HomeMy WebLinkAboutStaff Report 14415
City of Palo Alto (ID # 14415)
City Council Staff Report
Meeting Date: 6/20/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of Professional Services Contract Number C22184801 with
Construction Testing Services for On-Call Construction Dewatering and
Deconstruction Services in an Amount Not to Exceed $339,480 Over a 3-year
Term.
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that the City Council approve and authorize the City Manager or their
designee to execute Contract Number C22184801 with Construction Testing Services, Inc.
(Attachment A), for a not to exceed amount of $113,160 per year for three years for a total
amount not to exceed $339,480 for professional services for oversight and management of
excavation projects requiring temporary groundwater pumping (dewatering), and to assist in
implementation and support for the Deconstruction and Construction Materials Management
Ordinance.
Background
Construction Dewatering
Basement construction is often required for non-residential, mixed use and multifamily
residential buildings, particularly if underground parking is included in the proposal.
Additionally, the high value of land and housing in Palo Alto translates into residential property
owners seeking to increase their single-family homes by constructing basements. Basement
construction groundwater pumping occurs when a basement is constructed in areas of shallow
groundwater, typically in the neighborhoods closer to the bay or near former creek beds.
Perimeter wells are established to draw down the groundwater allowing for construction of the
basement. Dewatering continues until enough of the house or commercial structure has been
constructed to keep the basement in place.
Over the years, basement construction groundwater pumping has generated public concern in
Palo Alto. Public concerns relate to the apparent wasting of water by discharging to storm
drains, potential impacts on groundwater elevation and flow volume, as well as potential
effects on neighboring properties, such as subsidence and cracks, and effects on trees and
other landscaping. To address these concerns, Council approved new requirements in February
2016, designed to minimize and standardize the process of pumping and discharge of
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groundwater from dewatering of below ground structures during construction (Staff Report ID
#6478). In March and December 2017, Council directed staff to make further enhancements
and codify these changes in the municipal code (Staff Report ID #7633 and #8580). The 2017
changes included improving the fill station performance, monitoring actual groundwater
elevation changes during dewatering, assessing impacts on nearby structures, clarifying
reporting requirements, limiting the number of weeks during which a residential project may
dewater, and requiring a hydrogeological study.
Public Works staff (with the assistance of a consultant) tracks this information during the
dewatering process. The table below is a summary of the projects requiring dewatering in the
last few years. Since the more restrictive requirements went into effect in 2018, the number of
non-exclusionary dewatering projects has greatly reduced.
Recent Dewatering Project Information
Year
Non-
Exclusionary
sites
Exclusionary
(Secant)
Sites
Groundwater
Pumped
(MGAL)
Water Discharged
to Storm Drain
(MGAL)
Reused
Water
(MGAL)
2019 7 1 121.0 112.6 8.4
2020 1 4 54.2 51.5 0.5*
2021 1 1 3.2 2.4 0.8
2022 0 2 TBD TBD TBD
*Some numbers may not total exactly due to inconsistencies and the changing out of flow meters through the
dewatering process.
The information on dewatering project types and amount of groundwater pumped, as well as
other information such as groundwater monitoring well drawdown and adjacent structure
surveys is collected and assessed to inform future potential updates to the groundwater
dewatering program.
Deconstruction
In June 2019, Council approved the Deconstruction and Construction Materials Management
Ordinance (Deconstruction Ordinance, Ordinance 5472/PAMC Title 5, Chapter 5.24, ID#10148)
with an effective date of July 1, 2020. The Deconstruction Ordinance applies to all residential
and commercial projects undergoing a whole structure demolition requiring a building permit
application for deconstruction on or after July 1, 2020. The objectives of the ordinance are to 1)
increase salvage and reuse to the highest extent possible and 2) increase the amount and
quality of recyclable materials for all construction and demolition projects, beginning with
whole structure deconstruction projects.
Permit applicants and project teams (including homeowners, general contractors, and
architects) require multiple interactions at different stages of the deconstruction projects
starting from when building permit applications are submitted. The Deconstruction Ordinance’s
success is dependent on detailed information being provided about the ordinance and
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scheduling consultations to explain the requirements and answering questions from the
applicants and their project teams.
In Fiscal Year 2021, the first year of the ordinance, the City’s Development Center received 44
building permit applications for residential and commercial projects that involved whole
structure demolition covered under the Deconstruction Ordinance. It is estimated there will be
over 60 permit applications for deconstruction projects in Fiscal Year 2022.
Discussion
Construction Dewatering
Under the stricter requirements now in place, applicants are required to submit a
hydrogeological study as part of their grading permit application, as well as to construct a
monitoring well for projects which require dewatering. The hydrogeological study is used to
design a dewatering system that minimizes the amount of groundwater pumped, while the
monitoring well is used to determine and record the depth to groundwater as the dewatering
system operates. The hydrogeological study is a permit requirement which requires evaluation
and validation by a licensed geotechnical or hydrogeological engineer before a dewatering
permit can be issued. Once a dewatering permit is issued, the project’s onsite monitoring well
must be monitored, and the data recorded on a regular basis. These tasks included in the
consultant scope of services require technical expertise that City staff do not have, as well as
site inspections, data collection, and data compilation and reporting which would greatly
reduce available staff time needed for regular plan review, permitting, and other development
related tasks. This contract is the successor to a previous contract which expired on June 6,
2021. The hydrogeological report review, monitoring, and data collection activities which were
introduced in 2017 required consultant assistance resulting in the previous contract. Prior to
the changes in 2017, dewatering program tasks were less significant and were managed by City
staff. The current hydrogeological report review, monitoring, and data collection activities will
continue through FY 2025.
