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HomeMy WebLinkAboutStaff Report 11782City of Palo Alto (ID # 11782) City Council Staff Report Report Type: Consent Calendar Meeting Date: 3/8/2021 City of Palo Alto Page 1 Summary Title: Contract Approval for Design of Advanced Water Purification System Project at RWQCP Title: Approval of Contract Number C21178333 With Black & Veatch in an Amount Not-to-Exceed $3,182,960 to Provide Design Services for the Advanced Water Puri fication System (AWPS) at the Regional Water Quality Control Plant - Wastewater Treatment Fund Capital Improvement Program Project WQ-19003 From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute the attached contract with Black and Veatch Corporation (Attachment A) in an amount not to exceed $3,182,960 for the design services for an Advanced Water Purification System AWPS) funded by the Agreement to Advance Resilient Water Reuse Programs in Santa Clara County and by the Wastewater Treatment Advanced Water Purification Facility Capital Improvement Program project (WQ-19003). The contract amount includes $2,893,600 for basic services and $289,360 for related, additional but unforeseen work that may develop during the project. Executive Summary The City of Palo Alto currently supplies tertiary-treated recycled water to the City of Mountain View, several City-owned parks and facilities, Caltrans, and a commercial truck-fill standpipe at the Regional Water Quality Control Plant (RWQCP). To expand the use of recycled water to include cooling towers and irrigation of salt-sensitive vegetation, it is desirable to reduce the total dissolved solids (TDS) concentration to approximately 450 parts per million (ppm). To this end, the City of Palo Alto in collaboration with the City of Mountain View (Mountain View) and the Santa Clara Valley Water District (Valley Water) prepared a Feasibility Study that identified an advanced water purification system (AWPS) as the TDS reduction treatment technology followed by a Preliminary Design Report for a local salt removal facility to be located in the RWQCP. In December 2019, the three agencies signed an Agreement to Advance Resilient Water Reuse Programs in Santa Clara County (Funding Agreement) (Staff Report ID#10627). CITY OF PALO ALTO City of Palo Alto Page 2 One of the key elements of this Funding Agreement is the design and construction of a small salt removal facility (AWPS) at the RWQCP in Palo Alto. Palo Alto is now moving forward with the detailed design of this facility. The facility will be an AWPS consisting of micro - or ultra- filtration followed by reverse osmosis. The AWPS will provide 1.125 million gallons per day MGD) of low-salt product water that will be blended with current recycled water to provide enhanced recycled water with a TDS level between 400 and 500 ppm. Background The RWQCP treats wastewater from a total of six communities. The RWQCP also supplies tertiary-treated recycled water to the City of Mountain View, several City-owned parks and facilities, Caltrans, and a commercial truck-fill standpipe at the RWQCP. The RWQCP produces approximately 230 million gallons per year of tertiary-treated recycled water. Following public concerns regarding the irrigation of redwood trees and sensitive species with recycled water, the City prepared an Environmental Impact Report (EIR) focused on water quality issues and salinity impacts. On January 25, 2010, Council approved the Recycled Water Salinity Reduction Policy (Staff Report ID#111:10, Resolution 9035), including a goal of reducing the recycled water TDS to 600 ppm. Since that time, the RWQCP and partner agencies have taken steps to reduce salinity intrusion into the sewer system. Severe drought conditions in the state have raised awareness of the importance of recycled water. In 2015, the City completed and certified a new EIR (Staff Report ID#5962) for the proposed recycled water distribution pipeline extension to south Palo Alto, also referred to as the Phase III expansion project. The Phase III expansion project, identified as a feasible project in the 2008 Recycled Water Plan, would deliver recycled water to the Stanford Research Park. The EIR included a mitigation measure to treat and reduce the recycled water salinity prior to use. In March 2016, Council approved a contract with MNS Engineers and GHD along with an Agreement for Palo Alto staff to collaborate with Valley Water and the City of Mountain View Staff Report ID#6458) on a Feasibility Study that evaluated salt reduction technologies, facility sizing, siting, and preliminary cost estimates. The Final Advanced Water Purification System Feasibility Study, completed in May 2017, recommended an advanced water purification system (AWPS) with micro- or ultra-filtration followed by reverse osmosis as the TDS reduction treatment technology. To meet short- and long-term recycled water demands, the Feasibility Study recommended an AWPS Facility that could be constructed in two phases: Phase 1 would consist of an AWPS sized to provide 1.125 MGD of low-salt product water (the project which is the subject of this Staff Report) while Phase 2 would expand upon Phase 1 infrastructure to provide 2.25 MGD of low-salt product water. Product water from Phase 1 and Phase 2 would be blended with the currently produced recycled water to provide 2 and 4 MGD of enhan ced recycled water, respectively, that would have TDS concentrations between 400 and 500 ppm. A Preliminary Conceptual Design Report for the phased AWPS was completed in December 2017. City of Palo Alto Page 3 In December 2019, the City of Palo Alto, the City of Mountain View , and Valley Water signed an Agreement to Advance Resilient Water Reuse Programs in Santa Clara County (Staff Report ID# 10627). The first part of the Agreement concerns the funding of a small salt-removal plant (i.e., the AWPS) at the RWQCP to upgrade the quality of the current recycled water, mainly used for irrigation in Mountain View and Palo Alto. The highly treated water would also enable Palo Alto to expand its non-potable distribution system and/or provide a first step toward small-scale potable water production for direct or indirect potable reuse in Palo Alto. After the Funding Agreement was signed, Palo Alto proceeded with a Request for Proposals to design the local salt removal facility. Overall, the local salt removal project is anticipated to cost approximately $20 million in 2017 dollars based on the cost estimate presented in the December 2017 Preliminary Design Report. According to the first section of the funding Agreement for this project, Valley Water will contribute $16,000,000 (Staff Report ID #10627). Any of the remaining balance will be split between Palo Alto and Mountain View (25% and 75%, respectively). Based on current anticipated costs of $20 million, Palo Alto’s anticipated cost share is approximately $1,000,000 and Mountain View’s anticipated cost share is approximately $3,000,000. In addition to the project cost share, Valley Water will pay $100,000 per year (for up to 10 years) as an effluent transfer option payment to offset the AWPS operating and maintenance costs as well as an additional $100,000 per year to compensate other RWQCP partners that commit effluent to a future transfer. Discussion To expand the use of recycled water to include cooling towers and irrigation of salt -sensitive vegetation, an advanced water purification facility is required to reduce the recycled water TDS concentration to the City Council goal of 450 +/- 50 ppm. This Project will include the design and construction of a 1.125 MGD capacity facility plus ancillary infrastructure to accommodate a future expansion to produce 2.25 MGD of permeate in a subsequent construction phase. Scope of Services Description The Consultant will provide engineering services to design the AWPS, and will also provide construction bid period services, engineering services during construction , and support during commissioning and start-up. The work to be performed under this design services contract includes: Developing a construction bid package containing the detailed design of a 1.125 MGD permeate AWPS with building space to accommodate future expansion, storage tank, and blending station; Developing a construction bid package containing the detailed design of a new odor control system; Upon approval of Project Partners, developing a construction bid package for the 2.25 MGD permeate expansion; Providing permitting support with City, local, and state agencies; and City of Palo Alto Page 4 Providing engineering services during construction, start-up, and commissioning of the AWPS and ancillary systems. Scope of Solicitation Process On May 7, 2020, the City posted a Request for Proposals (RFP) notice through Planet Bids for Design Services for an Advanced Water Purification System (CIP WQ-19003). A total of 42 design firms, vendors, and contractors downloaded the RFP documents and attachments related to the Project through Planet Bids. The solicitation period was 40 days. On June 16, 2020, proposals were received from eight qualified design firms: Black & Veatch Corporation, Brown and Caldwell, Carollo Engineers, CDM Smith , Kennedy/Jenks Consultants, Stantec Consulting Services, Trussell Technologies, and West Yost Associates. City of Palo Alto Page 5 Proposal Title/Number Design Services for an Advanced Water Purification System (RFP 178333) Proposed Length of the Project 18 months design services after Notice to Proceed followed by 2 years for Engineering Services during Construction Number of Notices sent to Vendors via City’s eProcurement system 609 Number of solicitation packages downloaded by Vendors 51 Total days to submit Proposal 40 Pre-Proposal Meeting 5/20/2020 Number of Company Attendees at Pre- Proposal Meeting 43 participants – 18 companies Number of Proposals received 8 Number of Companies interviewed 4 Range of Proposal Amounts $2,070,001 to $4,137,186 Evaluation of Proposals An evaluation committee consisting of Public Works Department staff was formed to review the proposals and conduct interviews. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP, including quality and completeness of the proposal, quality and effectiveness of services, experience with projects of similar scope and complexity, prior record of performance, cost, proposer’s financial stability, and ability to provide future maintenance and/or services. Additional Public Works Department staff, the RWQCP CIP Program Manager (Woodard & Curran), and City of Mountain View staff provided comments about the proposals. These comments were used to shortlist the finalists for interviews. After conducting the interviews, staff recommends moving forward with Black & Veatch because the firm provided a more comprehensive approach to the different aspects of this project. The firm demonstrated a clear understanding of the project and proposed innovative solutions to some of the most important challenges described in the RFP. In addition, the firm has extensive experience in the design of these systems (e.g., the local experience designing the Silicon Valley Advanced Water Purification Center operated by Valley Water at the San Jose Water Pollution Control Plant). The total not to exceed budget amount proposed for this contract is $3,182,960, comprised of 2,893,600 for the basic design services and $289,360 for additional services, as needed. Timeline The detailed design tasks are anticipated to begin in March 2021 and be completed in 18 months followed by approximately 6 months for engineering services during a construction City of Palo Alto Page 6 bidding phase and 18 months for engineering services during construction. Staff will return to Council to award a separate construction contract for this project. Resource Impact Funding for this contract is available in the Advanced Water Purification Facility Capital Improvement Program project (WQ-19003) in the Wastewater Treatment Fund FY 2021 Adopted Capital Budget. The cost for Black & Veatch design of this project will first be paid for by the City through the project budget. Subsequently, paid invoices will be submitted to Valley Water for reimbursement. In FY 2021, a total of $3.0M has been appropriated for WQ-19003 and will be encumbered in the contract. The remaining $0.2M of the contra ct will be encumbered in FY 2022, subject to the budget process and Council’s appropriation of funds for FY 2022. In addition to funding from Valley Water and Mountain View, Palo Alto is pursuing a loan from the Clean Water State Revolving Fund (Staff Report ID #10734) to spread the cost of the project over 20 to 30 years. The loan application amount includes reimbursement of staff labor and planning costs (i.e., the feasibility study and preliminary design). Staff will resubmit the application for consideration once the design is more than 49% completed per state requirements. Because of the City’s budget deficit for FY 2021, COVID-19 shelter-in-place orders, and other related measures, staff approached Black & Veatch during the scope and fee negotiations about a potential reduction in their design fee. In the spirit of cooperation and sharing the burden, Black & Veatch agreed to reduce their fee and removed the hourly labor rate escalation, keeping their labor rates constant through Calendar Year 2022. This contract for professional services permits the City to suspend, in whole or in part, or terminate the Contract for convenience (with or without cause) by providing written notice by the City Manager. In the event the City finds itself facing a challenging budget situation, and it is determined that City resources need to be refocused elsewhere, the City can terminate for convenience. Other options include termination due to non-appropriation of funds or amending the contract to reduce the cost, for example, by reducing the scope of work. Policy Implication Authorization of this Project does not represent a change in existing policies. Expanding the use of recycled water is consistent with the Sustainability Climate Action Plan Framework (Council Staff Report #7304), the Sustainability Implementation Plan (Council Staff Report #8487), and the Council’s support of the Bay Delta Plan. Stakeholder Engagement Palo Alto hosted a community meeting on October 23, 2019 to inform the community and answer questions about the components of the funding Agreement between Palo Alto, Valley Water, and Mountain View, including partial funding for the AWPS/Local Plant. Members of the City of Palo Alto Page 7 public approached staff during break-out sessions to get direct answers to questions. Most comments were focused on the Agreement terms and were overall supportive of the AWPS facility. Previous public meetings related to this Agreement and the EIR were also held. With respect to Palo Alto itself, the open meetings on the budget process serve as the mai n vehicle for engaging the community on both new projects such as this and associated rate impacts. Environmental Review Through adoption of Resolutions 9548 and 9549, the City of Palo Alto City Council acting as lead agency, certified the Palo Alto Recycled Water Project Environmental Impact Report (EIR) to include implementation of the City of Palo Alto Recycled Water Project. The Notice of Determination for the City of Palo Alto Recycled Water Project was filed on October 1, 2015. The AWPS was identified as a potential mitigation measure in the previously adopted EIR. An addendum to the EIR was prepared to evaluate the AWPS impacts; the addendum determined that the AWPS would not result in new or more severe significant impacts than those identified in the EIR. The addendum was posted to the State Clearing House for public review from September 19, 2019 to October 3, 2019. The Notice of Determination for the AWPS 1 .125 MGD Project was filed on November 20, 2019 after Palo Alto determined that the approved Project does not require either a subsequent EIR or a supplement to the previously certified EIR. Attachments: C21178333 B&V Contract_Partially Executed Professional Services Contract No. C21178333 Rev. April 23, 2020 1 CITY OF PALO ALTO CONTRACT NO C21178333 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND BLACK & VEATCH CORPORATION FOR PROFESSIONAL SERVICES This Agreement is entered into on this 8th day of March 2021, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and Black & Veatch Corporation, a Delaware Corporation, located at 2999 Oak Road, Suite 490, Walnut Creek, CA 94597 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to construct an Advanced Water Purification System (“Project”) and desires to engage a consultant to provide design and engineering services as outlined in Exhibit “A” in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) Services will be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a CITY Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under an authorized Task Order and CITY may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. Professional Services Contract No. C21178333 Rev. April 23, 2020 2 SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through June 30, 2024 unless terminated earlier pursuant to Section 19 of this Agreement. OR The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached at Exhibit “B” unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction commun icated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Two Million Eight Hundred Ninety-Three Thousand and Six Hundred Dollars ($2,893,600.