HomeMy WebLinkAbout2001-07-16 City CouncilCity of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS AND
UTILITIES
5
DATE:JULY 16, 2001 CMR:299:01
~UBJECT:AWARD OF A CONTRACT TO BLYMYER ENGINEERS, INC. IN
THE AMOUNT OF $148,900 FOR THE DESIGN OF AN
INTEGRATED FUELING FACILITY AND PUBLIC COMPRESSED
NATURAL GAS FUELING DISPENSER AT THE MUNICIPAL
SERVICES CENTER -
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Blymyer
Engineers, Inc., in the amount of $148,900 for the design of a new Integrated
Fueling Facility and Public CNG Fueling Dispenser at the MSC.
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Blymyer Engineers, Inc. for related, additional but
unforeseen work that may develop during the design of the new Integrated Fueling
Facility and Public CNG Fueling Dispenser at the MSC, the total value of which
shall not exceed $20,000.
DISCUSSION
Consui~nt Services Description
The work to be performed under this contract is to:
¯ Plan and design an entirely new conventional (liquid) fueling facility, including new
underground storage tanks, dispensing equipment, and all associated piping, electrical
systems, and leak monitoring systems. The design will include provisions for the
storage and dispensing of unleaded gasoline, diesel, propane, and an alternative liquid
fuel, such as synthetic diesel ("biodiesel") or ethanol.
Plan and design upgrades to the existing CNG fueling facility, which will include a
second compressor, additional fuel storage, a new electronic control system, and all
associated plumbing, valves and electrical systems.
CMR:299:01 Page 1 of 4
Plan and design a publicly accessible CNG. fuel dispensing system. Completion of
this portion of the project is contingent on receiving the approved grant funding from
the Valley Transportation Authority (VTA) in the amount of $300,000. The City’s
grant application will be funded sometime in August 2001.
Selection Process
Staff sent a request for proposals (RFP) to 17 engineering and design ftrrns on
December 14, 2000. Firms were given 52 days to respond to the request. A mandatory
pre-proposal meeting was held on January !0, 2001. Six firms attended the meeting. A
total of two engineering firms submitted proposals: Blymyer Engineers, and Fred Fielder
and Associates. The cost of both proposals is shown below:
Firm
Blymyer Engineers
Fred Fiedler and Associates
Base Scope of Work
$149,316
$110,400
Optional Scope of Work*
$56,036
$45,900
*Items such as construction management, technical support, and assistance with preparing ARB and EIR
documentation.
Prior to consultant selection, both firms were given an opportunity to revise their
proposed scope of work and fee schedules because of a change in project requirements.
The original RFP included design services for a backup power generation system, which
was to be expanded to provide backup power for the entire MSC. During the RFP
process, it became apparent that this component would not be necessary, so it was
removed from the project requirements. The revised costs are Shown below:
Firm
Blymyer Engineers
Fred Fiedler and Associates
Base Scope of Work
$117,750
$77,6OO
Optional Scope of Work
$56,036
$45,900
A selection advisory committee consisting of staff from Public Works Equipment
Management and Utilities Water-Gas-Wastewater Engineering reviewed the proposals.
The two firms were invited to participate in oral interviews on March 21, 2001. The
committee carefully reviewed each’ firm’s qualifications and submittal in response to the
RFP, relative to the following criteria experience designing both conventional and CNG
fleet fueling facilities, and knowledge of local environmental regulations pertaining to
this project.
Blymyer Engineers’ was selected because of its extensive experience designing
conventional and CNG fleet fueling facilities, its understanding of the project and project
approach. In addition, Blymyer was willing to provide additional information regarding
previously completed projects, and a detailed breakdown of estimated project costs. Fred
CMR:299:01 Page 2 of 4
Fiedler and Associates was unwilling to provide the information staff requested, and
would not submit a breakdown of project costs.
