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HomeMy WebLinkAboutStaff Report 324-06City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL 17 FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: SUBJECT: AUGUST 7, 2006 CMR:324:06 APPROVAL OF A CONTRACT WITH C.F. ARCHIBALD INC. IN THE AMOUNT OF $3,746,646 FOR THE 2006 STREET MAINTENANCE PROGRAM PHASE 2 CAPITAL IMPROVEMENT PROJECT PE-86070; AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE ONE OR MORE CHANGE ORDERS TO THE CONTRACT WITH C.F. ARCHIBALD INC. FOR RELATED, ADDITIONAL BUT UNFORESEEN WORK THAT MAY DEVELOP DURING THE PROJECT, THE TOTAL VALUEOF WHICH SHALL NOT EXCEED $374,665 RECOMMENDATION Staff recommends that Council: Approve and authorize the City Manager or his designee to execute the attached contract in the amount of $3,746,646 with C.F. Archibald Inc. (Attachment A) for the 2006 Street Maintenance Program, Phase 2 - Capital Improvement Project PE-86070; and Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with C.F. Archibald Inc. for related, additional but unforeseen work that may develop during the project, the total value of which shall not exceed $374,665.. BACKGROUND Public Works Engineering manages the annual resurfacing and reconstruction of various City streets. The candidate streets are surveyed and rated biannually by a computerized pavement management system. The annual street maintenance projects typically encompass about eight lane miles of asphalt concrete paving and eight .lane miles of slurry sealing, with a program budget of about $2 million for all project phases. 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 phasing proved to be more cost-effective by avoiding the typical 15% markup on concrete work and cape/slurry sealing previously included in asphalt resurfacing contracts because this work was subcontracted out. CMR:324:06 Page 1 of 6 On May 15, 2006 the City Council awarded a contract in the amount of $1.1 million for Phase 1 of the 2006 Street Maintenance Program (CMR:214:06). This project, which is currently under construction, focused on cape and slurring sealing approximately 13 lane miles of City streets as a preventive maintenance measure. DISCUSSION This year the Phase 11 project will use the remaining budget in the 2005-06 Street Maintenance Program plus most of the 2006-07 program budget to take advantage of current bid prices and allow for more work than in previous years to reduce future street maintenance backlog. The Phase II project is responsive to the City Auditor’s street maintenance program audit in reducing the street maintenance program backlog and in the aggressive coordination effort undertaken by Public Works and the Utilities Department to ensure that the streets undergoing repair will not be cut by planned future utility work (except unforeseen emergency work or private developments). It is anticipated that additional revenues for 2006-07 street maintenance activities will be brought to the City Council as part of the mid-year budget review, particularly from State Proposition 42 monies allocated to Palo Alto and revenues collected from the City’s street cut fees. This additional funding, along with the planned 2007-08 street maintenance budget, will allow for the planned SOFA (South Of Forest Avenue) area street maintenance work scheduled for summer 2007 after the Utility projects in this area are completed, and needed maintenance work on other priority streets. Phase II Scope of Work The Phase 11 Street Maintenance Project will address street repair needs on over 11 lane miles of City streets. Attachment B is the list of streets included in the Phase 11 contract. This year staff has included $821,600 (Add Alternate 1) for base failure repairs on arterial roadways throughout the City to address damaged areas on these streets resulting from the past two winters of heavy rainfall. This work is equivalent to about 3 lane miles of street repairs and will prolong the useful life of these streets until such time as utility work is completed and they are prioritized for inclusion with future street maintenance contracts for slurry/cape sealing or resurfacing. Staff has included two additional add alternate bid items in the Phase 11 contract to address other high priority streets: o Two blocks ofForest Avenue from Ramona Street to