HomeMy WebLinkAbout0320.092July 2, 1992
THE HONORABLE CITY COUNC!L
Palo Alto, california
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AlmA street lEast Charleston Road Intersection Improvements T CIP
19973 -Right of-Entry Permit vith the Joint Po~ers ,oard and Avard
of Construction Cont~ac~
Report in Brief
This report recommends that Council approve the attached permit to
be issued by the Joint Powers Board (JPB), vhich authorizes the
city and its contractor to construct improvements on railroad
riqht-of-way in the viCinity of the East Charleston Road c~os$inq.
This report also recom.m.ends that Council a'Ward a contract to
O'Grady Paving, Inc. in the amount of $225,429 for constr·.lcting the
improvements. Funds are available from Major 1ntersection
Improvements project, CIP 19073.
Background
On December 12f 1991 (am 568:91), council adopted a resolution
approving an agreement with Cal trans for the spa to construct
railroad improvements including Vehicle gates, a cantilever signal
warning system, track surface replacement and rubberized pavement
at the Al:ma/Meadow and Alma/East Charleston crossings. council
also approved an agreement on March 12, 1992 (CMR 181:92) between
the City, Southern Pacific Railroad (SP) and the JPB for the
installation and n.aintenance of automa.tic pe-destri.a..n qatss at both
crossings.
SP representatives have recently indicated that the pedestrian
qat~s, vehicle gates and signal warning system will ~e installed by
mid-August pending availabiLity of mat~rials. Although the
railroad improvements 'Will be constructed concurrently at both
crossinqs, SP way complete East Charleston Avenue first in o:t:der to
facilitate the City's improvement project. SP and JPB have been
unwilling to commit to a timing tor the track replacement,
rubberized crossing and related surface improvements,: however,
staff expects that this ~ork ~ill be completed within six to nine
months.
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CHR: 320:92
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Discussion of Right-or-Entry Permit
Prior-to issuing the contractor a notice to pCCfCeed for the
Alma/East Charleston intersection improvements, the City must first.
execute the riqht-af-entry perr,it to be issued by the JPB
(Atta.chment B). The-permit authorizes the City's contractor to
construct a right-t1lrn lane, road 'Widening, fencing and la'1dsc3Iping
in the railroad right-of-'.,.,ay. In addition, the permit requires the
City to pay $900 for the per~it application fee and to pay the
reasonable cost of a flagperson and in~pector for the duration of
the project. Staff estimates that the total cost for the permit
fae, flagperson and. inspector ...... ill be approximately $20.0D~.
Discus$ion ~f Con§truction C~nt~act
Bids 'Were received from thr-ee qualified contractors as il"1_dicated on
the attaChed summary {Attachment A). staff recommends that the bid
of $225,429, submitted by O'Grady Paving, Inc., be C!etertfLined by
council to be the lowe.st responsible bid and the contract be
awarded accordingly (Attachment C) ~ This bid is 30 per~ent below
the engineer's estimate of $325,650.
staff requests authority to issue change orders of up to $45,000,
which is 20 percent of the contract arnount l for unforeseen
modifications to the worx by the city's cont.ractor. The higher
than normal contingency is due to possible changes in the
contractor's construction limits and schedule necessary for
accommodating overlapping concurrent railroad worx. This will help
to minimize any delays to SP in completing their pedestrian qate
installation.
In addition to the aforementioned improvements, the project
inclUdes street resurfacing, new sidewalk ramps fer the physically
disabled, a traffic signal system; striping, markers, legends and
siqnaqe. All design wo~k has been coordinated in advance with SP,
the JPB and the Public tj"tilities conunission. CO!'lstruction will
begin in July, after the end of the sunur.er school ses~icn. and is
expectad to be completed by early September, prier to t~e start of
the fall session.
The timing of the work may be delayed due to any AMTRAK strike
... hieh gdversely affects delivery of contractor materials. In
aacUtion, City construction cannot occur in the area of the
railroad tracks unless an AMTRAK inspector and flagperson are
present. Assignment of the personnel may be delayed by the recent
changeover in railroad ownership.
