HomeMy WebLinkAbout1998-05-26 City Council (7)TO:
City
HONORABLE CITY COUNCIL
City of Palo Alto
Manager’s Report
1
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:MAY 26, 1998 CMR:244:98
SUBJECT:AWARD OF CONTRACT TO O’GRADY PAVING INC. FOR THE 1998
STREET RESURFACING PROGRAM
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with O’Grady
Paving, Inc. in the amount of $2,480,970.82 for the 1998 resurfacing program.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract with O’Grady Paving, Inc. for related, additional but
unforeseen work which may develop during the project, the total value of which shall
not exceed $375,000.
DISCUSSION
Project Description
The project scope of work includes overlaying 10 lane miles and slurry sealing 11 lane miles
of City streets, of which 8 lane miles are located south of Oregon Expressway. In addition
to street resurfacing, curb ramps and concrete cross ~walks will be repaired and the street,
cross walks and parking areas will be re-striped Complying with the Americans with
Disabilities Act.
The following streets in the University Avenue Business District will be overlayed this year:
University Avenue from Middlefield Road to Alma Street, Hamilton Avenue from Webster
Street to Ramona Street, Webster Street from Lytton Avenue to University Avenue, Cowper
Street from University Avenue to Hamilton Avenue, Bryant Street from Everett Avenue to
Lytton Avenue, and Lytton Avenue from High Street to Emerson Street. Staff has received
input from downtown business merchants through meetings and questionnaires regarding
times of preferred operation, limit~ of street closures, and detour routes. On University
Avenue, a maximum of two blocks will be closed at one time. Street closures will be
restricted to the hours between 7 a.m. to 4 p.m. on weekdays. The contractor will not be
CMR:244:98 Page 1 of 3
allowed to work the Celebration of the Arts weekend. Traffic will be detoured to Lytton
Avenue. and Hamilton Avenue when University Avenue is closed.
The heavy winter rains have caused an increased amount of pavement failures and rate of
deterioration on some City streets. Staff has included base failure repairs for some of the
areas on major streets that are showing distress including Embarcadero Road, Homer
Avenue, Alma Street, (upper) Page Mill Road, Arastradero Road, Middle field Road and
West Bayshore Road.
Following the award of contract, businesses and residents affected by the project will be
notified. Also, the contractor will hand deliver door hanger notices seven days and 72 hours
in advance of the construction work. Work is expected to start in June and be completed by
October 1998.
Bid Process
A notice inviting formal bids for the 1998 Street Resurfacing Project was issued on April 13,
1998 and sent to 12 builders’ exchanges and 6 general contractors. The bidding period was
23 days. A pre-bid meeting was held on April 21, 1998, and one contractor attended the
meeting. Bids were received from 2 qualified contractors on May 5, 1998, as listed on the
attached bid summary (Attachment A). Bids ranged from a high of $2,642,809.72 to a low
bid of $2,480,970.82. Contractors not responding indicated that they did not submit a bid
because the project was too large and they were too busy with other projects to bid this
project. This resulted in receiving only two bids, both of which were higher than the
engineer’s estimate.
Staff has reviewed both bids submitted and recommends that the bid of $2,480,970.82
submitted by O’Grady Paving Inc. be accepted and that O’Grady Paving Inc., be declared
the lowest responsible bidder. The bid is 4 percent above the engineer’s estimate of
$2,377,448.15. The change order amount of$375,000,.which equals 15 percent of the total
¯ contract, is requested because it is anticipated that problems may arise while working in the
University Avenue Business District such as modifying the contractor’s scheduling or hours
of operation due to unexpected confiicts, and unforeseen work discovered after construction
has started.
Staff checked references supplied by the contractor for previous work performed and found
no significant complaints. Staff also checked with the Contractor’s State License Board and
found that the contractor has an active license on file.
RESOURCE IMPACT
Funds are budgeted in Capital Improvement Project 9630, Street Maintenance. The State-
Local Transportation Partnership Program grant, which in prior years reimbursed a portion
of the expenditure, was eliminated and is no longer available.
CMR:244:98 Page 2 of 3
POLICY IMPLICATIONS
The award of this contract is consistent with existing City policies.
ENVIRONMENTAL REVIEW
This project is exempt fi~om the provisions of the California Environmental Quality Act and
no further environmental review is required.
