HomeMy WebLinkAbout1999-06-21 City Council (10)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:JUNE 21, 1999 CMR:282:99
SUBJECT:APPROVAL OF COOPERATIVE AGREEMENT WITH THE SANTA
CLARA VALLEY TRANSIT AUTHORITY, APPROVAL OF AN
AGREEMENT WITH THE COUNTY OF SANTA CLARA AND
AWARD OF CONTRACT IN THE AMOUNT OF $2,859,885 TO
GRANITE ROCK COMPANY, DBA PAVEX CONSTRUCTION, FOR
THE 1999 STREET MAINTENANCE CAPITAL IMPROVEMENT
PLAN PROJECT #9630
REPORT IN BRIEF
This report requests Council approval of the 1996 Measure B Pavement Management
Program Cooperative Agreement with the Santa Clara Valley Transit Authority (VTA);
approval of the agreement with County of Santa Clara and approval of an award of contract
to Granite Rock Company, (DBA Pavex Construction), for the annual Street Maintenance
Capital Improvement Project #9630.
On November 5, 1996, a General Election was held in Santa Clara County. Voters passed
Measure A, an advisory measure establishing transportation funding priorities for Santa Clara
County, and M(asure B,. which imposes a one-half cent retail and sales tax for a period of
nine years to fund certain transportation improvements. The City of Palo Alto annual street
maintenance project is eligible for funding under the County’s Measure B Pavement
Management Program (PtvIP). These funds are designated to expand pavement maintenance
projects, thus increasing the number of repaired and replaced City streets beyond that of the
City’s annual pavement maintenance project budget.
In March 1999, the Santa Clara County Board of Supervisors approved a FY1999 allocation
to Palo Alto in the anaount of $1,251,843 and proposed an additional $1,251,843 in FY2000.
Staff has increased the scope of the annual street resurfacing project to include improvements
to be funded by the City’s Measure B allocation. Funding for the additional scope is
budgeted in the Proposed FY 1999/00 budget. Award of the construction contract is subject
to Council’s approval of the budget. A notice to proceed will not be issued until that time.
CMR:282:99 Page t of 4
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached agreement with the Santa
Clara Valley Transit Authority.
Approve and authorize the Mayor to execute the attached agreement with the
County of Santa Clara.
o Approve and authorize the Mayor to execute the attached contract with Pavex
Construction in the amount of $2,859,885 for the 1999 Street Maintenance Project.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract with Pavex Construction for related, additional but
unforeseen work which may develop during the project, the total value of which shall
not exceed $290,000.
BACKGROUND
Annually, Public Works Engineering manages the resurfacing and reconstruction of various
City streets. The candidate streets are surveyed and rated biannually by a computerized
Pavement Maintenance Management System (PMMS). The project typically encompasses
approximately 8 lane miles of asphalt concrete paving and approximately 10 lane miles of
slurry sealing per year. The project budget averages $2 million per year.
On September 16, 1996, Council approved endorsement of Santa Clara County Measure A,
an advisory measure establishing transportation funding priorities for Santa Clara County and
Measure B, which would impose a one-half cent retail and sales tax for a period of 9 years
to fund certain transportation improvements (CMR:390:96). On November 5, 1996, a
General Election was held in Santa Clara County and voters passed Measures A and B.
In March 1999, the Santa Clara County Board of Supervisors approved a FY1999 allocation
to the City of Palo Alto in the anaount of $1,251,843 and forwarded to the City for approval
the 1996 Measure B Pavement Management Program Cooperative Agreement with the Santa
Clara Valley Transit Authority (Attachment D), and a Cooperative Agreement between
County of Santa Clara and the City of Palo Alto (Attachment E). An additional $1,251,843
is proposed for FY2000 and will go before the Board of Supervisors for approval next year.
The City’s annual street maintenance project is eligible for funding. The funds will be
designated to expand pavement maintenance projects, thus increasing the number of repaired
and replaced City streets beyond the City’s annual pavement maintenance project budget.
This additional funding will allow 11 additional lane miles of streets to receive an asphalt
overlay as part of this project.
CMR:282:99 Page 2 o1’4
DISCUSSION
Project Description
The project scope of work includes overlaying 19 lane miles (Attachment B) and slurry
sealing 11 lane miles (Attachment C) of City streets. Nineteen of the thirty lane miles that
will be resurfaced are located south of Oregon Expressway. As part of the asphalt overlay
and slurry seal work, related work includes thermoplastic striping and various concrete
repairs such as curb ramps, curb and gutters, and sidewalks. Curb ramps and striping will
be re-installed to comply with the guidelines established in the Americans with Disabilities
Act.
Following the award of contract, businesses and residents affected by the project will b~
notified. The contractor will also hand deliver door hanger notices seven days and 24 hours
in advance of the construction work. Work is expected to start in July, and be completed in
October 1999.
Bid Process
A notice inviting formal bids for the 1999 Street Maintenance Project was issued on May 18,
1999, and sent to 13 builders’ exchanges and 4 general contractors. The bidding period was
21 days. Bids were received from 3 qualified contractors on June 8, 1999, as listed on the
attached bid summary (Attachment A). Bids ranged from a high of $3,032,467 to a low bid
of $2,859,885. Contractors not responding indicated that they did not submit a bid because
they were too busy bidding other jobs. -
Staff has reviewed all bids submitted and recommends that the bid of $2,859,885 submitted
by Pavex Construction be accepted and that Pavex Construction be declared the lowest
responsible bidder. The bid is-6.8 percent above the engineer’s estimate of $2,677,969. The
change order amount of $290,000, which equals 10 percent of the total contract, is requested
because it is anticipated that unforeseen problems and/or conflicts may arise during the
construction periOd.
Staff checked references supplied by the contractor for previous work performed and found
no significant complaints. Staff also checked with the Contractor’s State License Board and
found that the contractor has an active license on file.
