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1996-07-15 City Council (9)
City of Polo Alto C ty Manager’s Report 6 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: Public Works AGENDA DATE:July 15, 1996 CMR:340:96 SUBJECT:Award of Construction Contract to D.W. Young Construction Company, Inc. and Amendment No. 2 to Consultant Contract with Brown and Caldwell for ¯ Storm Drain Pipeline Rehabilitation Project (Phase 1), CIP 47709 REQUEST This report requests that Council award a contract to D.W. Young Construction Company, Inc. in the amount of $649,914 for construction of the Storm Drain Pipeline Rehabilitation Project (Phase 1) and approve Amendment No. 2 to Consultant Contract No. C4044556 with Brown and Caldwell in the amount of $31,640 for construction stage services during the project. RECOMMENDATIONS Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with D,W. Young Construction Company, Inc., in the amount of $649,914 for the Storm Drain Pipeline Rehabilitation Project (Phase 1). Authori.ze the City Manager or her designee to negotiate and execute one or more change orders to the contract with D.W. Young Construction ’Company, Inc. for related, additional but unforeseen work which may develop during the project, the total value of which change orders shall not exceed $65,000. Approve and authorize the Mayor to execute Amendment No. 2 to Consultant Contract No, C4044556 with Brown and Caldwell, in the amount of $31,640, for construction stage services on the Storm Drain Pipeline Rehabilitation Project (Phase 1). CMR:340:96 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 Brown and Caldwell for related, additional but unforeseen work which may develop during the project, the total value of which change orders shall not exceed $93,200. This represents an increase of $3,200 in staff’s authority, from $90,000 to $93,200 for all change orders. POLICY IMPLICATIONS The award of this contract is consistent with existing policies. EXECUTIVE SUMMARY Project Description The work to be performed under the contract is the replacement of existing storm drain pipelines, catch basins, manholes, and curb and gutter that are in poor condition. The majority of the deficient items were identified in the 1993 Storm Drain Condition .Assessment, which included an inspection and assessment of the existing storm drainage system infrastructure. This project is the first phase of the $5 million "Category A" replacement/rehabilitation program recommended by staff and endorsed by Council. The work includes replacement of approximately 3,000 linear feet of storm drain pipeline, ranging from 12" to 24" in diameter, sliplining of 300 linear feet of pipeline, and the replacement .of 12 catch basins and 14 manholes. The improvements will improve the performance of the drainage system and reduce maintenance requirements. The project also incorporates the scope of work from a smaller contract maintenance project that was bid earlier in the year by the Public Works Operations Division. No bids were received for the earlier bid package due to its relatively small scope. This work consists primarily of.the replacement of curb and gutter and catch basins in locations subject to chronic ponding and debris blockages. Since this work is similar in nature to the work included in the original scope of the pipeline rehabilitation CIP, it was prudent to combine the two projects into a single bid package.. Bid Process A notice inviting formal bids for the Storm Drain Pipeline Rehabilitation Project (Phase 1) was sent on June 5, 1996 to 18 builders’ exchanges and 7 contractors. The bidding period was 27 days to allow sufficient time for contractors to prepare their bids. Bids were received from four qualified contractors on July 2, 1996, as listed on the attached bid summary (Attachment A). Bids ranged from a high of $991,117 to a low bid of $649,914. Contractors not responding indicated that they did not submit a bid because of existing workload or because they felt they could not be competitive with non-union contractors. CMR:340:96 Page 2 of 4 Staff has reviewed all bids submitted and recommends that the bid of $649,914 submitted by D.W. Young Construction Company, Inc. be accepted and that D.W. Young Construction Company, Inc. be declared the lowest responsible bidder. The bid is 13 percent below the engineer’s estimate of $748,835.. The change order amount of $65,000, 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 D.W. Young Construction Company, Inc. 