After the committee had selected Blymyer, staff met with representatives from the firm
on April 27, 2001, to negotiate the final contract price. At that time, staff requested an
additional proposal for the design of the publicly accessible CNG dispenser system. The
publicly accessible CNG dispenser will be integrated with the overall project, but
designed as a separate project element. The public dispenser will be subject to a more
stringent environmental and architectural review process than will the rest of the project
and may be constructed separately, At the time the original RFP was issued, it was not
certain whether grant funding would be available to cover the cost of the public dispenser;
so it was not included in the original project requirements. Purchasing staff determined
that it would be acceptable for Blymyer to submit the additional proposal during the
negotiation process. The cost for the work to design the public dispenser is $21,000.
The final contract price of $148,900 includes the cost for the base scope of work,, the
design of the publicly accessible dispenser, construction management services,
preparation of an environmental assessment, and the preparation of documents for
Architectural Review Board review.
A contingency of $20,000 (13%) is being requested due to the fact that the environmental
impact of this project is undetermined and could be significant enough to require an
Environmental Impact Report (Ell{).
RESOURCE IMPACT
Funds for this contract were appropriated in the .FY 1999-00 Equipment Replacement
Fund CIP, and F¥ 1999-00 Gas Fund CIP.
POLICY IMPLICATIONS
This project furthers Policy N-21 and N-25 of the Comprehensive Plan.
ENVIRONMENTAL REVIEW
As part of the contract, the Consultant. will prepare an environmental assessment (EA)
under the California Environmental Quality Act (CEQA), which must be approved by the
appropriate City agencies before construction begins.
TIMELINE
Design work shall begin mid-August 2001 and end January 31, 2002.
shows the project timeline.
Attachment B
ATTACHMENTS
Attachment A: Contract
Attachment B: Scope of Work
CMR:299:01 Page 3 of 4
Attachment C: Fee Schedule
PREPARED BY:Keith LaHaie, Fleet Manager
Greg Scoby, Senior Engineer, Utilities
DEPARTMENT HEAD:/~ 2. ~
GLENN S. ROBERTS
Director of Public Works
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
FRANK BENEST
City Manager
CMR:299:01 Page 4 of 4
ATTACHMENT A
CONTRACT NO.
BETWEEN THE CITY OF PALOALTOAND
BLYMY~R ENGINEERS, INC.
FOR CONSULTING SERVICES
This Contract No. ~is entered into on
, by and between the CITY OF PALO ALTO> a chartered
city and a municipal corporation of the State of California
(~CITY"), and BLYMYER ENGINEERS, INC., a California Corporation
!ocated at 1829 Clement Avenue,Alameda,CA 93501
(~CONSULTANT").
RECITALS:
WHEREAS, 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") and
the provision of Construction Management Assessment support and
Environment -Architectural Review Board Support Services
(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
agree:
SECTION i. TERM
I.i This Contract will commence on the date of its
execution by CITY, and will terminate upon the completion ~f the
construction 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 wil! 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, deliyered or
executed by CONSULTANT under the phases of the Basic Services Ks
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 C±ty 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 performance ~of
any such change in work.
2.3 Where the Pro.ject entails the drafting and
submission of Deliverablgs,~.-~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 Additiona!
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 the Basic Services or the
Additional Services, or both, will contribute minoror
substantial benefit to the construction work.
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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 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 wil! 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 agrees that it will execute or
cause to be executed, the Project.
3.3 CONSULTANT will assign Tom Mitchell] P.E. as the
project director to have supervisory responsibility -for the
performance, progress, and ..... ~execution of the Project. Bjorn
Enstrom 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 represents and warrants 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, ordinances, regulations, orders and decrees mentioned
above; and
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3.4.4 Will report immediately to the project
manager, in writing, any discrepancy or inconsistency it
discovers in the laws, ordinances, regulations, orders, and
decrees mentioned above in relation to the Deliverables.