RESOURCE IMPACT
Funding in the amount of $2,280,000 is budgeted in the Street Maintenance Capital
Improvement Project #9630 for FY 1998/99. The additional $869,885 is budgeted in the
proposed FY 1999/00 budget. The award of construction contract is subject to Council
approval of the FY 1999/00 budget. The City will receive the $1,251,843 (a disbursement
of 20 percent of the funds from the County of Santa Clara and the remaining 80 percent from
VTA will be received 10 days after receipt of the signed agreements). The State-Local
CMR:282:99 Page 3 of 4
Transportation Partnership Program grant, which in prior years reimbursed a portion of the
expenditure, was eliminated and is no longer available.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
This project is exempt from the provisions of the California Environmental Quality Act and
no further environmental review is required.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Bid Summary
List of Asphalt Overlay streets
List of Slurry Seal streets
1996 Measure B Pavement Management Program Cooperative Agreement
Cooperative Agreement Between County of Santa Clara and City of Palo
Alto for the Advance of Measure B Pavement Management Program Funds
Contract
PREPARED BY:
DEPARTMENT HEAD:
Elizabeth Ames, Senior Engineer
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
~SON
Assistant City Manager
CMR:282:99 Page 4 of 4
Bid
Item#
1999 STREET MAINTENANCE PROGRAM, ClP 18670/18971
ATTACHMENT A
BID SUMMARY
Bid Item ENGINEERS ESTIMATE PAVEX
Description Quantity Unit Unit Pdce Amount Unit Price Amount
Base Bid Schedule
1 1/2" Oveday 9,046 Ton $47,00 $425,162.00 $45.00 $407,070.00
2 Slum/Seal 545 Ton $115.00 $62,675.00 $115,00 $62,675.00
3 ~,C Leveling Course t,081 Ton $55.00 $59,455.00 $60.00 $64,860,00
4 Pavement Fabnc 938,263 SF $0.10 $93,826.30 $0.09 $84,443.67
5 ~Vedge Cut 30,767 LF $1.80 $55,380.60 $1.75 $53,842,25
6 t~C Pavement Repair 6"6,093 Ton $70.00 $426,510~00 $90.00 $548,370.00
7 PCC Pavement Repair 178 CY $600.00 $106,800.00 $410,00 $72,980,00
8 3" AC Milling 179,031 SF $0.35 $62,660,85 $0,50 $89,515,50
~ CmckSealant 38,521 LF $0.40 $15,408.40 $0,55 $21,186.55
1(~ Interlayer Membrane 4,000 LF $1.40 $5,600.00 $1.50 $6,000.00
11 Adjust Utility Box 210 EA $220.00 $46,200,00 $225.00 $47,250.00
12 Adjust Manhole 59 EA $300.00 $17,700.00 $350,00 $20,650.00
13 Survey Monument 5 EA $350.00 $1,750.00 $410.00 $2,050.00
14 Blue Markers 102 EA $9.00 $918.00 $7,00 $714,00
15 Striping, Caltrans Detail 1 4,337 LF $0.30 $1,301.10 $0.30 $1,301.:10
18 Striping, Caltrans Detail 4 530 LF $0.50 $265.00 $0.70 $371.00
17 Striping, Caltrans Detail 10 1,040 LF $0.60 $624.00 $0.70 $728.00
18 Striping, Caltrans Detail2!5,499 LF $0.75 $4,124.25 $1,25 $6,873,75
1~ Striping, Caltrans Detail 22 6,800 LF $1.00 $6,800.00 $2,50 $17,000.00
20 Striping, Caltrans Detail 23 7,891 LF $2.00 $15,782.00 $2.25 $17,754.75
21 Striping, Caltrans Detail 39 5,887 LF $0.63 $3,708.81 $1.25 $7,358.75
22 Striping, 12"V~rnite 1,984 LF $2.00 $3,968.00 $4.00 $7,936.00
23 Striping, !2" Yellow 80 LF $2,00 $160.00 $4.00 $320.00
24 Striping, 8"White 200 LF $2.00 $400.00 $1.50 $300.00
25 Striping, 4"Venire 511 LF $0.55 $281.05 $0.75 $383.25
28 Striping Removal 5,040 LF $1.00 $5,040.00 $2.50 $12,600.00
27 Thermoplas~JcLegend 144 EA $47.25 $6,804,00 $110.00 $15,840.00
28 Type A Curb and Gutter 2,926 LF $30.00 $87,780.00 $25.00 $73,150.00
29 Type B Curb and Gutter 3,191 LF $32.00 $102,112.00 $35.00 $111,685.00
3C Valley Gutter 202 LF $35.00 $7,070,00 $40.00 $8,000,00
311 Curb Ramp 87 EA $1,200.00 $104,400.00 $1,000.00 $87,000.00
32! Sidewalk 23,177 SF $7.50 $173,827.50 $7.50 $173,82730
331Ddveway 8,213 SF $8.50 $69,810.50 $10,00 $82,130.00
34i Brickwork 631 SF $15.00 $9,465.00 $11.00 $6,941.00
35! PCC Sidewalk Gdnding 82 SF $50.00 $4,100,00 $13,00 $1,066.00
36 Adjust Catch Basin 14 EA $1,400.00 $19,600.00 $1,000.00 $14,000.00
37i Raise Catch Basin 1 EA $1,700.00 $1,700.00 $1,600,00 $1,600.00
38 Class 2 Aggregate Base 1,970 TON $50,00 $98,500.00 $25.00 $49,250.00
39iAdjustElectdcelVault 6 EA $1,500.00 $9,000.00 $2,000.00 . _$12,000,00
40i Traffic Detector Loop 2 EA $1,100.00 $2,200.00 $900.00 $1,800.00
41! Inert Recycling 11,709 Ton $5.00 $58,545.00 $6.50 $76,10850
42 Tree Tdmming 1 T&M $35,000.00 $35,000.00 $35,000.00 $35,000,00
43 Notification 1 LS $5,000.00 $5,000.00 $2,500,00 $2,500.00
44 Traffic Control 1 LS $100,000.00 $100,000.00 $!62,267,99 $162,267,99
Base Bid Schedule Total $2,317,414.36 $2,468,779.56
O’GRADY PAVING
Unit Pdce Amount
$46.00 $416,116.00
$160,00 $87,200.00
$55.00 $59,455.00
$0.10 $93,826.30
$1.20 $36,920.40
$76.00 $463,068 00
$620,00 $110,360.00
$0.35 j $62,660.85
$0.50 $19,260,50
$2.50 $10,000.00
$200.00 $42,000.00
$275.00 $16,225.00
$275.00 $1,375,00
$8.00 $816,00
$0.33 $1,431.21
$0.80 $424.00
$0.80 $832.00
$1.40 $7,698.60
$1.90 $12,920.00
$1.90 $!4,992.90
$1.00 $5,887.00
$3.50 $6,944.00
$3.50 $280.00
$2,00 $400.00
$1.00 $511.00
$2.20 $11,088.00
$130.00 $18,720.00
$41.00 $119,966.00
$45.00 $143,595.00
$65,00 $13,130,00
