HomeMy WebLinkAboutStaff Report 361-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: SEPTEMBER 14, 2009 CMR:361:09
REPORT TYPE: REPORTS OF OFFICIALS
SUBJECT: Adoption of a Budget Amendment Ordinance for Fiscal Year 2010 to
Accept $1,085,000 in Federal American Recovery and Reinvestment
Act "Stimulus" Funding and Approval of a Contract With A. Ruiz
Construction Company & Associates, in the Amount of $1,105,648 for
the 2009 Street Maintenance Program San Antonio and Lytton
Asphalt Overlay Capital Improvement Program Project PE·86070
RECOMMENDATION
Staff recommends that Council:
1. Adopt the attached Budget Amendment Ordinance (BAO) in the amount of $1,085,000
(Attachment A) to accept American Recovery and Reinvestment Act (ARRA) stimulus
funding for Capital Improvement Program (CIP) Project PE·86070 2009 Street
Maintenance Program San Antonio and Lytton Asphalt Overlay Project;
2. Approve and authorize the City Manager or his designee to execute the attached contract
with A. Ruiz Construction Company & Associates (Attachment B) in an amount not to
exceed $1,105,648 for the 2009 Street Maintenance Program San Antonio and Lytton
Asphalt Overlay Capital Improvement Project PE-86070; and
3. Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with A. Ruiz Construction Company & Associates, for related,
additional but unforeseen work which may develop during the project, the total value of
which shall not exceed $110,565.
BACKGROUND
The Public Works Engineering Division manages construction contracts for concrete pavement
repair, preventative maintenance, resurfacing and reconstruction of various city streets on an
annual basis. The candidate streets are surveyed biannually by Public Works Engineering staff
and then rated by a computerized pavement management system (PMMS). In past years, the
annual projects have typically encompassed approximately eight lane miles of asphalt concrete
paving and eight lane miles of preventative maintenance in the form of slurry or cape seals. The
annual budget for these past contracts averaged approximately $2.8 million and included all
phases of the project. Since 2003, the Public Works Engineering Division has implemented
multi-phased resurfacing projects by bidding one phase for concrete repairs and preparation, a
second phase for preventative maintenance and a third phase for asphalt concrete resurfacing.
CMR:361:09 Page 1 of4
This method of phasing has proved to be more cost effective by avoiding the typical 15%
markup on concrete work and preventative maintenance work previously included in asphalt
resurfacing contracts because the work was subcontracted out. This contract is for a
supplemental overlay project in addition to the annually schedule phase due to the additional
funding received from the ARRA. This funding will allow for an additional 5.6 lane miles to be
resurfaced and will create approximately 65 new jobs.
In April 2009, Council approved a Resolution authorizing the City Manager or his designee to
submit an application to the Metropolitan Transportation Commission (MTC) for a grant from
the first cycle of federal ARRA Program funding for local streets and roads rehabilitation
projects (CMR 225:09). The funding was subsequently granted and approval of a BAO is
needed to accept the funding awarded by the Federal government stimulus program.
DISCUSSION
Project Description
Per ARRA guidelines, all ARRA funds shall be used on arterial or collector streets. Arterial and
collector streets make up 37% of all lane miles within the City of Palo Alto. Of this 37%,
approximately one third are backlog streets in need of reconstruction. A federal grant of
approximately $15 million would be needed to resurface all of these streets. In order to make the
decision on which streets to allocate the grant funding, Public Works Engineering staff reviewed
the list of eligible streets, their pavement conditions, and all planned utility projects. It was then
recommended that the available funding be requested for San Antonio Avenue and North San
Antonio Avenue (the frontage road) from Middlefield Road to Alma Street, Lytton Avenue from
Florence Street to Guinda Street, and Guinda Street from Lytton Avenue to University Avenue.
The work included in this contract includes asphalt milling and paving, asphalt base repairs,
concrete base repairs, placement of interlayer membranes, crack filling, sidewalk, driveway,
curb, and catch basin replacements, street restriping, raising of manholes and utility vaults to the
new pavement elevations and asphalt recycling. The work locations for this project are shown
on the Project Location Map (Attachment C).
The resurfacing of San Antonio Road follows completion of the San Antonio Avenue Median
Improvement Project (PE-00I04) and will repair and resurface the roadway adjacent to the
medians.