3.5 Any Deliverables given to, or prepared or
assembled by, CONSULTANT or its consultants, if any, under this
Contract will~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 the number set
fo}th in Exhibit
3.7 If CITY requests additional copies .of any
documents which are a part of the Deliverables, CONSULTANT will
provide such additional copies and CI~TY 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.I-f any employee or
consultant of CONSULTANT fails or refuses to carry outthe
provisions of this Contract or appears to be incompetent orto
act ih a disorderly or improper manner, the employeeor
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
inde2endent 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 fol!owing Additional
Services, not included under the Basic Services, if so
authorized, in writing, by CITY:.
3.10.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.10.2 Attending more than the six public agency
meetings required as part of the Basic Services;
3.10.3 Performing any other .Additional Services
that~ may be agreed upon by the parties subsequent to the
execution of this Contract; and
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3.10.4 Other Additional Services not included as
Basic Services in Exhibit ~A" to this Contract.
3.11 -CONSULTANT will be responsible for employing
all consultants deemed necessary to assist CONSULTANT in ~he
performance of the Services. The appointment of consultants
must 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 will 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
wil! 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 f~ilure 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. Keith LaHaie, Fleet Manager,
Department of Public Works 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 Greg Scoby, Senior Engineer, Water-Gas-Wastewater,
Utilities Department.
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.i In consideration of the full performance of
the Basic Services, CITY wil! pay CONSULTANT a lump sum fee of
One Hundred Forty Eight Thousand Nine Hundred Dollars
($148,900). This sum shall constitute full payment for all
services and expenses provided and expenses necessary for
CONSULTANT to provide the Basic Services.
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5.1.2 The cost of the Additional Services shall be
agreed to by CITY and CONSULTANT prior to CONSULTANT commencing
performance of such Additional Services. The CITY’s Project
Manager can authorize Additional Services up to the total sum of
Twenty Thousand Dollars ($20,000). All other Additionil
Services must be authorized by City Manager.
5.2 T.he schedule of payments will be as follows:
5.2.1.For the Basic Services:
i.¯Items I, 2 & 3 from Table 1 and Item 1
from Table 2 of Exhibit "B" - CITY will pay CONSULTANT Thirteen
Thousand Four Hundred One Dollars ($13}401) on August 15, 2001,
Thirteen Thousand Four Hundred One Dollars .($13,401) on
September 30, Twenty Six Thousand Eight Hundred Two ($26,802) on
October 31, November 30 and December 31, 2001 and Forty One
Thousand Six Hundred Ninety Two ($41,692) on January 31, 2002.
This schedule presumes that all of these services will commence
on August 15, 2.001 and be completed on January 31, 2002 and is
designed to compensate CONSULTANT in six progress payments, less
a ten percent (10%) retention to be paid with the sixth payment.
This schedule will be adjusted as appropriate if the
commencement or completion of these services is delayed or
accelerated. ...... "
2. Items 2 on Tables 1 and 2 of Exhibit "B"
CITY will make progress payments to CONSULTANT at the same
time and in. the same relative percentages that the CITY pays the
construction contractor.
5.2.2 Payment for the 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 damage~, or
other sums withheld by CITY from payments to. general
contractors.
SECTION 6.OWNERSHIP OF RECORDS
6.1 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
010710 sm 0052767
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 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 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 o~ of 9ny other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by
either party of any fee or other money which may become due
hereunder will not be deemed to be a waiver of any preceding
breach or violation by the Dther party of any covenant, term,
condition or provision of this Contract or of any applicable law
or ordinance.
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 Al! 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
010710 srn 0052767 7
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 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 cancellation or 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.
SECTION i0. WORKERS’ COMPENSATION
I0.i 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 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
applicable, before commencing the performance of the Project.
SECTION Ii. TERMINATION OR SUSPENSION OF CONTRACT OR
PROJECT
!I.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.
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11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project by giving thirty (30) days prior
wrftten notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY orin 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. 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 his
discretion.
¯11.4 In the event of termination of this Contract or
suspension of work on the ~roject by CITY where CONSULTANT is
not in default, CONSULTANT will receive compensation as follows:
Ii.4.~I 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, 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 ful! 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, orgiven to CONSULTANT or
its consultants, if any, in connection with this Contract. Such
materials will becomethe property of CITY.