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed Three Million One Hundred Eighty-Two Thousand Nine Hundred and Sixty Dollars 3,182,960.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Professional Services Contract No. C21178333 Rev. April 23, 2020 3 Section 13 below. The City will process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULT ANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be Professional Services Contract No. C21178333 Rev. April 23, 2020 4 deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: Siegfried Engineering, Cal Engineering & Geology, Inc., EOA, Inc., and Badger Daylighting CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Craig Lichty as the project director to have supervisory responsibility for the performance, progress, and execution of the Services and Dan Lopez as the project manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. CITY’s project manager is Tom Kapushinski, Public Works Department, Environmental Services Division, RWQCP 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone: 650-617-3130. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior Professional Services Contract No. C21178333 Rev. April 23, 2020 5 written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. Nothing herein shall be construed as limiting or depriving CONSULTANT of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance Professional Services Contract No. C21178333 Rev. April 23, 2020 6 or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance Professional Services Contract No. C21178333 Rev. April 23, 2020 7 of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the Project Director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. Professional Services Contract No. C21178333 Rev. April 23, 2020 8 CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements: a) All printed materials provided by CCONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable-based inks. b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Professional Services Contract No. C21178333 Rev. April 23, 2020 9 Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 25. NON-APPROPRIATION 25.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS 26.1 This Project is not subject to prevailing wages. CONSULTANT is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not include a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than 15,000. OR 26.1 CONSULTANT is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. CONSULTANT shall provide a copy of prevailing wage rates to any staff or subcontractor hired and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. 26.2 CONSULTANT shall comply with the requirements of Exhibit “E” for any contract for public works construction, alteration, demolition, repair or maintenance. Professional Services Contract No. C21178333 Rev. April 23, 2020 10 SECTION 27. MISCELLANEOUS PROVISIONS. 27.1. This Agreement will be governed by the laws of the State of California. 27.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 27.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 27.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 27.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment there to is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 27.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 27.8 In the event of a conflict between the terms of this Agreement and the exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control. 27.9 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. Professional Services Contract No. C21178333 Rev. April 23, 2020 11 27.10 All unchecked boxes do not apply to this Agreement. 27.11 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 27.12 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. Professional Services Contract No. C21178333 Rev. April 23, 2020 12 CONTRACT No. C21178333 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee BLACK & VEATCH CORPORATION Officer 1 By: __________________________________ Name: Craig Lichty_____________________ Title: Vice President, Client Director________ Officer 2 (Required for Corp. or LLC) By: __________________________________ Name: Angela Hoffman__________________ Title: Chief Financial Officer, Water Americas Business_________________________ Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E”: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS Professional Services Contract No. C21178333 Rev. April 23, 2020 13 Professional Services Contract No. C21178333 Rev. April 23, 2020 14 EXHIBIT “A” SCOPE OF SERVICES WQ - 19003 I. INTRODUCTION The City of Palo Alto (City) owns and operates a Regional Water Quality Control Plant (RWQCP) which treats wastewater from six communities. The RWQCP has a permitted dry weather capacity of 39 million gallons per day (MGD), annual average treated flow of 19 MGD, and a wet weather capacity of 80 MGD. The RWQCP produces approximately 230 million gallons of tertiary-treated recycled water annually with much of the demand occurring May - August. The City’s objective for this Advanced Water Purification System (AWPS) project is reducing the total dissolved solids (TDS) concentration in recycled water from about 810 mg/L to 450 ± 50 mg/L. In 2019, the recycled water produced at the RWQCP had an average concentration of 810 mg/L TDS. This Scope of Services is for the detailed design of an AWPS located at the RWQCP to initially provide 1.125 MGD of permeate, with provisions for future expansion to produce 2.25 MGD of permeate in a subsequent construction phase. The AWPS will be designed to consist of Ultrafiltration (UF) or Microfiltration (MF) followed by Reverse Osmosis (RO) treatment processes as well as all chemical storage / feed systems and ancillary components as defined herein. The AWPS will be designed to be fed disinfected recycled water from the RWQCP for initial construction. In the future expansion to 2.25 MGD, it is anticipated that the AWPS will be fed disinfected final effluent. The produced permeate from the AWPS will be blended at an appropriate ratio with the existing tertiary-treated recycled water in order to achieve an instantaneous TDS concentration of 450 ± 50 mg/L. RO concentrate will be blended with RWQCP final effluent prior to discharge through the RWQCP’s outfall pipeline. In addition, the AWPS design will include provisions to also serve as a test bed (i.e. pilot skid) to conduct research and operational studies that would inform future efforts to develop water reuse in Santa Clara County. The AWPS Facility will be owned by the City and operated and maintained by the City’s RWQCP staff. The AWPS Facility will be funded by the City, the City of Mountain View (Mountain View) and the Santa Clara Valley Water District (Valley Water) (Mountain View and Valley Water are referred to together as the “Agency Partners”). It is the City’s goal that all public utility connections to the AWPS Facility will be metered separately and can be isolated physically from the core infrastructure of the RWCQP. existing infrastructure. A new electrical service will be established for the AWPS with the City’s Electrical Utility that is sized for the initial 1.125 MGD project, and the expansion to 2.25 MGD. Flexibility to add an in-pipe type UV reactor for disinfection will be included in the electrical loads and site plan. The City, as the lead agency, with participation by Mountain View, Valley Water, and the project Consultant Black & Veatch, has prepared this Scope of Services that includes all necessary tasks Professional Services Contract No. C21178333 Rev. April 23, 2020 15 for the completion of the design, bidding and engineering services during construction and start- up of the project. II. BACKGROUND Background information for this Scope of Services includes the following: x REVISED Final Advanced Water Purification System Feasibility Study, May 25, 2017 x Advanced Water Purification System Preliminary/Conceptual Design Report, December 15, 2017 x Addendum to the 2015 City of Palo Alto Recycled Water Project Environmental Impact Report has been prepared for the AWPS project, September 13, 2019 x Membrane Pilot Testing Report, August 2018 x Reverse Osmosis Concentrate Toxicity Study, December 12, 2018 III. CONSULTANT’S SCOPE OF SERVICES (GENERAL) This section describes the nature and scope of engineering design and Operations and Maintenance (O&M) services to be provided for the final design, bidding, construction and start- up of the AWPS. The CONSULTANT shall provide engineering services during all phases of the project from preliminary design, design, bid period services, engineering services during construction, and support during commissioning and start-up. CONSULTANT shall design the system such that it can be constructed without interruption to the current treatment operations, except as allowed under special circumstances, which are expected to entail piping and utility tie-ins. CONSULTANT shall provide overall coordination of engineering disciplines (including civil, structural, mechanical, electrical, and instrumentation and controls) and other disciplines required for the successful development of a consolidated set of detailed design documents consisting of specifications, drawings and opinion of probable construction cost (OPCC) that will result in three (3) final construction bid packages: x The first construction bid package to be issued will contain the detailed design of a new odor control system for the influent pump station, referred as the New Pumping Plant NPP). This is covered under Task 2 below. x The second construction bid package will contain the detailed design of a 1.125 MGD permeate AWPS with building space provisions to accommodate expansion, covered under Task 1 below. Design of the demolition to the existing odor control system is included as part of this bid package. x The third construction bid package will contain the detailed design of the expansion of the 1.125 MGD AWPS to produce 2.25 MGD permeate, covered under Task 3 below. CONSULTANT shall incorporate in the design details and/or specifications provisions for all necessary equipment including: automatic strainers, isolation valves, flushing connections, Professional Services Contract No. C21178333 Rev. April 23, 2020 16 MF/UF and RO Skids, clean-in-place equipment, pump skids, break tanks, storage tanks, chemical feed systems, decarbonator, air compressor, air blower and accessories, odor control, building canopy, test bed, recycled water storage tank, and blending facilities. This facility is not intended to be a showplace for educational tours, so CONSULTANT is not required to allocate space to accommodate tour groups design the system with signage and placards to describe equipment and processes. For this Project, the City has prepared a planning-level budget but not a stated construction budget, as described in Section 9 of the Agreement. CONSULTANT shall prepare a cost trending log during design to show the impact design decisions have on the opinion of probable construction costs. Following CONSULTANT’s preparation and review of the 30% design submittal, which will include an opinion of probable construction cost as further detailed below, the City will establish a stated budget for the Project, taking into account CONSULTANT’s opinion of probable construction cost and other relevant factors The main features of scope of design and engineering services shall include the following: x Basis of Design Report including 30% Design Drawings and Class 4 OPCC x Design and Bidding Document Submittals for an Advanced Water Purification System AWPS) at 60%, 90% and 100% development. x Development of construction sequencing requirements x Development of control strategies x Development of an O&M Manual for the overall system operation, with detailed process and control descriptions of the process train x Technical support of specific regulatory and resource agency permitting requirements is provided in Task 4. No specific support for financial coordination, including State Revolving Fund (SRF) loan and energy efficiency alternative funding applications, or CEQA document modifications is required from the Consultant. However, deliverable information prepared under various tasks in this agreement such as project descriptions, OPCC information, site plans, BIM model images, etc., will be provided for the City’s use in funding applications. IV. CONSULTANT SCOPE OF SERVICES (BASIC SERVICES) CONSULTANT's services shall include the performance of all tasks described in the following sections. All deliverables including drawings, specifications, graphics, schedules, and reports shall be provided in hard copy and in their original software version (Excel, Word, AutoCAD 3D, PowerPoint, etc.) and PDF version. Task 1 – Detailed Design of 1.125 MGD AWPS and Storage Tank Professional Services Contract No. C21178333 Rev. April 23, 2020 17 For this Task, CONSULTANT shall develop a bid package made up of design documents (including specifications, expected construction schedule/sequencing, and OPCC) for an Advanced Water Purification System (AWPS) that produces 1.125 MGD of permeate. CONSULTANT shall design the 1.125 MGD AWPS such that it can be expanded to produce 2.25 MGD permeate in the future with minimal additional site and yard piping work. The building footprint shall be large enough to accommodate the future expansion of the system. In addition, the design must account for the future expansion by including: x Housekeeping pads for future equipment skids x Sizing pipe headers large enough to meet the expansion flow requirements x Accounting for future equipment electrical loads in the MCCs x Any other items related to accommodate future expansion of the system x Vendor start-up services CONSULTANT shall include design documents for all disciplines (civil, structural, mechanical, electrical, instrumentation and controls, etc.) required for the development of a consolidated set of detailed design documents consisting of specifications and drawings necessary for the successful construction and operation of the AWPS. CONSULTANT shall design the facility to comply with Palo Alto Municipal Code, state and federal regulations, Cal OSHA requirements, and all other applicable regulations. CONSULTANT shall design the system such that it can be constructed without interruption to the current treatment operations. The only planned outages are anticipated only for piping tie-ins for AWPS feed, blending, and concentrate discharge. CONSULTANT shall specify provisions to protect membranes to the extent possible, during long-term shutdowns in the O&M manual. CONSULTANT shall establish a proposed construction sequence in sufficient detail to meet the RWQCP’s ability to comply with its NPDES Permit, Recycled Water Order 93-160 and future Recycled Water Regulations such as the Statewide General Order. 