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HomeMy WebLinkAboutStaff Report 3827City of Palo Alto (ID # 3827) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/17/2013 City of Palo Alto Page 1 Summary Title: Award of Contract for Import of Soil for Golf Course and JPA Projects Title: Approval of a Contract with Don Tucker & Son for Payment of $2.50 or $3.00 Per Cubic Yard to the City of Palo Alto for the Supply and Stockpiling of Imported Soil for Future Use on the Palo Alto Municipal Golf Course Renovation Project and the San Francisquito Creek Joint Powers Authority's Flood Reduction Project From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council authorize the City Manager or his designee to execute the attached contract with Don Tucker & Son (Attachment A) for payment of $2.50 or $3.00 per cubic yard to be paid to the City of Palo Alto for the supply and stockpiling of imported soil for future use on the Palo Alto Municipal Golf Course Renovation Project and the San Francisquito Creek Joint Powers Authority’s (JPA) Flood Reduction Project. Based upon the estimated quantity of soil to be imported and the expected soil borrow sites, the contract will result in payments to the City of up to $1,328,500. Background Staff from the Public Works and Community Services Departments are working cooperatively on the design of the Palo Alto Municipal Golf Course Renovation Project, Capital Improvement Program Project PG-13003. The project will reconfigure all 18 holes of the Golf Course, a portion of the driving range and practice facility, and replace an outlying restroom facility, while retaining a regulation golf course with a par of 71. The reconfigured Golf Course will be City of Palo Alto Page 2 designed to emulate the natural Baylands environment, reduce the area of managed and irrigated turf, and introduce areas of native grassland and wetland habitat. Imported soil will be used to raise the grade of the Golf Course between three and twenty feet in order to elevate the new turf and plantings above the existing low-lying, high-saline soil and to create a more diverse and interesting topography on the Golf Course. The current grading plan for the renovated Golf Course will require over 364,000 cubic yards of imported soil. The JPA is finalizing its plans for flood control improvements along San Francisquito Creek downstream of Highway 101. The proposed improvements include the construction of new floodwalls and earthen levees along the edges of a widened creek channel. Imported soil will be needed to construct the new earthen flood control levees along the edge of the widened creek channel in Palo Alto and to raise the existing levees in East Palo Alto. The JPA’s flood control project will require the importation of over 127,000 cubic yards of soil. Discussion Staff and the design consultants for the two capital projects developed a strategy to lower construction costs and reduce construction duration by importing the required soil material prior to the start of construction of either project at a stockpiling site on the Golf Course. Based on costs typically incurred by contractors looking to dispose of excess soil from excavation sites throughout the South Bay, the strategy assumed that the City could generate revenue by providing a convenient soil stockpiling site for contractors to utilize. The proposed stockpiling strategy was reviewed by the Finance Committee on April 16, 2013 (Staff Report #3693). The Finance Committee recommended that the City Manager proceed with the issuance of a Request for Proposals (RFP) seeking revenue for imported soil. An RFP for the importation and stockpiling of clean soil was sent to prospective contractors and soils brokers and posted on the City web site on May 9, 2013. The following table summarizes the results of the RFP solicitation: Summary of Solicitation Process City of Palo Alto Page 3 Proposal Description/Number Palo Alto Municipal Golf Course Soil Importation and Stockpiling Project Number of Proposals Mailed 7 Total Working Days to Respond to Proposal 14 Working Days Number of Proposals Received 6 Company Name Location (City, State) Selected for Oral Interview? 1. Don Tucker & Son Gilroy, CA Yes 2. Dirt Market/Tucker Engineering San Jose, CA Yes 3. TSA Joint Venture East Palo Alto, CA Yes 4. Goodfellow Top Grade Construction Livermore, CA No 5. Disposal Management Services San Jose, CA No 6. Pacific States Environmental Contractors Dublin, CA No Range of Proposal Amounts Submitted Payment to City of $0 to $4.80 per cubic yard of imported soil An evaluation committee consisting of representatives from Public Works Engineering Services, Community Services, and the City’s golf course architect reviewed the proposals. Three firms were invited to participate in oral interviews on May 31, 2013. The committee carefully reviewed each firm’s qualifications and proposal in response to the criteria identified in the RFP. The committee reviewed each firm’s qualifications relative to its experience in coordinating and executing the importation of soil, the completeness and responsiveness of its proposal relative to the project requirements, its demonstrated ability to provide the requested volume of soil within the time specified, its financial stability and size of equipment/truck inventory, and the price offered to the City for each cubic yard of imported soil to be delivered to the Golf Course stockpile site. Don Tucker & Son was selected to perform the work because of their strong commitment to provide soil meeting the project specifications (including screening of the material prior to importation as needed), the large number of projects and associated soil volume under contract in the vicinity of Palo Alto, their perceived dependability City of Palo Alto Page 4 based on the longevity of their relationship with their team of contractor and trucking resources, and the amount of money that they are willing to pay the City for the right to dispose of their excess soil ($2.50 or $3.00 per cubic yard depending on source). In accordance with terms of the attached contract, Don Tucker & Son will secure, transport, and stockpile 491,400 cubic yards of select soil to designated areas on the Golf Course prior to June 1, 2014. Since the soil requirements for the Golf Course fill material differ from those for the JPA levee construction, there will be separate stockpiles for the two projects. All soil will be tested prior to delivery to the site to ensure that it does not exceed