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HomeMy WebLinkAboutStaff Report 2308-18792.Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation Project Phase 1: Approval of Construction Contract, Construction Management Contract Amendment, and Addendum 12 to the Mountain View, Los Altos, and Palo Alto Agreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section 15301 (Repairs to Existing Facilities) City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: December 11, 2023 Report #:2308-1879 TITLE Regional Water Quality Control Plant Joint Intercepting Sewer Rehabilitation Project Phase 1: Approval of Construction Contract, Construction Management Contract Amendment, and Addendum 12 to the Mountain View, Los Altos, and Palo Alto Agreement on Project Funding; CEQA status – Exempt under CEQA Guidelines Section 15301 (Repairs to Existing Facilities) RECOMMENDATION Staff recommends that Council: 1) Approve and authorize the City Manager or their designee to execute the contract with SAK Construction, LLC in the amount of $7,347,700 for the Joint Intercepting Sewer Rehabilitation (Phase 1) Project, funded in Wastewater Treatment Enterprise Fund Capital Improvement Program, Project WQ-24000, at the Regional Water Quality Control Plant; 2) Authorize the City Manager or their designee to execute one or more change orders to the contract with SAK Construction, LLC for related, additional but unforeseen work that may develop during the project, the total value of which shall not exceed $734,770 or 10% of the contract amount, for a total not-to-exceed amount of $8,082,470; 3) Approve and authorize the City Manager or their designee to execute Amendment No. 1 to Contract No. C21176592E with Tanner Pacific, Inc. to increase the contract amount by $852,499 to provide construction management and inspection services during construction of the Joint Intercepting Sewer Rehabilitation (Phase 1) Project (CIP WQ- 24000). The revised total contract amount is not to exceed $852,500 including $775,000 for basic services and $77,500 for additional services; and 4) Approve and authorize the City Manager or their designee to execute Addendum No. 12 to the basic agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos. EXECUTIVE SUMMARY The Joint Intercepting Sewer Rehabilitation (Phase 1) Project will install a structural liner onto the interior surfaces of severely corroded concrete pipe, measuring 2,364 linear feet in length and 72 inches in diameter, near the Regional Water Quality Control Plant. The new liner will extend the life of the sewer pipe and prevent a future collapse of the concrete pipe in the absence of rehabilitation such as liner installation. Council approval is needed for a construction contract with a specialty contractor, a construction management contract amendment to oversee the contractor’s work, and an Addendum No. 12 to the Basic Agreement with Palo Alto, Mountain View, and Los Altos to repay costs for the construction work in Fiscal Year 2024 and 2025. BACKGROUND The Regional Water Quality Control Plant (RWQCP, Plant) owns and maintains a 72-inch diameter trunk sewer known as the Joint Intercepting Sewer, which conveys raw sewage from Mountain View, Los Altos, Los Altos Hills, and a portion of Palo Alto. There are other sewers leading to the RWQCP, but these are maintained by the Utilities Department, Stanford University, and the East Palo Alto Sanitary District. The Joint Intercepting Sewer was constructed in 1972 and consists of multiple sections of 60- inch and 72-inch diameter reinforced concrete pipes with gasketed bell and spigot joints. The original pipe is unlined with no external coating. The pipes are approximately 9,000 feet long. The pipeline’s alignment starts at a metering station located at 1151 San Antonio Road on the border of Palo Alto and Mountain View. The alignment runs northwest and below grade through the Baylands Nature Preserve and along the western edge of the City’s closed landfill. The pipeline ends at an influent junction box inside the RWQCP. The need for rehabilitation or replacement of the Joint Intercepting Sewer was first identified in the Long Range Facilities Plan (LFRP)1, which was accepted by the Council in July 20122. The need for rehabilitation was confirmed in 2020 via a condition assessment, which included closed circuit television (CCTV) inspection, sonar inspection, and visual inspections of the entire pipe length. Based on the findings, the downstream sections (approximately 2,364 feet) closest to the Plant exhibited the greatest deterioration. The lower section of pipeline has exposed and corroded structural rebar, spalling and cracked concrete, and noticeable offset and separation at some pipe joints and manholes. This Joint Intercepting Sewer Rehabilitation Phase 1 Project will rehabilitate the deteriorated 2,364-feet section of pipeline and manholes. A design contract was awarded to Jacobs Engineering Group, Inc. by Council on May 16, 20223. The design was completed in August 2023. 1 Long Range Facilities Plan for the Regional Water Quality Control Plant, 2012; https://www.cityofpaloalto.org/files/assets/public/public-works/water-quality-control-plant/lrfp-final-report-08- 2012.pdf 2 City Council, July 2, 2012; Consent Item #1; SR #2914, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2012/id-2914.pdf 3 City Council, May 16, 2022; Consent Item #7; SR #14164, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/2022/id.-14164.pdf Based on the 2020 sewer inspection, the upstream sections (approximately 6,600 feet to the metering station) show less severe deterioration and will be reassessed in the next five to ten years to establish the timing and need for the Phase 2 rehabilitation work. Attachment A is a figure showing the project phases. The Joint Intercepting Sewer’s maximum allocated flow capacity and cost sharing allocation for each partner agency is shown in Table 1 below. Maximum flow capacity is reached during high flow events during wet weather. Table 1: Maximum Flow Capacity Allocation and Fixed Cost Share Item Mountain View Palo Alto Los Altos Los Altos Hills Total Maximum Allocated Flow Capacity (million gallons per day) 50.00 14.59 12.00 3.41 80.0 Allocated Share (percent)62.50%18.24%15.00%4.26%100% ANALYSIS This Project will rehabilitate approximately 2,364 feet of the 9,000 feet of the Joint Intercepting Sewer from Manhole No. 4 to the Plant’s influent junction box (a.k.a., JB-0). This section of the pipe is shown in Attachment A as the Phase 1 project. Rehabilitation includes repair and recoating the interior of existing manholes and the influent junction box. An above grade temporary bypass pumping system consisting of pumps and piping will be installed in the vicinity of the existing sewer pipeline to allow the contractor to access, clean, inspect, and rehabilitate the interior of the sewer line and manholes. Pipe rehabilitation will use the cured- in-place pipe (CIPP) method, in which a resin-impregnated liner is inserted, expanded, cured, and adhered onto the existing pipe’s interior surfaces. The cured liner will become a new pipe inside the existing host pipe, providing structural strengthening as well as smoother and corrosion resistant surfaces that will not reduce the trunk sewer’s service capacity. Its service life is expected to be extended by 25 to 50 years. This method will result in minimal site disturbance and require the least amount of construction staging area compared to other repair methods such as open trench pipe replacement. The Utilities Department has utilized CIPP lining on City sewers, having rehabilitated approximately 23,025 feet (4.36 miles) of the City’s pipes ranging from 6 inches to 42 inches in diameter. Construction activities are expected to take place inside the RWQCP (30 percent of the work) and outside the RWQCP (70 percent of the work) along the alignment of the sewer interceptor on small undeveloped areas outside the plant’s fence line and gravel access road west of Byxbee Park. Temporary fencing will be set up along the boundary of the project site. Construction fences will have six to eight inches of openings at the bottom to allow wildlife to pass through the area. Screening will be attached to project fencing to reduce noise and light outside the construction area. An informational site map showing the URL to the project’s website and detour signs will be set up on trails at appropriate locations. Construction activities lasting up to five months will occur during daytime only and traffic will be limited to material and fuel deliveries. When construction vehicles travel outside of fenced work area, traffic control flaggers will walk ahead and behind each truck to ensure public safety. The contractor’s personnel will be onsite 24/7 to monitor the temporary bypass pumping system, which is expected to last two to four months. The temporary bypass pumps will be enclosed to comply with noise ordinances while pumps and piping will be sealed to contain odors. Illumination, as needed to meet OSHA safety requirements at the bypass pumps, will be soft lights with directional shields and with on/off switches. City staff will coordinate with other projects in the Baylands (e.g., the Horizontal Levee Project) to minimize schedule and parking impacts. A biological survey was conducted by two qualified biologists from the project’s design consultant, Jacobs Engineering Group, Inc., on March 1, 2023 at the proposed project site and throughout a 250-feet buffer zone beyond the perimeter of the project site. The field survey showed no sensitive habitat within the project site and found that construction activities are not anticipated to directly or indirectly impact adjacent aquatic resources or special-status plants and animals, which were determined to be absent or unlikely to occur within the project footprint. Special-status birds, including salt marsh common yellowthroat, Alameda song sparrow, and burrowing owl, could nest outside and near the project footprint. Preconstruction surveys for nesting birds and burrowing owls will be conducted at 24 days and at 24 hours