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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 orinterest 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 writiog,
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
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 provisions of the Palo Alto Municipal Code and the
Government Code of the State of California.
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SECTION15.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 al!
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
15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision
substantially as follows:
~ [Name of Provider] wil! 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 emp!oyment of any
person under ,.,~his contract because of
the age, race, co!or, 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 wil! be
in 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 wil! 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
010710 sm 0052767 I 1
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
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 ar±sfng out ofthis
Contract may ~ecover its reasonable costs and attorneys’fees
expended in connection with that action.
16.6 This document represents the entire and
integrated Contract betweenthe 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, wil! be deemed to be both covenants and
conditions.
16.8 The covenants, terms, conditions and provisions
of this Contract will apply to, and wil! 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
thegeto 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 Contmact 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
wil! be deemed to be a part of this Contract.
010710 sm 0052767 12
16.11 This Contract may be executed in any number of
counterparts, each of which will be an origina!, but all of.
which together wil! constitute one and the same instrument.
16.12 This Contract is subject to the fiscal
provisions of the Charter of the City of Palo Alto and the Palo
Alto Municipal Code. ~This Contract will terminate without any
penalty (a) at the end of any fisca! year in the event that
funds are not appropriated for the following fisca! 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 longer 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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010710 sm 0052767 1 3
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:
City Attorney
APPROVED:
Assistant City Manager
Mayor
BLYMYER ENGINEERS, INC.
By:
Name:
Title:
By.:
Name:
Title:
Taxpayer Identification No.
Director of Administrative
Services
Public Works Director
Insurance Review
(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)
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT ~C’:
EXHIBIT ~V’:
SCOPE OF PROJECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
010710 sm 0052767 14
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
¯ STATE OF )
) SSo
COUNTY OF )
On , 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 official seal.
.~oSignature of Notary Public
010710 sm 0052767 ] 5
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF
COUNTY OF
)
)
)
qOn , 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 official seal.
/Signature of Notary Public
0107 I0 am 0052767
Exhibit "A"
PART I DESIGN AND
FACILITY
CONTRACT C131552
SCO~E OF SERVICES
ENGINEERING OF THE FUELING
The complete scope of services to be furnished under this contract is summarized
here as follows:
The scope of design and engineering services to be provided will include the
following core tasks: Performing a Pre-design Data!Site Usage Review, an Initial
Study, Preliminary Design, Final Desi .gn, and Bid Document Preparation.
In addition, the following supplemental services will be provided: Construction
Management, Environmental Assessment Support and Architectural Review
Board (ARB) Support.
¯These eight (8) items will comprise the Scope of Work (SOW) for the design of
the Integrated Fueling Facility. This SOW is described in more detail below.
Scope of Work
Pre-design Data/Site Usage Review - Perform .an initial site visit to become
familiar with the existing fueling facilities, meet with City. staff to discuss overall
project tasks and scheduling. Review the available documentation and
specifications for the existing compressed natural gas (CNG) fueling system, fuel
management system and vapor recovery system that will be retained and
incorporated into the new. fueling facility.
Initial Study - Perform necessary-studies and review available data to develop
schematic designs for the new conventional fueling system, the new CNG fueling
system, fuel island location and dispenser layout, and the propane storage and
dispensing area. The locations of the new underground storage tanks (UST), fuel
island(s), and CNG facility will be identified.
As part of this study, a condition assessment will be made on the existing
CNG programmabl~ logic control (PLC) system to diagnose the reported
problem with CNG delivery system. Specific-recommendations to remedy
any problems identified will be provided.
Assumptions. and applica..ble codes that will be incorporated into the design
will be identified. A conceptual cost estimate will be prepared.
Contract C131552 - Scope of Services - Page I of 9
Deliverables under this task will comprise a 30% complete design
submittal.
o Preliminarv-Desi_.~ - Results and designs from the Initial Study will be expanded.
