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HomeMy WebLinkAbout1997-09-22 City Council (19)City of Pal. Alto City Manager’s Report 5 TO:HONORABLE CITY COUNCIL FROM: AGENDA DATE: CITY MANAGER SEPTEMBER 22, 1997 DEPARTMENT:PUBLIC WORKS CMR:390:97 SUBJECT:AWARD OF CONSTRUCTION CONTRACT TO MCGUIRE AND HESTER AND AMENDMENT NO. 1 TO CONSULTANT CONTRACT WITH CH2M triLL, INC. FOR BARRON PARK STORM DRAIN IMPROVEMENT PROJECT, CIP 47712 This report requests that Council award a contract to McGuire and Hester in the am.urn of $1,429,811 for construction of the Barron Park Storm Drain Improvement Project and approve Amendment No. 1 to Consultant Contract No. C7090020 with CH2M Hill, Inc. in the amount of $50,371 for construction stage services during .the project. Staff recommends that Council: Approve the proposed mitigated negative declaration prepared for the project, finding that the project will have no significant environmental effect for purposes of the California Environmental Quality Act. Approve and authorize the Mayor to execute the attached contract (Attaclmaent C) with McGuire and Hester, in the amount of $1,429,811, for the Barron Park Storm Drain Improvement Project. Authorize the City Manager or her designee to negotiate and execute one or more change orders to the contract with McGuire and Hester for related, additional but. unforeseen work which may develop during ,the project, the total value of which change orders shall not exceed $143,000. Approve and authorize the Mayor to execute Amendment No. 1 to Consultant Contract No. C7090020 with CH2M Hill, Inc. (Attachment D), in the amount of $50,371, for construction stage services on the Barron Park Storm Drain Improvement Project. CMR:390:97 Page 1 of 4 Increase the City Manager’s or her designee’s authority to negotiate and execute one or ’more change orders to the contract with CH2M Hill, Inc. for related, additional but unforeseen work which may develop during the project, the total value of which change orders shall not exceed $43,500. This represents an increase of $5,000 in staff’s authority, from $38,500 to $43,500 for all change orders. The award of this contract is consistent with existing City policies. EXECUTIVE SUMMARY Project Description The work to be performed under this contract consists of storm drainage improvements in the Barron Park neighborhood. The various improvements fall into one of three categories: capacity upgrades, system rehabilitation, and elimination of chronic ponding areas. The new storm drain systems along Orme Street, Whitsell Avenue, Kendall Avenue, La Donna Street, and Barron Avenue will provide improved drainage to the neighborhood, as recommended in the 1993 Storm Drain Master Plan. The project also includes the replacement of existing storm drain pipelines,, catch basins, and manholes that are in poor condition, as identified in the 1993 Storm Drain Condition Assessment Report. The final project component consists of minor drainage improvements to correct chronic ponding areas, as identified by City maintenance staff and resident complaints. The project includes installation of new storm drain pipelines, catch basins, manholes, valley gutters, and two new creek outfalls. Valley gutters, rather than standard vertical curb and gutter, will be installed along the edge of several streets to convey storm runoff to catch basins. The gutters will be constructed in conformance With the Barron Park Drainage and Street Design Guidelines, prepared in cooperation with neighborhood residents and adopted by Council in 1993. Staff heli:l a public meeting on February 12, 1997 to present .the proposed drainage improvements to neighborhood residents and to solicit comments on the plan. Staff will coordinate with the Barron Park Association during construction to keep residents informed about project status and to ensure that any neighborhood concerns are addressed. A notice inviting fo~aal bids for the Barton Park Storm Drain Improvement Project was sent on August 1, 1997, to 18 builders’ exchanges and 16 contractors. The bidding period was 33 days to allow sufficient time for contractors to prepare their bids. Bids were received from 10 qualified contractors on September 3, 1997, as listed on the attached bid summary (Attachment B). Bids ranged from a high of $1,901,375 to a low bid of $1,429,811. CNIR:390:97 Page :2 of 4 Staff has reviewed all bids submitted and recommends that the bid of $1,429,811 submitted by McGuire and Hester be accepted and that McGuire and Hester be declared the lowest responsible bidder. The bid is 25 percent below the engineer’s estimate of $1,910,786. The change order amount of $143,000, which equals 10 percent of the total contract, is requested in order to cover the cost of project changes resulting from unforeseen conditions, such as underground utilities and other obstructions that are not shown on the City’s record drawings. Staff checked references supplied by the contractor for previous work performed by McGuire and Hester and found no significant complaints. Staff also checked with the Contractor’s State License Board and found that the contractor has an active license on file. In October 1996, Council awarded a comultant contract to CH2M Hill, Inc. in the amount of $385,835 for the.design of storm drain improvements in Barron Park and a separate storm drain system rehabilitation project (CMR:428:96). The contract included provisions for comtruction stage services, but the detailed scope and cost of these services were not negotiated as part of the initial agreement, because the exact scope of the construction projects had not yet been def’med. The attached Amendment No. 1 to the comultant contract with CH2M Hill, Inc. in the amount of $50,371 covers construction stageservices for the Barron Park Storm Drain Improvement Project. The consultant will assist staff by providing technical civil engineering expertise throughout the 6-month duration of the comtruction project. Services to be provided include review of contractor submittals~’ attendance at pre- comtruction and weekly project meetings with the contractor, assistance with clarifications and change orders during construction, and preparation Of record drawings. Funds for this project are included in the Storm Drainage Collection System Improvements CIP. The project will have no significant environmental effect for purposes of the California Environmental Quality Act, as shown in the proposed mitigated negative declaration prepared for the projectand attached to this report as Attachment A. Attachment A - Mitigated Negative Declaration Attachment B - Bid Summary Attachment C - Contract Pages CMR:390:97 Page 3 of 4 Attachment D - Amendment to Agreement PREPARED BY: Joe Teresi, Senior Engineer DEPARTMENT HEAD REVIEW: GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: EIV~Y’HARRI$ON Assistant City Manager CMR:390:97 Page 4 of 4 CITY OF PALO ALTO ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Barton Park Storm Drain Improve,rnents 2. Lead Aqency Name and Address:City of Palo Alto Public Works Department 250 Hamilton Avenue Palo Alto, CA 94301 3. Contact Person and Phone Number:Joe Teresi, Project Manager City of Palo Alto (415) 329-2129 4. ~ect LocatiOn: .Barron Park Neighborhood in Palo Alto 5. Application Number(s): Not Applicable 6. Project Sponsor’s Name and Address: Department of Public Works (See Address Above) 7.General Plan Desiqnations: There are a variety of general plan designations in the vicinity of the proposed storm drain improvementS. Single-Family Residential, Commercial- Service, Commercial Neighborhood, Multiple-Fa.mily Residential, School District Lands, and Public Parks. 