1.1 Site Work / Civil Design CONSULTANT shall research, review and use Planning Phase deliverables as a basis for the design, as well as to conduct necessary field investigations (i.e. geotechnical, land surveying, and potholing) to establish a Project Base Map, and prepare reports that will inform the design. CONSULTANT is responsible for collecting all the data and conducting all investigation that are needed to complete the final design. NAD83 and NAVD88, are the respective horizontal and vertical control datums used at the RWQCP. CONSULTANT shall identify and review the existing site conditions, including existing utilities and a biofilter bed that requires removal and replacement. CONSULTANT shall consider utilities relocation for the project including RWQCP water, storm drains, irrigation, Renzel Marsh pipeline, and low-voltage electrical. CONSULTANT shall include Professional Services Contract No. C21178333 Rev. April 23, 2020 18 in the design the preservation of the two (2) landfill gas monitoring wells and associated access. CONSULTANT shall establish the finished floor elevation of the AWPS at 14.0-ft above sea level. CONSULTANT will verify that this is above the FEMA Base Flood Zone Elevation for this site and will prepare equipment installations above the flood zone accordingly. CONSULTANT shall incorporate in the design any additional pertinent requirements from the City of Palo Alto Sea Level Rise Policy. Incorporating the City Sea Level Rise policy will require the finished floor elevation to be approximately 14.0 feet NAVD88. The design shall consider the turning radius for chemical delivery trucks from within the RWQCP to the AWPS Chemical Storage Area. CONSULTANT shall include a pavement restoration design for those RWQCP areas impacted by construction. CONSULTANT shall include in the design repaving around existing facilities at the north end of plant impacted by excavation and construction. CONSULTANT shall route all stormwater from the site to the RWQCP’s headworks. 1.2 Process Mechanical Design Consultant’s process design shall include pre-treatment systems, break tanks, cleaning and blending systems, including: x Pre-filtration x Chemical Storage and feed systems x UF / MF and R.O. Membrane Skid Assemblies x Decarbonated x Break tanks and pumping system x UF / MF Cleaning system x Reverse Osmosis (R.O.) Cleaning system x Blending station to produce enhanced recycled water x Pilot test bed area & sampling points throughout the process. x Motor Control Center design x Fire Protection System design for the building(s) x Medium Voltage and Low Voltage Power Distribution system design x Instrumentation and Control system design x Access platforms and stairs for accessing equipment x Other required ancillary systems identified in the City’s Preliminary Design Report CONSULTANT shall confirm the RO permeate storage requirement for the initial 1.125 MGD and for the future AWPS expansion to 2.25 MGD capacity and coordinate with the City for selection of the tank material. CONSULTANT shall evaluate needed blending facilities for reverse osmosis permeate and the existing tertiary-treated recycled water currently produced at the RWQCP under Professional Services Contract No. C21178333 Rev. April 23, 2020 19 initial and future expansion conditions. CONSULTANT shall explore alternatives for blending facilities including those specified in the Preliminary Design Report as well as other possible locations and try to avoid the use of underground areas that are highly congested with existing utilities. CONSULTANT shall include in its evaluation all facilities (including additional storage and in-situ automated instrumentation) needed to blend the purified water with the existing tertiary-treated recycled water. The AWPS PDR blend ratio is based on a 1:1 blending ratio between these sources; however, in reality this will not work, and the City needs the ability to vary the blending ratio to meet a much greater turndown ratio. This is especially true in the wet weather season when recycled water usage typically drops. This critical design aspect needs CONSULTANT to review the existing controls of the Recycled Water Reclamation Plant Feed Pumps and hypochlorite dosage control strategy as it relates to incorporation into the new blending strategy. Consideration should be given to retrofit the pumps’ constant speed motors with inverter duty motors and VFD controls, and modification of the hypochlorite injection control and feedback loop. CONSULTANT shall provide details on automated valves, flow meters, controllers, and other equipment to provide the City flexibility to operate and increase or decrease the blending ratios depending on production and demand of enhanced recycled water. CONSULTANT shall also provide details on the operational aspects of blending and blending percentages, such as rotating equipment trains, returning permeate to the head of the system, etc., such to minimize enhanced recycled water production during those periods of low demand. CONSULTANT shall design blending facilities for RO concentrate into the RWQCP outfall line. The current RWQCP NPDES Permit (Order R2-2019-0015) authorizes blending up to 0.2 MGD of reverse osmosis concentrate from the planned AWPS with fully treated effluent prior to discharge, thus slightly increasing the concentration of the discharge. CONSULTANT shall design a pipe stub out and isolation valve to the plant effluent line for a future pipeline and pump station that will convey treated effluent to a future regional recycled water facility, to be located within the City of Palo Alto and owned by Valley Water. The tie-in point might consist of a valve vault for connections to a pump station, which would convey the water to the future facilities. Space should be allocated to locate a future pump station in close proximity to the piping tie-in point. 1.3 Structural Design CONSULTANT shall provide a structural design that is in accordance with all jurisdictional requirements including the 2019 California Building Code. Seismic design requirements shall apply to the building / canopy structure as well as non-structural components. CONSULTANT shall include field verification of existing infrastructure for design of proposed structural improvements under this project. Professional Services Contract No. C21178333 Rev. April 23, 2020 20 CONSULTANT shall design the AWPS to be constructed on a concrete slab with canopies over AWPS filter and membrane equipment. CONSULTANT shall conduct a geotechnical study at the project site to properly characterize the soils and groundwater conditions, and develop recommendations including foundation design for the AWPS, permeate storage tank and ancillary facilities. CONSULTANT should anticipate that a pile supported slab is required. CONSULTANT shall evaluate if a pile supported slab foundation is the best option or provide a more suitable solution provided the detailed geotechnical study. For more details about the preliminary foundation design refer to the Geotechnical Desk Study – Advanced Water Purification System Project. Task 1.3 assumptions: x Design for seismic liquefaction not included for spread or mat foundations, which will be used except where noted to use auger-cast piles. Settlement criteria of 1" total and 1/2" differential will be used. x CONSULTANT will design all pipe supports for piping 14 inches and greater. x CONTRACTOR will be required to design all pipe supports for piping 12 inches and smaller, performance specified. x Design of structural elements for a fall protection system is not included. x Special Inspections support is not included. x Tank, foundation, and piles to be designed by tank manufacturer and covered by a performance specification. x Meter Vaults: RW vault is approximately 9' x 8' in plan, and 10' deep, permeate vault is approximately 11' x 8' in plan, and 10' deep, vaults are CIP concrete, tops are at grade level, and require no stair access or railing. x Electrical Building approximate plan dimensions of 40' x 20'’, foundation is slab on grade with thickened edge around perimeter, structure is assumed to be a pre-engineered building, performance specified. x Geotechnical o Assumed 3 borings and 4 Cone Penetration Tests (CPT) o Assumed boring depth between 50 and 70 feet o Assumed CPT depth of 70 feet o Assumed 2 days of drilling and 1 day for CPT. o Assumed site is accessible with truck/track mounted rig. o Soil sampling and penetration testing will be performed at intervals between 3 and 5 feet. 4 samples will be taken and tested in a laboratory for engineering properties, including natural moisture content, dry density, grain size analysis, Atterberg limits, unconsolidated-undrained triaxial strength, consolidation, Resistance (R) – value testing and corrosion analysis. Professional Services Contract No. C21178333 Rev. April 23, 2020 21 1.4 Mechanical Design CONSULTANT shall design the AWPS to incorporate California Code of Regulations, Title 24 requirements for energy conservation, particularly as it applies to structural, mechanical, electrical, lighting, and plumbing systems in the building / canopy. CONSULTANT shall include the development of a performance specification for a packaged fire sprinkler system, to be purchased and installed by the CONTRACTOR. CONSULTANT shall design the system to minimize noise generation. A noise generation study shall be included in the design, as well as design of sound attenuation measures. CONSULTANT shall develop a noise study with recommendations to minimize noise and design the structure with sound attenuation measures, as required to reduce sound levels from the equipment along Embarcadero Road. Task 1.4 Assumptions: x The control room, inside the electrical building, will be heated and air conditioned for personnel comfort and to achieve Title 24 compliance. x The electrical room will be heated with unit heaters and air conditioned by packaged air conditioning. x Adequate water supply is available at the RWQCP with sufficient flow and pressure for the sprinkler system and other potable and non-potable water requirements. x Fire pump system or fire water storage tank is not required. x Meter vaults will not have any type of HVAC. 1.5 Electrical, Instrumentation, and Control Systems CONSULTANT shall include in the design a new City of Palo Alto Utilities (CPAU) electrical service connection extending from Embarcadero Road for the AWPS. The new service shall be designed to meet CPAU standards for new commercial electrical service. Refer to CPAU Transformer and Transition Cabinet drawing. CONSULTANT shall develop a design for a new electrical building constructed to the north of the AWPS and include an operator workstation/control room. The new electrical building shall comply with City of Palo Alto Municipal Code and other applicable regulations for fire protection. CONSULTANT shall design a standalone PLC and SCADA system with a local historian that is compatible with the RWQCP Process Control Systems Technology Standards (SCADA Standard). The AWPS SCADA shall follow the equipment standards as well as the networking standards defined in the SCADA Standard and will provide remote screens, local and remote alarms and data transfer to the RWQCP Administration Building and Main Operations Control Room located in the Operations Building. Communication Professional Services Contract No. C21178333 Rev. April 23, 2020 22 Network design required to connect the AWPS SCADA system with the RWQCP SCADA system shall be coordinated with RWQCP Technology / SCADA Support Staff to define the connection point. The new network link shall provide fiber optic communications through a new patch panel to communicate with the RWQCP SCADA and Radio System. All equipment located at the Administration and Operations Buildings will be integrated by the contract control system integrator, with assistance from RWQCP Technology / SCADA support staff. CONSULTANT shall include in the design a telephone line for connection to the RWQCP telephone system. CONSULTANT shall propose instrumentation and control equipment that is consistent with the RWQCP Process Automation Standard and/or is readily available from local distributors and shall be integrated within City’s existing control system. CONSULTANT shall propose equipment from manufacturers with at least ten (10) years of experience with a proven track record in similar environments and duty conditions within the United States of America; for package systems, these requirements shall be fulfilled to the extent possible. Due to the sensitive nature of the information contained in the RWQCP Process Automation Standard, the Standard will be made available to the CONSULTANT, subject to entering a nondisclosure agreement. The CONSULTANT shall include in the design a manual transfer switch and space to accommodate a portable generator with spill containment provisions. The switch shall be specified to function with a generator sized only to perform a shutdown of the AWPS and for system monitoring. The City will provide a portable generator on an “as needed” basis. A dedicated emergency generator is not to be included in the design. The Contractor will be responsible for testing the switch and a portable generator provided by the City. CONSULTANT shall include in the design electronic security and safety systems such as: cameras, allowance for future card readers, addressable fire alarms, night security lighting, intrusion alarms, motion detectors, and emergency lighting. to comply with RWQCP Process Automation Standards. The security system features to be integrated with the existing RWQCP security / surveillance system. CONSULTANT shall include analytical instrumentation for monitoring and control over the complete process train. In addition, continuous TDS concentrations monitoring, pH and chlorine residual of the AWPS permeate tertiary-treated recycled water and blended recycled water. All instruments shall provide a local readout with a signal output to the PLC and SCADA control screens. Task 1.5 Assumptions: x CONSULTANT’s standard electrical design (one-line diagrams, power plans showing equipment locations, lighting plans, panel schedules, schematics, and