HomeMy WebLinkAboutStaff Report 8127City of Palo Alto (ID # 8127)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/28/2017
City of Palo Alto Page 1
Summary Title: Approval of Airport Contract With DeSilva Gates
Construction LP and Budget Amendment
Title: Approval of Contract Number C18167808C With DeSilva Gates
Construction LP in the Amount of $9,243,797, Amendment Number 2 With
Mead & Hunt, Inc. Contract Number C15155208B, and Amendment Number 4
With C&S Engineers, Inc. Contract Number C15155208A for the Airport Apron
Reconstruction Capital Improvements Program Project AP-16000; Adoption
of a Resolution Authorizing the City Manager to Execute Future Grant
Agreements Offered by the California Department of Transportation for
Airport Improvement Program Matching Grant Funds for Apron
Reconstruction at the Palo Alto Airport, and Authorizing the City Manager to
Execute Supporting Documents or Contracts Associated With the Application
and Acceptance of Said Grant Funds; Approval of a Budget Amendment in
the Airport Enterprise Fund; and Approval of Findings that the Proposed
Project is Exempt From Environmental Review under California
Environmental Quality Act (CEQA) Guidelines 15301 and 15302 and Federal
Aviation Administration (FAA) Order 1050.1F
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1.Adopt findings that, as a project that involves only the replacement of an
existing structure,the Airport Apron Reconstruction Project (AP-16000)
meets the requirements of the National Environmental Protection Act
(NEPA) and the California Environmental Quality Act (CEQA) by qualifying
for categorical exclusions (Attachments A and B, respectively);
City of Palo Alto Page 2
2.Approve and authorize the City Manager or his designee to execute
contract C18167808C with DeSilva Gates Construction LP, (Attachment C)in
the amount not to exceed of $8,403,452 for the Airport Apron
Reconstruction Project (AP-16000);
3.Authorize the City Manager or his designee to negotiate and execute one or
more change orders to the contract C18167808C with DeSilva Gates
Construction LP.for related, additional but unforeseen work that may
develop during the project, the total value of which shall not exceed
$840,345;
4.Approve Amendment No. Two to Mead & Hunt, Inc. Contract C15155208B
(Attachment D)to increase the contract by $597,162 for a total not-to-
exceed amount of $847,162 for inspection and construction management
services related to the Airport Apron Reconstruction Project (AP-16000);
and
5.Approve Amendment No. Four to C & S Engineers, Inc. Contract
C15155208A (Attachment E) to increase the contract by $269,456 for a
total not-to-exceed amount of $1,727,785 for construction administration
services related to the Airport Apron Reconstruction Project (AP-16000);
and
6.Amend the Fiscal Year 2018 Budget Appropriation Ordinance for the Airport
Enterprise Fund by:
a.Increasing the estimate for Revenue from the Federal Government in
the amount of $4,239,374;
b.Increasing the Capital Improvement Airport Apron Reconstruction
Project (AP-16000) appropriation in the amount of $4,680,415;and
c.Decreasing the fund balance in the amount of $441,042.
7.Adopt a Resolution Authorizing the City Manager to Execute Grant
Agreements Offered to the City of Palo Alto by the California Department of
Transportation for Airport Improvement Program (AIP) Matching Grant
Funds to be used for Apron Reconstruction Project (Attachment I).
City of Palo Alto Page 3
Executive Summary
Since the transfer of the management of the Palo Alto Airport (PAO) from Santa
Clara County in August 2014, the City of Palo Alto has been working with the
Federal Aviation Administration (FAA) to rehabilitate and update PAO to current
FAA standards. To meet FAA design standards, correct deficiencies and ultimately
improve airport safety, a multi-phase Airport Apron Reconstruction Project to
design and reconstruct the PAO apron was established.
In support of completing the project sooner, the FAA is encouraging the
reconstruction of more of the apron in this phase than originally planned and is
willing to fund up to 90% of the project through a reimbursable grant. With
Council’s approval, the northern section of the apron will be reconstructed,
including the removal and replacement of existing,outdated fuel system
components, airplane washrack, laying conduit for future solar installation and
constructing a pavement area south of the existing apron.
Background
As a General Aviation Reliever Airport for three primary Bay Area airports,PAO is
an important airport in the National Plan of Integrated Airport System (NPIAS),
thereby qualifying for FAA airport improvement grant money for capital
improvements necessary for continued safe and efficient operation of an airport.
If eligible, 90% of project costs could be awarded. In accepting grant money PAO
is required by law to meet grant assurances (Attachment F)and operate the
airport in compliance with FAA requirements.The California Department of
Transportation (“DOT”), pursuant to Public Utilities Code Section 21683.1, is
authorized to provide AIP matching grants of up to five percent (5%) of FAA grant
amounts.Staff will apply for and seek the maximum amount of state matching
grant funds if these funds are available from DOT (Attachment I).
The Airport Apron Reconstruction Project, recommended as an important safety-
related maintenance and modernization project in the results of an airport
infrastructure analysis, was designed to be constructed in as many as five phases
dependent on financing and the logistics of moving tie-downs and mobilization.
The FAA acknowledged the difficulties of protecting-in-place outdated,
underground fuel lines and the need to replace the airplane washrack;recognized
the importance of future solar installation at PAO and the pecuniary implications
City of Palo Alto Page 4
of temporarily paving a section of the apron and returning later to construct
permanent pavement, thereby promoting inclusion of these tasks in the project
scope and grant application.
To provide on-call design services, construction administration, environmental
studies,and planning functions required for FAA Airport Capital Improvement
Program projects, PAO contracts with consultants C &S Engineers, Inc. and Mead
& Hunt, Inc.On-call consultant services contracts that are compliant with FAA
requirements are eligible for 90% reimbursement.
To support operations and provide seed funding
for capital improvement projects the General
Fund has loaned PAO $3.1 million since the City
took over Airport operations from Santa Clara
County. The table to the right shows the
breakdown of loans by fiscal year, and it is
anticipated that the Airport Fund will begin to
repay the General Fund in Fiscal Year 2020.
Discussion
Project Description
Pending Council approval this phase of the Airport Apron Reconstruction Project
would go beyond the removal and replacement of existing, outdated fuel system
components,replacing the airplane washrack,laying conduit for future solar
installation, rebuilding the asphalt pavement of the northwest section of the
apron, and constructing a temporary pavement area south of the existing apron.
With approval, this phase would also include laying conduit for solar and
rebuilding the asphalt pavement of the northeast section of the apron and
constructing a permanent pavement section in the area south of the existing
apron, meeting FAA design standards, correcting deficiencies, increasing airport
safety.The areas impacted by Phase I of this project are highlighted in
Attachment H.
Bid Process
On July 3, 2017, a notice inviting formal bids (IFB) for the Apron Construction
Phase I Plan Set A was posted at City Hall and on the City’s eProcurement system.
Fiscal Year Loan Amount
2011 $300,000
2013 $310,000
2014 $325,000
2015 $760,000
2016 $515,601
2017 $704,150
2018 $200,000
TOTAL $3,114,751
City of Palo Alto Page 5
The bidding period was 28 days.Bids were received from four contractors on
August 1, 2017 as listed on the attached Bid Summary (Attachment G).
Summary of Bid Process
Bid Name/Number IFB167808C
Proposed Length of Project 175 days
Number of notices sent to Contractors and Builder’s
Exchanges via City’s eProcurement system 569
Number of Bid Packages downloaded by Contractors 19
Number of Bid Packages downloaded by Builder’s
Exchanges 8
Total Days to Respond to Bid 28
Mandatory Pre-Bid Meeting Yes
Number of Company Attendees at Pre-Bid Meeting 6
Number of Bids Received:4
Bid Price Range $8,403,451 to 9,025,954
Staff has reviewed the bids submitted and recommends the Base Bid and all
Alternates, totaling $8,403,452 submitted by DeSilva Gates Construction LP be
accepted, and DeSilva Gates Construction LP be declared the lowest responsible
bidder. The low bid is approximately 3.7% less than the project estimate of
$8,725,887.The change order amount of $840,345 (10 percent of the total
contract)is requested for related additional, but unforeseen work that may
develop during the project and brings the total construction contract to
$9,243,797.
Consultant services have been vital to the successful delivery of Airport Capital
Improvement Program projects, providing on-call design services, construction
administration, environmental studies, and planning functions required for FAA
Airport Capital Improvement Program projects. To design the additional washrack
and fuel system components as well as to add funding for this phase of
construction to their construction administration responsibilities, the contract
with C & S Engineers, Inc.will need to be amended by $269,456 for a total not-to-
exceed amount of $1,727,456. Similarly, the contract with Mead & Hunt, Inc., will
need to be amended to add funding of $597,162 for a total not-to-exceed amount
City of Palo Alto Page 6
of $847,162 for construction management. FAA reimbursement for services under
these contracts is anticipated to be 90% or $779,956.
Resource Impact
As part of the FY 2018 Adopted Capital Budget, the Airport Apron Reconstruction
project (AP-16000) was budgeted at $5,630,490, which is insufficient to award
and amend the contracts necessary to complete Phase I at a total cost of
$10,110,415.Therefore additional funding of $4,680,415 will need to be
appropriated to the project, offset by $4,239,374 from FAA grant revenue and
$441,042 in fund balance from the Airport Fund. In FY 2018 a recommended
General Fund loan of $200,000 was approved bringing the total loan to $3.1
million. Fund balance is anticipated to be available pending reimbursements from
the FAA for prior year capital expenses.
Due to the nature of a contingency, FAA grant funding for the construction
contingency cannot be requested until an action to use contingency funds is
exercised. Therefore, the current FAA grant application will not include these
potential costs; however, staff will seek FAA approval for reimbursement prior to
providing notices to proceed on change order requests.
Environmental Review
National Environmental Policy Act
Based on FAA direction, C & S Engineers, Inc. prepared documentation necessary
to comply with National Environmental Policy Act (NEPA) requirements for the
proposed apron rehabilitation project at the Palo Alto Airport (PAO). As a project
that involves only the rehabilitation and minor expansion of existing facilities it
qualified as a categorical exclusion (CATEX) under FAA Order 1050.1F-
Environmental Impacts: Policies and Procedures. At the request of the FAA, two
separate CATEX forms were submitted for review. The initial CATEX form, which
only focused on the rehabilitation of the existing pavement and ancillary facilities,
was approved on 1/31/17. A second CATEX form was submitted for the minor
apron expansion only. In support of that CATEX, a Western Burrowing Owl Habitat
Assessment was prepared. The assessment evaluated potential impacts of the
proposed expansion on the Western Burrowing Owl, as they are known to
frequent similar habitat. The assessment concluded that were was no presence of
the species but recommended that a qualified biologist conduct preconstruction
City of Palo Alto Page 7
surveys 30 days prior to construction to confirm that no owls have moved into the
area.The CATEX was approved by the FAA on 4/19/17.
California Environmental Quality Act
Environmental Assessment: Exempt From the Provisions of the California
Environmental Quality Act (CEQA) per Guideline Section 15302 (Replacement or
Reconstruction)
The subject project has been assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act (CEQA), the State
CEQA Guidelines, and the environmental regulations of the City. Specifically, the
project is categorically exempt from the provisions of CEQA per Section 15301
(Existing Facilities). See the Notice of Exemption included in Attachment B, which
was filed with the County following Minor Architectural Review approval of the
project.
Policy Implications
This project is consistent with City Council’s 2017 priorities: Infrastructure.
Attachments:
·Attachment A: National Environmental Protection Act (NEPA)
·Attachment B: California Environmental Quality Act (CEQA)
·Attachment C: DeSilva Gates Construction LP -Contract C18167808C
·Attachment D: Mead & Hunt Inc. -Amendment No. 2 C15155208B
·Attachment E: C&S Engineers Inc. -Amendment No. 4 C15155208A
·Attachment F: FAA Airport Grant Assurances
·Attachment G: Bid Summary
·Attachment H: Apron Reconstruction -Phase I Project Map
·Attachment I: RESO DOT Grant Agreement
Western-Pacific RegionAirports Division San Francisco Airports District Office1000 Marina Boulevard, Suite 220
Brisbane, CA 94005-1835
April 19, 2017
Mr. Andrew Swanson
Airport Manager
Palo Alto Airport
250 Hamilton Avenue
Palo Alto, CA 94301
Subject: Environmental Evaluation of Palo Alto Airport Project: Aircraft Apron Expansion
Dear Mr. Swanson:
The Federal Aviation Administration (FAA) has reviewed the environmental information
you submitted for the Palo Alto Airport Project: Aircraft Apron Expansion. Our office
issued a conditional approval of a “pen-and-ink” change to add this project to your airport
layout plan by letter of April 12, 2017.
The FAA has determined the proposed project is Categorically Excluded pursuant to FAA
Order 1050.1F as it relates to the National Environmental Policy Act of 1969, as amended
(NEPA). Therefore, no further federal environmental disclosure documentation for this
project is necessary for NEPA purposes.
This letter notifies you that the proposed project has complied with NEPA only. This is
not a notice of final project approval of funding availability.
If you have any questions regarding this matter I am available at 650-827-7612, or email
me at Douglas.Pomeroy@faa.gov.
Sincerely,
Original signed by
Douglas R. Pomeroy
Environmental Protection Specialist
Chron 611 621 Site 2
Attachment A
Attachment A
U.S. Deportment
of Transportation
Federal Aviation
Administration
January 31, 2017
Mr. Andrew Swanson
Airport Manager
Palo Alto Airport
250 Hamilton A venue
Palo Alto, CA 94301
Western-Pacific Region
Airports Division
San Francisco Airports District Office
1000 Marina Boulevard, Suite 220
Brisbane, CA 94005-1835
Subject: Environmental Evaluation In Part of Palo Alto Airport Project: Aircraft Parking
Apron Reconstruction
Dear Mr. Swanson:
The Federal Aviation Administration (FAA) has reviewed the environmental information
you submitted for the Palo Alto Airport Project: Aircraft Parking Apron Reconstruction.
Most of this project would occur on existing pavement, but some of the project is proposed
for areas that are not on existing pavement. The portion of the project on existing pavement
is depicted as aircraft parking apron on the most recent FAA conditionally-approved Airport
Layout Plan (ALP) on file with our office dated Septe1uber 18, 2014. The portion of the
project that is not currently paved is on undeveloped grassland and is not depicted as future
aircraft parking apron on the most recent FAA conditionally-approved ALP (See Enclosure
1).
Therefore, for the areas on existing pavement only, the FAA has detennined the proposed
project is Categorically Excluded pursuant to FAA Order 1050.1 Fas it relates to the
National Environmental Policy Act of 1969, as amended (NEPA). Therefore, no further
federal environmental disclosure documentation for NEPA purposes is necessary for the
project areas on existing pavement.
For the proposed airport parking apron areas that are currently grassland, and not depicted as
future aircraft parking apron on the FAA conditionally-approved ALP, please work with our
San Francisco Airports District Office Airport Planner for your airport, Katherine Kennedy,
telephone 650-827-7611 , e-mail katherine.kennedy@faa.gov, to get the remaining proposed
apron area depicted as future aircraft apron on a FAA-approved ALP.
Once those areas are depicted on a FAA conditionally-approved ALP, please submit an
additional Documented Categorical Exclusion form to cover those areas. l recommend that
the additional Documented Categorical Exclusion include an expanded preconstruction
biological survey, which includes burrowing owls and all birds protected by the Migratory
Bird Treaty Act. This is because a Migratory Bird Treaty Act permit is required to disturb
or remove an active nest of any migratory bird, not just burrowing owls. l recommend that
you conduct at least one migratory nesting bird survey not more than 30 days in advance of
construction if you propose to conduct construction in the grassland areas between February
l and August 31. This preconstruction survey should also fo llow the California Department
of Fish and Wildlife Staff Report on Burrowing Owl Mitigation (2012). If burrowing owls
or other migratory birds are found to be nesting during the monitoring survey, contact the
California Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, and this
office for further assistance regarding how to proceed.
