copies of
the Deliverables, whether or not completed, prepared by CONSULTANT
or its consultants, if any, or given to CONSULTANT or its
consultants, if any, in connection with this.Contract. Such
materials will become the property of CITY.
11.6 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONSULTANT to fulfill its obligations under this Contract.
SECTION 12. ASSIGNMENT
12.1 This Contract is for. the personal services of
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of CITY will be void and, at
.the option of the city manager, this Contract may be terminated.
This Contract will not be assignable by operation of law.
SECTION 13.NOTICES
13.1 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
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
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10
SECTION 14.CONFLICT OF INTEREST
14.1 In accepting this .Contract, 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.
14.2 CONSULTANT further covenants that, in the
performance of this Contract, it will not employ contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one who has or will have any financial interest
under this Contract is an officer or employee of CITY; this
provision will be interpreted in accordance with the applicable
provisionsJof the Palo Alto Municipal Code and the Government Code
of the State of California.
SECTION 15.NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of persons under this
Contract because of the age, race, color, national 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 all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D".
15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substant’ially
as follows:
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; and that
[Name of Provider] will not discriminate in
the employment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
15.3 If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
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11
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. Only
a finding of the State of California Fair .Employment Practices
Commission or the equivalent federal agency or officer will
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. CONSULTANT will
comply with or provide advice to effectuate compliance with such
provisions will be effected pursuant to the terms of this Contract.
16.2 Upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract may be settled
by arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.4 In the event that an action is brought, the parties
agree that trial 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 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. ’
16.7 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
010321 syn 0071991
12
16.8 The covenants, terms, conditions and provisions of
this Contract will apply to, and will. bind, the heirs, successors,
executors, administrators, 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 amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force an~effect.
16.10 All exhibits referred to in this Contra~ and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
J16.11 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
16.12 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract 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 Contract are no lonqer
available. This Section 16.12wili take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
//
//
//
//
//
//
//
//
//
//
010321 syn 0071991
13
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Utilities
Risk Manager
Mayor
MONTGOMERY WATSON AMERICAS,
INC.
By:
Name:
Title:
By:
Name:
Title:
Taxpayer Identification No.
95-1878805
Attachments :
EXHIBI, T "A" :
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D" :
EXHIBIT "E":
EXHIBIT "F":
(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
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
SCOPE OF PROJECT
TIME SCHEDULE
FEE ESTIMATE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
010321 syn 0071991
14
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
On 5o2q-01 , 2001, before me, the undersigned, a
Ngtary Public in and for said County and State, personally appeared
C~ro~ ~.T~J~__ , personally known to
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 instrument.
WITNESS my hand and official seal.
STACEY L ROBINSON
Comm. # 1132608
NOTARY PUBLIC-CALIFORNIA (J~
Con|ra Costa County
010321 syn 0071991
15
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
On ~-ZQ-OI , 2001, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
, personally known to
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 instrument.
WITNESS my hand and officialseal.
Comm, # 1132608
NOTARY PUBLIC- CALIFORNIA
Contra Costa CountyMy Comm, E~pir=~ A~)ril3, 2001
nitu~ bf ~o~arY Public-~
010321 syn 0071991
16
EXHIBIT A
SCOPE OF PROJECT
This exhibit describes the Consultant’s Scope of Work for preparing a Collection System
Master Plan for the City of Palo Alto (City). The objective of this study is to develop a
new hydraulic model of the .collection system, utilize the model to identify existing, and
future capacity deficiencies, and develop a prioritized list of capital improvement projects
to alleviate the capacity defic!encies. The HydroWorksrM model will be used for this
project. The product of the study will be a Master Plan Report and recommended Capital
Improvement Program for sewer system capacity improvements, including estimated
costs and a proposed schedule for implementation.
The tasks and subtasks included in the Consultant’s Scope of Work are described below.
Task 1 - Data Review and Staff Interviews
Subtask 1.1 - Review Documents and Maps. The City will provide available pertinent
information related to the Palo Alto sewer system for the Consultant to review for
applicability to the tasks in the study. The information will include:
¯The City’s 1988 Collection System Master Plan.
