HomeMy WebLinkAbout2002-06-03 City CouncilTO:
FROM:
City of Palo Alto
City Manager’s Report7HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
JUNE 3, 2002 CMR:233:02
APPROVAL OF SECOND AMENDMENT TO THE 1996
MEASURE B PAVEMENT MANAGEMENT PROGRAM
COOPERATIVE AGREEMENT WITH THE SANTA CLARA
VALLEY TRANSPORTATION AUTHORITY; APPROVAL OF A
BUDGET AMENDMENT ORDINANCE TO ACCEPT REVENUE
FROM THE STATE TRAFFIC. CONGESTION RELIEF FUND IN
THE AMOUNT OF .$138,311 AND INCREASE THE CITY’S
ALLOCATION FROM THE 1996 MEASURE B PAVEMENT
MANAGEMENT PROGRAM COOPERATIVE AGREEMENT
WITH THE VTA BY $121,605, AND TO PROVI])E AN
ADDITIONAL APPROPRIATION FOR/CIP PROJECT 9630.
STREET .MAINTENANCE, IN THE AMOUNT OF $259,916; AND
APPROVAL. OF A~ CONTRACT WITH DESILVA GATES
CONSTRUCTION IN THE AMOUNT OF $2,544,081 FOR THE 2002
STREET MAINTENANCE CAPITAL IMPROVEMENT PROGRAM
PROJECT 9630
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the City Manager to execute the attached Second Amendment
to the 1996 Measure B Pavement Management Program (PMP) Cooperative
Agreement with the Santa Clara Valley Transportation Authority (VTA), increasing
the City ofPalo Alto’s allocation by $12!,605.
Approve a Budget Amendment Ordinance (BAO) to accept revenue from the State
Traffic .Congestion Relief Fund in the amount of $138,311, to increase the City’s
allocation from the 1996 Measure B PMP Cooperative Agreement with VTA by
$121,605, and to provide an additional appropriation to the street maintenance Capital
Improvement Program Project number 9630, in the amount of $259,916.
3.Approve and authorize the Mayor to execute the attached contract in the amount of
$2,544,081 with DeSilva Gates Construction for the 2002 Street Maintenance Project.
CMR:233:02 Page 1 of 4
Authorize the City Manager or his designee to negotiate and-execute one or more
change orders to the contract with DeSilva Gates Construction for related, additional
but unforeseen work which may develop during the project, the total value of which
shall not exceed $254,409.
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 project typically encompasses
approximately eight lane miles of asphalt concrete paving and approximately eight lane
miles of slurry sealing. The project budget averages $1.8 million per year.
On November 5, 1996, voters passed Measure A, an advisory measure establishing
transportation funding priorities for Santa Clara County, and Measure B, which imposes a
one-half cent retail and sales tax for a period of nine years to fund certain transportation
improvements. The City of Palo Alto’s annual street maintenance project is eligible for
funding under the County’s Measure B Pavement Management Program. These funds are
designated to expand pavement maintenance projects, thus increasing the .number of
repaired and replaced City streets beyond that of the City’s annual pavement maintenance
project budget.
On June 21, 1999, the City Council approved the Measure B Cooperative Agreement with
the Santa Clara Valley Transportation Authority (CMR 282:99) which allocated
$2,503,686 to the City of Palo Alto in Measure B funding to be expended no later than
July 31., 2004. On May 21, 2001., the City Council approved the First Amendment to the
Measure B Cooperative Agreement (CMR 246:01) to accept an additional $981,312
resulting in total allocation of $3,484,998 from Measure B. funding. Due to additional
funding, the 1999~ 2000, and 2001 street maintenance projects were expanded.
Approximately $2.7 million has been expended to date. .
DISCUSSION
On June 27, 2000, the County Board of Supervisors approved the Second Amendment to
the PMP agreement (Attachment B). This amendment, if approved by the Council,
increases the City’s share by $121,605 resulting in a total allocation for the City of Palo
Alto of $3,606,603 and allowing further expansion of the annual street maintenance
project over the next two years.
staff is requesting approval of a BAO (Attachment A) to increase the City’s allocation
from the 1996.Measure B PMP. Cooperative Agreement with VTA by $121,605, as well
as to receive $138,311 .from the State of California as a result of AB2928, which allocates
$400 million to cities and counties for Transportation Congestion Relief. Approval for
C!VlR:233:02 Page 2 of 4
expenditure of these funds for the 2002 street maintenance project is also part of the
BAO. The AB2928 funds must be expended no later than June 30, 2003.
