HomeMy WebLinkAboutStaff Report 314-07City of Palo Alto
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PUBLIC WORKS12
DATE:AUGUST 6, 2007 CMR:314:07
SUBJECT:ADOPTION OF A STORM DRAINAGE ENTERPRISE FUND BUDGET
AMENDMENT ORDINANCE IN THE AMOUNT OF $2,934,577;
APPROVAL OF A GENERAL FUND LOAN TO THE STORM
DRAINAGE ENTERPRISE FUND IN THE AMOUNT OF $1,700,000;
APPROVAL OF A CONTRACT WITH PROVEN MANAGEMENT, INC.
IN THE AMOUNT OF $6,938,115 TO CONSTRUCT SAN
FRANCISQUITO CREEK STORM WATERPUMP STATION, CAPITAL
IMPROVEMENT PROGRAM PROJECT SD-06102; APPROVAL OF
AMENDMENT NUMBER 1 TO ADD A NOTTO EXCEED AMOUNT OF
$140,000 TO THE CONTRACT WITH SCHAAF & WHEELER
CONSULTING CIVIL ENGINEERS FOR ADDITIONAL ENGINEERING
SUPPORT SERVICES; AND APPROVAL OF A QUITCLAIM DEED TO
ABANDON THE OLD PROJECT EASEMENT
RECOMMENDATION
Staff recommends that Council:
Approve the attached Budget Amendment Ordinance (BAO) in the amount of
$2,934,577 (Attachment A) to provide an additional appropriation for the San
Francisquito Creek Storm Water Pump Station, Capital Improvement Program (CIP)
Project SD-06102;
2. Approve a General Fund loan to the Storm Drainage Fund in the amount of $1,700,000;
o Approve and authorize the City Manager or his designee to execute the attached contract
in the amount of $6,938,115 with Proven Management, Inc. (Attachment D) to construct
the San Francisquito Creek Storm Water Pump Station;
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Proven Management, Inc. for related, additional but
unforeseen work that may develop during the project, the .total value of which shall not
exceed $600,000;
5.Approve and authorize the City Manager or his designee to execute Amendment No. 1
to the contract with Schaaf & Wheeler Consulting Civil Engineers in the amount of
CMR:314:07 Page 1 of 9
6.$140,000 for additional services related to the pump station construction (Attachment
E); and
Authorize the City Manager or his designee to execute the quit-claim document
(Attachment F) to abandon the existing project easement previously granted by the Santa
Clara Valley Water District (District).
BACKGROUND
In 2005, the property owners of Palo Alto voted to increase their monthly storm drain fee to fund
seven major capital improvement projects over a 12-year period. The San Francisquito Creek
Storm Water Pump Station is the second and most significant of these voter-approved projects to
be awarded for construction.
On November 21, 2005, Council awarded a contract to Schaaf & Wheeler Consulting Civil
Engineers to design the San Francisquito Creek Storm Water Pump Station (CMR:409:05).
Although construction management services were not included in the scope of that contract, it
was noted that a contract amendment would be prepared to add these services if and when the
project progressed to the construction phase.
DISCUSSION
Scope of Work
This project includes the construction of a new storm water pump station, an earthen discharge
channel, and modifications to the existing storm drain outfall located adjacent to San
Francisquito Creek downstream of Highway 101. A project location and overview map is shown
on Attachment G. The purpose of the new facility is to provide improved drainage in the 1,250-
acre area of northeastern Palo Alto served by the existing 96-inch-diameter gravity outfall. The
pump station will allow the discharge of storm runoff into the creek even when the creek water
surface elevation is higher than the nearby ground surface elevations.
The new pump station will be capable of pumping storm water at a maximum rate of 300 cubic
feet per second (cfs). The completed project will also provide primary treatment for the storm
water runoff prior to its discharge into San Francisquito Creek. Treatment is achieved by bar
screens that capture trash and debris, preventing it from flowing into the creek.
The construction of the pump station also creates the opportunities for two public benefit
enhancements. The design of the station includes the establishment of a publicly accessible
trailhead at East Bayshore Road that provides a connection to the Baylands and the regional Bay
Trail. Staff is negotiating with the Santa Clara Valley Water District (District) on a joint use
agreement that will allow pedestrian and bicycle access along the District-owned San
Francisquito Creek levee between the proposed pump station and the Baylands Athletic Center.
Four parking stalls and trailhead signage will be installed adjacent to the pump station in order to
encourage public use of the trail. Staff will return to Council with the final joint use agreement
for approval later this fall. As a result of the City’s Art in Public Places policy, the pump station
building will also include an element of public art. The Public Art Commission has issued a
Request for Proposals seeking artists to submit design proposals for art to be incorporated into
CMR:314:07 Page 2 of 9
the eastern face of the structure, adjacent to the public trailhead. The Public Art Commission has
added $7,500 of its discretionary funds to the project contribution of $2,500 for the artwork.
Bid Process
A notice inviting formal bids for the project was posted at City Hall on May 30, 2007 and sent to
10 builders’ exchanges and 21 potential bidders. The bidding period was 28 days. Bids were
received from three qualified contractors on June 26, 2007 as listed on the attached bid summary
(Attachment H). Bids for the base bid work items ranged from a low bid of $6,938,115 to a high
of $7,298,000.
The low bid for the base bid work items is 26 percent above the engineer’s estimate of
$5,500,000. Staff discussed the magnitude of the bids with the bidders and learned that the bids
were higher than anticipated due to elevated concrete, steel, and fuel prices and general
construction market conditions. Contractors not submitting bids indicated that they were
constrained by the workload of preparing other bids and managing other ongoing construction
projects. Although the bids received are well above the engineer’s estimate for the project, the
fact that there were three tightly-priced bids from well-qualified contractors leads staff to
conclude that the prices are an accurate reflection of the current high-priced local construction
market.
..Summary of Bid Process
Bid Name/Number San Francisquito Creek Storm Water Pump Station,
Invitation For Bids (IFB) No. 122074
Final Completion by August 14, 2009Proposed Len~h of Project
Number of Bid Packages Delivered
to Contractor~
Number of Bid Packages Delivered
to Builder’s Exchanges
Total Days to Respond to Bid
Pre-Bid Meeting?
Number of Company Attendees at
Pre-Bid Meeting
Number of Bids Received:
Bid Price Range
21
10
28
Yes
8
3
Low bid $6,938,115 to a high of $7,298,000
The Certification of Nondiscrimination is provided as Attachment I.
Staff recommends that the base bid of $6,938,115 submitted by Proven Management, Inc. be
accepted and that Proven Management, Inc. be declared the lowest responsible bidder. The
construction contingency amount of $600,000 (which equals 10 percent of the contract award
amount) is requested to resolve unforeseen problems and/or conflicts that may arise during the
construction period. Staff checked references supplied by the contractor for previous work
performed and found that the contractor has a history of satisfactory performance and a long
resume of large-scale general engineering construction projects. Staff also checked with the
Contractor’s State License Board and found that the contractor has an active license on file and is
in good standing with the Board.
