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HomeMy WebLinkAboutStaff Report 3966 City of Palo Alto (ID # 3966) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/16/2013 City of Palo Alto Page 1 Summary Title: RWQCP Landscaping IFB Approval Title: Approval of Wastewater Treatment Enterprise Fund Contract with QLM Inc. in the Amount of $1,034,681 for the Regional Water Quality Control Plant Landscaping Construction Project--Capital Improvement Program Project WQ-80021 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1. Approve, and authorize the City Manager or his designee to execute, the attached contract with QLM Inc. (Attachment A) in an amount not to exceed $1,034,681 for landscape improvements at the Regional Water Quality Control Plant Capital Improvement Program Project WQ-80021; and 2. Approve and authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with QLM Inc. for related and additional but unforeseen work which may develop during the project, the total value of which shall not exceed $103,468, for a total contract not-to-exceed amount of $1,138,149. Executive Summary The Palo Alto Regional Water Quality Control Plant (RWQCP) was expanded in the 1980’s and that project was conditional upon the installation and maintenance of landscape screening to protect the view from adjacent parkland. Much of that landscape is currently in disrepair or in need of general improvement as is the landscaping interior to the treatment plant. City of Palo Alto Page 2 Staff worked with Siegfried landscape architects and public stakeholders to provide final design, construction administration, and bidding services (Attachment B-CMR:353:10 dated September 27, 2010,) for the project. Two bids were received and staff recommends that the bid of $1,034,681 submitted by QLM Inc. be accepted and that QLM Inc. be declared the lowest responsible bidder. Construction is projected to start in January 2014 and should be completed by April 15, 2014. Attachments E through I show the landscaping work that will be done under the construction contract. Background The City of Palo Alto owns and operates the RWQCP and treats wastewater on behalf of the East Palo Alto Sanitary District, Los Altos, Los Altos Hills, Mountain View, Palo Alto, and Stanford University (the Partners). The RWQCP is a 25-acre facility with a landscaped perimeter and interior. The exterior project area extends along the eastern end of Embarcadero Road across from the airport extending around to the southeastern portion of Harbor Road approaching Byxbee Park. The landscaping improvements at the RWQCP address the 1980’s plant expansion mitigation that required the plant be screened from adjacent parkland and the interior enhancements will improve community outreach at the facility. The entrance and interior of the RWQCP are also included in the project. The planned improvements were developed with significant community input including that of the project’s Advisory Committee which included community and staff Baylands stakeholders. Outreach included meetings with the Architectural Review Board, Parks and Recreation Commission, Art Commission, and the Planning and Transportation Commission. The environmental goals and considerations are discussed in the original staff report (Attachment C, Staff Report ID# 1804 dated December 5, 2011). Public Art and Signage Requirements This project is subject to the City’s Percent Art for Art Program. The RWQCP and recently opened Household Hazardous Waste (HHW) Station (located at the entrance to the RWQCP and situated on RWQCP property) have combined funds for a sculpture by artist Martin Webb which will be positioned at the RWQCP/HHW entrance (Attachment G). Bid Summary City of Palo Alto Page 3 RWQCP Landscape Construction (IFB # 149920). The engineer’s estimate of construction costs was $944,913. Proposed Length of Project Four months Number of bids mailed to contractors 8 Number of bids mailed to builders’ exchanges 0 Total days to respond to bid 29 Pre bid meeting Yes Number of company attendees at pre- bid meeting 8 Number of bids received 2 Base bid price range $1,034,681 - $1,157,397 *Bid summary provided in Attachment D Staff has reviewed all bids and recommends that the bid of $1,034,681 submitted by QLM Inc. be accepted and that QLM Inc. be declared the lowest responsible bidder. Staff confirmed with the Contractor's State License Board that the contractor has an active license on file. Staff checked references supplied by the contractor for previous work performed and found no significant complaints. Timeline Construction is estimated to be completed by April 15, 2014. Resource Impact The project is funded by RWQCP partners. The City of Palo Alto will fund approximately 38% of the project or $393,178. Funding for this contract is included in FY 2013 Wastewater Treatment Enterprise Fund Capital Improvement Program, Plant Equipment Replacement WQ-80021. Upon approval of this contract, the remaining available budget for WQ-80021 will be $1,394,273. City of Palo Alto Page 4 Policy Implications Authorization of this project is consistent with City policies. Environmental Review The landscaping project areas around and within the Plant meet the criteria for an existing facilities exemption pursuant to Section 15301 of the California Environmental Quality Act Guidelines. Attachments:  Attachment A-C14149920_QLM_RWQCP Landscaping 12_4_13 (DOC)  Attachment B-CMR:353:10 dated September 27, 2010 (PDF)  Attachment C-Staff Report ID# 1804 dated December 5, 2011 (PDF)  Attachment D-Bid summary (PDF)  Attachment E-RWQCP Landscaping Project Areas (DOCX)  Attachment F-Project site at corner of Embarcadero Road and Harbor Road Final Design (DOCX)  Attachment G RWQCP and HHW Station Entrance Final Design (DOCX)  Attachment H-RWQCP Interior Final Design (DOCX)  Attachment I-Recycled Water Tank Seating Area (DOCX) Invitation for Bid (IFB) Package 1 Rev. July 2012 CONSTRUCTION CONTRACT Attachment A CONSTRUCTION CONTRACT Contract No. C14149920 City of Palo Alto and QLM, INC. PROJECT RQWCP LANDSCAPE PROJECT Invitation for Bid (IFB) Package 2 Rev. July 2012 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT TABLE OF CONTENTS SECTION 1. INCORPORATION OF RECITALS AND DEFINITIONS……………………………….. .................... 5 1.1 Recitals .............................................................................................................. 5 1.2 Definitions .......................................................................................................... 5 SECTION 2. THE PROJECT……………………………………………………………………………… .............................. 5 SECTION 3. THE CONTRACT DOCUMENTS…………………………………………………………. ......................... 5 3.1 List of Documents …………………………………………………………………………………………. ..... 5 3.2 Order of Precedence …………………………………………………………………………… ............... 6 SECTION 4. THE WORK ………………………………………………………………………………….............................. 7 SECTION 5. PROJECT TEAM ………………………………………………………………………….. ............................. 7 SECTION 6. TIME OF COMPLETION ………………………………………………………………….. .......................... 7 6.1 Time Is of Essence ....................................................................................... ……… 7 6.2 Commencement of Work .................................................................................... 7 6.3 Contract Time ..................................................................................................... 7 6.4 Liquidated Damages ........................................................................................... 7 6.4.1 Entitlement……………………………………………………………………………………………. 7 6.4.2 Daily Amount…………………………………………………………………………………………. 2 6.4.3 Exclusive Remedy………………………………………………………………………………….. 2 6.4.4 Other Remedies…………………………………………………………………………………... 2 6.5 Adjustments to Contract Time ......................................................................... … 2 SECTION 7. COMPENSATION TO CONTRACTOR………………………………………………………………………... 2 7.1 Contract Sum ……………………………………………………………………………………………………… 2 7.2 Full Compensation …………………………………………………………………………………………….. 9 7.3 Compensation for Extra or Deleted Work …………………………………………………………….9 7.3.1 Self Performed Work………………………………………………………………………………… 9 7.3.2 Subcontractors…………………………………………………………………………………………. 9 SECTION 8. STANDARD OF CARE .................................................................................................. 9 SECTION 9. INDEMNIFICATION .................................................................................................... 10 9.1 Hold Harmless…………………………………………………………………………………………………….. 10 9.2 Survival………………………………………………………………………………………………………………. 10 SECTION 10. NONDISCRIMINATION ............................................................................................. 10 SECTION 11. INSURANCE AND BONDS ......................................................................................... 10 Invitation for Bid (IFB) Package 3 Rev. July 2012 CONSTRUCTION CONTRACT SECTION 12. PROHIBITION AGAINST TRANSFERS ......................................................................... 11 SECTION 13. NOTICES .................................................................................................................. 11 13.1 Method of Notice ………………………………………………………………………………………………..11 13.2 Notice Recipients ................................................................................................ 11 13.3 Change of Address .............................................................................................. 12 14.1 Resolution of Contract Disputes .......................................................................... 12 14.2 Resolution of Other Disputes .............................................................................. 12 14.2.1 Non-Contract Disputes ……………………………………………………………………………….12 14.2.2 Litigation, City Election ……………………………………………………...........................12 14.3 Submission of Contract Dispute …………………………………………………………………………..13 14.3.1 By Contractor …………………………………………………………………………………………. 13 14.3.2 By City ……………………………………………………………………………………………………. 13 14.4 Contract Dispute Resolution Process .............................................................. …… 13 14.4.1 Direct Negotiation………………………………………………………………………… ………….13 14.4.2 Deferral of Contract Disputes ………………………………………………………………… 14 14.4.3 Mediation ………………………………………………………………………………………………….14 14.4.4 Binding Arbitration ……………………………………………………………………………………14 14.5 Non-Waiver …………………………………………………………………………………………………………15 SECTION 15. DEFAULT ................................................................................................................. 16 15.1 Notice of Default ................................................................................................ 16 15.2 Opportunity to Cure Default ............................................................................... 16 SECTION 16. CITY'S RIGHTS AND REMEDIES ................................................................................. 16 16.1 Remedies Upon Default ...................................................................................... 16 16.1.1 Delete Certain Servic………………………………………………………...........................16 16.1.2 Perform and Withhold ……………………………………………………………………………. 16 16.1.3 Suspend The Construction Contract ………………………………………………………….16 16.1.4 Terminate the Construction Contract for Default ……………………………………..16 16.1.5 Invoke the Performance Bond ………………………………………………………………….16 16.1.6 Additional Provisions ……………………………………………………………………………….17 16.2 Delays by Sureties .............................................................................................. 17 16.3 Damages to City ................................................................................................. 17 16.3.1 For Contractor's Default …………………………………………………………………………..17 16.3.2 Compensation for Losses ………………………………………………………………………….17 16.5 Suspension by City for Convenience .................................................................... 18 16.6 Termination Without Cause ................................................................................ 18 Invitation for Bid (IFB) Package 4 Rev. July 2012 CONSTRUCTION CONTRACT 16.6.1 Compensation ………………………………………………………………………………………….18 16.6.2 Subcontractors …………………………………………………………………………………………18 16.7 Contractor’s Duties Upon Termination ................................................................ 19 SECTION 17. CONTRACTOR'S RIGHTS AND REMEDIES .................................................................. 19 17.1 Contractor’s Remedies ........................................................................................ 19 17.1.1 For Work Stoppage ………………………………………………………………………………….. 19 17.1.2 For City's Non-Payment …………………………………………………………………………… 19 17.2 Damages to Contractor ....................................................................................... 19 SECTION 18. ACCOUNTING RECORDS .......................................................................................... 19 18.1 Financial Management and City Access ......................................................... ……. 19 18.2 Compliance with City Requests ....................................................................... …. 20 SECTION 19. INDEPENDENT PARTIES ........................................................................................... 20 SECTION 20. NUISANCE ............................................................................................................... 20 SECTION 21. PERMITS AND LICENSES........................................................................................... 20 SECTION 22. WAIVER .................................................................................................................. 20 SECTION 23. GOVERNING LAW .................................................................................................... 20 SECTION 24. COMPLETE AGREEMENT .......................................................................................... 21 SECTION 25. SURVIVAL OF CONTRACT ......................................................................................... 21 SECTION 26. PREVAILING WAGES ................................................................................................ 21 SECTION 27. NON APPROPRIATION ............................................................................................. 21 SECTION 28. GOVERNMENTAL POWERS ...................................................................................... 21 SECTION 29. ATTORNEY FEES ...................................................................................................... 21 SECTION 30. COUNTERPARTS ...................................................................................................... 22 SECTION 31. SEVERABILITY .......................................................................................................... 22 Invitation for Bid (IFB) Package 5 Rev. July 2012 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT entered into on Decmber 01, 2013 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and QLM, INC. ("Contractor"), is made with reference to the following: R E C I T A L S: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Contractor is a Corporation duly organized and in good standing in the State of California, Contractor’s License Number 662718. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract. C. On October 08, 2013, City issued an Invitation for Bids (IFB) to contractors for the City Of PA RWQCP Landscape Project (“Project”). In response to the IFB, Contractor submitted a bid. D. City and Contractor desire to enter into this Construction Contract for the Project, and other services as identified in the Bid Documents for the Project upon the following terms and conditions. NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows: SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. 1.1 Recitals. All of the recitals are incorporated herein by reference. 1.2 Definitions. Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail. SECTION 2 THE PROJECT. The Project is the construction of the City of PA RWQCP Landscape Project ("Project"). SECTION 3 THE CONTRACT DOCUMENTS. 3.1 List of Documents. The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the following documents which are on file with the Purchasing Division and are hereby incorporated by reference. 1) Change Orders 2) Field Change Orders Invitation for Bid (IFB) Package 6 Rev. July 2012 CONSTRUCTION CONTRACT 3) Contract 4) Project Plans and Drawings 5) Technical Specifications 6) Special Provisions 7) Notice Inviting Bids 8) Instructions to Bidders 9) General Conditions 10) Bidding Addenda 11) Invitation for Bids 12) Contractor's Bid/Non-Collusion Affidavit 13) Reports listed in the Bidding Documents 14) Public Works Department’s Standard Drawings and Specifications dated 2007 and updated from time to time 15) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards dated 2005 and updated from time to time 16) City of Palo Alto Traffic Control Requirements 17) City of Palo Alto Truck Route Map and Regulations 18) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre- Qualification Checklist (if applicable) 19) Performance and Payment Bonds 20) Insurance Forms 3.2 Order of Precedence. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City. // // Invitation for Bid (IFB) Package 7 Rev. July 2012 CONSTRUCTION CONTRACT SECTION 4 THE WORK. The Work includes all labor, materials, equipment, services, permits, fees, licenses and taxes, and all other things necessary for Contractor to perform its obligations and complete the Project, including, without limitation, any Changes approved by City, in accordance with the Contract Documents and all Applicable Code Requirements. SECTION 5 PROJECT TEAM. In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Project requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project. SECTION 6 TIME OF COMPLETION. 6.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents. 6.2 Commencement of Work. Contractor shall commence the Work on the date specified in City’s Notice to Proceed. 6.3 Contract Time. Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed not later than March 1 for exterior project locations and April 15 for interior project site. 6.4 Liquidated Damages. 6.4.1 Entitlement. City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to: (i) Loss of public confidence in City and its contractors and consultants. (ii) Loss of public use of public facilities. (iii) Extended disruption to public. // // // // Invitation for Bid (IFB) Package 2 Rev. July 2012 CONSTRUCTION CONTRACT 6.4.2 Daily Amount. City and Contractor have reasonably endeavored, but failed, to ascertain the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time. Therefore, the parties agree that in addition to all other damages to which City may be entitled other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time, Contractor shall pay City as liquidated damages the amount of $500 per day for each Day occurring after the expiration of the Contract Time until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work. 6.4.3 Exclusive Remedy. City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.4.4 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.5 Adjustments to Contract Time. The Contract Time may only be adjusted for time extensions approved by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents. SECTION 7 COMPENSATION TO CONTRACTOR. 7.1 Contract Sum. Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of One Million Thirty-four Six Hundred Eighty-one Dollars ($1,034,681.00). [This amount includes the Base Bid and Add Alternates .] / / / / Invitation for Bid (IFB) Package 9 Rev. July 2012 CONSTRUCTION CONTRACT 7.2 Full Compensation. The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed and satisfactorily performed in accordance with the requirements of the Contract Documents. 7.3 Compensation for Extra or Deleted Work. The Contract Sum shall be adjusted (either by addition or credit) for Changes in the Work involving Extra Work or Deleted Work based on one or more of the following methods to be selected by City: 1. Unit prices stated in the Contract Documents or agreed upon by City and Contractor, which unit prices shall be deemed to include Contractor Markup and Subcontractor/Sub-subcontractor Markups permitted by this Section. 2. A lump sum agreed upon by City and Contractor, based on the estimated Allowable Costs and Contractor Markup and Subcontractor Markup computed in accordance with this Section. 3. Contractor’s Allowable Costs, plus Contractor Markup and Subcontractor Markups applicable to such Extra Work computed in accordance with this Section. Contractor Markup and Subcontractor/Sub-subcontractor Markups set forth herein are the full amount of compensation to be added for Extra Work or to be subtracted for Deleted Work that is attributable to overhead (direct and indirect) and profit of Contractor and of its Subcontractors and Sub-subcontractors, of every Tier. When using this payment methodology, Contractor Markup and Subcontractor/Sub-subcontractor Markups, which shall not be compounded, shall be computed as follows: 7.3.1 Markup Self-Performed Work. 10% of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by Contractor with its own forces. 7.3.2 Markup for Work Performed by Subcontractors. 15% of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by a first Tier Subcontractor. SECTION 8 STANDARD OF CARE. Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project. Invitation for Bid (IFB) Package 10 Rev. July 2012 CONSTRUCTION CONTRACT SECTION 9 INDEMNIFICATION. 9.1 Hold Harmless. To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to any of, the following: (i) Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub- subcontractors, of any tier; (ii) Performance or nonperformance by Contractor or its Subcontractors or Sub- subcontractors of any tier, of any of the obligations under the Contract Documents; (iii) The construction activities of Contractor or its Subcontractors or Sub-subcontractors, of any tier, either on the Site or on other properties; (iv) The payment or nonpayment by Contractor to any of its employees, Subcontractors or Sub-subcontractors of any tier, for Work performed on or off the Site for the Project; and (v) Any personal injury, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub- subcontractors of any tier, of the Work. However, nothing herein shall obligate Contractor to indemnify any Indemnitee for Losses resulting from the sole or active negligence or willful misconduct of the Indemnitee. Contractor shall pay City for any costs City incurs to enforce this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 9.2 Survival. The provisions of Section 9 shall survive the termination of this Construction Contract. SECTION 10 NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and will comply with all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 11 INSURANCE AND BONDS. On or before the Execution Date, Contractor shall provide City with evidence that it has obtained insurance and Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. Failure to do so shall be deemed a material breach of this Construction Contract. Invitation for Bid (IFB) Package 11 Rev. July 2012 CONSTRUCTION CONTRACT SECTION 12 PROHIBITION AGAINST TRANSFERS. City is entering into this Construction Contract based upon the stated experience and qualifications of the Contractor and its subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity. SECTION 13 NOTICES. 13.1 Method of Notice. All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and shall be deemed served on the earlier of the following: (i) On the date delivered if delivered personally; (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (v) On the date it is accepted or rejected if sent by certified mail. 13.2 Notice Recipients. All notices, demands or requests (including, without limitation, Claims) from Contractor to City shall include the Project name and the number of this Construction Contract and shall be addressed to City at: To City: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to: City of Palo Alto Public Works Administration 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Julie Wiess In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following: Palo Alto City Attorney’s Office 250 Hamilton Avenue P.O. Box 10250 Palo Alto, California 94303 All Claims shall be delivered personally or sent by certified mail. Invitation for Bid (IFB) Package 12 Rev. July 2012 CONSTRUCTION CONTRACT All notices, demands, requests or approvals from City to Contractor shall be addressed to: QLM, INC. PO Box 33162 Los Gatos, CA 95031 13.3 Change of Address. In the event of any change of address, the moving party shall notify the other party of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided. SECTION 14 DISPUTE RESOLUTION. 14.1 Resolution of Contract Disputes. Contract Disputes shall be resolved by the parties in accordance with the provisions of this Section 14, in lieu of any and all rights under the law that either party have its rights adjudged by a trial court or jury. All Contract Disputes shall be subject to the Contract Dispute Resolution Process set forth in this Section 14, which shall be the exclusive recourse of Contractor and City for such Contract Disputes. 14.2 Resolution of Other Disputes. 