HomeMy WebLinkAbout2000-05-22 City Council (12)TO:
FROM:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
1 0
CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:MAY 22, 2000 CMR:253:00
SUBJECT:APPROVAL OF A CONTRACT WITH O’GRADY PAVING,. INC. IN
THE AMOUNT OF $1,772,887 FOR THE ~2000 STREET
MAINTENANCE CAPITAL IMPROVEMENT PROGRAM PROJECT
18670/18971
RECOMMENDATION
Staff’recommends that Council:
Approve and authorize the Mayor to execute the attached contract with O’Grady Paving,
Inc. in the amount of $1,772,887 for the 2000 Street Maintenance Program Project
(SMPP).
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with O’Grady Pav.ing, Inc. for related, additional but unforeseen
work which may develop during the project, the total value of which shall not exceed
$177,288.
DISCUSSION
Project Description
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 Maintenance Management System. The project typically encompasses
approximately eight lane miles of asphalt concrete paving and approximately 10 lane miles-
of slurry sealing per year. The project budget averages $1.8 million per year.
The project scope of the proposed work includes overlaying 10 lane miles (Attachment B)
and slurry sealing six lane miles of the City streets. Attachment Bprovides a list of streets
to be resurfaced. An additional three lane miles will be repaired as a result of the Measure
B funding. Nine of the 16 lane miles that will be resurfaced are located south of Oregon
Expressway. Part of the asphalt overlay and slurry seal work includes related work such as
thermoplastic striping and various concrete repairs such as curb ramps, curb and gutters, and
sidewalks. Curb ramps will. be installed to comply with the guidelines of the Americans with
Disabilities Act.
CMR:253:00 Page 1 of 3
Following the award of contract, businesses and residents affected by the project will be
notified. The contractor will also hand deliver door hanger notices seven days and 24 hours
in advance of the construction, work. Work is expected to start in June and be completed in
October 2000.
Bid Process
A notice inviting formal bids for the 2000 SMPP was issued on April 7, 2000 and sent to 14
builders’ exchanges and 13 general contractors. The bidding period was 25 days. Bids were
received from two qualified contractors on May 2, 2000, as listed on the attached bid
summary (Attfichment A). Bids ranged from a high of $2,299,436 to a low bid of
$1,772,887. Contractors not responding indicated that they did not submit a bid because they
were too busy bidding other jobs.
Staffhas reviewed both bids submitted and recommends that the bid of $1,772,887 submitted
by O’Grady Paving, Inc. be accepted and that O’Grady Paving, Inc. be declared the lowest
responsible bidder. The bid is 1.2 percent above the engineer’s estimate of $1,751,727. The
change order amount of $177,288, which equals 10 percent of the total contract, is requested
to resolve unforeseen problems and/or conflicts that may afi~e 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
Funds for this project are available in Capital Improvement Program Projects 18670 and
18971. On September 16, 1996, Council approved endorsement of Santa Clara County
Measure A, an advisory measure establishing transportation funding priorities for Santa Clara
County; and Measure. B, which would impose a one-half cent retail sales tax for a period of
nine years to fund certain transportation improvements (CMR:390:96). Voters passed
Measures A and B in 1996. In March 1999, the Santa Clara County Board of Supervisors
approved a FY-1999 allocation to the City of Palo Alto in the amount of $1,251,843 with an
appropriation for further funding of $1,251,843 in FY-2000.
The MeasureB allocations are to be expended no later than July 31, 2004. The 1999 SMPP
had an increased scope of work of approximately 16 additional lane miles that received
asphalt overlay at a cost of $869,885. The remaining $381,958 of allocation will be used to
augment the 2000 SMPP. Staff anticipates increasing the scope of work for the 2001 and
2002 SMPP thus depleting the FY2000 Measure B allocation within the allotted timeframe.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
CMR:253:00 Page 2 of 3
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:Bid Summary
Attachment B:List of Asphalt Overlay and Slurry Seal streets.
