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2003-07-14 City Council
TO: FROM: HONORABLE CITY COUNCIL ~ CITY MANAGER DEPARTMENT:PUBLIC WORKS DATE:JULY 14, 2003 CMR:218:03 SUBJECT:APPROVAL OF A BUDGET AMENDMENT ORDINANCE TO COMMIT FUNDS FOR REMAINING REIMBURSABLE GRANT FUNDING IN THE AMOUNT OF $2,556,510; $3,011,500 LOAN FROM THE GENERAL FUND INFRASTRUCTURE RESERVE TO BE REIMBURSED BY GRANT FUNDING; AWARD OF CONSTRUCTION CONTRACT TO ANDERSON PACIFIC ENGINEERING CONSTRUCTION, INC. IN THE AMOUNT OF $3,985,000, SUBJECT TO SIMULTANEOUS APPROVAL OF A DEDUCT CHANGE ORDER TO THE CONSTRUCTION CONTRACT IN THE AMOUNT OF $622,346 FOR ATOTAL CONTRACT AMOUNT OF $3,362,654; APPROVALOF SANTA CLARA VALLEY TRANSPORTATION AUTHORITY 1996 MEASURE B BICYCLE PROGRAM FUND TRANSFER AGREEMENT; AND APPROVAL OF AMENDMENT NO. 2 TO CONTRACT C2134182 WITH NOLTE ASSOCIATES, INC. IN THE AMOUNT OF $133,087 FOR OUTSOURCING ADDITIONAL DESIGN .AND DESIGN AND DESIGN SUPPORT SERVICES DURING CONSTRUCTION FOR THE HOMER AVENUE CALTRAIN UNDERCROSSING PRO~CT, (CAPITAL IMPROVEMENT PROGRAM PROJECT NO. PE01021/10121) RECOMMENDATIONS Staff recommends that Council: 1)Approve a Budget Amendment Ordinance (BAO) in the amount of $2,556,510 for the Homer Avenue Caltrain Undercrossing Project; and a loan in the amount of $3,011,500 from the General Fund Infrastructure Reserve to be reimbursed upon receipt of gant funding (Attachment A); 2)Approve and authorize the City Manager or his desi~maee to execute the attached Santa Clara Valley Transportation Authority 1996 Measure B Bicycle Progam Fund Transfer Ageement allocating Measure B, Tier 1 bicycle project funds in the amount of $1,000,000 to Homer Avenue Caltrain Undercrossing (Attachment C); CMR:218:03 Page 1 of 12 3)Approve and authorize the Mayor to execute the attached contract with Anderson Pacific Engineering Construction, Inc. in the amount of $3,985,000 for construction of the Homer Avenue Caltrain Undercrossing Project (Attachment D), subject to execution of a simultaneous contract change order to deduct certain contract items totaling $622,346 for a total contract amount of $3,362,654 (Attachment F); 4)Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Anderson Pacific Engineering Construction, Inc. for related, additional but unforeseen work which may develop during the construction of the project, the total value of which shall not exceed $400,000; 5)Approve and authorize the Mayor to execute Amendment No. 2 to Contract C2134182 with Nolte Associates, Inc., increasing the contract amount by $133,087 for outsource of additional design and design support during construction (Attachment G) BACKGROUND The purpose of the project is to construct approaches and a new pedestrian/bicycle tunnel under the Caltrain railroad tracks between the intersection of Alma Street and Homer Avenue to the bike path near Urban Lane, just east of the Palo Alto Medical Foundation (PAMF). The Homer Avenue Caltrain Undercrossing project will provide a vital connection for bicyclists and pedestrians to cross under the Caltrain tracks leading travelers to the South of Forest Area and Downtown Palo Alto to the Palo Alto Medical Foundation (PAMF), Sheraton and Westin Hotels and surrounding areas. The proposed structure is 18 feet wide and 70 feet long with a skewed alignment made of precast and cast-in-place concrete. The skewed alignment, with one tunnel portal centered on Homer Avenue and the other on the PAMF landing circle, allows for the most functional pathway connecting the bike route on the east side of Alma Street with the Urban Lane bike path. This path leads to the University Avenue Caltrain Station and the bike path southward over Embarcadero Road to Churchill Avenue currently under construction. Over the past 3 years, Council has taken a number of actions in support of this project. In May 2002, the Council adopted a resolution and authorized the submittal of a grant application for $200,000 in TDA funds with the understanding that the City would commit to make up the then-estimated $1.2 million funding gap for the Homer Undercrossing Project from City funds if other outside and grant funds are not forthcoming. On July 22, 2002, staff presented Council with an update of the funding status and project cost estimates and recormnended that Council approve proceeding with the project (CMR:313:02). The report explained there was a shortfall in the committed grant funding of $700,000 and that CMR:218:03 Page 2 of 12 staff had met with Santa Clara Valley Transportation Authority (VTA) and Metropolitan Transportation Commission (MTC) representatives to identify available sources to make up this deficit. Council directed staff to proceed and continue to seek funding resources. Since that time, an additional $1,000,000 was committed by the VTA, thus reaching the goal to fully fund the project with outside funding up to the engineer’s estimate. The project budget is shown below and includes a $400,000 construction contingency (12% of construction), and costs for design, construction-management, testing and inspection and other costs needed for project completiofi. A 12% construction contingency is needed due to the complexity of constructing the project below ground beneath a 150 year-old railroad. Prqiect Bud.~et Construction $3,400,000 Construction Contingency $ 400,000 Utility and JPB costs $ 605,000 Nolte Design (already allocated)$ 660,000 Nolte Amendment for Construction $ 135,000 Construction Management $ 200.000 Total Estimated Project Budget $5,400,000 On May 19, 2003, Council approved a resolution to file an application for 2003/2004 Transportation Development Act (TDA) funds that included additional funding in the amount of $293,000 for the Homer Avenue Caltrain Undercrossing project (CMR:283:03). Since the project is eligible to compete for funding, it was added to 2003/2004 TDA application as a contingency if the State Transportation Improvement Program (STIP) fund allocation of $293,000 is not available in the near future due to the State budget crisis. Following is a summary of the committed funding sources for this project, totaling $5,431,510: TEA-21 federal funds Congestion Mitigation & Air Quality (CMAQ)*$2,035,510 State Transportation Improvement Program (STIP) matching funds*$ 263,810 Local funds and developer mitigation fees $ 350,680 City Electric Utility Fund (Project 8930)$ 225,000 Transportation Fund for Clean Air (TFCA) program funds $ 324,320 Federal Transportation Enhancements (TEA) program*$502,000 STIP, State matching funds*$ 66,190 Transportation Development Act (TDA) funds from VTA $ 200,000 Transportation for Livable Communities (TLC)*$ 464,000 Measure B Funds, Bicycle Expenditure Program $1,000.000 Total Project Budget $5,431,510 *The combined federal and state matching funds total $3,331,510. CMR:218:03 Page 3 of 12 Of that amount, $320,010 was obligated for design costs and has been invoiced for reimbursement. The remaining $3,011,500 in federal funds can not be obligated at the present time due to a Caltrans over-obligation of federal and state grant funding for Bay Area projects. Staff has secured formal approvals (Advance Construction Authorization) from Caltrans that will allow City to proceed with the project and these funds will be reimbursed at a later date, anticipated to be no later than December 2004. This will require a loan from the General Fund Infrastructure Reserve to the project until reimbursement is received in order to have sufficient funding to award the construction contract. The attached BAO (Attachment A) requests all remaining grant funding be appropriated to the project. See Resource Impact section of this report. DISCUSSION A notice inviting formal bids for the Homer Avenue Caltrain Undercrossing project was issued on April 14, 2003, and sent to 12 builders’ exchanges and 62 general contractors/subcontractors. The bidding period was 51 days to accommodate bid addenda and to comply with federal funding requirements. Also, several contractors bidding the project requested that staff extend the bid period beyond the minimum 30 days to allow more time to refine their bids. Bids were received from three qualified general contractors on June 3, 2003, as listed on the attached bid .summary (Attachment E). Bids ranged from a low of $3,985,000 to a high bid of $4,487,369. Add alternates were not included in the project because the project was on an accelerated time line. Staff expected lower bids due to the current economic climate, as happened with the recently bid Embarcadero Bike Path project which came in 15% below the engineer’s construction estimate. The low bid from Anderson Pacific Engineering Construction, Inc. of Santa Clara (Anderson Pacific) is 30 percent or $900,000 over the engineer’s estimate of $ 3,081,500. The bids were higher due to the added labor costs for three 8 hour shifts during a 24 hour period required for weekend track closures, decorative lighting, decorative railings and colored architecturally treated concrete finishes. In discussions with the low bidder and Nolte Associates (the design consultant), these factors are real costs and probably would not decrease in rebidding. CMR:218:03 Page 4 of 12 Bid Name Summarv of Bid Process Homer Avenue Caltrain Undercrossing Project 360 working days 62 Proposed Len~h of Project gumber of Bids Mailed to Contractors/Subcontractors Number of Bids Mailed to Builder’s ! 