HomeMy WebLinkAboutStaff Report 315-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: UTILITIES
DATE: JUL Y 20, 2009 CMR: 315:09
REPORT TYPE: CONSENT
SUBJECT: Approval of a Utilities Enterprise Fund Contract with Ranger
Pipelines Inc. in a Total Not to Exceed Amount of $5,227,975 for
Capital Improvement Program WS-07003, Water Main Replacement
Project 21 (WMR Project 21) and WS-08017, Water Main
Replacement Project 22 (WMR Project 22), in the Crescent Park,
Community Center, Old Palo Alto, Evergreen Park, and Ventura
Subdivisions and Approval of a Budget Amendment Ordinance to
Increase Appropriations in a Total Amount of $286,709 for WMR
Project 21 and WMR Project 22
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or his designee to
execute the attached contract with Ranger Pipelines Inc. (Attachment A) in a total not to exceed
amount of $5,227,975 for the Capital Improvement Program (CIP) WS-07003 (Water Main
Replacement (WMR) Project 21) and WS-080 17 (Water Main Replacement (WMR) Project 22).
Staff also recommends that Council approve and authorize the City Manager or his designee to
, negotiate and execute one or more change orders to the contract with Ranger Pipelines Inc. for
related additional but unforeseen work, which may develop during the project, the total value of
which shall not exceed $522,796 (which represents 10% of the contract amount).
Staff also recommends that Council approve a Budget Amendment Ordinance (BAO) to increase
appropriation to WMR Project 21 by $262,017 and increase appropriation to WMR Project 22 by
$24,692.
DISCUSSION
Project Description
The work to be performed under the contract is for installation of 33,515 linear feet of new high
density polyethylene (HDPE) water main, 51 new fire hydrants, 14 copper new customer
services, and service stubs to reconnect 669 existing customer copper services and to reconnect
13 existing fire services within the city limits of Palo Alto. The project will replace mains on
(project locations are shown in Attachment C):
CMR: 315:09 Page 1 of5
• Alma Street (Tennyson to North California)
• Cambridge Avenue (EI Camino Real to Park Blvd.)
• Cedar Street (Harker to Hopkins)
• Channing Avenue (Guinda to Newell)
• Chaucer Street (University to Hamilton)
• Greenwood Avenue (Melville to Harriet)
• Greenwood A venue (Hutchinson to Newell)
• Hamilton Avenue (Chaucer to Lincoln)
• Harker A venue (Melville to Newell)
• Harriet Street (Channing to Hopkins)
• Hutchinson Avenue (Harker to Channing)
• Santa Rita Avenue (Alma to Bryant)
• Center Street (University to Hamilton)
• Chestnut Avenue (Park to Ash)
• Dana Avenue (Lincoln to Center)
• EI Camino Real (Ventura to Los Robles)
• Forest Avenue (Boyce to Center)
• Hamilton A venue (Lincoln to Newell)
• Island Drive (Hamilton to Edgewood)
• Lincoln Avenue (Hamilton to Channing)
• Lytton Avenue (Cowper to Webster)
• Melville Avenue (Alma to Emerson)
• Oregon Avenue (Middlefield to Ross)
• Pitman Avenue (Lincoln to Newell)
-Ross Road (Garland to Oregon)
The project continues a 26-year replacement program for the cast iron portion of the City's water
distribution system and other failing mains.
As the City's water distribution system ages, it becomes necessary to replace existing water
mains that begin to show signs of extensive corrosion or become subject to recurring breaks,
typically cast iron pipes. The old mains are also inadequate in size to maintain the required flow
and pressure for fire protection. This project will replace mains indentified by staff as subject to
breakage. Replacing the water distribution system mains with High Density Polyethylene
(HDPE) pipe will eliminate leaks in the project area, increase the reliability of the water
distribution system, improve the quality of supplied water, and facilitate maintenance of the
required flow and pressure for fire protection.
The work is being performed by contract because the project resource requirements are beyond
the City's personnel and equipment capacity.
