HomeMy WebLinkAbout2004-07-19 City Council (6)TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL ~
CITY MANAGER DEPARTMENT: PUBLIC WORKS X
DATE:JULY 19, 2004 CMR:355:04
SUBJECT: APPROVAL OF A CONTRACT WITH C. F. ARCHIBALD PAVING,
INC. IN THE AMOUNT OF $2,047,009 FOR THE 2004 STREET
MAINTENANCE PHASE 2 CAPITAL IMPROVEMENT PROGRAM
PROJECT PE-86070
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the attached contract with C. F.
Archibald Paving, Inc. in the amount of $2,047,009 for the 2004 Street Maintenance
Program Phase 2 Project (Attachment A); and
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with C.F. Archibald Paving, Inc. for related, additional
but unforeseen work, which may develop during the project, the total value of which
shall not exceed $204,701.
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 budget ranges from
$1.8M to $2M and averages approximately eight lane miles of resurfacing, street
reconstruction and concrete pavement repair and approximately eight lane miles of slurry
sealing. Approximately 20% of the budget is spent for slurry seal work. Information
regarding the Annual Pavement Maintenance Program, selection of streets and project
coordination is provided in CMR:286:04 (Attachment B).
In 2003, for the first time, the Street Maintenance Program was completed in two phases
under two separate contracts with the annual project budget remaining the same. Phase 1
included asphalt concrete paving, slurry seal, Portland Cement Concrete (P.C.C.) street
repair work and street reconstruction; Phase 2 included P:C.C. street repair work only. A
total of 19 lane miles were completed for Phases 1 and 2 as part of the 2003 Program.
Grouping the P.C.C. street work was a cost saving measure because it allowed a concrete
specialty contractor to be the prime contractor, el’.lminating overhead charges from asphalt
CMR:355:04 Page 1 of 6
concrete paving contractors who typically are the low bidders on the annual street
maintenance projects. Further, less coordination was needed since staff worked directly
with the concrete contractor without having to go through an asphalt paving contractor.
The 2004 Street Maintenance Program is following a similar format, except asphalt
concrete paving, slurry seal, P.C.C. street repair work and street reconstruction work will
be done as Phase 2 of the project. Phase 1 of the 2004 project was awarded by the
Council on April 19, 2004 (CMR:226:04) and will provide P.C.C. street repair work only.
DISCUSSION
The scope of the proposed 2004 Street maintenance Program Phase 2 Project includes
overlaying two lane miles, slurry sealing eleven lane miles, cape sealing six lane miles,
and crack sealing nine lane miles of city streets. Attachment C provides a list of streets to
receive maintenance, included in this contract categorized by type of work. Part of the
asphalt overlay and reconstruction work includes related work such as lane striping, base
failure repair, and concrete work including replacement of curb ramps, curb and gutters,
and sidewalks. Curb ramps will be installed to comply with the guidelines of the
American with Disabilities Act (ADA).
The project will incorporate cape sealing as a new maintenance treatment for roadways.
Cape sealing prolongs the lifespan of current pavements by 10 to 15 years at a reduced
lifespan cost compared to costs for overlaying roadway surfaces. It also enables an
additional six lane miles of maintenance. One disadvantage of a cape seal is that it
requires two separate street closures since it includes a two-part process of chip seal and a
slurry seal as final coat. The chip seal contains small aggregate that bonds with an oil
applied to the pavement surface and slurry seal applied 24 hours after the chip seal work.
In order to control the loose aggregate after the chip seal work, the street is swept and the
speed limit will be reduced to 15 mph for 24 hours until the street is slurry sealed. After
the slurry seal is applied, the street will be opened to traffic at regular speeds the same
day.
Additionally, pavement will be replaced, and new valley gutters and a smooth conform
area between the gutter and the private properties will be installed on Matadero Avenue
from Whitsell Avenue to E1 Camino Real. While the valley gutter and conform area is
not a dedicated sidewalk, the improvements will provide an improved surface for
walking. The Transportation Division will continue to pursue securing right-of-way for a
separate pathway as properties development in the area.
Street and sidewalk reconstruction will take place on Iris Way from Heather Avenue to
near Primrose Avenue. The sidewalk replacement project (CIP PE-89003) will contribute
$156,924 of funding to cover the sidewalk replacement on Iris Way.