8.Zoning: There are a variety of zoning designations in the vicinity of the proposed storm drain improvements. These designations include: R-l, CS, CN, RM-15, RM-30, RM-40, and PF. 9. Description of the Project: The projects evaluated in this Initial Study (IS) are storm drain improvements to the Barron Park neighborhood in Palo Alto. The Barron Park neighborhood was formerly under Santa Clara County jurisdiction and was annexed into the City of Palo Alto in 1975. The neighborhood retains a unique rustic character due to the absence of formal curb, gutter, and sidewalk. A Storm Drain Master Plan was prepared for the City of Pato Alto in 1993. The Master Plan identified the Barron Park neighborhood as one that would receive significant benefits from storm drain improvements. Two new storm drain systems were proposed in the Barron Park neighborhood: Orme Street System and La Donna System. These projects are evaluated in this IS. The proposed La Donna storm drain system, will 0utfall into Matadero Creek at Whitsell Avenue and be constructed by traditional open cut methods along Whitsell Avenue, Kendall Avenue, Barron Avenue, and La Donna Street. T.he existing storm drain system located along Barton Avenue and Whitsell Avenue drains approximately 60 acres of residential area 1 CITY OF PALO ALTO ENVIRONMENTAL CHECKLIST FORM into Matadero Creek. Under.the current condition, in a ten-year storm event, it is projected that residents along Barron Avenue will experience flooding for up to 2 1/2 hours under current conditions. The proposed storm drain system includes approximately 2,400 feet of 30-inch pipe along Whitsell Avenue, Kendall Avenue, Barron Avenue, and La Donna Street. The new 30-inch pipe will outfall into Matadero Creek above the Santa Clara Valley Water District (SCVWD) concrete access ramp and through the existing sacked concrete slope protection. The invert of the outfall is.above the ten-year water surface elevation. The proposed improvements along Orme Street will collect flows along Orme Street and intercept flow from an existing storm drain on Georgia Avenue. The pipe will be installed by traditional open cut methods. This new trunk line will be connected to an existing 60-inch storm drain pipe that contains Barron Creek near the intersection of Orme Street and Los Robles Avenue. The existing storm drain system along Amaranta Avenue drains approximately 67"acres of residential area into Barren Creek. Under current conditions, in a ten-year storm event, it is projected that residents near Juana Briones School will experience flooding for up to 3 hours. The proposed storm drain system includes approximately 1,200 feet of 30-inch pipe along Orme Street. The new 30-inch pipe will connect to the existing 60- inch concrete pipe in a concrete junction structure. In addition to the two new storm drain systems, the project includes rehabilitation of e~isting deteriorated storm drain pipes and correction of chronic ponding areas in the Barron Park neighborhood. Areas to be rehabilitated incledek pipelines along Barron Avenue, La Para Avenue, Maybell Avenue, and Laguna Avenue. There are also several areas where severe ponding occurs near intersections, and there is no underground system to collect the water. A combination of valley gutters and/or new inlets will be installed to, help alleviate this chronic ponding at Laguna Way, Manzana Lane, Rincon Circle, Josina Avenue, and La Calle Avenue. 10.Surroundinq Land Uses and Settin,q: The Barron Park neighborhood is located between El Camino Real, Arastradero Road, the Bol Park bicycle path, and Matadero Creek. The neighborhood has a rural character and consists primarily of older residential homes and two elementary schools. The streets do not have defined edges of roadway, sidewalk or vertical curb and gutter in most locations. The uneven pavement surface and lack of gutters result in localized chronic ponding in the neighborhood. This ponding occurs after relatively heavy rainfalls. A limited number of storm drain systems exist within the neighborhood and several are undersized or in a deteriorated condition requiring replacement or upgrading. 11.Other public aqencies whose approval is required (e.,q. permits, financing approval, or participation agreement). The proposed outfall discharge into Matadero Creek at Whitsell Avenue is outside of the U.S. Army Corps of Engineers (Corps) jurisdiction because the discharge point is above the ordinary high water mark (OHWM), and no fill or activities are proposed below the OHWM or CITY OF PALO ALTO ENVIRONMENTAL CHECKLIST FORM within jurisdictional waters of the U.S. (including wetlands). The outfalls into Matadero and Barron Creeks are being coordinated with the Santa Clara Valley Water District. In addition, notification of this project has been made to the fol!owing agencies: California Department of Fish and Game, U.S. Fish and Wildlife Service; State Historic Preservation Office, and NOAA- National Marine Fisheries Service. Potential permits include: ¯SCVWD Encroachment Permit ¯CDF&G Streambed Alteration Permit 3 Palo Alto and Mountain View, CAQuadrangles 7.5-Minute Series Scale :24000 Figure 1 PROJECT VICINITY Not To,ScalE La Donna St Gorbel Ave FLOWS INTO A 60"CULVERT Thaln Ct Pena Ct Juana Co~lombe DrBrfonesSchool Cherty Oaks PI LEGEND Henry M. GunnHighschoo~ New Storm Drain Trunk Line Pipeline To Be Rehabilitated Valley Gutter FIGURE 2 PROJECT LOCATION CITY OF PALO ALTO BARRON PARK STORM SEWER REHABILITATION CITY OF PALO ALTO ENVIRONMENTAL CHECKLIST FORM ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, as indicated by the checklist on the following pages. Land Use and Planning Population and Housing Geological Problems Water Air Quality Transportation and. Circulation Biological Resources Energy and Mineral Resources Hazards Noise Public Services Utilities and Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance 4 CITY OF PALO ALTO ENVIRONMENTAL CHECKLIST FORM DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will.not be a significant effect in this case because the mitigation measures described on an attached sheets have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legalstandards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant .effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (1) have been analyzed in an earlier EIR pursuant to applicable standards and (2) have been avoided or mitigated pursuant to that earlier EIR, including.revisions or mitigation measures that are imposed upon the propose_~d project. Project Planner Director of Planning & Community Environment Date CITY OF PALO ALTO ENVIRONMENTAL CHECKLIST FORM EVALUATION OF ENVIRONMENTAL IMPACTS: 1)A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the pardntheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one. involved (e. g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e. g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2)All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3)"Potentially Significant Impact’ is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4)"Potentially Significant. Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly .explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross- referenced). 5)Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist. 6)Lead agencies are encoUraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page’or pages where the statement is substantiated. A source ’~ist should be attached, and other sources used or individuals contacted should be cited in the discussion. 