$1,300,00 $113,100.00
$8.50 $197,004.50
$9,00 $73,917.00
$20,00 $12,620.00
$90.00 $7,380.00
$450,00 $6.300~00
$600,00 $600.00
$60,00 $118,200.00
$1,000,00 $6,000.00
$900,00 $1,800.00
$2.50 $29,272.50
$35,000,00 $35,000.00
$40,000,00 $40,000.00
$75,000.00 $75,000.00
$2,494,296.76
G. BARTOLOTTO
Unit Pdce Amount
$47.49 $429,594.54
$130.00 $70,850.00
$57.49 $62,146.69
$0.10 $93,826.30
$!.25 $38,458.75
$101,00 $615,393.00
$303.00 $53,934.00
$0.41 $73,402.71
$1,00 $38,521.00
$3.00 $12,000.00
$280.00 $58,800.00
$315.00 $18,585.00
$280.00 $1,400.00
$10.00 $1,020.00
$0,50 $2,168,50
$1.00 $530.00
$1.00 $1,040.00
$1.40 $7,698.60
$3.00 $20,400.00
$2.50 $19,727.50
$1.50 $8,830.50
$4.50 $8,928.00
$5.00 $400.00
$2.00 $400.00
$1.00 $511.00
$3.00 $15,120.00
$130.00 $18,720.00
$35.00 $102,410.00
$35,00 $111,685.00
$40.00 $8,080.00
$1,600,00 $139,200.00
$9,00 $208,593.00
$9,00 $73,917.00
$25.00 $15,775.00
$10.00 $820.00
$1,O00.00 $t4,000.00
$1,500.00 $1,500.00
$50,00 $98,500.00
$5,000~00 $30,000.00
$1,500.00 $3.000.00
$3.00 $35,127.00
$35,000.00 $35,000.00
$27,000,00 $27,000,00
$85,000.00 $85,000,00
$2,662,013.09
1999 STREET MAINTENANCE PROGRAM, CIP 18670/18971
ATTACHMENT A
BID SUMMARY
Bid Bid Item
Item # Description
Add Alternate #1
ENGINEERS ESTIMATE
Quantity Unit Unit Pdce Amount
1 1 1/2" Oveday 424 Ton $47.00 $19,928.00
2 PavementFabdc 45,211 SF $0.10 $4,521.10
3 Wedge Cut 3,404 LF $1.80 $6,127.20
4 AC Pavement Repair 6"561 Ton $70~00 $39,270.00
5 3" AC Milling 4,720 SF $0.35 $1,652~00
6 Crack Sealant 395 LF $0.40 $158.00
7 Adjust U~lity Box 15 EA $220.00 $3,300.00
8 Adjust Manhole 3 EA $300.00 $900.00
9 Blue Markers 2 EA $9.00 $18.00
10 Striping, Caltrans Detail21 55 LF $0.75 $41,25
11 Striping, 12" White 21 LF $2.00 $42.00
12 Thermoplastic Legend 4 EA $47.25 $189.00
13 Type A Curb and Gutter 101 LF $30.00 $3,030,00
14 Type B Curb and Gutter 78 LF $32.00 $2,496,00
15 Curb Ramp 4 EA $1,200.00 $4,800,00
16 S~dewalk 530 SF $7.50 $3,975.00
17 Ddveway 65 SF $8.50 $552.50
18 Brickwork 39 SF $15.00 $585.00
19 PCC S~dewalk Gdnding 5 SF $50.00 $250.00
20 Inert Recycling 857 Ton $5.00 $4,285,00
21 Tree Tdmming 1 T & M $3,000,00 $3,000.00
22 Notification 1 LS $500.00 $500.00
23 Trefllc Control 1 LS $5,000,00 $5,000.00
Add A~ternate #1 Total $104,620.05
PAVEX
Unit Pdce Amount
$50.00 $21,200.00
$0,12 $5,425.32
$1,65 $5,616.60
$90.00 $50,490.00
$0.65 $3,068.00
$0,55 $217.25
$200,00 $3,000.00
$400.00 $1,200.00
$7,00 $14,00
$1.25 $68.75
$3.00 $63.00
$110.00 $440.00
$32.00 $3,232.00
$34.00 $2,652.00
$1,145.00 $4,580.00
$15~00 $7,950.00
$20.00 $1,300.00
$16.00 $624.00
$13.00 $65.00
$6.25 $5,356.25
$3,000.00 j $3,000.00
$1,000.00 $1,000,00
$6,000.00 $6,000.00
$126,562.17
O’GRADY PAVING
Unit Pdce Amount
$46.00 $19,504.00
$0.15 $6,781.65
$1.20 $4,084.80
$76,00 $42,636.00
$0,50 $2,360,00
$0.50 $197.50
$200.00 $3,000.00
$250.00 $750,00
$8.O0 $16.00
$1.50 $82.50
$4.00 $84.00
$130.00 $520.00
$42.00 $4,242.00
$45.00 $3,510.00
$1,300.00 $5,200.00
$8.50 $4,505.00
$9,00 $585,00
$20.00 $780.00
$90.00 $450.00
$2.50 $2,142,50
$3,000.00 $3,000.00
$3,000.00 $3,000.00
$5,000.00 $5,000.00
$112,430.95
G. BARTOLOTTO
Unit Pdca Amount
$47.49 $20,135.76
$0,10 $4,521.10
$1.25 $4,255.00
$101.00 $56,661.00
$0.41 $1,935.20
$1.00 $395.00
$280.00 $4,200.00
$315.00 $945.00
$10.00 $20.00
$2,00 $110.00
$5.00 $105.00
$130.00 $520.00
$40.00 $4,040.00
$45.00 $3,510.00
$1,600.00 $6,400,00
$9.00 $4,770.00
$9.00 $585.00
$25,00 $975.00
$t0.00 $50.00
$3.00 $2,571.00
$3,000.00 $3,000.00
$2,700.00 $2,700.00
$3,000.00 $3,000.00
$125,404.06
Bid Bid Item
Item # Description
Add Alternate #2
ENGINEERS ESTIMATE
Quantity Unit Unit Pdca Amount
PAVEX
Unit Pdce Amount
O’GRADY PAVING
Unit Pdce Amount
11 1/2"Overlay 395 Ton $47.00 $18,565.00 $50.00 $19,750.00 $46,00 $18,170.00
2 AC Leveling Course 202 Ton $55.00 $11,110.00 $5500 $11,110.00 $55.00 $11,110.00
3 PavementFabnc 42,139 SF $0~10 $4,213.90 $0.11 $4,635.29 $0~15 $6,320.85
4 Wedge Cut 756 LF $1.80 $1,360.80 $2.50 $1,890.00 $1.20 $907.20
5 AC Pavement Repair 6"72 Ton $70,00 $5,040.00 i $115.00 $8,280.00 $76.00 $5,472.00
6 PCC Pavement Repair 39 CY $600.00 $23,400,00 i $410.00 $15,990.00 $620.00 $24,180.00
7 3" AC Milling 32,159 SF $0.35 $11,255.65 $0.50 $16,079.50 $0,30 $9,647.70
8 ~reckSealant 4,598 LF $0.40 $1,839.20 $0.55 $2,528.90 $0,50 $2,299.00
S Interlayer Membrane 1,000 LF $1,40 $1,400.00 $1,00 $1,000.00 $3,00 $3,000.00
10 Adjust Utility Box 7 EA $220.00 $1,540,00 $225.00 $1,575.00 $200,00 $1,400.00
11 Adjust Manhole 3 EA $300,00 $900.00 $400,00 $1,200.00 $250,00 $750,00
12 Blue Markers 3 EA $9.00 $27.00 $7,00 $21.00 $3.00 $9.00
13 Striping, Caltrens Detail 21 91 LF $0.75 $68,25 $1,25 $113.75 $1.50 $136,50
14 Striping, 12" White 50 LF $2.00 $100.00 $3,00 $150.00 $4.00 $200,00
15 Thermoplastic Legend 5 EA $47.25 $236.25 $110.00 $550.00 $130.00 $650.00
16 Type A Curb and Gutter 220 LF $30.00 $6,600.00 $25.00 $5,500.00 $42.00 $9,240.00
17 3urb Ramp 6 EA $1,200.00 $7,200.00 $1,100.00 $6,600.00 !$1,300.00 $7,800.00
18 Sidewalk 500 SF $7.50 $3,750.00 $13.00 $6,500.00 $8.50 $4,250.00