prior to the start of field construction activities. If active nests are detected, buffers around nests will be established to ensure breeding is not disrupted or adversely impacted by construction. With these measures in place, potential adverse impacts to special status animals will be avoided or minimized. Bid Process On August 29, 2023, the City solicited formal bids from qualified contractors for this Project. The bidding period was 49 calendar days. Three bids were received on October 16, 2023, with bid prices ranging from $7,347,700 to $11,051,740 as listed in the attached Bid Summary (Attachment B). Table 2: Summary of Invitation for Bids Project Bid Name/Number Joint Intercepting Sewer Rehabilitation (Phase 1) Project, IFB #189237 Proposed Length of Project 9 months after Notice to Proceed Total Days to Respond to Bid 49 Table 2: Summary of Invitation for Bids Mandatory Pre-Bid Meeting Yes Number of Company Attended Pre-Bid Meeting 9 Number of Bids Received:3 Base Bid and Additive Alternate Price Range $7,347,700 to $11,051,740 Public Link to Solicitation https://procurement.opengov.com/portal/palo-alto- ca/projects/58535/document Staff has reviewed all bids submitted and recommends the bid of $7,347,700 submitted by SAK Construction, LLC be accepted and SAK Construction, LLC be declared the lowest responsible bidder. The base bid is 7.3% above the engineer's estimate of $6,850,287 and is within the expected level of estimating accuracy. A contingency amount of $734,770 (10% of the bid price) is requested for related, additional but unforeseen work that may develop during the project. Staff confirmed with the Contractor's State License Board that the contractor has an active license on file. It is recommended that Council approve and authorize the City Manager or their designee to execute the contract with SAK Construction, LLC4. Construction Management Contract Amendment The RWQCP capital program requires specialized consultant services to manage the construction and inspection of construction contract work. These services are an extension of staff and essential for providing quality assurance to ensure that: 1) the construction contractor is adhering to the project-specific specifications and contract requirements; and 2) the City is receiving the as-designed infrastructure in an efficient, timely, and coordinated manner. On June 21, 2021, Council approved five separate five-and-a-half-year contracts (Contract Nos. C21179265A through C21179265A E) with MNS Engineers, Inc.; CDM Smith; Carollo Engineers, Inc.; MCK Americas, Inc. and Tanner Pacific, Inc. for RWQCP On-Call Construction Management and Inspection Services with a total not-to-exceed amount of $1 for each contract5. On September 8, 2023, staff requested proposals from all five construction management consultants for Task 4 Services for the Joint Intercepting Sewer Rehabilitation (Phase 1) Project. No proposals were received initially on October 6, 2023. To ensure timely construction completion, staff reached out to all five consultants to request a proposal by November 7, 2023. The five consultants are experiencing resource constraints due to multiple, ongoing, Bay 4 SAK Construction, LLC., Construction Contract for the Joint Intercepting Sewer Rehabilitation (Phase 1) Project, C24189237; https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/water-quality-control-plant/files- for-staff-reports/joint-intercepting-sewer/c24189237_sak-construction-contract-for-sr1879.pdf 5 City Council, June 21, 2021; Agenda Item #21; SR #12324, https://www.cityofpaloalto.org/files/assets/public/v/2/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-12324.pdf Area construction projects. Furthermore, specialty inspectors are limited for the key tasks of CIPP lining and fusion of high density polyethylene bypass piping. On November 7, 2023, staff received a proposal from Tanner Pacific, Inc. who previously provided construction management and inspection services to the City of Mountain View for their large diameter sewer pipe rehabilitation project, which utilized CIPP technology similar to this project. Mountain View staff provided positive feedback regarding Tanner Pacific’s construction management services in Mountain View. Staff recommends that Council approve and authorize the City Manager or their designee to execute Amendment No. 1 to Contract No. C21179265E (Attachment C) with Tanner Pacific, Inc. to: 1) add Task 4 Services to provide construction management and inspectional services during the construction of the Joint Intercepting Sewer Rehabilitation (Phase 1) Project; and 2) increase compensation by $852,499, from $1 to $852,500. A 10% contingency has been included with the requested amount. Partner Agencies Agreements The Joint Intercepting Sewer receives flows from Mountain View, Los Altos, Los Altos Hills, and a portion of Palo Alto. Addendum No. 12 (Attachment D) is added to the Basic Agreement between Palo Alto, Mountain View, and Los Altos. Addendum No. 12 was approved by the Cities of Mountain View and Los Altos on December 5, 2023 and November 28, 2023, respectively. The City’s agreement with Los Altos Hills does not require approval for capital improvement projects. Addendum No. 12 covers: •agreement by all partners to construct the Phase 1 Project by rehabilitating the 72-inch- diameter Joint Intercepting Sewer from Manhole No. 4 to the Influent Junction Box JB-0; •the maximum amount of funding authorized by all partners for the construction of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, including design engineering, construction management, program management, and construction costs; and •agreement by all partners to provide for the sharing of costs associated with this project. Staff recommends that Council approve Addendum No. 12 (Attachment D) to the basic agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos. After construction commencement, the submittal review process will take three to four months. Construction field activities will be performed during the dry season in 2024 (around mid-April to End of September). Field activities, including mobilization and demobilization, materials procurement, equipment set up and construction work are anticipated to take approximately five months to complete. The Project is expected to achieve substantial completion by September 16, 2024, with final completion by September 30, 2024. FISCAL/RESOURCE IMPACT Funding for project construction is available in the FY 2024 Capital Budget (WQ-24000). Mountain View, Palo Alto, Los Altos, and Los Altos Hills will fund the project in accordance with the percentages shown in Table 3 below. Table 3: Cost Share Item Unit Mountain View Palo Alto Los Altos Los Altos Hills Total Trunk Line Cost Share %62.50%18.24%15.00%4.26%100% Some of the project expense included in the total project cost of $8.9 million is for the work on the RWQCP site described in Bid Item 6 (approximately $1,896,995), and is the responsibility of all six partner agencies, because the RWQCP continues to use the 72-inch Joint Intercepting Sewer to receive and convey the RWQCP plant-wide return flows to the headworks (e.g., from building sewers, clarifier scum overflow, grit washing process drain, etc.). Each partner is contributing to the return flows. As such, the East Palo Alto Sanitary District and Stanford University will also share in project expenses for the in-plant bypass pumping systems, along with Mountain View, Palo Alto, Los Altos, and Los Altos Hills. The specific bid item for in plant sewer bypassing will be split between all partners based on their share of the ongoing pay-as- you-go capital budget. Palo Alto’s share of the onsite bypassing work cost to be shared by all partners is estimated to be about 35% (i.e., about $663,379 of the estimated $1,896,995 expense). Actual cost share will be calculated after project completion based on wastewater flows and strength contributed by each partner for 2024. Table 4 shows the estimated total project construction expenses. See Attachment E for a detailed cost breakdown. Table 4: Not-to-Exceed Construction Expense by Partner Agencies Partner Agency Cost Sharing Mountain View $5,159,619 Palo Alto $1,947,106 Los Altos $1,262,089 Los Altos Hills $338,516 East Palo Alto Sanitary District $104,904 Stanford University $122,736 Total Not-to-Exceed Construction Expense including 10% contingency $8,934,970 STAKEHOLDER ENGAGEMENT This project is part of the RWQCP’s major capital improvement program funded by the City of Palo Alto and its five partner agencies who use the RWQCP for wastewater treatment. The five partner agencies are regularly updated on both the need for and the progress of wastewater treatment capital work. Updates are provided each year at an annual meeting and at other periodic meetings established to inform partner agency staff about the major capital improvement program. With respect to Palo Alto itself, the open meetings on the budget process serve as the main vehicle for engaging the community on both new projects such as this and associated rate impacts. Staff reached out to Mountain View, Los Altos, and Los Altos Hills staff to explain the project and cost allocation. Mountain View completed CIPP relining work on a 42-inch diameter sanitary sewer near Shoreline Park in March 2022. Given Mountain View’s experience, staff conducted outreach with Mountain View’s engineering and operational staff to understand key issues associated with CIPP installation in a public park. In addition, staff has coordinated with the Community Services Department and other Public Works Department staff to coordinate construction activities, bypass pumping, access, and trail detours in parkland and at the closed landfill. On February 28, 2023, staff presented the project to the City’s Parks and Recreation Commission6. Recommendations received from the commissioners were incorporated into the project’s contract documents. ENVIRONMENTAL REVIEW The construction of this project has been determined to be exempt from CEQA under CEQA Guidelines Section 15301, subsection (b) as it involves the repair and maintenance of an existing publicly-owned utility used to provide sewerage treatment services with no expansion on the existing facility. A Notice of Exemption was submitted to and recorded by the State Clearing House and Santa Clara County Clerk-Recorder’s Office on August 7, 2023 (File No. ENV24700). 