A demolition plan will be developed for the existing facility. The fueling
equipment willbe sized, and specific equipment will be identified for both the
conventional and CNG fueling facilities. Locations for all equipment will be
finalized.
Necessary control systems for the CNG fuel system will be identified and
detailed.
Draft specifications .will be developed during this phase for all major
equipment components.
Deliverables under this task will comprise a .60% complete design
submittal. ~’ ¯
°Final Desi~ - During this phase the design of the conventional and CNG fueling
systems developed during the preliminary design phase will be fully developed.
Detailed engineering plans and specifications will be prepared to meet the d4sign
parameters identified in the RFP for the conventional, CNG and propane fueling.
systems.
DeliVerables under this"~ask will comprise a 90% complete design
submittal.
Bid Document Preparation - Under this task, project drawings and specifications
developed during the final design will be modified to incorporate final comments
from the 90 percent submittal. The final drawings will be submitted in the City’s
standard -format and size requirements. All drawings will be stamped by a
professional engineer registered in California. A final project specification book
will be completed during this task. A final engineer’s cons/auction cost estimate
will be prepared.
No
The bid summary sheet and project specifications will include construction
of the facility and separate bid item for a maintenance agreement to
perform operation and maintenance of the system for a minimum of three
(3) years.
Deliverables under this task will comprise a 100% complete (bid set)
design submittal.
Construction Management Services - Under this task, Blymyer will provide
engineering support services during bidding and contract award. Services are
anticipated to include responding to bidder questions during the construction
Contract C 131552 - Scope of Services - Page 2 of 9
o
bidding phase of the project, assisting city staff in reviewing bids received, "~
assisting the City’s project manager in conducting, a pre-construction meeting, and
preparing necessary addenda to the plans and specifications as a result of changes
to the final design and/or specifications:
Environmental Assessment Support - Assist City staff in completing an Initial
Study and preparing a Negative Declaration for complian.ce with Califomia
Environmental Quality Act (CEQA) requirements.
Architectural Review Board (ARB) Support - Attend selected architectural review
board meetings in order to obtain ARB approval of selected project elements.
END OF PART I
Contract C131552 - Scope of Services -Page 3 of 9
PART II DESIGN AND ENGINEERING OF .THE PUBLICLY ACCESSIBLE
CNG FUEL DISPENSING SYSTEM
A scope of services for a public CNG fueling dispenser system was not included in RFP
# 131552. However, based on discussions between representatives of Blymyer Engineers
and City staff at the meeting heldaon April 27, 2001, and the proposal submitted by
Blymyer Engineers; Inc. on May 25, 2001, the scope of services for the design and
engineering of the publicly accessible CNG fueling dispenser iystem will include the
following tasks and services:
Initial Site Visit, Data Gathering and Data Gap Identification - Under this task, the
Blymyer project team will attend a pre-design meeting with City staff. The
pre-design meeting will be held at the Municipal services Center (MSC) facility.
Prior to this meeting, Blymyer will prepare an available drawing/specification
¯ request .list. This list will-be used by City staff to collect available plans,
specifications, operating manuals and other project documentation related to the
existing underground.utilities and site improvements along East Bayshore Road.
The available information will be brought to the pre-design meeting, and will be
made available for Blymyer’s use.
Pre-Design Meeting - At this meeting the specific requirements for the
public CNG fueling system and public fueling area will be discussed. The
public fueling system will consist of a single, "cardlock" controlled fast-fill
dispenser and associated .6~tuipment located to the north of the MSC main
gate between the road and the existing security fence. The project will also
include necessary local site improvements, such as modification of the
existing curbs and sidewalks, paved access to the fueling area, and minor
landscaping changes which may be required as a result of the City’s
Architectural Review process.