¯The City’s Infiltration/Inflow Study and Sewer System Evaluation Survey conducted
during the 1980s.
¯Reports and plans for sewer projects completed since the 1988 Master Plan, including
the Amarillo Sewer Project.
¯The City’s existing 200-scale maps and ArcSNAP database.
¯The City’s existing SNAP model..
¯The City’s SIMMS maintenance management system database.~¯Data from the Regional Water Quality Control Plant’s (RWQCP) permanent flow
meters.
¯Data from flow monitoring studies conducted by the City during the past five years.
¯Available water use records.
¯City of Palo Alto 1998-2010 Comprehensive Plan and other planning documents.
¯The City’s wastewater system design standards.
Subtask 1.2 -,Interview Staff and Tour System. The Consultant will meet with staff of
the Utilities Engineering and Operations divisions, the RWQCP, and the City’s GIS
group to’ discuss the available data related to the collection system and specific issues of
concern. Some of these interviews may be conducted in conjunction with a one-half to
one-day field tour of the system with selected members of the Utilities Advisory
Committee (UAC) and Utilities Department engineering and operations staff. The
purpose of this field tour will be to obtain additional information that may not be
contained in the data and documents collected in Subtask 1.1 and to identify problem
areas in the City’s collection system. The field tour will visit specific areas of concern.
- 1 -3/26/01
Scope of Work
Subtask 1.3 -Conduct Initial Planning Workshop. The Consultant will conduct an
initial planning workshop with City staff to review the goals and objectives of the Master
Plan; discuss the available information, including its limitations; discuss how City staff
will be involved in the project; and review the details of and schedule for the work effort.
Deliverables: Listing and description of available information; summaries of information
obtained from staff interviews and field tour; planning workshop agenda and minutes.
Task 2 - Flow Monitoring
Subtask 2.1 - Develop Dry Weather Flow Monitoring Plan., The Consultant will
develop a plan for dry weather flow monitoring in the City’s collection system. The
purpose of the dry weather flow monitoring program will be to obtain data for key
locations in the trunk sewer system for purposes of quantifying high groundwater dry
weather flows in the collection system and for initial calibration of the hydraulic model.
It is anticipated that the dry weather flow monitoring program will consist of
approximately 12 flow meters installed in the system for a four-week period. The
Consultant will also identify the need for special data collection and/or field calibration
procedures for the RWQCP’s permanent meters in order to obtain data useful for the
model calibration.
Prior to the start of flow monitoring, the Consultant will submit the proposed flow
monitoring locations for approval by City staff. The date for the start of fiow monitoring
will be determined jointly by the Consultant and City.
Subtask 2.2 - Conduct Dry Weather Flow Monitoring. After approval of the flow
monitoring plan by the City, the Consultant will conduct a site reconnaissance of the
proposed flow monitoring locations to verify hydraulic suitability and assess safety,
access, and traffic issues. Any significant changes to the proposed sites will be submitted
to the City for approval. The Consultant will install depth-velocity flow meters at each of
the monitoring sites and maintain the meters for the designated monitoring periods. The
meters will checked and interrogated weekly, and field calibration data (independent
measurements of flow depth and velocity) will be collected for a range of flow depths at
different times during the monitoring period. The Consultant will also collect field
calibration data for the RWQCP’s permanent flow meters at sites CPA-1, 3, and 4. City
staff will be responsible for collecting and providing data from all of the RWQCP sites
for the flow monitoring period in 15-minute time increments.
Subtask" 2.3 - Develop .Wet Weather Flow Monitoring Plan. The Consultant will
develop a plan for wet weather flow monitoring in the City’s collection system during the
winter 2001/2002. The purpose of the wet weather flow monitoring program will be to
obtain data for verifying the calibration of the hydraulic model for wet weather
conditions. The monitor sites will be selected after completion of initial hydraulic model
runs. It is anticipated that the wet weather flow monitoring program will consist of
approximately 20 flow meters installed in the system for a four-week period, plus three
-2-3/26/01
Scope of Work
rain gauges at representative locations in the system. The data for the start of the flow
monitoring will be determined jointly by the City and Consultant.
