HomeMy WebLinkAbout2003-05-05 City Council (10)TO:
C ty PaSo
C ty a ager s eport
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:MAY 5, 2003 CMR:257:03
SUBJECT:AWARD OF CONTRACT TO VALENTINE CORPORATION IN
THE AMOUNT OF $1,021,209 FOR THE EMBARCADERO ROAD
PEDESTRIAN/BICYCLE BRIDGE AND BIKE PATH EXTENSION;
APPROVAL OF A BUDGET AMENDMENT ORDINANCE IN THE
AMOUNT $497,785 CONSISTING OF THE REMAINING
REIMBURSABLE GRANTS IN THE AMOUNT OF $426,525 AND
$71,260 OF STREET IMPROVEMENT FUNDS; APPROVAL OF
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY 1996
MEASURE B BICYCLE
AGREEMENT;APPROVAL
CONTRACT C4044185
INCORPORATED IN THE
CONSTRUCTION SUPPORT
REIMBURSEMENT
COMMUNICATIONS
SERVICES
PROGRAM FUND TRANSFER
OF AMENDMENT NO. 3 TO
WITH HMH ENGINEERS,
AMOUNT OF $33,000 FOR
SERVICES AND APPROVAL OF
AGREEMENT WITH SPRINT
FOR CONSTRUCTION MONITORING
RECOMMENDATION
Staff recommends that Council:
1)Approve a Budget Amendment Ordinance (BAO) for the Embarcadero Road
Pedestrian/Bicycle Bridge and Bike Path Extension Project in the amount of $497,785
from Street Improvement Funds (Attachment A);
2)Approve and authorize the City Manager or his designee to execute the attached Santa
Clara Valley Transportation Authority 1996 Measure B Bicycle Program Fund
Transfer Agreement allocating Measure B, Tier 1 bicycle project funds to
Embarcadero Road Pedestrian/Bike Bridge and Bike Path in the amount of $300,000
(Attachment C);
3)Approve and authorize the Mayor to execute the attached contract with Valentine
Corporation in the amount of $1,02!,209 for construction of the Embarcadero Road
Pedestrian/Bicycle Bridge and Bike Path Extension Project (Attachment D);
CMR:257:03 Page 1 of 5
4)Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Valentine Corporation for related, additional but
unforeseen work which may develop during the project, the total value of which shall
not exceed $102,120;
5)Approve and authorize the Mayor to execute Amendment No. 3 to Contract
C4044185 with HMH Engineers, Incorporated in the amount of $33,000 for
construction support services for the Embarcadero Road Pedestrian/Bicycle Bridge
and Bike Path Extension Project (Attachment F); and
6)Approve and authorize the City Manager or his desig-nee to execute a Reimbursement
Agreement with Sprint Communications for construction monitoring services and
potential underground fiber line relocation estimated at $15,000, and with other public
utilities up to an additional $10,000 as may be needed in the future.
BACKGROUND
The Embarcadero Road Pedestrian!Bicycle Bridge and Bike Path Extension project was
originally bid in May 1996. The bids were over the engineer’s estimate and 50 percent
higher than available funds. The bids were subsequently rejected. Staff pursued
alternatives including reduction of project scope, exploring temporary use of an existing
railroad bridge and detouring the path through the Palo Alto High School driveway.
None of the alternatives were viable and staff recommended abandoning the project.
Council did not accept staffs recommendation and instructed staff to continue working
toward implementing the project. Since that time, staff has identified additional funding
sources and entered into agreements resulting in sufficient funding to construct the
project. The attached BAO requests the remaining grant funding be appropriated to the
project.
DISCUSSION
Project Description
This project will construct a bicycle/pedestrian path along the west side of the Caltrain
tracks, from Churchill Avenue to the University Avenue Caltrain Station, including a
bicycle/pedestrian bridge over Embarcadero Road. The new path will be separated from
the train tracks by a fence that will be installed as part of the project. The project has
been a long-planned completion of a key segment of the City’s adopted bikeway system.
The path passes through property controlled by the Palo Alto Unified School District
(PAUSD), Peninsula Corridor Joint Powers Board (JPB) and the Palo Alto Medical
Foundation (PAMF). Staff has secured the necessary right of ways and easements with
PAUSD, JPB, Caltrans and telecom companies. Failure to award this contract will result
in forfeiture of State and Federal grant monies that will be used for construction and for
construction administration.
CMR:257:03 Page 2 of 5
Summary of Bid Process
Bid Name Embarcadero Road Pedestrian/Bike Path
Project
Proposed Length of Project 200 working days
Number of Bids Mailed to Contractors 18
Number of Bids Mailed to Builder’s 5
Exchanges
Total Days to Respond to Bid 33
Pre-Bid Meeting?Yes
Number of Company Attendees at Pre-Bid 3
Meeting
Number of Bids Received:3
Bid Price Range From a low of $1,021,209 to a high of
$1,284,710
A notice inviting formal bids for the Embarcadero Road Pedestrian/Bicycle Bridge and
Bike Path Extension project was issued on March 13, 2003 and sent to 5 builders’
exchanges and 18 general contractors. The bidding period was 30 days to comply with
requirements for projects receiving Federal funding. Bids were received from 3 qualified
contractors on April 15, 2003, as listed on the attached bid summary (Attachment E).
Bids ranged from a high of $1,284,710 to a low bid of $1,021,209.
Staff has reviewed all bids submitted and recommends that the bid of $1,021,209
submitted by Valentine Corporation be accepted and that Valentine Corporation be
declared the lowest responsible bidder. The bid is 15 percent under the engineer’s
estimate of $1,200,200. The change order amount of $102,120 (which equals 10 percent
of the total contract) is requested to resolve unforeseen problems and!or conflicts that
may arise during the construction period.
Staff checked references supplied by the contractor for previous work performed and
found no significant complaints. Staff also checked with the Contractor’s State License
Board and found that the contractor has an active license on file.
Contract Amendment with HMH Engineers
The Amendment to the contract with HMH Engineers will provide for design services
during construction, including: periodic site meetings with the contractor; response to
contractor questions regarding design issues or necessary design changes; geotechnical
engineering observation during the pile driving operation for the bridge; and structural
engineering inspection for the bridge.
Construction Management
The State’s construction management budget for this project is approximately $80,000.
Public Works staff will issue a Request for Proposals for construction management
services in order to supplement staffs day-to-day oversight of the contractor. Having
CMR:257:03 Page 3 of 5
additional consultant inspectors on-site will free staff to work on other infrastructure
projects.