2 Exchanges Total Days to Respond to Bid 51 days Pre-Bid Meeting Yes Number of Company Attendees at Pre-Bid t 4 Meeting / "Number of Bids Received:3 Bid Price Range $3,985,000 - $4,487,369 Staff has reviewed all bids submitted and recommends that the low bid of $3,985,000 submitted by Anderson Pacific be accepted and that Anderson Pacific be declared the lowest responsible bidder. Staff believes the bids are competitive, and the second and third lowest bids were relatively close to the low~.st bid by $300,000 and $500,000 respectively. 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. Deduct Change Order Since the low bid was about $900,000 over the engineer’s estimate for construction, staff reevaluated the project budget to determine the construction contract amount that could be awarded while still keeping the project within budget. The amount available for construction is about $3.4 million resulting in a shortfall of about $600,000 be~,een Anderson Pacific’s low bid and the amount available for construction in the project budget. To get the construction cost back in line with the project budget, staff worked with Nolte ¯ Associates to identify opportunities to reduce the construction cost without compromising project architecture and theme. Staff focused on modifying the architectural and art design elements while still maintaining functionality and by using alternative materials. Staff considered changing the construction method and reducing the width of the tunnel, but making these changes would compromise the project safety and cause a major redesign of the project requiring rebidding. Staff identified a list of contract items to be incorporated into a deduct change order in the amount of $622,346 (Attachment F) for omitting and/or modifying items in the construction contract including the following: Page5of12CMR.218.0-~ Remove colored concrete and replace with painted surfaces Item 1 Provide customary concrete flatwork in the stairway and portal areas omitting color, radial sawcuts and metallic gout, Item 2 Omit tunnel wall finish and use cast-in-place concrete finish and colored painted walls, Item 3 Omit art medallions, Item 4 Alternate motor controls for the pump station, Item 5 Eliminate 2 of 6 skylights, Item 6 Eliminate 22 of 45 landscape.tree uplights, Item 7 Omit light emitting diode (LED) lighting delineating sidewalk and bike paths of travel in the tunnel, Item 8 Omit LED lighting on the vertical surfaces adjacent to both tunnel entrances, Item 9 Provide galyanized railings, painted railings, Item 10 Remove one landscape retaining wall at four locations adjacent to both tunnel entrances, Item 11 Remove 32 feet of secant pile retaining walls, Item 12 Total Deduct Change Order ($163,000) ($113,000) ($20,000) ($92,677) ($48,369) ($ 23,300) ($ 30,000) ($ 30,000) ($10,000) ($ 27,000) ($ 45,000) ($ 20,000) ($622,346) Staff consulted with the Caltrans office of Local Assistance to determine if a deduct change order entered into at the time of contract award would jeopardize state or federal funding for the project. Caltrans stated that the deduct change order process followed by the City in this case does not jeopardize state or federal funding. Planning and Community Environment and Community Services staff reviewed the proposed changes and agee that the changes preserve the critical elements of lighting, functionality and the fence monument. The design has a similar effect and is not significantly altering the project requiring no additional design review by the boards and commissions. Planning staff noted that the lighting .was a concern from an aesthetics viewpoint, but keeping most of the skylights and using the decorative light poles was a top priority consistent with the overall lighting concept. Decorative light poles and railings and customary stairways will provide a safe and functional facility and the changes summarized above reduce the cost of the project without compromising the radial design and artistic theme of movement and circulation. With the reduced scope of services, the art components will be deferred. The remaining Art in Public Places elements are equivalent to 2% of the total construction cost exceeding the City’s requirements. Public art totaling $80,000 will include: painted tunnel and landscape walls, embedded semi-circles and recessed wall features for lighting in the tunnel, decorative plaza lighting and decorative rail attachments to match the plaza lighting. The eliminated art elements can be potentially phased into the project should additional funds become available. Those elements include: circular art medallions v ~Page 6 of 12CMR:_IS:0o (inlaid metalwork), radial sawcuts in the concrete filled with metallic grout, LED lighting and tree uplighting. Possible options for additional funding include: 1) any unspent contingency funds at the completion of the project; and/or 2) contributions from the City’s Capital Improvement Project Art in Public Places account subject to the recommendation of the Public Art Commission. Staff will pursue these options during the construction phase. In conclusion, staff recommends Council award the construction contract to Anderson Pacific and simultaneously approve a deduct change order. The proposed deductions do not significantly alter the project and, in fact, could be added back in at a later time. The change order does not sig-nificantlY alter the price, scope and quantity of the bid items to the extent that the project would need to be rebid. Construction Contract Contingency The additional recommended change order amount of $400,000 (which equals 12 percent of the total contract bid amount less the deduct change order) is requested to resolve unforeseen problems and/or conflicts that may arise during the construction period. Due to unknown subsurface soil conditions that may be encountered under the 150-year old railroad tracks, a 12% contingency is requested. Contract Amendment with Nolte Associates. Inc. The amendment to the contract with Nolte Associates, Inc. (Attachment G) will provide for outsourcing design support services during construction and will pay for additional work performed during project desi~a. Desi~ support services during construction include: attending weekly progress meetings with staff and the contractor; bi-monthly site visits and construction observation reports; reviewing inspection reports and submittals; and responding to contractor questions regarding submittals; construction specifications and drawings, design issues and necessary design changes. The total fee for design support services during construction is $68,000. The consultant, Nolte Associates, is responsible for approving submittals and any changes to the design. The project’s aggressive schedule included many public meetings resulting in design changes and additional meetings With the consultant not included in the original design contract. In the effort to provide the 100% design documents by the gant funding deadline, an increase of $58,287 in the budget for the Nolte contract is needed: Additional Architectural Review Board (ARB) Study Session -Additional options for ramps to avoid an oak tree on the Alma Street side of the undercrossing were developed and presented at an unanticipated additional ARB study session. Project Art - Design proposals were presented during an additional Public Art Commission subcommittee meeting prior to the Public Art Commission and the ARB meetings to assist in the final design details, art elements and colors for the project. The architect and artist collaborated and obtained direction on an art theme and selection of the art components before these details were finalized. CMR:218:03 Page 7 of 12 Additional Design Meetings with staff- The project schedule was extended beyond the original completion date of September 2002 because of changes in the landscaping and architectural features and meetings with other agencies, including the PCJPB and fiber optic companies. These changes required additional design work necessary to finalize the construction documents. This resulted in approximately 10 additional design meetings. Fence Monument Relocation - The monument relocation off-site proposed by