Approximately 0.7 miles of Miranda Avenue from Arastradero Road to Miranda Green
will be reconstructed and a new asphalt concrete pathway will be constructed along the
CMR:355:04 Page 2 of 6
roadway with minor landscape improvements. The pathway, separated by asphalt berm,
is being installed to provide a safer route for pedestrians at the request from the Miranda
Avenue neighborhood since no sidewalk currently exists. The Transportation Division
and.Public Works Engineering staff conducted outreach meetings with Miranda Avenue
residents and traffic surveys were done to incorporate the majority of residents’
colmnents into this part of the project.
All pavement will be replaced on Portage Avenue from E1 Camino Real to Ash Street,
and on Hubbartt Drive from Georgia Avenue to Arastradero Road. In addition the
sidewalk replacement project will be contributing $18,265 of funding for sidewalk
replacements on Portage Avenue.
The below add/alternate bid items are included in the 2004 Street Maintenance Program
Phase 2 project, since the base bid submitted by the low bidding contractor is below the
contract funds available with these alternates. The add/alternates will allow for 5
additional street segments to be added to the project.
Add/Alternate # 1:
Matadero Avenue from Josina Avenue to E1 Camino Real
Add/Alternate #2:
o One block on Martin Avenue from Lincoln Avenue to Center Drive
Add/Alternate #3:
Iris Way from 110 Iris Way to 190 iris Way
Add/Alternate #4:
Cowper Street from Hamilton Avenue to Forest Avenue
Following the award of contract, businesses and residents affected by the project will be
notified. The contractor will also hand deliver door hanger notices seven days and 24
hours in advance of the construction work. Work is expected to start in August and be
completed in January 2005.
Bid Process
A notice inviting formal bids for the 2004 Street Maintenance Phase 2 project was issued
on June 22, 2004, and sent to 12 builders’ exchanges and 31 contractors. The bidding
period was 15 days and bids were received from four qualified contractors on July 6,
2004. See Attachment D for a summary of all bids received on the project. Bids
(including add/alternates #1, #2, #3 and #4) ranged from a low of $2,047,009 to a high
bid of $2,326,228.
CMR:355:04 Page 3 of 6
Bid Name/Number
Pioposed Length of Project -~
Number of Bids Mailed to Contractors
Summary. of Bid Process
2004 Street Maintenance/PE 86070
130 Calendar days ¯
’31 ’
Number of Bids Mailed to Builder’s Exchanges
Total Days to Respond to Bid
Pre,Bid Meeting?
Number of Company Attendees at Pre,Bid
Mee~g
Number of Bids Received:
Bid Price Range (add/alternates # 1, #2 and #3)
*Bid summary provided in Attachment D.
12
15
No
N/A
4’
Low bid of $2,047,009 to $2,326,228
The annual street maintenance program is funded by revenue from non-local sources~
including State gas tax and the Traffic Congestion Relief Fund. These non-local funding
sources require the contractor and its subcontractors to pay prevailing wage rates and
provide documentation in the form of certified payrolls. The City must advertise this as a
requirement and does so by including this provision in the Instructions to Bidders section
as part the project’s bid documents. The 2004 Street Maintenance Program Phase 2
Project was originally advertised for bids on May 6, 2004, and bids from three
contractors were received on Jtme 1, 2004. Because the prevailing wage requirements
were inadvertently omitted in the advertised bid document, the City Council rejected
these bids on June 28, 2004 (CMR:329:04). Therefore, the Phase 2 project was re-
advertised on June 22, 2004, to include the prevailing wage requirement.
Staff has reviewed all bids submitted and recommends that the bid, including the
add/alternate #1, #2, #3 and #4 totaling $2,047,009 submitted by C.F. Archibald Paving,
Inc. be accepted and that C.F. Archibald Paving, Inc. be declared the lowest responsible
bidder. The bid is 3% percent underthe engineer’s estimate of $2,107,969. Contingency
in the amount of $204,701 (equaling 10 percent of the total contract) is requested to
resolve unforeseen problems and/or conflicts that arise d~g the construction period.
Staff confLrmed with the Contractor’s State License Board that the contractor has an
active license on file. Staff checked references supplied by the contractor for previous
work performed and found no significant complaints. The Certification of
Nondiscrimination is Attachment E.