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Several measures are being taken to ensure that the project is
constr\.Octed in a safs manner'". As indicated, AMJ'RAl< personnel 'Will
be utilized in addition to the City's inspector and contractor's
flagpersons. Construction ~ill conform to a detailed traffic
control plan appr.oved by the City's Transportation Diviaion. The
santt:; Clara County Transpo~tation Agency and Saf' Mat~o Count)'
Transit District and the Pale Alto Unified School District have
bee.n not.ifiea of the CO:ilst:t::uction. In addition~ information on the
project has been provided to the School District for their
ne.",sletter. Notices will be delivered 1.:.0 residents within a two
:block radius of the work area, and advance notice construction
signs ..... 111 be posted. in the area.
Future Actions
stat'f will return to Council \\lithin six to nine months with i!
separate agre?-~ent between the City and the 3P8 for a permanent
right-of-way easement or ownership interest to be granted to the
city as necessary to permanently acccmrnodate the right-turn-1ane
and the road widening to he constructed ur.der the project.
The project includes landscaping and fencing adjacent to the
railroad tracks on both sides of East Charleston Avenue along Alma
street, b,g a condition of the Architectural Revie", Board staff
approval. Howeve~, the JPB ..... il1 not allow these improvements to
occur until the permanent ease1!'.ent or ownership interest is
negotiated. The jPB requires that the landscaping be limited to 4
feet in height within 200 fe.et either side of Charleston Avenue, to
provide a line of sight between trains and pedestrians/vehicles.
The JPB has also required that the landscaping and fencing be
constructed in an area no 'Wider than 5 feet from ttle edge of
roadway, so as not to interfere with any future railroad
improvements.
En~J ironmen1;a 1 Assessment.
This ;.rcject
Environmental
Guidelines.
is categorically exempt from the California
Quality Act (CEQA) under Section 153Cl of the CEQA
Recommendations
staff recommends that Council:
1.. Approve and authorize the Mayor to execute the attact.ed Right
of-Entry permit to be issue.d by the .Joint Powers Board,
authorizing the City's contractor to construct improvements in
the railroad right-of-way.
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CI!R: 320: 92
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2. Approve and authorize the Mayor to execut,z t:he attached
contract with O'Grady Paving, Inc. in the amount of $225,4~9
for the Alma Street/East Charleston Improvement Project, elP
19073 •
3. Authorize the City Manager or his desiqnee to negotiate and
execute one OJ; more change orders to the constr-'.lction contract
with O'Grady Poving, Inc., the total v~lue of change orders
shall not exceed $45,000.
Respectfully Submitted,
d: £.A /-:;h1p~ &Yrr~~
GEORGE BAGDON
~ssistant Director of public Works
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DAVID G. ADAMS
Director of Public Works
\\Ij~tu~ ~1""FLEMING
Assistant City Manager
cc: Palo Alto Bicycle Advisory committee
City School Traffic Safety Committee
Palo Alto Unified School District
Attachments:
CMR:nO:92
A.
E.
C.
Sid SUllU!lary
Right-of-Entry ?er~it
Contract Paqes
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1 n'''J>I':'''rt <;3""~'C
TABULATION OF BID RESULTS
(BID SUMMARY)
PROJECT: ALMA ST. & EAST/WEST CHARLESTON RD. INTERSECTION IMPROVEMENTS
CIP # 19073
BID DATE: 23-June-92 @ 3:00 PM
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ENGINEEf'i'S i O'Grady Pa¥thg Inc, I Ofivet da Silva, Ino, fran it. Conn Co. I
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o AttClchment B
Peninsula Corridor Joint Powers Board
1250 S." Carlo. Ave., P.O. Box 300~, S." Carlo., CA 94070-1306
(415)508-6269 Fox: (415)508·6281
.June 30, 1992
Mr. Pat StODe
Senior Engineer
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
Dear Mr. Stone:
Re; Right-ot-Entry Per-Zlit for Improveme.nts at Alma
str~(Charlesto!1 Road. __ palo Alto. CA
Peninsula Corridor Joint Powers Board (nJPE" cr npermittcr~)
herebr permits the City of Palo Alto ,IIPermittee") to enter upon
Permittor's property located at or near mile post E33.4 1 City of
Palo Alto , County of San~a Clara, State of California in the
location described in the ~ttached prints of Drawing Nos. 1 and
2~ attached as Exhibit A ("Premisss"), which is incorporated by
this reference, subject to all licenses, easements, encumbrances
and claims of title affecting the Premises and upon the following
terms and conditions:
1. No work shall commence on the Premises until Fermittee
accepts this right cf entry per:r:1it ,"Permit"). The doing of
any ~ork under this Permit shall const~tute acceptance of
these Permit provisic1ns.
