HomeMy WebLinkAboutStaff Report 357-06City
City of Palo Alto
Manager’s Report
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PUBLIC WORKS
SEPTEMBER 18, 2006 CMR:357:06
APPROVAL OF A BUDGET AMENDMENT ORDINANCE IN THE
AMOUNT OF $200,000; APPROVAL OF A CONTRACT WITH CASEY
CONSTRUCTION, INC., IN THE AMOUNT OF $758,247 TO EXTEND
GAILEN/BIBBITS STORM DRAIN OUTFALL TO THE ADOBE PUMP
STATION, CAPITAL IMPROVEMENT PROGRAM PROJECT SD-06103
5
RECOMMENDATION
Staff recommends that Council:
Approve the attached Budget Amendment Ordinance (BAO) in the amount of $200,000
(Attachment A) to provide an additional appropriation for the Extend GaileniBibbits
Storm Drain Outfall to the Adobe Pump Station, Capital Improvement Program Project
SD-06103; and
Approve and authorize the City Manager or his designee to execute the attached contract
in the amount of $758,247 with Casey Construction, Inc. (Attachment C) to extend the
Gailen/Bibbits storm drain to the Adobe Pump Station; and
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Casey Construction, Inc. for related, additional but
unforeseen work that may develop during the project, the total value of which shall not
exceed $75,000.
BACKGROUND
Public Works Engineering manages the Storm Drainage Enterprise Fund. 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. This project is the first of these voter-approved
improvements to be awarded for construction.
DISCUSSION
This project will address a chronic ponding problem in the vicinity of Gailen Avenue and Bibbits
Drive. Storm water runoff currently ponds on these streets when the water surface elevation of
Adobe Creek is higher than the nearby street surface elevations. The storm drain serving this
area currently flows to Adobe Creek via a gravity outfall. This pipeline will be intercepted and
routed to the Adobe Pump Station where the runoff is lifted into the creek. This modification
will allow the storm drain to empty regardless of the creek level.
CMR:357:06 Page 1 of 4
This storm drain extension will be constructed beneath a maintenance road for Adobe Creek,
within right-of-way owned by the Santa Clara Valley Water District (SCVWD). Bids for this
project were solicited after an agreement was drafted between the City and SCVWD for use of
its right-of-way.
Scope of Work
A project location and overview map is shown on Attachment D. The project consists of
approximately 1,700 linear feet of new 36-inch-diameter reinforced concrete pipe (RCP) to be
installed parallel to Adobe Creek ending at a point near East Meadow Drive. At the downstream
end, the RCP connects to an existing pipeline that runs beneath the creek and into the Adobe
Pump Station.
The three add alternate bid items are not being considered for award. They were designed to
address future system capacity needs and to replace the aging fence surrounding the Adobe
Pump Station, but the cost of the additional work exceeds the project budget.
Work is expected to start~ in early October 2006 and be completed by April 2007.
Project Coordination
The work included in this project has been coordinated with the City’s street maintenance
program and does not directly impact any other utility or street resurfacing project, This project
has been carefully coordinated with the adjacent "Vmatage of Palo Alto" residential development
project being constructed at 1 ! 80 East Meadow Drive.
Bid Process
A notice inviting formal bids for the project was posted at City Hall on August I, 2006 and sent
to 11 builders’ exchanges and 10 potential bidders. The bidding period was 28 days. Bids were
received from three qualified contractors on August 29, 2006 as listed on the attached bid
summary (Attachment E). Bids for the base bid work items ranged from a low bid of $758,247
to a high of $i,398,000.
The low bid for the base bid work items is 58% percent over the engineer’s estimate of
$481,010. Staff discussed the magnitude of the bids with the bidders and learned that the bids
were. primarily impacted by the high cost of reinforced concrete storm drain pipe, site-specific
conditions (e.g. high groundwater and narrow vehicle and equipment access) that will slow the
pace of construction, and high fuel costs. Contractors not submitting bids indicated that they
were too busy with other projects to bid.
Although the bids exceed the engineer’s estimate by a substantial margin, staff believes that the
three bids received are representative of the current construction market and that there would be
no advantage to rebidding the project. The high nature of the bids is comparable with other
construction bids recently received by the City for paving work, building modifications, and site
improvements. The costs of construction labor, building materials, and fuel have increased
significantly in recent years, resulting in markedly higher bid prices for construction work. This
issue is discussed further in the Resource Impact section below.