High Street and one block of Embarcadero Road from Middlefield Road to Fulton Street One block of High Street from Channing Avenue to Addison Avenue and one block of University Avenue from Hale Street to Chaucer Street This year the City also received Surface Transportation Program (STP) in the amount of $788,000 to resurface two sections of upper Page Mill Road, eight blocks of Embarcadero Road and nine blocks of University Avenue. This work is included in the Phase II project. University Avenue from the East Palo Alto city limits to Hale Street and Embarcadero Road from Emerson Street to Fulton Street will be overlayed. The Phase II project will replace pavement and install new valley gutters on Military Way, Magnolia Drive to E1 Camino Real. This project is needed to provide a drainage solution for the remaining ponding problems on La Selva and Magnolia Drives. Storm drainage, street and CMR:324:06 Page 2 of 6 sidewalk reconstruction has been coordinated on Waverly Street from Oregon Expressway to Colorado Avenue as part of the project. The Phase II project will also include resurfacing of numerous sections of failed or broken curb and gutters on Middlefield Road between the,Menlo Park City limit and Melville Avenue. Two new valley gutters across Lincoln Avenue and Kingsley Avenue will be constructed along the western side of Middlefield Road. The new gutters will reduce standing water and will prolong the life of the new asphalt pavement. Lastly, the Phase II project includes planned lane restriping usually done by Public Works Operations. By including this work in the contract, the striping is more cost effective allowing more streets to be restriped and will result in a decrease in the striping backlog. Funding for this work in the amount of $30,000 will be transferred to the project from Public Works Operations. Following the award of contract, businesses and residents affected by the project will be notified. The contractor will 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 late August and be complete in December. Project Coordination The streets included in the Phase II project have been extensively coordinated to avoid conflicts with utility maintenance and sidewalk repair work. Much of this planned street maintenance work was scheduled in conjunction with planned utility maintenance work resulting in increased efficiency and less disruption to Palo Alto residents. For example, street maintenance work on Waverley Street from Oregon Expressway to Colorado Avenue was deferred two years to allow for electrical underground work and sidewalk replacement. Similarly, street maintenance work on Bryant Street from Santa Rita Avenue to North California Avenue was deferred two years to allow for new utility service connections. Work on Melville Avenue from Waverley Street to Cowper Street was deferred five years to allow for gas main replacement and street maintenance work. Paving on Forest Avenue from Ramona Street to Emerson Street was deferred two years, due to a gas main replacement. Many priority streets needing street maintenance work have been moved out to future years to accommodate planned utility replacement work to avoid cutting into newly repaved streets (see Attachment E). Similarly, some planned utility work was moved up so that street maintenance work on University Avenue from Hale Street to the City limit and on Embarcadero Road from Emerson Street to Fulton Street could be moved forward to the Phase II contract to take advantage of the STP funding mentioned previously in this report. Lastly, repaving of High Street from Homer Avenue to Addison Avenue has been included in Phase II to repair damage resulting from the 800 High Street housing project. The developer of this project will contribute approximately $15,000 for this work under the terms of the Subdivision Improvement Agreement. Staff from Utilities and Public Works Departments continue to meet monthly to coordinate work and plan future projects. In response to the City Auditor’s report, "targeted zones" are being CMR:324:06 Page 3 of 6 identified where utility work will precede needed street maintenance on a regional basis. The first of these zones is the SOFA area bounded by Waverley and Ramona Streets, Homer and Channing Avenues. Street maintenance work in this "zone" will be included