2. This Permit is for Permittee's exclusive use and is not
assignable ~ithout the prior consent of the JPB, except in
the case of Permittee' 5 contractor ("Cont.l"actor") or
subcontractors {nsubcontractors") who shall be deemed agents
of Permittee subject to the terms of this Permit. It is
given to Permittee solely for the purposes of ccnstructing a
right tUrn lane, fence, landscaping and road ~idenjng
(l1 structures"') ~ This Permit shall be tor the construction
and location of the Structures, storage purposes and all
work incidental thereto.
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This Permit shall be effective for ~ period of on~ yeaL from
the above date and then shall automatically te~minate unless
extended by nll..ltual agreement. Permi ttor reserve3 the right
to revok€ or modify this permit at any time prior to the
termination date upon forty-eight (48) hours advance notic~
from Permittor to Permittee. This Permit shall also lapse
and become void if tne structures are not comrnence~ ~ithin
one year of the date of this letter.
A copy of this Permit must be kept on the site of the work
and ehown to a~y representative ot the JPB upon demand.
Work may be suspended if this Permit is not at job site.
S. The work on and adjacent to Permittor's property is to be
performed in accordance ~ith plans and specifications
submitted subject to Permitt~r's reasonable approval, and
5~all conform to applicable Public utilities Corr~ission
requirements. Approval by Permittor shall not constitute a
warranty that such plans conform ~ith applicable fede~al,
state and/or local cod~s and regul~tions.
6. All costs related to Permittee's operations upon the
Premises shall be at Permit_tee's expens~ and all .... ork J:Jy
Permittee upon the Premises sha 11 be performed in a good and
worker like manner satisfactoLY to Permit tor. Since there is
the possibility of the existence of pipelines or other
structures beneath the Pre~ises, if Permittee should
excavate or drill. then Permittee's forces shall exolore
such structures ~ith hand tools to a depth of at least eight
feet (a') below the surface of the ground or, at Permittee's
option, use suitable detection equipment prior to drilling
or excavating with mechanized equipment. Absence of markers
does not constitute a warranty by Permittor of no subsurface
installations~ Prior to Permittee's commencement of work on
the structures, Permitt~r shall notify Permittee of any
unde!'ground structures located on the Premises provided
PerI:',ittor has actual, not constructi "'e, kr,owledge of the
same, ·.ithout independent investigation. Notwithstan~inq
the roregoinql it shall be Permittee's respgnsibility tc
determine the existence of &~y un~erqroun4 facilities and
Permittee shall call Underground Service A1ert at 1-800-642-
26'4 prior to beginning any work on the Premises.
7. All wo~k upon or in connection ~ith the Structures shall be
done to Permittor's r~asonable satisfactio~ at such times
and in such manner as not to interfere with Permittor's
operations. Permittee shall keop Permittor's P.rernises irl a
reasonably neat and safe condition failing ~hich Permittor,
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after 2'1 hours prior ~.otice to Permittee, may do so at
Permittee's expense~
Any open holes shall be sa~isfactorily covered at all times
when Permittee's forces are not ph~~sically ",,;orking in the
actual vicinity. Upon c~~pletion of work, all holes will be
filled in to s"<Jrrour.ding ground level with clean, compacted,
earthen material and the Premises left in a neat and safe
condi ti on reasonably satisfac.tcry to Per-.mi ttor.
Permittee shall be permitted to cross Permittor's tracks
located adjacent to the Premises to gain access to ~nd from
the Premises only by use of designated public streets or
crossings.
10. No hazardous materials shall be handled ac any ti~e upon the
Premi~es.
11. Under no condition shall Permittee be permitted to place or
store any mecha!':!ized equipment, ~ools or other materials
within twenty-five feet (25') of the cent~~ ::ne of
Permittor's nearest railroad tracks ~l:ithout prior consent of
the 3PB, which co~sent shall net be unreasonably wit~he!d.
12. The pr-esence of an inspector/flagman from Permittor shall be
required on the Premises at all times when Permittee or any
of Permittee's forces or contractor are ~orkinq. The
reasonable cost to Permittee of such inspector/flaqm~n shall
be payable to Permittor ~ithin thi~ty (3D} days after
presentation of a bill.