14.2.1 Non-Contract Disputes. Contract Disputes shall not include any of the following: (i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency; (ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub-subcontractors of any tier; (iii) False claims liability under California Government Code Section 12650, et. seq.; (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; (v) Stop notices; or (vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents. 14.2.2 Litigation, City Election. Matters that do not constitute Contract Disputes shall be resolved by way of an action filed in the Superior Court of the State of California, County of Santa Clara, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Disputes. Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Disputes, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and final determination until after Final Completion of the Work. Invitation for Bid (IFB) Package 13 Rev. July 2012 CONSTRUCTION CONTRACT 14.3 Submission of Contract Dispute. 14.3.1 By Contractor. Contractors may commence the Contract Dispute Resolution Process upon City's written response denying all or part of a Claim pursuant to Paragraph 4.2.9 or 4.2.10 of the General Conditions. Contractor shall submit a written Statement of Contract Dispute (as set forth below) to City within seven (7) Days after City rejects all or a portion of Contractor's Claim. Failure by Contractor to submit its Statement of Contract Dispute in a timely manner shall result in City’s decision by City on the Claim becoming final and binding. Contractor’s Statement of Contract Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the asserted effect on the Contract Sum and the Contract Time. The Statement of Contract Dispute shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Contract Dispute relating to an adjustment of the Contract Time shall include both of the following: (i) All of the scheduling data required to be submitted by Contractor under the Contract Documents to obtain extensions of time and adjustments to the Contract Time and (ii) A detailed, event-by-event description of the impact of each event on completion of Work. Adequate data to support a Statement of Contract Dispute involving an adjustment of the Contract Sum must include both of the following: (a) A detailed cost breakdown and (b) Supporting cost data in such form and including such information and other supporting data as required under the Contract Documents for submission of Change Order Requests and Claims. 14.3.2 By City. City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to the Contract Dispute. City asserts Contract Disputes in response to a Contract Dispute asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events. 14.4 Contract Dispute Resolution Process. The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, and good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process. 14.4.1 Direct Negotiations. Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Contract Dispute) in a good faith effort to negotiate a resolution to the Contract Dispute. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claims or defenses being asserted by such party in the negotiations, and with full authority to resolve such Contract Dispute then and there, subject only to City’s obligation to obtain administrative and/or City Council approval of any agreed settlement or resolution. If the Contract Dispute involves the assertion of a right or claim by a Subcontractor or Sub-subcontractor, of any tier, against Contractor that is in turn being asserted by Contractor against City (“Pass-Through Claim”), then the Subcontractor or Sub-Subcontractor shall also have a representative attend the negotiations, with the same authority and knowledge as described above. Upon completion of the meeting, if the Contract Dispute is not resolved, the parties may either continue the negotiations or Invitation for Bid (IFB) Package 14 Rev. July 2012 CONSTRUCTION CONTRACT any party may declare negotiations ended. All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. 14.4.2 Deferral of Contract Disputes. Following the completion of the negotiations required by Paragraph 14.4.1, all unresolved Contract Disputes shall be deferred pending Final Completion of the Project, subject to City’s right, in its sole and absolute discretion, to require that the Contract Dispute Resolution Process proceed prior to Final Completion. All Contract Disputes that have been deferred until Final Completion shall be consolidated within a reasonable time after Final Completion and thereafter pursued to resolution pursuant to this Contract Dispute Resolution Process. The parties can continue informal negotiations of Contract Disputes; provided, however, that such informal negotiations shall not be alter the provisions of the Agreement deferring final determination and resolution of unresolved Contract Disputes until after Final Completion. 14.4.3 Mediation. If the Contract Dispute remains unresolved after negotiations pursuant to Paragraph 14.4.1, the parties shall submit the Contract Dispute to non-binding mediation before a mutually acceptable third party mediator. .1 Qualifications of Mediator. The parties shall endeavor to select a mediator who is a retired judge or an attorney with at least five (5) years of experience in public works construction contract law and in mediating public works construction disputes. In addition, the mediator shall have at least twenty (20) hours of formal training in mediation skills. .2 Submission to Mediation and Selection of Mediator. The party initiating mediation of a Contract Dispute shall provide written notice to the other party of its decision to mediate. In the event the parties are unable to agree upon a mediator within fifteen (15) Days after the receipt of such written notice, then the parties shall submit the matter to the American Arbitration Association (AAA) at its San Francisco Regional Office for selection of a mediator in accordance with the AAA Construction Industry Mediation Rules. .3 Mediation Process. The location of the mediation shall be at the offices of City. The costs of mediation shall be shared equally by both parties. The mediator shall provide an independent assessment on the merits of the Contract Dispute and recommendations for resolution. All discussions that occur during the mediation and all documents prepared solely for the purpose of the mediation shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. 14.4.4 Binding Arbitration. If the Contract Dispute is not resolved by mediation, then any party may submit the Contract Dispute for final and binding arbitration pursuant to the provisions of California Public Contract Code Sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following: .1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code Section 10240.5. Invitation for Bid (IFB) Package 15 Rev. July 2012 CONSTRUCTION CONTRACT .2 Qualifications of the Arbitrator. The arbitrator shall be approved by all parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience in public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon an arbitrator, the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein. .3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance. .4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown. .5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award. .6 Limitation of Depositions. The parties may conduct discovery in accordance with the provisions of section 10240.11 of the Public Contract Code; provided, however, that depositions shall be limited to both of the following: (i) Ten (10) percipient witnesses for each party and 5 expert witnesses per party. Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence. .7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards. .8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4. Contractor shall include this provision in its contracts with its Subcontractors who provide any portion of the Work. 14.5 Non-Waiver. Participation in the Contract Dispute Resolution Process shall not waive, release or compromise any defense of City, including, without limitation, any defense based on the assertion that the rights or Claims of Contractor that are the basis of a Contract Dispute were previously waived by Contractor due to Contractor’s failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time or for submission of Claims or supporting documentation of Claims. Invitation for Bid (IFB) Package 16 Rev. July 2012 CONSTRUCTION CONTRACT SECTION 15 DEFAULT. 15.1 Notice of Default. In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract. 15.2 Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice. SECTION 16 CITY'S RIGHTS AND REMEDIES. 16.1 Remedies Upon Default. If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pursue any remedies available under law or equity, including, without limitation, the following: 16.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto. 16.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto. 16.1.3 Suspend The Construction Contract. City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work. 16.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein. 16.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond. Invitation for Bid (IFB) Package 17 Rev. July 2012 CONSTRUCTION CONTRACT 16.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from terminating the Agreement for breaches that are not material. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City. 16.2 Delays by Sureties. Without limiting to any of City’s other rights or remedies, City has the right to suspend the performance of the Work by Contractor’s sureties in the event of any of the following: (i) The sureties’ failure to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time; (ii) The sureties’ abandonment of the Work; (iii) If at any time City is of the opinion the sureties’ Work is unnecessarily or unreasonably delaying the Work; (iv) The sureties’ violation of any terms of the Construction Contract; (v) The sureties’ failure to perform according to the Contract Documents; or (vi) The sureties’ failure to follow City’s instructions for completion of the Work within the Contract Time. 16.3 Damages to City. 16.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents. 16.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City. Invitation for Bid (IFB) Package 18 Rev. July 2012 CONSTRUCTION CONTRACT 16.4 Suspension by City for Convenience. City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Work. 16.5 Termination Without Cause. City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole by giving thirty (30) Days written notice to Contractor. The compensation allowed under this Paragraph 16.5 shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause. 16.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.5, City shall pay the following to Contractor as Contractor’s sole compensation for performance of the Work : .1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor. .2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for: (i) Demobilizing and (ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination. .3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work. 16.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor against City under this Section. Invitation for Bid (IFB) Package 19 Rev. July 2012 CONSTRUCTION CONTRACT 16.6 Contractor’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following: (i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES. 17.1 Contractor’s Remedies. Contractor may terminate this Construction Contract only upon the occurrence of one of the following: 17.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for convenience. 17.1.2 For City's Non-Payment. If City does not make pay Contractor undisputed sums within ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a second notice to City of Contractor’s intention to terminate the Construction Contract. 17.2 Damages to Contractor. In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph 16.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind. SECTION 18 ACCOUNTING RECORDS. 18.1 Financial Management and City Access. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally Invitation for Bid (IFB) Package 20 Rev. July 2012 CONSTRUCTION CONTRACT accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain these documents for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law. 18.2 Compliance with City Requests. Contractor's compliance with any request by City pursuant to this Section 18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its business and other records referred to in Section 18.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony. SECTION 19 INDEPENDENT PARTIES. Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures’ of the other party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth. SECTION 20 NUISANCE. Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Construction Contract. SECTION 21 PERMITS AND LICENSES. Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies. SECTION 22 WAIVER. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. SECTION 23 GOVERNING LAW. This Construction Contract shall be construed in accordance with and governed by the laws of the State of California. Invitation for Bid (IFB) Package 21 Rev. July 2012 CONSTRUCTION CONTRACT SECTION 24 COMPLETE AGREEMENT. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written instrument, which is signed by the parties. SECTION 25 SURVIVAL OF CONTRACT. The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract. SECTION 26 PREVAILING WAGES. The Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations. Copies of these rates may be obtained at cost at the Purchasing office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1810, and 1813 of the Labor Code. SECTION 27 NON APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that the City does not appropriate funds for the following fiscal year for this event, 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 Construction Contract are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 28 AUTHORITY. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. SECTION 29 ATTORNEY FEES. Each Party shall bear its own costs, including attorney’s fees through the completion of mediation. If the claim or dispute is not resolved through mediation and in any dispute described in Paragraph 14.2, the prevailing party in any action brought to enforce the provision of this Agreement may recover its reasonable costs and attorney’s fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorney’s’ fees paid to third parties. // // Invitation for Bid (IFB) Package 22 Rev. July 2012 CONSTRUCTION CONTRACT SECTION 30 COUNTERPARTS This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. SECTION 31 SEVERABILITY. In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: ___________________________ Senior Asst. City Attorney APPROVED: ___________________________ Public Works Director QLM, INC. By:___________________________ Name:_________________________ Title:________________________ , TO: FROM: DATE: REPORT TYPE: HONORABLE CITY COUNCIL CITY MANAGER SEPTEMBER 27, 2010 CONSENT DEPARTMENT: PUBLIC WORKS CMR:353:10 SUBJECT: Approval of a Contract with Siegfried Engineering Inc. in the Total Not to Exceed Amount of 595,689 to Conduct a Landscape Inventory and to Draft a Conceptual Design for Landscaping [n and Around tbe Regional Water Quality Control Plant RECOMMENDA nON Staff recommends that Council approve and authorize the City Manager or his designee to execute the attached contract with Siegfried Engineering Inc. (Attachment A) for a not to exceed amount of $95,689 to conduct a landscape inventory and to provide conceptual design services for landscaping in and around the Regional Water Quality Control Plant This amount includes $86,990 for basic services and $8,699 for additional services. Project Description The Baylands Master Plan and related Comprehensive Plan Policies reconmlend that the City provide screening for the Regional Water Quality Control Plant buildings and operations. Landscaping around the Regional Water Quality Control Plant perimeter was instaUed in the 1970s and 1980s, but since that time some of the trees have died and the irrigation system has degraded from weather and exposure. This project will provide Autocad-compatible surveys identifying trees and large vegetation that should remain for screening purposes, infonnation on the condition of existing irrigation pipe that will detennine how to best upgrade irrigation systems for new plantings, a conceptual design to enhance and improve screening in and around the plant, and a Draft Initial Study to detennine what, if any, level of mitigation will be required for the landscaping improvements in accordance with the California Environmental Quality Act. Summarv of Solicitation Process A requestfor proposal for the project was posted at City Hall and mailed to 28 contractors. The solicitation period was 42 days. Solicitations were received from eleven qualified contractors on June 15, 2010. Staff reviewed all solicitations and interviewed three consultants on July 22, 2010. Solicitation Name!Number Landscape Inventory and Design Development for the Regional Water Quality Control Plant! RFP#136167 Proposed Proiect Duration One year Number of Proposals Mailed 28 Total Days to Respond to Solicitation 42 Number of Solicitations Received II CMR:353,IO Page lof2 An evaluation committee of two Public Works Department staff reviewed the proposals and conducted the interviews. Siegfried Environmental Inc. displayed exceptional experience with similar projects and identified cost-saving opportunities as part of their proposal which will reduce the cost of service for this project. Therefore, staff is recommending that Council approve the proposed contract with Siegfried Engineering Inc. , RESOURCE IMPACf Funding for the contract is available in,the FY 2010-2011 Wastewater Treatment Fund Operating budget. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies. ENVIRONMENTAL REVIEW No environmental review is required for the work to be conducted under this contract. However. the contract Scope of Work includes preparation of a Draft: Initial Study that will assess the impacts of landscaping improvements that will be proposed. ATTACHMENTS Attachment A: Contract PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: CMR:353:IO JUL"'/wl' ESKEENE Page 2 of2 AlTACHMENT A CITY OF PALO ALTO CONTRACT NO.: C 11136167 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SIEGFRIED ENGINEERING, INC. FOR PROFESSIONAL SERVICES LANDSCAPE INVENTORY AND DESIGN DEVELOPMENT FOR THE REGIONAL WATER QUALITY CONTROL PLANT This' AGREEMENT is entered into on this day of September, 2010, by and between the CITY OF PALO ALTO, a 'California chartered municipal corporation CiCITY"), and SIEGFRIED ENGINEERrnG. INC., a corporation in the State of California, with offices located at 3244 Brookside Road, Suite 100, Stockton, CA 95219 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to embark upon the Regional Water Quality Control Plant (RWQCP) Tree and Irrigation Inventory and Landscape Design Project ("Project") and desires to engage a consultant to conduct a tree and irrigation system inventory, draft a conceptual design for landscaping in and aroW1d the RWQCP, and draft an Initial Study for the environmental impact review process in connection with the Project ("Services''). B. CONSULTANT has repres~nted that it has the necessary professional expertise, qualifications, and capability, and all required licenses andlor certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULT ANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in considemtion ofthe recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the tenus and conditions contained in this Agreement. 'The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The tenn of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached as Exhibit ''B'' unless tenninated earlier pursu~t to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the perfonnance of Services under this Agreement. CONSULT ANT shall complete the Services within the tenn of this Agreement and in accordance with the schedule set forth in Exhibit ''B'', attached to and made apart of this Agreement. Any Services for which times for performance are not specified in this Agreement Profe$Sion~1 Services Rev. Janullry 11 • 2(11 0 CITY OF PALO ALTO CONTRACT NO.: CIl136l67 shall be comm~nced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the tenn or the schedule forperfonnance shall not pr~lude recovery of damages for delay if the extension is required due to the fault of CONSULTANf. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation 10 be paid 10 CONSULTANT for performance afthe Services described in Exhibit "A'I, including both payment for professional services and reimbursable expenses, shall not ~xceed eighty-six thousand nine hundred ninety dollars ($86,990.00). In the event Additional Services are authorized, the lotal compensation for services and reimbursable expenses shall not exceed ninety-five thousand six hundred eighty-nine dollars ($95,689.00). The applicable rates and scheduleofpa~ent are set out in Exhibit "C-I", entitled "HOURLY RATE SCHEDULE," which is attached to and made'a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services perfonned without the prior written 'authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for· the proper completion of the Project, but which is not .' included within the Scope of Services described in Exhibit "A". SECTION S. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-1 '').If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULT ANT's payment requests shall be subject to'verification by CITY. CONSULTANT shall send all invoices to the City's project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be perfOlmed by CONSULT ANT or under CONSULT ANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, ifpermitted, have and shall maintain during the teon of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perfonn the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or simllar circumstances. SECTION 7. CQMPLIANCE WITH LAWS. CONSULTANT shall keep ilselfinfonned of and in cQmpliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform 2 Profcssio~a! Services Rev. January 11,2010 \'{:C.TERRA~erreo1\l'URCHOOC\SAP Bid. and P'O(IOSal$\R.FP\RFP136167 landscape Inventory and Desigp Development RWQC\Docs related to o:onlfacl\Conlnlct Cl 1 1 36 1 67 SIEGFRIED ENGJN SERINO.doc . ,. r ,. c. CITY OF PALO ALTO CONTRACT NO.' C11136167 Services lUlder this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shaIl correct, at no cost to CITY, aoyaod all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULT ANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to thl,! design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) ofthe CITY's stated construction budget, CONSULT ANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR It is understood and agreed that inperforming the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor andior materials under this Agreement, shall act as and be an independent contractor and not an agent or employee ofthe CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULT ANT arc material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this AgreJrnent nor the performance of any of CONSULTANT's obligations hereunder without the prior written consent ofthe city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assigrunent made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: 1. ESA 2. URS (provide tree survey as listed in T~sk 1 and administration ofthe Draft Initial Study required as part of the EIR process for this project). (Provides expertise on plant selection for habitat enhancement and Bay Friendly plant pallets and will assist with any costing and specifications required for the project deliverables). CONSULTANT shall be responsible for directing the work of any subconsultants and for any ~ compensation due to subconsultants. CITY assrunes no responsibility whatsoever concerning compensation. CONSULTANT shan be fully responsible to CITY for all acts and omissioris of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. 3 Professional Services Rev. January 11.2010 IICC-TERRA\janeol\PURCHDOC\SAP Bids and Pr\"lpO$llIs\RFP\RFP136161 umdscape.lnventory and Design Dcvdopmenl RWQCIDocs reilled 10 conrract\Conl!"al:l Cll1J6167 SlEGFRJED ENGlNEilRING.doc L CITY OF PALO ALTO CONTRACT NO.: C11136167 SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Paul Schneider as the principat·in·charge to have supervisory responsibility for the performance, progress, and execution ~fthe SCIVices and Robert Norbutas as the project manager 0 repreSent CONSULTANT during the day-ta-day work on the Project. If circlUllstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement persOlUlci will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perfonn the Services in an acceptable manner, are Wlcooperative, or present a threat to the adequate or timely completion ofthe Project or a threat to the safety of persons or property. The City'S project manager is Julie Weiss, Public Works Department, Environmental Compliance Division, at 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone: 650-329-2117. The project manager will be CONSULTANT's point of contact with respect to perfonnance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including -without liinifation, all writings, drawings, plans. reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CI1Y without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which anse from creation ofthe work pursuant to this Agreement shall be vested in CITY. and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CTIY. Neither CONSULT ANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECl'ION 15. AUDITS. CONSULTANT will pennit CITY to audit, at any reasonable time during the tenn ofthis Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULTANT further agrees to main.tain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. (3J(Option A appUes to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indenmifY, defend and-hold hannless CITY, its Council members, officers. employees and agents (each an "Indemnified Party") from and against any and all demands. claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") that arise out of, pertain to. or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indenmified Party. , Professional Services Rev. January I I, 2010 \\CC-T£RRA\jarnof\PURCHOOC\SAP Bids and I'roposals\RFP\RFP136\67 landscape Inventory and Design Development RWQC\Docs related 10 cona-actlContrsct Cll136167 SIEGfIUED ENGINEERlNG.doo CITY OF PALO ALTO CONTRACT NO.: Cll136167 DIOption B applies to any consultant who does Dot qualify as a design professional as defmed in Civil Code Section 2782.8.] 