Deconstruction
As the pandemic diminishes, the number of projects to meet the ordinance requirements will
continue to increase, and additional consultant support is needed. The support in the
consultant’s scope of work includes providing education and outreach material for applicants
and project teams virtually and in person, conducting inspection and site visits at each job site,
maintaining and documenting records, monitoring compliance and project inspection results,
and aggregating progress reports and associated metrics. In addition, staff needs support to
research and create strategies for expanding the applicability of deconstruction methods and
reuse requirements to additional projects such as renovations and partial demolition. An
additional $17,815 in funding was added to the contract deconstruction tasks from the
originally scoped fee to allow for more support as the program grows.
Competitive Solicitation
A request for proposals (RFP) for these projects was sent to prospective consultants and posted
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on the City’s eProcurement Platform, Planetbids, on April 7, 2022. One submittal was received
for this RFP.
Summary of Solicitation Process
PROPOSAL DESCRIPTION/NUMBER
ON-CALL DEWATERING & DECONSTRUCTION
RFP # 184801
Proposed Length of Project 3 years
Number of Vendors Notified 2214
Number of Proposal Packages Downloaded 19
Total Calendar Days to Respond to Proposal 21
Public Link to Solicitation https://pbsystem.planetbids.com/portal/25569/bo/bo-
detail/92798
Number of Proposals Received 1
Range of Proposal Amounts Submitted $95,345 annually
An evaluation committee consisting of representatives from Public Works Engineering Services
and Public Works Environmental Services reviewed the proposal. The committee carefully
reviewed the firm’s qualifications and proposal in response to the criteria identified in the RFP.
The committee reviewed the firm’s qualifications relative to its experience in evaluating
geotechnical and hydrogeological reports, excavation, grading, and dewatering methodologies,
data collection and reporting, the knowledge of deconstruction and reuse requirements, the
quality of their proposed project approach, performance on past projects, the qualifications of
the specific staff to be assigned to the project and understanding of the project’s goals.
The proposal from Construction Testing Services was selected based upon the depth and
quality of their experience with construction and deconstruction methodologies, experience
with other jurisdictions including the City of Palo Alto, and the qualifications of their proposed
team of staff. If this contract is not approved, staff would need to deprioritize other tasks to
focus on this work, resulting in longer Public Works plan and permit review times, delays in the
deconstruction program, and reduced technical oversight of dewatering hydrogeological
studies.
This contract is on the City’s professional services template, which permits the City to terminate
without cause/for convenience by providing written notice to the contractor. In the event the
City finds itself facing a challenging budget situation, and it is determined that City resources
need to be refocused elsewhere, the City can terminate for convenience. Other options include
termination due to non-appropriation of funds or amending the contract to reduce the cost, for
example, by reducing the scope of work. The contract may also be temporarily suspended by
written notice of the City Manager.
Timeline
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Upon execution of this contract, consultant services as defined in the contract scope of work
will be available to City staff as needed upon receipt of permit applications for projects which
will require construction-related dewatering or require a building permit application for
deconstruction.
Resource Impact
Funding for the dewatering portion of the contract services will be available in the Public Works
Department’s Engineering Services Division within the Planning and Development Services
Department General Fund FY2023 Operating Budget pending Council’s adoption of the FY2023
Budget, and dewatering permit fees will be collected to offset the budgeted expenses. The
deconstruction portion of the contract services will be funded throught the Refuse Fund
operating budget and is available in the FY2022 Adopted Refuse Fund Operating budget. The
funding sources breakdown is summarized in the table below.
Funding Source On-Call Services
Permit Fees $73,160
Refuse Fund $40,000
Total $113,160
Stakeholder Engagement
Development of the scope of services for this project included engagement of staff from the
following workgroups: Public Works Engineering Services and Environmental Services.
Policy Implications
This recommendation does not present any changes to existing City policies.
Environmental Review
This project is categorically exempt from the provisions of the California Environmental Quality
Act (CEQA) under Section 15306 of the CEQA guidelines.
Attachments:
• C22184801 CTS_PSA_Partially Executed
Professional Services
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CITY OF PALO ALTO CONTRACT NO. C22184801
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND
CONSTRUCTION TESTING SERVICES, INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 20th day of
June, 2022 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY”), and CONSTRUCTION TESTING SERVICES, INC.,
a California corporation, located at 2118 Rheem Drive, Pleasanton, CA 94588, Department of
Industrial Relations Registration Number 1000000948 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference:
RECITALS
A. CITY intends to manage excavation projects requiring temporary groundwater pumping
and implement and support the Deconstruction and Construction Materials Management
Ordinance (the “Project”) and desires to engage a consultant to provide on-call professional
services in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the
necessary professional expertise, qualifications, and capability, and all required licenses and/or
certifications to provide the Services.