Reimbursement Ageement with Sprint Communications
In July 1995, the City signed an agreement with Sprint Communications. In this
agreement, the City agreed to reimburse Sprint for the cost of having a Sprint
representative be involved in any excavation work that might damage Sprint’s
underground communications lines. Sprint has estimated the cost for this oversight, and
for potential fiber line relocation, to be roughly $15,000 and would be billed on an as-
needed ;;time and materials" basis.
RESOURCE IMPACT
The attached BAO requests an increase in revenue and expenditure of $497,785 for CIP
Project 19310. No future year General Fund ongoing costs are anticipated as a result of
this BAO.
The committed funding sources for this project total $1,847,785 as noted below:
TEA-21 Federal funds (CMAQ), Congestion Mitigation & Air Quality $1,155,495
State TSM funds $ 41,460
Transportation Development Act 3 funds $195,570
Measure B Funds, Bicycle Expenditure Program $ 300,000
Local Funds (Developer Mitigation Fees)$ 37,000
City of Palo Alto Street Improvement Fund $ 118.260
Total Committed Funding $1.847.785
Of this funding, $1,350,000 has been previously budgeted ($50,000 in FY 1993/94,
$500,000 in FY 1994/95 and $800,000 in FY 2000/01). Of the committed funding,
$49,280 in engineering design services was invoiced to the State of California and the
City has received reimbursement.
This project will add approximately 2 miles of bicycle path, a bridge, path li~ting,
signage, security fencing and 200 feet of irrigated landscaping. Increased annual
maintenance costs for Public Works Operations will be approximately $2,000 and $1,000
for the Parks Division.
TIMELINE
The contractor will begin mobilizing work crews in May and commence work on the
project in June. The project is scheduled for completion in February 2004.
.ENVIRONMENTAL REVIEW
The Council in its meeting of August 1, 1994, approved an environmental assessment
(94-EIA-16) for the Bike Path Project.
CMR:257:03 Page 4 of 5
ATTACHMENTS
Attachment A:
Attachment B"
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Budget Amendment Ordinance
Budget Amendment Ordinances Impacting
Fund Reserves Approved-to-Date in 2002-03
Santa Clara Valley Transportation Authority
Pro~am Fund Transfer A~eement
Contract
Bid Summary
the Street Improvement
1996 Measure B Bicycle
Amendment No. 3 to Contract C4044185 with HMH En~neers
PREPAREDBY:
DEPARTM3ENT HEAD:
Director of Public Works
EMILY HARRI S ON
Assistant City Manager
CMR:257:03 Page 5 of 5
ORDINANCE NO.
ATTACHMENT A
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2002-03 TO ACCEPT
AND EXPEND GRANT AND STREET IMPROVEMENT FUNDS IN THE
TOTAL AMOU-NT OF $497,785 INTO CAPITAL IMPROVEMENT PROGRAM
(CiP) PROJECT 19310, EMBARCADERO ROAD PEDESTRIAN/BICYCLE
BRIDGE AND BIKE PATH EXTENSION PROJECT
The Counci! of the City of Palo Alto does ORDAIN as follows:
SECTION i. The Council of the City of Palo Alto finds and
determines as fol!ows:
A. Pursuant to the provisions of Section 12 of Article II! of
the Charter of the City of Palo Alto, the Council on June 17, 2002
did adopt a budget for fiscal year 2002-03; and
B. Council approved the creation of CIP 19310, Embarcadero Road
Pedestrian/Bicycle Bridge and Bike Path Extension Project for the
construction of a bicycle/pedestrian path a!ong the west side of the
Caltrain tracks, from Churchil! Avenue to the University Avenue
Caltrain Station, including a bicycle!pedestrian bridge over
Embarcadero Road; and
C. In May 1996, bids on this project were over the engineer’s
estimates and 50 percent higher than available funds and
subsequently the bids were rejected; and
D. Staff pursued alternative options for making this project
viable and none of the alternatives were feasible so sta~
recommended abandoning the project; and
E. Council instructed staff to continue working on
implementing this project and staff has identified additional
funding sources and entered into agreements resulting in sufficient
project funding; and
F. The following agencies have awarded the City reimbursable
grants: TEA-21 Federal funds (CMAQ), Congestion Mitigation & Air
Quality, State TSM funds, Transportation Development Act 3 funds,
Measure B funds (Developer Mitigation Fees); and
G. The City of Palo Alt0 Street improvement Fund will also
provide for additiona! expenditures in CIP project 19310; and
H. City Council authorization is needed to accept and expend
the grant receipts and the Street improvement Fund funds transfer;
and
I. City Council authorization is needed to amend the 2002-03
budget as hereinafter set forth.
SECTION 2. Revenue in CIP Project Number 19310 is
increased/decreased by the following funding sources (see table
below):
Mitigation & Air Quality
State TSM funds
Transportation Development Act 3 funds
Measure B Funds, Bicycle Expenditure Program
Subtotal Grant Funds
-City of Palo Alto Street Improvement Fund
Total Funds
$ 35,495
i($ 4,540)
$ s,$7o
$3oo,ooo
$426,525
$ 3~,2~o
$497,785
SECTION 3. Grant revenue in CIP Project Number 19310 is
increased by Four Hundred Twenty-Six Thousand Five Hundred Twenty-
Five Dollars ($426,525) for receipt of grant funds.
SECTION 4. Revenue in CIP Project Number 19310 is increased
by a transfer from the 2002-03 Street Improvement Fund Reserve in
the amount of Seventy-One Thousand Two Hundred Sixty Dollars
($71,260)reducing the Street Improvement Fund Reserve to $1,109,894.
SECTION 5. The transactions in sections 3 and 4 will increase
the revenue in Capita! improvement Project 19310 by $497,785.
SECT!ON 6. The sum of Four Hundred Ninety-Seven Thousand
Seven Hundred Eighty-Five Dollars ($497,785) is hereby appropriated
to Capita! Improvement Project Number 19310.
SECTION 7. The transactions above will have no impact on the
Budget Stabilization Reserve.
SECTION 8. As specified in Section 2.28.080(a) of the Palo
Alto Municipa! Code, a two-thirds vote of the City Counci! is
required to adopt this ordinance.
SECTION 9. The Council in its meeting on August !, 1994
approved an environmental assessment (94-EIA-!6) for the Bike Path
Project.