CMR:314:07 Page 3 of 9
As the low bid exceeds the budget established for the San Francisquito Creek Storm Water Pump
Station CIP, staff will work with the low bidder to identify cost-saving changes that can be made
to the project design in order to reduce construction costs. Based upon preliminary discussions
with the design engineer and the low bidder, it is expected that several non-essential components
of the pump station can be deleted without affecting its functionality. In addition, staff
recommends that the construction of the feeder storm drain, which is an essential element of the
pump station, be deferred because it is likely that lower bid prices can be secured from a
specialty contractor if the storm drain is rebid as a separate construction project. Staff proposes
that the storm drain be rebid in Spring 2008 and funded in the FY 2008-09 Storm Drainage Fund
CIP budget. Finally, the construction contract contains value engineering provisions that
encourage the contractor to propose cost-saving ideas in exchange for a percentage of the funds
saved. It is expected that the combination of these measures will result in a cost savings of at
least $700,000. If these cost savings are achieved, the amount of the General Fund loan will be
reduced accordingly.
Amendment No. 1 to Design Contract
Staff has negotiated with the project design consultant, Schaaf & Wheeler Consulting Civil
Engineers, to perform services to support staff during the construction of the San Francisquito
Creek Storm Water Pump Station. Services to be provided include the review of contractor
submittals, attendance at weekly construction meetings with City staff and the contractor, review
of potential construction contract change orders, and issuance of clarifications to the contract
documents during construction. Attachment E is a contract amendment in the amount of
$140,000 for the additional construction management services to be performed by Schaaf &
Wheeler Consulting Civil Engineers.
Pro_iect Coordination
The project has been coordinated with the City of East Palo Alto and the San Francisquito Creek
Joint Powers Authority (JPA) to ensure the minimization of impacts to the creek and the
neighboring community. The pump station has been set back away from the creek in order to
preserve the option of creek widening in the future as part of the joint US Army Corps of
Engineers/JPA flood management project. Staff and the design consultant have also developed
an operating protocol for the pump station that provides for the automatic shutdown of the
pumps when the creek reaches a critical stage, in order to avoid the inducement of flooding along
San Francisquito Creek. Staff intends to prepare a Memorandum of Understanding (MOU) that
documents the pump station operating protocol and commits the City to follow its provisions.
Staff will ask the other JPA member agencies to participate in the MOU and will return to
Council in the fall to seek its approval.
Real Estate Issues
The storm water pump station will be constructed at 2027 East Bayshore Road on land owned by
the Santa Clara Valley Water District (District) within an easement to be granted to the City. An
easement for the facility adjacent to the creek was originally granted to the City in May 2004 as
part of the District’s Matadero/Barron Creek Remediation Project. During the design phase of
that project, the District granted the City an easement for the pump station in exchange for a
similarly-sized easement within the City of Palo Alto Municipal Services Center (MSC).
CMR:314:07 Page 4 of 9
In an effort to minimize the chances of a costly future relocation of this pump station, and in
response to District staff’s timely recommendation, City staff agreed to relocate the proposed
pump station further from the creek bank to an area outside the previously granted easement.
The revised project location will allow for potential future modifications to San Francisquito
Creek. However, this design modification requires changes to the existing easement. On July
10, 2007 the District Board of Directors provided conceptual approval of the new easements and
granted right-of-entry to the City for construction of this project. The District Board gave its
chief executive officer authority to sign the final easement document, pending final review of the
technical details by staff. Since the original easement is no longer needed, staff requests that
Council approve the attached quit-claim document relinquishing rights to the obsolete easement
(Attachment F).
Staff has also coordinated extensively over the past two years with Ciardella’s Garden Supply,
the District’s current tenant at the pump station site. The owners of Ciardella’s Garden Supply
were notified in April 2006 that their lease with the District would not be extended beyond May
2007. The City’s Economic Resources Manager provided assistance to the business in finding a
new location within Palo Alto. On April 11, 2007 the Planning and Transportation Commission
recommended that approximately 1.1 acres of land at the southwest coruer of the Caltrans right-
of-way at San Antonio Avenue and Highway 101 be rezoned from a Public Facilities (PF)
district to a General Manufacturing (GM) district. This rezoning allowed Ciardella’s Garden
Supply to secure a lease from Caltrans for that location. Ciardella’s has been leasing the pump
station site from the District on a month-to-month basis and plans to relocate to the Caltrans site
in August.
RESOURCE IMPACT
The total cost of the recommended construction contract, construction contingency, desi~on
contract amendment, and expected miscellaneous construction stage expenditures exceeds the
available budget in Storm Drainage Fund Capital Improvement Program Project SD-06102.
Staff and the Storm Drain Oversight Committee alerted the Finance Committee to the likelihood
of this occurrence during the FY 2007-08 budget hearings. This is another example of the fact
that construction costs are far outpacing the general rate of inflation. As previously noted to the
Finance Committee, Storm Drainage Fund sales revenue (which cannot be increased beyond the
general rate of local inflation in accordance with the ballot measure approved by property owners
in 2005) will likely be insufficient to fully fund the recommended storm drain capital projects.
As a result, staff recommends that funds from other storm drain projects be diverted to the storm
water pump station project and a General Fund loan be made in order to provide the required
funding. Staff and the Storm Drain Oversight Committee have previously concurred that the
pump station is the highest priority storm drain capital improvement and have recommended that
funds from other lower priority projects be transferred.
The attached budget amendment ordinance would transfer $1,234,577 of previously budgeted
funds from the following storm drain capital improvement projects to the San Francisquito Creek
Storm Water Pump Station Project (Storm Drainage Fund Capital Improvement Program Project
SD-06102):
CMR:314:07 Page 5 of 9
Storm Drainage Fund Capital Improvement Program Project SD-06104
(Connect Clara Drive Storm Drains to Matadero Pump Station)
$ 914,000
Storm Drainage Fund Capital Improvement Program Project SD-06103
(Extend GailenfBibbits Storm Drain Outfall to Adobe Pump Station)
$105,000
Storm Drainage Fund Capital Improvement Program Project SD-88070
(Storm Drain CIP Administration)
$ 215,577
As a result of the recommended transfer of funds, Project SD-06104 will be deferred indefinitely.
Project SD-06103 has been completed, and the remaining funds are no longer required. Project
SD-88070 represents the remainder of capital funds that existed within the Storm Drainage Fund
from the period prior to the approval of the Storm Drainage Fee increase in 2005 and were not
earmarked for any specific purpose.
Staff also recommends that a loan to the Storm Drainage Fund in the amount of $1,700,000 be
made from the General Fund Budget Stabilization Reserve (BSR). A portion of the loan
(estimated to be approximately $700,000) will be returned upon the execution of a contract
change order for project cost-saving measures negotiated with the contractor. The remainder of
the loan will be paid back over a period of three years at an interest rate commensurate with the
Reserve’s annual rate of return on investment. The Storm Drainage Fund has adequate annual
revenue to cover the repayment of the loan, although the additional debt service will reduce the
amount of other storm drain capital improvements that could otherwise be funded between FY
2008-09 and FY 2010-11.
