HomeMy WebLinkAbout1998-08-10 City Council (18)City of Palo Alt8
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
AUGUST 10, 1998 CMR:339:98
APPROVAL OF A BUDGET AMENDMENT ORDINANCE FOR
$340,000, AWARD OF CONTRACT TO O’GRADY PAVING, INC. AND
AMENDMENT NO. 2 TO CONSULTANT AGREEMENT C4041683
WITH NOLTE AND ASSOCIATES FOR INTERSECTION
IMPROVEMENTS AT PAGE MILL ROAD/FOOTHILL
EXPRESSWAY/JUNIPERO SERRA BOULEVARD
RECOMMENDATION
Staff recommends that Council:
Approve a Budget Amendment Ordinance (BAO) for $340,000 to increase Capital
Improvement Program (CIP) Project 19073, Major Intersection Improvements. The
funding will come from the Stanford Research Park traffic impact fees already
collected.
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°
Approve and authorize the Mayor to execute a contract with O’Grady Paving, Inc., in
the amount of $1,431,229.07 for construction of intersection improvements at Page Mill
Road/Foothill Expressway/Junipero Serra Boulevard.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to .the contract with O’Grady Paving for related, additional but
unforeseen work which may develop during the project, the total value of which shall
not exceed $143,500. ....
Approve Amendment No. 2 to Consultant Agreement C4041683 with Nolte &
Associates in the amount of $49,069 for construction administration services.
DISCUSSION
The 1988 Citywide Land Use and Transportation Study recommended operational
improvements at various intersections throughout the City including the Page Mill
Road/Foothill Expressway/Junipero Serra Boulevard intersection. The intersection is under
the jurisdiction of Santa Clara County (County), which has responsibility for the maintenance
CMR:339:98 Page 1 of 4
and operation of the streets. Due to the intersection’s importance as a main thoroughfare into
the City, staff has, with County approval, taken the lead role for the intersection’s design and
construction. The County has fmal approval authority for the design plans, which were also
reviewed and approved by Stanford University.
In addition to accepting the lead role for the design and construction of the improvements,
the City also approved a Right of Entry Agreement (Agreement) with Stanford University
(CMR:338:97). The Agreement provided for the City to contribute up to $113,000 (one-third
of the cost) for construction of a soundwall to lessen noise impacts to residents in the
northwest quadrant of the intersection. In exchange for this consideration, Stanford agreed
to grant to the City, at no cost to the City or County, land required for the roadway widening.
Stanford is responsible for the design and construction of the soundwall. It is estimated that
the construction for this work will not begin before October 1998.
Project Description
The existing intersection consists of two through lanes on each approach as well as exclusive
left and right-turn lanes. There are currently no median landscaping or bicycle lanes at the
intersection. Approval of the construction contract with O’Grady Paving, Inc. (Attachment
D) will allow for additional left-turn lanes to be added to each of the legs except for Junipero
Serra; right-turn lane improvements; bicycle lane striping with detection equipment at the
intersection; median and roadside landscaping; and new traffic signals. The County has
allowed modifications to its standard geometric requirements and, as a result, the new
intersection will be roughly the same width as the existing intersection. The existing and
proposed (conceptual) geometrics are shown in Attachment A.
Bid Process
Notices inviting formal bids for the improvements were sent on June 23, 1998 to sixteen
contractors and sixteen building exchanges. The bidding period was 28 days. Bids were
received from three contractors on July 21, 1998.
Staff has reviewed all bids submitted (Attachment B) and recommends that the bid of
$1,431,229.07,-submitted by O’Grady Paving, Inc., be accepted and that O’Grady Paving,
Inc. be declared the lowest responsible bidder. The bid is 5 percent below staff,s estimate
of$1,449,000. The contingency amount of$143,500 equals approximately 10 percent of the
contract amount.
Staff has 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.
,CMR:339:98 Page 2 of 4
Consultant A~eement Amendment
In November 1993, Council approved a consultant agreement with Nolte & Associates for
design services (CMR:590:93). Amendment No. 1 to this agreement, which was approved
in May 1997, increased the fee amount to cover consultant fee inflation and the addition of
landscaping design to the scope of work (CMR:223:97). Approval of Amendment No. 2
(Attachment E) for $49,069 will provide for six months of construction administration
services such as technical support and attendance at weekly site meetings.