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. Consultant Services Description In August 1993, Council awarded a consultant contract to Brown and Caldwell in the amount of $483,705 for the design of storm water pump station improvements and a storm drain pipeline rehabilitation project (CMR:454:93). The contract included provisions for construction 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 defined. In September 1995, Council approved Amendment No. 1 to the consultant contract with Brown and Caldwell in the amount of$104,000 for construction stage services for the storm water pump station project (CMR:403:95). The attached Amendment¯No. 2 to the consultant contract with Brown and Caldwell in the amount of $31,640 covers construction stage services for the storm drain pipe rehabilitation project. The consultant will assist staff by providing technical civil engineering expertise throughout the four-month duration of the construction project. Services to be provided include review of contractor submittals, attendance at pre-construction and weekly project meetings with the contractor, assistance with clarifications and change orders during construction, and preparation of record drawings. FISCAL IMPACT Funds for this project are included in the Storm Drainage Collection System Improvements CIP and the Storm Drainage Operations budget. ENVIRONMENTAL ASSESSMENT This project is categorically exempt environmental review is necessary. from the provisions of CEQA and no further CMR:340:96 Page 3 of 4 ATTACHMENTS A - Bid Summary B - Contract Pages C - Amendment to Agreement PREPARED BY: George Bagdon, Assistant Director of Public Works DEPARTMENT HEAD REVIEW: ~~~.~ GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: BERNARD M. STROJNY Assistant City Manager CMR:340:96 Page 4 of 4 Attachment A FORMAL CONTRACT Attachment B SECTION 00500 CONTRACT (Public Work) This Contract, dated , is entered into by and between the City of Palo Alto, a charte#ed city and a municipal corporation of the State of California ("City") , and D.W. Young Construction Co. Inc., a California Corporation, ("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. General Scooe of Project and Work. Contractor shall furnish labor, serv.ices, 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 Contr’act to the satisfaction of City. The Project and Work is generally described as follows: Title of Project: Base Bid: Add Alternates (if any): Total Bid: Storm Drain Pipeline Rehabilitation-Phase 1 NO.: #47709 $ 580,914 $ 69,000 $ 649,914 Contract Documents. "l:his 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. This Contract. Notice Inviting.Formal Bids. Project Specifications. Drawings. Change Orders. Bid. Supplementary Conditions. General Conditions. Standard Drawings and Specifications (1992). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond, Affirmative Action Guidelines and Compliance Report. Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1992). 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 (Rev.5/96)SECTION 00500-1 of 8 FORMAL CONTRACT SECTION 00500 o Comoensation. 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 Executio[~. 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. Indemnification. 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 onContractor in the performance of or failure toperform 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, employees, 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 amenLled); the Safe Drinking Water and Toxic 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. Assumption 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, excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omissionof City or any of its Council members, officers, employees, agents or representatives. CITY of PALO ALTO: Public Works Formal Contract (Rev.5/96)SECTION 00500-2 of 8 FORMAL CONTRACT SECTION 00500 Waiver. 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 Contract 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 and hazardous materials. 10. 11. Bonds. 