ALTERNATIVES TO STAFF RECOMMENDATION
Staff recommends proceeding with the award of a construction contract at this time in order to
avoid the loss of the regulatory permits secured for the project and the impacts of continuing
construction cost escalation. The following alternatives to the staff recommendation are offered
for Council’s consideration.
Prqiect Alternative 1 - Reject Bids
Under this scenario, C~uncil would reject bids and direct staff to either 1) rebid the project in
phases over two fiscal years to fit the available funding, 2) rebid the complete project in FY
2008-09 after additional Storm Drainage Fund CIP funds become available (it is anticipated that
the FY 2008-09 Storm Drainage Fund CIP budget will be approximately $1.4 million), or 3) not
build the pump station. In light of the bids received, staff does not believe that a functional
pump station can be constructed using only Storm Drainage Fund monies available in the current
fiscal year. Without the General Fund loan, the project would either have to be broken into
phases over two fiscal years or deferred until FY 2008-09. Under either of these scenarios, the
project would need to be scaled back in order to pay for it using only Storm Drainage Fund
monies. If the project were rebid, staff believes that there would be significant risk of even
higher bid prices in light of current construction market conditions. In addition, staff would need
to resecure the multiple regulatory permits for the project if it is delayed beyond its current
schedule. Staff considers the San Francisquito Creek Storm Water Pump Station to be the
highest priority capital need in the City’s storm drain system, and therefore does not support the
CMR:314:07 Page 6 of 9
no-build option. Based on the drawbacks discussed above, staff does not recommend this
alternative.
Project Alternative 2 - Inter-Fund Loan From Another Enterprise Fund
Under this scenario, the $1,700,000 loan would be made from one of the City’s other Enterprise
Funds rather than from the General Fund. Staff considered each of the Enterprise Funds as a
potential source of the loan, but each of the Funds has constraints that make it less desirable than
the General Fund, as summarized below:
Electric Fund: During 2007-08, the Electric Fund will be drawing down its Rate Stabilization
Reserve (RSR) significantly. Rainfall and snow pack conditions last winter were way below
normal, which will cause a shortfall in hydroelectric power supply from the Western Area Power
Administration. There will be a need to use reserves to purchase electricity on the open market
where prices will be high. In addition, should lower than normal rainfalls persist into the coming
winter, a further drawdown may be necessary in 2008-09. For these reasons, a loan by the
Electric RSR is not recommended at this time.
Gas Fund: The Gas Fund’s RSR is expected to be below the minimum Council policy
guidelines in both 2007-08 and 2008-09. Rate increases in these years will strengthen the
reserves, but additional funding will be necessary. Because of the RSR balances and the
volatility of gas commodity-prices, a loan from the Gas Fund is not recommended.
Water Fund: Through successive, 10 percent water rate increases in 2007-08 and 2008-09, the
Water Fund’s RSR is anticipated to be slightly above minimal levels at the end of 2007-08, but
below the minimum guideline level at the end of 2008-09. Pressure on water rates and the RSR
is considerable given the pass-through capital costs for the Hetch Hetchy project and the need for
citywide capital projects. Based on this situation, a loan from the Water Fund is not feasible at
this time.
Wastewater Treatment Fund: The potential for an inter-fund loan from the Wastewater
Treatment Fund is complicated by the Fund’s complex funding mechanism, which involves the
Regional Water Quality Control Plant’s multiple partner agencies. Any loan of the Fund’s assets
would require the approval of the partners, which is considered unlikely because a loan to the
Storm Drainage Fund would provide no benefit to the partners. For this reason, a loan from the
Wastewater Treatment Fund is not recommended.
Refuse Fund: The Refuse Fund has approximately $10 million in cash. Of this, $7 million is
needed to meet the City’s liability for post closure of the landfill. The Refuse Fund Rate
Stabilization Reserve would be staff’s second choice as a source for the inter-fund loan, if
Council prefers not to use the General Fund for this purpose.
Prqiect Alternative 3 - Reduce the Scope of the Pump Station to Match Current Available
Funding
Under this scenario, Council would direct staff to identify additional items of work to exclude
from the scope of the pump station project so as to bring the total cost of the contract award and
contingency into conformance with existing funding available in the Storm Drainage Fund. Staff
has discussed this option with the low bidder and reached mutual agreement that a functional
CMR:314:07 Page 7 of 9
pump station cannot be constructed using only Storm Drainage Fund monies available in the
current fiscal year. In order to lower the project cost to match available funds, essential pump
station elements (e.g. pumps, standby electric generator) would need to be deleted from the
scope of work and rebid separately at a later date. The bid prices submitted for these particular
items are very competitive (in contrast with the high prices submitted for the project’s structural
elements, which are heavily influenced by concrete and steel prices), and staff believes that a
rebid of these items would result in higher prices. Therefore, staff does not recommend this
alternative.
POLICY IMPLICATIONS
The recommendations contained in this report are consistent with existing City policies.
TIMELINE
Construction of the San Francisquito Creek Storm Water Pump Station is expected to start in
early September 2007 and be fully completed on or before August 14, 2009. The final
completion date includes a 180-day maintenance period for project landscaping and mitigation
planting elements. The pump station is required by the project specifications to be fully
operational by October 31, 2008.
ENVIRONMENTAL REVIEW
An initial study checklist was prepared for the project and it has been determined that, with the
implementation of mitigation measures and standard conditions of approval, the project would
have a less than significant impact on the environment. The Initial Study/Mitigated Negative
Declaration was available for public review beginning January 26, 2007 through February 28,
2007. A Mitigated Negative Declaration for the project was approved by the Director of
Planning and Community Environment, upon the recommendation of the Architectural Review
Board on April 5, 2007. The Mitigated Negative Declaration satisfies the requirements under
Section 15302 of the California Environmental Quality Act (CEQA).
The project was reviewed and approved by the Architectural Review Board. The project has
been reviewed and permitted (or will be permitted) by the US Army Corps of Engineers,
Regional Water Quality Control Board, and Santa Clara Valley Water District. The State of
California Department of Fish and Game was contacted regarding the project, but did not require
a permit for the work.
ATTACHMENTS
Attachment A:Budget Amendment Ordinance
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
B:Budget Amendment Ordinances Impacting General Fund Reserves Approved-
to-Date in 2007-08
C:CIP pages for Capital Projects SD-06102, SD-06103, and SD-06104
D:Construction Contract with Proven Management Inc.