The project scope of the proposed 2002 street maintenance project in(ludes overlaying
eight lane miles and slurry sealing nine lane miles of city streets. Attachment D provides
a list of streets to be resurfaced. Part of the asphalt overlay and slurry seal work includes
related work such as lane striping and various concrete work such as replacement of curb
.ramps, curb and gutters, and sidewalks. Curb ramps will be installed to comply with the
.guidelines of the Americans with Disabilities Act (ADA).
Additionally, pavement will be replaced and new valley gutters will be installed on
Matadero Avenue from Lagun9 Avenue to Josina Avenue and On Georgia Avenue from
Amarant.a Avenue to end. New storm drainage, street and sidewalk reconstruction will
take place on Emerson Street from E1 Dorado Avenue to Matadero Creek.
Followingthe 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 at the end of June
and be complete in November 2002.
Bid Process
A notice inviting formal bids for the 2002 street maintenance project was issued on
April 4; 2002 and sent to 14 builders’ exchanges and 20 general contractors. The bidding
period was 20 days. Bids were received from six (6) qualified contractors on April 23,
2002, as listed on the attached bid summary (Attachment E). Bids ranged from a high of
$3,212,952 to a low bid of $2,544,081.
Staff has reviewed all bids submitted and recommends that the bid of $2,544,081
submitted by DeSilva Gates Construction be accepted and that DeSilva Gates
Construction be declared the lowest responsible bidder. The bid is 20 percent under the
enginee,r’s estimate of $3,194,144. The change order amount of $254,409, which equals
10 percent 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
The attached BAO requests an additional appropriation of revenues and expenses in the
amount of $259,916 for CIP project #9630 to. expand the 2002 street maintenance
project. This BAO has no impact on the Budget Stabilization Reserve and no future year
General Fund ongoing costs are anticipated.
CMR:233:02 Page 3 of 4
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
This project is exempt from the provisions of the California Environmental Quality Act
and no further environmental review is required.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachrrient D:
Attachment E:
Budget Amendment Ordinance
Second Amendment 1996 Measure B PMP Cooperative Agreement
Contract.
List of Asphalt Overlay and Slurry SeN streets
Bid Summary
PREPARED BY:
¯ WOOJAE KIM..
Project Engineer
DEPARTMENT HEAD: .
.Director of Public Works
CITY MANAGER APPROVAL:
Assistant City. Manager
CMR:233:02 . Page 4 of 4
ATTACHMENT A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2001-02 TO ACCEPT
REVENUE FROM FROM THE STATE. TRAFFIC CONGESTION RELIEF
FUND AND THE VTA, AND TO PROVIDE AN ADDITIONAL
APPROPRIATION TO THE STREET MAINTENANCE CAPITALPROJECT,
NUMBER 9630 IN THE AMOUNT OF $259,916
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on June ii,
2001 did adopt a budget for fiscal year 2001-02; and
WHEREAS, pursuant to AB2928, the State Traffic Congestion
Relief Fund has allocated a $138,311 appropriation to the City; and
WHEREAS, the Santa Clara County Valley Transportation
Authority (VTA) Board has increased the City’s allocation of Measure
B funding for street maintenance by $121,605; and
WHEREAS, the City desires to use. these additional funds to
increase the number of streets to be repaired under the pavement
management program; and
WHEREAS, the additional appropriation of funds is for one-time
expenditures and no future year General Fund ongoing costs are
anticipated; and
WHEREAS, City Council authorization is needed to accept and
expend the additional appropriations for street maintenance;
WHEREAS, City Council authorization is needed to imendthe
2001-02 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION i. Revenue in CIP Project Number 9630 is increasedby
the sum of Two Hundred Fifty Nine Thousand Nine Hundred Sixteen
Dollars. ($259,916) for receipt of funds from the State Traffic
Congestion Relief Fund in the amount of $138,311 and frQm the VTA
in the amount of $121,605.
SECTION 2. The Sum of Two Hundred Fifty Nine Thousand Nine
Hundred Sixteen Dollars ($259,916) is hereby appropriated to Capital
Project 9630.
SECTION 3. The transactions above will have no impact on the
Budget Stabilization Reserve.
SECTION 4.. As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 5. The Council of the City of Palo Alto hereby finds.
that this project is categorically exempt from the provisions of the
California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
SECTION6. As .provided in Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Director of
Services
Administrative
Director of Public Works
ATTACHMENT B
SECOND AMENDMENT
MEASURE B PAVEMENT MANAGEMENT PROGRAM
COOPERATIVE AGREEMENT
This Amendment No. 2 to the Measure B Cooperative Agreement between the
Santa Clara Valley.Transportation Authority and the City of Palo Alto is agreed to
as follows:
Section 1: PMP Funding, is hereby amended to add the following:
The allocation shall be increased by $121,605 to reflect Transportation Eq .uity
Act for the 21~ Century (TEA-21) Revenue Aligned Budget Act (RABA) funding.
exchange amounts approved by.the VTA Board of Directors on December 14,
2000. The revised total Measure B PMP allocation is $3,606,603. "
2.All other terms, covenants and conditions of the agreement remain in full force
and effect.