Subtask 2.4 - Conduct Wet Weather Flow Monitoring. After approval of the wet
weather flow monitoring plan by the City, the Consultant will complete the wet weather
flow monitoring according to the same procedures as the dry weather flow monitoring in
Subtask 2.2.
Deliverables: Flow monitoring plans; plots and summary tables of flow data. (Note:
The flow monitoring data will be used to develop model flow parameters and calibrate
the hydraulic model in Task 6 and will be summarized in the Task 7 TM.)
Task 3 - Land Use Planning Criteria
Subtask 3.1 - Review Planning Documents and Meet with Planning Department
Staff. The Consultant will meet with staff of the City of Palo Alto Planning and
Community Environment Department to identify pertinent land use planning maps and
data that provide information required for the Master Plan, and to discuss specific
planning issues and potential growth or redevelopment areas in the City. Similar contacts
will be made to obtain relevant planning information for Stanford University and the
Town of Los Altos Hills, which are tributary to the City’s collection system.
Subtask 3.2 - Identify Areas of New Development, Infili, and Redevelopment. Based
on the City’s 1998-2010 Comprehensive Plan and additional information obtained in
Subtask 3.1, areas of new development, infill, and redevelopment will be identified,
along with the, specific types and densities of land uses asso,ciated with each area. The
anticipated timing of development will also be identified through discussions with
planning department staff.
Subtask 3.3 - Develop Land Use Data for Model. Land use data to be used. for
generating wastewater flows in the hydraulic model will be developed based on ’the
information obtained in the previous subtasks. Specifically, the Consultant will use
available mapping and data files from the City’s GIS to develop existing land use
information by parcel within the City’s collection system service area. It is anticipated
that this information will be developed in the form of number of dwelling units for
residential areas and floor area for commercial/industrial areas. For purposes of
estimating future land uses, the Consultant will create a digital map showing the
projected areas of new development, infill, and redevelopment, which will be used to
assign future land uses to specific parcels projected for growth. The tributary areas
outside of the City of Palo Alto service area (Los Altos Hills and Stanford University)
will be considered "point sources" for the purpose of developing tributary flows for the
Master Plan; detailed land use mapping will not be developed for these areas.
Subtask 3.4 - Prepare Technical Memorandum (TM). The Consultant will prepare a
TM summarizing the land use information developed in Task 3. The TM will include a
-3-3/26/01
Scope of Work
map showing all areas tributary to the Palo Alto collection system, including Los Altos
Hills and Stanford University.
Deliverables: TM on land use planning criteria; GIS files of parcels and associated land
uses. (Note: Instructions for making changes to the land use data and files will be
included in the model documentation in Task 11.)
Task 4 - Model Database Development.
Subtask 4.1 - Consolidate Sewer GIS Data. The Consultant will review the data
related to the location, elevations, and lengths and sizes of sewers in the City’s collection
system that are currently contained in both the City’s GDS/Oracle GIS and the Utilities
Division’s ArcSNAP database. The City will also identify and provide survey data that
have not yet been incorporated into the GIS or ArcSNAP files. Based on this review and
discussions with the City’s GIS and Utilities Engineering staff, the Consultant will
develop a procedure to consolidate the data from these data sets into a single data set to
be contained in the City’s GIS. It is anticipated that this data set will include the spatial
data from current GIS and the attribute data (pipe sizes, elevations, etc,) from the
ArcSNAP data set and survey records. The Consultant will compare the data sets and
identify differences between themi These differences will be rectified to the extent
possible from available mapping, survey records, and record drawings of sewer facilities.
The Consultant will provide the consolidated data set to the City’s GIS staff for
uploading to the GIS. The City will be responsible for adding data to the GIS for recently
constructed facilities that are not currently in the GIS, including the Amarillo sewer
project.