C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this
Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described
in Exhibit A in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to
on-call agreements.)
CITY may elect to, but is not required to, authorize on-call Services up to the maximum
compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on-call Services only by advanced, written authorization
from CITY as detailed in this Section. On-call Services, if any, shall be authorized by
CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager,
as identified in Section 13 (Project Management). Each Task Order shall be in substantially
the same form as Exhibit A-1 entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of services, schedule of performance and
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maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for on-call Services shall be specified by CITY in the Task Order, based on
whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set
forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s
Project Manager within the time specified by the Project Manager, and upon authorization
by CITY (defined as counter-signature by the CITY Project Manager), the fully executed
Task Order shall become part of this Agreement. The cumulative total compensation due
to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the
amount of compensation set forth in Section 4. CONSULTANT shall only be compensated
for on-call Services performed under an authorized Task Order and only up to the
maximum compensation amount set forth in Section 4. Performance of and payment for
any on-call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through June 30, 2025
unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of Services under this Agreement. CONSULTANT shall complete the Services within the term of
this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE
OF PERFORMANCE”. Any Services for which times for performance are not specified in this
Agreement shall be commenced 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 term or the schedule for performance shall not preclude recovery
of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services shall be based on the compensation structure
detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses
specified therein, and the maximum total compensation shall not exceed Three Hundred Thirty-
Nine Thousand Four Hundred Eighty Dollars ($339,480). The hourly schedule of rates, if
applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum
compensation set forth in this Section 4 shall be at no cost to the CITY.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the Services performed and the applicable charges (including, if
applicable, an identification of personnel who performed the Services, hours worked, hourly rates,
and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule
of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of
completion of each task. The information in CONSULTANT’s invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the
address specified in Section 13 (Project Management) below. CITY will generally process and
pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
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by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it,
its employees and subcontractors, if any, possess 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 subcontractors, if any, have and shall maintain during the term
of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature
that are legally required to perform the Services. All 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 similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance 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 Services under this Agreement, as amended from time to time. 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 is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such
errors and omissions, any change order markup costs, or costs arising from delay caused by the
errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the 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 the CITY’s
stated construction budget by ten percent (10%) or more, CONSULTANT shall make
recommendations to 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. CONSULTANT acknowledges and agrees
that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be
deemed at all times to be an independent contractor and shall be wholly responsible for the manner
in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status
with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY
pertaining to or in connection with any retirement, health or other benefits that CITY may offer its
employees. CONSULTANT will be responsible for all obligations and payments, whether
imposed by federal, state or local law, including, but not limited to, FICA, income tax
withholdings, workers’ compensation, unemployment compensation, insurance, and other similar
responsibilities related to CONSULTANT’s performance of the Services, or any agent or
employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as
creating an employment or agency relationship between CITY and CONSULTANT or any agent
or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY
shall be construed as providing for direction as to policy and the result of CONSULTANT’s
provision of the Services only, and not as to the means by which such a result is obtained.
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SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign
or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s
obligations hereunder without the prior written approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without
effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement
will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the
parties.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the
Services to be performed under this Agreement without the prior written authorization of the City
Manager or designee. In the event CONSULTANT does subcontract any portion of the work to
be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and
omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY
agrees that subcontractors may be used to complete the Services. The subcontractor authorized by
CITY to perform work on this Project is:
Integrated Design 360, LLC, 101 Jefferson Drive, 1st Floor, Menlo Park, CA 94025
CONSULTANT shall be responsible for directing the work of any subcontractors and for any
compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning
compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts
and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with
the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign John Eudy, Vice
President of Operations, telephone: 925-596-4151, email: jeudy@cts-1.com as the
CONSULTANT’s Project Manager to have supervisory responsibility for the performance,
progress, and execution of the Services and represent CONSULTANT during the day-to-day
performance of the Services. If circumstances cause the substitution of the CONSULTANT’s
Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment
of a substitute Project Manager and the assignment of any key new or replacement personnel will
be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at
CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not
perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate
or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Mike Nafziger, Public Works Department, Engineering Division, 250
Hamilton Avenue, Palo Alto, CA 94301, Telephone: 650-617-3103, email
mike.nafziger@cityofpaloalto.org. CITY’s Project Manager will be CONSULTANT’s point of
contact with respect to performance, progress and execution of the Services. CITY may designate
an alternate Project Manager from time to time.
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SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without
limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications,
computations, models, recordings, data, documents, and other materials and copyright interests
developed under this Agreement, in any form or media, shall be and remain the exclusive property
of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights
which arise from creation of the work product pursuant to this Agreement are vested in CITY, and
CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual
property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall
make any of such work product 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 Services.
SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized
representatives to audit, at any reasonable time during the term of this Agreement and for four (4)
years from the date of final payment, CONSULTANT’s records pertaining to matters covered by
this Agreement, including without limitation records demonstrating compliance with the
requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain
and retain accurate books and records in accordance with generally accepted accounting principles
for at least four (4) years after the expiration or earlier termination of this Agreement or the
completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
[Option A applies 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
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an “Indemnified Party”) from and against any and all third party 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 attorney’s fees, experts fees, court costs and
disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents
or contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of
defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the
final judgment of a court of competent jurisdiction.
[Option B applies to any consultant who does not qualify as a design professional as
defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law,
CONSULTANT shall 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 attorney’s 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.
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16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active
negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of,
or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its
officers, employees, agents or contractors under this Agreement.
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
the expiration or early termination of this Agreement.
SECTION 16.A. LIMITATION OF LIABILITY.
16.A.1. LIMITATION OF LIABILITY OF CONSULTANT.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT
SHALL CONSULTANT BE LIABLE TO CITY, REGARDLESS OF WHETHER ANY CLAIM
IS BASED ON CONTRACT OR TORT, FOR SPECIAL, CONSEQUENTIAL, INDIRECT OR
INCIDENTAL DAMAGES OR FOR ANY LOSS OF PROFIT OR LOSS OF BUSINESS BY
CITY, EVEN IF CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY
SUCH POTENTIAL CLAIM, LOSS OR DAMAGE. EXCEPT AS PROVIDED IN THE
IMMEDIATELY FOLLOWING SENTENCE, IN NO EVENT SHALL THE TOTAL
AGGREGATE LIABILITY UNDER THIS AGREEMENT OF CONSULTANT TO CITY
EXCEED THE DOLLAR AMOUNT PROVIDED FOR IN SECTION 4 (“NOT TO EXCEED
COMPENSATION”) OF THIS AGREEMENT. CONSULTANT'S LIABILITY LIMIT SET
FORTH HEREIN SHALL NOT APPLY TO (1) DAMAGES CAUSED BY CONSULTANT'S
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (2) CONSULTANT'S OBLIGATIONS
TO INDEMNIFY AND DEFEND CITY PURSUANT TO SECTION 16 (“INDEMNITY”) OF
THIS AGREEMENT, (3) LIMIT CLAIMS OR GENERAL DAMAGES THAT FALL WITHIN
THE INSURANCE COVERAGE OF THIS AGREEMENT, (4) STATUTORY DAMAGES,
AND (5) WRONGFUL DEATH CAUSED BY CONSULTANT.
16.A.2. LIMITATION OF LIABILITY OF CITY. CITY’S PAYMENT
OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT OF
THE COMPENSATION PROVIDED FOR IN SECTION 4 (“NOT TO EXCEED
COMPENSATION”) OF THIS AGREEMENT. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE,
REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR
ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT OR THE SERVICES PERFORMED IN
CONNECTION WITH THIS AGREEMENT.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under
this Agreement is effective unless it is in writing in accordance with Section 29.4 of this
Agreement. No delay or failure to require performance of any provision of this Agreement shall
constitute a waiver of that provision as to that or any other instance. Any waiver granted shall
apply solely to the specific instance expressly stated. No single or partial exercise of any right or
remedy will preclude any other or further exercise of any right or remedy.
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SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in Exhibit
D, entitled “INSURANCE REQUIREMENTS”. 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 hereunder shall be provided through
carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to 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 additional 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
of CITY’s Risk 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. If the insurer cancels or modifies the insurance and provides less than thirty (30)
days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written
notice of the cancellation or modification within two (2) business days of the CONSULTANT’s
receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates
evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term
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 indemnification
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 terminated or the term has expired,
except as provided in Section 16.A (Limitation of Liability) of this Agreement.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material
obligations under this Agreement, in addition to all other remedies provided under this Agreement
or at law, the City Manager may terminate this Agreement sooner upon written notice of
termination. Upon receipt of any notice of suspension or termination, CONSULTANT will
discontinue its performance of the Services on the effective date in the notice of suspension or
termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the
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City Manager on or before the effective date in the notice of suspension or termination, any and
all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed,
prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such
work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the
Services rendered and work products delivered to CITY in accordance with the Scope of Services
up to the effective date in the notice of suspension or termination; provided, however, if this
Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be
obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services
provided in material conformity with this Agreement as such determination is made by the City
Manager acting in the reasonable exercise of his/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25,
27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made
in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of
CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will 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 Municipal Code and the Government Code of the
State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any
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conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by
the Regulations of the Fair Political Practices Commission, CONSULTANT will file the
appropriate financial disclosure documents required by the Palo Alto Municipal Code and the
Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended
from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person due to that person’s race, skin color, gender, gender
identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic
information or condition, 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.