the design team was different than originally planned. Multiple options were developed and additional work was required to reevaluate the monument on-site as recommended by the Historic Resources Board and approved by the City Counci! at its meeting on December 16, 2002 (CMR:480:02). Bid Support - The consultant assisted the City in responding to bidder’s questions and requests for information and prepared addenda to incorporate questions and additional City comments into the construction documents. A total of $133,087 is needed for the contract amendment with Nolte Associates to provide for additiona! design services during project design, design support services during construction and $6,800 for an additional services allowance. Construction Management Public Works staff has issued Request for Proposals for construction management services in order to supplement staff’s day-to-day oversight of the contractor. Having additional consultant inspectors on-site will ensure staff does not interrupt work on other critical infrastructure projects. The proposed contract and scope of work is included with the Embarcadero Bike Path project, utilizing the same construction management team (CMR:348:03). Schedule Construction will begin toward the end of August 2003, with all major structural work complete by December of this year. Minor structural work, landings, ramps, tunnel treatments; landscaping and intersection improvements will be complete by Au~st 2004. An aggressive project schedule was developed to comply with funding commitment deadlines and to coincide with the Peninsula Corridor Joint Powers Board (PCJPB) double track closures. This coordination results in a substantial project cost savings of at least $500,000. Public Outreach In an effort to keep the community informed about the construction impacts, Staff met with representatives from the Palo Alto Medical Foundation, Westin and Sheraton Hotels and the Palo Alto Housing Corporation to discuss traffic and noise impacts expected during construction. Staff will continue to provide public outreach to these businesses CMR:218:03 Page 8 of 12 and prepare information flyers for the surrounding residents and businesses to inform them of nighttime work and associated impacts. ALTERNATIVES TO STAFF RECOMMENDATION Staff recommends proceeding with the project to allow construction to be#n this summer to take advantage of the Caltrain weekend track closures scheduled to cease early March 2004. Alternatively, Council could cancel the project (Alternative #1) or fund the $600,000 shortfall through use of Infrastructure Reserves (Alternative #2) although staff does not recommend this approach. Proj ect Alternative # 1 -Do Not Proceed With Proi ect and Reject Bids In this scenario, Council would reject bids and construction would not proceed until new funding is identified. In the event this project does not proceed, Palo Alto would lose a total of $3.3 million in TEA-2!, TEA, TLC federal ~ant funds and state STIP funds, and would effectively eliminate Palo Alto from consideration in future federal funding opportunities for the foreseeable future due to the VTA Board of Directors’ "Use-It-or- Lose It" policy. Any project sponsor who loses federal funds will be ineligible for the same amount from the next "guarantee" disbursement of federal ~ant funds. Alternative # 1 - Pros & Cons Pros Minimizes potential financial losses to the City Portions of the design and bid documents could be used in the future Construction methods have been reviewed by the PCJPB and a preferred structural method using secant piles can be used for future reference May be able to use some limited funding for other City projects i.e. TDA and Utility funds could be reprogrammed ICons o Project is delayed indefinitely until over $5 million in funding is committed City expenses to date of $722,000 for design will not be reimbursed o Ability to obtain future federal and state gants would be jeopardized o Inflationary costs of approximately 3% per year will increase the total construction costs Project Alternative #2 - Proceed With Full Project Using Budget Stabilization Reserve Funds In this scenario, the City would need to make up $600,000 shortfall using Budget Stabilization Reserves to implement the full project without a deduct change order. CMR:218:03 Page 9 of 12 Alternative #2 - Pros & Cons PROS ® Funding an additional $600,000 now could be easier than obtaining $5.4 million later if project ceases ®No funding penalties will be imposed e Project is constructed benefiting the City’s transportation system e Al! decorative art and architectural components will be included in the construction contract CONS . Using BSR funds to cover the $600,000 project short fall reduces BSR amount available for other City needs, during these tight economic times If Infrastructure Reserves are used instead of BSR funds to make up the $600,000 budget shortfall other projects in the Infrastructure Management Plan would need to be eliminated or put on hold indefinitely RESOURCE IMPACT The attached BAO requests an increase in revenue and expenditure of $2,556,810 for CIP Project 10121. The funding sources for this project total $5,431,510, of which $2,875,000 has already been included in the CIP budget and an additional $2,556,510 in grant funds which have been secured but are not incorporated into the budget: Funds in Budget Funds Not Currently Budgeted TFCA, Transportation Fund for Clean Air program funds TEA, Federal Transportation Enhancements program STIP, state matching funds for TEA program TDA, Transportation Development Act funds from VTA TLC, Transportation for Livable Communities Measure B Funds, Bicycle Expenditure Program BAO amount & Subtotal Total Estimated Funding $2.875.000 $ 324,320 $ 502,000 $ 66,190 $ 200,000 $ 464,000 $1.000.000 $2.556.510 $5.431.510 The federal and corresponding state matching project funds total $3.3 million. Of that amount, $320,010 was obligated and budgeted for design costs and have been invoiced and reimbursed. The remaining $3 million is expected to become reimbursable in December 2004 and will require a loan from the General Fund Infrastructure Reserve to the project until reimbursement is received in order to have sufficient funding to award the construction contract. The General Fund Infrastructure Reserve has a current balance of approximately $31,019,000. Allocating $3 million to the Homer Avenue Caltrain Undercrossing CIP Project 10121 will reduce that balance to $28,008,200. This is against unfunded projects CMR:218:03 Page 10 of 12 of $70 million. The Infrastructure Reserve will be reimbursed from the federal and state matching gant funding. The opportunity cost of this note receivable will be up to $120,000 in interest that would have accrued in the Infrastructure Reserve depending on when the federal and state funds are made available. POLICY IMPLICATIONS Current Council priorities have established that existing infrastructure projects have priority over new infrastructure projects. This project is not consistent with that policy. This is, however, consistent with including Comprehensive Plan Transportation Policy T- 14: Improve pedestrian and bicycle access to and between local destinations and Progam T-2!; Study projects to depress bikeways and pedestrian wal~vays under Alma Street and Caltrain tracks and implement if feasible. In addition, the Coordinated Area Plan for the SOFA includes two policies related to this facility: Policy T-13: Support the construction of a railroad undercrossing at Homer and Alma, and Policy T-20: Facilitate implementation of the recommendations of the Railroad Crossing Feasibility Study to improve pedestrian access from SOFA and PAMF campus and points west. ENVIRONMENTAL REVIEW On April 8, 2002, the City Council adopted the Mitigated Negative Declaration for the Homer Avenue Caltrain Undercrossing Project, finding that there is no substantial evidence that the project would have a signifcant effect on the environment. This project is subject to the requirements of the National Environmental Policy Act (NEPA) and was approved by Caltrans in August 2002 noting no significant impacts. ATTACHMENTS Attachment A:Budget Amendment Ordinance Attachment B:Budget Amendment Ordinances Impacting the Infrastructure Reserve Fund Reserves Approved-to-Date in 2002-03 Attachment C: Santa Clara Valley Transportation Authority 1996 Measure B Bicycle Progam Fund Transfer Ageement ContractAttachment D: Attachment E: Attachment F: Bid Summary Deduct Change Order Attactunent G" Amendment No}, 2 t~ Contract C21 with Nolte Associates, Inc. PREPARED BY: ~.