details) will be performed and standard documents created. Professional Services Contract No. C21178333 Rev. April 23, 2020 23 x Cable tray, large conduit corridors, and 4” and larger conduit will be modeled in 3D with cable tray shown on drawings. Detailed conduit routing, and cable/conduit schedules are not part of CONSULTANT’s standard design. x Arc Flash and coordination study will be specified to be includ ed in the CONTRACTOR’s scope of work. x It is assumed that meter vaults will not have any lighting. x Network configuration performed by CONTRACTOR or City, as required. Backbone SCADA and PLC network configuration is done by RWQCP SCADA / Technology support staff, but the MF / UF / RO packaged system vendor may have their own internal network switches that are specific to their system, in which case the system vendor will do the configuration. x New standalone SCADA system for the AWPS based on AB PLCs and iFIX HMI. The new SCADA system will communicate with the existing RWQCP SCADA system. Preliminary design included redundant AWPS plant PLCs communicating to 5 RIOs or Vendor PLCs and ethernet connections to VFDs and power monitoring devices. x Design coordination with remote communication by others to the 2.25 mgd expansion RO permeate tank. x I&C design consists if P&ID drawings, Control System Block Diagram drawings, panel enclosure layouts, installation detail drawings, and specifications. Additional drawings for detailed wiring diagrams are not included, i.e. loop diagrams or detailed panel wiring diagrams are not included. x City to provide portable generator information to Consultant for designing the manual transfer switch. x Task 1.5 will be confirmed based upon review of the RWQCP Process Control Systems Technology Standards (SCADA Standard) 1.6 Landscape Design CONSULTANT shall include in the design landscape restoration and public sidewalk realignment to provide additional buffer and screening between the sidewalk and the AWPS. CONSULTANT shall include in the design consideration of a 20-foot buffer from the RWQCP property line to the AWPS building to provide screening between the public and the AWPS for an aesthetically pleasing facility. CONSULTANT shall include in the design a landscape irrigation system, and connection of that system to the existing recycled water irrigation system. CONSULTANT shall prepare a Tree Protection and Preservation Plan based on existing tree survey conducted by the City. CONSULTANT shall avoid tree removal when possible and include identification of trees to be removed in the detailed landscape drawing. Professional Services Contract No. C21178333 Rev. April 23, 2020 24 Task 1.6 Assumptions: x Photometric plans detailing lighting levels are not included. (Lighting will be provided for basic security in active use areas within the AWPS site only). x Phase I Environmental Assessment, Phase II Subsurface Investigation, and asbestos and lead containing material investigation and report are not included. Task 1 – Deliverables CONSULTANT shall provide all deliverables including drawings, graphics, schedules, reports and technical memoranda in their original software format (e.g., Excel, Word, AutoCAD 3D, etc.) as well as in PDF and in hard copy when specified in the below deliverable sections. CONSULTANT shall conduct internal quality assurance and quality control reviews of all deliverables prior to submitting to the City for review by the City, Mountain View and Valley Water. CONSULTANT shall provide at least 15 business days for City and Agency Partners’ review of each deliverable. CONSULTANT shall prepare and conduct Design Review Workshops to be held at time of deliverable submittal with City and Agency Partner staff to walk them through the 30%, 60% and 90% Draft Design Deliverables, obtain input, and confirm decisions during design development. City and Agency Partners will provide feedback that CONSULTANT shall incorporate into subsequent design project deliverables when feasible. 30% Design Deliverable x Kickoff Meeting o Meeting Agenda o Meeting Minutes (draft and final) o Draft Communication Plan o Draft Summary of Required Key Design Decisions o Draft BOD Report Outline x Key Design Decision Small Group Meetings – 5 each. x Draft BoDR Presentation Workshop (Pre-City and Agency Partner Review) o Meeting Agenda o Slide Presentation o Sign-in sheet, and meeting minutes x Basis of Design Report (BoDR) Submittal o Draft BoDR– two (2) hard copy sets, 1 electronic set in pdf format and 1 electronic copy in MS Word including: x Key Design Decisions developed during small-group meetings will be addressed in the BoDR including: MF/UF and RO membrane technology and configuration selection, turn-down capability, seasonal and long- term shutdown recommendations. Assessment of pumping vs. break tanks between membrane processes. Procurement methodology. Professional Services Contract No. C21178333 Rev. April 23, 2020 25 x Chemical storage requirements, storage approach (tanks vs. totes), addition points, control strategy, access and features for O&M. x AWPS Overall Layout and selection of canopy vs. partial enclosure or enclosed building options based on cost and non-cost factors. x RO permeate storage volume assessment (@1.125 and 2.25 MGD capacity) and tank location(s) and materials selection. x Blending station siting, layout, configuration, and control strategy requirements and blend ratio rangeability and constraints. x Test Pad Area layout and provisions for future pilot equipment access to feed water, power, waste, lighting and other required utilities. x Noise generation and attenuation study x Landscape Restoration, Trail Realignment, and Pavement Restoration General project scope and background references. Design criteria, including: x Flow rates – current and anticipated. x AWPS feed water quality - physical, chemical and biological. x RO permeate water quality. x Applicable codes and standards, including fire and safety codes including code review and approval process. x Local building, planning, and zoning department requirements including code review and approval process. x Site considerations, including subsurface conditions, flood elevations, drainage requirements, etc. x P&ID and Process Flow Diagrams x Preliminary site plan, building layouts, and architecture. x Preliminary hydraulic profile. x Process and hydraulic systems. x Chemical feed and storage. x Operational monitoring and control systems. x HVAC systems. x Electrical systems. x Structural design criteria. x Communications systems. x Miscellaneous support systems. x Security systems. x Utility requirements. o Final BoDR – two (2) hard copy sets, 1 electronic set in pdf format and 1 electronic copy in MS Word Professional Services Contract No. C21178333 Rev. April 23, 2020 26 o Functional Description summarizing operating strategies and capabilities o Draft & Final Geotechnical Study/Technical Memorandum o Topographic Survey o Potholing Survey o Preliminary Construction Schedule with key milestones (presented in MS Project) x 30% drawings set (provide in PDF and two (2) hard copies) x Project Initial Specification List in CSI 2018 MasterFormat x Association for the Advancement of Cost Engineering (AACE) Class 4 OPCC accuracy range of 20% / +30% x 30% Design Review Workshop o Meeting Agenda o Slide Presentation o Sign-in sheet, and meeting minutes 60% Design Deliverable x 60% Design Review Workshop o Meeting Agenda o Slide Presentation o Sign-in sheet, and meeting minutes x Sole-sourced, Prequalified and Pre-purchased Equipment List with rationale x Preliminary Construction Schedule with key milestones (presented in MS Project) x 60% drawings set (provide in PDF and two (2) hardcopies) x 60% Specifications in CSI 2018 MasterFormat x RO Projections and RO Normalization Calculations x Draft process design calculations x Association for the Advancement of Cost Engineering (AACE) Class 3 OPCC, accuracy range of 15% / +20% x Focused Review Workshops (for O&M Staff): o O&M Process Workshop on the process train and ancillary equipment targeted for discussion targeted for Operations staff. o Process Automation (PLCs, HMIs, Fiber Optics communications) Design Review Workshop targeted for discussion with SCADA/Technology staff. o Equipment Access and Site Safety Workshop targeted for Operations and Maintenance staff. o Chemical Delivery and Safety Workshop targeted for Operations staff. o Power Distribution (12-kV, MCC’s) Design Workshop targeted for Electrical Maintenance staff. Professional Services Contract No. C21178333 Rev. April 23, 2020 27 90% Design Deliverable x 90% Design Review Workshop o Meeting Agenda o Slide Presentation o Sign-in sheet, and meeting minutes x 90% Construction Schedule with key milestones (presented in MS Project) x 90% drawings set (provide in PDF and two (2) hard copies) x 90% Specifications in CSI 2018 MasterFormat x Final process design calculations x AACE Class 2 OPCC, accuracy range of -10% / +15% 100% Design Deliverables / Bid Package x Final Specifications that conform to CSI 2018 MasterFormat (provide in MS Word and two (2) hard copies) x 100% drawings set (provide in PDF and two (2) hard copies x Final R.O. Projections x Final Process Design Calculations x Final Construction Schedule Task 1 - General Assumptions x Kickoff meeting and workshops will be attended via conference call until health orders allow in-person meetings. At that time, workshops will be attended virtually or in-person by up to two members from the CONSULTANT. All other members will join via conference call. x B&V standard specifications will be used, except for Division 0. x Value Engineering study and/or responses not included. x B&V standard graphics will be used for all drawings. x All required calculation submittals will be provided in portable document format (PDF). x Demolition of the existing RW storage tanks not included. x The Preliminary Drawing list is attached to this Scope of Services. Task 2 – Detailed Design of Odor Control System for the New Pumping Plant CONSULTANT shall design a replacement odor control system to be located adjacent to the influent pump station known as the New Pumping Plant (NPP) to treat foul air from the NPP. The demolition of the existing biofilter bed located on the project site will be included in Task 1. CONSULTANT shall design the replacement system to treat approximately 6,000 standard cubic feet per minute of exhaust air from the NPP and remove hydrogen sulfide and ammonia as follows: x Hydrogen sulfide: Professional Services Contract No. C21178333 Rev. April 23, 2020 28 o 99% removal for inlet concentrations above 10 parts per million by volume (ppmv) o For inlet concentrations less than 10 ppmv, maximum outlet concentration of 100 parts per billion by volume (ppbv) x Ammonia o 90% removal for inlet concentrations above 50 ppmv o For inlet concentrations less than 50 ppmv, maximum outlet concentration of 5 ppmv CONSULTANT shall verify these pollutant criteria for sizing equipment accordingly and perform data review of air quality data and perform a grab sample to confirm odor characterization for design. CONSULTANT shall determine appropriate odor control technology and equipment sizing for this application. As described in more detail in the Permitting task below, CONSULTANT shall provide air permitting support, submit and secure a BAAQMD Permits to Construct and Operate. The workflow for this task includes the following procedural steps: x Odor Characterization - including review of data, discussion of O&M’s understanding, and new grab samples x Preliminary Technology Assessment, including general advantages and disadvantages. PowerPoint slides summarizing the assessment will be provided to City three business days before the following workshop. x Technology Alternatives Screening and Selection Workshop with Engineering and O&M 1-hour duration). x 30% Design Submittal including Basis of Design Criteria x 90% Design Submittal and Class 2 OPCC, accuracy range of -10% / +15% x 100% Bid Document Submittal Task 2 – Deliverables CONSULTANT shall provide all deliverables including drawings, graphics, schedules, reports and technical memoranda in their original software format (e.g., Excel, Word, AutoCAD 3D, etc.) as well as in PDF and in hard copy when specified in the below deliverable sections. CONSULTANT shall conduct internal quality assurance and quality control reviews of all deliverables prior to submitting to the City for review by the City, Mountain View and Valley Water. CONSULTANT shall provide at least 15 business days for City and Agency Partners’ review of each deliverable. CONSULTANT shall prepare and conduct Design Review Workshops to be held at time of deliverable submittal with City and Agency Partner staff to walk them through the 30% and 90% Draft Design Deliverables, obtain input, and confirm decisions during design development. City and Agency Partners will provide feedback that CONSULTANT shall incorporate into subsequent design project deliverables when feasible. Task 2 – General Assumptions Professional Services Contract No. C21178333 Rev. April 23, 2020 29 x Workshops will be attended via conference call until health orders allow in-person meetings. At that time, workshops will be attended virtually or in-person by up to two members from the CONSULTANT. All other members will join via conference call. x The Basis of Design Report developed in Task 1 will be used for the Odor Control Replacement design. x B&V standard specifications will be used, except for Division 0. x Value Engineering study and/or responses not included. x B&V standard graphics will be used for all drawings. x All required calculation submittals will be provided in portable document format (PDF). x Demolition of the existing biofilter is included in Task 1. x The Preliminary Drawing list is attached to this Scope of Services. Task 3 – Detailed Design Expansion for 2.25 MGD Production and Storage For this Task, CONSULTANT shall develop a bid package made up of design documents to go directly to a 90% design deliverable, (including plans, specifications, expected construction schedule/sequencing, and OPCC) for an expansion of the 1.125 MGD AWPS to produce 2.25 MGD permeate with minimal additional site work and piping. With most of the infrastructure in place from the design of the 1.125 MGD facility, the design for the expansion is assumed to include the following items: x Addition of equipment skids onto existing housekeeping pads x Extension of piping and electrical to the new equipment x Integration of the new equipment items into the existing system x Vendor start-up services CONSULTANT shall include design documents for all disciplines necessary for successful construction and operation of the expanded AWPS, including civil, structural, mechanical, electrical, instrumentation and controls, and other disciplines as required. CONSULTANT shall design the facility to comply with Palo Alto Municipal Code, state and federal regulations, Cal OSHA requirements, and all other applicable laws and regulations. CONSULTANT shall sequence construction such that the current recycled water and enhanced recycled water production performance and operations are maintained on a continuous basis as much as possible. CONSULTANT shall establish a proposed construction sequence in sufficient detail which meets the RWQCP’s ability to comply with its NPDES Permit and Recycled Water Order 93-160 as well as by the requirements set by the Statewide General Order when applicable. 