HomeMy WebLinkAbout1996-12-16 City Council (45)City of Palo Altt8
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: Public Works
AGENDA DATE: DECEMBER 16, 1996 CMR:511:96
SUBJECT:AWARD OF CONTRACT TO ANDERSON PACIFIC FOR
CONS~UCTION SERVICES AND RELATED ACTIONS
FOR THE ALMA STREET BICYCLE BRIDGE AND PATH
PROJECT
REQUEST
This is a request for approval of a contract with Anderson Pacific in the amount of
$302,465 for construction services for the Alma Street Bicycle Bridge and Path Project and
approval of related actions including a consultant agreement with DASSE Design, Inc.;
Fund Transfer Agreement with Bay Area Air Quality Management District; a Budget
Amendment Ordinance; and a Memorandum of Agreement with the Muwekma Ohlone
Tribe of San Francisco Bay.
RECOMMENDATIONS
Staff recommends that Council:
o
Approve and authorize the Mayor to execute the attached contract with Anderson
Pacific in the amount of $302,465 for construction services for the Alma Street
Bicycle Bridge and Path Project.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract with Anderson Pacific for related, additional but
unforeseen work which may develop during the project, the total value of which
change orders shall not exceed $44,000.
Approve the attached consultant agreement amendment with DASSE Design, Inc.,
for $24,780 of consultant construction administration services.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the consultant agreement with DASSE Design, Inc. The total
value of the change orders shall not exceed $4,000.
Approve the attached Bay Area Air Quality Management District (BAAQMD) Fund
Transfer Agreement to accept a $98,000 Transpor~tion Fund for Clean Air grant.
CMR:511:96 Page 1 of 6
Approve the attached Budget Amendment Ordinance for the BAAQMD Fund
Transfer Agreement and additional funds required to complete the project.
Approve the attached Memorandum of Agreement between the City of Palo Alto
and the Muwekma Ohlone Tribe of the San Francisco Bay.
POLICY IMPLICATIONS
The award of this construction contract, consultant agreement amendment, as well as
approval of a Fund Transfer Agreement and its corresponding Budget Amendment
Ordinance are consistent with existing policies and will allow for construction of the Alma
Street Bicycle Bridge and Path Project.
This project is consistent with the goals and objectives of the "Transportation Element of
the Comprehensive Plan, 1980-1995." It is listed as a first priority project relative to
bikeways. In particular, the Alma Street Bicycle Bridge and Path Project will reduce
public dependence on private cars and encourage the use of bicycles for non-recreational
as well as recreational activities. The Comprehensive Plan supports bicycling as this
alternative reduces the number of vehicles on City streets.
EXECUTIVE SUMMARY
Background
The project was initially bid on June 4, 1996. The low bid was $158,000 over the
Engineer’s Estimate. Staff was directed to reduce the project scope, identify additional
funding sources, and re-bid the project (CMR:363:96). Consistent with this direction, the
plans and specifications were modified by correcting the bridge loading, fence materials,
and making other clarifications. The project scope was reduced by not replacing the water
service and backflow preventer for the irrigation system. These items were determined
to be adequate after further research. Staff also made an application for additional funding
from the Bay Area Air Quality Management District Transportation Fund for Clean Air.
Construction Contract
This is a joint project with Menlo Park, consisting of a bicycle/pedestrian bridge across
San Francisquito Creek, a path through E1 Palo Alto Park, bridge and path lighting,
landscaping, irrigation, and intersection modifications at Alma Street and Palo Alto
Avenue. The project connects Alma Street in Palo Alto to Alma Street in Menlo Park by
passing through E1 Palo Alto Park, a State Point of Historical Interest.
A notice inviting formal bids for construction services for the Alma Street Bicycle Bridge
and Path Project was sent on October 21, 1996 to 12 builders’ exchanges, 2 contractors
and 4 bridge suppliers. Additionally, an information sheet was faxed or mailed to 50
contractors and posted on the City of Palo Alto homepage. During the bidding period, 23
additional contractors received plans and specifications. The bidding period was 29 days
CMR:511:96 Page 2 of 6
to allow the general contractors sufficient time to contact subcontractors and receive
information used in the bid. The project requires a fairly large number of subcontractors
because of its relative complexity. A non-mandatory pre-bid meeting was held on
November 4, 1996 and attended by two bidders. Bids were received from five qualified
contractors on November 19, 1996, as listed on the attached bid summary (Attachment A).
Bids ranged from a high of $357,277 to a low bid of $302,465. General contractors not
responding indicated that they did not submit a bid because they are too busy.
Staff has reviewed all bids submitted and recommends that the bid of $302,465 submitted
by Anderson Pacific be accepted and that Anderson Pacific be declared the lowest
responsible bidder. The bid is 12 percent above the engineer’s estimate of $268,408. The
change order amount of $45,370, which equals 15 percent of the total contract, is
requested for a construction contingency, because this multifaceted project has 11 different
jurisdictions involved in and contributing to its complexity. Also additional effort by the
consultant and the contractor is necessary to comply with the regulations related to
archeological monitoring and notification procedures. The contingency will not, however,
cover the expenses involved in the relocation of artifacts or remains.
Staff checked references supplied by the contractor for previous work performed by
Anderson-Pacific 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.
Construction is expected to start in January 1997 and be completed in six months.
. Consultant Agreement Amendment
On September 15, 1994, Council approved, the Consultant Agreement with DASSE
Design, Inc. for design phase services. The need to amend the contract for the
construction administration services at the time of construction award was specifically
referred to in the original contract. In addition to the standard construction administration
services, the amendment (Attachment C) includes the services of an ornithologist to check
for active raptor nests and a naturalist to verify compliance with the Environmental
Assessment’s biological resources mitigation requirements. It will also be necessary for
an archeological monitor to be on site whenever earthmoving activities take place.
Fund Transfer A~,reement
The Alma Street Bicycle Bridge and Path Project scored fifth out of 100 applications which
enabled it to be granted $98,000 from the BAAQMD. The Fund Transfer Agreement
(Attachment D) outlines the accounting and project management procedures that the City
will need to follow to be reimbursed for the costs of the project. Requirements for the
monitoring of bicycle and pedestrian traffic before and after construction are also outlined.
CMR:511:96 Page 3 of 6
Monitoring will be done by the City to provide the BAAQMD with data to access the cost
effectiveness and efficacy of the project in reducing emissions.
Memorandum of Agreem.e..nt
The Environmental Assessment for this project (95-EIA-16) explained that the project site
is in an area of Extreme Archeological Sensitivity. As a result, the Environmental
Assessment outlines mitigation measures to comply with State and Federal laws regarding
archeological finds and to minimize the impact of the project on any archeological
resources that may exist at the site.