in the 2007 street maintenance project. The next "zone" is the College Terrace area, targeted for street maintenance work in 2008-10. Barron Park has been identified as a potential targeted zone where utility work may be concentrated to allow for completion of remaining street maintenance needs in two phases (north and south) in the next five years. Staff will continue to pursue the targeted work zone approach to better coordinate utility and street maintenance work to minimize cutting into newly paved streets and lessen disruption to the public. Backlog Reduction The City’s Pavement Management and Maintenance System (PMMS) calculates new pavement condition index (PCI) scores each year based on the streets included in a given project. The City’s current street maintenance backlog is measured by comparing the PCI scores from year to year. A PCI score of 100 indicates a newly paved or resurfaced street with an approximate 20 year pavement life and scores close to zero indicate streets that have exceeded their useful life and need to be completely replaced. Attachment F is a graph showing how the percentage of excellent and good condition streets have both increased by 2% as a result of the 2006 street maintenance projects (both phases I and II) while the corresponding percentages of average and poor streets have dropped by 1% and 3% respectively. A primary goal of the street maintenance program is to increase the percentage of streets in excellent and good condition and reduce the number of streets in average and poor condition. Streets considered in excellent condition have PCI scores ranging from 91 to 100, good streets have PCI scores ranging from 75 to 90, and average streets have PCI scores ranging from 60 to 74, while poor streets have PCI scores ranging from 0 to 59. As a result of the 2006 Street Maintenance Program, the PMMS data show that 73% of the City’s streets are in good to excellent condition (an increase of 4% over 2005) while 27% of the City’s streets are in average to poor condition (a decrease of 4% over 2005). Future street maintenance projects will continue to improve the percentages of streets in excellent and good condition. BidProcess A notice inviting formal bids for the 2006 Street Maintenance Program Phase 2 project was posted at City Hall May 24, 2006 and sent to 10 builders’ exchanges and 10 potential bidders. The bidding period was 21 days. Bids were received from two qualified contractors on June 20, 2006 as listed on the attached bid summary (Attachment C). Bids ranged from a total low bid of $4,282,731 to a high of $4,417,249. Staff evaluated a bid pricing error on O’Grady Paving’s bid which increased their bid to $4,417,249 over that of C.F. Archibald’s bid with all alernates totaling $4,282,731. Therefore, C.F Archibald’s bid was considered the low bid. The low bid is 26 percent over the engineer’s estimate of $3,409,798. The engineer’s estimate was based on a standard rate of 3% to 5% inflation increase in costs received on the prior street maintenance project. Construction costs have increased by 25% to 30% due to a surge in raw material and energy costs which resulted in the higher bid prices. Contractors not submitting bids indicated that they were too busy with other projects to bid. CMR:324:06 Page 4 of 6 Summary of Bid Process 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 6 alternates) 2006 Street Maintenance Program Phase 2 / IFB #116969 180 calendar days 10 10 28 No N/A 2 Low bid $4,282,731 to a high of $4,417,249 The Certification of Nondiscrimination is Attachment D. Staff recommends that the base bid, plus add/alternates 1, 2 and 4 for a total bid of $3,746,646 submitted by C.F. Archibald inc be accepted and that C.F. Archibald Inc. be declared the lowest responsible bidder. The change order amount of $374,665 (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. 