This letter notifies you that the portion of the proposed project on existing paved
surfaces has complied with NEPA only. This is not a notice of final project approval of
funding availability for the rehabilitation of the existing apron. As stated above, the
development of additional apron on undeveloped grassland cannot proceed until after the
proposed additional apron is depicted on an updated ALP and an additional Documented
Categorical Exclusion for that area is submitted, evaluated, and accepted by the FAA as
adequate documentation to comply with the NEPA.
If you have any questions regarding this matter I am available at 650-827-7612, or email
me at Douglas.Pomeroy@faa.gov.
Sincerely,
Original signed by
Douglas R. Pomeroy
Environmental Protection Specialist
Enclosure: Annotated diagram of portion of Palo Alto Airport, Airport Layout Plan
Chron 611 62 1 Site 2
2
Attachment B
Santa Clara. County -Clerk-Recorder Office
State of California
County of Santa Clara
Office of the County Clerk-Recorder
Business Division
File Number: ENV20876
ENVIRONMENTAL FILING
No. of Pages: 2
Total Fees: $50.00 County Government Center
70 West Hedding Street, E. Wing, 1st Floor
San Jose, California 95110 (408) 299-5688
Fiie Date: 05/30/2017
Expires: 06/29/20.17
CEQA DOCUMENT DECLARATION
REGINA ALCOMENDRAS, Clerk-Recorder ·
By: Mike Louie, Deputy Clerk-Recorder
ENVIRONMENTAL FILING FEE RECEIPT
PLEASE COMPLETE THE FOLLOWING:
1. LEAD AGENCY: City of Palo Alto
2. PROJECT TITLE: Palo Alto Airport Apron ~econstruction
3. APPLICANT NAME: City of Palo Alt~, Publi.c Works Engineering, Airport Division PHONE: 650-329-26187
4. APPLICANT ADDRESS: 1925 Embarcadero Road ,Palo Alto, CA 94303
s~ PROJECT APPLICANT IS A: Iii Local Public Agency D School District a Other Special District D State Agency D Private Entity
6. NOTICE TO BE POSTED FOR 30' DAYS.
7. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT
a. PROJECTS THAT ARE SUBJECT TO DFG FEES
0 1. ENVIRONMENTAL IMPACT REPORT (PUBLIC RESO!.!RCES CODE §21152)
0 2. NEGATIVE DECLARATION (PUBLIC RESOURCES CODE §21080(C) .
D 3. APPLICATION FEE WATER DIVERSION (STATE WATER RESOUR<;ES CONTROL SOARD ONLY)
0 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS
0 5. COUNTY ADMINISTRATIVE FEE (REQUIRED FOR a-1 THROUGH a-4 ABOVE)
Fish & Game Code §711.4( e) · . .
b. PROJECTS THAT ARE EXEMPT FROM DFG FEES
IEJ ~. NOTICE OF EXEMPTION ($50.00 <?OUNTY ADMINISTRATwE FEE REQUIRED)
$ 3,078.25
$ 2,216.25
$ 850.00
-$.1,046.50
$ 50.00
$ 50.00
0 2. A COMPLETED "CEQA FILING FEE NO EFFECT DETERM.INATION FORM" FROM THE
DEPARTMENT OF FISH & GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT
WILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT/·
PROOF OF· PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE *SA.ME
PROJE~T .IS ATTACHED ($50.00. COUNTY AD~INISTRA TIVE FEE REQUIRE;D)
DOCUMENT TYPE: 0 ENVIRONMENTAL IMPACT REPORT D NEGATIVE DECLARATION $ 50.00
c: NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES
D NOTICE OF PREPARATION Cl NOTICE OF INTENT NO FEE
. $ 0.00
$ 0.00
$ 0.00
·$ 0.00
$ 0.00
$· 50.00
$ ___ o_.o_o __
$ __ __..N ..... O .... F ... E._E
8. OTHER: _________________________ FEE (!~APPLICABLE): $ ____ _
9. i:oTAL RECEIVED ....................................................... ,................................................................................................ $ 50.00
*NOTE: "SAME PROJECT' MEANS~ CHANGES. IF. THE DOCUMENT SUBMlni;D IS NOT THE SAME {OTHER THAN DATES). A "NO EFFECT
DETERMINATION" LETTER FROM THE DEPARTMENT OF FISH AND GAME fOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE
REQUIRED.
THIS FORM" MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE CINCLUDING ~) -
Sl)BMITIED FOR FILING •. WE WILL NEED AN ORIGINAL {WET SIGNATURE) AND lWO (2) COPIES. (YOUR ORIGINAL WILL BE RETURNED
TO YOU AT THE TIME OF FILING.) --
CHECKS FOR ALL FE;ES SHOULD BF MADE PAYABLE TO: SANTA CLARA CO~NTY CLERK-RECORDER I•
PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED (Fish & Game Code §711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT
OF FISH AND GAME FOR THE LATEST FEE· INFORMATION.
· " •. : NO PROJECT SHALL BE OPERA.TIVE, VESTED, OR FINAL, NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID,
· . UNTtL'THE FILING FEES REQUIRED PURSUANT TO THIS SECTION ARE PAID." Fish & Game Code §711.4(c)(3) .
(Feea Effective 01-01-2017)
·~··· .. • I'
CITY OF
PALO Notice of Exemption
ALTO
Project Title: Palo Alto Airport Apron Reconstruction
Project Location (include county): 1925 Embarcadero Road, Palo Alto, CA 94303 (Santa Clara Co.)
Project Description:
The project includes reconstruction of a portion of the aircraft parking apron and replacement of the apron security
lighting. Following reconstruction, the aircraft tie-downs would be re-installed and the tie down areas re-marked to
comply with FAA standards. A small area within the fenced airport boundary would be paved that is not currently paved
to allow the airport to maintain the same tie-down capacity while complying with FAA standards for the tie-down
dimensions.
Name of Public Agency Approving Project: City of Palo Alto
Name of Person or Agency Carrying Out Project: City of Palo Alto, Public Works Engineering, Airport Division
Exempt Status: (check one)
D Ministerial (Sec. 21080(b )( 1 ); 15268);
D Declared Emergency (Sec. 21080(b)(3); 15269(a));
D Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
1tJ Categorical Exemption: 15302 Reconstruction or Replacement
D Statutory Exemptions. State code number
Reasons why project is exempt:
Categorical Exemption Class 2 consists of replacement or reconstruction of existing structures and facilities where the
new structure will be located on the same site as the one replaced and will have substantially the same purpose and
capacity as the structure replaced.
The proposed project includes reconstruction of the existing apron parking facility area and its replacement in the same
location. Although there is a minor additional paved area proposed within the facility fenceline, this paving would not
increase the capacity of the parking facility area to allow for more tie-downs. The total airplane tie-down capacity would
remain unchanged but is being re-marked to comply with Federal Aviation Administration standards. The light poles at
the airport would also be replaced with new light poles. The number of poles and type of poles would similar to existing
and replaced in approximately the same location but the light fixtures used will be more energy efficient. The photometric
studies included in the project plans on file with the City show that the new lighting would not result in any spillover
lighting beyond the property line of the airport.
Project Planner: _Claire Hodgkins, Project Planner_ Email: Claire.hodgkins@cityofpaloalto.org
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? D Yes 181 N/A
Associate Planner May 17, 2017
Signature (Public Agency) Title Date
Invitation for Bid (IFB) Package 1 Rev. March 17, 2017
CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
Contract No. C18167808C
Apron Reconstruction Phase 1- (Bid Set A) (Re-Bid)
Project
Attachment C
Invitation for Bid (IFB) Package 2 Rev. March 17, 2017
CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS…………………………………….…………..6
1.1 Recitals…………………………………………………………………………………………………………………….6
1.2 Definitions……………………………………………………………………………………………………………….6
SECTION 2 THE PROJECT………………………………………………………………………………………………………...6
SECTION 3 THE CONTRACT DOCUMENTS………………………………………………………………………………..7
3.1 List of Documents…………………………………………………………………………………………….........7
3.2 Order of Precedence……………………………………………………………………………………………......7
SECTION 4 CONTRACTOR’S DUTY…………………………………………………………………………………………..8
4.1 Contractor's Duties…………………………………………………………………………………………………..8
SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..8
5.1 Contractor's Co-operation………………………………………………………………………………………..8
SECTION 6 TIME OF COMPLETION…………………………………………………………………………………….......8
6.1 Time Is of Essence…………………………………………………………………………………………………….8
6.2 Commencement of Work…………………………………………………………………………………………8
6.3 Contract Time…………………………………………………………………………………………………………..8
6.4 Liquidated Damages…………………………………………………………………………………………………8
6.4.1 Other Remedies……………………………………………………………………………………………………..9
6.5 Adjustments to Contract Time………………………………………………………………………………….9
SECTION 7 COMPENSATION TO CONTRACTOR……………………………………………………………………….9
7.1 Contract Sum……………………………………………………………………………………………………………9
7.2 Full Compensation……………………………………………………………………………………………………9
SECTION 8 STANDARD OF CARE……………………………………………………………………………………………..9
8.1 Standard of Care…………………………………………………………………………………..…………………9
SECTION 9 INDEMNIFICATION…………………………………………………………………………………………..…10
9.1 Hold Harmless……………………………………………………………………………………………………….10
9.2 Survival…………………………………………………………………………………………………………………10
SECTION 10 NON-DISCRIMINATION……..………………………………………………………………………………10
10.1 Municipal Code Requirement…………….………………………………..……………………………….10
SECTION 11 INSURANCE AND BONDS.…………………………………………………………………………………10
Invitation for Bid (IFB) Package 3 Rev. March 17, 2017
CONSTRUCTION CONTRACT
11.1 Evidence of Coverage…………………………………………………………………………………………..10
SECTION 12 PROHIBITION AGAINST TRANSFERS…………………………………………………………….…11
12.1 Assignment………………………………………………………………………………………………………….11
12.2 Assignment by Law.………………………………………………………………………………………………11
SECTION 13 NOTICES …………………………………………………………………………………………………………….11
13.1 Method of Notice …………………………………………………………………………………………………11
13.2 Notice Recipents ………………………………………………………………………………………………….11
13.3 Change of Address……………………………………………………………………………………………….12
SECTION 14 DEFAULT…………………………………………………………………………………………………………...12
14.1 Notice of Default………………………………………………………………………………………………….12
14.2 Opportunity to Cure Default…………………………………………………………………………………12
SECTION 15 CITY'S RIGHTS AND REMEDIES…………………………………………………………………………..13
15.1 Remedies Upon Default……………………………………………………………………………………….13
15.1.1 Delete Certain Services…………………………………………………………………………………….13
15.1.2 Perform and Withhold……………………………………………………………………………………..13
15.1.3 Suspend The Construction Contract…………………………………………………………………13
15.1.4 Terminate the Construction Contract for Default………………………………………………13
15.1.5 Invoke the Performance Bond………………………………………………………………………….13
15.1.6 Additional Provisions……………………………………………………………………………………….13
15.2 Delays by Sureties……………………………………………………………………………………………….13
15.3 Damages to City…………………………………………………………………………………………………..14
15.3.1 For Contractor's Default…………………………………………………………………………………..14
15.3.2 Compensation for Losses…………………………………………………………………………………14
15.4 Suspension by City……………………………………………………………………………………………….14
15.4.1 Suspension for Convenience……………………………………………………………………………..14
15.4.2 Suspension for Cause………………………………………………………………………………………..14
15.5 Termination Without Cause…………………………………………………………………………………14
15.5.1 Compensation………………………………………………………………………………………………….15
15.5.2 Subcontractors………………………………………………………………………………………………..15
15.6 Contractor’s Duties Upon Termination………………………………………………………………...15
SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES……………………………………………………………16
16.1 Contractor’s Remedies……………………………………..………………………………..………………….16
Invitation for Bid (IFB) Package 4 Rev. March 17, 2017
CONSTRUCTION CONTRACT
16.1.1 For Work Stoppage……………………………………………………………………………………………16
16.1.2 For City's Non-Payment…………………………………………………………………………………….16
16.2 Damages to Contractor………………………………………………………………………………………..16
SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….…16
17.1 Financial Management and City Access………………………………………………………………..16
17.2 Compliance with City Requests…………………………………………………………………………….17
SECTION 18 INDEPENDENT PARTIES……………………………………………………………………………………..17
18.1 Status of Parties……………………………………………………………………………………………………17
SECTION 19 NUISANCE……………………………………………………………………………………………………….…17
19.1 Nuisance Prohibited……………………………………………………………………………………………..17
SECTION 20 PERMITS AND LICENSES…………………………………………………………………………………….17
20.1 Payment of Fees…………………………………………………………………………………………………..17
SECTION 21 WAIVER…………………………………………………………………………………………………………….17
21.1 Waiver………………………………………………………………………………………………………………….17
SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS……………………………….18
22.1 Governing Law…………………………………………………………………………………………………….18
22.2 Compliance with Laws…………………………………………………………………………………………18
22.2.1 Palo Alto Minimum Wage Ordinance…………….………………………………………………….18
SECTION 23 COMPLETE AGREEMENT……………………………………………………………………………………18
23.1 Integration………………………………………………………………………………………………………….18
SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………..18
24.1 Survival of Provisions……………………………………………………………………………………………18
SECTION 25 PREVAILING WAGES………………………………………………………………………………………….18
SECTION 26 NON-APPROPRIATION……………………………………………………………………………………….19
26.1 Appropriation………………………………………………………………………………………………………19
SECTION 27 AUTHORITY……………………………………………………………………………………………………….19
27.1 Representation of Parties…………………………………………………………………………………….19
SECTION 28 COUNTERPARTS………………………………………………………………………………………………..19
28.1 Multiple Counterparts………………………………………………………………………………………….19
SECTION 29 SEVERABILITY……………………………………………………………………………………………………19
29.1 Severability………………………………………………………………………………………………………….19
SECTION 30 STATUTORY AND REGULATORY REFERENCES …………………………………………………..19
Invitation for Bid (IFB) Package 5 Rev. March 17, 2017
CONSTRUCTION CONTRACT
30.1 Amendments of Laws…………………………………………………………………………………………..19
SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………………….….19
31.1 Workers Compensation…………………………………………………………………………………….19
SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS………………………………..…20
32.1 General Notice to Contractor…………………………………………………………………………….20
32.2 Labor Code section 1771.1(a)…………………………………………………………………………….20
32.3 DIR Registration Required…………………………………………………………………………………20
32.4 Posting of Job Site Notices…………………………………………………………………………………20
32.5 Payroll Records…………………………………………………………………………………………………20
Invitation for Bid (IFB) Package 6 Rev. March 17, 2017
CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT entered into on August 28, 2017 (“Execution Date”) by and between the
CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and DeSilva Gates Constriction
LP ("Contractor"), is made with reference to the following:
R E C I T A L S:
A. City is a municipal corporation duly organized and validly existing under the laws of the State of
California with the power to carry on its business as it is now being conducted under the statutes of the
State of California and the Charter of City.
B. Contractor is a Limited Partnership duly organized and in good standing in the State of California,
Contractor’s License Number 704195 and Department of Industrial Relations Registration Number
1000003628. Contractor represents that it is duly licensed by the State of California and has the
background, knowledge, experience and expertise to perform the obligations set forth in this Construction
Contract.
C. On July 3, 2017, City issued an Invitation for Bids (IFB167808C) to contractors for the Apron
Reconstruction Phase 1- (Bid Set A)(Re-bid) (“Project”). In response to the IFB, Contractor submitted a Bid.