maximum allowable chemical contamination standards and that its physical properties conform to the respective project specifications. The contract also contains performance requirements, including traffic control measures, dust control measures, and storm water pollution prevention best management practices, to minimize the impacts of the soil importation process to the environment and public health and safety. Soil delivery hours shall be limited to Monday through Friday between 8:00 am and 5:00 pm. There are also contract requirements for the contractor to either stop soil transport or develop and implement a special traffic control plan (subject to City approval) during the afternoon hours when the Baylands Athletic Center parking lot is used as a student pick-up area for the International School of the Peninsula. Staff has contacted school personnel to inform them about the upcoming soil import operation and will continue to coordinate with the school throughout the process. Staff will also work with the contractor to maintain safe public access to the Baylands Athletic Center, the San Francisco Bay Trail, and other Baylands Preserve trails during hauling operations. Normal operations at the Baylands Athletic Center, including planned events at the ball fields, will be able to continue while soil is being imported. The contractor will direct all trucks accessing the stockpile site to follow designated truck routes. As allowed by the special modification to the truck route ordinance approved by Council on November 13, 2002 (Staff Report #3188), the contractor may use Oregon Expressway as a haul route for transporting soil between borrow sites at Stanford University and the Golf Course. As a result of the shortened haul route along Oregon Expressway, the contractor will pay an additional 50 cents per cubic yard ($3.00 vs. the base $2.50 rate) for soil originating from the Stanford campus. City of Palo Alto Page 5 In order to accommodate the soil stockpiling operation,a portion of the Golf Course will need to be closed to play,and some physical course modifications will need to be implemented. Staff has used Valley Crest, the City’s contract golf course maintenance firm, to construct two temporary greens to be used once the stockpile area is closed to play. This temporary course reconfiguration will allow a full 18 holes of play during the stockpiling operation, although the golf course par will be reduced to 67. Valley Crest is also being paid to reroute one of the main irrigation water supply lines and to salvage irrigation system components within the designated stockpile area. The cost of this preparatory work is approximately $40,000. Revenue from Golf Course green fees is expected to drop during the stockpiling operation due to an anticipated loss of golfers resulting from the daily construction activity. Although it is difficult to pinpoint the exact financial impact to the Golf Course between the start of stockpiling around July 1, 2013 and April 1, 2014,when the Golf Course is expected to be closed for full renovation, revenue during this period is expected to decrease by between $120,000 and $300,000. During review of preliminary plans for the golf course renovation in 2012, Council directed staff to conduct a cost-benefit analysis prior to accepting imported soil for stockpiling on a portion of the Golf Course. As described above, there will be some additional costs incurred and some loss of green fee revenue as a result of the early stockpiling strategy. Staff believes, however, that these financial impacts would also occur if responsibility for the importation of the required volume of soil were assigned to the golf course construction contractor as part of the bidding process. Due to the significant volume of soil required for the implementation of the Golf Course Reconfiguration Project, it is unlikely that the contractor would be able to rely on a continuous supply of soil being delivered to the site as it is needed during the golf course grading operation. Therefore, the contractor would likely adopt the strategy of accumulating a large percentage of the required soil before beginning the grading operation in order to avoid having to mobilize and demobilize a large amount of earth-moving equipment multiple times. This would result in an extended period of time during which the Golf Course could remain open, but would have to be modified in order to accommodate the soil stockpiling, similar to the temporary modifications proposed by staff. The main advantage of the City acquiring the required volume of soil in advance is the elimination of a large degree of uncertainty for potential City of Palo Alto Page 6 bidders of the Golf Course Reconfiguration Project. If the soil were not provided by the City, bidders would likely have to increase their bids substantially due to the uncertainty surrounding the timing of potential soil delivery and the revenue (or cost) that could be generated by the imported soil. Golf Course architect Forrest Richardson advises that the elimination of this uncertainty will translate into much more competitive bids, resulting in savings to the City of up to $600,000 to $800,000. Based on this potential cost savings and the associated benefit of limiting potential increases in the duration of the golf course construction, staff believes that advance stockpiling of soil is in the best financial interests of the City and recommends that Council approve the attached soil importation contract. Approximately 94 trees will need to be removed on the Golf Course in order to accommodate the soil stockpiles. Under the terms of the contract, the trees will be removed by the contractor prior to starting the soil importation process. The trees to be removed will be identified and tagged prior to removal as required by the City’s tree protection ordinance. The loss of these trees will be mitigated as part of the overall tree loss mitigation plan for the Golf Course Reconfiguration and JPA Flood Control projects. The loss of trees will be mitigated through a combination of new trees to be planted on the course as part of the Golf Course Reconfiguration Project and the planting of a large number of trees off-site at the Arastradero Preserve and elsewhere in the foothills. In accordance with the requirements of the City’s Tree Technical Manual, the number of on-site and off- site trees to be planted will serve to replace the loss of tree canopy within a period of ten years. A summary of the proposed