//
//
SECTION i0. As provided in Section 2.04,350 of the Palo Alto
Municipal Code, this ordinance shal! become effective upon adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
_ABSTENTIONS:
ATTEST:APPROVED:
City Clerk Mayor
City Attorney City Manager
Director of Public Works
Director of Administrative
Services
ATTACHMENT B
Budget Amendment Ordinances Impacting the Street Improvement Fund Reserves Approved-To-Date in 2002-03
Placeholders
Already in the Impact on the Estimated Future Year
BAO Description Cost Revenue 2002.03 Street Improvement
Adopted Fund Reserve Ongoing Costs
Budget
Ba|ance
Embarcadero Road Pedestrian/Bicycle Bridge and Bike Path -
CIP 19310
S1,109,894
($71,260)
Reserve BalanceAfierBAO~51,038,634
ATTACHMENT C
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
1996 MEASURE B BICYCLE PROGRAM
FUND TRANSFER AGREEMENT
This Cooperative Agreement (Agreement) is made as of ,2003, between
the Santa Clara Valley Transportation Authority (VTA) and the City of Pa]o Alto
(Member Agency).
This Agreement is made with reference to the following facts:
On November 5, 1996, the voters of Santa Clara County enacted by majority
vote the 1996 Measure A Sales Tax program and the 1996 Measure B sales.tax.
The 1996 Measure B program included $12 million for bicycle projects in Santa
Clara County.
The VTA Board of Directors adopted the Santa Clara Countywide Bicycle Plan
on September i0, 2002, which included the Tier i priority list of bicycle
projects.
C.The Tier i bicycle projects bill be funded out of the Bicycle Expenditure
Program that was adopted by the VTA Board of Directors on August 3, 2000.
D.The Bicycle Expenditure Program is a ten-year $32 million funding program
for the Tier i projects in the Santa Clara Countywide Bicycle Plan.
E.The Santa Clara County Board of Super~dsors approved the Measure B Bicycle
Program on August 17, 2000.
VTA has been designated by the County of Santa Clara as the Program
Manager for the 1996 Measure B Bicycle Program, and is responsible for
disbursing Measure B Bicycle Program funds.
This Agreement specifies the conditions under which VTA will disburse
Measure B Bicycle Program funds to the Member Agency for the Embarcadero
Bike Path and Bridge Project.
Section 1. Project Description
The Member Agency will complete the construction of the Embarcadero Bike
Path and Bridge Project (referred to herein as "Project"). The project will
complete a 0.8 mile long bike path along Caltrain right-of-way between Churchill
Ave. and the Palo Alto IntermodaI Transit Station.
Section 2. Award of Measure B Bicycle Funds
$300,000 in Measure B Bicycle Program funds will be provided to the Member
Agency for implementation of the Project.
Section 3. Minimum Local Match
The Member Agency agrees to provide a local match equal to at least 20% of the
total project cost, as shown in Attachment A. The local match shall not include
funds from the following sources:
Transportation Development Act Article 3 30% set-aside for the Bicycle
Expenditure Program
b)
c)
Transportation Fund for Clean Air Program Manager 50% set-aside for the
Bicycle Expenditure Program
Transportation Equity Act for the 21St Century Enhancements 2nd Cycle set
aside for the Bicycle Expenditure Program
d)Any other funds approved by the VTA Board of Directors as being
dedicated to the Bicycle Expenditure Program
Section 4. Bicycle Technical Guidelines’ Standards
The Member Agency shall ensure that the Project will comply with the standards
in the Bicycle Technical Guidelines adopted by the VTA Board of Directors in
September 1999, unless compliance would result in extraordinary cost and!or
environmental impacts.
Section 5. Review of Plans
The Member Agency shall provide two copies of the 100% design plans of the
Project to X~A as soon as they are available.
Section 6. Administrative Costs
The Member Agency’s allowable administ~ative costs for the Project are limited to
5% of the Measure B Bicycle funding.
Section 7. Reimbursements
Any costs incurred for the Project before full execution of this Agreement are not
eligible are reimbursement. The Member Agency shall submit invoices to VTA
with documentation of costs incurred during the invoice period, using the form
shown in Attachment B. VTA sha~ pay the Member Agency within thirty days
after receipt of each invoice and to continue making such payments until the
Project is complete or the Measure B Bicycle fund contribution is fully invoiced;
whichever occurs first.
Section 8. Monitoring and Status Reports
The Member Agency shall submit yearly-basis financial and implementation status
reports to \~FA by August 1 of each year. Each report shall itemize the obligation
Page 2 of 5
and expenditure of funds, and the progress to date in the implementation of the
Project.
Section 9. Audit
The Member Agency shall retain all books, documents, papers, accounting
records and other evidence pertaining to costs for three years after completion of
the Project. The Member Agency shall also allow VTA or an independent auditor
selected by VTA to audit all expenditures relating to the Project and to require all
recipients of funds allocated under this Agreement to fully cooperate ~ith such
audits, within three years of the date of the final payment to the Member Agency.
Section 10. Marketing and Public Relations
The Member Agency shal! use VTA-approved and County of Santa Clara-approved
logos and signage for the Project as shown in Attachment C on signs posted at the
site of all construction. The logos shall be used on any printed material intended
for public dissemination associated with the Project, including but not limited to
brochures, handbooks, schedules, maps, and promotional materials. The Member
Agency shall credit the VTA as the Program Manager and the County of Santa
Clara as the funding source in any related articles, news releases, or other
publicity materials that are produced by the Member Agency for the Project.
Sections 11. Notices
~iny notice which may be required under this Agreement shall be in writing, shall
be effective when received, and shall be ~ven by personal service, by U.S. Postal
Service mail, or by certified mail (return receipt requested), to the addresses set
forth below, or to such addresses which may be specified in writing to the parties
hereto.
Michael P. Evanhoe
Chief Development Official
Santa Clara Valley Transpo~tion Authority
3331 North First Street
San Jose, CA 95134
Glenn Roberts
Public Works Director
250 Hamilton Avenue
Palo Alto, CA 94303
Page 3 of 5
Section 12. Staff Liaisons
Liaison with the Member AgencY with regard to the day-to-day activities of the
Project shal! be with Elizabeth Ames. Liaison with the VTA with regard to the
day-to-day activities of the Project shall be with Amin Surani. Notification of
change of status of contact persons shall be made in writing within thirty 30 days.
Section 13. Member Agency Liability
Neither VTA nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by
the Member Agency under or in connection with any work, authority or
jurisdiction delegated to VTA or the Member Agency under this Cooperative
Agreement. Pursuant to Government Code 895.4, Member Agency shall fully
defend, indemnify, and save harmless VTA from all suits or actions of every name,
kind and description brought on for or on account of injury (as defined in
Government Code Section 810.8) occurring by reason of anything done or omitted
to be done by the Member Agency under or in connection with any work,
authority or jurisdiction delegated to VTA under this Cooperative Agreement.