D. City and Contractor desire to enter into this Construction Contract for the Project, and other
services as identified in the Contract Documents for the Project upon the following terms and conditions.
NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, it is mutually agreed by and between the undersigned parties as follows:
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.
1.1 Recitals.
All of the recitals are incorporated herein by reference.
1.2 Definitions.
Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General
Conditions. If there is a conflict between the definitions in this Construction Contract and in the General
Conditions, the definitions in this Construction Contract shall prevail.
SECTION 2 THE PROJECT.
The Project is the Apron Reconstruction Phase 1- (Bid Set A) Project, located at 1925 Embarcadero Road,
Palo Alto, CA. 94303 ("Project").
Invitation for Bid (IFB) Package 7 Rev. March 17, 2017
CONSTRUCTION CONTRACT
SECTION 3 THE CONTRACT DOCUMENTS.
3.1 List of Documents.
The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist
of the following documents which are on file with the Purchasing Division and are hereby incorporated by
reference.
1) Change Orders
2) Field Orders
3) Contract
4) Bidding Addenda
5) Special Provisions
6) General Conditions
7) Project Plans and Drawings
8) Technical Specifications
9) Instructions to Bidders
10) Invitation for Bids
11) Contractor's Bid/Non-Collusion Declaration
12) Reports listed in the Contract Documents
13) Public Works Department’s Standard Drawings and Specifications (most current version at
time of Bid)
14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current
version at time of Bid)
15) City of Palo Alto Traffic Control Requirements
16) City of Palo Alto Truck Route Map and Regulations
17) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre-
Qualification Checklist (if applicable)
18) Performance and Payment Bonds
3.2 Order of Precedence.
For the purposes of construing, interpreting and resolving inconsistencies between and among the
provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the
preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City
shall have the sole power to decide which document or provision shall govern as may be in the best
interests of the City.
Invitation for Bid (IFB) Package 8 Rev. March 17, 2017
CONSTRUCTION CONTRACT
SECTION 4 CONTRACTOR’S DUTY.
4.1 Contractor’s Duties
Contractor agrees to perform all of the Work required for the Project, as specified in the Contract
Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all
things necessary and incidental for the timely performance and completion of the Work, including, but not
limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless
otherwise specified in the Contract Documents. Contractor also agrees to use its best efforts to complete
the Work in a professional and expeditious manner and to meet or exceed the performance standards
required by the Contract Documents.
SECTION 5 PROJECT TEAM.
5.1 Contractor’s Co-operation.
In addition to Contractor, City has retained, or may retain, consultants and contractors to provide
professional and technical consultation for the design and construction of the Project. The Contract
requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other
members of the Project Team and other contractors retained by City to construct other portions of the
Project.
SECTION 6 TIME OF COMPLETION.
6.1 Time Is of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
6.2 Commencement of Work.
Contractor shall commence the Work on the date specified in City’s Notice to Proceed.
6.3 Contract Time.
Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed
not later than .
within ninety calendar days (90) for the base bid items, within sixty calendar days(60) for
Alternate 1 bid items, within fifteen calendar days(15) for Alternate 2 bid items, within six calendar
days(6) for Alternate 3 bid items, and within four calendar days(4) for Alternate 4 after the commencement
date specified in City’s Notice to Proceed..
By executing this Construction Contract, Contractor expressly waives any claim for delayed early
completion.
6.4 Liquidated Damages.
Pursuant to Government Code Section 53069.85, if Contractor fails to achieve Substantial Completion of
the entire Work within the Contract Time, including any approved extensions thereto, City may assess
liquidated damages on a daily basis for each day of Unexcused Delay in achieving Substantial Completion,
based on the amount of Two thousand dollars ($2,000) per day, or as otherwise specified in the Special
Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified
elsewhere in the Contract Documents, regardless of impact on the time for achieving Substantial
Invitation for Bid (IFB) Package 9 Rev. March 17, 2017
CONSTRUCTION CONTRACT
Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable
estimate of the amount of damages City will suffer by delay in completion of the Work. The City is entitled
to setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor,
including, but not limited to, setoff against release of retention. If the total amount of liquidated damages
assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from
Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Substantial
Completion, shall not operate as a waiver of City’s right to assess liquidated damages.
6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may
have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial
Completion of the entire Work within the Contract Time.
6.5 Adjustments to Contract Time.
The Contract Time may only be adjusted for time extensions approved by City and memorialized in a
Change Order approved in accordance with the requirements of the Contract Documents.
SECTION 7 COMPENSATION TO CONTRACTOR.
7.1 Contract Sum.
Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract
Documents the Contract Sum of Eight million four hundred three thousand four hundred fifty one Dollars
($8,403,451.00).
[This amount includes the Base Bid and Additive Alternates 1-4.]
7.2 Full Compensation.
The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor
and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all
Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties
or obstructions which may arise or be encountered in performance of the Work until its Acceptance by
City, all risks connected with the Work, and any and all expenses incurred due to suspension or
discontinuance of the Work, except as expressly provided herein. The Contract Sum may only be adjusted
for Change Orders approved in accordance with the requirements of the Contract Documents.
SECTION 8 STANDARD OF CARE.
8.1 Standard of Care.
Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised
personnel. All services performed in connection with this Construction Contract shall be performed in a
manner consistent with the standard of care under California law applicable to those who specialize in
providing such services for projects of the type, scope and complexity of the Project.
Invitation for Bid (IFB) Package 10 Rev. March 17, 2017
CONSTRUCTION CONTRACT
SECTION 9 INDEMNIFICATION.
9.1 Hold Harmless.
To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City
Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter
individually referred to as an “Indemnitee” and collectively referred to as "Indemnitees"), through legal
counsel acceptable to City, from and against any and liability, loss, damage, claims, expenses (including,
without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or
arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or
omissions of Contractor, its employees, Subcontractors, representatives, or agents, in performing the Work
or its failure to comply with any of its obligations under the Contract, except such Liability caused by the
active negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor shall pay City for any
costs City incurs to enforce this provision. Except as provided in Section 9.2 below, nothing in the Contract
Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against
City or any other Indemnitee.
Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of
any third-party claim relating to the Contract.
9.2 Survival.
The provisions of Section 9 shall survive the termination of this Construction Contract.
SECTION 10 NON-DISCRIMINATION.
10.1 Municipal Code Requirement.
As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of
this Agreement, it shall not discriminate in the employment of any person because of the race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status,
familial status, weight or height of such person. Contractor acknowledges that it has read and understands
the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and will comply with all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 11 INSURANCE AND BONDS.
11.1 Evidence of coverage.
Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with
evidence that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all
requirements in Article 11 of the General Conditions.
Invitation for Bid (IFB) Package 11 Rev. March 17, 2017
CONSTRUCTION CONTRACT
SECTION 12 PROHIBITION AGAINST TRANSFERS.
12.1 Assignment.
City is entering into this Construction Contract in reliance upon the stated experience and qualifications of
the Contractor and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not
assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by
operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or
transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract
and grounds for default in addition to any other legal or equitable remedy available to the City.
12.2 Assignment by Law.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of
Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor
is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of
Contractor, shall be construed as an assignment of this Construction Contract. Control means more than
fifty percent (50%) of the voting power of the corporation or other entity.
SECTION 13 NOTICES.
13.1 Method of Notice.
All notices, demands, requests or approvals to be given under this Construction Contract shall be given in
writing and shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and
addressed as hereinafter provided;
(iii) On the date sent if sent by facsimile transmission;
(iv) On the date sent if delivered by electronic mail; or
(v) On the date it is accepted or rejected if sent by certified mail.
13.2 Notice to Recipients.
All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from
Contractor to City shall include the Project name and the number of this Construction Contract and shall be
addressed to City at:
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 Administration, Airport Division
1925 Embarcadero Road
Palo Alto, CA 94303
Attn: James Wadleigh
AND
[Include Construction Manager, If Applicable.]
Invitation for Bid (IFB) Package 12 Rev. March 17, 2017
CONSTRUCTION CONTRACT
City of Palo Alto
Utilities Engineering
250 Hamilton Avenue
Palo Alto, CA 94301
Attn:
In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the
following:
Palo Alto City Attorney’s Office
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, California 94303
All Claims shall be sent by registered mail or certified mail with return receipt requested.
All notices, demands, requests or approvals from City to Contractor shall be addressed to:
DeSilva Gates Construction, L.P.
11555 Dublin Boulevard
Dublin, CA 94568
Attn: Richard B. Gates
13.3 Change of Address.
In advance of any change of address, Contractor shall notify City of the change of address in writing. Each
party may, by written notice only, add, delete or replace any individuals to whom and addresses to which
notice shall be provided.
SECTION 14 DEFAULT.
14.1 Notice of Default.
In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any
of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract
Documents, City may give written notice of default to Contractor in the manner specified for the giving of
notices in the Construction Contract, with a copy to Contractor’s performance bond surety.
14.2 Opportunity to Cure Default.
Except for emergencies, Contractor shall cure any default in performance of its obligations under the
Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt
of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will
commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require)
and will diligently and continuously prosecute such cure to completion within a reasonable time, which
shall in no event be later than ten (10) Days after receipt of such written notice.
Invitation for Bid (IFB) Package 13 Rev. March 17, 2017
CONSTRUCTION CONTRACT
SECTION 15 CITY'S RIGHTS AND REMEDIES.
15.1 Remedies Upon Default.
If Contractor fails to cure any default of this Construction Contract within the time period set forth above
in Section 14, then City may pursue any remedies available under law or equity, including, without
limitation, the following:
15.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete
certain portions of the Work, reserving to itself all rights to Losses related thereto.
15.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage
others to perform the Work or portion of the Work that has not been adequately performed by
Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to
itself all rights to Losses related thereto.
15.1.3 Suspend The Construction Contract. City may, without terminating the Construction
Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of
this Construction Contract for as long a period of time as City determines, in its sole discretion,
appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract
Time, and shall have no liability to Contractor for damages if City directs Contractor to resume
Work.
15.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate
this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure
any default as required by Section 14. City’s election to terminate the Construction Contract for
default shall be communicated by giving Contractor a written notice of termination in the manner
specified for the giving of notices in the Construction Contract. Any notice of termination given to
Contractor by City shall be effective immediately, unless otherwise provided therein.
15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction
Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the
Performance Bond.
15.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract
are cumulative, and shall be in addition to those rights and remedies available in law or in equity.
Designation in the Contract Documents of certain breaches as material shall not waive the City’s
authority to designate other breaches as material nor limit City’s right to terminate the
Construction Contract, or prevent the City from terminating the Agreement for breaches that are
not material. City’s determination of whether there has been noncompliance with the
Construction Contract so as to warrant exercise by City of its rights and remedies for default under
the Construction Contract, shall be binding on all parties. No termination or action taken by City
after such termination shall prejudice any other rights or remedies of City provided by law or
equity or by the Contract Documents upon such termination; and City may proceed against
Contractor to recover all liquidated damages and Losses suffered by City.
15.2 Delays by Sureties.
Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for
completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the
date of the notice of termination, Contractor’s surety shall be deemed to have waived its right to complete
the Work under the Contract, and City may immediately make arrangements for the completion of the
Work through use of its own forces, by hiring a replacement contractor, or by any other means that City
determines advisable under the circumstances. Contractor and its surety shall be jointly and severally
Invitation for Bid (IFB) Package 14 Rev. March 17, 2017
CONSTRUCTION CONTRACT
liable for any additional cost incurred by City to complete the Work following termination. In addition, City
shall have the right to use any materials, supplies, and equipment belonging to Contractor and located at
the Worksite for the purposes of completing the remaining Work.
15.3 Damages to City.
15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or
equity in the event of Contractor’s default under the Contract Documents.
15.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default
under the Contract Documents, City shall be entitled to deduct the cost of such Losses from
monies otherwise payable to Contractor. If the Losses incurred by City exceed the amount
payable, Contractor shall be liable to City for the difference and shall promptly remit same to City.
15.4 Suspension by City
15.4.1 Suspension for Convenience. City may, at any time and from time to time, without
cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for
such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order
shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order,
Contractor shall, at City’s expense, comply with the order and take all reasonable steps to
minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or
extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change
Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or
expires, Contractor shall resume and continue with the Work. A Change Order will be issued to
cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such
suspension. A Suspension Order shall not be the exclusive method for City to stop the Work.
15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor
fails to perform or correct work in accordance with the Contract Documents, City may
immediately order the Work, or any portion thereof, suspended until the cause for the suspension
has been eliminated to City’s satisfaction. Contractor shall not be entitled to an increase in
Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply
with the Contract Documents. City’s right to suspend the Work shall not give rise to a duty to
suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to
Contractor’s failure to comply with the requirements of the Contract Documents.
15.5 Termination Without Cause.
City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole
upon written notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply
with the notice and take all reasonable steps to minimize costs to close out and demobilize. The
compensation allowed under this Paragraph 15.5 shall be the Contractor’s sole and exclusive
compensation for such termination and Contractor waives any claim for other compensation or Losses,
including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other
consequential, direct, indirect or incidental damages of any kind resulting from termination without cause.
Termination pursuant to this provision does not relieve Contractor or its sureties from any of their
obligations for Losses arising from or related to the Work performed by Contractor.
Invitation for Bid (IFB) Package 15 Rev. March 17, 2017
CONSTRUCTION CONTRACT
15.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt
of a billing from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City
shall pay the following to Contractor as Contractor’s sole compensation for performance of the
Work :
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the
Work properly performed by Contractor as of the date of termination, less sums previously paid to
Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without
limitation, all billing and accounting functions, not including attorney or expert fees) for a
period of no longer than thirty (30) Days after receipt of the notice of termination.
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site
which were fabricated for subsequent incorporation in the Work.
.4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of
the above items, provided Contractor can prove a likelihood that it would have made a profit if
the Construction Contract had not been terminated.
15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase
orders and other contracts permitting termination for convenience by Contractor on terms that
are consistent with this Construction Contract and that afford no greater rights of recovery against
Contractor than are afforded to Contractor against City under this Section.
15.6 Contractor’s Duties Upon Termination.
Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice
directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice;
(ii) Place no further orders or subcontracts for materials, equipment, services or facilities,
except as may be necessary for completion of such portion of the Work that is not
discontinued;
(iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the
notice of termination, of all subcontracts, purchase orders and contracts that are
outstanding, including, without limitation, the terms of the original price, any changes,
payments, balance owing, the status of the portion of the Work covered and a copy of
the subcontract, purchase order or contract and any written changes, amendments or
modifications thereto, together with such other information as City may determine
necessary in order to decide whether to accept assignment of or request Contractor to
terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions
thereof, that City elects to accept by assignment and cancel, on the most favorable terms
reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof,
that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already
in progress and to protect materials, plants, and equipment on the Project Site or in
transit thereto.
Upon termination, whether for cause or for convenience, the provisions of the Contract
Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees,
Invitation for Bid (IFB) Package 16 Rev. March 17, 2017
CONSTRUCTION CONTRACT
submittals of as-built drawings, instructions, or manuals, or other such rights and obligations
arising prior to the termination date.
SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES.
16.1 Contractor’s Remedies.
Contractor may terminate this Construction Contract only upon the occurrence of one of the following:
16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act
or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any
Subcontractor, due to issuance of an order of a court or other public authority other than City
having jurisdiction or due to an act of government, such as a declaration of a national emergency
making material unavailable. This provision shall not apply to any work stoppage resulting from
the City’s issuance of a suspension notice issued either for cause or for convenience.
16.1.2 For City's Non-Payment. If City does not make pay Contractor undisputed sums within
ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the
Construction Contract (30) days following a second notice to City of Contractor’s intention to
terminate the Construction Contract.
16.2 Damages to Contractor.
In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in
Paragraph 15.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation
and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of
anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental
damages, of any kind.
SECTION 17 ACCOUNTING RECORDS.
