HomeMy WebLinkAboutStaff Report 317-085
City of Palo Alto
C ty Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:JULY 28, 2008 CMR:317:08
SUBJECT:APPROVAL OF A CONTRACT WITH O’GRADY PAVING INC. IN THE
TOTAL AMOUNT NOT TO EXCEED $1,402,354 FOR THE 2008 STREET
MAINTENANCE PROGRAM, PHASE 2 CAPITAL IMPROVEMENT
PROGRAM PROJECT PE-86070
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the City Manager or his designee to execute the attached contract
in the amount of $1,402,354 with O’Grady Paving Inc. for the 2008 Street Maintenance
Program, Phase 2 - Capital Improvement Program Project PE-86070; and
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with O’Grady Paving Inc for related, additional but unforeseen
work that may develop during the project, the total value of which shall not exceed
$140,235.
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
management system. The annual project typically encompasses about eight lane miles of asphalt
concrete paving and eight lane miles of slurry sealing, with a project budget averaging $2.2
million annually for all phases of the project. Prior to 2005, projects were bid as one project
consisting of slurry and cape seal (preventive maintenance work), concrete street repairs and
asphalt concrete resurfacing. In 2005, staff implemented a two phase program: the first phase
for preventative maintenance work utilizing cape and slurry sealing with the second phase for
concrete street repairs and asphalt concrete resurfacing. This phasing proved to be more cost-
effective avoiding the typical 15% markup previously included in asphalt resurfacing contracts
where preventative maintenance work was subcontracted out.
The proposed 2008 Street Maintenance Project includes cape sealing six (6) lane miles of
collector/resident streets, overlaying six (6) lane miles of backlog streets, and slurry sealing
eleven (11) lane miles of collector/resident streets. The additional lanes miles are a result of
increased project funding from a State of California Prop lb grant ($807,120) and savings from
the typical 15% markup for subcontracted work.
CMR:317:08 Page 1 of 5
DISCUSSION
Attachment B provides a list of streets to be resuffaced under the attached Phase 2 Contract. Part
of the work under this contract includes related work such as lane striping and various concrete
work including replacement of curb ramps, curb and gutters, driveway approaches and
sidewalks. Curb ramps will be installed to comply with the guidelines of the Americans with
Disabilities Act (ADA). In addition, the contract will incorporate the removal and replacement
of approximately 200,000 square feet of asphalt and replace any pavement striping in Foothills
Park that was not completed in the 2007 Resurfacing Project with funds from Parks CIP OS-
07000.
The bids for this project were 15% below the engineer’s estimate which allows for inclusion of
five add alternate bid items allowing for more streets (and 2.3 lane miles) to be included. The
additional streets included in these alternates are listed at the bottom of Attachment B. The 2008
Street Maintenance Project will award the base bid and add alternates 2 through 6.
Add alternate 2 is to remove and replace all of the asphalt concrete on Northampton and
Southampton Streets, with three inches of new asphalt. These streets were coordinated with the
Water Main Replacement CIP program to finish their street trenching within months of the
anticipated resurfacing.
Alternates 3 and 4 include two blocks of Bowdoin Street and one block of College Avenue, in
the College Terrace neighborhood. This neighborhood is the City of Palo Alto’s second
designated targeted work zone (TWZ). A TWZ is a location in which all utility work has been
installed at accelerated schedules and most private development has been finalized to
accommodate the paving restoration schedule of Public Works. The College Terrace street
restoration schedule will be done in phases over the next four years and is expected to complete
by 2011 as funding allows. The paving phase in 2011 will include College Avenue following
permanent traffic circle modifications and!or improvements. Staff will update the College
Terrace residents each year as this work progresses.
Alternates 5 and 6 include one block of Homer Avenue, one block of Ramona Street and one
block of Bryant Street all located in the South of Forest Avenue (SOFA) area, the City’s first
TWZ. This work will complete 90% resurfacing of the streets in the South of Forest Area
neighborhood (SOFA).
Add alternate 1 was to place rubberized asphalt concrete (RAC) on Alma Street using a
California Integrated Waste Management Board (CIWMB) grant in the amount of $97,000.
During the time this project was out to bid, however, the City was selected for federal grant
funding, from the Highway Safety Index Program (HSIP). These funds include $900,000 for
Alma Street improvements from Colorado Street to the Mountain View City limits (the same
limits planned under the CIWMB grant). Because the HSIP grant provides almost ten times the
funding as the CIWMB grant for rubberized asphalt and covers additional work such as guard
rails at select locations, staff recommends doing the Alma Street work under the HSIP grant next
year and not including add alternate 1 in this contract. Staff will identify another candidate
street(s) for rubberized asphalt application under the CIWMB program for the 2009-10 Street
Maintenance project.
