Agenda packet — Palo Alto City Council, April 7, 2025 (part 4 of 6)

1) Operating Records Required by Section 501:

a) All collection system downtime, including individual well shutdown times, length of time for shutdown, and the reason for the shutdown. All periods greater than five (5) days when the collection system was not operating.

b) All emission control system downtime, length of time for shutdown, and the reason for the shutdown. Description and duration of all periods when the control device was not operating for greater than one (1) hour and the length of time that the device was not operating.

c) Continuous temperature records (data logger) for all operating flares and any enclosed combustors with a listing of the dates/times when flare temperature went below permitted limits and any times when temperature gauge was off-line or not operational.

d) Monthly LFG flow meter readings.

e) Records of all quarterly LFG system component leak testing, including monitoring dates, leak concentration by volume if in excess of 1,000 parts per million, by volume (ppmv), location of leak, date of discovery, the actions taken by the City or its maintenance CONSULTANT to repair the leak, date of repair, date of any required re-monitoring, and the re-monitored concentration in ppmv.

f) Continuous gas flow rate records (data logger information) with a listing of the dates/times when flow rate went above permitted limits and any times when the flow meter was off-line or not operational.

g) Records of all quarterly surface emissions monitoring, including monitoring dates, surface emission concentration by volume if in excess of 500 ppmv, location of exceedance, date of discovery, the actions taken by the CITY or its maintenance CONSULTANT to repair the exceedance, date of repair, date of any required re -monitoring, and the re -monitored concentration in ppmv.

h) For monthly wellhead monitoring (temperature, vacuum, and oxygen or nitrogen content), records of all monitoring dates and any excesses of the limits stated in Section 8 -34-305, Title 17, §95460- §95476, and below (or approved alternative limits), including well identification number, the measured excess, the action taken by the CITY or its maintenance CONSULTANT to repair the excess, and the date of repair, date of any required re - monitoring, and the re-monitored value.

Gas wells
i) A minimum of monthly recording of gauge pressure at all wellheads (all wells must operate under negative pressure conditions).
ii) Monthly monitoring of oxygen or nitrogen concentrations at all wellheads (oxygen must not exceed 5 percent or nitrogen over 20 percent). iii) Monthly monitoring of temperatures at all wellheads (temperature shall not exceed 55°C (131°F)).

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Leachate wells (connected to the LFG collection system) i) A minimum of monthly recording of gauge pressure, oxygen content, methane content, and temperature at each wellhead (the well(s) must be connected to vacuum if any pressure is detected);
iv) Monthly monitoring of oxygen concentrations at wellheads (oxygen must not exceed 15 percent by volume). If the oxygen concentration exceeds 15 percent by volume the vacuum to the leachate well may be turned off;
v) Monthly monitoring of temperatures at all wellheads (temperature shall not exceed 55°C (131°F)). If temperature exceeds 55 °C (131°F) the vacuum to the leachate well may be turned off;

2) Calibration information for monitoring equipment used for the various monitoring activities listed above (e.g., OVA, GEM-500 unit, flow meter, temperature, etc.).

3) Description and duration of all periods when the gas stream was diverted from the control device through a bypass line to the WQCP incineration.

4) The date of installation and location of all wells or system expansions as the result of monitoring exceedances during previous reporting period.

5) Data upon which the density of well and equipment sizing were based.

6) Gas generation rate estimates.

7) Provisions for increasing LFG extraction capacity as gas generation increases.

8) The provisions for the control of LFG migration.

B. AB32 – Landfill Methane Rule Annual Reporting (One Report Annually)

CITY is subject to the AB32 Landfill Methane Rule (Title 17 California Code of Regulations (CCR), Chapter 10, Article 4, Sub- article 6, §95462 through §95476), which has an annual reporting requirement. The required annual report under this Rule must be submitted by March 15 of each year for the previous calendar year data.

Annual Reports must include the following information, as specified in §95470 of the Rule:
• General site information
• Total volume of LFG collected (reported in standard cubic feet (scf)), • Average composition of LFG collected over the reporting period (reported in percent methane and percent carbon dioxide by volume),
• Gas control device type, installation, rating, fuel type, and total LFG combusted in each control device,
• Date LFG collection system installed
• Percent methane destruction efficiency
• Volume and composition of gas shipped off-site
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• Type and amount of supplemental fuels burned with the LFG. • Recent topographic map, and
• All required monitoring data.

CONSULTANT shall compile the required data into a report in a format suitable for submittal to the California Air Resources Board (CARB) Executive Officer. CONSULTANT shall provide a draft of the report to CITY for review. CONSULTANT shall incorporate CITY comments into the final report and submit to CARB on behalf of the CITY.

C. EPA – Greenhouse Gas Annual Reporting (One Report Annually Submitted Online)

CITY is required under the EPA GHG reporting rule, 40 CFR Part 98, Subpart HH, to submit a report annually. CONSULTANT shall compile the required data and input into an appropriate electronic format in accordance with EPA GHG rule specifications for upload to the EPA’s online reporting tool (e -GRRT). CONSULTANT shall submit draft data file to CITY for review.

CONSULTANT shall incorporate CITY comments into the final report and submit to EPA via e- GRRT. CONSULTANT will be added to the website as CITY agent and shall manage the website reports on behalf of CITY.

The data to be reported is for calendar year 2021, 2022, 2023, and 2024 and the reporting deadline is March 30 of the following year. As specified in the EPA Rule, the following information is required:

• Landfill Operations (Open/closed/Year)
• Waste Disposal Calculations
• Waste Composition (If Available)
• Modeling Parameters Used
• Methane Data
• Landfill Area, Cover Types by Area, and Oxidation Fractions Used • LFG Modeling Results
• Emissions from stationary combustion units.
• Flow of collected LFG
• Methane content of LFG
• Temperature and pressure data for LFG
• Description of control device(s) both on- and off-site • Control device operating hours
• Description of LFG collection system, landfill areas and waste depths • Computed methane volume captured
• Computed methane generated (corrected for oxidation using EPA model) Docusign Envelope ID: 48FB660E-F872-44C2-B2C4-CE6E00AA80BB Item 9
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• Computed methane generated (corrected for oxidation using LFG recovery flow and collection efficiency)
• Methane Emissions, Method 1 (Modeling)
• Methane Emissions, Method 2 (Gas Captured and Estimated Collection Efficiency) VI. Task 4:

Task 4 Other Engineering Services

On occasion, CITY may ask CONSULTANT to evaluate the performance and design of the gas system using the services of a qualified LFG engineer. CONSULTANT shall provide engineering services for duties including, but not limited to possible LFG and LCRS system design, permitting and equipment change -out. Work on these engineering services requires written approval from CITY prior to CONSULTANT working on or billing to these subtasks. Typically, CONSULTANT shall develop and submit a written cost estimate prior to work on these subtasks. These engineering services will exclude any prevailing wage public works projects.

End Scope of Services
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EXHIBIT C
COMPENSATION, AMENDMENT NO. 2
(AMENDED, REPLACES PREVIOUS)

CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as E xhibit C-1 up to the not to exceed budget amount for each task set forth below.

CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.

CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4) , within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.

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BUDGET SCHEDULE

ANNUAL TASKS COMPENSATION
(YEARS 1-3)

COMPENSATION
(YEAR 4)
Task 1
(Routine Landfill Gas System, Flare, Well-Head
Monitoring, and Surface Monitoring and Reporting)
A. Senior Technician
B. Management/Supervisor/Office Support
C. Remote Monitoring and Control of Landfill
Flare

$56,396 per year
$11,580 per year
$2,700 per year

$9,925
$10,678
$3,450
Task 2
(Routine Landfill Flare Stack Emission Sampling,
Analytical Testing and Reporting)
$8,890.00 per year $11,000
Task 3
(Routine Report Preparation)
$10,500.00 per year $0
Task 4
(Other Engineering Services)
$20,000.00 per year $0
Annual Sub-total for Services $110,066.00 $35,053
Annual Reimbursable Expenses $2,300.00 $0
Annual Total for Services and Reimbursable
Expenses
$112,366.00 $35,053
Additional Services (if any, per Section 4) $11,237.00 per year,

$11,150
Annual Maximum Total Compensation $123,603.00 $46,203
YEARS 1-3 Compensation $370,809.00
YEAR 4 Compensation $46,203
4-YEAR TOTAL NOT TO EXCEED
AMOUNT
$417,012

REIMBURSABLE EXPENSES

CONSULTANT’S ordinary business expenses , such as administrative, overhead, administrative support time /overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in -house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.

Reimbursable expenses, if any are specified as reimbursable under this section , will be reimbursed at actual cost. The expenses for which CONSULTANT will be reimbursed are:

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unanticipated parts needed on an emergency basis to prevent flare downtime or non- compliance up to the not-to-exceed amount of: $6,900.00 for the term.

Reimbursables include:

A. Travel outside the San Francisco Bay Area, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.

B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.

All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information. Any expense anticipated to be more than $1,000 shall be approved in advance by the CITY’s project manager.

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EXHIBIT C-1
SCHEDULE OF RATES, AMENDMENT NO. 2
(ADDED)

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: April 7, 2025
Report #:2502-4126
TITLE
Approval of Construction Contract No. C25192033B with Anderson Pacific Engineering Construction, Inc. in the Amount of $9,994,970 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that May Develop During the Project Up to a Not-to-Exceed Amount of $999,497 for the Corporation Way System Upgrades and Pump Station and West Bayshore Road Pump Station and Trunk Line Improvement Projects, Capital Improvement Program Project (SD-21000, SD- 20000, SD-23000, and PO-05054), and Approval of a Budget Amendment in the Stormwater Management Fund; CEQA Status – Exempt Under CEQA Guidelines Section 15301(d), 15302(c) and Section 15303

RECOMMENDATION
Staff recommends that the City Council:

1. Approve and authorize the City Manager or their designee to execute construction contract no. C25192033B with Anderson Pacific Engineering Construction, Inc. in the amount of $9,994,970 for the Corporation Way System Upgrades and Pump Station (SD- 21000), West Bayshore Road Pump Station (SD-20000), West Bayshore Road Trunk Line Improvements (SD-23000), and Street Light Improvements (PO-05054) projects;

2. Authorize the City Manager or their designee to negotiate and execute one or more change orders to contract no. C25192033B with Anderson Pacific Engineering Construction, Inc. for related, additional, and unforeseen work that may develop during the project, the total value of which shall not exceed $999,497; and

3. Amend the Fiscal Year 2025 Budget Appropriation for the Stormwater Management Fund (requires a 2/3 vote):
a. Increase the expense appropriation for the West Bayshore Road Pump Station Project (SD-20000) by $1,296,848;
b. Increase the expense appropriation for the West Bayshore Road Trunk Line Improvement Project (SD-23000) by $2,500,523; and
c. Decrease the Stormwater Management Fund balance by $3,797,371.

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EXECUTIVE SUMMARY
East Bayshore Road and West Bayshore Road are prone to flooding due to an inadequate storm pipe system. With the current system configuration, the flap gates at the outfalls shut when the water level in Adobe Creek is high. The 2015 Storm Drain Master Plan identified upgrades to the storm systems at East Bayshore Road and West Bayshore Road as a high priority, and the projects were included among the 13 high priority capital projects in the 2017 Stormwater Management ballot measure. The project will install larger storm pipes on both streets and new pump stations to convey the storm runoffs from a 10-year storm event. The pumps will force the flap gates to open even when the creek water level is high.

The project will install all the electrical systems and motor control systems for the pump stations. Programmable Logic Controllers (PLC) and fiber optics will also be installed and connected to the City Supervisory Control and Data Acquisition (SCADA) system.

BACKGROUND
The 2015 Storm Drain Master Plan identified projects throughout the City to convey a 10-year storm event. In 2017, voters approved a ballot measure to continue the Storm Water Management Fee to implement 13 new storm drain Capital Improvement Program (CIP) projects to upgrade and improve the storm drain system in Palo Alto. Three of the 13 projects have been completed. Loma Verde Avenue Trunk Line Improvements project (SD-19000) was completed in 2020, and East Meadow Drive Capacity Upgrades (SD-22000) and East Meadow Circle Connection to Adobe Creek Pump Station (SD-26000) were both completed in June 2024.

This contract implements three CIP projects, the Corporation Way System Upgrades and Pump Station (SD-21000), West Bayshore Road Pump Station (SD-20000) and West Bayshore Road Trunk Line Improvements (SD-23000). Currently, the existing pipes along East Bayshore (from Corporation Way) and West Bayshore Road cannot convey the 10-year storm runoff or discharge runoff into Adobe Creek during a large storm event. During these events, the water levels in the creek rise and the flap gates, at the outfalls, cannot open against the water pressure.

The pump stations will be installed on permanent easement areas located at 3803 East Bayshore Road (Attachment A) and 3600 West Bayshore Road (Attachment B). The easement agreements for the two storm water pump stations were executed in 2023.

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ANALYSIS
Project Description
Staff recommends approval of Construction Contract No. C25192033B.1 The pump station installation at 3600 West Bayshore Road includes a 12-ft x 13-ft x 17.5-ft (length, width, depth) wet well, an electrical cabinet with pump motor control center and electrical switch board, and a new electrical transformer. Three new pumps will be installed to discharge 15 cubic feet per second (CFS). Additional improvements include replacing landscaping and the irrigation system and installation of 1,600 linear feet of new 18-inch, high density polyethylene (HDPE) storm pipe and junction boxes within West Bayshore Road to increase the amount of runoff that can be conveyed into the wet well. The pump station at 3803 East Bayshore Road consist of a 12-ft x 15-ft x 24-ft (length, width, depth) wet well, a new electrical cabinet with motor control center and an electrical switch board.

The project will replace an electrical transformer with a new one sized to support the three new pumps that will discharge 25 CFS. Additional improvements include replacing landscaping and the irrigation system and 710 linear feet of new 24-inch HDPE storm pipe and junction boxes with East Bayshore Road to increase the amount of runoff that can be conveyed into the wet well. Both stations will discharge pressurized runoff into Adobe Creek through existing pipe outfalls. Storm runoff into Adobe Creek will continue to be regulated by existing flap gates. The pressure created by the pump stations on the outfall pipes will force the flap gates to open when the water surface in the creek is very high and allow discharge into the creek. When the pump station is not operating, the flap gate will remain closed and will not allow water to back flow from the creek into the City storm system. These improvements will eliminate the street flooding that occurs during moderate storm events. This project will also restore an electrical connection in the area that was determined to be damaged. That work will be performed under the Street Lights Improvements CIP (PO-05054).