13. upon request of Permittor, Permittee shall furnish
Permittor, without cost or charge, a cOP:" of the record
drawings of the improvements constructed by the Contractor
on and adjacent to the Premises _ithin thirty (30) days of
co:npletion of all such construction~
14. with respect to the structures, Permittee shall fully pay
for all materials joined or affixed to the Premises, and
shall pay in full all persons who perform labor O~ the
Premise-s. Permittee shall not suffer an:,.' mechanics' or
caterial:men's liens of any kind to be el,forced against the
Premises for any work done or materials furni~hed at
Pe.rmittee's request~ If any such liens are filed, Permittea
shall remove them at Permittee's O'Jn expense as soon as
possible, and shall pay any judgment ~hich may be entered.
Should Permittee fail, neglect or refuse so to do,
Permittor, after 72 hours prior notice to Permittee, shall
have the right to pay any amount required to rele.ase any
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58411.3
such liens, or to defend any action brought, and to pay ani
judgment entered. Permittee shall be liable to per~.ittor
tor all costs, dama.ges, reasonable attorneys' fees, and .any
amounts expended in defending any proceedings or in the
payment of any of said liens or arJ.Y judgm~i1t. Permittor mal'
post and maintain up-on the Premises !"lot ices of
nonresponsibility as provided by law.
PErmittee shall release, defend and indemnify Perll~ittor from
and against all liability, cost and expense for loss of or
damage to property and for injuries to or death of any
person finclucling l but not limited ta, the property and
employees of each party) when arising or resulting from the
use of the Premises by Permittee, its a';tents, employees,
contractot', Subcontractor or invitees j or Permi ttee' 5 breach
of these provisions~ The duty of Permittee to indemnify and
save harmless includes the duties to defend as set forth in
Section 2778 of the Civil Code. It is the express intent of
the parties under this secticn 15, thct Permittee ~i]l
indemnify and hold harmless Perrnitt0r, its directors,
officers, employees and agents fro:!l any and all claims,
suits or actions arising fror:. any cause. · .... hatsoever as set
forth above, other than the active negligence, ~ ... ilful
misconduct or crimi:r;al ,acts of Permittc>r, their respective
directors, o.fficers, e1!1ployees and age.~ts. Permittee waives
any and all rights to any tyP€ of express or implied
indemnity against Permittor, its directors, officers,
employees or agents. The term ~Pernittorn as used here and
in Section ]6 below includes, in addition to Permittor, the
City and county of San Frar.cisco, the CDunty of San Ma:teo,
the County of Santa clara and the San Mateo County Transit
District, the National Railrcad passenger corporation
(Amtrak) and the successors and assigns of any of them.
This indemnity shall survive terminatio~ of this Permit.
Any person, firrr. or corporation Permittee authorizes to 'liork
upon the Premises, including Contractor Or' S1.!hcontractor,
shall be deemed to be PermitteE'S agent and shall be subject
to all the applicable terms of this Per!l1it. Prior to entry
upon the premises, Co~~ractor shall provide Permittor ~itt
satisfactory evidence, in the for:rn of a Certificate of
Insuranc~, that all cuntractors who obtain access to the
Premises pursuant to this Permit are insured in aGcordance
wi tn. t.he following, .. rl1ich insurance shall remain in effect
throughout the term of this Permit:
a. 1'l....!2J':_Is_~r~!_ Compensation an~ -'&ffipJoyers' Li?.bility
Ins~~~c~. Contractor shall procure and maintain Workers'
Compensation Insurance and Employers' Liability Insurance in
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Accordance with the laws of the State of California.
Employers' Liability Insurance shall have coverag'e for a
minimum liability of One Million Dollars ($l,OOG,OOO.OO)
covering Contr~ctor's employees engaged in the ~ork.
Penni ttee shall insure the procurement and !!',aintenance of
such insuranc~ by all contractors or subcontractors er~aqed
en the 'Work.