17.1 Financial Management and City Access.
Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper
financial management under this Construction Contract in accordance with generally accepted accounting
principles and practices. City and City's accountants during normal business hours, may inspect, audit and
copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence,
instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data
relating to this Project. Contractor shall retain these documents for a period of three (3) years after the
later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such
longer period as may be required by law.
Invitation for Bid (IFB) Package 17 Rev. March 17, 2017
CONSTRUCTION CONTRACT
17.2 Compliance with City Requests.
Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent
to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's
right to receive further payments under the Contract Documents. City many enforce Contractor’s
obligation to provide access to City of its business and other records referred to in Section 17.1 for
inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court
of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral
testimony.
SECTION 18 INDEPENDENT PARTIES.
18.1 Status of parties.
Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures’
of the other party. City, its officers or employees shall have no control over the conduct of Contractor or
its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.
SECTION 19 NUISANCE.
19.1 Nuisance Prohibited.
Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in
connection in the performance of services under this Construction Contract.
SECTION 20 PERMITS AND LICENSES.
20.1 Payment of Fees.
Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall
provide, procure and pay for all licenses, permits, and fees, required by the City or other government
jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses
for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation
shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set
forth in the licenses or permits issued by other agencies.
SECTION 21 WAIVER.
21.1 Waiver.
A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be
deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, whether of the same or a different character.
Invitation for Bid (IFB) Package 18 Rev. March 17, 2017
CONSTRUCTION CONTRACT
SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS.
22.1 Governing Law.
This Construction Contract shall be construed in accordance with and governed by the laws of the State of
California, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, and no
other place.
22.2 Compliance with Laws.
Contractor shall comply with all applicable federal and California laws and city laws, including, without
limitation, ordinances and resolutions, in the performance of work under this Construction Contract.
22.2.1 Palo Alto Minimum Wage Ordinance. Contractor shall comply with all requirements of
the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from
time to time. In particular, for any employee otherwise entitled to the State minimum wage, who
performs at least two (2) hours of work in a calendar week within the geographic boundaries of
the City, Contractor shall pay such employees no less than the minimum wage set forth in Palo
Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of
the City of Palo Alto. In addition, Contractor shall post notices regarding the Palo Alto Minimum
Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 23 COMPLETE AGREEMENT.
23.1 Integration.
This Agreement represents the entire and integrated agreement between the parties and supersedes all
prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended
only by a written instrument, which is signed by the parties.
SECTION 24 SURVIVAL OF CONTRACT.
24.1 Survival of Provisions.
The provisions of the Construction Contract which by their nature survive termination of the Construction
Contract or Final Completion, including, without limitation, all warranties, indemnities, payment
obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect
after Final Completion or any termination of the Construction Contract.
SECTION 25 PREVAILING WAGES.
This Project is not subject to prevailing wages. Contractor is not required to pay prevailing wages in the
performance and implementation of the Project in accordance with SB 7, if the public works contract does
not include a project of $25,000 or less, when the project is for construction work, or the contract does not
include a project of $15,000 or less, when the project is for alteration, demolition, repair, or maintenance
(collectively, ‘improvement’) work.
Or
Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the
California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has
obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work
Invitation for Bid (IFB) Package 19 Rev. March 17, 2017
CONSTRUCTION CONTRACT
in this locality for each craft, classification, or type of worker needed to execute the contract for this
Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be
obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of
prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates
as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to,
Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages.
SECTION 26 NON-APPROPRIATION.
26.1 Appropriations.
This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto
Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the
event that the City does not appropriate funds for the following fiscal year for this event, or (b) 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 Construction Contract are no longer available. This section shall take precedence in the event of a
conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 27 AUTHORITY.
27.1 Representation of Parties.
The individuals executing this Agreement represent and warrant that they have the legal capacity and
authority to do so on behalf of their respective legal entities.
SECTION 28 COUNTERPARTS
28.1 Multiple Counterparts.
This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties,
constitute a single binding agreement.
SECTION 29 SEVERABILITY.
29.1 Severability.
In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not be affected.
SECTION 30 STATUTORY AND REGULATORY REFERENCES.
30.1 Amendments to Laws.
With respect to any amendments to any statutes or regulations referenced in these Contract Documents,
the reference is deemed to be the version in effect on the date that the Contract was awarded by City,
unless otherwise required by law.
SECTION 31 WORKERS’ COMPENSATION CERTIFICATION.
31.1 Workers Compensation.
Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows:
Invitation for Bid (IFB) Package 20 Rev. March 17, 2017
CONSTRUCTION CONTRACT
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the
Work on this Contract.”
SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS.
32.1 General Notice to Contractor.
City requires Contractor and its listed subcontractors to comply with the requirements of SB 854.
32.2 Labor Code section 1771.1(a)
City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which
reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract
for public work, as defined in this chapter, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5
of the Public Contract Code, provided the contactor is registered to perform public work pursuant to
Section 1725.5 at the time the contract is awarded.”
32.3 DIR Registration Required.
City will not accept a bid proposal from or enter into this Construction Contract with Contractor without
proof that Contractor and its listed subcontractors are registered with the California Department of
Industrial Relations (“DIR”) to perform public work, subject to limited exceptions.
32.4 Posting of Job Site Notices.
City gives notice to Contractor and its listed subcontractors that Contractor is required to post all job site
notices prescribed by law or regulation and Contractor is subject to SB 854-compliance monitoring and
enforcement by DIR.
32.5 Payroll Records.
City requires Contractor and its listed subcontractors to comply with the requirements of Labor Code
section 1776, including:
(i) Keep accurate payroll records, showing the name, address, social security
number, work classification, straight time and overtime hours worked each day
and week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by, respectively, Contractor and its listed
subcontractors, in connection with the Project.
(ii) The payroll records shall be verified as true and correct and shall be certified
and made available for inspection at all reasonable hours at the principal office
of Contractor and its listed subcontractors, respectively.
Invitation for Bid (IFB) Package 21 Rev. March 17, 2017
CONSTRUCTION CONTRACT
(iii) At the request of City, acting by its project manager, Contractor and its listed
subcontractors shall make the certified payroll records available for inspection
or furnished upon request to the project manager within ten (10) days of receipt
of City’s request.
City requests Contractor and its listed subcontractors to submit the certified
payroll records to the project manager at the end of each week during the
Project.
(iv) If the certified payroll records are not produced to the project manager within
the 10-day period, then Contractor and its listed subcontractors shall be subject
to a penalty of one hundred dollars ($100.00) per calendar day, or portion
thereof, for each worker, and City shall withhold the sum total of penalties from
the progress payment(s) then due and payable to Contractor. This provision
supplements the provisions of Section 15 hereof.
(v) Inform the project manager of the location of contractor’s and its listed
subcontractors’ payroll records (street address, city and county) at the
commencement of the Project, and also provide notice to the project manager
within five (5) business days of any change of location of those payroll records.
IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the
date and year first above written.
CITY OF PALO ALTO
____________________________
Purchasing Manager
City Manager
APPROVED AS TO FORM:
____________________________
City Attorney or designee
APPROVED:
____________________________
Public Works Director
CONTRACTOR
Officer 1
By:___________________________
Name:________________________
Title:__________________________
Date: _________________________
Officer 2
By:____________________________
Name:_________________________
Title:___________________________
Date:____________________________
1 Revision July 20, 2016
AMENDMENT NO. TWO TO CONTRACT NO. C15155208B
BETWEEN THE CITY OF PALO ALTO AND
MEAD & HUNT, INC.
This Amendment No. Two to Contract No. C15155208B (“Contract”) is entered
into August 28, 2017, by and between the CITY OF PALO ALTO, a California chartered municipal
corporation (“CITY”), and MEAD & HUNT, INC., a Wisconsin corporation, located at 133 Aviation
Boulevard, Suite 100, Santa Rosa, California 95403 (“CONSULTANT”).
R E C I T A L S
A. The Contract was entered into between the parties for the provision of
On-call engineering services including planning, design engineering,
environmental analyses, grant management and construction management.
B. The parties wish to amend the Contract to increase the funding to cover
an additional task order.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment, the parties agree:
SECTION 1. 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
Exhibit “A”, including both payment for professional services and reimbursable expenses, shall
not exceed Eight Hundred Forty Seven Thousand One Hundred Sixty Two Dollars ($847,162) for
the entire five-year term. The applicable rates and schedule of payment are set out in Exhibit
“C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this
Agreement.
SECTION 2. The following exhibit(s) to the Contract is/are hereby amended to
read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this
reference:
a.Exhibit “C” entitled “COMPENSATION”.
SECTION 3. Except as herein modified, all other provisions of the Contract,
including any exhibits and subsequent amendments thereto, shall remain in full force and
effect.
DocuSign Envelope ID: 9FE3CC26-7A36-493C-BB10-A776299DFCC3 Attachment D
2 Revision July 20, 2016
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement on the date first above written.
CITY OF PALO ALTO
____________________________
City Manager or Designee
APPROVED AS TO FORM:
____________________________
City Attorney or Designee
Attachment:
EXHIBIT "C": COMPENSATION
MEAD & HUNT, INC.
By:
Name:
Title:
DocuSign Envelope ID: 9FE3CC26-7A36-493C-BB10-A776299DFCC3
Jon J. Faucher
Vice President
3 Revision July 20, 2016
EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement based on the hourly rate schedule
attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all services, additional
services, and reimbursable expenses shall not exceed the amount(s) stated in Section 4 of this
Agreement. CONSULTANT agrees to complete all Services and Additional Services, including
reimbursable expenses, within this/these amount(s). Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which
CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information.
Any expense anticipated to be more than $250 shall be approved in advance by the CITY’s
project manager.
DocuSign Envelope ID: 9FE3CC26-7A36-493C-BB10-A776299DFCC3
1 Revision July 20, 2016
AMENDMENT NO. FOUR TO CONTRACT NO. C15155208A
BETWEEN THE CITY OF PALO ALTO AND C & S ENGINEERS, INC.
This Amendment No. Four to Contract No. C15155208A (“Contract”) is entered
into August 28, 2017 by and between the CITY OF PALO ALTO, a California chartered municipal
corporation (“CITY”), and C & S ENGINEEERS, INC., a New York corporation, located at 499 Col.
Eileen Collins Boulevard, Syracuse, New York 13212 (“CONSULTANT”).
R E C I T A L S
A. The Contract was entered into between the parties for the provision of
On-call engineering services including planning, design engineering,
environmental analyses, grant management and construction management.
B. The parties wish to amend the Contract to increase the funding to cover
additional task orders.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment, the parties agree:
SECTION 1. 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
as amended above, including payment for professional services, shall not exceed
One Million Seven Hundred Twenty Seven Thousand Seven Hundred Eighty Five
Dollars ($1,727,785).”
SECTION 2. The following exhibit(s) to the Contract is/are hereby amended to
read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this
reference:
a.Exhibit “C” entitled “COMPENSATION”.
SECTION 3. Except as herein modified, all other provisions of the Contract,
including any exhibits and subsequent amendments thereto, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement on the date first above written.
DocuSign Envelope ID: FBE813F9-3811-407C-8213-E1088FC54FAF Attachment E
2 Revision July 20, 2016
CITY OF PALO ALTO
_________________________
City Manager or Designee
APPROVED AS TO FORM:
_________________________
City Attorney or Designee
_________________________
Director of Public Works
Attachment:
EXHIBIT "C": COMPENSATION
C & S ENGINEERS, INC.
By:
Name:
Title:
By:
Name:
Title:
DocuSign Envelope ID: FBE813F9-3811-407C-8213-E1088FC54FAF
Department Manager
Jessica Bryan
Senior Vice President
Michael D. Hotaling
3 Revision July 20, 2016
EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement based on the hourly rate schedule
attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all services, additional
services, and reimbursable expenses shall not exceed the amount(s) stated in Section 4 of this
Agreement. CONSULTANT agrees to complete all Services and Additional Services, including
reimbursable expenses, within this/these amount(s). Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which
CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information.
Any expense anticipated to be more than $250 shall be approved in advance by the CITY’s
project manager.
DocuSign Envelope ID: FBE813F9-3811-407C-8213-E1088FC54FAF
FAA
Airports
Airport Sponsor Assurances 3/2014 Page 1 of 20
ASSURANCES
Airport Sponsors
A. General.
These assurances shall be complied with in the performance of grant agreements for 1.
airport development, airport planning, and noise compatibility program grants for
airport sponsors.
These assurances are required to be submitted as part of the project application by2.
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, asamended. As used herein, the term "public agency sponsor" means a public agency
with control of a public-use airport; the term "private sponsor" means a private owner
of a public-use airport; and the term "sponsor" includes both public agency sponsors
and private sponsors.
Upon acceptance of this grant offer by the sponsor, these assurances are incorporated3.in and become part of this grant agreement.
B. Duration and Applicability.
Airport development or Noise Compatibility Program Projects Undertaken by a1.
Public Agency Sponsor.
The terms, conditions and assurances of this grant agreement shall remain in fullforce and effect throughout the useful life of the facilities developed or equipment
acquired for an airport development or noise compatibility program project, or
throughout the useful life of the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed twenty (20) years from
the date of acceptance of a grant offer of Federal funds for the project. However,there shall be no limit on the duration of the assurances regarding Exclusive Rights
and Airport Revenue so long as the airport is used as an airport. There shall be no
limit on the duration of the terms, conditions, and assurances with respect to real
property acquired with federal funds. Furthermore, the duration of the Civil Rights
assurance shall be specified in the assurances.
Airport Development or Noise Compatibility Projects Undertaken by a Private2.
Sponsor.
The preceding paragraph 1 also applies to a private sponsor except that the useful life
of project items installed within a facility or the useful life of the facilities developed
or equipment acquired under an airport development or noise compatibility programproject shall be no less than ten (10) years from the date of acceptance of Federal aidfor the project.
Attachment F
Airport Sponsor Assurances 3/2014 Page 2 of 20
Airport Planning Undertaken by a Sponsor. 3.
Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13,
18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms,
conditions, and assurances of this grant agreement shall remain in full force and effect
during the life of the project; there shall be no limit on the duration of the assurances regarding Airport Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
General Federal Requirements. 1.
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.1
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act – 5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.1 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through
469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252)
(prohibits discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et
seq.), prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1
s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1
u. Copeland Anti-kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Airport Sponsor Assurances 3/2014 Page 3 of 20
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252).
Executive Orders
a. Executive Order 11246 - Equal Employment Opportunity1
b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11998 – Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction1
f. Executive Order 12898 - Environmental Justice
Federal Regulations
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment
and Suspension (Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles
Applicable to Grants and Contracts with State and Local Governments, and OMB
Circular A-133 - Audits of States, Local Governments, and Non-Profit Organizations].4, 5, 6 c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment
d. 14 CFR Part 13 - Investigative and Enforcement Procedures14 CFR Part 16 -
Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150 - Airport noise compatibility planning. f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government Services.
g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964.
h. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1
j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering
federally financed and assisted construction (also labor standards provisions
applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).1 k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally assisted
contracting requirements).1
l. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3 m. 49 CFR Part 20 - New restrictions on lobbying.
n. 49 CFR Part 21 – Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights Act of
1964.
o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions.
Airport Sponsor Assurances 3/2014 Page 4 of 20
p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.1 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in
Department of Transportation Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.1 s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation.
t. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and
services of countries that deny procurement market access to U.S. contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)
v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities
(ADA).
w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.
Specific Assurances
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement.
Footnotes to Assurance C.1.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local
Governments receiving Federal assistance. Any requirement levied upon State
and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code.
4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget
(OMB) issued the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or
Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220;
Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it
replaces Circular A-133 guidance on the Single Annual Audit. In accordance
with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this
Part becomes final. Federal agencies, including the Department of
Transportation, must implement the policies and procedures applicable to
Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB.