This contract also includes the construction of seven (7) new curb ramps with detectable warning
surfaces and the installation of thirty-one (31) detectable warning surfaces on existing ramps
throughout the project streets in compliance with the Americans with Disabilities Act (ADA). A
detectable warning surface is a standardized surface feature built in or applied to walking
surfaces or other elements to warn visually impaired people of hazards on a circulation path.
Truncated dome detectable warning surfaces are required on curb ramps by ADA guidelines and
in accordance with the 2007 Public Works Standard Drawings and Specifications.
Bid Process
On July 7, 2009, a notice inviting formal bids for the 2009 Street Maintenance Program San
Antonio and Lytton Asphalt Overlay Capital Improvement Project was posted at City Hall, and
was sent to twelve (12) builder's exchanges and sixteen (16) contractors. The bidding period
CMR:361:09 Page 2 of4
was 35 calendar days. Bids were received from six (6) qualified contractors on August 11,2009
as listed on the attached Bid Summary (Attachment D).
ummaryo 1 S fB'd P rocess
Bid NamelNumber 2009 Street Maintenance Program San Antonio and
Lytton Asphalt Overlay Project
Proposed Length of Project 95 calendar days
Number of Bid Packages Mailed to 16 Contractors
• Number of Bid Packages Mailed to 12 Builder's Exchanges
• Total Days to Respond to Bid 35
Pre-Bid Meeting? Yes
Number of Bids Received: 6
Bid Price Range (Base bid plus From a low of$I,105,647.80 to a high of $1,471,03.1.20 i three alternates
Bids ranged from a high of $1,471,031.20 to a low bid of $1,105,647.80 and ranged from 15%
above to 14% below the engineer's estimate. The engineer's estimate ranked exactly in the
middle of the six bids received. Staff has reviewed all bids submitted and recommends that the
bid totaling $1,105,647.80 submitted by A. Ruiz Construction Company & Associates be
accepted and that A. Ruiz Construction Company & Associates be declared the lowest
responsible bidder. The change order amount of $110,564.78, which equals 10 percent of the
total contract, is requested for related, additional, but unforeseen work which may develop
during the project.
The lowest responsible bidder, A. Ruiz Construction Company & Associates, has not worked
with the city on previous asphalt projects. Staff investigated the references and found no
significant complaints. Staff also checked with the Contractor's State License Board and found
that the contractor has an active license on file.
RESOURCE IMPACT
Funds for this project are from two funding sources. The $1,085,000 of stimulus funding comes
from the American Recovery and Reinvestment Act (ARRA) and the remaining $131,212.58 is
included in the FY 2010 Capital Improvement Program Street Maintenance Project, PE-86070.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA)
under Section 15301c of the CEQA Guidelines as repair, maintenance and/or minor alteration of
the existing facilities and no further environmental review is necessary.
ATTACHMENTS
Attachment A: Budget Amendment Ordinance
Attachment B: Contract
Attachment C: Location Map
Attachment D: Bid
CMR:361:09 Page 3 of4
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
CMR:361:09
MATT BRUNNINGS
Engineer
IL J j{jJ --
GLENN S. ROBERTS
Director of Public Works
Page 4
ATTACHMENT A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR FISCAL YEAR 2010 TO ACCEPT
$1,085,000 IN FEDERAL AMERICAN RECOVERY AND REINVESTMENT
ACT STIMULUS FUNDING
The Council of the City
follows:
Palo Al to does ORDAIN as
SECTION 1. The City Council of the City of Palo Al to
finds and determines as fol
A. Pursuant to the provisions of Section 12 Article III of
the Charter the City of Palo Alto, the Council on June 15, 2009
did adopt a budget for Fiscal Year 2010; and
B. In scal Year 2010, the City Council approved an
appropriation of $1,803,635 for the Capital Improvement Program
Project PE-86070, Street Maintenance to be funded from the Gas Tax
Fund and the Infrastructure Reserve of the Capital Project Fund;
and
C. Subsequent to the approval of the Fiscal Year 2010 capital
budget, the received a grant of $1,085,000 from the Federal
American Recovery and Reinvestment Act Stimulus Funding to fund
additional street maintenance programs; and
D. Amendment to the Fiscal Year 2010 capit budget is
necessary to accept the funding awarded by the federal government
and increase appropriation to the street maintenance programs;
and
E. City Council authorization is needed to amend
Year 2010 budget as hereinafter set forth.
scal
SECTION 2. Grant revenue of One Million Eighty Five Thousand
Dollars ($1,085,000) from the Fede American Recovery and
Reinvestment Act Stimulus Funding is hereby received.