6 Parks and Recreation Commission, February 28, 2023; Agenda Item #4; https://www.cityofpaloalto.org/Departments/Community-Services/Other-Services/Commissions/Parks-and- Recreation-Commission/PRC-Current-Year-Agendas-and-Minutes ATTACHMENTS Attachment A: Site Map Showing the Project Phases Attachment B: Bid Summary Attachment C: Amendment No. 1 to Contract C21179265E with Tanner Pacific, Inc. for Construction Management and Inspection Services Attachment D: Addendum No.12 to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos Attachment E: Partner Agencies Cost Share Summary APPROVED BY: Brad Eggleston, Director Public Works/City Engineer Leg e n d ±Condition Assessment Figure Exp o r t e d : 7 / 2 9 / 2 0 2 0 B y : k b r a d l e y U s i n g : \ \ w o o d a r d c u r r a n . n e t \ s h a r e d \ P r o j e c t s \ R M C \ S J \ 0 3 8 - 0 1 4 P a l o A l t o R W Q C P P r o g r a m M a n a g e m e n t \ B . P r o g r a m M a n a g e m e n t \ 7 . O t h e r P r o j e c t s \ 7 2 I n c h C o n d A s s e m t \ C A \ M a p s \ P a l o A l t o _ 7 2 I n c h . m x d Project #: 0038014.01Map Created: July 2020 0 0.1 0.20.05 Miles Third Party GIS Disclaim er: This m ap is for reference and graphical purposes only and should not be relied upon by third parties for any legal decisions. Any reliance upon the m ap or data contained herein shall be at the users’ sole risk . Data Sources: !Manholes and Structures Future Phase 1 REGIONAL WATER QUALITY CONTROL PLANT REGIONAL WATER QUALITY CONTROL PLANT FLOWFLOW FIGURE 7: RECOMMENDED PROJECT PRIORITIZATION 21 Palo Alto Trunk Sewer Trunk Sewer Interceptor Attachment A: SITE MAP This Proje c t ATTACHMENT B: BID SUMMARY $6,850,287 $7,347,700 $10,365,324 $11,051,740 LOWEST RESPONSIVE BID ENGINEER'S ESTIMATE SAK CONSTRUCTION, LLC MICHELS TRENCHLESS, INC. INSITUFORM TECHNOLOGIES, LLC BIDDERS Page 1 of 27 Vers.: Aug. 5, 2019 AMENDMENT NO. 1 TO CONTRACT NO. C21179265E BETWEEN THE CITY OF PALO ALTO AND TANNER PACIFIC, INC. This Amendment No. 1 (this “Amendment”) to Contract No. C21179265E (the “Contract” as defined below) is entered into as of December 11, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TANNER PACIFIC, INC., a corporation, located at 274 Redwood Shores Parkway, Suite 607, Redwood City, CA 94065 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties to provide construction management and inspection services on an on-call, as-needed, time-limited basis in connection with individual projects or inspection tasks at the Regional Water Quality Control Plant (RWQCP), as detailed therein. B. The Parties now wish to amend the Contract in order to add Task Order No. 1 services (referred to as Work Order No. 4) for construction management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, and to increase compensation by Eight Hundred Fifty-Two Thousand Four Hundred Ninety-Nine Dollars ($852,499.00), from One Dollar ($1.00) to Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00), as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C21179265E between CONSULTANT and CITY, dated June 21, 2021. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: “The CITY is engaging multiple consultants, including CONSULTANT, that are eligible to respond with proposals to the CITY’s project-specific Task Orders under the process described in Exhibit A. 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 DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 2 of 27 Vers.: Aug. 5, 2019 expenses specified therein, and the maximum total compensation shall not exceed One Dollar ($1), unless CITY selects CONSULTANT, according to the process in Exhibit A, to perform services under a Task Order not to exceed Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500) over the term of the Agreement. No pre-qualified consultant, including the CONSULTANT under this Agreement, is guaranteed selection or assured of any minimum quantity of work to be performed. In the event CONSULTANT is not selected to provide Services under a Task Order, no payment is due from CITY. 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. A. The City has selected CONSULTANT to perform Work Order #4, for construction management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, in the amount not to exceed Seven Hundred Seventy-Five Thousand Dollars ($775,000.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00). Optional Additional Services Provision (This provision applies only if checked and a not-to- exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to- exceed compensation amount of Seventy-Seven Thousand Five Hundred Dollars ($77,500.00) for the performance of Additional Services (as defined below). The total compensation for performance of the Basic Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Eighty Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00) as detailed in Exhibit C. “Additional Services” means 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 a Task Order issued under Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized 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 maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 3 of 27 Vers.: Aug. 5, 2019 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 to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.” SECTION 3. The following exhibit(s) to the Contract are hereby amended, as indicated below, to read as set forth in the attachment(s) to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A-2” entitled “PROFESSIONAL SERVICES TASK ORDER NO. 1, AMENDMENT NO. 1” (ADDED). b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1” (AMENDED, REPLACES PREVIOUS) c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 1,” (AMENDED, REPLACES PREVIOUS). d. Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDMENT NO. 1” (AMENDED, REPLACES PREVIOUS). SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 4 of 27 Vers.: Aug. 5, 2019 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO ______________________________ City Manager or Designee APPROVED AS TO FORM: ______________________________ City Attorney or Designee TANNER PACIFIC, INC. Officer 1 By:______________________________ Name:___________________________ Title:____________________________ Officer 2 By:______________________________ Name:___________________________ Title:____________________________ Attachments: Exhibit “A-2”: PROFESSIONAL SERVICES TASK ORDER NO. 1 Exhibit “B”: SCHEDULE OF PERFORMANCE Exhibit “C”: COMPENSATION Exhibit “C-1”: SCHEDULE OF RATES DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 President/CEO William Tanner Board Secretary Kathryn Tanner Page 5 of 27 Vers.: Aug. 5, 2019 EXHIBIT “A-2” PROFESSIONAL SERVICES TASK ORDER NO. 1 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. C21179265E 1A. MASTER AGREEMENT NO.: C21179265E 1B. TASK ORDER NO 1: Work Order No. 4 for Construction Management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project 2. CONSULTANT NAME: Tanner, Pacific, Inc.. 3. PERIOD OF PERFORMANCE: START: Immediately Once Notice to Proceed (NTP) is Issued; COMPLETION: On or before December 31, 2024 4 TOTAL TASK ORDER NO. 1 PRICE: $775,000 BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: $0 5. WBS/CIP: WQ-24000-080 6. CITY PROJECT MANAGER: Siew Ching Chin, Public Works Department, Environmental Services Division, RWQCP 7. DESCRIPTION OF SCOPE OF SERVICES 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: Task Order No. 1 Scope of Services, including Schedule of Performance and Compensation Schedule TASK ORDER NO.1 SCOPE OF SERVICES WORK ORDER NO. 4: CONSTRUCTION MANAGEMENT OF THE JOINT INTERCEPTING SEWER REHABILITATION PHASE 1 PROJECT Task 1: General Requirements/ Project Management 1. For any work which requires licensing, the CONSULTANT shall be appropriately licensed in accordance with the laws of the State of California. The cost for any required licenses or training shall be the responsibility of the CONSULTANT and shall not be expensed as part of this contract. DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 6 of 27 Vers.: Aug. 5, 2019 2. Special requirements: a. Project Manager shall have a minimum of 15 years of relevant construction management experience. b. Resident Engineer shall have a minimum of 5 years of construction management, cured-in-place pipe (CIPP), and confined space entry experience. c. Staff’s related construction experience (years and projects) shall include: i. Minimum 5 years of demonstrated experience in large diameter pipeline rehabilitation projects using CIPP lining, coordinating wastewater treatment facility process shutdowns, and overseeing high- volume bypass operations. NASSCO CIPP lining inspector certification is required. Municipal wastewater treatment operations experience is a bonus. ii. Minimum 5 years of demonstrated experience in inspection of concrete repairs, surface preparations and coating applications. iii. Minimum 5 years of demonstrated experience in inspection of high- density polyethylene (HDPE) pipe fusion and installation. d. During construction when there is a need to replace the proposed personnel, CONSULTANT shall submit the associated resume and minimum two references (names, agencies, email addresses, and phone numbers) for each of their proposed Project Manager, Resident Engineer, and specialty inspectors for HDPE pipe fusion and CIPP lining for City Project Manager’s review and approval. 3. CONSULTANT shall prepare and submit to the City a Project Management Plan to include schedule; budget; spending projection and staffing level for each month for the duration of the contract term; personnel roles and construction management procedures. CONSULTANT shall provide all necessary administration, project controls, quality assurance and professional oversight to ensure that: a. the project remains on schedule, within budget, ensures continuity of information, and satisfies the requirements of the CONTRACT. b. the construction project is progressing per construction contract’s requirements. 