CMR:357:06 Page 2 of 4
Bid Name/Number
Proposed Length of Project
Number of Bid Packages Delivered
to Contractors
Number of Bid Packages Delivered
to Builder’s Exchanges
Total Days to Respond to Bid
Pre-Bid Meeting?
Number of Company A~endees at
Pre-Bid Meeting
Number of Bids Received:
Bid Price Range
Summary of Bid Process
Extend GaileniBibbits Storm Drain Outfall to the Adobe
Pump Station, Capital Improvement Program Project SD-
06103 / IFB #118587
180 calendar days
10
11
28
Yes
3
3
Low bid $758,247 to a high of $1,398,000
The Certification of Nondiscrimination is Attachment F.
Staff recommends that the base bid of $758,247 submitted by Casey Construction, Inc. be
accepted and that Casey Construction, Inc. be declared the lowest responsible bidder. The
change order amount of $75,000 (which equals 10% of the total contract) 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 no
significant complaints. Staff also checked with the Contractor’s State License Board and found
that the contractor has an active license on file.
RESOURCE IMPACT
The recommended contract award amount plus contingency exceeds the available budget in
Storm Drainage Fund Capital Improvement Program Project SD-06103. The attached budget
amendment ordinance would transfer $200,000 of budget from Storm Drainage Fund Capital
Improvement Program Project SD-06101 (Storm Drain System Replacement and Rehabilitation)
in order to fund the project shortfall. Project SD-0610i is funded annually on an ongoing basis.
and has a flexible scope that can be downsized to accommodate a decreased budget without
significant impact.
The GaileniBibbits storm drain improvement project is the first capital project to be bid since
property owners approved an increase in the storm drainage fee in 2005. The high bids received
for this project have raised staff’s concerns regarding its ability to complete all oft he projects
listed in the rate increase ballot measure within the 12-year period that the increased fees wi!l be
in effect. In its report to the Finance Committee in April 2006, the Storm Drain Oversight
Committee expressed concern regarding future project funding shortages by noting that the terms
of the ballot measure limit annual storm drainage fee rate increases to the rate of general
inflation, while construction costs have risen at a much higher pace in recent years. Staff will
meet with the Oversight Committee in October to report on this issue and will discuss options for
addressing this .ongoing challenge.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
CMR:357:06 Page 3 of 4
ENVIRONMENTAL REVIEW
This project has been determined categorically exempt under Section 15302 of the California
Environmental Quality Act (CEQA) and based upon the statutory exemption contained in the
Public Resources Code, Section 21080.21:
This division does not apply to any project of less than one mile in length within a public
street or highway or any other public right-of-way for the installation of a new pipeline or
the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or
demolition of an existing pipeline. For purposes of this section, "pipeline" includes
subsurface facilities but does not include any surface facility related to the operation of
the underground facility.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Budget Amendment Ordinance
C]P pages for Capital SD-06101 and SD-06103
Contract
Project Location and Overview Map
Bid Summary
Certification of Nondiscrimination
PREPARED BY:
Project Engineer
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
cc: Storm Drain Oversight Committee
S. ROBERTS
Director of Public Works
EMaiWI U S ON
Assistant City Manager
CMR:357:06 Page 4 of 4
Attachment A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2006-07 TO
PROVIDE AN ADDITIONAL APPROPRIATION OF $200,000 TO
CAPITAL IMPROVEMENT PROGRAM (CIP) SD-06103, EXTEND
GAILEN/BIBBITS STORM DRAIN OUTFALL TO THE ADOBE PUMP
STATION
The Council of the City of Palo Alto does ordain as follows:
SECTION i. 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
the Charter of the City of Palo Alto, the Council on June 12, 2006
did adopt a budget for fiscal year 2006-07; and
B. In fiscal year 2005-06, the Council did adopt a budget for
CIP Project SD-06103, Extend Gailen/Bibbits Storm Drain Outfall to
the Adobe Pump Station, with an initial appropriation of $691,460;
and
C. From fiscal year 2005-06 to date, expenses related to
design elements of the Project were incurred leaving a balance of
$640,961 for the construction cost of the Project; and
D. This project was put out to bid; the low bid is higher than
the amount estimated for the Project and additional funding of
$200,000 is required to construct the Project; and
E. The total additional appropriation of $200,000 for this
project will be funded by a transfer of appropriation from CIP
Project SD-06101, Storm Drain System Replacement and
Rehabilitation; and
F. City Council authorization is needed to amend the 2006-07
budget to make available the funds required for construction of
CIP Project SD-06103, Extend Gailen/Bibbits Storm Drain Outfall to
the Adobe Pump Station.