Airport Sponsor Assurances 3/2014 Page 5 of 20
5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines
for audits.
Responsibility and Authority of the Sponsor. 2.
a. Public Agency Sponsor:
It has legal authority to apply for this grant, and to finance and carry out the proposed
project; that a resolution, motion or similar action has been duly adopted or passed as
an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such additional
information as may be required.
b. Private Sponsor:
It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement.
It shall designate an official representative and shall in writing direct and authorize
that person to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to provide such additional information as may be required.
Sponsor Fund Availability. 3.
It has sufficient funds available for that portion of the project costs which are not to
be paid by the United States. It has sufficient funds available to assure operation and
maintenance of items funded under this grant agreement which it will own or control.
Good Title. 4.
a. It, a public agency or the Federal government, holds good title, satisfactory to the
Secretary, to the landing area of the airport or site thereof, or will give assurance
satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the
Secretary that good title will be obtained.
Preserving Rights and Powers. 5.
a. It will not take or permit any action which would operate to deprive it of any of
the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary,
and will act promptly to acquire, extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary.
Airport Sponsor Assurances 3/2014 Page 6 of 20
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or,
for a noise compatibility program project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms, conditions, and
assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power,
authority, and financial resources to carry out all such obligations, the sponsor
shall insert in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of local
government other than the sponsor, it will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the
noise compatibility program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement against
the local government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned
property, it will enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to
ensure that the airport will continue to function as a public-use airport in
accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will
be operated and maintained in accordance Title 49, United States Code, the
regulations and the terms, conditions and assurances in this grant agreement and
shall insure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used
as a residence, or zoned for residential use, to taxi an aircraft between that
property and any location on airport. Sponsors of general aviation airports
entering into any arrangement that results in permission for the owner of
residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
Airport Sponsor Assurances 3/2014 Page 7 of 20
Consistency with Local Plans. 6.
The project is reasonably consistent with plans (existing at the time of submission of
this application) of public agencies that are authorized by the State in which the
project is located to plan for the development of the area surrounding the airport.
Consideration of Local Interest. 7.
It has given fair consideration to the interest of communities in or near where the project may be located.
Consultation with Users. 8.
In making a decision to undertake any airport development project under Title 49,
United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
Public Hearings. 9.
In projects involving the location of an airport, an airport runway, or a major runway
extension, it has afforded the opportunity for public hearings for the purpose of
considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a
copy of the transcript of such hearings to the Secretary. Further, for such projects, it
has on its management board either voting representation from the communities
where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.
Metropolitan Planning Organization. 10.
In projects involving the location of an airport, an airport runway, or a major runway
extension at a medium or large hub airport, the sponsor has made available to and has
provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is
described or depicted.
Pavement Preventive Maintenance. 11.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it
assures that it will use such program for the useful life of any pavement constructed,
reconstructed or repaired with Federal financial assistance at the airport. It will
provide such reports on pavement condition and pavement management programs as
the Secretary determines may be useful.
Terminal Development Prerequisites. 12.
For projects which include terminal development at a public use airport, as defined in
Title 49, it has, on the date of submittal of the project grant application, all the safety
equipment required for certification of such airport under section 44706 of Title 49,
United States Code, and all the security equipment required by rule or regulation, and
Airport Sponsor Assurances 3/2014 Page 8 of 20
has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
Accounting System, Audit, and Record Keeping Requirements. 13.
a. It shall keep all project accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such
other financial records pertinent to the project. The accounts and records shall be
kept in accordance with an accounting system that will facilitate an effective audit
in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and
examination, any books, documents, papers, and records of the recipient that are
pertinent to this grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it
shall file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which
the audit was made.
Minimum Wage Rates. 14.
It shall include, in all contracts in excess of $2,000 for work on any projects funded
under this grant agreement which involve labor, provisions establishing minimum
rates of wages, to be predetermined by the Secretary of Labor, in accordance with the
Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
Veteran's Preference. 15.
It shall include in all contracts for work on any project funded under this grant
agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned
and controlled by disabled veterans as defined in Section 47112 of Title 49, United
States Code. However, this preference shall apply only where the individuals are
available and qualified to perform the work to which the employment relates.
Conformity to Plans and Specifications. 16.
It will execute the project subject to plans, specifications, and schedules approved by
the Secretary. Such plans, specifications, and schedules shall be submitted to the
Secretary prior to commencement of site preparation, construction, or other
performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans,
Airport Sponsor Assurances 3/2014 Page 9 of 20
specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement.
Construction Inspection and Approval. 17.
It will provide and maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
Planning Projects. 18.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the
United States.
d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in
the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as
well as the right to disapprove the proposed scope and cost of professional
services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does
not constitute or imply any assurance or commitment on the part of the Secretary
to approve any pending or future application for a Federal airport grant.
Operation and Maintenance. 19.
a. The airport and all facilities which are necessary to serve the aeronautical users of
the airport, other than facilities owned or controlled by the United States, shall be
operated at all times in a safe and serviceable condition and in accordance with
the minimum standards as may be required or prescribed by applicable Federal,
Airport Sponsor Assurances 3/2014 Page 10 of 20
state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport
purposes. It will suitably operate and maintain the airport and all facilities thereon
or connected therewith, with due regard to climatic and flood conditions. Any
proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for-
Operating the airport's aeronautical facilities whenever required; 1)
Promptly marking and lighting hazards resulting from airport conditions, 2)
including temporary conditions; and
Promptly notifying airmen of any condition affecting aeronautical use of the 3)airport. Nothing contained herein shall be construed to require that the airport
be operated for aeronautical use during temporary periods when snow, flood
or other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or
circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it
owns or controls upon which Federal funds have been expended.
Hazard Removal and Mitigation. 20.
It will take appropriate action to assure that such terminal airspace as is required to
protect instrument and visual operations to the airport (including established
minimum flight altitudes) will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.
Compatible Land Use. 21.
It will take appropriate action, to the extent reasonable, including the adoption of
zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the
airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been expended.
Economic Nondiscrimination. 22.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical
activities, including commercial aeronautical activities offering services to the
public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporation to conduct or
Airport Sponsor Assurances 3/2014 Page 11 of 20
to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to-
furnish said services on a reasonable, and not unjustly discriminatory, basis to 1)
all users thereof, and
charge reasonable, and not unjustly discriminatory, prices for each unit or 2)service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions
to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use
any fixed-based operator that is authorized or permitted by the airport to serve any
air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and
substantially comparable rules, regulations, conditions, rates, fees, rentals, and
other charges with respect to facilities directly and substantially related to
providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-
signatory carriers. Classification or status as tenant or signatory shall not be
unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any
person, firm, or corporation operating aircraft on the airport from performing any
services on its own aircraft with its own employees [including, but not limited to
maintenance, repair, and fueling] that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as
would apply to the furnishing of such services by commercial aeronautical service
providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory,
conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical
use of the airport if such action is necessary for the safe operation of the airport or
necessary to serve the civil aviation needs of the public.
Airport Sponsor Assurances 3/2014 Page 12 of 20
Exclusive Rights. 23.
It will permit no exclusive right for the use of the airport by any person providing, or
intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed-based operator
shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement between
such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but
not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial
photography, crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their
direct relationship to the operation of aircraft can be regarded as an aeronautical
activity, and that it will terminate any exclusive right to conduct an aeronautical
activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.
Fee and Rental Structure. 24.
It will maintain a fee and rental structure for the facilities and services at the airport
which will make the airport as self-sustaining as possible under the circumstances
existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is
made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970
shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.
Airport Revenues. 25.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers
or property; or for noise mitigation purposes on or off the airport. The following
exceptions apply to this paragraph:
If covenants or assurances in debt obligations issued before September 3, 1)
1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's
financing, provide for the use of the revenues from any of the airport owner or
Airport Sponsor Assurances 3/2014 Page 13 of 20
operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities,
then this limitation on the use of all revenues generated by the airport (and, in
the case of a public airport, local taxes on aviation fuel) shall not apply.
If the Secretary approves the sale of a privately owned airport to a public 2)sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the
sale shall not apply to certain proceeds from the sale. This is conditioned on
repayment to the Secretary by the private owner of an amount equal to the
remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the
federal share of the current fair market value of any land acquired with an
airport improvement grant made to that airport on or after October 1, 1996.
Certain revenue derived from or generated by mineral extraction, production, 3)lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor
meets the requirements set forth in Sec. 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are
paid or transferred in a manner consistent with Title 49, United States Code and
any other applicable provision of law, including any regulation promulgated by
the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United
States Code.
Reports and Inspections. 26.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the
public; make available to the public at reasonable times and places a report of the
airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to
the project and continued compliance with the terms, conditions, and assurances
of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary
upon reasonable request; and
Airport Sponsor Assurances 3/2014 Page 14 of 20
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report
listing in detail:
all amounts paid by the airport to any other unit of government and the 1)
purposes for which each such payment was made; and
all services and property provided by the airport to other units of government 2)and the amount of compensation received for provision of each such service
and property.
Use by Government Aircraft. 27.
It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all
times without charge, except, if the use by Government aircraft is substantial, charge
may be made for a reasonable share, proportional to such use, for the cost of
operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of
such aircraft are in excess of those which, in the opinion of the Secretary, would
unduly interfere with use of the landing areas by other authorized aircraft, or during
any calendar month that –
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
Land for Federal Facilities. 28.
It will furnish without cost to the Federal Government for use in connection with any
air traffic control or air navigation activities, or weather-reporting and communication
activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for
such purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
Airport Layout Plan. 29.
a. It will keep up to date at all times an airport layout plan of the airport showing
boundaries of the airport and all proposed additions thereto, together with the 1)
boundaries of all offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto;
the location and nature of all existing and proposed airport facilities and 2)
structures (such as runways, taxiways, aprons, terminal buildings, hangars and
Airport Sponsor Assurances 3/2014 Page 15 of 20
roads), including all proposed extensions and reductions of existing airport facilities;
the location of all existing and proposed nonaviation areas and of all existing 3)
improvements thereon; and
all proposed and existing access points used to taxi aircraft across the airport’s 4)property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which
approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary,
adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or
operator will, if requested, by the Secretary (1) eliminate such adverse effect in a
manner approved by the Secretary; or (2) bear all costs of relocating such
property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the
airport or its facilities except in the case of a relocation or replacement of an
existing airport facility due to a change in the Secretary’s design standards beyond
the control of the airport sponsor.
Civil Rights. 30.
It will promptly take any measures necessary to ensure that no person in the United
States shall, on the grounds of race, creed, color, national origin, sex, age, or
disability be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant.
a. Using the definitions of activity, facility and program as found and defined in §§
21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs,
operate all facilities, or conduct all programs in compliance with all non-
discrimination requirements imposed by, or pursuant to these assurances.
b. Applicability
Programs and Activities. If the sponsor has received a grant (or other federal 1)
assistance) for any of the sponsor’s program or activities, these requirements
extend to all of the sponsor’s programs and activities.
Facilities. Where it receives a grant or other federal financial assistance to 2)
construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in
connection therewith.
Airport Sponsor Assurances 3/2014 Page 16 of 20
Real Property. Where the sponsor receives a grant or other Federal financial 3)assistance in the form of, or for the acquisition of real property or an interest
in real property, the assurance will extend to rights to space on, over, or under
such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the
Federal financial assistance is to provide, or is in the form of, personal property,
or real property, or interest therein, or structures or improvements thereon, in
which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:
So long as the airport is used as an airport, or for another purpose involving 1)
the provision of similar services or benefits; or
So long as the sponsor retains ownership or possession of the property. 2)
d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport
concessions, regardless of funding source:
“The (Name of Sponsor), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business
enterprises and airport concession disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
e. Required Contract Provisions.
It will insert the non-discrimination contract clauses requiring compliance 1)
with the acts and regulations relative to non-discrimination in Federally-
assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and
regulations.
It will include a list of the pertinent non-discrimination authorities in every 2)
contract that is subject to the non-discrimination acts and regulations.
It will insert non-discrimination contract clauses as a covenant running with 3)the land, in any deed from the United States effecting or recording a transfer
of real property, structures, use, or improvements thereon or interest therein to
a sponsor.
It will insert non-discrimination contract clauses prohibiting discrimination on 4)
the basis of race, color, national origin, creed, sex, age, or handicap as a
Airport Sponsor Assurances 3/2014 Page 17 of 20
covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a) For the subsequent transfer of real property acquired or improved under
the applicable activity, project, or program; and
b) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by
the Secretary to give reasonable guarantee that it, other recipients, sub-recipients,
sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations,
and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the acts, the regulations, and this assurance.
Disposal of Land. 31.
a. For land purchased under a grant for airport noise compatibility purposes,
including land serving as a noise buffer, it will dispose of the land, when the land
is no longer needed for such purposes, at fair market value, at the earliest
practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The
Secretary shall give preference to the following, in descending order, (1)
reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development
project that is eligible for grant funding under Sections 47114, 47115, or 47117 of
title 49 United States Code, (4) transferred to an eligible sponsor of another public
airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair
market value and consistent with noise buffering purposes, the lease will not be
considered a disposal of the land. Revenues derived from such a lease may be
used for an approved airport development project that would otherwise be eligible
for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than
noise compatibility), it will, when the land is no longer needed for airport
purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States' proportionate share of the fair
market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land
will, (1) upon application to the Secretary, be reinvested or transferred to another
Airport Sponsor Assurances 3/2014 Page 18 of 20
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved
noise compatibility project, (2) reinvestment in an approved project that is eligible
for grant funding under Section 47117(e) of title 49 United States Code, (3)
reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an
approved noise compatibility project at that airport, and (5) paid to the Secretary
for deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such
land contributes to the financial self-sufficiency of the airport. Further, land
purchased with a grant received by an airport operator or owner before December
31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with
operation of the airport.
Engineering and Design Services. 32.
It will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect
to the project in the same manner as a contract for architectural and engineering
services is negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
Foreign Market Restrictions. 33.
It will not allow funds provided under this grant to be used to fund any project which
uses any product or service of a foreign country during the period in which such
foreign country is listed by the United States Trade Representative as denying fair
and equitable market opportunities for products and suppliers of the United States in procurement and construction.
Policies, Standards, and Specifications. 34.
It will carry out the project in accordance with policies, standards, and specifications
approved by the Secretary including but not limited to the advisory circulars listed in
the Current FAA Advisory Circulars for AIP projects, dated ___________ (the latest approved version as of this grant offer) and included in this grant, and in accordance _
Airport Sponsor Assurances 3/2014 Page 19 of 20
with applicable state policies, standards, and specifications approved by the Secretary.
Relocation and Real Property Acquisition. 35.
a. It will be guided in acquiring real property, to the greatest extent practicable under
State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B.
b. It will provide a relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to displaced
persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
Access By Intercity Buses. 36.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
Disadvantaged Business Enterprises. 37.
The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49
CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race,
color, national origin or sex in the administration of its DBE and ACDBE programs
or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession
contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts
26 and 23, and as approved by DOT, are incorporated by reference in this
agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may
impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1936 (31 U.S.C. 3801).
Hangar Construction. 38.
If the airport owner or operator and a person who owns an aircraft agree that a hangar
is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the
airport owner or operator will grant to the aircraft owner for the hangar a long term
lease that is subject to such terms and conditions on the hangar as the airport owner or
operator may impose.