16.1. To the fullest extent pennitted by law, CONSULTANT sha1l protect, indemnifY. defend and hold harmless CiTY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive _!:he_expi~~~ion or early termination ofthis Agreement. SECTION 17. W AlYERS. The waiver by either party of any breach or violation of any covenant, tenn, condition or provision of this Agreement, or of the provisions of any ordinance or law, Will not be deemed to be a waiver of any other tenn, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other tenn, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the tenn of this Agreement, the insurance coverage described in Exhibit "0". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required herewtder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:Vn or higher which are licensed or authorized tQ transact insurance business in the State of California. Any and all Contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additioJ:lal insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval ofCITY'sRisk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, CONSULT ANT shall be responsible for ensuring that current certificates evidencing the insurance 5 Professional Services Rev. January 11, 2010 \\cC·TERRA\jaTToolIPURCHDOC\SAP Bids and Proposa1s\RFP\RFP136\67 Landscape In"'ntory and Ocsign Development RWQC\Docs related !oconllact\Contracl CIII)6167 SIEGFRlED ENGINEERING.doc , , CITY OF PALO ALTO CONTRACT NO.: Cll136167 are provided to CITY's Purchasing Manager during the entire teon of this Agreement . 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indenmification provisions of this Agreement. Notwithstanding the policy or policies of.insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or.loss arising after the Agreement is tenninated or the tenn has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The city manager may suspend theperfonnance of the Services, in whale or in part, or tenninate this Agreement, with Of without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will inunediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in theeventofa substantial failure of performance by CITY. - -- 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepare~ by CONSULTANT or its contractors, if any, or given to CONSULT ANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of sus pension or termination; provided, however. if this Agreement is suspended or tenninate~ on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion ofCON$ULTANT's services which are of direct and immediate benefit to CITY as such detennination may be made by the City Manager acting in the reasonable exercise of his/her discretion 19.5: No payment, partial payment, acceptance, or partial acceptance by CITY wilJ operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices h.ereunder 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 , Professional Services R~v. January 11,2010 \\CC-TERRA\jarreoI\PURCHDOC\SAP Bids Illd PrOposa!s\RFP\RFP136167 llIndstape ln~nlO!yand Dc!;ign OevelO$)metll RWQCIOocs related toconlr3cOContract CII 136167 SIEGFRIED ENGINEER.JNG.doc: , , CITY OF PALO ALTO CONTRACT NO.: Cll136167 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting Ihis Agreement, CONSULT ANT covenants that it presently has no inter:est. and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULT ANT further covenants that, in the perfonnance ofthis Agreement, it will not employ sub consultants, contractors or. persons having such an interest. CONSULTANT certifies that no person who has or wiU have any financial interest under this Agreement is an officer or employee of CITY ; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto MWlicipal Code and the Government Code of the State of California. 21.3. If the Project Manager detennines that CONSULTANT is a "Consultant" as that term is-defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Refonn Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because ofthe race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2,30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof. and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the. City's Environmentally Preferred Purchasing policies which are available at the city's Purchasing Department which are incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply wit~ the following zero waste requirements: • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum 000% or greater post·conswner content paper, unless otherwise approved 'by the City's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of30% or greater post~conswner material and 7 Professional Services Rev. January 11,2010 \\CC-TERRAljarrcoJ\PURCHOOC\SAP Bids lUld Pr"i!O'"a\.s\RFP\RFPI36167 landscape Inven\oly and Design Development RWQC\Doc, related to contract\Contract Cll 136167 SEGFRlED ENGINEERING.doc: , , . CITY OF PALO ALTO CONTRACT NO.: Cll136167 printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusablelretumable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Cqnsultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter ofthe City of Palo Alto and the Palo Alto Municipal Code. This Agreement will tenninate 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 pomon of the fiscal year and fundS for this Agreement are no longer available. This Section 24.8 shall take precedence in the event ofa conflict with any other covenant, term, condition, or provision of this Agreement. 24.2. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respectiv,? legal entities. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusivelY in the state courts of California in the COlUlty of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amolillt equal to the fair market value of legal services provided by attorneys employed by it as well as any -attorneys' fees paid to third parties. 25.4. This docmnent represents the entire and integrated agreement 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. 25.5. The covenants, tenos, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants ofthe parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this , Professional Services Rev. Jaml3rY 11,2010 \'CC-TERRA\jarrcoI\PURCHDOC\SAP Bids and PrOPOSQ!s\RFP\RFPI36167 landscape lnvcntoryand Design I)e""lopmenl RWQC\Docs related 10 contrac\\Conlnlct Cl1136167 SIBGFR1ED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: C l l 136167 Agreement Of any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. AU exhibits referred to in tmg Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will he deeme4Jo be a part of this Agreement. 24.10 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal infonnation as defined in California Civil Code section 1798.81.5( d) about a California resident ("Personal Infonnation"), CONSULT ANT shalt maintain reasonable and appropriate security procedures to protect that Personal Infonnation, and shall infonn City immediately upon learning that there has been a breach in the security ofthe system or in the security of the Personal Information. CONSULTANT shall not use Personal Infonnation for direct marketing purposes without City's express written consent. 24.11 All unchecked boxes do not apply to this agreement. 9 Professional Services Rev. January 11,2010 \\CC-TERRAI,jarreoJ\PURCHDOC\SAP Bids and Prq>OSals\RFP\RFPI36161 landsc;ope Inventory and Design Development RWQCIDocs .-elated 10 contract\ConlTati Cll136161 SIEGFRIED ENGINEERlNG.doc , , , CITY OF PALO ALTO CONTRACT NO.: Cll136167 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO CONSULTANT: SIEGFRIED ENGINEERING, INC. l City Manager (Required for contracts over $85,000) _Purchasing Manager (Required for contracts over $25,000) _Contracts Administrator (Required for contracts under $25,000) APPROVED AS TO FORM: Attachments: EXHffiIT "A": SCOPE OF WORK By: Title: U, P. EXHIBIT "R": EXHIBIT "C": SCHEDULE OF PERFORMANCE COMPENSATION EXHIBIT "C-l ": EXHIBIT "D": SCHEDULE OF RATES INSURANCE REQUIREMENTS 10 Professional Services Rev. January 11 , 2010 \\CC-TBRRA\jarreo1\PURCHOOClSAP Bids and Proposals\RFP\R.FPI36167 l3ndscape Inventory and Orsign Development RWQODocs relaled to contractIContrJct C11136167 SIEGFRIED ENGINEERlNG.do<; , , , CITY OF PALO ALTO CONTRACT NO.: CII 136167 EXHIDIT "A" SCOPE OF SERVICES Consultant.services to provide preliminary investigation, conceptual design and environmental analysis for the renovation oflandscaping at the 28 acre Palo Alto Regional Water Quality Cootrol Plant (RWQCP), located at 2501 Embarcadero Way, Palo Alto. Existing landscaping includes mature tree and shrub screening around the periphery of facility buildings (see map at Attachment B-1), mostly Australian tree species within the Plant, and some vegetation lining the corridor to Renzel Marsh. This landscaping shall be incorporated into the new landscaping plan to the fullest extent possible. Final plans and specifications should accommodate the fact that the final design mny be installed in phases. The consultant shall help plan and attend meetings as needed with RWQCP staff and other internal City stakeholders, attend up to four Advisory Committee meetings (comprised of public members and R WQCP staff and other internal stakeholders), and if necessary, meetings for boards and cbmmissions that shall be detennined during the initial Advisory Committee meeting. RWQCP staff shall coordinate with the CONSULTANT, draft agendas, organize and facilitate internal stakeholder and Advisory Committee meetings and distribute minutes. SCOPE OF SERVICES I, BASIC SERVICES Task I-Site Investigation 1. Consultant shall: a) meet with RWQCP and other internal stakeholders (parks, Planning, etc.) to review scope of service, project goals, budget, Advisory Committee member list and to develop a preliminary time line to include any necessary meetings with commissions, review boards, City Council, etc. Update project schedule throughout project as necessary. b) investigate and verify existing site conditions by reviewing sUlVey data and as-built documents, existing landscaping and RWQCP site plans c) coordinate with both City staff and utility companies to identify and address potential issues regarding site utilities d) obtain and review the following from the links provided: i) zoning and Comprehensive Plan policies and goals http://www.cityofpaloalto.org/knowzoneinewsJdetails.asp?NewsID=725&TargeiID-130 http://www.cityoibaloaito.org/knowzone/city projects/land use/comprehensive pian.asp 1 Proression~l Smices Rev. January 11,2010 \\CC-TERRAljarreoI\PURCHDOC\SAP Bids and Proposa!s\RFP\RFP136167 Landscape Inventory and Design Developm.nt RWQCIDoc$ related toconlracl\Conlracl ell 136167 SECiFRIED ENGINEERING.doc , " ! ! c CITY OF PALO ALTO CONTRACT NO.: Cl1l36167 ii) the Baylands Master Plan http://www .ci tyofpaloalto.org/ ci vicalfilebanklb lobdload.aso ?BlobID= 14882 iii) RWQCP recycled water goals http://www.cjtyofualoalto.org!depts/utVnewsidetails. asp ?NewsID=729&T argetID= 1 0 IV) State and local water efficiency ordinance requirements http://www.water.ca.gov/wateruseefficiencyllandscapeordinance/technical.cfm v) Tree Teclmical Manual (Sections 6.25-6.35, Tree Survey and Protection Report), Site and Design (D) Review process (Chapter IS .30(G) http://www.citvofpaloalto.Drg/civicaifilebanklbJobdload .asp ?BlobID= 1 07 5 2 vi) Bay Friendly Certification requi~ements http;/Iwww,stopwaste.orgldocs/bay-friendly landscape guidelines - all chapters. pdf e) perfonn a general analysis to identifY any significant issues regarding applicable codes and environmental clearance requirements ' f) Evaluate soil conditions as necessary to infonn appropriate conceptual design plans g) provide an Autocad-generated site plan to be referred to as RWQCP Existing Landscaping Site Plan for the external Plant boundary. The plan shall: i) inventory and draw the location of existing trees and shrubs on the north and east sides of the Plant, portions of the west side of the Plant that are not slated for inclusion in the potential future Recycling Center which has already be surveyed, and designated areas within the Plant as shown on the attachment B-1. Buildings are not required to be surveyed. The inventory shall fully incorporate two existing tree surveys from Public Works for the southern Plant area and western section of the Plant that is under consideration to become a recycling center. The inventory shall be compatible with Autocad 2010 and shall comply with the City of Palo Alto Tree Technical Manual Standards and Specifications (Sections 6.25-6.35, Tree Survey and Protection Report). The inventory shall be provided in both pdf and Autocad 2010 formats and shall identify the hea1th of each noting any that are dead, diseased or in need of removal. ii) identify and map existing irrigation pipe that is working and that which is in need of replacement to determine if pipes and an existing water source are available. This information shall be used to upgrade and redesign the irrigation system which must eventually be compatible with the Parks Department Central Control Et driven Maxicom System. RWQCP will provide copies ofthe historical Professional Seriices Rev. January II, 2010 2 \>£:C-TERRA\jureo!\PURCHDOC\SAI' Bids and Pt~als\RFP\RJ'P\36167 Llndscape Inventory ar:d Oe$ign Development RWQC\Docs related to contract\ContrllC! CII \36167 SIEGFRlED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: CI 1136167 irrigation plans. New irrigation drawings shall be provided in Autocad 201 0 and pdf formats. h) work with project manager to plan and hold first Advisory Committee kickoff meeting and gather input to develop conceptual design alternatives for RWQCP landscaping tasks outlined in this scope and on Attachment B~2. Meeting shall also serve to educate Advisory Committee on existing site conditions using the RWQCP Existing Landscaping Site Plan that CONSULTANT shall develop. Consultant shall attend meetings, pi-epare meeting minutes and, incorporate input from meetings into subsequent plan iterations and provide presentations as needed. Dcliverables: L Two (2) full-sized sets of RWQCP Existing Landscaping Site Plan 2. Two (2) half-size sets of RWQCP Existing Landscaping Site Plan 3. 'Plans in pdf and Autocad formats 4. Meeting minutes Task 2 Project Design 1. Conceptual Design a) Consultant shall prepare conceptual design documents based on Advisory Committee feedback including a minimum of two alternatives to include probable irrigation and construction costs for each. Drawings shall include plans showing site layout, rough grading, drainage, existing landscaping, site utilities and irrigation components for: i) the enhancement of existing vegetation screening around the R WQCP facility to minimize visibility and noise (as feasible) of the RWQCP from Baylands Park. Screening must also obscure visibility of the flare that shall be constmcted in 2010 on the southern portion of the RWQCP. Consultant shall confer with projec~ manager for this effort to incorporate screening that is already planned for this project ii) the redesign of the southern portion of the perimeter plant landscaping to become a habitat corridor leading to Renzel Marsh which shan support native wildlife. The consultant shall assume that existing trees shall not be removed from this area unless they are diseased, damaged or pose a significant barrier to the successful installation of trees and other vegetation in the area. iii) landscaping for the future Recycling Center which may be approved for construction in 2011 (see Attachment B-3) iv) conceptual landscape alternatives to the existing moat in front ofRWQCP operations building. Concepts shall include demonstration rainwater collection devices, semi-permeable hardscape and potentially a small pondless water feature 3 ProfessiOOllI Services Rev. January 1 I, 2010 \\CC-TERRA\jarreol\PURCHDOCISAP Bids and Proposals\Rf'P\RFPI36167 I.3ndscape Inventory and Oesi8" OeveJopmon\ RWQC\I)oes related IOconlracOC'ontract Cl1136161 SlEGFRII30 ENGINEERlNG.doc CITY OF PALO ALTO CONTRACT NO.: CII136167 and other enhancements that illustrate sustainable landscape design and practices v) landscaping around the recycled water tank featuring recycled water use, interpretive signs, and possible pondless water feature vi) landscaping within the RWQCP as indicated in Attachment B·2 which will enhance site aesthetics vii) Landscape improvements shall: 1. Comply with the Baylallds Master Plan and City of Palo Alto Comprehensive Plan goals and policies 2. Include an irrigation design that can be converted to the City's Central Control Et driven Maxicom System 3. Meet requirements for Bay Friendly Certification (www,stopwaste,org) and strive to exceed those requirements for sustainable design arid practices via: • soil preparation • water-conserving irrigation, the use of recycled water and minimal R()t~ble water use • solar-powered water features and lighting • locally sourced landscape and hardscape materials • plant selection • semi-permeable hardscaping, rain barrels and cisterns • habitat for native bird and animal species • Zero Waste by reducing, reusing and recycling materials b) Internal Review: Meet with internal stakeholders (department staff) to present the two conceptual designs, vet for any significant issues and obtain consensus before meeting with Advisory Committee. CONSULTANT shall revise conceptual designs as needed prior to Advisory Committee. Conceptual designs should be provided electronically and web-ready. Work Products and DeHverables 1. Two (2) full-size sets of each Conceptual Design drawings 2. Ten (10) half-size sets of each Conceptual Design drawings 3. Conceptual Design phase statement of probable construction costs 4. Elec~onic versions of the above (PDF, Autocad) 5. Meeting minutes 2. Second Advisory Committee Conceptual Design Review Consultant shall confer with RWQCP staff and a) Help plan and attend second Advisory Committee meeting to present the two conceptual designs from Task 1 b WiUl the goal of identifying a preferred alternative. 4 ProfcssiOl1al Savices Rev. January 11. 21)10 \\cC-TERRA\janeoIIPURCHDOCISAJ' Bids lIIld PropOl5als\RFP\RFPI36167 Landscape InveJ1tOf)' and Design Development RWQCIDoc$ Il'laled to contraC!\Contracl CII136167 SIEGFRlEiO ENGTNEERfNG.doc CITY OF PALO ALTO CONTRACT NO.' CII 136167 b) Revise the preferred alternative identified in the second stakeholder meeting. This version of the conceptual plan shall include: I. A suggested plant palette of trees, shrubs and other species tolerant ofrccycled water and/or Baylands soil that are appropriate for possible use in this project. Include graphic representations of different size and type planis at maturity for public review. . 11. An indication of ~my maintenance considerations, including long tenn monitoring and mitigation of plant material tolerance to soil and irrigation salinity. 1lI. A probable construction cost estimate. 3. Third Advisory Committee Meeting Consultant shall: a) __ ~ttend and help plan third Advisory Conunittee meeting to present the revised conceptual design. b) If previously detennined by the Advisory Committee, consultant shall help prepare study 1'jessions for the City's Park and Recreation Commission, Planning and Tran..sportation Commission, Architectural Review Board andlor City Council. Work Products and Deliverables: I.Two (2) full-size sets of the, preferred conceptual design drawing 2.Ten (to) half-size sets ofthe preferred conceptual design drawing 3.Conceptual design phase statement of probable construction costs 4.Electronic versions of the above (PDF, Autocad) 5.Meeting minutes 4. Finalized Conceptual Design and Advisory Committee Review Consultant shall: a) Incorporate feedback, as needed, from commissions, the Architectural Rev~ew Board and the third Advisory Committee meeting as needed. b) Ifnecessary, work with project manager to plan and hold the fourth and fmal Advisory Committee meeting (or alternative review process) for review and approval of the Finalized Conceptual Design. Work Products and DeIiverables: I.Two (2) full-size sets of the preferred conceptual design drawing 2. Ten (10) half-size sets of the preferred conceptual design drawing 3.Conceptual design phase statement ofprobabJe construction costs 4.Electronic versions of the above (PDF, Autocad) l Profes!ional Services Rev. January 11. 2010 \\cc-TERRA\jarre<lI\PURCHDOC\SAP Bids and Proposals\RFI"\RFPl36161 Landscape lnvellt()fy alld Ocsign Development RWQC'IDocs related til contrBCI\COlltrllCt Cl l136L67 SIEGFRlED ENG1NEERJNG.doc CITY OF PALO ALTO CONTRACT NO.: CI 1 136167 5.Meeting minutes c) Upon completion of the Accepted Conceptual Design complete an Administrative Draft Initial study in preparation for the Design Phase and Construction. ll. FINAL DESIGN AND CONSTRUCTION SERVICES The City reserves tlle right to solicit other consultants for Final Design, or enter into agreement with Siegfried to issue a contract addendum for Final Design, construction bidding assistance and services during construction. END OF SCOPE 6 Profl:Sllional Servic~s Rev. January 11,2010 \\cC-TERRAljancofIPURCHDOC'lSAP Bids and Pl"OpO:'Ia!s\RFP\RfP136167 landSCIIJK Inventory and O<:sign Developrnetll RWQC\Docs rel'led IOCOIltract\Contracl CIl136167 SIEGFRIED ENGINEERING.doc r ~- • , CITY OF PALO ALTO CONTRACT NO.: Cll136167 EXHIDIT "B" SCHEDULE OF PERFORMANCE CONSULTANT shall perfonn the Services so as to complete each milestone within the number of days specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the tenn of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt afthe notice to proceed. Milestones Completion No. of Days FromNTP 1. Provide AutoCAD Site Plan (tree/irrigation survey): 30 2. Advisory Kick-off Meeting: 50 3. Ititernal Meeting: 100 4. Second Ad,visory Committee Meeting: 120 5. Third Advisory Committee Meeting and: 175 6. Completion of Board, Commission, and Planning Department review and Draft Initial Study:, 355 7. Final Advisory Committee Meeting: 380 1 Professional Services Rev. January l-l, 2010 \\CC·TERRAljaneol\PlJRCHDOC\SAP Bids and P";'I'osals\RFP\RFPI36167 undscape Inventory and Design DeyeJopmenl RWQC\Docs related .­ to contract'Conlm:l ell] 36167 SIEOFRlEiD ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cll 136167 EXHIBIT "e" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services perfonned in accordance with the tenus and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-I up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed $86,990.00. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amoWlt. In the event CITY authorizes any Additional Services, the maximum compensation sha1l not exceed $95,689.00. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set fo~h herein shall be at no cost to the CITY. CONSULTANT shall perfoml the tasks and categories of work as outlined and budgeted below. The CITY's project manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services. including reimbursable expenses, does not exceed $86,990.00 and the total compensation for Additional Services does not exceed $8,699.00. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 $32,458 (Site Investigation) Task 2 $53,412 (project Design) Sub~totaI Basic Services $85,870 Reimbursable Expenses $1,120 Total Basic Services and Reimbursable expenses $86,990 Additional Services (Not to Exceed) $8,699 Mmomum Total Compensation $95,689 , Profcssional Sexvi~ Rev. January 11,2010 \\CC-TERRA'ljarreoN>URCHDOC\SAP Bids and Pl"DpOSa1s\RFP\RFPI36161 Landscape Inventory.nd Design Development RWQC\Docs related tocontract\Contract. C11 136167 SlEGFRIED ENGTNEERlNG.doc: CITY OF PALO ALTO CONTRACT NO.: CII136167 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are nol reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULT ANT shall be reimbursed are: A. Expenses for reproduction, special handling of drawings, specifications or documents which are specifically needed to meet requirement of the Agreement. Expenses of data processing and photographic production which are specifically needed to meet requirement of the Agreement. B. Expenses for transportation in connection with the perfonnance of Basic and/or Additional Services. All requests for payment of expenses shall be accompanied by appropriate backup inforniation. Any e~.£ense anticipated to be mO.re than $200.00 shall be approved in advance by the CITY's project manager. ADDITIONAL SERVICES The CONSULT ANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY's project mlUluger's request, shull submit a detailed written proposal including a description of the .scope of services, schedule, level of effort, and CONSULTANT's proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-l. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's project manager and CONSULTANT prior to commencement oftbe services. Payment for additional services is subject to all requirements and restrictions in this Agreement Work required because the following conditions are not satisfied or are exceeded shall be considered as additiorial services: . L 2. 3. 4. 5. Making revisions required by reason or causes beyond the control of the Consultant. Providing services due to unforeseen issues or performance of either City cir City's construction contractor for work designed under this scope of service and based on information provided by the City's construction contractor. Providing other special studies not covered under Basic Services. Providing drawings, specifications and/or other supporting data in connection with contract change orders when such contract change ·orders are not necessitated by design errors or omissions by the Consultant. Providing any other additional services not otherwise included, or not customarily fwnished in accordance with the Consultant's generally accepted professional practice, when so requested by the City and mutually agreed upon, in writing. 2 Professional Services Rev. January I J. 2(}]O I\cc-TERRA\jam:ol\PURCHDOC\SAP Bids and J>roposalsIR.FPIR.FP136167 landmop~ inventory and Desigo Devl:lopmenl RWQC\Doc:, related IOcontracl\Contracl CI I !36167 SIEGFRJED·ENGTh,'EERJNG.doe , , t. CITY OF PALO ALTO CONTRACT NO.: CII136167 6. Additional meetings for Advisory Committee, staff, commissions, architectural review, or City Council meetings. 7. Additional fun or half-size plan sets. , Professional Services Rev. January 11,2(110 \\CC-TERRAljarreol\PURCHDOC\SAP Bids Ind Proposals\RFP\RFPI36167 Landscape Inven!Ol'yand Design Development RWQODocs related !O CQIltract\Contracl Cl1136167 SIEGFRIED ENGINEERlNG.doc , , CITY OF PALO ALTO CONTRACT NO.: CII136167 EXHmIT "C-l" HOURLY RATE SCHEDULE POSITION HOURLY RATE Principal Senior Associate Associate Landscape Architect Senior Engineer/Surveyor Senior Technician Engineer/Surveyor IT Landscape Tech. Engineer/Surveyor I Engineering/Surveyor ill _ ~ngineeringlSurveyor II Engineering/Surveyor I Expert Witness Clerical Survey Instnunentman' Survey ChairmanlRodman I $190 $175 $160 $138 $138 $110 SI25 SlIO SlIO S95 S84 S70 $300 $62 $120 $100 Profes~ional Services ~v. January 11,2010 \\cC-TERRAljaITWI\l'URCHDOCISAP Bids and Proposals\RFP\RFP136167 \.andsoa?C Inventory and Design Development RWQC\J)ocs related to conlrael\ConlraCl Cll\36167 SISGFRiED ENGINEERING.doc , , CITY OF PALO ALTO CONTRACT NO.: CI 1136167 EXHIBIT nD" INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR TIlE lEIU .. 1 OFTIlE CONfRACT OaT AIN AND MAINTAIN INSURANCE IN ruE AMOUNTS FOR THE COVERAGE SpeCIFIED BELOW, AFFORDED BY COMPANlESWITH AM BEST'S KEY RATING OF A·:VU, OR OICHER, U CENSED OR AUTHORIZED TOTRANSACf INSURANCE BUSINESS IN THE STATE OFCALIFORNlA. AWARD IS CONrINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS AS SPECIFIED BElOW; MINlMUM LIMITS REQUIRED TYPE OF COVE RAGS REQUlREMENT "'C' '" '" y" y" 'EO y", OCCURRENCE AGGREGATe WORKER'S COMPENSATION STATUTORY EMPLOYER'S UABILlTY STATUTORY BODILY INJURY $1,000,000 $1,000,000 GENERAL UABIUTY, INCLUDING PERSONAL INJURY, BROAD FOR-\.! PROPERTY DAMAGE 51,000,000 51,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODlLY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 UABIUTY COMBINED. BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE -$1,000,000 $1,000,000 AlITOMOBlLE UABILITY, INCLUDING ALLOWNED, HIRED, NON-QWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE COMBINED PROFESSIONAL UABlLITY, INCLUDING, ERRORS AND OMISSIONS, MALPRAGnCE (WHEN APPUCABLE), AND NEGUGENT PERFORMANCE AIL nAMAGES Sl oooOOO THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDmONAL INSURED: COr-rfRACfOR, AT ITS SOLE COST AND EXPENSE, SHAlL OBT AJN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOIJT THE ENTIRE TERM OF ANY RESULT ANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACfOR AND ITS SUBCONSULT ANTS, IF ANY, 8lIT ALSO, WITH THEBXCEPTION OPWORKERS' COIlofPENSATlON, E~PLOYER'S LlABlLITY ANDPROFESSIONALINSURANCE, NAMING AS ADDmONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. 1. INSURANCE COVERAGE MUST INCLUDE: A A PROVISION FOR A WRlITEN TIlIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE cnY'S PRIOR APPROVAL. II. CONTACTOR MUST SUBMITCERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. m . ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" A. PRlMARY COYERAGE WlllI RESPECT TO CLAIMS AR1SING OUT OF THE OPERATIONS OF 1HE NAMED INSURED, fNSURANCE AS AFFORDED BY THIS POLIty IS PRlMARY AND IS NOT ADDITIONAL TO OR CONI1U8UTING WlTIi ANY OTIlER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. 8. CROSS LIABILITY , PfOfessional Services R~v.J!l.ouary 11,2010 \\CC-TERRAljarreol\PURCHOOC\SAP Bids and Proposals\RPP\RFPI36161 Landscape Invcntory and ~jgn Devclopment RWQC\D~ related to contract\Con1T1lct CIII)6167 SIEGFRIED ENGlNEERJNG.d"" CITY OF PALO ALTO CONTRACT NO.: CllJ36167 TIlE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER nIE POLICY SHALL NOT, FOR rnAT REASON ALONE, EXTINGUISH ANY RIGHTS OF TIlE INSURED AGAINST ANOTIIER, BUT THIS ENDORSEMENT, AND TIlE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE TIlE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. c. NOTICE OF CANCELLATION I. IFTIlE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THANTHENON-PAYMBl\'TOF PREMIUM, mE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TIlIRTY (30) DAY WRITIEN NOTICE BEFORE TIlE EFFEcnVE DATB OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPlRATlONDATE FOR THE NON-PAYMENT OFPREMlUM. THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TBN(IO)DAY WRITIBN NOTICE BEFORE TIlE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINlSTRA nON -CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 , " ProfessiQnal Servict:s Rev. January 11, 2010 IICC.TERRAljarreoJ'IPURCHDoc\sAP Bids and Proposals'IRFP\RFPI36167 undscape Inv<:nlory and Oo$ign DeveLopment RWQC\DocI ~I.oted 10 contract\Conlr3Ct C1J1J6167 SIEGFRIED ENGlNEEIUNG.dor.: ~ Insurance San Jose CA Office 225 w. Santa c l ara Suite 11S0 CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/OD/YYYV) 09/02/2010 services west, Inc. st, san Jose CA 95113 "'-"" II'ISVlU!:D western Truck Fabrication, 1923 west winton Ave. Hayward CA 94545 USA Inc. ~ ~ lNsRii n'PI'OFlr-;SURANCI: I'OUCYNUMBER e • , I"" COMlolE:RClAl.. GEI>'ER.AL UAaJl .. TTY o,AfMS MADE [!] OCCUR Getl AOOR.EGATf; UMIT APPUES f'EJt [2J POUCV D ;-:~ D LOC lid: ANV AIJTO AU. OWNEO AUTOS SCHEOULED AUTOS H!RED AUTOS NON OWNED AUTOS ... NY AUTO ,,, "0 OTIlt .. (fi City of palo Alto ~s purchaSin! & contract Administration P.O. BOX 0250 palo Al to CA 94303 USA ~~,' ISSUED AS A MATTER OFINFORl'olATION ONLY RIGHTS UPON THE CERTIFICATE HOLDER. THlS NOT AMEND, EXTEND OR ALTER THE POLICIES BEI,OW. AFFORDL.'lG COVERAGE NAle# IS co '"" Co. 2~ .!i 30104 e " ii • ; of tho poHey ::: 06/09/2009 06/09/2010 , AReAS AUTO ONLY _ EA ACCIDENT OTHUTIIAN "'urOONlY, , ,,~, ,~ are included as additional insured with The insurance afforded b~ i~~s ~oliCY but only with to c aims, SHOULD ANY Of DIE "OOVE DESCIIJDEO POUcu:.s BE C.-.NCEUED 8£FOR£ THE UPIRA TION DAn: THEREOF. THE lSSIJJ}lO INSUJI.U. WILL WD~AVOR. TO MAIL )0 DAYS WRITfEN HonCE TOTHE C£RTD'fCATE HOLDER. NA\It.O TO DIE LEFT. BUT FAILURE TO 00 so SHI<U IMPOSE 1"0 08LIC"nON DR. UABILITY OF ANY KINO UPON THE lliSUIlCR.. ITS AGENTS DR. REPIlESENT ATIVES. AUTHORlUllR£PR.fSOlTAT1VE ~ ~ The ACORD name and logo are regliitered mario! Attachment to ACORD Certificate for western Truck fabrication, Inc:. The terms, conditions and provisions noted below arc hereby attached to the captioned certificate as additional description of the covernge afforded by the insurer(s). This atlacrunent does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURtD western Truc:k Fabrication, Inc. 1921 west Winton Ave . Hayward CA 94545 USA INSURER INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does notmclude hmlt mformatlon, refer to the correspondmg pohcy on the ACORD certificate form for policy limits ADD'I. POUCY NlIMIItR rouc}' ~uo II'ISR ,~~ TV.E OF INSURANCE: POLICY Dl'SCRlI'TION [rn:crrvE [Xl'IIIATION LIMITS m DJI'r. ~u - DESCRIPTION OF OPERA,IONSlLOCATIONSlVEHlCLESfEXCLUSIONS ADDED BY ENOOR.S£Io.(ENTISPECIAL PROVISIONS loss or liability arising out of the operations of the named insured and any insurance maintained by the additional insured(s) shall be non-contributory, Certificate No ; 570040028134 Policy Number, 57UUNSV6539 tJave an your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entjfy of which you own a financial interest of more than 50% of the voting stock on the effedive date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not appJy to injury or damage with rasped to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such polk:)' but for its termination or the exhaustion of its limits of insurance. 3. Newty Acquired or Fonned Organization Any organization you newly acquire or form, other than a partnership, Pint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock,. will qualify as a Named Insured if there is no other similar insurance available to tl)~t organizati_on. Ho\WVer: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or -properly damage-that occurred before you acquired or formed the organization; and c. Coverage B does not apply to -personal and advertising injury" aosing 0111 of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With resped to -mobile equipment-registered in your name under any motor vehicle registration law, any person is an Insured while driving such equipment along a public htghway with your permission. Any other person or organization responsible for the conduct of such pernon is also an insured, but only with resped to liability arising out of the operation of the equipment, and only if no other Insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injJry" to a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Page 10 of 18 5. Nonowned Watercraft With resped to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only 'NiI:h respect to liability ariSing out of the operation of the watercraft, and only if no other Insurance of any kind is avaUabie to that person or organization for this liability_ However, no person or organization is an Insured 'lNith respect to: •• "Bodily injury" to a COo"employee" ct the person operating the watercraft; or b. "Property damage" to p'roperty owned by, rented to, In the charge of or occupied by you or the employer of any person who is an insured under this proviSion .. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, witten agreement or because of a pennit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contrad or agreement. A person or organization is an additional Insured under this provision only for that period of time required by the contrad or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as all insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person{s) or organization(s) (referred to below as vendor), but only with resped 10 "bodily injury" or ·property damage-arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for -bodlty injJry-or "property damage" included within the "products­ completed operations hazard-. (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury-or "property damage" for 'Nhich the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; HG 00 01 0605 .. N ., .. o iIilII .. -----------... -..... -... -.... --... .­~ --------.... -.... -.. ----- Policy Number: 57UUNSV6539 Ib) Any express warranty unauthorized by you; Ie) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except v.t1en unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container, Ie) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normaly undertakes to make in the usual oourse of business, in connection Vwflh the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except: such operations perfonned at the vendor's premises In connection Yl'ith the sale of the product; (O) Products which. after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor,-or Ih) "Bodily in)Jry" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of Its employees or anyone else acting on its behalf. However, this exdusion does not apply to: (i) The exceptions contained in Sub­ paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or nonnally undertakes to make in the usual cou~e of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors of Equipment Ii) Any person or organization from whom you lease equipment; but only with resped to their liability for "bodily injury-, "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to th~ insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. HG 00 01 06 os c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with resped to liabiHty arislng out of the ownership, maintenance or use of that part. of the land or premises leased to you. 'WIth respect to the insurance afforded these additional insureds the follOlNing additional exclusions apply: Tllis insurance does not apply to: 1. Any "occurrence" which takes place after you cease to i~ase that land; or 2. Structural alterations, new construction or demolition operations performed by or on behatf of such person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", ·property damage" or "personal and advertising injury" qaused, in whole or in part, by your ads or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the perfonnance of your ongoing operations perfonned by you oron your behalf. With respect to the insurance afforded these additional insureds, the foJlOlNing additional exclusion applies: This Insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specmcations; or 2, Supervisory, inspection, architectural or engineering activities • e, Pennits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a pennit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the ·products..compteted operations hazard". Page 11 of 18 Policy Number; 57UUNSV6539 f. Any Other Party Any other person or organization ~o is not an insured under Paragraphs a. through e. above, but only M:h respect to liability for "bodily InjJry", ~property damage" or "personal and advertising injury" caused, in whole or in· part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the pel'fonnance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your wort-and included within the ·products-completed operations hazam", but only if (a) The written contrad or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injJfy" or -property damage" induded within the -products-completed operations hazam", With respect to the insurance aHomed to these additional insureds, this insurance does not apply to: "B"odNy injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve. maps, shop drawings, opinions, reports, surveys, field omers, change omers or drawings and specifications; or (2) Supervisory, inspection. architectural or engineering activities. The ~mits of insurance that apply to additional insureds under this provision Is described in Sedlon III -Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the other Insurance Condition in Sed:ion rv -Commercial General Uability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited lIabUlty company that is not shown as a Named Insured in the Declarations. SECTION 111-UMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fIX the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or Page 12 of 18 c. Persons or organizations making daims or bringing ·suits" . 2. General Aggregate Umtt The ·General Aggregate limit is the most we will pay for the sum of: •. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. 3. Products..compteted Operations Aggregate Umit The Products-cOmpleted Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily Injury" and "property damage" induded in the "products-completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Umit Is the most we will pay under Coverage B for the sum of all damages because of all ~personal and adVertising InjJry" sustained by anyone person or organization. S. Each Occurrence Umit Subject to 2. Dr 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages Under'Coverage Ai and b. Medical expenses under Coverage C because of all nbodily injury" and "property damage" arising out of anyone "occurrence-. 6. Damage To Premises Rented To You Limit Subject to S. above, the Damage TD Premises Rented To You Limit Is the most we will pay under-Coverage A for damages because of ·property damage" to anyone premises, while rented to you, or in the case of damage by fire. lightning or explosion, while rented to you or temporarily oCQJpied by you with pennission of the O'Nfler. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Umit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of ~bodily injury" sustained by any one person, 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be HG 00 0106 OS City of Palo Alto (ID # 1804) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/5/2011 December 05, 2011 Page 1 of 4 (ID # 1804) Summary Title: RWQCP Landscaping Contract Amendment Title: Approval of Amendment No. 1 to Add the Amount of $192,798 to Contract No. C11136167 with Siegfried Engineering Inc. for a Total Contract Not to Exceed Value of $284,740 for Providing Final Design and Construction/Bidding Services for the Regional Water Quality Control Plant Landscaping Project From:City Manager Lead Department: Public Works RECOMMENDATION: Staff recommends that Council: Approve and authorize the City Manager or his designee to execute contract Amendment No. 1 (Attachment A) to Contract No.C11136167 with Siegfried Engineering Inc., in the amount of $192,798 for final design and bidding/construction services for the Regional Water Quality Control Plant landscaping. This amount includes $187,798 for basic services and $5,000 for additional services for a total contract amount not to exceed $284,740.00. BACKGROUND: The Regional Water Quality Control Plant (RWQCP) is a 25-acre facility owned and operated by the City of Palo Alto that treats wastewater from the East Palo Alto Sanitary District, Los Altos, Los Altos Hills, Mountain View, Palo Alto, and Stanford University. Facility expansion and improvement projects over the last 40 years have included conditions that the RWQCP install and maintain landscaping around the periphery of the facility to provide visual screening for visitors to the surrounding Baylands. Mature landscaping screens much of the RWQCP; however, the current condition of the landscaping is inadequate. Some of the planted vegetation is in poor health or has died. Many areas have become overgrown and the irrigation system is no longer functional. Goals for the exterior landscaping project are to: ·Screen the RWQCP from the Baylands; ·Define a path system at the corner of Embarcadero and Harbor Road for safer pedestrian travel; ·Select a plant palette that is beneficial to native wildlife; ·Irrigate with recycled water to decrease potable water use; December 05, 2011 Page 2 of 4 (ID # 1804) ·Use interpretive signage in the project areas illustrating how the RWQCP helps protect the Baylands from pollution; At the start of this project, the southeast edge of the Plant (see Attachment B for project site locations) had been identified as one of the landscaping project areas and a conceptual design for it had been drawn. This site had been previously landscaped to meet a 1986 RWQCP construction requirement and was in need of maintenance and relandscaping. In 2010, this site had been identified as a possible location for a composting facility. The November 2011 passage of Measure E undedicated this area as parkland allowing further analysis of its potential use as a composting facility. Because this site may eventually be approved for construction of a compost facility, a final landscape design will not be prepared as part of this project and the site will not be relandscaped at this time. To do so would risk spending money on a project which may then have to be removed. Although it may be several years before a composting facility is approved or built, it is not recommended that the site be landscaped in the interim because of the estimated design costs and probable construction costs totaling approximately $270,000. If the potential composting facility is not approved for construction, discussion will resume about relandscaping this area and will leverage the conceptual designs developed by Siegfried Engineering Inc. Goals for the interior RWQCP landscaping project are to: ·Create meeting areas and safer wayfinding for the RWQCP tours provided to the public; ·Demonstrate sustainable landscape design and include how recycled water use is an essential and beneficial part of contemporary landscaping ·Become certified as a Bay-Friendly Gardening Landscape and incorporate related topics into the RWQCP tour discussion; and ·Improve the aesthetics and professional look of the RWQCP interior. It should be noted that the area at the entrance to the RWQCP had been under consideration to become the new location for the City’s Recycling Center after its closure at the Landfill site in 2012. At of its July 5, 2011 meeting, the Council Finance Committee, directed staff to formulate a plan to retain the site as a Household Hazardous Waste (HHW) Station, but to remove the Recycling Center elements. Project managers from both the landscaping and the HHW Station projects are working collaboratively to synchronize efforts and are using the same design consultant; the Wastewater Treatment Fund is funding the landscaping design for the potential HHW Station to simplify project management and because the RWQCP entrance would have required new landscaping and signage regardless of the potential HHW Station or other projects that have been discussed to date. The RWQCP conceptual landscape designs (Attachments C, D, E) have been developed with extensive input from public stakeholders interested in Baylands protection, native plants and wildlife conservation; from the business community along Embarcadero Way; December 05, 2011 Page 3 of 4 (ID # 1804) City staff from Parks and Open Space, Planning, and Public Works; and Commissioners from the Architectural Review Board, Parks and Recreation Commission, Art Commission, and the Planning and Transportation Commission. DISCUSSION SEI was hired September 2010 to draft conceptual designs for the RWQCP Landscaping Project. SEI completed conceptual landscape designs for project sites around the periphery and inside the RWQCP at a cost of $86,124. The current contract (C11136167) allows the City to proceed with SEI for final design and construction/bidding services, if the City so chooses, without reissuing a new Request for Proposal. SEI has provided excellent services and staff recommends that the City use SEI to provide final design and construction/bidding services. As stated above under “Background”, the southeastern edge of the RWQCP has been deleted from this project due to the possibility that an Energy/Compost facility may be constructed there. Following a determination on a potential Energy/Compost facility, consideration of landscaping for this area will resume. RESOURCE IMPACT Funds for this project are included in the FY 2012 Wastewater Treatment Enterprise Fund budget Capital Improvement Program Project WQ-80021. The scope of this project will be modified at midyear to include services for landscaping. POLICY IMPLICATIONS Authorization of this project does not represent a change in existing City policies. ENVIRONMENTAL REVIEW The southeast portion of the RWQCP landscaping project fulfills an existing condition from a 1986 mitigated negative declaration for a Plant expansion project. The remaining landscaping project areas around and within the Plant meet the criteria for an existing facilities exemption pursuant to Section 15301 of the California Environmental Quality Act Guidelines. NEXT STEPS Pending Council approval of the SEI contract amendment, the tentative project timeline is as follows: ·Commence final design process (December 2011); ·Tree walkthrough with Advisory Committee members to discuss tree condition and those trees that will be removed from the RWQCP construction site (January, 2012); ·Planning Department and Architectural Review Board (if applicable) review (March 1, 2012); ·Complete review (August, 2012); ·Draft and process construction contract (Summer 2012); December 05, 2011 Page 4 of 4 (ID # 1804) ·Planting and construction (Fall 2012); and ·Completion of construction (Spring 2013). Attachments: ·Amendment 1 to C11136167_Siegfried (PDF) ·Project sites (DOC) ·Conceptual Design for Perimeter RWQCP (DOC) ·Conceptual Design for Interior RWQCP (PDF) ·Conceptual Design Recycled Water Tank (DOC) Prepared By:Julie Weiss, Environmental Specialist Department Head:J. Michael Sartor, Interim Director City Manager Approval: James Keene, City Manager AMENDMENT No.1 TO CONTRACT No.Cll136167 BETWEEN THE CITY OF PALO ALTO AND SEIGFRIED ENGINEERING, INC. This Amendment No.1 to Contract NO.Cll136167 ("Contract") is entered into October 3, 2011, by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and SIEGFRIED ENGINEERING, INC., a California corporation, located at 3244 Brookside Road, Suite 100, Stockton, CA 95219 ("CONTRACTOR"). R E CIT A L S: WHEREAS, parties for the inventory; and the Contract provision of was entered into between the conducting tree and irrigation terms, agree: WHEREAS, the parties wish to amend the Contract; NOW, THEREFORE, in consideration of the conditions, and provisions of this Amendment, covenants, the parties SECTION 1. Section 4 is hereby amended to read as follows: "SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Seventy-nine Thousand Seven Hundred Forty Dollars ($279,740.