ATTACHMENTS
A - Bid Summary
B - List of Overlay streets
C - List of Slurry Seal streets
D - Contract
PREPARED BY:
DEPARTMENT HEAD:
D!
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
John A. Carlson, Acting Assistant Dii:ector of Public Works
CMR:244:98 Page 3 of 3
1998 STREET RESURFAClNG PROJECT
BID SUMMARY
ATTACHMENT A
1A
2A
3A
4A . ~WedgeCut5A_AC =Pavement Repair 6"
SA PCC Pavement Repair
7A AC Levelin~g Course
18A AC Skin Patch 114"
9~-2;’ AC..~Milling
10-A Crack Sealant
11-/~Interlay_er __Me__m~bra_ne
12_A Adjust Utilit~ Box
13A _.Adiust Manhole14A_ .Su_ _ryey Monument
15A Blue Markers
16A .Strip=ing, Caltrans Detail 1
17~A _ .Strip_!_ng, Caltrans Detail 418AStriping, Caltrans Detail 9
19~Stripi_ng, Caltrans Detail 21
Bid Bid Item
Item #.Descdpti0_n ........Quantity Unit
Bid Schedule A
i1112" °_~ye_~lla~;_-~_.~ ~-__. -. i 4,_7_211T0n $50.00
.Slur~._Se?[ ..............
P a ve_m_e n_ t_.F_a~b r !c__
Striping, Caltrans Detail 2320A
21A -
ENGINEERS ESTIMATE
Unit Price Amount
$70.00
$400.00
$55.00
$55,00
$0.35
$0.40
$1.40
19,836 LF $1.3o
...... ~_,_0 3_7 ~Ton~
185 CY
1,133 Ton
40 Ton
161,450 SF
85,707 LF
20,000 LF
116 EA $2oo.oo
6 EA $3oo o0
89 EA $8.oo
........._4_,_0_3_1 _ L_F .....__.$o.3~o___
3,312 LF $o,50
139 LF $o.35
1,969 LF $o,6o
173 LF $1.2o
$0.60
O’Grady Paving, Inc.
Unit Price Amount
$236,050.00 $41.00
$74,750.00 $145.00
$45,778.70 $0.10
$193,561.~0
$94,250 00
$45,778.70
Pavex
Unit Price Amount
$632,590.00
$74,000.00
$62,315.00
$2,200.00
$56,507.50
$34,282~80
$28,000.00
$23,200.0O
$1§,50~.~0
$70.00
$620.00
$45.00
$100.00
$0.28
$0.32
$2.00
$200.00
$275.00
$1,800,00 $250.00
$50~00"-$236,050.00
$92.00 $59,800 00
$0.09 $41,200.83
22A ....St_riping, 12" White 1,849 LF
23A Striping, 12" Yellow 633 LF
24A Thermoplastic L~eg.end 372 EA25_A- _ __Type A Curb and Gutter
1,442 LF
26A Type B Curb and Gutter 45 LF
27A Valley Gutter 30 LF
28A Curb Ramp 45 EA
29A Sidewalk 3,370 SF
30_A____Driv_e_w_a_y 300 SF
31A PCC Sidewalk Gdnding 61 SF
32A .Adjust Catch Basin 2 EA
33A Raise Catch Basin 1 EA
$4A .Road Bu._m_p Installation 1 LS
35A PC Drilling ......200 EA
36A PCC Grout 40 CY
37A .Adjust Electrical Vault 4 EA
38A Traffic Detector Loop 6 EA
39A .Inert_Recycling 11,240 Ton
40A .Tree Trimming 1 LS
41A Notification 1 LS
42A Traffic Control 1 LS