Airport Sponsor Assurances 3/2014 Page 20 of 20
Competitive Access. 39.
a. If the airport owner or operator of a medium or large hub airport (as defined in
section 47102 of title 49, U.S.C.) has been unable to accommodate one or more
requests by an air carrier for access to gates or other facilities at that airport in
order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that-
Describes the requests; 1)
Provides an explanation as to why the requests could not be accommodated; 2)
and
Provides a time frame within which, if any, the airport will be able to 3)accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the
airport has been unable to accommodate the request(s) in the six month period
prior to the applicable due date.
PALO ALTO AIRPORT
APRON RECONSTRUCTION PROJECT, PHASE I - BID SET A (RE-BID)
FAA AIP PROJECT NO. 3-06-0182-013-2017
IFB NO. 167808C
ITEM FAA UNIT UNIT UNIT UNIT UNIT
NO. SPEC NO. DESCRIPTION QUANTITY UNITS PRICE TOTAL PRICE PRICE PRICE PRICE
001 P-152 UNCLASSIFIED EXCAVATION 6,100 CY $50.00 $305,000.00 $40.00 $244,000.00 $29.00 $176,900.00 $55.00 $335,500.00 $30.00 $183,000.00
002 P-151 CLEARING AND GRUBBING 3.6 ACRE $50,000.00 $180,000.00 $65,000.00 $234,000.00 $35,000.00 $126,000.00 $68,000.00 $244,800.00 $21,000.00 $75,600.00
003 P-160 PULVERIZED ASPHALT (2.5" THICKNESS)35,410 SY $1.50 $53,115.00 $2.00 $70,820.00 $1.00 $35,410.00 $1.00 $35,410.00 $2.00 $70,820.00
004 SP-19 MILLING TO MATCH EXISTING PAVEMENT 850 SY $15.00 $12,750.00 $20.00 $17,000.00 $20.00 $17,000.00 $10.00 $8,500.00 $13.00 $11,050.00
005 SP-2 RELOCATE AND RESET SURVEY MONUMENT 1 EACH $2,500.00 $2,500.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,700.00 $2,700.00 $4,000.00 $4,000.00
006 P-156 COMPLIANCE W/POLLUTION, EROSION & SILTATION CONTROL 1 LS $50,000.00 $50,000.00 $45,000.00 $45,000.00 $175,000.00 $175,000.00 $50,000.00 $50,000.00 $52,000.00 $52,000.00
007 T-906 HYDROSEEDING 2,980 SY $1.00 $2,980.00 $1.00 $2,980.00 $2.00 $5,960.00 $2.00 $5,960.00 $1.50 $4,470.00
008 SP-21 REMOVE AND REPLACE UNSUITABLE MATERIAL 2,500 CY $50.00 $125,000.00 $40.00 $100,000.00 $30.00 $75,000.00 $40.00 $100,000.00 $100.00 $250,000.00
009 P-208 AGGREGATE BASE COURSE (6" THICK)33,800 SY $15.00 $507,000.00 $20.00 $676,000.00 $18.00 $608,400.00 $22.00 $743,600.00 $13.30 $449,540.00
010 P-208 AGGREGATE BASE COURSE (4" THICK)17,780 SY $12.00 $213,360.00 $15.00 $266,700.00 $12.00 $213,360.00 $16.00 $284,480.00 $9.25 $164,465.00
011 P-403 HOT MIX ASPHALT SURFACE COURSE 7,550 TON $120.00 $906,000.00 $122.00 $921,100.00 $150.00 $1,132,500.00 $141.00 $1,064,550.00 $98.00 $739,900.00
012 P-608 EMULSIFIED ASPHALT SEAL COAT 1,600 SY $9.00 $14,400.00 $7.00 $11,200.00 $8.00 $12,800.00 $6.00 $9,600.00 $11.00 $17,600.00
013 SP-13 JOINT SEALING 510 LF $12.00 $6,120.00 $9.00 $4,590.00 $9.00 $4,590.00 $10.00 $5,100.00 $25.00 $12,750.00
014 P-602 PRIME COAT 10 TON $1,000.00 $10,000.00 $2,000.00 $20,000.00 $1,129.00 $11,290.00 $1,000.00 $10,000.00 $1,700.00 $17,000.00
015 P-160 CEMENT TREATED SUBGRADE (18" THICK)35,410 SY $6.00 $212,460.00 $6.00 $212,460.00 $4.00 $141,640.00 $2.25 $79,672.50 $3.80 $134,558.00
016 P-160 CEMENT MATERIAL 1,900 TON $100.00 $190,000.00 $100.00 $190,000.00 $141.00 $267,900.00 $140.00 $266,000.00 $165.00 $313,500.00
017 SP-20 ROLL CURB 40 LF $100.00 $4,000.00 $100.00 $4,000.00 $134.00 $5,360.00 $60.00 $2,400.00 $105.00 $4,200.00
018 P-620 MARKING REMOVAL 410 SF $10.00 $4,100.00 $3.00 $1,230.00 $10.00 $4,100.00 $10.00 $4,100.00 $11.00 $4,510.00
019 P-620 PAINTSTRIPING (YELLOW, REFLECTORIZED) 5,660 SF $4.00 $22,640.00 $5.00 $28,300.00 $4.00 $22,640.00 $4.00 $22,640.00 $4.40 $24,904.00
020 P-620 PAINTSTRIPING (WHITE, REFLECTORIZED) 1,100 SF $4.00 $4,400.00 $5.00 $5,500.00 $4.00 $4,400.00 $4.00 $4,400.00 $4.50 $4,950.00
021 P-620 PAINTSTRIPING (BLUE, NON-REFLECTORIZED)65 SF $4.00 $260.00 $3.00 $195.00 $6.00 $390.00 $6.00 $390.00 $6.60 $429.00
022 P-620 PAINTSTRIPING (GREEN, NON-REFLECTORIZED)17,400 SF $4.00 $69,600.00 $3.00 $52,200.00 $4.00 $69,600.00 $4.00 $69,600.00 $4.40 $76,560.00
023 P-620 SURFACE PAINTED TAXILANE MARKINGS 10 EACH $600.00 $6,000.00 $300.00 $3,000.00 $759.00 $7,590.00 $750.00 $7,500.00 $800.00 $8,000.00
024 P-620 TIE-DOWN NUMBERING 90 EACH $50.00 $4,500.00 $50.00 $4,500.00 $46.00 $4,140.00 $50.00 $4,500.00 $50.00 $4,500.00
025 SP-12 BLUE REFLECTORS 2 EACH $20.00 $40.00 $15.00 $30.00 $25.00 $50.00 $15.00 $30.00 $30.00 $60.00
026 L-126 INSTALL TIE-DOWN ANCHORS 165 EACH $1,000.00 $165,000.00 $400.00 $66,000.00 $1,012.00 $166,980.00 $400.00 $66,000.00 $1,100.00 $181,500.00
027 SP-25 K-RAIL BARRIER 48 EACH $500.00 $24,000.00 $900.00 $43,200.00 $643.00 $30,864.00 $700.00 $33,600.00 $700.00 $33,600.00
028 SP-16 TIE-DOWN CABLE 3,940 LF $25.00 $98,500.00 $10.00 $39,400.00 $18.00 $70,920.00 $1.00 $3,940.00 $20.00 $78,800.00
029 SP-17 REMOVE EXISTING TIE-DOWN ANCHORS 338 EACH $250.00 $84,500.00 $250.00 $84,500.00 $356.00 $120,328.00 $50.00 $16,900.00 $200.00 $67,600.00
030 SP-18 REMOVAL OF WASH RACK, SHED AND ASSOCIATED UTILITIES 1 EACH $20,000.00 $20,000.00 $25,000.00 $25,000.00 $29,356.00 $29,356.00 $20,000.00 $20,000.00 $35,000.00 $35,000.00
031 LS-1 EXISTING POLLUTION CONTROL FACILITY DEMOLITION - ELECTRICAL 1 LS $150,000.00 $150,000.00 $1,000.00 $1,000.00 $78,423.00 $78,423.00 $78,000.00 $78,000.00 $35,000.00 $35,000.00
032 SP-11 BOLLARDS 2 EACH $1,000.00 $2,000.00 $1,000.00 $2,000.00 $1,063.00 $2,126.00 $1,000.00 $2,000.00 $1,200.00 $2,400.00
033 D-751 ADJUST CATCH BASIN TO GRADE 17 EACH $3,000.00 $51,000.00 $1,600.00 $27,200.00 $5,778.00 $98,226.00 $3,500.00 $59,500.00 $2,500.00 $42,500.00
034 D-751 ADJUST MANHOLE TO GRADE 5 EACH $1,500.00 $7,500.00 $1,300.00 $6,500.00 $4,570.00 $22,850.00 $1,500.00 $7,500.00 $700.00 $3,500.00
035 SP-15 ADJUST JUNCTION BOX/HANDHOLE TO GRADE 2 EACH $2,000.00 $4,000.00 $3,300.00 $6,600.00 $1,926.00 $3,852.00 $800.00 $1,600.00 $500.00 $1,000.00
036 SP-14 ADJUST UTILITY VAULT TO GRADE 18 EACH $2,000.00 $36,000.00 $5,000.00 $90,000.00 $1,626.00 $29,268.00 $3,500.00 $63,000.00 $3,500.00 $63,000.00
037 D-751 48" MANHOLE 2 EACH $6,500.00 $13,000.00 $6,000.00 $12,000.00 $6,060.00 $12,120.00 $7,000.00 $14,000.00 $9,500.00 $19,000.00
038 D-751 CATCH BASIN 2 EACH $5,000.00 $10,000.00 $5,000.00 $10,000.00 $7,578.00 $15,156.00 $4,000.00 $8,000.00 $4,800.00 $9,600.00
039 SP-3 CATCH BASIN FILTER INSERTS 19 EACH $2,000.00 $38,000.00 $4,000.00 $76,000.00 $933.00 $17,727.00 $3,000.00 $57,000.00 $3,500.00 $66,500.00
040 SP-4 CATCH BASIN FILTRATION SYSTEM (WITH 8" VALVE AND DRAIN VALVE)1 EACH $12,000.00 $12,000.00 $30,000.00 $30,000.00 $11,134.00 $11,134.00 $5,000.00 $5,000.00 $28,500.00 $28,500.00
041 SP-9 CONCRETE RIBBON CURB 210 LF $50.00 $10,500.00 $30.00 $6,300.00 $54.00 $11,340.00 $50.00 $10,500.00 $150.00 $31,500.00
042 D-701 15-INCH DIA. RCP, CLASS III 270 LF $200.00 $54,000.00 $130.00 $35,100.00 $98.00 $26,460.00 $150.00 $40,500.00 $260.00 $70,200.00
043 D-701 21-INCH DIA. RCP, CLASS III 250 LF $250.00 $62,500.00 $130.00 $32,500.00 $121.00 $30,250.00 $150.00 $37,500.00 $280.00 $70,000.00
044 SP-27 6" DIP WATERLINE 120 LF $200.00 $24,000.00 $230.00 $27,600.00 $196.00 $23,520.00 $200.00 $24,000.00 $264.00 $31,680.00
045 SP-28 6" GATE VALVE 1 EACH $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,361.00 $2,361.00 $2,500.00 $2,500.00 $2,100.00 $2,100.00
046 L-100 REMOVAL OF EXISTING LIGHT POLE ASSEMBLY 11 EACH $4,000.00 $44,000.00 $4,000.00 $44,000.00 $5,530.00 $60,830.00 $5,500.00 $60,500.00 $6,000.00 $66,000.00
047 L-100 NEW 30-FOOT APRON AREA LIGHT POLE WITH MOUNTING APPARATUS AND LIGHT LOWERING SYSTEM 5 EACH $20,000.00 $100,000.00 $16,000.00 $80,000.00 $26,895.00 $134,475.00 $26,750.00 $133,750.00 $25,000.00 $125,000.00
048 L-100 NEW LED APRON AREA LIGHTING FIXTURE 10 EACH $5,000.00 $50,000.00 $5,000.00 $50,000.00 $6,636.00 $66,360.00 $6,600.00 $66,000.00 $7,900.00 $79,000.00
049 L-100 NEW OBSTRUCTION LIGHTING FIXTURE (DOUBLE-HEAD)5 EACH $2,000.00 $10,000.00 $2,000.00 $10,000.00 $2,111.00 $10,555.00 $2,100.00 $10,500.00 $2,800.00 $14,000.00
050 L-100 TRANSFORMER AND ENCLOSURE FOR OBSTRUCTION LIGHTING FIXTURE 5 EACH $1,500.00 $7,500.00 $1,500.00 $7,500.00 $1,659.00 $8,295.00 $1,650.00 $8,250.00 $2,050.00 $10,250.00
051 L-100 1" RGS CONDUIT 125 LF $100.00 $12,500.00 $100.00 $12,500.00 $120.00 $15,000.00 $119.00 $14,875.00 $168.00 $21,000.00
052 L-100 2" CONCRETE-ENCASED SCH. 40 PVC CONDUIT IN PAVEMENT 630 LF $25.00 $15,750.00 $25.00 $15,750.00 $30.00 $18,900.00 $30.00 $18,900.00 $43.00 $27,090.00
Ghilotti Construction Company, Inc
246 Ghilotti Avenue
Santa Rosa, CA 95407
O'Grady Paving, Inc.
2513 Wyandotte Street
Mountain View, CA 94043
BASE BID
TOTAL TOTALTOTAL
ENGINEERS OPINION OF
CONSTRUCTION COST
Santa Clara, CA 95054
715 Comstock Street
Granite Construction CoC&S Engineers, Inc.
8950 Cal Center Drive, #112
Sacramento, CA 95826
DeSilva Gates Construction LP
11555 Dublin Blvd.
Dublin, CA 94568
TOTAL
Page 1
Attachment G
PALO ALTO AIRPORT
APRON RECONSTRUCTION PROJECT, PHASE I - BID SET A (RE-BID)
FAA AIP PROJECT NO. 3-06-0182-013-2017
IFB NO. 167808C
ITEM FAA UNIT UNIT UNIT UNIT UNIT
NO. SPEC NO. DESCRIPTION QUANTITY UNITS PRICE TOTAL PRICE PRICE PRICE PRICE
Ghilotti Construction Company, Inc
246 Ghilotti Avenue
Santa Rosa, CA 95407
O'Grady Paving, Inc.
2513 Wyandotte Street
Mountain View, CA 94043
TOTAL TOTALTOTAL
ENGINEERS OPINION OF
CONSTRUCTION COST
Santa Clara, CA 95054
715 Comstock Street
Granite Construction CoC&S Engineers, Inc.