Prior to cozr.roencement of any w"ork hereu:"1der, Contractor
shall deliver to Permittor a Certificate of Insurance which
shall stipulate that 30 days advance w'ritt€n notice of
cancellation or non-renewal shall be given to Permittar.
b. Liability Insura::''tce~ Contractor shall also
procure and maintain the following kinds of insurance, which
shall include as adui tional if1_sureds the Peninsula Corridor
Joint Powers Board, the City and County of San Francisco,
the Sa.,ta Clara county Transit District, the San Mateo
County Transit District, the Naticnal Railroad passenger
Corporation ("Amtrak") and their respective direct.ors,
officers, employees and agents ~hile acting in such
capacity. and their successors or assignees, as they now or
as they may hereafter be constit\';'ted, singly, jointly or
severally:
(1.) Commercial General Liability insurance providing
bodily injury and property damage coverage ~ith a
combined single limit of at least $5,000,000 each
occurrence or claim and a general aggregate limit of at
least $5,000,000. This insurance shall pr~vide
contractual liability covering the indemnity provisions
contained in this Agreement; explosion, collapse) and
underground coverage; products and completed
operations; and broad form property damage.
(2) Automobile Liability insura.nce providing bodily
injury and property damage ~ith a combined single limit
of at least $2,000,000 each occurrence or claim. This
insurance shall provide contractual liabiliLy covering
all motor vehicles including owned) non-owned and hired
vehicles and mobile equipment to the extent it may be
excluded from general liability insurance, severability
of interests.
(3) Railroad Protective: Liability insurance naming JPB
and its member agencies, and any railroad operatinq
over its tracks as r.a~ed insureds with a combined
single limit of $5,000,000 per occurrence with a
$10,000,000 aggregate. The policy form shall include a
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broad form coverage to!:'" "Physical Damage to Property, II
and include pollution arising out of fUQls and
lubricants brouyht to the jcb site.
Prier to entering onto the Property, Contractor shall file a
Certificate(s) of Insurance with t.he Assistant to the
Executive Director of the JPB evidencing the required
coverage and endorsement(s) and upon request, a certified
duplicate original of any of those poli=ies. Said
Certi~icaters) shall stipulate:
(1) The insurance company (les) issuing SUCil
policy(ies) shall give ~ritten notice to the Assistant to
th~ Executive Director of the JP6 of any materi~l
alteration, or reduction in aggregate limits, if such limits
apply, and provide at least thirt:,' (30) days' notice of
cancellation.
'2) That the policy (ies) is Primary In;;;urance and
the insurance company(ies) providing such policy(ies) shall
be liable thereunder tor the full amc:;unt of any loss or
claim which Permittee or Contractor is liable for under
Sections 15 and 16, up to and including the total limit of
liability, ..... ithout right o( c:Jntribution from any other
insurance effected or .... ·hich may be effecte-d b:t the Peninsula
Corridor Joint Powers Board~ t.he City and County of San
Francisco, the Santa Clara CO·.lnty Transit District and the
San Mateo County 'fransit DistTict and the National Railroad
Passenger corporation ("Amtrak").
{J) The policy shall also stipulate: rncl~slon
of the Peninsula corridor Joint Powers Beard j the City and
County of San Francisco, the santa Clara county Transit
Distr-ict, the San Mateo county Transit District, and the
National Railroad Passenger Cot"poration ("An1trak n ) as
additional insureds shall not in any way affect its rights
either as respects any claim, demand, suit or judgment made,
brought or recovered against the Contractor. Said policy
sl'~all protect Contractor and the Peninsula Corridor Joint
Po'Wers-8oard, the City arid County of San Francisco, the
Santa Clara county Transit District, the San Mateo County
Transit District, end the National Railroad passengez
Corporation e'Amtraklt) in the s.arr,e manner as though a
separate policy had been issued to each j but nothing in said
policy shall operate to increase the insurance co~pany's
liability as set forth in its policy beyond the amount or
amounts shown or to 'Which t:t"!e insurance cO.(;1par,y "'·ould havQ
been liable if or.ly one interest had been named as an
insured.
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The insurance policy(ie'.s) shall b~ \Io'ritten by an insurance
company or companies with an A.M. Best rating of .-\--10 or
better. such insurance compa"':1y shall be authorized to
transact business in the state of California.
contractor shall also furnish to Permittor w'ithout expense
to pe.n:tittor, a reliable surety bond in the amount of 100%
of the construction co.r.tract a"'arded by Permittee and in a
form reasonably sa.tis:factory to Permittor guarantaeing the
faithful performance of all terms,. covenants a.ld conditions
in this Permit.