RESOURCE IMPACT
Funds for this project are included in the Capital Improvement Program Project PE-86070
and PO-89003 budgets. Due to the size of this annual maintenance project, City staffmg
levels are not adequate to accomplish the construction work in-house. In addition, the
City does not own the type and amount of equipment required to perform this work and
staff believes that it is cost effective to have this work performed by outside contractors.
CMR:355:04 Page 4 of 6
If the project does not proceed, the street conditions will continue to degrade, creating
increased maintenance costs in the future.~
Funding Summar3,:
Available Funding
FY 2003-04 project budget
Carryover from FY 2002-03
Mid-Year BAO-Grant Funding
Transfer from CIP PO-89003
Total Available Funding
$1,951,953
$ 410,228
$ 234,69O
$ 175,189
$2,772,060
Project Budget
Phase 1 Street Maintenance Project Contract
Construction Testing & Inspection
Subtotal Phase I Project Budget
Phase 2 Street Maintenance Project
Base Contract
Contingency
Construction Testing & Inspection
. Subtotal Phase 2 Project Budget
320,249
30,000
350,249
$2,047,009
$ 204,701
$ 170,000
$2,421,710
2004 Street Maintenance Phase 1 and 2
Project.Total $2,771,959
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
This project has been determined to have no significant effect on the environment and to
be categorically exempt from the California Environmental Quality Act (CEQA) per
CEQA Guidelines, Article 19, Section 15301, Class 3, (c).
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Contract
CMR:286:04
Phase 2 List of Project Streets
Bid Summary
Certification of Nondiscrimination
CMR:355:04 Page 5 of 6
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
Senior Engineer
GLENN S. ROBERTS
Director of Public Works
EMIL’,U- SON
Assistant City Manager
CMR:355:04 Page 6 of 6
ATTACHMENT A
FORMAL CONTRACT SECTION 500
CONTRACT No. C05105682
Public Works Department
This Contract, number C05105682 dated x 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 C.F. Archibald 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:2004 Street Maintenance Program Phase 2, Invitation for Bid (IFB) Number 105682A.
Bid:$2,047,008.84 (Two Million Forty Seven Thousand Eight and 84/100).
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.
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 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 # C05105682 PAGE 1 OF 7
rev. 12/00/JA
FORMAL CONTRACT SECTION 500
Contract.
o Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers,
employees, agents and representatives harmless from and against any and all claims, demands, liabilities,
losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or
indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts
or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law
respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from
Contractor’s failure 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 stdct 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 dutyl 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 CONTRACT # C05105682 PAGE 2 OF 7
rev. 12/00/JA
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 during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials are
required;
Any labor and services rendered and materials and equipment used or employed during the course
and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year
after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be
filed, on the date that final payment is made hereunder;
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;
go Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon the
person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project
Manager or any other person who has directly contributed to City’s decision to award the contract to
Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect
Contractor’s ability to perform under the Contract;
k°
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 P~oject 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.Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not
be assigned by Contractor. Any attempted assignment shall be null and void.
14.Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time
or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or
registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or
required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim
to City.
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
rev. 12/00/JA
CONTRACT # C05105682 PAGE 3 OF 7
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
250 Hamilton Avenue
Palo Alto, CA 94303
Attn: Elizabeth Ames, Project Manager
To Contractor:C.F. Archibald, Inc.
P.O. Box 37
Redwood City, CA 94064
17.
Attn: W.L. Archibald
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 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.
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.
CITY OF PALO ALTO CONTRACT # C05105682 PAGE 4 OF 7
rev. 12/00/JA
FORMAL CONTRACT SECTION 500
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the
construction or interpretation of any part of this Contract.
Incorporation of Documents. All documents constituting the Contract documents described in Section
3 hereof and all documents which may, from time to time, be referred to in any duly executed
amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part
of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral or
written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless
such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or
other stipulation in the Contract shall define or otherwise control, establish, or limit the performance
required or permitted or to be required of or permitted by either party. All provisions, whether
covenants or conditions, shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or
other writing, which authorizes any director, officer or other employee or partner to act for or in behalf
of Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void
or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as
an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to
any rights and benefits accorded or accruing to the City Council members, officers or employees of
City, and Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply
to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the
calculation of time hereunder, the time in which an act is to be performed shall be Computed by
excluding the first Day and including the last. If the time in which an act is to be performed falls on a
Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be
extended to the following Business Day.