Bid ScheduJ~ A Total
$2.10 $3,882.90
$2.10 $1,329.30
$45.00 $16,740.00
$30.00 $43,260.00
$32.00 $1,440.00
$35,00 $1,050,00
$1,100.00 $49,500.00
$7.50 $25,275.00
$8.50 $2,550.00
$50.00 $3,050.00
$1,400.00 $2,800.00
$1,700.00 $1,700.00
$6,000.00 $6,000.00
$35.00 $7,o~pio~o,$3oo.oo $12,ooo.oo
$3,00o.00$1,$oo.oo$9,ooo.oo
$3.00 $33,720.00
$35,000.00 $35,000.00
.... p,_oo_o._o.~.. . _~5,o99.99$20,000.00 $2o,ooo.oo
$2.50
$2.50
$44.00
$35.00
$36.00
$46.00
$1,150.00
$8,00
$10.00
$80.00
$600,00
$I,200.00
$4,000.00
$42.00
$72,00
$900.00
$632,590.00 $70.00 $632,590.00
$114,700.00 $540.00 $99,900.00
=50,985.00 $60.00
$4,000,00 $120.00 $4,800.00
$45,206.00 $0.50 $80,7250~
$27,426,24 $0.27 $23,140,89
$4oi~0o~Sl.OO $2o,ooo,oo
$I,S~.2~.....~4sF~0 ........$2,z00.00
~9~.~ ____~._00 .....S!,~3~.qo
$4,622.50 $2.50 $4,622,50
$16,368.00 $23.00 $8,556.00
S50,470.00 $21.00 $30,282.00
$1,380.00 $25.00 $750.00;
$51,750 O0 $1,315.00 $59,175.00
$26,960.00 $5.25 $17,692.50
$3,000.00 $7.80 $2,340.00
$4,880.00 $12.00
$4,000.00$1,500.00 $1,500.00
$81400.00i$90.00 $16,000.00
$2,860.00 $150.00 $6,000.00
$7,080.00
$6~,440.00
$35,000 00
$1,500.00
$70,000.00
$1,~3~,91o.12
$9oo.oo .........$5,4oo.oo _$~,1_~_o~p_o_ ....$4.00 $44,960.00 $6.oo$35.ooo.oo $35,ooo.oo $35,ooo.oo
_~o,ooo.o___~o~$4o,_oo_~-.6._o~. _ ~I.~OO~0~+
$35,000.00 $35,000.00 $70,000.00
$1,66~,291.82$1,618,338 95
05/06/98 bid summary
1998 STREET RESURFACING PROJECT
BID SUMMARY
Bid
Item #
B
2B
Bid Item
Bid ScSeclule B
. P a¥em~en~t__F~b[ic~ ........
310,~39_5..S_F= .........$oiLo
AC Pavement Repair 6"1,575 Ton $7o.oo
ENGINEERS ESTIMATE
Amount
$160,05(~0 -~
$31,039.5.0.;$0.12
$8,957.00 j $1.20
$110,250.00 $96.00
O’Grady Paving, Inc.
Unit Price Amount
~3B
5B_.12" P_ip~_a_t_Un_i_v_ersit__y_~at__Fl~ore~_n_c._e_ ....~I._L~SS ....$~8_,_0_00,0_0__ ......$6,000.00 $20,000.00
6B .12" Pipe at University at Kipling 1 LS $5,000.00 $6,000.00 $20,000.00
76 .BuHt-Up_Ra_rnp__a! U_~n~iv. _a_t_T_a_ss~_o_ __. _ 1 .LS~ ...._$_3~,.0~00~.0_~0. ....$3,_0_00.~0_0 ___$~5_,2_00~._00_. _
8B .Curb R~ a__m_p~wit_h._E_xpo~se__d A~ggr_e.g
Pavex
Unit Price Amount
9_B .Curb Ramp with Colored Concre 1 EA $1,500.00 $1,500.00
10B Curb Ra[n_p_with Brickwork 3.8._EA~$1,500.00 $57,000.0o
11.B
.PC_C _P_a_v_e_m~ent__R_e_p__a~ir~ .........
