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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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~
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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
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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
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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
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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
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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
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~ 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
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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
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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
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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
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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
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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.
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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.
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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)
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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)
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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
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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
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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. SI*!\ll<illsf,.t:!l\flronrl1:en!~I.ComplJ"tlce
9115' on'lllloAlto, Public WOr]<sOllpaltment ~Sidh~1 Waier QuallIYGopti'd1 Fila~tP!\{lslon
SubJ'Elcl: "'rnal O!l.sISI1~f tl'l~ R'IlIQCP LllltdsCllPI"SiP,oJ~~t
OilY oiRa/oAM, Begil'lilal Water QualitY C01!lroll;>!!atlt
Atl!;19hedin Ihe·folil:)wl1'!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~<lII!yC!lntro! PI.<ln! (RWOPP) landsoaping.project.
lthilli b~en QLlt Ple$L!fetQWo~w,nh lheC;ity.oil.lh'" pr .. llffi!!ljlt}'d!!iilJlihlli lorthllR'NOpP;andWe. aree,xC/t",d t9~Clmli1\.l.e.o4r jqur.nely.v!cjJ"r:epa~t.hef[llitld~Slgh,,: fOr WSPrl>Je~t . Ov.er lI1e.!a$tYElllr.Sfegfried IJ?S eS\ablisf!ed ~ I;trQnsrelatlonlihips
wlttrlhe "C1\)IEll\d RWQCP.staffmemb!)f$,andfof thl$P/lI\~",w(!,wltlt9l1trOtie to provide the.l!arne ,'\Wei uf enll1U$r~m,
tecMlcalab)lily, ani;! dedi$ali¢n1n:at ~pu haVe corne to el<pecti'raI1iSfe\jffied,
Addi\lpm!:tIIY,our teaj(j WIlll;piltioue!pt:ll\>lIlde ttJ<;GltY Wfll1.~ lel,!el()f$€tVi~.!mmatched. bYQlherl!rmil. A$\,otl.h<"iveslilen;
pur firm's oQI~ult1 thrives onQ.ut,p"'IhIl'!llilllhinlijnli,ll!nilv,eare~¢ilfId rQ¢Qnlir1~", providing inno\i<i\!IYeJ!olutlOi1.$,
ifi.ai1k )1oUfof th~.opportLlnlty.lq· \lroV!(,jeflri<l! d.Misn!> <lha We rook fo/l,Va!'dtCl t;qntllulng· our .sfr6n9rit1a~{m~trip witn the Ci\y
o/Palp A110 li\ndlheRWQC~s,ll!ff,
Pau[J, Sqhnefd~r, f'\t:;,
Vice PreSillenl, Pr1I1cip.iI.liH:::harge
Slegfr1!'ld ..
(:fl:.'fl 'ENt;;',IIIl-fJ,£.Hi:na _" G;ll"l\}C'f\HUiL 0N(d,~ii2\~JtiNI;, ~ _I !\hb :·,uH'\/~','fit1,L> ,,-if;' PLAMNlr)<3
Sie{lfriori Er1girmtirinu, frld'. !if ~,4;iN3r{IO~l!idi1 Rond, S~Jjti.) lo0.StolJ.ktrm,'Ci('f:i'61h~ fii ral: (209) 94;3·2021 Iol il'l;(: {2Q:9)JJ42-0'.l4-'fj ""'lIjw.ai-oUfnjilrl(~ngA,,;-orf\
aaeQfU:neb
ItI1lJ\tl¢iil,1nl!: Iryh "Ii~lil)~, 'I?U!,,)Ij~s,
M~;J\lIiE,W!iiS$
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
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Attachment D–RWQCP Interior Landscaping Conceptual Plan
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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
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Attachment E-RWQCP Landscaping Project Areas
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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)