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Two Hundred Eighty-four Thousand Seven Hundred Forty Dollars ($284,740.00). The applicable rates and schedule of payment are set out in Exhibit "C-I", entitled "HOURLY RATE SCHEDULE," which is attached to and made a part of this Agreement." SECTION 2. The following exhibit (s) to the Contract is/are hereby amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this refer­ ence: a. Exhibit "A" entitled "SCOPE OF SERVICES". b. Exhibit "B" entitled "SCHEDULE OF PERFORMANCE". c. Exhibit "C" entitled "COMPENSATION". 1 110926 sm 010 AMENDMENT No.1 TO CONTRACT No.Cll136167 BETWEEN THE CITY OF PALO ALTO AND SEIGFRIED ENGINEERING, INC. This Amendment No.1 to Contract NO.Cll136167 ("Contract") is entered into October 3, 2011, by and between the CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and SIEGFRIED ENGINEERING, INC., a California corporation, located at 3244 Brookside Road, Suite 100, Stockton, CA 95219 ("CONTRACTOR"). R E CIT A L S: WHEREAS, parties for the inventory; and the Contract provision of was entered into between the conducting tree and irrigation terms, agree: WHEREAS, the parties wish to amend the Contract; NOW, THEREFORE, in consideration of the conditions, and provisions of this Amendment, covenants, the parties SECTION 1. Section 4 is hereby amended to read as follows: "SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Seventy-nine Thousand Seven Hundred Forty Dollars ($279,740.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Two Hundred Eighty-four Thousand Seven Hundred Forty Dollars ($284,740.00). The applicable rates and schedule of payment are set out in Exhibit "C-I", entitled "HOURLY RATE SCHEDULE," which is attached to and made a part of this Agreement." SECTION 2. The following exhibit (s) to the Contract is/are hereby amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this refer­ ence: a. Exhibit "A" entitled "SCOPE OF SERVICES". b. Exhibit "B" entitled "SCHEDULE OF PERFORMANCE". c. Exhibit "C" entitled "COMPENSATION". 1 110926 sm 010 SECTION 3. provisions of the subsequent amendments effect. Except Contract, thereto, as herein modified, all other including any exhibits and shall remain in full force and IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. APPROVED: City Manager Name : ___ ~ CF Sch nil i l- APPROVED AS TO FORM: Senior Asst. City Attorney Title: ____ V~. ____ . Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": 110921 sm 010 SCOPE OF SERVICES PROJECT SCHEDULE COMPENSATION 2 SECTION 3. provisions of the subsequent amendments effect. Except Contract, thereto, as herein modified, all other including any exhibits and shall remain in full force and IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. APPROVED: City Manager Name : ___ ~ CF Sch nil i l- APPROVED AS TO FORM: Senior Asst. City Attorney Title: ____ V~. ____ . Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": 110921 sm 010 SCOPE OF SERVICES PROJECT SCHEDULE COMPENSATION 2 CITY OF PALO ALTO CONTRACT NO.: CII136167 EXHIBIT" A" SCOPE OF SERVICES Consultant.services to provide preliminary investigation, conceptual design and environmental analysis for the renovation of landscaping at the 28 acre Palo Alto Regional Water Quality Control Plant (RWQCP), located at 2501 Embarcadero Way, Palo Alto. Existing landscaping inclndes mature tree and shrub screening around the periphery of facility buildings (see map at Attachment B-1), mostly Australian tree species within the Plant, and some vegetation lining the corridor to Renzel Marsh. This landscaping shall be incorporated into the new landscaping plan to the fullest extent possible. Final plans and specifications should accommodate the fact that the final design may be installed in phases. The consultant shall help plan and attend meetings as needed with RWQCP staff and other internal City stakeholders, attend up to four Advisory Committee meetings (comprised of public members and RWQCP staff and other internal stakeholders), and if necessary, meetings for boards and commissions that shall be determined during the initial Advisory Committee meeting. RWQCP staff shall coordinate with the CONSULTANT, draft agendas, organize and facilitate internal stakeholder and Advisory Committee meetings and distribute minutes. SCOPE OF SERVICES I. BASIC SERVICES PRELIMINARY DESIGN Task 1--8ite Investigation 1. Consultant shall: a) meet with RWQCP and other internal stakeholders (Parks, Planning, etc.) to review scope of service, project goals, budget, Advisory Committee member list and to develop a preliminary time line to include any necessary meetings with commissions, review boards, City Council, etc. Update project schedule throughout project as necessary. b) investigate and verifY existing site conditions by reviewing survey data and as-built documents, existing landscaping and RWQCP site plans c) coordinate with both City staff and utility companies to identifY and address potential issues regarding site utilities d) obtain and review the following from the links provided: i) zoning and Comprehensive Plan policies and goals http://www.cityofualoalto.org/knowzone/news/details.asp?NewsID-725&TargetID-130 http://www.ciiyofualoalto.org/knowzone/city projects/land use/comprehensive plan. asp Professional Services Rev. January 11, 2010 \\CC-TERRA\jarreo!\PURCHDOc\SAP Bids and Proposals\RFP\RFP136167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract Cl1136167 SIEGFRIED ENGINEERlNG.doc CITY OF PALO ALTO CONTRACT NO.: CII136167 EXHIBIT" A" SCOPE OF SERVICES Consultant.services to provide preliminary investigation, conceptual design and environmental analysis for the renovation of landscaping at the 28 acre Palo Alto Regional Water Quality Control Plant (RWQCP), located at 2501 Embarcadero Way, Palo Alto. Existing landscaping inclndes mature tree and shrub screening around the periphery of facility buildings (see map at Attachment B-1), mostly Australian tree species within the Plant, and some vegetation lining the corridor to Renzel Marsh. This landscaping shall be incorporated into the new landscaping plan to the fullest extent possible. Final plans and specifications should accommodate the fact that the final design may be installed in phases. The consultant shall help plan and attend meetings as needed with RWQCP staff and other internal City stakeholders, attend up to four Advisory Committee meetings (comprised of public members and RWQCP staff and other internal stakeholders), and if necessary, meetings for boards and commissions that shall be determined during the initial Advisory Committee meeting. RWQCP staff shall coordinate with the CONSULTANT, draft agendas, organize and facilitate internal stakeholder and Advisory Committee meetings and distribute minutes. SCOPE OF SERVICES I. BASIC SERVICES PRELIMINARY DESIGN Task 1--8ite Investigation 1. Consultant shall: a) meet with RWQCP and other internal stakeholders (Parks, Planning, etc.) to review scope of service, project goals, budget, Advisory Committee member list and to develop a preliminary time line to include any necessary meetings with commissions, review boards, City Council, etc. Update project schedule throughout project as necessary. b) investigate and verifY existing site conditions by reviewing survey data and as-built documents, existing landscaping and RWQCP site plans c) coordinate with both City staff and utility companies to identifY and address potential issues regarding site utilities d) obtain and review the following from the links provided: i) zoning and Comprehensive Plan policies and goals http://www.cityofualoalto.org/knowzone/news/details.asp?NewsID-725&TargetID-130 http://www.ciiyofualoalto.org/knowzone/city projects/land use/comprehensive plan. asp Professional Services Rev. January 11, 2010 \\CC-TERRA\jarreo!\PURCHDOc\SAP Bids and Proposals\RFP\RFP136167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract Cl1136167 SIEGFRIED ENGINEERlNG.doc CITY OF PALO ALTO CONTRACT NO.: Cll136167 ii) the Baylands Master Plan http://www.cityotpaloalto.orgicivicalfi1ebankiblobdload.asp?BlobID=14882 iii) RWQCP recycled water goals http://www.citvotpaloalto.onddepts/utl/news/details.asp?NewsID=729&TargetID=10 iv) State and local water efficiency ordinance requirements http://wwW.water.ca. gov IwateruseefficiencY/landscapeordinance/technical.cfm v) Tree Technical Manual (Sections 6.25-6.35, Tree Survey and Protection RepOlt), Site and Design (D) Review process (Chapter l8.30(G) http://www.cityotpaloalto.orgicivicaifilebankiblobdload.asp?BlobID=10752 vi) Bay Friendly Certification requi~ements http://www.stopwaste.orgldocsibay-friendly landscape guidelines - all chapters. pdf e) perform a general analysis to identify any significant issues regarding applicable codes and environmental clearance requirements :1) Evaluate soil conditions as necessary to infonn appropriate conceptual design plans g) provide an Autocad-generated site plan to be referred to as RWQCP Existing Landscaping Site Plan for the external Plant boundary. The plan shall: i) inventory and draw the location of existing trees and sp..rubs 'On the nort.h and east sides ofthe Plant, portions of the west side of the Plant that are not slated for inclusion in the potential future Recycling Center which has already be surveyed, and designated areas within the Plant as shown on the attachment B-1. Buildings are notrequired to be surveyed. The inventory shall fully incorporate two existing tree surveys from Public Works for the southern Plant area and western section ofthe Plant that is under consideration to become a recycling center. The inventory shall be compatible with Autocad 2010 and shall comply with the City of Palo Alto Tree Technical Manual Standards and Specifications (Sections 6.25-6.35, Tree Survey and Protection Report). The inventory shall be provided in both pdf and Autocad 2010 formats and shall identify the health of each noting any that are dead, diseased or in need of removal. ii) identify and map existing irrigation pipe that is working and that which is in need of replacement to determine if pipes and an existing water source are available. This information shall be used to upgrade and redesign the irrigation system which must eventually be compatible with the Parks Department Central Control Et driven Maxicom System. RWQCP will provide copies of the historical 2 Professional Services Rev. January 11, 2010 \\CC-TERRA\jarreol\PURCHDOC\sAP Bids and Proposals\RFP\RFP136167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract Cll136167 SlEGFRlBD ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cll136167 ii) the Baylands Master Plan http://www.cityotpaloalto.orgicivicalfi1ebankiblobdload.asp?BlobID=14882 iii) RWQCP recycled water goals http://www.citvotpaloalto.onddepts/utl/news/details.asp?NewsID=729&TargetID=10 iv) State and local water efficiency ordinance requirements http://wwW.water.ca. gov IwateruseefficiencY/landscapeordinance/technical.cfm v) Tree Technical Manual (Sections 6.25-6.35, Tree Survey and Protection RepOlt), Site and Design (D) Review process (Chapter l8.30(G) http://www.cityotpaloalto.orgicivicaifilebankiblobdload.asp?BlobID=10752 vi) Bay Friendly Certification requi~ements http://www.stopwaste.orgldocsibay-friendly landscape guidelines - all chapters. pdf e) perform a general analysis to identify any significant issues regarding applicable codes and environmental clearance requirements :1) Evaluate soil conditions as necessary to infonn appropriate conceptual design plans g) provide an Autocad-generated site plan to be referred to as RWQCP Existing Landscaping Site Plan for the external Plant boundary. The plan shall: i) inventory and draw the location of existing trees and sp..rubs 'On the nort.h and east sides ofthe Plant, portions of the west side of the Plant that are not slated for inclusion in the potential future Recycling Center which has already be surveyed, and designated areas within the Plant as shown on the attachment B-1. Buildings are notrequired to be surveyed. The inventory shall fully incorporate two existing tree surveys from Public Works for the southern Plant area and western section ofthe Plant that is under consideration to become a recycling center. The inventory shall be compatible with Autocad 2010 and shall comply with the City of Palo Alto Tree Technical Manual Standards and Specifications (Sections 6.25-6.35, Tree Survey and Protection Report). The inventory shall be provided in both pdf and Autocad 2010 formats and shall identify the health of each noting any that are dead, diseased or in need of removal. ii) identify and map existing irrigation pipe that is working and that which is in need of replacement to determine if pipes and an existing water source are available. This information shall be used to upgrade and redesign the irrigation system which must eventually be compatible with the Parks Department Central Control Et driven Maxicom System. RWQCP will provide copies of the historical 2 Professional Services Rev. January 11, 2010 \\CC-TERRA\jarreol\PURCHDOC\sAP Bids and Proposals\RFP\RFP136167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract Cll136167 SlEGFRlBD ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cll 136167 irrigation plans. New irrigation drawings shaH be provided in Autocad 2010 and pdf fonnats. h) work with project manager to plan and hold first Advisory Committee kickoff meeting and gather input to develop conceptual design alternatives for RWQCP landscaping tasks outlined in this scope and on Attachment B-2. Meeting shall also serve to educate Advisory Committee on existing site conditions using the RWQCP Existing Landscaping Site Plan that CONSULTANT shall develop. Consultant shall attend meetings, prepare meeting minutes and, incorporate input from meetings into subsequent plan iterations and provide presentations as needed. Deliverables: 1. Two (2) full-sized sets of RWQCP EXisting Landscaping Site Plan 2. Two (2) half-size sets of RWQCP Existing Landscaping Site Plan 3. Plans in pdf and Autocad fonnats 4. Meeting minutes Task 2 Project Design 1. Conceptual Design a) Consultant shall prepare conceptual design documents based on Advisory Committee feedback including a minimum of two alternatives to include probable irrigation and construction costs for each. Drawings shall include plans showing site layout, rough grading, drainage, existing landscaping, site utilities and irrigation components for: i) the enhancement of existing vegetation screening around the RWQCP facility to minimize visibility and noise (as feasible) . .Dfthe RWQCP from Baylands Park. Screening must also obscure visibility of the flare that shall be constructed in 2010 on the southern portion of the RWQCP. Consultan.t shall confer with project manager for this effort to incorporate screening that is already planned for this project ii) the redesign of the southern portion of the perimeter plant landscaping to become a habitat corridor leading to Renzel Marsh which shall support native wildlife. The consultant shaH assume that existing trees shall not be removed from this area unless they are diseased, damaged or pose a significant barrier to the successful installation of trees and other vegetation in the area. iii) landscaping for the future Recycling Center which may be approved for construction in 2011 (see Attachment B-3) iv) conceptual landscape alternatives to the existing moat in front ofRWQCP operations bUilding. Concepts shall include demonstration rainwater collection devices, semi-penneable hardscape and potentially a small pondless water feature 3 Professional Services Rev, January II,2010 \\CC-TERRA \jarreo1\PURCHDOC\SAP Bids and Prop05a!s\RFP\RFPI36167 Landscape Inventory and Design Development RWQC\I)ocs related to contract\Contract C11136167 SIBGFRlBD ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cll 136167 irrigation plans. New irrigation drawings shaH be provided in Autocad 2010 and pdf fonnats. h) work with project manager to plan and hold first Advisory Committee kickoff meeting and gather input to develop conceptual design alternatives for RWQCP landscaping tasks outlined in this scope and on Attachment B-2. Meeting shall also serve to educate Advisory Committee on existing site conditions using the RWQCP Existing Landscaping Site Plan that CONSULTANT shall develop. Consultant shall attend meetings, prepare meeting minutes and, incorporate input from meetings into subsequent plan iterations and provide presentations as needed. Deliverables: 1. Two (2) full-sized sets of RWQCP EXisting Landscaping Site Plan 2. Two (2) half-size sets of RWQCP Existing Landscaping Site Plan 3. Plans in pdf and Autocad fonnats 4. Meeting minutes Task 2 Project Design 1. Conceptual Design a) Consultant shall prepare conceptual design documents based on Advisory Committee feedback including a minimum of two alternatives to include probable irrigation and construction costs for each. Drawings shall include plans showing site layout, rough grading, drainage, existing landscaping, site utilities and irrigation components for: i) the enhancement of existing vegetation screening around the RWQCP facility to minimize visibility and noise (as feasible) . .Dfthe RWQCP from Baylands Park. Screening must also obscure visibility of the flare that shall be constructed in 2010 on the southern portion of the RWQCP. Consultan.t shall confer with project manager for this effort to incorporate screening that is already planned for this project ii) the redesign of the southern portion of the perimeter plant landscaping to become a habitat corridor leading to Renzel Marsh which shall support native wildlife. The consultant shaH assume that existing trees shall not be removed from this area unless they are diseased, damaged or pose a significant barrier to the successful installation of trees and other vegetation in the area. iii) landscaping for the future Recycling Center which may be approved for construction in 2011 (see Attachment B-3) iv) conceptual landscape alternatives to the existing moat in front ofRWQCP operations bUilding. Concepts shall include demonstration rainwater collection devices, semi-penneable hardscape and potentially a small pondless water feature 3 Professional Services Rev, January II,2010 \\CC-TERRA \jarreo1\PURCHDOC\SAP Bids and Prop05a!s\RFP\RFPI36167 Landscape Inventory and Design Development RWQC\I)ocs related to contract\Contract C11136167 SIBGFRlBD ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cll136167 and other enhancements that illustrate sustainable landscape design and practices v) landscaping around the recycled water tank featuring recycled water use, interpretive signs, and possible pondless water feature vi) landscaping within the RWQCP as indicated in Attachment B-2 which will enhance site aesthetics vii) Landscape improvements shall: I. Comply with the Baylands Master Plan and City of Palo Alto Comprehensive Plan goals and policies 2. Include an irrigation design that can be converted to the City's Central Control . Et driven Maxicom System 3. Meet requirements for Bay Friendly Certification (www.stopwaste.org) and strive to exceed those requirements for sustainable design and practices via: • soil preparation • water-conserving irrigation, the use ofrecycJed water and minimal potable water use . • solar-powered water features and lighting • locally sourced landscape and hardscape materials • plant selection • semi-permeable hardscaping, rain barrels and cisterns • habitat for native bird and auimal species • Zero Waste by reducing, reusing and recycling materials b) Internal Review: Meet with internal stakeholders (department staff) to present the two conceptual designs, vet for any siguificant issues and' obtain consenstls before meeting with Advisory Conunittee. CONSULTANT shall revise conceptual designs as needed prior to Advisory Conunittee. Conceptual designs should be provided electronically and web-ready. Work Products and Deliverables 1. Two (2) full-size sets of each Conceptual Design drawings 2. Ten (10) half-size sets of each Conceptual Design drawings 3. Conceptual Design phase statement of probable construction costs 4. Electronic versions of the above (PDF, Autocad) 5. Meeting minutes 2. Second Advisory Committee Conceptual Design Review Consultant shall confer with R WQCP staff and a) Help plan and attend second Advisory Conunittee meeting to present the two conceptual designs from Task 1 b with the goal of identif'ying a preferred alternative. 4 Professional Services Rev. January 11, 2010 \\CC·TERRA\jarreol\PURCHDOC\SAP Bids and I'roposa]s\RFP\RFP136167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract C11136167 SIEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cll136167 and other enhancements that illustrate sustainable landscape design and practices v) landscaping around the recycled water tank featuring recycled water use, interpretive signs, and possible pondless water feature vi) landscaping within the RWQCP as indicated in Attachment B-2 which will enhance site aesthetics vii) Landscape improvements shall: I. Comply with the Baylands Master Plan and City of Palo Alto Comprehensive Plan goals and policies 2. Include an irrigation design that can be converted to the City's Central Control . Et driven Maxicom System 3. Meet requirements for Bay Friendly Certification (www.stopwaste.org) and strive to exceed those requirements for sustainable design and practices via: • soil preparation • water-conserving irrigation, the use ofrecycJed water and minimal potable water use . • solar-powered water features and lighting • locally sourced landscape and hardscape materials • plant selection • semi-permeable hardscaping, rain barrels and cisterns • habitat for native bird and auimal species • Zero Waste by reducing, reusing and recycling materials b) Internal Review: Meet with internal stakeholders (department staff) to present the two conceptual designs, vet for any siguificant issues and' obtain consenstls before meeting with Advisory Conunittee. CONSULTANT shall revise conceptual designs as needed prior to Advisory Conunittee. Conceptual designs should be provided electronically and web-ready. Work Products and Deliverables 1. Two (2) full-size sets of each Conceptual Design drawings 2. Ten (10) half-size sets of each Conceptual Design drawings 3. Conceptual Design phase statement of probable construction costs 4. Electronic versions of the above (PDF, Autocad) 5. Meeting minutes 2. Second Advisory Committee Conceptual Design Review Consultant shall confer with R WQCP staff and a) Help plan and attend second Advisory Conunittee meeting to present the two conceptual designs from Task 1 b with the goal of identif'ying a preferred alternative. 4 Professional Services Rev. January 11, 2010 \\CC·TERRA\jarreol\PURCHDOC\SAP Bids and I'roposa]s\RFP\RFP136167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract C11136167 SIEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cll136167 b) Revise the preferred alternative identified in the second stakeholder meeting. This version of the conceptual plan shall include: 1. A suggested plant palette of trees, shrnbs and other species tolerant of recycled water andlor Baylands soil that are appropriate for possible use in this project. Include graphic representations of different size and type plants at maturity for public review. II. An indication of imy maintenance considerations, including long term monitoring and mitigation of plant material tolerance to soil and irrigation salinity. 111. A probable construction cost estimate. 3. Third Advisory Committee Meeting Consultant shall: a) attend and help plan third Advisory Committee meeting to present the revised conceptual design. b) If previously determined by the Advisory Committee, consultant shall help prepare study sessions for the City's Park and Recreation Commission, Plarming and Transportation Commission, Architectural Review Board andlor City Council. Work Products and Deliverables: l.Two (2) full-size sets ofthepreferred conceptual design drawing 2.Ten (to) half-size sets ofthe preferred conceptual design drawing 3.Conceptual design phase statement of probable construction costs 4.Electronic versions of the above (PDF, Autocad) 5.Meeting minutes 4. Finalized Conceptual Design and Advisory Committee Review Consultant shall: . a) Incorporate feedback, as needed, from commissions, the Architectural Review Board and the third Advisory Committee meeting as needed. b) Ifnecessary, work with project manager to plan and hold the fourth and final Advisory Committee meeting (or alternative review process) for review and approval of the Finalized Conceptual Design. Work Products and Deliverables: l.Two (2) full-size sets of the preferred conceptual design drawing 2.Ten (to) half-size sets of the preferred conceptual design drawing 3.Conceptual design phase statement of probable construction costs 4.Electronic versions of the above (PDF, Autocad) 5 Professional Services Rev_ January II. 2010 \\CC-TERRA\jarreo]\PURCHDOC\sAP Bids and Proposa!s\RFP\RFP136167 Landscape Inventory and Design Development RWQC\Docs related to contract\Contract C11136167 SlEGFRTED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: Cll136167 b) Revise the preferred alternative identified in the second stakeholder meeting. This version of the conceptual plan shall include: 1. A suggested plant palette of trees, shrnbs and other species tolerant of recycled water andlor Baylands soil that are appropriate for possible use in this project. Include graphic representations of different size and type plants at maturity for public review. II. An indication of imy maintenance considerations, including long term monitoring and mitigation of plant material tolerance to soil and irrigation salinity. 