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 ag reement 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
in the United States District Court for the Northern District of California.
CONTRACT # C05105682CITY OF PALO ALTO PAGE 5 OF 7
rev. 12/00/JA
FORMAL CONTRACT 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.
ATTEST:
APPROVED ASTO FORM:
City Clerk
CITY OF PALO ALTO
By:.
Its Mayor
Senior Assistant City Attorney
APPROVED:CONTRACTOR:
Assistant City Manager
Director of Public Works
Director of Administrative Services
Contract Manager (Insurance Review)
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 CONTRACT # C05105682 PAGE 6 OF 7rev. 12/00/JA
FORMAL CONTRACT SECTION 500
CERTIFICATE OF ACKNOWLEDG/~ENT
(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/JA
CONTRACT # C05105682 PAGE 7 OF 7
ATTACHMENT B
City of Palo Alto
City Manager’s Report
TO:
FROM:
DATE:
HONORABLE L’~TI’Y COUNCIL
CITY MANAGER DEPARTMENT:
JUNE 7, 2004
PUBLIC WORKS
CMR: 286:04
SUBJECT:INFOP,~MATION REGARD!~G THE ANNUAL PAVEMENT
MAINTENANCE PROGRAI~ SELECTION OF STREETS AND
PROJECT COORDINATION
This is an informational report and no Council action is required.
BACKGROUND
Staff has received numerous questions and concems from residents regarding selection
and coordination of City streets for the annual Street Maintenance Program. In addition,
City Council Members have voiced concerns about coordination between Public Works
Deparmaent annual street maintenance and Utilities Department maintenance and capital
projects.
DISCUSSION
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 program. This program is a decision-making
system that helps Public Works personnel make cost-effective decisions concerning the
maintenance and rehabilitation of the City’s pavements in a systematic way. The
pavement management program is certified annually by the Metropolitan Transportation
Commission, the transportation planning, coordinating and .financing agency for the nine-
county San Francisco Bay Area
The annual street maintenance project budget ranges from $1.8M - $2M and averages
approximately eight lane miles of resurfacing, street reconstruction and concrete
pavement repair and approximately eight lane miles of slurry sealing.
CMR:286:04 Page 1 of 3
Streets selected for the annual street resurfacing program receive
treatments:
¯preventative maintenance, such as slurry sealing and crack sealing
°asphalt concrete resurfacing "
°concrete pavement replacement
°total street reconstruction
several ~es of
The annual maintenance program strikes a balance between repairing damaged streets
and preserving streets in good condition. -~ the long term, the City benefits from this
approach since slurry and crack sealing is by comparison 1/10 the cost of overlay and
pavement replacement, and a slurry seal protects the streets from further damage by
approximately 7 years. While the City cannot repair every damaged street in Palo Alto,
the streets in relatively good condition receive a slurry seal at a low cost while most of
the budget goes towards streets in the worst condition, to ~provide a 20 or 40 year life
expectancy for asphalt concrete and portland cement concrete streets (PCC) respectively.
For streets that are not selected as part of the annual maintenance program, Public Works
Operations continues to repair potholes, patch rough pavement areas (skin patch) and
provide crack sealing, as necessary to ensure a safe roadway.
Over the last two years, Public Works has focused on streets north of Oregon Expressway
and has worked specifically on portland cement concrete (PCC) streetsto address
damaged streets in this area. In 2003, the repair of PCC streets totaled $500,000 (25% of
the 2003 program). In 2004, the repair of PCC streets totaled $300,000 (over 15% of the
2004 program).
Since many of the PCC streets in north Palo Alto have a service life of approximately 40
years, rideability is the major concern rather than structural integrity. The additional
expense to repair roads for a smoother tiding surface would defer the maintenance
needed for many streets within the City. The City works with the Palo Alto Bicycle
Advisory Committee to prioritize and address rideability concerns within a limited
budget.
In response to the concern that streets north of Oregon Expressway are deliberately
avoided; Public Works staff compared this area to the rest of Palo Alto. Approximately
1/3 of the City streets are north of Oregon Expressway, and many are PCC streets
requiring more expensive repairs (concrete is more expensive than asphalt). From 1999
to 2004, approximately 40% of the streets maintained were north of Oregon Expressway.