3.1 Process Mechanical Design The process design shall include all necessary components to process the increased flow through the system, including: Professional Services Contract No. C21178333 Rev. April 23, 2020 30 x Pre-filtration x UF / MF and R.O. Membrane Skid Assemblies Expansion / Addition x Motor Control Center modifications x Integration of new equipment into the Instrumentation and Control system x Other required ancillary systems Assuming additional storage is needed per the RO permeate storage tank evaluation developed in Task 1, CONSULTANT shall design a second reverse osmosis permeate storage tank for a future AWPS expansion to 2.25 MGD. The location of the second RO permeates storage tank, if necessary, will be confirmed in the RO permeate storage tank evaluation in Task 1. 3.2 Structural Design CONSULTANT shall provide a structural design that is in accordance with all jurisdictional requirements including the 2019 California Building Code. CONSULTANT shall include field verification of existing infrastructure for design of proposed structural improvements under this project. CONSULTANT should anticipate that a pile supported slab is required to support a new storage tank, if necessary. CONSULTANT shall evaluate if a pile supported slab foundation for the storage tank is the best option or provide a more suitable solution provided the detailed geotechnical study performed in Task 1. 3.3 Electrical, Instrumentation, and Control Systems CONSULTANT shall integrate the new equipment components into the existing PLC and SCADA System. The design is to be compatible with the RWQCP Process Control Systems Technology Standards (SCADA Standard). This will require PLC program and SCADA program modifications, possibly the development of new SCADA screens, and testing of newly integrated components with the existing control system. The new equipment components shall communicate with the RWQCP SCADA and Radio System. All equipment will be integrated by the contract control system integrator, with assistance from RWQCP Technology / SCADA support staff. CONSULTANT shall propose all new instrumentation and control equipment that is consistent with the RWQCP Process Automation Standard and/or is readily available from local distributors and shall be integrated within City’s existing control system. CONSULTANT shall propose equipment from manufacturers with at least ten (10) years of experience with a proven track record in similar environments and duty conditions within the United States of America; for package systems, these requirements shall be fulfilled to the extent possible. Due to the sensitive nature of the information contained in the RWQCP Process Automation Standard, the Standard will be made available to the successful CONSULTANT, subject to entering a nondisclosure agreement. Professional Services Contract No. C21178333 Rev. April 23, 2020 31 3.4 Landscape Design CONSULTANT shall include in the design landscape restoration at the area of the new storage tank, if a new storage tank is necessary. Restoration includes public sidewalk realignment to provide additional buffer and screening. CONSULTANT shall include in the design consideration of a 20-foot buffer from the RWQCP property line to the new tank to provide screening for an aesthetically pleasing facility. CONSULTANT shall prepare a Tree Protection and Preservation Plan based on existing tree survey conducted by the City. CONSULTANT shall avoid tree removal when possible and include identification of trees to be removed in the detailed landscape drawing. Task 3 – Deliverables CONSULTANT shall provide all deliverables including drawings, graphics, schedules, reports and technical memoranda in their original software format (e.g., Excel, Word, AutoCAD 3D, etc.) as well as in PDF and in hard copy when specified in the below deliverable sections. CONSULTANT shall conduct internal quality assurance and quality control reviews of all deliverables prior to submitting to City and Agency Partners for review. CONSULTANT shall provide at least 15 business days for City and Agency Partners’ review of all deliverables. CONSULTANT shall prepare and conduct Design Review Workshops to be held at time of deliverable submittal with City and Agency Partners staff to walk them through the 90% Draft Design Deliverables, obtain input, and confirm decisions during design development. City and Agency Partners will provide feedback that the CONSULTANT shall incorporate into the 100% project deliverable when feasible. 90% Design Deliverables x 90% Design Review Workshop o Meeting Agenda o Slide Presentation o Sign-in sheet, and meeting minutes x 90% Construction Schedule with key milestones (presented in MS Project) o 90% drawings set (provide in PDF and two (2) hard copies) o 90% Specifications in CSI 2018 MasterFormat o Final process design calculations o AACE Class 2 OPCC, accuracy range of -10% / +15% o Final RO Projections o 90% Construction Schedule Professional Services Contract No. C21178333 Rev. April 23, 2020 32 100% Design Deliverables / Bid Package x Final Specifications that conform to CSI 2018 MasterFormat (provide in PDF, Microsoft Word, and two (2) hard copies) x Final Drawings/Plan Set (provide in PDF, Microsoft Word, AutoCAD 3D and two (2) hard copies) x Final Construction Schedule Task 3 - General Assumptions x It is assumed that the workshop listed in Task 3 will be attended via conference call until health orders allow in-person meetings. At that time, workshops will be attended virtually or in person by up to two members from the CONSULTANT. All other members will join via conference call. x All calculations will be completed in Task 1 – it is assumed no new calculations will be completed in Task 3. x It is assumed that the future tank, if necessary, will be located as indicated in the Addendum to the EIR for the City of Palo Alto Recycled Water Project. x Demolition and modifications of the existing RW storage tanks not included. x It is assumed that technical evaluations and the Basis of Design Report will include requirements for expansion to 2.25 MGD and will not be updated. x It is assumed that all geotechnical work will be completed in Task 1 for the future tank location. x It is assumed that specifications will be copied from Task 1 and that minimal edits will be required. x Discipline-specific assumptions and general assumptions from Task 1 apply to Task 3. x The Preliminary Drawing list is attached to this Scope of Services. Task 4 – Permitting for 1.125 MGD AWPS CONSULTANT shall investigate what permits are necessary for the project and assist the City in obtaining all permits and approvals for the 1.125 MGD AWPS facility. An Addendum has been completed to the 2015 Environmental Impact Report for the City of Palo Alto Recycled Water Project (Phase III Pipeline) to account for the AWPS. CONSULTANT shall prepare submittal packages for permit approval, answer questions from permitting agencies/stakeholders, and attend various in-person or virtual meetings with permitting agencies. Table 7-1 from the Preliminary Design Report copied below, lists permits and approvals that may be required for the AWPS, estimated permit application requirements, and estimated schedules. Table 7-1 is not all inclusive and does not contain all agency permits required for construction of this project. City shall pay all fees associated with permitting payable to permitting agencies. Professional Services Contract No. C21178333 Rev. April 23, 2020 33 4.1 Sprinkler System Permit CONSULTANT shall ensure that the fire sprinkler design developed in Task 1, including the fire sprinkler and hazardous materials storage systems, complies with Palo Alto Fire Department PAFD) requirements, and support the permitting process. Include five (5) meetings with Fire Department personnel for review and inspections of sprinkler system with Contractor and Supplier. The requirements are significant, and the CONSULTANT shall adequately plan to cover the costs and time to prepare for this approval. CONSULTANT shall respond to review comments from PAFD regarding sprinkler design, hazardous chemical storage areas, or other pertinent matters. CONSULTANT shall include an allowance of one hundred and twenty (120) hours of response time to respond to PAFD comments about the Project. 4.2 Zoning and Noise Compliance The RWQCP is in the Public / Quasi-Public Facility zoning district and is a permitted use in the district under the Palo Alto Municipal Code (PAMC) and zoning map. CONSULTANT shall ensure that design complies with zoning code requirements, as well as the City’s noise ordinance in PAMC Chapter 9.10 and Palo Alto Comprehensive Plan Goal N-8, regarding noise. CONSULTANT shall conduct a noise study identified in Task 1, as necessary to comply with the PAMC and Comprehensive Plan goal. 4.3 Lease Amendment The RWQCP lease is held by the California State Lands Commission (CSLC) and may require a lease amendment prior to any construction activities associated with the AWPS. CONSULTANT shall include eighty (80) hours of time to respond to CSLC comments about the Project. 4.4 City of Palo Alto Advisory Bodies and City Council Approvals The Project will require public hearings and approvals (or recommendations) by the City’s Architectural Review Board (ARB), Planning and Transportation Commission (PTC), and City Council. CONSULTANT shall design all facilities to achieve a recommendation for approval by the ARB for a major design review and implement ARB recommendations (subject to City staff direction). The requirements are significant, and the CONSULTANT shall adequately plan to cover the costs and time to prepare for the ARB hearing or hearings. CONSULTANT shall assume at least one (1) study session and up to three (3) follow-up public hearings to gain a recommendation for approval through ARB. In addition, CONSULTANT and its landscape design subconsultant shall be required to attend at least two (2) meetings with City’s Planning Department staff prior to the ARB study session, one (1) Planning and Transportation Commission meeting, and one (1) City Council meeting. City will be responsible for any fees charged by the City’s Planning Department. Professional Services Contract No. C21178333 Rev. April 23, 2020 34 4.5 NPDES Permit City staff has coordinated NPDES permit changes through the San Francisco Bay Regional Water Quality Control Board; however, the CONSULTANT shall provide technical support as needed for up to twenty (20) hours. 4.6 BAAQMD Permit CONSULTANT shall provide air permitting support and secure an Authority to Construct (ATC) permit for new AWPS which includes preparation and submittal of application. CONSULTANT shall prepare and submit a control permit application and secure permit approval to modify BAAQMD Permit to Operate Source 110 Abatement Device A-11 for NPP biofilter replacement with specified pollutant percent removal, as well as for the AWPS Decarbonator. 4.7 Title 22 Report CONSULTANT shall prepare and stamp a Title 22 Engineering Report that includes all required elements for production, distribution and end use for submittal to the Division of Drinking Water. CONSULTANT shall ensure the Title 22 Engineering Report is consistent with the State’s 2001 Guidelines for the Preparation of an Engineering Report for the Production, Distribution and Use of Recycled Water. Since the RWQCP’s recycled water system was authorized by the Regional Board prior to 2001, a Title 22 Engineering Report for the current system was never prepared in the currently required format. CONSULTANT shall develop tables and figures describing regulatory requirements, raw wastewater, treatment processes, plant reliability features, supplemental water supply, monitoring & reporting, and contingency plan (i.e., Section 2 of the 2001 guidance document). These descriptions must encompass relevant aspects of the existing secondary treatment system, existing tertiary system, and the designed AWPS. Since there is not an approved Title 22 Engineering Report for the existing tertiary treatment system, sections of this Report will need to be developed by the CONSULTANT retroactively based on other reference documents, such as the 1992 Recycled Water Master Plan, to be provided by the City. CONSULTANT shall provide a draft Title 22 Engineering Report for the City to review and then incorporate comments to submit a final deliverable to the Division of Drinking Water for approval. CONSULTANT shall support the City in answering DDW questions or requested revisions of the report. The RWQCP is expected to be enrolled in the Statewide General Order on or before April 2022; if this occurs before completion of the AWPS design, a separate Title 22 Engineering Report covering the existing facilities will be produced under a separate contract, in which case CONSULTANT shall be responsible for a Title 22 Engineering Report covering only the new AWPS facility. Professional Services Contract No. C21178333 Rev. April 23, 2020 35 CONSULTANT shall also participate in all Project Meetings with City and other parties as listed under Meetings below. CONSULTANT will provide an agenda three calendar days in advance of the date of the meeting. CONSULTANT will compile and distribute informal meeting minutes following Project Progress Meetings no later than seven calendar days from the date of the meeting. CONSULTANT shall attend / participate in the following meetings: x Participate in two (2) Electrical Service (Power Feed) Coordination Meeting with PA Electric Utilities x Participate in two (2) meetings with City’s Planning Department staff prior to the ARB study session x Participate in one (1) study session to gain a recommendation for approval through ARB x Participate in two Review Meetings with City Planning staff prior Architectural Review Board (ARB) study session x Participate in one meeting with the ARB study session x Participate in one Planning and Transportation Commission meeting x Participate in the City Council (PACC) Meeting for approval of the Project x Participate in five (5) meetings with the PAFD regarding the sprinkler system design and inspections. x Coordination with DDW is included. Task 4 - General Assumptions x It is assumed that the City will provide all necessary information for the secondary treatment system to incorporate into the Title 22 Engineering report. x All meetings listed in this task will have up to two members from the CONSULTANT in person when health orders allow in-person meetings. All other attendees will be via conference call. Professional Services Contract No. C21178333 Rev. April 23, 2020 36 Table 7-1: Land Use and Resource Agency Permits and Approvals Potentially Required Resource Agency Permits Permit Required Submittal Requirement Estimated Duration after Submittal SFBRWQCP – NPDES permit review or update Yes Already occurred when the City applied for its NPDES Permit Renewal in 2019 State WRCB – NPDES Construction General Permit Yes x Notice of Intent x SWPPP x Application Coverage is obtained after submittal BAAQMD Yes x ATC permit application x Odor control permit application for NPP biofilter replacement TBD DDW - Title 22 Engineering Report Yes Refer to Guidelines for the Preparation of an Engineering Report for the Production, Distribution and Use of Recycled Water TBD USFWS Section 7 No1 NHPA Section 106 No2 City Permits and Approvals Architectural Review Board ARB) Yes x 60 percent design elevations and site plan and application 3 months Planning and Transportation Commission (PTC) Yes 1 month