SECTION 2. The sum of Two Hundred Thousand Dollars ($200,000)
is hereby appropriated to CIP Project SD-06103, Extend
Gailen/Bibbits Storm Drain Outfall to the Adobe Pump Station.
SECTION 3. The appropriation for CIP SD-06101 Storm Dra~n
System Replacement and Rehabilitation is hereby reduced by Two
Hundred Thousand Dollars ($200,000).
SECTION 4. As specified in Section 2.28o080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 5. As provided in Section 2.04.330 of the Palo Alto
Municipal Code, this ordinance shall become effective upon
adoption.
SECTION 6. 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:APPROVED:
City Clerk Mayor
APPROVED A~-TO FORM:
City Manager
Senior Asst. City Attorney Director of Public Works
Director of Administrative
Services
IP
Description: This project implements annual high-priority replacement
and rehabilitation projects that will help maintain the integrity of the storm
drain system. The projects will consist of the replacement or rehabilita[ion
of deteriorated storm drain pipes, manholes, and storm drain inlets, as
identified by a previous video inspeclion and condition assessment
program.
Justification: The project will inlplement the recommendations
established by the 1993 Storm Drain Condition Assessment Report. The
specific pipes and drainage structures selected for replacement and/or
rehabilitation will be determined based on their 1993 condition score.
Supplemental information: This improvement is consistent with the
priorities established with the voter-approved storm drain rate increase.
The projeet will be reviewed with the Storm Drain Oversight Committee.
Y ug ,
PY Actua s as of 12/31/2005
ongoing
$o
CIP FACTS:
o Continuing
~ Timeline: FY 2006-2011
¯ Overall Project Completion: 0%
o Managing Department: Public Works
o Comprehensive P~an: Policy N-24 and Pro-
gram N-36
¯ EnvironmentN: Categorically exempt under
Section 15302 of CEQA.
o Design Elements: This project is coordinated
with street resurfacing program.
¯ Operating: Will result in reduced storm drain
maintenance expense.
Pre-Design Costs
Design Costs
C’onstruction Costs
Other (Transfer to ClP sD-
06103)
$500,000$510,000 $500,000 $500,000 $500,000 $2,510,000
($200,000)($200,000)
$310,000 $500,000 $500,000 $500,000 $500,000 $2,310,000
Revenues:
Source of Funds:Storm Drainage Fund
! 1 CiO~ of Palo Alto 2006-07 Budget
THIS PAGE IS INTENTIONALLY LEFT BLANK.
i2 CiO~ of Pato Alto 2006-07Budget
lP
o Attachme~,~t ~ o
EXTEND GA[LEN~[B~[TS STORM DRAD~ OUTEALL
TO THE A OBE ST±T ON (SD-06103)
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 1,650 linear feet of 36-
inch diameter storm drain parallel to Adobe Creek "~4thin Santa Clara
Valley Water District (SCVWD) right-of-way.
Justification: By connecting the gravity outfall to the existing pm-np
statio~ this project 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 Inform a tion: Other=Staff Labor
CIP FACTS:
o New
¯ Timellne: FY2006-2007
o Managing Department: Public Works
o Comprehensh’e Plan: This project fi~rthers Policy
. N-24 and Program N-3.
IMPACT ANALYSIS:
o ]gmSronmentM: Categorically exempt under See-
tion 15302 ofeEQA.
¯ Operating: Will result in negligible increase in the
operation expense.
Pre-Design ~sts
Design Costs
Construction Costs
Other
Tot~ Budget Request I
Revenues:
Source of Funds:Storm Drainage F~d
~6~o,ooo $~00,000
$4i,460
$691,d60 $200,000’
$850,000
$41,460
$891,460
2005-07 Budget CiO; of Palo Alto 13
Attachment C
FORMAL CONTRACT SECTION 50O
CONTRACT No. C07118587
(Public Work)
Public Works Department
This Contract, number C07118587 dated is entered into by and between the City of Palo Alto, a
California chartered city ("City"), and Casey Construction, Inc. ("Contractor").
For and in consideration of the ~covenants, terms, and conditions (*the provisions*) of this Contract, City and Contractor
("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract,
and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is
required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this
Contract.
General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as
follows:
Title of Project:Extend Gailen/Bibbits Storm Drain Outfall to the Adobe Pump Station,
Invitation for Bid (IFB) Number 118587.
Bid:$ 758,247.00 (Seven Hundred Fifty-Eight Thousand Two Hundred Forty-Seven Dollars)
(The total ward 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.
S~pplementary Conditions.
General Conditions.