tree removal mitigation strategy is attached for reference (Attachment B). Timeline The soil importation process is anticipated to begin around July 1, 2013. The attached contract with Don Tucker & Son provides that the 491,400 cubic yards of imported soil will be delivered to the designated Golf Course stockpile sites by June 1, 2014. City of Palo Alto Page 7 Resource Impact The importation of soil to the Golf Course will generate up to $1,328,500 in revenue for the City. These funds will be credited to Capital Improvement Program Project PG-13003 to supplement the funds budgeted for the construction of the Golf Course Reconfiguration Project. Environmental Review The stockpiling of imported soil is subject to the provisions of the California Environmental Quality Act (CEQA). The impacts of stockpiling up to approximately 200,000 cubic yards of soil on the Golf Course for use on the JPA Flood Reduction Project and the Palo Alto Municipal Golf Course were analyzed and documented in the Environmental Impact Report (EIR) certified by the JPA Board of Directors on October 25, 2012. Utilizing the City’s authority under CEQA as a responsible agency for the Flood Control Project, staff has processed an addendum to the JPA’s EIR clarifying that the 200,000 cubic yards of stockpiled soil may be used as fill material for either the Golf Course Reconfiguration or the Flood Reduction Project (Attachment C). Environmental clearance for the importation of the remaining 300,000 cubic yards of soil will be achieved through the certification of the EIR currently being processed for the Palo Alto Municipal Golf Course Reconfiguration Project. The Golf Course Reconfiguration Project EIR is expected to be submitted to Council for certification in December 2013. Attachments: ·A -Contract C13150341 with Don Tucker & Son (PDF) ·B -Summary of Tree Removal Mitigation Strategy (PDF) ·C -June 10, 2013 Addendum to JPA Flood Reduction Project EIR (PDF) 1 Rev. July 11, 2011 CITY OF PALO ALTO CONTRACT NO. C13150341 GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the 17th day of June, 2013, by and between the CITY OF PALO ALTO, a California Chartered Municipal Corporation (“CITY”), and DON TUCKER & SON, a sole proprietorship, located at 1020 Fitzgerald Avenue, Gilroy, Ca 95020, Telephone Number: (408) 842-0645 (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services (“Services”) described in the Scope of Services, attached as Exhibit A. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: “A” - Scope of Services “B” - Schedule of Performance “C” - Compensation “D” - Insurance Requirements CONTRACT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE ATTACHED. 3. TERM. The term of this Agreement is from June 17, 2013 to June 30, 2014, inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions. 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached as Exhibit B. Time is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. CONTRACTOR shall pay and CITY agrees to accept as not to exceed compensation for the full performance of the Services: The total maximum lump sum compensation of dollars ($ ); OR The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth in Exhibit C. 6. COMPENSATION DURING ADDITIONAL TERMS. CITY’S compensation rates for each additional term shall be the same as the original term; OR CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco- Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall Rev. July 11, 2011 2 CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. 7. INVOICING. Send all payments to the CITY, Attention: Project Manager. The Project Manager is:Joe Teresi, Dept.: Public Works Engineerng Services, Telephone: (650) 329-2129. Payments shall be submitted in arrears for Services performed. Payments shall be submitted on a monthly basis. Payments shall provide a detailed statement of Services performed during the period and are subject to verification by CITY. GENERAL TERMS AND CONDITIONS A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 6 above, these general terms and conditions and the attached exhibits. B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D. SUBCONTRACTORS. CONTRACTOR intends to utilize the subcontractors listed below. CONTRACTOR may not use any additional subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. Trucking subcontractor: Gagliasso Trucking, Santa Clara Land surveying and SWPPP monitoring subcontractor: Sandis Civil Engineers, Mountain View E. COORDINATION OF WORK. The City reserves the right to contract with other contractors to provide imported soil for this project if the Contractor cannot provide the required volume of soil specified in this Contract. The City does not guarantee that the volume of soil specified in this Contract will be accepted by the City for stockpiling. City reserves the right to direct the Contractor to deliver soil to alternative locations, including the former City of Palo Alto Landfill, during the course of the stockpiling operation, subject to negotiation of revised terms and compensation rates mutually agreeable to the City and Contractor. F. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. G. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders. H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CONTRACTOR is not responsible for repairs to paved roads and the parking lot along the haul route to the designated stockpile area. Rev. July 11, 2011 3 CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement. J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described in Exhibit D. Insurance must be provided by companies with a Best’s Key rating of A-:VII or higher and which are otherwise acceptable to the City’s Risk Manager. The City’s Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the City’s Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to CITY’s Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the CITY’s Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement. O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section M relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other Rev. July 11, 2011 4 loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. The CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that the CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of the CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Contract. P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. The soil importation contract may be terminated by the City if any of the following conditions occur: • If the Contractor fails to meet the materials specifications and quality control standards for the soil set forth in Exhibit A; • If Contractor falls behind schedule with the importation or placement of the soil (as determined by the City); • If Contractor falsifies any sampling or analytical data; • If Contractor’s truck drivers report transporting soil from one address and the City confirms another address; or • If the Contractor violates any compliance issues such as dust control, storm water pollution prevention/erosion control, or other related issues. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY, CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination if for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to Contractor’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of the CITY. No amendments, changes or variations of any kind are authorized without the written consent of the CITY. T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Contract. CONTRACTOR further covenants that, in the performance of this Contract, it will not employ any person having such an interest. CONTRACTOR certifies that no City Officer, employee, or authorized representative has any financial Rev. July 11, 2011 5 interest in the business of CONTRACTOR and that no person associated with contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Contract. CONTRACTOR agrees to advise CITY if any conflict arises. U. GOVERNING LAW. This contract shall be governed and interpreted by the laws of the State of California. V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with the City’s Environmentally Preferred Purchasing policies which are available at the City’s Purchasing Department which are incorporated by reference and may be amended from time to time. CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Contractor shall comply with the following zero waste requirements: • All printed materials provided by Contractor to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by the City’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Contractor on behalf of the City shall be purchased in accordance with the City’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pallets shall be taken back by the Contractor, at no additional cost to the City, for reuse or recycling. Contractor shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. Y. AUTHORITY. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Z. CONTRACT TERMS: All unchecked boxes do not apply to this Contract. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date fIrst above written. CITY OF PALO ALTO DON TUCKER & SON City Manager or Designee By {}Iz~ (Required on contracts $85,000 and over) Name 'b. I .7U(~Cr- Title tOw dt Ie:~ Purchasing Manager or Designee Telephone: C:tb8')96 r-t7Cl2L- Approved as to form: 6 Rev. July 11, 2011 6 Rev. July 11, 2011 EXHIBIT A SCOPE OF SERVICES Attachment A – Scope of Services GENERAL AND BACKGROUND INFORMATION The Contractor shall supply and import a total of 491,400 cubic yards of clean soil for use as embankment fill for two infrastructure improvement projects located east of Highway 101 in Palo Alto. A volume of 364,200 cubic yards of clean soil will be stockpiled for use on the Palo Alto Municipal Golf Course Renovation Project (Golf Course Project), and 127,200 cubic yards of clean soil will be stockpiled for the San Francisquito Creek Flood Reduction Project (San Francisquito Creek Project). The imported soil shall meet a set of material specifications and quality control standards established separately for each project, as described below. The Contractor shall deliver the soil to designated stockpile sites located at the Palo Alto Municipal Golf Course at the end of Geng Road in Palo Alto. Due to the differences between the material specifications established for each project, the imported soil for each project shall be stockpiled separately. The specific stockpile locations are shown on the attached maps. SCOPE OF WORK The Contractor’s scope of work is as follows: 1) Prior to starting the importation of soil, the Contractor shall prepare the soil stockpile sites as follows: a) All trees shown to be removed within the stockpile areas and access road shall be removed and legally disposed of. b) All trees adjacent to the work site shown to remain shall be protected with protective fencing in accordance with the City of Palo Alto Tree Technical Manual. c) All existing turf areas shall be plowed or rototilled to a depth of 3- inches prior to placement of fill. d) All existing drain inlets shall be covered by 1-inch-thick, 4-foot x 4- foot plywood sheets prior to placement of fill. e) The Contractor shall retain a licensed Land Surveyor to stake out the limits of the designated stockpile areas, based upon the plan provided by the City. f) Based upon the staking provided by the Contractor’s Land Surveyor, the Contractor shall install fencing to isolate the stockpile area from the Golf Course and the Athletic Center and to separate the Golf Course Project stockpile from the San Francisquito Creek Project stockpile. All fencing shall be 4-foot-high chain link fence as shown on the attached drawing. The fencing that separates the Golf Course stockpile from the San Francisquito Creek Project stockpile shall be impervious to co-mingling of materials. Geotextile fabric shall be 7 Rev. July 11, 2011 attached to this section of the fencing with tie wires or locking fasteners, and the fabric bottom shall be buried six inches into native material. g) All concrete cart paths within the designated stockpile areas shall be removed and disposed of. The demolished concrete material shall be delivered to an authorized recycling facility. 