E:Design Services Contract Amendment No. 1 with Schaaf & Wheeler
F:Easement Quit-Claim Document
G:Project Location and Overview Map
H:Bid Summary
I:Certification of Nondiscrimination
CMR:314:07 Page 8 of 9
PREPARED BY:
MATTHEW A. RASCHKE
Project Engineer
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
Dire, )f Public Works
EMIL@~SON
Assistant City Manager
CC:Storm Drain Oversight Committee
Cynthia D’Agosta, San Francisquito Creek JPA
Pam Stumer, San Francisquito Watershed Council
Beau Goldie, Santa Clara Valley Water District
Alvin James, City of East Palo Alto
Larry Ciardella, Ciarde!la Garden Supply
Scott Yeaman, Yeaman Auto Body
Mitch Johnson, Palo Alto Upholstery
Tommie Roberts
Dennis Parker
CMR:314:07 Page 9 of 9
Attachment A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2007-08 TO
PROVIDE AN ADDITIONAL APPROPRIATION OF $2,934,577 TO
CAPITAL IMPROVEMENT PROGRAM (CIP)SD-06102,SAN
FRANCISQUITO CREEK STORM WATER PUMP STATION
The Counci! of the City of Palo Alto does ordain as follows:
SECTION i. The Council of the City of Pa!o Alto finds
and determines as follows:
A. Pursuant to the provisions of Section 12 of Article III of
the Charter of the City of Pa!o Alto, the Council on June ii, 2007
did adopt a budget for fiscal year 2007-08; and
B. In fiscal year 2005-06, the Council did adopt a budget for
CIP Project SD-06102, San Francisquito Creek Storm Water Pump
Station (Project), with an initial appropriation of $949,920; and
C. In fiscal year 2007-08, the Council increased the
appropriation of the Project by $4,600,000; and
D. From fiscal year 2005-06 to date, expenses related to
design elements of the Project were incurred leaving a balance of
$323,000 for the construction cost of the Project; and
E. This project was put out to bid; the low bid is higher than
the amount estimated for the Project and additional funding of
$2,934,577 is required to construct the Project; and
F. The total additional appropriation of $2,934,577 for this
project will be funded by a transfer of appropriation from a
number of CIP Storm Drain projects and a loan from the General
Fund Budget Stabilization Reserve. The details of the funding
sources are summarized in the following table; and
Funding Source
CIP SD-06104 - Connect Clara Drive Storm
Drains To Matadero Pump Station
CIP SD-06103 - Extend Gailen/Bibbits Storm
Drain Outfall To The Adobe Pump Station
CIP SD-88070, Storm Drain CIP
Administration
General Fund BSR Loan
Total
Amoun t
$914,000
$105,000
$215,577
$1,700,000
$2,934,577
G. City Council authorization is needed to amend the 2007-08
budget to make available the funds required for construction of
the Project.
SECTION 2. A General Fund loan of One Million Seven Hundred
Thousand Dollars ($1,700,000) to be paid back in three years at an
interest rate commensurate with the Reserve’s annual rate of
return is hereby made from the General Fund Budget Stabilization
Reserve to the Storm Drainage Fund.
SECTION 3. Transfer of budget into CIP Project SD-06102, San
Francisquito Creek Storm Water Pump Station from CIP Project SD-
06104 in the amount of Nine Hundred Fourteen Thousand Dollars
($914,000) reducing the appropriation in CIP Project SD-06!04 by
($914,000).
SECTION 4. Transfer of budget into CIP Project SD-06102, San
Francisquito Creek Storm Water Pump Station from CIP Project SD-
06103 in the amount of One Hundred Five Thousand Dollars
($105,000) reducing the appropriation in CIP Project SD-06103 by
($105,000).
SECTION 5. Transfer of budget into CIP Project SD-06102, San
Francisquito Creek Storm Water Pump Station from CIP Project SD-
88070 in the amount of Two Hundred Fifteen Thousand Five Hundred
Seventy-Seven Dollars ($215,577) reducing the appropriation in CIP
Project SD-88070 by ($215,577).
SECTION 6. The sum of Two Million Nine Hundred Thirty-Four
Thousand Five Hundred Seventy-Seven Dollars ($2,934,577) is hereby
appropriated to CIP Project SD-06102, San Francisquito Creek Storm
Water Pump Station.
SECTION 7. As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Counci! is
required to adopt this ordinance.
SECTION 8. As provided in Section 2.04.330 of the Palo Alto
Municipal Code, this ordinance shall become effective upon
adoption.
SECTION 9. The Council of the City of Palo Alto hereby finds
that this project is exempt from the provisions of the California
Environmental Quality Act, and therefore, no environmental impact
assessment is necessary.
//
/!
!/
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Mayor
City Manager
Director of Public Works
Director of Administrative
Services
City of Palo Alto
Attachment B
Budget Amendment Ordinances Impactin9 General Fund Reserves Approved-To-Date in 2007-08
BAO Description
Balance - July 1, 2007
07-08 Net change to reserve-adopted budget
12007-08 Projected ending balance before BAO’s
BAOs before midyear change:
2IP SD-06102 BAO (Loan to Storm Drainage Fund)
Cost Revenue
Placeholdem
AIRadyinthe
2007.08Adopted
Budget
Impact on the
General Fund
BSR
$25,220,000
$525,000
S25,745,000
($1,700,000)
Estimated Future
Year Ongoing
Costs
BSR Balance After BA O’s [$24,045,000I
IP
Attachment C
SAN FRANCISQUITO CREEK STORI WATER
PUI P STATION (SO-Ofi;’ O2)
Description: This project implements the highest priority CIP project
included in the Storm Drainage Fee increase approved in 2005. A new
pump station will be constructed at the end of an existing 96" - diameter
storm drain ouffall into San Francisquito Creek just downstream of
Highway 101. This ouffall drains a 1250-acre area of northeastern Palo
Alto. The new pump station will be constructed within an existing
easement granted to the City on land owned by Santa Clara Valley Water
District.
Justification: The pump station will allow the discharge of storm runoff
into the creek even when the creek water surface elevation is higher than
the nearby ground surface elevations.
Supplemental Information: This improvement is consistent with the
priorities established with the voter-approved storm drain rate increase.
The project will be reviewed with the Storm Drain Oversight Committee.
PY Budget
PY Actuals as of 6/30/2007
$972,949
$565,290
ClP FACTS:
¯ Continuing
¯ Project Status: Design
¯ Timeline: FY 2006-2009
¯ Overall Project Completion: 50%
¯ Percent Spent: 25.57%
¯ Managing Department: Public Works
¯ Comprehensive Plan: Policy N-24,Program N-
36
¯ Board/Commission Review: ARB, PTC,
SDOC
¯ Art in Public Places: Yes
IMPACT ANALYSIS:
¯ Environmental: An environmental impact
assessment will be required.
¯ Design Elements: ARB review will be required
for design elements.
¯ Operating: Will result in increased storm drain
maintenance expense.
¯ Telecommunications: Will be connected to
the City’s SCADA system.