In Witness Whereof, the parties to the Agreement have executed ~his amendment
as of the latest date shown below.
City of Palo Alto
(City)
Santa Clara Valley Transportation Authority
(VTA)
Dated:Dated:
-City Manager Peter M..Cipolla, General Manager
Approved As To Form:Approved As To Form:
City Attorney Legal Counsel
¯ . ATTACHMENT C
FORMAL CONTRACT (SAMPLE)
CONTRACT No.
Public Works Engineering
SECTION 5O0
This Contract, number x dated x is entered into by and between the City of Palo Alto, a chartered city
and a municipal corporation of the State of California ("City"), and x Contractor,
For and in consideration Of the covenants, terms, and conditions ("the provisions") of this Contract, City and
Contractor ("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this
Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such
notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier
termination of this Contract.
General Scope of Project and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants,
terms and conditions of this Contra~t ~o the satisfaction of City. The Project and Work is generally
described as follows:
Title of Project:2002 Street Maintenance Program Project, Invitation for Bid (IFB) Number 142831
Bid:$
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.
a.This Contract.
b.Invitation For Bid.
c.Project Specifications.
d.Drawings..
e.Change Orders.
f.Bid.
g.Supplementary Conditions.
h.General Conditions.
I.City of Palo Alto Standard Drawings and Specifications (1992).
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 (1999).
I.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 Standard Drawings and Specifications (1999), 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 by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal
property or the personal property of any person performing labor or services or supplying materials or
equipment under the P~oject. 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
CITY OF PALO ALTO IFB 142831
rev. 12100
PAGE1 OF7
FORMAL CONTRACT (SAMPLE)SECTION 500
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 15 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 ail claims, demands, or liens made or filed by reason of any work performed by
Cogtractor 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);
theSafe 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 o~" 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.
i0.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
CITY OF PALO ALTO IFB 142831 PAGE 2 OF 7
rev. t2/00
FORMAL CONTRACT (SAMPLE)SECTION 500
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.
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.
Any informationsubmitted 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 submittedor made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard
to the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For
Bid;
Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon
the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or
Project Manager or any other person who has directly contributed to City’s decision to award the
contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially
affect Contractor’s ability to perform under the Cor~tract;
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. " Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall
CITY OF PALO ALTO IFB 142831 PAGE 3 OF 7
rev. 12100
FORMAL CONTRACT (SAMPLE)
not be assigned by Contractor. Any attempted assignment shall be null and void.
SECTION 500
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 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,
corlsents, 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 Engineering
P.O. Box 10250
Palo Alto, CA 94303
Attn: Elizabeth Ames, Project Manager
To Contractor:
17.
18.
Att n:
Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the
Charter ofthe 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 16 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 Contractor’s
bailee, and City is, therefore, not responsible for any damage to the personal property of
Contractor.
CITY OF PALO ALTO IFB 142831
rev. 12100
PAGE4 OF7
FORMAL CONTRACT (SAMPLE) SECTION 500
b. 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
gra,nt 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
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.
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
o.r 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
b~half 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.