In order to comply with the laws, staff has developed a Memorandum of Agreement
between the City of Palo Alto and the Muwekma Ohlone Tribe of the San Francisco Bay
(Attachment F). The tribe is the most appropriate group to make recommendations on the
disposition of Native American archeological finds in this region.
The Agreement delineates the disposition of artifacts and remains that may be discovered
during construction. Having this agreement in place makes it possible to proceed (within
days) with subsequent reburial, instead of incurring construction delays while such an
agreement is drawn up. Excessive delays would jeopardize the project funding since State-
mandated deadlines related to the Proposition 116 funding might not be met.
FISCAL IMPACT
The estimated total project cost is $440,000. The existing funding in the budget is
$298,000 and, therefore, a budget amendment ordinance is required to supplement the
existing funding.
A breakdown on the estimated project cost and budget amendment ordinance is as follows:
ESTIMATED PROJECT COST
Design (actual cost)
Construction Administration (including archeological monitoring)
Construction Admin. Contingency
Testing and Inspection (estimated)
Construction
Construction Contingency
TOTAL ESTIMATED PROJECT COST
$ 61,810
$ 24,780
$ 4,000
$ 2,885
$ 302,465
$ 44,ooo
$440,000
CMR:511:96 Page 4 of 6
BUDGET AMENDMENT ORDINANCE
I. Funding Reduction
Delete Joint Powers Board in-kind-grant1
II. Funding Increase
Air District Transportation Fund for Clean Air2
State Gas Tax (Street Improvement Fund transfer)3
City of Palo Alto Parks Capital Improvement Project transfer4
City of Palo Alto Budget Stabilization Reserve transfers
Funding Increase Subtotal
TOTAL BUDGET AMENDMENT ORDINANCE
$ 98,000
$ 5,000
$15,000
$ 40,000
($16,000)
$158,000
$142,000
Although more than 90 percent of the project costs are funded from other agencies, staff is
continuing to pursue possible additional funding from the City of Menlo Park and the Joint
Powers Board. Staff recommends approving the Budget Amendment Ordinance now in order
to award the construction contract and complete construction by the State grant deadline. If
additional funding is received from the City of Menlo Park and the Joint Powers Board, staff
would return to Council with a second Budget Amendment Ordinance.
ENVIRONMENTAL ASSESSMENT
The Environmental Assessment (95-EIA-16)
December 4, 1995.
for this project was approved by Council on
~A reduction of $16,000 in revenues from the Peninsula Corridor/Joint Powers Board as the JPB will be
providing the flaggers and railroad inspectors for the project rather than paying the City for these services. The
JPB administrative costs associated with this work will be absorbed by the JPB.
2The receipt of a $98,000 grant from the Transportation Fund for Clean Air as detailed in the attached
Fund Transfer Agreement.
3A transfer of $5,000 from the Street Improvement Fund to cover a higher cost of street related work
than originally anticipated.
4A transfer of $15,000 from the Parks Capital Improvement Project 19414 for construction of a part of
that project scope of work involving irrigation system replacement.
5A transfer of $40,000 from the Budget Stabilization Reserve to cover more extensive archeological
monitoring costs than originally anticipated. Also, the transfer covers a 15% construction contingency rather than
10% which may be required for the additional costs associated with archeological monitoring. Finally, the
transfer covers redesign costs associated with reducing the project scope of work after the bids were rejected
earlier this year.
CMR:511:96 Page 5 of 6
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Bid Summary
Contract
Amendment to Consultant Agreement
Bay Area Air Quality Management District Fund Transfer
Agreement
Budget Amendment Ordinance for the BAAQMD Fund Transfer
Agreement
Memorandum of Agreement between the City of Palo Alto and the
Muwekma Ohlone Tribe of the San Francisco Bay.
PREPARED BY: George Bagdon, Assistant Director of Public Works
DEPARTMENT HEAD REVIEW:
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
FLEMING
Manager
CO:Joint Powers Board/Gary Mello
City of Menlo Park/Don Dey
DASSE Design, Inc./Doug Hohbach
Palo Alto Bicycle Advisory Committee (13 copies)
Stanford University Campus Archeologist/Laura Jones, Ph.D.
Coordinated Resource Management and Planning/Debbie Mytels
Bay Area Action/Peter Drekmeier
Native Plant Society/Sara Timby
Coyote Creek Riparian StationiKaren Cotter
Friends of San Francisquito Creek/Jim Johnson
Muwekma Ohlone Tribe/Rosemary Cambra
Bay Area Air Quality Management District/Dave Burch
State of California Department of Transportation, Local Assistance Office/Moe Shakernia
CMR:511:96 Page 6 of 6
BID SUMMAR ~"ATTACHMENT A
PROJECT: ALMA STREET BICYCLE BRIDGE AND PATH
CIP NUMBER: 19411
BID NUMBER: 87066
BID OPENING: 11/19/96
BIDDER BASE BID
TOTAL
Engineer’s Est.268,408
Power Eng. Con 348,625
B & B Concrete 330,465
Anderson Pacific 302,465
Bianchi 357,277
Partners 329,820
Maximum 357,277
Average 333,730
Minimum 302,465
ATTACHMENT B
FORMAL CONTRACT City of Palo Alto
PUBLIC WORK CONTRACT No. C
(Public Work)
This Contract, 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 Anderson Pacific ,
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 Scope of Project 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 generally described as follows:
Title of Project:Alma Street Bicycle Bridge and Path
Base Bid:$ 299,425.00
Add Alternates (if any): $ 3,040.00
Total Bid: $ 302,465.00
NO.: #87066
o 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.
This Contract.
Invitation For Bid.
Specifications and/or Scope of Work.
Drawings.
Change Orders.
Proposal and 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
Specifications or the Standard Drawings and Specifications (1992).
Contract
CITY of PALO ALTO: Alma Street Bicycle Bridge and Path (Rev.10/96)Page -1 of 8
FORMAL CONTRACT City of Pa/o Alto
mo Any other document not expressly mentioned herein which is issued by City or entered into
by the parties.
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 Invitation Forl Bid 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.
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 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, 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 amended); 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.
CITY of PALO ALTO: Alma Street Bicycle Bridge and Path (Rev.10/96)Page -2 of 8
FORMAL CONTRACT City of Palo Alto
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 omission
of City or any of its Council members, officers, employees, agents or representatives.
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 ~essen 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.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
Invitation For Bid.
