HomeMy WebLinkAbout2003-12-01 City Council (4)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
SUBJECT:
DECEMBER 1, 2003
APPROVAL OF CHANGE
CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
CMR: 532:03
ORDER NO. 1 TO CONTRACT NO.
C3141079 WITH NORTHWEST WOODLAND SERVICES, INC. IN
AN AMOUNT NOT TO EXCEED $12,634 TO PROVIDE
ADDITIONAL TRAIL REPAIRS AND IMPROVEMENTS AT
ARASTRADERO PRESERVE
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or his designee
to negotiate and execute a change order to the contract with Northwest Woodland
Services, Inc. to provide additional trail repairs and improvements to remedy trail tread
stability and drainage problems, the total value of which shall not exceed $12,634.
This change order amount is an increase to the original approved contract change order
authority, bringing the total change order authority to $32,449, which represents 33
percent of the contract amount.
BACKGROUND
In May 2001, Council approved the Arastradero Preserve Trail Master Plan (CMR:
231:01). In order to implement the Master Plan, Council approved a contract with
Northwest Woodland Services, Inc. in September 2002 (Attachment A). The scope of
work included: filling ruts along the trail tread; re-sloping and re-grading to provide
proper drainage and safe access; installing culverts and drain dips to move water off the
trails; installing retaining walls and structures necessary to prevent erosion; and rerouting
inappropriately sited sections-of trails and restoration of abandoned and renegade trail
routes. The original contract amount was $99,075, with change order authority of
$19,815.
DISCUSSION
Construction on this project started in late September 2002. During construction, errors
in the bid package were discovered, such that the reconstruction costs of six trails were
underestimated by $12,857. During December and April of 2002-03, rainfall was three
CMR:532:03 Page 1 of 3
time above average. These intense periods of rain washed out newly rocked sections of
trails, culverts and other structures and identified unforeseen drainage problems that
resulted in most seasonal trails being closed for up to 130 days. Sections of trails located
at the top and mid slope of ridges dried out quickly while sections of the same trails at the
base of slopes or those that crossed drainages remained wet and muddy all winter,
requiring the entire trail to remain closed to public access. Emergency repairs where
made during a short construction window to correct the damage done by these storms and
drainage problems, and allow the trails to be opened for safe usage. These emergency
improvements resulted in overages of $26,508. Savings in other areas of the contract
reduced total overages to $11,134 over the contract amount. Additional grading and
compaction will need to be completed during the winter of 2003-04 to prevent further
erosion. This work is anticipated to cost $1,500, and was unforeseen.
RESOURCE IMPACT
Funds for the change order are available in Capital Improvement Project 10001, Open
Space Trails. All funds for this project up to a maximum of $225,000 will be reimbursed
by the State of California Department of Parks and Recreation from an approved Non-
motorized Trail grant.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
Improvement of approved trails and closure of renegade trails is consistent with
Comprehensive Plan Policy N- 1: Manage existing public open space areas and encourage
the management of private open space areas in a manner that meets habitat protection
goals, public safety concerns, and low impact recreation needs.
ENVIRONMENTAL REVIEW
All work proposed under this contract was recommended in the Arastradero Preserve
Trail Master Plan. The Master Plan, together with findings for a mitigated negative
declaration, were reviewed and adopted by Council on May 14, 2001 in accordance with
California Environmental Quality Act (CEQA) guidelines.
ATTACHMENTS
Attachment A:Contract CMR 381:02
CMR:532:03 Page 2 of 3
PREPARED BY:
LESTER HODGINS
Supervisor, Open Space
DEPARTMENT HEAD:
"PAUL THILTGEN ~ t’
Director, Community Service Department
CITY MANAGER APPROV~ :@.