CMR: 315:09 Page 2 of5
S fB'dP umman' 0 I rocess
Bid NamelNumber Water Main Replacement Project 21, CIP WS-07003 and
Water Main Replacement Project 22, CIP WS-080 17, IFB
Number 131450
Proposed Length of Project 300 calendar days
Number of Bids Mailed to 15
Contractors
Number of Bids Mailed to Builder's 10
Exchanges
Total Days to Respond to Bid 23
Pre-Bid Meeting? Yes (Mandatory)
Number of Company Attendees at 12
Pre-Bid Meeting
Number of Bids Received: 2
Bid Pri "no From a low of $5,227,975 to a high of $7,025,665
*Bid summary provided in Attachment B.
Staff has reviewed all bids submitted and recommends that the bid of $5,227,975 submitted by
Ranger Pipelines Inc be accepted and that Ranger Pipelines Inc be declared the lowest
responsible bidder. The bid is 5 percent below the staff engineer's estimate of $5,502,120. The
change order amount of $522,795.50, which equals 10 percent of the total contract, is requested
for additional unforeseen work that may develop during the project.
Staff confirmed with the Contractor's State License Board that the contractor has an active
license on file. Staff checked references supplied by the contractor for previous work performed
and found no significant complaints.
PROJECT COORDINATION
The work for the project has been and will continue to be coordinated with the Public Works
Department at the monthly UtilitieslPublic Works coordination meetings. Project coordination
within the City is enhanced by using the City's Geographical Information System Project
Coordinator Program for staff discussions on potential project conflicts. The project conflicts are
resolved by staff at the monthly coordination meetings. Staffs WMR Projects 21 and 22
communications will include project notifications mailed to all residents and businesses along
the project alignment. Links to the WMR Projects 21 and 22 website will be included in the
mailed project notifications. Construction on the project will most likely start in September
2009.
RESOURCE IMPACT
In FY 2007 through FY 2009, Council approved a total appropriation of $3,026,000 and
$2,963,000 for WMR Project 21 and WMR Project 22, respectively, to cover the costs of the
design and construction of the projects.
Costs were incurred for the design leaving a balance of $2,752,718 for WMR Project 21 and
$2,920,594 for WMR Project 22 for the construction costs and other related expenses (such as
street cut fees). The remaining balances are insufficient to cover the construction costs, and a
CMR: 315:09 Page 3 of5
Budget Amendment Ordinance is necessary to increase appropriation of these projects. $262,017
is needed for WMR Project 21; this will be funded by transferring a portion of the remaining
appropriations from the completed WMR Project 20 ($180,000) in addition to a fund transfer
from the Water Rate Stabilization Reserve ($82,017). WMR Project 22 needed $24,692; this will
be funded by the Water Rate Stabilization Reserve.
The following table summarizes the transactions affecting WMR Project 21 and Project 22.
Description WS-07003 WS-08017 Total
Project 21 Project 22
Total Appropriations from $3,026,000 $2,963,000 $5,989,000
FY 2007 through FY 2009
Less: Design Costs $273,282 $42,406 $315,688
Balance Available After $2,752,718 $2,920,594 $5,673,312
Design Costs ~ ....
$127,232 $82,017 $209,249 Less: Street Cut Fees
Less: Construction Costs $2,887,503 $2,863,269 $5,750,772
(including 10%
contingency)
. Amount Needed for $262,017 $24,692 $286,709
, Additional Appropriation
Funding Sources Transfer of Water Rate
appropriation from Stabilization
CIP Project WS-Reserve
06002 (WMR
Project 20) of
$180,000 and
$82,017 from
Water Rate
Stabilization
Reserve
POLICY IMPLICATIONS
Water Main Replacement Projects 21 and 22 were approved by Council as part of the FY 2008-
09 CIP budget approval process. The approval of this Water Enterprise Fund contract is
consistent with existing City policies. This recommendation is consistent with the Council-
approved Utilities Strategic Plan Key Strategy No.1, "Operate distribution system in a cost
effective manner," Strategy No.7, "Implement programs that improve the quality of the
environment" and Objective No.2, "Invest in utility infrastructure to deliver reliable service."
ENVIRONMENTAL REVIEW
These projects are categorically exempt from California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Sections 15301 (b) repair, maintenance of existing facilities and
15 302 (c) replacement or reconstruction of existing facilities.