11.Representations 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 and Work, Contractor represents and warrants:
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 submitted or made available to the City;
CITY of PALO ALTO: Alma Street Bicycle Bridge and Path (Rev.10/96)Page -3 of 8
FORMAL CONTRACT City of Pa/o Alto
fo 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 Invitation For
Bid;
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
12.
13.
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
Assiqnment. 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.
14.
15.
Audits by 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 mai!, 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
CITY of PALO ALTO: Alma Street Bicycle Bridge and Path (Rev. 10/96)Page -4 of 8
FORMAL CONTRACT City of Palo A/to
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.
16.
17.
T.o City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to:City of Palo Alto
Department of Public. Works
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
(41 5)- 329-2636
FAX: (415)- 329:2299
ATTN: Karen Bengard, Project Manager
To Contractor:Anderso.07Pacific Engineering, IQC.
1390 Norman Avenue
Santa Clara, CA 95054
( 408 ) ,97Q:9900
FAX: ( 408 ) 970-9975
ATTN: Forrest Anderson
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.
Mi,sce[[anep,us.
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.
CITY of PALO ALTO: Alma Street Bicycle Bridge and Path (Rev.10/96)Page-5 of 8
FORMAL CONTRACT City of Palo Alto
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.
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.
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.
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.
CITY of PALO ALTO: Alma Street Bicycle Bridge and Path (Rev.10/96)Page -6 of 8
FORMAL CONTRACT City of Pa/o Alto
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 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 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 action 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.
ATTEST:CITY OF PALO ALTO:
City Clerk
APPROVED:
By:
Its: Mayor
CONTRACTOR:
City Manager
By:
Name:
Director of Public Works Title:
Director of Administrative Services
Taxpayer I.D. No. 94-1 636147
Manager Contract Administation
(for: Risk)
APPROVED AS TO FORM:
Senior Asst. City Attorney
CITY of PALO ALTO: Alma Street Bicycle Bridge and Path (Revo10/96)Page -7 of 8
FORMAL CONTRACT City of Pa/o Alto
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.
Signature (Seal)
END OF SECTION
CITY of PALO ALTO: Alma Street Bicycle Bridge and Path (Rev.10/96)Page -8 of 8
ATTACHMENT C
AMENDMENT NO. ONE TO CONTRACT NO. C5073378
BETWEEN THE CITY OF PALO ALTO AND
DASSE DESIGN INC.
This Amendment No.One to Contract No. C5073378
("Contract") 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 DASSE DESIGN INC., a
California corporation, located at 33 New Montgomery Street, Suite
850, San Francisco, CA 94105 ("CONSULTANT").
RE C I T A L S:
WHEREAS, the Contract was entered into between the
parties for the provision of construction administration services;
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:
fo!lows:
SECTION i.Section 2.1 is hereby amended to read as
"The City Manager shall be representative
of CITY for all purposes under this Agreement.
KAREN BENGARD is designated as the Project
Manager for the City Manager, and she shall
supervise the progress and execution of this
Agreement, and shall be assisted by DEBRA F.
JACOBS, the Project Engineer."
follows:
SECTION 2.Section 4.1.3 is hereby amended to read as
"4.1.3 Construction Staqe--Administration
of the Construction Contract
(a) The Construction Stage will
commence with the award of the construction
contract and willterminate when final payment
is made by CITY to the contractor.
(b) CITY shall provide for the
administration of the construction contract.
(c) CONSULTANT shall attend pre-
construction meetings and answer questions
regarding the plans and specifications
prepared by CONSULTANT.
961204 s.,,’n 0071085
1
(d) CONSULTANT shall at all times
have access to the work wherever it is in
preparation or in progress.
(e) CONSULTANT shall make periodic
visits to the site as necessary to become
generally familiar with the progress and
quality of the work and to determine in
general if the work is proceeding in a manner
indicating that the work, when completed will
be in accordance with the contract documents.
On the basis of on-site observations,
CONSULTANT shall endeavor to guard CITY
against defects and deficiencies in the work
of the contractor, including advising and
consulting with CITY on technical instructions
to the contractor and recommending the
disapproval of the contractor’s work if it
fails to meet the requirements of the contract
documents. CONSULTANT shall not be required
to make continuous on-site inspections to
check the quality or quantity of the work,
provided that the limited extent of review
furnished by CONSULTANT for the services it
agrees to provide, in no way shall reduce or
lessen its responsibility or liability
hereunder. CONSULTANT shall not be responsible
.for the construction means, methods,
techniques, sequences or procedures, or for
safety precautions and programs employed in
connection with the work, and shall not be
responsible for the contractor’s failure to
carry out the work in accordance with the
terms of the contract documents.
(f) CONSULTANT shall interpret the
technical requirements of the contract
documents and advise CITY on the issuance of
technical instructions to the contractor.
(g) CONSULTANT shall review and
take appropriate professional action on
laboratory, shop and mill tests, reports of
equipment performance, shop drawings, samples,
and other submissions of the contractor, but
only for conformance with the design concept
of the Project and for compliance with the
construction contract documents.
(h) CONSULTANT shall prepare
supplementary sketches required in order to
clarify or supplement the original contract
documents during the Construction Stage of
work.
961204 syn 0071085
fol!ows:
(i) CONSULTANT shall assist CITY in
preparing change orders.
(j) CONSULTANT shall observe the
initial operation of the Project, or of
performance tests required by the contract
plans and specifications.
(k) If required by CITY, CONSULTANT
shall assist CITY in the start-up, testing and
operation of the equipment prior to acceptance
of the Project by CITY.
(i) CONSULTANT shall conduct site
visits, accompanied by a representative of
CITY, to determine the dates of substantial
completion and final completion. Further,
CONSULTANT shal! make a declaration that the
Project is in conformance with the design
concept and is in general compliance with the
contract documents.
(m) CONSULTANT shall attend weekly
meetings throughout the Construction Phase
with the contractor and representatives of
CITY.
(n) CONSULTANT shall provide the
Project Manag@r with one copy of the plans and
specifications and a complete set of four mil
minimum thickness, good quality transparent
mylar drawings of the completed Project
(hereafter referred to as the "Record
Documents") based upon using information
provided by the CONTRACTOR. In addition,
CONSULTANT shall furnish CITY with copies of
all design calculations and similar documents.
(o) CONSULTANT shall not be
responsible for damages or injuries caused
solely by acts or omissions of the contractor,
or any subcontractor, or any agent or employee
of the contractor or any subcontractor, or of
any other persons performing any of the work."