EM~Y HAR~SON
Assistant City Manager
CMR:532:03 Page 3 of 3
TO:
FROM:
City of Palo
C ty Manager’s Report
8 ’HONORABLE C1TY COUNCIL i
.CITY MANAGER DEPARTMEh~: COMMUNITY SERVICES
DATE:SEPTEMBER 9, 2002 CMR: 381:02
SUBJECT:APPROVAL OF A CONTRACT "6rlTH NORTItSVEST WOODLAND
SERXrICES, INC. LN AN AMOUNVr NOT TO EXCEED $118,890 FOR
ARASTRADERO PRESERVE TRAIL IMPROX~MENTS AND
INSTALLATION OF FIXTURES
RECOMMEh~ATION
Staff recommends that Council:
1.Approve and authorize the Mayor to execute the attached contract with NOl@West
Woodland Services, Inc. in the anaount of $99,,075 for the repair and rerouting of
trails; instaiIation df trail f~x~mres and restoration of abandoned trail routes in the
Arastradero Preserve.
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Nor~west Woodland Services, Inc. for related,
additional but unforeseen work which may develop during the project, the total
value of which shall not exceed $19,815.
DISCUSSION
Prqiect Description
The work to be perforated under the contract is for the implementation of the Arastradero
Preserve Trail Master Plan, which was approved by Council on May 14, 2001 (CMR:
231:01). The scope of work includes filling ruts along the trail .tread, re-sl0ping and re-
wading trails to provide proper da’ainage and safe access, installing water bars and drain
dips to move water off the trai! surface, .insta!ling retaining walls and other structures
necessmD,, to prevent erosion, and re-routffag sections of the Redtail Hawk Loop Trail and
.Meadowlark Trail that are Inappropriately sited. After trail treads have been repaired and
properly sloped, the contractor will restore renegade trails that have been abandoned. The
resulting trail system will provide ten miles of multi-use trails for hikers, mountain bikers
and equestrians. More than half of the trails in the Preserve will provide year-round
-Page ! of 3
access. The rest of the trails wilt be closed seasonally after periods of heavy rainfall to
prevent erosion and damage to the trail tread.
Bid Process
A notice inviting formal bids for the Arastradero Preserve Trail Improvement project was
sent on July 9, 2002 to 21 trail building contractors. The bidding period was 21 days. A
pre-bid meeting was not mandatory for this project. Bids were received from 3 qualified
contractors on July .30, 2002, as listed on the attached bid summary (Attachment A).
Bids ranged from a hip of $179,742 to a low bid of $99,075. Contractors not
¯ ~._responding indicated that they did not submit a bid beeanse, !) they were too busy to
perform the work, or 2) the project was too far away. Staff has reviewed a!l bids
submitted and recommends that the bid of $99,075 submitted by Northwest Woodland
Services, Inc. be accepted and that Northwest Woodland Services, Inc. be declared the
lowest responsible bidder. The .bid is 30 percent-below the estimate of$!30i000
developed by the consultant who prepared the trail master plan. A contingency amount
of $19,815, which equals 20 percent of the total contract, is requested. This unusually
large contingency amount is suggested because of many possible variables in
accomplishing the work needed to restore trails in the Preserve. including weather,
unexpected soil conditions; and plants or animals of concern discovered during pre-
construction bioioNcal surveys which cause rer0uting of trail paths. Contingency funds
will also be. necessary for restoration of abandoned trail seg-ments, although it is difficult
to determine the scope of work for these restoration projects at this time.
Staff checked references supplied by thecontractor for previous work performed and
found no complaints. The contractor is licensed with the Oregon Contractor’s State
License Board and is provisionally Iicensed to work in California. No special work
permits are required for *dais project.
RESOURCE iI~i~PACT
Funds are available in Capital Improvement Project 10001, Open Space Trails. All funds
for this project up to a maximum of $225,000 will .be reimbursed by the State of
California Department of Parks .and Recreation from an approved Non-Motorized Trail
POLICY IMPLICATIONS
This recommendation does not represent a~ay change to existing Ci>y policies.
Improvement of approved trails and closure of renegade trails is consistent with
Comprehensive Plan Policy N- 1: Manage existing punic open space areas and encourage
the management of private open space areas in a manner that meets habitat protection
goals, public safety concerns, and low impact recreation needs.
CMlt3 81:02 Page 2 of 3
ENVIRONMENTAL REVIEW
All work proposed under this contract was recommended in the Arastradero Preserve
Trail Master Plan. The Trail Master Plan, together with findings for a mitigated negative
declaration, were reviewed and adopted by Comacil on May 14, 2001 in accordance .with
California Environmental Quality Act (CEQA) g~aidelines.
