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
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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
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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
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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.)
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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
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President/CEO
William Tanner
Board Secretary
Kathryn Tanner
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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.
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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
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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
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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)
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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
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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
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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
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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.
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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
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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
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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.
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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
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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).
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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%.
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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;
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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
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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]
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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
//
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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)