Attachment C:Contract
PREPARED BY:Elizabeth Ames, Senior Engineer
DEPARTMENT HEAD:
Director of Public Works
CITY MANAGER APPROVAL:
Assistant.City Manager
CMR:253:00 Page 3 of 3
ATTACHMENT A I
2000 STREET MAINTENANCE PROGRAM, CIP 18670/18971
BID SUMMARY
Bid Bid Item ENGINEERS ESTIMATE
Item # Description Quantity Unit Unit Pdce
Base Bid Schedule
1 1 1/2" Oveday 4,261 Ton $47.00
2 Slurry Seal 348 Ton $115.00
3 AC Leveling Course 1,035 Ton $55.00
4 Pavement Fabnc 454,510 SF $0.10
5 Wedge Cut 17,537 LF $1.80
6 AC Pavement Repair 6"3,210 Ton $72.00
7 AC Pavement Replacement 5"1,330 , Ton $65.00
8 AC Pavement Replacement 3.5’719 Ton $65.00
9 PCC Pavement Repair 169 CY $6_n_n.00
10 2"AC Milling 165,594 SF $0.35
11 Crack Sealant 66,230 LF $0.40
12 Interlayer Membrane 3,160 LF $1.40
13 Adjust Utility’Box 87 EA " $220.00
14 Adjust Manhole 20 EA $300.00
15 Survey Monument 5 EA $350.00
16 Blue Markers 71 EA $9.00
17 Striping, Caltrans Detail 1 1,385 LF $0.30
18 Striping, Caltrans Detail 4 139 LF $0.60
19 Striping, Caltrans Detail 21 2,40 LF $0.75
20 Striping, Caltrans Detail 22 1,147 LF $1.25
21 Striping, Caltrans Detail 23 297 LF $2.00
22 Striping, Caltrans Detail 39 3,201 LF $0.63
23 Striping, 12"VVhite 1,016 LF $2.00
24 Striping, 4"White 1,851 LF $0.55
25 The.l,uvlastic Legend 319 LT $47.25
26 Type A Curb and Gutter 3,686 LF $30.00
27 Type B Curb and Gutter 2,241 LF $32.00
28 Valley Gutter 15 LF $40.00
29 Curb Ramp 86 EA $1,200.00
30 Sidewalk 14,986 SF $7.50
31 Ddveway 5,853 ,SF $8.50
32 Brickwork 351 SF $15.00
33 PCC Sidewalk Grinding 100 SF $50.00
34 Adjust Catch Basin 8 EA $1,400.00
35 Raise Catch Basin , 2 EA $1,700.00
36 Adjust Electrical Vault 2 EA $1,500.00
37 Traffic Detector Loop 15 EA $1,100,00
38 Inert Recycling 10,613 Ton $5.00
39 Tree Trimming 1 T & M $35,000.00 I
40 Notification 1 LS $5,000:00
41 Traffic Control 1 LS $35,000.00
Base Bid Schedule Total
Amount
$200,267.00
$40,020.00
$56,925.00
$45,451.00
$31,566.60
$231,120.00
$86,450.00
$46,735.00
$101,400.00
$57,957.90
$26,492.O0
$4,424.O0
$19,140.00
$6,000.00
$1,750.00
$639.00
$415.50
$83.40
$180.00
$1,433.75
,$594.00
$2,016.63
$2,032.00
$1,018.05
$15 072.75
$110 580.00
$71,712.00
$6O0.O0
$103,200.00
$112,395.00
$49,75O.50
$5,265.00
$5,000.00
$11,200.00
$31400.00
$3,000.00
$16,500.00
$53,065,0O
$35,000.00
$5,000.00
$35,000.00
$1,599o851.08
O’GRADY PAVING, INC.