~ELIZABETH AMES DEPARTMENT HEAD:i S~.F E~~ GLENN S. ROBERTS Director of Public Works CMR:218:03 Page 11 of 12 DEPARTMENT HEAD: CITY MANAGER APPROVAL: EMSLIE Director of Planning and Community Environment Assistant City Manager Pa~_e 12 of 12CMR:_18:0o - ATTACHMENT A ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 2003-04 TO ACCEPT AND EXPEND GRANT FUNDS IN THE TOTAL AMOUNT OF $2,556,510 AND A $3,011,500 LOAN FROM THE GENERAL FUND INFRASTRUCTURE RESERVE TO BE REIMBURSED BY GRANT FUNDING FOR THE CONSTRUCTION OF A BICYCLIST AND PEDESTRIAN ~L UNDER THE CALTRA!N TRACKS CONNECTING THE SOUTH OF FOREST AREA AND DOWNTOWN PALO ALTO TO THE PALO ALTO MEDICAL FOUNDATION (PAMF),SHERATON HOTEL AND S~ROUNDING AREA (CIP 10121,HOMER AVENUE CALTRAIN UNDERCROSSING PROJECT) SECTION I. The City Counci! of the City of Palo Alto finds and determines as fol!ows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 16, 2003 did adopt a budget for fisca! year 2003-04; and B. Council approved the creation of CIP 10121, Homer Avenue Ca!train Undercrossing project for the construction of a bicyclist and pedestrian tunne! under the Caltrain tracks connecting the South of Forest Area and Downtown Palo Alto to the PAMF, Sheraton Hote! and Surrounding Area; and C. The following agencies have awarded the City grants: Transportation’Fund for Clean Air program funds (TFCA), Federal Transportation Enhancements program (TEA), State Matching Funds for TEA program (STIP), Transportation Development Act Funds from VTA (TDA), Transportation for Livable Communities (TLC), and Measure B Funds, Bicycle Expenditure Program, which wil! provide for additiona! expenditures in CIP project 10121; and D. The project grant funding is falling behind the anticipated construction timeline and the City is committed to this project so this loan is being made to this capita! improvement project and wil! .be repaid to the General Fund Infrastructure Reserve as the reimbursable grant funding is received; and E. The City has determined that a !oan amount of $3,0!!,500 from the Genera! Fund Infrastructure Reserve for the Homer Avenue Caltrain Undercrossing Project is needed to make the project feasible and that the Infrastructure Reserve will be reimbursed upon receipt of grant funding; and F. $31,019,700 is available in the General Fund Infrastructure Reserve; and G. The appropriation of funds requested from the General Fund is a one-time cost and no future year ongoing costs are anticipated; and H. City Council authorization is needed to accept and expend the grant receipts and the Genera! Fund Infrastructure Reserve loan; and I. City Council authorization is needed to amend the 2003-04 budget as hereinafter set forth. SECTION 2. Grant revenue in CIP Project Number 10121 is increased by Two Million Five Hundred Fifty-Six Thousand Five Hundred Ten Do!lars ($2,556,510) for receipt of grant funds (see table below): Grant Source TFCA, Transportation Fund for Clean Air Program Funds TEA, Federa! Transportation Enhancements Program STIP, State Matching Funds for TEA Program TDA, Transportation Development Act Funds from VTA TLC, Transportation for Livable Communities Measure B Funds,Bicycle Expenditure Program Grant Amount $ 324,320 $ 502,000 $ $ 200,000 $ 464,000 $1,000,000 $2,556,510 SECTION 3. The sum of Two Million Five Hundred Fifty-Six Thousand Five Hundred Ten Dollars ($2,556,510) is hereby appropriated to CIP 10121. SECTION 4. A note receivable of Three Million Eleven Thousand Five Hundred Dollars ($3,011,500) is thus established on behalf of CIP 10121 within the General Fund Infrastructure Reserve. SECTION 5. This transaction will reduce the General Fund Infrastructure Reserve from $31,019,700 to $28,008,200. SECTION 6. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Counci! is required to adopt this ordinance. SECTION 7. The Council approved a Mitigated Negative Declaration for the Homer Avenue Caltrain Undercrossing Project on April 8, 2002 finding that there is no substantia! evidence that the project would have a significant effect on the environment. This project is subject to the requirements of the National Environmental Policy Act (NEPA) . SECTION 8. As provided in Section 2.04.350 of the Palo Alto Municipa! Code, this ordinance shal! become effective upon adoption. INTRODUCED AI~D PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Senior Asst. City Attorney Director of Services Administrative Director of Public Works Attachment B Budc :et Amendment Ordinances Impacting Infrastructure Reserve Approved-To-Date in 2003-04 Balance Homer Avenue Undercrossing Note Receivable $31,019,700 ($3,011,500) Reserve Balance After BAO’s [ $28,008,200 ATTACHMENT C SANTA CLARA VA_LLEY TRANSP ORTATION AUTHORITY 1996 MEASURE B BICYCLE PROGP~IVI FU~m~D TRANSFER AGREEI~iENT This Cooperative Agreement (Agreement) is made as of ,, 2003, between the Santa Clara Valley Transportation Authority (RZTA) and the City- of Palo _Alto @~lember Agency). This Agreement is made ~-ith 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 %~fA Board of Directors adopted the Santa Clara Count~ide Bicycle Plan on September i0, 2002, which included the Tier i priority- list of bicycle projects. The Tier i bicycle projects ~%ll be funded out of the Bicycle Expenditure Program that was adopted by Me %/~A 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 Countym,ide Bicycle P!an. E.The Santa Clara Count~ Board of Super~dsors approved the Measm’e B Bicycle Program on August 17, 2000. %,~A 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 IvIeasure B Bicycle Program funds. This Agreement specifies the conditions under which VTA ~Jll disburse Measure B Bicycle Program funds to the Member Agency for the Homer Avenue Undercrossing Project. Section 1. Project Description The Member Agency will complete the construction of the Homer Avenue Undercrossing (referred to herein as "Project"). The project is a new bicycle/pedestrian undercrossing of the Caltrain tracks 800 feet south of the Palo Alto Caltrain Station. The project ~¢J~ coimect the South of Forest Area neighborhood to the Caltrain station, the Palo Alto Medical Foundation and points beyond. Section 2. Award of Measure B Bicycle Funds $i,000,000 in Measure B Bicycle Program ~%mds will be pro~dded to the Member Agency for implementation of the Project. Section .9. Minimum Local Match The Member Agency agrees to provide a local match equa! to at least 20% of the total project cost, as sho~-n in Attachment A. The local match shall not include funds from the following sources: b) c) d) Transportation Development Act .~ticle 3 30% set-aside for the Bicycle E:~-p enditure Program Transpo~%ation Fund for Clean Air Program Manager 50% set-aside for the Bicycle Expenditure Program Transportation Equity Act for the 21~: Century Enhancements 2~d Cycle set aside for the Bicycle Ek~penditure Program _Any other funds approved by the VTA Board of Directors as being dedicated to the Bicycle E_-~endi~re Program Section 4. Bicycle Technical Guidelines’ Standards The Member Agency shall ensure that the Project ~dll comply with the standards in the Bicycle Technical Guidelines adopted by the ]~rA Board of Directors in September 1999, unless compliance wouid result in e:~raordinary cost and]or en~onmental impacts. Section 5. Review of Plans The Member Agency shall provide t~vo copies of the 100% design plans of the Project to VTA as soon as they are available. Section 6. Ad_mJnistrative Costs The Member Agency’s allowable administrative 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 eli~ble are reimbursement. The Member Agency shall submit invoices to VTA ~Jth documentation of costs incurred during the invoice period, using the form shown in Attachment B. VTA shall 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. Page 2 of 5 Section 8. Monitoring and Status Reports The Member Agency shall submit yearly-basis financial and implementation status reports to %~A by August i of each year. Each repol% shall itemize the obligation 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 e~ddence pertaining to costs for three years after completion of the Project. The Member Agency shall also allow ?’FA 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 with such audits, ~dthin three years of the date of the final payment to the Member Agency. Section 10. Marketing and Public Relations The Member Agency shall use VTA-approved and Count3- of Santa Clara-approved logo~ and signage for the Project as showm in Attachment C on signs posted at the site of all construction. The iogos shall be used on any printed material intended for public dissemination associated wdth the Project, including but not liraited to brochures, handbooks, schedules, maps, and promotional materials. The Member Agency shall credit the VTA as the ProgTam Manager and the Count3 of Santa Clara as the funding source in any related articles, news releases, or other publicit3- materials that are produced by the Member Agency for the Project. Sections 