City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) 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 (1992).
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
(1992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices.
Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance
coverage described in the Invitation 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
CITY OF PALO ALTO CONTRACT C07118587 PAGE 1 OF 7rev. 12/00
FORMAL CONTRACT SECTION 500
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.
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.
7o 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 toss, 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 bond or fire underwriters or
other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any
Law of any public agency or official as well as with any provision of all recorded documents affecting the Project
site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws
pertaining to nondiscrimination in employment and hazardous materials.
11.Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the
CITY OF PALO ALTO CONTRACT O07118587 PAGE 2 OF 7
rev. 12/0o
FORMAL CONTRACT SECTION 500
Date of Execution, Contractor shall furnish to the Project Manager the Bonds 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:
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials are
required;
go
Any labor and services rendered and materials and equipment used or employed during the course
and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year
after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be
filed, on the date that final payment is made hereunder;
Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by
Contractor for and in behalf of City.
Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true
and correct at the time such information is submitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to
the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For Bid;
Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon the
person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project
Manager or any other person who has directly contributed to City’s decision to award the contract to
Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect
Contractor’s ability to perform under the Contract;
C~ntractor 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
13.
14.
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
Assi.qnment This Contract and the performance required hereunder is personal to Contractor, and it shall not
be assigned by Contractor. Any attempted assignment shall be null and void.
Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time
or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or
registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or
required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim
to City.
CITY OF PALO ALTO CONTRACT C07118587 PAGE 3 OF 7rev. 12/00
FORMAL CONTRACT SECTION 500
15.
16.
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 127t, as amended, during the regular business hours of Contractor, or, if Contractor has no
such hours, during the regular business hours of C~ty.
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
To Contractor:
Attn: Joe Teresi, Project Manager
Casey Construction, Inc.
620 Handley Trails
Emerald Hills, CA 94062
17.
18.
Attn: Mel Casey
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.
Miscellaneous.
bo
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s
bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall be in writing and shall be executed by a person having the express authority to grant
such approval or consent.
Co Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
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.
CITY OF PALO ALTO CONTRACT C07118587 PAGE 4 OF 7rev. t 2/00
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.
Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral or
written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless
such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or
other stipulation in the Contract shall define or otherwise control, establish, or limit the performance
required or permitted or to be required of or permitted by either party. All provisions, whether
covenants or conditions, shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or
other writing, which authorizes any director, officer or other employee or partner to act for or in behalf
of Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void
or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as
an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to
any rights and benefits accorded or accruing to the City Council members, officers or employees of
City, and Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply
to and bind, the successors and assigns of the parties.
Ti-me 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.
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.
q.Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose,
CITY OF PALO ALTO
rev. 12/o0
CONTRACT C07118587 PAGE 5 OF 7
FORMAL CONTRACT SECTION 500
California. 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 California in the County of Santa Clara or
in the United States District Court for the Northern District of California.
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 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 AS TO 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 C07118587 PAGE 6 OF 7rev. 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
rev. 12/0o CONTRACT C07118587 PAGE 7 OF 7
ATTACHMENT
PROJECT
LOCAT]
PROJECT LOCATION MAP
PROJECT OVERVIEW MAP
ATTACHMENT E
BID SUMMARY
Extend Gailen-Bibbits Storm Drain Outfall to the Adobe Pump Station
August 29, 2006
BASE BID TOTAL
ADD ALTERNATE 1
ADD ALTERNATE 2
ADD ALTERNATE 3
GRAND TOTAL
En,qineer’s
Estimate
$481,010.00
$63,500.00
$37,8OO.OO
$ 11,300.00
$ 593,610.00
Construction~ Inc.
$758,247.00
$250,290.00
$228,180.00
$ 14,640.00
$ 1,251,357.00
Mitchell
Engineering
$867,246.OO
$458,258.00
$211,780.00
$12,150.00
$1,549,434.00
K.J. Wood.__~s
Construction
$1,398,000.00
$420,000.00
$199,000.00
$ 11,000.00
$ 2,028,000.00
City of Palo Alto Page 1 of 1
Attachment F
CERTIFICATION OF NONDISCRIMINATION FORM 410
PROJECT: Extend Gailen-Bibbits Storm Drain Ouffall to the Adobe Pump Station
Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto
in excess of $5,0(~0, 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 persor~; and further certify that they
are in compliance with all Federal, State and local directives and executive orders regarding
nondiscrimination in employment.
Firm:
Title of Officer Signing:
Signature:
CITY OF PALO ALTO IFB 118587 PAGE1OF1