CMR: 315:09 Page 4 of5
I
ATTACHMENTS
A: Contract
B: Bid Summary
C: Project Map
D: Budget Amendment Ordinance
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
CMR: 315:09
Aleksandr Pishchik, Senior Project Enginee~ p
Greg Scoby, WOW Engineering Manage~~~
Tomm Marshall, Assistant Utilities Direct~
VALERI~
Director of Utilities
Page 5 of5
CONTRACT No. C10131450
(Public Work)
Utilities Department
ATTACHMENT A
This Contract, number C10131450 dated ___ is entered into by and between the City of Palo Alto, a California
Charter City and a municipal corporation of the State of California ("City"), and Ranger Pipelines Inc. ("Contractor").
For and in consideration of the covenants, terms, and conditions (*the provisions*) of this Contract, City and Contractor
("the parties") agree:
1. 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.
2. 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: Water Main Replacements 21 and 22, Invitation for Bids (lFB) No. 131450
Bid: $5.227,975
3. Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the
City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving
inconsistencies between and among the provisions of this Contract, these· documents and the provisions
thereof are set forth in the following descending order of precedence.
a. This Contract.
b. Invitation for Bid.
c. Project Specifications.
d. Drawings.
e. Change Orders.
f. Bid.
g. Supplementary Conditions.
h. General Conditions.
I. City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (2007).
j. Certificate of Insurance, Performance Surety Bond, Labor & Materials (Payment) Surety Bond.
k. 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 (2007).
I. Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
4. 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
(1992), or, if no time is stated, within thirty (30) Days ofthe date of receipt of Contractor's invoices.
5. 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 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 16 of this
Contract.
CITY OF PALO ALTO C10131450
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6. 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. :t:t9601-6975,
as amended); the Resource Conservatidn and Recovery Act (42 U.S.C. ~:t6901-6992k. as amended); the Toxic
Substances Control Act (15 U.S.C. :t32601-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, 3325300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, 3325100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, 3325249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, 3325280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law.
7. 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.
8. 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.
9. No EXQneration 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 Security as required under
the Invitation For Bid.
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:
CITY OF PALO ALTO C10131450
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a. Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
b. 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;
c. 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;
d. Any manufacturer's warranty obtained by Contractor shall be obtained or shall be deemed obtained by
Contractor for and in behalf of City.
e. 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;
f. 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;
g. Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon the
person or persons authorized to bind Contractor;
h. 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;
I. There are no unresolved claims or disputes between Contractor and City which would materially affect
Contractor's ability to perform under the Contract;
j. 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;
k. 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
I. Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
13. Assignment. 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.
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 Califomia 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.
CITY OF PALO ALTO C10131450
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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:
Copy to:
To Contractor:
City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
City of Palo Alto
Dept -Utilities
Division -Engineering
Address -1007 Elwell Court
Palo Alto, CA 94303
A1eksandr Pishchik. Project Manager
Ranger Pipelines, Inc.
1790 Yosemite Avenue
San Francisco, CA 94124
Attn: Thomas Hunt
17. Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the
Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may
accrue only after such expenditures have been approved in advance in writing in accordance with applicable
Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year In the event that funds are
not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are
only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This
Section 17 shall control in the event of a conflict with any other provision of this Contract.
18. Miscellaneous.
a. Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor's
bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
b. 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
c. Controlling Law. The parties agree that this Contract shall be govemed and construed by and in
accordance with the Laws of the State of Califomla.
d. Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto Dept. of Public
Works Standard Drawings and Specifications (1992) of this Contract are incorporated herein by
reference.
e. 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 govemmental authority.
f. 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.
CITY OF PALO ALTO C10131450
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PAGE40F7
g. 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 conceming the Project and Work, and there are no other prior oral or
written agreements between the parties that are not incorporated in this Contract.
I. 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.
j. 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.
k. 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.
I. 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.
m. 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.
n. 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.
o. 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.
p. Altemative 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,
Califomia. 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 Northem District of
Califomia, 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 Califomia Code of Civil Procedure § 664.6, as amended.
q. Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose,
Califomia. In the event that litigation is commenced by any party hereunder, the parties agree that
such action shall be vested exclusively in the state courts of Califomia in the County of Santa Clara or
in the United States District Court for the Northem District of Califomia.
r. Recovery of Costs. Each Party shall bear its own costs, including attomey'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 califomia Code of Civil Procedure
CITY OF PALO ALTO C10131450
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PAGES OF7
§ 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.
s. 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 material 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 attorney'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
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
CITY OF PALO ALTO C10131450
rev. 12100
RANGER PIPELINES, INC.