19 Ddveway 785 SF $8.50.$6,672.50 $12.00 $9,420.00 $9.00 $7,005.00
20 E~dckwork 9 $15.00 $135.00 $17.00 $153.00 $20,00 $180.00
21 ~,djust Catch Basin 1 EA $1,400.00 $1,400.00 $1,200,00 $1,200.00 $700.00 $700.00
22 iTreffic Detector Loop 1 EA $1,10000 $1,100.00 $900.00 $900.00 - -$900.00 $900.00
23 Inert Recycling 592 Ton $5.00 $2,960.00 $6.25 $3,700,00 $2.50 $1,480.00
24 Tree Tdmming 1 T & M $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00
25 Notifica~on 1 LS $1,000.00 $1,000.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00
26 Traffic Control 1 LS $2,000.00 $2,000.00 $6,000.00 $6,000.00 $4,000.00 $4,000.00
G. BARTOLO’I-FO
Unit Pdce Amount
$47.49 $18,758.55
$57.49 $11,612.98
$0.10 $4,213.90
$1.25 $945,00
$101.00 $7,272.00
$303.00 $11,817.00
$0.41 $13,185.19
$1.00 $4,598.00
$3~00 $3,000.00
$280.00 $1,960.00
$315.00 $945.00
$10.00 $30.00
$2.00 $182.00
$4.00 $200.00
$130.00 $650.00
$45.00 $9,900.00
$1,600.00 $9,60O.00
$9.00 $4,500.00
$9.00 $7,065.00
$25.00 $225.00
$315.00 $315.00
$1,500.00 $1,500.00
$3.00 $1,776.00
$2,000.00 $2,000,00
$2,000.00 $2,000.00
$3,0O0,00 $3,000.00
$121,250,62Add Alternate #2 Total $115,873.55 $127,846.44 $123,867.25
1999 STREET MAINTENANCE PROGRAM, CIP 18670/18971
ATTACHMENT A
BID SUMMARY
B~d B~d Item
Item # Description
Add Alternate #3
1 1/2" Oveday
2 AC Leveling Course
3 Pavement Fabnc
4 PCC Pavement Repair
5 3" AC Milling
6 Crack Sealant
7 Interlayer Membrane
8 Adjust Utility Box
9 Adjust Manhole
10 Blue Mad~ers
11 Striping, 12"VVhite
12 Thermoplastic Legenrl
13 Type A Curb and Gutter
14 ?_,urb Ramp
15 ;idewalk
16 Brickwork
!7 Inert Recycting
18 Tree Tdmming
19 Notification
20 Traffic Control
Add Alternate #3 Total
ENGINEERS ESTIMATE PAVEX
Quantity Unit Unit Pnce Amount Unit Pnca Amount
532 Ton $47.00 $25,004.00 $47.00 $25,004.00
355 Ton $55.00 $19,525.00 $55.00 $19,525.00
37,653. SF $0.10 $3,765.30 $0 11 $4,141.83
99 CY $600,00 $59,400.00 $410.00 $40,590.00
37,653 SF $0,35 $13,178.55 $0.50 $18,826.50
1,175 LF $0,40 $470.00 $0.55 $646.25
500 LF $1,40 $700.00 $1.00 $500.00
16 EA $220.00 $3,520.00 $200.00 $3,200.00
1 EA $300.00 $300.00 $350.00 $350.00
3 EA $9.00 $27.00 $7.00 $21.00
188 LF $2.00 $376,00 $3,00 $564.00
10 EA $47.25 $472.50 $110.00 $1,100.00
24 LF $30.00 $720.00 $38,00 $912.00
2 EA $1,200.00 $2,400.00 $1,100,00 $2,200.00
625 SF $7.50 $4,687.50 $15,00 $9,375.00
10 $15.00 $150.00 $16,00 $160.00
573 Ton $5.00 $2,865.C0 $6.25 $3,581.25
1 T & M $1,000.00 $1,000.00 $1,000.00 $1,000.00
1 LS $500.00 $500.00 $1,000,00 $%000,00
1 LS $1,000.00 $1,000.00 $4,000,00 $4,000.00
$140,060.85 $136,696.83
O’GRADY PAVING
Unit Pnce Amount
$46.00 $24,472.00
$55,00 $19,525 00
$0,15 $5,647.95
$620,00 $61,380.00
$0.30 $11,295.90
$0.50 $587.50
$2.50 $1,250.00
$200.00 $3,200.00
$275.00 !$275.00
$8.001 $24.00
$4.00 $752.00
$130.00 $1,300.00
$42.00 $1,608.00
$1,300.00 $2,600.00
$8.50 $5,312.50
$20.00 $200.00
$2.50 $1,432.50
$1,000.00 $1,000.00
$2,800~00 $2,800.00
$5,000.00 $5,000.00
$149,062.35
G BARTOLOTTO
Unlt Pnca Amount
$47.49 $25,264.68
$57.49 $20,408.95
$0.10 $3,765.30
$303.00 $29,997,00
$0.41 $15,437.73
$1.00 $1,175.00 i
$3.00 $1,500.00
$280.00 $4,480.00
$315.00 $315.00
$10.00 $30.00
$4.00 $752.00
$130.00 $1,300,00
$45.00 $1,080.00
$1,600.00 $3,200.00
$9.00 $5,625.00
$25,60 $250.00
$3.00 $1,719.00
$1,000.00 $1,000.00
$3,000.00 $3,000.00
$3,500.00 $3,500.00
$123,799.66
TOTAL WITH ADD ALTS $2,677,968.81 $2,859,885.00 $2,879,657.31 $3,032~467.43
1999 STREET MAINTENANCE PROGRAM, CIP 18670/18971
ATTACHMENT B
LIST OF ASPHALT OVERLAY STREETS
STREET FROM
1 Agnes Way Oregon Expressway
2 Arastradero Road city Limit, near Page Mill Road
3 Bryant Street Hawthorne Avenue
4 Byron Street San Antonio Road
5 Celia Drive Agnes Way
6 Chaucer Street University Avenue
7 Colonial Lane Moreno Avenue
8 Cork Oak Way Ames Avenue
9 Cork Oak Way Ames Avenue
10 Cowper Street Channing Avenue
11 Dana Avenue Center Drive
12 David Avenue Loma Verde Avenue
13 Dennis Drive Agnes Way
14 Everett Avenue Kipling Street
15 i Everett Avenue Waverley Street
16 Fulton Street Hamilton Avenue
17 Fulton Street Everett Avenue
18 Greet Avenue Channing Avenue
19 Grove Avenue Mayview Avenue
20 Grove Cul-de-Sac 1 Grove Avenue
21 High Street Addison Street
22 High Street Hawthorne Avenue
23 Homer Avenue Waverley Street
24 Lane 39 Hamilton Avenue
25 Lincoln Avenue Bryant Street
26 May Court Mayview Avenue
27 Melville Avenue Guinda Street
28 Murdoch Court Murdoch Drive
29 Oregon Avenue Bryant Street
30 Oregon Expwy. Ramp F Oregon Expressway
31 Page Mill Road city Limit, East of Foothill Park
32 Ramona Street Channing Avenue
33 Ross Road,~lathan Drive
34 Sequoia Avenue Castilleja Avenue
35 South Court Oregon Avenue
36 Staunton Court Oxford Avenue
37 Thomas Drive Greer Road
38 W. Bayshore Channing Avenue
39 W. Bayshore Loma Verde Avenue
40 W. Crescent Drive University Avenue
41 Waverley Avenue Colorado Avenue
42 Waverley Avenue Nevada Avenue
43 Waverley Avenue Ruthven Avenue
44 Waverley Avenue Ruthven Avenue
45 Wilkie Way Tennessee Avenue
TO
Celia Drive
City Limit, near Alpine Rd.
