HomeMy WebLinkAbout2001-09-24 City CouncilTO:
FROM:
City of Palo Alto
City Manager’s Report
CITY MANAGER DEPARTMENT: UTILITIES
DATE:SEPTEMBER 24, 2001 CMR:318:01
SUBJECT:APPROVAL OF CONTRACT IN THE AMOUNT OF $212,160 TO
MIDWEST INDUSTRIAL SUPPLY, INCORPORATED FOR THE
ARASTRADERO UTILITY ALL WEATHER ACCESS ROAD
CAPITAL IMPROVEMENT PROGRAM PROJECT 0118 AND
ADOPTION OF PARK IMPROVEMENT ORDINANCES IN
ARASTRADERO PRESERVE AND FOOTHILLS PARK
RECOMMENDATION
Staff recommends that Council:
1.Approves and award a sole source contract in the amount of $212,150 to Midwest Industrial
Supply, Inc. for the Arastradero Utility All Weather Access Road Improvement Project,
Capital Improvement Program Project 0118.
2.Authorize the City Manager or his designee toexecute one or more change orders to the
contract for additional related but unforeseen work. The value of these change orders shall
not exceed $25,459 (12% of contract).
3. Staff recommends that Council approve and adopt the attached Park Improvement
Ordinances authorizing the improvement of the Arastradero Utility All Weather Access
Road across the Arastradero Preserve to Gate D in Foothills Park.
BACKGROUND
The Arastradero Utilities Access Road was constructed in the early 1960s to provide access
during the installation of utilities lines, reservoirs and pump stations that were initially installed
to serve Foothills Park and residential customers on Alexis Drive and upper Page Mill Road.
The construction access was improved with stabilization fabric and compacted 6" aggregate
class II base rock in 1993. During the last E1Nino storm season, many sections of the road were
eroded. This erosion has created drainage problems and road base instability. Emergency
utilities access road repairs were performed in 1998. Despite the recent emergency repairs,
CMR: 318:01 Page 1 of 3
portions of the road still need repair and utility maintenance continues to be difficult from the
existing access road during wet weather conditions.
DISCUSSION
Project Description
Construction access for the proposed access road improvements will be from Gate B of the
Arastradero Preserve off Arastradero Road to Gate D from Foothills Park. Staff recommends
that Soil-Sement, a product supplied by Midwest Industrial Supply, Inc., be used as the
stabilizing agent for the road base. This product provides superior bonding, cohesion, versatility,
and cost-effectiveness, when compared to other type, of similar surface applications. Soil-
Sement is environmentally safe, consisting of a polymer emulsion that produces highly effective
control of dust and surface erosion. State and Federal regulatory agencies have tested this
product and approved its use for projects similar to the proposed access road improvements. The
Soil-Sement treated road will help improve the original construction access to an all weather
surface along the alignment of the existing utilities. This improvement will enable Operations
staffto maintain these facilities year round during wet weather. A twelve percent contingency
is requested to cover anticipated additional costs associated with the steep grade of portions of
the road and possible unstable soil conditions adjacent to Sobey Pond.
Selection Process
Sole Source Contract - Due to the environmental sensitivity of this project, staff conducted
extensive research to find a method that would provide an esthetical acceptable and
environmental friendly solution that satisfies the Utilities operational requirements. Asphalt
surfacing, Road Oyl®, and Soil-Sement® were the types of surface applications considered.
Although asphalt is the most readily available solution, it was not an acceptable option due to
the surrounding undeveloped/wilderness nature of the Arastradero Preserve. Staff next
considered Road Oyl at the request of Open Space and Sciences Department staff. This product
has been utilized in several local National Parks. The road grades, changes in elevation,
encountered on the road caused the representatives of SSPCo (Road Oyl) to raise concerns
about the ability of their product to perform under these conditions. The maximum grade they
recommended for their product is 12%. Grades on the access road are up to 18%. Due to the
physical limitations of the Road Oyl product, staff focused investigation on Soil Sement. Soil-
Sement is environmentally safe polymer emulsion that produces highly effective control of dust
and surface erosion. Soil Sement is a patented product that is only represented by one contractor
in California.
RESOURCE IMPACT
Funds for this project are available in the fiscal year 2000/01 Capital Improvement Program
Budgets of the Water, Gas, Wastewater and Electric Utilities.
CMR: 318:01 Page 2 of 3
TIMELINE
The contract for the improvement of the road is scheduled to go to Council for approval on
September 24, 2001. Construction is expected to begin in mid-August 2001 and will last
approximately sixty, calendar days. A summer construction schedule will take advantage of the
dry weather season to complete the proposed improvements.
POLICY IMPLICATIONS
This recommendation is consistent with the Council approved Utilities Strategic Plan to deliver
products and services for competitive markets.
ENVIRONMENTAL REVIEW
Required environmental reviews for use of the Soil-Sement product were included in the
Arastradero Trail Master Plan approved by Council on May 14, 2001, CMR 231:01.
ATTACHMENTS
A: Foothills Park Improvement Ordinance
B: Arastradero Park Improvement Ordinance
C: Exhibit A - Project Location Map
D: Sole Source Request and Authorization
E: Contract
PREPARED BY:Roger Cwiak, Engineering Manager, W-G-W
Greg Scoby, Senior Engineering, W-G-W
John Nguy, Engineer, W-G-W
DEPARTMENT HEAD:
¯ of Utilities
CITY MANAGER APPROVAL:
Assistant City Manager
CMR: 347:99 Page 3 of 2
FROM CITY ATTORNEY
7
September 5, 2001
THE HONORABLE CITY COUNCIL
Palo Alto, California
RE :ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR IMPROVEMENTS TO
FOOTHILLS PARK
Dear Members of the Council:
Capital Improvement Program Project 0118, "All Weather
Arastradero Road Paving" provides for repair of the Arastradero
Utilities Access road. Despite what the name suggests, a smal!
portion of the access road to be repaired (approximately i/I0th
of a mile) falls within Foothills Park.
On August 6, 2001, an ordinance approving the Plan for
Improvements to the Arastradero Preserve allowing repair of the
Arastradero Utilities Access Road was presented to Council.
Nothing was presented to the Council as to Foothills Park.
Therefore, we request that the Council approve repair
of that portion of the Arastradero Utilities Access Road that
lies within .Foothills Park and adopt the map attached to the
ordinance as part of the official plan for the construction of
improvements at Foothills Park.