Subtask 4.2 - Construct and Validate Model Network Database. The Consultant will
develop a procedure and required linkages to export the consolidated sewer GIS data into
ArcView format to develop the data for the hydraulic model. The Consultant will
provide an ArcView model interface to be used in conjunction with the HydroWorksTM
model. The ArcView model interface will provide the capability to add or modify model
data; perform data validation checks and network traces; define a subset of the network
for model simulation; set up and execute model runs; and query and display results of
model simulations. For this Master Plan, the system to be modeled will include all 8-inch
and larger lines except those 8-inch lines with less than about 2,000 feet of upstream
sewer (about 4 city blocks). The Consultant will validate the data in the model data set
and identify any missing or suspect data. The Consultant will research available as-built
drawings as needed to validate the data, and identify the need for field surveying where
critical data is missing.
Subtask 4.3 - Verify Flow Diversions. The Consultant will identify fiow diversions
(manholes with two or more outlet pipes) in the modeled system and will research the
details of these flow diversions in record drawings or other sources of information
provided by the City, or through discussions with Utilities Operations staff. Specific data
on weir configuration and dimensions and locations of plugs at flow diversion manholes
will be developed for the model. Where required data is not available from existing
-4-3/26/01
Scope of Work
iriformation, the Consultant will identify the need for field verification and
measurements.
Subtask 4.4 - Conduct Field Surveying. The Consultant will obtain field
measurements to verify model network data as identified in Subtasks 4.2 and 4.3 and
verify storm drain invert elevations as identified in Subtask 8.2. Measurements will be
limited to manhole rim elevations, pipe invert depths, and configuration and height of
weir overflows. Up to 80 manholes will be surveyed. For purposes of estimating the cost
of this subtask, it is assumed that all manholes to be surveyed are located in street rights-
of-way or readily accessible easements, are not buried or hidden, and can be located and
accessed safely by a single two-person survey crew. The City will be responsible for
locating any manholes that cannot be found and providing access to easement manholes
that require permission to enter private property.
Subtask 4.5 - Update System Maps. The Consultant will update the Utilities
Department’s existing 200-scale sewer system maps based on the data contained in the
new consolidated GIS data set and any updates made based on the model validation and
field surveying. The maps will be produced from ArcView using the same tools that are
currently available in ArcSNAP. It is anticipated that the base mapping for the sewer
maps will utilize the street layer in the City’s GIS downloaded for display in ArcView.
The level of effort for this subtask assumes that the labeling of streets, manhole IDs, flow
direction, and pipe information will utilize the existing label offsets from the current
ArcSNAP-based maps, and that only a limited effort for label adjustment will be
necessary. One set of 1 lx17 200-scale maps will be provided to the City. The maps will
utilize the same grid that is used for the current 200-scalemaps.
In addition to the 200-scale maps, the Consultant will prepare a map showing the overall
sewer system. The scale and number of sheets to be used for this map will be jointly
determined by the City and Consultant. Map-specific labeling will be limited to selected
key features, such as major streets and large diameter pipes. ~
Subtask 4.6 - Construct Model "Area" Files. The Consultant will develop the GIS
files needed to define the model tributary areas. These files will be developed using the
GIS parcel data, as described in Subtask 3.3, and the locations of sewer laterals as shown
in the City’s GIS. When combined with design flow criteria as defined in Task 5, the
area files will be used to develop the flow inputs to the modeled network
Deliverables: Validated ArcView model database; field survey sheets; digital sewer map
files and one set of plotted 1 lx17 200-scale maps.
Task 5 - Flow and Hydraulic Criteria
Subtask 5.1 - Develop Preliminary Design Flow Criteria. The Consultant will review
available flow monitoring and water use data to develop preliminary factors estimating
base wastewater flow (BWF), groundwater infiltration (GWI), and rainfall dependent
infiltration/inflow (RDUI). Data to be used for this analysis will include the flow
-5-3/26/01
Scope of Work
monitoring data collected under Task 2, previous flow data from the Amarillo and Sand
Hill projects, data from the RWQCP permanent meters, as well as available winter water
consumption data. Criteria to be developed will include BWF unit factors for residential,
commercial, and industrial land uses; BWF diurnal curves; GWI rates; and RDUI volume
and hydrograph shape parameters. The preliminary criteria will be verified and refined
during the model calibration process in Task 6. The Consultant may also consider the
relative GWI and RDUI rates from the City’s previous I/I Study and Master Plan and data
from similar areasin other communities in developing the preliminary criteria. In
addition to the design flow criteria, the Consultant will develop design flows for
significant point source dischargers based on records available from the City.