7) This is only a suggested form, and lead agencies are free to use different ones. 6 Issues and Supporting Informa,,on Sources Sources Potenti,., .~ Significant Issues Potenbally Significant Unless Mitigation Incorporated Less Than Significant Impact 1. LAND USE AND PLANNING. Would the proposal: a)Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? d) Affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? 1 1 1 2.POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official .regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or major infrastructure)? c) Displace existing housing, especially affordable housing? GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential im ~acts involving: a) b) c) d) e) Fault rupture? Seismic ground shaking? Seismic ground failure, including liquefaction? Seiche, tsunami, or volcanic hazard? Landslides or mudflows? Erosion, changes in topography or unstable soil 1,5 1,5 1,5 1,5 1,5 1,5.condiiions from excavation, grading or fill? g) h) i) Subsidence of the land? Expansive soils? Unique geologic or physical features? 1,5 1,5 1,5 4.WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Issues and Supporting Informat~,.,n Sources Sources Potentialb-Significant Issues Potentially Significant Unless Mitigation Incorporated Significant IN’pact Impact b)Exposure of people or property to water related 1 ~ hazards such as flooding? 1 ~c)Discharge into surface waters or other alteration of surface water quality, including but not limited to temperature, dissolved oxygen, turbidity or other typical storm water pollutants (e.g. sediment and debris from construction, hydrocarbons and metals from vehicle use, nutrients and pesticides from landscape maintenance? d) Changes in the amount of surface water in any water body or wetland? e) Changes in currents, or the course or direction of water movements, in marine or freshwater, or wetlands? f) Change in the quantity of ground waters,’ either through direct additions or withdrawals, or through intemeption of an aquifer by cuts or excavations or through substantial !oss of groundwater recharge capability? g)Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality through infiltration of reclaimed water or storm water runoff that has contacted pollutants from urban or industrial activities? i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? J)Alteration’ of wetlands in any way? 1 1 5.AIR QUALITY. Would the proposal: a)Violate any air quality standard or contribute to an 1 existing or projected air quality violation? b)Expose sensitive receptors to pollutants?1 c)Alter air movement, moisture, or temperature, or 1cause any change in climate? " d).Create objectionable odors?1 6.TRANSPORTATION/CIRCULATION. Would the proposal result a)Increased vehicle trips or traffic congestion?1 b) Hazards to safety from design features (e.g. sharp 1,3 curves or dangerous intersections) or incompatible uses (e.g. farm equipment))? c)Inadequate emergency access or access to. nearby 1,3uses? d)Insufficient parking capacity on-site or off-site?1,3 Issues and Supporting Informa.on Sources Sources Potentia.j Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact e)Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) 7. a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals or birds)? b)Locally designated species (e.g. heritage trees)? c)Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? 1 Rail, waterborne or air traffic impacts?1 BIOLOGICAL RESOURCES. Would the proposal result reduction or interference in.’ 1 ~ 1 d)Wetland habitat (e.g. marsh, riparian and vernal pool?1 e)Wildlife dispersal or migration corridors?1 8.ENERGY AND MINERAL RESOURCES. Would the proposal: a)Conflict with adopted energy conservation plans?1 b) Use non-renewable resources in a wasteful and 1 inefficient manner? c) Result in the loss of availability of a known mineral 1 resource that would be of future value to the region and the residents of the State? 9.HAZARDS, Would the proposal involve: a) A risk of accidental explosion or release of hazardous 1 substances (including, but not limited to: oil, pesticides, ~ chemicals .or radiation)? b) Possible interference with an emergency response 1 plan or.emergency evacuation plan? c)The creation of any health hazard or potential health 1 hazard? d) Exposure of people to existing soumes of potential 1 health hazards? e) Increased fire hazard in areas with flammable brush, 1 grass of trees? 10. NOISE. Would the proposal result in: a)Increase in existing noise levels? I1 9 Issues and Supporting Informa,,~ Sources Sources Potential,.; Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: Fire protection? Police protection? Schools? Maintenance of public facilities, including roads or a) b) c) d) storm drain facilities? e) Other governmental services? 1 1 1 12.UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a)Power or natural gas? b)Communications systems? c) Local or regional water treatment or distribution facilities? d) e) f) g) Sewer or septic tanks? Storm water drainage or storm water quality control? Solid waste disposal? Local or regional water supplies? 1 1 1 13. AESTHETICS. Would the proposal: a) b) c) Affect a scenic vista or scenic highwaY? Have a demonstrable negative aesthetic effect? Create light or glare? 1 1 1 14. CULTURAL RESOURCES. Would the proposal: a)Disturb paleontological resoumes? b)Disturb amhaeological resources? c)Affect historical resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area? 1 1 1 1 ]0 Issues and Supporting Inform,...,on Sources Sources Poten Significar~t Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact jNo Impact 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b)Affect existing recreational opportunities? 16.MANDATORY FINDINGS OF SIGNIFICANCE. l a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?. b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individuallylimited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects ofa project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, eitherdirectly or indirectly? ]] 17. 1 2 4. SOURCE/REFERENCES Palo Alto Comprehensive Plan, 1980-1995. Barron Park Drainage and Street Design Guidelines, February 1993, prepared for the City of Palo Alto by CH2M HILL. ’ Fax conversation with Carolyn Bissett (City of Palo Alto) regarding zoning, on April 10, 1997. Draft Geotechnical Exploration for Barren Park Storm Drain Improvements Project, Apd11997, prepared for the City of Palo Alto by CH2M HILL. 18.EXPLANATIONS FOR CHECKLIST RESPONSES la,lc 3a, 3b 4a 4b 4c 4d, 4e 5b 6a This project is an underground storm drain improvement project and will. not change the land use designation, nor will it conflict with current zoning. Northem California, particularly the San Francisco Bay Area, is recognized as one of the most seismically active regions in the United States. The significant earthquakes that occur in the area are generally associated with crustal movements along well-defined, active faults. The project area is located in a strong seismic risk area, subject to strong ground shaking in the event of an earthquake. However, this project is an underground storm drain improvement project and will not subject people to additional danger beyond those that presentlyexist. Mitigation: Follow the Geotechnical Report Recommendations during design and construction The project will rehabilitate existing and add new storm drain pipes to address flooding issues in the project area. Currently, certain parts of the project area experience ch~:onic ponding due to lack of proper drainage. Excess water from rainfall