SECTION 3. Section 6.1 is hereby amended to read as
"In consideration for the full performance
of the Basic Services described in Section 4.1
of this Agreement, CITY agrees to pay
CONSULTANT a fee not to exceed eighty-one
thousand four hundred ninety dollars
($81,490) for the Project.
961204 syn 0071085
3
The amount of CONSULTANT’s compensation
shal! be calculated as set forth in Exhibit
"B", entitled "Rate Schedule," attached hereto
and made a part hereof by this reference, on a
time and materials basis, up to the maximum
amount set forth in this paragraph 6.1."
SECTION 4. The following exhibits to the Contract are
hereby amended to read as set forth in the attachments to this
Amendment No. One, which are incorporated in full by this
reference:
ao "Exhibit "A" entitled "Scope of Project and Time
Schedule".
bo Exhibit "B" entitled "Rate Schedule and Payment
Schedule."
SECTION 5. 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
authorized representatives executed this Amendment on the date
first above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Mayor
DASS~ES IGN INC~__
Taxpayer I.D. No. 94-3058590
City Manager
Director of Public Works
Deputy City Manager,
Administrative Services
Risk Manager
Attachments:
EXHIBIT "A":
EXHIBIT "B".
"Scope of Project and Time Schedule"
"Rate Schedule and Payment Schedule"
961204 s3na 0071085
4
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
)
)
On D~c ~-~r ~./~ before me, the undersigned, a
notary public ~ and fog said County, personally appeared
personally known t~ 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.
961204 syn 0071085
EXHIBIT B
CONSTRUCTION SUPPORT
Rate Schedule
Personnel Classification
Principal Structural and Civil Engineer
Project Structural and Civil Engineer
StaffEngineer
Draft Person
Clerical
Principal Geotechnical Engineer
Staff Geotechnical Engineer
Principal Electrical Engineer
Naturalist
Archeologist
Archeological Monitor
Testing Laboratory Technician
CONSTRUCTION SUPPORT
Payment Schedule
Task
1
2
3
4
5
6
7
Bidding
Construction Support
Construction Support
Construction Support
Construction Support
Construction Support
Construction Support
Hourly Rates
$115
$80
$60
$55
$40
$115
$70
$100
$70
$70
$30
$60
Pa~’nent
$920
$2,242
$4,484
$4,964
$4,964
$4,964
$2,242
EX-HIBIT B
PAYMENT & RATE SCHEDULES
The Fee for performing professional architectural and enNneering consulting sen, ices for the
subject project shall be as follows:
I.BASIC SERVICES
Schematic Design (10%) Lump Sum of $16,460
2.
3.
4.
5.
Review of site data
Constraints analysis
Geotechnical Report
Preparation of schematic designs
Cost Model
Preliminary ARB Submittal Lump Sum of $7,100
2.
3.
4.
Architectural Drawings and Renderings
Photography of site
Material List
Attend meeting
Desima Development (50%) Lump Sum of $13,400
Presentations to Citizens, City of Menlo Park & Staff
Prepare 50% construction drawings
Prepare 50% cost estimate
Final ARB Submittal Labor and Expenses not to exceed $4,950
1.Revise Architectural Drawings and Renderings
2.Attend meeting and make necessary revisions
Construction Documents Lump Sum of $12,600
1.Prepare Construction Documents
2.Respond to City of Palo Alto comments
Reimbursable Expenses Labor & Expenses of $2,200
1.Drill borings
2.Presentation Materials
3.Reproduction
II ADDITIONAL SERVICES
Provide additional services on a labor expenses basis as described in agreement when
approved in advance by City.
Ill.RATE SCHEDULE
Personnel Classification
Principal Structural and Civil EnNneer
Project Structural and Civil EnNneer
Draft Person
Clerical
Principal Geotechnical EnNneer
Principal Architect
Principal Electrical En~neer
Naturalist
Hourly Rate
$110
$ 70
$ 55
$ 40
$110
$110
$110
$110
Payments to DASSE Design Inc. for professional services shall be the sum of employee charges and
the reimbursement of other expenses where applicable. Those payments shall be in accordance with
and subject to the following schedules and conditions:
EMPLOYEE CHARGES
Hourly billing rates for other than principals are calculated by multiplying salary costs by 2.4 where
salary costs are hourly time card rates multiplied by 1.35.
Retained consultants’ costs will be reimbursed at agreed-upon billing rates increased by 15% to
cover administrative expenses.
OTHER EXPENSES
Cost of travel, lodging, subsistence, other living expense, internal and external reproduction costs,
long distance telephone charges, messenger services and other direct costs will be charged at cost
plus 20%. Project-related travel time will be charged as employee charges. Use of company or
employee-owned automobile charged at $0.28 per mile.
&TTACHMEN
FUNDING AGREEME.NT
BETWEEN
TH~ BAY AREA AIR QUALITY MANAGEMENT DISTRICT
PROJECT SPONSOR
PROJECT NUMBER
96R102
This Agreement is made and entered into between the Project Sponsor and the Bay Area Air Quality
Management District, hereinafter referred to as the "Air District." The Project Sponsor, hereinafter
referred to as "Project Sponsor," is named on Attachment A. Attachments A, B, and C are
incorporated into this Agreement by this reference.
SECTION I
RECITALS:
1)Air District is authorized under Health and Safety Code Section 44223 to levy a fee on motor
vehicles registered within its jurisdiction. Funds generated by the fee are to be used to
implement projects and programs to reduce air pollution from motor vehicles.
2) -Air District administers these funds as the Transportation Fund for Clean Air (TFCA).
3)Health and Safety Code Section 44241 limits expenditure to specified eligible transportation
control measures included in the clean air plan adopted pursuant to Health and Safety Code
Sections 40233, 40717, and 40919 and limits the allocation of the funds to public agencies
within the Air District’s jurisdiction.
4)Air District and Project Sponsor, pursuant to Health and Safety Code Section 44241, hereby
enter into this Funding Agreement to implement a transportation measure (Project) to improve
air quality in the San Francisco Bay Area Air Basin.
5)The Project, as used in this Agreement, is described on Attachment
SECTION II
PROJECT SPONSOR AGREES:
1)To implement the Project in accordance with the description and implementation schedule
contained on Attachment B.
2)To submit detailed invoices to the Air District for reimbursement of costs and expenses
incurred to complete the Project consistent with the schedule contained on Attachment A.
Invoices shall specify the time period for the invoice, itemize staff charges to the Project, if
any, indicating the number of hours worked on the Project; and itemize any payments to
vendors, consultants, or contractors with an explanation of the goods or services provided for
the Project.
