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HomeMy WebLinkAboutStaff Report 214-06TO: FROM: DATE: HONORABLE CITY COUNCIL CITY MANAGER MAY 15, 2006 DEPARTMENT: PUBLIC WORKS CMR:214:06 SUBJECT:APPROVAL OF A BUDGET AMENDMENT ORDINANCE IN THE AMOUNT OF $229,725 TO ACCEPT GRANT FUNDING FROM THE STATE BICYCLE TRANSPORTATION ACCOUNT PROGRAM AND TO PROVIDE AN ADDITIONAL APPROPRIATION OF $229,725 TO THE 2006 STREET MAINTENANCE PROGRAM - PHASE 1; APPROVAL OF A CONTRACT WITH O’GRADY PAVING INC. IN THE AMOUNT OF $989,564 FOR THE 2006 STREET MAINTENANCE PROGRAM - PHASE 1 - CAPITAL IMPROVEMENT PROGRAM PROJECT PE-86070; AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE ONE OR MORE CHANGE ORDERS TO THE CONTRACTWITHO’GRADY PAVING INC.FOR RELATED, ADDITIONAL BUT UNFORESEEN WORK THATMAY DEVELOP DURING THE PROJECT, THE TOTAL VALUEOF WHICH SHALL NOT EXCEED $118,750 RECOMMENDATION Staff recommends that Council: 1. Approve a Budget Amendment Ordinance (BAO) (AttachmentA) to accept grant funding from the State Bicycle Transportation Account (BTA) Program and to provide an additional appropriation to the 2006 Street Maintenance Program, Phase 1 - Capital Improvement Program Project PE-86070; (Attachment B) in the amount of $229,725. Approve and authorize the City Manager or his designee to execute the attached contract in the amount of $989,564 with O’Crrady Paving Inc. (Attachment C) for the 2006 Street Maintenance Program, Phase 1 - 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 w~th O’Grady Paving Inc. for related, additional but unforeseen work that may develop during the project, the total value of which shall not exceed $118,750. BACKGROUND ,amnually, 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 $1.9 CMR:214:06 Page 1 of 5 million for all phases of the project. In 2003 and 2004, Public Works Engineering implemented multi-phased resurfacing projects and bid one phase for concrete repairs and a second phase for asphalt concrete resurfacing. In 2005, a third phase was added for preventative maintenance utilizing cape and slurry sealing. This method of phasing proved to be more cost- effective by avoiding the typical 15% markup on concrete work previously included in asphalt resurfacing contracts because the work was subcontracted out. Phase 1 of the 2006 Street Maintenance Program will focus on the preventative maintenance of the roadways of Palo Alto by installing cape and slurry seals on approximately 13 lane miles of City streets. Phase 2 is focused on asphalt concrete resurfacing, overlays, base failure work for both resuffacing and minor concrete repairs on approximately 8 lane miles of city streets. The Phase 1 budget includes a BTA grant of $229,725 to construct new bike lanes along Hanover Street and PoRer Avenue. Also, Harbor Road will be cape seaied with $100,000 in t~ands transferred from Parks and Open Space. Lastly, Charleston Road will be re-striped in accordance with the CharlestordArastradero Cor6dor plan after it is cape sealed as part of the project. DISCUSSION Project Description The project scope of the proposed 2006 Street Maintenance Program, Phase 1 includes cape and slurry sealing thirteen lane miles of city streets. Attachment D provides a list of streets this work will occur on. The street maintenance program is placing a greater emphasis on rehabilitating streets to a level that will prolong the lifespan of the asphalt surfaces for five to seven years through slurry sealing and by seven to ten years through cape sealing. The cape seal process was successfully used for the first time in 2004 and staff will continue to monitor and develop alternative maintenance methods such as cape sealing in the future. Through this type of preventative maintenance activity and the cost savings generated from creating multiple phases, the lane .miles maintained for the year wil! increase approximately 6 lane miles more than the average 16 lane miles maintained annually. The roadway work for the first phase of CharlestordArastradero Corridor trial extends on Charleston Road from Fabian Way to E1 Camino Real. The work includes a cape seal and restriping to a new lane geometry, striped median islands and new pedestrian crosswalks. The second phase of the trial from El Camino Real to Foothill Expressway is expected to begin ne~ year. The CharlestordArastradero Corridor work has been coordinated with Utility Engineering and is being coordinated with several private developments occurring simultaneously along the corridor. In addition~ staff is requesting approval of a BAO to receive $229,725 from the State of California for BTA funds, which are used by the state to enhance and create safe bicycle routes for municipalities. These funds are required to increase the City’s annual safe