11. Notices ~ny notice which may be required under this Agreement shall be in w]~iting, shall be effective when received, and shall be given by personal service, by U.S. Postal Ser~dce 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. h~ichael P. Evanhoe Chief Development Official Santa Clara Valley Transportation Authority 2331 North First StTeet San Jose, GA 95124 Glenn Roberts Public Works Director City of Palo _Alto 250 Hamilton Avenue Palo Alto, CA 94303 Page 3 of 5 Section 12. Staff Liaisons Liaison with the Member Agency m4th regard to the day-to-day activities of the Project shall be ~4th Elizabeth Ames. Liaison with the VTA with regard to the day-to-day acti~dties of the Project shall be ~dth Amin Surani. Notification of change of status of contact persons shall be made in ~ting within thirty 30 days. Section 13. Member Agency Liability Neither ~A 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 %~A or the Member Agency under this Cooperative Agreement. Pursuant to Government Code 895.4, IVlember 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 occuning by reason of anything done or ongtted to be done by VTA trader or in connection ~dth any work, atttho~ity or jurisdiction delegated to the Member Agency or VTA under this Gooperative Agreement. Pursuant to Government Gode 895.4, %~A shall fully defend, indemnify, and save harmless the Member Agency from all suits or actions of every name, kind and description brought on for or on account of injury (as defined in Goverrunent Gode 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 ti~s Agreement. Page 4 of 5 Section 15. Additional Terms and Conditions A.The Member _Agency shall ful]y 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 re,Tiring and signed by both 0f the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the pardes hereto. City of Palo Alto (Member Agency) SANTA CLARA VALLEY TRANSPORTATION AUTHORITY Cv~rA) Glenn Roberts, Public Works Director Peter M. Cipolla, General Manager _Approved as to Form:Approved as toForm: Name, City- Counsel Counsel Page 5 of 5 o _attachment B 1996 Measure B Bicycle Pro~am Request for Reimbursement CounDmdde Bike Plan Proj ID#: Agency: Contact: Phone: Project Tit!e: Project Location & limits: Description of Work funded by Measure B: Date: l~equest~. ~" For this period of work start date:end date: Please attach suppm% documentation for this reimbttrsement Tom--] Project _alJocadon im..ount: Less cumulative previous requests: Remaining balance after previous request~ Amount of this request: RemahJng Prqiect Allocation _4mnotmt for futm’e requests: $ To the best of my knowledge, the above information is true and accurate and I have been authorized by the project sponsor to request this disbursement of funds. Title: Date: Agency: Signature %~A approvals: OK Co pay $ Celia Chung, Transportation Planner Biichael P. Evanhoe, Dh’ector ATTACHMENT D FORMAL CONTRACT CONTRACT No. C04145204 (Public Work) Public Works Department SECTION 500 This Contra.ct, number C04145204 dated x is entered into by and betwee.n the City of Palo Alto, a chartered city and a municipal corporation of the State of California ("City"), and Anderson Pacific En.qineerin.q Construction, Inc~ (Contractor). For and in consideration of the covenants, terms, and conditions (*the provisions*) of this Contract, City and Contractor ("the parties") agree: General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows: Title of Project: Homer Avenue Caltrain Undercrossing, Invitation for Bid (IFB) Number 145204. Contract Amount:$ 3,362,654.00 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. This Contract. Invitation for Bid. Change Orders. Project Specifications. Drawings. Bid. Supplementary Conditions. General Conditions. City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (1992). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. ©ther Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (1992). Any other document not expressly mentioned herein which is issued by City or entered into by the parties. Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required 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. 5.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 CITY OF PALO ALTO IFB 145204 PAGE t OF ( rev. 12/00 FORMAL CONTRACT SECTION 500 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 ContractoCs noncompliance with any Law respecting the condition, use, occupation o.r 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. 6o 7° 10. 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. 11.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: a.Any materials and equipment which shall be used during the course and scope of the Project and CITY OF PALO ALTO IFB 145204 PAGE 2 OF ~’ rev. 12/00 FORMAL CONTRACT Work shall be vested in Contractor; SECTION 500 bo C° 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 issuance the Notice of Completion, or, if no such notice is issued 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; 12. 13. 14. fo go 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. Assi.qnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. Audits by Cir. 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. CITY OF PALO ALTO IFB 145204 rev, 12/00 PAGE 3 OF / FORMAL CONTRACT 15. SECTION 500 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 pdvate express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to:City of Palo Alto Public Works Department Engineering Division 250 Hamilton Avenue Palo Alto, CA 94303 Attn: Elizabeth Ames, Project Manager To Contractor:Anderson Pacific Engineering Construction, Inc. 1390 Norman Avenue Santa Clara, CA 95054 16. Attn_: Peter Anderson Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 17 shall control in the event of a conflict with any other provision of this Contract. 17.Miscellaneous. a.Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor. b.Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. c.Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. d.Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. CITY OF PALO rev. 12/00 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. ALTO IFB 145204 PAGE 4 OF / FORMAL CONTRACT SECTION 500 Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in writing and signed by the parties. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 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. 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 CITY OF PALO ALTO IFB 145204 PAGE 5 OF f rev, 12/00 FORMAL CONTRACT SECTION 500 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 df 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 ASTO 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 contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) CITY OF PALO ALTO IFB 145204 rev. 12/00 PAGE6 OFt FORMAL CONTRACT SECTION 500 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COUNTY OF On , before me, _, a notary public in and for said County, personally appeared ........ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) CITY OF PALO ALTO IFB 145204 rev. 12/00 PAGE 7 OF t ATTACHMENT E LU Z 1 x 0 00 cO 000 00 0 0 C~ ATTACHMENT F DEDUCT CHANGE ORDER CITY OF PALO ALTO DEPARTMENT OF PUBLIC WORKS Project Number:PE-01021 Contract Number: CO 414 5 2 0 4 Contractor Name: Anderson Pacific Engineerin~ Construction. Inc. Change Order Number:1 Issuance Date:7/9/2003 Prepared by:Elizabeth Ames Description of Change Order: Reduce the contract amount by $622.346 to omit or modify items in the contract per Anderson Pacific’s letter dated July 3. 2003. Items modified include removal of colored, stained and white concrete and replace with painted vertical surfaces, modify stairway details and eliminate color and texture of flatwork, eliminate microtop finish in vertical runnel walls and install recessed semi circles and light recesses in runnel walls, eliminate art medallions. eliminate 2 of 6 skylights. 22 tree uplights, horizontal and vertical LED lighting, replace stainless steel stair railings with galvanized, painted railing, replace Tesco pump system with a KBL system, eliminate four landscaping walls and 32 feet of secant pile wall system. All work shal! be in accordance with the Proiect specifications. Change in Contract Amount:$ (62_.o46.00) Change in Contract Time: 0 Calendar Days Basis of Change Order Cost: Lump sum (Unit Cost, Lump Sum, or Time and Materials) 2. Contractor shall sign and return to City for City approval signat~re}S. Contr ..gc)tor ~ppr.~al’NgGNX Title: ~~ " Date: 4. Sig-nature required on all Change Orders. City Approval: Title:Division Head 1. Consultant shall sign prior to Contractor and return to City. Indicate N/A if not applicable. Consultant Approval: Title: Date: N/A 3. Signature re~ Chan Title:ect Manager 5. Department Head signature required when any individual C/ainge O~aider i~r~ ex/~eeds $10,000. ,~,q /~’ City Approval)/\_@---/-3 Title: Diregtor of Public Works!