RESOURCE IMPACT
Council approved the FY 1993-94 project budget for CIP 19073 (Major Intersection
Improvements) in the amount of $1,000,000. Funding came from a State Transportation
Program grant of $792,000 and matching-funds of $208,000 from the City’s Traffic Impact
Fees. The original budget, which was to be used for design and construction, has been
impacted for the following reasons:
Inflation and construction boom: Council approved funding for the project in FY 1993-
94. Delays due to the soundwall negotiations with Stanford University have resulted
in a four-year inflationary factor for construction costs and increased costs due to the
high volume of construction activities in the Bay Area;
Soundwall-related costs: In order to obtain the right-of-way necessary to improve the
intersection, the City agreed to an additional noise analysis and a soundwall
construction contribution to Stanford University;
Expanded Scope: The Architectural Review Board added median landscaping as a
condition of project approval;
Contingency: Contingency funds are included to cover the increased costs.
The above items increased the project cost by roughly $624,000. Scope reductions and
unused construction contingencies for other Major Intersection Improvement CIP projects
amounting to $284,000 will be used to offset these project cost increases. A BAO for
$340,000 (Attachment C) will provide the remaining funds needed to award the construction
contract. The funds would come from the Stanford Research Park traffic impact fees.
Contributions to this fund are made by new or expanding businesses in the vicinity of the
Stanford Research Park (near Page Mill Road), to be used by the City to construct traffic
improvements to mitigate the effects of development in the Stanford Research Park area.
Staff has requested funding assistance from the Santa Clara County Roads and Airports
Department and from the Santa Clara County Congestion Management Program. Any
funding that is forthcoming from either of these sources will be used to reimburse the
Stanford Research Park Traffic Impact Fees fund.
As part of the project’s approval condition, the. County required that all new landscaping be
maintained by the City. The County’s proposed maintenance agreement has been reviewed
by the Public Works and Community Services Departments, and the City Attorney’s Office.
These comments have been returned to the County for concurrence and approval. The
CMR:339:98 Page 3 of 4
County will issue a landscaping construction permit once the agreement has been approved
and signed by the City Manager.
The additional work items resulting from the landscaping maintenance requirement will
consist of maintaining and repairing the irrigation system; caring for and replacing vegetation
as needed; manually watering the sixty-two new trees until their root systems are established;
and pruning the trees over their lifetime. Public Works Operations will use City crews to
water the new trees, but will contract-out the tree trimming. The cost of the additional
watering will be part of an ongoing annual budget for newly planted trees. Funding for the
additional tree pruning, estimated at $2,500 annually, would need to be added to the Public
Works Trees Functional Area budget for FY 99-00. The Parks Division will contract for the
maintenance of the vegetation and irrigation system at a cost of approximately $1,500
annually, beginning in FY 99-00.
POLICY IMPLICATIONS
This report does not represent any change to existing City policies.
TIMELINE
The intersection improvements are expected to be substantially complete within six months
after the start of construction.
ENVIRONMENTAL REVIEW
An Environmental Assessment recommending a N6gative Declaration was approved by
Council on July 28, 1997.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Intersection Configurations
Bid Summary
Budget Amendment Ordinance
Contract
Amendment No. 2 to Agreement C4041683
PREPARED BY: Karen Bengard, Senior Engineer
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:~ City
S. ROBERTS
of Public Works
CMR:339:98 Page 4 of 4
EXISTING
PROPOSED GREENWALL
No Scale .
EXISTING AND PROPOSED INTERSECTION CONFIGURATIONS FIGURE 3
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ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1998-99 TO
PROVIDE AN ADDITIONAL APPROPRIATION OF $340,000 FOR THE
MAJOR INTERSECTION IMPROVEMENTS CAPITAL PROJECT NUMBER
19073
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on June
22, 1998 did adopt a budget for fiscal year 1998-99; and
WHEREAS, the Major Intersection Improvements Capital
Improvement Project 19073 was established to fund improvements to
reduce traffic congestion and improve traffic flow; and
WHEREAS, as a part’ of this project, Council had previously
approved significant improvements for the intersection of Page Mill
Road, Foothill Expressway, and Junipero Serra Boulevard, at a cost
of $I,000,000; and
WHEREAS, due to delays, soundwall-related costs, and expanded
scope for the project, the total contract for the work will be
$1,623,798; and
WHEREAS, due to reduced scope of earlier projects, there are
savings in CIP 19073, Major Intersection Improvements, whichcan be
used for the work at Page Mill Road, Foothill Expressway, and
Junipero Serra Boulevard; and
WHEREAS, in-lieu fees have been collected from new or expanding
businesses in the vicinity of the Stanford Research Park for traffic
impact and mitigation, and such fees are to be used by the City to
construct traffic improvements to mitigate the effects of
development in the Stanford Research Park area; and
WHEREAS, the improvements at the intersection of Page Mill
Road, Foothill Expressway, and Junipero Serra Boulevard qualify for
use of the Stanford Research Park Traffic Impact Fees, and
sufficient funding is available; and
WHEREAS, City Council authorization is needed to amend the
1998-99 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION I. The sum of Three Hundred Forty Thousand Dollars
($340,000) is hereby appropriated to Capital Improvement Project No.