Based on these figures, streets north of Oregon Expressway have received a fair share of
the overall annual street maintenance including slurry seal, overlay and pavement
replacement.
CMR:286:04 Page 2 of 3
Coordination with Utilities Prqiects
Due to coordination efforts with City utility maintenance and capital projects, pavement
maintenance may be deferred until completion of the utility project. This prev6nts--street
cuts that would otherwise undermine the new pavement surface. Public Works, Utility
and Planning Department staff meet quarterly and with the assistance of a computerized
project coordination program linked with ~the City’s Geographical Information System
(GIS) continue to improve scheduling of City projects to reduce expenditures and
disruption on. City streets. The following streets are examples of this coordination:
Harriet Street from Hopkins Street to Parkinson Avenue (across from the Children’s
Library) will be resurfaced after the Wastewater projedt in 2003/04 and Water Main
Replacement project in 2005/06 is completed. In the mean time, Public Works
Operations will perform a skin patch in this area to improve rideability.
Forest Avenue from Center Drive to Boyce Avenue .will be resurfaced after the
Water Main Replacement project in 2006/07 is completed.
Cowper Street from Churchill Avenue to Lowell Avenue, and Cowper Street from
Hamilton Avenue to Forest Avenue are expected to be resurfaced this year.
Hamilton Avenue from Fulton Street to Webster Street will be resurfaced after the
Wastewater project in 2004/05 and after the Gas Main Replacement project in
2005/06 is competed.
Staff continues to preserve the City’s. street infrastructure by repairing the worst streets
and by using preventative methods such as slurry seal and crack sealing as part of the
annual maintenance project. Preventative maintenance along with on-going project
coordination significantly reduces street deterioration of Palo Alto’s street network.
/
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
rH AMES
Director?of P;bli~ Work~
Assistant City Manager
CMR:286:04 Page 3 of 3
ATTACHMENT C
"2004 STREET MAINTENANCE PROGRAM PHASE 2
LIST OF PROJECT STREETS
2
3
4
5
HubbarttAvenue
Iris Way
Miranda Avenue
Miranda Avenue
Portage Avenue
1 Amarillo Avenue
2 Bryant Street
3 Bryant Street
4 Iris Way
5 Kirby Place
6 Matadero Avenue
7 Matadero Avenue
8 Martin Avenue
9 Cowper Street
10 Palo Alto Avenue
1 Alester Avenue
2 Alester Avenue
3 Duncan Place
4 Duncan Place
5 Elwell Court
6 Ely Place
7 Embarcadero Avenue *
8 Fabian Way
9 Ferne Avenue
10 Ferne Avenue
11 Ferne Avenue
12 Ferne Cul de sac 1
13 Ferne Cul de sac 2
14 Gary Court
15 Iris Way
16,Jefferson Drive
17’Louis Road
18 Madison Way
19 Madison Way
20 Martinsen Court
21 Oxford Avenue
22 Patricia Lane
23 Rosewood Drive
24 Tennessee Avenue
25 Tennessee Avenue
26 Tioga Court
27 Wellsbury Way
28 Wellsbury Way
29 Wellsbury Way
Georgia Avenue
Station 16+50
Arastradero Road
Arroyo Court
El Camino Real
Arastradero Avenue
Station 23+50
Arroyo Court
Miranda Green
Ash Street
West Bayshore Intersection onl~
Embarcadero Road
Kello99 Avenue
Heather Lane
Martin Avenue
Whitsell Avenue
Josina Avenue
Lincoln Avenue
Hamilton Avenue
Waverly Pedestrian Bridge
Channin~l Avenue
Dana Avenue
El)/Place
Duncan cul de sac
East bayshore Road
Carlson Court
Middlefield Road
West Bayshore Road
Ferne Court
Briarwood Way
Scripps Court
Ferne Avenue
Ferne Avenue
Cowper Street
Station 23+50
Hamilton Avenue
Garland Avenue
Jefferson Drive
Phillips Road
Cowper Street
Birch Avenue
Hamilton Avenue
Ross Road
Wilkie Way
Park Boulevard
Nelson Drive
Towle Way
Wellsbury Court