4. At the beginning of each month, CONSULTANT shall prepare and submit to the City Project Manager a monthly invoice package. The City prefers processing CONSULTANT pay requests that cover one calendar month. Invoices of two different fiscal years (e.g., June 2024 and July 2024) shall not be combined. Monthly invoice packages shall include the cost incurred during previous month including subconsultant cost and expenses, and a progress report documenting progress. The report shall include the progress by each task, the budget status (authorized amount, current billing, billed to date, previously billed, amount remaining, and percent spent), outstanding issues, potential changes, project DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 7 of 27 Vers.: Aug. 5, 2019 schedule and schedule impacts. CONSULTANT shall identify and mitigate potential budget overruns; and notify CITY Project Manager as soon as the potential overrun is identified. Task 2: Preconstruction Phase 1. Administration a. CONSULTANT shall propose a project administration procedure, including an online document management/ tracking system, for CITY approval. The administration procedure will detail how the CONSULTANT will track, store, distribute, and manage digital and hardcopy correspondence and project documentation and strategy for managing project communications. b. CONSULTANT shall establish and maintain a health and safety plan specific for CONSULTANT’s staff and subconsultants. Include confined space training certificates, as applicable. Submit a copy for City’s record. During construction activities, CONSULTANT shall follow CONTRACTOR(S)’s health and safety plan(s), if it is more stringent. 2. Field Office Setup a. CONSULTANT shall organize the hardcopy and digital files for the project prior to commencement of construction and coordinate with the CITY and CONTRACTOR for office space set-up. b. CITY will designate a location for the office space and provide utility connection points. 3. Preconstruction Activities a. Site Walk Observations and Documentation i. CONSULTANT shall conduct preconstruction inspections, documenting conditions in a log and providing digital photographs and video(s). b. Preconstruction Submittals i. CONSULTANT shall develop a list of CONTRACTOR pre- construction submittals. ii. CONSULTANT shall review CONTRACTOR’s pre-construction submittals, schedule of values, request for substitution (if any), and preliminary schedule. Task 3: Construction Phase 1. Construction Administration a. Project Coordination i. CONSULTANT shall act as the project coordinator and the point of contact for all communications with the CONTRACTOR. The CONSULTANT shall coordinate construction activities with the DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 8 of 27 Vers.: Aug. 5, 2019 CITY, ENGINEER, and CONTRACTOR. CONSULTANT’s responsibilities include conduct meetings with the ENGINEER to review progress, coordinate evaluations and identify information needs; disseminate information to the design team; manage the project budget; manage the project schedule; manage sub- consultants; manage QA / QC team; Coordinate communications with other ongoing projects’ construction managers to facilitate the construction of ongoing projects and continuous Plant operations. ii. CONSULTANT shall provide a contact phone number to respond to issues related to construction activity or coordination, 24 hours a day, 7 days a week. b. Document Tracking System: CONSULTANT shall establish, implement and maintain an online system for tracking all correspondence and documents on the Project or shall adopt a project administration procedure previously approved by CITY. CONSULTANT shall incorporate within the tracking system the means to track the routing of submittals/RFIs to the CITY’s other consultants. c. Construction Administration Services: CONSULTANT shall provide administrative and management services. The CONSULTANT shall receive all correspondence from the CONTRACTOR and address all inquiries from the CONTRACTOR and construction related correspondence. The ENGINEER will be responsible for providing design input. 2. Meetings: a. CONSULTANT shall prepare agenda for kick-off meeting, weekly progress meetings and other construction/technical meetings required during the term of the Project. CONSULTANT shall preside the meetings, address administrative and non-design issues, and prepare meeting minutes for distribution. CITY, ENGINEER and CONTRACTOR’s team will attend the meeting. The ENGINEER will address design issues. CONSULTANT shall have all pending decisions detailed for the meetings as well as project statistics (schedule updates, risks as identified by risk register, percent of project complete, near-term milestones, etc.). b. Anticipated Meetings i. Construction kick-off meeting ii. Weekly progress meetings iii. As-needed technical meetings with CITY, ENGINEER, CONTRACTOR and manufacturer’s representative(s) to discuss manufacturers’ requirements and resolve equipment and/or installation issues. iv. Project punch list and close-out Meeting v. As-needed coordination meetings with other ongoing projects’ construction managers and the City (as part of a separate subtask) DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 9 of 27 Vers.: Aug. 5, 2019 3. Submittals a. CONSULTANT shall use the online document tracking system to log and coordinate the submittal process. b. CONSULTANT shall receive the submittals, including CONTRACTOR’s red- line drawings, from the CONTRACTOR and check the submittals for completeness and general conformity with the Construction Contract requirements. If obvious deficiencies are apparent in the submittal, the CONSULTANT shall reject and send the submittal back to the CONTRACTOR for correction prior to sending the submittal to the ENGINEER. c. Once deemed acceptable, CONSULTANT shall route the submittals to the ENGINEER for review and shall route the reviewed submittal back to the CONTRACTOR. The CONSULTANT shall review comments on the submittals to determine if additional follow-up with the CONTRACTOR and/or ENGINEER is warranted and to identify any scope changes. d. CONSULTANT shall coordinate the ENGINEER’s submittal review and track the status of shop drawing resubmittals with the CONTRACTOR. e. CONSULTANT shall review the submittals for progress schedule, health and safety plan, temporary facilities, construction sequencing, conduit/pipe layout plan, manufacturer/ applicator/ installer’s certificates, and other non-technical submittals. f. CONSULTANT shall review temporary facilities submittals for operability as well as conflicts with other ongoing projects’ active and/or proposed construction. 4. Request for Information/Clarification Process a. CONSULTANT shall utilize the online document tracking system for processing requests for design clarifications. b. CONSULTANT shall receive all requests for information (RFIs) from the CONTRACTOR and determine if the request is a valid RFI; i. If valid, ENGINEER will review the RFIs and provide design response. CONSULTANT shall review the ENGINEER’s response, verify acceptability of response and transmit the Clarification Response to the CONTRACTOR. ii. If not, CONSULTANT shall return the RFI to the CONTRACTOR with justifications. c. CONSULTANT shall provide a response within 10 working days to the CONTRACTOR for any administrative, field condition specific and general RFI. d. ENGINEER shall prepare Design Clarifications where design issues are identified by the CONSULTANT, ENGINEER, or CITY. CONSULTANT shall prepare the Clarification Letter for transmittal to the CONTRACTOR of the ENGINEER’s Design Clarification and other clarifications. e. CONSULTANT shall work with the CITY Project Manager to maintain an Error DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 10 of 27 Vers.: Aug. 5, 2019 and Omission Log to document change orders, RFIs and RFCs that are a result of ENGINEER and CONTRACTOR errors in design and construction, respectively. The log shall record the hours spent by the ENGINEER to respond to the RFIs/ RFCs and associated cost impact to the construction. CONSULTANT shall identify potential error & omission and notify ENGINEER to track their hours when responding to RFIs and/or preparing design change document. CITY may seek reimbursement from the ENGINEER and/or CONTRACTOR. 5. Change Order Preparation, Negotiation & Processing a. CONSULTANT shall review all change order requests (either initiated by the CITY or by the CONTRACTOR). i. CONSULTANT shall utilize the online document tracking system to log, track, and process changes. ii. CONSULTANT shall maintain Change Event files. These files shall compile all data related to specific items that arise that may have cost or time impacts or neither. b. CONSULTANT shall judge the validity and/or merits of all CONTRACTOR initiated change order requests. CONTRACTOR initiated change orders deemed unnecessary, or not substantiated by a deficiency in the construction documents shall be returned to CONTRACTOR unapproved with an explanation. c. CONSULTANT shall negotiate change orders with the CONTRACTOR, considering impact to the schedule, as well as, reasonableness of cost, and impact to total project budget. Consultant shall calculate and determine a reasonable cost for each additive or deductive change order based on City’s guidelines set forth in the Construction Contract’s General Conditions. Inform City of all potential cost and schedule changes. d. CONSULTANT shall prepare an independent cost estimate and/or verify the acceptability of the CONTRACTOR’s cost proposal for each change order request. At CITY’s discretion, ENGINEER’s opinion may be requested for specific equipment and material costs. e. CONSULTANT shall prepare change orders using CITY’s procedure for execution by the CITY and CONTRACTOR. i. CONSULTANT shall prepare a Change Order Memorandum, if requested by the CITY, to provide additional background discussion for need of the change and reasonableness of cost and schedule impact. ii. ENGINEER shall prepare design details for change requests as needed. CONSULTANT to coordinate schedule and distribution of design details. iii. CONSULTANT shall prepare, and issue approved change order requests to the CONTRACTOR with the appropriate design DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 11 of 27 Vers.: Aug. 5, 2019 documents as directed by the CITY. f. In the event the CONTRACTOR encounters a time sensitive problem where time is not available to negotiate a settlement, CONSULTANT shall issue a field order in accordance with the City’s procedures. i. All work done under a field order shall be completed on a time and material basis. CONSULTANT shall track actual time and material expended for the field order work. Document all allowable costs (labor, equipment, material, etc.) daily. CONTRACTOR shall field- verify quantity and document CONTRACTOR’s extra work activities on an hourly basis, as applicable, so that change order requests can be verified accordingly. ii. Field orders shall be reviewed and approved with the CITY prior to issuance. 