19073, Major Intersection Improvements, and the Stanford Research
Park Traffic Impact Fee Fund, a subfund of the Transportation
Mitigation Fund, is correspondingly reduced.
SECTION 2. This transaction will reduce the Stanford Research
Park Traffic Impact Fee Fund Balance from $1,227,784 to $887,784.
SECTION 3. As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 4. The Council approved a Negative Declaration for
this project on July 28, 1997.
SECTION 5. As provided in Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk .Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Director of
Services
Administrative
Director of Public Works
C : \TEMP\CIPIg073 .WPD
FORMAL CONTRACT SECTION 500
CONTRACT
Public Works Department
This Contract, dated , is entered into by and between the City of Palo Alto, a chartered
city and a municipal corporation of the State of California ("City") , and O’Grady Pavino. Inc.. a California
Corooration , ("Contractor").
For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and
Contractor ("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this
Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such
notice is required to be filed, on the date that final payment is made hereunder, subject to the ’earlier
termination of this Contract.
General Scooe of Project and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants,
terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally
described as follows:
PROJECT TITLE:PAGE MILL/FOOTHILL INTERSECTION IMPROVMENTS, Invitation For Bids
(IFB) # 107312
Base Bid:$ 1.431,229.07
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.
ao This Contract.
Notice Inviting Formal Bids.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Condition.s.
General Conditions.
Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract 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.
CITY OF PALO ALTO: FORMAL CONTRACT (IFB #107312)PAGE 1 OF 8
FORMAL CONTRACT SECTION 500
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 certificates and endorsements for each insurance policy shall be signed by a person who is authorized
by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager
to the address set forth in Section 15 of this Contract.
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members,
officers, employees, agents and representatives harmless from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in
part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a
result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s
noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any
part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for
doing anything which Contractor is required not to do under this Contract, or which arises from conduct
for which any Law may impose strict liability on Contractor in the performance of or failure to perform the
provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions
of City or any of its Council members, officers, employees, agents or representatives. This indemnification
shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by
Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations
under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend
City, its City Council members, officers and employees from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, Suits, or judgments City may incur, arising,
in whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or
omissions under this Contract, under the Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. § §9601-6975, as amended); the Resource Conservation and Recovery Act (42
U.S.C. §§6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. §§2601-2692, as
amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health& Safety Code,
§§25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, §§25100-
25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code,
§ §25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health &
Safety Code, §§25280-25299.7, as amended); or under any other local, state or federal law, statute or
ordinance, or at common law.
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to
the property of Contractor which may occur in, on, or about the Project site at any time and in any manner,
excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission
of City or any of its Council members, officers, employees, agents or representatives.
CITY OF PALO ALTO: FORMAL CONTRACT (IFB #107312)PAGE 2 OF 8
FORMAL CONTRACT SECTION 500
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver
by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this
Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the
same or any other provision, nor shall any custom or practice which may arise between the parties in the
administration of any part or provision of this Contract be construed to waive o~ 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.
10.
Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in
force pertaining to the Project and Work and this Contract, with the requirement
of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary
license or permit issued pursuant to any Law of any public agency or official as well as with any provision
of all recorded documents affecting the Project site, insofar as any are required by reason of the use or
occupancy of the Project site, and with all Laws pertaining to nondiscrimination 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.
11.Representations and Warranties. In the supply of any materials and equipment and the rendering of labor
and services during the course and scope of the Project andWork, Contractor represents and warrants:
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials
are required;
do
Any labor and services rendered and materials and equipment used or employed during the course
and scope of the Project and Work shall be free of defects in workmanship for a period of one (1)
year after the recordation of the Notice of Substantial Completion, or, if no such notice is required
to be filed, on the date that final payment is made hereunder;
Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained
by Contractorfor 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;
fo 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;
g.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
CITY OF PALO ALTO: FORMAL CONTRACT (IFB #107312)PAGE 3 OF 8
FORMAL CONTRACT SECTION 500
the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or
Project Manager or any other person who has directly contributed to City’s decision to award the
contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially
affect Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports,
resolutions, certifications, and other written information as may be requested of Contractor by City
from time to time during the term of this Contract;
ko 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
12.