Wellsbury Culdesac
TO RECEIVE BASE FAILURE REPAIRS AND CRACK SEAL
Kellog~l Avenue
Churchill Avenue
Station 16+50
End
El Camino Real
Whitsell Avenue
Center Drive
Forest Avenue
Dana Avenue
Hamilton Avenue
Duncan cul de sac
BEND AT Duncan
End
Duncan Place
St. Francis Avenue
Charleston Avenue
Briarwood Way
Scripps Court
Mackay Drive
End
End
End
Station 28+00
Edgewood Drive
Oregon EXPY
Phillips Road
Hamilton Avenue
End
.Park Boulevard
Edgewood Drive
Moreno Avenue
End
Wilkie Way
End
Wellsbury Court
Wellsbury Culdesac
Middlefield Road
ONLY
1 of 2
2004 STREET MAINTENANCE PROGRAM PHASE 2
LIST OF PROJECT STREETS
1 El Dorado Avenue
2 El Dorado Avenue
3 El Dorado Avenue
4 El Dorado Avenue
5 El Dorado Avenue
Alma Street
Emerson Street
Ramona Street
Bryant Street
South Court
Emerson Street
Ramona Street
Bn/ant Avenue
South Court
Waverly Street
6
7
8 Higgins Place Colorado Avenue
9 Miller Court Miller Avenue
10 Moana Court Miranda Avenue
11 Page Mill road 3.1 mile marker
12 Pitman Avenue Newell Avenue
13 Silva Court Silva Avenue
14 West Bayshore Road Loma Verde Avenue
15 West Meadow Drive El Camino Way
16 West Meadow Drive Wilkie Way
17 West Meadow Drive Second Street
Bend at old R&R Crossing Page Mill Road
18 West Meadow Drive , Park Boulevard
Bend at old R&R Crossing
End
End
End
2.6 mile marker
Center Drive
End
Fabian way
Wilkie Way
Second Street
Park Boulevard
1
2 Kellogg Avenue
3 Webster Street Embarcadero Road
4 Kellogg Street Cowper Street
5 Kellogg Street Tasso Street
6 Kellogg Street Webster Street
7 Kellogg Street Byron Street
8 Tasso Street Melville Avenue
9 Tasso Street Kellogg Avenue
10 Walter Hayes Walnut Drive
11 Southwood Avenue Edgewood Avenue
12 Greer Road Louis road
13 Stockton Place Vernon Terrace
14 Moffet Circle Greer Road
15 Encina Avenue El Camino Road
16 Loma Verde Avenue Manchester Court
17 Loma Verde Avenue Greer Road
18 Ross Road Loma Verde Avenue
19 Ross Road Allen court
20 Ross Road Stern Avenue
21 Ruthven Avenue Waverley Street
22 High Street Channing Avenue
23 High Street Addison Avenue
24 High Street Lincoln Avenue
Webster Street Melville Avenue
Webster Street
Kellogg Avenue
Embarcadero Road
Coleridge Avenue
Tasso Street
Webster Street
Byron Street
Middlefield Road
Kellogg Avenue
Embarcadero Road
Walnut Drive
E. Crescent Drive
Colorado Avenue
Maddux Drive
Moffet Circle
END
David Avenue
Maddux Drive
Ross Court
Loma Verde Avenue
Allen Court
Cowper Street
Addison Avenue
Lincoln Avenue
END
2 of 2
ATTACHMENT E
CERTIFICATION OF NONDISCRIMINATION
PROJECT: 2004 Street Maintenance Proqram Phase 2
Certification of Nondiscrimination:
SECTION 410
As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below
certify that they do not discriminate in employment with regards to age, race, color, religion, sex,
national origin, ancestry, disability, or sexual preference; that they are in compliance with all
Federal, State, and local directives and executive orders regarding nondiscrimination in
employment.
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW.
Signature(s) must be the same signature(s) as will appear on Contract:
Firm:
Signature:
Name:
Signature:
Name:
(PRINT OR TYPE NAME)
(PRINT’OR TYPE NAME)
Note:The City of Palo Alto, pursuant to Califomia Corporations Code Section 313 requires two
corporate officers to execute contracts.
*The signature of First Officer* must be one of the following: Chairman of the
Board;President; or Vice President.
**The signature of the Second Officer** must be one of the following: Secretary;
Assistant Secretary; Chief Financial Officer; or Assistant .Treasurer.
(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 IFB105682A PAGE 1 OF 1