111. A probable construction cost estimate. 3. Third Advisory Committee Meeting Consultant shall: a) attend and help plan third Advisory Committee meeting to present the revised conceptual design. b) If previously determined by the Advisory Committee, consultant shall help prepare study sessions for the City's Park and Recreation Commission, Plarming and Transportation Commission, Architectural Review Board andlor City Council. Work Products and Deliverables: l.Two (2) full-size sets ofthepreferred conceptual design drawing 2.Ten (to) half-size sets ofthe preferred conceptual design drawing 3.Conceptual design phase statement of probable construction costs 4.Electronic versions of the above (PDF, Autocad) 5.Meeting minutes 4. Finalized Conceptual Design and Advisory Committee Review Consultant shall: . a) Incorporate feedback, as needed, from commissions, the Architectural Review Board and the third Advisory Committee meeting as needed. b) Ifnecessary, work with project manager to plan and hold the fourth and final Advisory Committee meeting (or alternative review process) for review and approval of the Finalized Conceptual Design. Work Products and Deliverables: l.Two (2) full-size sets of the preferred conceptual design drawing 2.Ten (to) half-size sets of the preferred conceptual design drawing 3.Conceptual design phase statement of probable construction costs 4.Electronic versions of the above (PDF, Autocad) 5 Professional Services Rev_ January II. 2010 \\CC-TERRA\jarreo]\PURCHDOC\sAP Bids and Proposa!s\RFP\RFP136167 Landscape Inventory and Design Development RWQC\Docs related to contract\Contract C11136167 SlEGFRTED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: CII136167 5.Meeting minutes c) Upon completion of the Accepted Conceptual Design complete an Administrative Draft Initial study in preparation for the Design Phase and Construction. II. FINAL DESIGN AND CONSTRUCTION SERVICES The City reserves the right to solicit other consultants for Fiual Design, or enter into agreement with Siegfried to issue a contract addendum for Final Design, construction bidding assistance and services during construction. END OF SCOPE 6 Professional Services Rev. January t I, 2010 \\CC-TERRA\jarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFP136167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract Cll136167 SIEGFRIED ENGINEERING.doc CITY OF PALO ALTO CONTRACT NO.: CII136167 5.Meeting minutes c) Upon completion of the Accepted Conceptual Design complete an Administrative Draft Initial study in preparation for the Design Phase and Construction. II. FINAL DESIGN AND CONSTRUCTION SERVICES The City reserves the right to solicit other consultants for Fiual Design, or enter into agreement with Siegfried to issue a contract addendum for Final Design, construction bidding assistance and services during construction. END OF SCOPE 6 Professional Services Rev. January t I, 2010 \\CC-TERRA\jarreol\PURCHDOC\SAP Bids and Proposals\RFP\RFP136167 landscape Inventory and Design Development RWQC\Docs related to contract\Contract Cll136167 SIEGFRIED ENGINEERING.doc SCOPE OF SERVICES -FINAL DESIGN FINAL DESiGN OF THE RWQCP LANDSCAPING PROJECT CITY OF PALO ALTO REGIONAL WATER QUALITY CONTROL PLANT AUGUST 24,2011 SIEGFRIED SCOPE OF SERVICES -FINAL DESIGN FINAL DESiGN OF THE RWQCP LANDSCAPING PROJECT CITY OF PALO ALTO REGIONAL WATER QUALITY CONTROL PLANT AUGUST 24,2011 SIEGFRIED M~;J\lIiE,W!iiS$ Eljylronll1en~t. 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(:fl:.'fl 'ENt;;',IIIl-fJ,£.Hi:na _" G;ll"l\}C'f\HUiL 0N(d,~ii2\~JtiNI;, ~ _I !\hb :·,uH'\/~','fit1,L> ,,-if;' PLAMNlr)<3 Sie{lfriori Er1girmtirinu, frld'. !if ~,4;iN3r{IO~l!idi1 Rond, S~Jjti.) lo0.StolJ.ktrm,'Ci('f:i'61h~ fii ral: (209) 94;3·2021 Iol il'l;(: {2Q:9)JJ42-0'.l4-'fj ""'lIjw.ai-oUfnjilrl(~ngA,,;-orf\ aaeQfU:neb ItI1lJ\tl¢iil,1nl!: Iryh "Ii~lil)~, 'I?U!,,)Ij~s, M~;J\lIiE,W!iiS$ Eljylronll1en~t, SI*!\ll<illsf"t:!l\flronrl1:en!~1 ,COI)1p1'<lnCi1 9115' on'lllloAlto, Public Wor]<sOllpaltment ~Sidh~1 Waillt QuallIYGopti'd1 Fila~tP!\{lslon SubJ'Elcl: "'rnal O!l.ISI1~f tl'l~ R'IlIQCP LllltdsCllPI"SiP,oJ~~t OilY oiRa/oAM, Begil'lilal Water QualitY C01!lroll;>!a'nt Atl!;19hedin Ihe'foIiI:)WI1'!g 'p"ses is Slegft'il?d's ptoP<>SllI lo<;oriilnlje lQptoVicle professional LandsOl:\pe.ilJ:otiitectur.d $€rvl~e$ IptheCitYof.P¥11oAl!O(Clty)forUmilld,sslgn GIthe Regional watilrQ~<lli!yC!lntro! PI,<ln! (RWOP?) iandsoaplng,PfO)&ct. lthilli b~en QLlt PI\l$L!fetQWo~w,nh lheC;ity.oil.lh'" pr .. llffi!!ljlt}'d!!iilJlihlli lorthllR'NOpP;andwe aree,xC!t",d t9~Qmli1\.l,i;lQ4r jqUrJ1e1y.v!cjJ"r:epa~t.hef[llitld~Slgh,,: fOr Wsprl>Je~t . Ov.er lI1e.!a$tYElllr.Sfegfried IJ?S es\ablisf!ed a Il!ronsre!atlonlihips wlttrlhe 'CI\)lEll\d RWQCP.staffmel)1b!)l"$,andfof thl$P/lI\~",w(!.wltltql1trOtie to provide the.l!arne ,'\Wei uf enll1usf!lllm, tecMlcalab)lily, ani;! dedi$ali¢n1n:at ~pu haVe corne to el<pecti'raI1iSfe\jffied. Addi\lpm!:tIIY, our teaii'l WiIIl;(>iltlrluejpill"Qlllde ttJ<;GltY Wfll1.~ lel,!el()f$€tVi~.!mmatched. bYQlherl!rmll, A$\,otl.h<"iveslilen; pilr firm's oQI~ult1 thrives onQ.ut,p~IhIl'!llilllhinlijnli, Il!nilv'eare~¢ilfId rQ¢Qnlir1~", providing inno\i<i\!IIIeJ!olutlOi1.$, ifi.ai1k )1oUfof th~.opportLlnlty.lq· \lroV!(.jeflri<l! d,MiSO!> <lha We fQok fo/l,Va!'dtQ t;qntllulng· our sfr6n9I'it1a~{m~trip witn the Ci\y o/Palp AIIQ li\ndlheRWQC~sll!ff, Pau[J, Sqhnefd~r, Pt:;, Vice PreSillenl, Pr1I1cip;:iI.liH:::hatge Slegfr1!'ld .. (:fl:.'fl 'ENt;;',IIIl-fJ,£.Hi:na _" G;ll"l\}C'f\HUiL 0N(d,~ii2\~JtiNI;, ~ _I !\hb :·,uH'\/~','fit1,L> ,,-if;' PLAMNlr)<3 Sie{lfriori Er1girmtirinu, frld'. !if ~,4;iN3r{IO~l!idi1 Rond, S~Jjti.) lo0.StolJ.ktrm,'Ci('fHjlh~ fii ral: (209) 94;3·2021 Iol il'l;(: {2Q:9)JJ42-0'.l4-'fj ""'lIjw.ai-oUfnjilrl(~ngA,';Orf\ .l1li" •• SIEGFRIED The final design phase of this project continues to be a significant project for the RWQCP, thus it is essential that the landscape designs be prepared by an experienced team that understands the project objectives, has a through understanding of the approved concepts, and has the resources to deliver the project within budget and on schedule. Below is an outline of our scope of services and work plan for continuing with this project. It is our goal to use our project knowledge and understanding of the site to make this a truly successful project. SCOPE OF SERVICES I -GENERAL INFORMATION The City of Palo Alto Regional Water Quality Control Plant is extending its existing contract with Siegfried for consultant services to render drawings forthe final design of the RWQCP Landscaping Project and to assist with bidding and construction services. The final designs will leverage the conceptual designs developed by Siegfried under contract C11136167. Siegfried will help plan and attend meetings as needed with staff and the RWQCP Landscaping Advisory Committee, attend board and commission meetings as requested, provide technical and administrative assistance in responding to questions about the draft initial study and CEQA documentation submitted to Planning (prepared by Siegfried in previous contract), assist in both the preparation of construction bidding documents and the oversight and administration of construction services. Construction is tentatively scheduled to commence in fall 2012. The tentative timeline is included in Section VI of this scope of services. 11-RWQCP LANDSCAPING FINAL DESIGN TASKS Task 1 -Final Project Design A. 35% Construction Documents 1. Begin final design process for all areas of RWQCP Landscaping including the habitat area, internal landsaping, front entry landscaping, and external landscaping referencing the conceptual designs developed by Siegfried Engineering, Inc. (Dated June 23, 2011). Final designs based from conceptual designs previously developed by Siegfried showing construction materials, plant materials, construction details and layout for: a. Landscaping within the RWQCP gates to include the Recycled Water tank, Administration and Operations buildings b. Landscaping along both Embarcadero Road and Harbor Road c. Option A-Final landscaping design for the south-east area of the RWQCP project area referred to as the Habitat Corridor. Note: final design for this area will not occur until City Council has determined the ultimate use for this area. Consultant is to provide an estimate of cost for the final design for this area if Council approves Its development. Design for this area may not occur until construction begins on other RWQCP locations. d. Option B-Landscape Design for the entrance to the RWQCP. This area was originally planned and approved by Council to become the City's new Recycling Center. Under Finance Committee direction this area is now being considered for a small household hazardous waste station (HHWS). The scope will include revising and updating the 90% civil and landscape improvement plans previously prepared for the Phase 1 Recycling Center. Siegfried shall provide final landscape designs 1 .l1li" •• SIEGFRIED The final design phase of this project continues to be a significant project for the RWQCP, thus it is essential that the landscape designs be prepared by an experienced team that understands the project objectives, has a through understanding of the approved concepts, and has the resources to deliver the project within budget and on schedule. Below is an outline of our scope of services and work plan for continuing with this project. It is our goal to use our project knowledge and understanding of the site to make this a truly successful project. SCOPE OF SERVICES I -GENERAL INFORMATION The City of Palo Alto Regional Water Quality Control Plant is extending its existing contract with Siegfried for consultant services to render drawings forthe final design of the RWQCP Landscaping Project and to assist with bidding and construction services. The final designs will leverage the conceptual designs developed by Siegfried under contract C11136167. Siegfried will help plan and attend meetings as needed with staff and the RWQCP Landscaping Advisory Committee, attend board and commission meetings as requested, provide technical and administrative assistance in responding to questions about the draft initial study and CEQA documentation submitted to Planning (prepared by Siegfried in previous contract), assist in both the preparation of construction bidding documents and the oversight and administration of construction services. Construction is tentatively scheduled to commence in fall 2012. The tentative timeline is included in Section VI of this scope of services. 11-RWQCP LANDSCAPING FINAL DESIGN TASKS Task 1 -Final Project Design A. 35% Construction Documents 1. Begin final design process for all areas of RWQCP Landscaping including the habitat area, internal landsaping, front entry landscaping, and external landscaping referencing the conceptual designs developed by Siegfried Engineering, Inc. (Dated June 23, 2011). Final designs based from conceptual designs previously developed by Siegfried showing construction materials, plant materials, construction details and layout for: a. Landscaping within the RWQCP gates to include the Recycled Water tank, Administration and Operations buildings b. Landscaping along both Embarcadero Road and Harbor Road c. Option A-Final landscaping design for the south-east area of the RWQCP project area referred to as the Habitat Corridor. Note: final design for this area will not occur until City Council has determined the ultimate use for this area. Consultant is to provide an estimate of cost for the final design for this area if Council approves its development. Design for this area may not occur until construction begins on other RWQCP locations. d. Option B-Landscape Design for the entrance to the RWQCP. This area was originally planned and approved by Council to become the City's new Recycling Center. Under Finance Committee direction this area is now being considered for a small household hazardous waste station (HHWS). The scope will include revising and updating the 90% civil and landscape improvement plans previously prepared for the Phase 1 Recycling Center. Siegfried shall provide final landscape designs 1 lIi11" 1111 SIEGFRIED for Area A, B, and C, as described in Exhibit A - Household Hazardous Waste Station Landscaping sites. The landscape design shall include a cost estimate for installation, water use calculations, irrigation plans, and use plant a palette that is developed as part of the broader RWQCP plant palette selection process which considers public stakeholder input. Siegfried will provide elevation drawings showing any background or foreground structures that are part of the HHW Station or RWQCP entrance (such as gates, signs, fences, etc.). Siegfried will also provide a conceptual and final design for a neW main entrance sign(s) for the RWQCP and HHW Drop-Off Station. Final sign designs will include a detailed colored drawing labeled with all the sign dimensions including sign elevations and heights; lettering size and color, icon design, size and colors; foundation details; lighting details; and irrigation system details. In addition, Siegfried will provide professional consultation for specifying, placing, and providing power for a touch screen kiosk or display system to aid in educating the public on the disposal and recycling options as well as general Bay Friendly information. The content and programming of the digital system is excluded. 2. Hiring a Bay-Friendly Qualified Advisor to ensure that project design and construction during the design and construction phase meet Bay-Friendly Certification standards and to ensure that the final design after construction will meet Bay-Friendly criteria. 3. Assistance with reviewing and providing feedback on a proposal from Canopy to have the newly landscaped RWQCP facility serve as a Recycled Water Demonstration and Monitoring site. (www.canopy.org) 4. Development of a plant palette in consultation with Advisory Committee members. Anticipated and the associated fees meetings are summarized in Task 2-4 of the scope and fee proposal. Palette selection is confined to appropriate plant species to use given location, recycled water use and Bay-Friendly objectives. Staffwill make the final determination about plants and design based on Advisory Committee, plant palette subcommittee and consultant input. 5. The final design will meet all specifications and requirements outlined in existing contract C 11136167 unless in conflict with scope of work, whereas this scope of work shall govern. 6. Based upon the topographic survey performed by the City and provided in AutoCAD 2010 and Ascii point file format, Siegfried will transform the data' into a background suitable for plan production. Said survey performed by the City shall include all visible surface elements including, but not limited to the following: a. Sewer mains and structures b. Tree locations with tag numbers, existing ground elevation at tree base, and dripline locations and shape c. Storm drain manholes and catch basins, including flow line data and pipe size d. Gas and water valves e. Electric manholes and boxes f. Fiber optic manholes and boxes g. Back of sidewalk Exhibit A Household Hazardous Waste Station Landscaping Sites 2 lIi11" 1111 SIEGFRIED for Area A, B, and C, as described in Exhibit A - Household Hazardous Waste Station Landscaping sites. The landscape design shall include a cost estimate for installation, water use calculations, irrigation plans, and use plant a palette that is developed as part of the broader RWQCP plant palette selection process which considers public stakeholder input. Siegfried will provide elevation drawings showing any background or foreground structures that are part of the HHW Station or RWQCP entrance (such as gates, signs, fences, etc.). Siegfried will also provide a conceptual and final design for a neW main entrance sign(s) for the RWQCP and HHW Drop-Off Station. Final sign designs will include a detailed colored drawing labeled with all the sign dimensions including sign elevations and heights; lettering size and color, icon design, size and colors; foundation details; lighting details; and irrigation system details. In addition, Siegfried will provide professional consultation for specifying, placing, and providing power for a touch screen kiosk or display system to aid in educating the public on the disposal and recycling options as well as general Bay Friendly information. The content and programming of the digital system is excluded. 2. Hiring a Bay-Friendly Qualified Advisor to ensure that project design and construction during the design and construction phase meet Bay-Friendly Certification standards and to ensure that the final design after construction will meet Bay-Friendly criteria. 3. Assistance with reviewing and providing feedback on a proposal from Canopy to have the newly landscaped RWQCP facility serve as a Recycled Water Demonstration and Monitoring site. (www.canopy.org) 4. Development of a plant palette in consultation with Advisory Committee members. Anticipated and the associated fees meetings are summarized in Task 2-4 of the scope and fee proposal. Palette selection is confined to appropriate plant species to use given location, recycled water use and Bay-Friendly objectives. Staffwill make the final determination about plants and design based on Advisory Committee, plant palette subcommittee and consultant input. 5. The final design will meet all specifications and requirements outlined in existing contract C 11136167 unless in conflict with scope of work, whereas this scope of work shall govern. 6. Based upon the topographic survey performed by the City and provided in AutoCAD 2010 and Ascii point file format, Siegfried will transform the data' into a background suitable for plan production. Said survey performed by the City shall include all visible surface elements including, but not limited to the following: a. Sewer mains and structures b. Tree locations with tag numbers, existing ground elevation at tree base, and dripline locations and shape c. Storm drain manholes and catch basins, including flow line data and pipe size d. Gas and water valves e. Electric manholes and boxes f. Fiber optic manholes and boxes g. Back of sidewalk Exhibit A Household Hazardous Waste Station Landscaping Sites 2 .iII- •• SIEGFRIED h. Flow line and lip of gutter i. Edge of pavement j. Fire Hydrants k. Water Meters I. Gas meter risers or meter boxes m. Sanitary sewer clean-out boxes n. Monuments o. Street improvements including striping B. 60% Construction Documents 1. Based on previous input from the Advisory Committee, provide drawings, specifications, and other 60% deliverable documents as needed for staff and Advisory Committee review. 2. Provide statement of probable construction costs C. 95% Construction Documents 1. Siegfried will address all the comments and concerns issued during the 60% design review. The design will be the true reflection of City's intent for this project and meet all specification requirements listed in the Conceptual Design Proposal. 2. Provide final design phase statement of probable construction costs 3. Provide sufficient sets of drawings, information and cut sheets for submission to the City of Palo Alto's Planning Department for formal review. 4. Once the 90% Final Design has been approved by RWQCP Project Manager, prepare and submit materials for the City's formal review process including Draft Initial Study and mitigated negative declaration documentation. 5. Assist staff in responding to questions or issues that may arise about the draft initial study and CEQA documentation. D. Final Construction Documents 1. Siegfried will revise the final design based on City's comments and Siegfried's own internal review and quality control. 2. The design at this stage will include construction documents with plans, specifications, design calculations and a final construction cost estimate. 3. Prepare the design package to secure applicable permitting and soliciting construction I procurement for each task. 4. Provide one unbound copy and one Microsoft Word electronic copy of the final specifications. 5. Provide two wet stamped hard copies, one digital copy in PDF format and one in AutoCAD 3D Civil 2010 format of the final stamped plans. Provide two hard copies and one digital copy in Microsoft Word format of the final specifications. Task 2 -Attend stakeholder meetings -Siegfried will plan for: 1. Up to two (2) meetings with Advisory Committee to receive initial input and review iterations of the Final Design which will detail plant and building materials, sign age and other landscaping components. 2. Up to two (2) meetings with Plant Palette Selection subcommittee of the Advisory Committee. 3. Occuring on the same day and following one of the above mentioned Plant Pallet meetings, Siegfried will attend one (1) on-site walkthrough with Advisory Committee and Executive staff to discuss those trees that are to be removed and respond to concerns and requests for more information. 4. City Council and Commission Meetings to include (total time includes: The key to success is having a dedicated team that remains intact throughout the duration of the entire project 3 .iII- •• SIEGFRIED h. Flow line and lip of gutter i. Edge of pavement j. Fire Hydrants k. Water Meters I. Gas meter risers or meter boxes m. Sanitary sewer clean-out boxes n. Monuments o. Street improvements including striping B. 60% Construction Documents 1. Based on previous input from the Advisory Committee, provide drawings, specifications, and other 60% deliverable documents as needed for staff and Advisory Committee review. 2. Provide statement of probable construction costs C. 95% Construction Documents 1. Siegfried will address all the comments and concerns issued during the 60% design review. The design will be the true reflection of City's intent for this project and meet all specification requirements listed in the Conceptual Design Proposal. 2. Provide final design phase statement of probable construction costs 3. Provide sufficient sets of drawings, information and cut sheets for submission to the City of Palo Alto's Planning Department for formal review. 4. Once the 90% Final Design has been approved by RWQCP Project Manager, prepare and submit materials for the City's formal review process including Draft Initial Study and mitigated negative declaration documentation. 5. Assist staff in responding to questions or issues that may arise about the draft initial study and CEQA documentation. D. Final Construction Documents 1. Siegfried will revise the final design based on City's comments and Siegfried's own internal review and quality control. 2. The design at this stage will include construction documents with plans, specifications, design calculations and a final construction cost estimate. 3. Prepare the design package to secure applicable permitting and soliciting construction I procurement for each task. 4. Provide one unbound copy and one Microsoft Word electronic copy of the final specifications. 5. Provide two wet stamped hard copies, one digital copy in PDF format and one in AutoCAD 3D Civil 2010 format of the final stamped plans. Provide two hard copies and one digital copy in Microsoft Word format of the final specifications. Task 2 -Attend stakeholder meetings -Siegfried will plan for: 1. Up to two (2) meetings with Advisory Committee to receive initial input and review iterations of the Final Design which will detail plant and building materials, sign age and other landscaping components. 2. Up to two (2) meetings with Plant Palette Selection subcommittee of the Advisory Committee. 3. Occuring on the same day and following one of the above mentioned Plant Pallet meetings, Siegfried will attend one (1) on-site walkthrough with Advisory Committee and Executive staff to discuss those trees that are to be removed and respond to concerns and requests for more information. 