City Council Approval Yes x ATC and PTC approval 1 month Tree Ordinance CIP Approval Yes x Tree Inventory and list of trees to be removed or pruned 2 months Public Works Engineering FEMA NFIP Flood Elevation Certificate Yes x Final grading plan and foundation plan x Application x Council Approval 3 months Grading Permit Yes x Final grading plan x Application x Council approval 3 months Building Permit Yes x Final plans x Application x Council approval 3 months Encroachment Permit Yes x Final plans for construction phase and permanent changes x Application x Council approval 2 months Parks and Recreation Commission Maybe x 90 percent site plan 3 months Baylands Design Guidelines Yes x 90 percent design elevations x Site plan 3 months Professional Services Contract No. C21178333 Rev. April 23, 2020 37 Notes: (1) As noted in the Recycled Water Project EIR Mitigation Monitoring Program, any construction that occurs within 500 feet of marsh areas would be subject to Mitigation Measure BIO-7 and subject to restrictions for the protection of California clapper rail. Nevertheless, a Section 7 consultation under the federal Endangered Species Act would not be necessary, so long as Mitigation Measure BIO-7 is implemented resulting in avoidance of impacts to the California clapper rail. 2) No cultural resources have been identified at the RWQCP site (William Self Associates 2007). However, if federal funding is being sought, the City should inquire whether Section 106 clearance will be required Task 5 – Engineering Services During Solicitation and Construction of the 1.125 MGD AWPS The City will assemble and issue the bid packages for solicitation for a construction contractor. Assume a 6–month duration between the 100% Design Deliverable to award of the Construction Contract. The City has standard front-end specifications that will be issued as part of the construction bid package. CONSULTANT will review the front-end specifications to ensure that there are no conflicts between the front-end specifications and technical specifications from Task 1. During solicitation, estimated to take up to 2 months, CONSULTANT shall provide the following services: CONSULTANT shall provide responses to Requests for Clarification (RFCs) from prospective bidders. CONSULTANT shall attend and assist the City at the pre-bid conf erence and walk through. CONSULTANT shall provide electronic and (3) three hard copies of the conformed design package (drawings and specifications) incorporating information issued as addenda and RFCs during the bid period. CONSULTANT shall develop specifications for the General Contractor to include CM construction trailer: location, specifications and hookup drawings. Hookups to the trailer may involve trenching to other areas of the RWQCP. Include design for laydown area for General Contractor. CONSULTANT will perform services during the construction phase of the project. By performing these services, CONSULTANT shall not have authority or responsibility to supervise, direct, or control the Contractor's work or the Contractor's means, methods, techniques, sequences, or procedures of construction. CONSULTANT shall not have authority or responsibility for safety precautions and programs incident to the Contractor's work or for any failure of the Contractor to comply with laws, regulations, rules, ordinances, codes, or orders applicable to the Contractor furnishing and performing the work. During construction phase, estimated to take up to 18 months, CONSULTANT shall provide the following services: Professional Services Contract No. C21178333 Rev. April 23, 2020 38 5.1 Submittal Reviews CONSULTANT shall review submittals from the construction contractor for conformance with the construction contract documents. In general, the CONSULTANT shall review and return the submittal comments to the City within fourteen (14) calendar days. For large submittals that require more review time, the CONSULTANT may return submittal comments to the City with twenty-one (21) calendar days. 125 submittals, including resubmittals, are anticipated to be reviewed by the CONSULTANT. 5.2 RFI Responses CONSULTANT will prepare written responses to Requests for Information (RFIs) submitted by the contractor. The CONSULTANT shall review, comment, and return the RFI responses within seven 7) calendar days. 100 RFIs are anticipated to be reviewed and responded to by the CONSULTANT. 5.3 Change Order Reviews CONSULTANT will review and validate the Contract Change Order requests submitted by the contractor for accuracy and correctness, as requested by the City. 3 change order reviews are anticipated to be reviewed by the CONSULTANT. 5.4 Start-Up Assistance The CONSULTANT shall provide technical support during testing, start-up and commissioning of the AWPS. The CONSULTANT shall assist the City in monitoring, documenting, and/or validating any testing required by permitting agencies. CONSULTANT shall indicate the total number hours for technical field services during testing and start-up. 5.5 As-Built Review / Record Drawings CONSULTANT shall review once a month as-built or marked-up drawings and documents maintained by the contractor during construction. Upon construction completion, the CONSULTANT shall prepare consolidated record drawings and submit them to the City. The record drawings shall consist of annotated contract drawings and electronic files showing changes in design and construction. CONSULTANT shall provide two (2) hard copies (one full size and one half-size), one (1) electronic copy in PDF format, and one (1) electronic copy in AutoCAD 3D format to the City. Professional Services Contract No. C21178333 Rev. April 23, 2020 39 5.6 AWPS O&M Manual CONSULTANT shall prepare the Operations and Maintenance (O&M) Manual and Standard Operating Procedures (SOPs) Manual to reflect the changes to the normal and abnormal modes of operations, equipment and process descriptions, process control descriptions, etc. CONSULTANT shall provide one (1) hard copy and one (1) electronic copy in PDF and Microsoft Word formats to the City. O&M and SOP Manuals will be combined into one document with the following chapters: x MF Feed Pumps x Strainers x MF System x MF CIP x RO Booster Pumps x RO System x RO CIP x Decarbonation System x Miscellaneous Chemical Feed Systems x Blending System Task 5 - General Assumptions x For the purposes of the scope and fee for Engineering Services during Construction (ESDC’s), the information included in the various subtasks are assumed based on the preliminary design drawings and specifications list. x The level of effort for Task 5 services is as-needed, dependent on number of Requests for Clarification (RFCs) from prospective bidders, number and quality of construction related submittals from the CONTRACTOR requiring CONSULANT’s review, and City’s needs for start- up assistance. Task 6 – Engineering Services During Solicitation and Construction of the NPP Odor Control Replacement The City will assemble and issue the bid packages for solicitation for a construction contractor. Assume a 4–month duration between the 100% Design Deliverable to award of the Construction Contract. The City has standard front-end specifications that will be issued as part of the construction bid package. CONSULTANT will review the front-end specifications to ensure that there are no conflicts between the front-end specifications and technical specifications from Task 2. Professional Services Contract No. C21178333 Rev. April 23, 2020 40 During solicitation, estimated to take up to 4 weeks, CONSULTANT shall provide the following services: CONSULTANT shall provide responses to Requests for Clarification (RFCs) from prospective bidders. CONSULTANT shall attend and assist the City at the pre-bid conf erence and walk through. CONSULTANT shall provide electronic and (3) three hard copies of the conformed design package (drawings and specifications) incorporating information issued as addenda and RFCs during the bid period. CONSULTANT will perform services during the construction phase of the project. By performing these services, CONSULTANT shall not have authority or responsibility to supervise, direct, or control the Contractor's work or the Contractor's means, methods, techniques, sequences, or procedures of construction. CONSULTANT shall not have authority or responsibility for safety precautions and programs incident to the Contractor's work or for any failure of the Contractor to comply with laws, regulations, rules, ordinances, codes, or orders applicable to the Contractor furnishing and performing the work. During construction phase, estimated to take up to 10 months, CONSULTANT shall provide the following services: 6.1 Submittal Reviews CONSULTANT shall review submittals from the construction contractor for conformance with the construction contract documents. In general, the CONSULTANT shall review and return the submittal comments to the City within fourteen (14) calendar days. For large submittals that require more review time, the CONSULTANT may return submittal comments to the City with twenty-one (21) calendar days. 10 submittals, including resubmittals, are anticipated to be reviewed by the CONSULTANT. 4.1 6.2 RFI Responses CONSULTANT will prepare written responses to Requests for Information (RFIs) submitted by the contractor. The CONSULTANT shall review, comment, and return the RFI responses within seven 7) calendar days. 10 RFIs are anticipated to be reviewed and responded to by the CONSULTANT. 6.3 Change Order Reviews CONSULTANT will review and validate the Contract Change Order requests submitted by the contractor for accuracy and correctness, as requested by the City. Professional Services Contract No. C21178333 Rev. April 23, 2020 41 1 change order review is anticipated to be reviewed by the CONSULTANT. 6.4 Start-Up Assistance The CONSULTANT shall provide technical support during testing, start-up and commissioning of the AWPS. The CONSULTANT shall assist the City in monitoring, documenting, and/or validating any testing required by permitting agencies. CONSULTANT shall indicate the total number hours for technical field services during testing and start-up. 6.5 As-Built Review / Record Drawings CONSULTANT shall review once a month as-built or marked-up drawings and documents maintained by the contractor during construction. Upon construction completion, the CONSULTANT shall prepare consolidated record drawings and submit them to the City. The record drawings shall consist of annotated contract drawings and electronic files showing changes in design and construction. CONSULTANT shall provide two (2) hardcopies (one full size and one half-size), one (1) electronic copy in PDF format, and one (1) electronic copy in AutoCAD 3D format to the City. 6.6 NPP Odor Control System O&M Manual CONSULTANT shall prepare the Operations and Maintenance (O&M) and Standard Operating Procedure (SOP) Manual for the new Odor Control System to reflect the changes to the normal and abnormal modes of operations, equipment and process descriptions, process control descriptions, etc. CONSULTANT shall provide one (1) hard copy and one (1) electronic copy in PDF and Microsoft Word formats to the City. Task 6 - General Assumptions x For the purposes of the scope and fee for ESDC, the information included in the various subtasks are assumed based on the preliminary design drawings and specifications list. x The level of effort for Task 6 services is as-needed, dependent on number of RFCs from prospective bidders, number and quality of construction related submittals from the CONTRACTOR requiring CONSULANT’s review, and City’s needs for start-up assistance. Task 7 – Project Management 7.1 Project Controls CONSULTANT shall provide all necessary administration, project controls, quality assurance and professional oversight of the project to ensure that the project remains on schedule, within budget, ensures continuity of information, and satisfies the requirements of the CONTRACT. Professional Services Contract No. C21178333 Rev. April 23, 2020 42 CONSULTANT shall prepare and distribute a Project Management Plan to include schedule, budget, roles, contracts and procedures. CONSULTANT shall prepare and submit monthly invoice packages to the City. The City prefers processing CONSULTANT invoices that cover one calendar month. Monthly invoice packages are to include 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 schedule and schedule impacts. CONSULTANT shall identify and mitigate potential budget overruns. If State Revolving Fund (SRF) funding is used, progress reports shall include a summary of SRF eligible costs per month. CONSULTANT shall prepare, maintain and update project schedule for City’s review and comments, at least on a monthly basis. CONSULTANT shall perform the following on an ongoing basis: x Conduct team meetings within the consulting firm to review progress, coordinate evaluations and identify information needs x Disseminate information to the design team x Prepare design submittals x Manage the project budget x Manage the project schedule x Manage sub-consultants x Manage QA / QC team 7.2 Project Meetings CONSULTANT shall hold a meeting at the initiation of the Project (Kick-Off Meeting), with the City Project Manager and Agency Partners to discuss overall project coordination, data collection, and project schedule. CONSULTANT shall provide meeting attendees with an agenda seven (7) calendar days in advance of the date of the meeting. CONSULTANT shall provide meeting attendees with summary minutes and electronic copies of any supplemental materials used during the Kick-Off Meeting no later than fourteen (14) calendar days from the date of the meeting. CONSULTANT shall conduct design review meetings at the 30%, 60%, and 90% design points as noted under Tasks 2 and 3 Deliverables. CONSULTANT will provide an agenda three (3) calendar days in advance of the date of the meeting. CONSULTANT will compile and distribute informal meeting minutes following Project Progress Meetings no later than seven (7) calendar days from the date of the meeting. CONSULTANT shall conduct remote (via phone or web conference services) Project Progress Meetings with City once a month. The frequency of Project Progress Meetings can be decreased Professional Services Contract No. C21178333 Rev. April 23, 2020 43 subject to City approval. CONSULTANT will provide an agenda three (3) calendar days in advance of the date of the meeting. CONSULTANT will compile and distribute informal meeting minutes following Project Progress Meetings no later than seven (7) calendar days from the date of the meeting. CONSULTANT shall attend in-person Construction Progress Meetings with City once a month. CONSULTANT will compile and distribute informal meeting minutes following Construction Progress Meetings no later than seven (7) calendar days from the date of the meeting. Task 7 - General Assumptions x Monthly construction meetings will have one member from the CONSULTANT virtually or in person. All other attendees will be via conference call. x All other meetings listed in this task will have one member from the CONSULTANT virtually or in person. All other attendees will be via conference call. V. TIME OF COMPLETION The project is budgeted for an estimated start date in Q1 2021, with a design duration timeline of 18 months followed by the Construction phase Engineering Services during Construction ESDC). The construction funding source may be a CA SRF Loan. The SRF Loan process could potentially delay