8950 Cal Center Drive, #112
Sacramento, CA 95826
DeSilva Gates Construction LP
11555 Dublin Blvd.
Dublin, CA 94568
TOTAL
053 L-100 #6 AWG TYPE THWN 600V CABLE 6,450 LF $2.50 $16,125.00 $2.50 $16,125.00 $3.00 $19,350.00 $3.00 $19,350.00 $4.00 $25,800.00
054 L-108 NO. 6 AWG BARE COPPER COUNTERPOISE WIRE 2,100 LF $2.50 $5,250.00 $3.00 $6,300.00 $3.00 $6,300.00 $3.00 $6,300.00 $4.40 $9,240.00
055 L-125 TAXIWAY EDGE LIGHTING BASE CAN 15 EACH $2,000.00 $30,000.00 $2,500.00 $37,500.00 $2,725.00 $40,875.00 $2,710.00 $40,650.00 $3,650.00 $54,750.00
056 L-115 ELECTRICAL PULL BOX, H20 TRAFFIC RATED 8 EACH $3,000.00 $24,000.00 $4,000.00 $32,000.00 $4,856.00 $38,848.00 $4,830.00 $38,640.00 $6,800.00 $54,400.00
057 L-110 1" CONCRETE ENCASED PVC CONDUIT 1,170 LF $5.00 $5,850.00 $5.00 $5,850.00 $5.00 $5,850.00 $5.00 $5,850.00 $7.00 $8,190.00
058 L-100 #8 AWG TYPE THWN 600V CABLE 480 LF $2.00 $960.00 $2.00 $960.00 $2.00 $960.00 $2.00 $960.00 $2.90 $1,392.00
059 L-110 2-WAY 2" CONCRETE ENCASED SCH. 40 PVC CONDUIT IN PAVEMENT 1,910 LF $60.00 $114,600.00 $45.00 $85,950.00 $56.00 $106,960.00 $56.00 $106,960.00 $66.00 $126,060.00
060 L-115 ELECTRICAL PULL BOX, AIRCRAFT-RATED, 36" X 36" X 30"2 EACH $10,000.00 $20,000.00 $10,000.00 $20,000.00 $11,562.00 $23,124.00 $11,500.00 $23,000.00 $16,000.00 $32,000.00
061 P-612 ENGINEERS FIELD OFFICE 1 LS $75,000.00 $75,000.00 $10,000.00 $10,000.00 $8,571.00 $8,571.00 $10,000.00 $10,000.00 $46,000.00 $46,000.00
062 M-100 MAINTENANCE AND PROTECTION OF TRAFFIC 1 LS $300,000.00 $300,000.00 $30,500.00 $30,500.00 $150,000.00 $150,000.00 $488,000.00 $488,000.00 $390,000.00 $390,000.00
063 M-150 PROJECT SURVEY & STAKEOUT 1 LS $25,000.00 $25,000.00 $40,000.00 $40,000.00 $29,600.00 $29,600.00 $29,600.00 $29,600.00 $35,000.00 $35,000.00
064 020650 MISCELLANEOUS FUEL PIPE & APPURTENANCES REMOVAL & CLOSURE 1 LS $30,000.00 $30,000.00 $60,000.00 $60,000.00 $45,000.00 $45,000.00 $59,590.00 $59,590.00 $20,000.00 $20,000.00
065 136200 LEVEL AND LEAK MONITORING SYSTEM 1 EACH $30,000.00 $30,000.00 $50,000.00 $50,000.00 $57,000.00 $57,000.00 $51,310.00 $51,310.00 $20,000.00 $20,000.00
066 335647-1 2-INCH FUEL LINE 600 LF $150.00 $90,000.00 $275.00 $165,000.00 $165.00 $99,000.00 $250.00 $150,000.00 $100.00 $60,000.00
067 335648-1 AVIATION FUEL DISPENSING EQUIPMENT 2 EACH $45,000.00 $90,000.00 $50,000.00 $100,000.00 $60,000.00 $120,000.00 $48,680.00 $97,360.00 $30,000.00 $60,000.00
068 L-100 REMOVAL OF EXISTING BRANCH CIRCUIT CONDUIT AND WIRING 1 LS $1,000.00 $1,000.00 $5,000.00 $5,000.00 $11,200.00 $11,200.00 * $10,000.00 $10,000.00 $5,200.00 $5,200.00
069 L-100 PANELBOARD FOR USE WITH FUEL SERVCIE EQUIPMENT 2 EACH $1,500.00 $3,000.00 $5,000.00 $10,000.00 $11,200.00 $22,400.00 $10,888.00 $21,776.00 $7,700.00 $15,400.00
070 L-100 DISCONNECTION OF EXISTING FEEDER'S AND BRANCH CIRCUITS FROM EXISTING PANELBOARDS 2 EACH $500.00 $1,000.00 $3,000.00 $6,000.00 $12,000.00 $24,000.00 $11,500.00 $23,000.00 $3,750.00 $7,500.00
071 L-100 RECONNECTION OF EXISTING FEEDER'S AND BRANCH CIRCUITS TO PROPOSED PANELBOARDS 2 EACH $500.00 $1,000.00 $13,000.00 $26,000.00 $27,000.00 $54,000.00 $26,250.00 $52,500.00 $20,000.00 $40,000.00
072 L-108 NO. 12 AWG, 600V, TYPE THWN CABLE 300 LF $1.00 $300.00 $1.00 $300.00 $1.00 $300.00 $1.20 $360.00 $2.00 $600.00
073 SP-30 CONTAMINATE SOIL DISPOSAL 10 CY $500.00 $5,000.00 $225.00 $2,250.00 $558.00 $5,580.00 $500.00 $5,000.00 $2,000.00 $20,000.00
074 GP-105 MOBILIZATION (Shall not exceed 6% of the total amount of line items #001-072)1 LS $292,954.00 $292,954.00 $280,151.40 $280,151.40 * $306,636.84 $306,636.84 * $275,000.00 $275,000.00 $275,000.00 $275,000.00
$5,175,514.00 $4,949,341.40 *$5,417,250.84 *$5,740,453.50 $5,150,218.00
075 P-152 EMBANKMENT 1,700 CY $42.00 $71,400.00 $40.00 $68,000.00 $40.00 $68,000.00 $70.00 $119,000.00 $25.00 $42,500.00
076 P-160 PULVERIZED ASPHALT (2.5" THICKNESS)23,400 SY $1.50 $35,100.00 $2.00 $46,800.00 $1.00 $23,400.00 $1.00 $23,400.00 $3.00 $70,200.00
077 SP-19 MILLING 650 SY $15.00 $9,750.00 $20.00 $13,000.00 $17.00 $11,050.00 $7.00 $4,550.00 $15.00 $9,750.00
078 P-156 COMPLIANCE W/POLLUTION, EROSION & SILTATION CONTROL 1 LS $50,000.00 $50,000.00 $40,000.00 $40,000.00 $31,786.00 $31,786.00 $10,000.00 $10,000.00 $23,000.00 $23,000.00
079 P-208 AGGREGATE BASE COURSE (6" THICK)22,300 SY $15.00 $334,500.00 $20.00 $446,000.00 $11.00 $245,300.00 $15.00 $334,500.00 $13.30 $296,590.00
080 P-403 HMA SURFACE COURSE 4,400 TON $120.00 $528,000.00 $122.00 $536,800.00 $103.00 $453,200.00 $120.00 $528,000.00 $98.00 $431,200.00
081 P-608 EMULSIFIED ASPHALT SEAL COAT 2,140 SY $9.00 $19,260.00 $7.00 $14,980.00 $8.00 $17,120.00 $6.00 $12,840.00 $11.00 $23,540.00
082 SP-13 JOINT SEALING 560 LF $12.00 $6,720.00 $9.00 $5,040.00 $9.00 $5,040.00 $10.00 $5,600.00 $25.00 $14,000.00
083 P-602 PRIME COAT 7 TON $1,000.00 $7,000.00 $2,000.00 $14,000.00 $1,377.00 $9,639.00 $1,000.00 $7,000.00 $1,700.00 $11,900.00
084 P-160 CEMENT TREATED SUBGRADE (18" THICK)23,400 SY $6.00 $140,400.00 $6.00 $140,400.00 $3.00 $70,200.00 $2.25 $52,650.00 $3.80 $88,920.00
085 P-160 CEMENT MATERIAL (6% RATE)1,300 TON $100.00 $130,000.00 $100.00 $130,000.00 $141.00 $183,300.00 $140.00 $182,000.00 $165.00 $214,500.00
086 P-620 MARKING REMOVAL 165 SF $4.00 $660.00 $3.00 $495.00 $10.00 $1,650.00 $10.00 $1,650.00 $11.00 $1,815.00
087 P-620 PAINTSTRIPING (YELLOW, REFLECTORIZED) 3,440 SF $4.00 $13,760.00 $5.00 $17,200.00 $4.00 $13,760.00 $4.00 $13,760.00 $4.40 $15,136.00
088 P-620 PAINTSTRIPING (WHITE, NON-REFLECTORIZED) 1,740 SF $4.00 $6,960.00 $3.00 $5,220.00 $4.00 $6,960.00 $4.25 $7,395.00 $4.50 $7,830.00
089 P-620 PAINTSTRIPING (GREEN, NON-REFLECTORIZED)18,270 SF $4.00 $73,080.00 $3.00 $54,810.00 $4.00 $73,080.00 $4.00 $73,080.00 $4.40 $80,388.00
090 P-620 SURFACE PAINTED TAXILANE MARKINGS 9 EACH $600.00 $5,400.00 $300.00 $2,700.00 $759.00 $6,831.00 $750.00 $6,750.00 $800.00 $7,200.00
091 P-620 TIE-DOWN NUMBERING 45 EACH $50.00 $2,250.00 $50.00 $2,250.00 $46.00 $2,070.00 $50.00 $2,250.00 $50.00 $2,250.00
092 L-126 INSTALL TIE-DOWN ANCHORS 136 EACH $1,000.00 $136,000.00 $400.00 $54,400.00 $1,012.00 $137,632.00 $400.00 $54,400.00 $1,100.00 $149,600.00
093 SP-17 REMOVE EXISTING TIE-DOWN ANCHORS 183 EACH $250.00 $45,750.00 $250.00 $45,750.00 $183.00 $33,489.00 $50.00 $9,150.00 $200.00 $36,600.00
094 D-701 12-INCH DIA. RCP, CLASS III 180 LF $175.00 $31,500.00 $110.00 $19,800.00 $66.00 $11,880.00 $125.00 $22,500.00 $240.00 $43,200.00
095 D-701 15-INCH DIA. RCP, CLASS III 200 LF $200.00 $40,000.00 $110.00 $22,000.00 $62.00 $12,400.00 $150.00 $30,000.00 $260.00 $52,000.00
096 D-751 ADJUST CATCH BASIN TO GRADE 5 EACH $3,000.00 $15,000.00 $1,600.00 $8,000.00 $3,740.00 $18,700.00 $3,500.00 $17,500.00 $3,000.00 $15,000.00
097 D-751 CATCH BASIN 1 EACH $5,000.00 $5,000.00 $5,000.00 $5,000.00 $4,296.00 $4,296.00 $4,000.00 $4,000.00 $4,800.00 $4,800.00
098 SP-3 CATCH BASIN FILTER INSERTS 6 EACH $2,000.00 $12,000.00 $4,000.00 $24,000.00 $532.00 $3,192.00 $3,000.00 $18,000.00 $3,500.00 $21,000.00
099 D-751 ADJUST MANHOLE TO GRADE 1 EACH $1,500.00 $1,500.00 $1,300.00 $1,300.00 $2,795.00 $2,795.00 $1,500.00 $1,500.00 $700.00 $700.00
100 SP-15 ADJUST JUNCTION BOX/HANDHOLE TO GRADE 1 EACH $2,000.00 $2,000.00 $3,500.00 $3,500.00 $1,178.00 $1,178.00 $800.00 $800.00 $500.00 $500.00
101 L-100 REMOVAL OF EXISTING LIGHT POLE ASSEMBLY 5 EACH $4,000.00 $20,000.00 $4,000.00 $20,000.00 $4,183.00 $20,915.00 $4,160.00 $20,800.00 $5,500.00 $27,500.00
102 L-100 NEW 30-FOOT APRON AREA LIGHT POLE WITH MOUNTING APPARATUS AND LIGHT LOWERING SYSTEM 3 EACH $20,000.00 $60,000.00 $16,000.00 $48,000.00 $22,119.00 $66,357.00 $22,000.00 $66,000.00 $25,000.00 $75,000.00
103 L-100 NEW LED APRON AREA LIGHTING FIXTURE 6 EACH $5,000.00 $30,000.00 $5,000.00 $30,000.00 $5,630.00 $33,780.00 $5,600.00 $33,600.00 $8,000.00 $48,000.00
SUBTOTAL BASE BID (ITEMS 001 THROUGH 074)
ADDITIVE ALTERNATE BID 1
Page 2
Attachment G
PALO ALTO AIRPORT
APRON RECONSTRUCTION PROJECT, PHASE I - BID SET A (RE-BID)
FAA AIP PROJECT NO. 3-06-0182-013-2017
IFB NO. 167808C
ITEM FAA UNIT UNIT UNIT UNIT UNIT
NO. SPEC NO. DESCRIPTION QUANTITY UNITS PRICE TOTAL PRICE PRICE PRICE PRICE
Ghilotti Construction Company, Inc
246 Ghilotti Avenue
Santa Rosa, CA 95407
O'Grady Paving, Inc.
2513 Wyandotte Street
Mountain View, CA 94043
TOTAL TOTALTOTAL
ENGINEERS OPINION OF
CONSTRUCTION COST
Santa Clara, CA 95054
715 Comstock Street
Granite Construction CoC&S Engineers, Inc.