8y: ________________ _
Name: __________________ _
Title: __________________ _
PAGE 6 OF7
CITY OF PALO ALTO
BID SUMMARY
WATER MAIN REPLACEMENT PROJECT 21; CIP WS-07003 & PROJECT 22; CIP WS-08017
BID SUMMARY
Description
A' BASE BID
1 1.040 Install 12" HOPE pipe by open trench method $200.00
2 1,040 Install 12" HOPE pipe bv directional borino method $180.00
3 300 Install 10" HOPE pipe by open trench method $150.00
4 293 Install 10" HOPE pipe by directional boring method $140.00
5 12,113 Install 8" HOPE pipe by open trench method $120.00
6 12,073 Install 8" HOPE pipe by directional boring method $110.00
7 102 Install 6" HOPE pipe by open trench method $100.00
8 102 Install 6" HOPE pipe by directional boring method $90.00
9 11 Install 1" CU services $1,200.00
10 3 Install 2" CU services $1,400.00
11 532 Reconnect exisling 1" CU services $300.00
12 3 Reconnect existinQ 1-1/2" CU services $350.00
13 4 Reconnect existing 2" CU services $400.00
14 38 Install 6" fire hydrant assemblv lines $5,300.00
15 1 Reconnect existing 4" PVC/DIP fire service $1,250.00
16 1 Reconnect existing 6" AeP/el? fire service $1,600.00
17 1 Reconnect existing 4" AeP/elP fire service $1,500.00
18 9 Perform new 6" water main tie-ins/existing water main abandonments $3,500.00
19 36 Perform new 8" water main tie-ins/existing water main abandonments $4,000.00
20 1 Perform new 10" water main lie-in/existing water main abandonment $4,500.00
21 2 Perform new 12" water main tie-ins/existing water main abandonments $5,000.00
22 1 Perform new 16" water main tie-in/existing water main abandonment $6,000.00
23 565 Perform removal of the existing water mains $30.00
24 13 Install 6" linestoppers $2,000.00
25 6 tnstall 8" linestoppers $2,500.00
26 2 Install 10" linestoppers $2,600.00
27 3 Install 12 linestoppers $3,000.00
28 1 Install 16 linestopper $4,000.00
29 38 Abandon existing fire hydrants $1,200.00
30 5,000 RecyclinQ $15.00
I Total of Base Bid (items 01 through 30 onl~, with all a~~licable taxes included) II
B' ADD ALTERNATE BID
31 55 Install 12" HOPE jJipe bv open trench method ·$200.00
32 3,194 Install 8" HOPE pipe by open trench method $120.00
33 3,175 Install 8" HOPE pipe by directional boring method $110.00
34 28 Install 6" HOPE pipe bv open trench method $150.00
35 122 Reconnect existing 1" CU services $300.00
36 4 Reconnect existino 1-1/2" CU services $350.00
37 4 Reconnect existing 2" CU services $400.00
38 13 Install 6" fire hydrant assembl lines $5,300.00
39 1 Reconnect existing 6" PVP/DIP fire service $1,500.00
40 6 Reconnect existing 4" PVC/DIP fire service $1,250.00
41 1 Reconnect existing 6" ACP/CIP fire service $1,600.00
42 2 Reconnect existing 4" ACP/CIP fire services $1,500.00
43 1 Perform new 6" water main tie-in/existino water main abandonment $3,500.00
44 25 Perform new 8" water main tie-ins/existing water main abandonments $4,000.00
45 3 Perform new 12" water main tie-ins/existino water main abandonments $5,000.00
46 430 Perform removal of the existing water mains $30.00
47 5 Install 6" linestoppers $2,000.00
48 4 Install 8" linestoppers $2,500.00
49 25 Replace water meter boxes for 5/8" meters with Christy B-9 $550.00