BAAQMD FY96 TFCA Funding Agrccmcnl Page
3)
4)
5)
]3)
]4)
To keep necessary records of Project activities, expenses and charges to document and support
invoices submitted to the Air District.
To allow and facilitate Air District audit of Project performance and all expenditures relating to
the Project funded through this Agreement.
To record on a time sheet those hourly labor costs incurred in the implementation of the
Project which are paid with funds received under this Agreement, or to establish an alternative
method approved by the Air District to document staff costs charged to the Project.
To use no more than five percent of the funds received under this Agreement for costs incurred
in the administration of the Project.
To keep necessary records of Project performance as specified on Attachment C.
To submit to the Air District all reports specified on Attachment C.
To use the Air District’s approved logo for the Transportation Fund for Clean Air on any
vehicles leased, rented, or purchased with TFCA funds, or on any other capital property
purchased with TFCA funds that is visible to the public.
To use the Air District’s approved logo for the Transportation Fund for Clean Air on any
printed material for public distribution associated with the Project. Included as printed
material are Project related schedules, brochures, handbooks, or promotional material.
To credit the Air District as a funding source for the Project in any related media events,
articles, news releases or other publicity materials.
To assure that all funds received under this Agreement are expended only in accordance with
all applicable provisions of law.
To expend those matching funds, if any, as listed on Attachment A, toward completion of the
Project as described on Attachment B. In the event funding from other sources for the total
cost of the Project as set forth in Attachment A is not received, in whole, by the Project
Sponsor, the Air District reserves the right to renegotiate the terms and conditions of this
Agreement.
To return to the Air District any funds realized from the sale of any motor vehicle(s) purchased
with TFCA funds if such sale occurs within the industry standards for the useful life from the
date of purchase of the motor vehicle(s). The amount of the funds returned to the Air District
shall be proportional to the percentage of TFCA funds originally used to purchase the motor
vehicle(s).
To place in the public domain any Software, written document, intellectual property, process,
technique, or product developed with TFCA funds as part of the Project.
16)To comply with those special conditions, if any, listed on Attachment A
BAAOMD FYg(; TFCA Funding A,,.’rcemcm PaJtc 2
SECTION III
AIR DISTKICT AGREES:
1)To pay within 30 calendar days of receipt, invoices for reimbursement of legitimate Project
expenses submitted by the Project Sponsor, excepting that the Air District will retain fifteen
percent (15%) of the total TFCA Regional Funds awarded until the Air District’s acceptance
of the final report as specified on Attachment C.
2)To provide TFCA funds not to exceed the total funds awarded amount for this Project as listed
on Attachment A.
3)To provide timely notice prior to conducting an audit.
4)To provide a copy of the fiscal and performance audits of the Project as specified in Section
44241.5 of the Health and Safety Code.
IT IS
1)
2)
3)
4)
5)
s)
7)
SECTION IV
MUTUALLY AGREED:
Term: This Agreement wilt remain in effect for three (3) years after the completion of the
Project unless terminated as provided below.
Termination: Either party may terminate this Agreement at any time by giving written notice
of termination to the other party which shall specify the effective date thereof. Notice of
termination under this paragraph shall be given at least ninety (90) days before the effective
date of such termination. After receiving notice of termination, Project Sponsor shall cease
further expenditure of TFCA funds received under this Agreement.
Indemnity: Project Sponsor shall indemnify and hold harmless the Air District its officers,
employees, agents, representatives, and successors-in-interest against any and all claims, suits
or actions resulting from the performance by Project Sponsor of its duties under this
Agreement. Air District shall indemnify, and hold harmless Project Sponsor its officers,
employees, agents, and successors-in-interest against any and all claims, suits or actions
resulting from the performance by Air District of its duties under this Agreement.
Notices: Any notice which may be required under this Agreement shall be in writing, shall be
effective when received, and shall be given by personal ser~,ice or first class mail, to the
addressees set forth on Attachment A, or to such addressees which may be specified in writing
to the parties hereto. All correspondence shall reference the Project number listed on
Attachment A.
Contacts: Project Sponsor and Air District persons to act as contact and liaison with the Air
District with regards to the day-to-day activities of the Project are specified on Attachment A.
Additional Acts and Documents: Each party agrees to do all such things and take all such
actions, and to make, execute and deliver such other documents and instruments, as shall be
reasonably requested to carry out the provisions, intent and purpose of the Agreement.
Integration: This Agreement represents the entire Agreement of the parties with respect to the
subject matter hereof, and all such agreements entered into prior hereto are revoked and
superseded by this Agreement, and no representation, warranties, inducements or oral
BAAQMD FY96 TFCA Funding Agrccmcnt Page 3
s)
9)
11)
12)
]4)
15)
17)
agreements have been made by any of the parties except as expressly set forth herein, or in
other contemporaneous written agreements.
Amendment: This Agreement may not be changed, modified or rescinded except in writing
and signed by all parties hereto. Any attempt at oral modification of this Agreement shall be
void and of no effect.
Independent Contractor: Project Sponsor renders its service under this Agreement as an
independent contractor. None of the Project Sponsor’s agents, subcontractors or employees
shall be construed as agents or employees of the Air District. This paragraph does not apply to
elected officials serving concurrently on the governing boards of both the Project Sponsor and
Air District.
Assignment: This Agreement may not be assigned, transferred, hypothecated, subcontracted
or pledged by any party without the express written consent of the other party.
Severability: Should any part of this Agreement be declared unconstitutional, invalid, or
beyond the authority of either party to enter into or carry out, such decision shall not affect the
validity of the remainder of this Agreement which shall continue in full force and effect;
provided that, the remainder of this Agreement can, absent the invalid portion(s), reasonably be
interpreted to give effect to the intentions of the parties.
Effective Date: The effective date of this Agreement is the date of signature by the Air
Pollution Control Officer as .listed on page 5.
Schedule for Eligible Costs: Only Project costs incurred after the Air District Approval Date
listed on Attachment A, and before completion of the Project or termination, whichever occurs
first, are eligible to receive TFCA funds.
Cost Reduction: The Air District may reduce its contribution to the Project in the event that
the total Project cost is less than the amount listed on Attachment A. Any reduction in TFCA
funding shall be proportional to the percentage of TFCA funds provided toward the total
project cost as noted on Attachment A.
Penalty: The Air District may decrease the total TFCA Regiona! Funds awarded for the
Project by up to ten percent (10%) for failure of the Project Sponsor to comply with
paragraphs II.9, II.10, and II.11 above.