22.2. CONSULTANT understands and agrees that pursuant to the Americans
Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to
the public, whether directly or through a contractor or subcontractor, are required to be accessible
to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a
manner that complies with the ADA and any other applicable federal, state and local disability
rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate
against persons with disabilities in the provision of services, benefits or activities provided under
this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby
incorporated by reference and as amended from time to time. CONSULTANT shall comply with
waste reduction, reuse, recycling and disposal requirements of 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 with the
following Zero Waste requirements:
(a) 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 of 30% or greater
post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any
submitted materials printed by a professional printing company shall be a minimum of 30% or
greater post-consumer material and printed with vegetable-based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with 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 Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no
additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from
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the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62
(Citywide Minimum Wage), as amended from time to time. In particular, for any employee
otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a
calendar week within the geographic boundaries of the City, CONSULTANT shall pay such
employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030
for each hour worked within the geographic boundaries of the City of Palo Alto. In addition,
CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in
accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. 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, as amended from time to
time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the
event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of the fiscal year and funds for this
Agreement 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 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related
requirements. CONSULTANT is not required to pay prevailing wages and meet related
requirements under the California Labor Code and California Code of Regulations in the
performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California
Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or
(3) is for a public works alteration, demolition, repair, or maintenance project of
$15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and
1773.3(j).
OR
26.1. This Project is subject to prevailing wages and related requirements as
a “public works” under California Labor Code Sections 1720 et seq. and related regulations.
CONSULTANT is required to pay general prevailing wages as defined in California Labor
Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section
16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY 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 State of California Department of Industrial Relations
(“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The
general prevailing wage rates are also available at the DIR, Division of Labor Statistics and
Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time
to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job
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sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall
comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code
(Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1,
1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable
implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code
of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to
time. CONSULTANT shall comply with the requirements of Exhibit E, entitled “DIR
REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works
construction, alteration, demolition, repair or maintenance, including but not limited to the
obligations to register with, and furnish certified payroll records directly to, DIR.
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For
purposes of this Section 27, a “9204 Public Works Project” means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or other public
improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code
Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in
Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is a 9204 Public Works Project and is required to comply with the
claims procedures set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204
Public Works Projects”.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to
CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential
Information in strict confidence, not disclose it to any third party, and will use it only for the
performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical
safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its
employees, agents and subcontractors, if any, to the extent they have a need to know in order to
perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose,
provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality
and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without
limitation “Personal Information” about a California resident as defined in Civil Code Section
1798 et seq., as amended from time to time) and materials, in any form or media, tangible or
intangible, provided or otherwise made available to CONSULTANT by CITY, directly or
indirectly, pursuant to this Agreement. Confidential Information excludes information that
CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it
was provided or has subsequently become publicly known other than by a breach of this
Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of
confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by
CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is
independently developed by employees of CONSULTANT without any use of or access to the
Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an
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authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential
Information to the extent required by order of a court of competent jurisdiction or governmental
body, provided that CONSULTANT will notify CITY in writing of such order immediately upon
receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing
so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in
the security of its systems or unauthorized disclosure of, or access to, Confidential Information in
its possession or control, and if such Confidential Information consists of Personal Information,
CONSULTANT will provide information to CITY sufficient to meet the notice requirements of
Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement,
CONSULTANT will honor any request from the CITY to return or securely destroy all copies of
Confidential Information. All Confidential Information is and will remain the property of the CITY
and nothing contained in this Agreement grants or confers any rights to such Confidential
Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the
terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its
conflict of law provisions.
29.2. 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 County of Santa Clara,
State of California.
29.3. 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 amount 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.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated
agreement between the parties with respect to the subject matter of this Agreement, and supersedes
all prior agreements, negotiations, representations, statements and undertakings, either oral or
written. This Agreement may be amended only by a written instrument, which is signed by the
authorized representatives of the parties and approved as required under Palo Alto Municipal
Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in
full force and effect.
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29.6. In the event of a conflict between the terms of this Agreement and the
exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall
control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if
any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this
Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and
reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when
executed by the authorized representatives of the parties, shall together constitute a single binding
agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is
selected below, is hereby attached and incorporated into this Agreement by reference as though
fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT E: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
EXHIBIT F: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204
PUBLIC WORKS PROJECTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS
ARE ATTACHED.
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CONTRACT NO. C22184801 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or Designee
CONSTRUCTION TESTING SERVICES,
INC.
Officer 1
By:____________________________
Name:__________________________
Title:___________________________
Officer 2
By:_____________________________
Name:___________________________
Title:____________________________
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Patrick Greenan, PE, President
President
Controller
Ryan Keegan, Controller
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT will provide the Services detailed in this Exhibit A, entitled “SCOPE OF
SERVICES”.
The scope of work for the on-call CONSULTANT is to assist City staff in the oversight and
management of excavation projects requiring temporary groundwater pumping (dewatering), and
assist in implementation and support to the Deconstruction and Construction Materials
Management Ordinance.
CONSULTANT services consists of five tasks:
Task 1 – Dewatering Site Inspection, Data Collection, and Reporting
Task 2 – Prepare a Dewatering Season End Report
Task 3 – Review Geotechnical Study and Dewatering Plans
Task 4 – Deconstruction Program Implementation
Task 5 – Deconstruction Program Development Support
DEWATERING
Task 1. Site Inspection, Data Collection and Reporting
The objective of this task is to monitor the rate and volume of groundwater pumped, groundwater
drawdowns, use of groundwater, and water quality, thereby assisting the CITY in managing the
dewatering activities. The data collection will enable accurate reporting and oversight of
dewatering activities, helping to minimize the negative effects that dewatering may potentially
have on the source and receiving environments. Continuous monitoring will assure the quality
and accuracy of anticipated analytical values during dewatering operations associated with the
installed system. Communication with City Staff is necessary for success of the monitoring
program.