Section 14. VTA Liability
Neither the Member Agency nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by VTA under or in connection with any work, authority or
jurisdiction delegated to the Member Agency or VTA under this Cooperative
Agreement. Pursuant to Government Code 895.4, VTA shall fully defend,
indemnify, and save harmless the Member Agency from all suits or actions of
every name, idnd and description brou~ht on for or on account of injury (as
defined in Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by VTA under or in connection with any work, authority or
jurisdiction delegated to VTA under this Agreement.
Page 4 of 5
Section 15. Additional Terms and Conditions
A.The Member Agency shall fully expend Measure B Bicycle Program funds by
June 30, 2005.
B.This Agreement shall terminate on June 30, 2005, unless all parties agree, in
writing, to an extension.
No alternation or variation of the terms of this Cooperative Agreement shall be
valid unless made in ~ting and signed by both of the parties hereto and no
oral understanding or agreement not incorporated herein shall be binding on
any of the parties hereto.
City of Palo Alto
(Member Agency)
SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY
(WrA)
Glenn Roberts, Public Works Director Peter M. CipolIa, General Manager
Approved as to Form:Approved as to Form:
Name, City Counsel Counse!
Page 5 of 5
Attachment B
1996 Measure B Bicycle Program
Request for Reimbursement
Countywide Bike Plan Proj ID#:
Agency:
Contact:
Phone:
Project Title:
Project Location & limits:
Description of Work funded by Me~sure B:
Date:
Request #:
For this period of work start date:end date:
Please attach support documentation for this reimbursement
Total Project Allocation Amount:
Less cumulative previous requests:
Remaining balance after previous request.’
Amount of tl~s request:
$
$
$
Rem~.ining Project Allocation Amount for future requests:
To the best of my imowledge, the above information is true and accurate and
I have been authorized by the project sponsor to request this disbursement of funds.
Naffne:
Title:
Date:
Agency:
Signature
VTA approvals:
OK to pay $
Celia Chung, Transportation Planner Michael P. Evanhoe, Director
E
ATTACHMENT D
CONTRACT No. C319310A
Public Works Department
This Contract, number C319310A dated is entered into by and between the City of Palo Alto, a chartered
city and a municipal corporation of the State of California ("City"), and Valentine Corporation ("Contractor").
For and in consideration of the covenants, terms, and conditions (~the provisions~) of this Contract, City and
Contractor ("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this
Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such
notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier
termination of this Contract.
General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants,
terms a’nd conditions of this Contract to the satisfaction of City. The Project and Work is generally
described as follows:
Title of Project:Embarcadero Road Pedestrian/Bike Bridge & Bike Path Project, (IFB) Number 19310A
Bid:$1,021,209.00
Contract Documents. This Contract shall consist of the documents set forth below, which are on file with
the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and
resolving inconsistencies between and among the provisions of this Contract, these documents and the
provisions thereof are set forth in the following descending order of precedence.
a.This Contract.
b.Invitation For Bid.
c.Project Specifications.
d.Drawings.
e.Change Orders.
f.Bid.
g.Supplementary Conditions.
h.General Conditions.
I.Standard Drawings and Specifications (1999).
j.Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
k.Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or
the Standard Drawings and Specifications (1999).
I.Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and
upon the receipt of written invoices and all necessary supporting documentation within the time set forth in
the Contract Specifications and the Standard Drawings and Specifications (1999), or, if no time is stated,
within thirty (30) Days of the date of receipt of Contractor’s invoices.
Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of
insurance coverage described in the Invitation For Bid on terms and conditions and in amounts as may be
required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal
property or the personal property of any person performing labor or services or supplying materials or
equipment under the Project. Contractor shall furnish City with the certificates of insurance and with
original endorsements affecting coverage required under this Contract on or before the Date of Execution.
The certificates and endorsements for each insurance policy shall be signed by a person who is authorized
by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to
the address set forth in Section 15 of this Contract.
PAGE 1 OF 7
10.
11.
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members,
officers, employees, agents and representatives harmless from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in
part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a
result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s
noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any
part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for
doing anything which Contractor is required not to do under this Contract, or which arises from conduct for
which any Law may impose strict liability on Contractor in the performance of or failure to perform the
provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of
City or any of its Council members, officers, employees, agents or representatives. This indemnification
shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by
Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations
under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend
City, its City Council members, officers and employees from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in
whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or omissions
under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act
(42 U.S.C... 9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C... 6901-
6992k, as amended); the Toxic Substances Control Act (15 U.S.C... 2601-2692, as amended); the
Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, .. 25300-25395, as
amended); the Hazardous Waste Control Law (Health & Safety Code, .. 25100-25250.25, as amended);
the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, . . 25249.5-25249.13, as
amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, .. 25280-
25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common
law.
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to
the property of Contractor which may occur in, on, or about the Project site at any time and in any manner,
excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission
of City or any of its Council members, officers, employees, agents or representatives.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver
by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this
Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the
same or any other provision, nor shall any custom or practice which may arise between the parties in the
administration of any part or provision of this Contract be construed to waive or to lessen the right of City to
insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of
this Contract.
No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The
right of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a
satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not
shift that obligation to the City or relieve Contractor from its obligations to complete the Work in a
satisfactory manner in compliance with the Contract requirements.
Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in
force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire
underwriters or other similar body now or hereafter constituted, with any discretionary license or permit
issued pursuant to any Law of any public agency or official as well as with any provision of all recorded
documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the
Project site, and with all Laws pertaining to nondiscrimination in employment and hazardous materials.
Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before
the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the
Invitation For Bid.
PAGE 2 OF 7
12.
13.
14.
Representations and Warranties. In the supply of any materials and equipment and the rendering of labor
and services during the course and scope of the Project and Work, Contractor represents and warrants:
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials
are required;
Any labor and services rendered and materials and equipment used or employed during the
course and scope of the Project and Work shall be free of defects in workmanship for a period of
one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is
required to be filed, on the date that final payment is made hereunder;
Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed
obtained by Contractor for and in behalf of City.
Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is
true and correct at the time such information is submitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard
to the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For
Bid;
Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon
the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or
Project Manager or any other person who has directly contributed to City’s decision to award the
contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially
affect Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports,
resolutions, certifications, and other written information as may be requested of Contractor by City
from time to time during the term of this Contract;
Contractor and any person performing labor and services under this Project are duly licensed by
the State of California as required by California Business & Professions Code Section 7028, as
amended; and
Contractor has fully examined and inspected the Project site and has full knowledge of the
physical conditions of the Project site.