Palo Alto Avenue
End
Burnham Way
Hamilton Avenue
Greer Road
End-North
End-South
Addison Street
Newell Avenue
Stelling Road
Burnham Way
Cowper Street
Kipling Street
Forest Avenue
Palo Alto Avenue
Tulip Lane
Adobe Creek
End
Embarcadero Road
Everett Avenue
Webster Street
Forest Avenue
Alma Street
End
Harker Avenue
End
Emerson Street
Birch Street
Mile Marker 2.5
Kingsley Avenue
Louis Road
Escobita Avenue
N. California Avenue
College Avenue
End
City Limit
Oregon Expwy.
Hamilton Avenue
El Dorado Avenue
N. California Avenue
Hawthorne Avenue
Palo Alto Avenue
West Charleston Road
1999 STREET MAINTENANCE PROGRAM, CIP 18670/18971
ATTA(3HMENT (3
LIST OF SLURRY SEAL STREETS
STREET
1 Barron Avenue
2 Calcaterra Place
3 Cambridge Street
4 Donald Drive
5 Fabian Way
6 Hutchinson Avenue
7 Keats Court
8 La Donna Avenue
9 Laurel Glen Drive
10 Louis Road
11 Louisa Court
12 Mackay Court
13 Mackay Drive
14 MacLane
15 Manuela Avenue
16 Manuela Avenue
17 Montrose Avenue
18 No California Avenue
19 Oregon Avenue
20 Parkside Drive
21 Piers Court
22 Pomona Avenue
23 Ramona Street
24 Rincon Circle
25 Scripps Avenue
26 Scripps Court
27 South Court
28 South Court
29 Talisman Court
30 Transport Street
31 Whitsell Avenue
FROM
La Donna Avenue
Mackay Drive
Yale Avenue
Georgia Avenue
E. Meadow Drive
Channing Avenue
Middlefield Road
Barton Avenue
Alexis Drive
Bibbits
Newell Road
Mackay Drive
Ferne Avenue
Park Avenue
Robb Road
Mesa Avenue
Sutherland Drive
Louis Road
St. Francis Drive
Scripps Avenue
Louis Road
Glenbrook Drive
Colorado Avenue
Los Robles Avenue
Ben Lomond Drive
Scripps Avenue
Matadero Creek
Loma Verde Avenue
Ross Road
S. San Antonio Road
Matadero Avenue
TO
Josina Avenue
End
IEI Camino Real
Arastradero Avenue
W. Bayshore Road
Harker Avenue
End
San Jude Avenue
End
Charleston Road
End
End
N. San Antonio Road
Second Street
Manuela Court
4186 Manuela Avenue
Charleston Road
Santa Ana Street
Santa Catalina Street
Green Meadow Way
End
Arastradero Avenue
El Dorado Avenue
End
Feme Avenue
End
El Carmelo Avenue
El Carmelo Avenue
End
End
Barton Avenue
ATTACHMENT D
1996 MEASURE B PAVEMENT MANAGEMENT PROGRAM
COOPERATIVE AGREEMENT
This Agreement is between the Santa Clara County Transit District, also known as the Santa
Clara Valley Transportation Authority, (VTA) and the City of Palo Alto (City), collectively
referred to herein as the Parties.
This Agreement is made with reference to the following facts:
A.VTA, through its Congestion Management Program, has been designated by the County of
Santa Clara (County) as the Program Manager for the 1996 Measure B Pavement
Management Program (PMP) funds.
B.Pursuant to that designation, VTA is responsible for disbursing Measure B funds to
eligible City projects in accordance with its agreement with the County.
C.This Agreement specifies the conditions under which VTA will disburse Measure B funds
to the City for the PMP.
D. City has received a copy of PMP Policies and Procedures.
It is agreed between the Parties as follows:
Section 1.PMP Funding
County will authorize the allocation of Measure B funds to City for eligible projects under the
PMP. This authorization is the maximum spending authority for all City projects under the
PMP. Such spending authority may be increased or adjusted by the County from time to
time. The initial allocation to City is $1,251,843.
Section 2. Approval of Requests for Funds
City shall submit requests for the use of PMP funds to VTA on a project-by-project basis.
Each request shall be made on forms provided by VTA and in accordance with the PMP
Policies and Procedures. City shall submit documentation showing that its City Council has
approved each request. Upon review and approval of the Request for Funds, VTA shall
disburse funds to City within 10 days of receipt of the complete request form and
documentation. City may submit requests for funding of eligible projects up to the funding
amount described in Section 1 above. Funds not requested prior to July 31, 2004 shall no
longer be available for projects under the PMP.
1996 Measure B PMP Cooperative Agreement
App.legal.4.19.99
Page 1
4/22/99
Section 3. PMP Project Requirements
City shall implement and complete its PMP projects that have been funded under this
Agreement no later than July 31, 2004. City shall use PMP funds only for eligible project
expenses as provided in the PMP Policies and Procedures. City shall comply with the
Maintenance of Effort Certification, Pavement Management System Certification, reporting
and other requirements of the PMP Policies and Procedures.
Section 4. PMP Exemption
If City intends to use PMP funds for transportation capital projects, City shall submit a PMP
Exemption Request form, certifying it has no unmet pavement management needs and would
like to allocate PMP funds to other eligible congestion relief projects, as described in the
PMP Polices and Procedures.