CMR:317:08 Page 2 of 5
Project Coordination
Staff from the Utilities Department, Public Works Department and Transportation Division,
continue to meet monthly coordinating infrastructure projects city wide. The Phase 2 work in this
contract was also coordinated with the Utilities Department by meeting independently with
Utilities’ project managers that may have a direct impact on the project. During the coordination
meetings, staff has aggressively targeted the South of Forest Area (SOFA) and the College
Terrace neighborhoods. Paving the last remaining street in the SOFA area will occur with this
project. Staff has developed plans and timelines to complete work in localized geographical areas
for College Terrace and other neighborhoods, some of which is included in this project as
described above. The targeted areas will be resurfaced over the next several years once utility
work is completed in each area to prevent trenching in newly repaved streets.
Streets planned for resurfacing were either postponed due to utility projects or accelerated as a
result of obtaining federal/state funding. Staff has made it a priority to ensure newly paved
streets are not trenched unless there is a private development project and/or emergency work
which could not be scheduled in advance of street paving.
Bid Process
A notice inviting formal bids for the 2008 Street Maintenance Program Phase 2 was posted at
City Hall on May 21, 2008 and sent to ten (10) builders’ exchanges and 11 bidders. The bidding
period was thirty-five days. Bids were received from four (4) qualified contractors on June 24,
2008 as listed on the attached bid summary (Attachment A). The total for all bids, including
base bid and add alternate Nos. 1-6, ranged from a low bid of $2,078,987 to a high of
$2,355,777.
As mentioned above the low bid is fifteen percent below the engineer’s estimate of $2,459,507.
The engineer’s estimate was based on a standard rate of 5% inflation increase in costs received
on the prior street maintenance project in 2007.
Bid Name/Number
Proposed Length of Project
Number of Bids Mailed to
Contractors
Number of Bids Mailed to Builder’s
Exchanges
Total Days to Respond to Bid
Pre-Bid Meeting?
Number of Company Attendees at
Pre-Bid Meeting
Number of Bids Received:
Bid Price Range (including all 5
alternates)
Summary of Bid Process
2008 Street Maintenance Program Phase 2 / IFB #126732
120 calendar days
11
10
35
No
N/A
4
Low bid $2,078,987 to a high of $2,355,777
The Certification of Nondiscrimination is Attachment D.
CMR:317:08 Page 3 of 5
Staff recommends that the base bid, including add/alternates 2 through 6, of $1,402,353
submitted by O’Grady Paving Inc. be accepted and that O’Grady Paving Inc. be declared the
lowest responsible bidder. The change order amount of $140,235 (which equals 10% of the total
contract) is requested to resolve unforeseen problems and/or conflicts that 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.
Following the award of contract, businesses and residents affected by the project will be notified
by notices describing the work on their streets. Staff will hand deliver notices to affected
residents 2 weeks prior to construction start up. "No Parking - Tow Away" signs will be posted
on the affected streets three (3) days prior to construction. If the street will be closed during the
construction, the contractor will also hand deliver door hanger notices seven days and 24 hours
in advance of the construction work on each street.Work is expected to start in July and be
complete in 120 days.
RESOURCE IMPACT
Due to the size of this annual maintenance project, City staffing levels are not adequate to
accomplish the construction work in-house. In addition, the City does not own the type of
equipment needed to perform this work and staff believes that it is cost effective to have the
work performed by outside contractors.
Funds for this project include the following sources: the Street Maintenance Capital
Improvement Program Project PE-86070, Prop lb, and Foothills Park Road Improvements OS-
07000. Funds are budget in this project for this fiscal year.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
This project has been determined to be categorically exempt from review under the California
Environmental Quality Act (CEQA) as repair and maintenance of existing streets and similar
facilities pursuant to CEQA Guidelines, Section 15301 (c).
ATTACHMENTS
Attachment A:Contract
Attachment B:List of Streets
Attachment C:Bid Summary
Attachment D:Certification of Nondiscrimination
PREPARED BY:
ELI~BETH AMES
Seni6r Engineer
CMR:317:08 Page 4 of 5
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
GLENN S. ROBERTS
Deputy City Managers
CMR:317:08 Page 5 of 5
ATTACHMENT A
FORh/1AL CONTRACT SECTION 500
CONTRACT No. C09126732
(Public Work)
Public Works Department
This Contract, number C09126732 dated is entered into by and between the City of Palo Alto, a
California Charter City ("City"), and O’Gradv Paving, Inc. ("Contractor").
For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor
("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract,
and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is
required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this
Contract.
General 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:2008 Street i~/iaintenance Program Project, Phase 2, .Invitation for Bids (IFB) No.
126732.
Bid:$1,402,353.50 (One million four hundred two thousand three hundred fifty-three and 50/100
dollars) (Total.includes base bid and Add Alternates 2 through 6 only)
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.
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (most current version).
Certificate of Insurance, Performance Surety Bond, Labor & Materials (Payment) Surety Bond.
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).
Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon
the receipt of written invoices and all necessary supporting documentation within the time set forth in the
Contract Specifications and the 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
CITY OF PALO ALTO CONTRACT C09126732 PAGE 1 OF 7
rev. 12/00
FOR~IAL CONTRACT SECTION 500
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 16 of this
Contract.