Res
~PC:sdl
Attachment
CALONNE
Ci~,y Attorney
010905 sdl 0052822
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR IMPROVEMENTS TO
FOOTHILLS PARK
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION I. Findings and Declarations.
finds and declares as follows:
The City Council
(a) Article VIII of the Charter of the City of Palo Alto
and Section 22.08.005 of the Palo Alto Municipal.Code require that,
before any substantial building, construction, reconstruction or
development is commenced or approved, upon or with respect to any
land held by the City for park purposes, the Council shall first
cause tobe prepared and by ordinance approve and adopt a plan
therefor.
(b) The City Council did by Ordinance No. 2252 adopted
September 13, 1965, plate Foothills Park on the list of lands used
or intended to be used for Park Purposes¯
(c) The Palo Alto Utilities Department is.required to
maintain an access road ["Arastradero Utilities Access Road"]
through both Foothills Park and Arastradero .Preserve for the
purposes of constructing and maintaining utilities lines,
reservoirs and pump stations.
(d) The Arastradero Utilities Access Road eroded during
the 1998 E1 Nino stormseason, creating drainage problems and road
base instability and despite emergency road repairs, portions of
the road within the Arastradero Preserve and Foothills Park still
need repair: -.
(e) The Council approved the Arastradero Preserve Trai!
Master Plan ("Plan") on May 14, 2001 which incorporated the Capital
Improvement Program Project 0118, ~AII Weather Arastradero Road
Paving’ for repair to portions of the Arastradero Utilities Access
Road that lie within the Arastradero Preserve and Foothills Park.
Environmental reviews of "Soil Sement" were included in the Plan
and considered for the stabilization of the Arastradero Utilities
Access Road trail tread.(road surface).
(f) The Palo Alto Utilities Department has determined that
~Soil Sement" should be used as the stabilizing road base, an
environmentally safe polymer emuision that produces highly~
effective-control of dust and surface erosion.
010905 sd10052812 1
(g) The site and design review of the Arstradero Plan has
been conducted and~the Plan has been recommended for approval by
the City boards and commissions having jurisdiction over such
matters, because it conforms to the provisions of Chapter 18.82 of
the Palo Alto Municipal Code and the Palo Alto Comprehensive Plan.
-(h) The Council desires to approve .repair of that
portion of the Arastradero Utilities Access Road that lies within
Foothills Park, which i,s approximately i/I0 of a mile in length, as
more specifically described on the map attached hereto as Exhibit
"n".
SECTION 2. The City Council hereby approves repair of the
Arastradero Utilities Access Road that lies within Foothills Park
and hereby adopts the Map attached hereto as Exhibit "A" as part of
the officia! plan for the construction of improvements at Foothills
Park.
SECTION 3. The City Council hereby finds that this project
will have no significant adverse effect on the environment.
SECTION 4. This ordinance shall become effective upon the
commencement of the thirty-first day after the day of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor
City Manager
Director of Planning and
Community Environment
Director of Public Works
010905 sd10052812 2
!
/
I./’
Exhibit A
.Unincorporated
Santa. Clara
County Land
!
FROM CITY ATTORNEY
THE HONORABLE CITY COUNCIL
Palo Alto, California
August 2, 2001
4
RE :Follow-up On Arastradero
Improvement Ordinance:
Preserve Park
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING PALO ALTO MUNICIPAL CODE SECTION
22.08.330 TO FORMALLY RENAME THE DEDICATED
PARKLAND CALLED THE "A’RASTRA PROPERTY"AS THE
~ARASTRADERO PRESERVE"
ORDINANCE OF THE cOUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR IMPROVEMENTS TO
THE ARASTRADERO PRESERVE
Dear Members of the Council:
The two ordinances attached to this report are
follow-ups to theconcerns I expressed on June 25, 2001, when
Council introduced for first reading nAn Ordinance of the
Counci! of the City of Palo Alto Approving and Adopting a Plan
forImprovements to the Arastradero Preserve" [0071882]. At the
time Council took action, I indicated that I had some concerns
with the form of the ordinance that I would address before
second reading. As it turns out, both my original concerns and
new matters actually cal! for the counci! to reintroduce this
matter for first reading, following introduction and first
reading of a new proposed ordinance formally renaming the
~Arastra Propert!’ as the ~Arastradero Preserve."
Attached please find a July 18, 2001 memorandum from
the City Clerk’s office. This was prepared at my request to
help sort out the situation. As it turns out, the so-called,
"Arastra Property," which was acquired by the~ City following
inverse condemnation litigation in the early 1970’s, was never
formally renamed as the Arastradero Preserve. As nearly-as I
010801 sm 0052789
THE HONORABLE~ CITY-COUNCIL
August 2, 2001
Page 2
RE :Follow-up On Arastradero
Improvement Ordinance:
Preserve Park
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING PALO ALTO MUNICIPAL CODE SECTION
22.08.330 TO FORMALLY RENAME THE DEDICATED
PARKLAND CALLED THE ~ARASTRA PROPERTY’AS THE
~ARASTRADERO PRESERVE"
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR IMPROVEMENTS TO
THE ARASTRADERO PRESERVE
can tell, in the mid-eighties the City Council debated between
naming the.property as the ~Arastradero Preserve" or in memorial
to Dr. Lee. While we have found an August 12, 1985 Council
¯ action naming the park the Arastradero Preserve, the existing
Municipal Code and Ordinance references all refer to the Arastra
Property. Hence my consternation with an ordinance for
improvements to the ~Arastra Preserve" an inadvertent
amalgamation of the park’s-actual name and the name the Council
thought it gave it. Accordingly, we recommend that Council
introduce for first reading.the attached ordinance renaming the
Arastra Property as the Arastradero Preserve.
With respect to the~park improvement issue. I have,
of late, become very concerned about our inability to readily
access park improvement plans. I am working on administrative
solutions with the affected departments. In the meantime, I
have revised the form of park improvement ordinance for the
Arastradero Preserve to be somewhat more self-explanatory. In
addition, at the request of the Utilities Depirtment, we are
specifically calling out the previously approved all weather
Arastradero Road paving set forth as Capital Improvement Program
Project 0118.
Respectfully submitted,
s!
ARIEL PIERRE CALONNE
City Attorney
APC:sm
Attachments
010802 sm 0052789
To:
From:
Date:
Subject:
¯ Office of the City Clerk.