Section 5. Audit
City’s performance under this Agreement shall be subject to examination and audit by the
County and VTA. This agreement shall be subject to the examination and audit of the State
Auditor pursuant to Government Code Section 8546.7 for a period of three years after final
payment hereunder.
Section 6. Indemnification
City shall defend, indemnify and save harmless VTA from all claims, suits or actions arising
from the performance by City of its duties under this Agreement.
Section 7.Additional Terms and Conditions
City shall:
Maintain, or Cause to be maintained, adequate records to fully document the receipt and
expenditure of Measure B funds disbursed to City under this Agreement and any interest
accrued thereon.
Bo Apply all funds, and the interest on those funds, received under this Agreement toward
eligible projects and eligible project costs as provided by the PMP Policies and
Procedures. The application of any such interest to other projects shall be at the
discretion of VTA after consultation with the County. Unexpended PMP funds shall be
returned to VTA’s PMP trust account.
Allow VTA to audit all expenditures relating to City’s PMP projects and to require all
recipients of funds allocated under this Agreement to fully cooperate with such audits.
For the duration of the PMP projects, and for three years following completion of the
projects, City shall promptly furnish at the request of VTA, or an independent auditor
selected by VTA, all records relating to project performance and financial management.
Page 2
1996 Measure B PMP Cooperative Agreement
App.legal.4.19.99 4/22/99
Do
Eo
Submit on a yearly basis financial reports to VTA one month after the end of the fiscal
year. ("Fiscal year" means the period starting July 1 and ending June 30.) Each report
shall itemize the expenditure of the funds, including any interest accrued, progress to
date in the implementation of each funded project, and any unused portion of its
disbursement. Annual reports shall be submitted until each project is completed and all
funds disbursed to City have been expended.
Conduct an end-of-program audit after City has fully expended its PMP funds and
completed all projects, and submit audited financial reports to VTA.
Use the County and VTA-approved logo and signage for all Measure B PMP projects, as
specified below:
(1) The logo shall be posted on signs placed at the site of all construction.
(2) The logo shall be prominently placed on any printed material intended for public
consumption associated with the projects, including project related transit schedules,
brochures, handbooks, maps created for public distribution, and promotional
material.
G.Credit the County as a funding source and VTA as the Program Manager in any articles,
news releases or other publicity materials for the PMP projects which are produced or
caused to be produced by the City.
H.Assure that all funds received under this Agreement are expended in accordance with all
applicable provisions of law for projects that are implemented by the City, and to require
the other recipients of funds for the City’s PMP projects to do the same.
Maintain its current level of City funding for pavement repair as provided in the PMP
Policies and Procedures and certify to VTA as required in the CMP Policies and
Procedures that City will continue its Maintenance of Effort throughout the duration of
the program.
VTA shall:
A.Disburse funds to City up to the limits of the County’s maximum City Measure B
allocation.
B.Monitor Program status to ensure that City is in compliance with PMP Policies and
Procedures.
C.Prepare a yearly program financial report which will include financial reports received
from City and submit the report to the County Executive’s Office.
D.Prepare an end-of-program financial report, which will include audited financial reports
received from City and submit the report to the County Executive’s Office.
1996 Measure B PMP Cooperative Agreement
App.legal.4.19.99
Page 3
4/22/99
Section 7. Amendments
Amendments to this Agreement shall be made in writing and signed by the authorized
representatives of both aarties.
1996 Measure B PMP Cooperative Agreement
App.legal.4.19.99
Page 4
4/22/99
In Witness Whereof, the Parties have executed this Agreement as of the latest date shown
below.
City of Palo Alto
(city)
Santa Clara County Transit District
Dated:Dated:
June Fleming, City Manager
Approved As To Form:
Peter M. Cipolla, General Manager
Approved As To Form:
City Attorney Robert A. Weers, Senior Assistant Counsel
1996 Measure B PMP Cooperative Agreement
App.legal.4.19.99
Page 5
4/22/99
ATTACHMENT E
COOPERATIVE AGRE~
BETWEEN
COUNTY OF SANTA CLARA
AND
FOR THE ADVANCE OF MEASURE B
PAVEMENT MANAGEMENT PROGRAM FUNDS
This AGREEMENT is made and entered into as of this __ day of ,1999, by and
between the COUNTY OF SANTA CLARA, hereinafter referred to as "COUNTY" and
, hereinafter referred to as "SPONSOR".
RECITALS
1. COUNTY and SPONSOR hereby desire to enter into a cooperative agreement
pursuant to and in furtherance of"Measure A," an advisory measure passed by the voters to
indicate the general opinion of the COUNTY as to whether new sales tax revenues shall be used to
fund certain transportation improvements, and "Measure B," pursuant to which a ½ cent retail and
sales tax for general county purposes was enacted for a period of nine years commencing April 1,
1997 and terminating March 31, 2006:
2. The COUNTY has preliminarily established the Pavement Management Program
("PMP") to implement certain goals of Measure A, and allocated funds (hereinafter referred to as
Measure B PMP funds) for disbursement to SPONSOR during Fiscal Year 1999. The COUNTY
will make immediately available to the SPONSOR a PMP grant in the amount of 20% of
SPONSOR’S total Fiscal Year 1999 PMP allocation. Subject to approval by the Board of
Supervisors, the COUNTY intends to provide funding for the balance of the PMP when the
COUNTY adopts a Base Case Plan for the expenditure of Measure B funds. The COUNTY
further intends to provide 80% of the funds allocated to the PMP for disbursement in Fiscal Year
1999, as well as all the funding in subsequent years, to the VTA with the exception of the County
Roads and Airports Department which will be funded by the COUNTY. The VTA will administer
the PMP program under a future agreement with the COUNTY and pursuant to separate
agreements between the VTA and each of the cities and the COUNTY.
3, The COUNTY has adopted the Policies and Procedures for the PMP attached
hereto as EXHIBIT A and incorporated herein by this reference ("PMP Policies") Under the
PMP Policies, Measure B PMP Funds are made available to SPONSOR to help fund certain
maintenance and repair work on city and county streets and expressways, including certain
development costs for projects eligible under the PMP. Project development costs are limited to
20% of SPONSOR’S PMP program as a whole. Measure B PMP Funds are allocated by
COUNTY. Unless otherwise indicated herein, the term PMP GRANT refers to any Measure B
PMP Funds appropriated to SPONSOR trader this AGREEMENT.
4. SPONSOR desires to engage in certain activities in connection with one or more
projects for the maintenance and repair work on city streets, the County expressway system and/or
roads in unincorporated areas of the County in accordance with the PMP, each such project
hereinafter referred to as "PROJECT."