The Consultant will also propose criteria for selecting an appropriate design storm or
storms for the Palo Alto wastewater collection system. The selection, of design storm will
take into consideration potential future regulations on sanitary sewer overflows (SSOs)
and precedent set by other Bay Area agencies. Published historical rainfall intensity-
duration-frequency statistics will be used to develop the design storm rainfall hyetograph.
Subtask 5.2 - Develop Hydraulic Criteria. The Consultant will propose hydraulic
criteria to be used for evaluating and sizing system facilities for the Master Plan. Criteria
will include Manning’s n value, maximum allowable d!D values and/or allowable
surcharge, and minimum and maximum slopes and velocities. It is anticipated that these
criteria will be consistent with the Utilities Department’s standard design criteria.
Subtask 5.3 - Prepare TM. The Consultant will prepare a TM summarizing the
proposed design flow and hydraulic criteria. The recommended criteria will be approved
by the City before proceeding with the modeling and analysis work under subsequent
tasks.
Deliverables: TM on design flow and hydraulic criteria.
Task 6 - Model Calibration and Flow Projections
Subtask 6.1 - Develop Initial Model Flow Parameters. Based on the preliminary
design flow criteria developed in Task 5, the Consultant will develop parameters to be
used for. flow generation in the hydraulic model.
Subtask 6.2 - Calibrate Model and Refine Flow Parameters. The Consultant will
utilize a multi-step process to calibrate the hydraulic model. The first step is the
verification of system connectivity (including flow splits) and calibration for dry weather
conditions to confirm unit flow factors, diurnal curves, and non-rainfall GWI rates. The
next step is the calibration for wet weather flow events. In this process, the model will
be run for one or more actual storm events from previous flow monitoring programs (e.g.,
the Amarillo project) and the Master Plan wet weather flow monitoring program
conducted under Task 2. Based on these model runs, parameters in the model used to
simulate RDI/I flows will be adjusted so that the model simulated flows are in reasonable
agreement with the monitored flows. It is anticipated that a partial wet weather model
-6-3/26/01
Scope of Work
calibration will initially be conducted using previous flow monitoring data from 1997 and
any available data from the RWQCP permanent meters, and that the final wet weather
calibration will be conducted following the 2001/2002 wet weather monitoring program
in Task 2.
Subtask 6.3 - Develop Flow Projections. The Consultant will develop flow projections
for the Palo Alto wastewater collection system by running the calibrated hydraulic model
for dry and design wet weather flow conditions. Final flow projections will be verified
after the "solutions model" is completed in Tasks 7 and 8.
DeliVerables: Final design flow parameters and flow projections.
Task 7 - Capacity Analysis
Subtask 7.1 - Conduct Model Simulations and Identify Capacity Deficiencies. The
Consultant, will conduct model simulations of the existing sewer system for dry weather
conditions and for design storm wet weather conditions. Based on the model results, the
Consultant will identify capacity deficiencies and resulting hydraulic gradeline elevations
in the existing sewer system under existing and future flow conditions. Thematic maps
created in ArcView will be generated to present the model results graphically, along with
tabular output from the model runs. Using the hydraulic criteria developed in Task 5, the
Consultant will identify those areas of the modeled network that require capacity relief.
Subtask 7.2 - Develop and Model Preliminary Solutions. The Consultant will develop
potential solutions to the capacity deficiencies identified in Subtask 7.1. Solutions may
include flow diversions, upsizing existing sewers, or new sewer alignments. The
Consultant will develop preliminary "solutions models" for the most viable solutions and
use the model to determine if the preliminary solutions would be effective in alleviating
the identified capacity deficiencies.