MEMORANDUM ~
A~iel Calonne, .City Attorney ./f,i~ ~
Jacqueline Kowtko, Assistant City Clerk
July 18, 2001
Council Minutes on Arastra Park Renaming and Improvement
November 5, 1984, Council voted to improve the Arastra pr0pe~ty (put in
aparking lot, etc.). Referred to staff and the Historic Resources Board
the job of renaming, the park.
January 14, 1985, Council voted to create a CiP for the par.k work.
March 4, 1985, Council referred naming of the park to the Finance and
Public Works Committee.as they disagreed on Arastradero Preserve vs.
Dr. Lee.
July 8, 1985, lease on Arastra Youth Hostel.
August 5, 1985, site and design approval .on the parking lot
improvements, .signage and trail in Arastra parklands.
August 12, 1985, Council followed the Finance and Public Works
Committee’s recommendation and named the park "Arastradero
Preserve." This was not an Ordinance. Vote was 6-2, Klein, Levy "no."
(See Minutes excerpt attached.) ¯
ITEM #2~ PUBLIC HEARING: WEED ABATEMENT CHARGES (PWK 5-2)
-(CMR:459:5)
Mayor Levy sa~d it was the time and plbce set for a public hearing
on .the resolution for the charges levied for Weed abatement on
private propelrty under the agreement with Santa Clara County. He
asked the redord to reflect t.hat notice of the hearing was given
in the time’, .manner and form provided in Chapter-8.08 of the Palo
Alto MuniCipa~ C.ode. No writtenobjections werb received.
He declared ~he. public hearing open. Receiving no requests from
the public tO speak, he declared the public heahing closed. He
asked t-he record to reflect ~hat no one appeared or filed written
objections against the "charges for weed abatement pe’rformed in
accordance w~th the Municipal Code. and under the agreement for
administration of weed abatement entered into between the City of
Palo Alto and Santa Clara County.. Any resolution pas.sed by the
Council on the matter would reflect that finding.
MOTION: Co~hcilmember Klein moved, seconded by Cobb, approval
of the ~esolu~ion.
RESOLUTIgN 6420 entitled "RESOLUTION OF THE COUNCIL OF
THE CITY OF PALO ALTO CONFIRMING WEED ABATEMENT REPORT.
AND ORDERING COST OF ABATEMENT TO BE A SPECIAL ASSESS-
RENT OF iNE RESPECTIVE.PROPERTIES ~EREIN DESCRIBED." .-
MOTION PASSED! unanimousl?, WitherspoGn absent.
iTEM #~ FINANCE’AND PUBLIC WORKS (F&PW) COMMITTEE RECOMMENDATION
RE NAM &G OF iARAS’TRA PARK PROPERT.Y.(PLA 9) (CMR:449:5)
Councilmembe~ Bechtel, -Ch~ir of the F&PW Comittee, said the
Committee fel;t strongly-that in order not to confuse the publ.ic,
it should.st~ck with a name that was close to the area .and was
reco.gnizable.~. Everyohe called the property the "Arastra property"
and by naming: it the "Arastradero PFeserve" the Committee believed
it would bel the least confused. . The .Historical Association
deleted the.name Russell Lee from the list of. recommended names
for the park because they felt he had no .connection with the par-
ticular property. The F&PW Committee.concurred.with that recom-
mendation believing, that either Foothills Park or some medical
associated property would be more appropriate .to be namedafter
.RUssell Lee.
MOTION: ouncilmember Bechtel .fo~ the Finance and Public Works
Committee moved that "Arastradero-Preserve" be the name ef the
Arastra Park property; that Council leave naming of the incidental
parts of the park to appropriate departments ~nd personnel and
that they be encouraged to select Names from thellst Included in
the staff report (CMR:427:5)¯excl~dingthe name of Mr. Russell. V,
A. Lee, Further, that¯ staff give. serious consideration to in-
cluding "Arastradero Preserve~ as .part.of the final name Of the
stables and hostel,
Councilmember Klein said the statement was made that the Histori-
cal Association recommended deletion o~ Dr. Lee’s name.. He di~
not find that in the letter of.June 16.
Zoning Administrator Bob Brown said the suggestion wa~ m~de by
Ruth Wilson, Chairman of the Street Naming Committee, to him’in
person. It .was not included in the letter. It was appa.rently an
afterthought of the HistoricalAssociation Committee.
C~uncilmember Klein was troubled by the standards. He did n.ot see
why theywere limited in naming places to people who had an~ asso-
ciation with the property, e~pecia.lly in that case where Dr. Lee
was associated with an adjacentpiece of property. Further, he
was not persuadedthe public was so used to the names. Hisl read-
ing showedthe word "Aras~ra" came into the Palo Alto .pollitical
lexicon about 15 years ago. He would-not support the name because
-it was .uni.maginati~e and the Cit.y already had’an Arast.radero’Road.
He believed such opportunities as those should be used to honor
people who made a significant contribution to. the community. He
was not happy with the.procedure being followed. "Arastradero
Preserve" was a bland, not very good "vanilla" name.
Peter Taskovic.h, 751 Gailen Aven~e, agreed with Councilmember
Klein. He ~ould live with the name "Ara’stradero Preserve," butbelieved Coudcil could’come up witha better qne.
Councilmembe~ .Renzel was a. member of the P&P Committee and joined
with ~the F&PW Committee selection of the "Arastradero P.reserve."They sometimes forgGt the difficulties th~ public in g~neral had
dealing with esoteric decisions the Council made with lots of
background information. Having a preser-ve named after both a
landmark and a road Which was its primary access was-a reasonable
thing to do in order to make it as simple as possible for the pub-
lic to id.en.tify and use the property. She believed the Committee
made.a wise decision. With respect to Dr. Lee, while he certainly
made some sizable contributions to the social faGric of. the ’com-munity as well as sel.ling Foothills Park to the City~ they needed
to remembe.r he- sdld the property, he did not give it to the City.
It was a wonderful benefit, but it had nothing to do with the par-
ticular~ parcel of land. It wa~ far better to have a name which
related to the land and the locati.on.
Councilmember Woolley joined the F~PW .Committee members in ap-
proving the name. S-he was with Councilmember Klein in asking that
the name be referred for a second time because she also ~believed .
they should utilize the opportuni-ty to honor another citizen or
come up with another name with historical significance. She was
interested in considering the"name "Rancho Corte Madera Preserve,"
but believed staff indicated it could present some potential con-
fusion wi.th the City in Marin County,. She. agreed with Council-
member Renzel in terms of her .opinion on using the name of Dr.-
Lee, ’She supported the motion’.