Assiqnment. This Contract and the performance required hereunder is personal to Contractor, and it shall
not be assigned by Contractor. Any attempted assignment shall be null and void.
Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract
Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by
certified or registered mail within ten (10) Days after the claim arose or within such other time as may be
permitted or required by law, and shall be described in sufficient detail to give adequate notice of the
substance of the claim to City.
PAGE 3 OF 7
15.
16.
17.
18.
Audits by City. During the term of this Contract and for a period of not less than three (3) years after the
expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s
Project-related and Work-related writings and business records, as such terms are defined in California
Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if
Contractor has no such hours, during the regular business hours of City.
Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders,
consents, designations, notices, offers, requests and statements given by either party to the other shall be
in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by
the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a
facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours
of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by
facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without
limitation, service by delivery and service by facsimile transmission.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to:City of Palo Alto
Planning Department/Transportation Division
250 Hamilton Avenue
Palo Alto, CA 94301
Attn: Karen Bengard, Project Manager
To Contractor:
Valentine Corporation
P. O. Box 9337
San Rafael, CA 94912
Attn: Tony Kruse. Chief EstimatorNice President
Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the
Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may
accrue only after such expenditures have been approved in advance in writing in accordance with
applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event
that funds are not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event
that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer
available. This Section 16 shall control in the event of a conflict with any other provision of this Contract.
MiscellaneoUs.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s
bailee, and City is, therefore, not responsible for any damage to the personal property of
Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval
or consent shall be in writing and shall be executed by a person having the express authority to
grant such approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and
Specifications (1992) of this Contract are incorporated herein by reference.
PAGE 4 OF 7
Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
perform its obligations under this Contract which directly results from an Act of God or an act of a
superior governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon
the construction or interpretation of any part of this Contract.
Incorporation of Documents. All documents constituting the Contract documents described in
Section 3 hereof and all documents which may, from time to time, be referred to in any duly
executed amendment hereto are by such reference incorporated in this Contract and shall be
deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the parties consiitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral
or written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties,
unless such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term
or other stipulation in the Contract shall define or otherwise control, establish, or limit the
performance required or permitted or to be required of or permitted by either party. All provisions,
whether covenants or conditions, shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution
or other writing, which authorizes any director, officer or other employee or partner to act for or in
behalf of Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is
void or unenforceable, the provisions of this Contract not so affected shall remain in full force and
effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts
as an independent contractor and not as an agent or employee of City. Contractor shall not be
entitled to any rights and benefits accorded or accruing to the City Council members, officers or
employees of City, and Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall
apply to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the
calculation of time hereunder, the time in which an act is to be performed shall be computed by
excluding the first Day and including the last. If the time in which an act is to be performed falls on
a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall
be extended to the following Business Day.
Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims
arising out of or relating to this Contract by mediation, which, unless the parties agree otherwise,
shall be conducted under the auspices of the Judicial Arbitration and Mediation Service (jAMS),
San Jose, California. The intent of the parties is that the mediation shall proceed in advance of
litigation; however, if any party should commence litigation before the conclusion of mediation,
such litigation, including discovery, shall be stayed pending completion of mediation, and by
executing this Contract the parties stipulate to mediation in accordance with Santa Clara County
Superior Court Local Rule 1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for
the Northern District of California, as such rules may be amended from time to time. The parties
shall share the cost of the mediation, including the mediator’s fee, equally. Any written agreement
reached in mediation shall be enforceable pursuant to California Code of Civil Procedure § 664.6,
as amended.
PAGE 5 OF 7
Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose,
California. In the event that litigation is commenced by any party hereunder, the parties agree that
such action shall be vested exclusively in the state courts of California in the County of Santa
Clara or in the United States District Court for the Northern District of California.
Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil
Procedure § 664.6, as amended, then the prevailing party in any subsequent litigation may recover
its reasonable costs, including attorney’s fees, incurred subsequent to conclusion of the mediation.
Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute
Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase
agreements which it enters into in connection with this Contract, and to require its subcontractors
to include those provisions in any sub-contracts or major material purchase agreements, such that