NOW, THEREFORE, in consideration of the foregoing, the COUNTY and SPONSOR do
hereby agree as follows:
,SPONSOR AGREES:
SECTION~I
1. For each PROJECT approved and funded by COUNTY, to apply the PMP
GRANTS received under this AGREEMENT to eligible project expenditures incurred in
connection with the PROJECT(s), and consistent with the terms and conditions specified in this
AGREEMENT and the PMP Policies, as such PMP Policies relate to eligible project expenditures,
including, without limitation, the Maintenance of Effort requirement contained in the PMP Policies.
2. To allow COUNTY, or any independent auditor selected by COUNTY, or the
VTA to audit any and all of the project costs and expenditures relating to each PROJECT funded
through this AGREEMENT. For the duration of each PROJECT, and for four (4) years following
completion of the PROJECT, SPONSOR shall make available to COUNTY, or any independent
auditor selected by COUNTY, or the VTA all records aJad invoices relating to costs and expenses
incurred by it in performance of this AGREEMENT.
3. To provide overall management of PROJECT(s) inc.luding responsibility for
schedule, budget, and oversight of services performed by others and to be responsible for
evaluation, selection, and management of consultants and contractors.
4. To coordinate with COUNTY to provide appropriate recognition to COUNTY,
including but not limited to recognition in flyers and other publicly distributed materials, in press
releases, at groundbreakings, ribbon cuttings and other public ceremonies, and, on projects of
significant size and duration, to install a sign or signs approved by the COUNTY at the site of the
PROJECT that identifies Measure B and the COUNTY as a funding source for the PROJECT.
5. Upon request, to provide copies to COUNTY of all executed contracts and other
PROJECT documents between SPONSOR and others involved in a PROJECT. Copies of such
executed contracts shall be retained for four (4) years following completion of a PROJECT.
6. Upon request and subject to such reasonable terms and conditions as the County
may impose, to submit to COUNTY project status reports consistent with a process and format as
reasonably determined by COUNTY.
7. To comply with all relevant requirements of applicable law relating to the
application and/or expenditage of the funds and to be bound by, and to include such requirements in
any contracts or other agreements which it may enter into with recipients of Measure B PMP
Funds.
SECTION H
COUNTY AGREES:
1.To take appropriate action to provide an immediate PMP GRANT in the amount
of $(i.e., 20 % of SPONSOR’S total Fiscal Year 1999 PMP allocation) to
SPONSOR for eligible PMP project costs and expenses in accordance with the terms and
conditions of this AGREEMEN’r.
2.To provide the balance of the funding for Fiscal Year 1999 in the amount of
$.(i.e., 80% of SPONSOR’S total Fiscal Year 1999 PMP allocation), and,
subject to appropriation by the Board of Supervisors, to provide all of SPONSOR’S PMP
allocation for subsequent years to the VTA pursuant to a separate funding agreement between the
VTA and the COUNTY for disbursement to SPONSOR in accordance with separate agreements
between the VTA and each of the cities and the COUNTY.
3. Subject to appropriation by the Board of Supervisors, the COUNTY intends to
provide further funding in subsequent years as follows: (INSERT HERE ALL OF THE
AMOUNT FOR THIS SPONSOR IN SUBSEQUENT YEARS.)
4..To provide timely notice if an audit is to be conducted.
5. If applicable, to provide guidelines for reports to be provided by SPONSOR in
accordance with SECTION I, paragraph 6 of this AGREEMENT.
SECTION HI
IT IS MI_YFUALLY AGREED:
1. Term: Eligible project costs for the PROJECT(s) shall be financed from PMP
GRANTS when incurred by SPONSOR, provided they are consistent with the terms and
conditions of this AGREEMENT and the PMP Policies. The term of this AGREEMENT shall
commence from the date this AGREEMENT is executed and shall terminate on the fn’st anniversary
of last PMP GRANT hereunder ("Termination Date"). The foregoing notwithstanding, all
obligations of SPONSOR agreed to-hereunder shall survive the Termination Date, including but not
limited to those listed in Section I above and paragraph 3 of this Section below. The Termination
D~te may be modified only if mutually agreed to in writing by both SPONSOR and COUNTY.
Any appropriated but unexpended funds related to this AGREEMENT as of the Termination Date
shall be used by SPONSOR for Other, non-development costs and expenditures relating to the
PROJECT.
2. .Cap on PROJECT development costs: In no event shall the project development
costs for projects funded by PMP GRANTS exceed twenty percent (20%) of the total amount of
the COUNTY PMP grant made to SPONSOR and to the VTA for SPONSOR’S benefit.
3. Indemni .ty: Neither COUNTY nor any officer or employee thereof, shall be
responsible for, and SPONSOR shall fully indemni£-y and hold harmless COUNTY against any
damage or liability occurring by reason of anything done or omitted to be done by SPONSOR
under or in connection with any work, authority or jurisdiction delegated to SPONSOR under this
AGREEMENT. It is also understood and agreed that, pursuant to Government Code section
895.4, SPONSOR shall fully indemnify and hold COUN~’Y harmless.from any liability imposed for
injury as defined by Government Code Section 810.8 occurring by reason of anything done or
omitted to be done by SPONSOR under this AGREEMENT or in connection with any work,
authority or jurisdiction delegated to SPONSOR under this AGREEMENT.
4.Notice_.__.._s:
COUNTY:SPONSOR:
Office of the County Executive
County of Santa Clara
County Govt. Center, East Wing
70 West Hedding Street
San Jose, California 95110
Attn:
Telephone:
Fax:
Telephone:
Fax:
By executing this AGREEMENT, each of the parties acknowledges and agrees that the
persons identified above, or any other person designated by either party to AGREEMENT by:
notice to the other party, is authorized to execute documents and to bind the party with respect to
this AGREEMENT in accordance with the procedures set forth in Section llI, paragraph 7 below.
5. Additional Acts and Document.~: Each party agrees to do all such things and take
all such actions and to make, execute, and deliver such other documents and instruments as shall be
reasonably requested to carry out the provisions, intent, and purpose of the AGREEMENT.
6. Integration: This AGREEMENT represents the entire AGREEMENT of the
parties with respect to the subject matter hereof. No representations, warranties, inducements, or
oral agreements have been made by any of the parties except as expressly set forth herein or in
other contemporaneous written agreements.
7. Amendment: This AGREEMENT may not be changed, modified, or rescinded
except in writing, signed bY all parties hereto, and any attempt at oral modification of this
AGREEMENT shall be void and of no effect.
8. Independent Agency: SPONSOR renders its services under this AGREEMENT
as an Independent agency. None of the SPONSOR’s agents or employees shall be agents or
employees of the COUNTY.
9. Assignment: This AGREEMENT may not be assigned, transferred, hypothecated,
or pledged by any party without the express written consent of the other party.
10. Binding on Successors: This AGREEMENT shall be binding upon the
successor(s), assignee(s), or transferee(s) of COUNTY or SPONSOR as the case may be. This
provision shall not be construed as an authorization to assign, transfer, hypothecate, or pledge this
AGREEMENT other than as provided above.