Pre-Design Costs
Design Costs
Construction Costs
Other
Total Budget Request
$7,534,577 $7,534,577
$7,534,577 $7,534,577
Revenues:
Source of Funds:Storm Drainage Fund
2007-09 Budget City of Pa!o Alto 263
Attachment C
EXTEND GAILEN~IBBITS STORM DRAIN OUTFALL
TO THE ADOBE PUMP STATION (SD-I)6I( 5)
Description: This project consists of the connection of an existing gravity
storm drain outfall into Adobe Creek to the Adobe Storm Water Pump
Station through the installation of approximately !,650 linear feet of 36-
inch diameter storm drain parallel to Adobe Creek within Santa Clara
Valley Water District (SCVWD) right-of-way.
Justification: By connecting the gravity outfall to the existing pump
station, this project will allow the discharge of storm runoffinto the creek
even when the creek water surface elevation is higher than the nearby
ground surface elevations.
Supplemental Information: Other=Staff Labor
CIP FACTS:
¯ New
¯ Timeline: FY 2006-2007
¯ Managing Department: Public Works
¯ Comprehensive Plan: This project furthers Policy
N-24 and Program N-3.
IMPACT ANALYSIS:
¯ Environmeutal: Categorically exempt under Sec-
tion 15302 of CEQA.
¯ Operating: Will result in negligible increase in the
operation expense.
PY Budget
PY Actuals as of 6/30/2007
$910,589
$804,871
Pre-Design Costs
Design Costs
Construction Costs
Other
Total Budget Request
Revenues:
Source of Funds:
($105,000)
($105,000)
($105,000)
($105,000)
Storm Drainage Fund
2005-07 Budget City of Palo Alto 233
Attachment C
CIP CONNECT CLARA DR~VE STORiVi DRAINS TO
MATADERO PUrv~P STATION (SD-06104)
Description: This project consists of the connection of an existing gravity
outfall system to the Matadero Storm Water Pump Station through the
installation of approximately 2,200 linear feet of 12-inch to 36-inch
diameter storm drain along Clara Drive.
Justification: By connecting the gravity outfall to the existing pump
station, this project will allow the discharge of storm runoffinto the creek
even when the creek water surface elevation is higher than the nearby
ground surface elevations.
Supplemental Information: This improvement is consistent with the
priorities established with the voter-approved storm drain rate increase.
The project will be reviewed with the Storm Drain Oversight Committee.
PY Budget 1 $920,411
PY Actuals as of 6/30/2007 5,882
]
Pre-Design Costs
Design Costs
Construction Costs
Other
Total Budget Request
Revenues:
($914,000)
($914,000)
CIP FACTS:
¯ Continuing
¯ Project Status: Design
¯ Timeline: FY 2006-2008
¯ Overall Project Completion: 10%
¯ Percent Spent: 0.10%
¯ Managing Department: Public Works
¯ Comprehensive Plan: Policy N-24 and Pro-
gram N-36
IMPACT ANALYSIS:
¯ Environmental: Categorically exempt under
Section 15302 of CEQA.
¯ Design Elements: This project is coordinated
with street resurfacing program.
¯ Operating: Will result in negligible increase in
the operation expense.
($914,000)
($914,000)
Source of Funds:Storm Drainage Fund
247 City of Palo Alto 2006-07 Budget
ATTACHMENT D
FORMAL CONTRACT SECTION 500
CONTRACT No. C08122074
(Public Work)
Public Works Department
This Contract, number C08122074 dated is entered into by and between the City of Palo Alto, a
California Charter City ("City"), and Proven Management, Inc. ("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 Proiect and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as
follows:
Title of Project:San Francisquito Creek Storm Water Pump Station, Invitation for Bids (IFB) No. 122074
Bid:$6,93_8,115.00 (Six million nine hundred thirty-eight thousand one hundred fifteen
dollars. This total includes Base Bid only).
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.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (most current version).
Certificate of Insurance, Performance Surety Bond, Labor & Materials (Payment) Surety Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (most current version).
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 City of Palo Alto Dept. of Public Works Standard Drawings and Specifications
(most current version), 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 For Bid on terms and conditions and in amounts as may be required bythe
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
CITY OF PALO ALTO CONTRACT C08122074 PAGE 1 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
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 16 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.
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 lessen the right of City to insist upon the
performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The right
of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a
satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not shift
that obligation to the City or relieve Contractor from its obligations to complete the Work in a satisfactory
manner in compliance with the Contract requirements.
10.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 bid security 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 in employment and hazardous materials.
11.Bid Security 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 Bid Secudty as required under
CITY OF PALO ALTO CONTRACT C08122074 PAGE 2 OF 7
rev. 12/00
FORMAL CONTRACT
the Invitation For Bid.
SECTION 500
12.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:
ao Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
bo 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;
Co Any labor and services rendered and materials and equipment used or employed during the course
and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year
after the 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.
eo Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true
and correct at the time such information is submitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to
the terms and conditions of Contractor’s Bid, except as may be permitted by the 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;
ho Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project
Manager or any other person who has directly contributed to City’s decision to award the contract to
Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect
Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions,
certifications, and other written information as may be requested of Contractor by City from time to
time during the term of this Contract;
Contractor and any person performing labor and services under this Project are duly licensed by the
State of California as required by California Business & Professions Code Section 7028, as amended;
and
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
13.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.
14.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.
CITY OF PALO ALTO CONTRACT C08122074 PAGE 3 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
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.
16.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
Copy to:City of Palo Alto
Public Works Department
Engineering Division
P.O. Box 10250
Palo Alto, CA 94303
Joe Teresi, Project Manager
To Contractor:Proven Management, Inc.
706 Sansome Street
San Francisco, CA 94111
Attn: Alan Varela
17.Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article Ill, 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 17 shall control in the event of a conflict with any other provision of this Contract.
18. Miscellaneous.
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.
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 Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto Dept. of Public
Works Standard Drawings and Specifications (most current version) of this Contract are incorporated
herein by reference.
CITY OF PALO ALTO CONTRACT C08122074 PAGE 4 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
perform its obligations under this Contract which directly results from an Act of God or an act of a
superior governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the
construction or interpretation of any part of this Contract.
Incorporation of Documents. All documents constituting the Contract documents described in Section
3 hereof and all documents which may, from time to time, be referred to in any duly executed
amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part
of this Contract.
h=Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral or
written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless
such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or
other stipulation in the Contract shall define or otherwise control, establish, or limit the performance
required or permitted or to be required of or permitted by either party. All provisions, whether
covenants or conditions, shall be deemed to be both covenants and conditions.
ko Resolution. Contractor shall submit with 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.
po Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising
out of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose,
California. The intent of the parties is that the mediation shall proceed in advance of litigation;
however, if any party should commence litigation before the conclusion of mediation, such litigation,
including discovery, shall be stayed pending completion of mediation, and by executing this Contract
the parties stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule
1°15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of
California, as such rules may be amended from time to time. The parties shall share the cost of the
mediation, including the mediator’s fee, equally. Any written agreement reached in mediation shall be
enforceable pursuant to California Code of Civil Procedure § 664.6, as amended.
Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose,
California. In the event that litigation is commenced by any party hereunder, the parties agree that
CITY OF PALO ALTO
rev. 12/00
CONTRACT C08122074 PAGE 5 OF 7
FORMAL CONTRACT SECTION 500
such action shall be vested exclusively in the state courts of California in the County of Santa Clara or
in the United States District Court for the Northern District of California.
So
Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure
§ 664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable
costs, including attorney’s fees, incurred subsequent to conclusion of the mediation.
Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute
Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase
agreements which it enters into in connection with this Contract, and to require its subcontractors to
include those provisions in any sub-contracts or major material purchase agreements, such that any
mediation or litigation of any claim or dispute asserted by a subcontractor or major matedal supplier
will be consolidated with any related claim or dispute between the Contractor and the City. Should the
Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor
or material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract,
Contractor shall indemnify City for City’s costs of defense, including reasonable attomey’s fees.
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.
APPROVED ASTO FORM: -CITY OF PALO ALTO
Senior Assistant City Attorney Assistant City Manager
APPROVED:CONTRACTOR:
Director of Administrative Services
Director of Public Works
By:
Name:
Title:
By:.
Name:
Title:
(Compliance with California Corporations Code ~ 313 is required
if the entity on whose behalf this contract is signed is a
corporation. In the alternative, a certified corporate resolution
attesting to the signatory authority of the individuals signing in
their respective capacities is acceptable)
CITY OF PALO ALTO CONTRACT C08122074 PAGE 6 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
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)
CITY OF PALO ALTO CONTRACT C08122074 PAGE 7 OF 7
rev, 12/00
ATTACHMENT E
CITY OF PALO ALTO CONTRACT NO. C06113651
AMENDMENT NO. I TO CONTRACT NO. C06113651
BETWEEN THE CITY OF PALO ALTO AND
SCHAAF & WHEELER, CONSULTING CIVIL ENGINEERS
This Amendment No. 1 to contract No. C06113651 (~Contract,) is
entered into , by and between the CITY OF PALO
ALTO, a California Charter City ("CITY"), and SCHAAF & WHEELER,
CONSULTING CIVIL ENGINEERS, a California Corporation located at i00
N. Winchester Blvd., Suite 200, Santa Clara, CA 95050-6566
("CONSULTANT").
RECITALS:
WHEREAS, the Contract was entered into between the
parties for the provision of professional consulting services
relating to the design services for the San Francisquito Creek
Storm Water Pump Station (~Project=); and
WHEREAS, the parties wish to amend the Contract to
increase the scope of services and compensation;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
SECTION i. Section i, SCOPE OF SERVICES, is hereby
amended to add the following:
"The scope of services ind deliverables constituting the Project
("Basic Services") will be performed, delivered or executed by
CONSULTANT in accordance with the schedule and the requirements of
Exhibit "A" and Exhibit "A-I" for additional scope of services."
SECTION 2. Section 4, NOT TO EXCEED COMPENSATION, is
hereby amended to read as follows:
~The compensation to be paid to CONSULTANT for performance of the
Services described in Exhibits ~A" and "A-I", including both
payment for professional services and reimbursable expenses, shall
not exceed six hundred thirty-eight thousand six hundred forty-four
dollars ($638,644.00)° In the event Additional Services are
authorized, the total compensation for services and reimbursable
expenses shall not exceed six hundred eighty-eight thousand five
hundred and eight dollars ($688,508.00). The applicable rates and
schedule of payment are set out in Exhibit "C", which is attached
to and made a part of this Agreement.
1
S:ATT/USERS/OFFICE FORMS/City Approved Contracts
CITY OF PALO ALTO CONTRACT NO. C06113651
Additiona! Services, if any, shall be authorized in accordance with
and subject to the provisions of Exhibit ~C". CONSULTANT shall not
receive any compensation for Additional Services performed without
the prior written authorization of CITY. Additional Services shall
mean any work that is determined by CITY to be necessary for the
proper completion of the Project, but which is not included within
the Scope of Services described in Exhibits ~A" and ~A-I"."
SECTION 3. The following exhibit(s) to the Contract are
hereby set forth as attachment(s) to this Amendment, which are
incorporated in full by this reference:
EXHIBIT "A-I": ADDITIONAL SCOPE OF SERVICES
S:ATT/USERS/OFFICE FORMS/City ADDroved Contracts
2
CITY OF PALO A/~TO CONTRACT NO. C06113651
SECTION 4. 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.
APPROVED AS TO FORM:CITY OF PALO ALTO
Senior Asst. City Attorney Assistant City Manager
APPROVED:
Director of Administrative
Services
SCHAAF & WI{EELER, CONSULTING
CIVIL ENGINEERS
Title:
By:
Taxpayer Identification No.
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is a
corporation. In the alternative, a
certified corporate resolution
attesting to the signatory authority
of the individuals signing in their
respective capacities is acceptable).
S :ATT/USERS/OFFICE FORMS/City Approved Contracts
CITY OF PALO ALTO CONTRACT NO. C06113651
EXHIBIT ~A-I"
ADDITIONAL SCOPE OF SERVICES
DESIGN SERVICES FOR THE SAN FRANCISQUITO CREEK STORM WATER
PUMP STATION - CONSTRUCTION MANAGEMENT SERVICES PHASE
Task ii
Schaaf & Wheeler will provide construction management
services in connection with this project as follows:
a)Attending pre-construction conference. Prepare
agendas and keep meeting minutes.
b)Attending up to 24 weekly construction meetings at
City request.
c) Issuing letters of clarification as required.
d) Issuing supplemental project drawings as necessary.
e) Reviewing contractor submittals.
f)Responding to City or Contractor initiated Requests
for Information (RFIs).
g)Assisting the City with requested Contract Change
Orders (CCOs).
h)Visiting the project site during critical
construction, sequences and at City request (up to 20
requested visits).
i)Advise City on contractor completion percentages
prior to partia! payments if requested.
j)Prepare and confirm completion of contractor’s punch
list items prior to final payments.
k)Prepare final set of record drawings on mylar, based
on approved and recorded changes during
construction. Provide record drawings in digital
format for archive in ACAD (.dwg) format with
metadata text file including the date of
preparation, company name, and technician.
Contract C0611365!Amendment One Page 1 of 1
Recorded at no charge in accordance
with Government Code Section 6103
at the request of, and when record-
ed return to:
City of Pa!o Alto/Real Estate
250 Hamilton Avenue
PO Box 10250
Palo Alto, CA 94303
ATTACHMENT F
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
A.P.No.: 08-01-014
Parcel No.:
Project:
QUITCLAIM DEED
The CITY OF PALO ALTO, a municipal corporation, does hereby
remise, release and quitclaim to:
SANTA CLARA VALLEY WATER DISTRICT, a public corporation
that certain real property in the City Palo Alto, County of Santa
Clara, State of California, described in Exhibit A and shown in
Exhibit B in the attached grant of easement originally recorded
on May 25, 2004, hereto and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument by proper person duly authorized as of the day and
year first herein written.