any mediation or litigation of any claim or dispute asserted by a subcontractor or major material
supplier will be consolidated with any related claim or dispute between the Contractor and the City.
Should the Contractor fail to do so, such that the City is required to defend an action brought by a
subcontractor or material supplier inconsistent with the Alternative Dispute and Venue provisions
of this Contract, Contractor shall indemnify City for City’s costs of defense, including reasonable
attorney’s fees.
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city
of Palo Alto, County of Santa Clara, State of California on the date first stated above.
ATTEST:
APPROVED AS TO FORM:
City Clerk
CITY OF PALO ALTO
By:
Its Mayor
Senior Assistant City Attorney
APPROVED:CONTRACTOR:
Assistant City Manager
Director of Public Works
Director of Administrative Services
Contract Manager (Insurance Review)
By:
Name:
Title:
By:
Name:
Title:
(Compliance with California Corporations Code 313 is
required if the entity on whose behalf this c~ntra~;t is signed is
a corporation. In the alternative, a certified corporate
resolution attesting to the signatory authority of the individuals
signing in their respective capacities is acceptable)
PAGE 6 OF 7
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code . 1189)
STATE OF
COUNTY OF
On before me,
_, a notary public in and for said County, personally appeared
, personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
PAGE 7 OF 7
ATTACHMENT E
EMBARCADERO ROAD PEDESTRIAN/BIKE BRIDGE & BIKE PATH PROJECT
Bid Bid Item |
Item # Description Quantit~ Unit
1 Tempora~ Fence 26501LF
2 Construction Area Signs 1
3 Traffic Control System 1 :LS
4 llnerty Solids Recycling 100 TON
Remove Barbed Wire 580 LF5
6 Remove Fence 750 LF
7 Remove Tree 15
8 Remove Stockpiles (revocable)50 CY
9 Remove Concrete Slab 145 SQ F-q
10 Relocate Roadside Sign 6 EA
11 Replace Chain Link Fence with Access Control Fence I 1,185 LF
12 Adjust Utility Handhole Frame and Cover to Grade f 2 EA
13 Adjust Storm Drain Manhole Frame and Covers to Gra)1 EA
14 Adjust CBIJunction Box Frame and Cover or Grate to ~3 EA
15 Adjust #3 1/2 Utitlity Box to Grade |,1 EA
16 Cleadng and Grubbing !1 LS
17 Roadway Excavation 1 685 CY
18 Structure Excavation (Bridge) (F)63 iCY
!9 iStucture Backfill (Bridge) (F)41 CY
20 Bracing and Shoring !1 LS
21 F n sh ng Roadway I 1 LS
22 Decomposed Granite I 3 CY
23 Class 2 Aggregate Base 735 CY
24 Asphalt Concrete (Type B)405 TON
25 Liquid Asphalt (Prime Coat)!4 TON
26 18" ClDH Concrete Piling w/Driven Temp. Steel Casin~178 LF
27 Structural Concrete (Bridge) (F)!75 CY
28 Furnish Precast Prestressed Trapezoidal Box Girder (1~2 EA
29 Erect Precast Prestressed Trapezoidal Box Girder (101 2 EA
30 Joint Sea! (Type A Modified)|,28 LF
31 Bar Reinforcing Steel (Bridge) (F)I 20,000 LB
32 Minor Concrete (Misc. Construction)
33 Type A1-8 (Modified) Curb
34 Checkerplate Cover
35 Miscellaneous Metal (Bridge) (F)
36 ,Access Control Fence
37 Pedestrian Barrier
38 tChain Link Fence (Type CL-6)
39 18’ PAUSD Security Fence
40 !10’ PAUSD Security Fence
41 16’ Roll Gate
42 Chain Link Gate
43 Removab e Bollard
44 IWodden Boliard
45 Roadside Sign (One Post)
46 Roads de Sign (Fence Mounted)
47 Install Sign (Strap & Saddle Bracket Method)
48 Pant Traffic Stripe
49 Object Marker (Type N*4)
50 B keway Planting
51 tlnterlocking Concrete Pavers
52 2"x6" Redwood Header Board
53 rr gation System
54 Prune Tree
55 Remove rrigation Facility
56 f120-Day Plant Establishment
57 Bikeway Lighting
58 Ra road Relations
59 l Construction Survey Staking
60 IUnderground Utility Potholing
61 Mobilization
dd AIt ~ 18" CIDH Concrete Piling
3 CY
12 FL
7,300 iLB
1,445 LF
40 LF
45 LF
570 LF
49O LF
2 EA
2 EA
5 EA
2 EA
2 EA
6 EA
2 EA
3,160 LF
2 EA
1 iLS
62
I LS
3 E~
1 kS
1 kS
1 /S
1 kS
3O
1 kS
F]
Valentine Corporation
Unit Pdce Amount
$6.00 $16,900.00
$10,000.00 $10,000.00
$4,999.00 $4,999.00
$15.00 Sl,500.00
$3.00 $1,740.00
$11.00 $8,250.00
$600.00 $9,000.00
$10.00 $500.00
$10.00 $1,450.00
$200.00 $1,200.00
$75.00 $88,875.00
$300.00 $600.00
$300.00 $300.00
$500.00 $1,500.00
$100.00 $100.00
$10,000.00 $10,000.00
$75.00 $5!,375.00
$100.00 $6,300.00
$100.00 $4,100.00
$10,000.00 $10,000.00
$2,000.00 $2,000.00
$400,00 $1,200.00
$75.00 $55,125.00
$125.00 $50 625.00
$900.00 $3,600.00
$230.00 $40,940.00
$1,400.00 $105,000.00
$43,000.00 $86,000.00
$16,000.00 $32 000.00
$36.00 $980.00
$I.00 S20,000.00
$900.00 $2,700.00
$80.00 $960.00
$100.00 $100.00
$5.00 $36,500.00
$50.00 $72,250.00
570.00 $2,800.00
$70.00 $3,150.00
$33.00 S18,810.00
$40.00 $19,600.00
$3,300.00 $6,600.00
$1,090.00 $2,180.00
$250.00 $1,250.00
$260.00 $520.00
$200.00 $400.00
$65.00 $390.00
$400.00 $800.00
$2.00 $6,320.00
$130.00 $260.00
$16 000.00 $16,000.00
$40.00 $12,000.00
$5.00 $160.00
$23 000.00 $23,000.00
$500.00 $1,600.00
$2,000.00 $2,000.00
$1,000.00 $1,000.00
$125,000.00 $125 000.00
$20,000.00 $20,000.00
$15,000.00 $15,000.00
$60.00 Sl,800.00
$3,000.00 $3,000.00
$1,021,209.00
Power Engineenng I
Amount
$5,300.00
$9,700.00
$6,100.00
$5,000.00
S580.00 i
$1,500.00
S12,000.00
$2,50O.00
$1,450.00
$720.00
S100,725.00
$400.00
$700.00
$600.00
$500.00
$18,000.00
$17,810.00
$6,300.00
$8,200.00
$5,000.00
$2,500.00
$1,800.00
$34,545.00 f
$52,650.00 I
$2,800.00
$14,240.00
$97 500.00
$94,400.00
$40,000.00
S2,800.00
$20,000.00
$1,500.00
$1,080.00
SI00,00
$73,000.00
$122,825.00
$4,000.00
$4,500.00
S19,950.00
S19.600.00
S8,000.00
$1,600.00
S3,000.00
S1,000.00
$600.00
$2,400.00
$800.00
$3,160.00
S400.00
S27,500.00
S4,500100
6320.00
$20,000.00
S900.00
$1,500.00
S5,000.00
S!80,000.00
$40,000.00
$7,000.00
$6,000.00
$60,000.00
$1,186,555.00
Anderson Pacific
Unit Price Amount
S2.00 S5,300.00
S7,000.00 $7,000.00
S7,000.00 S7,000.00
$70.00 $7,000.00
$1.00 S580.00
S3.00 $2,250.00
51,200.00 518,000.00
S45.00 S2,250.00
S13.00 S1,885.00
S250.00 S1,500.00
S100.00 Sl18,500.00
S700.00 $1,400.00
$1,300.00 S1,300.00
$1,200.00 S3,600.00
$1,300.00 $1,300.00
S10,000.00 $10,000.00
$55.00 $37,675.00
$100.00 S6,300.00
$415.00 $17,015.00
S18 000.00 $18,000.00
S2,000.00 S2,000.00
S500.00 I Sl,500.00
550.00 I S36,750.00
$80.00 $32,400.00
S600.00 S2,400.00
S200.00 S35,600.00
S2,000.00 S150,000.00
S50,000.00 S100,000.00
617 000.00 $34,000.00
$50.00 $1,400.00
$1.00 S20,000.00
S1,000.00 $3,000.00
$90.00 $!,080.00
S1,000.00 $1,000.00
$6.50 $47,450.00
S90.00 $130,050.00
S140.00 S5,600.00
$75.00
I
$3,375.00
625.00 $14,250.00
S30.00 S14,700.00
$2,500.00 S5,000.00
6600.00 $1,200.00
S800.00 S4,000.00
S300.00 S60O.O0
$200.00 S400.00
$100.00 S600.00
$150.00 S300.00
$1.00 S3,160.00
6600.00 $1,200.00
$16,000.00 S16,000.00
S15.00 S4,500.00
S25.00 S800.00
S20,000.00 S20,000.00
S500.00 S1,500.00
S1.500.00 S1.500.00
$1,500.00 S1,500.00
$140,000.00 S140,000.00
$15,000.00 $15,000.00
$17,000.00 S17,000.00
$300.00 S9,000.00
$105,000.00 $105,000.00
81,252,670.00
S1B0.00 $32,040.00
!$1,284,710.00
Base Bid Total!LFw/Non-Driven Temp. Steel q 178
Bid Schedule Total !