2) The Contractor shall submit the following information to the City for each proposed borrow site for review and approval prior to the start of soil hauling: a. A geotechnical investigation report documenting the soil parameters at the site. If the borrow source is from a planned excavation, the area, depth, and resulting volume of soil that conform to the material properties specified herein shall be delineated on an excavation plan and submitted to the City for review and approval. A minimum of two (2) test borings per acre will be required. The Contractor may be required to conduct further field studies depending on the variability of the soils at the site and the number of available borings. Sampling of the imported borrow shall be conducted according to the minimum sampling frequency specified herein. b. The Contractor shall obtain no less than four discrete samples from each source of imported borrow. These four discrete samples will represent the properties of the first 1,000 cubic yards of material. Each sample shall be tested in accordance with the following testing protocols: – CAM 17 Metals TTLC, TPH (Oil, diesel and gasoline) by EPA 8015, ASTM D 422 (sieve analysis), ASTM D 4318 (Liquid Limit & Plasticity Index), ASTM D 2216 (moisture content), Caltrans Corrosivity Package for Minimum Resistivity, pH, Chloride and Sulfate (required only for San Francisquito Creek Project soils), ASTM D 1557 (required only for San Francisquito Creek Project soils). The Contractor shall provide the City with analytical data for each of the tests specified herein for each of the samples. Additional tests could be required depending on the risk level of the borrow source. For example, the City may require pesticide analyses if the borrow source had been used as farm land for an extended period of time. c. A certification form (see attached sample, Exhibit 1) shall be signed by the generator (or generator’s agent) of each borrow source larger than 1,000 cubic yards certifying that the soil meets the City’s requirements. 3) The Contractor shall conduct additional soil testing during the hauling operation in order to verify continuing compliance with the required material standards. In addition to the initial soil samples specified above, the Contractor shall test imported borrow at the rate of one sample per each additional 5,000 cubic yards of material from each source. The Contractor 8 Rev. July 11, 2011 shall provide the City with analytical test results for each of the samples tested. Sampling and analytical testing shall be provided by Contractor and official lab results and chain of custody documentation must be submitted to the City and approved before soil can be delivered to the stockpile site. 4) The Contractor shall direct all trucks hauling soil to access the stockpile sites via designated City of Palo Alto truck routes (see City Truck Route Map, Exhibit 2). The Contractor shall use Geng Road as the entry point to the designated stockpile areas. Soil delivery hours shall be limited to Monday through Friday between 8:00 am and 5:00 pm. The Contractor shall secure access road/gates into the stockpile areas during non-working hours. The International School of the Peninsula uses the Baylands Athletic Center parking lot as a student pick-up area between 2:45 and 4:30 pm each day school is in session (school will resume for the 2013-14 school year in the last week of August). The Contractor shall propose and implement a parking lot traffic control plan for use during the school year. The traffic plan may include suspension of hauling during school pick-up hours or a set of traffic control devices and practices that adequately protect the safety of students. The traffic control plan shall be subject to review and approval by the City’s Transportation Division. 5) The contractor shall use a bulldozer or other suitable earth-moving equipment to move the soil into place within the designated stockpile area. 6) The Contractor shall control dust from the soil stockpiles and the haul routes at all times through the use of appropriate Best Management Practices (BMPs). The Contractor shall use a water truck to spray water for dust suppression on a full-time basis while accepting soils. The Contractor may acquire reclaimed water for dust control from the Regional Water Quality Control Plant, 2501 Embarcadero Way, for a nominal fee. To obtain a reclaimed water permit and for further information about water costs, call (650) 329-2598. 7) The stockpiling operation will be subject to the requirements of the State of California General Permit for Storm Water Discharges Associated with Construction Activity (Permit). The City will submit the Notice of Intent to Comply with the Permit, develop the required Storm Water Pollution Prevention Plan (SWPPP), and conduct the required water quality monitoring and reporting. The Contractor shall be responsible for implementation of the suite of Best Management Practices (BMPs) specified in the SWPPP in order to protect storm water quality during the stockpiling operation. The Contractor shall retain a Qualified SWPPP Practitioner (QSP) to periodically review the installed BMPs, recommend modifications based on observed field conditions, and document their findings with written reports throughout the course of the stockpiling operation. The SWPPP will include the use of perimeter straw wattles and silt fencing as shown on the attached plan in order to prevent silt from leaving the site. The Contractor shall also apply a hydro- spray tackifier to the surface of inactive areas of the stockpiles as an erosion 9 Rev. July 11, 2011 control measure. The Contractor shall provide a submittal for the hydro-spray tackifier proposed for use on the project for review and approval by the City. 8) The Contractor shall be responsible for controlling dust and spillage on all roads leading to the stockpile sites. The Contractor shall ensure that all trucks used to haul soil are either covered or loaded to a level below the edges of the truck bed as required by law in order to prevent spillage. The Contractor shall also be responsible for sweeping the streets between the Highway 101/Embarcadero Road/Oregon Expressway interchange and the project site with a vacuum-type street sweeper on an as-needed basis in order to control dust. At a minimum, the streets shall be fully swept at least twice during any day when soil is imported to the site. 9) The Contractor shall supply trained flaggers, equipped with all required safety equipment and signage, as needed to direct trucks where trucks will cross uncontrolled vehicular, pedestrian, or bicycle traffic. 10) The Contractor shall supply workers to pull out unacceptable debris from the imported soil. The Contractor shall propose and implement a system, subject to the review and approval of the City, to verify that trucks are delivering soil only from approved soil borrow sites. 