Mayor Levy would not support the motion.. -He believed there were
many people in-Palo Alto, Dr. Lee being one, who made substlantial .
contributions to the City. The fact that. he did not own the land
or live on the land specif.ically did not mean he should not .be
recognized in some way, and there were many other people in Paid
Alto who .should be recognized in one way or another. It wo.uld be
too l-imiting if Council. was only to recognize tho.se people who had
some specific relationship to an area of land. The community was
enriched by preserving the names. For example, he thought of
Harr.iet Mundy as one who. had a landmark named after her.
"Arastradero Preserve" was a bland name~ and while it located the
preserve, Arastradero was -a long and circ.uitous streeli, but
nothing was gained by simply naming the park after the ~treets
they happened to be located near.
MOTI.OI~ PASSED by a vote of 6-2-, Klein, Levy voting ’-’no,"
Witherspoon absent.
ITEM #4~ PLANNING COMMISSION RECOMMENDATION RE LAFCO ~PH.’RE OF
INFLU"~NCE BOUNDARY’ AND AGREEMENTS WITH STANFORD UNIVERSITY AND"
C’OUNTY OF "SANTA CLARA RE DEVELOPMENT OF STANFORD UNIVERSIT~ LANDS
(PLA lO-L)
Planning Commissioner Mark Chandler said the Commission concluded
that, while’one of the central issues in the agreements was the
la.ck of inclusio’n of areas west. of Junipero Serra .withi~ Palo
Alto’s new.Sphere of Influence, the technical conn.otation was that
annexation was not. intended in those areas. The Commission
believed the set of agreements and the protocol before the ~ouncil
would .provide the policy protection the City needed. They were
particularl-y concerned about whether homeowners in the
should be entitl@d to. notice of all proceedings under
campus
he use
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE~CITY OF PALO ALTO
AMENDING PALO- ALTO MUNICIPAL CODE SECTION
22.08.330 TO FORMALLY RENAME THE DEDICATED
PARKLAND CALLED THE "ARASTRA PROPERTY" AS THE
"AKASTRADERO PRESERVE"
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION i. Findings and Declarations.
finds and declares as follows:
The City Council
(a) In-1976, the City of Palo Alto acquired the property
known as the Arastra Land;
(b) On October 5, 1981, by Ordinance No. 3305, the
Council dedicated approximately 431 acres of the Arastra Land and
approximately 1.7 acres ofother adjacent City property for park,
recreation and/or conservation purposes, known thereafter as the
Arastra Property;
(c) The City of Palo Alto retained approximately 77
acres of the Arastra Land for possible future development,
transferrihg the density or development capacity of the entire
Arastra Land to the approximately 77 acre parcel;
(d)- On August 12, 1985, the Council voted to rename the
Arastra Property as the Arastradero Preserve. The Council never
took any action to formalize the name;
(e) On September 8, 1992, by Ordinance No. 4104, the
City Council expanded the Arastradero Preserve by dedicating
approximately 77 acres of land adjacent to the Arastra Property.
(f) The City Council. now desires to complete the
expansion and renaming by formally renaming both parcels of
parkland.
SECTION 2. Palo Alto Municipal Code section 22.08.330.is
hereby amended to read as follows:
22.08.330 Ara=tra Prop~rtl" Arastradero Preserve
The~ose certain parcels of-land known as the Arastradero
Preserve ~~- ~ .....~’"........... ~j as delineated and described in Exhibit A-
21.9 attached hereto are reserved for park, playground, recreation
and/or conservation purposes.
010801 sm 0052788
SECTION 3. The City Council hereby finds that it can be
seen with certainty that there is no potential for this action to
have a significant adverse effect on the environment.
SECTION 4. This ordinance shall become effective upon the
commencement of the thirtY-first day after the day of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:~
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor
City Manager
Director of Public Works
Director of Planning and
Community Environment
010801 sm 0052788
~,,XHIBIT A 21.9
PARCEL 1
~ASTRA PROPERTY DEDICATED FOR PARK PURPOSES
A portion of that certain real property shown on tha~ certain
Record of Survey, recorded in Book 262 of Maps at pages 2, 3, 4,
and 5, Santa Clara County Records, lying within the City of Palo
Alto, County of Santa Clara, State of California, and being more
particularly described as follows:
Beginning at afound 8" x 8" granite monument F-52 located on the
City Limits Line of Said City of Palo Alto, at the most northerly
corner of Sheet 2 of said Record of Survey; thence along the common
line of said Record of Survey and said City Limits Line S 12"05’22"
W, 1668.31 feet to a found 3" x 4" post as shown on said Record of
Survey; thence leaving said common line along said City Limits
Line, S 11"59’52" W, 51.89 feet to a point on the southerly line of
Arastradero Road (50 feet wide) said point being the true point of
beginning; thence continuing s ii’59’52" w along saidCity Limits
Line 2188.35 feet to a general southerly line of said Record of
Survey; thence leaving said City Lim±ts Line along said southerly
line, N 71"41’29" W, 148.43 feet;~ thence continuing along the
boundary line of said Record Df Survey, N 28°58’17’’ W, 649.04 feet;
thence N 67"22’14" W, 318.96 feet; thence S 49"27’16" W, 382.41
feet; thence S 27"41’10" W, 653.36 feet; thence S 38"48’58" W,
1486.60 feet; thence N 53"44’34" W, 128.38feet; thence S 34"28’08"
W, 99.25 feet; thence S 21"10’22" W, 199.71 feet; thence S
38"11’17" W, 315.03 feet; thence S 8"45’56" E, 62.04 feet; thence
S 52"14’04" W, 94.38 feet; thence S 51"14’04" W, 31.68 feet; thence
S 43"44’04" W, 64.68 feet; thence S 55"44’04" W, 158.40 feet;
thence S 58"44’04" W, 100.32 feet; thence S 28"44’04" W, 64.02
feet; thence S 52’14’04" W~ 58.08 feet; thence S 60"44’04" W, 91.08