Unit Pdce Amount
$50.00 $213 050.00
$160.00 $55 680.00
$57.00 $58,995.00
$0.10 $45,451.00
$1.50 $26,305.50
$80.00 $256,800.00
$69.00 $91,770.00
$75.00 $53,925.00
$500.00 $84,500.00
$0.30,$49,678.20
$0.27 $17,882.10
$2.00 $6,320.00
$180.00 $15 660.00
$300.00 $6,000.00
$280.00 $1,400.00
$25.00 $1,775.00
$0.66 $914.10
$1.10 $152.90
$2.00 $480.00
$2.20 $2,523.40
$3.30 $980.10
$0.95 I $3,040.95
$2.20 $2,235.20
$0,80 $1,480.80
$28.00 $8,932.00
$32.00 $117.952.00
$32.00 $71,712.00
$100.00 $1,500.00
$1,100.00 $94 600.00
$8.00 $119,888.00
$9.00 $52,677.00
$30.00 $10,530.00
$15.00 $1,500.00
$750.00,$6,000.00
$900.00 $1,800.00
$1,000.00 $2,000.00
$580.00 $8,700.00
$1,70 $18,042.10
$35,000.00 $35,000.00
$35,000.00 $35,000.00
$35,000.00 $35,000.00
$1,617,832.35
PAVEX CONSTRUCTION CO.
Unit Pdce
$75.00
$140.00
$95.00
$0.08
$2.00
$115.00
$105.00.
$95.0O
$500.00
$0.40
$O.3O
$2.00
$25O.0O
$35O.0O
$170.00
$20~00
$O.60
$1.00
$1.60
$2.00
$3.00
$0.85
$2.00
$0.7O
$25.00
$34.00
$34.00
$5O.O0
$1,100.00
$8.00
$9.00
$15.00
$2O.OO
$1,000.00
$!,700.00
$2,000.00
$900,00
$8.00
$35,000.00
$1,500.00
$151,000.00
Amount
$319,575.00
$48,720.00
$98,325.00
$36,360.80
$35,074.00
$369,150.00
$139,650.00
$68,305.00
$84 500.00
$66,237.60
$19,869.00
$6,320.00
$21,750.00
$7,OOO.OO
$850.00
$1,420,00
$831.00
$139.00
$384.00
$2,294.OO
$891.00
$2,720.85
$2,032.00
$1,295.70
$7,975.00
$125,324.00
$76,194.00
$750.00
$94.600~00
$119,888.00
$52 677.0O
$5,265.00
$2,000.00
$8,000.00
$3,400.00
$4,000.00
$13,500.00
$84,904.00
$35,000.00
$1.500.00
$151,000.00
$2.119.670.95
ATTACHMENT A
2000 STREET MAINTENANCE PROGRAM, CIP 18670118971 "
¯BID SUMMARY
Bid Bid Item
Item # Description Quantity
Add Alternate #1
Unit
1 1 1/2" Overlay 296 Ton
2 Pavement Fabric 31,607 SF
3, Wedge Cut 1,775 LF
4 AC Pavement Repair 6"336 Ton
5 Crack Sealant 950 LF
6 Adjust Utilibj Box 12 EA
7 Adjust Manhole 4 EA
8 Blue Markers 2 EA
9 Striping, Caltrans Detail 21 59 LF
10 IStdping, 4" White 25 LF
11 ’Striping, 12" White 126 LF
12 Thermoplastic Legend 22 LT
13 Type B Curb’and Gutter ¯275 LF
14 Curb Ramp 8 EA
15 Sidewalk 1,050 SF
16 Driveway 375 SF
17 Valley Gutter 30 LF
18 Adjust Catch Basin 1 EA
19 Inert Recycling 587 Ton
20 Tree Trimming 1 T & M
21 Notification 1 LS
22 Traffic Control 1 LS
Add Alternate #1 Total
ENGINEERS ESTIMATE
Unit Price Amount
$47.00 $13,912.00
$0.10 $3,160.70
$1.80 $3,195.00
$72.00 $24,192.00
$0.40 $380.00
$220.00 $2,640.00
$300.00 $1,200.00
$9.OO $18.00
$0.75 $44.25
$O.55 $13.75
$2.00 $252.001
$47.25 $1,039.50
$32.00 $8,800.00
$1,200.00 $9,600.00
$7.50 $7,875.00
$8.50 $3,187.50
$40.00 $1,200.00
$1,400.00 $1,400.00
$5.00 $2,935.00
$2,000.00 $2,000.00
$500.00 $500.00
$4,000.00 $4,000.00
O’GRADY PAVING, INC.