6. Documentation of Environmental Compliance a. CONSULTANT shall bring to the attention of the City’s environmental monitor and concerns with the compliance with environmental permitting and mitigation measures in accordance with the requirements of the environmental documents and regulatory permits. Note that this project is CEQA exempt. 7. Progress Payment a. CONSULTANT shall review the initial schedule of values (cost breakdown) prepared by the CONTRACTOR. b. CONSULTANT shall review the final version of the Schedule of Values (SOV) with the CITY and receive confirmation that the SOV is acceptable to the CITY, prior to responding to the CONTRACTOR. c. CONSULTANT shall review CONTRACTOR’s progress payment requests and determine whether the amount requested reflects the actual status of the CONTRACTOR’s work in place, materials on site and other contract requirements. If the payment request is deemed acceptable, transmit the invoice to the CITY for payment within the time periods set forth in the Public Contract Code. d. CONSULTANT shall prepare the summary cover sheet for the progress payments which will be executed by CONSULTANT, CONTRACTOR and CITY. e. CONSULTANT shall not recommend final payment to the CONTRACTOR until the CONSULTANT has determined CONTRACTOR has complied with the project closeout requirements, including submittals of record documents, warranties, and operations and maintenance manuals. CITY will release the retention only after a Notice of Completion has been recorded with the Santa Clara County Clerk’s Recorder Office. 8. CONTRACTOR’s Certified Payroll a. On a bi-weekly basis, or when otherwise requested by the CITY, State, or other agency or public inquiry, the CONSULTANT shall collect certified DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 12 of 27 Vers.: Aug. 5, 2019 payrolls from the CONTRACTOR. Apart from the regular, bi-weekly collection, the CONSULTANT shall obtain payroll records within 10 days of the CITY’s request. b. CONSULTANT shall only store these records on the project site. c. CONSULTANT is not responsible for reviewing these records for compliance at any time. d. CONTRACTOR is responsible for submitting electronically their certified payroll records to the State Department of Industrial Relations. 9. Schedule a. CONSULTANT shall review CONTRACTOR’s initial Baseline schedule submittal to determine whether it is realistic and prepared in accordance with the Contract Documents, that the milestone and Substantial Completion dates meet the overall goal for schedule and that no major conflicts exist. The CONSULTANT shall advise CITY of the review determination and provide written comments to the CONTRACTOR. b. CONSULTANT shall review the CONTRACTOR’s schedule updates and provide written comments to the CONTRACTOR. c. CONSULTANT shall review and evaluate the CONTRACTOR’s requests for Contract time extension and/or monetary claim, and make written recommendations to the CITY regarding entitlement and the number of days, if any, to be added to the Contract Time(s). If requested by the CITY, CONSULTANT shall provide a written assessment of the time request. CONSULTANT shall evaluate and negotiate schedule adjustments with the CONTRACTOR. 10. Field Quality Control (Inspection Services) a. CONSULTANT shall provide field observation services to monitor compliance with the Contract Documents. i. CONSULTANT staff shall have sufficient training and experience regarding the specific construction activities being performed by CONTRACTOR. 1) CONSULTANT shall provide staffing at a level that match construction load and as required to observe CONTRACTOR’s activities. 2) CONSULTANT shall provide subconsultant(s) as needed to observe specialty work and/or conduct specialty tests (see Special Inspections). b. Reporting i. CONSULTANT shall prepare daily inspection reports documenting observed field activities, field crews, CONTRACTOR equipment, and field problems. Field activities shall be logged hourly, if applicable. CONSULTANT shall collect CONTRACTOR daily reports on a weekly basis. Such information shall be accessible by the City. DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 13 of 27 Vers.: Aug. 5, 2019 ii. CONSULTANT shall provide and maintain photographs of field activities for status monitoring of the project. iii. CONSULTANT shall monitor record documents (redline drawings) on a bi-weekly basis to determine if they are being maintained by the CONTRACTOR and are in substantial conformance with the CONSULTANT’s information/observations. iv. CONSULTANT shall prepare a monthly report to include major work performed, outstanding issues, project photographs, schedule status, pending and executed change orders summary, and quality issues. This report shall also be part of CONSULTANT’s monthly progress payment report. c. Special Inspections i. CONSULTANT shall furnish the materials testing and special inspections required to be performed for the Project. Special Inspection and materials testing include, but are not limited to: 1) Soils testing for HazMat compliance 2) Soils compaction and relevant testing 3) Asphalt compaction and relevant testing 4) Concrete sampling and testing 5) Coating surface preparation (including cleaning) and application inspection 6) CIPP surface preparation (including cleaning), materials, and installation inspection 7) Special inspections as listed in the project specific design 8) drawings and specs. 9) HDPE pipe fusion inspection ii. CONSULTANT shall schedule and coordinate the material testing services and have responsibility for the specialty inspections and testing services. 11. System Outages a. CONSULTANT shall review and evaluate the CONTRACTOR’s system outage requests (SOR) in conjunction with the CITY. CONSULTANT shall assess the reasonableness of the duration of the requested shutdown. b. The SORs shall be reviewed and approved at least two weeks ahead of the actual outage/shutdown. c. CONSULTANT shall facilitate/coordinate shutdowns with the CONTRACTOR, CITY and ENGINEER. i. CITY is responsible for reviewing and approving system outage request and duration, confirming the outage is properly planned, implementing the outage, and bringing services back online after the outage. 12. Means and Methods of Construction DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 14 of 27 Vers.: Aug. 5, 2019 a. CONSULTANT shall not direct the means and methods of construction. CONTRACTOR shall be solely responsible for the means and methods of construction. In the event when the CONTRACTOR’s means and methods and/or work sequence are perceived to have negative impacts on the final work quality or may damage existing City’s property, the CONSULTANT shall communicate with the CONTRACTOR and inform the CITY and ENGINEER. 13. Construction Staging and laydown Area CONSULTANT shall periodically observe the construction staging and laydown areas to check if: a. Equipment and materials are being stored in accordance with the manufacturers’ procedure (e.g., protection from weathering elements). b. Exiting plant equipment (e.g., electrical switchgear) are being protected. c. Heavy loads are not concentrated at or adjacent to locations were underground utility (s) is present. d. CONTRACTOR is maintaining any necessary access. e. Site is cleaned up each day. f. Site is isolated and general public and wildlife are protected. 14. Safety a. CONSULTANT shall comply with appropriate regulatory, project and CITY codes in addition to CONSULTANT’s Health and Safety Plan regarding necessary safety equipment and procedures used during performance of the CONSULTANT’s work and shall take necessary precautions for safe operation of the CONSULTANT’s work, and the protection of the CONSULTANT’s personnel from injury and damage from such work. b. Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT’s employees or sub-consultants at the construction/project site, shall relieve the CONTRACTOR and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending, or coordinating their work in accordance with the Contract Documents, City codes, and any health or safety precautions required by pertinent regulatory agencies. CONSULTANT and its personnel have no authority to exercise any control over any CONTRACTOR or other entity or their employees in connection with their work or any health or safety precautions. 15. Corrective Work Item List a. The CONSULTANT shall prepare and maintain a Corrective Work Item list (CWL) with the input from the CITY and ENGINEER. b. CONSULTANT shall confirm that the items identified in the CWL are completed in preparation for issuance of Substantial Completion Certificate (SCC). a. CONSULTANT shall prepare the SCC for execution by the CITY and the DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 15 of 27 Vers.: Aug. 5, 2019 CONTRACTOR when the Corrective Work Items are completed to the CITY’s, ENGINEER’s and The CONSULTANT’s satisfaction. Task 4: Project Closeout Phase 1. Punch List and Final Inspection a. Punch List i. CONSULTANT shall identify work with outstanding deficiencies and generate Punch List in Excel. Coordinate site walkthrough with the CITY and CONTRACTOR, as needed. ii. CONSULTANT shall have primary responsibility for verifying that the Punch List work is complete. b. Final Inspection i. CONSULTANT shall have primary responsibility for conducting the final inspection. Coordinate site walkthrough with the CITY and CONTRACTOR, as needed. 