50 25 Re lace water meter boxes for 1" meters with Christy B-16 $750.00
51 3 Replace water meter boxes for 1-112" meters with Christy B-30 $900.00
52 5 Replace water meter boxes for 2" meters with Christy B-36 $1,000.00
53 20 Install air release valves $3,000.00
54 100 Install additional pavement (Concrete) $20.00
55 100 Install additional pavement (Asphalt Concrete) $15.00
56 100 Install curb $30.00
57 100 Install Qulter $30.00
58 100 Install sidewalk $18.00
59 75,000 Install additional pavement (thickness) $1.75
60 50,000 Saw cut additional pavement (thickness) $0.50
61 100 Perform additional sawcuttino $2.00
62 1,000 tnstall slurry seal $1.00
63 100 Abandon old valves and anode boxes $250.00
64 50 ExchanQ e 5/8" or 1" water meters ·$100.00
65 10 Exchange 1-1/2" or 2" water meters $150.00
66 13 Abandon existinQ fire hydrants $1,200.00
67 120 Install flex restraint devices $350.00
68 125 Perfonm GPS survey $500.00
To
Grand Total-Base Bid and Add Alternate Bid (items 01 through 68, with all applicable taxes
included)
$208.000.00
$187,200.00
$45,000.00
$41,020.00
$1,453,560.00
$1.328,030.00
$10,200.00
$9,180.00
$13,200.00
$4,200.00
$159,600.00
$1,050.00
$1,600.00
$201,400.00
$1,250.00
$1,600.00
$1,500.00
$31,500.00
$144,000.00
$4,500.00
$10,000.00
$6,000.00
$16,950.00
$26,000.00
$15,000.00
$5,200.00
$9,000.00
$4,000.00
$45,600.00
$75,000.00
$4,060,340.00
$11,000.00
$383,280.00
$349,250.00
$4,200.00
$36,600.00
$1,400.00
$1,600.00
$68,900.00
$1,500.00
$7,500.00
$1,600.00
$3,000.00
$3,500.00
$100,000.00
$15,000.00
$12,900.00
$10,000.00
$10,000.00
$13,750.00
$18,750.00
$2,700.00
$5,000.00
$60,000.00
$2,000.00
$1,500.00
$3,000.00
$3,000.00
$1,800.00
$131,250.00
$25,000.00
$200.00
$1,000.00
$25,000.00
$5,000.00
$1,500.00
$15,600.00
$42,000.00
$62,500.00
$166.00 $172,640.00 $195.00 $202,800.00
$88.00 $91,520.00 $190.00 $197,6QO.00
$200.00 $60,000.00 $180.00 $54,000.00
$143.00 $41,899.00 $150.00 $43,950.00
$90.00 $1,090,170.00 $145.00 $1,756,385.00
$66.00 $796,818.00 $110.00 $1,328,030.00
$180.00 $18,360.00 $175.00 $17,850.00
$114.00 $11,628.00 $110.00 $11,220.00
$1,950.00 $21,450.00 $1,650.00 $18,150.00
$3,900.00 $11,700.00 $3,850.00 $11,550.00
$1,225.00 $651,700.00 $1,100.00 $585,200.00
$1,450.00 $4,350.00 $2,050.00 $6,150.00
$1,600.00 $6,400.00 $1,670.00 $6,680.00
$5,270.00 $200,260.00 $6,020.00 $228,760.00
$5,150.00 $5,150.00 $3,000.00 $3,000.00
$5,150.00 $5,150.00 $4,450.00 $4,450.00
$5,150.00 $5,150.00 $4,250.00 $4,250.00
$4,900.00 $44,100.00 $7,650.00 $68,850.00
$5,500.00 $198,000.00 $7,650.00 $275,400.00
$9,000.00 $9,000.00 $8,200.00 $8,200.00
$9,450.00 $18,900.00 $8,680.00 $17,360.00
$10,950.00 $10,950.00 $9,890.00 $9,890.00
$50.00 $28,250.00 $4.00 $2,260.00
$8,450.00 $109,850.00 $11,235.00 $146,055.00
$9,850.00 $59,100.00 $12,625.00 $75,750.00
$10,875.00 $21,750.00 $13,685.00 $27,370.00
$11,120.00 $33,360.00 $14,075.00 $42,225.00
$19,400.00 $19,400.00 $19,010.00 $19,010.00
$500.00 $19,000.00 $100.00 $3,800.00
$3.00 $15,000.00 $25.00 $125,000.00
II I $3,781,005.00 $5,301,195.00
$550.00 $30,250.00 $315.00 $17,325.00
$80.00 $255,520.00 $145.00 $463,130.00
$70.00 $222,250.00 $110.00 $349,250.00
$150.00 $4,200.00 $165.00 $4,620.00
$1,250.00 $152,500.00 $1,440.00 $175,680.00