$220.00 $39,160.00
$1,060,369.00
Unit Price
$2.00
$9,700.00
$6,100.00
$50.00
$1.00
$2.00
S800,00
S50.00
$10.00
$120.00
S85.00~
S200.00~
$700,00
$200.00
$500.00
$18,000.00
S26.00
$1oo.oo
$2oo.oo
$5,000.00
S2,500.00
S600.00
$47.00
$130.00
$700.00
$80.00
$1,300.00!
$47,200.001
$20,000.00
$100.00
$1.00
$500.00
S90.00
$100.00
$10,00
$85.00
SI00.00
S100.00
S35.00
$40.00
$4,000.00
$800.00
S600.00~
$500.00~
$300.00
$400.00
$400.00
$1.00
$200.00
S27,500.00
$15.00
$10.00
$20,000.00
$300.0O
s!,5o0.ooJ
$5,000.00!
S180,000.00
S40,000.00
$7,000.00
$200.00
S60,000.00
S40.00 S7,120.00
S1,193,675.00
ATTACHMENT F
AMENDMENT NO. THREE TO CONTRACT NO. C4044185
BETWEEN THE CITY OF PALO ALTO AND
HMH, INCORPORATED
This ~men6ment No.Three to Contract No. C4044i85
("Co..c~=c~n~ .... ) is entered into , by_ and between
the CITY OF ?ALO ~O,~-~ a chartered city_ and a municima! ~r~or~ion
of the State of California ("CITY"), and HMH, incorporated, a
California corporation !oca:ed at 1570 Oakland Road, Suite 200, San
Jose, California 95i6!-!5~0 ( ~.~u~.~
RE C I TAL S:
WHEREAS, the Contract was entered into between the
parties for the provision of professiona! consu!tant services for
the design of a bike path from Churchill Avenue to the Southern end
of the Joint Powers Board ~("JPB") parking !or and a pedestrian/bike
bridge over Embarcadero Road; and
the marries wish to amend the Contra~e;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this 9_men,men<, the parties agree:
~_~ 1 ~ new section 6 ~ ~ ent~uled "Supplemental
Basic Services" is hereby added to Section 6 of the contract to
~a as follows:
in consideration of the performance of the
Su~m!ementa! ~--~c Services ’~ ~ in_.me= ....descri~e~
Supplement to =__~._m-~ - Summlementa!
Scope of Basic Services and Time Schedule"
attached as Attachment ! to this ~_men~ment No.
Three, CITY agrees to pay CONSULTANT an
additional fee not to exceed Thirty-Three
Thousand Do!ia<s ($33,000) ~ provisions of
the Contract governing Basic~==v~q .... ~ces shall
SECTION 2. Exhibit "A" --<,~ie@ "Scope of Pronept &
Schedu!~’’ is supplemented by "Suo~!emented Sco~e of ~--’ ~ ’m~mC services
and Time Schedule" attached to this _~_men~ment 3 as Attachment !.
This summ!ement__ to Exhibit "~’":~ ..... i~ -~n addition to, and does not
reD!ace. _Hxhlb-~t ..... "~"_~ .... in the contract.
SXCTTON 3 ~-~ ....~ ~< herein modified, ~ other
’= ~"’~exh!bit and su~eGuentmrovis~ons of the Contract, ±nc±u~:ng any s _
amendments thereto, shall remain in full force and ef{=pc.
//
030501 sdl 0100065
IN WITNESS WHEREOF, the parties have by their duly
auznor!zed" ’reor=~entat~ves executed this ~:men~ment on ~ -~n= date
first above wriZten.
~ity_ Clerk
~ROVED AS TO FORM:
Senior Asst. City Attorney
~P<ROVED:
Assistant City Manager
Mavor
HMH, iNCORPOPSATED
By:
Name:
Title:
By:
Name:
Title:
Taxpayer identification No.
Director of A6ministrative
Cervlces
Director of Public Works
insurance Review
with Corp. Code ~ ~ R is
required if :~.= =~r{~v on whose behalf
this con:racE is ~’:~--d is a cormorarion.
in the alternative, a cerzified corpora<e
A~rachments:
At:achment "’!""suoo,emenre@ Scope Basic Service~ and =~-
Schedule
030501 sdl 0100065
2
CERTIFICATE OF ACI~qOWLEDGMENT
(Civil Code § !189)
STATE OF
On
notary public in and for
, before me, the undersign=~
said County,_persona!±2 .... =~De===c~ -~’
mersonaily known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the w{th{,n ...... instrument, and ac1~now]edaed.__ _ ~ to me that
he!she/they executed the same in his/her/their authorized
caDacitv (ies) ,and ....__ _ ~n~-~ by his/her/their signature(s) on the
_._{nstrument the ~Derson(s), or the entity_ umon_ beha~{.. __ of which =h-~..=
person(s) acted, executed the ins%rumen:.
WITNESS my hand and official seal.
Signature of Notary Public
030501 sdl 0100065
CERTIFICATE OF ACKIqOWLEDGMENT
(Civil Code ~ !189)
~OUN~ OF
)
)
)
On before me, the undersigned, a
notary m~b~ { p ~ n and for County, ......~ iv
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within inst-- -n~ and acknowledge@ to me that
’ ’h in his/her/their authorizedhe/sne/r..ey execu<ed the same
capacity(ies),and ~.a~ by his/ner/~neir signature(s) on the
.~ h " of which the~nstrument the person(s), or the entity upon me..a±~
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
030501 sdl 0100065
ATTACI~MI;NT I
Supplement to Exhibit A - Supplemented Scope of Basic Services and Time Schedule
PROdECT DESCRIPTION
This project includes the design of a bike path that lies just west of the Caltrain roadway tracks and
runs from Churchill Avenue in Palo .~to to the south end of the Joint Powers Board (JPB) parking
lot at the Palo Alto Caltrain Station. The pathway route includes a bridge crossing of Embarcadero
Road and runs through properties belonging to the Palo A_lto Unified School District, Stanford
University, and the Joint Powers Board right-of-way. The scope of services includes construction
services as outlined in the scope of services below.