11) The Contractor shall install and maintain a portable toilet onsite for use by workers. Other onsite equipment storage facilities needed for the project shall be placed at locations designated by the City. 12) The Contractor shall prepare and submit to the City a detailed grading plan for each of the soil stockpiles to be placed within the designated area. The grading plans shall show the footprint, height, and slope of each stockpile depicted through the use of contour lines. The grading plans shall demonstrate how the Contractor proposes to place 365,000 cubic yards of soil for the Golf Course Project and 127,000 cubic yards of soil for the San Francisquito Creek Project. Grading plans shall be submitted in a 24” x 36” format. AutoCAD files depicting existing conditions at the site can be provided to the Contractor if requested. 13) The Contractor shall perform a topographical survey of the existing ground before the start of stockpiling and perform a final topographical survey after stockpiling in order to calculate the stockpile volume. The Contractor shall provide an as- built grading plan based upon the topographic surveys for each stockpile as evidence that the stockpiles represent the desired quantity of imported soil. Topographical surveys and grading plans shall be prepared by a licensed Land Surveyor or Civil Engineer. The surveys and plans shall be stamped and signed by a licensed Land Surveyor or Civil Engineer. Payments to the City shall be made based on the volume of soil stockpiled at the site. Measurement of the soil stockpile shall be based on cubic yards. 10 Rev. July 11, 2011 14) The Contractor shall keep complete records of the soil quantities delivered from each approved soil borrow site. SOIL SPECIFICATIONS General Requirements: The imported soil for this project shall conform to the following general requirements: 1) The soil shall be generally free of chemical contaminants, organics, and man- made refuse (subject to specific testing limits specified below). 2) The soil shall originate from undeveloped, residential, or low-risk commercial properties where no contamination source(s) are suspected. 3) Soil classification and gradation tests as well as representative samples of the proposed imported soils shall be provided for City approval prior to delivery. 4) Approval criteria for metals, hydrocarbons, and other contaminants will be the Shallow Soil Screening Levels for Residential Land Use Table A-1 of the San Francisco Bay Area Regional Water Quality Control Board Interim Final Environmental Screening Levels (ESLs). The screening levels can be obtained at: http://www.waterboards.ca.gov/rwqcb2/water_issues/programs/esl.shtml. Exceptions will be made for metals where background levels are higher than the ESLs in the Bay Area. 5) The soil will not be approved if a contamination source is suspected or if the soil is observed to have organic laden materials. Palo Alto Municipal Golf Course: The soil classification requirements for the 365,000 cubic yards of imported soil for use on the Golf Course Project are as follows: 1) Plasticity Index (PI) less than 15% 2) Liquid Limit (LL) less than 40% 3) Particle size ¾ inch minus; well graded 4) Maximum passing #200 sieve is 10% 5) The soil shall be suitable for the growth of vegetative cover for the Golf Course Project. Non-compatible soils such as sand, gravel, soils containing foreign materials (e.g., asphalt, concrete, mulch, or wood chips) or overly saturated soils will not be accepted. San Francisquito Creek Project: The soil classification requirements for the 127,000 cubic yards of imported soil for use on the San Francisquito Creek Project are as follows: 1) Plasticity Index (PI) less than 25% and greater than or equal to 8% 2) Liquid Limit (LL) less than 45% 3) Percent passing 2-inch sieve equal to 100% 4) Minimum passing #200 sieve is 20% 5) As-received moisture content no greater than 5% over the optimum moisture content (as determined by the Modified Proctor Compaction Test) 11 Rev. July 11, 2011 6) Caltrans Corrosivity Package for Minimum Resistivity, pH, Chloride and Sulfate (Special requirement applicable to 10,550 cubic yards of the imported soil for the San Francisquito Creek Project): a. Soil shall be found to be classified as non-corrosive. Per Caltrans guidelines, soils with the following properties are considered to be corrosive: i. Chloride concentration equal to or greater than 500 ppm ii. Sulfate concentration equal to or greater than 2000 ppm iii. pH is 5.5 or less iv. Minimum resistivity less than 1,000 ohm-cm CONTRACTOR’S EXCEPTIONS 1. The Contractor shall not be responsible for dewatering of the existing pond within the designated stockpile area 2. The Contractor shall not be responsible for repairs to the paved roads and parking lot along the haul route to the designated stockpile areas. EXHIBITS: Exhibit 1: Soil Self Certification Form Exhibit 2: City of Palo Alto Truck Route Map Exhibit 3: Stockpiling Area Plan, Map C1, C2, C3 Exhibit 4: Storm Water Pollution Prevention Best Management Practice (BMP) Sheet Exhibit 1 Palo Alto Municipal Golf Course Imported Soil Self-Certification Form Import Soils Criteria City of Palo Alto may at its sole discretion accept soils that will be used for the Palo Alto Municipal Golf Course Reconfiguration Project and the San Francisquito Creek Flood Reduction Project provided that the soils do not contain any chemical contaminants. The soils must originate from properties where no contamination source(s) are suspected. Contaminated soils will not be accepted. Non-compatible soils such as sand, gravel, soils containing foreign materials (e.g., asphalt, concrete, mulch, wood chips, organic material, etc.), or overly saturated soils will not be accepted. Generator Testing Required Generator shall sample and analyze all soil before transporting the soil to the Palo Alto Municipal Golf Course in accordance with the frequency and protocol listed below. Official lab results and chain of custody documentation must be submitted to the City and approved before soil can be delivered to the site. Minimum Sampling Frequency – A minimum of one sample for each (original) location of soil larger than 1,000 cubic yards, and a minimum of one additional sample per 5,000 cubic yards of soil originating at any one location. Testing Required – • CAM 17 Metals TTLC, TPH (Total) by EPA 8015 • Plasticity Index (ASTM D 4318) • Liquid Limit (ASTM D 4318) • Sieve Analysis (ASTM D 422) • Modified Proctor Compaction Test (ASTM D 1557) - for Levee Work only • Moisture Content (ASTM D 2216) – Only for Levee Work • Caltrans Corrosivity Package for Minimum Resistivity, ph, Chloride, Sulphate test – for Levee Work only • Provide Soil Report or Soil Boring Test Results of the site where the soil is being imported from. This certification form and all Information should be emailed to: joe.teresi@cityofpaloalto.org Joe