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. Reoresentations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project andWork, Contractor represents and warrants: ao Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; Any materials and equipment which 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; 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 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; Any manufacturer’s warranty obtained by contractor shall be obtained or shall be deemed 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 subm tted or made available to the City; f0 Contractor has not col. uded, 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; 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; CITY of PALO ALTO: Public Works Formal Contract (Rev.5/96)SECTION 00500-3 of 8 FORMAL CONTRACT SECTION 00500 k= 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 12. 13. 14. 15. Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. Assianment. 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 detail to give adequate notice of the substance of the claim to City. Audits bv City. 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, during the regular business hours of City. .Notices. 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) Days 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. To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto. CA 94303 CITY of PALO ALTO: Public Works Formal Contract (Rev.5/96)SECTION 00500-4 of 8 FORMAL CONTRACT SECTION 00500 Copy to: To Contractor: City of Palo Alto Department of Public Works 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 (415) 329-2129 FAX: (415) 329-2299. ATTN: Joe Teresi, Project Manager D.W. Young Construction Co. Inc. P.O. Box 1797 Union City, CA 94587 (510) 487-0724 FAX: (510) 487-9790 ATTN: David W. Young 16. 17. Appropriation 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, materials and equipment may accrue only after such expenditures have been approved in advance in writing 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. Miscellaneous. ao 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 writing and shall be executed by a person having the express authority to grant such approval or consent. Co 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. do eo Definitions. The definitions and terms set forth in Section I of the Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. 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. CITY of PALO ALTO: Public Works Formal Contract (Rev.5/96)SECTION 00500-5 of 8 FORMAL CONTRACT SECTION 00500 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. 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. 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. Resolution. Contractor shall submit with its Bid a copy of any corporate or 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. 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, and shall apply to and bind, the successors and assigns of the parties. 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. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusivelyin 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. 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 action against the non-prevailing party. CITY of PALO ALTO: Public Works Formal Contract (Rev.5/96)SECTION 00500-6 of 8 FORMAL CONTRACT SECTION 00500 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. ATTEST:CITY OF PALO ALTO City Clerk APPROVED: By: Its: Mayor CONTRACTOR: City Manager Director of Public Works Name: By: D.WYoung Construction Co. Inc. David W. Young Title: President Director of Administrative Services TaxpayerI.D. No. 94-2518820 Manager, Contract Administation APPROVED AS TO FORM: Senior Asst. City Attorney CITY of PALO ALTO: Public Works Formal Contract (Rev.5/96)SECTION 00500-7 of 8 FORMAL CONTRACT SECTION 00500 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , before me, , a notary public in and for said County, personally appeared 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, executed the instrument. WITNESS my hand and official seal. END OF SECTION CITY of PALO ALTO: Public Works Formal Contract (Rev.5/96)SECTION 00500-8 of 8 Attachment C AMENDMENT NO. 2 TO CONTRACT NO. C4044556 BETWEEN THE CITY OF PALO’ALTO AND BROWN AND CALDWELL This Amendment No. 2 to Contract No. C4044556 ("Contract") is entered into , by and between the CITY OF PAL0 ALTO, a chartered city and a municipal corporation of the Statd of Cal i fornia ( "CITY" ) , and BROWN AND CALDWELL, a Cal i f ornia corporation, located at 3480 Buskirk Avenue, Pleasant Hill, CA 94523 ( "CONSULTANT" ) . RECITALS: WHEREAS, the Contract was entered into between the parties for the provision of professional engineering services for the CITY’s Storm-Drain Pipeline Rehabilitation Project (Phase 1); 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 i.Section 6.1.2 is hereby amended ~to read as "For Additional Services. CONSULTANT’s compensation for the additional services as described in Section 4 of this Agreement shall be on a time and materials basis calculated as set forth in Exhibit "B". The initial authorization for ~additional services is two hundred thirty-five thousand six hundred forty dollars ($235,640). CONSULTANT will make a reasonable effort to perform the additional services within this initial authorization. CITY and CONSULTANT agree that on or about the time eighty percent (80%) of the initial authorization is expended, CONSULTANT will estimate the cost to complete services remaining and request an increase in the authorization, if necessary. Subsequent authorization will be as agreed by both parties. CITY shall not be obligated to pay CONSULTANT for costs ¯ iHcurred in excess of the initial authorization unless CITY agrees to do so. CONSULTANT shall not be obligated to continue performance under this Agreement or otherwise incur costs in excess of the initial authorization, unless and until CITY agrees to increase the authorized cost. If increased costs are not agreed to by both parties prior to expenditure of the initial authorization, CITY and CONSULTANT agree that this contract shall be terminated when the initial authorization is reached." 960703 lac 0071008 SECTION 2. The following exhibit(s) to the Contract are hereby amended, in whole or in part, to ~ead as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference: Schedule". Exhibit "A" entitled "Scope of Project and Work Do Schedule". Exhibit "B" entitled "Rate Schedule and Payment Co Exhibit "C" entitled "Insurance". SECTION 3. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full.force and effect. IN WITNESS WHEREOF, the parties have by their duly a~thorized representatives executed this Amendment on the date first above written° ATTEST:CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FORM: Senior Assistant City Attorney APPROVED: BROWN AND.~ By: Its: Taxpayer I.D. No. 94-1446346 City Manager Director of Public Works Deputy ~ity Manager, Administrative Services. Risk Manager Attachment: EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C" : Scope of Project and Work Schedule (Amended) Rate Schedule and Payment Schedule (Amended) Insurance (Amended) 960703 lac 0071008 2 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) COUNTY OF On----~~ ~ ~& , before me, the undersigned, a notary_ public__in ~and--"" for said County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be, the person(s) whose name(e@ is/a-me subscribed to the within instrument, and acknowledged to me that he/s~-hey executed the same in his/~ir authorized ,hls/ ...., ....~r signature(~) on thecapacity(i~s) and that by ’ instrument the person(~), or the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. 960703 lae 0071008 EXHIBIT A SCOPE OF WORK FOR SERVICES DURING CONSTRUCTION STORM DRAIN PIPELINE REHABILITATION PHASE I FOR CITY OF PALO ALTO SCOPE OF PROJECT AND WORK SCHEDULE Task 13 shall be added to Section II (Additional Services) of Exhibit A to Consultant Agreement No. C4044556 between the City of Palo Alto and Brown and Caldwell, dated August 9, 1993, and shall read as follows: Task 13--Services During Storm Drain Pipeline Rehabilitation Phase I Construction 13.0--Project Management. Prepare project management plan and accounting control documents. Provide routine communications with staff and City. 13.1--Construction Period 13.1.1--Attend Preconstruction Meeting. Project manager shall attend a preconstruction meeting. The meeting will last 4 hours or less. Purpose of attending meeting is to respond to questions _from contractor. 13.1.2--Review Contractor’s Shop Drawings and Submittals. Review material samples, descriptions of material and equipment, and shop drawings for general design conformity in accordance with the procedures and requirements specified in the project drawings and specifications. Consultant shall make every effort to return reviewed submittals to City within 14 calendar days. 13.1.3--Assist City Staff in Answering Requests for Clarification During Construction. Provide written or oral clarifications of the project drawings and specifications in response to inquiries by the Contractor, City, or City’s Resident Project Representative. Responses will be communicated to the City’s Resident Project Representative. : 13.1.4--Assist City Staff in Reviewing Contractor’s Change Order Requests. Review cost and technical proposals by Contractor for change orders. Prepare supplemental drawings, as required. 