Subtask 7.3 - Prepare TM. The Consultant will prepare a TM summarizing the model
results and preliminary solutions. The TM will also document the development of the
model and describe the use of the flow monitoring data to develop model input flows and
calibrate the model.
Deliverables: TM on capacity analysis, including thematic maps and tables of model
results.
Task 8 - Project Development
Subtask 8.1 - Develop Alignment Alternatives for Major Corridors. The Consultant
will develop more detailed alternatives for up to five major sewer "corridors" where
capacity solutions are proposed. The selection of these corridors will be made jointly by
the City and Consultant. For purposes of this analysis, a corridor may include up to
10,000 feet of sewer pipe. Alternatives may include replacement of existing pipes,
-7-3/26/01
Scope of Work
construction of parallel sewers, weir overflows, plugging existing diversions, and
construction of new trunk sewers.
Subtask 8.2 - Evaluate Project Alternatives. The Consultant will .evaluate the project
alternatives identified in Subtask 8.1. The evaluation will consider the availability of
suitable construction corridors, the condition of the existing pipes based on available
information (such as TV inspection data), constructability issues, traffic issues, potential
permit and easement requirements, operation and maintenance concerns, and public
impact. The evaluation will also consider alternative pipe installation methods, including
microtunneling, pipe bursting, and open-cut construction. The Consultant will also use
available utility maps and as-built drawings to research potential critical utility conflicts
that could represent "fatal flaws" to the proposed sewer alignments, such as crossing
storm drains or large diameter water and gas mains. Under Subtask 4.4, the Consultant
will field verify critical storm drain elevations that are not available on existing maps and
drawings.
The Consultant will walk the proposed project alignments to field verify site conditions
and identify potential design and construction issues. Utilities Department engineering
and operations staff will participate in the field verification. Under Subtask 12.2, a
workshop will be held with City staff to discuss the project alternatives. Based on the
engineering and field evaluations and discussions with City staff, a recommended
alternative for each project corridor will be selected.
Subtask 8.3 - Run Model to Confirm Projects. The Consultant will develop a final
solutions model incorporating the recommended corridor projects and other relief
projects. The model will be run to confirm the projects and develop the final design
flows for the system.
Subtask 8.4 - Prepare TM. The Consultant will prepare a TM summarizing the results
of the evaluation of project alternatives and recommended relief projects and costs.
Subtask 8.5 - Prepare Conceptual Plan and Profile Drawings. The Consultant will
prepare conceptual plan and profile drawings for the major corridor projects using the
City’s GIS files as background mapping. The drawings will be at a scale of 1 inch = 200
feet horizontal and 1 inch = 10 feet vertical. The drawings will show the approximate
horizontal and vertical alignments of the proposed sewers and major parallel or crossing
utilities.
Defiverables: TM on recommended capacity relief projects; conceptual plan and profile
drawings for major project corridors.
Task 9 - Capital Improvement Program
Subtask 9.1 - Develop Cost Criteria. The Consultant will develop cost criteria to be-
used for estimating the cost of proposed capacity relief projects. Unit construction costs
will be developed for components of sewer construction, including pipe and manhole
-8-3/26/01
Scope of Work
installation, pavement removal and replacement, special sheeting and shoring
requirements, dewatering, traffic control, and easement acquisition. The unit costs will
be developed to the detail normally used in master planning. Specific cost components
such as construction staking, removal and disposal of materials, compaction testing, etc.
will be assumed to be included in the pipe installation unit costs. Costs for sewer
cleaning and pre- and post video inspection will be included as appropriate to the
assumed construction method.
The Consultant will utilize recent construction bids in the City of Palo Alto and cost data
from other Bay Area sewer projects to develop the unit construction costs. Cost
allowances (percentage~ of estimated construction cost) for construction contingencies
and~ for design engineering, construction administration and inspection, legal costs,
preparation of as-built drawings, and updates to the City’s model GIS and sewer mapsl
will also be included as specified by the City.