sheetflows along streets towards the creeks, but frequently ponds in low-lying areas. This project will create valley gutters to transport this water to an underground storm drain system, and provide a beneficial impact that improves the existing condition (see Figure 3). The project will reduce chronic ponding in certain areas and allow the water to reach the creeks faster through a designed system of gutters and storm drains. The project goalis to reduce "flooding" or chronic ponding areas within Barron Park, thereby reducing an impact that already exists. The potential for nonpoint sources of pollution into the creek could occur both during and after construction. These sources may include oil and sediment from contractor operation. Mitigation: The project is collecting stormwater runoff into an underground system and outfall to the creek, rather than flow overland (where there is greater potential for nonpoint sources of pollution). Water quality features for inlets are being evaluated and will be incorporated into the project. The contract documents include specifications for the contractor to follow to prevent pollutants from entering the surface waters during construction. The specifications are based on Best Management Practices developed by the Santa Clara Valley Water District. In addition, the City of Palo Alto has undertaken a significant effort in the Barron Park neighborhood to educate residents to reduce the potential from contamination from nonpoint sources. The education campaign includes outreach, preparing articles for the Barron Park newsletter, and stencilin~ inlets to the storm drain system. The total impervious area drained by the storm drain system will not be increased as a result of this project. The valley gutter will be installed at the existing edge of pavement (see Figure 3). Therefore, no additional runoff is expected to occur as a result of this project. The stormwater runoff will be concer~trated in an underground system and outfall to the creeks rather than flow overland. Although the proposed improvements may change the rate that the collected water, reaches .the outfall, the project would r~ot increase the volume of water draining to Matadero and Barron Creeks. An increase in dust and emissions from heavy machinery is expected during project construction. This could create an impact to nearby residents. Mitigation: Use of properly maintained and tuned construction equipment, minimizing equipment engine idling, conducting regular street cleaning, and maintaining appropriate moisture levels in backfill materials will reduce construction-related dust impacts. The Barron Park area is primarily a residential community and does not typically experience large volumes of traffic through the area. There will be an increase in truck traffic in the neighborhood during construction hours. Trucks will enter and exitthe construction areas for matedal delivery and off-haul of trench spoils. Construction. will likely take place one block at a time. As a result temporary street closures may result during working hours. Access to those streets will be provided each evening. This will reduce short-term traffic disruption impacts related to construction. Mitigation: The contractor will be required, to prepare and implement a traffic control plan for construction activities that have the potential to disrupt traffic flow or affect access to neighboring properties, and to identify appropriate travel routes for trucks. This traffic control plan will need to be approved by the transportation division of the City of Palo Alto. 6c 6d 6e 7a Project construction will occur on one block at a time, and streets may be closed during working hours; access for emergency vehicles will be maintained at all times. Mitigation: The contractor will be required to prepare and implement a traffic control plan for construction activitie~ that have the potential to disrupt traffic flow or affect neighboring properties, and to identify appropriate travel routes for trucks. There would be short-term impacts on parking availability on streets with construction activity. Driveway access may be restricted during working hours. Mitigation: The contractor will be required to prepare and implement a traffic control plan for construction activities that have the potential to disrupt traffic flow or affect neighboring properties, and to identify appropriate travel routes for trucks. Contractor will be responsible for notifying the public of the construction schedule for each street. Full access to properties will be provided at the end of each working day. Construction activities have the potential to affect bicycle and pedestrian movement in the construction zones. The traffic control plan identified in Item 6a above will include measures to protect bicyclists and pedestrians from construction activities and traffic. The proposed project is located in an established residential neighborhood within the City of Palo Alto. Both Matadero and Barron Creeks have already been significantly modified to accommodate the urban setting in which they are located. A substantial portion of the banks along Matadero Creek near the proposed outfall have been protected by sacked concrete slope stabilization. Several hundred feet downstream from the location of the proposed outfall, Matadero Creek is conveyed underground to the east side of El Camino Real where it daylights into the concrete" Matadero Creek Channel. Barron Creek is conveyed within an underground pipeline beginning a short distance upstream of the proposed storm drain tie-in and continuing to the east side of El Camino Real. This pipeline also daylights into a concrete lined channel that conveys the water into San Francisco Bay. Given the highly developed naiure of the project area, the potential for the presence of special status species or critical habitats within the project area is not considered to be high. However, since this potential cannot be discounted, the relevant resource agencies (California Department of Fish and Game, U.S. Fish and Wildlife Service; State Historic Preservation Office, and NOAA- National Marine Fisheries Service) have been notified of the location of this project and the proposed activities. Information has been provided to allow reference to their databases to assess the potential for special .status. species or critical habitats. The proposed outfall into Matadero Creek at Whitsell A~enue is outside of the U.S. Army Corps of Engineers (Corps) jurisdiction because the discharge point is above the ordinary high water mark (OHWM), and no fill or activities are proposed below the OHWM or within jurisdictional waters of the U.S. (including wetlands). The Orme Street system will outfall to Barr0n Creek in a concrete junction str’~cture. Barron Creek is currently conveyed through a 60-inch culvert at the location of the junction structure. There is no riparian corridor and no excavation of the Barron Creek channel at this location; therefore it does not fall under the jurisdiction of. the U.S. Army Corps of Engineers. Natural vegetation occurs along Matadero Creek on .the opposite side of the creek from wl~ere theoutfall is proposed. The tree layer consists primarily of an imported tree, black acacia (Acacia melanoxy/on). The shrub layer is dominated by California buckeye (Aesculus califomica). The herbaceous layer is characterized by fennel (Foeniculum vulgate), soft chess (Bromus tool/is), and other non-native grasses. This vegetation will not be disturbed by the proposed project. Mitigation: Construction at Matadem Creek will be staged from the top of bank and the SCVWD concrete access ramp. No construction activities will occur in the low flow channel of Matadero Creek. The ouffall is being installed per SCVWD standards to reduce potential for debris collection and animals nesting in the pipe. The velocity of water from the ouffall is low and no erosion impacts are expected in the opposite bank of Matadero Creek. Contractor will be required to implement Best Management Practices to restrict pollutants from entering storm , drains and creeks during construction. 