Unit Pdce Amount
$50.00 $14,800.00
$0.11 $3,476.77
$1.50 $2,662.50
$81.00 $27,216.00
$0.27 $256.50
$180.00 $2,160.00
$300.00 $1,200.00
$25.00 $50.00
$2.00 $118.00
$1.00 $25.OO
$2.30 $289.80
$30.00 $660,00
$32.00 $8,800.00
$1,100.00 $8,800.00
$8.00 $8,400.00
$9.00 $3,375.00
$100.00 $3,000.00
$750.00 $750.00
$1.70 $997.90
$2,000.00 $2,000:00
$2,000.00 $2,000.00
$2,000.00 $2,000.00
Unit Pdce
PAVEX CONSTRUCTION CO.
Amount
$91,544.70 $93,037.47
$60.00
$0.08
$2.16
$85.00
$0.30
$2OO.OO
$400.00
$20.00
$1.60
$0.70
$2.00
$25.0O
$34.00
$1,000.00
$8.00
$9.00
$50.00
$1,000.00
$8.00
$2,000.00
$500.00
$5,000.00
$17,760.00
$2,528.56
$3,834.00
$28,560.00~
$285.00
$2,400.00
$1,6OO.OO
$40.00
$94.40
-$17.50
$252.OO
$550.00
$9,350.00
$8,000.00
$8,400.00
$3,375.00
$1,500.00
$1,000.00
$4,696.00
$2,0O0.0O
$500.00
$5,000.00
$101,742.46
ATTACHMENT A
2000.STREET MAINTENANCE PROGRAM, ClP 18670/18971
BID SUMMARY "
Bid
Item #
Bid Item
Description
Add Alternate #2
Quantity Unit
ENGINEERS ESTIMATE
Unit Pdce Arno;mt
$47.00 $13,865.00
$0.10 $3,141.50
$1.80 $3,452.40
$72.00 $9,144.00
$0.40 $464.00
$220.00 $1,760.00
$300.00 $1,500.00
$0.30 $186.00
$0.63 $406.35
$2.00 $120.00
$47.25 $1,228.50
$9.00 $18.00
$30.00 $8,250.00
$1,200.00 $6,000.00
$7.50 $3,000.00
$8.50 $850.00
$5.00 $1,445.00
$2,000.00 $2,000.00
$500.00 $500.00
$3,000.00 $3,000.00
1 1 1/2" Oveday 295 Ton
2 Pavement’Fabric 31,415 SF
3 Wedge Cut 1,918 LF
4 AC Pavement Repair 6"127 Ton
5 Crack Sealant !,160 LF
6 Adjust Utility Box 8 EA
7 Adjust Manhole 5 EA
8 Striping, Caltrans Detail 1 620 LF
9 Striping, Caltrans Detail 39 645 LF
10 Striping, 12" White 60 LF
11 Thermoplastic Legend 26 EA
12 Blue Markers 2 EA
13 Type A’Curb and Gutter 275 LF
14 Curb Ramp 5 EA
15 Sidewalk 400 SF
16 Driveway 100 SF
17 Inert Recy~ing 289 Ton
18 Tree Tdmming 1 T & M
19 Notificatior~1 LS
20 Traffic Control 1 LS
Add Alternate #2 Total $60,330.75
O’GRADY PAVING, INC.
Unit Pdce Amount
$50.00 $14,750.00
$0.11 $3,455.65
$1.50 $2,877.00
$81.00 $10,287.00
$0.27 $313.20
$180.00 $1,440.00
$300.00 $1,500.00
$1.00 $620.00
$1.00 $645.00
$2.30 $138.00
$40.00 $1,040.00
$30.00 $60.00
$32.00 $8,800.00
$1,100.00 $5,500.00
$8.00 $3,200.00
$9.00 $900.00
$1.70 $491.30
$2,000.00 $2,000.00
$2,000.00 $2,000.00
$2,000.00 $2,000.00
$62,017.15
PAVEX CONSTRUCTION CO.