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 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 annual budget for the Street Maintenance project PE-86070 is $1,945,000. Since design and construction of this project crosses fiscal years (2005-06 and 2006-07), staff has historically used funding from the first year only, keeping the second years funding for the following year. This year the projects Phase 1 and 2 will make use of the accumulated two years funding in order to address the City Auditor’s recommendations for increased volume of streets maintained and to include the base failure repair as a result of two wet winters. In addition, STP funding in the amount of $788,000 is included to resurface Page Mill Road, Embarcadero Road and University Avenue. This transaction has no impact on the Infrastructure Reserve. Sufficient budget for the 2007 project will be available July 1, 2007 subject to Council approval of the Capital Improvement Budget. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policies. CMR:324:06 Page 5 of 6 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), Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: ATTACHMENTS Contract ~ List of Streets Bid Summary Certification of Nondiscrimination Priority Streets Needing Utility Repairs Pavement Condition ELIZ AB~’~I~H AMES Senior Engineer DEPARTMENT HEAD: Director of Public Works CITY MANAGER APPROVAL: Assistant City Manager CMR:324:06 Page 6 of 6 ATTACHMENT A FORMAL CONTRACT CONTRACT No. C07116969 (Public Work) Public Works Department SECTION 500 This Contract, number C07116969 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 x ("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 2, Invitation for Bids (IFB) Number 116969. Bid:$3,746,645.90 (Three million seven hundred forty-si~, thousand six hundred forty-five dollars and 100/90) (This amount includes Base Bid, and Add Alternates 1, 2, and 4) Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. ao This Contract. 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 obligat!ons 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 CITY OF PALO ALTO rev. 12/00 CONTRACT C07116969 PAGE 1 OF 7 FORMAL CONTRACT SECTION 500 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 Reso=~;e Conservation and Recov( ...’y Act (42 U.S.C. ~6901-6992k, as amended); the Toxic Substances Control Ac’~ ~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 o~f 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 C07116969 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: ao Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; bo 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; Co Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; d=Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. 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; ho 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; 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; 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 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. 15.Audits by City. During the term of this Contract and for a period of not less than three (3) years after the CITY OF PALO ALTO CONTRACT C07116969 PAGE 3 OF 7 rev. 12/00 FORMAL CONTRACT SECTION 500 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: Copy to: 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 To Contractor:C.F. Archibald Paving P.O. Box 37 Redwood City, CA 94064 Attn: Katrina Archibald 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. bo 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 (1992) of this Contract are incorporated herein by reference. CITY OF PALO ALTO rev. 12/00 CONTRACT C07116969 PAGE 4 OF 7 FORMAL CONTRACT SECTION 500 e.Force Majeure. Neither party shall be deemed to be in default on accountof any delay or failure to perform its obligations under this Contract which directly results from an Act of God or an act of a superior governmental authority. Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. go 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. ko 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. 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. 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 UoS. 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. 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 CITY OF PALO ALTO rev. 12/00 CONTRACT C07116969 PAGE5 OF7 FORMAL CONTRACT SECTION 500 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 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 C07116969 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. 