Bid Process
On July 17, 2024, an Invitation for Bids (IFB) for the Corporation Way Pump Station and System Upgrades and West Bayshore Road Pump Station and Trunk Line Improvement Project was posted on OpenGov. A non-mandatary field meeting was held within the 27-day bidding period.

Three bidders attended the meeting to discuss the project. No bids were received at the end of the bid period. Staff reached out to prospective bidders who downloaded the bid packages and asked why they did not submit a bid. One of the primary reasons given was that the due date was the same as other projects with other agencies and that contractors did not have time to prepare a bid for the project. Some contractors stated they wanted to submit a bid for specific project components but were unable to partner with a prime contractor. Since no bids were received, staff decided to rebid the project with a few changes. The bid documents were updated to address questions raised during the initial bid and additional outreach was done to prospective contractors who have worked with neighboring agencies. 1 Anderson Pacific Construction Contract for Pump Station Upgrades C25192033B https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/staff-reports-all/2025/anderson-pacific- construction-contract-for-pump-station-and-trunkline-improvement-c25192033b.pdf Item 10
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The project was re-posted August 20, 2024 on OpenGov, for 28 days, with a bid due date of September 17, 2024. Only one bid was received, with the bid cost 50% higher than the engineer’s estimate. The City rejected the bid on October 15, 2024. The project was formally solicited for a third time on December 20, 2024 with revisions that divided bid components into base and add alternates to encourage competitive bidding for the pump stations independently from the pipe component. The invitation for bids was structured to select the lowest bidder using the base bid with no consideration to the add alternate bids. Bids were received from four contractors as listed on the attached Bid Summary (Attachment C).

Table 1: Summary of invitation for Bids
Project Bid Name/Number
Corporation Way Pump Station and System Upgrade and West Bayshore Road and Trunk Line Improvement Project-REBID #2 SD- 20000, SD-21000, SD-23000, IFB 192033B
Proposed Length of Project 450 Calendar Days
Pre-Bid Meeting None
Number of Company Attendees at Pre-
Bid Meeting
N/A
Number of Bids Received 4
Base Bid Price Range $5,794,520 to $9,002,850
Public Link to Solicitation https://procurement.opengov.com/governments/650/projects/136247 Staff reviewed the bids submitted and recommends that the base bid of $5,794,520 submitted by Anderson Pacific Engineering Construction, Inc. be accepted, and that Anderson Pacific Engineering be declared the lowest responsible bidder. Staff recommends awarding the add alternate (items 22-28) to install new pipes on East and West Bayshore Road as part of the project. The add alternate amount is $4,200,450. The total base bid and add alternate amount is $9,994,970. This bid amount is 30.5% above the engineer’s estimate of $7,657,396. The change order amount of $999,497 (which equals 10% of the total contract) is requested for related, additional but unforeseen work which may develop during the project. Staff confirmed with the Contractor's State License Board that the contractor has an active license on file. Staff also contacted the listed references for Anderson Pacific and found that they have performed satisfactorily on past construction projects for other clients and the City. Although the low bid received is substantially higher than the engineer’s estimate, staff recommends proceeding given that the project was bid three times and that the third solicitation resulted in four competitive bids.

FISCAL/RESOURCE IMPACT
Partial funding is available in the Fiscal Year 2025 Adopted Capital Budget in the West Bayshore Road Pump Station (SD-20000), Corporation Way System Upgrades and Pump Station (SD- 21000), West Bayshore Road Trunk Line Improvements (SD-23000), and Street Lights Improvements (PO-05054) projects. To fully fund the contract, staff recommends increasing the appropriation for Fiscal Year 2025 in the West Bayshore Road Pump Station (SD-20000) and Item 10
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West Bayshore Road Trunk Line Improvement (SD-23000) projects by $1,296,848 and $2,500,523, respectively, and decreasing the balance of the Stormwater Management Fund by $3,797,371.

Staff has reviewed funding in the Stormwater Management Fund and anticipates being able to complete the remaining 6 of the 13 ballot measure projects with the projected funding through the duration of the ballot measure. However, if projects continue to come in higher than the 2015 Storm Drain Master plan estimates that were included in the ballot measure, staff may need to consider adjusting funding for annual rehabilitation and replacement projects and reprioritizing the remaining six projects that have not started design, as well as assessing other non-capital budget appropriations in this fund.

The funding allocation is as follows:

Table 2: Funding Allocation
Funding Source Contract Contingency Total Funding
SD-20000 $2,895,680 $289,568 $3,185,248
SD-21000 $2,882,840 $288,284 $3,171,124
SD-23000 $4,200,450 $420,045 $4,620,495
PO-05054 $16,000 $1,600 $17,600
Total $9,994,970 $999,497 $10,994,467

STAKEHOLDER ENGAGEMENT
Staff has presented to the Storm Water Management Oversight Committee on the progress of the Corporation Way System Upgrades and Pump Station and West Bayshore Road Pump Station and Trunk Line Improvement project. Staff will continue to notify and update the Storm Water Management Oversight Committee on the progress of the project.

Extensive public outreach will be conducted before and during the construction phase to keep the community informed throughout the process, including flyers sent to adjacent residences and businesses, and notices posted online on Nextdoor and the City’s website.

ENVIRONMENTAL REVIEW
The project is categorically exempt from the provisions of the California Environmental Quality ACT (CEQA) under Section 15301(d), 15302(c) and Section 15303 of the CEQA Guidelines.

ATTACHMENTS
Attachment A: Location Map – 3803 East Bayshore Road
Attachment B: Location Map – 3600 West Bayshore Road
Attachment C: Bid Summary

APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
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3969
3971
3997
3995
1007
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3775
1102
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3756
3755
1134
1133
1120
1119
3718
1152
3700
3739
1101
1261
1221
1151
1157 3905
1237
Adobe Creek Substation
Flood Ponds Parking
B a r r o n C r e e k

EAST BAYSHORE ROAD

FABIAN WAY

CORPORATION WAY

EAST BAYSHORE ROADBAYSHORE FREEWAY

BAYSHORE FREEWAY

FABIAN WAY

SAN ANTONIO ROAD

BAYSHORE FREEWAY

WEST BAYSHORE ROAD

BAYSHORE FREEWAY
EL
COURT

EAST BAYSHORE ROAD

BAYSHORE FREEWAY

EAST MEADOW DRIVE

FEATHER LN

KLAMATH LN

PALOMA DR

TRINITY LN

STANISLAUS LN

TUOLUMNE LN
I N
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IN-047-3-61
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IN-047-3-54
OF-047-1-04
OF-047-1-17
OF-047-3-63
OF-047-3-60OF-047-3-59
OF-047-3-55
OF-047-3-57
OF-040-2-01
OF-039-6-09

36."

51."

36." 24." 24."

33."33."

33."

15."

24."

18."

15."

21."

15."12." 12."

15."

21."

15."

21."

12."

22."

12."

24."

36."

18."

12."

21."

12."21."

12."

15."

21."

12."

24."
CB-046-5-98
CB-047-3-16
CB-046-5-95
CB-046-5-08
CB-047-1-02
CB-047-1-10
CB-047-1-11
CB-046-5-94
CB-046-5-93
CB-047-1-93
CB-047-1-14
CB-047-1-13
CB-047-1-92
CB-047-3-02
CB-047-1-21
CB-047-1-18
CB-047-3-01
CB-047-1-94
CB-047-1-15
CB-047-1-91
CB-040-2-90
CB-039-6-03
CB-039-6-04
CB-039-6-92
CB-039-6-12
MH-047-1-07MH-046-5-13
MH-047-1-26
MH-047-1-01
MH-047-3-03
MH-047-3-90
MH-047-1-20MH-047-1-03
MH-047-1-23
MH-047-1-22
MH-040-2-02
MH-040-2-03

ADOBE CREEK

PUMP STATION
SD-210
103
00 2WELL 1
710 LF of 21- Inch
Pipe Upgrade to 30-
Inch
1 SD
007
-21000
Location of Corporation
105

Way Pump Station
This map is a product of the
City of Palo Alto GIS
This document is a graphic representation only of best available sources.

Legend

CORRUGATED METAL PIPE
Owned by SCVWD
SCVWD Easement
Scv wdeasement
abc Scv wdeasements20040413
abc Corporation Way Pump Station
0' 210'

ATTACHMENT A
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CAL I FORNIA
P a l o A l t o
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Attachment A - Location Map 3803
East Bayshore Road

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3776
1000
1007
3750
3780
1020
1040
1036
1015
1085
1069
1051
1041
1035
1025
3512
3520
3600
3530
1005
1003
3803
3500
3510
3801
1032
3921
1015
1023
3941
1010
1020
1029
1121
1135
1129
1137
1052
1054
1056
1058
1047
1049
3975
1131
1133
3961
1001
1101
1121
23 251
1130
1128
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375137493747374537433741
375837603762376437663768
3757375937613763376537673769
13 2
144
11114
1143
11161113
1115
3969
3997
3633
1119
3756
37553739
1261
1221
1157 3905
1237
Adobe Creek Substation
Flood Ponds Parking
B a r r o n C r e e k

EAST ME
LE
EAST
BAYSH
ORE RO
AD
FA
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EAST

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ORE ROAD

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EAST B
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WT-039-5-56
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15."

12."

15."

15."12."

15."

12."

8.0' x 7.0' Box

24."

18."

12."

15."

12."

24."

21."

15."

12."

21."

12."

22."

12."

21."

12."21."

12."

15."

21."

12."

24."
CB-039-6-10
CB-039-6-90
CB-039-6-11
CB-039-6-91
CB-046-5-04
CB-046-5-91
CB-046-5-02
CB-039-5-03
CB-039-5-05
CB-039-6-51
CB-039-6-02
CB-047-1-02
CB-046-5-94
CB-047-1-93
CB-047-1-14
CB-047-1-13
CB-047-1-92
CB-047-1-21
CB-047-1-18
CB-047-1-94
CB-047-1-15
CB-047-1-91
CB-040-2-90
CB-039-6-03
CB-039-6-04
CB-039-6-92
CB-039-6-12
MH-046-5-03
MH-047-1-01
MH-047-3-90
MH-047-1-20MH-047-1-03
MH-047-1-23
MH-047-1-22
MH-040-2-02
MH-040-2-03

FLAP GATES
1 SD-23000
1600 LF of 15-Inch Pipe
Upgrade to 30-Inch
SD-20000
L
A
oca
Y
tion of West Baysh ore
Road Pump Station
This map is a product of the
City of Palo Alto GIS
This document is a graphic representation only of best available sources. 0' 219'

ATTACHMENT B
CITY

OF PALO ALTO
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CAL I FORNIA
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City of Palo Alto
Corporation Way System Upgrade and Pump Station &
West Bayshore Road Pump Station and Trunkline Improvement Project SD 20000, SD 21000, SD 23000
BID FORM SUMMARY 1/27/2025
IFB 192033B

BASE BID
BID
NO.

BID ITEM DESCRIPTIONS QTY UNIT UNIT
PRICE

BID COST UNIT
PRICE

BID COST UNIT PRICE BID COST UNIT
PRICE

BID COST UNIT PRICE BID COST
1 Mobilization/Demobilization 1 LS $316,384 $ 316,384 $600,000.00 $600,000.00 600,000.00 600,000.00 $340,000.00 $340,000.00 $350,000.00 $350,000.00 2 Inert Solids and Recycling 1 LS $42,000 $ 42,000 $20,000.00 $20,000.00 85,500.00 85,500.00 $3,000.00 $3,000.00 $30,000.00 $30,000.00 3 SWPPP and BMP Compliance 1 LS $50,000 $ 50,000 $20,000.00 $20,000.00 178,000.00 178,000.00 $35,000.00 $35,000.00 $30,000.00 $30,000.00 4 Sheeting, shoring and bracing - West Bayshore Road Pump Station 1 LS $120,000 $ 120,000$275,000.00 $275,000.00 120,000.00 120,000.00 $420,000.00 $420,000.00 $644,000.00 $644,000.00 5 Pump Station Excavation - West Bayshore Road Pump Station 1 LS $250,000 $ 250,000$250,000.00 $250,000.00 500,000.00 500,000.00 $240,000.00 $240,000.00 $1,135,750.00 $1,135,750.00 6 Pump Station Structures and Appurtenances -West Bayshore Road Pump Station
1 LS $875,000 $ 875,000 $1,100,000.00 $1,100,000.00 1,337,000.00 1,337,000.00 $1,020,000.00 $1,020,000.00 $1,500,000.00 $1,500,000.00 7 Electrical Work - West Bayshore Road Pump Station 1 LS $370,000 $ 370,000 $780,000.00 $780,000.00 1,243,000.00 1,243,000.00 $910,000.00 $910,000.00 $641,500.00 $641,500.00 8 Concrete Driveway and Sidewalk - West Bayshore Road Pump Station 16 CY $2,310 $ 36,960$2,730.00 $43,680.00 2,600.00 41,600.00 $3,600.00 $57,600.00 $1,000.00 $16,000.00 9 Site Improvements - West Bayshore Road Pump Station 1 LS $110,000 $ 110,000 $25,000.00 $25,000.00 87,000.00 87,000.00 $320,000.00 $320,000.00 $100,000.00 $100,000.00 10 Landscape and Irrigation - West Bayshore Road Pump Station 1 LS $35,000 $ 35,000 $15,000.00 $15,000.00 40,900.00 40,900.00 $20,000.00 $20,000.00 $12,500.00 $12,500.00 11 Sheeting, Shoring, and Bracing (Corporation Way Pump Station) - Corporation Way System Upgrades & Pump Station
1 LS $120,000$ 120,000 $325,000.00 $325,000.00 83,540.00 83,540.00 $600,000.00 $600,000.00 $837,200.00 $837,200.00 12 Pump Station Excavation - Corporation Way System Upgrades & Pump Station
1 LS $150,000 $ 150,000 $300,000.00 $300,000.00 546,000.00 546,000.00 $298,000.00 $298,000.00 $1,475,000.00 $1,475,000.00 13 Pump Station Structures and Appurtenances - Corporation Way System Upgrades & Pump Station
1 LS $610,000 $ 610,000 $1,138,000.00 $1,138,000.00 1,642,000.00 1,642,000.00 $1,655,000.00 $1,655,000.00 $1,300,000.00 $1,300,000.00 14 Electrical Work - Corporation Way System Upgrades & Pump Station 1 LS $390,000 $ 390,000$675,000.00 $675,000.00 1,600,000.00 1,600,000.00 $1,030,000.00 $1,030,000.00 $535,400.00 $535,400.00 15 Concrete Driveway and Sidewalk - Corporation Way System Upgrades & Pump Station
18 CY $2,310 $ 41,580 $1,630.00 $29,340.00 1,300.00 23,400.00 $2,600.00 $46,800.00 $1,000.00 $18,000.00 16 Site Improvements - Corporation Way System Upgrades & Pump Station 1 LS $65,795 $ 65,795$28,000.00 $28,000.00 47,430.00 47,430.00 $140,000.00 $140,000.00 $100,000.00 $100,000.00 17 Landscape and Irrigation - Corporation Way System Upgrades & Pump Station
1 LS $40,000 $ 40,000 $35,000.00 $35,000.00 26,000.00 26,000.00 $47,000.00 $47,000.00 $29,500.00 $29,500.00 18 Electrical Conduit and Connection - Corporation Way System Upgrades & Pump Station
1 LS $40,000 $ 40,000 $16,000.00 $16,000.00 255,637.00 255,637.00 $12,000.00 $12,000.00 $75,000.00 $75,000.00 19 Utility Box Replacement 9 EA $10,000 $ 90,000 $2,500.00 $22,500.00 6,000.00 54,000.00 $9,400.00 $84,600.00 $2,000.00 $18,000.00 20 Unforeseen Utility Allowance 1 LS $35,000 $ 35,000 $35,000.00 $35,000.00 35,000.00 35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 21 Custom Storm Drain Manholes - West Bayshore Road Pump Station Project 2 EA $20,000 $ 40,000$31,000.00 $62,000.00 45,000.00 90,000.00 $120,000.00 $240,000.00 $60,000.00 $120,000.00 Base Bid Total $ 3,827,719 $5,794,520.00 8,636,007.00 $7,554,000.00 $9,002,850.00 10% Contingency $ 382,772 $ 579,452 $ 863,601 $ 755,400 $ 900,285 Total Base Bid $ 4,210,491 $6,373,972.00 9,499,607.70 $8,309,400.00 $9,903,135.00