I.SCOPE OF SERVICES
No CONSTRUCTION PI-L~SE SERVICES
Increase in charge rates for Services During Bidding and Construction
Support Services provided in the scope of services per Amendment 2 to the
Contract dated January 31, 2000. The project was not bid and constructed at
the time anticipated by the schedule included in the Amendment 2. Three
years have gone by since the approval of Amendment 2 and estimated
charges for those services.need to be revised to reflect rate increases.
Increase in charge rates for Construction Support Services as of June 29,
~00~. I-SMI-I Engineers’ current Charge Rate Schedule is effective through
June 28, 2003. The exact changes as of June 29, ~00~ are unknow-n, but shall
not exceed 5 percent.
3.Increased Construction Support Services
Attend the pre-bid meeting and periodic construction meetings. The
budget for this task prdvides for up to 40 hours for a structural
engineer.
Provide additional bridge shop drawing and submittal review that are
required by the project specifications. Review- will consider only
general conformance with the Consultant’s design concept and
general compliance with the contract documents. The budget for this
task provides for up to 80 hours of review time.
Provide additional review of requests for information related to the
bridge structure and alternative requests, up to 20 hours.
Provide additional project site visits and on-site observation of
portions of the bridge construction to review that the work is in
general conformance with the design intent. Such observations will
be conducted only at those times as determined by the structural
desigmer and as coordinated with the City inspector. These portions
of the bridge work include the abutments, girder forms and
reinforcing, verify tendon profile, girder erection, deck forms, deck
reinforcing and deck screed lines, wingwall forms, reinforcing and
joint installation, barrier fabrication and installation, backfill and
miscellaneous finishing. This work does not include full-time
inspection or daily diaries. The budget provides for up to 66 hours.
Engage a geotechnical subconsultant, P arikh Consultants, to provide
observation of the pile driving to review- that the work is in general
conformance ~4th the desig-n intent.
Reimbursables. This item includes an allowance for such expenses as
mileage and reproduction services.
4. Additional Services
Services for the following items will be performed by Consultant when
directed by City. Consultant and City shall negotiate an acceptable scope and
fee to be included in the City’ s written approval.
a.Subsurface water drainage, dewatering facilities and pumping stations
and force mains for storm drainage and sanitaD’ sewer.
b.Uncovering or potholing existing under~ound facilities.
c.Surveying.
d.Soils Testing.
e.Additional meetings or inspection services.
Services for the follo~4ng items are specifically not included in the Scope of
Services. This is not intended to represent a complete list, but is included for
additional clarity.
ao Any selwices related to soil contamination or soil contamination
mitigation.
b.Certifications to any entity as to quality or completeness of construction.
II.DUTIES OF TI-IE CITY
City w,Jll provide the following services, information and reports to the consultant.
A.Copies of al! available plans, exhibits, records, data and information pertinent to the
project.
B.Permission to enter CiD~ property as necessary to perform the services.
C.Assist Consultant in obtaining necessary rights of entry to enable Consultant to enter
punic and private property as needed to perform the services.
D.Pay the cost of all fees, permits and other charges not specifically included in this
Agreement as a Consultant responsibiliD~.
E.Negotiate and obtain easements and right-of-way as required to complete project.
F.Provide construction supervision, inspection, administration and coordination, except
for bridge as provided above.
CItA_RGE RATE AN1) PAYMENT SCI-IEDULES
Payment Schedule
The fee for Supplemented
breakdown below:
Description
Scope of Basic Services shall not exceed $33,0000, as per
EstimatedFees
includin~
Reimbursables
Item A. 1.
Item A.2.
Item A.3.
Item A.4.
Increase in Charge Rates from
January 31, 2000 to June 28, 2003
Increase for Increase in Charge Rates as of
June 29, 2003
-Increased Construction Support Services
-Additional Services
Total
$:,200
$1,000
$23,800
$5.000
$33,000
On June 29. _00:, the Charge Rate Schedule will be subject to an increase not to exceed 5%
to cover wage adjustments for field and office personnel and other costs.
Client shall reimburse Consultant for reimbursable expenses at cost plus ten percent (10%)
for processing. Such reimbursable expenses may include: outside reproduction of plans and
documents, fees advanced to public agencies, insurance premiums for additional insured
endorsements requested by Client, and other costs and expenses incurred at Client’s request.
In addition, Client shall reimburse Consultant for Subconsultants hired by the Consultant at
cost plus ten percent (10%) for processing.
RE~qSED SCHEDLrLE FOR DESIGN & CONSTRUCTION
Advertise for Bids
Bid Opening
Council Award
Pre-Construction Meeting
Contractor’s Notice to Proceed
Projected Construction Completion
March 1 z, _00z
April 15, 2003
May 2003
June _00z
June 2003
Apri! 2004
The timeline for completion of any phase of work may be extended by w~itten
instructions si~med by the CiD~ Manager or his representative.
CHARGE RATE SCHEDULE
JOB 2234-01
Professional & Office
Engineering, Surveying or Planning Manager
Senior Engineer, Surveyor or Planner
.~sociate Engineer, Surveyor or P1armer
Design Engineer
Assistant Engineer, Surveyor or Planner
Junior Engineer, Surveyor or Planner
Senior Engineering Technician
Engineering Technician
Junior Engineering T~hnician
Engineering Aide
Technical Typist
$!40 per hour
$126 per hour
$!14 per hour
$110 per hour
$102 per hour
$ 88 per hour
$102 per hour
$ 88 per hour
$ 72 per hour
$ 50 per hour
$ 50 per hour
Field Services
2-Man Field Crew
2:Man Field Crew with GPS
3-Man Field Crew with Apprentice
3-Man Field Crew with Journeyman
¯ 1-Man Field Crew with Robotic or GPS
Senior Field Engineer
Field Engineer
$195 per hour
$2!0 per hour
$232 per hour
$256 per hour
$130 per hour$114 per hour
$102 per hour
Miscellaneous
Vellum CADD plot $ 3 per plot
Mylar CADD plot $ 12 per plot
Color photo plot $ 52 per plot
Principal is Charged at $168.00 per hour
A 25% Surcharge is Applied to Hourly Rates for Overtime Required to Meet CLient Schedules
Court Testimony is Charged at a Minimum of 8 hours per day
Expert Witness is Charged at Double r_he Hourly Rate.
Transportation at $0,345 per Mile
Effective March 1, 2003; subject to adjustmem after June 28, 2003
Charge Rate increases shall not exceed 5%