1) CITY will participate and provide input on the final inspection. 2) ENGINEER will provide design input on final inspection items if determined necessary by the CITY. 2. Warranty Coordination a. CONSULTANT shall maintain a warranty file in the online document tracking system. All warranty documentation shall be handed off to the CITY at conclusion of the contract. 3. Project Closeout a. CONTRACTOR shall furnish record documents, which the CONSULTANT shall review and transmit to ENGINEER for preparation of record drawings. b. CONSULTANT shall prepare necessary CITY documentation recommending acceptance of the completed work by the CITY. c. CONSULTANT shall turn over project documentation to the CITY in an orderly manner and in a timely manner after completion of the project and all punch list activities. The CONSULTANT shall retain all change event files at the end of the project. The CITY shall have the right to request review and/or copies of the change events files. d. CONSULTANT shall download all the files from the on-line document management system, save them on an external hard drive, and mail it to the City Project Manager for City’s record. Task 5: Allowance for Non-Regular Hour Work 1. CITY may set an allowance for inspection services during non-regular work hours such as night time and weekends. CONSULTANT shall estimate sufficient hours to cover all inspectional services. Authorization by City Project Manager is required prior to scheduling overtime work. DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 16 of 27 Vers.: Aug. 5, 2019 Work Order No. 4: Milestone Schedule of Performance TASK # MILESTONES NUMBER OF WEEKS TO COMPLETION FROM WORK ORDER #4 NOTICE TO PROCEED1 (NTP) NO LATER THAN DATE Task 1 General Requirements/ Project Management 51 Weeks 12/31/2024 Task 2 Pre-Construction 14 Weeks 4/15/2024 Task 3 Construction Phase 38 Weeks 9/30/2024 Task 4 Project Closeout 51 Weeks 12/31/2024 Task 5 Allowance for Non-Regular Hour Work 51 Weeks 12/31/2024 Note 1. Assume NTP issuance on 1/8/2024 Work Order No. 4: Milestone Compensation Schedule TASK # MILESTONES NOT TO EXCEED AMOUNT Task 1 General Requirements/ Project Management $44,460 Task 2 Pre-Construction $85,510 Task 3 Construction Phase $494,410 Task 4 Project Closeout $35,250 Task 5 Allowance for Non-Regular Hour Work $103,270 Sub-total Basic Services $762,900 Reimbursable Expenses $12,100 Total Basic Services and Reimbursable Expenses $775,000 Additional Services (per Section 4) (Not to Exceed) $77,500 Maximum Total Compensation $852,500 DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Page 17 of 27 Vers.: Aug. 5, 2019 EXHIBIT “B” SCHEDULE OF PERFORMANCE 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. TASK ORDER #1/WORK ORDER #4 Tasks 1-4 of Work Order #4 will be completed within 51 Weeks from the Notice to Proceed for Work Order #4 or by December 31, 2024, as detailed in the Milestone Schedule of Performance attached to Work Order #4 (Amendment No.1). DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Vers.: Aug. 5, 2019 Page 18 of 27 EXHIBIT “C” COMPENSATION CITY agrees to compensate CONSULTANT for on-call, as-needed, time-limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. 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 in a specific Task Order. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories within a specific Task Order, 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. 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: up to the not-to-exceed amount of $12,100. WORK ORDER #4 Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #4, Not to Exceed: Total Basic Services and Reimbursable Expenses $775,000 Additional Services (per Section 4) (Not to Exceed) $77,500 Maximum Total Compensation $852,500 DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Vers.: Aug. 5, 2019 Page 19 of 27 EXHIBIT “C-1” SCHEDULE OF RATES The applicable rate schedule by which CONSULTANT will be paid for Services rendered under this Agreement and its Task Order(s), if any, is set forth below as Exhibit “C-1”, entitled “SCHEDULE OF RATES”. The fee schedules attached hereto in Exhibit C-1 shall apply during the first year of the term for Work Order #4. Thereafter, CONTRACTOR’s compensation rates shall be adjusted annually effective on the commencement of the second year, as follows: Each unit price, hourly rates, and fee, as set forth the attached fee schedule, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco- Oakland-San Jose area, published by the United States Department of Labor Statistics (CPI), published most immediately preceding the commencement of the applicable contract year, compared with the CPI published for the prior year. Notwithstanding the foregoing, in no event shall CONSULTANT’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding contract year. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation as set forth herein shall be at no cost to the CITY. CONSULTANT’s markup on work performed by any authorized subconsultant shall not exceed five percent (5%). CONSULTANT’s schedule of rates is as follows: Consultant Labor Categories 2024 Hourly Rate Tanner Pacific, Inc. Principal-in-Charge $325.00 Construction Manager $260.00 Project Engineer $130.00 Inspector $205.00 Inspector's Truck $7.50 Subconsultant Labor Categories 2024 Hourly Rate Bay Area Coating Consultants, Inc. NACE Coating Inspector: Regular $115.20 Over Eight Hours/Saturdays $162.50 Sundays and Holidays $191.00 Truck/Equipment Charge $15.30 Note: Inspector shall be scheduled 24-hour in advance. Charges are four hours minimum. DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Vers.: Aug. 5, 2019 Page 20 of 27 Subconsultant: Consolidated Engineering Laboratories ENGINEERING SERVICES UNIT RATE UNIT Principal/Principal Engineer $ 266.00 hour Geotechnical Engineer $ 210.00 hour Senior Engineer $ 210.00 hour Metallurgical Engineer $ 210.00 hour Project Engineer/Geologist $ 175.00 hour Staff Engineer $ 180.00 hour Assistant Engineer $ 134.00 hour Field Supervisor $ 130.00 hour Lab Technician $ 95.00 hour INSPECTION SERVICES UNIT RATE UNIT ICC/AWS Inspector with NDT Equipment $ 115.00 hour ICC/AWS Inspector (Visual Only) $ 109.00 hour ICC Certified Inspector $ 109.00 hour Proofload Testing/Anchor Installation Inspector $ 109.00 hour Mechanical Inspector $ 129.00 hour Electrical Inspector $ 129.00 hour Plumbing Inspector $ 129.00 hour OSHPD IFC Premier Certified Firestop Inspector $ 115.00 hour DSA Masonry/Shotcrete Inspector $ 115.00 hour Waterproofing Technician $ 115.00 hour Soils Inspector with Nuclear Gauge (Portal-to-Portal Charges Apply) $ 109.00 hour SPECIALIZED SERVICES UNIT RATE UNIT Pachometer $ 181.00 hour In-Place Brick Shear Tests (Masonry) - Two-Person Crew (4-hour minimum) $ 210.00 hour Ground Penetrating Radar (GPR) - One Man Crew $ 240.00 hour Floor Flatness Testing: - Surveying/Inspection $ 212.00 hour Phased Array Technician $ 135.00 hour Profileograph Technician $ 135.00 hour Profileograph Equipment Quotation on Request CORING SERVICES UNIT RATE UNIT Coring Machine Operator $ 170.00 hour Helper (add per hour) $ 95.00 hour Diamond Drill Bit Charges, per inch to 5" $ 9.00 inch Diamond Drill Bit Charges, per inch 6" and over Quotation on Request DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Vers.: Aug. 5, 2019 Page 21 of 27 CONCRETE UNIT RATE* UNIT Concrete Mix Design Review $ 345.00 each Trial Batches, Prepared in Laboratory C192 $ 995.00 each Length Change of Concrete (Shrinkage), set of 3, ASTM C157, CT 530 $ 535.00 each Compression, 6X12 Cylinders, ASTM C 39, CT 521 $ 45.00 each Compression 4x8 Cylinders ASTM C 39 $ 39.00 each Compression, Core (including end preparation), ASTM C 42 $ 105.00 each Grout Compression, 2X2 Cubes, each age, ASTM C 109 $ 65.00 each Epoxy Grout 2x2 Cube Compression ASTM C 579 $ 65.00 each Cylinders, Stored 60 days (hold cylinders) $ 39.00 each Splitting Tensile Strength, 6X12 Cylinders, ASTM C 496 $ 150.00 each Unit Weight of Concrete Cylinders, ASTM C 567 $ 110.00 each Unit Weight of Lightweight Insulating Concrete, ASTM C 495 $ 110.00 each Compression Test of Lightweight Insulating Concrete, ASTM C 495 $ 120.00 each Flexural Strength of Concrete, ASTM C 78 $ 115.00 each Shotcrete Pre-Production Panel Evaluation, Up to 12" Thick $ 1550.00 each Shotcrete Pre-Production Panel Evaluation, 12" to 24" Thick $ 2270.00 each Shotcrete Panel Core Compression - Panel Cored on Lab, ASTM C 1140 $ 120.00 each Chloride Ion Content, AASHTO T260 $ 220.00 each SOIL MECHANICS UNIT RATE* UNIT Moisture/Density Curve Standard Proctor ASTM D 698 $ 330.00 each Modified Proctor ASTM D 1557 $ 350.00 each Checkpoint (ASTM D 1557 or CT 216) $ 185.00 each California Impact, CT 216 $ 370.00 each Correction of Compaction for Oversize Material, ASTM D 4718/CT 216 $ 135.00 each Sieve Analysis Sieve Analysis, Bulk Sample Gradation 3" - No. 200, ASTM C 136/C 117/CT 202 $ 225.00 each Material Finer than #200 Sieve, ASTM C 117/CT 202 $ 110.00 each Soil Mechanics “R” Value, ASTM D 2844/CT 301 $ 480.00 each Sand Equivalent, ASTM D 2419/CT 217 $ 150.00 each Liquid Limit, Plastic Limit, & P.I. Atterberg Limits ASTM D 4318/CT 204 $ 240.00 each California Bearing Ratio, 1 pt. (ASTM D1883) $ 305.00 each California Bearing Ratio, 3 pt. (ASTM D1883) $ 835.00 each California Bearing Ratio, 3 pt. (ASTM D1883) w/ 96 hour soak $ 950.00 each Moisture-Density Sample Tubes ASTM D 2937 $ 85.00 each DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Vers.: Aug. 5, 2019 Page 22 of 27 Water Content of Soil and Rock ASTM D 2216/CT 226 $ 65.00 each AGGREGATES UNIT RATE* UNIT Sieve Analysis, Bulk Sample Gradation 3" - No. 200, ASTM