Unit Pdce Amount
$65.00 $19,175,00
$0.08 $2 513.20
. $3.00 $5,754.00
$120.00 $15,240.00
$0.30 $348.00
$250.00 $2,000.00
$500.00 $2,500.00
$0.60 $372.00
$0.85 $548.25
$2.OO $120.00
$25.0O $650.00
$20.00 $40.00
$34.00 $9,350.00
$1,100.00 $5,500.00
$8.00 $3:200.00
$9.00 $900.00
se.00 $2,312.00
$2,000.00 $2,000.00
$500.00 $500.00
$5,000.00 $5,000.00
ITOTAL CONTRACT AMOUNT $1,751,728.53 i 1,772,886.97 I 2,299,435.88
ATTACHMENT B
2000 STREET MAINTENANCE PROGRAM PROJECT, ClP 18670118971
LIST OF OVERLAY STREETS
STREET
1 Alger Drive
2
Briarwood Wayr
3 Birch Street
4 Byron Street
5 Campesino Avenue
6 Campesino Avenue
7 Campesino Avenue
8 CorinaWay
9 Cowper Street
10 Cowper Street
11 Cowper Street
12 Cowper Street
13 Cowper Street,
14 East Bayshore Road
15 East Meadow Drive
16 El VeranoAvenue
17 Emerson Street
18 Everett Court
19 Gailen Court
20 Gailen Avenue
21 Island Drive
22 Lane 66
23 Lane 66
24 Lane 66
25 Lane 66
26 i Loma Verde Place,
27 Maplewood Place
28 Mariposa Avenue
29 Melville Avenue
30 Melville Avenue
31 Miramonte Avenue
32 Miranda Avenue
33 Murdoch Drive
34 Murdoch Drive
35 Park Avenue
36 Park Boulevard
37 San Antonio Avenue
38 Seminole Way
39 Sequoia Avenue
40 Sheridan Avenue
41 South Court
42 Stanford Avenue
43 Stone Lane
44 Webster Street
45 Whitman Court
FROM
Murdoch Drive
Hemlock Court’
Park Boulevard
Melville Avenue
Ramona Street
Bryant Street
!South Court
Ross Road
Addison Street
Kingsley Avenue
Melville Avenue
Santa Rita Avenue
Washington Avenue
Adobe Creek
Fabian Way
Bryant Street
El Verano Avenue
Webster Street
Gailen Avenue
Grove Avenue
Hamilton Avenue
Fernando Avenue
Margarita Avenue
Matadero Avenue
Wilton Avenue
Loma Verde Avenue
Maplewood Avenue
Churchill Avenue
Byron Street
Greenwood Avenue
Castilleja Avenue
Hillview Avenue
Ashton Avenue
Murdoch Court
Park Boulevard
El Camino Real
Dake Avenue
Sutherland Drive
Madrono Avenue
Birch Street
East Meadow Drive
El Camino Real
=Ross Road
Palo Alto Avenue
Waverley Street
TO
Cowper Street
San Antonio Avenue
Leland Avenue
Kellogg Avenue
Bryant Street
South Court
Waverley Street
Louis Road
Kingsley Avenue
Melville Avenue
Embarcadero Road
Washington Avenue
=N. California Avenue
Embarcadero Road
East Meadow Circle
South Court
End
Cowper Street
End
Louis Road
Edgewood Drive
Margarita Avenue
Matadero Avenue
Wilton Avenue
End
End
End
Miramonte Avenue
Middlefield Street
I Channing Avenue
Mariposa Avenue
Foothill Expressway
Murdoch Court
Alger Drive
Ash Street
Birch Street
Mackay Drive
Montrose Avenue
. Escobita Avenue
Park Boulevard
Redwood Circle
Ash Street
End
Hawthorne Avenue
Bryant Street
ATTACHMENT B
2000 STREET MAINTENANCE PROGRAM PROJECT, ClP 18670118971
1
2
3
4
5
6
7
8
9
10
LIST OF SLURRY SEAL STREETS
11
12
13
14
15
16
17
18
19
2o
21
22
23
24
25
26
27
28
29
STREET
Ash Street
Barbara Drive
Bayland Preserve Parking Lot
El Verano Avenue
Emerson Street
Emerson Street
Greer Cul-de-Sac 3
Greet Road
Janice Way
Leland Avenue
Leland Avenue
= Marshall Drive
Miller Avenue
Nathan Cul-de-Sac
Nathan Way
Nathan Way
Page Mill Road
Palo Alto Avenue
Park Boulevard
Park Boulevard
Sherman Avenue
I Stanford Avenue
Park Avenue
Seale Avenue
FROM
Alma Street
Matadero Creek
El Carmelo Avenue
Greer Road
Thomas Drive
Greet Road
Park Boulevard
Birch Street
= Moreno Avenue
Monroe Drive
Nathan Way
Louis Road
Nathan Cul-de-Sac
Park Boulevard
Chaucer Street
Birch Street
Page Mill Road
Park.Boulevard
Ash Street.
TO
Leland Avenue
N. California Avenue
Emerson Street
El Carmelo Avenue
Loma Verde Avenue
End
Kenneth Drive
Greer Road
Birch Street
Ash Street
Louis Road
End
End