Teresi (650) 329-2129 rajeev.hada@cityofpaloalto.org Rajeev Hada (650) 329-2469 Certification “I certify under penalty of law, that the soil I am delivering (i) does not contain and is not contaminated with any hazardous materials/substances, as defined under any provision of federal, California or local law, (ii) meets established acceptance criteria for Class III landfill disposal, (iii) was taken from the address(es) and site location(s) approved by the City of Palo Alto and has not been combined with any substance from any other site or location, (iv) was tested by a State-accredited environmental testing laboratory and that such sampling was not conducted at an unauthorized location and (v) that all information submitted in this Soil Certification form is true and correct. Furthermore, I am fully aware that there are significant penalties for submitting false information, including the possibility of fines and/or imprisonment under federal, California and local law.” ______________________________________________________________ _______________________ Generator’s (or authorized representative) Signature Date _______________________________________ _____________________________ Generator’s Printed Name Company Name i j I I , I .' CITY OF PALO ALTO , CALIFORNIA TRUCK ROUTE MAP Chapter 10.4:8 P.A.M.C. NOTE: MIDDLEFIELD RD .. ----~-1Ql' IN MENLO PAliK HAS A - 3 TON WEIGHT LIMIT. I H aERT • , ( , , -.~ .. • ~. n ~ \ 0 0 0 w • , 2 •• Minimum fine for a ·truck route violation Is $210 -LEGENO --.:....-'· --._.--PALO ALTO CITY LIM ITS THROUGH TRUCK ROUTE ----LDCAL TRUCK ROUTE (7A.M.to 7P.M.Onty) •••••••••• SPECIAL TRUCK ROUTE (24 Hu./Da),) Ir~ MULTIPLE DELlVE'RV ZONE Palo Alto Poli ce Depart ment 0 ENTRY-EXIT POINT Traffic Di vi s i on: (650) 329-2687 N Revised August 22, 2002 3 S FC JPASTOCKP IL EAREA CITY OFPALO ALTOSTOCKPILEAREA 12 Rev. July 11, 2011 EXHIBIT B SCHEDULE OF PERFORMANCE CHOOSE ONE OF THESE ALTERNATIVES TO DESCRIBE SCHEDULE: Alternative 1. ⌧ CONTRACTOR shall perform the Services according to the following schedule: The Contractor shall endeavor to supply and import the volume of soil specified in the attached Scope of Work (Exhibit A) to the designated stockpile areas at the Palo Alto Municipal Golf Course no later than June 1, 2014. The Contractor shall report to the City on a monthly basis in a written report the volume of soil delivered to the site and the estimated volume of soil to be delivered during the following three months. The Contractor shall immediately notify the City’s Project Manager in writing if and when the Contractor believes that he will not be able to complete the importation of the full required volume of soil prior to June 1, 2014. Upon receiving such notification, the City’s Project Manager will arrange to meet with the Contractor to discuss any follow-up actions, including potential termination of the Contract. Alternative 2. CONTRACTOR shall perform the Services so as to complete each task within the time period specified below. The time to complete each task may be increased or decreased by mutual written agreement of the project managers for CONTRACTOR and CITY so long as all work is completed within the term of the Agreement. Upon request CONTRACTOR shall provide a detailed schedule of work consistent with the schedule below. Task Complete ___ Days or (Describe task) ___ Weeks From NTP 1. 2. 3. 4. 5. 6. 7. 8 Rev. July 11, 2011 EXHIBIT C SCHEDULE OF FEES CHOOSE ONE OF THE FOLLOWING TYPES OF STANDARD COMPENSATION LANGUAGE AND MODIFY AS NECESSARY ALTERNATIVE 1. Compensation based upon deliverables CITY shall compensate CONTRACTOR for performance of the Services according to the following schedule, with the maximum amount of compensation not to exceed dollars ($ ): PHASE OF PROJECT DELIVERABLE % OF TOTAL AMOUNT (INCLUDING REIMBURSABLE S 1. PHASE ONE 2. PHASE TWO 3. PHASE THREE 4. ACCEPTANCE TEST TOTAL 100% All Payments are based upon City’s acceptance of Contractor’s performance of the phase as evidenced by successful completion of the Deliverable for that Phase. City shall have no obligation to pay unless Contractor has successfully completed and City has approved the Project Phase for which payment is due. The maximum amount of compensation to be paid to Contractor, including both payment for services and reimbursable expenses, shall not exceed Dollars ($ ). Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to City. ALTERNATIVE 2. Compensation based upon task 9 Rev. July 11, 2011 CONTRACTOR shall perform the tasks as described and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for the Services including reimbursable expenses, does not exceed $ . Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to City. DESCRIPTION OF TASK NOT TO EXCEED COMPENSATION PER TASK INCLUDING REIMBURSABLES Task 1 $ ( ) Task 2 $ ( ) Task 3 $ ( ) Task 4 $ ( ) Task 5 $ ( ) ⌧ ALTERNATIVE 3. Compensation based upon fee schedule The Contractor shall pay the City according to the following rate schedule. Progress payments to the City shall be made on a monthly basis. Soil quantities for monthly progress payments shall be estimated based on truckload counts of soil delivered to the site. Contractor shall prepare and submit to the City documentation of monthly truck deliveries and make monthly progress payments accordingly. The amount of total compensation to the City shall be adjusted based on the soil volume determined by the final topographic survey of the on-site stockpiles. Final Compensation Soil delivered from borrow sites located on the Stanford University campus: $3.00 per cubic yard Soil delivered from other borrow sites: $2.50 per cubic yard Progress Payments Soil delivered from borrow sites located on the Stanford University campus: Soil delivered in 10-yard trucks (loads estimated at 7 cubic yards): $21.00 per truckload Soil delivered in doubles, end dumps, semi bottom dumps, or transfers $36.00 per truckload (loads estimated at 12 cubic yards) Soil delivered from other borrow sites: Soil delivered in 10-yard trucks (loads estimated at 7 cubic yards): $17.50 per truckload Soil delivered in doubles, end dumps, semi bottom dumps, or transfers $30.00 per truckload (loads estimated at 12 cubic yards) 10 Rev. July 11, 2011 EXHIBIT D INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” 11 Rev. July 11, 2011 A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11000 33138 X X A E Purchasing and Contract Administration 1,000,000 0726293 1,000,000 5,000 X Amelia Lamb City of Palo Alto 34109098 34109098 San Martin, CA 95046 6,000,000 MXI93038337 P.O. Box 10250 831-630-0286 X USA 1,000,000 06/11/2013 X X 6,000,000 100,000 AGCS MARINE INS CO STATE COMPENSATION INS FUND RSUI IND CO LHA136661 SENTINEL INS CO LTD LANDMARK AMER INS CO belindag C 01/29/14Equipment Floater Deductible Scheduled Rent/Lease/Borrow 01/29/14 1,000,000 Palo Alto, CA 94303 California, Inc. dba Winn & Company Insurance Brokers Arthur J. Gallagher & Co. Insurance Brokers of B 2,000,000 X 1,000,000 X 01/29/13 321 Fifth Street 01/29/13 P.O. Box 480 01/29/14 1,000,000 57UECVX5341 D Don Tucker & Son 1,000 961,000 01/29/13 350,000 Hollister, CA 95023 824-506908-12 01/29/13 831-637-9241 10/01/12 01/29/14 1-831-637-9241 2,000,000 NHA232220 10/01/13 amelia_lamb@ajg.com Liability policy, as per attached. Coverage is primary as per attached. 