C136/C117/CT202 $ 225.00 each Sieve Analysis, Material Finer than #200 Sieve, ASTM C 117/CT202 $ 110.00 each Sieve Analysis, Coarse Agg (3" to #4), ASTM C136/CT 202 $ 190.00 each Sieve Analysis, Fine Agg (#4 to #200), ASTM C136/CT 202 $ 180.00 each Specific Gravity & Absorption Coarse Aggregate, ASTM C 127/CT 206 $ 160.00 each Specific Gravity & Absorption Fine Aggregate, ASTM C 128/CT 207 $ 195.00 each Absorption, Coarse Agg or Fine Agg , ASTM C 127/ASTM C 128 $ 115.00 each Uncompacted Void Content of Fine Aggregate CT234 $ 180.00 each Organic Impurities in Concrete Fine Aggregate, ASTM C 40/ CT213 $ 140.00 each L.A. Rattler, ASTM C 131/CT 211 (100 rev & 500 rev) $ 370.00 each L.A. Rattler for Large-Size Coarse Aggregate, ASTM C 535/CT 211 (500 rev) $ 420.00 each Clay Lumps & Friable Particles ASTM C 142 $ 180.00 each Fractured Particles in Coarse Agg ASTM D 5821 $ 195.00 each Lightweight Particles in Aggregate ASTM C 123 $ 150.00 each Staining of Lightweight Aggregate ASTM C 641 $ 295.00 each Sulfate Soundness (per sieve size), ASTM C 88/CT 214 $ 160.00 each Unit Weight of Aggregates, ASTM C 29 $ 125.00 each Flat and Elongated Particles in Coarse Aggregate, ASTM D4791 $ 210.00 each Percentage of Crushed Particles, CT 205 $ 280.00 each Cleanness Value, CT 227 $ 180.00 each Sand Equivalent, ASTM D 2419/CT 217 $ 150.00 each Durability Index, Coarse or Fine Agg ASTM D 3744/CT 229 $ 160.00 each Durability Index, Coarse and Fine Agg ASTM D 3744/CT 229 $ 270.00 each Moisture Content of Aggregate ASTM C566 $ 65.00 each Potential Alkali Reactivity of Aggregates ASTM C 1260 $ 1400.00 each C33 Coarse Aggregate Qualification Testing (ASTM C 33) $ 3475.00 each C33 Fine Aggregate Qualification Testing (ASTM C 33) $ 3125.00 each HOT MIX ASPHALT (HMA) UNIT RATE* UNIT Hveem Compaction - Plant Mix per Point ASTM D 1561/ CT 304, CT 308 $ 110.00 each Hveem Compaction - Lab Mix per Point ASTM D 1561/ CT 304, CT 308 $ 125.00 each Bulk Sp. Gravity & Density of Compacted Asphalt Concrete ASTM D 2726/CT 308 $ 95.00 each Bulk Sp.Gr.& Density-Parafilm Coated Compacted Asphalt Conc. ASTM D 1188/CT 308 $ 105.00 each Theoretical Max Spec. Gravity (Rice Density) ASTM D 2041/ CT 309 $ 195.00 each DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Vers.: Aug. 5, 2019 Page 23 of 27 Stabilometer Value including Compaction, ASTM D 1560/ CT 366, per point $ 200.00 each Asphalt Content (Ignition Oven Method) ASTM D 6307/ CT 382 $ 205.00 each Ignition Oven Calibration Factor for Asphalt Content ASTM D6307/ CT382 $ 315.00 each Sieve Analysis of Extracted Aggregate, ASTM D5444/CT 202 $ 220.00 each Caltrans Complete HMA Tests (Rice or BSG, S-Value, Ignition, Extracted Gradation) $ 1105.00 each Marshall Compaction (Lab Mix), per point, ASTM D 6926 $ 150.00 each Marshall Compaction (Plant Mix), per point, ASTM D 6926 $ 125.00 each Marshall Flow and Stability, per point, ASTM D 6926 $ 100.00 each Effect of Moisture on AC (Tensile Strength Ratio) on Plant Mix ASTM D4867 $ 1985.00 each Effect of Moisture on AC (Tensile Strength Ratio) on Lab Mix ASTM D4867 $ 2085.00 each Swell of Bituminous Mixtures, CT 304/305 $ 255.00 each ASPHALTIC CEMENT UNIT RATE* UNIT Penetration of Bituminous Materials at 77°F, ASTM D5/AASHTO T49 $ 80.00 each Penetration of Bituminous Materials at 32°F to 158°F, ASTM D 5/AASHTO T49 $ 115.00 each Kinematic Viscosity of Asphalt, ASTM D 2170/AASHTO T201 $ 190.00 each Absolute Viscosity of Asphalt, ASTM D2170/AASHTO T201 $ 190.00 each Viscosity (Asphalt Institute Method) $ 215.00 each Rolling Thin Film Test, ASTM 2872/Cal 346/AASHTO T240 $ 200.00 each Residue by Evaporation, ASTM D244/AASHTO T59 $ 240.00 each Extraction and Recovery, ASTM D2172/ASTM D 1856 $ 940.00 each MASONRY UNIT RATE* UNIT Concrete Blocks Compression, Gross Area, ASTM C 140 $ 125.00 each Compression, Net Area, ASTM C 140 $ 115.00 each Absorption and Moisture, ASTM C 140 $ 180.00 each Linear Shrinkage ASTM C 426 $ 200.00 each Dimensional Measurement of Masonry Units ASTM C 140 $ 80.00 each Bricks Absorption, with saturation Coefficient, ASTM C 67 $ 125.00 each Compression, ASTM C 67 $ 115.00 each Modulus of Rupture, ASTM C 67 $ 115.00 each Grout Compression, Grout Prisms, ASTM C 1019 $ 90.00 each Compression, Mortar Cylinders, ASTM C 780 $ 70.00 each Compression, Composite Prisms, ASTM C 1314 $ 215.00 each Compression, Masonry Core, ASTM C 140 $ 125.00 each DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Vers.: Aug. 5, 2019 Page 24 of 27 Shear, Masonry Core, CCR Title 24 $ 135.00 each REINFORCING STEEL - ASTM A 615/A706 UNIT RATE* UNIT Tensile Strength and Bend Test Samples, Size #3 - #10 $ 135.00 each Samples, Size #11 $ 160.00 each Samples, Size #14 $ 245.00 each Samples, Size #18 (Full Section) $ 525.00 each PRESTRESSING STEEL - ASTM A 416 UNIT RATE* UNIT Uncoated 7 Wire Strand, 1/4" to 1/2" Yield Strength, Breaking Strength, and Elongation (Note: for Vinyl Coated Strands, add $ 45.00 per test; for Modulus of Elasticity, add $ 45.00 per test) $ 368.00 each Breaking Strength Only $ 212.00 each STRUCTURAL STEEL (mild steel not over one inch thick) UNIT RATE* UNIT Tensile Strength, ASTM A 370 (test only) Samples, Under 1-1/2 square inch in cross section $ 187.50 each Samples, 1-1/2 square inch and over in cross section $ 228.00 each Chemical Analysis $ 206.00 each Bending $ 88.00 each Anchor Bolts, ASTM F1554, tensile $ 228.00 each High Strength Bolts, Nuts, and Washers, ASTM A 325, A 490, A 449 Bolt Assembly Test $ 333.00 each Bolts Proof Load and Ultimate $ 135.00 each Nuts Proof Load $ 76.00 each Hardness (Rockwell) $ 41.00 each WELDMENT TESTING (mild steel not over one inch thick) UNIT RATE* UNIT Transverse Tensile $ 170.00 each Transverse Side Bend $ 124.00 each Transverse Root and Face Bend $ 124.00 each Macroetch $ 124.00 each 0.505" Tensile Specimen $ 140.00 each Charpy V-Notch Specimen $ 193.00 each Preparation of WPS, PQR, or Welder Certificate $ 160.00 each NONDESTRUCTIVE TESTING UNIT RATE UNIT Radiography Radiographic Testing-Weld Procedure Qualification (physical testing not included) $ 550.00 each Consultation $ 130.00 hour One-Person Crew $ 130.00 hour Film $ 20.00 each Magnetic Particle Level III (ASNT) $ 140.00 hour DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Vers.: Aug. 5, 2019 Page 25 of 27 Magnetic Particle Level II (ASNT) $ 135.00 hour Ultrasonic Level III (ASNT) $ 140.00 hour Ultrasonic Level II (ASNT) $ 135.00 hour Dye Penetrant Level III (ASNT) $ 140.00 hour Dye Penetrant Level II (ASNT) $ 135.00 hour ROOFING UNIT RATE* UNIT Ply Count and Asphalt by Difference, ASTM D 2829 $ 160.00 each Weight Analysis, ASTM D 2829 $ 85.00 each FIREPROOFING UNIT RATE* UNIT Density of Sprayed on Fireproofing, ASTM E 605/UBC 43-8 $ 85.00 each Cohesion/Adhesion, ASTM E 736 $ 50.00 each FIRE/LIFE SAFETY SYSTEMS UNIT RATE* UNIT Fire/Life Safety Systems Inspection $ 140.00 hour Mechanical Engineer $ 250.00 hour Staff Engineer $ 190.00 hour Final Affidavit (Request 6 Working Days Advance Notice) Quotation on Request GEOTEXTILE FABRIC UNIT RATE* UNIT Tensile Strength by Grab Method $ 370.00 each Puncture Resistance, Index, ASTM D 4833 $ 254.00 each Trapezoidal Tear $ 281.00 each Mass Per Unit Area, ASTM D 3776 $ 188.00 each Simulated Asphalt Retention, ASTM D 4830 $ 463.00 each Unit Weight Analysis, ASTM S 2329 $ 80.00 each Ply Count and Void Analysis, ASTM D 2329 $ 150.00 each CEMENT UNIT RATE* UNIT Storage of Grab Sample, 60 days $ 22.00 each Cement Content of Hardened Concrete, ASTM C 1084 $ 2460.00 each GFRC PANEL TEST UNIT RATE* UNIT Flexural Testing, per P.C.I Recommended Practice $ 71.00 each Pullout Testing of Anchors, per P.C.I. Recommended Practice $ 140.00 each Fiberwrap Testing (ASTM D3039) $ 735.00 set SPECIALTY GEOTECHNICAL TESTING UNIT RATE UNIT Sieve Analysis, Minus #200 by Wash ASTM D1140 $ 110.00 each Consolidation (ASTM D2435, D4546) $ 190.00 each Time-Consolidation (ASTM D2435) $ 85.00 each Collapse/Swell (ASTM D4546) $ 100.00 each Unconfined Compressive Strength (ASTM D2166) $ 120.00 each Direct Shear (3 pt.) $ 1050.00 each California Bearing Ratio, 1 pt. (ASTM D1883) $ 305.00 each California Bearing Ratio, 3 pt. (ASTM D1883) $ 835.00 each Water Soluble Sulfate $ 60.00 each DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Vers.: Aug. 5, 2019 Page 26 of 27 pH (ASTM D4972) $ 80.00 each Lab Resistivity $ 100.00 each MISCELLANEOUS GEOTECHNICAL CHARGES UNIT RATE UNIT Vehicle Charges (Over 40-Mile Radius) Truck, 2-Wheel Drive $ 0.50 mile Truck, 4-Wheel Drive $ 0.60 mile All Other Direct Project Expenses (such as contract drilling and backhoe services, special equipment rental, commercial travel, protective clothing, shipping, etc.) Cost + 15% Clerical Services $ 78.00 hour MISCELLANEOUS TESTS & INSPECTIONS UNIT RATE UNIT Calibration of Hydraulic Rams $ 250.00 each Universal Testing Machine with Technician $ 275.00 hour Instron Testing Machine with Technician $ 275.00 hour Windsor Test Probes Quotation on Request Weld Procedure Review $ 345.00 each Expert Witness $ 3000.00 day BASIS OF CHARGES UNIT RATE UNIT Work Over 8 Hours Per Day Time and One-Half Work Over 12 Hours, Monday through Friday Double Time Work on Saturdays Time and One-Half Work Over 8 Hours on Saturday Double Time Work on Sundays/Holidays Double Time Swing or Graveyard Shift Premium $ 12.50 hour Work from 0 to 4 Hours 4-Hour Minimum Billing Work from 4 to 8 Hours 8-Hour Minimum Billing Show-Up Time 2-Hour Minimum Billing Same-Day Service Call Requests $ 200.00 each Sample Pick-Up $ 95.00 trip Premium Sample Pick-Up (after 4 PM, before 5 AM, Weekends and Holidays) 2 x Sample Pick-Up Rate Trip Charge $ 100.00 trip Laboratory Testing - Rush Fee Add 50% to Testing Cost Technician with Nuclear Gauge Portal-to-Portal $ 95.00 trip Final Affidavit per each Applicable Permit (Request 6 working days in advance) $ 500.00 each DSA Interim Verified Reports $ 150.00 each DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 Vers.: Aug. 5, 2019 Page 27 of 27 Extra Copies (Over 4 per Issue Date) of Inspection Reports and Final Affidavit $ 20.00 each Reports on CD $ 150.00 each Project Engineering and Management 10% of Fees Credit Card Payment of