Subtask 9~2 - Prepare Cost Estimates. The Consultant will prepare preliminary
opinions of probable construction costs and estimated capital costs for the recommended
capacity relief projects. The estimates will be based on the cost criteria developed in
Subtask 9.1 and will be presented in current (FY 2002-03) dollars. It is understood that
these estimates will be considered conceptual planning level estimates with an expected
accuracy of approximately minus 30 to plus 50 percent. This level of estimate is
considered appropriate for system master planning and represents an "order of
magnitude" cost estimate as defined by the Association of Cost Estimating Engineers.
Subtask 9.3 - Develop Project Priorities. In conjunction with City staff, the Consultant
will prioritize the recommended capacity relief, projects. Prioritization criteria will
include the severity of existing capacity deficiencies (as indicated by the extent of
surcharge or potential overflows predicted by the model), the relative impact of the
predicted surcharge or potential overflows, the timing of proposed development or
redevelopment, maintenance history records from SIMMS as provided by Utif!,ties
Operations staff, and coordination with other projects such as sewer rehabilitation, Other
utility construction, pavement overlays, or other street improvements. Under Subtask 9.3,
a workshop will be held with City staffto discuss the project prioritization.
Subtask 9.4 - Develop Phased Capital Improvement Program. The Consultant will
develop a phased Capital Improvement Program (CIP) for implementation of the
proposed capacity relief projects over a 20-year period. The CIP will include the
estimated costs of the proposed projects and proposed schedule for construction based on
the project priorities identified in Subtask 9.3 and approved annual budgets as specified
by the Cir. The CIP schedule will be developed on an annual basis.
Deliverables: Unit cost tables and factors; project descriptions and cost estimates; 20-
year CIP budgets and schedule for capacity relief projects.
-9-3/26/01
Scope of Work
Task 10 - Master Plan Report
Subtask 10.1 - Prepare Draft Report. The Consultant will prepare a draft Collection
System Master Plan Report to summarize and present the results and recommendations of
the study. The report will also include a chapter on definitions of terms used in the report
and a general discussion of potential future Capacity, Management, Operation and
Maintenance (CMOM) requirements. It is anticipated that the TMs will form the basis
for relevant report sections. Report graphics will utilize the City’s ArcView GIS files
and mapping. Five (5) copies of the draft report will be submitted to the City for review.
Subtask 10.2 - Prepare Final Report and Executive Summary. The Consultant will
incorporate City staff comments on the draft report into the Final Master Plan Report.
The report Appendix will be a separately bound document containing the backup data for
the Master Plan, including model output for current and future dry and wet weather flow
scenarios, project descriptions and cost estimates, and project maps. Twenty (20) copies
of the Final report and five (5) copies of the Appendix will be submitted to the City. The
Consultant will also prepare a separate Executive Summary report targeted for City
Council and/or Utilities Advisory Committee (UAC) members. Twenty (20) copies of
the Executive Summary report will be provided. Electronic files of the Final Master Plan
Report, Appendix, and Executive Summary will be provided on CD.
DeHverables: Draft and Final Master Plan and Executive Summary Reports.
Task 11 -Model Training and Support
Subtask 11.1 - Assist with Installation of Model and GIS Interface. The Consultant
will provide the model files to the City and assist the City in installing the model
software, model ArcView interface, and model data files on the City’s computer network.
The Consultant will test out the model and ArcView interface to ensure that they are
working properly on the City’s system. The City will be responsible for purchasing the
HydroWorksTM model software prior to model installation.
Subtask 11.2 - Provide Model Documentation. The Consultant will prepare user
documentation to supplement the published reference manual provided with the
HydroWorks software. The additional documentation will describe specifically how the
model is set up and used for the City of Palo Alto. User documentation will also be
provided for the model ArcView interface.
Subtask 11.3 - Provide Training and Support. The Consultant will train City staff in
the use of the hydraulic model and ArcView interface. The training will include an
introductory session for both department managers and technical staff, followed by up to
three hands-on sessions for those staff members who will be using the model. It is
anticipated that each session will last approximately 3 to 4 hours.