SECTION 3. The sum of One Million Eighty Five Thousand
Dollars ($1,085,000) is hereby appropriated to CIP Project PE-
86070, Street Maintenance bringing total appropriation Fiscal
Year 2010 to Two Million Eight Hundred Eighty Eight Thousand Six
Hundred Thirty Dollars ($2,888,635).
SECTION 4. The transactions above will have no impact on the
General Fund Budget Stabilization Reserve and Capital Project Fund
Infrastructure Reserve.
SECTION 5. As specified in Section 2.2B.OBO(a) of the Palo
Al to Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 6. The Council of the City of Palo Alto hereby finds
that this is not a project under the California Environmental
Quality Act and, therefore, no environmental impact assessment is
necessary.
SECTION 7.
Municipal Code,
adoption.
As provided in Section 2.04.330 of the Palo Alto
this ordinance shall become effective upon
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk
APPROVED AS TO FORM:
C ty Attorney
APPROVED:
Mayor
y Manager
rector of
Department
rector of
Services
Works
strative
FORMAL CONTRACT
CONTRACT No. C10132889
(Public Work)
Public Works Department
ATTACHMENT B
SECTION 500
This Contract, number C10132889 dated ______ is entered into by and between the City of Palo Alto, a
California Charter City ("City"), and A. Ruiz Construction Company & Associates, Inc. ("Contractor').
For and in consideration of the covenants, terms, and conditions (*the provisions*) of this Contract, City and Contractor
("the parties") agree:
1. 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 thatfinal payment is made hereunder, subject to the earlier termination of this
Contract.
2. 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: 2009 Street Maintenance Program· San Antonio and Lytton Asphalt Overlay
Project, Invitation for Bids (IFB) Number 132889.
Bid: $1,105,647.80 (One million one hundred five thousand six hundred forty-seven and
80/100 dollars)
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.
a. This Contract.
b. Invitation for Bid.
c. Project Specifications.
d. Drawings.
e. Change Orders.
f. Bid.
g. Supplementary Conditions.
h. General Conditions.
I. City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (most current version).
j. Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
k. Other Specifications, or part thereof, not expressly incorporated in the Contract SpeCifications or the
City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (most current version).
I. Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
4. Compensation. In consideration of Contractor's performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor's Bid in accordance with the provisions of this Contract and upon
the receipt of written invoices and all necessary supporting documentation within the time set forth in the
Contract Specifications and the City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications
(most current version), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor's
invoices.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance
coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by the
Risk Manager. City shall not be obligated to take out insurance on Contractor's personal property or the
personal property of any person performing labor or services or supplying materials or equipment under the
Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting
coverage required under this Contract on or before the Date of Execution. The certificates and endorsements
CITY OF PALO ALTO CONTRACT C10132889 PAGE 1 OF 7
rev. 12100
FORMAL CONTRACT SECTION 500
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 16 of this
Contract.
6. 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. 339601-6975,
as amended); the Resource Conservation and Recovery Act (42 U.S.C. 336901-6992k, as amended); the Toxic
Substances Control Act (15 U.S.C. 332601-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, 3325300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, 3325100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, 3325249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, 3325280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law.
7. 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.
8. 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.
9. No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor's Work. The right
of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a
satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not shift
that obligation to the City or relieve Contractor from its obligations to complete the Work in a satisfactory
manner in compliance with the Contract requirements.
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 in employment and hazardous materials.
11. 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
CITY OF PALO ALTO
rev. 12100
CONTRACT C10132889 PAGE 2 OF7
FORMAL CONTRACT SECTION 500
Bid.
12. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and
services during the course and scope of the Project and Work, Contractor represents and warrants:
a. Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
b. 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;
c. 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 manufacturers warranty obtained by Contractor shall be obtained or shall be deemed obtained by
Contractor for and in behalf of City.
e. Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true
and correct at the time such information is submitted or made available to the City;
f. Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to
the terms and conditions of Contractor's Bid, except as may be permitted by the Invitation For Bid;
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 the
person or persons authorized to bind Contractor;
h. Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project
Manager or any other person who has directly contributed to City's decision to award the contract to
Contractor;
I. There are no unresolved claims or disputes between Contractor and City which would materially affect
Contractor's ability to perform under the Contract;
j. 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;
k. 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
I. Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
13. 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.
14. 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.
CITY OF PALO ALTO
rev. 12100
CONTRACT C10132889 PAGE30F7
FORMAL CONTRACT SECTION 500
15. Audits by City. During the term of this Contract and for a period of not less than three (3) years after the
expiration or earlier termination of this Contract, City shall have the right to audit Contractor's Project-related
and Work-related writings and business records, as such terms are defined in California Evidence Code
Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no
such hours, during the regular business hours of City.
16. 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 senUo 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:
Copy to:
To Contractor:
City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
City of Palo Alto
Public Works Department
Engineering Division
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Attn: Elizabeth Ames, Project Manager
A. Ruiz Construction Company & Associates, Inc.
1601 Cortland Avenue
San Francisco, CA 94110
Attn: Antonio Ruiz
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 17 shall control in the event of a conflict with any other provision of this Contract.
18. Miscellaneous.
a. Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor's
bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
b. Consent. Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall be in writing and shall be executed by a person having the express authority to grant
such approval or consent.
c. Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
d. Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto, Dept. of Public
Works Standard Drawings and Specifications (most current version) ofthis Contract are incorporated
herein by reference.
CITY OF PALO ALTO
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CONTRACT C10132889 PAGE40F7
FORMAL CONTRACT SECTION 500
e. 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.
f. 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.
g. 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
written agreements between the parties that are not incorporated in this Contract.
L 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.
j. 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.
k. 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.
I. 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.
m. 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.
n. 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.
o. 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.
p. Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising
out of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose,
California. The intent of the parties is that the mediation shall proceed in advance of litigation;
however, if any party should commence litigation before the conclusion of mediation, such litigation,
including discovery, shall be stayed pending completion of mediation, and by executing this Contract
the parties stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule
1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of
California, as such rules may be amended from time to time. The parties shall share the cost of the
mediation, including the mediator's fee, equally. Any written agreement reached in mediation shall be
enforceable pursuant to California Code of Civil Procedure § 664.6, as amended.
q. Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose,
CITY OF PALO ALTO
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CONTRACT C10132889 PAGE 5 OF7
FORMAL CONTRACT SECTION 500
California. In the event that litigation is commenced by any party hereunder, the parties agree that
such action shall be vested exclusively in the state courts of California in the County of Santa Clara or
in the United States District Court for the Northern District of California.
r. Recovery of Costs. Each Party shall bear its own costs, including attorney's fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure
§ 664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable
costs, including attorney's fees, incurred subsequent to conclusion of the mediation.
s. Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute
Resolution, Venue, and Recovery of Costs in any subcontracts or major material purchase
agreements which it enters into in connection with this Contract, and to require its subcontractors to
include those provisions in any sub-contracts or major material purchase agreements, such that any
mediation or litigation of any claim or dispute asserted by a subcontractor or major material supplier
will be consolidated with any related claim or dispute between the Contractor and the City. Should the
ContractorfaiJ to do so, such that the City is required to defend an action brought by a subcontractor
or material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract,
Contractor shall indemnify City for City's costs of defense, including reasonable attorney's fees.
IN WITNESS WHEREOF, the parties have by their duly appOinted representatives executed this Contract in the city of
Palo Alto, County of Santa Clara, State of California on the date first stated above.