Fees 2.5% Premium Certified Payroll Processing $125.00 per invoice Reimbursables Cost + 15% QA/QC Plan Written Procedures Quotation on Request Out of Area Services (Beyond 40-Mile Radius) As Listed Below: Travel Time Basic Hourly Rate Mileage $ 0.63 mile Per-diem, Including Lodging $ 120.00 day Note: * Based on standard turnaround times. Rush tests are an additional 50%. DocuSign Envelope ID: E820DBC7-28EA-4F4C-8FB5-72E78CE2F040 2 4 2 1 ADDENDUM NO. TWELVE TO THE BASIC AGREEMENT BETWEEN THE CITY OF PALO ALTO, THE CITY OF MOUNTAIN VIEW, AND THE CITY OF LOS ALTOS FOR THE ACQUISITION, CONSTRUCTION AND MAINTENANCE OF A JOINT SEWER SYSTEM This Addendum No. Twelve (12) to the Basic Agreement for the Acquisition, Construction and Maintenance of a Joint Sewer System is made and entered into on TBD, 2023, by and among the CITY OF PALO ALTO (“Palo Alto”), the CITY OF MOUNTAIN VIEW (“Mountain View”), and the CITY OF LOS ALTOS (“Los Altos”) (individually, a “Party”, collectively, the “Parties”), all municipal corporations under the laws of the State of California. RECITALS A. The Parties have entered into that certain Basic Agreement Between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System, executed on October 10, 1968, as amended by the Addenda described below (collectively, the “Basic Agreement”). The Basic Agreement has been amended eleven times by addenda, as follows: 1. Addendum No. One (1) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of December 5, 1977; 2. Addendum No. Two (2) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of January 14, 1980; 3. Addendum No. Three (3) to an Agreement By and Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of April 9, 1985; 4. Addendum No. Four (4) to the Agreement By and Between the Cities of Mountain View, Los Altos, and Palo Alto as further amended and dated May 30, 1991; 5. Addendum No. Five (5) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of July 31, 1992; 6. Addendum No. Six (6) to Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of March 16, 1998; 7. Addendum No. Seven (7) to Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of April 15, 2009; 8. Addendum No. Eight (8) to the Basic Agreement between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System dated as of October 17, 2016; 9. Addendum No. Nine (9) to the Basic Agreement between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated March 4, 2019; 2 4 2 1 10.Addendum No. Ten (10) to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated May 17, 2021; 11.Addendum No. Eleven (11) to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated December 5, 2022 (collectively, the “Addenda”). B. Palo Alto owns and operates the sanitary sewage treatment and disposal works and system (the “Joint System”) pursuant to the Basic Agreement and is responsible for making capital additions to the Joint System. Under the Basic Agreement, any major capital additions for the replacement of obsolete or worn-out units require an agreement by the Parties amending the Basic Agreement. C. The Parties now desire to construct the Joint Interceptor Sewer Rehabilitation Phase 1 Project and agree upon their respective shares of the project costs, as defined herein. D. The project will install new liner on the joint sewer, improving its useful life and restoring its integrity, to ensure the Plant continues to safely convey raw sewage to the treatment plant. AGREEMENT NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in this Addendum No. Twelve (12), the Basic Agreement is hereby amended, as follows: Section 1. Paragraph 43 is hereby added to the Basic Agreement to read, as follows: “43. CONSTRUCTION AND IMPLEMENTATION OF THE 2023 JOINT INTERCEPTOR SEWER REHABILITATION PHASE 1 PROJECT. Palo Alto and Mountain View and Los Altos hereby approve the construction of joint interceptor sewer rehabilitation – Phase 1 Project, or “Project”, which rehabilitates the lower section of the existing joint interceptor sewer, approximately 2,364 linear feet, from Manhole No. 4 to Influent Junction Box No. 0. The Project includes the cleaning of the pipeline, installation of new liner in the pipeline, and recoating manholes and junction boxes. The installation of liner in the pipeline will decrease the pipeline diameter, however, the new liner provides a smoother surface profile for a slightly higher capacity. Flow capacity of the lined pipeline from Manhole No. 4 to the Influent Junction Box No. 0 is unchanged and will remain as listed at the peak wet weather capacity of 80 million gallons per day. The term “Project Costs”, as used in this Paragraph means all costs incurred in the design and construction of the 2023 Joint Interceptor Sewer Rehabilitation – Phase 1 Project. Without limiting the generality of the foregoing, Project Costs shall include, but not be limited to: design, engineering, and other consultants’ fees and costs, including fees incurred pursuant to agreements with engineers, contractors and other consulting, design 2 4 2 1 and construction professionals; environmental analysis and approval costs, including cost of compliance with the California Environmental Quality Act; deposits, applicable permit fees; all costs to apply for and secure necessary permits from all required regional, state, and federal agencies; plan check fees, and inspection fees; construction costs; attorneys’ fees and costs; and costs of insurance. The maximum amount of the Project Costs is $8.9 million. The Parties shall remain responsible for Project Costs incurred, whether before or after completion of the Project, in connection with the performance of the Project planning/design/construction contract(s), in the same proportion to each organization’s share. Each Party shall pay its share, as listed below, of the Project Costs for the Project, excluding bypass pumping costs inside the Plant, in the proportion to the capacity rights in the Joint System presented herein with a not-to-exceed amount of $7,037,975. •Mountain View 62.50% •Palo Alto 18.24% •Los Altos 15.00% •Los Altos Hills 4.26% Each Party shall pay its share of the Project Costs for bypass pumping inside the Plant, and the share will be based on using the annual flow share calculated at the end of each fiscal year. Mountain View and Los Altos shall pay their respective shares of any Project Costs within thirty (30) business days of receipt of the quarterly billing statement sent by Palo Alto. Palo Alto shall not send more than one invoice in any thirty-day period. If a Party disputes the correctness of an invoice, it shall pay the invoice in full and the dispute shall be resolved after payment in accordance with Section 19 of the Basic Agreement, and shall not offset against any payment due. Section 2. Except as modified herein, the Basic Agreement shall remain unchanged, and is hereby ratified and confirmed. [SIGNATURE PAGE FOLLOWS] 2 4 2 1 IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Addendum as of the date first written above. SIGNATURE PAGE: CITY OF PALO ALTO CITY OF MOUNTAIN VIEW APPROVED: __________________________ __________________________ Mayor Kimbra McCarthy, City Manager __________________________ __________________________ Date Date ____________________________ ATTEST: City Manager __________________________ ATTEST: Heather Glaser, City Clerk ____________________________ APPROVED AS TO CONTENT: City Clerk __________________________ Dawn Cameron, Public Works Director ____________________________ APPROVED AS TO FORM: ____________________________ Date ____________________________ City Attorney or Designee FINANCIAL APPROVAL: ____________________________ Date ____________________________ Derek Rampone Finance and Administrative Services Director APPROVED AS TO FORM: ____________________________ Mitesh Bhakta Senior Assistant City Attorney ____________________________ Date // 2 4 2 1 // // CITY OF LOS ALTOS BY: ____________________________ City Manager Gabriel Engeland ____________________________ Date ATTEST: __________________________ City Clerk Melissa Thurman, MMC ____________________________ Date APPROVED AS TO FORM: ____________________________ City Attorney Jolie Houston ____________________________ Date ATTACHMENT E $8,082,470 $1,716,000 $852,500 $180,995 Agency Fixed Cost Share %Fixed Cost City of Mountain View 62.50%$4,398,734 City of Palo Alto 18.24%$1,283,727 City of Los Altos 15.00%$1,055,696 Town of Los Altos Hills 4.26%$299,818 Subtotal: 100.00%$7,037,975 Agency Estimated Cost Share %*Estimated Cost City of Mountain View 40.11%$760,885 City of Palo Alto 34.97%$663,379 City of Los Altos 10.88%$206,393 Town of Los Altos Hills 2.04%$38,699 East Palo Alto Sanitary District 5.53%$104,904 Stanford University 6.47%$122,736 Subtotal: 100.00%$1,896,995 Agency Estimated Total Cost City of Mountain View $5,159,619 City of Palo Alto $1,947,106 City of Los Altos $1,262,089 Town of Los Altos Hills $338,516 East Palo Alto Sanitary District $104,904 Stanford University $122,736 Total, Not‐to‐Exceed:$8,934,970 * Estimate only (actual cost share will be determined after project completion based on wastewater flows and strength contributed by each partner for 2024). Table E‐3. Not‐to‐Exceed Cost for Partners (Sum of Table E‐1 and E‐2) Table E‐1. Construction and Construction Management Cost (Less Bypass Pumping inside the Plant) Table E‐2. Construction and Construction Management Cost for Bypass Pumping inside the Plant Total construction cost, including additive alternates and 10% contingency  (based on the lowest responsive bid price of $7,347,700 as shown in the  proposed construction Contract No. C24189237). Inside the plant bypass cost including 10% contingency (based on Bid Item No. 6  in the Bid Table submitted by the lowest responsive bid). Cost split between all  partners is based on percentages shown in Table E‐2 below. Total construction management (CM) cost with 10% contingency (based on  Tanner Pacific's fee schedule of $775,000 [not‐to‐exceed value] in Amendment  No.1 to Contract No. 21179265E) CM cost for inside plant bypass pumping  (cost split between all partners based  on percentages shown in Table E‐2 below)