bicycle route project scope and will provide for bike lanes along Hanover Street from Page Mill Road to Hillview Avenue and on Porter Avenue from Hillview Avenue to Page Mill Road. Following the award of contract, businesses and residents affected by the Phase I Street Maintenance project will be notified. The contractor will also hand deliver door hanger notices CMR:214:06 Page 2 of 5 seven days and 24 hours in advance of the construction work on each street. Work is expected to start in June and be complete in 150 days. Street Maintenance Audit This phase one street maintenance project reflects the implementation of the Auditor’s recommendations by increasing the volume of preventative maintenance. The work was coordinated with the Utilities Department by meeting independe.,,A!y with Utilities’ project managers that may have an impact on the project directly and at the quarterly coordination meetings. During these coordination meetings, staff is aggressively targeting areas such as Sou~ of Forest Area (SOFA), College Terrace and other neighborhoods to more closely coordinate underground infrastructure imo future street maintenance phases. These targeted areas wi!! be resurfaced over the next several years after utility work is completed in each area to prevent trenching in newly repaved streets. The cape seals on Charleston Road, Hanover Street and Porter Avenue were postponed to this year as staff awaited the approval to proceed with the trail Corridor plan and approval to use the BTA grant funds. Bid Process A notice ire¢iting formal bids for the 2006 Street Maintenance Program Phase 1 was posted at City Hall March 31, 2006 and sent to nine builders’ exchanges and twelve bidders. The bidding period was 21days. Bids were received from 2 qualified contractors on April 18, 2006 as listed on the attached bid summary (Attachment E). Bids ranged from a low bid of $989,564 to a high of $1,150,522 for the base items. Contractors not submitting bids indicated that they were too busy with other projects to bid. The low bid was $293,129 above the engineer’s estimate of $696,434. The engineer’s estimate was based on the bid process received on the prior street maintenance projects. Bid Name/Number Proposed Length of Proiect Nurnber 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 (Base Bid Only) *Bid summary Attachment F. Summary of Bid Process 2006 Street Maintenance Program Phase 1/IFB #116005 150 calendar days 12 9 18 No N/A 2 Low bid $989,564 to a high of $1,150,522 provided in Attachment E.The Certification of Nondiscrimination is Staff believes there are several reasons why bids came in higher than the engineer’s estimate. First, the estimated bid prices were marked up 3% to 5% for im~lation from the previous project costs. Actual construction costs have increased over 20% from the previous project due to higher energy and production costs. Also, asphalt concrete prices have jumped significantly as CMR:214:06 Page 3 of 5 the cost of oil has increased. Lastly, the complex traffic control requirements and restricted hours of work along the Charleston Corridor may have resulted in Ngh traffic control costs compared to the previous projects. Staff has reviewed all bids submitted and recommends that the bid of $989,564 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 $118,750 (which equals 12% of the total contract) is requested to resolve unforeseen problems and/or conflicts that may arise during the construction period, especially with the fast-track CharlestordArastradero Corridor trial that has a greater potential for changes in the field. 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 fi!e. RESOURCE IlVlPACT 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 required to perform this work and staff believes that it is cost effective to have the work performed by outside contractors. Funds for this project are included in the Street Maintenance Capital Improvement Program Project PE-86070, the Harbor Road Project PE OS-00003 and the School Commute Safety Improvement Project PL-98013 for the Charleston Corridor. The grant revenue from BTA of $229,725 provides funding for the construction of bike lanes along Hanover Street and Porter Avenue. These transactions have no impact on the Infrastructure Reserve. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies. ENVIRONlVlENTAL REVIEW This project has been determined to have no significant effect on the environment and 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). Harbor Road improvements plans have been approved by the City’s Planning and Community Environment Department’s staff-level Architectural Review Board review process. The Joint Aquatic Resource Permits and Applications (JARPA) permit application through the California State Fish & Game Department has also been approved and categorically exempt under CEQA. The Charleston corridor mitigated negative declaration has been approved. The trial traffic calming and striping program of the Charleston-Arastradero Corridor are part of the Charleston/Arastradero Corridor Improvement Plan ("Corridor Plan") which was analyzed pursuant to CEQA in a Mitigated Negative Declaration adopted by the City Council as the environmental document for the Corridor plan on January 27, 2004 in Council Resolution No. 8395. CMR:214:06 Page 4 of 5 ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attactmaent F: Budget Amendment Ordinance Budget Amendment Ordinances Impacting Capital Project Fund Infrastructure Reserve Approved to Date 2005-06 Contract List of Streets Bid Summary Certification of Nondiscrimination PREPARED BY: DEPARTMENT HEAD: MURDO !NrICOLSON Engineering Technician 111 GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: SON Assistant City Manager CMR:214:06 Page 5 of 5 Attachment A ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2005-06 TO ACCEPT GRANT FUNDING FROM STATE BICYCLE TRANSPORTATION ACCOUNT PROGRAM IN THE AMOUNT OF $229,725 AND AMEND THE DESCRIPTION AND PROVIDE ADDITIONAL APPROPRIATION TO CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NLrMBER PE- 86070, STREET MAINTENANCE FOR THE CONSTRUCTION OF BIKE LANES ALONG HANOVER STREET AND PORTER AVENUE The Council of the City of Palo Alto does ORDAIN as follows: SECTION i. The City Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Pa!o Alto, the Council on June 20, 2005 did adopt a budget for fiscal year 2005-06 (the ~Budget"); and B. In December 2005, Palo Alto received a grant allocation from the State Bicycle Transportation Account (BTA) Program in the amount of $229,725 for the construction of bike lanes along Hanover Street and Porter Avenue; and C. The Budget includes a description of CIP Project Number PE-86070, Street Maintenance, and an appropriation of $2,146,965 for that Project. However, the project scope as described in the Budget does not include construction of bike lanes along Hanover Street and Porter Avenue; and D. It is advantageous to include the bike lanes on Hanover Street and Porter Avenue in the Street Maintenance Project so they can be completed in an economic and timely fashion; and E. These transactions will have no impact on the Capital Project Fund Infrastructure Reserve; and F. City Council authorization is needed to amend the 2005-06 budget to include the bike lanes on Hanover Street and Porter Avenue in the Street Maintenance Project, recognize the grant from BTA of $229,725 and appropriate the same amount to the Street Maintenance project. SECTION 2. The description of the scope of work for CIP Project Number PE-86070, Street Maintenance included in the Budget, at page 87, is amended to include the bike lanes on Hanover Street and Porter Avenue as shown in Exhibit A to this Ordinance. SECTION 3. Revenue in the Capital Project Fund is hereby increased by Two Hundred Twenty Nine Thousand Seven Hundred Twenty Five Dollars ($229,725). SECTION 4. The sum of Two Hundred Twenty Nine Thousand Seven Hundred Twenty Five Dollars ($229,725) is hereby appropriated to CIP Project PE-86070, Street Maintenance. SECTION 5. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 6. The Bicycle Transportation Plan (BTP) adopted by the City Council in November 2003 included the proposed bike lanes on Hanover Street and Porter Avenue. The BTP was analyzed pursuant to CEQA by the Comprehensive Plan Update Final Environmental Impact Report (~EIR") and Addendum to the EIR which were certified by the City Council as the environmental document for the BTP on November 24, 2003 in Counci! Resolution No. 8372. Further, this project to reintroduce bike lanes on these two streets is a minor alteration to existing facilities and is categorically exempt under the California Environmental Quality Act section 15301(c) of the CEQA guidelines SECTION 7. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Mayor City Manager City Attorney Director of Public Works Director of Services Administrative EXHBIT A STREET MAINTENANCE (PE-86070) Cir.’Works Description: This project provides for annual resurfacing, slurry seal, crack seal and reconstruction of various city streets. The list of streets to be included in this project will be prioritized and coordinated with Utilities Department undergrounding projects. See Supplemental Information for more description. Justification: The Pavement Maintenance Management System (PMMS) has identified streets whose condition requires maintenance. This program systematically schedules the highest priority repairs. By providing a systemized method of bi-annually rating streets