feet; thence S 51"59’04" W, -92.40 feet; thence S 83"14’04" W,
114.84 feet; thence S 54"14’04" W, 93.72 feet;~thence S 41"14’04"
W, 121.44 feet; thence S 55"44’04" W, 50.82 feet; thence S
24"14’04" W, 43.56 feet; ~thence S 25"15’56" E, 62.70 feet; thence
S 12"44’04" W, 145.20 feet; thenc@ S 39°14,04’’ W, 76.60 feet;
thence S 39’43’27" W, 62.88 feet; thence S 40"44’11" W, 44.92 feet;
thence S 39"54’09" W, 21.93 feet; thence S 67"28’20" W, 254.56
feet; thence S 72’23’48" W, 438.62 feet; thence 3 87°32’46,, W,
190.74 feet; thence N 84"11’05" W, 183.00 feet; thence N 78"10’07"
W, 194.51 feet~ thence N 75’37’13" W, 363.80 feet; thence N
87"19 ’39" W, i02.83 feet.to point "A" (for later reference); thence
N 88"06’14" W, 272.34 feet; thence N 84"05’50" W, 80.63 feet;
thence N 67"27’23" W, 1148.53 feet; thence N 65"35’53" W, 192.01
feet; thence N 24"30’30" E, 712.14 feet; thence N 15"45’35" E,
791.64 feet; thence N 16"00’48" E, 919.19 feet; thence N 34"31’38"
E, 245.85 feet; thence S 80"07’54" E, 439.53 feet; thence leaving
said boundary line of said Record ofSurvey S 88"36’35" E, 20.28
¯ o beihg the southwest ~ ~rner of the lands desc ;bed in the deed =o
oE.C. Arbuckle,.et ux., said deed being recorded in Book 5884, page
479, Official Records of said county’; thence continuing along the
boundary line of said Record of Survey South. 65"27’14" East, 373.49
feet; thencu along the arc .of a tangent curve to the right.having
a radius of 285.00 feet, through a central angle of 8"41’30", a
lenqth of 43.23 feet;thence S 56"45’44" E, 117.14 feet; th~ence
along the arc of a tangent curve to the right having a radius of
435 00 feet, through a central angle of 5"25’00" a length of 41 12
feet; thence S 51"20’44" E, 43.39 feet; thence along the arc of a
tangent curve to the left having a radius of 490.00 feet, through
a central angle-of 4"24’30", a length of 37.70 feet; thence S
55"45’14" E, 144.-31 feet; thence along the arc of a tangent curve
to the left having a radius of 215.00 feet, through a central angle
of 15"22’30", ¯a length of 57.69 feet; thence S 71"07’44" E, 54.96
feet; thence along the arc of a tangent curve to the right having
a radius of 145.00 feet, through a central angle of 6"31’00" a
length of 16.49 feet; thence S 64"36’45" E, 9.85 feet; thence N
52"42’33" E, 342.61 feet; thence N 52"51’16" E, 232.84 feet; thence
N 51"39’34" E, 236.49 feet; thence N 57"43’40" W, ~4~81 feet; thence
N 52"23’17" W, 459.60 feet; thence N 32"25’19" E, 392.17 feet;
thence N 32"25’06" E, 582.13 feet to the general southerly line of
Arastradero Road as shown on said Record of Survey; thence along
said southerly line in a southeasterly and northeasterly direction
along the arc of a nontangent curve to the left having a radius of
1025.00 feet, from which the radius~ point bears N 53"18’50" E,
through a central angle-of 3"47’40", a length of 67.88 feet; thenc~
S 40"28’50" E, 111.35 feet; thence along the arc of a tangent Curve
to the left having a radius of 525-.00 feet, through a central angle
of 18"27’00", a length of 169.06 feet; thence S 58"55’50" E, 17.16
feet; thence along the arc of a tangent curve to the right having
a radius of 165.00 feet, through a central angle of 57"01’25" a
length of 164.22 feet; ~hence S 1°54’25’’ E, 85.37 feet; thence
along the arc of a tangent curve tothe left having a radius of
265.00 feet, through a central angle of 70"35’00", a length of
326.46 ~feet; thence along the arc.of a tangent curve to the left
having a radius of 440.00 feet~ through a central~ angle of
16"34’30", a length of 127.22 feet; thence S 89"03’55" E, 245.18
feet; thence along the arc of a tangent curve to the left having a
radius of 300.00 feet, through a central angle of 79"46’30" a
length of 417.70 feet; thence N 11"09’35" E, 286.25 feet; thence
¯ along the arc of a tangent curve to the righthaving a radius of
87.~.00 feet thorough a central angle of 10"42’30"~ a length of163.53 feet; thence N 21"52’05" E, 138.57. feet; thence along the
arc of a tangent curve to the left having a radius of 775.00 feet,
through a central angle of 15"13’35", a length of 205.96 feet;
thence N 6"38’30" E, 140.96 feet; thence along the arc of a ~angent
curve to the right having a radius of 575.00 feet, through a
central angle of 24"19’58", a length of 244.20 feet; thence N
30"58’28" E, 107.17. feet~ thence along the arc of a tangent curve
to the right having a radius of 675.00 feet, through a central
2
¯.~x~g±e oa z~~’zD"~ a ±eng~n o~ 291.27 ~ee~ ’ ~ence ~ DD~I’D3’’ E,
9.20 feet (9.06 f it, Record of Survey Map~ ; thence along the arc
~of a tangent curve to the left having a radi:~s of 425.00 feet,
through a central.angle of 13"32’50", a length of 100.49 feet;
thence N 42"09’03" E, 335.84 feet; thence along the arc of a
tangent curve to the right having a radius of 300.00 feet, through
a central angle of 18"12’50", a length of 95.36 feet; thence along
a tangent curve to the right having a radius of 200.00 feet,"
through a central angle of 18"23’40", a length of 64.21 feet;
thence N 78"44’34, E, 82.53 feet to a point on the westerly.line of
the lands of Bressler; thence along a non-tangent curve to the left
having a radius of 550.00 feet, through a central angle of
9"11’20", a length of 88.20 feet; thence S 57"16’53"¯E, 198.00
feet; thence S 76"13~’35"E, 395.00 feet; thence S 49"17’51" E,
146.0.4 feet; thence S 87"36’45" E, 554.84 feet; thence N 66"43’42"
E, 165.00 feet; thence S 6.8 "32’00" E, 241.00 feet; thenc~ N
23"44’16" E, 239.96 feet to a point on the southerly line of
Arastradero Road; thence S 68"39’48" E, 363.79 feet; thence along
a curve to the .right having a radius of 975.00 feet, through a
central angle of~ 6"09.’54", a length of I04.91 feet; thence S
62 29’54" E, 185.06 feet to the true point of beginning, containing
4:2.791 acres more or less.