RANGER PIPELINES

LOWEST BIDDER

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ALTERNATE BID
BID
NO.

BID ITEM DESCRIPTIONS QUAN
TITY

UNIT UNIT
PRICE

BID COST UNIT
PRICE

BID COST UNIT PRICE BID COST UNIT
PRICE

BID COST UNIT PRICE BID COST
22 Sheeting, shoring and bracing - West Bayshore Road Trunkline Improvements
1 LS $266,000 $ 266,000 $12,000.00 $12,000.00 $244,000.00 $244,000.00 $67,000.00 $67,000.00 $60,000.00 $60,000.00 23 West Bayshore Trunkline - West Bayshore Road Trunkline Improvements (18" HDPE)
1665 LF $1,070 $ 1,781,550 $630.00 $1,048,950.00 $605.00 $1,007,325.00 $890.00 $1,481,850.00 $600.00 $999,000.00 24 City Standard Storm Drain Manholes - West Bayshore Road Trunkline Improvements
5 EA $14,000 $ 70,000 $30,000.00 $150,000.00 $15,000.00 $75,000.00 $28,000.00 $140,000.00 $10,000.00 $50,000.00 25 City Storm Drain Catch Basins-West Bayshore Road Trunk Line Improvements
1 EA $10,000 $ 10,000 $17,500.00 $17,500.00 $25,000.00 $25,000.00 $34,000.00 $34,000.00 $8,000.00 $8,000.00 26 Sheeting, Shoring, and Bracing (Corporation Way Trunkline) - Corporation Way System Upgrades & Pump Station
1 LS $80,000 $ 80,000 $980,000.00 $980,000.00 $348,000.00 $348,000.00 $425,000.00 $425,000.00 $280,000.00 $280,000.00 27 Corporation Way Trunkline - Corporation Way System Upgrades & Pump Station (24" HDPE)
800 LF $1,090 $ 872,000 $2,100.00 $1,680,000.00 $2,100.00 $1,680,000.00 $2,100.00 $1,680,000.00 $1,680.00 $1,344,000.00 28 City Standard Storm Drain Manholes- Corporation Way System Upgrades & Pump Station
6 EA $9,000 $ 54,000 $52,000.00 $312,000.00 $30,000.00 $180,000.00 $75,000.00 $450,000.00 $30,000.00 $180,000.00 Bid Alternate Total $ 3,133,550 $4,200,450.00 $3,559,325.00 $4,277,850.00 $2,921,000.00 10% Contingency $ 313,355 $ 420,045 $ 355,933 $ 427,785 $ 292,100 Total Alternate Bid $3,446,905.00 $4,620,495.00 $3,915,257.50 $4,705,635.00 $3,213,100.00 Total Base Bid + Alternate Bid 7,657,395.9 9,994,970.0 12,195,332.0 11,831,850.0 11,923,850.0 Over Engineer's Estimate: 30.53% 59.26% 54.52% 55.72%

ENGINEER'S ESTIMATE ANDERSON PACIFIC ANVIL BUILDERS JMB CONSTRUCTION RANGER PIPELINES

LOWEST BIDDER
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: April 7, 2025
Report #:2411-3786
TITLE
Approval of a Purchase Order with Municipal Maintenance Equipment, Inc. in an Amount Not to Exceed $290,947 for the Purchase of a 14 Foot Trailer with a RapidView Closed-Circuit Television Crawler Camera System, Utilizing a Cooperative Purchase Agreement, as Part of the Storm Drainage System Replacement and Rehabilitation Capital Improvement Program Project No. SD-06101; and Approval of a Budget Amendment in the Stormwater Management Fund and Vehicle Replacement and Maintenance Fund; CEQA Status - Exempt Under Sections 10560 and 10561

RECOMMENDATION
Staff recommends that the City Council:

1. Approve and authorize the City Manager or their designee to execute a purchase order with Municipal Maintenance Equipment, Inc., an authorized dealer for RapidView LLC, in the Not-to-Exceed amount of $290,947, which includes a 5% contingency in the amount of $13,855 for unforeseen price increases, for the purchase of a 14’ Trailer with RapidView Closed-Circuit Television Crawler Camera System, utilizing a cooperative purchase agreement between RapidView LLC and Sourcewell, a cooperative purchasing agency serving government and not-for-profit organizations; and

2. Amend the Fiscal Year 2025 Budget Appropriation (2/3 vote needed) for:
a. The Stormwater Management Fund by:
i. Increasing the transfer to the Vehicle Replacement Fund in the amount of $290,947; and
ii. Decreasing the Storm Drainage System Replacement and Rehabilitation Capital project (SD-06101) appropriation in the amount of $290,947; and b. The Vehicle Replacement and Maintenance Fund by:
i. Increasing the transfer from the Stormwater Management Fund by $290,947; and
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ii. Increasing the Scheduled Vehicle Equipment and Replacement Fiscal Year 2025 Capital project (VR-25000) with an appropriation in the amount of $290,947.

BACKGROUND
The Public Works Department acquired a Closed-Circuit Television (CCTV) Crawler Camera, in about 2005, to enhance the inspection of storm drain pipelines. This technology is utilized after the pipes have been hydro-flushed and cleaned by the staff, ensuring an accurate visual assessment of the pipeline system. As the crawler moves through the pipes, it captures high- resolution footage that can identify and document cracks, blockages, root intrusions, and other signs of deterioration. The information gathered from these CCTV inspections is essential for evaluating the structural integrity of the storm drain system, and identifying any damage, blockage, or deterioration. Based on the visual assessment of the storm drain’s condition, the department can develop a prioritized list of repairs, enabling a more efficient allocation of resources and timely maintenance to prevent potential failures in the drainage system.

After two decades of continuous use, the existing CCTV Crawler Camera has reached the end of its serviceable life. The CCTV Crawler Camera is no longer in operation and has been determined to be irreparable.

ANALYSIS
The Public Works Department currently has one CCTV Crawler Camera. When the equipment was purchased, options to mount it onto a vehicle or trailer were not available. As a result, this equipment was not a part of the City’s fleet. The recommended new replacement camera crawler system is trailer-mounted and will be added to the City’s fleet for routine trailer maintenance and repairs.

If the request to continue the use of the CCTV Crawler Camera program is not approved, the City could face several significant impacts and costs:

1. Increased Flooding Risks and Damage Costs: Without regular CCTV inspections, the City would have limited ability to proactively identify and address potential blockages, structural damage, or other issues within the storm drain system. This could result to localized flooding during heavy rain events, property damage, road closures, and potential safety hazards for residents and businesses.

2. Deterioration of Storm Drain Infrastructure: The lack of detailed and timely inspections could mean that minor defects in the storm drain system go undetected and worsen over time. This could lead to more severe structural failures, such as pipe collapses or sinkholes, which would be more costly to repair.

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3. Regulatory and Environmental Compliance Risks: Storm drain systems are critical in managing water flow and preventing pollutants from entering natural waterways.

Failure to adequately inspect and maintain these systems could result in non- compliance with local, state, or federal environmental regulations.

Procurement Process
Palo Alto Municipal Code section 2.30.360 (j) allows the use of cooperative purchasing agreements in lieu of conducting a competitive solicitation. Sourcewell, a cooperative purchasing agency serving governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies, conducted a Request for Proposal (RFP). The RFP for the procurement of Underground Infrastructure Inspection and Rehabilitation Equipment with Related Services was posted on the Sourcewell Procurement Portal in December 2021 with RapidView LLC being awarded the contract on January 13, 2022. The City requested a quote (Attachment A) from Municipal Maintenance Equipment, Inc. (the authorized dealer of RapidView LLC) on February 3, 2025, and received it on February 7, 2025.

Staff recommends Council approve a purchase order (Attachment B) with Municipal Maintenance Equipment, Inc. for the CCTV Crawler Camera System Trailer described, via the cooperative purchase agreement with Sourcewell. The purchase order version provided has been reduced for printing purposes and is not the full contract with all exhibits.

FISCAL/RESOURCE IMPACT
To fund the recommended purchase, the Fiscal Year 2025 budget will be amended by decreasing the Storm Drainage System Replacement and Rehabilitation Capital Improvement Program Project (SD-06101) by $290,947 and increasing the Scheduled Vehicle and Equipment Replacement Fiscal Year 2025 Project (VR-25000). This purchase was planned in the Fiscal Year 2025 Adopted Capital Budget for the Storm Drainage System Replacement and Rehabilitation project.

STAKEHOLDER ENGAGEMENT
Requests for vehicle replacements are presented to the Fleet Review Committee (FRC) for approval during the development of the proposed budget and any deviation from these plans is also reviewed by the FRC. The FRC is comprised of executive leadership representatives from the Public Works and Administrative Services Departments and the City Manager’s Office.

Additionally, Fleet staff review proposed vehicle replacements with the departments using the vehicles. FRC approved the replacement of this purchase on November 13, 2024.

ENVIRONMENTAL REVIEW
This purchase is exempt from the provisions of the California Environmental Quality Act (CEQA) under Sections 10560 and 10561.

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ATTACHMENTS
Attachment A: Quote
Attachment B: Purchase Order
APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
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City of Palo Alto City Council Staff Report no. 2411-3786 This City of Palo Alto (City) Purchase Order agreement (PO) with Municipal Maintenance Equipment, Inc., is made pursuant and subject to Sourcewell Contract No. 120721-RVL Municipal Maintenance Equipment, Inc., for the procurement of the equipment detailed in this PO.

This PO is governed by California law without regard to conflict of law principles. The venue for any dispute under this PO is Santa Clara County, California.

This PO by reference incorporates the following contract documents into this PO by reference as though fully set forth herein:

1. Sourcewell Contract No. 120721-RVL

2. Municipal Maintenance Equipment, Inc.,Pricing Sheet for Sourcewell Contract No. 120721-RVL

3. Municipal Maintenance Equipment, Inc. Quote Dated 2/7/25 (including pricing and specifications)

4. City Of Palo Alto Terms and Conditions.
0010 Camera and Trailer 1 EA 240,791.56 240,791.56 Purchase of CCTV Crawler Camera System using Sourcewell contract # 120721 with a total cost of $277,091.23 broken as:

Vendor Address

MUNICIPAL MAINTENANCE EQUIPMENT INC
4634 MAYHEW ROAD
SACRAMENTO CA 95827
Tel: 916-922-1101 Fax: 916-922-1034
Bill To:

City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:

Public Works Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto/CA CA 94303
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.

DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment.

INVOICE - A separate invoice is required for each order. Send to address indicated above.

City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING

PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4525000373
Date 02/25/2025
Vendor No. 100520
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor ship bestway
Required Date 06/18/2025
Buyer/Phone Saira Cardoza / 650-329-2327
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER

ARRANGEMENTS ARE INDICATED HEREIN

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1. Sale price $250,591.43

2. Sourcewell Discount (4%) -$9,799.87

3. Freight $9,629.38

4. tax (9.13%) $23,170.29

5. Equipment Training (2 days) $3,500.00
City's Project Manager: Oscar Godinez, 650-496-5935,
[email protected]
City's Operations Project Manager: Kaela Noakes, 650-496-5945, [email protected]
0020 Equipment Training 2 - days 2 EA 1,750.00 3,500.00 0030 Freight 1 EA 9,629.38 9,629.38
0040 5% Contingency 1 USD 13,855.00 13,855.00 -------------------------
Sub-Total 267,775.94
Sales Tax 23,170.29
**** PRICE HAS BEEN QUOTED ****
Vendor Address

MUNICIPAL MAINTENANCE EQUIPMENT INC
4634 MAYHEW ROAD
SACRAMENTO CA 95827
Tel: 916-922-1101 Fax: 916-922-1034
Bill To:

City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:

Public Works Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto/CA CA 94303
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Chief Procurement Officer
Total 290,946.23
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.

INVOICE - A separate invoice is required for each order. Send to address indicated above.