~24_.cy_ .....__$_4_0_0_.~_0_ .....$9,600:00
126 AC M!l_lin_g ................._1_87.,0_0._Q.SF ....$o..3_5_..13~B . c r a_c_k _S_e_a_La_n t~ .............
~5 ,_7_5 _0_ _LF__ .....~$0.~4_o .__
14B .Interlayer Membrane 200 LF
156 Adjust Utility Box 11 t EA
166 Adjust Manhole 71 EA
17B Blue Markers 28 EA
18_B .~S_tri~p_ing, Caltrans Detail 9 177 LF
196 ._Striping, Caltrans Detail 23 4,134 LF
206 Striping, Caltrans Detail 39 1,029 LF
21B Striping, 12" White 4,558 LF
22B Striping, 4" White 4,236 LF
23B Thermoplastic Legend 159 EA
24__B____Type A Curb and Gutter 487 LF
25B Valle.y_ Gutter 204 LF
~6B Sidewalk 1,365 SF
Z7B Driveway 325 SF
Z8B PCC Sidewalk Gdnding 10 SF
Z9B Reset Catch Basin 1 EA
$65,450.00
$2,300.00
$1.40 $280.00
$200.00 $22,200.00
$300.00 $21,300.00
$8.00 $224.00
$0.60 $106.20$1.00 $4,134.00
=1.50 $1,543.50$2.50 $11,395.00$2,50 $10,580.00$50,00 $7,980.00$32.00 $15,594.00$50.00 $10,200.00$6,00
$9.00 $2,925.00
$50.00 $500,00
$1,400.0p_ .......$1,400.00
$1,700.00
$2,300.00
$600.00
$0.43
$0.32
$2.OO
$200.00
$275.00
$10.00
$0.25
$2.40
$0.55
$2.50
$0,55
$45.00
$35.00
$34.00
$6.00
$9.00
$80.00
$600.00
$1,700,00 $1,500.00 $1,500.00
$87,400.00 $2,800.00 $106,400.00
$14,400.00 $426.0o_ ......
$~.9,2_o_o.9o-
$8o,41o.oo $0.70 =13o,9oo.oo
$1,840.00 $0.27 $1,55230
$400,00
$22,200.00
$19,525.00
$280.0O
$44.25
$9,921
$565.g5
$11,395.00
$2,329.80
$7,155.00
$17,045.00
$6,936.00
$2.925.00
$800.00
$600.00
$3 00 $600.00
$275.00 $30,525.00
$500,00 $35,500.00
$15.00 $420.00
$0.~5 $61,95
$1.25 $5,167.50
$0.45 $463.05
$2.50 $I 1,395.00
$0.80 $3,388.80
$23.00 $3,657.00
$23.00 $11,201.00
$18.00 $3,672.00
$5.70 $7,780,50
$8.40 $2,730.00
$50.00 $500.00
$1,240.00 $1,240.00
~30B Curb Ramp 15 EA
31B Adjust Electrical Vault 5 EA
32B Traffic Detector Loop 2 EA
33B Inert Recycling 6,937 Ton
34B Tree Trimming 1 LS
35B Notification 1 LS
36B Traffic Control 1 LS
37B Steam Cleaning 5,000 SY
Bid Schedule B Total
$1,100.00 $16,500.00
$3,500,00 $17,500.00
$1,600.00 $3,200.00
$3.00 $20,811,00
$5,000.00 $5,000.00
$2,000.00 $2,000~00
$100,000.00 $100,000.00
$0.50 $2,500.00
$1,200,00
$900.00
$900.00
$6.00
$5,000.00
$10,000.00
$20,000.00
$1.00
$759,109,20
$18,000.00 $1,375.00 $20,625.00
$4,500.00 $2,100,00 $10,500.00
$1,800.00 $1,180.00 $2,360,00;
$41,622.00 $3.00 .$20,811.00;
$5.000.00 $5,000.00 $5,000,00
$10,000.00 $2,000.00 $2,000.00
$2p,o_oo_,o_o$~___s,o_~op:o_o- ........_=_~5_, _op._o_._o~
$8.ooo.oo$3.00 $15,ooo.oo
$812,679.00 $909,899.60
Base Bid Total
05/06/98 bid summary
!998 STREET RESURFACING PROJECT .TTACHM NT
OVERLAY STREETS
STREET FROM TO
1 Alta Mesa Avenue Irven Court Arastradero Road
2 Amaranta Avenue Los Robles Avenue Georgia Avenue
3 Ash Street Leland Avenue Stanford Avenue
4 Bibbits Drive Louis Road End
5 Bryant Street
6 Cowper Street
7 Ely Place
8 Encina Grande Avenue
Everett Avenue
University Avenue
Lundy Lane
Amaranta Avenue
Lytton Avenue
Hamilton Avenue
Alma Street
Verdosa Drive
9 Georgia Avenue
10 Hamilton Avenue
11 Hamilton Avenue
12 Hamilton Avenue
13 Lane 13 E ( alley )
14 Lundy Lane
15; Lytton Avenue
16 Miranda Court
17 i Miranda Green
18, N. Magnolia Drive
19 iPalo Alto Avenue
20 :Palo Alto Avenue
21 i Redwood Circle
22 :Stanford Avenue
23 ’University Avenue
24 i University Avenue
25 University Avenue
26 Verdosa Drive