Emily Harrison, Assistant City Manager
APPROVALS
Approved as to Form
St. Asst. City Attorney
Approved as to Content
Director of Public Works
STATE OF CALIFORNIA )
COLINTY OF SANTA CLARA )
On , 2007, before me,
( NOT-~-RY )
a notary public, personally appeared
SIGNER {S)
personally known to me -or- proved to me on the basis of
satisfactory evidence to be the person(s) whose name 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.
NOTARY ’ S SIGNATURE
00CUMENT:17808838
RECORD WITHOUT FI-2E UNDER SECTION 6103
GOVERNMENT CODE OFTHE STATE OF CALIFORNIA BRENDA DAVI S
When Recorded Return to: SANTA CLARA COUNTY RECORDER
Recor(Jed at the request ofCITY OF PALO ALTO/REAL ESTATE
2~0 Hamilton Avenue Transport at i on D i s’~ r Jot
P.O. Box 10250
Paid Alto, CA 95303
F~e~.
Taxes .
CopieS.
AMT PAID
~ No Fees
ROE ~ 004
5/25/2004
2:31PH
.SPACE ABOVE THIS LINE FOR KECORDER’S USE
GRANT OF EASEMENT
DOGUMENI Nee: 1028-73,01,1028-70,01
APN: 0B-01,014
THIS GRANT OF EASEMEI~IT iS made and entered Into as of _~l~’r.~. ~;~ ,2004, by and
between the Santa Clara Valley Water District, a public corporation (GRANTOR) hereby
granting to, THE CITYOF PALe ALTO, a munlclpal corporation (GRANTEE), a non-exclusive
easement to construct, reconstruct, inspect, maintain and repair a storm water pump facility,
piping and appurtenant structures In, under and through that certain real property in the City of
Pale Alto, County of Santa Clara, State of California, described in Exhibit "A" and shown on
Exhibit "B" ("easement area")which exhibits are attached hereto, and made a part hereof,
subject to the following conditions:
1) The easement shall include the dght to construct, reconstruct, Inspect, maintain, and
repair a pump station, and appurtenant structures, together with the right to trim or
remove such trees or brush within the easement area as may constitute a hazard to
persons or property or may Interiors with the use of the said area for the purposes
granted, It also shall Include the .right to enter upon said land with vehicles, tools,
implements, and other materials for the construction, maintenance and repair of said
pump station and appurtenant structures by said Grantee, its officers, agents, and
employees and by persons under contraot with it and their employees whenever and
wherever necessary,
2) Grantee and its employees, agents and contraotors shall comply with all app]lcabM
local, state, and federal laws and regulations including those laws which govern worker
health and safety and reporting the use, handling, treatment, removal, or disposal of
toxic or hazardous substances, materials or wastes, which may exist on the property
(hereinafter "Hazardous Materials") and the presence of which Grantee or its
employees~ agents and/or contractors become aware either before or during the course
of exercising the rights granted under this Easement.
3) Grantee shall obtain or cause to be obtained all required regulatory and governmental
permits and Itcenses necessary to perform the work hereunder; shall conduct its
operations on the property so as to avoid unfavorable impact upon the environment;
shall comply with all applicable provisions of the Environmental Quality Act of 1970
(Oallfomla Publ_!c Resources Code, Sectlons 2100D. ~.); and shall take all requi~;ed
steps to minimize dust and noise In conformance with neighborhood and governmental
standards.
4) Prior to exercising the rights granted under this GRANT OF EASEMENT, Grantee
shall provide Grantor with a letter of self-Insurance acceptable to Grantor’s Risk
Manager. Additionally, prior to starting work, the Grantee’s contractor shall provide
Grantor certificates showing Grantor as an additional insured party as to all insurance
coverage provided concerning Grantee’s activities on the PROPERTY under this
GRANT OF EASEMENT. The following policies of Insurance shall be obtained and
malnlalned by the Grantee’s contractors In the amounts specified herein:
a) Commercial general liability Insurance with a minimum limit of not less than
two mi!llon dollars ($2,000.000.00) per occurrence (comblned single limit) for
bodily injury and property damage, and. not less than two million dollars
($2,000.000.00) aggregate, for each personal Injury liability, products-completed
operations, premises operations, blanket contractual, and each accident.
b) Automobile liabilily insurance for owned and non-owned, leased and rented
vehicles .with a minimum Ilmlt of not less than two million dolla.rs ($2,000.000.00)
pet occurrence (combined single limit) for bodily Injury and property damage;
c) Works-re’ Compensation In accordance with the Laws of the State of California,
providing coverage for all employees o! the Grantee’s contractor;
d) Such commercial general liability insurance shall name the Grantee, its board
members,officers, employees, and agents as additional insureds as respects any
liability arising out of the Grantee’s contractors performance of work under this
Agreement. Coverage shall be provided In accordance with the limits specified
and the condlllons indicated therein. Claims-made policies are not acceptable.
Such Insurance shall not be canceled until the Grantor has received at least thirty
(30) days’ prior wdtten notice of such cancellation, except for 10 day notice for
non-payment of premium. The Grantee’s contractors shall be responsible for
notifying the Grantor of such change or cancellation;
e) The Grants.o’s sell-insurance and/or Grantee’s contractors Insurance Is
considered pdmary as respects any other valid or collectible Insurance that the
Grantor may possess, Including any other self;Insured retenllon’s the Grantor may
have, and any other insurance the Grantor possesses shall be considered excess
Insurance only and shall not be required to contribute wlth this Insurance; and,
f) Any insurance carrier of the Grantor’s contractor shall be admitted and
authorized to transact Insurance business In the State of California and shall be
rated at least A-:VII in Beat’s Key Rating Guide.
5. Grantee agrees to Indemnify, defend, and hold harmless Grantor and Its officers,
agents, and employees against all lose, damage, liability, and liability for damages,
resulting from or arising out of Grantee’s operations upon the easement area, including
activities of Grantee’s employees, agents or contractors, except as such loss or damage
as Is caused by or arises out of the active negligence or willful misconduct of Grantor, ~ts
agents, officers or employees. The foregoing shall include any loss, damage, clalm, or
liability for dam_ages or Injury caused by or resulting from gensratlon of Hazardous
Materials, or the creation of Increased hazard from exlstlng materials arising from the
operations of Grantee, Its employees, agents or contractors.
6. Grantee shall bear sole cost and responsibility for maintenance and repair of the
pump station and appurtenant piping and structures. In lhe event that the pump station
needs to be relocated because Grantor’s operations require such relocation, the cost of
relocating the structures to property supplied by the GRANTEE shall be borne by the
GRANTOR.