~ARC;.L 2
BEGINNING at said found 8" x 8" grani"_e monument F-52 described.in
P2d~CEL I; thence along the common line of said Record of Survey and
said city limit line, S 12"05’22" W, 1668.31 feet to a found 3" x
4" post as shown on said Record of Survey, said point ~eing a point
on the northerly line of Arastradero Road; t~nce leaving said
common line N 62"29’54" W,~ along said northerl~y line 171.19 feet;
thence continuing along said northerly line and along the arc of a
tangent curve to the left having a radius of 1025.00 feet, throug~
a central angle of-6"09’54", a length of 110.29 feet; thence N
68"39’48" W, 751.69 feet; thence along the arc Of a tangent curve
¯ to the left having a radius of 525.00 feet, through a central angle
of 12"49’05", a length of 117.45 feet; thence N 81"28’53" W, along
said northerly line 587.45 feet; thence along the arc of a tangent
curve to the left having a radius of 525 . 00 ~ feet, through a central
angle of 17"42’17", a length of 162.23 feet; thence S 80"48’50" W,
along said northerly line of Arastradero Road 71.70 feet; thence
along the arc of a tangent curve to the left having a radius of
4025.00 feet, through a central angle of 02,04’16", a length of
145.50 feet; thence S 78 44’ 34" W, 303.45 feet; thence along the
arc of a tangent curve.to the left having a radius of 250.00 feet,
through a central angle of 18"23 ’40", a length of 80.26 feet;
thence ~leaving said northerly line of Arastradero Road N 34"15’32"
W, 981.51 feet; thence N 77"55’13" E, 2495.07 ~eet; thence S
70"42’45" E, 434.11 feet; thence N 83"27’13" E, 449.97 feet to the
POINT OF BEGIN~’~NG.
CONTAINING 77.219 ACRES MORE OR LESS.
3
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AND ADOPTING A PLAN FOR IMPROVEMENTS TO
THE ARASTRADERO PRESERVE
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION i. Findings and Declarations.
finds and declares as follows:
The City Council
(a) Article VIII of the Charter of the City o5 Palo Alto
and Section 22.08.005 of the Palo Alto Municipal Code require that,
before any substantial building, construction, reconstruction or
development is commenced or approved, upon or with respect to any
land held by the City fo~ park purposes, the Council shall first
cause to be prepared and by ordinance approve and adopt a plan
therefore;
(b) The City intends to construct certain capital
improvements at the Arastradero Preserve, including, without
limitation, the development of a visitor information center that
will incorporate office and meeting room space, storage areas,
public restrooms, bicycle lockers, and associated site improvements
("Plan");
(c) The Palo Alto Utilities Department is required to
maintain an access road ["Arastradero Utilities Access Road"]
through both Foothills Park and Arastradero Preserve in the early
1960’s for the purposes of constructing and maintaining utilities
lines, reservoirs and pump stations;
(d) The Arastradero Utilities Access Road eroded during
the 1998 E! Nino storm season, creating drainage problems and road
base instability and despite emergency road repairs, portions of
the road stil! need repair;
(e) The Palo Alto Utilities Department has determined that
"Soil Cement" should be used as the stabilizing road base, an
environmentally safe polymer emulsion that produces highly
effective control of dust and surface erosion;
(f) The Council approved the Arastradero Preserve Trails
Management Plan ("Plan") on May 14, 2001 which incorporated the
Capital Improvement Program Project 0118, "Al! Weather Arastradero
Road Paving" in which environmental reviews of "Soil Cement" were
included and considered for the stabilization of the utility access
trail tread (road surface) that runs. along Arastradero Creek
between the border of Foothills Park and Arastradero Lake, and
between Gate B on Arastradero Road and Arastradero Lake;
010802 s~ 0052787
(g) The site and design review of the Plan has been
conducted and the Plan has been recommended for approval by the
City boards and commissions having jurisdiction over such matters,
because it conforms to the provisions of Chapter 18.82 of the Palo
Alto Municipal Code and the Palo Alto Comprehensive Plan; and
(h) The Council desires to approve the Plan and to adopt
it as part of the official plan for the construction of
improvements at the Arastradero Preserve.
SECTION 2. The Plan, a copy of which is attached hereto
and incorporated by this reference is hereby approved and adopted.
SECTION 3.. The City Council hereby finds that it can be
seen with certaintythat there is no potential for this action to
have a significant adverse effect on the environment.
SECTION 4. This ordinance shall become effective upon the
commencement of the thirty-first day after the day of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Mayor
City Manager
City Attorney
Director of Public Works
Director of Planning and
Community Environment
010802 sd! 0052787
2
ARASTRADERO PRESERVE TRAILS MANAGEMENT PLAN
THIS DOCUMENT IS AVAILABLE
FOR REVIEW IN THE CITY CLERK’S OFFICE
.1 a s p e r
Ridge
Biological
PIe’~C r v(’
Portola
Valley
/
/
I./
_.i
(’Oal (’reck
()pen Space
P.resel’Ve
Exhibit A
itles
Road
r
Unincorporated
Santa Clara
County Land
o
SOLE SOURCE REQUEST AND AUTHORIZATION
To:
From:
MEMORANDUM
(Purchases in excess of $5,000)
Purchasing & Contract Administration
Fernando Velez, Contract Manager
Utilities/Engineering
(Department/Division)
Greg Scoby
(Requestor)
Sole Source Request for the Purchase of:
Midwest Industrial Supply, Inc. to provide soil stabilization for the Arastradero Utilities
All Weather Access Road Improvement pro.iect. Midwest Industrial to provide design,
labor, equipment, and materials in accordance with the Contract Specifications,
Requested SupplierNendor:
Name: Midwest Industrial Supply, In,
Address: P.O, Box843! Canton, 0hio4471!
Contact:Stephen Jaurigue Phone: (805) 347 7373
PEID #:Estimated Cost: $
PR #: 00136375
Sole Source Decisions: Attachment to PA-158 (Purchasing Manual - Rev.12/94)Page 1
SOLE SOURCE REQUEST AND AUTHORIZATION
JUSTIFICATION:
The following sole source justification has been written according to the Purchasing
Manual,s Procedure PA-158 issued 12/94. As a minimum justifications should include:
Detailed descriptions of why this meets sole source criteria see PA-158
(Purchasing Manual).