Project Cost: Project cost overruns are the sole responsibility of the Project Sponsor. The Air
District’s funding obligation is limited to the total TFCA Regional Funds awarded as listed on
Attachment A. Acceptance of this funding agreement obligates the Project Sponsor to deliver
the Project according to the terms and conditions of this Agreement.
Force Majeure: Neither the Air District nor Project Sponsor shall be liable or deemed to be in
default for any delay or failure in performance under this Funding Agreement or interruption of
services, directly or indirectly, from the acts of God, civil or military authority, acts of public
enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or
transportation, or any similar cause beyond the reasonable control of the Air District or Project
Sponsor.
Governing Law: This Funding Agreement shall be construed and interpreted and the legal
relations created thereby shall be determined in accordance with the laws of the State of
California.
BAAQMD FY96 TFCA Funding Agrccmcnt Pagc 4
SIGNATURES:
by:
June Fleming
City Manager
City of Palo Alto
by:Date:
Ellen Garvey
Air Pollution Control Officer
Bay Area Air Quality Management District
Approved as to legal form and content:
by:
Legal Counsel
City of Palo Alto
by:
District Counsel
Bay Area Air Quality Management District
TECA Regional Fund Project 96R 102 Pagc 5
ATTACHMENT A
PROJECT SPECIFIC INFORMATION
[The section numbers shown in parenthesis below refer to Sections in the Funding Agreement.]
1.Project Sponsor: City of Palo Alto
2.Project Number: 96R102
3.Total Project Cost (Section IV. 14): $411,000
4.Total TFCA Regional Funds Awarded (Section III.2): $98,000
Matching Funds (Section II. 13): $313,000
($196,650 Prop. 1 t6; $42,000 TDA Art. 3; $36,350 City of Palo Alto; $27,000 J-PB in-kind)
6.Invoice and Payment Schedule (Section II.2):
The City of Palo Alto will submit invoices for reimbursement as Project costs are incurred, but
no more than once per calendar quarter. Invoices shall specify the time period for the invoice,
itemize staff charges to the Project, if any, indicating the number of hours worked on the
project; and itemize any payments to vendors, consultants, or contractors with an explanation of
the goods or services provided for the Project.
Final Invoice: The final invoice is to be submitted with the final report as listed on Attachment
C. The Air District will withhold 15% of the TFCA funds awarded until receipt and acceptance
of the Final Report.
7.Notices (Section IV.4):
Project Sponsor:
June Fleming
City, Manager
City, of Palo Alto
250 Hamilton Ave.
Palo Alto, CA 94301
Any written notice required is to be addressed to:
Air District:
Ellen Garvey
Air Pollution Control Officer
Bay Area Air Quality, Management District
939 Ellis Street
San Francisco, CA 94109
8.Contacts (Section IV.5): Contact persons for day-to-day activities of the Project are:
Project St~onsor:
Debra Jacobs
Public Works Engineering
(same address as above)
(415) 329-2482
Air District:
David Butch
Sr. Environmental Planner
(same address as above)
(415) 749-4641
9.Air District Approval Date (Section IV. 13): November 6, 1996
10.Special Conditions (Section II. 16): The City, of Palo Alto shall acknowledge the Air District and
the TFCA as a Project funding source on a sign at the south end of the bridge. The City shall
maintain the bike bridge in operable condition for at least 20 years from the time of completion.
TFCA Regional Fund Prqiecl 96P, 102 Page 6
ATTACHMENT B
PROJECT DESCRIPTION
The City ofPalo Alto’s TFCA funding application dated June 28, 1996 is incorporated herein by this
reference.
Project Title: Alma Street Bicycle Bridge
Project Description: The Project consists of a Class I bicycle bridge across San Francisquito Creek
and a Class I bicycle path from the intersection of Palo Alto Avenue and Alma Street in Palo Alto to
the end of Alma Street in Menlo Park. By providing a safe means to cross San Francisquito Creek,
the Project will facilitate bicycle access between Menlo Park, downtown Palo Alto, the Stanford
campus, and Stanford Shopping Center.
Project Schedule:
Project .Start Date:
Project Completion Date:
December !, 1996
July 1, 1997
Project Milestones:
Construction begins April 1997
Project Goal: The goal is to reduce motor vehicle travel and vehicle emissions by providing safe
and direct bicycle access across San Francisquito Creek from Menlo Park to Stanford and downtown
Palo Alto.
TFCA Regional Fund Projcc! 96R! 02 l’agc 7
ATTACHMENT C
MONITORING OF PROJECT PERFORMANCE
Quarterly Reports:
Due Dates: April 15, 1997; July 15, 1997
Quarterly reports shall summarize progress in Project implementation, and note any revisions
to the original Project schedule.
Project Monitoring Requirements and Final Report:
Due Date: October 1, 1998
The Final Report shall provide the following:
1.A pre-Project count of bicycle riders using the Willow/Waverly bridge from 7:00 a.m.
through 7:00 p.m. on a weekday in May 1997, showing the number of riders each hour.
2.A post-Project count of bicycle riders using the Willow/Wave@ bridge from 7:00 a.m
through 7:00 p.m. on a weekday in September 1997, showing the number of riders each
hour.
3.A pre-Project count of bicycle riders crossing San Francisquito Creek at Alma Street 7:00
a.m through 7:00 p.m. on a weekday,-showing the number of riders each hour.
4.A post-Project count of bicycle riders using the Alma Street bicycle bridge from 7:00 a.m
through 7:00 p.m. on a weekday in September 1997, showing the number of riders each
hour.
Photos of the completed Project, including the bicycle bridge, the junction of the bicycle
path with Palo Alto Avenue and Alma Street, and the junction of the path with Alma
Street in Menlo Park.
Copies of any promotional materials, press releases, newsletter articles, or other media
coverage regarding the Project.
TFCA Regional Fund Projcct 96R102 l’agc g
ORDINANCE NO.