16. Pelill.ittee shall cotlply, at PeronitteE'!:'s expense, ""ith all
applicable laws, regulations, rules and orders ~ith respect
to the use of the Premises, regardless of when they become
or bec:ame effective, including, 'lJithout limitation, those
relating to constr~ction, grading, signage, health, safety,
noise, environmental protection l hazardous materials, waste
disposal and ~ater and air quality, and f~rnish satisfactory
evi4ence of such compliance upon request of Pe~ittor.
Should any dischal·ge, leakage, spillage, emissio'1 or
pollution of any type occur upcn or from the Pre:t:lises due to
Permittee's use and occupancy tt~erecf, Permittee, at
permittee's expense, shall clean all affected property to
the satisfaction of Penni ttcr and any gO'lernmer.tal body
having jurisdiction.
Permittee shall indemnify, hold harmless and defend
permitto, against all liability, cost and expense
{including, without limitation, any fines, penalties,
judgments, litigation costs .. reasonable attorneys fees and
consulting, engineering and co~struction costs} incurred by
Permittor as a ~esult of Permittee's breach of this section
or as a res\.:.lt of a.:1Y slich discbarge, leakage, spillage,
emission or pollution bj' Permitte€', regardless of ..... het1"lsr
such liability, cost or expense arises during or attar the
term of this Permit.
17. Any person, firm or corporation Permittee authorizes to ~ork
upon the Premises shall be deemed to be Permittee's :::I_gent
and shall be subject to all the applicable terms hereof,
including Contra~tor and Subcontractor(s).
18. In addition to notices required by Southern Pacific
Trans~rtation Company and all other agencies, Permittee is
hereby required to give ten (10) days' adva~c€ ~otice of the
date Permittee elects to enter upon the Premises. Said
56411.]
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notice shall be by telephone to Tom Davids at 415-508-·5425
and then confir:rned by sending a copy of Cont::-actor's notice
to pr~ceed to th€ undersigned at the above address.
Upon termination of this Permit~ Permittee, at its own
expense, shall rErl:ove from the Premises all property it O\ol:1S
or controls ~ith the exception of the structures and restore
thE remaining gro~nd terrain to a conditicn re5sonably
satisfactory to Per~ittor. upon Permittee's failure to do
this, Permittor, upon 48 hours prior notice to Permittee,
:may perform such ~·ork at Permittee's expense. Penlittor an.1
Permittee herEby agree that the Structur€s shall renain the
property of Permittee.
If any provisi'On of this Permit sha.ll be for any reason
unenforceable; in any respect, sucn unenforceabiiity shall
not affect the other provisions of this Permit.
If an:}" le.gal proceeding should be institut_€d by either of
the parties to enforce the terms of this Permit or to
detel.-mine the rights of the parties undo.:-this penni t, the
prevailing party in the proceeding shall receive, in
addition to all court costs, reasonable attorneysr fees.
Pen:aittee shall pay the Fermit application fee, ir"_ th-e
amount of $900, and any reasonable ccsts of inspection
and/or flagging of construction of the structures, which
costs Permittee agrees to p~y ~ithin 30 days of demand of
Permittor~ Permittor does not represent that such
inspection and/or flagging services ~ill be prcvided~ and
specifically disclaims any liability to Permittee,
Contractor, or any other part:;{ due to or resultir:g from the
failure of JPB to provide such senrices.
The issuance and effectiveness of this permit is conditioned
up::m the preseJ"l.tation of a satisfactory Certificat;e of
Insurance from the Contractor. ar.d upon satisfactor:{
arrangements being made for th~ p~cvision cf inspection
and/or flaggir.g services between Permittor and Permittee.
If Pernittee agrees to the foregoing ter-ms, please have
Permittee's authorized officer~ endorse Permittee's acceptance on
the attached copy of this letter and return to the undersigned~
If the endorsed copy is not received "'I!ithin thirty (30) days from
-8-
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thli!! date of this lettet'", this pe_rmit shall a~tornatically
terminate.
v~ry truly you~s,
GEP.ALO T. HAUGH
Executive Director
Peninsula Corridor Joint
Powers Board
Approved as to form:
Attorney
AGREED TO AND ACCEPTED T3 I S
___ day of
Permit-tee
By:
Name~ ________________ __
'Title;
By:=-___________________ ___
Name: ______ __
Title:
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CON1RACT
ThiS Con'ttact. dated __ ... ______ , is entered into by and betweerl the City !.Ii
Palo Arto,.a municipal cOrj:loratiCin Df the State of California (~Cjty"), and ~dy Pil'ving Inc.