APPROVED AS TO FORM:
City Attorney
APPROVED:
Director of Public Works
CITY OF PALO ALTO
rev. 12/00
CITY OF PALO ALTO
City Manager
CONTRACTOR:
Name: ______________________________________ _
Title:, __________________ _
CONTRACT C10132889 PAGE 6 OF7
FORMAL CONTRACT SECTION 500
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code" 1189)
STATE OF ___________ ,
COUNTY OF __________ ,
On _______________ , before
a notary public in and for said County. personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature _________________ _
CITY OF PALO ALTO
rev. 12100
CONTRACT C10132889
(Seal)
PAGE 7 OF7
Stanford
University
I , , ,
I
Legend
_ ARRA WORK LIMITS
The City of
Palo Alto
mnlccls,2OO9<I&-26 14;42;55
(\~&$~madmin\P&rsonaN>avementmdb)
~Los .2 ~
ARRA
ATTACHMENT C
This map is a product of the
City of Palo Alto GIS
2009 PROJECT MAP -. 0'
ThiS doooInel'lt 19 a graphic toptosent1ltion only 0' best avallabkl sourees..
The City of Palo Alto 3$SUM6s no fe$pOflSl"bllity for any ertOfsot9a9 to 2009 C1ty of PaltJ Alto
BID SUMMARY
~ ~ Quantity l!!ll!
I Asphalt concrete overlay (AC), 2"-3", Y:" maximum. Type A 7.000 TON $
2 Portland cement concrete (pCC) pavement repair, 6" depth 15.000 SF $
3 AC Base Repair, 6" depth 450 TON $
4 Wedge Cutting 6' width minimum 9.180 LF $
5 Asphalt Concrete milling 2"-3" 198.000 SF $
6 Intcrlayer membrane 10.800 LF $
7 Crack sealant 50.000 LF $
8 Adjust utility box (cathodes. anodes, valves) to grade 73 EA $
9 Adjusting manhole frame to grade 42 EA $
10 Remove and replace reflective blue pavement marker 15 EA $
11 Install Type A Y Raised Markers 150 EA $
12 Thermoplastic striping, Caltrans Detail I 1.440 LF $
13 Thermoplastic striping, Caltl'am Detail 9 5.000 LF $
14 Thermoplastic striping, Calrrans Detail 21 1.525 LF $
15 Thermoplastic striping, Caltl'am Detail 27 200 LF $
16 Thermoplastic striping, Caltl'am Detail 38 1.120 LF $
17 Thermoplastic striping. Calrrans Detail 38A 300 LF $
18 Thermoplastic striping, Caltnms Detail 38C 456 LF $
19 Thermoplastic striping, Calrrans Dewl39139A 2.220 LF $
20 Thermoplastic striping. white. 4" wide 2.425 LF $
21 Thennopiastic striping. yellow, 4-wide 80 LF $
22 Thennoplastic striping. white. Ir wide 2.820 LF $
23 Pavement thermoplastic legend P~R LETrEB, QR SYMBQ~ 99 EA $
24 Remove and replace Type A vertical curb and gutter 1.000 LF $
25 Remove and replace Type A vertical curb and gutter with 6' gutter pan 250 LF $
26 Remove and replace Type A vcrtical curb and gutter with 8' gutter pan 100 LF $
27 City standard curb ramp, typical 7 EA $
28 Install detectable warning surface to existing curb ramp 31 EA $
29 Remove and replace concrete sidewalk 3.395 SF $
30 Remove and replaee conerete driveway 1.400 SF $
31 Install traffic signal detector loops 42 EA $
32 Reset catch basin, complete in place 12 EA $
33 Asphalt Concrete Speed Hump 1 EA $
34 Recycle inen construction material. 2.715 TON $
35 Trim street trees (40 hrs max) 40 HR $
36 Notification of businesses and residents 1 LS $
37 Traffic Control 1 LS $
2009 STREET MAINTENANCE PROGRAM
ARRA -SAN ANTONIO AND LYTTON RESURFACING
ENGINEER'S ESTIMATE A RUIZ CONSTRUCTION
UNIT COST COST UNIT COST J;Q§!