4. City Council and Commission Meetings to include (total time includes: The key to success is having a dedicated team that remains intact throughout the duration of the entire project 3 .111" •• SIEGFRIED meeting preparation, travel, and waiting time at each meeting unless otherwise noted): a, Discussions with Art Commission and Art Commission subcommittee (up to two (2) two-hour meetings) to discuss the required art piece and its eventual location b, RWQCP Internal Stakeholder meeting (up to two (2) one-hour meetings) c, Parks and Recreation Commission (meeting preparation and packets only) d, Architectural Review Board (meeting preparation and packets only) e, Planning and Transportation Commission (meeting preparation and packets only) f, City Council Work Products and Deliverables: a, Full-size or half size sets as required of the preferred proposed drawing for each staff, Advisory, Commission our Council meeting as follows: Advisory Committee (15) Architectural Review Board (15) Parks and Recreation Commission (15) Planning and Transportation Commission (30) Art Commission (15) City Council (28) RWQCP stakeholders (15) b, Electronic versions of all iterations of drawings as requested by staff (PDF, jpg, AutoCAD 2010) c, Meeting minutes III -SERVICES DURING BIDDING AND CONSTRUCTION Task 1 -Services During Bidding 1, Siegfried will assist the City in preparation of up to one (1) distinct bid package. The package will include full-sized original drawing set(s), and a digital plot bid package for the City's use in printing, and an electronic version of the Construction Documents, 2, Siegfried will respond to the requests for clarification and/or information from prospective bidders in consultation with City staff as it relates to the construction project 3, Siegfried will, prepare meeting materials, attend, answer relevant questions and assist the City at the pre-bid conferences and the walk through, 4, Siegfried will assist the City with preparation of Project addenda and furnish the originals required for addenda, 5, Siegfried will meet with the project manager to review the estimates of probable construction costs and to confirm that the design is still within the City's approved construction budget. Task 2 -Services During Construction-Future Phase for Information Only This Phase will be awarded upon Council approval of the Construction contract and is included in this scope for information only, Each service will be provided for up to two (2) distinct bid packages over a potential period of three (3) years, 1, Siegfried will review submittals from the contractor for conformance with the Contract Documents, Siegfried will review and return the submittal comments to the City within ten calendar days, 2, Siegfried will prepare written response to the Requests for Information (RFI) submitted by the contractor, Siegfried will review, comment and At a recent ARB meeting, one board member responded with, "grand slam, A plus" when praising our product and efforts to blend form and function at Eleanor Pardee Park in Palo Alto 4 .111" •• SIEGFRIED meeting preparation, travel, and waiting time at each meeting unless otherwise noted): a, Discussions with Art Commission and Art Commission subcommittee (up to two (2) two-hour meetings) to discuss the required art piece and its eventual location b, RWQCP Internal Stakeholder meeting (up to two (2) one-hour meetings) c, Parks and Recreation Commission (meeting preparation and packets only) d, Architectural Review Board (meeting preparation and packets only) e, Planning and Transportation Commission (meeting preparation and packets only) f, City Council Work Products and Deliverables: a, Full-size or half size sets as required of the preferred proposed drawing for each staff, Advisory, Commission our Council meeting as follows: Advisory Committee (15) Architectural Review Board (15) Parks and Recreation Commission (15) Planning and Transportation Commission (30) Art Commission (15) City Council (28) RWQCP stakeholders (15) b, Electronic versions of all iterations of drawings as requested by staff (PDF, jpg, AutoCAD 2010) c, Meeting minutes III -SERVICES DURING BIDDING AND CONSTRUCTION Task 1 -Services During Bidding 1, Siegfried will assist the City in preparation of up to one (1) distinct bid package. The package will include full-sized original drawing set(s), and a digital plot bid package for the City's use in printing, and an electronic version of the Construction Documents, 2, Siegfried will respond to the requests for clarification and/or information from prospective bidders in consultation with City staff as it relates to the construction project 3, Siegfried will, prepare meeting materials, attend, answer relevant questions and assist the City at the pre-bid conferences and the walk through, 4, Siegfried will assist the City with preparation of Project addenda and furnish the originals required for addenda, 5, Siegfried will meet with the project manager to review the estimates of probable construction costs and to confirm that the design is still within the City's approved construction budget. Task 2 -Services During Construction-Future Phase for Information Only This Phase will be awarded upon Council approval of the Construction contract and is included in this scope for information only, Each service will be provided for up to two (2) distinct bid packages over a potential period of three (3) years, 1, Siegfried will review submittals from the contractor for conformance with the Contract Documents, Siegfried will review and return the submittal comments to the City within ten calendar days, 2, Siegfried will prepare written response to the Requests for Information (RFI) submitted by the contractor, Siegfried will review, comment and At a recent ARB meeting, one board member responded with, "grand slam, A plus" when praising our product and efforts to blend form and function at Eleanor Pardee Park in Palo Alto 4 111111" 111111 SIEGFRIED return the RFI responses within seven calendar days. 3. Siegfried will review and validate the Contract Change Order requests submitted by contractor for accuracy and correctness, as requested by the City. 4. As requested, Siegfried will attend periodic Project Progress Meetings with the Contractor. Please allow for one meeting per month, at the minimum, during the construction phase. 5. Siegfried will review the "as-built" or "red line" drawings and documents maintained by the contractor during construction. Upon construction completion, Siegfried will prepare full size and half size (11"X17") sets and one electronic copy of the record drawings. The electronic copy will be in AutoCAD 3D Civil 2010 format, PDF and jpg as requested. The record drawings will consist of annotated contract drawings and electronic files showing changes in design and construction. 6. Siegfried will provide an archeologist and a wildlife biologist to provide necessary assessments, site visits and review to meet all RWQCP draft mitigated negative declaration requirements. 7. Ensure that construction does not occur during gray fox denning season (April-through October and in conjunction with CDFG recommendations) IV -REIMBURSABLE SERVICES Allowance for reimbursable expenses will be set as part of the Agreement of Services. Reimbursable expenses include: 1. Expenses for reproduction, special handling of drawings, specifications or documents which are specifically needed to meet requirement of the Agreement. Expenses of data processing and photographic production which are specifically needed to meet requirement of the Agreement. All drawings are to be provided in AutoCAD 2010, PDF andjpg formats. 2. Expenses for transportation in connection with the performance of Basic and/or Additional Services per the City's travel policy. V -ADDITIONAL SERVICES Additional services will not be rendered without first receiving written authorization from the City. Siegfried and the City must arrive at an agreed upon, not-to-exceed fee and method of payment prior to Siegfried proceeding with any additional service. Siegfried will provide billing rate schedule for the life of the project. Additional services may include: 1. Making revisions required by reason or causes beyond the control of the Siegfried. 2. Providing services due to unforeseen issues or performance of either City or City's construction contractor for work designed under this scope of service and based on information provided by the City's construction contractor. 3. Providing other special studies not covered under Basic Services 4. Providing drawings, specifications and/or other supporting data in connection with contract change orders when such contract change orders are not necessitated by design errors or omissions by Siegfried. 5. Additional drawings of new or modified design elements 6. Additional reproduction of drawings, presentations 7. Providing any other additional services not otherwise included, or not customarily furnished in accordance with Siegfried's generally accepted professional practice, when so requested by the City and mutually agreed upon, in writing. 8. Additional unanticipated meetings for Advisory Committee, staff, commissions, architectural review, or City Council meetings. All incoming documents will be date stamped, logged, assigned, and marked with the appropriate file number, and routed to the appropriate party for action 5 111111" 111111 SIEGFRIED return the RFI responses within seven calendar days. 3. Siegfried will review and validate the Contract Change Order requests submitted by contractor for accuracy and correctness, as requested by the City. 4. As requested, Siegfried will attend periodic Project Progress Meetings with the Contractor. Please allow for one meeting per month, at the minimum, during the construction phase. 5. Siegfried will review the "as-built" or "red line" drawings and documents maintained by the contractor during construction. Upon construction completion, Siegfried will prepare full size and half size (11"X17") sets and one electronic copy of the record drawings. The electronic copy will be in AutoCAD 3D Civil 2010 format, PDF and jpg as requested. The record drawings will consist of annotated contract drawings and electronic files showing changes in design and construction. 6. Siegfried will provide an archeologist and a wildlife biologist to provide necessary assessments, site visits and review to meet all RWQCP draft mitigated negative declaration requirements. 7. Ensure that construction does not occur during gray fox denning season (April-through October and in conjunction with CDFG recommendations) IV -REIMBURSABLE SERVICES Allowance for reimbursable expenses will be set as part of the Agreement of Services. Reimbursable expenses include: 1. Expenses for reproduction, special handling of drawings, specifications or documents which are specifically needed to meet requirement of the Agreement. Expenses of data processing and photographic production which are specifically needed to meet requirement of the Agreement. All drawings are to be provided in AutoCAD 2010, PDF andjpg formats. 2. Expenses for transportation in connection with the performance of Basic and/or Additional Services per the City's travel policy. V -ADDITIONAL SERVICES Additional services will not be rendered without first receiving written authorization from the City. Siegfried and the City must arrive at an agreed upon, not-to-exceed fee and method of payment prior to Siegfried proceeding with any additional service. Siegfried will provide billing rate schedule for the life of the project. Additional services may include: 1. Making revisions required by reason or causes beyond the control of the Siegfried. 2. Providing services due to unforeseen issues or performance of either City or City's construction contractor for work designed under this scope of service and based on information provided by the City's construction contractor. 3. Providing other special studies not covered under Basic Services 4. Providing drawings, specifications and/or other supporting data in connection with contract change orders when such contract change orders are not necessitated by design errors or omissions by Siegfried. 5. Additional drawings of new or modified design elements 6. Additional reproduction of drawings, presentations 7. Providing any other additional services not otherwise included, or not customarily furnished in accordance with Siegfried's generally accepted professional practice, when so requested by the City and mutually agreed upon, in writing. 8. Additional unanticipated meetings for Advisory Committee, staff, commissions, architectural review, or City Council meetings. All incoming documents will be date stamped, logged, assigned, and marked with the appropriate file number, and routed to the appropriate party for action 5 .iII" •• SIEGFRIED 9. Additional meetings that may be needed to satisfy the interest of City Councilor various City Commissions VI -TIMELINE OF KEY MILESTONES 1. Assuming Council approval, commence final design process and plan Advisory Committee, Art Commission and Plant Palette subcommittee meetings (October 2011) 2. Tree walkthrough with Advisory Committee members to discuss tree condition and those trees that will be removed from the RWQCP construction site (October 2011) 3. Assist in review of Canopy proposal to make RWQCP landscaping project a demonstration site (October 2011) 4. Submit final design, draft initial study and MND to Planning and begin formal review-includes Commissions and Council meetings (February 1, 2012) 5. Complete formal review (JunelJuly 2012) 6. Draft and process construction contract (summer, 2012) 7. Plant/construct in (fall, 2012) 8. Completion of construction (spring, 2013) WORK PLAN PROJECT MANAGEMENT As Siegfried's Landscape Architect and Project Manager, Robert Norbutas, ASLA, will continue to be the principal point of contact for the City throughout this phase of the project, and be responsible for the lead day-to-day communications. Paul Schneider, Siegfried's Principal-In-Charge will also continue to be responsible for Quality Control. Paul and Robert have worked closely and effectively together over th,e last year on the preliminary design phase of this project, and both are intimately familiar with the project. Effective project management delivered in a professional manner is critical to the success of this project. Siegfried will continue to use our tested and proven project management techniques to provide a cost-effective and responsive delivery of our technical products. Proposed steps Siegfried will use on this project will include: Moving forward with our comprehensive and thorough Work Plan which includes significant City and stakeholder involvement Use an earned value system to accurately track progress, and keep the City and stakeholders informed as to project status Prepare comprehensive progress reports and hold progress meetings with the City and stakeholders during this phase of the project to review budget, scope, and time line. Continue to maintain an open line of communication for information, questions, ideas, and feedback. QUALITY AND COST CONTROL All work performed under this contract will be conducted in accordance with the Siegfried Quality Control Program. Siegfried's Quality Control Manager on this project, Paul J. Schneider, P.E., will establish a Plan specifically for this project. Mr. Schneider has over twelve years of experience in his field of expertise, providing quality control for projects throughout the Bay Area and beyond. Additionally, Mr. Schneider has served as Principal-in-Charge and Quality Control Manager for the initial phase of this project, thus he understands the processes During one of our visits, we were told that the habitat corridor was once a beautiful garden-like setting, it is our goal to design a plan that restores this area to it's natural beauty 6 .iII" •• SIEGFRIED 9. Additional meetings that may be needed to satisfy the interest of City Councilor various City Commissions VI -TIMELINE OF KEY MILESTONES 1. Assuming Council approval, commence final design process and plan Advisory Committee, Art Commission and Plant Palette subcommittee meetings (October 2011) 2. Tree walkthrough with Advisory Committee members to discuss tree condition and those trees that will be removed from the RWQCP construction site (October 2011) 3. Assist in review of Canopy proposal to make RWQCP landscaping project a demonstration site (October 2011) 4. Submit final design, draft initial study and MND to Planning and begin formal review-includes Commissions and Council meetings (February 1, 2012) 5. Complete formal review (JunelJuly 2012) 6. Draft and process construction contract (summer, 2012) 7. Plant/construct in (fall, 2012) 8. Completion of construction (spring, 2013) WORK PLAN PROJECT MANAGEMENT As Siegfried's Landscape Architect and Project Manager, Robert Norbutas, ASLA, will continue to be the principal point of contact for the City throughout this phase of the project, and be responsible for the lead day-to-day communications. Paul Schneider, Siegfried's PrincipaHn-Charge will also continue to be responsible for Quality Control. Paul and Robert have worked closely and effectively together over th,e last year on the preliminary design phase of this project, and both are intimately familiar with the project. Effective project management delivered in a professional manner is critical to the success of this project. Siegfried will continue to use our tested and proven project management techniques to provide a cost-effective and responsive delivery of our technical products. Proposed steps Siegfried will use on this project will include: Moving forward with our comprehensive and thorough Work Plan which includes significant City and stakeholder involvement Use an earned value system to accurately track progress, and keep the City and stakeholders informed as to project status Prepare comprehensive progress reports and hold progress meetings with the City and stakeholders during this phase of the project to review budget, scope, and time line. Continue to maintain an open line of communication for information, questions, ideas, and feedback. QUALITY AND COST CONTROL All work performed under this contract will be conducted in accordance with the Siegfried Quality Control Program. Siegfried's Quality Control Manager on this project, Paul J. Schneider, P.E., will establish a Plan specifically for this project. Mr. Schneider has over twelve years of experience in his field of expertise, providing quality control for projects throughout the Bay Area and beyond. Additionally, Mr. Schneider has served as Principal-in-Charge and Quality Control Manager for the initial phase of this project, thus he understands the processes During one of our visits, we were told that the habitat corridor was once a beautiful garden-like setting, it is our goal to design a plan that restores this area to it's natural beauty 6 ·lIIm •• SIEGFRIED and procedures of the City, their desire for a successful project, and all details surrounding this project. TOPOGRAPHIC SURVEY For the final design phase of this project, Siegfried will require the completion of a Topographic Survey of the sUbject design areas. For this task we will utilize City survey crews which are led by licensed surveyors. The Topographic Survey will give our design team valuable data that is necessary to complete this project. CEQA COMPLETION Continuing to work with ESA, Siegfried's Environmental Consultant on the first phase of this project, we will complete the CEQA process. CONFORMANCE WITH RECYCLED WATER GOALS The Palo Alto Recycled Water Project is currently in Phase 3 of the Palo Alto Regional Water Quality Control Plant's ongoing expansion of its regional recycled water system. The predominant use of recycled water for this project is landscape irrigation. Our goal, through our landscape design, is to create a plan that conforms with all recycled water goals and takes into consideration your future recycled water goals as well. DESIGNED FOR YOUR FUTURE LONG RANGE FACILITY PLAN Our goal is to prepare final construction documents that will not impede your fulure developments. Our designs will be prepared in a manner which will allowthe City and all future Plant engineers to easily read, understand, and interpret them. STAKEHOLDER PROCESS The technique used by Siegfried to enhance communicatiDn and project understanding is known as the Stakeholder Process. As implemented in the preliminary design phase of this project, Siegfried will continue to participate in stakeholder meetings to gain valuable feedback regarding our designs and to ensure that our approved preliminary concepts are being delivered as promised. A detailed list of specific stakeholder events is shown under Task 2 of the Scope of Work. • 7 ·lIIm •• SIEGFRIED and procedures of the City, their desire for a successful project, and all details surrounding this project. TOPOGRAPHIC SURVEY For the final design phase of this project, Siegfried will require the completion of a Topographic Survey of the sUbject design areas. For this task we will utilize City survey crews which are led by licensed surveyors. The Topographic Survey will give our design team valuable data that is necessary to complete this project. CEQA COMPLETION Continuing to work with ESA, Siegfried's Environmental Consultant on the first phase of this project, we will complete the CEQA process. CONFORMANCE WITH RECYCLED WATER GOALS The Palo Alto Recycled Water Project is currently in Phase 3 of the Palo Alto Regional Water Quality Control Plant's ongoing expansion of its regional recycled water system. The predominant use of recycled water for this project is landscape irrigation. Our goal, through our landscape design, is to create a plan that conforms with all recycled water goals and takes into consideration your future recycled water goals as well. DESIGNED FOR YOUR FUTURE LONG RANGE FACILITY PLAN Our goal is to prepare final construction documents that will not impede your fulure developments. Our designs will be prepared in a manner which will allowthe City and all future Plant engineers to easily read, understand, and interpret them. STAKEHOLDER PROCESS The technique used by Siegfried to enhance communicatiDn and project understanding is known as the Stakeholder Process. As implemented in the preliminary design phase of this project, Siegfried will continue to participate in stakeholder meetings to gain valuable feedback regarding our designs and to ensure that our approved preliminary concepts are being delivered as promised. A detailed list of specific stakeholder events is shown under Task 2 of the Scope of Work. • 7 .a'" •• SIEGFRIED INTERIOR LANDSCAPE DESIGN The interior landscape design area consists of landscaping within the RWQCP gates including the Recycled Water tank area, Administration and Operations buildings, and moat area. , Siegfried will advance the approved concepts utilizing our in house team which consists of: Landscape Architects Civil Engineers Survey Crews Structural Engineers The site will be designed in accordance with state, federal, and local codes and ordinances. The image to the right depicts the overall site plan which incorporates all areas within the RWQCP gates that will receive the landscape improvements. EXTERIOR LANDSCAPING This area consists of landscaping along both Embarcadero Road and Harbor Road. This area, being located outside of the ~lit '~~ RWQCP gates, has a large amount of interface with public land, RWQCP land, and heavy public usage. To make this a successful area, Siegfried will work to carefully coordinate the elements by taking full advantage of the many internal and external stakeholder meetings we have, and will, participate in. HABITAT CORRIDOR This area consists of landscaping design for the south-east area of the RWQCP project area referred to as the Habitat Corridor. The final design for this area will not occur until City Council has determined the ultimate use for this area and final design may not occur until construction begins on other RWQCP locations. Once approved to provide the final design services, our wildlife biologist and Bay Friendly Advisor will be heavily involved with this corridor due to the sensitive nature of the plant material and animals. I 8 .a'" •• SIEGFRIED INTERIOR LANDSCAPE DESIGN The interior landscape design area consists of landscaping within the RWQCP gates including the Recycled Water tank area, Administration and Operations buildings, and moat area. , Siegfried will advance the approved concepts utilizing our in house team which consists of: Landscape Architects Civil Engineers Survey Crews Structural Engineers The site will be designed in accordance with state, federal, and local codes and ordinances. The image to the right depicts the overall site plan which incorporates all areas within the RWQCP gates that will receive the landscape improvements. EXTERIOR LANDSCAPING This area consists of landscaping along both Embarcadero Road and Harbor Road. This area, being located outside of the RWQCP gates, has a large amount of interface with public land, RWQCP land, and heavy public usage. To make this a successful area, Siegfried will work to carefully coordinate the elements by taking full advantage of the many internal and external stakeholder meetings we have, and will, participate in. HABITAT CORRIDOR This area consists of landscaping design for the south-east area of the RWQCP project area referred to as the Habitat Corridor. The final design for this area will not occur until City Council has determined the ultimate use for this area and final design may not occur until construction begins on other RWQCP locations. Once approved to provide the final design services, our wildlife biologist and Bay Friendly Advisor will be heavily involved with this corridor due to the sensitive nature of the plant material and animals. I 8 11111" 1111 SIEGFRIED RWQCP ENTRANCE This area was originally planned and approved by City Council to become the City's new Recycling Center. Under Finance Committee direction. this area is now being considered for either just a small household hazardous waste facility. or for potentially no facility. If the Household Hazardous Waste Facility project does not occur (as pictured). Siegfried will work with the RWQCP to provide an estimate and design for enhancing the entrance to the Plant. PLANT PALLET DETERMINATION The overall goal of this project is visual beautification, from screening the treatment tanks and buildings to creating educational and habitat areas. and visual beautification is at the forefront. The RWQCP is not located in a far out industrial area. it sits in the middle of the Palo Alto Baylands. It is our goal to help the RWQCP integrate itself into the neighboring communities while maximizing it's visual beauty by properly selecting and determining the correct plant pallet. In addition. our design will meet the requirements of Bay Friendly Design and we will strive to exceed those requirements by utilizing sustainable design practices which include soil preparation, water conserving irrigation, use of recycled water, solar­ powered water features and lighting, locally sourced landscape and hardscape materials, proper plant selection, semi-permeable