27 ’Waverly Street
28 Webster Street
29 Wellesley Avenue
30 Alma Street
31 Arastradero Road
32 Page Mill Road
33 Embarcadero Road
34 Homer Avenue
35 W. Bayshore Road
Donald Drive End
Ramona Street Waverley Street
Waverly_ Street Cowper Street
, Cowper Street
’Ramona Street
Webster Street
~Bryant Street
Ely Place End
High Street
i Miranda Avenue
’r Miranda Avenue
=Magnolia Drive
!H-ale Street
~Emerson Street
End
rEnd
IEnd
Chaucer Street
~Tasso Street ;Webster Street
iAround the entire street
I EI Camino Real ~,Amhearst Street
i University Circle i!Emers°n Street
i Emerson Street !Webster Street
Webster Street !Middlefield Road
iEncina Grande iFIorales Drive
, Nevada Avenue i Orego_q Expressway__~
!Lytton Avenue!University Avenue
;Stanford Avenue
i Kingsley Avenue
;Page Mill Road
,Cameron Park
=’Kellogg Avenue
~Alpine Road
,Arastradero Road
Saint Francis Drive
Boyce Avenue
,Skyline Drive
;Highway 101
Alma Street
, Colorado Avenue ,Adobe Creek
998 STREET RESURFACING PROJECT
SLURRY SEAL STREETS
ATTACHMENT C
STREET FROM TO
1 Acacia Avenue El Camino Real Angle
2 Amarillo Avenue Louis Road Greer Road
3 Ash Street Stanford Avenue Oxford Avenue
4 Ash Street Oxford Avenue College Avenue
5 Bandera Drive Alexis Drive End
6 Birch Street Leland Avenue Stanford Avenue
7 Bryant Street Matadero Creek El Carmelo Avenue
8 California Avenue Hanover Street Bowdoin Street
9 Colorado Avenue Higgins Place Simking_ Court
10 Colorado Avenue Cowper Street ,B_yron Street
11 Colorado Avenue Simking_ Court W. Bayshore Road
12 Colorado Avenue Greer Road ,Higgins Place
13 Dixon Place Ely Place End
14 El Dorado Avenue ~Emerson Street Ramona Street
15 Ely Place Lundy Lane Mumford Place
16 Fabian Street ,E. Charleston Road N. San Antonio Road
17 Greer Road :Tuli_p Lane ’Tulip Lane
18 Greet Road I Loma Verde Avenue ’Thomas Drive
19 Greer Road iTulip Lane ’Embarcadero Road
20 Greer Road ’Thomas Drive Janice Way
21 ..Greer Road . Janice Way ’Thomas Drive
22 Hamilton Avenue i Guinda Street ’;Seneca Street
23 ~Hamilton Court
24 !Harriet Street
i 25 ILaurel Glen
. 26 !Louis Road
27 ILouis Road
281Louis Road
29 i Manuela Avenue
i 301Madon Avenue
31 I Marion Avenue
32 iMelville Avenue
33 tMorris Drive
34 !Nevada Avenue
: 35iOIdAdobe Road: r: 36 iOxford Avenue
37 i Oxford Avenue
38. Park Boulevard
39 ~Park Boulevard
40 iPark Boulevard
41 iPark Boulevard
42 :Parkinson Avenue
43 iRamona Street
44 ;Starr King Circle
45 ’St. Michael Drive
46 Sycamore Ddve
47 ’Wilkie Way
I Hamilton Avenue , End
I Harker Avenue !Greenwood Avenue
iAlexis Drive lEnd
iEmbarcadero Road iN. California Avenue
I Bruce Drive i Sycamore Drive
i Gailen Avenue I Bibbits Ddve
iMesa Avenue iManuela Court
~ IWebster Street iMarion Place
tMadon Place iMiddlefield Road
IMiddlefield Street ~ Fulton Street
Maddux Ddve Greer Road
Emerson Street iRamona Street
iArastradero Road I End
iAsh Street I Birch Street
iEI Camino Real iAsh Street
i Stanford Avenue i Oxford Avenue
"Oxford Avenue iCollege Avenue
¯ ~College Avenue iCambridge Avenue
Mac Lane !West Meadow Drive
i Melville Avenue i Hardet Street
iMatadero Creek IEI Carmelo Avenue
!Lindero Ddve ;Redwood Circle
iSt. Michael Court iSt. Claire Drive
i Louis Road !End, West
iGeorge Hood Lane IDuluth Circle
FORMAL CONTRACT
PUBLIC WORK CONTRACT No.