CITY OF PALO ALTO IFB 142831
rev. 12100
PAGE 5 OF 7
FORMAL CONTRACT (SAMPLE)SECTION 5O0
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 med!ation, 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
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, _
AI-IEST:
APPROVED AS TO FORM:
City Clerk
cITY OF PALO ALTO
By:
Its Mayor
Senior Assistant City Attorney
APPROVED:CONTRACTOR:
Assistant City Manager
By:
Name:
CITY OF PALO ALTO IFB 142831
rev. 12/00
PAGE 6 OF 7
FORMAL CONTRACT (SAMPLE)SECTION 500
Director of Utilities
Director of Administrative Services
Contract Manager (Insurance Review)
Title:
By:
Name:
Tile:
(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)
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
S’-FATE OF
COUNTY OF
On , before me,
_, a notary public in and for said Coun!y, 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 IFB 142831
rev. 12100
PAGE 7 OF 7
ATTACHMENT D
2002 STREET MAINTENANCE PROGRAM PROJECT, CIP 9630
LIST OF OVERLAY STREETS
STREE’r NAME
1 Bryant Street
2 Bryant Street
3 Bryant Street
4 Byron Street
5 Charleston Court
6 Churchill Avenue
7 Churchill Avenue
8 Churchill Avenue
9 Churchill Avenue
10 Edgewoo~l Cul-de-Sac#1
11 Edgewood Cul-de-Sac #2
12 Emerson Street
13 Emerson Street
14 Georgia Avenue
15 Harvard Street
16 Harvard Street
17 Hawthorne Avenue
18 Kellogg Avenue
19 Kipling Street
20 Lincoln Avenue
21 Mariposa Avenue
22 Matadero Avenue
23 Melville Avenue
24 Oregon Avenue
25 Page Mill Road
26 Park Boulevard
27 Ramona Street
28 Ramona Street
29 Ramona Street
30 Saint Claire Drive
31 Seale Avenue
32 Seale Avenue
33 Seale Avenue
34 Seale Avenue
35 Stone Lane
FROM
Santa Rita Avenue
Rinconada Avenue
University Avenue
Kellogg Avenue
East Charleston Road
El Camino Real
Madrono Avenue
Castilleja Avenue
Mariposa Avenue
Edgewood Drive
Edgewood Drive
El Carmelo Avenue
El Dorado Avenue
Amaranta Avenue
Stanford Avenue
College Avenue
Byron Street
Emerson Street
El Dorado Avenue
Cowper Street
Miramonte Avenue
Laguna Avenue
Parkinson Avenue
South Court
Mile Marker 2.3
Leland Avenue
Washington Avenue
North California Avenue
Nevada Avenue
Saint Michael Drive
Alma Street
Emerson Street
Bryant Street
Waverley St’reet
Ross Road
TO
Rinconada Avenue
Seale Avenue
Hamilton Avenue
Embarcadero Road
End
Madrono AvenUe
Castilleja Avenue
Mariposa Avenue
Alma Street
End
End
Matadero Creek
Matadero Creek
End
College Avenue
California Avenue
Tasso Street
Bryant Street
End
Webster Street
Park Avenue
Josina Avenue
Guinda Street
Waverley Street
Mile Marker 1.9
Stanford Avenue
North California ,~venue
Nevada Avenue
OregonExpwy
Saint Michael Drive
Emerson Street
Bryant Street
Waverley Streei
Cowper Street ¯
End
Page 1 of I
ATTACHMENT D
2002 STREET MAINTENANCE PROGRAM PROJECT, CIP 9630
LIST OF SLURRY SEAL STREETS
STREET NAME
1 Birch Street
2 Bryant Street
3 Bryant Street
4 Bryant Street
5 Bryant Street
6 Churchill Avenue
7 Driscoll Court
8 East Bayshore Road
9 East Bayshore Road
10 East Mea.dow Drive
11 East Meadow Drive
12 East Meadow Drive
13. East Meadow Drive
14 East.Meadow Drive
15 Emerson Street
16 Ferne Avenue.
17 High Street
i8 High Street
19 High Street
20 High S’~reet
21 Los Palos Avenue
22 Los Palos Avenue
23 Los Palos Avenue
24 Los Palos Avenue
25 Louis Road
26 Louis Road
27 Louis Road
28 Louis Road
29 Louis Road
30 Louis Road
31 Louis Road
32 ShaSta Drive
FROM
Stanford Avenue
El Dorado Avenue
Embarcadero Road
Kingsley Avenue
Lincoln Avenue
Alma Street
Maybell Avenue
2666 E. Bayshore Road
Matadero Creek
Middlefield Road
Grove Avenue
Ross Road
Arbutus Drive
Ortega Court
Colorado Avenue
Mackay Drive
Oregon Expressway
Nevada Avenue
North California Avenue
Washington Avenue
Arastradero Road
Fairmede Avenue
Los Palos Place
Los Palos Circle
TO
Oxford Avenue
Matadero Creek
Kingsley Avenue
Lincoln Avenue
Addison Avenue
Bryant Street
End .
Matadero Creek
Adobe Creek
Grove Avenue
Ross Road
Arbutus Drive
Ortega Court
Louis Road
End
Dake Avenue
Nevada Avenue
North California Avenue
Washington Avenue
Santa Rita Avenue
Fairmede Avenue
Los Palos Place
Los Palos Circle
Glenbrook Drive
Gailen Avenue
Ross Road
Corina Way
East Meadow Drive
Aspen Way
~Greer Road
:Ames Avenue
Mackay Drive
Ross Road
Corina Way
East Meadow Drive
Aspen Way
Greer Road
Ames Avenue
Loma Verde Avenue
Nelson Drive
Page 1 of 1
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