The actions taken by the department/division to search for the product or service
and what will be done to ensure competitive pricing.
Any reports (verbal or written) prepared by the department/division during the
research for available products/services.
Expected length of contract.
Last date a proposal or bid was received.
Due to the environmental sensitivity of this project, staff conducted extensive research
to find a method that would provide an esthetical acceptable and environmental friendly
solution that satisfies the Utilities Operational requirements. Asphalt surfacing, Road
Oyl®, and Soil-Sement® were the types of surface applications considered, Although
asphalt is the most readily available solution, it was not an acceptable option due to the
surrounding undeveloped/wilderness nature of the Arastradero Preserve. Staff next
considered Road Oyl at the request of Community Services Department staff. This
product has been utilized in several local National Parks, The road grades, changes in
elevation, encountered on the road caused the representatives of SSPCo to raise
concerns about the ability of their product.to perform under these conditions. The
maximum grade they reoommended for their product is 12%: Grades on the access
road are up to 18%. Due to the physical limitations of the Road Oyl product, staff
focused investigation on Soil Sement. Soil-Sement~ is environmentally safe polymer
emulsion that produces highly effective control of dust and surface erosion. It is a clear
product that is topically applied to the existing road base resulting in a transparent
aesthetically acceptable appearance. Staff met with representatives of Midwest
Industrial Supply. Inc. to evaluate the application of this product on the Arastradero
Access Road and subsequently visited an installation in Search Light, Nevada crossing
BLM land for access to a mine. This installation is approximately two years old and.......it
experiences heavy traffic loading produced by mining equipment traveling the 20 miles
across it. Soil Sement has provided a stabile road surface that continues to perform
with minimal maintenance under demanding conditions. The application of $oil-Sement
will improve the original construction access to the all weather surface road along the
Sole Source Decisions: Attachment to PA-158 (Purchasing Manual - Rev.12/94)Page 2
SOLE SOURCE REQUEST AND AUTHORIZATION
alignment of the existing utilities, It will also reduce errosion of the base rock surface.
Additional grading of the road along with the installation of drainage culverts will be
included in the application of Soi! Sement to preclude surface ponding and improve
drainage. Soil Sement is a patented product that is only represented by one contractor
in California.
Estimates were prepared for the three proposed surfaces and Soil Sementcame .in with
the lowest installed cost.
Both Community Services and Utilities W-G-W Engineering Department staff members
have conducted extensive effort to compare available alternatives and find the best
product for this project ~at a competitive price that satisfies both environmental and
durability concerns.
See attachment(s) for data associated with the different available products and
services.
The expected length for this project is approximately 60 calendar days.
~k bid for these services was received on ???? per the attached quotation.
Department Approval:
Requestor:
Division:
Department:
Buyer:PurchasingManager: Appr~s:
Manager Apprpvpl:
Sole Source Decisions: Attachment to PA-158 (Purchasing Manual - Rev.12/94)Page 3
CONTRACT No.
(Public Work)
Utilities Engineering
This Contract, number 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 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 ScoDe of Pro!ect 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 Utility All Weather Access Road, Invitation for Bid (IFB) Number 136375
Bid:$ 212,160.94
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.
Invitation For Bid.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1999).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or
the Standard Drawings and Specifications (1999).
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 wdtten 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 shali 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 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.
CITY OF PALO ALTO CONTRACT PAGE 1 of 8rev. 12/00
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 15 of this Contract.
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members,
officers, employees, agents and rapresentatives harmless from and against any and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, adsing, 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 adses 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 adses 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 adse 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 Ddnking 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 adse between the parties in the
administration of any part or provision of this Contract be construed to waive or to lessen the fight of City to
insist upon the performance of Contractor in stdct compliance with the covenants, terms and conditions of
this Contract.
NO Exoneration By Ins~)ection: The City has the fight, but not the duty, to inspect Contractor’s Work. The
right of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a
satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not
shift that obligation to the City or relieve Contractor from its obligations to complete the Work in a
satisfactory manner in compliance with the Contract requirements.
10.Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in
force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire
underwriters or other similar body now or hereafter constituted, with any discretionary license or permit
issued pursuant to any Law of any public agency or official as well as with any provision of all recorded
CITY OF PALO ALTO CONTRACT PAGE 2 of 8
rev. 12/00
11.
12.
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.
Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before
the Date of Execution, Contracto~ shall furnish to the Project Manager the Bonds as required under the
Invitation For Bid.
Representations and Warranties. In the supply of any materials and equipment and the rendering of labor
and services during the course and scope of the Project and Work, Contractor represents and warrants:
ao Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
bo Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials
are required;-
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;
Contractor has furnished and will fumish true and accurate statements, records, reports,
resolutions, certifications, and other wdtten information as may be requested of Contractor by City
from time to time during the term of this Contract;
ko Contractor and any person performing labor and services under this Project are duly licensed by
the State of Califomia 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.
CITY OF PALO ALTO CONTRACT PAGE 3 of 8
rev, 12/00
13.
14.
Assianment. 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.
Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract
Time or other disputes adsing out of the Contract shall be submitted by Contractor to City in wdting 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. Dudng the term of this Contract and for a pedod 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 wdtings 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, dudng the regular business hours of City.
16.Notice. 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 wdting 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 pdvate express delivery service, or (4) in the case of a
facsimile transmission, if sent to the telephone FAX number set forth below dudng regular business hours
of the receiving party and followed within two (2) Days by delivery of a hard copy of the matedal 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
Utilities Department
1007 Elwell Court
Palo Alto, CA 94303
Attn: Greg Scoby, Project Manager
To Contractor:Midwest Industrial Supply, Inc
1665 W. Betteravia
Santa Mada, CA 93458
Attn: Frank Elswick
17.Appr0pfiation 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 16 shall control in the event of a conflict with any other prevision 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.
b.Consent. Whenever in this Contract the approval or consent of a party is required, such approval
CITY OF PALO ALTO CONTRACT PAGE 4 of 8
rev. 12/00
Co
do
eo
go
o°
p°
CITY OF PALO
rev. 12/00
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 i.n
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 conceming the Project and Work, and there are no other prior oral
or wdtten 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 wdting 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 wdting, 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 dghts 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 hereLinder, 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,
ALTO CONTRACT PAGE 5 of 8
So
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 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 Count~
Superior Court Local Rule 1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for
the Northem 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 wdtten 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 Northem District of California.