Nathan Cul-de-Sac
End
End
Marlowe Street
Castilleja Avenue
Olive Avenue ~
End
Birch Street
Tanland Drive
Tulip Lane
Ventura Court
Webster Street
Webster Street
Wildwood Lane
Wintergreen Way
Amarillo Avenue
Greer Road
Ventura Avenue
Santa Rita Avenue
N. California Avenue
Embarcadero Road
Ross Road
Amarillo Avenue
Greer Road
End
N. California Avenue
Oregon Expressway
Channing Avenue
End
ATTACHMENT C
FORMAL CONT~;~ACT
CONTRACT No.
(Public Work)
SECTION 500
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 O’Gradv Pavina. Inc., a California
Corooration, ("Contractor").
For and in consideration of the covenants, terms, and conditions (=the provisions") of this Contract, City and Contractor
("theparties") 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 Contract to the satisfaction of City. The Project and Work is generally described as
follows:
Title of Project: 2000 Street Resurfacing Program Project, Invitation for Bid (IFB) Number 124687
Total Contract Amount: $1.772.886.97 (Base Bid, Add Alternate No. 1, and No. 2)
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.
g.
h.
I.
J.
k.
This Contract.
Invitation For Bid.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
Standard Drawings and Specifications (1992).
Any other document not expressly mentioned herein which is issued by City or entered into by the
padies.
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 (1992), or, if no time is stated, within
thirty (30) Days of the date of receipt of Contractor’s invoices.
Insurance. On or.before the Date of Execution, Contractor shall obtain and maintain the policies of insurance
coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by
CITY OF PALO ALTO IFB 124687 PAGE 1 OF 7
A’I-i’ACHMENT C
FORMAL CONTRACT"SECTION 500the 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 odginal endorsements affecting
coverage required under this Contract on or before the Date of Execution. The certificates and endorsements
for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its
behalf. Proof of insurance shall be mailed to the Project Manager to the address sei forth in Section 15 of this
Contract.
-6.Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Councilmembers, 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 I ability
on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise
from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers,
employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or
liens made or filed by reason of any work performed by Contractor under this Contract at any time during the
term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations under
this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City
Council members, officers and employees from and against any and all claims, demands, liabilities, losses,
damages, costs, expenses, liens, penalties, suits, or judgments City may incur, adsing, in whole or in part, in
connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract,
under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§9601-6975,
as amended); the Resource Conservation and Recovery ACt (42 U.S.C. §§6901~6992k, as amended); the Toxic
Substances Control Act (15 U.S.C. §§2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, §§25300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, §§25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, §§25249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, §§25280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law. "
_Assumotion 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.