22837 City of Palo Alto, its council members, officers, agens and employers are included as additional insured on the General 35076 Re: Golf Course Reconfiguration Project. 22314 This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET -PRIMARY AND YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1-~,=:.=.=---=~.~=:':-'::"-=-~==::-~=-~-==~SCHEoULE~. ~=~=-=~~~=-~~~-==:.==~~=] r:IName of Person or Ol'gan;zation: ~ny person or organization to whom or to which you are obligated by virtue i :of a written contract or by the issuance or existence of a written permit, to I I !provide insurance such as is afforded by this policy. • ....---J A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE, but only with respect to liability for 'bodily injLlry', "property damage" or "personal and advertising injury" caused, in whole 01' in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations; andlor "your work" deflned for the additional insured(s) deSignated above included in the "products·completed operations hazard", B. If you are required by a written contract to provide primary insurance, this policy shall be primary and SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply. but only with respect to coverage provided by this policy, This endorsement effective forms part of Policy Number LHA136661 issued to by RSG 15017 1207 (1185) Includes copyrighted material of Insurance Services Office, Inc, 1984 with its permission GOLF COURSE TREE MITIGA TION PLAN Sla~ord laMS CANOPY AREA TO BE MITIGATED: MITIGATION AREA Golf Course Canopy Loss: 256,295 sq.ft. of canopy JPA Project Canopy Loss: 7,842 sq.ft. of canopy TOTAL CANOPY lOSS TO MITIGATE: 264,137 sq.ft. MITIGATION CALCULATIONS: * * Calculation based on average growth rate of the proposed mitigation tree list compiled from the Natural Resources Conservation Service (NRCS) of the Unites States Department of Agriculture (USDA) of tree height at 20 years of age with canopy estimated at 3/4 of the overall height. Average height of proposed trees at 10 years: 9.69 feet Canopy spread calculation: (9.69 x .75) = 7.27 feet Canopy area calculation: ((7.27/2}2 x 3.1416) = 41.5 square feet of canopy produced per seedling at 10 years Seedlings needed calculation: \264,137/41.5} = 6,437 seedling trees needed to equa the canopy coverage in a 10 year time period. Total seedlings to be planted with an anticipated 30% attrition rate = 10,000 trees (approx.) MITIGATION AREAS: Area 'A': 87,000 sq.ft. Area 'B': 75,000 sq.ft. Area 'C': 48,000 sq.ft. Area 'D': 55,000 sq.ft. Total Mitigated Area: 265,000 sq.ft. REQUIRED CANOPY COVERAGE TO MEET 10 YEAR GOAL MITIGATION PLANTING AREA -ALLOW FOR 9' ON CENTER SPACING OF NEWLY PLANTED TREES PROSPOSED MITIGA TlON AREA PLAN -ARASTRADERO PRESERVE ARASTRADERO PRESERVE SCALE: N.T.s. MITIGATION TREES LIST U PERCENTAGE OF VARIETIES USED FOR MITIGA nON TO BE DETERMINED DATE: 6.4.13 Page 1 of 2 City of Palo Alto Department of Planning and Community Environment California Environmental Quality Act ADDENDUM TO THE OCTOBER 2012 ENVIRONMENTAL IMPACT REPORT FOR THE SAN FRANCISQUITO CREEK FLOOD REDUCTION, ECOSYSTEM RESTORATION, AND RECREATION PROJECT SAN FRANCISCO BAY TO HIGHWAY 101 Date: June 10, 2013 Project Name: San Francisquito Creek Flood Reduction, Ecosystem Restoration, and Recreation Project – San Francisco Bay to Highway 101 Project Location: San Francisquito Creek – San Francisco Bay to Highway 101 Applicant: San Francisquito Creek Joint Powers Authority Owner: San Francisquito Creek Joint Powers Authority 615 B Menlo Avenue Menlo Park, CA 94025 This document is an Addendum to the project Environmental Impact Report (EIR) certified by the Board of Directors of the San Francisquito Creek Joint Powers Authority on October 25, 2012 and has been prepared to address proposed modifications to that project. The City of Palo Alto is a Responsible Agency under the EIR. The proposed modifications are considered minor and have been determined to not create any additional impacts than what were already identified in the EIR. The scope of the project has not changed or been revised. The Addendum is provided to clarify minor aspects of the project description. The following revisions have been made to the Environmental Impact Report certified by the Board of Directors of the San Francisquito Creek Joint Powers Authority on October 25, 2012: Table of Contents Page No. Section Revision Purpose Project Description 2-13 Fill Disposal and Fill Import Language discussing fill import modified to clarify that imported fill material delivered to the Project site may be used for either levee construction or for site fill for the Palo Alto Municipal Golf Course Reconfiguration Project. The air quality impacts of the soil importation Clarification process and associated mitigation measures described in the EIR are identical regardless of the final disposition of the imported soil. Third sentence of this section is changed to read: "Approximately 190,800 cubic yards of fill would be brought to the Project site for levee raising or for use in reconfiguration of the Palo Alto Municipal Golf Course, a separate project being managed by the City of Palo Alto." In accordance with CEQA Guidelines 15164( c), "an Addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted Negative Declaration." This Addendum shall become public record as an attachment to the EIR. Pursuant to CEQA Guidelines Section 15162, recirculation of the EIR is not required as the project changes do not create -new significant environmental impacts or a substantial increase in the severity of previously identified effects as further detailed in the October 25, 2012 Environmental Impact Report. Prepared by: Page 2 of2