12/00 CONTRACT C07116969 PAGE 7 OF 7 ATTACHMENT B BASE BID STREETS STREET Page Mill Road Page Mill Road University Avenue University Avenue University Avenue University Avenue University Avenue University Avenue University Avenue University Avenue Embarcadero Road Embarcadero Road Embarcadero Road Embarcadero Road Embarcadero Road Embarcadero Road Embarcadero Road Middlefield Road*** Channing Avenue repair work !Waverly Street Waverly Street Military Way Everett Avenue ** Bryant Street Bryant Street High Street Melville Avenue STREET Alma Street Amarillo Avenue Amarillo Avenue Colorado Avenue Embarcadero Road Greer Road Middlefield Road Louis Road Middlefield road Welch Road San Antonio Avenue San Antonio Avenue FROM Mile Marker 1.7 Mile Marker 2.3 Chaucer Street Marlowe Street Maple Street Palm Street Lincoln Avenue Crescent Drive Center Drive Crescent Drive Emerson Street Bryant Street Waverley Street Cowper Street Tasso Street Webster Street Byron Street TO Mile Marker 1.9 Mile Marker 2.6 Marlowe Street Maple Street Palm Street Lincoln Avenue Crescent Drive Center Drive Crescent Drive City Limit Bryant Street Waverley Street Cowper Street Tasso Street Webster Street Byron Street Middlefield Road See 01900-2 list by address for location and quantity at Kipling Street *** Oregon Expressway Marion Street El Camino Webster Street Santa Rita Avenue Washington Avenue Homer Avenue Waverley/Street Marion Street Colorado Avenue Magnolia Drive Cowper,Street Washington Avenue N. California Avenue Channing Avenue Cowper Street N, San Antonio Avenue N California Avenue Seale Avenue Seale Avenue Seale Avenue Seale Avenue ALTERNATEISTREETS FROM " South City limit Tanland Drive Tanland Drive Alma Street Geng Road Embarcedero Road South City limit Oregon Avenue North City Limit Pasteur Drive City Limit i Byron Street Alma Street Louis Rd Newell Road Mark Twain Street Bret Harte Street Barbara Drive TO Colorado Avenue Tanland Drive W. Bayshore Road W. Bayshore Road Bend N California Avenue N Califo~’nia Avenue Colorado Avenue N California Avenue Quarry Road Byron Street City Limit Dake Avenue Embarcadero Road Mark Twain Street Bret Harte Street Barbara Drive End ATTACHMENT B ALTERNATE2STREETS STREET FROM !TO Forest Avenue Ramona Street Emerson Street Forest Avenue Emerson Street High Street Embarcadero Road Middlefield Road Fulton Street Forest Avenue High Street Alma Street STREET Hi~lh Street !University Avenue Street Name Arastradero California Embarcadero Embarcadero Hillview Los Robles Los Robles Lambert ALTERNATE4STREETS FROM TO Channing Avenue Addison Avenue HaleStreet ChaucerStreet STRIPING WORK FOR PUBLIC WORKS OPERATIONS Direction Both Both Both Both East side Both Both Both Distance Usin,~ Cross Streets El Camino to Foothill Expwy Yale to Dartmouth / Hanover El Camino to 500’ east of El Newell to Addison Arastradero to Foothill Laguna to Orme Villa Vera to ~EI Camino Park to Ash Park Park Louis Greer Alma East Bad/shore Rd. Welch Rd. Pasteur Sand Hill Sand Hill Page mill Rd. to Lambert Cambridge to Stanford Loma Verde to Oregon Expwy Maddux to 200’ north of Maddux Lytton to Palo Alto Ave. San Antonio to 1/10 mi. n.Adobe Quarry - Pasteur Welch - Sand Hill Aboreteum to San Francisquito Cr Arboreteum to 375’ West of Welch Both Both Both Both Both Both Both East side Both Both 0 0 0 0 0 0 0 ~ ~0 0 00 0 0 0 0 0 tO 0 b3 0 0 0 O 0 O 0 0 0 0 0 0 0 0 0 0 0 00 0 0 LO CO C~ ~) 0 0 0 0 C) O 0 0 0 0 0 0 0 0 0 0 0 0 0 d N d dld did N d d d:ddd~ LU z o o o o 000000000 000000000dddddddd~ dddddddd~000000000 000000000 000000010000000000000~0000~ ~ d d ~ ~ d~ ~ d d ~ d ~ d d d ~ d ~ d d~d ~ LU I-- LLI ~dd~d, dd6ddddd~ddd~dddd ~.~~~ 8~~°~°~°° o~oooooooo ooooo~ooooo6, gg ~ d d d d ~ d dd ~ d d~d d d~d Zd d ~ gg ~ LU d ~ ~ d d did d d d d d d’d d d ~ ~ d ~ d d d d ~ d d ~ ~ d d ~ ~i~ ~ ~ ~ d d d ~ o d d~ ~ d d d d d d ~ d dd ~o~~ o~~moooo~ooo~ ~~d~ddd~d~dd~ddd d~ddddddd~dddddddddd ~ ~ ~ d d d d d d ~ ~ d d ~ ~ d d d ~ ~ d d di~ d d dldld d d d d ~ d d d d d ~ ~ d d d ~ ILl ~~d~dddd~d~d~ddd ILl 000000000000000000~000~ iiiiii iii g Z o g o o c cc c ~d ~ " ~ ~ od’d d d d d,© d d d d d d ~ d d d ~0 0 0 0 ~D ~) O) 0 0 0 0 0 ~ LO 0 0 ~ 0 ~-I.- LU0 u.IILl V o.i d ~ d d d d d d ~ ~ ~ d d d d d ~: d d d @ i~4dddd~dd~dd~ddd~dd ATTACHMENT D CERTIFICATION OF NONDISCR!MINATION FORM 410 PROJECT: 2006 Street Maintenance Proqram 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: Title of Officer signing: Signature: DATE: CITY OF PALO ALTO IFB 116969 PAGE 1 OF 1 l-Zw r~ 0 0 < 0 o Z