86.00 $ 602.000.00 $ 88.50 $ 619,500.00 $
10.00 $ 150.000.00 $ 7.00 $ 105.000.00 $
130.00 $ 58.500.00 $ 89.00 $ 40.050.00 $
2.50 $ 22.950.00 $ 3.00 $ 27.540.00 $
0.35 $ 69.300.00 $ 0.50 $ 99.000.00 $
2.50 $ 27.000.00 $ 0.35 $ 3.780.00 $
0.40 $ 20.000.00 $ 0.28 $ 14.000.00 $
280.00 $ 20.440.00 $ 100.00 $ 7.300.00 $
380.00 $ 15.960.00 $ 300.00 $ 12.600.00 $
25.00 $ 375.00 $ 17.00 $ 255.00 $
7.50 $ 1.125.00 $ 2.20 $ 330.00 $
1.00 $ 1.440.00 $ 0.45 $ 648.00 $
5.00 $ 25.000.00 $ 0.55 $ 2.750.00 $
1.00 $ 1.525.00 $ 1.22 $ 1.860.50 $
1.00 $ 200.00 $ 0.60 $ 120.00 $
3.00 $ 3.360.00 $ 1.25 $ 1.400.00 $
3.00 $ 900.00 $ 1.10 $ 330.00 $
3.50 $ 1.596.00 $ 2.10 $ 957.60 $
1.00 $ 2,220.00 $ 0.56 $ 1.243.20 $
1.50 $ 3.637.50 $ 0.70 $ 1.697.50 $
2.50 $ 200.00 $ 0.70 $ 56.00 $
2.50 $ 7.050.00 $ 2.20 $ 6.204.00 $
35.00 $ 3.465.00 $ 22.00 $ 2.178.00 $
40.00 $ 40.000.00 $ 18.00 $ 18.000.00 $
50.00 $ 12.500.00 $ 19.00 $ 4.750.00 $
60.00 $ 6.000.00 $ 21.00 $ 2.100.00 $
2.000.00 $ 14.000.00 $ 2.000.00 $ 14,000.00 $
375.00 $ 11.625.00 $ 178.00 $ 5.518.00 $
9.00 $ 30.555.00 $ 6.00 $ 20.370.00 $
10.00 $ 14.000.00 $ 12.50 $ 17.500.00 $
380.00 $ 15.960.00 $ 450.00 $ 18.900.00 $
1.500.00 $ 18.000.00 $ 300.00 $ 3.600.00 $
2.500.00 $ 2.500.00 $ 1.100.00 $ 1.100.00 $
5.00 $ 13.575.00 $ 6.00 $ 16.290.00 $
220.00 $ 8.800.00 $ 68.00 $ 2.720.00 $
8.000.00 $ 8.000.00 $ 10.000.00 $ 10.000.00 $
48.000.00 $ 48.000.00 $ 22.000.00 $ 22.000.00 $
$ 1,281,758,50 Apparent Low Bidder. $ 1,105,647.80
Low Bid VS. Estimate: ·14%
10% Contingency: $ 110.564.78
Total Funding: $ 1,216,212.58
ATTACHMENT D
O'GRADY PAVING INC CF ARCHIBALD PAVING INC
UNIT COST COST UNIT COST J;Q§!
73.00 $ 511,000.00 $ 79.50 $ 556.500.00
13.00 $ 195.000.00 $ 11.00 $ 165.000.00
100.00 $ 45.000.00 $ 1.40 $ 630.00
1.60 $ 14.688.00 $ 1.00 $ 9.180.00
0.24 $ 47.520.00 $ 0.35 $ 69.300.00
2.00 $ 21.600.00 $ 2.40 $ 25.920.00
0.30 $ 15.000.00 $ 0.35 $ 17,500.00
300.00 $ 21.900.00 $ 300.00 $ 21.900.00
500.00 $ 21.000.00 $ 450.00 $ 18.900.00
15.00 $ 225.00 $ 15.00 $ 225.00
2.00 $ 300.00 $ 2.00 $ 300.00
0.40 $ 576.00 $ 0.50 $ 720.00
0.50 $ 2.500.00 $ 0.50 $ 2.500.00
1.00 $ 1.525.00 $ 1.00 $ 1.525.00
0.50 $ 100.00 $ 0.50 $ 100.00
1.20 $ 1.344.00 $ 1.50 $ 1.680.00
1.00 $ 300.00 $ 1.00 $ 300.00
2.00 $ 912.00 $ 2.00 $ 912.00
0.50 $ 1,110.00 $ 0.70 $ 1.554.00
0.65 $ 1.576.25 $ 0.75 $ 1.818.75
0.65 $ 52.00 $ 0.75 $ 60.00
2.00 $ 5.640.00 $ 2.50 $ 7.050.00
20.00 $ 1.980.00 $ 25.00 $ 2,475.00