ATTACHMENT’
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1996-97 TO ACCEPT
A GRANT AND PROVIDE AN ADDITIONAL APPROPRIATION FOR
CAPITAL IMPROVEMENT PROJECT NO. 19411, ALMA STREET BIKE
BRIDGE
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Counci! on June
24, 1996 did adopt a budget for fiscal year 1996-97; and
WHEREAS, Capital Improvement Project No. 19411, Alma Street
Bike Bridge, was originally approved in the 1993-94 adopted budget,
and project expenditures were increased in the 1996-97 adopted
budget to $298,000; and
WHEREAS, the Joint Powers Board has decided to provide in-kind
rather than financial support for a portion of the project, and
therefore project revenues and expenditures adopted in 1996-97 for
CIP 19411, Alma Street Bike Bridge, need to be reduced by $16,000;
and
WHEREAS, based upon bids received for CIP 19411, Alma Street
Bike Bridge, the cost of the project will be $440,000, necessitating
an increase in authorized expenditures of $158,000; and
WHEREAS, the Bay Area Air Quality Management District has
awarded a grant to the City of Palo Alto for $98,000 to pay for a
portion of the increased cost of CIP 19411, Alma Street Bike Bridge;
and City Council authorization is needed to accept and expend the
grant receipts; and
WHEREAS, City Council authorization is needed to amend the
1996-97 budget as hereinafte~ set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SEgTIQN i. Project expenditures in CIP 19411, Alma Street Bike
Bridge, are increased by a total of $142,000, which is the net of
the following transactions:
a. Grant revenue in the Capital Improvement Fund is decreased
by Sixteen Thousand Dollars ($16,000), and expenditures for Capita!
Improvement Project No. 19411, Alma Street Bike Bridge, are
correspondingly decreased from $298,000 to $282,000.
b. Project expenditures in CIP 19411, Alma Street Bike Bridge,
are increased by One Hundred Fifty-Eight Thousand ($158,000), and
expenditures are correspondingly increased from $282,000 to
$440,000.
SECTION 2. To fund the $158,000 increase in expenditures, the
fol!owing transactions are hereby approved:
a. The sum of $98,000, received from BAAQMD, is hereby
appropriated to the Street Improvement Fund. The sum is transferred
to the Capita! Improvement Fund, which is correspondingly increased.
b. C!P 19411 is hereby increased by the sum of $98,000.
c. The sum of Fifteen Thousand Dollars ($15,000) is hereby
transferred within the Capital Improvement Fund from CIP 19414,
Irrigation Improvements, to cIP 19411.
d. The sum of Five Thousand Dollars ($5,000) is hereby
transferred from the Street Improvement Fund to CIP 19411.
e. The sum of Forty Thousand Dollars ($40,000) is hereby
transferred from the Budget Stabilization Reserve to CIP 19411.
SECTION 3. These transactions will have the following impact:
a. Expenditures in CIP 19414, Irrigation Improvements, will
be reduced from $285,000 to $270,000.
$5,00O.
The Street Improvement Fund Reserve will be reduced by
c. The Budget Stabilization Reserve will be reduced from
$16,427,196 to $16,387.,196.
SECTION 4. As specified in Section 2.28.080(a) of the Palo
Alto Hunicipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SE~TIQN 5. On December 4, 1995, Council approved a Negative
Declaration (95-EIA-16) for this project.
SECTION 6. As provided in Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Deputy City
Admini s trat ive
Department
Manager,
Services
Director of Public Works
ATTACHMENT
Burial Policy
On Native American Burials
Discovered Before and During
Construction of the
Alma Street Bicycle Bridge and Path Project
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF PALO ALTO
AND
THE MUWEKMA OIILONE TRIBE OF THE SAN FRANCISCO BAY
DECEMBER 1996
Statement of Purpose:
The City of Palo Alto seeks to enter into a Memorandum of Agreement (MOA) with the
Muwekma Ohlone Tribe of the San Francisco .Bay for purposes of establishing a working
partnership that addresses the respectful treatment, disposition, analysis, and reburial of any
Muwekma Ohlone ancestral human remains and associated regalia inadvertently may be
discovered during the construction of the Alma Street Bicycle Bridge and Path Project in order
to allow for the appropriate treatment by the Muwekma Ohlone Tribal representatives of any
Native American human remains encountered as well as avoiding costly delays to the City of
Palo Alto.
WHEREAS, the City of Palo Alto has determined that the Alma Street Bicycle Bridge and
Path Project may disturb human remains of Native American origin; and,
WHEREAS, California Public Resource Code Section 5097.94 (page 130) requires that
recommendations of the identified tribal group for the region (Most Likely Descendants) shall
be considered when Native American remains are disturbed.
WHEREAS, the Muwekma Ohlone Tribe of the San Francisco Bay has received
acknowledgment by the Bureau of Indian Affairs (BIA) of previous recognition as a Federally
Acknowledged Tribe (letter dated May 24, 1996), and therefore is the BIA documented
"culturally affiliated tribe" of this area as defined in PL 101-106 and Section 106 of the
National Preservation Act, and whose leadership is recognized by the State of California,
Native American Heritage Commission as Most Likely Descendants (MLDs);
WHEREAS, a delay to project activities may be necessary each time human remains are
encountered while recommendations are considered;
Page 2 Alma Street Bicycle Bridge and Path Project
THEREFORE, the City of Palo Alto agrees that the undertaking shall be implemented in
accordance with the following stipulations in order to comply with California Public Resource
Code Section 5097.94 and Federal Law Public Law 101-60I and to be consistent with
recommendations of the identified tribal group (MLDs) consulted in the development of the
Burial Policy.
A.STATEMENT OF PURPOSE
The intent of this Burial Policy is to protect Native American burials, isolated human remains,
and associated grave objects from destruction prior to and during the construction phase of the
Alma Street Bicycle Bridge and Path Project and to ensure that they are treated in accordance
with the recommendations of the culturally affiliated tribe (Muwekma Ohlone Tribe’s MLDs)
in compliance with various State and Federal regulations, including provisions of Section 3002
of Tire 25 of the United States Code (25 USC 3002), and California Public Resources Code
Section 5097.98 and California Health and Safety Code Section 7050.5.
B.DESCRIPTION OF AUTHORITY
The coordination of the procedures outlined within this Burial Policy is the responsibility of
and under the authority of the City of Palo Alto.
Section 7050.5 of the California Heath and Safety C~3de states:
"In the event of discovery or recognition of any human remains in any location other
than a dedicated cemetery, there shall be no further excavation or disturbance of the
site or any nearby area reasonable suspected to overlie adjacent remains until the
coroner of the county in which the human remains are discovered has determined, in
accordance with Chapter 10 (commencing with Section 27460) of part 3 of Division 2
of Title 3 of the Government Code, that the remains are not subject to the provisions of
Section 27491 of the Government Code or any other related provisions of law
concerning the treatment and disposition of the human remains have been made to the
person responsible for the excavation, or to his or her authorized representative,
notifies the coroner of the discovery or recognition of human remains."
To assure compliance with this law, the following procedures will apply.
C.AUTHORITY TO HALT CONSTRUCTION
The construction contract will inform the contractor (and subcontractors) of the
possibility of the discovery of human remains and will require them to avoid
damage to such remains by immediately halting construction in the event of
discovery of possible human remains.