& California CornorjUipn , (-ContractOf'"). whose TB)(payer Identification Number is
94·'4936~2
.C or i!ld in c'On.s:idera:ion of the forlow;ng cover.aons, terms and conditions, City and Contractor
,'"the ~rtie$·! agree:
1. Term. This Conuact shatl commence on. and ~ t>indinl2 on the partias on, the Date (;f
EII:Elc\JtfOll of this Contract. and shall e)(plre on lhe date of recordat;on of the Notics of
Substantiai Compret~n. Of, if no such no lice IS required to be filed, on the date that final
payrl'16nl is made hereunder, subject to Ihe earfier termination of this COn!raC1.
2. Gener,l $cope of Prolect and \~"'ork. Contractor sha!1 furnish labor, services, materials and
equipment in connecti('>n with the constructi~n of the Project and compj"ete the Work in
accordance with the CO'lenantS, terms and conditions of this Contract to the satisfaction of
City. The Project and Work is gener.;;ny described as follows:
Tide: Alma Street ~ast,!'W'es! Cnarleston Roa.d Improvements CIP 1 ;!QL7~3,-_____ _
Baose Bid: $ 225 429
Add Alternates (if ~ny); $ _____ _
3. Convact Documems. This Contr act 5half consist of the documenlZ set forth befow, which are
on file with the City Clerk al"!d are hereby incorporated by referer,c9. For the purposes of
.eonst"IJing, ;nterp(eti.-,g and resol ... in~ inconsistencies between the provisions of this Contract,
these documents and the provisions thereof are set forth in the fanowin" descendin~ order of
precederoce.
~. This Contract.
b. Notice lnviting Forma! Bids.
c. ConiJact Specifications.
d. Df"awiI"lQs.
e. Change Orders.
f. Sid.
g. Supplementary Conditions.
h. General Conditi-ons.
i. Standard Drawings and Specifications \1 972).
j. Certificate of Insurance, Performance Bond and L;;,bor arod Materials Bond.
k. Affirmati ... e Action Gufd"efines and Compliance Report.
I. Other Specificati>Jn~, or part thereof, not e)(press.ly incorpo'aied in the Contract
$pecificatiofls or the Standard Drawings. and Specifications (19721-
m. Ally other document not 8)(j;ltessly mentioned herein which is issued by City Of entered
into by the parties.
City of Plio Atlo: CO'fntACT P!9ll
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4.
COr..TRACT (Contin.~edl
CQmQansation. In cor.siderat5M of Cor"llfactor's pErformance ot its obl'lQations hereunder, City
shall pay to Contractor the amount set rwth in Contractor's Bid in aCCr)rdance with the
provi.s.ions of this Contract jmd upon the receipt of w~itten invoicc-s and ail f'ece~s;"f")'
supporting' documentation 'within tt-:e tinle set forth In the Contract S~1)cifications lind tI1t:: 1972-
Standard Dra.v1ngs and Specifications, or, if no time is stated, within thirty (30) Day:. or the
date of r!'ceipt of Contractor's invoices,
5. !m-~. On or before the Date of fxecl.ltioo, Cormactcr shail obtain and maiMair, the
policies of insurance cove(a)le described in the Notic~ Invrtif1Q Formaj Bids on tErI"l'lS and
c?Mftions and in amuunts as may be required b'r' the Risk Man~ger. City :shali not be obligated
te take out inSurance en Contfactor's persor.al property o( the personal property of allY pen.on
performing labor or 6Ervices or supplyin';! m2'terJ2'ls or equipment under the ProjeCT. Contract:o(
shan furnish City with t"e certificates of insurance and with original endorsements affectirlQ
co .... erage re~uired u,-,der this Contract on or before the Date of E;:o:ecu1:ion, The cer-tifica{es and
endorsements for each insurance policy sh<tn be srQned by a person who is 2Llthori2ed by '{t-:at
insurer to bind cO'Jera\;je on Its behalf, Froof of inS'Jrance shall be meile-d to the Froject
Manager to the address set forth in Sectior< ~ 5 of tnis Contract,
S. Indemniiication. (:cntractor agrees 10 protect, defend, ind"mni'y af1C hold Crty, its CiW Ccunci:
members, officers, and employees harmless from and aQainst any and ail claims, demands,