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers,
employees, agents and representatives harmless from and against any and all claims, demands, liabilities,
losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or
indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts
or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law
respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from
Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is
required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability
on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise
from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers,
employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or
liens made or filed by reason of any work performed by Contractor under this Contract at.any time during the
term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations under
this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City
Council members, officers and employees from and against any and all claims, demands, liabilities, losses,
damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in.
connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract,
under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. ~9601-6975,
as amended); the Resource Conservation and Recovery Act (42 U.S.C. ~6901-6992k, as amended); the Toxic
Substances Control Act (15 U.S.C. ~2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, ~25300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, ~25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, ~25249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, ~25280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law.
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the
property of Contractor which may occur in, on, or about the Project site at any time and in any manner,
excepting such loss, injury, or damage as may be caused by the sole w!llful 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.
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 bid security 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.Bid Security Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or
CITY OF PALO ALTO CONTRACT C09126732 PAGE 2 OF 7
rev. t2/00
FORi~AL CONTRACT SECTION 500
before the Date of Execution, Contractor shall furnish to the Project Manager the Bid Security as required under
the Invitation for Bids.
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:
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials are
required;
do
Any labor and services rendered and materials and equipment used or employed during the course
and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year
after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be
filed, on the date that final payment is made hereunder;
Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by
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;
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 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;
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.
13.Assi.qnment. 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 ContractTime
or other disputes arising out of the Contract shall be submitted by Contractor td 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. 12/00
CONTRACT C09126732 PAGE 3 OF 7
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 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
P.O. Box 10250
Palo Alto, CA 94303
Elizabeth Ames, Project Manager
To Contractor:O’Grady Paving, Inc.
2513 Wyandotte Street
Mountain View, Ca 94043
Attn: Craig E. Young
17.Appropriation of City Funds. This Contract is subject to the fiscal pro~/isions 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 df a conflict with any other provision of this Contract.
18.Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s
bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall be in writing and shall be executed by a person having the express authority to grant
such approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto Dept. of Public
Works Standard Drawings and Specifications (most current version) of this Contract are incorporated
herein by reference.
CITY OF PALO ALTO
rev. 12/00
CONTRACT C09126732 PAGE 4 OF 7
FOR:MAL CONTRACT SECTION 500 ’
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 a~e 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.
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
. rev. 12/00
CONTRACT C09126732 PAGE 5 OF 7
FORIV1AL 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.
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.
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
Contractor fail 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 duty 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 OF PALO ALTO
Senior Assistant City Attorney City Manager
APPROVED:CONTRACTOR:
Director of Administrative Services
Director of Public Works
By:.
Name:
Title:
By:
Name:
Title:
(Compliance with California Corporations Code ~ 313 is required
if the entity on whose behalf this cont[act 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 CONTRACT C09126732 PAGE 6 OF 7rev. 12/00
FORiVIAL CONTRACT SECTION 500
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF
COUNTY OF
.)
.)
On , before me,a
notary public in and for said County, personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
CITY OF PALO ALTO CONTRACT C09126732 PAGE 7 OF 7rev. 12/00
.ATTACHMENT E~
2008 Street Maintenance Program Phase 2
List of Streets
2
10
11
12
13
14
15
16
17
Bowdoin Street
Bryant Street
College Avenue
Dartmouth Street
Foothills Park
Guinda Street
Guinda Street
Guinda Avenue
Hamilton Avenue
Hamilton Avenue
Hamilton Avenue
Hamilton Avenue
Homer Avenue
Northampton Drive
Ramona Avenue
Seneca Street
Seneca Street
Stanford Avenue
Homer Avenue
Amherst Street
N. California Avenue
as marked by Engineer
University Avenue
Hamilton Avenue
Forest Avenue
Middlefield Road
Fulton Street
Guinda Street
Seneca Street
Ramona Street
Portal Place
Forest Street
University Avenue
Hamilton Avenue
California Avenue
Channing Avenue
Bowdoin Street
End
Hamilton Avenue
:orest Avenue
Homer Avenue
Fulton Street
Guinda Street
Seneca Street
Hale Street
Bryant Street
Southampton Drive
Homer Avenue
Hamilton Avenue
Forest Avenue
Seneca Street Forest Avenue Homer Avenue18
Southampton Drive Portal Place Northampton Drive19
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ATTACHMENT D
CERTIFICATION OF NONDISCRIMINATION FORM 410
PROJECT:2008 Street Maintenance Program Project, Phase 2
Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto in excess
of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in the performance of
this contract they will not discriminate in employment of any person because of race, skin color, gender, age,
religion, disability, national origin, ancestrY, sexual orientation, housing status, marital status, familial status,
weight or height of such person; and further certify that they are in compliance with all Federal, State and local
directives and executive orders regarding nondiscrimination in employment.
Firm: O’Q,~O.a~._} q~Ok~J’~~_-.DATE:
Title of Officer signing:C\~-J[q."~"-
Signature:
CITY OF PALO ALTO- IFB 126732 PAGE 1 OF 1