$1,525.00 $6,100.00 $1,965.00 $7,860.00
$1,625.00 $6,500.00 $2,100.00 $8,400.00
$6,750.00 $87,750.00 $6,590.00 $85,670.00
$5,000.00 $5,000.00 $2,875.00 $2,875.00
$5,000.00 $30,000.00 $2,190.00 $13,140.00
$8,650.00 $8,650.00 $5,850.00 $5,850.00
$8,650.00 $17,300.00 $5,260.00 $10,520.00
$5,400.00 $5,400.00 $9,025.00 $9,025.00
$6,450.00 $161,250.00 $7,940.00 $198,500.00
$6,700.00 $20,100.00 $8,770.00 $26,310.00
$50.00 $21,500.00 $4.00 $1,720.00
$8,650.00 $43,250.00 $11,270.00 $56,350.00
$9,750.00 $39,000.00 $12,600.00 $50,400.00
$55.00 $1,375.00 $115.00 $2,875.00
$55.00 $1,375.00 $130.00 $3,250.00
$250.00 $750.00 $140.00 $420.00
$250.00 $1,250.00 $165.00 $825.00
$2,650.00 $53,000.00 $2,365.00 $47,300.00
$20.00 $2,000.00 $5.40 $540.00
$15.00 $1,500.00 $6.35 $635.00
$30.00 $3,000.00 $58.00 $5,800.00
$25.00 $2,500.00 $58.00 $5,800.00
$11.00 $1,100.00 $36.00 $3,600.00
$1.50 $112,500.00 $0.85 $63,750.00
$0.50 $25,000.00 $0.25 $12,500.00
$5.00 $500.00 $2.75 $275.00
$2.35 $2,350.00 $5.40 $5,400.00
$115.00 $11,500.00 $54.00 $5,400.00
$510.00 $25,500.00 $92.00 $4,600.00
$700.00 $7,000.00 $300.00 $3,000.00
$500.00 $6,500.00 $100.00 $1,300.00
$400.00 $48,000.00 $260.00 $31,200.00
$190.00 $23,750.00 $315.00 $39375.00
$1,446,970.00 .. ,~ .
ATTACHMENT "C"
PROJECT LOCATION MAP SHEET 1 OF 4
CMR: XXX:09
ATTACHMENT "C"
PROJECT LOCATION MAP SHEET 2 OF 4
CMR: XXX:09
ATTACHMENT "C"
PROJECT LOCATION MAP SHEET 3 OF 4
CMR: XXX:09
ATTACHMENT "C n
PROJECT LOCATION MAP SHEET 4 OF 4
CMR: XXX:09
J '<,"" ~ ~.-..:.c.,~_ .'"-' H_'"i_< ~~E~L~A~M~tN!O~RE~AL~~~~~~
-~ -. ;--::::::-:---1
1· .,
~" ; ., ~
ATTACHMENT D
ORDINANCE NO. ______ _
ORDINANCE OF THE COUNCIL THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2010 TO PROVIDE
AN ADDITIONAL APPROPRIATION OF $262,017 TO CAPITAL
IMPROVEMENT PROGRAM (CIP) WS-07003, WATER MAIN
REPLACEMENT (WMR) PROJECT 21, AND PROVIDE AN ADDITIONAL
APPROPRIATION OF $24,692 TO CIP PROJECT WS-080017, WMR
PROJECT 22
Council of t City of Palo Alto does ordain as follows:
SECTION 1. The Council of the City of Palo Alto finds
and determines as follows:
A. Pursuant to the provisions of Section 12 of Article III of
t Charter of t City of Palo Alto, the Council on June 15, 2009
did adopt a budget for Fiscal Year 2010; and
B. In Fiscal Year 2007, t Council did adopt a budget for
CIP Project WS-07003, Water Main Replacement Project 21 (Project
21), wi th an ini tial appropriation of $226,000 for the design
cost, In Fiscal Year 2008, Council increased the appropriation by
$2,800,000 the construction cost, bringing total appropriation
to $3,026,000 for Project 21; and
C. In Fiscal Year 2008, t Council did adopt a budget for
CIP Project WS-08017, Water Main Replacement Project 22 (Project
22), wi th an ini tial appropriation of $233,000 for the design
cost, In Fiscal Year 2009, Council increased the appropriation by
$2,730,000 for t construction cost, bringing total appropriation
to $2,963,000 for Project 22; and
D. From Fiscal Year 2007 to date, expenses related to design
elements of t Project were incurred leaving a balance of
$2,752,717 and $2,920,593 for t construction and other related
construction costs for Project 21 and Project 22, respectively;