44.00 $ 44.000.00 $ 45.00 $ 45.000.00
80.00 $ 20.000.00 $ 80.00 $ 20,000.00
95.00 $ 9.500.00 $ 95.00 $ 9.500.00
2.400.00 $ 16.800.00 $ 2,400.00 $ 16.800.00
400.00 $ 12.400.00 $ 400.00 $ 12.400.00
8.00 $ 27.160.00 $ 8.00 $ 27.160.00
11.00 $ 15.400.00 $ 11.00 $ 15.400.00
275.00 $ 11.550.00 $ 300.00 $ 12.600.00
2.300.00 $ 27.600.00 $ 2.300.00 $ 27.600.00
3.000.00 $ 3.000.00 $ 3.000.00 $ 3.000.00
1.00 $ 2,715.00 $ 5.00 $ 13.575.00
200.00 $ 8.000.00 $ 300.00 $ 12.000.00
13.000.00 $ 13.000.00 $ 5.000.00 $ 5.000.00
36.000.00 $ 36.000.00 $ 50.000.00 $ 50.000.00
$ 1,157,973,25 $ 1,176,064.75
BID SUMMARY
!!l:!!!l!!2,. ~ !".!l!m!li!Y Unit
1 Asphalt eonerete overlay (AC), r -3", Yi" moximwn. Type A 7,000 TON $
2 Porrland cement concrete (PeC) pal'ement repair, 6'" depth 15,000 SF $
3 AC Base Repair, 6" depth 450 TON $
4 Wedge Cutting 6" width minimum 9,180 LF $
5 Asphalt Concrete milling 2"-3" 198,000 SF $
6 Intcrlayer membrane 10,800 LF $
7 Crack sealant 50,000 LF $
8 AdjllSt utility box (cathodes, anodes, valves) to grode 73 EA $
9 Adjusting manhole fuIme '" grode 42 EA $
10 Remove and replace reflective blue pavement marker 15 EA $
II Install Type AY _ Markers 150 EA $
12 Thcnneplastie sttiping, Cal""", Detail 1 1,440 LF $
13 Thermoplastic striping, CaJtrans Deta:il 9-5,000 LF $
14 Thermoplastic striping, Caltrnns Detai121 1,525 LF $
15 Thcnnoplastic striping, Caltrans Detail 27 200 LF $
16 Thermoplastic striping, Caltrnns Detail 38 1,120 LF $
17 Thermoplastic striping, Caltrans Detail 38A 300 LF $
18 Thermoplastic striping, Caltrans Deta.il38C 456 LF $
19 Thermoplastic sttiping, Calnans Detail 39/39A 2,220 LF $
20 Thetmoplnstie striping. white. 4" wide 2,425 LF $
21 ThcnnopIastie striping. yellow. 4-wide 80 LF $
22 ThcnnopIastie striping, White, IT wide 2,820 LF $
23 Pavement lhennopIastie legell<l.lER LETTER Q!\ ~XMBQL 99 EA $
24 Remove and repJuce Type A vertical curb and gutter 1,000 LF $
25 Remove and replace Type A venic.al curb uod gutter with 6' gutter pan 250 LF $
26 Remove and replace Type A vertical curb and gutter with 8' gutter pan 100 LF $
27 City standard curb ramp, typical 7 EA $
28 wtan detectable warning swface to e.'Cistmg curb nu::np 31 EA $
29 Remove and replace concrete sid~vaLk 3,395 SF $
30 Remove and replace concrete driveway 1,400 SF $
31 Install traffic signal detector loops 42 EA $ r---32 Reset catch basin, complete in place 12 EA $
33 ~t Coneretc Speed Hump 1 EA $
34 Recycle inert construction material, 2,715 TON $