For Sites Using Controlled Groundwater Pumping (Non-Exclusionary Technique):
1.1 Meet with City staff as needed (virtually/in person and/or field visits) to discuss
initiation and completion of projects, equipment set-up and oversight, site observations
and data collection and analysis.
1.2 Record and file drawdown levels at onsite monitoring locations daily during the two-
week warm-up period.
1.3 Record and file flow meter data for the settling tank discharge and water fill station
daily during two-week warm-up period.
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1.4 File water quality test results provided by City staff on a weekly (or less frequent) basis
for the duration of the dewatering activity. Prepare data to be uploaded to City website.
1.5 Record and file flow rate and drawdown data for each site every two weeks after the
two-week warm-up period.
1.6 Provide additional support as needed.
For Sites Using Groundwater Exclusionary Techniques (Cut-off or Secant Walls):
1.7 Meet with City staff as needed (virtually/in person and/or field visits) to discuss
initiation and completion of projects, equipment set-up and oversight, site observations
and data collection and analysis.
1.8 Record and file drawdown levels at onsite monitoring locations daily during the initial
two weeks.
1.9 Record and file drawdown levels at onsite monitoring locations weekly after the first two
weeks.
1.10 Record and file flow meter data for the settling tank discharge daily during two-week
warm-up period.
1.11 Record and file flow rate and drawdown data for each site on a bi-weekly basis after the
two-week warm-up period.
1.12 File water quality test results provided by City staff on a weekly (or less frequent) basis
for the duration of the dewatering activity. Prepare data to be uploaded to City website.
1.13 Provide additional support as needed.
For All Dewatering Sites:
1.14 Throughout the dewatering season, provide dewatering summary reports for all
dewatering projects to City staff as requested and/or respond to public requests for
information (per direction and/or approval from City staff). The reports will include,
but are not limited to, start/stop date, discharge flow rate, volume pumped, volume
reused, monitoring well readings, water quality results, and onsite worker activity.
1.15 CONSULTANT may be required to provide dewatering data to the public through a web-
based interface.
1.16 CONSULTANT will be required to provide and prepare water quality data in a requested
table form to City staff to be shared with the public via a City website.
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1.17 CONSULTANT may be required to correspond with the public regarding dewatering
inquiries.
1.18 Record the end date of each site’s dewatering operation and determine total volume
pumped and volume reused.
Task 2. Dewatering Season End Report
The Dewatering Season End Report will summarize the performance of the dewatering activities
construction season (typically April through October but may extend into winter months). Field
parameters and monitoring data will determine if dewatering activities were sufficiently planned
to minimize the volume of groundwater pumped and if data collection methods resulted in quality
control and accuracy.
2.1 CONSULTANT will prepare a Dewatering Season End Report for all sites. Report shall
include:
(a) Site-specific information such as dewatering start/end dates, average flow rate,
total volume pumped, amount reused, water quality, and any specific issues that
may have occurred at the site (such as design revision, rain delay, power outage,
etc.).
(b) Type of dewatering operation used at each site such as typical well-point
dewatering or cutoff wall design.
(c) Report should contain a summary of what went right, what went wrong, and
“lessons learned” with suggestions for revisions for improvement for the next
dewatering season.
Task 3 – Review Geotechnical Study and Dewatering Plans
The CONSULTANT shall review geotechnical studies and dewatering plans to ensure site
dewatering activities have been assessed for the most practical operational methodology, analytical
data and procedures, and the impacts of groundwater extraction are performed with reference to
the City’s Dewatering Policy and Plan Guidelines. This review will be performed by a licensed
Geotechnical Engineer registered in the State of California.
3.1 CONSULTANT will verify method of technical analysis used in the geotechnical
study.
3.2 CONSULTANT will verify calculations and assumptions
3.3 CONSULTANT will verify results of “reasonableness” of anticipated flowrate,
drawdown, and the determination of potential impacts.
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3.4 CONSULTANT will review revised geotechnical study, using points 3.1 through 3.3
above, in cases where the applicant had to stop work and perform a new study due to
inconsistency between actual flow meter data in the field and anticipated flowrate state
in the original geotechnical study.
3.5 CONSULTANT will provide the City with detailed review comments to bring the
Geotechnical Engineering Report in compliance with City requirements.
3.6 CONSULTANT will review Dewatering Plans to ensure compliance with applicable
geotechnical recommendations and City requirements.
DECONSTRUCTION
Task 4 - Deconstruction & Construction Materials Management Program Implementation
Implement the Deconstruction and Construction Material Management program in accordance
with adopted local ordinance and regulations.
4.1 Attend meetings and provide education and outreach material to project applicants
and contractors virtually and in person
4.2 Conduct inspections and site visits by ICC CALGreen Certified Inspectors at each job
site.
4.3 Maintain and document communication records, project compliance, and inspection
results.