13.1.5--Attend Weekly Construction Meetings. Attend on-site, weekly construction meetings, as requested by City. Prepare written minutes of meetings and submit to City or City’s Resident Project Representative for processing. While on site, Consultant shall 07/02/96\E:kAGREE\7823\7823-O4’,PALO-A I.WP5 HPLaser4MV Exhibit A July 2, 1996 Page 1 of 2 generally observe the progress of executed work and determine if the work is generally proceeding in an orderly, fashion and in general accordance with the construction documents. On the basis of on-site observations, Consultant shall endeavor to guard the City against defects and deficiencies in the work performed by the Contractor. This task shall not include continuous on-site inspection to check quality or quantity of the work, or any responsibility for construction methods, procedures, or safety precau.tions. Specialists will be available to assist in structural disciplines. 13.1.6--Prepare Record Drawings Using Record Data Supplied by the City. Based on notations of as-built features marked by the Contractor on bluelines of the project drawings and provided to Consultant by the City, prepare record drawings. Provide one set of specifications and drawings on three mil minimum thickness, single matte mylar with photographic fixed-line reverse printing. Consultant shall also provide copies of design calculations. 13.1.7--Assist City.Staff With Final Project Walk-Through. Consultant will assist City’s Resident Project Representative by observing status and quality of work and provide advice and assistance. The following section shall be added to Section IV (Work Schedule) of Exhibit A to Consultant Agreement No. C4044556 between the City of Palo Alto and Brown and Caldwell, dated August 9, 1993: Task No. 13 Calendar days from Duration notice to proceed to Contract " (calendar days)completion end date 170 1,239 December 31, 1996 O’LO2i96~,E:~,AGR E E’..7823\7823~4~PA LO-A I.WP5 HPLa~er4MV Exhibit A July 2, 1996 Page 2 of 2 EXHIBIT B RATE SCHEDULE AND PAYMENT SCHEDULE The attached Brown and Caldwell Rate Schedule shall replace the Rate Schedule contained in Amendment 1 to Consultant Agreement No. C4044556 between the City of Palo Alto and Brown and Caldwell dated August 9, 1993. The Payment Schedule below shall amend the Payment Schedule contained in Amendment 1 to Consultant Agreement No. C4044556 between the City of Palo Alto and Brown and Caldwell dated August 9, 1993: TotalBasic Services Initial Additional Services Amendment .1 Amendment 2 Total $403,705 $ 80,000 $124,000 $ 31,640 $639,345 Refer to the attached Engineering Services Cost Estimate for an .estimated breakdown of the services to be provided for Amendment 2. 07,0.196.E:’.AGREE’,7g23\78.3-O4’,PALO-BI.WP5 HPLa~er4MV Exhibit B July 2, 1996 Page 1 of 1 EXHIBIT B RATE SCHEDULE Schedule of HouHy Billing Rates Level A Clerk I Level B Drafter TraineeComputer Drafting Plotter Operator Word Processor I Clerk II Level Level D Engineering ~deInspec~on Aide t,~val E Assistant Engineer Assistant Inspector Assistant DrafterComputer Drat’dng Operator Trainee DrafterComputer Draffing Operator Asst Geologist/Hydrog eologist Senior Drafter Computer Drafting Senior Operator Word Processor IIClerk I1! Accountant I Word Processor III Accounting II Word Processor IV Supervisor, Word Processing Associate Technical VVdter 43,00 53.00 63.00 Level F Associate Engineer " Associate inspector Level G Engineer Inspector ASSoc. GeologisfJHydrogeologist Account III 75.00Lead gra~r Technical WriterComputer Draffing Lead Operator GeologistiHydrogeologist Senior Technical Writer Supervising Drafter Administrate Manager Computer Drafting Supervising Oper. 87.00 Level H Senior Engineer Sn Constru~on EngJInspector Senior Geologist/Hydmgeo ogist Chief Dr~er Regional Administrative Mgr. , 101.00 L~v~! I Prin~pal Enginee: Pdndpal Const, EngJInspector Level J Supervising Engineer - : Supervising Const, Eng,llnspector Manager, Computer Draffing Manager, Corporate Admln.115.00 Prindpal Ge~loglst/HydrogeolOgist Supervising Scientist 120.00Supervising Geolegist/Hydrog eologlst Level K Managing Engineer Managing Geologist/Hydrogeologlst. Managing Scientist Level L Execute IExecutive Engineer Chief Engineer ’ ~Nef Scle~st ChJ~ Geo .l~ist/Hydregeologist, 150.00 