35 Trim street trees (40 brs max) 40 HR $ -36 Notification of businesses and residents 1 LS $
37 Tmffic Control I LS $
2009 STREET MAINTENANCE PROGRAM
ARRA -SAN ANTONIO AND LYTTON RESURFACING
GRANITE CONSTRUC'l10N G BORTOLOTTO & co INC
~ !.lW: ~ !.lW:
89,00 $ 623,000,00 $ 95.00 $ 885,000,00 $
12.00 $ 187,500.00 $ 10,50 $ 157,500,00 $
114.00 $ 51,300,00 $ 175.00 $ 78,750,00 $
2.70 $ 24,786.00 $ 1.71 $ 15,697,80 $
0,39 $ 77,220,00 $ 0,39 $ 77,220,00 S
1.30 $ 14,040,00 $ 3,00 $ 32,400,00 $
0,28 $ 14,000.00 $ 0,39 $ 19,500,00 $
340,00 $ 24,620.00 $ 350,00 $ 25,550,00 $
460,00 $ 19,320,00 $ 470,00 $ 19,740,00 $
15.00 $ 225.00 $ 17.00 $ 255.00 $
2,00 $ 300.00 $ 2,00 $ 300,00 $
0,40 $ 576.00 $ 0.40 $ 576,00 $
0.50 $ 2,500.00 $ 0.50 $ 2.500.00 $
1,00 $ 1,525.00 $ 1.00 $ 1,525.00 $
0,50 $ 100.00 $ 1,00 $ 200,00 $
1,20 $ 1,344.00 $ 1,20 $ 1,344,00 $
1,00 $ 300.00 $ 1,00 $ 300.00 $
2,00 $ 912,00 $ 2.00 $ 912,00 $
0,50 $ 1,110.00 $ 0.50 $ 1,110,00 $
0,65 $ 1,576,2$ $ 0.70 $ 1,697.50 $
0.65 $ 52,00 $ 1.00 $ 50.00 $
2.00 $ 5,640,00 $ 2.00 $ 5,640,00 $
20.00 $ 1,980.00 $ 20,00 $ 1,960,00 $
42,50 $ 42.500.00 $ 37.00 $ 37,000,00 $
76,00 $ 19,000,00 $ 76.00 $ 19,000,00 $
92,00 $ 9,200,00 $ 96,00 $ 9,600,00 $
2,300.00 $ 16,100,00 $ 2,000,00 $ 14,000.00 $
386.00 $ 11,966.00 $ 468,00 $ 14,508.00 $
7,50 $ 25,462.50 $ 9.00 $ 30,555,00 $
10,75 $ 15,050.00 $ 10,00 $ 14,000.00 $
265.00 $ 11,130,00 $ 300,00 $ 12,600.00 $
2,200.00 $ 26,400,00 $ 2,000.00 $ 24,000.00 $
1,900.00 $ 1,900.00 $ 4,000.00 $ 4,000.00 $
2,60 $ 7,059.00 $ 4,00 $ 10,860.00 $
240,00 $ 9,600.00 $ 200,00 $ 8,000,00 $
14,000,00 $ 14,000,00 $ 10,000.00 $ 10,000.00 $
29,120,00 $ 29,120.00 $ 61,000,00 $ 61,000,00 $
$ 1,292,613.75 $ 1,378,900.30
ATTACHMENT D
INTERSTATE GRADIi'lG& PAllli'lG
~ !.lW:
98,00 $ 686,000,00
11.00 $ 165,000.00
135,00 $ 60,750.00
2,00 $ 18,360,00
0.45 $ 89,100.00
1,00 $ 10,800.00
0,30 $ 15,000,00
470,00 $ 34,310.00
700,00 $ 29.400.00
16.00 $ 240,00
2,20 $ 330,00
0,46 $ 646.00
0,55 $ 2,750.00
1.10 $ 1,677,50
0.55 $ 110,00
1.30 $ 1,456,00
1.10 $ 330,00
2.20 $ 1,003,20
0,55 $ 1,221.00
0,70 $ 1,697,50
0,70 $ 56.00
2.20 $ 6,204.00
22.00 $ 2,178.00
39.00 $ 39,000.00
79,00 $ 19,750.00
100,00 $ 10,000,00
2,100,00 $ 14,700,00
500,00 $ 15,500,00
8.00 $ 27,160,00
10,00 $ 14,000,00
250,00 $ 10,500.00
2,400,00 $ 28,800.00
6,000.00 $ 6,000.00
20,00 $ 54,300.00
80.00 $ 3,200,00
2,500.00 $ 2,500.00
97,000,00 $ 97,000.00
$ 1,471 ,031.20