Waive_____r. Tl~e 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 inthe 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.
Compliance with Law,~. 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, ~vith the requirement of any bond or fire underwriters or
other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any
Law of any public agency or official as well as with any provision of all recorded documents affecting the Project
site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws
CITY OF PALO ALTO IFB 124687 PAGE 2 OF 7
ATTACHMENT C
FORMAL CONTRACT
¯ pertaining to nondiscrimination in employment and hazardous materials.SECTION 600
10.Bond__s. 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.
11.Representations and Warrantie,~. 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:
do
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
ko
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 freeof 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 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 ag~’eed, 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 Contra~ 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.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. ¯
CITY OF PALO ALTO IFB 124687 PAGE 3 .OF 7
ATTACHMENT C
FORMAL CONTRACT
12.
13.
SECTION 600
AssiQnment. 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 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.
14.
15.
Audits bv Cir. 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.
Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents,
designations, notices, offers, requests and statements given by either party to the other shall be in writing and
shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States ’
mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission,
if sent to the telephone FAX number set forth below during regular business hours of the receiving party and
followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in
accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and
service by facsimile transmission.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to:City of Palo Alto
Public Works Department
250 Hamilton Ave
P.O. Box 10250
Palo Alto, CA 94303
To Contractor:
Attn: Elizabeth Ames, Project Manager
O’Grady Paving, Inc..
2513 Wyandotte Street
Mountain View, CA 94043
16.¸
Attn: Craig E. Young, Vice President
Aoorooriation of City Fund-~. 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 provision of this Contract.
17. Miscellaneous.
CITY OF PALO ALTO IFB 124687 PAGE 4 OF 7
ATTACHMENT C
FORMAL CONTRACT SECTION 500.
a. Baiiee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s
bailee, and City is, therefore, not responsible for any damage to the. personal property of Contractor.
Consent. Whenever in this Contract the. approval or consent of a party is required, such approval or
consent shall be in writing and shall be executed by a person having the express authority to grant
such approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Lawsof the State o~ 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
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.
Prov sion. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or
other stipulation in the Contract shall define or otherwise control, establish, or limit the performance
required or permitted or to be required, of or permitted by either party. All provisions, whether
covenants or conditions, shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or
other writing, which authorizes any director, officer or other employee or partner to act for or in behalf
of Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void
or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as
an independent contractor and not as an agent or employee of City. Contractor shall not be entitled
to any rights and benefits accorded or accruing to the City Council members, officers or employees
of City, and Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply
to and bind, the successors and assigns of the parties.
o.Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the
CITY OF PALO ALTO IFB 124687 PAGE 5 OF 7
ATrACHMENT C
FORMAL CONTRACT SECTION 500
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.
.p.Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such
action shall be vested exclusively in the state courts of California in the County of Santa Clara in the.
City of San Jose or in the United States Distdct Court for the Northern District of California in the City
of San Jose.
?
Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or
arising out of this Contract may recover its reasonable costs, including reasonable attorney’s fees,
incurred or expended in connection with such action against the non-prevailing party.
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 Attorney
APPROVED:CONTRACTOR:
Assistant City Manager
Director of Public Works
Director of Administrative Services
Contract Manager (Insurance Review)
By:
Name:
Title:
By:
Name:
Tile:
(Compliance with Califomia Corporations Code § 313 is required
if the entity on whose .behalf this contract is signed is a
corporation. In the alternative, a certified corporate resolution
attesting to the signatory authority of the individuals signing in
their respective capacities is acceptable)
CITY OF PALO ALTO IFB 124687 PAGE 6 OF 7
ATTACHMENT C
FORMAL CONTRACT
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
COUNTY OF .)
On , before me,
, a notary public in and for said County, personally appeared
SECTION 500
, 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 124687 PAGE 7 OF 7