°ate:V/i i Summary of Amounts Payable Under Contract Net Effect of Previous Change Orders: This Change Order: Net Effect of all Change Orders: Amount of Original Bid: Net Contract Amount: $0.00 $(622.346.00) $(622.346.00) "0$ o.985.000.0 $ z.z6_.6M.00 Homer Avenue Undercro~sin9 - Co~t Savings Anderson Pacific Engineering Construction, inc. Eli minate Stain in Landscape Walls - Credit from Bay Area Concrete $88,620-* !,15 Eliminate white concrete in Lar~sr_~e Walls - 185 CY x $i30/O/* 1.15 Paint Landscape Walls and anti-graffiti coat - 5,o0o SF × $3!sF * Eliminate white concrete in precast & pint - $50,000 * 1.15 -Paint = 1,978 * $3/SF * 1.15 (10!,913) (27,659) 17~50 (163,000) Eliminate color and tex’rure in flat~ork; eliminate curved riser in stairs; pour stairs in sections; Eli minate stairs between Landscape Walls Eliminate Bomanite paving, and flatwork sawouts and metallic grout - Credit for Ba~ Area Concrete ($1B~,~3 + $i4285 + $i7A00) * LI5 (zS~,B26) - Gray Flatwork - 5,950 SF * $10/5F * 1.!5 - Purchase Forms and Screeds $!/SF * 5,950 SF * 1.15 6,B44 -In~tall Forms & Screeds - $3/5F * 5,950 SF * 1.15 20,527 - Purchase Concrete $.3/SF * 5,950 * !.!5 20,527 -Place Concrete - $3/SF * 5,950 5F * 1.15 20,527 68,425 Gray Stairs with V~rtical Risers 890SF * $72/SF* 1.15 - Purchase Rolld Steel Forms - Purchase Misc. Forms & Shut Offs - Install Forms - $15/SF * 890 5F* 1.15 - Purchase Concrete - $4/5F * 890 5F * 1.!5 - Place Concrete - $20tSF * 890 SF * 1.15 - Strip Forms -$5/SF * 890 SF * 1.!5 - Patch Concrete - $5/SF * 890 SF * 1.!5 20,350 3,000 15,251 4,09~, 20,470 5,118 5,!18 73,40! (113,000) Eliminate Microtop finish on tunnel v~lls; use Cast In Place gray concrte & paint - ~redit for Bay Area Concrete Micra Tap $32,918 * 1.15 - Credit far Shatcrete 22 CY * $277/CY * 1.15 - Cast In Place Wall with Semi Orcles and Light R~cesses 22 CY * $819/CY * 1.15 -Purck.=se O~ Sided For ,rr~ $4/SF * 68(3 SF * t.t5 -install Farms - $6/SF * 680 SF * !.15 -ir_~all Recesses- $!00 * 16 Each * 1.i5 -in~all Semi Orcles - $1_O0 * 16 Each * 1.15 -Purchase (%ncrete - $3/SF ~ 680 SF * !.!5 -Place Concrete - $5/SF * 680 SF * 1.15 -Strip Forms - $2/SF * 680 SF * !.I5 -Patch Concrete - $2/SF * 680 SF * 1.15 (37,855) (7,008) 3 4,650 1,820 1,820 2,330 3~83 1,560 1,560 20,723 - Paint Wall - 1,200 SF * $3/SF * 1.15 Eli~nate Art n~.dalions Bay Area Concrete - $80,589 * 1.15 Use alternate MCC - Credit for Tesco ~122,7~5 "1.!5 - KBL $80,675 * 1 .I 5 (!4!,!45) 92776 (20,000) (92,677) (48,369) Eliminate 2 of 6 Skylights - Credit far 2 Skylights (Royr, lite) $1,982 * 1.15 = - Credit for Concrete Walls 11 CY * $I,661/CY * 1.15 (2,279) (23,300) Eliminate 22 Lolights - Credit for Light Purchase- 22 EA * $695 * 1.!5 - Credit for Labor, Condui~r & Wire - 22 EA * $4£0 * 1,15 (17,583) (12,417) Eliminate Horizontal LED Lighting - Credit for Light Purchase- $15900 "1.!5 - Credit for Labor, Conduit & Wire - $10186 * 1.15 (18,285) (11,7i5) (30,000) Eli rninate Vertical LED Lighting - Credit for Light Purchase - $4,835 "1.15 - Credit far Labor, Conduit & Wire - $3,860 * !.!5 lO Galvanized railing in lieu of stainless steel rail - Credit t:or SS Railing - 577’ * $60/LF *LI5 - Purchase SS Pipe - $ IO/LF * 600 LF * 1.15 - Purchase Misc. SS Components - Shop Fabrication of SS Railing Galvanized Railing - 577’ * $19/LF * L!5 - Purchase Steel Pipe - $2/LF * 600 LF - Shop Fabrication of Railing - Hot Dip Galvanize Railing 11 12 Eliminate one lon~cape wall ~ four locations - Credit for reduced square footage of wall i,~,49 SF ~ $29/SF ~ 1.15 Eliminate 32 lineal feet of Secant Pile ~all - Credit for !2 each Secant Piles x 20’ Deep 12 each * 3 CY * $250/CY * 1.15 - Credit for ,Steel Beams 6 beams * 76LbsiLF * 20’ * $0.20/Lbs. * L!5 - Credit for Shotcrete - 5 CY * $277/CY * 1_15 - Credit for Retainer Concrete 32 LF * $16!/LF* 1.!5 Total, (5,560) (6,9oo) 12,813 (10,350) (IO,OOO) (27,000) (20,000) (62.2,346) ~gUOTE #03-0196 DATE : 0 6-12 = 03 PAGE Phone: 408-2@3-S818 Fax: 408-283-1919 Salinas Phone: 831-422-4786 Fax: 83142/-4846 Monterey Phone: 831-373-4786 Fax: 831-373-8430 Giiroy Phone: 408-847-2222 Fax: 408=847.2324 To: AARON E. ANDERSON PACIFIC ENGINEERING IProj : HC~qER AVE UNDERCROSS~--NG Bid_Date ; 06/11/03 J*LA.M~S Included in Fixture Prices* QUOTING AS SPECIFIED ALL SUBJECT TO APPROVAL (SUBMITTAL FIS!-TI55-H-02-I-HOA08000-AFK000XO- Extd. Price 567.431 128.72( 4~8.~4[ $14753"181 $2205 44 $32.67! $3089.281 4 E2 ~ 1 iE2 [LED PLI24VDCII/3"/W-65 LED SUPPLY LED ALUMINUM CHANNEL 10A ~EGULATED .~OWER ~u ’ ,-7--- 10A REGUIATED POWER I I$4989.40 185.11 278.30 417.02 22.13 374.47 189.79 $370.22 $556.60 $8~4.9k $374.47 $2277.48 i " 22 13 $88.52 ix ~8~.7~ 640. O0 i 1640, O0 See Next Page " QUOTE # 03=0196 DATE: 06-12=03 ~_ PAGE 1659.57 I $31531.83 641.49I $28867.05 I $104571.04 ITerms: Net 30 Days ILead tim~: 3-6 Weeks I Shipment by: 70 Days This quotation is based solely in reliance upon information ~nd specifications provided by the customer. Subject to manufacturer’s published terms and ,~=~ ~ ~mvtials La~ps and other accessories ar~ no~ ~nc-u~e~ mn ~ quo*c.e . unless so noted. Sales tax ~s ~ot ~nc~luded. Pricing ~s based on one sh~pmen , ~_~artia! releases Wil! ~ plus freiuht. - Per: PAUL RAS_~n~ Attn: TP.,AVIS MATHESON 408-691-1007 Phone:408-970-9900 Fax:408-970-9975 ~ ,i Via ’ ’pC ~ ’, $72t 006 SKYLIGHT .~TORMGUARD POLYCARBONATE, APROX, 5’X7’4’ -Note RECTANGLE SIZE NOT TO EXCEED 6’X!)’1 PEP, PLANS & sPECIFICATIONS AS PROV{DEO BY ANDERSON PACIF]C. iNCLUDES TAILGATE JOBSITE DELIVERY. ADD: NON°UNION pREVAILING WAGE INSTAL.LATION $1225,00 SOB TOTAL $4,362,00 DISCOUNT $0.00 SUB TOTAL $4,362,?0 SALES TAX $359,87 FREIGHT $0,00 7SUB TOTAL $4,721.87 ._’i DEPOSIT I $0.00 out ! Quo~edBy: JACK ENGDAHL 06/03/03 09:0? FAX 5106510936 BAY .-~R.EA CONCRETES INC Bay Area Concretes ]Inc. California Licemse No. 242104 4179 Business Center Drive Fremont CA 94538 LQuali~- Since 1966 ’1 Project: Homer Avenue Undercrossing Project - C|P #10121 To: Anderson Pacific Engineering Construction, Inc. Attn: Pete Address: 1390 Norman Ave. city/St/Zip: Santa Clara CA 95054 Category: Gov’t/Municipa!/Public Works Gensral Scope: Interior Tunnel / Exterior ArchitecturN Concrete Surfaces Est. Start Date: T.B.D 001/002 Job No ~ ~ Phn # 510.651.6020 Fax# 510.B51.0936 L~_.catton: Alma @ Homer City/State: Pato Alto Phn # 408.970.9900 Fax # 408.970.9975 Bid dated: 06!03103 Bid Pric~: ~ Type: Lump Sum Est. C~mpletion Date: T.B.D. CA placement, Hand Sc~’ed conl~o~ Jolnu~ o~ ~ ........8re2.s, m~.st~ @ flatwo~ ONLY, ~n~J.a~t~on of a~ro~ 51 ~T~ aggr~ate ~ p~[e F~ ~v~, ~ ~ ~r ~ at a~’ ~n W~s ( ~ ~ by o~ - f~ & ~on by SAC), ~d~ ~P~ ~ ~Y ~t~ ~ ~er~ ~ all a~as, b~ ~ m~ed ~ ~ p~), m~, ~uip~t, ~ s~s & ~ ~ ~ ~ S~n & M~T~ I~ ONLY, ~a£~ of ~n~ T~Gmte s~unds (~ Me~[ f~8~ or pigment of s~l g~) a~ ~ ~u~ ~ ~ a h~ q~ ~e~t ~e ~, Excludes: Epoxy Inject~n, excavation, grading, base rock, trench drains, monument base or concrete footings, Labor Rates @ Ho~lay-Sunday-Night-Over’13me, Stl’UCtUl~t sub-slab construction, retaining wall installation, landscape wall Installation, metal flatwork or riser step components!details, pedestrian traf~ control, permlts, mastic sealant @ walls or vertical surfaces, guarantees against cracking of any type, ART work d~ign-~reation, granite, pracast concrete, sandblasting. Excludes Bond Premiums. Notes: *ARCHITECTURAL CONCRETE IS NOT WATER PROOF. WATER MIGRATION INTO THE CONCRETE SLABS MAYCAUSE SEALER DELAMINATION & CHANGES IN COLORATION OVER TIME - These phenomena are NOT covered by any Bay Area Concretes, Inc. Warrantee. Due/g~e nature of concrete, we cannot warrant against cracking .Bay Aroe~,encretes, !~(. c~uc~r~o #242~0~ Customer please s~gn and return Jun 03, 2003 Signature_ Print I~me Thin.bore v~J, id for 30 da~. ~ bid inchxdes t~o s~.mptes of yore c~oi-c~ for palm ~d co~r(s). E~h s~p~ request ~r ~ be pto~ at a ~um ~ of $75 ~r ~p~ ~b~ ~ 7 ~s u~n completion of ~ s~p~- ~ CU~O~ p~e ~Bid Do~= c~t o£ ~ B~ .&~t A,1, ~ A~~t "~ (~ app~ble). Si~e . . . ~ e5 ~s or c~u~ . ¯ ~mpleuon o~ ~ ~ upos ~e ~ ~ it m~ ~e any x~ ...... =-, - 06/03/03 09:08___FAX 5L065t0936 BAY AREA CONCRETES B~d No ~ Job No ~002/002 IVIP.O2-B4704 F dated: Page No 2 of 2 Aff;achment A. 1 Pro osed Lure Sum/T&M Work: Item No Descrl ~.p..~_~. Lump Sum/Time & Material Price for Item(s) below: Install the specified C1 vertical wall stain & sealer C1 tr_._eatments over white concrete - {wail by others). ~-Install the specified architectural C2 concrete C2 flatwork, & curb walls, & Riser Step & Seatwatl. C3 G1 G2 G3 Customer initial_ 1.0 LS ! 189,903.0~ ~stall the specified C3 Bomanite Granite paving on 1£ LS 14,285.00 unnel Pathway paving, in white cement coloration. --------------~.