7b 9a 10a, 10b 11c 11d 12e There is a 30-inch diameter Coast Live Oak (Quercus Agrifolia) on the Juana Briones Elementary School site tha’ is located along the originally proposed pipeline route. Due to the size of this tree, and its status as a heritage tree, removal of the tree is not an option with the proposed project. Mitigation: The City has modified the proposed storm drain improvements to avoid impacts to the tree. The 1,400’ of storm improvements would have diverted 17.5 cfs of stormwater from the Arastradero system to the existing 60" culvert along Los Robles Avenue. This diversion of 17.5 cfs was not desirable by the Santa Clara Valley Water District, who currently built an expensive diversion structure to remove stormwater from Barron Creek to provide flood protection for the neighborhood. An existing electrical duct bank in Arastradero Street is also preventing adequate cover for the proposed pipe. The proposed alignment would also require an easement from Juana Briones school Alternate alignments of the 1,400’ of storm drain were not found to be feasible. Based on field data collected, the location of existing utilities, property impacts, heritage tree impact and coordination required with the other agencies, the project has been reduced in scope, and 1,400 feet of storm drain improvements have been eliminated from the project. The impact of not diverting the water will be that future planned improvements along Arastradero may have to be slightly larger in diameter. No additional flooding is anticipated as a result of this change. Chemicals such as gasoline, diesel, fuels,, lubricating oils and greases may be used during c~nstruction activities. An accidental spill of any of these substances could occur during project construction. Mitigation: Contractor will comply with handling and storage standards governed by Califomia Occupational Safety & Health’Administration (CAL./OSHA). Contractor will be responsible for following Best Management Practices during construction. The project will not interfere with an emergency response or evacuation plan. However, because some construction will occur within City rights-of-way, some traffic obstruction, including emergency vehicle travel, would be affected. Emergency vehicle access will be maintained at all times. Mitigation: The contractor will be required to prepare, submit, and comply with a traffic control plan. City comm~/nications will be notified on a weekly basis of any temporary street closures. Full access will be restored after working hours. The project will result in increased noise levels durir~g construction. Sensitive receptors to noise include traditionally quiet facilities such as residences, schools, and parks. Residents along the project route would be subject to temporary increased noise levels. Construction activities associated with the proposed project would include construction equipment for pavement work and pipe installation. T.rucks hauling materials would also create noise. .. Mitigation: Contractor will comply with the City ordinance regarding noise, and follow designated times for construction activities. Construction will be limited to daytime hours on weekdaysonly. Construction near the school will occur during summer months, when school is not in session. The project includes the installation of a storm drain adjacent to Juana Briones Elementary School. This phase of construction will be conducted during the summer .when school is not in session. Summer school at this, school has already been scheduled to occur elsewhere to,allow for the construction phase to take place on this school site, Mitigation: Contractor will comply with the designated schedule to complete most of the construction before the 1997/I 998 school year begins. The proposed storm drain improvements will be required to be maintained by the City-of Palo Alto. This is not a Fignifica.nt impact on City services. As described in the project description, the project would add storm drain pipes and valley gutters to chronic ponding areas, and repair existing storm drains throughout the Barton Park neighborhood. Existing storm drains will not be abandoned until the project is completed. This would allow the existing storm drain to function until the new facilities are operational. 13b 14a- 14e Minor impacts to aesthetic values of the area are anticipated to be limited to the construction phase only. There will be no long term impacts from the project for the following reasons. The east bank of the Matadero Creek channel is currently protected by sacked concrete slope stabilization and has two storm drain outfalls flowing into the creek. At the completion of the project, the site will be fully restored to its current condition with the exception that a single, larger pipe will replace the two smaller pipes. Barron Creek is currently conveyed through an underground pipeline through most of the project area. All work locations will be restored to near current conditions at the completion of the construction phase. The City of Palo Alto has conducted a series of meetings ~vith Barren Park residents to develop drainage and street design guidelines. The results of this effort are documented and are the basis for the recommended improvements. To maintain the rural character of the neighborhood valley gutters were preferred to vertical curb and gutter. The concrete for the valley gutter will be tinted a darker color to blend in with the ~urroundings. The uneven, raveled, pavement surfaceswill be eliminated where valley gutter is proposed.. Where valley gutters arebeing built, roadway widths have been established with the coordination of the City of Palo Alto Transportation Division. There are no known amhaeological or historical resources in the project construction area. However, in the event that cultural resources are discovered during construction activities, all work would cease, and a qualified archaeologist would be consulted to determine the significance of the findings. 16 oo~ oo~ FORMAL CONTRACT CONTRACT No. (Public Works) SECTION 500 This Contract, number ~dated , is entered into by and between the City of Palo Alto, a chartered city and a municipal corporation of the State of California ("City") , and McGuire and Hester, a _COlifornia Comoration , ("Contractor"). ’ For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, city and Contractor ("the parties") agree: Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date .of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. This Contract may be terminated for convenience by, the City upon ten (10) days’ prior written notice. General ScoPe of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generslly " described as follows: = Title of Project: Base Bid: Add Alternates 1o4: Total Bid: Barron Park Storm Drain lmprovements, Pr~ect47712 $1,212,606 $1.429.811 Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. a.This Contract.- b.Notice Inviting Formal Bids. c.Project Specifications. d.Drawings. e.Change Orders. f.Bid. g.Supplementary Conditions.’ h.General Conditions.’ I.Standard Drawings and Specifications (1992). j.Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. k.Affirmative Action Guidelines and Compliance Report. I.Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1992). m..Any other document not expressly mentioned herein which is issued by City or entered into by the parties. CITY OF PALO ALTO: Public Works Formal Contract (FY97-98 Barton Park Storm Drain Improvements)SECTION 500-1 OF 8 FORMAL CONTRACT 4. o SECTION 500 Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Notice Inviting Formal Bids on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract. Indemnifi6ation. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, .damages, costs, expenses, .liens, penalties, suits, or judgments, ~arising, in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, ~mployees, agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter. To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council members, officers and employees from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in connection with or as a result of Contractor’s willful-acts or negligent acts or omissions under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act (42 U;S.C. §§9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. §§6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. §§2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, §§25300-25395, as amended); the Hazardous Waste Control Law-(Health & Safety Code, §§25100- 25250.25, as amended); the Safe Drinking Water and T.oxic Enforcement Act (Health & Safety Code, § §25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety. Code, § §25280-25299.7, as amended); or~ under any other local, state or federal law, statute or ordinance, or at common law. Assumotion of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, CITY OF PALO ALTO; Public W~rks Formal Contract |FY97-98 Barron Park Storm Drain Improv’~ments)SECTION 500-2 OF 8 FORMAL CONTRACT SECTION 500 excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any of its Council members, officers, employees, agents or representatives. o .~_.o.L~. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contrac~ be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the ’Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment arid hazardous materials. 10.~_g.~L~. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under, the Notice Inviting Formal Bids. 11.r i r i . In the supply of any materials and equipment and the renderir~g of labor and services during the course and scope of the Project and Work, Contractor represents and warrants: Any materials and equipment which shail be used dur.ing the course and scope of the Project and Work shall be vested in Contractor; bo Any materials and equipment whioh shall be used during the’course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required; Co Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after the reco.rdation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; d=Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deem.ed obtained by Contractor for and in behalf of City. Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, Whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and .correct at the time such information is submitted or made available to the City; Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor’s Bid, except as may be permitted by the Notice Inviting Formal Bids; CITY OF PALO ALTO: Public Works Formal Contract (FY97-98 Barton Park Storm Drain Improvements)SECTION 500-3 OF 8 FORMAl. CONTRACT SECTION 500 g.Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project Manager or any other person who has directly contributed to City’s decision to award the contract to Contractor; There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor’s ability to perform under the Contract; Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; Contractor and any person performing labor and services under this Project are duly licensed by the State.of California as required by California Business & Professions Code Section 7028, as amended; and Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. 12. 13. Assionment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or required by law, and shall be described in sufficient d~tail’to give adequate notice of the substance of the claim to City. 14. 15. ~L~t~t~L~.~. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project.-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such.hours, dur_ing~he:r~.g~ula~ ~usiness hours of City. ~_0_tJ.¢,,~. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, .requests and statements given by either party to the other shall be in writing and shall be Sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed within two (2) Bays by delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. ~ITY OF PALO ALTO: Public works Formal Contract (FY97-98 Barton Park Storm Drain I~provements)SECTION 500-4 OF 8 FORMAL CONTRACT SECTION 500 To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to:City of Palo Alto ’ Public Works Department 250 Hamilton Avenue. P.O. Box 10250 Palo Alto, CA 94303 Phone: (650) 329-2129 FAX: (650) 329-2299 To Contractor: ATTN.: Joe Teresi, Project Manager McGuire and Hester 9009 Railroad Avenue Oakland, CA 94603 Phone: (510) 632-7676 FAX: (510) 562-5209 ATTN.: M. J. Hestor 16. 17. AD=)ro_odation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter of the City of Palo Alto. Any charges hereunder’for labor, services, mat~rials and equipment may accrue only after such expenditures have been approved in advance in wdting in accordance with applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii) 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 Contract are no longer available. This Section 16 shall control in the event of a conflict with any other provision of this Contract. a.Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor. Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in wdting and shall be executed by a person having the express authority to grant such approval or consent. Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. CI~Y OF PALO ALTO: Public Works Formal Contract (FY97-98 Barton Park Storm Drain Improvements)S~CTION 500-5~F 8 FORMAL CONTRACT SECTION 500 d.,Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. eo Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract which directly results from an Act of God or an act of a superior governmental authority. Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. h=Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in writing and signed by the parties. jo Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. ko Resolution. Contractor shall submit with it~ Bid a copy of any corporate o~" partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severability. If a court of competent jurisdiction finds.or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. mo Status of Contractor. In the exercise of rights and obligations Under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and ¯ Contractor expressly waives any and all claims to such rights and benefits. Successors and Assigns. The provisions of this Contract shall inure to the benefit of, ani:l shall apply to and bind, the successors and assigns of the parties. Oo Time of the Essence..Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. CITY OF PALO ALTO: Public Works Formal Contract (FY97-98 Barton Par~( Storm Drain Improvements)SECTION 500-.6 OF 8 FORMAL CONTRACT SECTION 50~~0 p.Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Santa Clara in the City of San Jose or in the United States District Court for the Northern District of~ California in the City of San Jose. qo Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs, including reasonable attorney’s fees, incurred or expended in connection with such a~tion against the non-prevailing party. IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of Palo Alto, County of Santa Clara, State of California on the date first stated above. A’F’I’EST:CITY OF PALO ALTO By: City Clerk Its: Mayor APPROVED:.CONTRACTOR: McGuire and Hester City Manager Director of Public Works Director of Administrative Services Manager, Contract Administration (insurance review) APPROVED AS T.O FORM: By: Name: M.J. Hester Title: Chairman of the Board Taxpayer I.D. No.: 94-1077934 Senior Asst.. City Attorney CiTY OF PALO ALTO: Public Works Formal Contract (FY97-98 Barron Park Storm Drain Improvements)SECTION 500-7 OF 8 FORMAL CONTRACT SECTION 500 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , before me, for said County, personally appeared , a notary public in and personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, exeouted the instrument. WITNESS my hand and official seal. Signature (Seal) END OF SECTION CITY OF PALO ALTO: Public Works Formal Contrac~ (FY97-98 BarOn Park Storm Drain Improvements)SECTION 500-8 OF 8’ AMENDMENT NO. 1 TO CONTRACT NO. C7090020 BETWEEN THE CITY OF PALO ALTO AND CH2M HILL, INC. This Amendment No. 1 to Contract No. C7090020 ("Contract") is entered into____, 19__, by and between the CITY OF PAL0 ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and’CH2M HILL, INC., a Florida corporation, authorized to do business in California, located at 2107 N. Ist Street, Suite 210, San Jose, California, 95131-2026. RECITALS: WHEREAS, the Contract was entered into between the parties for the provision of professional engineering services for the City’s Barron Park Storm Drain Improvement Project; and WHEREAS, the parties wish to amend the Contract; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: follows: SECTION_____!.Section 5.1.1 is hereby amended ,to read as "In consideration of the full performance of the Basic Services, including authorized reimbursable expenses, CITY will pay CONSULTANT a fee not to exceed Three Hundred Ninety-One Thousand Two Hundred Six Dollars ($391,206). The amount of compensation will be calculated in accordance with the hourly rate schedule set forth in Exhibit "B", on a time and materials basis, up to the maximum amount set forth in this section." °’ .. SECTION 2. .The following exhibits to the Contract are hereby amended to read as set forth in the attachments to this Amendment, which are incorporated in full by this reference: ao Schedule." Exhibit "A" entitled "Scope of Project and Time b.~ Exhibit "B" entitled "Rate Schedule and Payment Schedule." c. Exhibit "C" entitled "Insurance." SECTION~., Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. II II II II II 970822 |~¢ 0071270 IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: CH2M HILL, INC. Its: Taxpayer I.D. No. 59-0918189 City Manager Director of-Public Works Acting Director of Administrative Services Risk Manager Attachments: EXHIBIT "A": Scope of Project and Time Schedule (Amended) EXHIBIT "B": Rate Schedule and Payment Schedule (Amended) EXHIBIT "C" : Insurance .(A!mended) 2 970822 lac 0071270 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) On. 5) %~qq , before me, the undersisned, a nota~ .publlc inL ’and for said County, personally appeared personally kno~ ~o m4 ~---~ed +~ ..~e on tha ~ of sa~is_%ac~c~, evidcn~-~e~F to be the person~ whose name~ is~a~re subscribed to the within instrument, and acknowledged to me that b~/she/t~ executed the same in ~/her/t~ authorized capacity(~ssg, and that by h~/her/th~ signature(s) on the instrument the person~, or the entity upon behalf of which the person(~ acted, executed the instrument. WITNESS my hand and official seal. 3 9708~2 |ac 0071270 EXHIBIT A: SCOPE OF PROJECT AND TIME SCHEDULE Scope of Services for Bidding Assistance and Construction Services for the Barton Park Storm Drain Improvement Project Task A.5 Project Management The CONSULTANT shall provide project management for the bidding and construction phase of the Barton Park Storm Drain Improvement Project. The project manag~n’:will be responsible for coordinating the project team, providing the resources to resolve Contractor inquiries or clarifications, monitor budgets, prepare monthly invoices, and complete project closeout. Project Coordination and Documentation CONSULTANT shall coordinate with the CITY and the CONTRACTOR during the constructio.n, phase of the project. CONSULTANT shall document changes, revisions or instructions t’o the CONTRACTOR. CONSULTANT shall prepare documentation and send copies of all written correspondence to the CITY. CONSULTANT shall inform the CITY of any adjustments to the scope or cost of the project prior to completing the work, and shall not proceed with out-of-scope items of Work until CONSULTANT receives written authorizatioh from the CITY. Monthly Project Status, Report and Invoice A brief project status report summarizing the tasks completed each month shall be prepared along with the monthly invoice. Each mor~thly invoice will show a breakdown of hours and charge rates based on a hourly rate schedule fo~" three task~: project management, bidding assistance and construction services. The budget is based on a two month duratior~ for advertising and award of contract and six months for the ~nsfruction of the project. If the project extends beyond this eight month time period, the preparation of additional monthly invoices will be considered as additional services. Project Closeout Throughout the proje’ct all correspondence and documentation will be filed in project notebooks. At the completion of the project a final invoice will be prepared and the final documents and records will be deadfiled and stored off-site appropriately for future reference. Task A.6 Bidding Assistance Bidding Assistance services Shall consist of providing engineering support .during the bidding process, providing design and drawing clarification and responding to cbntractor inquiries during the bidding process. The bidding process shall begin at the point the final construction drawings are approved by the CITY and continue until CITY awards a construction contract. The following activities are anticipated: o Respond to Contractor inquiries during the bidding process o Assist City in the preparation of addendums as necessary ¯Assist CITY staff in analyzing bids Task A.7 Construction Administration Services Construction administration services shall consist of providing engineering supp.ort for the City of Palo Alto for the Barron Park Storm Drain Project. Construction Services ’shallbegin when the CITY awards a contract and continue until the final walk through of the construction project occurs. The following activities are anticipated: ¯Attendance at pre-construction meeting, ¯Review of shop drawings and submittals, ¯Clarifica.tion of technical requirements, ¯A~sist City in review of Contractor’s change orders, o Periodic site visits, o Weekly project meetings -Preparation of final record drawings ¯Attendance at finalwalk through Attend Pre-Construction Meeting CONSULTANT shall attend one pre-construction meeting with a,duration of approximately 3 hours. The CITY will prepare materials and exhibits for the meeting, send notification of the meeting and conduct the meeting. The CONSULTANT shall be prepared to respond to Contractor’s questions. Review of Shop Drawings