ARRANGEMENTS ARE INDICATED HEREIN

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CITY OF PALO ALTO
GDS Rev. 06/22/2016

TERMS AND CONDITIONS OF PURCHASE
PAGE 1 OF 3
ACCEPTANCE/AGREEMENT: City of Palo Alto (City) reserves the right to reject any and all quotations, to waive any informalities, and, unless otherwise specified by Seller, to accept any item in a quotation. By accepting or filing this Purchase Order (P.O.), Seller agrees to the terms and conditions herein which shall prevail over any inconsistent provision in any form or other paper submitted by Seller. All shipments or services performed shall be deemed to have been made pursuant hereto. No other terms are acceptable. This P.O., including all specifications and drawings, shall constitute the entire agreement between the parties unless modified in writing by City.

CITY'S PROPERTY: Seller agrees that the information, tools, jigs, dies, or materials, and drawings, patterns, and specification supplied or paid for by City shall be and remain City property and shall be held by Seller for City unless directed otherwise. Seller shall account for such items and keep them protected, insured, and in good working conditions without expense to City.

DELIVERY: The terms of delivery are as stated on the reverse side hereof. The obligation of Seller to meet the delivery dates, specifications, and quantities set forth herein is of the essence of this P.O. No boxing, packing, or cartage charge will be allowed unless authorized by this P.O. Deliveries are to be made both in quantities and at times specified herein or, if not, such quantities and times are specified pursuant to City's written instruction. Items not delivered may be canceled without penalty to City. Shipments in greater or lesser quantity that ordered may be returned at Seller's expense unless written authorization is issued by City.

PRICES: The price which Seller charges in filling this P.O. shall not be higher than Seller's most recent quote or charge to City for such materials, supplies, services and/or installations unless City expressly agrees otherwise in writing. Notwithstanding the prices set forth the P.O. City shall receive the benefit of any general reduction in the price of any item(s) listed herein which may be made by Seller at any time prior to the last delivery of goods or services covered by this P.O.

TERMINATION: City shall have the right to terminate this P.O. or any part thereof upon ten (10) days notice in writing to Seller.
(1) Without Cause. City may terminate all or any part of this P.O. without cause. Any claim by Seller for damages due to termination without cause must be submitted to City within thirty (30) days after effective date of termination. (2) For Cause. If Seller fails to make any delivery in accordance with the agreed delivery date, delivery schedule, or otherwise fails to observe or comply with any of the other instructions, terms, conditions or warranties applicable to this P.O., City may, in addition to any other right or remedy provided by this P.O. or by law, terminate all or any part of this P.O. in writing without any liability of City with respect to Seller at any time during the term of this P.O. In the event of termination for cause, City may purchase supplies or services elsewhere on such terms or in such manner as City may deem appropriate and Seller shall be liable to City for any cost and other expenses incurred by City, which is charged to City.

CHANGES: City shall have the right at any time by written notice via P.O. Change Order to Seller to make changes in the specifications, the quantity of items called for, delivery schedules, and requirements covering testing, packaging, or destination. Any claim by Seller for adjustment under this clause shall be deemed waived unless made in writing with then (10) days after receipt by Seller of notice of such change. Price increases or extensions of time for delivery shall not be binding on City unless evidenced by a P.O. Change Order issued by City's Purchasing Manager.

INSPECTION: City shall have the right to inspect and approve or reject any materials, supplies, services and/or installations upon arrival of notice of completion prior to payment without regard to the manner of shipment, completion, or any shipping or price terms contained in this P.O. All materials, supplies, services and/or installations must be furnished as specified.
(1) Defective, damaged, and nonconforming materials and/or supplies may be returned for credit or refund, at Seller's expense. City may charge Seller for all expenses of unpacking, examining, repacking and reshipping of such materials and/or supplies. (2) Defective, incorrect and nonconforming services and/or installations may be returned for credit or refund, at Seller's expense. All of the above notwithstanding prior payment by City.

WARRANTY: Seller expressly warrants that all materials, supplies, services and/or installations covered by this P.O. shall:
(1) conform to the specifications, drawings, samples, or other descriptions specified by City or if none are so specified, to Seller's standard specification or the standards of the ASTM or ANSI or other national standard organizations;
(2) be new and unless specified to the contrary on the face hereof, will be free from defects in material and workmanship and will be free of all liens and encumbrances and will conform to any affirmation of facts made on the container or label; (3) be adequately contained, packaged, marked, labeled and/or provided in compliance with all applicable federal and state laws and regulations (including materials deemed hazardous);
(4) be performed within the rules and regulations of the Occupational Safety and Health Act of 1970 (as amended);
(5) be produced or transferred or disposed of as required by federal and state laws and regulation under the conditions of the Toxic Substances Control Act; the Hazardous Materials Control and Hazardous Waste Regulations; and other toxic laws and programs.

Seller further expressly agrees to protect, indemnify, and hold harmless City, its employees and agents for any loss, damage, fine, liability, fee (including reasonable charges and fees) or expense arising in connection with or resulting from Seller's failure to furnish materials or supplies or perform services that conform with any warranty contained herein. (6) have good marketable title.

GOVERNING LAW: This P.O. shall be governed by the laws of the State of California.

INDEPENDENT CONTRACTOR, INSURANCE: Seller certifies, by acceptance, that he/she is an independent contractor. Seller shall protect, defend, and indemnify and hold City harmless against all damages, liability, claims, losses and expenses (including attorney's fees) arising out of , or resulting in any way from Seller's negligence in providing the goods or services purchased hereunder or from any act or omission of Seller, its agents, employees, or subcontractors, Seller shall maintain such public liability insurance, including contractual liability, automobile and general public liability, (including non-owned automobile liability) Worker's Compensation, and employer's liability insurance as well adequately protect City against such damage, liabilities, claims, losses, and expenses (including attorney's fees).

Seller agrees to submit certificates of insurance, evidencing its insurance coverage when requested by City.

EQUAL OPPORTUNITY CLAUSE: By acceptance of this P.O., Seller certifies it is in compliance with the Equal Opportunity Clause required by Executive Order 11246, as amended, and the Palo Alto Municipal Code, as amended, including Affirmative Action Compliance Programs for Veterans; Handicapped; and Minority Business, and other equal opportunity programs.

FORCE MAJEURE: City may delay delivery or acceptance occasioned by causes beyond its control. Seller shall hold such materials, supplies, services and or installations at the direction of City and shall deliver them when the cause affecting the delay has been removed. City shall be responsible only for Seller's direct additional costs in holding the goods or delaying performance of this P.O. and City's request. Seller shall also be excused if delivery is delayed by unforeseen events beyond its reasonable control, provided Seller notifies City as soon as they occur. City may cancel this P.O. if such delay exceeds thirty (30) days from the original delivery date. Seller shall use its best efforts to grant preference to this P.O. over those of other customers, which were placed after this P.O.

AUTHORITY OF AGENT OR FACTOR: Seller represents that, whenever it executes this P.O. on behalf of a third party as an agent or factor, it shall disclose the existence of the agency or factor relationship to City. Seller shall be deemed to have the legal authority to enter into this P.O. with City on behalf of the third party.

INTERPRETATION OF CONTRACT DOCUMENTS: In the event of a conflict between the terms of this P.O. and the attached specification with respect to any obligation of Seller, the provision which impose the greater obligations upon Seller shall prevail.

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CITY OF PALO ALTO
GDS Rev. 06/22/2016

TERMS AND CONDITIONS OF PURCHASE
PAGE 2 OF 3
ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS: Seller agrees to comply with the City's Environmentally Preferred Purchasing Requirements. (1) Hazardous Waste:

Seller shall take-back all spent or otherwise discarded hazardous products sold to the City by the Seller if the spent or discarded products are classified as hazardous or universal wastes by State or Federal regulations. Seller shall provide convenient collection and recycling services (or disposal services if recycling technology is unavailable) for all universal wastes, which originate from the Vendor. Hazardous waste manifests or bills of lading must be provided to City staff upon request. Recycling and reuse of hazardous wastes must occur within the United States. Universal waste lists and information are available www.dtsc.ca.gov/HazardousWaste/UniversalWaste/. A hazardous waste list is available at http://www.calrecycle.ca.gov/LEA/Training/wasteclass/yep.htm. Additional information can be obtained by contacting the City of Palo Alto Hazardous Waste Department at (650) 496-6980.
(2) Zero Waste and Pollution Prevention:

Per Palo Alto City Council policy, the City is targeting to achieve Zero Waste by 2021. The City must also meet Municipal Regional Stormwater Permit requirements requiring no visible impact from litter via stormdrains by 2022. To that end the vendor, manufacturer and or contractor must individually or collaboratively comply with the waste reduction, reuse and recycling requirements of the City's Zero Waste and Pollution Prevention Programs. Seller acknowledges and agrees that if Seller fails to fully and satisfactorily comply with these requirements, the City will suffer, as a result of Seller's failure, substantial damages which are both extremely difficult and impracticable to ascertain. Therefore, the Seller agrees that in addition to all other damages to which the City may be entitled, in the event Seller fails to comply with the below requirements Seller shall pay City as liquidated damages the amounts specified below. The liquidated damage amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer as a result of such non-compliance.

Sellers shall adhere to the standard that all printed materials provided to the City that are generated from a personal computer and printer including, proposals, quotes, invoices, reports, and public education materials shall be double-sided, printed on a minimum of 30% post-consumer content paper or greater unless otherwise approved by the City's Environmental Services Division (650) 329-2117. Materials printed by a professional printing company shall be a minimum of 30% post-consumer material or greater and printed with vegetable based inks. Liquidated damages of $30 per document will be assessed by City for failure to adhere to this requirement.

All paper packaging must be Forest Stewardship Council (FSC) Certified.

All primary, secondary and shipping (tertiary) packaging be minimized to the maximum extent feasible while protecting the product being shipped.

All primary, secondary and shipping packaging shall be recyclable in the City's recycling program. A complete list of items accepted for recycling are found at www.zerowastepaloalto.org or by calling (650) 496-5910. If any portion is received that does not meet this requirement, liquidated damages of $235 or a minimum of $50 if the combined product and shipping cost is $235 or less will be assessed by City for failure to adhere to this requirement.

Expanded foam plastics (e.g., foam or cushion blocks, trays, packing 'peanuts'), such as but not limited to polystyrene (aka Styrofoam[tm]), polypropylene, or polyurethane shall not be used as primary, secondary or tertiary/shipping packaging with the following exceptions:
o Primary packaging made from these materials may be used if the vendor, manufacturer, contractor individually or collaboratively does one of the following:
(a) takes the material back at the City's convenience and at no cost to the City, or (b) pays the City of Palo Alto's disposal costs via payment of liquidated damages of $235, or a minimum of $50 if the combined product and shipping cost is $235 or less. o Bioplastics that meet ASTM D6400 standards for compostability may be accepted with approval from the City's Environmental Services Division subject to local municipal compost facility requirements.
o If approved by the City's Environmental Services Division, a packaging requirement may be waived if no other viable packaging alternative exists.

Reusable/returnable pallets shall be used and taken back by the Seller, at no additional cost to the City. Seller shall provide documentation upon request ensuring reuse of pallets and/or recycling of broken pallets. Liquidated damages of $262 or a minimum of $50 if the combined product and shipping cost is $262 or less will be assessed by City for failure to adhere to this requirement.
(3) Energy and Water Efficiency:

Seller shall provide products with an ENERGY STAR, Water Sense or State of California standard rating, whichever is more efficient, when ratings exist for those products. A life cycle cost analysis shall be provided to the City upon request and shall at minimum include:
first cost, operating costs, maintenance costs, and disposal costs.

Contacts for additional information about City of Palo Alto Hazardous Waste, Zero Waste and Utilities programs:

Hazardous Waste Program (Public Works)
(650) 496-6980
Zero Waste Program (Public Works)
(650) 496-5910
Watershed Protection
(650) 329-2117
Energy Efficiency
(650) 496-2244
(4) Liquidated Damages:

Seller agrees that failure to comply with the City's Environmentally Preferred Purchasing Requirements will result in Liquidated Damages, according to the table marked Liquidated Damages on page 3 of this P.O.

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Event of Non-Performance
Recycled Paper Use
Failure to use 30% recycled content paper
Recyclable Packaging Materials
Failure of Seller to use secondary and shipping packaging that is recyclable in the City's recycling program.

Expanded Foam Plastics
Unapproved use of expanded foam plastics for secondary or shipping packaging
Pallet Use
Failure of Seller to take-back and reuse pallets, recycling only broken pallets, at no additional cost to the City.

Acceptable Performance Level
(Allowed events per Fiscal Year)
1 1
0 1
Liquidated Damage Amount
$30 per each document
$235 or a minimum of $50 if the combined product
and shipping cost is $250 or less will be incurred if
this is not adhered to.
$235 or a minimum of $50 if the combined product
and shipping cost is $235 or less
$262 or a minimum of $50 if the combined product
and shipping cost is $2 or less

CITY OF PALO ALTO
GDS Rev. 06/22/2016

TERMS AND CONDITIONS OF PURCHASE
NONCOMPLIANCE WITH ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES:

The following table lists the events that constitute breaches of the Agreement's standard of performance warranting the imposition of liquidated damages; the acceptable performance level, and the amount of liquidated damages for failure to meet the contractually required standards of performance.

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: April 7, 2025
Report #:2408-3381
TITLE
Approval of a Purchase Order with Municipal Maintenance Equipment, Inc. in an Amount Not to Exceed $520,020 for the Purchase of a 2024 All-Electric Ford E-Transit Van with a Closed- Circuit Television Crawler Camera System, Utilizing a Cooperative Purchase Agreement, as Part of the Fiscal Year 2024 Scheduled Vehicle and Equipment Replacement Capital Improvement Project (VR-24000); CEQA Status – Exempt Under Sections 10560 and 105671

RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute a purchase order with Municipal Maintenance Equipment, Inc. in the total Not to Exceed amount of $520,020, including 5% contingency in the amount of $24,763 for unforeseen price increases, for the purchase of one new 2024 All-Electric Ford E-Transit Van with a Closed-Circuit Television Crawler Camera System, utilizing cooperative purchase agreement number 120721 between RapidView, LLC., and Sourcewell, a cooperative purchasing agency serving government and not-for-profit organizations.