Recovery of Costs. Each Party shall bear its own costs, including attomey’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 Altemative 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:CITY OF PALO ALTO
APPROVED AS TO FORM:
City Clerk By:
Its Mayor
Senior Assistant City Attomey
CITY OF PALO ALTO CONTRACT
rev. 12/00
PAGE 6 of 8
APPROVED:CONTRACTOR:
Assistant City Manager
Director of Utilities
Director of Administrative Services
Contract Manager (Insurance Review)
By:
Name:
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)
STATE OF
COUNTY OF
On , before me,
notary public in and for said County, personally appeared
,a
, 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 CONTRACT
rev. 12/00
PAGE 7 of 8
PARTII - BIDDEW8 BI~ PAGES. ~ im a III _ I
Project Tl~o:Alaal~-edero UffiWAII Walther A~I Read, InversiOn For Bid (IFB) Numbe~ 13S37S
Bid:Work o~ Re~tomtlon aml ImprOvement mt th~ Ataalradem Utitlty Aocoa~ Read inacccx-Oan~ w~th Part ill, Ge~et-,d Requirements ~d SlO~fl~tto~o, hor~:
Per
To~
Fund~ddng and installing da~ II I~ fo~k ent~sr.~sa ~ way ~s per aUsch t~ane ano
~-2
69S2 Per
Linear Unbar
FT FT
003
2070 Pal
Unsar Linear
FT FT
OO4
016 PetLinearUnear
FT FT
Labor, ~tp~m~. mat~la!:"and-
Scarify ~ rn~k to a depth of 4" (in~h--), apply
thomughht by mbdno 8oll.6emenl~ Into
~ rock, provide griming for drainal~,~ 1o SS% of maximum density per
(Unit Price in wor~: Four o~l,m & flflvJ~ne
I-aix~, equbrmmt, mated~, a~d ~armpormt~n toImat~ll 1~’ HDPE D~n Pipe bduding four Drain
~m Gul~ (C,O.), ares four Inline Drain B~in.
(Unit Pd:~ im words: Thimj flw~ns & eJah~ five
S35.~ Ss2,Ssn,6o
09/12/2001 WED 16:26 [TX/RX NO 6820] ~002
SEP-12-2001 WED 05:27 PI’I CITY OF PA UTILITIES FAX NO, 6505664536
P, 03 ~sent By: Midwest ZndustvLal Supply, Inc.; 805~62~;8ep-12-01 4;2~M;Pag# 315
PART II - BIDDER’S BID PAGF.S
-~D7
010
-012
20 Per
Ee~
40 P~r
15 p~"
450 cu. Per
02 Per
(Unit pr~ in wor~: _F_.t~t dotta~ t. _~ _k~_ ~n~,)
(Unit ~ic~ in wxct~: F~ur nurmlr~_ founder~ ~
inmtm. SL" com~md 8t~l P~, (CMP) v~hdrain inlets.
Install 11" c~~ ~tee! Rpe (CMP) with
drain intel~
Inml ~F~ ~t ,xt~tln| r,.Iv~t Idl~ ~l:m:)v~ lilnk l:.’,ol, ec4:lon ~omplet! in place.
(Urlll Prk:8111 WI:~dS: ]~to hu~dL~d ¢bd~j dol~
In~il| ¯ ~ pml~clJon ~ ~mplete tn
$~,100.00
$13,~25.00--
$1,0BO.OD
I1!
09/12/2001 WED 16:26 [TX/RX NO 6820] [~003
Sent By: ILi.dwest ln0ustPial Supply, Znc.; 80S3482954;
~P-12-200I ~ 01:07 PM CITY OF Ph ~ILITIE~
Sap-12-01 4:23PM;Page 4/5
P. O~
PART !1- BII~EI~ BID PAGE8
J._
Grand Tolxl (items 001 through 012, wrff! all qsplicable tax~ Mr, luded)
Lowe~ Re~xm~l~ ekk~rThe Io~ bid ~ be the Io~ to~l ofth~ bkl prices m I~e bas~ onlTad and tfiose ’adds’ o~ ’deducts’
~ams lake~ ~ ~det fro~ a ~ly kkN~t~ed I~t of lhose Items, dop~djrlg upon available funck; ~
(Not required far Bids with a Base Bid Grand Tote] amount of less
man US,000)
Bid Bond (Bldde~ ~hall enter the ammmt of
Nora: The Bid Bcr~ of BIddem who do not qualify as t~ I~ P~spor~lbl~ i~JId~
The Bidder shall bear all ~sls andprovide insurance as requk’~l by Part II, Section 6r~O, Insurance
P.~p~emerCz, herein,
The somc~od Bidder shall b~gln ~ nerw~er within 1~rea wori~n9 days fogowin9 Notic~ ~ proceed.
Pw/mtl~nce, md Pzyment (Lalmr and I&ztm~l) Bonds
The ~ ~ sha¢ f~mi~h City a Pe~ml"~’,:~ Bond, and Payment (Lab~" and Materials) Bond.
Bc~ bon~ shalt be in the amoun~ of 100% of the co~ ~¢e, and in accordemce w~ requiremenl~
o~talned in Part II, Se~Kxl 610, Peffom~r~ Bond, and in Section 520, Payment (Lab~ & Materials)
B~ncf, of m~ IFB,
Liq~idM~ DmnagesAny dutay by Conlractm to perform w,l ;merfem w~ the pro~" Imp~emema~n of City’s programs ~ theloss encl d~mage of P-,ffy. As it would be lnip.acl~bl~ to f~x the actusl damage P--Jty ,uffi~ In ttm event of
~I’Y-OF PAI,O AlTO
09/12/2001 WED 16:26 [TX/RX NO 6820] [~004
SEP-12-2001 WED 05:28 PM OITY OF PB UTILITIES
Sent By: M±o~vest Industr~l Supply, ~nc.; 8053462954;
FBX NO, BSOS6B453~ r, uo
Sep-12-01 4:24PM; P~ge 5/5
F~XNO, 8505884536 P, 05
The approflris~ ,Sp~lat Califm’n~a Contractors License parlainlng to the wm"k to I:~
PAGE 4-bF 4
09/12/2001 WED 16:26 [TX/l~ NO 6820] [~005