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
Assiqnment. This Contract and the performance required hereunder is personal to Contractor, and it shall
not be assigned by Contractor. Any attempted assignment shall be null and void.
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 Sections250 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
CITY OF PALO ALTO: FORMAL CONTRACT (IFB #107312)PAGE 4 OF 8
FORMAL CONTRACT SECTION 500
16.
17.
Copy to:City of Palo Alto
ATT.: Karen Bengard, Project Manager
Public Works Department, Engineering Division
250 Hamilton Avenue
Palo Alto, CA 94301
To Contractor:O’Grady Paving, Inc.
Attention: Craig E. Young, Vice President
2513 Wyandoth Street
Mountain View, CA 94043
Phone: (650) 966-1926
FAX: (650) 966-1946
Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter
of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only
after such expenditures have been approved in advance in writing in accordance with applicable Laws. This
Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (ii) at any time within a fiscal y ear 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 s hall control in the
event of a conflict with any other provision of this Contract.
Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee,
and City is, therefore, not responsible for any damage to the personal property of Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall be in writing and shall be executed by a person having the express authority to grant such
approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of.California.
Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications
(1992) of this Contract are incorporated herein by reference.
eo 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.
h.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
CITY OF PALO ALTO: FORMAL CONTRACT (IFB #107312)PAGE 5 OF 8
FORMAL CONTRACT SECTION 500
written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless
such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or
other stipulation in the Contract shall define or otherwise control, establish, or limit the performance
required or permitted or to be required of or permitted by either party: All provisions, whether covenants
or conditions, shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any .corporate or partnership resolution or other
writing, which authorizes any director, officer or other employee or partner to act for or in behalf.of
Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void
or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an
independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any
rights and benefits accorded or accruing to the City Council members, officers or employees of City, and
Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to
and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation
of time hereunder, the time in which an act is to be performed shall be computed by excluding the first
Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or
any Day observed as a legal holiday by City, the time for performance shall be extended to the following
Business Day.
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 Clara 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.
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.
A-I-FEST:
City Clerk
CITY OF PALO ALTO:FORMAL CONTRACT (IFB #107312)PAGE 6 OF 8
FORMAL CONTRACT SECTION 500
CITY OF PALO ALTO
By:
Its Mayor
CONTRACTOR:
By:
Name:
Title:
Taxpayer I.D. No.
APPROVED:
Assistant City Manager
Director of Public Works
Director of Administrative Services
Insurance Review
APPROVED AS TO FORM:
Senior Assistant City Attorney
CITY OF PALO ALTO: FORMAL CONTRACT (IFB #107312) PAGE 7 OF 8
FORMAL CONTRACT SECTION 500
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
COUNTY OF )
On , before
for said County, personally appeared
me0 , a notary public in and
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
CITY OF PALO ALTO: FORMAL CONTRACT (IFB #107312)PAGE 8 OF 8
ATTACHMENT E
AMENDMENT NO. TWO TO CONTRACT NO. C4041683
BETWEEN THE CITY OF PALO ALTO AND
NOLTE & ASSOCIATES~ INC.
This Amendment No.Two to Contract No. C4041683
("Contract") 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 NOLTE & ASSOCIATES, INC., a
California corporation, located at 1 North First St., Suite 450,
San Jose, CA 95113 ("CONSULTANT").
RECITALS:
WHEREAS, the Contract was entered into between the
parties for the provision of engineering design services;
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
follows:
Section 7.1.1(b) is hereby amended to read as
"In consideration for the full
performance of the Basic Services described in
Sections 4 and 7 of this Agreement for the II
Project, CITY agrees to pay CONSULTANT a fee
not to exceed one hundred eight thousand
dollars ($108,000) for the Preliminary Design
Phase, ~one hundred sixteen thousand eight
hundred’forty-four dollars ($116,844) for the
Construction Documents Design Phase. The fee
for the Construction.Phase will not exceed
Forty-Nine Thousand Sixty-Nine Dollars
($49,069) .