(Public Work)
ATTACHMENT D
SECTION 00500
This Contract, dated___Lx, is entered into by and between the City of Palo Alto, a chartered
city and a municipal corporation of the State of California ("City") , and. O’Grady. Paviog, Inc. , a
.California Corporation, ("Contractor")¯
For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract,
City and Contractor ("the parties") agree:
Term_. This Contract shall commence and be binding on the parties on the Date of Execution of
this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion,
or, if no such notice is required to be filed, on the date that final payment is made hereunder,
subject to the earlier termination of this Contract. This Contract may be terminated for
convenience by the City upon ten (10) days’ prior written notice.
General Scope.. of project 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 ovenants, terms and conditions of this Contract to the satisfaction of City.
The Project and Work is generally described as follows:
Title of Project:1998 Street Resurfacing Project
!.nvitation for Bids # !05424
Total Bid:$ 2.480.970.82 ......
Contract Documents. This Contract shall consist of the documents set forth below, which are on
file with the City Clerk and are hereby incorporated by reference. For the purposes of construing,
interpreting and resolving inconsistencies between and among the provisions of this Contract,
these documents and the provisions thereof are set forth in the following descending order of
precedence.
a=This Contract.
Notice Inviting Formal Bid.
Specifications and/or Scope of Work.
Drawings.
Change Orders.
Proposal and Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Affirmative Action Guidelines and Compliance Report.
Other Specifications, or part thereof, not expressly incorporated in theContract
CITY of PALO ALTO: FORMAL CONTRACT (IFB 105424)SECTION 00500-1 of 8
FORMAL CONTRACT
o
SECTION 00500
Specifications or the 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 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 Notice Inviting Formal Bids 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 certi.ficates 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.
Indemnification. Contractor agrees to protect, defend, .indemnify and hold City, its Council
members, officers, employees, agents and representatives harmless from and against any and all
claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or
judgments, arising, in whole or in part, directly or indirectly, at any time from any injury to or
death of persons or damage to property as a result of the willful acts or the negligent acts or
omissions of Contractor, or which results from Contractor’s noncompliance with any Law
respecting the condition, use, occupation or safety of the Project site, or any part thereof, or
which arises from Contractor’s failure to do anything required under this Contract or for doing
anything which Contractor is required not to do under this Contract, or which arises from conduct
for which any Law may impose strict liability on Contractor in the performance of or failure to
perform the provisions of this Contract, except as.may arise from the sole willful acts or negligent
acts or omissions of City or any of its Council members, officers, employees, agents or
representatives. This indemnification shall extend to any and all claims, demands, or liens made
or filed by reason of any work performed by Contractor under this Contract at any time during the
term of this Contract, or arising thereafter.
;
To the extent Contractor will use hazardous materials in connection with the execution of its
obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold
harmless and defend City, its City Council members, officers and employees from and against any
and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or
judgments City may incur, arising, in whole or in part, in connection with or as a result of
Contractor’s willful acts or negligent acts or-omissions under this Contract, ~under the
CITY of PALO ALTO: FORMAL CONTRACT (IFB 105424)SECTION 00500-2 of 8
,,
FORMAL CONTRACT
o
10o’
11.
SECTION 00500
Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.Co § §9601-
6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. § §6901-6992k, as
amended); the Toxic Substances Control Act (15 U.S.C. §§2601-2692, as amended); the
Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, § §25300-
25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, §§25100-
25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety
Code, § §25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances
Act (Health & Safety Code, § §25280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law.
Assumption o{ 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 oF 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.
Com~)liance 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 and affirmative action 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,Notice Inviting Formal Bids.