7. Grantee shall make any excavation, or perform any construction to the reasonable
sallsfactlon of Grantor and shall restore any flood control levees, floodwalls,
landscaping, Irrigation, underground utilities, or structural facilities damaged or
destroyed by Grantee.
8. Grantee shall provide Grantor with copies of all reports, test data, maps, and other
documentation prepared concerning the work at the easement area.
9. Grantee agrees to notify Grantor of the location and extent of any future work and
obtain Grantor’s written consent, which shall not be unreasonably withheld or delayed,
and any required permits prior to commencement thereof.
10.Grantor reserves the right to make all use of the easement property that does notunreasonably Interfere with the easement, including the right to lease the area,
excluding the right to plant Irees and installation of permanent structures. No addlllonaluse shall be granted within the easemer~t area without the prior written consent and
approval of Grantee. Grantee’s consent and approval shall not be unreasonably
withheld or delayed. In addition to Grantee’s written consent Grantor shall comply with
all applicable governmental requireme.nts, Including obtaining necessary permits andapprovals.
11. Grantor shall also have the right to mark the location of said described easement
area by suitable markers, but said markers shall be placed in fences or other locations
which will not interiors with any reasonable use Grantee shall make of said easement
area.
12. Grantee shall at all-times observe and comply, and cause all of Its subcontractors
and employees, If any, to observe and comply with all existing and future federal,state,
local laws, ordinances, regulatlons
IN WITNESS WHEREOF, the parties hereto have executed this instrument by proper person’s
thereunto duly authorized as of the day and year first herein written.
Santa Clara Valley Water District
ATTEST;’~![Z~]~’~ A. ]~L~.IS
~’.]~ PRO ~f
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA)
COUNTY OF SANTA CLARA)
On~/~ ~ -~0.04, hero, re me,
pe~onally appeared
~ personall~known to me -or- ~ proved to me on th~ bas~s of satisfacto~ evidence to bethe person~whose name ~sl~subs~dbed to the within lnst~ment and a~know]edged to me
that he/~ executed the same In h[s/~ autho~zed capa~lty~ and that by
h~s/~ s]gnsture~on thoinstrument 1he perso~ o~ the entity upon behalf of which the
person~ acted, executed the instrument.WITNESS my hand #rid ~fficlal seal,
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within deed or grant to the
City of Palo Alto, a municipal corporation, is hereby accepted by the undersigned officer or
agent on behalf of the Council of the City of Palo Alto, pursuant to authority conferred by ’
resolution of the sald Council adopted on March 15, 1971, and the City of Palo Alto consents to
recordation there of by Its.duly authorized
Dated. [~/’J.’.~."~!cq,~y BY:~,~(~//.~
APPROVED A8 TO FORM:
Assistant Senior Atto~ey
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA)
COUNTY OF SANTA CLARA)
(NOTN~Y)
personally appeared ....
~t~NER{~)
~ personally known to me -or-
the pemon~ whose name isl~ subscribed to the withtn instrument and acknowledged to me
that ~he~. executed the same ln.~thefl~authodzed capaci~(~, and that by
~hefl~ signature(~) on the instrument the parso~, or the entity upon behalf of which the
person(~ a~ed, executed the instrument.
WITNESS my hand and o~ct~l s~al.
Noia~ Publ]~ ’
A.P.NO.008-001-014 November 20, 2002
2027 EastBayshore Road
Description of Easement "A"
A portion of real property situatd in th~ City of Palo Alto, County of Santa Clara, Stat~ of
California more particularly described as follows;
Beginning at the ’~True Point of Beginning" as d~sor~b~d in the Corporation Grant Deed in Book
1363 Page 187 recorded May 18, 1946 in the office of the County Recorder of the’County of
Santa Clara, State of California;
THENCE along the w~sterly line of Lot 7 of the Greer Partition, recorded on March 21,
1889 in Book "D" of Maps, at page 79, North 19’ 55" West 286.71 feet to the southerly llne of
the San Frandsqtfito Creek;
THENCE along said southerly llne of San Franrisquito Creek, North 52* 09’ EaSt 28,99
(29.00) feet;
THENCE South 71 o 56’ East 5 I. 18 fe~t to a nondangent curve, concave southerly having
radius of 205.00 feet; to a point which a radial line braes North 13~ 44’ 03" West;
THENCE easterly 32.69 feet along said curve through a central ap, gle 09~ 08’ 1
THENCE .leaving said southerly line of San Ffaneisqulto Creek South 19" 55" E~st
50.00 feet;
THENCE South 70* 05’ West 80.00 Feet to a point being 20 feet from the westerly line
of said Lot 7;
.THENCE parallel with the westerly line of said Lot 7, South 19" 55’ East 208.05 feet to
the southerly line of said Greet Partition;
THENCE South 70° 05’ West 20,00 feet to th~ Point of Beginning.
~,.~~/~. ~.
, ," "
Easement "A" contains 11067 square feet (0,25 acres) more or less.
Easement "A" is shown on attached map Exhibit "B" and made a part hereof.
;...: :,r
This easement is not a subdivision and creates no new parcels.
END OF DESCRIPTION
Requested By.’ Matt Rasehke ~CJ~eeked By..: ./ames T. Bourquin.
Checked By.: Jay E. Remley, SR,
Expires 6-30-03
JAMES DAVID KIEI-IL P.L.S. 7152
LEGAL: 8114.dec PLAT: exhibit B - se!02302.DWG main 801014.DWG
TITLE REPORT: North American Title Company 56901-52990466-PRT September 20,
2002
EXHIBIT
EXHIBIT
!
EASEMENT FOR PUMP STATION
EAST BAYSHORE ROAD AND
SAN FRANCISQUITO CREEK
CITY OF CALIFORNIA
/
I
REVISI[]N~ (4) tl/t~/OEREV(S(DN, (3)REVISION, (£)REVISION, (I) OB/OB/aO0~
ATTACHMENT G
PROJECT
LOCATION
d -:::!il :::::::÷
~ (SHADED) L
PROJECT LOCATIO
O SAN FRANCISQUITO CREEK
STORM WATER PUMP STATION
2027 Eost Boyshore Rood,Polo Alto, CA
1" 4000’ ..
,Job Nm CIP SD-06102 ATTACHMENT
Designed By :Approved:
Dro~fn By :Dote :
MAR 07/30/2007
Checked By :FILE:
CMR_ATTACH
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ATTACHMENT H
ATTACHMENT ~
CERTIFICATION OF NONDISCRIMINATION
PROJECT:San Francisquito Creek Storm Water Pump, Station
FORM 410
Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto in excess
of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in the performance of
this contract they will not discriminate in employment of any person because of race, skin color, gender, age,
religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person; and further certify that they are in compliance with all Federal, State and local
directives and executive orders regarding nondiscrimination in employment.
Firm: Proven Management, Inc.
Title of Officer Signing: Pr,es/~,’~ ~nt
DATE: June 26, 2007
CITY OF PALO ALTO IFB 122074 PAGE 1 OF 1