No Following .the pre2design meeting, the Blymyer teamwill review the
existing civil, electrical and mechanical drawings provided by City staff
and alert the City of any data gaps that could impact the schedule and/or
project budget. Since the new facility will be located in an area of the MSC
that is highly visible and a significant distance from the compressor area,
the primary issues will be permitting issues (i.e. ArChitectural Review,
etc.), and routing of the CNG piping and electrical conduits to the.public
fueling area.
Initial Study - As part of this task, Blymyer will review available plans and
specifications, meet with City staff, and perform additional site visits to perform
the following subtasks:
Co~tract C131552 - Scope of Services - Page 4 of 9
Evaluate the anticipated public fueling demand to validate the number of
dispensers required and establish general layout requirements for the
fueling area to allow safe and efficient access to the site.
Evaluate possible routing of CNG piping and electrical conduits to the
public fueling area to establish the safest and most Cost effective route.
Perform a site reconnaissance and review existing plans to identify existing
structures, underground utilities, aboveground utilities and other.
appurtenances in the area where the new public fueling facility will be
constructed. The City will provide existing plans for the area, if they are
available. Boundary and topographic surveying are excluded from the
scope of work.
Integrate the schematic design for the new public CNG fueling system
equipment into the schematic design for the new. Integrated Fueling
Facility. The schematic design will be based on the. specific parameters
identified in the RFP for the CNG and conventional fueling systems and in
Task 1.
o
e Prepare a schematic site plan for the public fueling area project.
.During the performance of the above subtasks, the Blymyer team will meet
with City staff to discuss the space requirements 0f the specific CNG
fueling equipment. Durin~"the initial study or schematic design phase,, the
site plan will be used establish conceptual layouts of the key system
components.
A preliminary construction cost estimate will be prepared based on the
schematic design.
Preliminarg Design - During this phase, the Blymyer team will perform the
following:
Engineering design to size and specify the specific equipment components
for the public CNG fueling system. This will include all dispensers,piping,
valves, controls and associated components for the public fueling system.
Prepare plans and specifications for the fuel island and surrounding
improvements.
At the conclusion of this task, Blymyer will issue the preliminary plans.
The plans will be prepared on "D" size sheets (22~" X 36" format). Sheet
Title Sheet and Site Plan will be based on drawings to be provided by City
staff. The Site Plan will show the fueling area relative to the MSC facility.
Contact C131552 - Scope of Services - Page 5 of 9
As part of the preliminary plan submittal, Blymyer will prepare a
preliminary engineer’s estimate for the required improvements.
do Blymyer will prepare and submit the preliminary plans and cost estimate
for review and approval by the City staff. Blymyer will proceed to final
design upon approval by City staff.
These will be considered the 60 percent submittal. Necessary permits and
review agencies will be identified at this time. These agencies will be
contacted and pre-submittal meetings will be scheduled with City staff to
discussthe project.
Final Plan Submittal and Permit Approval - As part of this task,. Blymyer will
incorporate comments from the 60 percent submittal into the fmal design plan and
specifications. Blymyer will resubmit the final plans to the City staff for obtaining
permit approvals from the City’s Building Inspection Division, Fire Department
and Environmental Compliance Division. Blymyer will prepare the fmal drawing
set for building permit submittal and fire code compliance. The plans will be
prepared on "D" size sheets (24" X 36" format). Blymyer will submit the plans for
permit approval to City staff, and will coordinate with City staff regarding final
issuance of the permits. All permit fees will be paid directly by the City.
PrepareContract Bid Documents - Following completion of Task 4, Blymyer will
prepare bid documents for use by the City in soliciting bids from qualified
contractors. The bid documents"will include general conditions and necessary
technical specifications. City- staff will provide general conditions and/or special
conditions typically included in bid documents. Drawings prepared as part of
Tasks 4 will be incorporated into the bid documents. The technical specifications
will include an operation and maintenance specification for the contractor to
maintain the fueling equipment for at least three (3) years. The specifications and
drawings for the public fueling dispenser system will be integrated (as a separate
item) with the specifications for the Integrated Fueling Facility.