the start of the construction contract. Depending upon the funding sources, the construction of the project could be delayed or temporarily halted, affecting the engineering services during construction timetable. END OF SCOPE OF SERVICES Professional Services Contract No. C21178333 Rev. April 23, 2020 44 Task 1 - 1.125 MGD AWPS and Storage Tank - Preliminary Drawing List Sheet No. Discipline Drawing Title 1 General Cover Sheet 2 General List of Drawings 3 General Legends - 1 4 General Abbreviations 5 General Process Flow Diagram 6 General Hydraulic Profiles 7 General Code Classification Table 8 General General Notes 1 9 Civil General Notes and Legend 10 Civil Demolition Plan 11 Civil Site Plan 12 Civil Grading and Paving Plan 1 13 Civil Grading and Paving Plan 2 14 Civil Yard Piping Plan 1 15 Civil Yard Piping Plan 2 16 Civil Yard Piping Section and Details 17 Civil Miscellaneous Details 1 18 Civil Miscellaneous Details 2 19 Landscape ***Placeholder*** 20 Landscape ***Placeholder*** 21 Landscape ***Placeholder*** 22 Landscape ***Placeholder*** 23 Landscape ***Placeholder*** 24 Landscape ***Placeholder*** 25 Landscape ***Placeholder*** 26 Demo Blending Facilities Demolition Plan, Sections and Details 27 Demo Biofilter Demolition Plan, Sections and Details 28 Mechanical Process Mechanical - Legend and Abbreviations 29 Mechanical Miscellaneous Details 1 30 Mechanical Miscellaneous Details 2 31 Mechanical Miscellaneous Details 3 32 Mechanical Miscellaneous Details 4 33 Mechanical AWPS Overall Plan 34 Mechanical AWPS Overall Sections 35 Mechanical AWPS Overall Perspectives 36 Mechanical UV Disinfection Diversion Plan, Sections, And Details 37 Mechanical MF Feed Pump Station and Auto Strainers Plan 38 Mechanical MF Feed Pump Station and Auto Strainers Section 39 Mechanical MF System Overall; Operating Level Plan 40 Mechanical MF System Sections and Details 1 Professional Services Contract No. C21178333 Rev. April 23, 2020 45 Task 1 (cont.) Sheet No. Discipline Drawing Title 41 Mechanical MF System Sections and Details 2 42 Mechanical MF Backwash Pumps: Plan, Sections, And Details 43 Mechanical RO Feed Tank; Plan, Sections, And Details 44 Mechanical RO System Overall; Operating Level Plan 45 Mechanical RO System Overall; Sections 46 Mechanical RO System Sections and Details 1 47 Mechanical RO System Sections and Details 2 48 Mechanical Decarbonator/Post Treatment Plan, Sections and Details 49 Mechanical Product Water Storage Tank Plan 50 Mechanical Product Water Storage Tank Sections and Details 51 Mechanical Blended Facilities Plan, Sections, And Details 52 Mechanical Chemical Storage Area Overall 3D Views 53 Mechanical Chemical Storage Area Overall Plan 54 Mechanical Chemical Storage Area Sections and Details 1 55 Mechanical Chemical Storage Area Sections and Details 2 56 HVAC Legend, Abbreviations and General Notes 57 HVAC Details, Schedules & Sequence of Operations 58 HVAC Electrical Room Floor Plan 59 Plumbing Legend, Abbreviations and General Notes 60 Plumbing Details 61 Plumbing Schedules 62 Plumbing Overall Plumbing Plan 63 Fire Protection Electrical Room Fire Protection Plan 64 Fire Protection Electrical Room Fire Protection Schematic 65 Fire Protection Canopy Fire Protection Plan 66 Fire Protection Canopy Fire Protection Schematic 67 Architectural Electrical Building 68 Architectural Electrical Building 69 Architectural Electrical Building 70 Architectural Electrical Building 71 Architectural Electrical Building 72 Architectural Electrical Building 73 Architectural Electrical Building 74 Architectural AWPS Canopy 75 Architectural AWPS Canopy 76 Architectural AWPS Canopy 77 Structural AWPS Overall Foundation Plan 78 Structural AWPS Foundation Sections and Details Professional Services Contract No. C21178333 Rev. April 23, 2020 46 Task 1 (cont.) Sheet No. Discipline Drawing Title 79 Structural AWPS Foundation Sections and Details 80 Structural AWPS Foundation Sections and Details 81 Structural Clearwell Foundation and Top Plans 82 Structural Clearwell Sections and Details 83 Structural Chemical Storage Foundation Plan 84 Structural Chemical Storage Foundation Sections and Details 85 Structural Chemical Storage Foundation Sections and Details 86 Structural Electrical Building Foundation and Roof Plans 87 Structural Electrical Building Sections and Details 88 Structural Structural Notes 89 Structural Structural Loading Criteria 90 Structural Structural Legends and Abbreviations 91 Structural Typical Pile Details and Schedule 92 Structural Std Concrete Joint Details 93 Structural Std Concrete Rein Details 94 Structural Typ Masonry Wall Reinf Details 95 Structural Typ Masonry Lintel & Jamb Details 96 Structural Steel Decking Schedule 97 Structural Steel Roof to Masonry Wall Connection Details 98 Structural Guardrail & Handrailing Details 99 Structural Typical Stair and Ladder Details 100 Structural Pipe Support Details (1 of 2) 101 Structural Pipe Support Details (2 of 2) 102 Electrical Legend 103 Electrical Abbreviations and Notes 104 Electrical Site Plan 105 Electrical Ductbank Sections and Schedules 106 Electrical Power Distribution Functional Diagram 107 Electrical MCC One-Line Diagrams 108 Electrical MCC One-Line Diagrams 109 Electrical MCC One-Line Diagrams 110 Electrical PLC One-Line Diagrams 111 Electrical PLC One-Line Diagrams 112 Electrical Chemical Feed One-Line Diagrams 113 Electrical Miscellaneous One-Line Diagrams 114 Electrical Schematics 115 Electrical Schematics 116 Electrical Electrical Building Power and Lighting Plans 117 Electrical Treatment Facility Power and Lighting Plan 1 118 Electrical Treatment Facility Power and Lighting Plan 2 119 Electrical Treatment Facility Power and Lighting Plan 3 Professional Services Contract No. C21178333 Rev. April 23, 2020 47 Task 1 (cont.) Sheet No. Discipline Drawing Title 120 Electrical Treatment Facility Power and Lighting Plan 4 121 Electrical Lighting Fixture and Panelboard Schedules 122 Electrical Details 123 Electrical Details 124 Electrical Title 24 125 Electrical Title 24 126 Instrumentation Legend & Abbreviations - Sheet 1 Of 3 127 Instrumentation Legend & Abbreviations - Sheet 2 Of 3 128 Instrumentation Legend & Abbreviations - Sheet 3 Of 3 129 Instrumentation Overall Control Network Diagram 130 Instrumentation AWPS Instrumentation Installation Details Sheet 1 Of 2 131 Instrumentation AWPS Instrumentation Installation Details Sheet 2 Of 2 132 Instrumentation AWPS Panel Details 133 Instrumentation AWPS Panel Details 134 Instrumentation AWPS Control Network Diagram 135 Instrumentation AWPS Security System Diagram 136 Instrumentation P&ID MF Feed Pumps and Strainers 137 Instrumentation P&ID MF Unit 1 138 Instrumentation P&ID MF Unit 2 139 Instrumentation P&ID MF Unit 3 140 Instrumentation P&ID MF Air Scour Blowers 141 Instrumentation P&ID MF Backwash Tank and Pumps 142 Instrumentation P&ID MF CIP 143 Instrumentation P&ID RO Feed Tank and Booster Pumps 144 Instrumentation P&ID RO Feed Pumps and Cartridge Filters 145 Instrumentation P&ID RO Unit 1 146 Instrumentation P&ID RO Unit 2 147 Instrumentation P&ID RO Flush System 148 Instrumentation P&ID RO CIP 149 Instrumentation P&ID RO Concentrate Pump 150 Instrumentation P&ID Decarbonators 151 Instrumentation P&ID RO Permeate Tank, Blending Facilities, & Product Water 152 Instrumentation P&ID MF Air Compressor 153 Instrumentation P&ID Aqueous Ammonia Storage and Feed System 154 Instrumentation P&ID Sodium Hypochlorite Storage System 155 Instrumentation P&ID Sodium Hypochlorite Feed System 156 Instrumentation P&ID Coagulant Storage and Feed System 157 Instrumentation P&ID Sodium Hydroxide Storage System 158 Instrumentation P&ID Sodium Hydroxide Feed System 159 Instrumentation P&ID Citric Acid Storage and Feed System 160 Instrumentation P&ID Sulfuric Acid Storage and Feed System Professional Services Contract No. C21178333 Rev. April 23, 2020 48 Task 1 (cont.) Sheet No. Discipline Drawing Title 161 Instrumentation P&ID Sodium Bisulfite Storage and Feed System 162 Instrumentation P&ID Antiscalant Storage System Task 2 – NPP Odor Control System Replacement - Preliminary Drawing List Sheet No. Discipline Drawing Title 1 General Cover Sheet 2 General List of Drawings 3 General Legends, Abbreviations, General Notes 4 Civil General Notes and Legend 5 Civil Site Plan and Details 6 Mechanical Process Mechanical - Legend and Abbreviations 7 Mechanical Odor Control System Plan, Sections, and Details 8 Structural Structural Notes, Legends, and Abbreviations 9 Structural Odor Control System Foundation Plan, Sections, and Details 10 Electrical Legend 11 Electrical Abbreviations and Notes 12 Electrical Odor Control Power and Lighting Plan 13 Electrical One-Line Diagrams 14 Instrumentation Legend & Abbreviations 15 Instrumentation P&ID Odor Control System Task 3 - Expansion of AWPS to 2.25 MGD - Preliminary Drawing List Sheet No. Discipline Drawing Title 1 General Cover Sheet 2 General List of Drawings 3 General Legends - 1 4 General Abbreviations 5 General Process Flow Diagram 6 General Hydraulic Profiles 7 General General Notes 1 8 Civil General Notes and Legend 9 Civil Demolition Plan 10 Civil Site Plan 11 Civil Grading and Paving Plan 1 12 Civil Yard Piping Plan 1 13 Civil Yard Piping Plan 2 14 Civil Yard Piping Section and Details 15 Civil Miscellaneous Details 1 16 Civil Miscellaneous Details 2 Professional Services Contract No. C21178333 Rev. April 23, 2020 49 Task 3 cont.) Sheet No. Discipline Drawing Title 17 Landscape ***Placeholder*** 18 Landscape ***Placeholder*** 19 Landscape ***Placeholder*** 20 Demo ***Placeholder*** 21 Demo ***Placeholder*** 22 Mechanical Process Mechanical - Legend And Abbreviations 23 Mechanical Miscellaneous Details 1 24 Mechanical Miscellaneous Details 2 25 Mechanical Miscellaneous Details 3 26 Mechanical Miscellaneous Details 4 27 Mechanical AWPS Overall Plan 28 Mechanical AWPS Overall Sections 29 Mechanical AWPS Overall Perspectives 30 Mechanical MF Feed Pump Station and Auto Strainers Plan 31 Mechanical MF Feed Pump Station and Auto Strainers Section 32 Mechanical MF System Overall; Operating Level Plan 33 Mechanical MF System Sections and Details 1 34 Mechanical MF System Sections and Details 2 35 Mechanical RO System Overall; Operating Level Plan 36 Mechanical RO System Overall; Sections 37 Mechanical RO System Sections and Details 1 38 Mechanical RO System Sections and Details 2 39 Mechanical Decarbonator/Post Treatment Plan, Sections and 40 Mechanical Product Water Storage Tank Plan 41 Mechanical Product Water Storage Tank Sections and Details 42 Mechanical Blending Facilities Plan, Sections, And Details 43 Mechanical Chemical Storage Area Overall 3D Views 44 Mechanical Chemical Storage Area Overall Plan 45 Mechanical Chemical Storage Area Sections And Details 1 46 Architectural New Storage Tank 47 Structural Structural Notes 48 Structural Structural Loading Criteria 49 Structural Structural Legends and Abbreviations 50 Structural Clearwell Foundation and Top Plans 51 Structural Clearwell Sections and Details 52 Structural Typical Pile Details and Schedule 53 Structural Std Concrete Reinf Details 54 Structural Guardrail & Handrailing Details 55 Structural Pipe Support Details 56 Electrical Legend 57 Electrical Abbreviations and Notes Professional Services Contract No. C21178333 Rev. April 23, 2020 50 Task 3 cont.). Sheet No. Discipline Drawing Title 58 Electrical Site Plan and Ductbank Sections 59 Electrical MCC One-Line Diagrams 60 Electrical PLC and Chemical Feed One-Line Diagrams 61 Electrical Miscellaneous One-Lines and Schematics 62 Electrical Electrical Building Power Plan 63 Electrical Treatment Facility Power Plan - AWPS 64 Electrical Treatment Facility Power Plan - Chemical 65 Electrical Treatment Facility Power and Lighting Plan - Tank 66 Electrical Miscellaneous Power Plans 67 Electrical Schedules and Details 68 Instrumentation Legend & Abbreviations - Sheet 1 Of 3 69 Instrumentation Legend & Abbreviations - Sheet 2 Of 3 70 Instrumentation Legend & Abbreviations - Sheet 3 Of 3 71 Instrumentation Overall Control Network Diagram 72 Instrumentation AWPS Instrumentation Installation Details Sheet 73 Instrumentation AWPS Panel Details 74 Instrumentation AWPS Control Network Diagram 75 Instrumentation P&ID MF Feed Pumps and Strainers 76 Instrumentation P&ID MF Unit 4 77 Instrumentation P&ID MF Unit 5 78 Instrumentation P&ID MF Air Scour Blowers 79 Instrumentation P&ID MF Backwash Tank and Pumps 80 Instrumentation P&ID MF CIP 81 Instrumentation P&ID RO Feed Tank and Booster Pumps 82 Instrumentation P&ID RO Feed Pumps and Cartridge Filters 83 Instrumentation P&ID RO Unit 3 84 Instrumentation P&ID RO Unit 4 85 Instrumentation P&ID RO Flush System 86 Instrumentation P&ID RO Concentrate Pumps 87 Instrumentation P&ID Decarbonators 88 Instrumentation P&ID RO Permeate Tank 89 Instrumentation P&ID Sodium Hydroxide Storage and Feed System 90 Instrumentation P&ID Citric Acid Storage and Feed System Professional Services Contract No. C21178333 Rev. April 23, 2020 51 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Milestones Completion No. of Weeks From NTP 1. Kickoff Meeting 01 2. 100% design of Odor Control System (Task 2) 32 3. 60% design of Phase 1 AWPS (1.125 MGD) (Task 1) 43 4. Services during Bidding of Odor Control System (Task 6) 56 5. 100% design of Phase 1 AWPS (1.125 MGD) (Task 1) 71 6. 100% design of Phase 2 AWPS (2.25 MGD) (Task 3) 84 7. Services during Construction of Odor Control System Task 6) 97 8. Services during Bidding of Phase 1 AWPS (Task 5) 101 9. Services during Construction of Phase 1 AWPS (Task 5) 174 The Parties acknowledge that this Agreement is being entered into in the context of a pandemic known as the COVID-19 pandemic), which has the potential to cause disruptions and delays to the work beyond the Parties’ reasonable control. The Parties agree that an actual delay directly required by compliance with COVID-19 governmental orders or regulations, and not due to fault or negligence of the CONSULTANT, may be considered an excusable delay (as below) in accordance with this section. CONSULTANT may be entitled to an equitable adjustment in schedule in the event such COVID-19-related delays occur, but only to the extent reasonably required based upon the circumstances, as agreed in writing by the CITY’s Project Manager. Professional Services Contract No. C21178333 Rev. April 23, 2020 52 A COVID-19-related excusable delay will not be a default or a ground for termination for cause of the Agreement, provided that the CONSULTANT provides the CITY with prompt and detailed notice of the COVID-19-related delay as soon as is reasonably feasible under the circumstances and uses reasonable efforts to overcome the effects of such delay as promptly as reasonably feasible under the circumstances. Notwithstanding the above provisions of this Section, in the event of a period of nonperformance by CONSULTANT lasting more than thirty (30) days due to a COVID-19-related delay, CITY may elect to terminate this Agreement pursuant to Section 19 Termination) herein. Professional Services Contract No. C21178333 Rev. April 23, 2020 53 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 – (Detailed Design of 1.125 MGD AWPS and Storage Tank) $1,748,290 Task 2 – (Detailed Design of Odor Control System for the New Pumping Plant) 116,490 Task 3 – (Detailed Design Expansion for 2.25 MGD Production and Storage) 233,890 Task 4 – (Permitting for 1.125 MGD AWPS) $198,370 Task 5 – (Engineering Services during Solicitation and Construction of the 1.125 MGD AWPS) 412,060 Task 6 – (Engineering Services during Solicitation and Construction of the NPP Odor Control Replacement) 47,510 Task 7 – (Project Management) $136,980 Total Basic Services $2,893,600 Additional Services (Not to Exceed) 289,360 Maximum Total Compensation $3,182,960 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: Professional Services Contract No. C21178333 Rev. April 23, 2020 54 A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $1,000 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement Professional Services Contract No. C21178333 Rev. April 23, 2020 55 EXHIBIT “C-1” SCHEDULE OF RATES PAGE 1 OF 3) IBLACK & VIEATCH 1B 11 i ld 'ng wor ld o·r di ·e.ren:0 ,• Billing Rat e Sc he dulles City of Palo Allt.o Advanced Water IPurifiication S,ys tem Proj ec t Bl ack & V eat ch Classiifica.tiion C lien t Diiredor, SL P roject Ma nag1e r, S r. Qua lity rv1a nager (Gra de 9) Proj ect Ma n ager, S r.. En g ineer (G ra de 8) Proj ect rv1a n ager, S r.. En g ineer {G ra de 7 ) E ng in ee r/Sc ie 1 ist (G rade 6) E ng iin ee r/Sc ie 1 is (Grade 5), BIM !Manager (Tech 8), E ng iin ee r/Sc ien is (G ra de 4), S r .. B IIIM (Tec h 7), E ng iin ee r/Sc ien ist (G ra de 3), BIM L ead (Tech 6) E ng in ee r/Sc ien is (G ra de 2 ), BIM (Tech 5), E ng iin ee r/S c ien is (G rade 1 ), BIM (Tech 4 ), B IIIM /CAD (Tech 3) CAD (Tech 2 ), Ad ministrat ive Ass is tant CAD (Tech 1 ), En gi n eerin g Inte rn 2020 BilIing Rates held co nstant with no ,escalat io 1 thro u • h Dece mber 2022. g Oct ober n 202 0 Bill li n g Rates 27 1.34 257 .54 239 .. 