Subtask 11.4 - Provide Follow-up Support and Customization of Model ArcView
Interface. The Consultant will provide up to 20 hours of follow-up support in use of the
-10-3/26/01
Scope of Work
hydraulic model and ArcView interface and customizatior~ of the interface as requested
by the City.
Deliverables: Model data files (ArcView files and HydroWorks input files); model
ArcView interface program; model documentation and training materials compiled in
binders with Table of Contents.
Task 12 - Project Management
Subtask 12.1 - Project Administration. The Consultant will establish internal project
controls to monitor project status, budget, staffing, and schedule on an on-going basis.
Budget and schedule status will be reviewed weekly. The Consultant will prepare
monthly status reports within 5 working days after the close of Consultant’s accounting
month. The status reports will describe the work completed during the previous month,
anticipated work for the following month, current budget and schedule status, and any
project issues requiting discussion or resolution. The subtask also includes preparation of
monthly invoices to the City and execution and administration of subconsultant contracts.
Subtask 12.2 - Workshops and Progress Meetings. The Consultant will meet with
City staff approximately once every 4 to 6 weeks during the course of the project. Some
of the meetings will be structured as workshops on specific project issues. The
Consultant will prepare agenda and minutes for each meeting, and will distribute
materials for discussion as needed prior to the meetings. The Consultant’s Project
Manager will attend each meeting, along with key project technical staff depending on
the specific topics of discussion.
Subtask 12.3 - Project QA/QC Activities. The Consultant will perform internal quality
assurance and quality control (QA/QC) activities to obtain expert guidance on project
methodology and criteria, review project deliverables, and perform checks of engineering
calculations and cost estimates. QA/QC staff will consist of senior level engineers
/.experienced in sewer system planning, design, and construction who are not otherwise
involved in the day-to-day project activities
Subtask 12.4 - Workshops/Presentations to Utilities Advisory Committee. The
Consultant will participate in up to four daytime or evening meetings of the City’s
Utilities Advisory Committee during the course of the Master Plan project. For each
meeting, the Consultant will prepare a 10- to 15-minute presentation and respond to
questions from UAC members. The topics of the presentations will be determined jointly
by City staff and the Consultant. The Consultant will meet with City staff prior to each
UAC meeting to preview the presentation and discuss anticipated questions and issues. A
meeting with the UAC will take place prior to finalizing the Master Plan Report in
Subtask 10.2. The final meeting with the UAC or City Council may take place after the
final Master Plan Report is presented to the UAC or Council.
Deliverables: Mrnthly progress reports; monthly invoices; meeting agenda and minutes;
workshop presentation materials.
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Scope of Work
Additional Consultant Services
The Consultant may be required to perform additional services. Additional services shall
be performed only upon written authorization from the City. Payment for the additional
services shall be on a time and expense basis based on the schedule of charges. The
scope and maximum limit of each additional task shall be negotiated and agreed upon
prior to providing the services. Consultant shall provide a schedule of charges with the
fee information for each additional service requested by the City.
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EXHIBIT D
RATE SCHEDULE
Senior Company Officer
Principal Professional
Supervising Professional
Senior Professional
Professional
Associate Professional
Assistant Professional
Senior Designer
Designer
Senior Administrator
Administrator
Secretary
Word Processing Operator
Reproduction Technician
Clerk
$160 per hour
$155 perhour
$115 per hour
$100 per hour
$ 85 per hour
$ 75 per hour
$ 54 per hour
$95 per hour
$ 65 per hour
$ 75 per hour
$69 per hour
$ 65 per hour
$ 69 per hour
$ 49 per hour
$ 44 per hour
Associated Project Costs (APCs)**
Other Direct Costs
Subconsultants and Other Outside Services
$ 8.15 per labor hour
Cost Plus 10%
Cost Plus 10%
*Established at $160/hr.
**Includes telephone, fax, postage, computer and network charges, and walk-up reproduction.
ExhD-Rate Schedule.xls 1 ofl 3/30/01