hardscaping, rain barrels and cisterns, habitats for native birds and animal species, and Zero Waste by reducing, reusing, and recycling any and all materials we can. To establish a plant pallet, Siegfried will work with the stakeholder groups to educate them the on appropriate uses and materials as well as use visual tools to display the plant materials. This process will allow for better communication with those individuals not as familiar with landscape architecture or the specific plants being selected. VALUE ENGINEERING Value Engineering will be provided by Siegfried and subject experts that are not involved in the day-to-day activities of this project. The Value Engineering team will be led by Paul Schneider, P.E., Siegfried's Vice President, who has over 12 years of value engineering and project management experience. CLAIMS AVOIDANCE Our team will perform detailed reviews of the contract documents during the design phase to identify potential areas for conflict that could arise during the construction phase (when initiated). Siegfried will establish an effective claims management program that controls problems before they occur because we have professionals who can look at construction documents as a bidder WOUld. In the world of the "lowest responsible bidder," bidders look for opportunities within the documents that may al!ow claims for additional compensation. The Siegfried team can identify these same opportunities before the documents are complete and out for bid, potentially saving time, money, and avoiding claims. Our goal, if the project is moved into the construction phase, is to deliver the project to the City without a 11111" 1111 SIEGFRIED RWQCP ENTRANCE This area was originally planned and approved by City Council to become the City's new Recycling Center. Under Finance Committee direction. this area is now being considered for either just a small household hazardous waste facility. or for potentially no facility. If the Household Hazardous Waste Facility project does not occur (as pictured). Siegfried will work with the RWQCP to provide an estimate and design for enhancing the entrance to the Plant. PLANT PALLET DETERMINATION The overall goal of this project is visual beautification, from screening the treatment tanks and buildings to creating educational and habitat areas. and visual beautification is at the forefront. The RWQCP is not located in a far out industrial area. it sits in the middle of the Palo Alto Baylands. It is our goal to help the RWQCP integrate itself into the neighboring communities while maximizing it's visual beauty by properly selecting and determining the correct plant pallet. In addition. our design will meet the requirements of Bay Friendly Design and we will strive to exceed those requirements by utilizing sustainable design practices which include soil preparation, water conserving irrigation, use of recycled water, solar­ powered water features and lighting, locally sourced landscape and hardscape materials, proper plant selection, semi-permeable hardscaping, rain barrels and cisterns, habitats for native birds and animal species, and Zero Waste by reducing, reusing, and recycling any and all materials we can. To establish a plant pallet, Siegfried will work with the stakeholder groups to educate them the on appropriate uses and materials as well as use visual tools to display the plant materials. This process will allow for better communication with those individuals not as familiar with landscape architecture or the specific plants being selected. VALUE ENGINEERING Value Engineering will be provided by Siegfried and subject experts that are not involved in the day-to-day activities of this project. The Value Engineering team will be led by Paul Schneider, P.E., Siegfried's Vice President, who has over 12 years of value engineering and project management experience. CLAIMS AVOIDANCE Our team will perform detailed reviews of the contract documents during the design phase to identify potential areas for conflict that could arise during the construction phase (when initiated). Siegfried will establish an effective claims management program that controls problems before they occur because we have professionals who can look at construction documents as a bidder would. In the world of the "lowest responsible bidder," bidders look for opportunities within the documents that may al!ow claims for additional compensation. The Siegfried team can identify these same opportunities before the documents are complete and out for bid, potentially saving time, money, and avoiding claims. Our goal, if the project is moved into the construction phase, is to deliver the project to the City without a lIi11" 1111 SIEGFRIED single unresolved claim. We will achieve this goal by: Enforcing the contract consistently Working diligently to process Request for Changes, Change Order Re­ quests, and Potential Change Orders in a timely manner When differences arise, facilitation consensus among parties before the contractor is left with a claim as its only and final course of action Timely inspections If a claim is eminent, using the dispute resolution protocols and proce­ dures, as set forth in the construction contract, to their fullest potential Always represent the City's best interest CLAIMS AVOIDANCE PROCESS By prudently following the above prescribed approach, Siegfried will significantly reduce the need for a contractor to make a claim against the City. DOCUMENT TRACKING Documents that will require control, during all phases of a complete project, include official correspondence, memoranda, meeting agendas and minutes, daily inspection reports, deficiency reports, procurement documents, contract changes, submittals, drawings, payment applications, and other records. A" incoming documents will be date stamped, logged, assigned, and marked with the appropriate file number, and routed to the appropriate party for action. Logs of a" documents and correspondence transmitted to and from the Siegfried project office wi" be maintained on a daily basis. The correspondence log will indicate the company, name of the addressee, file number, and subject description of the correspondence. Other items logged such as submittals, change requests, change orders, RFls, work authorizations, modifications proposals, back charges, outstanding claims, purchase orders, payment certificates, construction personnel reports, construction progress reports, construction schedules, and system turnover packages, wi" also be maintained on a daily basis. The logs wi" be printed weekly and placed in a log file in the front of each main file section. Logs of all documents and correspondence will be maintained on a daily basis. 10 lIi11" 1111 SIEGFRIED single unresolved claim. We will achieve this goal by: Enforcing the contract consistently Working diligently to process Request for Changes, Change Order Re­ quests, and Potential Change Orders in a timely manner When differences arise, facilitation consensus among parties before the contractor is left with a claim as its only and final course of action Timely inspections If a claim is eminent, using the dispute resolution protocols and proce­ dures, as set forth in the construction contract, to their fullest potential Always represent the City's best interest CLAIMS AVOIDANCE PROCESS By prudently following the above prescribed approach, Siegfried will significantly reduce the need for a contractor to make a claim against the City. DOCUMENT TRACKING Documents that will require control, during all phases of a complete project, include official correspondence, memoranda, meeting agendas and minutes, daily inspection reports, deficiency reports, procurement documents, contract changes, submittals, drawings, payment applications, and other records. A" incoming documents will be date stamped, logged, assigned, and marked with the appropriate file number, and routed to the appropriate party for action. Logs of a" documents and correspondence transmitted to and from the Siegfried project office wi" be maintained on a daily basis. The correspondence log will indicate the company, name of the addressee, file number, and subject description of the correspondence. Other items logged such as submittals, change requests, change orders, RFls, work authorizations, modifications proposals, back charges, outstanding claims, purchase orders, payment certificates, construction personnel reports, construction progress reports, construction schedules, and system turnover packages, wi" also be maintained on a daily basis. The logs wi" be printed weekly and placed in a log file in the front of each main file section. Logs of all documents and correspondence will be maintained on a daily basis. 10 SIEGFRIED PROJECT STAFFiNG Siegfried has structured a project team with the professional expertise, project experience, and depth of resources necessary to meet the needs for this phase of the project. In addition, our team is committed to never changing throughout the duration of the project, giving us the ability to continue our strong relationships with the City and project stakeholders. KEY PROJECT TEAM MEMBERS NAME -ROBERT J. NORBUTAS, ASLA TITLE -PROJECT MANAGER, LANDSCAPE ARCHITECT RESPONSIBILITIES Mr. Norbutas will continue to serve as Project Manager and lead Landscape Architect. He will provide management, design development, technical support, production of drawings, consultant coordination, and attend stakeholder meetings. NAME -PAUL J. SCHNEIDER, P.E. TITLE -PRINCIPAL-IN-CHARGE, QUALITY CONTROL MANAGER RESPONSIBILITIES Mr. Schneider will continue serve as Principal-in-Charge and Quality Control Manager. Mr. Schneider has over eleven years of experience, providing quality control for both large and small scale projects. NAME -RONALD SPOHN TITLE -LANDSCAPE TECHNICIAN RESPONSIBILITIES Mr. Spohn will continue to serve as LandscapeArchitecture Technician and will provide technical support, drawings, sketches, details, and technical drawing preparation. NAME -DANIEL ANDERSON TITLE -LANDSCAPE TECHNICIAN RESPONSIBILITIES Mr. Anderson will continue to serve as LandscapeArchitecture Technician and will provide technical support, drawings, sketches, details, and technical drawing preparation. NAME -LESLIE GOLDEN, ASLA TITLE -CERTIFIED BAY FRIENDLY ADVISOR RESPONSIBILITIES Ms. Golden will serve as Siegfried's Bay Friendly Advisor for this project. She will meet with our design team to ensure our plans meet all Bay Friendly standards. NAME -ALLISON LEW CHAN TITLE -ENVIRONMENTAL ANALYST RESPONSIBILITIES Ms. Chan will continue to serve as project Environmental Analyst, directing the environmental effort. She has a strong background in assisting in the development of Environmental Impact Reports. NAME -LETTY BROWN TITLE -WILDLIFE BIOLOGIST RESPONSIBILITIES Ms. Brown will serve as archeologist and wildlife biologist and provide all necessary assessments, site visits and reviews to meet RWQCP draft MND requirements. In addition, she will ensure construction does not occur during gray fox denning season. 11 SIEGFRIED PROJECT STAFFiNG Siegfried has structured a project team with the professional expertise, project experience, and depth of resources necessary to meet the needs for this phase of the project. In addition, our team is committed to never changing throughout the duration of the project, giving us the ability to continue our strong relationships with the City and project stakeholders. KEY PROJECT TEAM MEMBERS NAME -ROBERT J. NORBUTAS, ASLA TITLE -PROJECT MANAGER, LANDSCAPE ARCHITECT RESPONSIBILITIES Mr. Norbutas will continue to serve as Project Manager and lead Landscape Architect. He will provide management, design development, technical support, production of drawings, consultant coordination, and attend stakeholder meetings. NAME -PAUL J. SCHNEIDER, P.E. TITLE -PRINCIPAL-IN-CHARGE, QUALITY CONTROL MANAGER RESPONSIBILITIES Mr. Schneider will continue serve as Principal-in-Charge and Quality Control Manager. Mr. Schneider has over eleven years of experience, providing quality control for both large and small scale projects. NAME -RONALD SPOHN TITLE -LANDSCAPE TECHNICIAN RESPONSIBILITIES Mr. Spohn will continue to serve as LandscapeArchitecture Technician and will provide technical support, drawings, sketches, details, and technical drawing preparation. NAME -DANIEL ANDERSON TITLE -LANDSCAPE TECHNICIAN RESPONSIBILITIES Mr. Anderson will continue to serve as LandscapeArchitecture Technician and will provide technical support, drawings, sketches, details, and technical drawing preparation. NAME -LESLIE GOLDEN, ASLA TITLE -CERTIFIED BAY FRIENDLY ADVISOR RESPONSIBILITIES Ms. Golden will serve as Siegfried's Bay Friendly Advisor for this project. She will meet with our design team to ensure our plans meet all Bay Friendly standards. NAME -ALLISON LEW CHAN TITLE -ENVIRONMENTAL ANALYST RESPONSIBILITIES Ms. Chan will continue to serve as project Environmental Analyst, directing the environmental effort. She has a strong background in assisting in the development of Environmental Impact Reports. NAME -LETTY BROWN TITLE -WILDLIFE BIOLOGIST RESPONSIBILITIES Ms. Brown will serve as archeologist and wildlife biologist and provide all necessary assessments, site visits and reviews to meet RWQCP draft MND requirements. In addition, she will ensure construction does not occur during gray fox denning season. 11 Illli1W 111111 SIEGFRIED PROJECT TEAM PROJECT MANAGER Robert Norbutas, ASLA 22 Years of Experience PRINCIPAL·IN·CHARGE QUALITY CONTROL Paul Schneider, P.E. 12 Years of Experience LANDSCAPE TECH Ronald Spohn 37 Years of Experience LANDSCAPE TECH. Daniel Anderson 9 Years of Experience BAY FRIENDLY ADVISOR Leslie Golden, ASLA 20 Years of Experience ENVIRONMENTAL Allison Lew Chan 3 Years of Experience WILDLIFE BIOLOGIST Letty Brown 10 Years of Experience ORGANIZATIONAL CHART Below is an organization chart showing the local relationships between the City, Siegfried, ESA, U RS, and Leslie Golden, our Bay Friendly Advisor. These relationships and team members will be consistent throughout the duration of this project. Il!I Siegfried I1'1il IlWiI ESA Il!I URS Ii Bay Friendly Advisor 12 Illli1W 111111 SIEGFRIED PROJECT TEAM PROJECT MANAGER Robert Norbutas, ASLA 22 Years of Experience PRINCIPAL·IN·CHARGE QUALITY CONTROL Paul Schneider, P.E. 12 Years of Experience LANDSCAPE TECH Ronald Spohn 37 Years of Experience LANDSCAPE TECH. Daniel Anderson 9 Years of Experience BAY FRIENDLY ADVISOR Leslie Golden, ASLA 20 Years of Experience ENVIRONMENTAL Allison Lew Chan 3 Years of Experience WILDLIFE BIOLOGIST Letty Brown 10 Years of Experience ORGANIZATIONAL CHART Below is an organization chart showing the local relationships between the City, Siegfried, ESA, U RS, and Leslie Golden, our Bay Friendly Advisor. These relationships and team members will be consistent throughout the duration of this project. Il!I Siegfried I1'1il IlWiI ESA Il!I URS Ii Bay Friendly Advisor 12 SIEGFRIED PROPOSED COST SHEET AND RATES The following pages contain Siegfried's schedule of rates and a list of our current charge rates for the final design phase, For this section, we have included a full breakdown of our fees showing the individual costs associated with each design element. This is included for the City's benefit, giving you the tools to further clarify your design needs to meet your budget requirements, if needed. 13 SIEGFRIED PROPOSED COST SHEET AND RATES The following pages contain Siegfried's schedule of rates and a list of our current charge rates for the final design phase, For this section, we have included a full breakdown of our fees showing the individual costs associated with each design element. This is included for the City's benefit, giving you the tools to further clarify your design needs to meet your budget requirements, if needed. 13 Q e!-- It v­ IS' .. iii ;;J WORK BREAKDOWN CHART FOR THE CITY OF PALO ALO RWQCP LANDSCAPING PROJECT AUGUST 24, 2011 Siegfried Engineering, Inc. WORK BREAKDOWN CHART FOR THE CITY OF PALO ALO RWQCP LANDSCAPING PROJECT AUGUST 24, 2011 Siegfried Engineering, Inc. REPRESENT THE COST REQUIRED TO CONSIDER THE OPTION AS A STAND ALONE PROJECT THAT WILL SET OF MEETINGS AND APPROVAL AND BIDDING PROCESS. CITY OF PALO ALTO CONTRACT NO. C11136167 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Milestones Completion (Preliminary Design Phase) No. of Days From NTP 1. Provide AutoCAD Site Plan 30 2. Advisory kick-off Meeting 50 3. Internal Meeting 100 4. Second Advisory Committee Meeting 120 5. Third Advisory Committee Meeting 175 6. Completion of Board, Commission, and Planning Department review and Draft Initial Study 355 7. Final Advisory Committee Meeting 380 Milestone Completion (Final Design Phase) No. of Months From NTP 1. Assuming Council approval, commence final design process and plan Advisory Committee, Art Commission and Plant Palette subcommittee Meetings. October 2011 2. Tree walkthrough with Advisory Committee members to discuss tree condition and those trees that will be removed from the RWQCP construction site October 2011 3. Assist in review of Canopy proposal to make October 2011 RWQCP landscaping project a demonstration site. 3. Submit final design, draft initial study and MND to Planning and begin formal review-includes Commissions and Council meetings. February 1, 2012 5. Complete formal review. June/July 2012 6. Draft and process construction contract. Summer, 2012 7. Plant/construct. Fall, 2012 8. Completion of construction. Spring, 2013 CITY OF PALO ALTO CONTRACT NO. C11136167 EXHIBT C COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed $279,740.00. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $284,740.00. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s project manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $279,740.00 and the total compensation for Additional Services does not exceed $284,740.00. Original Contract Not to Exceed Amount ……………………..$ 86,990.00 Revision 1 Amount …………………………………... ……….$ 4,952.00 Amendment 1 (Revision 2) Not to Exceed Amount .…. ………$187,798.00 Revised Contract Not to Exceed Amount ……………………$279,740.00 Amendment 1 Additional Services ………………….………….$ 5,000.00 Total Contract Not to Exceed Amount ………….………….. $284,740.00 Attachment B–Project sites / """" ."'",.. REGIONAL WATER QUALITY CONTROL PLANT LANDSCAPING PROJECT AND IMPROVEMENTS TO THE HOUSEHOLD HAZARDOUS WASTE STATION SIEGFRIED ''''''''''' ..... o o """ """"" """­~""" INT19'IJOR LANDSGAPIN6 I~ Tone HCIlJ!!/:HOLD HAZAROOUS I'IASTE STATION THiS AREA TO BE INCLIJPEP IN nE 'f'ROf'OSEDSlTE ,OF A POTeImAL GOMPOSTlN6 F'~ILITY RWQCP2 Project Sites November 14, 2011 ! ""'" OW",.. o o REGIONAL WATER QUALITY CONTROL PLANT LANDSCAPING PROJECT AND IMPROVEMENTS TO THE HOUSEHOLD HAZARDOUS WASTE STATION SIEGFRIED o o INT19'IJOR LANDSGN'IN5 IMf'FIOIIEIoENTS TO TIE ~ H~ 1'I.'IS1E STATION !(./U I·.~ r RWQCP2 Project Sites November 14, 2011 ""'" IlIILDI~ D oeD \ o 0: o REGIONAL WATER QUALITY CONTROL PLANT LANDSCAPING PROJECT AND IMPROVEMENTS TO THE HOUSEHOLD HAZARDOUS WASTE STATION SIEGFRIED '-"'SOR .,"" " INTEfIJOR LANDSGN'IN5 I~ TOllE HCIlJ!lCHOU:> H~ I'I.'ISTE STATION RWQCP2 Project Sites November 14,2011 Attachment C–Perimeter Landscaping Conceptual Plan Embarcadero and Harbor Roads • W.TIv'E R...Ah'T co~mE5 • R/'i(X,f' Rf{..Y'CLE:> 11A.i'ER IJ5E LAR6;: SCJe:t.(t.;5 ~A.0N50 felCan,E' / MAINT:t..AN:::.e: au LDI'S • I"V\REHCOS;;: o ,,. l.) I I I _1E' -1E5TlN6 AND fOOD Ia't • ALL sc.~ TR;:E CIlAtfl'lltS. . ..e1L·1N (A'-AR:.A.5 Of VleIBl.E a~1D ~ Of PCO!'O. I-EAL 1'1-1 RfES. NO Tl<.fES PLAtot:::! OIlER EXISTINS %' PiPEliNE t..OR-.-j 5QIl E\C;J rLTER TERRAC,ED PLANT C,OMMUNIT IE5 REGIONAL WATER QUALITY CONTROL PLANT LANDSCAPING PROJECT Palo Alto, California SIEGFRIED i'>QRTI­ P!)<ED Fll~ RE,~rOR 'OUT!­"'IX~ FILM R£:A.GTOR INTEI<PR.ETIVE 51<50NA6E, InterpretIVe lnf'onnaUon c:l15p1ajed throu9"l IA"IIf'ormly c:leelg"lec:l elol'ln9 f'GII"Wle 1011 to the q-ound, no more thc::ri 3' tall. ThIe pt"'e&fW'VN \:he horizon liMe and rnc::tlc.n lnformGIt1On ea&1~ reac::lc:i:)le by all Vlelt<;)re, InGl~ dllid'"I!m. o ! 30 1"=60 Feel 60 I RWQCP4 PERIMETER LANDSCAPE -Conceptual Plan November 14, 2011 4 w<'TIv'E P...ANT C01+UImE5 -fV'iGIa' REc..'I'CLf7 )1.1.. TEl<. IJ5f LAR6;: SC!e:t-lNS ~"-otI5o FelCf'~I1\E / MAINT:I-.l>.N:::'E eu LDI'So • I"IAREHOI);.; !OIl '·0)0 , , 1a1 4"lJ. ~ TR;:;:~. ..eIL ·1N Cf'-AR::.~ OF 1/l5lBl.E ElIiIlD "'6 OF F'Oo:?R I-fA.l.TH~. It;I Tl<.EES PLAN'J£:l OV'ER. EXISTlNS q6' PiPEliNE "GRTH 5QIL~ r LTe~ TERRAC,ED PLANT C,OMMUNIT IE5 />C\ / I REGIONAL WATER QUALITY CONTROL PLANT LANDSCAPING PROJECT Palo Alto, California SIEGFRIED """T'­I'I)<ED FII_i"1 '''''''" -Ix~ I"ILM RE~TCR. Rl:AGTO'C. INTEI<FR.ETIYE 5ISNA6E, Int.rprettve Wormatlon c:l15pk::lyed ttlroug., LA"lIf'ormly c:le&1g"Iec:I &I0l'~ f'GII"Wl& IOVII to the q-ounc:l, no more thc::ri 3' tall. ThIe I""e&eI"VN \tie horizon 11n8& and n'Ic2kee lnformGItlOn ea&1~ reac:lc::i:)le by all v1&ltore, IflGludhg dliid-en. o JI) 60 I I 1"=60 Feel RWQCP4 PERIMETER LANDSCAPE -Conceptual Plan November 14, 2011 -N.t.T >IE P...ANT co:+tI'Ii'nE5 -1'V'iCY...P ~"""CLD )1oI..iER V5f ..AR6;: SG!e .... ~ ........... ONO fEtoICE!..ll\f / ZONE 3 L.V' .... , --, .. COASTAL S,.I6f SGR1.6 , 6RA56ES I MAINT::I-AN:::'E evLDI'S • 1'IAREHacJS.= • . . :;Xl5ntt:. . ""'" 1a1-Al!. ~ TR;:;~. ~IL·fN ~ AR:.~ OF VISIBLE BUlD ~ OF f'OO!" I-EAlTt-l ~5. It;I TJi.EES F'lAN1'E:l OVER. EXISTtNS "" PIPB..I~ t-OQ.T1"'I 501L ~ rLTE~ TERRAC,ED PLANT C,OMMUNIT IE5 / 516NAcSE PODIUM, Slqnaqe speGr.rGatrOt'l5 per Palo Alto 6ay1Cl1d~ Nature Preserve srt. A$$M$ment Gl"IC:I Pitsrgn 6urc::lelrne&. REGIONAL WATER QUALITY CONTROL PLANT LANDSCAPING PROJECT Palo Alto, California SIEGFRIED ""',... PlxeD FU .. "'1 RE~TOR. .,::ltJTl­ "IX=~ FILM R£.:..GTO'i: o I JO 60 I 1"=60 Feel RWQCP4 PERIMETER LANDSCAPE -Conceptual Plan November 14, 2011 Attachment D–RWQCP Interior Landscaping Conceptual Plan '-/ ) ~ C:j \ \, c 'J A!:n-' ~ STR ... .,,'" aJI~N6 _9_0 ____ · ---' . ---------:-~- [' ----==±==_=_EP=_:-:_:::::::::::::::=====::::_=::=!m ________ ---__ ~.-________ -. REGIONAL WATER QUALITY CONTROL PLANT LANDSCAPING PROJECT Palo Alto, California SIEGFRIED REFERENCE NOTES (2) CD CD 8 CD o (7) o o @ @ @ @ @ @ @ @ @ l"Jt~eOADJ\,..t.RI'JH(;5'ALl.WIT" CONc~n: fiR!: ~rC75 Cl'l51ING ADA "~NoG!\'TAlL PROI"OSfO TREe; ('!YI'ICot.U LAWN I'nA 'MC:IW!D. 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ADA rolJOOl.IG 5"AI..l. f'ItOPOSfO TItfO (I'(I"ICt.IJ LAWN /<IttA ~O , IAAI::;A,TeDl :5r1~Co' ANti GWVNOC()l,lf.C CONCUTf ADA IloWPS AN) ffWNOol[O OOt.1f5 etNCntS N~ f"ICN'C UfM.C!j INfeR.t.CICNlOG ""'I0Il'15 ~~!UI'ttI CR.055WAL.~ txJS1ING WOOD "'OUC TABI..I: TO l!tM"LN fXI:51lNG 1~{f'Yf!CIUJ fl/I5tlNG riO<lC T,o.eu' fitflOC .... 'W r.Mf't~vtW~GNWfNWtl "OG "A'" MOOInfO MOAT f"lMITU5 HNfW .... rOt ~ruu: Wftt1 ~Ro'ITI....: rOtJ~AJN i ,., !II " RWQCP5 RWQCP INTERIOR LANDSCAPE -Conceptual Plan November 14, 2011 Attachment E–RWQCP Interior Recycled Water Tank Detail . ,~ " I RECYCLED WATER TANK ~MWO STUCCO WAJ. v"TH fRECA5T CONCRETE eN' CASCADING SPillWAY 'P'LAmING l}' HIGH WAll AT GRAD~ COBBlf5TONE rONDI.f55 SY:lTeM REGIONAL WATER QUALITY CONTROL PLANT LANDSCAPING PROJECT Palo Alto, California SIEGFRIED I I I --1 ""--I .L RWQCP6 RWQCP INTERIOR LANDSCAPE -Recycled Tank November 14, 2011 . ,~ " I RECYCLED WATER TANK CASCADING SPillWAY 5MWO 'P'LAm-ING ~' HIGH WAll AT GRADe COBBlf5TONE rONDlf5~ 5Y:lTeM REGIONAL WATER QUALITY CONTROL PLANT LANDSCAPING PROJECT Palo Alto, California SIEGFRIED RWQCP6 RWQCP INTERIOR LANDSCAPE -Recycled Tank November 14, 2011 · . ~ " I RECYCLED WATER TANK CASCADING SPIll-WAY 5MWO l"L..AATING l!J1 HIGH WAll. AT GRAD~ COBBlf5TONE rONDLG~ ~Y:JTeM REGIONAL WATER QUALITY CONTROL PLANT LANDSCAPING PROJECT Palo Alto, California SIEGFRIED I I I RWQCP6 RWQCP INTERIOR LANDSCAPE -Recycled Tank November 14, 2011 Bid Summary 11/14/2013 IFB149920 PA RWQCP Landscaping Project Posted 11/01/2013 Closed 11/05/2013 Award 11/14/2013 Solicited: 10 Contractors, 12 Exchanges Recevied: 02 Bids (Bid Tabulation attached) BID SUMMARY CITY OF PALO ALTO Invitation for Bid: IFB149920 Title :CITY OF PA RWQCP LANDSCAPING PROJECT Date : October 18, 2013 List of Bidders (Company Name) Base Bid Total Alternate #1 Alternate #2 Alternate #3 Grand Total ~e /) Q L V\J\ :r::..r\ C l lJ)~ CoS/ ,00 ~, 2. ~\('cc:::..V\ C,.(cJI...J+\--.... t 15 1 3Q7.0D --I--- --- ._.- Page 2 Attachment E-RWQCP Landscaping Project Areas "' .. " ...... " ..... " ,,, .. eo"" .......... Attachment F- Project site at corner of Embarcadero Road and Harbor Road Interpretive sign discusses role of RWQCP in protecting San Francisco Bay New pedestrian trail extends from Embarcadero Way to Harbor Road to improve pedestrian safety Less-toxic weed management throughout project site Salinity monitoring site Existing post and swag chain fence removed Existing mature, healthy, vegetative screening retained throughout project site Attachment G- Final design of entrance to RWQCP/Household Hazardous Waste Station and art installation Percent for Art Program The Palo Alto Art Commission selected artist Martin Webb’s proposal. The installation features carved, reclaimed wooden four-sided wooden posts embedded with metal. The design conveys a Baylands theme. Landscaping image is a graphic representation and does not reflect actual plant material to be used. Attachment H- Interior RWQCP Final Design Interpretive sign Gathering and seating areas for tours Reduced turf and exclusive use of recycled water for interior and exterior project areas Improved wayfinding and pedestrian safety throughout the RWQCP Partner agency manhole cover “walk of fame” Attachment I-Recycled Water Tank Seating Area for tours (mural to be added at a later time)