8950 Cal Center Drive, #112
Sacramento, CA 95826
DeSilva Gates Construction LP
11555 Dublin Blvd.
Dublin, CA 94568
TOTAL
104 L-100 NEW OBSTRUCTION LIGHTING FIXTURE (DOUBLE-HEAD)3 EACH $2,000.00 $6,000.00 $2,000.00 $6,000.00 $1,991.00 $5,973.00 $1,980.00 $5,940.00 $2,800.00 $8,400.00
105 L-100 TRANSFORMER AND ENCLOSURE FOR OBSTRUCTION LIGHTING FIXTURE 3 EACH $1,500.00 $4,500.00 $1,000.00 $3,000.00 $1,448.00 $4,344.00 $1,440.00 $4,320.00 $2,000.00 $6,000.00
106 L-100 1" RGS CONDUIT 15 LF $100.00 $1,500.00 $120.00 $1,800.00 $120.00 $1,800.00 $119.00 $1,785.00 $170.00 $2,550.00
107 L-100 2" RGS CONDUIT IN PAVEMENT 10 LF $150.00 $1,500.00 $120.00 $1,200.00 $123.00 $1,230.00 $122.00 $1,220.00 $50.00 $500.00
108 L-100 #6 AWG TYPE THWN 600V CABLE 6,400 LF $2.50 $16,000.00 $2.00 $12,800.00 $3.00 $19,200.00 $2.74 $17,536.00 $4.00 $25,600.00
109 L-115 ELECTRICAL PULL BOX, H20 TRAFFIC RATED 4 EACH $3,000.00 $12,000.00 $5,000.00 $20,000.00 $4,856.00 $19,424.00 $4,830.00 $19,320.00 $7,000.00 $28,000.00
110 L-110 1" CONCRETE ENCASED PVC CONDUIT 840 LF $5.00 $4,200.00 $5.00 $4,200.00 $5.00 $4,200.00 $5.00 $4,200.00 $7.00 $5,880.00
111 L-100 #8 AWG TYPE THWN 600V CABLE 1,110 LF $2.00 $2,220.00 $2.00 $2,220.00 $2.00 $2,220.00 $2.00 $2,220.00 $2.80 $3,108.00
112 L-108 NO. 6 AWG BARE COPPER COUNTERPOISE WIRE 1,800 LF $2.50 $4,500.00 $2.00 $3,600.00 $3.00 $5,400.00 $3.10 $5,580.00 $4.40 $7,920.00
113 L-100 4-WAY 2" CONCRETE ENCASED SCH. 40 PVC CONDUIT IN PAVEMENT 995 LF $100.00 $99,500.00 $92.00 $91,540.00 $98.00 $97,510.00 $97.00 $96,515.00 $150.00 $149,250.00
114 L-100 2-WAY 2" CONCRETE ENCASED SCH. 40 PVC CONDUIT IN PAVEMENT 2,360 LF $60.00 $141,600.00 $45.00 $106,200.00 $56.00 $132,160.00 $56.00 $132,160.00 $80.00 $188,800.00
115 L-100 2" CONCRETE ENCASED SCH. 40 PVC CONDUIT IN PAVEMENT 870 LF $25.00 $21,750.00 $25.00 $21,750.00 $30.00 $26,100.00 $30.00 $26,100.00 $43.00 $37,410.00
116 L-115 ELECTRICAL PULL BOX, AIRCRAFT-RATED, 36" X 36" X 30"8 EACH $10,000.00 $80,000.00 $10,000.00 $80,000.00 $11,562.00 $92,496.00 $11,500.00 $92,000.00 $17,000.00 $136,000.00
117 L-125 TAXIWAY EDGE LIGHTING BASE CAN 15 EACH $2,000.00 $30,000.00 $2,500.00 $37,500.00 $2,584.00 $38,760.00 $2,570.00 $38,550.00 $3,500.00 $52,500.00
118 SP-29 ENGINEERS FIELD OFFICE 1 LS $45,000.00 $45,000.00 $5,000.00 $5,000.00 $2,822.00 $2,822.00 $2,700.00 $2,700.00 $12,000.00 $12,000.00
119 M-100 MAINTENANCE AND PROTECTION OF TRAFFIC 1 LS $100,000.00 $100,000.00 $60,000.00 $60,000.00 $84,136.00 $84,136.00 $35,000.00 $35,000.00 $17,000.00 $17,000.00
120 M-150 PROJECT SURVEY & STAKEOUT 1 LS $25,000.00 $25,000.00 $20,000.00 $20,000.00 $14,000.00 $14,000.00 $10,940.00 $10,940.00 $15,000.00 $15,000.00
121 GP-105 MOBILIZATION (Shall not exceed 6% of the total amount of line items #074-120)1 LS $145,696.00 $145,696.00 $136,000.00 $136,000.00 $60,000.00 $60,000.00 $94,000.00 $94,000.00 $150,000.00 $150,000.00
$2,573,956.00 $2,432,255.00 $2,180,775.00 *$2,252,761.00 $2,660,537.00
122 P-152 UNCLASSIFIED EXCAVATION 2,600 CY $50.00 $130,000.00 $10.00 $26,000.00 $9.00 $23,400.00 * $25.00 $65,000.00 $16.50 $42,900.00
123 P-160 PULVERIZED ASPHALT (2.5" THICKNESS)3,100 SY $1.50 $4,650.00 $2.00 $6,200.00 $9.00 $27,900.00 *$1.00 $3,100.00 $2.00 $6,200.00
124 SP-19 MILLING 2,545 SY $15.00 $38,175.00 $10.00 $25,450.00 $2.00 $5,090.00 *$4.00 $10,180.00 $14.00 $35,630.00
125 P-156 COMPLIANCE W/POLLUTION, EROSION & SILTATION CONTROL 1 LS $5,000.00 $5,000.00 $1,000.00 $1,000.00 $6.00 $6.00 * $2,000.00 $2,000.00 $11,000.00 $11,000.00
126 P-208 AGGREGATE BASE COURSE (ADDITIONAL 2" THICK TO FORM A 6" THICK SECTION)15,900 SY $3.00 $47,700.00 $6.00 $95,400.00 $3.00 $47,700.00 $3.00 $47,700.00 $5.00 $79,500.00
127 P-208 AGGREGATE BASE COURSE (6" THICK)2,500 SY $15.00 $37,500.00 $20.00 $50,000.00 $12.00 $30,000.00 $15.00 $37,500.00 $13.30 $33,250.00
128 P-403 HMA SURFACE COURSE 1,280 TON $120.00 $153,600.00 $122.00 $156,160.00 $102.00 $130,560.00 $100.00 $128,000.00 $98.00 $125,440.00
129 P-602 PRIME COAT 6 TON $1,000.00 $6,000.00 $2,000.00 $12,000.00 $1,193.00 $7,158.00 $1,000.00 $6,000.00 $1,700.00 $10,200.00
130 P-160 CEMENT TREATED SUBGRADE (18" THICK)18,200 SY $6.00 $109,200.00 $6.00 $109,200.00 $3.00 $54,600.00 $2.25 $40,950.00 $3.80 $69,160.00
131 P-160 CEMENT MATERIAL (6% RATE)975 TON $100.00 $97,500.00 $100.00 $97,500.00 $141.00 $137,475.00 $140.00 $136,500.00 $165.00 $160,875.00
132 P-620 PAINTSTRIPING (YELLOW, REFLECTORIZED) 200 SF $4.00 $800.00 $5.00 $1,000.00 $4.00 $800.00 $3.80 $760.00 $4.40 $880.00
133 P-620 "TUG OR TOW ONLY" MARKINGS 2 EACH $500.00 $1,000.00 $250.00 $500.00 $445.00 $890.00 $418.00 $836.00 $500.00 $1,000.00
134 L-126 INSTALL TIE-DOWN ANCHORS 15 EACH $1,000.00 $15,000.00 $400.00 $6,000.00 $1,012.00 $15,180.00 $400.00 $6,000.00 $1,100.00 $16,500.00
135 SP-17 REMOVE EXISTING TIE-DOWN ANCHORS 18 EACH $250.00 $4,500.00 $350.00 $6,300.00 $278.00 $5,004.00 $50.00 $900.00 $200.00 $3,600.00
136 D-751 ADJUST CATCH BASIN TO GRADE 3 EACH $3,000.00 $9,000.00 $1,500.00 $4,500.00 $3,533.00 $10,599.00 $3,500.00 $10,500.00 $3,000.00 $9,000.00
137 SP-3 CATCH BASIN FILTER INSERTS 3 EACH $2,000.00 $6,000.00 $4,000.00 $12,000.00 $571.00 $1,713.00 $3,000.00 $9,000.00 $3,500.00 $10,500.00
138 L-110 2" CONCRETE ENCASED SCH. 40 PVC CONDUIT IN PAVEMENT 1,910 LF $25.00 $47,750.00 $25.00 $47,750.00 $30.00 $57,300.00 $30.00 $57,300.00 $43.00 $82,130.00
139 L-115 ELECTRICAL PULL BOX, H20 TRAFFIC RATED 4 EACH $3,000.00 $12,000.00 $4,500.00 $18,000.00 $4,856.00 $19,424.00 $4,830.00 $19,320.00 $6,800.00 $27,200.00
140 L-100 2-WAY 2" CONCRETE ENCASED SCH. 40 PVC CONDUIT IN PAVEMENT 760 LF $60.00 $45,600.00 $45.00 $34,200.00 $56.00 $42,560.00 $56.00 $42,560.00 $65.00 $49,400.00
141 L-110 1" CONCRETE ENCASED PVC CONDUIT 730 LF $5.00 $3,650.00 $5.00 $3,650.00 $5.00 $3,650.00 $5.00 $3,650.00 $7.00 $5,110.00
142 L-100 #6 AWG BARE COPPER COUNTERPOISE WIRE 760 LF $2.50 $1,900.00 $2.00 $1,520.00 $3.00 $2,280.00 $3.10 $2,356.00 $4.40 $3,344.00
143 GP-105 MOBILIZATION (6% MAXIMUM)1 LS $46,592.00 $46,592.00 $40,000.00 $40,000.00 $20,000.00 $20,000.00 * $25,000.00 $25,000.00 $29,000.00 $29,000.00
$823,117.00 $754,330.00 $643,289.00 *$655,112.00 $811,819.00
144 L-100 1" CONDUIT IN PAVEMENT 1,120 LF $20.00 $22,400.00 $5.00 $5,600.00 $5.00 $5,600.00 $5.00 $5,600.00 $7.00 $7,840.00
145 L-100 3-WAY 4" CONCRETE ENCASED SCH. 40 PVC CONDUIT IN PAVEMENT 240 LF $30.00 $7,200.00 $85.00 $20,400.00 $96.00 $23,040.00 $95.00 $22,800.00 $130.00 $31,200.00
146 L-100 4-WAY 4" CONCRETE ENCASED SCH. 40 PVC CONDUIT IN PAVEMENT 465 LF $40.00 $18,600.00 $90.00 $41,850.00 $105.00 $48,825.00 $104.00 $48,360.00 $140.00 $65,100.00
147 L-100 5-WAY 4" CONCRETE ENCASED SCH. 40 PVC CONDUIT IN PAVEMENT 415 LF $50.00 $20,750.00 $100.00 $41,500.00 $115.00 $47,725.00 $114.00 $47,310.00 $150.00 $62,250.00
148 L-100 17"X30" PULL BOX (H20 TRAFFIC RATED)7 EACH $2,500.00 $17,500.00 $5,000.00 $35,000.00 $4,856.00 $33,992.00 $4,830.00 $33,810.00 $7,000.00 $49,000.00
149 L-100 24"X36" PULL BOX (H20 TRAFFIC RATED)1 EACH $3,500.00 $3,500.00 $7,000.00 $7,000.00 $7,440.00 $7,440.00 $7,400.00 $7,400.00 $10,000.00 $10,000.00
150 L-100 12"X12" PULL BOX (H20 TRAFFIC RATED)8 EACH $2,000.00 $16,000.00 $4,500.00 $36,000.00 $4,856.00 $38,848.00 $4,830.00 $38,640.00 $7,000.00 $56,000.00
$105,950.00 $187,350.00 $205,470.00 $203,920.00 $281,390.00SUBTOTAL ADDITIVE ALTERNATE BID 3 (ITEMS 144 THROUGH 150)
SUBTOTAL ADDITIVE ALTERNATE BID 2 (ITEMS 122 THROUGH 143)
SUBTOTAL ADDITIVE ALTERNATE BID 1 (ITEMS 075 THROUGH 121)
ADDITIVE ALTERNATE 2 BID
ADDITIVE ALTERNATE BID 3
Page 3
Attachment G
PALO ALTO AIRPORT
APRON RECONSTRUCTION PROJECT, PHASE I - BID SET A (RE-BID)
FAA AIP PROJECT NO. 3-06-0182-013-2017
IFB NO. 167808C
ITEM FAA UNIT UNIT UNIT UNIT UNIT
NO. SPEC NO. DESCRIPTION QUANTITY UNITS PRICE TOTAL PRICE PRICE PRICE PRICE
Ghilotti Construction Company, Inc
246 Ghilotti Avenue
Santa Rosa, CA 95407
O'Grady Paving, Inc.
2513 Wyandotte Street
Mountain View, CA 94043
TOTAL TOTALTOTAL
ENGINEERS OPINION OF
CONSTRUCTION COST
Santa Clara, CA 95054
715 Comstock Street
Granite Construction CoC&S Engineers, Inc.
8950 Cal Center Drive, #112
Sacramento, CA 95826
DeSilva Gates Construction LP
11555 Dublin Blvd.
Dublin, CA 94568
TOTAL
151 L-100 1" CONDUIT IN PAVEMENT 420 LF $20.00 $8,400.00 $5.00 $2,100.00 $5.00 $2,100.00 $5.00 $2,100.00 $7.00 $2,940.00
152 L-110 3-WAY 4" CONCRETE ENCASED SCH. 40 PVC CONDUIT IN PAVEMENT 75 LF $30.00 $2,250.00 $85.00 $6,375.00 $96.00 $7,200.00 $95.00 $7,125.00 $130.00 $9,750.00
153 L-110 6-WAY 4" CONCRETE ENCASED SCH. 40 PVC CONDUIT IN PAVEMENT 320 LF $60.00 $19,200.00 $110.00 $35,200.00 $129.00 $41,280.00 $128.00 $40,960.00 $170.00 $54,400.00
154 L-110 11-WAY 4" CONCRETE ENCASED SCH. 40 PVC CONDUIT IN PAVEMENT 30 LF $100.00 $3,000.00 $200.00 $6,000.00 $253.00 $7,590.00 $252.00 $7,560.00 $330.00 $9,900.00
155 L-100 17"X30" PULL BOX (H20 TRAFFIC RATED)2 EACH $2,500.00 $5,000.00 $5,000.00 $10,000.00 $4,856.00 $9,712.00 $4,830.00 $9,660.00 $7,000.00 $14,000.00
156 L-100 24"X36" PULL BOX (H20 TRAFFIC RATED)1 EACH $3,500.00 $3,500.00 $7,000.00 $7,000.00 $7,440.00 $7,440.00 $7,400.00 $7,400.00 $10,000.00 $10,000.00
157 L-100 12"X12" PULL BOX (H20 TRAFFIC RATED)3 EACH $2,000.00 $6,000.00 $4,500.00 $13,500.00 $4,856.00 $14,568.00 $4,830.00 $14,490.00 $7,000.00 $21,000.00
$47,350.00 $80,175.00 $89,890.00 $89,295.00 $121,990.00
$8,725,887.00 $8,403,451.40 *$8,536,674.84 *$8,941,541.50 $9,025,954.00
C&S ENGINEERS, INC.
I CERTIFY THAT THIS IS A TRUE AND CORRECT TABULATION OF BIDS RECEIVED AUGUST 1, 2017
SIGNED:DATE:
* Math error - Incorrect "Total Item Price" (also
changes total bid amount)
* Mobilization corrected to not exceed 6% of
corrected total Base Bid amount
*DENOTES MATH ERROR. CORRECTED AMOUNT SHOWN.
ADDITIVE ALTERNATE BID 4
SUBTOTAL ADDITIVE ALTERNATE BID 4 (ITEMS 151 THROUGH 157)
GRAND TOTAL - BASE AND ALL ADDITIVE ALTERNATE BIDS
* Math error - Incorrect "Total Item Price" (also
changes total bid amount)
* Mobilization corrected to not exceed 6% of
corrected total Base Bid amount
Page 4
Attachment G
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PALO ALTO AIRPORT
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Page 1
Resolution No.
Resolution of the City Council of the City of Palo Alto Authorizing the City Manager to
Execute Grant Agreements Offered to the City of Palo Alto by the California Department of
Transportation for Airport Improvement Program (AIP) Matching Grant Funds to be Used for Apron
Reconstruction, Phase 1, for the Palo Alto Airport; and Authorizing the City Manager or his Designee
to Execute, on Behalf of the City, any Other Documents Associated with the Application and
Acceptance of Grant Funds from the California Department of Transportation; and Certifying that
the Airport Enterprise Fund has Sufficient Local Matching Funds to Finance One Hundred Percent
(100%) of the California Department of Transportation Grant Funded Projects
R E C I T A L S
A. The City of Palo Alto (“the City”) and the Federal Aviation Administration are parties
to federal Airport Improvement Program (AIP) grant 3-06-0182-13 for Apron Reconstruction, Phase
1, at Palo Alto Airport.
B. The California Department of Transportation (“DOT”), pursuant to Public Utilities
Code Section 21683.1, is authorized to provide AIP matching grants of up to five percent (5%) of
FAA grant amounts.
C. The DOT requires a local agency, as a condition of receiving these AIP matching
grant funds, to adopt a resolution authorizing the submittal of an application and the execution of
grant agreements for the acceptance of said grant funds and to certify the availability of the local
matching funds for AIP grants.
D. The Council wishes to authorize the City to receive the maximum of available DOT
grant funds for Apron Reconstruction, Phase 1, for the Palo Alto Airport.
E. The Council has recommended that grant agreements offered to the City by DOT for
the Palo Alto Airport be executed by the City Manager or his designee on behalf of the City.
F. This Council has considered the recommendation of the City Manager.
NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE, as follows:
SECTION 1. Authorizes the City Manager to execute AIP Matching Grant agreements
offered to the City by the California Department of Transportation to be used for Apron
Reconstruction, Phase 1, for Palo Alto Airport.
SECTION 2. Authorizes the City Manager or his designee to execute on behalf of the City
any other documents associated with the application and acceptance of the allocation of AIP
Matching grant funds from the California Department of Transportation.
SECTION 3. Certifies that the Airport Enterprise Fund has sufficient local matching funds
to finance one hundred percent (100%) of the California Department of Transportation grant
funded projects.
Attachment I
Page 2
SECTION 4. The Council finds that the adoption of this resolution does not constitute a
‘project’ under Section 21065 of the California Public Resources Code and Sections 15378(b)(4) and
9b)(5) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines, and therefore,
no environmental assessment is required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
___________________________ ___________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ ____________________________
Chief Assistant City Attorney City Manager
____________________________
Director of Public Works