BACKGROUND
The Vehicle and Equipment Use, Maintenance, and Replacement Policy section 4-1 provides for the on-going replacement of City fleet vehicles and equipment. Replacements are scheduled using guidelines based on age, mileage accumulation, and obsolescence. Policy 4-1 prescribes a replacement interval for trucks with service bodies of ten years or 100,000 miles. Replacement of unit 8793 is programmed in the Fiscal Year 2024 Scheduled Vehicle and Equipment Replacement Capital Improvement Program project VR-24000.

Closed-Circuit Television (CCTV) inspections are a critical requirement for all sanitary sewer system operators. This vehicle serves as a critical pipe inspection platform, enabling operators to accurately assess the condition of sewer pipes. The operator uses a wheeled robot equipped with a camera and sensors to enter the pipe, capturing both video and still images. These visuals are then entered into and processed by software that generates specialized reports used Item 12
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by management to make key determinations and operational decisions. The CCTV Crawler Camera supports the following functions:
•Provide engineering staff with accurate data to identify degraded sewer pipes in need of replacement. This information is used to guide future capital improvement projects.
•Verify the quality of sewer cleaning and modify cleaning schedules as needed. •Determine the cause of spills and stoppages.
•Verify the presence or absence of cross-bores, including gas lines and communications conduits.
•Locate connections to the sewer system.
•Document and locate inflows into the system and outflows leaving the system.

ANALYSIS
The Utilities Department currently operates one CCTV Crawler Camera within unit 8793, a 2005 Ford E-450 model with over 26,000 miles. As a specialty vehicle, the mileage is less significant compared to the total hourly engine run-time. Daily tasks require the unit to be stationary and idling the majority of the time, reflecting a higher hourly usage and wear and tear on the engine than vehicle mileage would indicate. Unit 8793 was introduced to the fleet in 2005, and at nineteen years old, it is one of the oldest pieces of equipment in the inventory. The truck does not record engine hours but has been consistently and regularly used by the department throughout the last decade.

The absence of a functional CCTV Crawler Camera would significantly impact the maintenance of the sewer system and pipelines, potentially leading to delayed repairs of critical infrastructure. Benefits of replacing unit 8793 include 4K resolution cameras for higher video and image quality, improved lateral launch capabilities for inspecting sewer laterals that may not have above-ground access, and increased operational efficiency with fewer repairs, maintenance, and breakdowns.

The continued use of unit 8793 highlights the expertise of the operators who have diligently maintained this aging vehicle. However, the inevitable wear and tear are now adversely affecting the Utilities Department’s operational readiness, resulting in diminished reliability, increased breakdowns, and compromised image quality with instances of blurriness or overexposure. To ensure operational efficiency, optimal decision-making, productivity, and accountability within the Utilities Department, staff recommends that Council approve the purchase order from Sourcewell (Attachment B) to replace unit 8793 with a modern, state of the art apparatus.

The approval of the 5% contingency is important as staff has experienced uncertainty in pricing.

Manufacturers and vendors cannot guarantee pricing as they are experiencing ongoing supply chain issues, materials pricing fluctuations, and changes in availability. Whereas in the past, Item 12
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these increases were not passed on to the consumer but absorbed by the manufacturers and vendors, we are now subject to last minute price changes. The contingency allows for staff to proceed with the purchase without having to return to Council for authorization in the event of a minor price increase.

Procurement Process
Palo Alto Municipal Code section 2.30.360(j) allows the use of cooperative purchasing agreements in lieu of conducting a competitive solicitation. Municipal Maintenance Equipment, Inc. (MME) was awarded a contract by Sourcewell1, a cooperative purchasing agency serving governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies. Sourcewell conducted a Request for Proposals under which MME was an awarded vendor. To participate under the cooperative agreement, a Request for Quotation was sent to Sourcewell, and staff received a quote from MME on February 10, 2025 (Attachment A).

FISCAL/RESOURCE IMPACT
Funding was approved for the purchase of one 2024 Ford E-Transit Van with the CCTV Crawler Camera System in the Fiscal Year 2024 Scheduled Vehicle and Equipment Replacement Capital Improvement Program project (VR-24000).

Additionally, Fleet staff review proposed vehicle replacements with the departments using the vehicles.

ENVIRONMENTAL REVIEW
This purchase is exempt from the provisions of the California Environmental Quality Act (CEQA) under Sections 10560 and 10561.

ATTACHMENTS
Attachment A: Quote
Attachment B: Purchase Order
APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
1 Sourcewell Contract with RapidView; https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/public- services/fleet/rapidview-sourcewell-contract-120721-1.pdf Item 12
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**ATTN: JAMES WHEELER ***
City of Palo Alto City Council Staff Report no. 2408-3381 This City of Palo Alto (City) Purchase Order agreement (PO) with Municipal Maintenance Equipment, Inc., is made pursuant and subject to Sourcewell Contract No. 120721-RVL Municipal Maintenance Equipment, Inc., for the procurement of the equipment detailed in this PO.

This PO is governed by California law without regard to conflict of law principles. The venue for any dispute under this PO is Santa Clara County, California.

This PO by reference incorporates the following contract documents into this PO by reference as though fully set forth herein:

1. Sourcewell Contract No. 120721-RVL

2. Municipal Maintenance Equipment, Inc.,Pricing Sheet for Sourcewell Contract No. 120721-RVL

3. Municipal Maintenance Equipment, Inc.,Quote No. dated February 7, 2025 pricing and specifications)

4. City Of Palo Alto Terms and Conditions.
0010 Ford E-Transit HiRoof CCTV Van 1 EA 435,714.72 435,714.72 Purchase one Ford E-Transit Hi Roof CCTV Van
Vendor Address

MUNICIPAL MAINTENANCE EQUIPMENT INC
4634 MAYHEW ROAD
SACRAMENTO CA 95827
Tel: 916-922-1101 Fax: 916-922-1034
Bill To:

City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:

Equipment Management Division
City of Palo Alto
3201 East Bayshore Road
Palo Alto CA 94303
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.

INVOICE - A separate invoice is required for each order. Send to address indicated above.

PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4525000372
Date 02/25/2025
Vendor No. 100520
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship best method
Required Date 06/18/2025
Buyer/Phone Saira Cardoza / 650-329-2327
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER

ARRANGEMENTS ARE INDICATED HEREIN

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Sourcewell Contract: 120721-RVL
Delivery: 9 months after receipt of PO
TOTAL: $495,257.37:
* 453,467.10 unit
* -17,752.38 discount
* 9,629.38 freight
* 3,500.00 Labor
* 5,000.00 Equipment Training
* 41,413.27 SAP to Calculate Sales Tax (9.125%)
* Line 50 includes 5% contingency for a possible price fluctiation New unit 8799 (replaces 8793) WGW
0020 Freight / PDI 1 EA 9,629.38 9,629.38 Vendor shall handle DMV Registration
PROJECT MANAGER: John Dimas Flores 650-838-2904
[email protected]
SEND INVOICE TO: EQUIPMENT MANAGEMENT
0030 Labor Prep 1 EA 3,500.00 3,500.00
0040 Training (2 Days) 2 EA 2,500.00 5,000.00 Vendor Address

MUNICIPAL MAINTENANCE EQUIPMENT INC
4634 MAYHEW ROAD
SACRAMENTO CA 95827
Tel: 916-922-1101 Fax: 916-922-1034
Bill To:

City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:

INVOICE - A separate invoice is required for each order. Send to address indicated above.

ARRANGEMENTS ARE INDICATED HEREIN

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0050 5% Contingency 1 USD 24,763.00 24,763.00 -------------------------
Sub-Total 478,607.10
Sales Tax 41,413.28
**** PRICE HAS BEEN QUOTED ****
Vendor Address

MUNICIPAL MAINTENANCE EQUIPMENT INC
4634 MAYHEW ROAD
SACRAMENTO CA 95827
Tel: 916-922-1101 Fax: 916-922-1034
Bill To:

City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:

Equipment Management Division
City of Palo Alto
3201 East Bayshore Road
Palo Alto CA 94303
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Chief Procurement Officer
Total 520,020.38
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.

INVOICE - A separate invoice is required for each order. Send to address indicated above.

ARRANGEMENTS ARE INDICATED HEREIN

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CITY OF PALO ALTO
GDS Rev. 06/22/2016

GOVERNING LAW: This P.O. shall be governed by the laws of the State of California.

Seller agrees to submit certificates of insurance, evidencing its insurance coverage when requested by City.

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CITY OF PALO ALTO
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All paper packaging must be Forest Stewardship Council (FSC) Certified.

All primary, secondary and shipping (tertiary) packaging be minimized to the maximum extent feasible while protecting the product being shipped.

Contacts for additional information about City of Palo Alto Hazardous Waste, Zero Waste and Utilities programs:

Hazardous Waste Program (Public Works)
(650) 496-6980
Zero Waste Program (Public Works)
(650) 496-5910
Watershed Protection
(650) 329-2117
Energy Efficiency
(650) 496-2244
(4) Liquidated Damages:

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CITY OF PALO ALTO
GDS Rev. 06/22/2016

TERMS AND CONDITIONS OF PURCHASE
NONCOMPLIANCE WITH ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES:

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5 0
5 9
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: April 7, 2025
Staff Report: 2411-3788
TITLE
Approval of Three Professional Service Agreements: Contract No. C25193590A with 4Leaf, Inc., Contract No. C25193590B with CMI Contractors, Inc., and Contract No. C25193590C with Park Engineering, Inc, in the Aggregate Amount Not-to-Exceed $6 Million for a Period of Three Years for On-Call Field Inspections and Construction Management Services to Support Electric and Fiber Utilities’ Capital Improvement Projects (CIPs) Including the Grid Modernization Project; CEQA Status: Not a project.

RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or designee to execute three professional service agreements with the following vendors in the combined total amount not-to-exceed $6 million for a period of three years for on-call field inspections and construction management services for Electric and Fiber Utility CIPs:
1) Contract No. C25193590A with 4Leaf, Inc. (Attachment A) 2) Contract No. C25193590B with CMI Contractors, Inc. (Attachment B), and 3) Contract No. C25193590C with Park Engineering, Inc. (Attachment C).

EXECUTIVE SUMMARY
The current Fiscal Year 2025 total budget for Electric Utilities CIP Projects is $75 million, which includes the Grid Modernization Project, Foothills Rebuild Project, and multiple substation and distribution system improvement projects which are projected to extend out to five years before final completion. These on-call services contracts will provide construction management and inspection services when there are insufficient internal staff available. This will allow the Utilities Department to add resources to efficiently manage workloads, uphold a high level of service to residents and businesses, and use resources with specialized expertise on complex projects.

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The Fiscal Year 2025 total budget for Fiber Optic Services is $27 million, which includes Fiber Optic system improvements, system rebuilds, and Fiber-to-the-Premise (FTTP). These projects will require construction staffing resources with specific Electric Utility expertise, and generally, a total of 10% of the Utilities Department CIP project cost is budgeted for internal or external field inspections and construction management services.

The requested Council approval is for an aggregate not-to-exceed amount of $6 million over three years in construction management and field inspection services needed to support the Electric and Fiber Utility CIPs mentioned above, to be distributed among the three on-call professional service agreements. Staff expects the Electric and Fiber Optic projects to require between $250,000 and $500,000 annually for each CIP projects. These projects include Grid Modernization, Electric Distribution System Improvements, Fiber-to-the-Premises (FTTP), Fiber Backbone Rebuild, Colorado Substation Circuit Breaker and Relay Protection Systems Upgrades, and Substation Physical Security Upgrades.

BACKGROUND
The City of Palo Alto owns, operates, and maintains a full suite of utilities for its residents and businesses. The utilities include a potable water distribution and transmission system, a natural gas distribution system, a wastewater collection system, and electrical and fiber optic distribution systems. The Utilities Department invests in CIPs to ensure future reliability of the utility systems, enhance operational safety, and minimize maintenance costs.

Capital improvement construction projects require full-time inspection and construction management to ensure work performed by contractors complies with Utility Standards, engineered plans, and federal and state regulations. The daily responsibilities of the engineering inspectors and construction management include ensuring safety practices are followed and traffic controls are in place as approved, creating record drawings of the utility improvements for Geographic Information System (GIS) updates to aid in future designs and avoid damage during future excavations, and collaborating with utility project managers to ensure project delivery is on time and within budget.

The Utilities Department anticipates an increased Electric CIP workload, and the start of FTTP construction, in coming years that exceeds engineering staffing resources for field inspection and construction management. These projects, including Electrical Substation Upgrades, the Grid Modernization Project, and FTTP pilot will require contract inspectors and construction managers with specific electric utility experience when there is insufficient internal staff.

Having three on-call field inspection and construction management services contracts will allow the Utilities Department flexibility to use external resources to provide additional coverage for inspection, construction management, and other professional services, and to assign work based on which firm has the appropriate expertise and availability for a specific City Electric or other Fiber CIP.

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When soliciting contract inspectors or construction managers, staff contacts each company and requests qualified staffing for the project. Candidate resumes are provided by each company for available personnel with the requested experience. Staff evaluates each resume and the candidate’s availability compared to when the project is anticipated to start. If a candidate is not available, staff can move around internal resources or delay the project until a qualified candidate is available. Having three companies under contract allows flexibility to onboard a qualified candidate and ensure the project starts on time with qualified staff.

ANALYSIS
Generally, a total of 10% of Utilities’ CIP total project cost is budgeted for internal or external field inspections and construction management. The Electric operations division has in-house inspectors that are mainly assigned to electric operations projects (customer installations and upgrades). The electric and fiber optic engineering divisions do not have full-time inspectors to oversee the anticipated electric engineering or fiber CIP projects. These on-call contracts are necessary to provide adequate project inspection and construction management for upcoming projects that require specialized utility experience and to support the fast-paced grid modernization for electrification projects as well as the FTTP Pilot.

Summary of Solicitation Process
A Request for Proposal (RFP #1909441) for on-call field inspection and construction management services was issued via OpenGov on June 4, 2024. A total of 3,258 vendors were notified in the City’s electronic procurement system. At the end of the advertisement period, three proposals were received from 4Leaf, Inc. Park Engineering, Inc., and CMI Contractors, Inc.

The criteria in selecting the firms include experience in working on Electric, and Fiber projects, sufficient staffing, cost to the City, quality of the proposal, and prior record of performance with the City or other agencies. Staff verified the criteria and proposals of the three firms to be satisfactory.
4Leaf, Inc., and Park Engineering, Inc. have established performance records working on City WGW CIP and non-CIP projects under existing On-Call Inspection contracts, which Council renewed for a five-year term February 10, 2025 (Council Report ID # 2407-32222). CMI Contractors Inc., specializes in electric utility construction management and field inspection, the flexibility of this RFP enables the opportunity for a industry specific company such as CMI Contractors to bid, expanding the typical response pool.