and Submittals CONSULTANT shall review shop drawings, contractor submittals, and test results for conformance with the contract documents. CONSULTANT shall make every effort to return reviewed submittals to the CITY within 14 calendar days. Clarification of Technical Requirements CONSULTANT shall assist the City in interpretation of the technical requirements of the contract documents. I~ necessary, CONSULTANT shall prepare supplemental sketches for ’the Contractor to clarify or modify the original contract documents. Any changes to the original contract documents shall be incorporated into the final record drawings. Assist City in review of Contractor’s Change Orders CONSULTANT shall assist CITY with the review of Contractor’s change orders. CONSULTANT shall prepare supplemental sketches as required for the change orders. The CONSULTANT will offer an opinion on reasonable costs associated with the. change orders if requested. Site Visits and Weekly Meetings CONSULTANT shall assist the City staff and prepare meeting minutes for the weekly project meetings with the Contractor. CONSULTANT anticipates the project will last approximately 6 months; therefore there will be a total of 26 weekly meetings approximately 2 hours in duration with one person in attendance. Periodic site visits shall be made to the site to observe the progress of the executed work and to determine if the work is generally proceeding in accordance with the construction documents. We anticipate there will be six periodic site visits and no meeting minutes will be required. The CONSULTANT shall notify the CITY of any obvious deficiencies noticed while in the field. This task does not include continuous on-site inspection .to check quality or quantity of the work, or any responsibility for construction methods, procedures or safety precautions. CONSULTPtNT shall not specify construction procedures, manage or supervise construction, or implement or be responsible for the health and safety procedures; shall not be responsible for acts or omissions of contractors or other parties on the Project; and shall not have control or charge of and shall not be responsible for construction means, methods, techniques, seque.nces or procedures, or for safety precautions and programs. Preparation of Final Record Drawings Based on notations of as-built features provided by the Contractor on bluelines of the ¯ project drawings, the CONSULTANT shallLprepare the final record drawings at the completion of the project. The CONSULTANT shall provide one set of specifications and drawings on three mil minimum thickness, single matte mylar with photographic fixed-line reverse printing. Final Walk Through CONSULTANT will assist the CITY by observing the status and quality of work and provide advise and assistance at the completion of the project. This final walk through is anticipated to be a four hour meeting in the field. EXHIBIT B RATE SCHEDULE AND PAYMENT SCHEDULE The attached CH2M Hill, Inc. Rate Schedule shall replace the Rate Schedule contained in Contract No. C7090020 between the City of Palo Alto and CH2M Hill, Inc. dated October 21, 1996. The attached Payment Schedule shall supplement the Payment Schedule contained in Contract No. C7090020 between the City of Palo Alto and CH2M Hill, Inc. dated October 21, 1996. The supplemental Payment Schedule covers the tasks to be performed by CH2M Hill during the construction stage of the Barron Park Storm Drain Improvement Project, in accordance with Amendment No. 1. Exhibit B August 14, 1997 Page 1 of 1 CH2M HILL 1997 Schedule of Hourly Charges EXHIBIT B Grade Rate* E7 $141.75 E6 ,132.00 E5 125.50 E4 112.50 E3 96.00 E2 80.50 E1 70.00 E0 64.00 T5 95.00 T4 77.00 T3 72.00 T2 65.50 T1 52.00 TA ""45.50 Office 56.50 ~’~hese rates wltt be used th~qugh end of construction March 27, 19~8. Rates will be subject to change after March 27,1998. s~c/JIt 37623/1998RATES.DOC EXHIBIT B EXHIB PRODUCER JOHNSON & HIGGINS OF COLORADO,INC. 1225 17TH STREET, SUITE 2100 ~-% DENVER, CO 80202-5534 ATTN. PAULA DELEON ~ 15114-00124 SFOXX SFO INSURE(;...............................................T’t.n ..... CH2M HILL, INC.E~ CERTIFICA. E OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MAT’rER OF INFORMATIC ONLY AND CONFERS NO RIGHTSUPON THE CERIIFICA- HOLDER. THIS CERTIFICATE DOESNOT AMEND, EXTENDALTER THE COVERAGE AFFORDEDElY THE POLICIESBELO’ COMPANIES AFFORDING COVERAGE ’ COMPANv A 1111 BROADWAY SUITE 1200 . OAKLAND, CA 94607-4046 COVERAGES ZURICHINSURANCE COMPANY AMERICAN GUARANTEE AND LIABILITY INSURANCE CO THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEENISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO ~LTR ~ TYPE OF INSURANCE , POLICY NUMBER I OWNER’S & CONTRAC TOM’Si-x-I =,5.ooo S,R A A B POLICY EFFECTIVE DATE (M M,’BD/YY) 0510 t/97 05101197 !POLICY EXPIRATION DATE (MM,OD/YY)LIMITS 05/01198 05/01198 GENERAL AGGREGATE ! $ PRODUCTS COMPIOP B£’~-occu’q~-~F~- ....... I =-..- FIRE DAMAGE (Any one t+to| [ $ MEO EXP (Any one person) i $ 2,000/ 2,000.( 985/ I AUTOMOnlLE LIAOILITY ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS L:’_’I NO..OWNEDAU,GS ~UMBRELLA FORM OTHER TI’L&~N UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS’ LIABIMTY THE PROPRIETOR/~ INCL PARTNERS/EXECUTIVE OFFICERS ARE:| EXCL OTHER BAPB378416 (ADS) TAP8378560 (TX) BAP8378561 (VA) MA8378562 (MA) WC8378566 WC8378565 WC8378564 (CA) 05101/9 7 05101197 0510 ! 19 7 05101197 05101/97 05/91/97 05101/97 05101198 05101198 05/01/98 05101198 05/01/98 05101198 05/01198 COMBINED SINGLE LIMI f ..........|Pot I:~fson) J FIOOILY INJURY PROPERW DAMAGE AU ~’O ONLY ¯ EA ACCIDEN r OTHER THAN AUTO ONL;f EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE X I STATUTORY,UMITS EACH ACCIDENT DISEASE - POLICY UMIT DISEASE. EACH EMPLOYEE $1.000,[ $ $ $ $ $ $ s $ s 1,000,0 1,000,0 1,000,0 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESPSPECIAL1TEMS (UMITS MAY BE SUBJECT TO RETENTIONS) ALL PROJECTS, ALL LOCATIONS. THE CITY OF PALO ALTO, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED AS THEIR INTEREST HAY APPEAR AS RESPEC AUTOMOBILE LIABILITY AND AS PER BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY. COVERAGE PROVIDED BY THE ABOVE POLICIES SHALL BE PRIMARY AND INCLUDES SEVERABILITY OF INTEREST PROVISION. CITY OF PALO ALTO ’.I SHOULD ANY OF THE ABOVE DESCRIBE~) POLICIES Be CANCELLED BEFORE THE ATTN JOE TERESI/PUBLIC WORKS I EXPIRATION DATE THEREOF, THE ISSUING, COMPANY WILL r~~MAIL 250 HAMILTON AVENUE I 30 DAYS WRITTEN NOTICE To THE CERTII~ICATE HOI.’OER NAMED TO THE LEFt, PALO ALTO CA 94301 .I ~Y~i~/’~Y~~~ AO0RD2"5-~"(3i93) ::’::;’i:::::::+’:;’:’:’:!::i)!i::!!:-.:Y.:;+; :,::.:::.:’ ~i~:::.i~.::!:~!;:~:i:;!...!).ii~:~:!+~[:~..:~::~:~!:~:;+:~:~::~‘~!+:.:~i.: :i: +;::.’: :+:::;.:". :’ :: :;:.:- -+’..’::::::’,’::Y::’ .:.+~ +.:~ ?++ :.,’.-.- :++--+ ~" ’:; : ""’+:+:+’::+:::!:ie~t~gFl~ CORPORATION 1V 02:48 GILDER INSU~NCE CORPO~TION RRO~WAY, SUITE DE~E~ ~kO~OO 802Q3 15114~10005 SFO SFO C112M HILL, INC,1111 BROADWAY SUITE 1200 OA~D, CA 94607-4045 ’! L~ COIJ, PAMY C SECURITYINSUP~NC~ CO OF HARTFORD 8PL700726 05~I~7’ IXX~L¥ ~iJUrlY 0oot.y ff’4JUI’W $ | $ $ "S 1,000,000 F~CH CLAIM ANE IN THE AGGRI~GA~ PROFESSIONAL LIABILITY~ PROJECT #: 13~333.Bi.ZZ; ~NAGER: ~NHIE EICflH~N;,OESCRIPTI~I B~RR~ P~K STR~ D~IN IH~VEMENTS A~ $T~ DRAIN SYSTEH RE~gILITAT~QH - PHASS 2. WF~ ~OFESSI~L LIABILITY ~RAGE, THE AGGAE~TE. LIHIT IS THE TOTAL IN~NCE AVAILABLE f~ CLAIflS PRESENTED WITHIN THE POLICY PER1~ F~ ALL ~E~T[~$ OF THE ]H~RED. THE LIHIT ~ILL 8E R~DUC~D BY PAYHEHTS OF ]NDEHHITT AND PUBLIC WORKS ENGINEERINGATTN JOE TERESI 250 HAMILTON AVE PALO ALTO CA 94301