14 2 111 .. 55 183.96 160 .96 137 .. 97 1 2 8 .77 1119 .57 105 .78 96.58 9 '1 .. 98 Professional Services Contract No. C21178333 Rev. April 23, 2020 56 EXHIBIT “C-1” SCHEDULE OF RATES PAGE 2 OF 3) IBLACK&VEA:TCH IB 1c1 1n 51 wo lld "' dlff,e ,"'ooe-: Billing Rate Sclh edu1l1e.s City o,f Pa lo A lt o Advan ce d W ate r Pu ri fi cat ion S,yste mi Proj ect Si,eg h-1i.ed Clllassiiffii cat i 011 Ma nag ing1Pr ino ipal Principa l Senior Assoo ia te Assoc ·are Proj ecit Eng,ineer Eng in.eer 11 Eng in.eer I Oler ica l Sentor I echllil ician T ech11 ioia ii 111 T ech11ioie1 ii 11 T ech11ioia ii I I il stru mentrnan (DI R"") 01 aililman (DI R"'"') Proj ecit Surveyor Surveyor II Su rveyor I Proj ecit Landscap e Architeci Landscap e Archite ct II Landscap e Architect I 2 020 IB i'lli:ng Rates heild con,st.ml:. To o escs'l at ior11, ttlmugh Oe c e m be r ·20 22. Octob:e r-13, 20 20, B lli ng Rates 298 .48 263 .36 237.03 1194.89 168.55 151.00 1133.44 7725 129_93 11119.39 1105 .35 87.79 242.JO 1182 .00 168 .55 1I5·1.oo 133 .44 1158.02 1 0.46 1133.44 Professional Services Contract No. C21178333 Rev. April 23, 2020 57 EXHIBIT “C-1” SCHEDULE OF RATES PAGE 3 OF 3) B ILACK&VEATCH n li:tln 51 a wo tld or dlflii!RM..,. B illin g R.at:e Sched u l,es City o,f Pa lo Alto Advanced Wa ter !Pu rifi cation System Proj ect EDA. (Jilissifiicati 0111 Princ i pa l Proj ect Mania,g,er 111 Assoc l e II Adm imslra tive Assi stant 2020 B i'll r_n g Ra· s h~d con-s-ta111 t. "ti, o escalaiio 111, throu gh D e ce mber 2il22. Cal Engilllleer illll g &. Geo1~ogy Cl ass ificatiion Prin ci pa l Asso ciate Senior IEng,i neer Proj ect Eng,ineer Staff Eng,i 11eer Senior G ISI CADD Speci list Proj ecit Ass · stant 2020 B i'll in g Ra·es h~d con-s-ta111 "ti, o escalaiio ni, throu gh D e ce mber 2il22. Badger Day'llighti ng Classification Hydro vac -R!e,g;u1ar Ti me ( 11operator) Hydrovac -Ov erti me (1 operator) Assume o:n e 12-tmur d a y for polnolin g . Oct,ober 13, 2 0 20 Bi lli ng Rates 287 .00 279.00 1175 .00 a2.m1 Bi lli ng Rates 24[l00 215.00 20 0.00 160.00 11 5.00 140.00 85.00 Bii lli ng Rates 295 .00 345 .00 Professional Services Contract No. C21178333 Rev. April 23, 2020 58 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIR ED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY EACH PERSON EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $2,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: Professional Services Contract No. C21178333 Rev. April 23, 2020 59 A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP Professional Services Contract No. C21178333 Rev. April 23, 2020 60 EXHIBIT “E” DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors to comply with the requirements of SB 854. CITY provides notice to CONSULTANT of the requirements of California Labor Code section 1771.1(a), which reads: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation and CONSULTANT is subject to SB 854- compliance monitoring and enforcement by DIR. CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively. At the request of CITY, acting by its project manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. Professional Services Contract No. C21178333 Rev. April 23, 2020 61 If the certified payroll records are not produced to the project manager within the 10-day period, then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT. Inform the project manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. 1 Minor, Beth From:Shikada, Ed Sent:Friday, March 5, 2021 7:17 PM To:Council, City Cc:Executive Leadership Team; Brettle, Jessica Subject:Council Agenda Consent Questions for March 8, Items 3, 4, 5 Dear Mayor and Council Members: On behalf of City Manager Ed Shikada,please find below the staff responses to inquiries made by Council Member Tanaka in regard to the March 8,2021 Council Meeting agenda. Item 3:Contract Approval for Design of Advanced Water Purification System Project at RWQCP Item 4:Amendment to Extend Term with SAP for Five Years Item 5:Ramos Park Park Improvement Ordinance Item 3:Contract Approval for Design of Advanced Water Purification System Project at RWQCP 1. The relatively high costs of the required infrastructure specifically the distribution infrastructure)are major financial constraints to the implementation of water reuse.Where does staff see fit to make a budget tradeoff to pay for this?With education,rent relief to renters/businesses,transportation,staffing,etc.?Especially if the project requires additional funding Distribution infrastructure is typically a high cost barrier for implementation of recycled water systems.In our case,the basic distribution lines and laterals are already established in Palo Alto on Embarcadero Road and East Bayshore Road and in Mountain View in the North Bayshore area.The Advanced Water Purification System AWPS) facility will improve the recycled water quality for current and future customers.The City of Mountain View,our partner agency,supports this project.Mountain View has 60 current potable water customers waiting for improved recycled water quality to connect to the existing recycled water piping distribution system. Design fees are reimbursed by Valley Water per the Partnership Agreement approved by Council in December 2019 See SR#10627 with link in the Staff Report).Valley Water agreed to pay 16 million dollars towards the design and construction of the local AWPS facility.Any costs in excess of 16 million will be paid 75%by Mountain View and 25% by Palo Alto and partner agencies,through wastewater rates.Wastewater collection and treatment funds cannot be used to pay for unrelated services such as those included in the question,and the reference to budget tradeoffs is therefore not applicable. 2 2. If approved,how will it be ensured that all community members equally receive water distribution and benefit,especially in harder to reach areas? Recycled water reduces the need for imported potable water,which benefits all community members.Our recycled water system,like others,is cost effective by having a limited distribution system delivering recycled water to those sites that have adequate usage to justify the high initial capital cost of the distribution pipeline e.g.,golf courses, parks,business parks,etc.).Those without connections to the distribution system can be permitted to fill up a truck of recycled water using the truck fill standpipe at the RWQCP or can hire a hauling company to utilize recycled water. 3. Is this genuinely urgent?Or can the city prioritize more pressing needs,especially pandemic related needs,rather than investing in a project that is not going to solve something life threatening and only serve the purpose of just quality? As described in the response to Question 2,this project reduces reliance on imported water,which is a basic resource for the community.Drought mitigation is an urgent matter statewide.The funds to be used for the design and construction of the AWPS cannot be used for pandemic related needs or other pressing needs outside of the scope of the terms of the Partnership Agreement between Valley Water,Mountain View,and Palo Alto. Item 4:Amendment to Extend Term with SAP for Five Years 1. When do you expect for phase 2 of the business functionality program to be presented to council? Staff is expecting to bring Phase 2 to council early calendar year 2022. 2. In 2007 2013 new contracts were signed with SAP,but 2015 onward,extensions were made.What instigated the change in extension structures? Upon review in collaboration with our legal counsel,it was determined that creating amendments to extend and negotiate these amendments with SAP would be a more appropriate path to ensured that all elements of the agreement are incorporated and document the overall relationship with the service provider. 3. Is the contract seeking to renew licensing for the integral software or is it simply a tech support service? This contract is to renew the agreement with the software provider,SAP,for maintenance,technical support,and technical support services in order to maintain the software license the City owns.This contract allows the City to apply the latest security, technical such as issuance of support packs for compliance reasons),and business related software fixes released by SAP.The City staff also leverage SAP’s Enterprise technical)support for software related issues that arise during day to day business processes. 4. What are the alternatives to SAP? The memorandum articulates the alternatives,including the option to procure and entirely new system with the solicitation through RFP issued in August of 2017.The city 3 received thirteen proposals and through a competitive proposal evaluation process, three vendors were shortlisted.After a rigorous bid evaluation process and additional due diligence performed by city staff,it was identified that the cost to procure and implement a new ERP was much higher than anticipated.Executive staff reviewed the findings and determined that,considering the costs of implementation and ongoing costs,a new ERP was not fiscally prudent.The RFP was cancelled on November 14, 2018,and the vendors were notified of the cancellation.Rather than adopting a new ERP,the City opted to upgrade its legacy SAP ERP system which reached its end of life. The upgraded version,SAP’s ERP Suite on HANA ensures the city remains on a support version including maintenance and security patches from the service provider.Should Council wish to immediately pursue an alternative to SAP,this direction could appropriately be made as part of budget actions for the upcoming fiscal year. 5. Is it essential to upgrade the software in the middle of a budget crisis? The recommended action is for support,not an upgrade.Nonetheless,the City’s legacy system,that reached its end of life was approved to be upgraded by the City Council and work started in 2019 before the pandemic began.Had the City chosen to halt work on the upgrade,it would remain on a system no longer supported by the provider, leaving the City at risk to security vulnerabilities as well as instability of the application. The upgraded system ensures the City remain on a currently supported software version for support and security purposes. 6. What are the main services of SAP?What features will we lose access to if we do not renew the contract? As outlined in page 3 of the staff report,SAP supports core business processes in Finance accounting,biweekly payroll,accounts payable/receivable,budget), procurement,human resources management,capital project management,and Utilities’operations meter read,billing,payment,collection,and workorders).Should this contract not be approved,the City would no longer have support or access to security patches and software patches,nor would staff have support should daily operations be impeded by software related bugs or issues. Item 5:Ramos Park Park Improvement Ordinance 1. Since the survey for the renovation project only had 198 responses,is there an urgency to complete this project soon or can it wait? The survey was intended to supplement the previous community outreach meetings about the Capital improvement Program CIP)project for Ramos Park.The urgency to complete the project is primarily driven by the age and condition of the infrastructure that will be replaced with the project.The Ramos Playground was built in 1994. Playgrounds are typically replaced every 15 to 20 years.Playgrounds that have exceeded the typical replacement age are more costly and challenging to repair due to the lack of available replacement parts and the requirements to bring other playground parts or elements into compliance with current playground safety standards.As with all older playgrounds,it is difficult to predict when parts will need repair or replacement, but the need for costly repairs increases as the playgrounds exceed 20 years old. 2. What were the questions asked in the survey? 4 There were seven questions in the survey.The survey questions and results can be found here:https://www.cityofpaloalto.org/civicax/filebank/documents/80488 3. Since you said the response from the survey was positive and supportive”,what questions were the responses positive and supportive?Additionally,were all responses positive,if not,what is the ratio of positive and negative responses? A majority of the survey respondents supported a fenced dog park,security lighting, basketball court striping on the large paved area currently no striping),the addition of play equipment for older children 5 12)at the existing playground currently only for 2 5 year olds),native/habitat planting,and the extension of the walkway.These items were all supported by 59%or more of the 198 respondents to the survey.Support for the restroom was approximately a 50/50 split,with 97 in favor and 100 opposed.The Parks and Recreation Commission considered the survey information and other community input in its review of the project,and recommends including the restroom. 4. How much will the renovation cost including the installation of the restroom? The CIP project for Ramos Park PG 14000)has funding of 271,000 for the replacement of the playground equipment;replacement of benches,trash receptacles,and the drinking fountain;and accessibility improvements.As part of the City’s continued effort to provide restroom facilities in parks,Ramos Park was identified in the Parks Master Plan 2017)as one of six parks at which the City would actively pursue installing a restroom.CIP project PG 19000,Parks Restroom Installation,will provide funding of 350,000 for installation of the new restroom facility.This funding comes from Park Development Impact Fees.The total project cost is 621,000. 5. Does it make sense to be renovating the bathrooms especially since they can’t be used at the moment? The recommended plan includes a new restroom,not a renovation.All park and open space restrooms are open and have been open since late March 2020. Thank you. Ed Shikada City Manager 250 Hamilton Avenue Palo Alto,CA 94301 650)329 2280 ed.shikada@cityofpaloalto.org