SECTION 2. The following exhibit to the Contract is
hergby amended to read as set forth in the~ attachment to this
Amendment, which is incorporated in full by this reference:
a. Exhibit "A" entitled "Construction Phase".
~[~!~_Q~__~. Except as herein modified, all other
provisions of the Contract, including any exhibits and subsequent
amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties~ have by their duly
authorized representatives executed this Amendment on the date
first above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor
APPRO~/ED AS TO FORM:
Senior Asst. City Attorney
2~PPRO~/ED:
Assistant City Manager
NOLTE & ASSOCIATES, INC.
/Its:
Taxpayer I.D. No. 94-2706173
Director of Public Works
Director of Administrative
Services
Purchasing/Insurance Review
Attachment:
EXHIBIT "A":,CONSTRUCTION PHASE
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)
)
)
On ~~30~ )~, before me, the undersigned, a
nota~i~b~anGt2 for said County, personally appeare~
~er~ally ~~’to ms ~~ to me~on the basis of
satisfactory evidenceD to be the person(~ whose name(~)- s~a~
~bscribed to uhe within instrument, and acknowledged t’o me that
~/s4~t~ executed the sa~. in ~her-/th~-i-~ ~uthorized
capacity(i~s), and that by ~i.~h~_r/t~e4:r signature(~9 on the
instrument the person(~, or the entity upon behalf o~ which the
person~) acted, executed the instrument.
WITNESS my hand and official seal.
.gnature Notary Public
EXHIBIT A
PAGE MILL ROAD EXTRA WORK, CONSTRUCTION SUPPORT SERVICES
SCOPE OF SERVICES - April 27, 1998
C.CONSTRUCTION PHASE
During the Construction Phase, the Consultant will be available to assist the City, at the request
of the City, to clarify the intent of the design documents according to the provisions of the
Agreement. The budget for this phase was estimated based on a total estimated construction
phase period of 36 weeks, from award of construction to completion of construction. The
following items will be conducted, on a time and expenses basis regardless of the schedule of
construction, at the request of the City:
1. Attend one pre-construction meeting.
2. Respond to design questions through telephone communication or written addenda.
Review shop drawings and project submittals for specification and construction
document compliance.
Review requests for information and change orders.
Visit the project site up to 24 times for the purpose of attending weekly project meetings or
perform a field review of progress to discuss outstanding issues, provide technical
clarifications of the PS&Q, and review on-going work relative to the intent of the.plans and
specifications.
4.Prepare record drawings and submit in hard copy and electronic media as qualified in this
Agreement.
Inspection services for roadway, electrical or other related duties are not included in this scope,
but could be provided extra work to this contract,
NOLTE and ASSOCIATES, lnc n:~sj010594’ Scope_Const.doc
EXHIBIT B
CONSTRUCTION SUPPORT
FEE ESTIMATE
TASKS
Assoc.Jr.CADD Total
Assoc Engr Engr Tech II Hours
$124 $97 $70 $76 by Task
C. Construction Support
1 Attend Pre Construction Meeting 41
Respond to RFI’s, shop dwgs., submittal 24 88
Attend weekly mtgs. (24 total)15’72
Prepare Record Drawings 4 8
48
40
Total 43 172 48
** - Sub $ include $4500 request from MTH for additional design services
4O
4
160
87
52
303
Subs /
Reimbursable
Costs
20,653
$ 20,653
Total
Dollars
b~/Task
$
$
$
$
388
35,525
8,844
4,312
49,069
Certificate of Insurance
Agency Name and Address:
PROFESSIONAL PRACTICE INSURANCE BROKERS, INC.
10 CALIFORNIA STREET
REDWOOD CITY CA 94063-1513
(650) 369-5900 Fax: (650) 366-1455
Insureds Name and Address:
NOLTE AND ASSOCIATES, INC.
1750 CREEKSIDE OAKS DR., #200
SACRAMENTO CA 95833
THIS CERTIFICATE IS ISSUED AS A MATTER OF
INFORMATION ONLY AND CONFERS NO RIGHTS UPON
THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED THE POLICIES LISTED BELOW.
Companies Affording Policies:
A: AMERICAN MOTORISTS INSURANCE CO. - SF
B: AMERICAN MOTORISTS INSURANCE CO. - SF
c:
D: AMERICAN MOTORISTS INSURANCE CO. - KSA
E: CONTINENTAL CASUALTY COMPANY
F:
COVERAGES: THIS IS TO CERTIFY THAT 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.