______------ nstall theG1 architectural flatwork saw cuts and 1.0 LS 17,400.0(: Total $189,903.00 $14,285.00 $17,400.0C $32,918.0~ $80,589.0( metallic grout materials per specification. nstall the G2 Vertical MicroTop and sealer ~pplication on the tunnel wall surface (wall by others). Install the ART medallions in the 51 loc~tions as speci~ed. Art Deskjn by others - BAC requires digita~ art. 1.C LS 32,918.00 1.0 LS i 80,589.00! Lump Sum Subtotal $423,71&0 Item No +/- Footage for ;tem(s~ below: EsL Fe~-~ge U.M. UnLL Frice __Total Est. Unit Price Subtotal Bid Total Lz_~2_~715.00 ZUH-~o~08~ B~: 1~ FROM:~NDERSON P~CTFiC 8~I~75876~ Tesco Controls, Inc. P.O. Box 239012 3434 52nd. Avenue Sacramento, CA 95823-9012 Voice (916) 395-8800 Fax (916) 429-2817 sthomas@tescocontrols, corn TO: Bidding Co~actors ATTN: Estimator JOB NAME: Homer Avenue Undcrcross~ng BE) DATE: 3une 3, 2003 @ 3:00 P_M. T]3SCO QUOT~ NO.: 03F013QO1 De2¢ Sir, We are pleased to quote the ibllow, kug"Scope of Work" pertain~g to the above- mentioned project.- I! uds: Teseo 24-000 ~elomre as speeifisd ~TUN-~T-B@@3 83:IPR FROM:F~NDERSON PACIFIC 83!4TS@T6~TO:F~NDERSON PRCiFIC P:B~ JOB N.AM~: Homer Avenue Undercrossing BI]D DATE: June 3, 2003 @ 3:00 P.M. ~SCO QVOTE NO.: 03F013Q01 3 1 + Photo Diode PElf),, 4 2 Float Switches (LSLL.., LSI-~ --5 i Ultrasonic Level Tran.~ducer (LE~LIT) 6 Lot Spare Parts to include: ~ Two(2)-float switches ~ Uttrasonb leveI transducer + Pump St!~on ¢omroll~.I - Opumor m~erfaze (Oil-) Lot Tesco SetMces to incltide: ~ Submittals ~ PL¢ Application Programming[~Start-up ~Training Total cost for items #1 thru # 7 Includ" ,m~, Tax F~I ~re+ght Allowed $ 122,735.00 TERMS SUBMII~AL: 4-6 we~.ks after receipt of purchase orderDELIVERY: 8-10 wee~ a~ receipt of amoroved submittals. ADDElqDIJMS A,~.s~V~EDGEI). I, i,-3, 4, 5 TQUOTATION ~ FOR 3~0 D~AYS .UlJL. ES$0. ,TtfE, R~_ _r!S.Eesco price will be to furnish only, ana aoes not mc/ua~ ¢on~lulr., wire: unistrut or ~nstallation. TBSCO ~rlze is POB faztory, full freight allovced. Terms: Net 30 d~rys o~ aplm~.y~d or.edit, a~zgunts. Int=r~-t ~w~,ll be avptied on M.I past due mvolceS..All merchandise sold is ~subiect to lien laws. Final ~tention to be paid wkbJn 10 drays after the proj~t notice of oomplefion tfwe can be of any further assistance: pteas~ zonmc~ us. Shin Thom~ Estimalor 06/12/03 12:IT ~’15108871!53 KRUG-BliuBY-LONG KRUO-BIX_BY-LONG ASSOCIATES ELECTRICAL * CON-fP, OLS * rNSTRUMENTATION 269.69 RESEARCH ROAD 510-S87-I 117 I-[AYWA.RD, CA. 94545 FAX/5t0-887-1153 -.’-** .~_NDERSON PACIFIC ~ 001/003 OUOTAT!ON TO ANDERSON PACLrlC QUOTE ~’03 ] 04Q DATE 6/12/2003 PAGE l OF 3ATTN: PETE ANDERSON FAX: CO: AARON FAX: 831-475-0762 JOB NAlv[E HOMER AVE. Uq,,rDERCROSS]NG ~]N(}NgERS ALLIANCE ENGll’4EEPdNG CONSULTANTS BIDS DUE 611212003 ARCH!VECTS rrE~~U~T~rV ~m’ m~cr ,, LOT LOT TERMS: 30 DAYS NET, F.O.B, FACTORY DESCPdPTION PROPOSE TO FURN’ISH THE FOLLOW’LNO £QU~’MENT BASED ONTHE APPLIC,.e~BLE PORTIONS OF SPECIFICATION SECTIONS: 10-3 ,% 1(’)-4 ADDb~DA N©]"SD: NONE ~UI~ CONTROl, CABNET N3R PAINTED l~Cf! GREEN COM2LETE TOP & BACK MOUNTKD SUNSI4ADE S~7-= AS SHOWN (NO EXCEPTIONS SERVICE PANEL CO~gLETE ¯~_NCLOSURE WILL NOT BE TESCO (.~_.SCO WILL NOT BE ABLE TO BUILD PER TH~ DRAWINGS) WE WILL USE ~ S~ DESIC~N Wt;; HAVE PROVIDED , FOR R.EDWOOD SHOR.ES PUMP CONTROL P,~rELS LF.L,TRASONIC LEVEL S~qSOR FLOAT SWITC[~]]~S INTERCOh-NECT[ON DP~AWINGS FOR ALL EEl.. PRODDED EQb~NT O~Y SEISMIC C~C~I]ONS FOR ~L PRO~ED EQ~ ~CU~N’fA~ON, S~.~S, 0 ~N-DAYS FOR ST,~TUP, ’[’~LS’I"INC- & CALm~T{ON ADDTRON~ T~ W~L BE C~G~ @ Sg0.00 PER HOLN PORT~ TO ?ORT,~ lv~MUM SEE PAGE 2 DKAW,rNOS: .%0 DAYS A.~R RE~E~--q OF O~ER wFr~ uot~,u£~ ~TO~V~TION. QUOTATION E~ 30 DAYS ~OM ABO%~ DA~. S~’SNO~kM’I-2C~ ~ CLEPdC~ E~RORS Sb~CT TO CD~ECTION. 22dlg ~uoTATION AND ANY 12:17 ~15108871150 KRUG-BII[BY-LONG ~ ANDERSON PACIFIC ~002/003 KBL KRUG-BIXBY-LONG ASSOCIATES, ELECT~CAL " CONTROLS ~ INSTRUMENTATION DESCRIPTION SOFI~NA]~ & PROORA.~G CONTTN’UED FR.OM PK.E.VIOU S PAGE P.E. CELL ( LNS’I’AJ,I~TION IS FBO) TOTAL pRICE INCLUDI.N G SAL£S TAX_ SPARK PARTS ’FLOAT SWTF. CHES U-LTRASON]C LEVEL CONqTiOL ~=LER PUMP CO.~OLLER (PLC) OP£P.4TOR ]hrFERFACE PANEL TOTALPR~CE LNCLUDENG SALES Y.%J~ FOR SPAR~S GR_A.ND TOTAL ALL ABOVE OPTIONS ]. DELETE TOP SD’NS}L!DE 2, DELETE BAC}IS[D£ SUNSHADE 3. R_EDUCE WIDTH FOR ~ SERVICE PANEL PAGE 3 ~7,470.00 $80,675.00 ($60o.00) +÷+ A.N~DERS0N PACIFIC ~003/00S 06112/05 12:17 KRUG-BIXBY-LONG KBL ITF_.M QUANTITY KRUG-BIXBY-LONG ASSOCIATES ~L~Cq’RICAL * CONTROLS * INSTRUMENTATION C ONqqNUF-D ~OM PREVIOUS PAGE O31 c~Q PAGE D.~CR.IPTION -,.----...-..--- STANDARD NOTF-£ & CLARIFICATION~,~. 1. INSTALLATION EXCLUDED. UNLESS SPECIFICALLY NOTED ABOVE 2.PROVIDING CONDUIT, WIRE, CABLE, MOUNWING HARDWARE, STANCHIONS, MOUNTING BRACKETS, SUNSHIELDS, FLOWMETER SPOOL PIECES. PROCESS TUBING EXTERIOR TO ENCLOSURES, ETC. AR.g. EXCLUDED UNL,~LgS SPECItalCA.L.LY NOTED ABOVE 3.ERRORS & OMISSIONS IN THE SPECIFICATIONS & ON THE DRAWINGS INCURRING ADDITIONAL COSTS WILL BE CHARGED ON A TiME & MATER1AL BASIS NET PRICE 4. LOCAL CONTROl. STATIONS & DISCONNECT SW1TCt leg EXCLUDED UNLF_..£S SPECIFICALLY NOTED ABOVE ’L5. MOTOR STARTERS NOT INSTALLED IN A CONTROL PANE ARE EXCLUDED UNLESS SPECIFICALLY NO’lED ABOVE 6. WELDOL~TS & ~ HRE,~DOLETS EXCLUDmD 7,NETA TESTING, SHORT CIRCUIT COORDINATION STUDY, HARMONICS CALCULATIONS & HARM()NICS FIELD TI::_.STING ARE EXCLUDED UNLESS SPECIFICALLY NOTED ABOVE 8. INSTRUMENT iSOLATION VALVES ARE EXCLUDI~D UNrb=~SS NOTED ABOVE SPECIAL PROJECT NOTF~q & CLARIFICATIONS ¯ ONLY ITEMS LISTED ABOVE ARE INCLUDED 1N THIS QUOTATION, cobrraAcroR aEOUESTS gO[< ADDITIONS OR DELETIONS TO ABOVE BILL OF MATERIAL WILL REQUIRE ILEVlSIONS TO OUR SCOPE LETTER CONDUIT iNSIDE "ffHE PUMP PANEL 1S BY THE CONq~.ACTOR END ATTACHMENT G an== )_men~ment No Two t~Contract No. C2i34i82 < ~n~--=ct’’) is entered into , by. and ~=~’~==~ the CITY OF PALO ALTO, a CITY and a municima! corporation of the State of California ("CITY"), and NOLTE ASSOCIATES,INC., a Ca±iforn~a CorporaZion, ±oca~e~ at ! North ~_sc~ Street, Suite ~_,~ San_.Jose,CA 90±~?-~_ _ i0 ("CONSULTANT")¯ ,~ ~ C ± T A L S: ~nLKL~=S, on ouiv 23,~00!, the oart{e~ entered into a contract for the provision of orofessiona! CONSULTANT services ’_ ....e~:-percent (15%) desLmn m~=s~ documenzs for the~O T~--~- WHEREAS, on February 26, 2002, the =:=< entered into an amendment =~= ~ ~-~=n- No I to Contr~e C2i34182 ~-÷**~=-n the City of Pa!o ~ and No!te Associates, inc. for Consulting Services (,,~:men~ment_i") to ex~=nd -’~ ....~ for the HomerCONSULTANT’s scope of proress~ona!’no of~-~inb==~._~. Undercross~nm Project by_ addi..~ :Dremarat:°n =~v~ronmenra!, righ:-of-wav, preliminary anci final design and construction documents as described therein, to increase the ’"._~SOU--&V Taratotal compensation allowed an@ to revise t~=~ schedule; and WHEREAS, CiTY desires CONSumTANT to design ~=~< and attend additional design and construction documents == further described Exhibit "A", Task A and to provide construction during the construction phase of the. project as ~ur~her described in Exhibit "a ....._ , =ask B, co this amendment; and wu=~ma¢:ne desire ~o zurz~=~ =m=~,,~ ~= Contract to expand CONSULTANT’s scope of work, increase the total compensation al!owed and revise ~he hourly rate schedule. NOW, :~_mR= ~_ O~, i n c~n ~-: de,~at ion of the covenants, terms, conditions, .and provisions of this ~<men~men<, ~.~:e agree: <=CT<O~,~ i ~= second of the introductory clauses of the Contract is amended to read as 030627 sdl 0100084 - "This Contract shall be con~monly known as the Design Contract for the Homer Avenue Ca!train Undercrossing Project (the "),_he ~- ’ect is ge~e-<a~ ] v¯~~ro] ..... bounded by the intersection of Homer Avenue/Alma Street and Urban Lane and wil! consist of e nvi r o_n_ment a i, right-of-way, preliminary and final design and construction services." SECTION 2. The first sentence of Section 5.2.1 of the Contract ~ bet=by amended to read as follows: "!n consideration of <Re full performance of <=~m~u~able ewoen~e~ CITY wi!! nay CONSULTANT a fee not to exceed Seven Hundred Seventeen Thousand and Thirty Eight Dollars ($717,038.00) ." fo1~ ~--- SECTION 3.Section 5.2.2 is amended to read as ,,mh--for:~._~ amount of compensation Additional Services shall not exceed Seven:y One Thousand Seven Hundred Four Dollars ,.." _ __ : .(S7!,704 00)~e ~u~i oav:-nent of for Additiona~Services in ~_= execution of ~,= ....w~ be made, ~:<ovided such request for oav~enu is =ucnorm=e@, writing,by the project manager¯ wi!l be made within Zhirty (30) days submission by CONSULTANT of a statement, in tri D] { ~ate, of itemized costs covering such work orcn=nmes~ -~ , or bozh.Prior to commencing Additional Services,the will agree upon an estimated maximum cost for such Addi:ionai Services.CONSULTANT wi!