and
E. Street cut fees payable to the General Fund in t amount
of $209,249 for both Project 21 and Project 22 are necessary
related construction costs that were not included in the previous
appropriation of the projects; and
F. These projects were put out to bid; the low bid is higher
than the amount available for the projects. Additional funding of
$262,017 and $24,692 is required to cover the construction costs
and street cut fees for Project 21 and Project 22, respectively.
The total additional appropriation for these projects will be
funded by a transfer of appropriation from the existing CIP
Project WS-06002, WMR Project 20 and a drawdown from the Water
Fund Rate Stabilization Reserve. The summary of the transactions
affecting these projects are reflected in the following table; and
Description WS-07003 WS-OS017 Total
Project 21 Project 22
Total $3,026,000 $2,963,000 $5,989,000
Appropriations
from FY 2007
through FY 2009
Less: Design Costs $273,282 $42,406 $315,688
~lance Available $2,752,718 $2,920,594 $5,673,312
fter Design Costs
Less: Street Cut $127,232 $82,017 $209,249
Fees
Amount Available $2,625,486 $2,838,577 $5,464,063
Less: Construction $2,887,503 $2,863,269 $5,750,772
Costs (including
10% continqency)
Amount Needed for $262,017 $24,692 $286,709
Additional
Appropriation
Funding Sources Transfer of Water Rate
appropriation Stabilization
from CIP Reserve
Project WS-
06002 (WMR.
Project 20)of •
$180,000 and
Water Rate
Stabilization
Reserve of
$82,017
G. City Council authorization is needed to amend the Fiscal
Year 2010 budget to make available the funds required for
construction of the projects.
SECTION 2. The sum of Two Hundred Sixty Two Thousand Seventeen
Dollars ($262,017) is hereby appropriated to CIP Project WS-07003,
Water Main Replacement Project 21,
SECTION 3. The appropriation for CIP Project WS-06002, Water
Main Replacement Project 20 is hereby ced by One Hundred
Eighty Thousand Dollars ($180,000).
SECTION 4. sum of Twenty Four Thousand Six Hundred Ninety
Two Dollars ($24,692) is hereby appropriated to CIP Project WS
08017, Water Main Replacement Project 22.
The Water Rate Stabilization Reserve is hereby
decreased by One Hundred Six Thousand Seven Hundred Nine Dollars
($106,709) with a remaining balance of Thirteen Million Nine
Hun Seven Thousand Two Hundred Ninety One Dollars
($13,907,291) ,
The transactions above will
Capital Project Fund Infrastructure Reserve,
no impact on the
Alto
As cified in Section 2,28.080(a) of t Palo
Code, a two-thirds vote of t ty Council is
t this ordinance.
As provided in Section 2.04.330 of the Palo Alto
this ordinance shall come effective upon
==~===-~. The Council of the City of Palo Alto hereby finds
ojects are categorically exempt from the provisions
of the Cal ornia Environmental Quali ty Act, t to CEQA
Guidelines Sections 15301 (b) (repair, maintenance of existing
facilities and 15302 (b) (replacement or reconstruction of
existing facilities) and therefore, no environmental impact
assessments are necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
Mayor
APPROVED AS TO FORM:
Sen or Asst. ty Attorney es
Director of Administrative
ces