Staff recommends the contracts be awarded to 4Leaf, Inc., CMI Contractors, Inc., and Park Engineering, Inc. for Electric and Fiber Utility CIP inspection and construction management 1 RFP #190944 https://procurement.opengov.com/portal/palo-alto-ca/projects/98927 2 Council Report ID # 2407-3222 https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=d1028eac- 5073-4d54-b84f-ef3325ce78df
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services, to ensure the availability of experienced staff when needed. On-call services will be assigned on a Task Order basis depending on which contractor has the staffing availability and relevant expertise for an upcoming City CIP. When services are needed, the City will contact the firms regarding their availability to perform the necessary work and request project-specific proposals and resumes for proposed staff. Individual Utilities project managers will be responsible for evaluating the adequacy of each Task Order’s proposed scope of work, reviewing the experience and billing rates of proposed staff with a project team, ensuring appropriately qualified staff are assigned to each Task Order, and managing each Task Order budget ultimately with the Assistant Director of Electric Operations and Engineering approving the task orders. The overall contract will be managed by Utilities’ Strategic Business Manager.

Table 1: Summary of Request for Proposal
Proposal Title
On-Call Field Inspection and Construction
Management Services for Utilities
Proposal Number 190944
Proposed Length of Project 10 Years
# of Notices sent to Vendors via City’s
eProcurement System (OpenGov)
3,258
# of RFP Packages Downloaded by Firms 52
Total Days to Respond to Proposal 15 Calendar Days
Pre-Proposal Teleconference June 13, 2024
# of Company Attendees at Pre-proposal
Meeting
9 # of Proposals Received 3
Range of Cost Proposals On-Call Field Inspector:

From $151.82/hour to
$184.51/hour
On-Call Construction
Manager: $170.89/hour
to $256.91/hour
Company Name Location (City, State)
Park Engineering, Inc. 372 Village Square, Orinda, CA 94563 CMI Contractors, Inc. 745 S. Turner Drive, San Jose, CA 95128 4Leaf, Inc. 2126 Rheem Drive, Pleasanton, CA 94588
Public Link to Solicitation OpenGov System-Solicitation Information A total not to exceed amount of $6 million is being requested for a three-year contract term to support the upcoming utility capital improvement projects. When City plans CIP construction, a task order with a specific dollar amount for that project will be issued to one of the two firms with the most available and qualified individuals at the time of request. In the event specialized experience or knowledge is required, Park Engineering has included pricing to subcontract work to ensure the City receives the required experience on specialized projects, which results in a larger range in hourly costs in the table above.

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FISCAL/RESOURCE IMPACT
Funding for these contracts will be allocated as needed up to a not-to-exceed amount of $6 million to be distributed between the three professional service agreements over the term of three years. Staff anticipates Electric CIP projects will use up to will use between $250,000 and $500,000 annually when staff are assigned to other projects. There is sufficient funding budgeted in FY 2025 in the capital improvement projects listed in the table below. Funding for future years of these contracts and capital projects is subject to the annual budget process and Council appropriation of funds.

Utility
Project
Number Project Title
Adopted FY25
Budget
Electric EL-24000 Grid Modernization for Electrification $43,182,640 Fiber FO-24000 Fiber-to-the-Premise (FTTP) $13,925,164
Electric EL-19002 Colorado Substation Site Improvements $1,138,394

STAKEHOLDER ENGAGEMENT
The evaluation committee formed by staff in water, gas, wastewater, electric and fiber engineering reviewed the submitted proposals. This staff report addresses only Electric and Fiber services contracts; WGW service contracts were separately approved by Council on February 10, 2025. The evaluation of upcoming projects and future needs of on-call inspection and construction management personnel was coordinated.

ENVIRONMENTAL REVIEW
City Council approval of these on-call professional services contracts is not a project under CEQA, as an administrative and organizational activity of government that will not result in direct or indirect physical changes in the environment (14 CCR 15378(b)(5)). CEQA evaluations will be performed prior to Council approval of any specific CIP construction contract for which these professional construction management and field inspection services would be assigned.

ATTACHMENTS
Attachment A: Contract with 4Leaf; Contract C25193590A
Attachment B: Contract with CMI Contractors, Inc.; Contract C25193590B Attachment C: Contract with Park Eng; Contract C251935904C APPROVED BY:

Kiely Nose, Interim Director of Utilities
Staff Lead: Dave Yuan, Strategic Business Manager
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CITY OF PALO ALTO CONTRACT NO. C25193590A

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF PALO ALTO AND 4LEAF, INC.

This Agreement for Professional Services (this “Agreement”) is entered into as of the 17th day of March, 2025 (the “Effective Date”) , by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and 4LEAF, INC. , a corporation, located at 2126 Rheem Drive, Pleasanton, CA 94588 (“CONSULTANT”).

The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:

RECITALS

A. CITY intends to support Utilities Department capital projects for its E lectric and Fiber Engineering Division (the “Project”) and desires to engage a consultant to provide field inspections and construction management services on an on-call, as-needed, time-limited basis in connection with the Project (the “Services”, as detailed more fully in Exhibit A).

B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.

C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.

NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:

SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.

Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)

CITY may elect to, but is not required to, authorize on- call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensati on).

CONSULTANT shall provide on -call Services only by advance, written authorization from CITY as detailed in this Section. On -call Services, if any, s hall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TASK ORDER”.

Each Task Order shall contain a specific scope of s ervices, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.

Compensation for on-call Services shall be specified by CITY in the Task Order, based on Docusign Envelope ID: 33E21A0E-6F23-4DE1-9783-6AED0C678E7D Item 13
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whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.

To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for al l Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on -call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.

SECTION 2. TERM.

The term of this Agreement shall be from the date of its full execution through March 16, 2028 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.

SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.

CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.

SECTION 4. NOT TO EXCEED COMPENSATION. The CITY is engaging multiple consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work is performed by any one or more such consultants, CITY will ensure that total compensation to all such consultants will not exceed an aggregate of Six Million Dollars ($6,000,000.00) among all consultants over the three-year Term of this Agreement.

The compensation to be paid to CONSULTANT, if selected for performance of the Services, shall be based on the compensation structure detailed in one or more Task Order(s) in the format of Exhibit A-1, based on hourly schedule of rates set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment has not been expressly set forth in the rate schedule and/or a Task Order shall be at no cost to the CITY.

Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)

In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of D ollars ($ ) for the performance of Additional Services ( as defined below). The total compensation for perf ormance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Dollars ($ ) , as detailed in Exhibit C.

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“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section . Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.

CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.

SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the S ervices performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.

SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s superv ision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to per form the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this A greement 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.

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SECTION 7. COMPLIANCE WITH LAWS . CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and order s that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement , as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.

SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.

SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.

SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the S ervices requested by CITY under this Agreement.

CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the S ervices, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT ’s provision of the Services only, and not as to the means by which such a result is obtained.

SECTION 11. ASSIGNMENT . The partie s agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the pri or written approval of the C ity Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties.

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SECTION 12. SUBCONTRACTING.

Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.

Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are:

CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors . CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors . CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.

SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Gene Barry, P.E., Telephone: 925-462- 5959, Email: [email protected] as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day- to-day performance of t he Services. If circumstances cause the substitution of the CONSULTANT’s P roject Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel w ill be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.

CITY’s Project Manager is Mohammad Fattah , Utilities Department, Electric and Fiber Engineering Division, 1007 Elwell Court, Palo Alto, CA , 94303, Telephone: 650-329-2385, Email: [email protected]. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.

SECTION 1 4. OWNERSHIP OF MATERIALS . A ll work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the C ity 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 Docusign Envelope ID: 33E21A0E-6F23-4DE1-9783-6AED0C678E7D Item 13
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Scope of Services.

SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.

SECTION 16. INDEMNITY.

16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’ s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction.

16.2. Notwithstanding the above, nothing in thi s Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.

16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.

SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.

SECTION 18. INSURANCE.

18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or Docusign Envelope ID: 33E21A0E-6F23-4DE1-9783-6AED0C678E7D Item 13
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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. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination , CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.

19.2. In event of suspension or termination, CONSULTANT wi ll deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).

19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Docusign Envelope ID: 33E21A0E-6F23-4DE1-9783-6AED0C678E7D Item 13
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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 S ervices provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections wil l survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.

19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).

SECTION 20. NOTICES.

All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:

To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303

With a copy to the Purchasing Manager

To CONSULTANT: Attention of the P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.

CONSULTANT shall provide written notice to CITY of any change of address.

SECTION 21. CONFLICT OF INTEREST.

21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.

21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.

CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.

21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.

SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.

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22.1. As set forth in Palo Alto Municipal Code S ection 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregna ncy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section

2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.

22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.

SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with t he CITY’s Environmentally Preferred Purchasing p olicies which are available at CITY ’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY 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 C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT , at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.

SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .

CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 Docusign Envelope ID: 33E21A0E-6F23-4DE1-9783-6AED0C678E7D Item 13
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for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.

SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This S ection shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.

SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.

26.1. This Project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulations.

CONSULTANT is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq. ), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.) , as amended from time to time. CONSULTANT shall comply with the requirements of Exhibit E , entitled “ DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repair or maintenance, including but not limited to the obligations to register with, and furnish certified payroll records directly to, DIR.

SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.

This Project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Exhibit F, entitled “ Claims for Public Contract Code Section 9204 Public Works Projects”.

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SECTION 28. CONFIDENTIAL INFORMATION.

28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.

CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.

Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.

28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code S ection 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentia lity obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.

28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.

28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.

28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.

28.6. If selected in Section 30 (Exhibits) , this Agreement is also subject to the Docusign Envelope ID: 33E21A0E-6F23-4DE1-9783-6AED0C678E7D Item 13
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terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.

SECTION 29. MISCELLANEOUS PROVISIONS.

29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.

29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.

29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.

29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings , either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.

29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.

29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.

29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.

29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.

29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.

SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:

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EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT E: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
EXHIBIT F: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204

PUBLIC WORKS PROJECTS

THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.

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CONTRACT NO. C25193590A SIGNATURE PAGE

IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.

CITY OF PALO ALTO

____________________________
City Manager

APPROVED AS TO FORM:

__________________________
City Attorney or designee

4LEAF, INC.

By:_________________________________

Name:_______________________________

Title: _______________________________

By:_________________________________

Name:_______________________________

Title: _______________________________

Docusign Envelope ID: 33E21A0E-6F23-4DE1-9783-6AED0C678E7D Gene Barry
Vice President
President
Kevin Duggan
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EXHIBIT A

SCOPE OF SERVICES

CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services.

A. Governing Construction General Standards:

Standards and references listed below shall be applicable to Task Orders I, II, and III;

Electric/Fiber Optic:

The Field Inspection & Construction Project Manager shall perform services in accordance with the most recent City of Palo Alto Utilities (CPAU) Electric Construction Standards manual; CPAU Electric S ervice Requirements manual; CPAU Safety Rules manual; CPAU plans, Permits and other documents governing the construction of the project; California Public Utilities Commission (CPUC) General Orders 95, 128 & 165, rules for construction and maintenance of overhead and underground electric supply and communication systems ; and pollution prevention practices outlined in Stormwater Pollution Prevention Plan (SWPPP).

B. Governing Qualifications:

The standards and references listed below shall be applicable to Services described in Sections I, II, and III below.

Personnel qualifications and staffing levels for City projects shall be subject to the approval of the City’s specific Project Engineer assigned, and as set forth in a Task Order for the specific utility project. It is expected the Consultant provide appropriately experienced personnel corresponding to the utility project inspection request. The City’s Project Engineer shall res erve the right to review the resume and interview any new proposed consultant personnel for City projects. References of prior inspection experience shall be available for all Consultant staff and may be requested by City at any time during the Contract.

Electric/Fiber Optic:

The Consultant Electrical/Fiber Optic Field Inspector assigned to work on CPAU’s Projects shall have a minimum of 10 years’ experience working for an Investor-Owned Electric Utility and/or a Municipal Public Utility in the areas of overhead and underground construction, maintenance, and inspection with a working knowledge of CPUC General Orders 95, 128, & Docusign Envelope ID: 33E21A0E-6F23-4DE1-9783-6AED0C678E7D Item 13
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168. The Field Inspector shall have the ability to make sound decisions, to communicate with others, and to assimilate and understand information in a manner consistent with the essential job functions. The Consultant’s personnel shall maintain the physical condition appropriate to the performance of the assigned duties which may include walking or standing for extended periods of time.

Additionally, Consultant Construction Managers must possess a B.S. in Construction Management, Electrical Engineering, or another relevant field.

I. CO NSULTANT TO PROVIDE CONSTRUCTION FIELD INSPECTION:

A. Construction Inspection Services Overview

Consultant shall provide professional services for field inspection of City’s capital improvement projects and/or private development projects. Projects will involve overhead/underground electrical, and fiber optic utilities. Examples of general duties:
oversight of utility infrastructure installation by various methods per design drawings, specifications, and utility standards; construction management; project or schedule coordination; compliance to safety requirements and approved traffic control plans; communication with City staff, contractor, customers, and the public; preparation of record drawings, construction daily reports, and other pertinent documents; etc. The consultant shall furnish personnel with a strong background and experience ( with the assigned utility) in electric and fiber optic construction practices and standards.

Inspection services will be provided on an “as requested” basis. It is expected that the inspector(s) will be responsible for successfully completing a background check (Live Scan) within 5 business days from the request for services. Upon successful completion of the background check, it is expected the inspector(s) will be available on-site in Palo Alto within 48 hours after successful completion of a background check. Inspection services will be required during regular working hours Monday through Friday between 8am-6pm; however, work may be needed night and/or day, on weekends, holidays and/or on a split shift basis. Workweeks may be more than or less than the standard 40-hour work week. The work schedule will be specified at the beginning of each project and documented in each Task Order (Exhibit A-1).

B. General Work Description

The Consultant Field Inspector shall inspect new overhead and underground util ity installations, alterations, and repairs to ensure compliance with plans, specifications, standards, and codes.