~_ not be ~-s==@ ~ ~ for exzra Additional Services, which is made necessary on account of CONSULTANT’ s errors, omissions,or oversights.An employee’ s time will be computed at a multiple o~ 2.!4 eimes e<ne ~ " y-=’oersonne!_ ~-- -e~oiov~ s direct _exD described below. The rates schedule may be uodated by CONSULTANT only once each calendar year, and the==~_~=--==- schedule will no= become effective for purposes of this .... m~[,~emT ~?~m givesConEract, um ess and unEAi ~,~ .... C;~:s t~i rt~i (30) davs or!or Wri Zrmn notice 030627 sd] 0100084 2 of the effective date of any revised rates Total compensation for both basic and additional services wil! not exceed Seven Hundred Eighty Eight Thousand Seven Hundred Forty Two Dollars ($788,742.00)." SECTION 4. Exhibit "A" of the Contract is amended by adding the services listed {n Exhibit "A" of <his ~men6ment to ._~xh~m=~ = of the Contractrue services set forth in ~’~ ~= "~"¯ ~.~OZc:~C~(a~~ECTiON 5 Exhibit S" of the C ~~ +~ amended by Exhibit "B" to 9~men~ment No. One) is amended by adding Exhibit ,,’~ -- : entitled "No~t=D-i", attached and made a par~n=ro:, Associates, inc. Hourly Charge ....s Schedule e==eczzve 2003 throuch ~’" ~ ~-=_~g~s~ !, 900~" SECTION 6. nrovisions of the subsemuen~ amen~menEs ellec~. ~ --~’ --S all other Contract, including any --~a~ ~.~ ~ and shall remain in fu!! force and // // / / // // // / / // // // // // // // 030627 sdl 0100084 3 iN WITNESS WHEREOF, the par<ies have by zheir du!y rEpresEntativEs =.._~d nhi ~<mEn~mEnt on the date first above wristen. CiTY OF PALO ALTO Cizy ClErk APPROVED AS T© City AttornEy Di<eczor of ?ubiic Works insurance Revj.ew Name : <.=xsave~ iden:ifi~-~’~n No ~ -~,- ¯~ t~,:~ ~n~i~y on whose beh~if =h~.~ c.~ntr~cZ i,~ =~cned i~ a ccrpor~.=ion. is EXH~ BIT "A" : EvHIB!T "D ~": Additional Deslgn ~nd Design Supporn Services During Construction Scope of Work No!ZE As~ocianes, inc. Hourly Charge ~-~= er:ec:ive July !, nhrough ~~ ~- --" CERTIFICATE OF ACKNOWLEDGemENT (Civil Code @ i,!.89) On ~. ~,~% , H, before me, :he undersigned,N~.=.~ Pub!~.c ~n and .for said Coun=y and State, oersona!iv ~ to be the person(~) whose name(~ subscribed to <h~ wiuhin instrument and acknowledged zo me that executed :he same in hisih~</t>a{r authorized capacity(~), and :ha: by his/~ signa~ure(~ on the instrument uhe person~, or the encity upon behalf of which the acued, execuLed :he instrument. WITNESS my hand £nd official seal. Si~natu:a of Notary Public CERTi~!CATE OF ACKNO~’LED~T (Civi! Code ~< 1189) Notary Pub!ic in and for .said Caunzy and Szate, personally appeared "~%~~. ,~~ , personally ~~ to be the person(~] whose name(~) isi~ ~zbscribed to the w~.thin instrument and acknowledged to me zhat executed <he same in hisi~au~horized capscity(~), and =ha= by his/’l~r signazure(~ on =he instrument the mersen~), or =he entity upon meha!f ef which the person~ acted, executed Zhe instrumenz. ;~ITNESS my hand and offic£al seal Signa~ure of Notary Public EXHIBIT A CITY OF PALO ALTO HOMER AVENUE CALTRAIN UNDERCROSSING PROJECT Additional Design and Design Support Services During Construction Scope of Work Proj ect Approach The amendment No. 2 for Consultant Services with Nolte Associates, Inc. CNolte) includes additional design, bid support during design and design support services during construction necessary to complete the project. Task A Additional Design Phase Services, totaling $58,287 Task B Design Support Services during the Construction Phase, totaling $68,000 A description of each task is provided below. Task A: Additional Design Phase Services 1. ARB Study Sessions - After attending an ARB study session meeting, an issue related to tree removals surfaced. The City Arborist determined that certain Oak trees were in conflict with the Alma ramping where protected species could not be removed. Additional options developed for ramps to avoid an oak tree on the Alma Street side were developed and presented to the ARB. A second ARB study session was needed to discuss the ramifications of revising the ramp layout. Substantial information was exchanged at these meetings including evaluating ramp layout to minimize tree impacts. Total fee is $8,000. 2.Project Art - Finalizing the design details, art elements and colors for the project involved closely coordinated work that the artist, Patricia Dreher has been doing with the project architect. She has spent more time and effort than anticipated. Total fee is $5,000. 3.Additional Design Meetings - The scope originally had fourteen (14) design meetings. Ten (10) additional design meetings with staff were necessary due to an extended project schedule beyond the original completion date caused by changes in the lighting design, landscaping, architectural features and meetings with other agencies including the PCJPB and fiber optic companies requiring additional design work necessary to finalize the construction documents. Total fee is $4,228. Page 1 of 2 Homer Avenue Caltrain Undercrossing Additional Design and Design Support Services During Construction Additional Design for Fence Monument Relocation- At the 30% design, Nolte was directed to design the project without the fence monument in the project area. It was assumed that the relocation of the monument would be outside the project limits. Since the design team was redirected to relocate the monument to the base of the Alma side stairs (middle of the project) and provide up-lighting to the monument. In between, multiple schemes of where to place the monument and how to support the monument were developed to allow the City to reach a decision. Additional details were required for completion of final design. Multiple options were developed and presented to the City prior to the final decision. Total fee is $20,000. Completion of the final plans - The original schedule for this project assumed completion of the final plans, specifications and estimate (PS&E) in mid-August, 2002. The current schedule will require design and review efforts through April 2003. In large part, this additional time has been due to finalizing the construction documents and incorporating all the required details. Continued coordination with subconsultants and resolution of final PS&E items during the fall, winter and spring continued. Total fee is $2,459. Bid Support - The Nolte design team assisted the City during the construction bidding period by responding to technical questions relative to the plans, specialprovisions and quantity estimates, participated in the pre- bid conference and prepared two major addendums. Total fee is $18,600. Task B: Design Support Services During Construction Under the City’s direction, Nolte and its project team shall provide design support services for approximately twelve months. Support services include attendance of the pre-construction meeting, weekly progress meetings, construction observation, reviewing reports, responding to requests for information (RFI)’s, review of schedules and submittals and issuance of design bulletins for the purpose of providing the Contractor with information relating to clarification, documentation of field changes, detail changes and change orders. Also, Nolte will attend the final inspection, review contract completion ~unchlist) items and provide the City with one mylar reproducible of the As-Built record drawings. Total fee is $68,000. Page 2 of 2 EXHIBIT D:I NOLTE ASSOCZATES, TnC. HOURLY CHARGE RATF-S. SCHEDU_LE OFFICE:TECHNICAL SERVICES Engineering AidctPianning Aide Pr~eet Assistant CADD Teehnicia~ I CADD Tcchnicima II C.~DD Technici~m KI Senior CADD Teehrticiar~Designer DesiLm Supervisor $4t0 $58 to $ 82 to $ 55 $8i $ 99 $105 $!10 $130 PROFESSIONAL Junior En~ne er/Plarmer/Sur~,eyor Assistant Ez~teer/Plarmer/Surveyor Associate Engine ~/P1 armcr/Survey or Senior Enginee r/Plarmer/Survcyor Manager Associate Principal $68 to $74 to $ 92 ~o $!01 to $123 to $135 to $145 to $ 92 $!08 $126 $135 $143 $!62 $199 CONSTRUCTION MANAGEMENT Assistant Resident Engineer Resident En!,6neer Senior Resider Enume~ Co~cfion Manager $85 to $ 92 zo $t02 rz $123 to $95 $112 $132 SURVEYING !-Person Survey Crew 2-Person Survey Crew 3-Person Survey Crew $ 79 to $I50 u) $185 to $111 S207 $261 EXPENSES: Plotting and N-house Reproduction Subsistence Other Expenses-Includlng Sub-Comulmn~s And Purchased Serv’ioes through Subcontracts Mileage - Outside loca! area 1.25 x Cost 1.25 x Cost 1,I0 x Cost $0.37/mile Rates are effective through Augu~ 1, 200g. If contract assignment a~tends beyond that date, ~he ~ity and Consultant shMl negotiate in good fa#h a ~ew race schedMe for an), sem,ica~ to b~ provided after August 1, 20fl~. Litigation support will be billed at $250, OO per hour. Ove~q~ead and Profit F~e Rares: Salad, Overhead to Direct ~enegal ~d A~ini.¢~agve ~arh~ ~ Dir~ Labor Comb~ed Tota[.garkup tO ~ire~ ~or 43.1% 70.0% 3,06