4.4 Provide monthly and biannual progress reports and associated metrics.
Task 5 - Deconstruction and Construction Materials Management Program Support
Assist in the development and adoption of increased rigor of the local Deconstruction and
Construction Materials Management regulations.
5.1 Perform technical policy research, develop written strategies, and develop a program
phasing schedule for policy implementation.
5.2 Schedule, facilitate, and attend public engagement and coordination meetings with City
staff before for policy implementation.
5.3 Develop educational and outreach material and execute a campaign to support
community success of the policy implementation.
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EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions
of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this
Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services according to the schedule set forth in each task order.
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on-call agreements per Section 1 or
agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in
Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case
of Additional Services, provided in all cases that the schedule of performance shall fall within the
term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for 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 rate schedule attached as Exhibit C-1 up to the not to exceed
budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of
the tasks or categories listed below, provided that the total compensation for the Services,
including any specified reimbursable expenses, and the total compensation for Additional Services
(if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this
Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and
Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
TASK
NOT TO EXCEED
AMOUNT PER
YEAR
Task 1: Dewatering Site Inspection, Data Collection and Reporting (Staff
Engineer) $42,000
Task 2: Prepare a Dewatering Season End Report (Principal Engineer) $7,560
Task 3: Review geotechnical Study and Dewatering Plans (Geotechnical
Engineer) $23,600
Task 4: Deconstruction Program Implementation (Principal Engineer) $20,000
Task 5: Deconstruction Program Development Support (Project Manager) $20,000
Sub-total for Services (Not to Exceed Compensation) $113,160
Reimbursable Expenses (if any) $0
Total for Services and Reimbursable Expenses (Total Not to Exceed
Compensation per Fiscal Year) $113,160
Total for Services and Reimbursable Expenses (Total Not to Exceed
Compensation per Total Three Years) $339,480
Pricing above assumes the first fiscal year of work in 2023. Rates are subject to change based on
anticipated union increases in July 2024 and July 2025. Basis of charges is outlined in C-1
Schedule of Rates.
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REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead,
administrative support time/overtime, information systems, software and hardware,
photocopying, telecommunications (telephone, internet), in-house printing, insurance and
other ordinary business expenses, are included within the scope of payment for Services and
are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be
reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will
be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW,
AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR
AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY
CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL
INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE
AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL
INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE
ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS
POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE
CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE
OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE
FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
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EXHIBIT E
DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
This Exhibit shall apply only to a contract for public works construction, alteration, demolition,
repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement
with CONSULTANT without proof that CONSULTANT and its listed subcontractors are
registered with the California Department of Industrial Relations (“DIR”) to perform public work,
subject to limited exceptions. City requires CONSULTANT and its listed subcontractors, if any,
to comply with all applicable requirements of the California Labor Code including but not limited
to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but
not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq.,
as amended from time to time. This Exhibit E applies in addition to the provisions of Section 26
(Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement.
CITY provides notice to CONSULTANT of the requirements of California Labor Code Section
1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject
to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of
any contract for public work, as defined in this chapter, unless currently registered and qualified
to perform public work pursuant to Section 1725.5. It is not a violation of this section for an
unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and
Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract
is awarded.”
This Project is subject to compliance monitoring and enforcement by DIR. All contractors must
be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors
must also be registered with DIR. No contractor or subcontractor may be awarded a contract for
public work on a public works project unless registered with DIR. Additional information
regarding public works and prevailing wage requirements is available on the DIR web site (see
e.g. http://www.dir.ca.gov) as amended from time to time.
CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is
required to post all job site notices prescribed by law or regulation.
CONSULTANT shall furnish certified payroll records directly to the Labor Commissioner (DIR)
in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8
CCR Section 16461).
CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of
Labor Code Section 1776, including but not limited to:
Keep accurate payroll records, showing the name, address, social security number, work
classification, straight time and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively,
CONSULTANT and its listed subcontractors, in connection with the Project.
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The payroll records shall be verified as true and correct and shall be certified and made available
for inspection at all reasonable hours at the principal office of CONSULTANT and its listed
subcontractors, respectively.
At the request of CITY, acting by its Project Manager, CONSULTANT and its listed
subcontractors shall make the certified payroll records available for inspection or furnished upon
request to the CITY Project Manager within ten (10) days of receipt of CITY’s request.
CITY requests CONSULTANT and its listed subcontractors to submit the certified
payroll records to CITY’s Project Manager at the end of each week during the Project.
If the certified payroll records are not provided as required within the 10-day period, then
CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars
($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum
total of penalties from the progress payment(s) then due and payable to CONSULTANT.
Inform CITY’s Project Manager of the location of CONSULTANT’s and its listed subcontractors’
payroll records (street address, city and county) at the commencement of the Project, and also
provide notice to CITY’s Project Manager within five (5) business days of any change of location
of those payroll records.
Eight (8) hours labor constitutes a legal day’s work. CONSULTANT shall forfeit as a penalty to
CITY, $25.00 for each worker employed in the execution of the Agreement by CONSULTANT
or any subcontractor for each calendar day during which such worker is required or permitted to
work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar
week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through
1815 thereof, except that work performed by employees of CONSULTANT or any subcontractor
in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permitted
upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours
per week, at not less than one and one-half (1&1/2) times the basic rate of pay, as provided in
Section 1815.