2.The City representative (i.e. Project/Construction Manager) or his/her designate
P~e3 Alma Street Bicycle Bridge and Path Project
shall have the authority and responsibility to temporarily halt construction
operations within 10 meters of a find. The construction contractor or
subcontractor and archaeologist shall maintain a log of each stoppage of work
for possible human remains, with date and time of commencement of
operations.
PROCEDURES WHEN SKELETAL REMAINS ARE FOUND
These procedures will be followed on all initial finds at identified archaeological sites and each
case for isolated finds outside identified archaeological sites.
The archeologist, Native American Monitor, or construction crew member (if
the archeologist or Native American Monitor are not present) shall inform the
construction representative that an equipment operator has been requested to
stop work due to the presence of skeletal remains. A project archeologist will
examine the find to determine if the skeletal material is human or nonhuman.
the find is human, the archaeologist will inform the City representative.
If
In compliance with California Health and Safety Code Section 7050.5, the
coroner shall be offered the assistance of the project archaeologist in providing
information about the discovery that will assist the coroner’s determination
whether the remains are Native American. If the coroner has reason to believe
that the human remains are those of a Native American, he or she is responsible
for contacting the Native American Heritage Commission by telephone within
twenty-four hours.
o Upon notice that the coroner has determined that the remains may be those of a
Native American, the City Project/Construction Manager will notify the
following:
a)The County Coordinator of Indian Affairs. If an MLD was not present at the
discovery of the find, the City Project!Construction Manager will request the
Coordinator, to provide an MLD to witness and participate in the protection of
the remains while the MLDs are contacted by the Native American Heritage
Commission. If.an MLD was present at the discovery, the Coordinator will
provide for the continued presence of an MLD until the remains are treated in
accordance with Section 5097.98 of the California Public Resources Code and
the recommendations of the MLDs, as set forth in this burial policy.
b)Native American Heritage Commission. The City Project/Construction
Manager will verify that the Commission has been contacted by the coroner and
will make arrangements to receive the recommendations from the MLDs
notified by the Commission pursuant to California Public Resources Code
Page 4 Alma Street Bicycle Bridge and Path Project
Section 5097.98(a). Such arrangements are only necessary if there is no
existing contract with local MLDs whereby the recommendations of this policy
shall be followed.
PROTECTION WHILE AWAITING RECOMMENDATIONS FROM MLDS
Protection of Native American human remains shall be accomplished by (1) keeping any
discovery confidential and, (2) protecting the archaeologically sensitive site by chain link
fence. Only those listed in Section D will be notified of a find until after it has been covered
in place or moved in accordance with the MLD’s recommendations.
TREATMENT AS RECOMMENDED BY MOST LIKELY DESCENDANTS
AND/OR LOCAL TRIBAL REPRESENTATIVES.
Human remains will be treated in accordance with the recommendations of MLDs identified
and contacted by the Native American Heritage Commission and culturally affiliated organized
tribal group (Muwekma Ohlone Tribe of the San Francisco Bay). In general,
recommendations will follow those set forth below:
1.LEAVE IN PLACE AND ANALYZE IN THE FIELD
If the grave site or find is located in an area not subject to further disturbance,
the remains will be left in place and covered with soil.
EXPOSE, ANALYZE IN THE FIELD, REMOVE FOR REBURIAL
If protection against disturbance during project construction of future
development cannot be reasonably assured, remains will be removed for
reburial. A crew of Muwekma Ohlone and/or intertribal members and/or
MLDs will excavate the remains with the guidance and assistance of a qualified
archaeologist and archaeological crew.
EXPLORE, DOCUMENT, AND ANALYZE IN A SUITABLE LAB AND
PREPARE FOR REBURIAL
o
During exposure and removal, an archaeologist, osteologist, or experienced
Native American designated by the MLD will be given the opportunity to take
measurements and make drawings and photographs as part of field analysis.
STORE TEMPORAR/LY
Each burial and associated grave objects will be stored as a unit. Burials will be
stored in a secure, locked facility on location within Santa Clara County
Page 5 Alma Street Bicycle Bridge and Path Project
approved by the MLDs.
LABORATORY ANALYSIS
The MLDs herein recommend that analysis be conducted through San Jose State
University for osteological analysis.
Go
The MLDs herein recommend that burials and selected associated grave objects
be reinterred within six months period, with a possible extension for analysis.
The burials should be buffed nearest to the site within Palo Alto, if possible.
REPORTS
Documentation of reinternments will be provided to the County of Santa Clara, to the
attention of the Coordinator of Indian Affairs, and the Coroner, Sonoma Clearing
House, Muwekma Ohlone Tribe, intertfibal members that participate in this project,
MLDs and the California Native American Heritage Commission.
A final report for the project shall include, but not be limited to, the following:
Overview of the Project including inventory of Burials, Grave Objects, Non-
Associated Artifacts
A detailed ethnohistory of the aboriginal Ohlone tribes of the Palo Alto region
and the Muwekma’s historical ties to this area.
¯Analysis of artifactual material
¯Faunal Analysis
¯Skeletal Osteological Study with nondestructive analysis
CURATION OF ARCHAEOLOGICAL MATERIAL NOT ASSOCIATED WITH
HUMAN REMAINS
The Muwekma Tribal Council, who are MLDs, herein recommend that the final project
depository will be located at a place approved by the MLDs, preferably at San Jose State
University until the Ohlones have their own secured facility, when it can be transferred at that
time to their facility.
J.DISPUTES CLAUSES
Page 6 Alma Street Bicycle Bridge and Path Project
All disputes will be brought to a meeting where all MLDs will be invited to be present to
address the dispute through a majority rule as determined by State Legal Council
(cf. Caltrans 1993).
K.CHANGES CLAUSES
Any changes will require a meeting with MLDs where a majority rule from MLDs will govern
this Burial Policy.
Page 7 Alma Street Bicycle Bridge and Path Project
BURIAL POLICY ON NATIVE AMERICAN BURIALS
FOR THE ALMA STREET BICYCLE BRIDGE AND. PATH PROJECT
SIGNATURE PAGE
City of Palo Alto
Lanie Wheeler, Mayor
ATTEST:
Gloria Young, Clerk Date
APPROVED AS TO FORM AND LEGALITY
Grant Kolling, Senior Assistant City Attorney Date
MUWEKMA TR]:BAL COUNCIL SIGNATURES
Date
Dolores Lameira
Jul’i~ Lopez "
Robert Mahine~ Jr. ....3
Katherine Perez
Concha Rodrigu,e,,z~
Susanne Rodriguez