ATTACttMENTS
Attachment A:
Attachment B:
PREPARED BY:
Bid Summary
Contract
Superintendent, Open Space & Sciences
DEPARTh/-~NT HEAD:
Director,Department
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CM~:381:02 Page 3 of 3
BID S LvlVEVLA~Y
Proj ect Title: Arastradero Preserve Trail Improvement Proj ect
Bid Opening: July 30, 2002 at 3:00 p.m.
Mr. Dennis Smith .
Northwest Woodland Services, Inc
Boring, Oregon
Mr. Roger Bell
Bellfree Construction, Inc.
Redlands, California
Mr. Ken Baug_lmaan
Yakima Construction, Inc.
Medford, Oregon
Patrick Roe
Roe Construction
Truckee, Cahfomia 96162
Mr. Randy Lee Hodges
RL Hodges Contracting
Shady Cove, Oregon 97539
Clarence McReynolds
CMTB
Wb_ite Bird, Idaho 83554
Yes
Yes
Yes
No
~N~o
$99,075.50
$179,742.00
$!08,413.75
No Bid
No Bid "
No Bid
FORMAL CONTRACT SECTION 500
CONTRACT No. C3141079
Community Services Department
This Contract, number C3141079 dated is entered into by and between the City of Palo Alto a
chartered city and a municipal corporation of the State of California ("City"), and Northwest Woodland Services. Inc.
("Contractor").
For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor
("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract,
and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is
required to be filed, on the date that final payment is made hereunder, subject to the eadier termination of this
Contract.
General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as
follows:
Title of Project:Arastradero Preserve Trail Repair & Construction, IFB No. 141079
Bid:$ 99.075.50
"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 orde[ of precedence.
a.This ContracL
b.Invitation for Bid.
c~Project Specifications.
d.Drawings.
el Cha.nge Orders.
f.Bid.
g.Supplementary Conditions.
h.General Conditions.
1. ¯Standard Drawings and Specifications (!992)."
j.Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
k.Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
Standard Drawings and Specifications (1992).
I.Any other document not expressly mentioned herein which is issued by City or entered into-by the
parties.
Com~)ensation. In consideration of Contractor’s performance of its obligations hereunder, Cit7 shall pay to
Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this C0ntra&t andupon
the receipt of written invoices and all necessary supporting documentation within the time s6t forth in the
Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within
thirty (30) Days of the date of receipt of Contractor’s invoices.
5o 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 andconditions and in amounts as may be required by the
Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal prope~, 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
Contract.
CITY OF PALO ALTO IFB 141079 PAGE 1 OF 7
FORMAL CONTRACT SECTION 500
Indemnification. Contractor agrees to protect, defend, indemni~, 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 Contractors 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 wh!ch 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 ornegligent 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, adsing, in whole or in part, in
connection with or as a result Of ContractoCs 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 IHealth & 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.
Assumotion of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or inju,3, 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 qot 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..... ~ ÷,~ ,=,4 ÷ ....ai,,~ or to ;~<< n the of City to insist upon theany part or provision ot this uomract De ....S,, u .............e ....dght
performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract. _.
No Exoneration Bv lnsoection: The City has th~ dght, but no{ the duty, to inspect Contractor’s Wo#k. The dght
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 salJsfactory
mannerin compliance with the Con.tract requirements.
10.Comuliance 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 publi~ 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 c~bligation to pay compensation to Contractor, and on or before the
Date of Execution, C.ontractor shall furnish to the Project Manager the Bonds as required under the Invitation
For Bid.
12:Reoresentations and Warranties. In the supply of any materials and equipment and the rendering of labor and
CITY OF PALO ALTO IFB 141079 PAGE 2 OF 7
FORMAL CONTRACT SECTION 500
services dudng 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;
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 Projectand 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 ~)btained by
Contractor for and in behalf of City.
Any information submitted by Contractor. prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true
and correct at the time such information is submitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to
the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For Bid;
Con~actor 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 notmade 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 She Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports, re~olutions,
cert~ic~dun~, and o~er 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
13.