CONSULTANT shall secure the payment of workers’ compensation to its employees as provided
in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONSULTANT shall sign and file
with the CITY a statutorily prescribed statement acknowledging its obligation to secure the
payment of workers’ compensation to its employees before beginning work (Labor Code 1861).
CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)).
CONSULTANT shall comply with the statutory requirements regarding employment of
apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will
be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage
and hour laws.
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EXHIBIT F
Claims for Public Contract Code Section 9204 Public Works Projects
The provisions of this Exhibit are provided in compliance with Public Contract Code Section 9204;
they provide the exclusive procedures for any claims pursuant to Public Contract Code Section
9204 related to the Services performed under this Agreement.
1. Claim Definition. “Claim” means a separate demand by the Contractor sent by registered
mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for
delay assessed by the City.
(B) Payment by the City of money or damages arising from the Services performed by, or on
behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise
expressly provided or to which the Contractor is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
2. Claim Process.
(A) Timing. Any Claim must be submitted to City in compliance with the requirements of
this Exhibit no later than fourteen (14) days following the event or occurrence giving rise to the
Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days
will result in its being deemed waived.
(B) Submission. The Claim must be submitted to City in writing, clearly identified as a
“Claim” submitted pursuant to this Exhibit, and must include reasonable documentation
substantiating the Claim. The Claim must clearly identify and describe the dispute, including
relevant references to applicable portions of the Agreement, and a chronology of relevant events.
Any Claim for additional payment must include a complete, itemized breakdown of all labor,
materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as
payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost.
Any Claim for an extension of time or delay costs must be substantiated with schedule analysis
and narrative depicting and explaining claimed time impacts.
(C) Review. Upon receipt of a Claim in compliance with this Exhibit, the City shall
conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt,
shall provide the Contractor a written statement identifying what portion of the Claim is disputed
and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual
agreement, extend the time period provided in this paragraph 2.
(D) If City Council Approval Required. If the City needs approval from the City Council
to provide the Contractor a written statement identifying the disputed portion and the undisputed
portion of the Claim, and the City Council does not meet within the 45 days or within the mutually
agreed to extension of time following receipt of a Claim sent by registered mail or certified mail,
return receipt requested, the City shall have up to three days following the next duly publicly
noticed meeting of the City Council after the 45-day period, or extension, expires to provide the
Contractor a written statement identifying the disputed portion and the undisputed portion.
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(E) Payment. Any payment due on an undisputed portion of the Claim shall be processed
and made within 60 days after the City issues its written statement. If the City fails to issue a
written statement, paragraph 3, below, shall apply.
3. Disputed Claims
(A) Meet and Confer. If the Contractor disputes the City's written response, or if the City
fails to respond to a Claim submitted pursuant to this Exhibit within the time prescribed, the
Contractor may demand in writing an informal conference to meet and confer for settlement of the
issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail,
return receipt requested, the City shall schedule a meet and confer conference within 30 days for
settlement of the dispute. Within 10 business days following the conclusion of the meet and confer
conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the
Contractor a written statement identifying the portion of the Claim that remains in dispute and the
portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be
processed and made within 60 days after the City issues its written statement.
(B) Mediation. Any remaining disputed portion of the Claim, as identified by the
Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor
sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator
within 10 business days after the disputed portion of the Claim has been identified in writing by
the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and
those mediators shall select a qualified neutral third party to mediate the disputed portion of the
Claim. Each party shall bear the fees and costs charged by its respective mediator in connection
with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim
remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws.
(i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but
not limited to, neutral evaluation or a dispute review board, in which an independent third party or
board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
(ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted
pursuant to this section shall excuse any further obligation, if any, under Public Contract Code
Section 20104.4 to mediate after litigation has been commenced.
4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor
within the time periods described in this Exhibit or to otherwise meet the time requirements of this
Exhibit shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by
reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time
requirements of this Exhibit, shall not constitute an adverse finding with regard to the merits of
the Claim or the responsibility or qualifications of the Contractor.
5. Interest. Amounts not paid in a timely manner as required by this section shall bear
interest at seven (7) percent per annum.
6. Approved Subcontractor Claims. If an approved subcontractor or a lower tier
subcontractor lacks legal standing to assert a Claim against the City because privity of contract
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does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower
tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on
behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was
performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor.
The subcontractor requesting that the Claim be presented to the City shall furnish reasonable
documentation to support the Claim. Within 45 days of receipt of this written request, the
Contractor shall notify the subcontractor in writing as to whether the Contractor presented the
claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a
statement of the reasons for not having done so.
7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section
9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim,
the parties may mutually agree to waive, in writing, mediation and proceed directly to the
commencement of a civil action or binding arbitration, as applicable; and (2) the City may
prescribe reasonable change order, claim, and dispute resolution procedures and requirements in
addition to the provisions of Public Contract Code Section 9204, so long as the contractual
provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this
section.
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