for improvements and a yearly maintenance progam, the City addresses the need to provide a functioning street system while reducing the maintenance backlog. Supplemental Information : Phase I of the 2006 Street Maintenance project will include construction of new bike lanes along Hanover Street and Porter Avenue. Funding for the construction of the bike lanes will be provided by a grant from the State Bicycle Transportation Account ~TA) Program. Other represents IMP Staff support. ClP FACTS: ¯.Continuing ¯ Timeline: FY 2006-2010 ¯ Managing Department: Public Works ¯ Comprehensive Plan: Program C-20 ¯ Board/Commission Review: None IMPACT ANALYSIS: ¯ Environmental: Categorically exempt from CEQA under Section 15301. ¯ Design Elements: Reasonable efforts will be made to match existing pavement. ¯ Operating: Reduces street maintenance costs. PY Budget PY Actuals as of ongoing $0 Pre-Design Costs Design Costs Construction Costs Other Revenues: Source of Funds: $50,000 $2,124,725 $201,965 $50,000 $1,895,000 $1,070,000 $50,000 $2,045,000 $1,070,000 $50,000 $2,045,000 $1,070,000 $50,000 $1,895,000 $1,070,000 $250,000 $201,965 2005-07 Budget City of Palo Alto 87 Attachment B Budget Amendment Ordinances Impacting Infrastructure Reserve Approved-To-Date in 2005-06 Placeholdere Already in Impact on the thb 2005-06 Capital Fund Estimated Future Year Adopted Infrast~cture Ongoing Coats Budget Reserve ’ Balance - July 1, 2005 05-06 Net change to reserve -adopted budget 2005-06 Projected Ending Balance Before BAOs Less: Additional Appropriation BAO# 4877 Duran & Venables for OS-00003 (Open Space Parking Improvement) BAO# 4893 PG-06003 Benches, Signage, Fendng Walkways and Landscaping BAO# 2005-06 Midyear report BAO# 4895 PE-04010 Children’s Library Improvements BAO# PE-86070 Street Maintenance 1,384,542 229,725 734,717 229,725 $24,516,000 ($6,033,000) $18,483,000 ($15,219) ($50,000) (16,320) (649,825) 0 Reserve Balance Afler BAO’s I $17,751,636 Attachment C FORMAL CONTRACT CONTRACT No. C06116005 (Public Work) Public Works Department SECTION 500 This Contract, number C06116005 dated is entered into by and between the City of Palo Alto, a chartered city and a municipal corporation of the State of California ("City") ,.and O’Grad¥ 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 Proiect 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:2006 Street Maintenance Program, Phase I, Invitation for Bids (IFB) Number 116005. Bid:$989,563.94 (Nine hundred eighty-nine thousand five hundred sixty-three and 94/100) 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 (1992). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) 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 (1992). Any other document not expressly mentioned herein which is issued by City or entered into by the parties. Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required bythe Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 16 of this CITY OF PALO ALTO CONTRACT C06116005 PAGE 1 OF 7rev. 12/00 FORMAL CONTRACT Contract. SECTION 500 Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter. To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council members, officers and employees from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. ~9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. ~)6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. ~2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, ~25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, ~)25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, ~25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, ~)25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any of its Council members, officers, employees, agents or representatives. 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 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 Bid. CITY OF PALO ALTO rev. 12/00 CONTRACT C06116005 PAGE 2 OF 7 FORMAL CONTRACT SECTION 500 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 durin~ 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; Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. eo 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; 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. 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 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. 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 CITY OF PALO ALTO CONTRACT C06116005 PAGE 3 OF 7 rev. 12/00 FORMAL CONTRACT SECTION 500 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 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Attn: Elizabeth Ames, Project Manager To Contractor:O’Grady Paving, Inc. 2513 Wyandotte Street Mountain View, CA 94043 Attn: Craig Young 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. 