Contractor ha~ fully examined and inspected the Prgject site and has full knowledge of the physical
conditions of the Project site. - -
Assinnment. 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 C~ty.
15.Audits bv City. During the term of this Contract and for a period of not less than three (.3) years after the
expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related
and Work-related writings and business records, as such terms are defined in California Evidence Code
CITY OF PALO ALTO IFB 141079 PAGE 3 OF 7
FORMAL CONTRACT SECTION 500
Sections 250 and 127!, 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 F[ (1) personally served, (2) sent by the United States
mai!, 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 !nclude, 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
Community Services Department
250 Hamilton Avenue
Palo Alto, CA 94303
To Contractor:.
Attn: Greg Botts, Project Manager
Northwest Wood,and Services. Inc.
13665 S.E. Le Ann Court
Bodncl. OR 97009
Attn: Dennis Smith
17.
18.
AoDrooriation of City Funds. This Contract is subject to the fiscal provisions of Article 111, 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 followin~ fiscal year, or (ii) at any time within a fiscal year in the event that funds are
on!y 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.
Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractoffs
bailee, and City is, therefore, not responsible for any damage to the personal property of C.ontractor.
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 persori 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 Standard Drawings and
~,om, a~,tare incorporated herein by mfe~,=nSpecifications (1992) of this " ÷- ~~ ......
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.
CITY OF PALO ALTO IFB 141079 PAGE 4 OF 7
FORMAL CONTRACT SECTION 500
f.Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the
construction or interpretation of any part of this Contract.
Incorporation of Documents. All documents constituting the Contract documentsdescribed 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 iuco[porated 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 inthis 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 pa~,. 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 parbqership resolution or
other writing, which authorizes any director, o~cer or other employee or partner.to act for or in behalf
of Contractor or which authorizes Contractor to enter into this Contract.
no
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 ber~efits accorded or accruing to the City Council members, officers or employees of
City, and Contractor expressly waivesany and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to 5he benefit of, and shall apply
to and bind, the successors and assigns of the parties.
Oo
.p.
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. ’~’ - ~lm~ ,, which an act is to be performed falls on a
.~,u,,~y, Su,,u~=x, or any Day observed as a legal holiday by ~y, u~ ume ~or performance shall be
extended to the following Business Day.
Alternative.Dispute Resolution. The parties sh~ll endeavor to resolve any disputes or Claims arising
out of or relating to this Contract by mediation, which, unless the padies agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose,
Califomia. The intent of the parties is that the .mediation.shall proceed in advanc~ of litigation;
however, if any party should commence litigation before the conclusion of med!ation’, 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
Supedor Court Local Rule 1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for the
Northern District of California, as such rules may be amended from time to time. The parties shall
share the cost of the mediation, including the mediator’s fee, equally. Any written agreement reacl~ed
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.
CITY OF PALO ALTO IFB 141079 PAGE 5 OF 7
FORMAL CONTRACT SECTION 500
r.Recovery Costs. Each Party shall bear own costs, including attorney’s fees, through theits
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 matedal 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 thisContract,
Contractor shall indemni~ 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
Paio Alto, County of Santa Clara, State of California on the date first stated above.
ATTEST:
City Clerk
APPROVED AS TO FORM:
CITY OF PALO ALTO
By:.
Mayor
Senior Assistant City Attorney
APPROVED:
CONTRACTOR:
Northwest Woodland Services, Inc.
13665 S.E. Le Ann Court
Boring, QR 97009
Assistant City lVianager
Director of Community Services
By: .......
Name
Title:
Director of Administrative Services
Manager (insurance Review)
By: .
Name:
Title
(Compliance ~,.~th California Corporatons Code 313 is required if the entity.
on whose behalf this contract is signed is a corporation, in the al~rnalJve,
a certified corporate resolution attesting to the signa[oo’ au[horib, of the
individuals signing in their respective capacities is acceptable.)
CITY OF PALO ALTO IFB 141079 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 (Sea!)
CITY OF PALO ALTO IFB 141079 PAGE 7 OF 7