11. Severabili _ty: Should any part of this AGREEMENT be determined to be
unenforceable, invalid, or beyond the COUNTY of either party to enter into or carry out, such
determination shall not affect the validity of the remainder of this AGREEMENT which shall
continue in full force and effect, provided that the remainder of this AGREEMENT cart, absent the
excised portion, be reasonably interpreted to give effect to the intentions of the parties.
12. Limitation: All obligations of COUNTY under the terms of this AGREEMENT are
expressly subject to-the COUNTY’s continued authorization-to collect and expend the sales tax
proceeds provided by Measure B. If for any reason COUNTY’s fight to collect or expend such
sales tax proceeds is terminated or suspended in whole or part, COUNTY shall promptly notify
SPONSOR, and the parties shall consult on a course of action, if, after twenty-five (25) wofldng
days, a course of action is not agreed upon by the parties, this AGREEMENT shall be deemed
terminated by mutual consent without further obligation or liability on the part of either party,
provided that any further obligation to fund from the date of the notice shall be expressly limited by
and subject to (i) the.lawful ability of COUNTY to expend sales tax proceeds for the purposes of
this AGREEMENT; and (ii) the availability, taking into consideration all obligations of COUNTY
under all outstanding contracts, agreements and other obligations of COUNTY, of funds for such
purposes.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the date set forth
above.
"COUNTY"
COUNTY OF SANTA CLARA
"SPONSOR"
PETE McHUGH, Chairperson
By:
ATTEST:PHYLLIS A. PEREZ, Clerk
Board of Supervisors
ATTEST:
APPROVED AS TO FORM
AND LEGALITY:
WILLIAM I. ANDERSON
Assistant County Counsel ,
APPROVED AS TO FORM:
Legal Counsel
ATTACHMENT F
FORMAL CONTRACT SECTION 500
CONTRACT No.
(Public Work)
This Contract, number 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 Granite Rock Company dba Pavex
Construction, 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, at the end of the last fiscal year covered by the agreement hereunder, subject to the earlier termination
of this Contract.
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 covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
Title of Project: 1999 Street Maintenance Project Invitation for Bid (IFB) Number: 115993
Total Bid: $ 2,859,885.00 (Base Bid and Alternates No. 1, No. 2 and 3)
Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the City
Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving
inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof
are set forth in the following descending order of precedence.
This Contract.
Invitation For Bid.
Project Specifications.
Drawings.
Change .Orders.
Bid. ,
Supplementary Conditions.
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.
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to
Contractor the amount set fortl~ 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.
o Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance
coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by the
Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal
CITY OF PALO ALTO: IFB 115993 PAGE 1 OF 7
FORMAL CONTRACT SECTION 500
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.
o 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 ~o 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.
o Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the
property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting
such loss, injury; or damage as may be caused by the sole willful act or negligent act or omission of City or any
of its Council members, officers, employees, agents or representatives.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by
City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by
Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other
provision, nor shall any custom or practice which may arise between the parties in the administration of any part
or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of
Contractor in strict compliance with the covenants, terms and conditions of this Contract.
Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force
pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other
similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of
any public agency or official as well as with any provision of all recorded documents affecting the Project site,
insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to
nondiscrimination in employment and hazardous materials.
10.Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date
of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Invitation For Bid.
PAGE 2 OF 7CITY OF PALO ALTO: IFB 115993
FORMAL CONTRACT SECTION 500
11.Representations and Warranties, In the supply of any materials and equipment and the rendering of labor and
services during the course and scope of the Project and Work, Contractor represents and warrants:
Any materials and equipment which shall be used during the course and scope of the Pr, oject and Work
shall be vested in Contractor;
Co
Any materials and equipment which shall be used during the course and scope of the Project and Work
shall be merchantable and fit to be used for the particular purpose for which the materials are required;
Any labor and services rendered and materials and equipment used or employed during the course and
scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after
the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the
date that final payment is made hereunder;
d°Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by
Contractor for and in behalf of City.
Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and
correct at the time such information is submitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the
terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For Bid;
go Contractor has the power and authority to enter into this Contract with City, that the individual executing
this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be
executed, delivered and performed pursuant to the power and authority conferred upon the person or
persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project
Manager or any other person who has directly contributed to City’s decision to award the contract to
Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect
Contractor’s ability to perform under the Contract;
Contractor has furnished and will ~urnish 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
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
12.Assignment 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
CITY OF PALO ALTO: IFB 115993 PAGE 3 OF 7
FORMAL CONTRACT SECTION 500
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
Public Works Department, Engineering Division
250 Hamilton Ave
P.O. Box 10250
Palo Alto, CA 94303
Attn: Elizabeth Ames, Project Manager
To Contractor:Granite Rock Company dba Pavex Construction
330 Blomquist Street
Redwood City, CA 94063
Attn: John Franich, Vice President and General Manager
16.
17.
Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter
of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only
after such expenditures have been approved in advance in writing in accordance with applicable Laws. This
Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are only appropriated for
a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the
event of a conflict with any other provision of this Contract.
Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee,
and City is, therefore, not responsible for any damage to the personal property of Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall be in writing and shall be executed by a person having the express authority to grant such
approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
CITY OF PALO ALTO: IFB 115993 PAGE 4 OF 7
FORMAL CONTRACT SECTION 500
d.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.
Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral or
written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless
such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other
stipulation in the Contract shall define or otherwise control, establish, or limit the performance required
or permitted or to be required of or permitted by either party. All provisions, whether covenants or
conditions, shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other
writing, which authorizes any director, officer or other employee or partner to act for or in behalf of
Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void
or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an
independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any
rights and benefits accorded or accruing to the City Council members, officers or employees of City, and
Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to
and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation
of time hereunder, the time in which an act is to be performed shall be computed by excluding the first
Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or
any Day observed as a legal holiday by City, the time for performance shall be extended to the following
Business Day.
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,
CITY OF PALO ALTO: IFB 115993 PAGE 5 OF 7
FORMAL CONTRACT SECTION 500
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.
ATTEST:
CityClerk
APPROVED ASTO FORM:
CITY OF PALO ALTO
By:
Its: Mayor
Senior Assistant City Attorney
APPROVED:GRANITE ROCK COMPANY dba PAVEX CONSTRUCTION
Assistant City Manager
Director of Public Works
By:
Name:
Title:
Director of Administrative Services
Contract Manager (Insurance Review)
By:
Name:
Title:
(Compliance with California Corporations Code Section 313
is required if the entity on whose behalf this contract is signed
is a corporation. In the alternative, a certified corporate
resolution attesting to the signatory authority of the individuals
signing in their respective capacities is acceptable)
CITY OF PALO ALTO: IFB 115993 PAGE 6 OF 7
FORMAL CONTRACT SECTION 500
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
COUNTY OF )
On , before me,
in and for said County, personally appeared
, a notary public
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
CITY OF PALO ALTO: IFB 115993 PAGE 7 OF 7