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=
b°
Any materials and equipment which shall be used during the course and scope of the
Project and Work shall be vested in Contractor;
Any materials and equipment which shall be used durir~g the course and scope of the
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FORMAL CONTRACT SECTION 00500
Project and Work shall be merchantable and fit to be used for the particular purpose for
which the materials are required;
Any labor and services rendered and materials and equipment used or employed during the
course and scope of the Project and Work shall be free of defects in workmanship for a
period of one (1) year after the recordation of the Notice of Substantial Completion, or, if
no such notice is required to be filed, on the date that final payment is made hereunder;
do Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed
obtained by Contractor for and in behalf of City.
e=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;
f=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 Notice Inviting Formal Bids;
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;
h=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 t~ue and accurate statements, records, reports,
resolut!ons, certifications, and other written information as may be requested of Contractor
by City from time to time during the term of this Contract;
kJ 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.
1 2. Assignment~ This Contract and the performance required hereunder is personal to Contractor, and
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FORMAL CONTRACT SECTION 00500
it shall not be assigned by Contractor. Any attempted assignment, shall be null and void.
13.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.
14.Audits by City. During the term of this Contract and for a period of not less than three (3) years
after the expiration or earlier termination of this Contract, City shall have the right to audit
Contractor’s Project-related and Work-related writings and business records, as such terms are
defined in California Evidence Code Sections 250 and 1271, as amended, during the regular
business hours of Contractor, or, if Contractor has no such hours, during the regular business
hours of City.
15.Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change
Orders, consents, designations, notices, offers, requests and statements given by either party to
the other shall be in writing and shall be sufficiently given and served upon the other party if (1)
personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express
delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number
set forth below during regular business hours of the receiving party and followed within two (2)
Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with
(1), (2) or (3) above. Personal service shall include, without limitation,, service by delivery and
service by facsimile transmission.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to:City of Palo Alto
Attn: Elizabeth Ames
Public Works Department, Engineering Division
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
(650)-329-2502 ~
FAX: (650)-329-2299
To Contractor:O’Gradv Paving In(;,
Attn: Craia E. Youna
2513 Wvandotte Street
Mountain View, CA .94043
CITY of PALO ALTO: FORMAL CONTRACT (IFB 105424)SECTION 00500-5 of 8
FORMAL CONTRACT
( 650),, 966-1926
FAX: ( 650 ),,,,966-1946
SECTION 00500
16.
17.
Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section
1 2 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials
and equipment may accrue only after such expenditures have been approved in advance in writing
in accordance with applicable Laws. This Contract shall terminate without penalty (i) at the end
of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii)
at any time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the
event of a conflict with any other provision of this Contract.
Miscellaneous.
ao 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.
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.
do
eo
Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and
Specifications (1992) of this Contract are incorporated herein by reference.
Force Majeure. Neither party shall be deemed to be in default on account of any delay or
failure to perform its obligations under this Contract which directly results from an Act of
God or an act of a superior governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect
upon the construction or interpretation of any part Of this Contract.
Incorporation of Documents. All documents constituting the Contract documents
described in Section 3 hereof and all documents which may, from time to time, be referred
to in any duly executed amendment hereto are by such reference incorporated in this
Contract and shall be deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the
entire agreement between the parties concerning the Project and Work, and there are no
other prior oral or written agreements between the parties that are not incorporated in this
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FORMAL CONTRACT SECTION 00500
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.
mo 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 legal holiday by City,
the time for performance shall be extended to the following Business Day.
Venue. In the event that suit is brought by either party hereunder, the parties agree that
trial of such action shall be vested exclusively in the state courts of California in the
County of Santa Clar.a in the City of San Jose or in the United States District Court for the
Northern District of California in the City of San Jose.
Recovery of costs. The prevailing party in any action brought to enforce the terms of this
Contract or arising out of this Contract may recover its reasonable costs, including
reasonable attorney’s fees, incurred or expended in connection with such action against
the non-prevailing party.
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FORMAL CONTRACT SECTION 00500
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:CITY OF PALO ALTO:
City Clerk
APPROVED:
By:
Its: Mayor
CONTRACTOR:
Assistant City Manager
By:
Name:
Director of Public Works Title:
Director of Administrative Services
Taxpayer I.D. No. 94-1493692,
Manager Contract Administration
(for: Risk)
APPROVED AS TO FORM:
Senior Asst. City Attorney
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FORMAL CONTRACT SECTION 00500
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)
END OF SECTION
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