n~vm,~rm 0 I- o EXHIBIT C ACORD, III! CF_.RTIFICA’i .. OFL|ABILITY ,iNSURA "¯b "03/26~96 " THIS CERTIFICATE IS ISSUED AS A MA]-~ER OF INFORMATION ONLY AND CONFERS ,/qO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE, COVERAGE AFFORDED BY THE POLICIES BELOW. : ’ COMPANIES AFFORDING COVERAGE (415)391-2600 ...............................................................COMPANY RELIANCE INSURANCE COMPANY A AND CALDWELL COMPAN BP.O. BOX 8045 WALNUT CREEK, CA 94596 COMPANY c COMPANY D THIS IS TO CERTIFY THAT THE POLICiESOF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE ~OR 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. PRODUCER ALEXANDER & ALEXANDER OF CALIFORNIA, INC. 333 BUSH STREE(, SUITE 600 SAN FRANCISCO, CA 94104-2878 . CO PoLIcY EFFECTIVE POLICY EXPIRATION : LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) ; DATE (MM/DD/YY)LIMITS 03/26/96 03/26/97GENERALLIABILITYVQ 847 25 13-04 X COMMERCIALGENER_A.L_LIABILITY CLAIMS MACE X OCCUR ": OWNER’S & CONTRACTOR’S PROT AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GENERAL AGGREGATE PRODUCTS ¯ COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP iAny one person VQ 847 25 13-04 03/26/96 . 03/26/(~-7 COMBINED SINGLE LIMIT $ BODILY INJ[JRY(Per person)$ BODILY INJURY(Per accident)’ $ PROPERTY DAMAGE $ ’1;000~000-, I~OOO,OO0-: 1,000~000-- 1,000~000-: Nit’---; I, 000,000 GARAGELIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER INCL EXCL WN 173 39 19-04 , 03/2~/96 03/26/97 EACH ACClO .E_NT_~.$ AGGREGATE $ EACH OCCURRENCE ’ $ X WC STATU-OTH; ¯____TORY_L M TS EREL EACH AOO,;EJ- .--" EL DISEASE. POLICY LIMIT $ EL DISEASE ¯ EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIALITEMS ALL PROJECTS OF THE NAMED INSURED, INCLUDING BUT NOT LIMITED TO: STORMgATER SYSTEM IHPROVEMENTS FOR PUMPING STATIONS AND REHABILITATION OF PIPELINES, PROJECT #~823. ADDITIONAL INSURED (RE: G/L & AUTO): CITY OF PALO ALTO. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF PALO ALTO l EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: JOE TERES! ] 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE I~IOLDER NAMED TO THE LEFT,, 250 HAMILTON AVENUE, 1ST FLOOR -I BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PALO ALTO, CA 94303 ’)OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, ¯’(AU/~RIZEDREPRES~ENTATlyVE.~-EXANDER & ALEXANDER OF CALIFORNIA, INC. ACORD 25-S (1/95) ;:;i: .:/. -:~:.::i.. :i::; :i:::;i?:i:::!!i;~::::: ,%;/:; .’:;!;::; ;~_~"i>.~...; ’ .;i: :~/©A~RDCORP-OI~/~TION 1988 EXHIBIT C Certificate of Insurance Agency Name and Address: Professional Practice Insurance Brokers, Inc. 10 California Street Redwood City CA 94063-1513 (415) 369.5900 Fax:. (415) 366-1455 THIS CERTIFICATE IS~:fSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT.AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW. Insuteds Name and Address: BROWN AND CALDWELL 3480 Buskirk Avenue Pleasant Hill CA 94523-4342 Companies Affording Policies: A: B: C: D: E: RELIANCE NATIONAL INDEMNITY COMPANY F: COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE L STED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAYPERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALl. THE TERMS, EXCLUSIONS. AND CONDITIONS OF SUCH.OOLICIES. TYPE OF INSURANCE . GENERAL LIABILITY [] Commercial Genera Lab ty !A [] [] [] c[] [] D F [] Claims Made ] Occurrence Owner’s and Contractors Protective AUTO LIABILITY Any Automobile All Owned Autos Scheduled Autos Hired Autos Non-owned Autos Garage Liability EXCESS LIABILITY Umbrella Form Other than Umbrella Form WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY PROFESSIONAL LIABILITY* POLICY NUMBER NTF201569805 EFF. DATE EXP. DATE I 5/31/96 5/31/97 POLICY I’iMITS General Aggregate: Products-Com/Ops Aggregate: Personal and Adv. Injury: Each Occurrence: Fire Dmg. (any one fire): Combined Single Limit: !Bodily Injury/person: Bodily Injury/accident: Property Damage: Each Occurrence: Aggregate: Statutory Limits Each Accident: Disease/Policy Limit: Disease/Employee: Aggregate $2,000,000 Description of Operations/Locations/Vehicles/Restrictions/Special Items: All operations of the Named Insured including Stormwater System Improvements for Pumping Stations & Rehab of Pipelines. *Written at’aggregate limits of liability nd!:,!ess than ,a, mount shown. Cedificate Holder: ~,~~.. .. ..~ ,0CA ~301 CITY OF PALO ALTO Public Works Dept. 250 Hamilton Avenue Palo Alto Attn: Joe Teresi THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN¯ 5/31/96 dc