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 wdting and shall be executed by a person having the express authority to grant such approval or consent. Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. do Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. e.Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to PAGE 4 OF 7CITY OF PALO ALTO CONTRACT C06116005 rev. 12/00 FORMAL CONTRACT SECTION 500 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 tl4e 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’sfee, equally. Any written agreement reached in mediation shall be enforceable pursuant to California Code of Civil Procedure § 664.6, as amended. Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose, 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 PAGE 5 OF 7CITY OF PALO ALTO CONTRACT C06116005 rev. 12/00 FORMAL CONTRACT in the United States District Court for the Northern District of California. SECTION 500 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 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 ASTO FORM:CITY OF PALO ALTO Senior Assistant City Attorney Assistant 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 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 rev. 12/00 CONTRACT C06116005 PAGE 6 OF 7 FORMAL 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 rev. ! 2/00 CONTRACT C06116005 PAGE7 OF7 ATTACHMENT D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2006 STREET MAINTENANCE PROGRAM PROJECT PHASE 1 LIST OF STREETS STREET NAME Charleston Road Charleston Road Charleston Road Charleston Road Charleston Road West Charleston Road West Charleston Road West Charleston Road West Charleston Road El Camino Way El Camino Way El Camino Way El Camino Way Charleston Road Coulombe Drive West Bayshore Road Sycamore Drive Sycamore Drive Miranda Avenue Hanover Street Porter Drive Harbor Road at Baylands BEGIN Alma Street Wright Place Mumford Place Carlson Court Nelson Drive El Camino Real Wilkie Way Ruthelma Avenue Park Boulevard El Camino Real West Meadow Drive James Road El Camino Way Middlefield Road Maybell Avenue City Limits Louis Road Louis Road Veterans Hospital Page Mill Road Page Mill Road END Wright Place Mumford Place Carlson Court Nelson Drive Middlefield Road Wilkie Way Ruthelma Avenue Park Boulevard Alma Street West Meadow Drive El Camino Way El Camino Real James Road Fabian Way Arastradero Road Embarcadero Road End, West End, East Arastradero Road Hillview Avenue Hillview Avenue 0 z ~ 0 0o 0 ~Cc 0o 00 c ¸c ? -: ~ ATTACHMENT F CERTIFICATION OF NONDISCRIMINATION FORM 410 PROJECT: 2006 Street Maintenance Proqram Phase I Certification of Nondiscrimination: As suppliers of goods andlor services to the City of Palo Alto in excess of $5,000, the firm, contractor or individua!(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, madtal 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. Supplier also certifies compliance with the Fair Employment and Housing Act Addendum, Exhibit A attached. Firm: ~_’~’~ --~’~ " Title of Officer Signing: ~P Signature: DATE: ,z/_/~ ..~ CITY OF PALO ALTO IFB 116005 PAGE 1 OF 1 EXHIBIT A FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM 1. In the performance of the contract, the Contractor will not discriminate against any employee or applicant for employment because of race, sex, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, sex, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employrnent, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State or local agency setting forth theprovisions of this Fair Employment and Housing section. 2. The Contractor will permit access to his records of employmem, employment advertisements, application forms, and other pertinent data records by the State Fair Emplo)~-nent and Housing Commission, or any other agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment and Housing section of this contract. 3.Remedies for_Wi!lful Violations: (a) The State or local agency will determine a willful violation of the Fair Employment and Housing provision to have occurred upon receipt of a final judgment having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that the Contractor has violated the Fair Employment and Housing Act and has issued an order or obtained an injunction under Government Code Sections 12900, et seq. (b) For willful violation of this Fair Employment and Housing provision, the State of local agency shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State of local agency in securing the goods or services hereunder shall be borne and paid for the Contractor and by his surety under the performance bond, if any, and the State, or local agency may deduct from any monies due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State or local agency.