Proiect Management - Under this task, all project management functions will be
handled.
o
As the work on the design for the public CNG dispenser will be performed at the
same time as the work on the new Integrated Fueling Facility (barring regulatory
delays), the project management for both projects will be consolidated.
Project Meetings - This task includes attending.all project related meetings. Key
members of the project team will attend all project meetings. Key project team
members are defined to include the project manager (Tom Mitchell), fueling
facility designer (Bjorn Enstrom), and the CNG fueling system designer (Jim
Dong).
Contract C131552 - Scope of Services -Page 6 of 9
10.
11.
This task includes attending a total of five (5) meetings which will be held at the
same time as those for the Integrated Fueling Facility. One meeting will beheld at
the beginning of the pre-design phase..One meeting will be held at the end of
Initial study, Preliminary Design., and Final Design phases. One pre-submittal
meeting will be held with the City agencies involved in permitting and plan
approval..Attending Architectural Review Board meetings is covered under Task
10.
Construction Management Services - As part of this task, Blymyer will provide
the following construction management services:
Blymyer will assist City staff in answering contractor questions during the
contract bid phase. Blymyer will assist in preparing necessary addenda to
the bid documents.
Blymyer will attend a pre-construction meeting with the contractor
awarded the project.
Blymyer will review submittals prepared by the contractor to confirm
compliance with the contract bid documents and technical specification.
This will include equipment submittals, and material submittals.
CEQA Initial Study and Negative Declaration - Blymyer will assist the City staff
in completing the initial study for compliance with CEQA. Since the project
involves a remodel of an exist~g facility, a full Environmental Impact Report
(EIR) does not appear to be necessary. If this is the case, Blymyer will assist City
staff in preparing the negative declaration. Preparation of an EIR is outside this
scope of work.
Architectural Review Board Meetings - As part of this task, Blymyer will attend
one (1) meeting to be held by the Architectural Review Board to assist in
obtaining ARB project approval.
Technical Services - As part of this task, Blymyer will provide the-following
technical support services during construction:
Construction Inspection Coordination: Blymyer will observe the
installed work for conformance with the plans .and specifications,
and will assist City staff in coordinating fmal permit closeout with
the contractor.
Co
Start-up Support." Blymyer will provide technical support during
start-up and acceptance testing.
Operation and Maintenance Program." Blymyer will assist City staff
in preparing necessary operation and maintenance manuals and
Contract C131552 - Scope of Services -Page 7 of 9
do
developing a preventive maintenance program for the new
Integrated Fueling Facility.
.The fee estimate for Task 11 (shown in Table 2)has been provided
for preliminary bUdgeting purposes.. Blymyer will provide a revised
budget for Task 11 once a contractor has been selected and. a
construction schedule has been established.
END OF PART II
Contract C131552 - Scope of Services - Page 8 of 9
PART III TIMELINE
The work described in Parts I and II oft.his document will commence within t0 days of
contract award. The work will be completed within 150 days of commencement.
PART IV COPIES OF DELIVERABLES TO BE PROVIDED TO CITY
1.Three (3) sets of 24" X 36" plans and specifications at 60% and 90% design
completion.
2.Five (5) sets of half-size plans for the ARB (if necessary).., ..
3.Three (3) sets of full-size plans for the ARB (if necessary).
4.Five (5) sets of environmental assessment documents and other required reports.
5.Upon completion of the final design the Consultant will submit one (1) set of
specifications, one (1) set of calculations, and one (1) set of drawings on
reproducible media (clear film, velum, or mylar) to the City. Specification
documents will include General Conditions and Technical Specifications, and
-Will be in the CSI format. Drawings shall be signed by the Registered Engineer.
Project drawings will be prepared according to the City’s standard format. Tke
standard City title block will be in the lower right comer of each drawing.
7. Electronic copies of the as-built plans and specifications will be provided in
AutoCAD® (R14) and Microsoft® Word 2000 format respectively.
.6.
Contract C131552 - Scope of Services - Page 9 of 9