TYPE OF INSURANCE POLICY NUMBER EFF, DATE EXP. DATE POLICY LIMITS
A
B
C
D
GENERAL LIABILI’rY
Commercial General Liabilit
__ Claims Made
~’. Occurrence
Owner’s and Contractors
Protective
AUTO LIABILITY
Any Automobile
All Owned Autos
Scheduled Autos
Hired Autos
Non-owned Autos
Garage Liability
EXCESS LIABILITY
Umbrella Form
Other than Umbrella Form
WORKERS’
COMPENSATION
AND EMPLOYER’S
LIABILITY
E PROFESSIONAL
LIABILITY*
F
7KW409000-01
7KQ409000-01
7CW30554701
AEN 616-19-04
3/15/98
3/15/98
ALTO
lED
1998
5/1/98
5/15/98
3/’~ 5/99
3/15/99
5/1/99
5/15/99
General Aggregate:$2,000,000
Products-Com/Ops
Aggregate:$2,000,000
Personal and Adv. Injury $1,000,000
Each Occurrence:$1,000,000
Fire Dmg. (any one fire):$1,000,000
Combined Single Limit:$1,000,000
Bodily Injury/person:$0
Bodily Injury/accident:$0
Property Damage:$0
Each Occurrence:
Aggregate:
Statutory Limits
Each Accident:$1,000,000
Disease/Policy Limit:$1,000,000
Disease/Employee:$1,000,000
Aggregate $1,000,000
Description of OperationslLocationsNehicleslRestrictionslSpecial Items:
All operations of the Named Insured. General Liability only: The City of PaiD Alto, its officers, agents and employees are named as additional insureds
but only as respects liability arising out of the Named Insureds’ operations in project no. SJ0105, Los Trancos and Page Mill Road/Foothill
Expressway Intersection Improvements; such coverage is primary as respects any insurance carried by the additional insured with respect to work
performed by the Named Insured; this policy contains a severability of interest clause.
*Written at aggregate limits of liability not less than amount shown.
Certificate Holder:
CITY OF PALO ALTO
CIVIC CENTER, FIRST FLOOR
250 HAMILTON AVE.
PALO ALTO CA
ATTN: JOHN CARLSON
94303
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS
PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED.
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR
REPRESENTATIVES WILL ENDEAVOR TO MAIL 30 DAYS WRITrEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE
SHALL IMPOSE NO LIABILITY OR OBLIGA~’ION ON THE INSURANCE COMPANY, ITS
AGENTS OR REPRE~
[] personally known to me -OR-,~
Witness
{SEAL)
~roved to me on the
asis of satisfactoryevidence to be the
person(s) whose name(s)~s/are subscribed to thewithin instrument and
acknow!edged to me.that
he/she/t.~ey executed thesame in his/her/theirauthorized capacity(ies),and that by his/her/their
.signature(s) on theinstrument the person(s),or the entity upon behalfof which the person(s)
.acted, executed theinstrument.
my hand and official seal.
OF NOTARY)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE
MUST BE ATFACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
T~le or Type of Document
Number of Pages ~ Data of Document
Sigrter(s) Other Then Named Above
RIGHT THUMBPRINT {Optional)
CAPACITY CLAIMED BY SIGNERIS)
~INDIVIDUAL{SI
[~}CORPORATE
OFFICER{S)
F’IPARTNER(S)~LIMITED
F3GENERAL
r-IATTORNEY IN FACT
r3TRUSTEE(S)
F1GUARDIAN/CONSERVATOR
r’]OTHER:
SIGNER I$ REPRESENTING:
{Name of Person{s) or Entity(ie=)
RIGHT THUMBPRINT {Optional}
CAPACITY CLAIMED BY SIGNER(S)
~INDIVIDUAL(S}
~ICORPORATE
OFFICERIS)
I-IpARTNERIS|. ~LIMITED
I-IGENERAL
[~ATTORNEY IN FACT
[’3TRUSTEE)S}
F3GUARDIAN/CONSERVATOR
~OTHER:
SIGNER IS REPRESENTING:
(Name of Per~on(a} or Entity(ies)
WOLCOTTS FORM ~3237 Rev. 3-94 (p~ice lesl 8-2A| ~)1994 WOLCOTTS FORMS, INC,
ALL PURPOSE ACKNOW1.EDGMENT FOR CALIFORNIA W1TH SIGNER CAPACITY/RI~PRESENTATION/TWO FINGERPRINTS
7 8