The Field Inspector’s responsibilities may include, but are not limited to the following:

1. Performs duties described in CPAU Inspector Checklist.

2. Maintains a daily log of construction project activity, incidents, tracks job status.

3. Complete, sign, and submit progress daily reports for approval of the City Project Manager.

4. Ensures that all applicable utility rules, codes and safety regulations are complied with.

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5. Ensures all material used and facilities constructed are in accordance with approved submittals, applicable plans, specifications, and CPAU Utility Standards.

6. Notifies contractors and the City’s project Engineer/Construction Project Engineer of non- compliance with the contract plans, specifications, and CPAU Utility Standards in a timely manner.

7. Reports and documents safety, compliance infractions, and unsafe work procedures.

8. Prepares inspection documentation for the development of progress payments for the project construction contractor.

9. Assists in preparing punch lists of uncompleted work, non- conformance reports, and deficiency notices.

10. Certifies as to the acceptability of each project upon its completion.

11. Conducts and generates agenda minutes of weekly field meetings.

12. Documents installed work on the as-built/record drawings daily (this may include the use of GPS equipment for data acquisition) and submits documentation as requested.

13. Documents project status with photographs and keeps project folders updated.

14. The consultant shall conduct Site Safety Inspections and work with the constructi on contractor at the start of projects on an “as-needed” basis.

15. Acts as the liaison between City staff, construction contractor, utility customers, and the public.

16. Coordinates the schedule between the construction contractor and Operations staff if needed.

17. Complete appropriate City required training/certification.

18. Quantify and confirm the good condition of materials provided by City from MSC/warehouse.

19. Enforce applicable permit requirements to the project construction contractor.

C. Documentation & Deliverables

The Consultant Field Inspector shall maintain a daily journal/diary for each day the inspector performs work on the project. The contents of the diary shall consist of brief, accurate statements of progress and conditions encountered during the prosecution of the work. A construction daily report shall be given daily to the City’s assigned Project Engineer and will become a part of the permanent project record. The Field Inspector shall document field as - built drawings/notes daily and transfer the field as-built drawings/notes to a final as-built set daily or weekly. The final as -built drawings must be reviewed by the City Project Engineer weekly. Field inspection photos, incident reports, and sewer lateral inspection reports must be completed and submitted to City as required.

Any safety violations and inspection infractions found are to be communicated to the City and construction contractor in real-time as they are discovered.

Once a month, an electronic effort summary report (web-based or in MS Word or MS Excel format) shall be sent to the City Project Engineer summarizing job highlights related to the consultant’s work hours, as well as the equipment inspected, and any infractions found.

II. CONSULTANT TO PROVIDE CONSTRUCTION MANAGEMENT:

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A. Construction Management Overview

Consultant shall provide professional services for construction management of the City’s capital improvement projects and/or private development projects. Projects will involve overhead/underground electrical and fiber optic utilities. Examples of general duties:
• Construction management of utility infrastructure installation by various methods per design drawings, specifications, and utility standards; • Communication with City staff, construction contractor, customers, and the public; • Prepare and lead online/field weekly construction meetings; • Track, plan, and coordinate construction or project schedule with City staff and City’s Project Manager; preparation and proces sing of field orders, change orders, request for information, permits, invoices, etc.;
• Review, check, and process approval of Contractor submittals; • Review and check Contractor -submitted construction GPS points and sewer lateral video inspections;
The consultant shall furnish personnel with a strong background and experience (with the assigned utility) in electric and fiber optic construction practices and standards.

Construction management services will be provided on an “as requested” basis. It is expected that the consultant construction manager(s) will be responsible for successfully completing a background check (Live Scan) within 5 business days from the request for services. Upon successful completion of the background check, it is expected the construction project manager(s) will be available on -site in Palo Alto within 48 hours of the after successful completion of a background check. Construction management services will be required during regular working hours Monday through Friday between 8am-6pm; however, work may be needed night and/or day, on weekends, holidays and/or on a split shift basis. Workweeks may be more than or less than the standard 40 -hour work week. The work schedule will be specified at the beginning of each City project and documented in each Task Order (Exhibit A-1).

B. General Work Description

The Construction Project Manager shall manage new underground utility installations, alterations, and repairs to ensure compliance with plans, specifications, standards, and codes.

The Construction Project Manager’s responsibilities may include, but are not limited to the following duties:

1. Ensure project coordination and be the primary point of contact with all parties on the construction project. Coordination will include work coordination among the City Project Manager, assigned project field inspector, City Staff, the public, contractor, other City Divisions/Departments & working Groups, third-party specialty inspectors, etc.

2. Coordinate with City internal divisions (ex. City Public Works for street paving and painting requirements, City Traffic Engineer for review and approval of traffic plans).

3. Manage, coordinate, and complete permits and enforce permitting requirements from other City of Palo Alto Departments and external agencies. Review, quantify, and Docusign Envelope ID: 33E21A0E-6F23-4DE1-9783-6AED0C678E7D Item 13
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coordinate release of materials provided by the City from MSC/warehouse for the project.

4. Organize pictures taken per location and activity (tie- ins, conduit, electric vaults, and electric manhole installations, meter transfers, etc.) before submitting to City Project Manager.

5. Prepare the agenda and facilitate the preconstruction meeting, weekly progress meetings, and all other construction meetings required during the project.

6. Receive, and review Change Order Requests with City Project Engineer.

7. Receive and evaluate all requests for information. Route RFIs when applicable to design teams and respond or review responses to RFI. Transmit RFI responses to the contractor.

8. Provide assistance in collection of field data (This may include the use of GPS equipment for data acquisition) and submit documentation as requested.

9. Receive and review progress payments and process for payment.

10. Receive, review, and approve Contractor submittals and shop drawings. Transmit reviews to and from design teams and contractor, as needed.

11. Request and process soil compaction testing for backfill.

12. Track project progress and schedule using Microsoft Project.

13. Attend and provide project updates in City meetings.

14. Review and check Contractor-submitted construction GPS points.

15. Monitor all applicable utility rules, codes, and safety regulations are complied with and enforce compliance as needed.

16. Read and review daily inspection reports.

17. Direct field inspector as needed.

18. Perform intermittent field observations

19. Ensure all facilities are constructed in accordance with applicable plans, specifications, and CPAU Utility Standards.

20. Receive and respond to public comments and inquiries.

21. Manage complex public complaints and potential claims.

22. Perform or manage field investigations or fie ld measurements of quantities and prepare field orders and contract modifications, as needed. Coordinate revisions with design team.

23. Prepare and review change orders with executive project manager.

24. Monitor performance of the work and prepares and issues notices of defective work and enforces compliance with the construction project documents. Reviews daily inspection reports and photos for non-conformance work.

25. Prepare punch lists and facilitates punch list walks and corrections.

26. Assist with the completion of documents.

27. Document work installed on the as-built/record drawings and submit documentation daily, weekly, monthly or as requested (This may include the use of GPS equipment for data acquisition using City-provided equipment).

28. Manage, coordinate, and complete permits required for the project.

Tasks specific to Electric/Fiber:

1. Manage and review the preparation of project procedures of proposed overhead and underground electric/fiber infrastructures, power poles, and electric substations.

2. Plan and schedule installation/maintenance/repair of overhead and underground electric/fiber infrastructure, power poles and electric substations.

C. Documentation & Deliverables
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filing systems at all times. The contents of the diary shall consist of brief, accurate statements of progress and conditions encountered during the prosecution of the work. A construction daily report shall be given daily to the City’s assigned City Project Manager and will become a part of the permanent project record. The Construction Project Manager shall keep track of submitted as -builts, photos, and sewer lateral reports submitted by the Inspector.

Once a month an electronic effort summary report (web-based or in MS Word or MS Excel format) shall be sent to the City Project Manager summarizing job highlights to the consultant’s work hours, the equipment inspected, and any infractions found.

III. ELECTRIC AND FIBER OPTIC SPECIAL SERVICES EMPLOYEE

A. Construction Management Overview and Description

The City may require that Consultant provide employees, including specialized contract employees, for projects requiring special experience or knowledge, who would be onboarded by the Consultant’s company if not a Consultant employee. Such onboarding by the Consultant shall occur within 10 business days from the date the City agrees to staffing a Consultant contract employee.

Consultant’s contract employee’s positions and tasks are not limited to field inspection, construction management, consultation services, estimation, design, labor work, training, etc.

The employee must be assigned to the appointed City project.

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EXHIBIT A-1

PROFESSIONAL SERVICES TASK ORDER

CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.

CONTRACT NO.

OR PURCHASE ORDER REQUISITION NO. ( AS APPLICABLE)

1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:

2. CONSULTANT NAME:

3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________

5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________

6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________

7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
 SERVICES AND DELIVERABLES TO BE PROVIDED
 SCHEDULE OF PERFORMANCE
 MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)  REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)

8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________

I hereby authorize the performance of the
work described in this Task Order.

APPROVED:

CITY OF PALO ALTO

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________

I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.

APPROVED:

COMPANY NAME: ______________________

BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________

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EXHIBIT B

SCHEDULE OF PERFORMANCE

CONSULTANT shall perform the Services 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 (“NTP”) from the CITY.

Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on- call agreements per Section 1 or agreements with Additional Services per Section 4.)

The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.

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EXHIBIT C

COMPENSATION

CITY agrees to compensate CONSULTANT for on-call, as-needed, time-limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth in a specific Task Order.

CITY’s Project Manager may approve in writing the transfer of budget am ounts between any of the tasks or categories listed within a specific Task Order, provided that the total compensation for the Services, including any specified reimbursable expenses , and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Consultant’s Task Orders issued under this Agreement.

CONSULTANT agrees to complete all Services , any specified reimbursable expenses, and Additional Services (if any, per Section 4) , within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in the Task Orders issued to Consultant under this Agreement shall be at no cost to the CITY.

The consultant will be compensated for the actual hours worked on construction site as requested by each Project Manager/Engineer, within the Task Order budget estimate prepared by City. The work hours in the electronic effort summary report will be used as a basis for compensation; Any revisions to the Task Order budget will require a written amendment signed by authorized representatives of the Parties.

The City makes no guarantee as to the actual amount of services to be requested under any Task Order.

REIMBURSABLE EXPENSES

CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time /overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in -house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.

Reimbursable expenses, if any are specified as reimbursable under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.

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EXHIBIT C-1

SCHEDULE OF RATES

CONSULTANT’s schedule of rates is as follows:

Scope
Source of
Services(c)

Work Hours(d)
Employee Hourly
Rate(e)

Extended Rate(f)

Total(g)
Task I – On-call
Field Inspector for
Electric/Fiber

Main

Sub
Regular time $71.33 $90.17 $161.50/hr
Night Time $79.95 $101.05 $181.00/hr
Overtime $105.79 $133.71 $239.50/hr
Double Time $140.24 $177.26 $317.50/hr
Task II – On-call
Construction Project
Managers for
Electric/Fiber

Main

Sub
Regular time $79.73 $100.77 $180.50/hr
Night Time $89.39 $112.99 $202.38/hr
Overtime $118.38 $149.62 $268.00/hr
Double Time $157.02 $198.48 $355.50/hr
Task III –
Electric/Fiber
Special Services
Employee

NA
Regular time TBD (e) x 1.264 (e+f)
Night Time TBD (e) x 1.264 (e+f)
Overtime TBD (e) x 1.264 (e+f)
Double Time TBD (e) x 1.264 (e+f)

Total Two Million Dollars ($2,000,000.00) per year with a total contract amount not to exceed Six Million Dollars ($6,000,000.00) among all Consultants over the three-year term.

Maximum Annual Price Escalator:

Year 2: 3% Year 3: 3%

Notes:
(a) The number of hours for the various tasks cannot be estimated at this time for an on-call contract, they will be included in a Task Order budget prepared by City at the time services are requested.
(b) Rates for prevailing wage categories are subject to annual escalations in accordance with the bi -annual wage determinations from the California DIR.

Rates based on California DIR’s wage determinations dated September 2023 (Inspectors).
(c) [Omitted intentionally]
(d) Nighttime – Work begun after 5 PM or before 6 AM (1.125 x hourly rate).

Overtime – Work over 8 hours Monday – Friday or 1st 8 hours on Saturdays (1.5 x hourly rate).

Double Time – Work over 8 hours on Saturdays or all hours on Sundays and Holidays (2 x hourly rate).
(e) Hourly rates are inclusive of travel time and no travel time will be billed by staff for daily travel to the project site.
(f) Rate including Contractor expenses (ex. benefits, vehicle, cell phone, laptops, PPE, tools, etc.) to be added to Employee hourly rates (g) Employee Hourly Rate + Extended Rate

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EXHIBIT D

INSURANCE REQUIREMENTS

CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE

CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.

AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.

REQUIRED TYPE OF COVERAGE REQUIREMENT

MINIMUM LIMITS
EACH

OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY

STATUTORY

STATUTORY STATUTORY STATUTORY
YES

GENERAL LIABILITY, INCLUDING

PERSONAL INJURY, BROAD FORM

PROPERTY DAMAGE BLANKET

CONTRACTUAL, AND FIRE LEGAL

LIABILITY

BODILY INJURY

PROPERTY DAMAGE

BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000

$1,000,000

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

YES

PROFESSIONAL LIABILITY,

INCLUDING, ERRORS AND

OMISSIONS, MALPRACTICE (WHEN

APPLICABLE), AND NEGLIGENT

PERFORMANCE
ALL DAMAGES $1,000,000
YES

THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST

AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM

OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY

CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’
COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.

I. INSURANCE COVERAGE MUST INCLUDE:

A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.

II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: [email protected]

III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:

A. PRIMARY COVERAGE

WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,

INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR

CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.

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B. CROSS LIABILITY

THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER

THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE

INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE

INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.

C. NOTICE OF CANCELLATION

1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON

OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL:

[email protected]

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EXHIBIT E

DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS

This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT wi thout proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors, if any, to comply with all applicable requirements of the California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations , including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. This Exhibit E applies in addition to the provisions of Section 26 (Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement.

CITY provides notice to CONSULTANT of the requirements of California Labor Code S ection 1771.1(a), which reads:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

This Project is subject to compliance monitoring and enforcement by DIR. All contractors must be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors must also be registered with DIR. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR . Additional information regarding public works and prevailing wage requirements is available on the DIR w eb site (see e.g. http://www.dir.ca.gov) as amended from time to time.

CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation.

CONSULTANT shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461).

CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code Section 1776, including but not limited to:

Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project.

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The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively.

At the request of CITY, acting by its P roject Manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the CITY Project Manager within ten (10) days of receipt of CITY’s request.

CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to CITY’s Project Manager at the end of each week during the Project.

If the certified payroll records are not provided as required within the 10 -day period, then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT.

Inform CITY’s Project Manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to CITY’s Project Manager within five (5) business days of any change of location of those payroll records.

Eight (8) hours labor constitutes a legal day’s work. CONSULTANT shall forfeit as a penalty to CITY, $25.00 for each worker employed in the execution of the Agreement by CONSULTANT or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through 1815 thereof, except that work performed by employees of CONSULTANT or any subcontractor in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours per week, at not less than one and one -half (1&1/2) times the basic rate of pay, as provided in Section 1815.

CONSULTANT shall secure the payment of workers’ compensation to its employees as provided in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONSULTANT shall sign and file with the CITY a statutorily prescribed statement acknowledging its obligation to secure the payment of workers’ compensation to its employees before beginning work (Labor Code 1861).

CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)).

CONSULTANT shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws.

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EXHIBIT F
Claims for Public Contract Code Section 9204 Public Works Projects

The provisions of this Exhibit are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims pursuant to Public Contract Code Section 9204 related to the Services performed under this Agreement.

1. Claim Definition. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City.
(B) Payment by the City of money or damages arising from the Services performed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City.

2. Claim Process.

(A) Timing. Any Claim must be submitted to City in compliance with the requirements of this Exhibit no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived.

(B) Submission. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Exhibit, and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events.

Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost.

Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts.

(C) Review. Upon receipt of a Claim in compliance with this Exhibit, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2.

(D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

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(E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply.

3. Disputed Claims

(A) Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pursuant to this Exhibit within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement.

(B) Mediation. Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws.

(i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Exhibit or to otherwise meet the time requirements of this Exhibit shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Exhibit, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.

5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum.

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6. Approved Subcontractor Claims. If an approved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

7. Waiver of Provisions . A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

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CITY OF PALO ALTO CONTRACT NO. C25193590B

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF PALO ALTO AND CMI CONTRACTORS, INC.

This Agreement for Professional Services (this “Agreement”) is entered into as of the 17th day of March, 2025 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and CMI CONTRACTORS, INC., a corporation, located at 650 Jordan Ave., Clovis, CA 93611 (“CONSULTANT”).

The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:

RECITALS

A. CITY intends to support Utilities Department capital projects for its Electric and Fiber Engineering Division ( the “Project”) and desires to engage a consultant to provide field inspections and construction management services on an on-call, as-needed, time-limited basis in connection with the Project (the “Services”, as detailed more fully in Exhibit A).

C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.

NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:

Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)

CITY may elect to, but is not required to, authorize on- call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).

CONSULTANT shall provide on- call Services only by advanced, written authorization from CITY as detailed in this Section. On -call Services, if any, s hall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TASK ORDER”.

Each Task Order shall contain a specific scope of s ervices, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.

Compensation for on-call Services shall be specified by CITY in the Task Order, based on Docusign Envelope ID: CABC24D0-2293-4C45-9258-87A7F1085186 Item 13
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whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.

To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on -call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.

SECTION 2. TERM.

The term of this Agreement shall be from the date of its full execution through March 16, 2028 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.

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 CITY is engaging multiple consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work is performed by any one or more such consultants, CITY will ensure that total compensation to all such consultants w ill not exceed an aggregate of Six Million Dollars ($6,000,000.00) among all consultants over the three-year Term of this Agreement.

The compensation to be paid to CONSULTANT, if selected for performance of the Services, shall be based on the compensation structure detailed in one or more Task Order(s) in the format of Exhibit A-1, based on hourly schedule of rates set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which pa yment has not been expressly set forth in the rate schedule and/or a Task Order shall be at no cost to the CITY.

Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)

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“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this S ection. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.

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SECTION 7. COMPLIANCE WITH LAWS . CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.

SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely resp onsible 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 con struction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.

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SECTION 12. SUBCONTRACTING.

SECTION 13. PROJECT MANAGEMENT . CONSULTANT will assign Roger Lenz , Telephone: 559-317-8285, Email: [email protected] as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day- to-day performance of the Servi ces. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.

CITY’s Project Manager is Mohammad Fattah , Utilities Department, Electric and Fiber Engineering Division, 1007 Elwell Court, Palo Alto, CA , 94303, Telephone: 650-329-2385, Email: [email protected]. CITY’s P roject 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 1 4. OWNERSHIP OF MATERIALS . A ll work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the C ity 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 Docusign Envelope ID: CABC24D0-2293-4C45-9258-87A7F1085186 Item 13
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Scope of Services.

SECTION 16. INDEMNITY.

16.2. Notwithstanding the above, nothing in this Section 1 6 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.

SECTION 18. INSURANCE.

18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or Docusign Envelope ID: CABC24D0-2293-4C45-9258-87A7F1085186 Item 13
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automobile policy or policies.

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 CONSUL TANT’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.

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 C ONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination , CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.

19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Docusign Envelope ID: CABC24D0-2293-4C45-9258-87A7F1085186 Item 13
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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 S ervices provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.

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 P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.

CONSULTANT shall provide written notice to CITY of any change of address.

SECTION 21. CONFLICT OF INTEREST.

21.2. CONSULTANT further c ovenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.

SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.

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SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with t he CITY’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY 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 C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT , at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.

SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .

CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 Docusign Envelope ID: CABC24D0-2293-4C45-9258-87A7F1085186 Item 13
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SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code , as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This S ection shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.

SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.

26.1. This Project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulations.

CONSULTANT is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California De partment of Industrial Relations (“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq. ), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.) , as amended from time to time. CONSULTANT shall comply with the requirements of Exhibit E , entitled “ DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repair or ma intenance, including but not limited to the obligations to register with, and furnish certified payroll records directly to, DIR.

SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS” . For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.

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SECTION 28. CONFIDENTIAL INFORMATION.

28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold C onfidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.

CONSULTANT will maintain reasonable and appropriate adminis trative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.

28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code S ection 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.

28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the Docusign Envelope ID: CABC24D0-2293-4C45-9258-87A7F1085186 Item 13
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terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.

SECTION 29. MISCELLANEOUS PROVISIONS.

29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.

29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.

29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.

29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.

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PUBLIC WORKS PROJECTS

THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.

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CONTRACT NO. C25193590B SIGNATURE PAGE

IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.

CITY OF PALO ALTO

____________________________
City Manager

APPROVED AS TO FORM:

__________________________
City Attorney or designee

CMI CONTRACTORS, INC.

By:_________________________________

Name:_______________________________

Title: _______________________________

By:_________________________________

Name:_______________________________

Title: _______________________________

Docusign Envelope ID: CABC24D0-2293-4C45-9258-87A7F1085186 Gail Lenz
CFO
CEO
Roger Lenz
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EXHIBIT A

SCOPE OF SERVICES

A. Governing Construction General Standards:

Standards and references listed below shall be applicable to Task Orders I, II, and III;

Electric/Fiber Optic:

The Field Inspection & Construction Project Manager shall perform services in accordance with the most recent City of Palo Alto Utilities (CPAU) Electric Construction Standards manual; CPAU Electric Service Requirements manual; CPAU Safety Rules manual; CPAU plans, Permits and other documents governing the construction of the project; California Public Utilities Commission (CPUC) General Orders 95, 128 & 165, rules for construction and maintenance of overhead and underground electric supply and communication systems ; and pollution prevention practices outlined in Stormwater Pollution Prevention Plan (SWPPP).

B. Governing Qualifications:

The standards and references listed below shall be applicable to Services described in Sections I, II, and III below.

Personnel qualifications and staffing levels for City projects shall be subject to the approval of the City’s specific Project Engineer assigned , and as set forth in a Task Order for the specific utility project. It is expected the Consultant provide appropriately experienced personnel corresponding to the utility project inspection request. The City’s Project Engineer shall reserve the right to review the resume and interview any new proposed consultant personnel for City projects. References of prior inspection experience shall be available for all Consultant staff and may be requested by City at any time during the Contract.

Electric/Fiber Optic:

The Consultant Electrical/Fiber Optic Field Inspector assigned to work on CPAU’s Projects shall have a minimum of 10 years’ experience working for an Investor-Owned Electric Utility and/or a Municipal Public Utility in the areas of overhead and underground construction, Docusign Envelope ID: CABC24D0-2293-4C45-9258-87A7F1085186 Item 13
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maintenance, and inspection with a working knowledge of CPUC General Orders 95, 128, & 168. The Field Inspector shall have the ability to make sound decisions, to communicate with others, and to assimilate and understand information in a manner consistent with the essential job functions. The Consultant’s personnel shall maintain the physical condition appropriate to the performance of the assigned duties which may include walking or standing for extended periods of time.

Additionally, Consultant Construction Managers must possess a B.S. in Construction Management, Electrical Engineering, or another relevant field.

I. CO NSULTANT TO PROVIDE CONSTRUCTION FIELD INSPECTION:

A. Construction Inspection Services Overview

Consultant shall provide professional services for field inspection of City’s capital improvement projects and/or private development projects. Projects will involve overhead/underground electrical, and fiber optic utilities. Examples of general duties:
oversight of utility infrastructure installation by various methods per design drawings, specifications, and utility standards; construction management; project or schedule coordination; compliance to safety requirements and approved traffic control plans; communication with City staff, contractor, customers, and the public; preparation of record drawings, construction daily reports, and other pertinent documents; etc. The consultant shall furnish personnel with a strong background and experience (with the a ssigned utility) in electric and fiber optic construction practices and standards.

B. General Work Description

The Consultant Field Inspector shall inspect new overhead and underground utility installations, alterations, and repairs to ensure compliance with plans, specifications, standards, and codes.

The Field Inspector’s responsibilities may include, but are not limited to the following:

1. Performs duties described in CPAU Inspector Checklist.

2. Maintains a daily log of construction project activity, incidents, tracks job status.

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Manager.

4. Ensures that all applicable utility rules, codes and safety regulations are complied with.

5. Ensures all material used and facilities constructed are in accordance with approved submittals, applicable plans, specifications, and CPAU Utility Standards.

6. Notifies contractors and the City’s project Engineer/Construction Project Engineer of non- compliance with the contract plans, specifications, and CPAU Utility Standards in a timely manner.

7. Reports and documents safety, compliance infractions, and unsafe work procedures.

8. Prepares inspection documentation for the development of progress payments for the project construction contractor.

9. Assists in preparing punch lists of uncompleted work, non -conformance reports, and deficiency notices.

10. Certifies as to the acceptability of each project upon its completion.

11. Conducts and generates agenda minutes of weekly field meetings.

12. Documents installed work on the as-built/record drawings daily (this may include the use of GPS equipment for data acquisition) and submits documentation as requested.

13. Documents project status with photographs and keeps project folders updated.

14. The consultant shall conduct Site Safety Inspections and work with the construction contractor at the start of projects on an “as-needed” basis.

15. Acts as the liaison between City staff, construction contractor, utility customers, and the public.

16. Coordinates the schedule between the construction contractor and Operations staff if needed.

17. Complete appropriate City required training/certification.

18. Quantify and confirm the good condition of materials provided by City from MSC/warehouse.

19. Enforce applicable permit requirements to the project construction contractor.

C. Documentation & Deliverables

Any safety violations and inspection infractions found are to be communicated to the City and construction contractor in real-time as they are discovered.

Docusign Envelope ID: CABC24D0-2293-4C45-9258-87A7F1085186 Item 13
Attachment B - Contract
with CMI Contractors,
Inc.; Contract
C25193590B

Item 13: Staff Report
Pg.
53 Packet Pg. 454 of 660

Exhibit: Claims for PCC Section 9204 Public Works Projects Rev. Dec. 15,2020

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II. CONSULTANT TO PROVIDE CONSTRUCTION MANAGEMENT:

A. Construction Management Overview

Consultant shall provide professional services for construction management of the City’s capital improvement projects and/or private development projects. Projects will involve overhead/underground electrical and fiber optic utilities. Examples of general duties:
• Construction management of utility infrastructure installation by various methods per design drawings, specifications, and utility standards; • Communication with City staff, construction contractor, customers, and the public; • Prepare and lead online/field weekly construction meetings; • Track, plan, and coordinate construction or project schedule with City staff and City’s Project Manager; preparation and processing of field orders, change orders, request for information, permits, invoices, etc.;
• Review, check, and process approval of Contractor submittals; • Review and check Contractor -submitted construction GPS points and sewer lateral video inspections;
The consultant shall furnish personnel with a strong background and experience (with the assigned utility) in electric and fiber optic construction practices and standards.

Construction management services will be provided on an “as requested” basis. It is expected that the consultant construction manager(s) will be responsible for successfully completing a background check (Live Scan) within 5 business days from the request for services. Upon successful completion of the background check, it is expected the construction project manager(s) will be av ailable on -site in Palo Alto within 48 hours of the after successful completion of a background check. Construction management services will be required during regular working hours Monday through Friday between 8am-6pm; however, work may be needed night and/or day, on weekends, holidays and/or on a split shift basis. Workweeks may be more than or less than the standard 40 -hour work week. The work schedule will be specified at the beginning of each City project and documented in each Task Order (Exhibit A-1).

B. General Work Description

The Construction Project Manager shall manage new underground utility installations, alterations, and repairs to ensure compliance with plans, specifications, standards, and codes.

The Construction Project Manager’s responsibilities may include, but are not limited to the following duties:

2. Coordinate with City internal divisions (ex. City Public Works for street paving and painting requirements, City Traffic Engineer for review and approval of traffic plans).

3. Manage, coordinate, and complete permits and enforce permitting requirements from Docusign Envelope ID: CABC24D0-2293-4C45-9258-87A7F1085186 Item 13
Attachment B - Contract
with CMI Contractors,
Inc.; Contract
C25193590B

Item 13: Staff Report
Pg.
54 Packet Pg. 455 of 660

Exhibit: Claims for PCC Section 9204 Public Works Projects Rev. Dec. 15,2020

Page 19 of 32 ends

other City of Palo Alto Departments and external agencies. Review, quantify, and coordinate release of materials provided by the City from MSC/warehouse for the project.