liabilities, tosses, damages, costs, expens.es, liens, pen:;hies, suits, o( judgments, 3rising in
whole or in part, direci:ly or ir.-::f!Joctiy, at any time from any injury to or death of persons or
damage to proptJrty as a result of tne ..... i!lful or ne~I;Qer1t act or omission of ContfactDr, or
wrlich res\Jlts from Contractor's noncompliance with any Law re-!;.pectinll the conditfon, use,
occupation or safety or the Project site, or any part thereOf, or which ariSES from Contractor's
failure to do anything required under tf'llS Contrect or fm doin~ anythina which Contractor is
r~ui(&d root to do ~f1der this Contract, or which arises from conduct for w!!ich any law
imposes strict liabiliw on Contractor in the performance of or failure to perform the terms and
conditkms c-t thiS Cor.tract, except 35 may arise from the sole willful or neQligeM act c.r
omis.sion of City or an,,· of its City Councii members, officers, or emp\cyees. This
indemnification shan e):tend to Cioy and all claims, demands, or !lens made or filed by reCison
of .. my construction, renovation, or remodelinQ Work performed by Conuactor under this
"Contract at any time during the term of this Convact. or arising tl'lereafter.
7. Assumptio[l of Risk. Contractor agrees to 'oIoluntarily assume any and all rls'.c. of loss, damaQe,
or injury to the property of Contractor which may occur in. on, or abo""1 the Projsct si!!:! at al"1y
time and in ar.y maf1r\€r, excepting s.uci"llo~s, injury, Of damage i'S may be caused bl{ th£ so1e
willful or negligent act or omission {If Clty or any 0' its CjtY Courr:iJ me~be~s, officers, or
employees.
8. Wa'il,ler. ihe acceptar'lce of any payment or performance, or any part thereof, shall not operate
as a w.ililer by City of its r1~hts under this Convact. A waiver by City of any breact1 of any
part or provision of this Contract by Contractor shall not operate as a waiver or c'Ontinuing
waililer of an, subsequent bre;a.ch of the same or any other provi'iion, nor shall any cLlstom or
practice which may arise betweel"l the parties in the aamil1istration or any part or provision of
this Comraet be construed to waiVE or to lessen the right of Cny to insist upon the
performance of Cont( .. ctor in strict complianc'O! with Lie co.'enants, terms .and conditi-ons of
It-.is Contract.
9. Compliance with Laws Contractor shall comply witt1 all Laws now ;n force or which may
hereafter be in force pertaining 10 the Project and Wl;lrk and this Contract, w:th the requirtment
of any bond or fire underwriters or other similar body now or hereaher constituted, with any
discrationary r.cense or ~9rmrt iS6LJed pursuant to any Law of any public agency or official .as
well as with an'll prOVision of all recordet:l documents affecting the Project site, insorar.as an'll
are (IiQuired by reason of the use or occup.ancy of the Project Site, and with all Laws JJertainin~
10 nondiscrimination and .affirmatil,le action jn emp:oymer:t and hazardous materials.
L
10
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o CONTRACT ,Continw;dl
~. As a conaiticn preC1tdent 1.0 Ciry's obli"nlon to Day ecmpen:oaticn to Contractor, and
on Of befote the D.te of Ex~clJtion, Contractor shan furilis:h t!le Bo.-,ds as reQui:e~ u!"Ioer the
Nctl:::a Inviting Fcrmal t!ids to the Pr;)jcct Manalie r ,
11. Rtp3sentations and Warrant;es. In me supply of any materials ar-d eQuiDment and the
r.andering of labcl' and services during: ttle course and sco~ 0' the Project and Work,
COlltractor reDreseM ts and wa rrOints:
.a. Any materisls and equipment which shall be used durin:il tha course and scope. ot the
Project illil'1d Work shalt be ... ested in Contractor;
b. Any materials and e~uip""ent which shan be used durinQ the course <lnd scope of tMe
Project and Work ~h~1I be merchantable and fit to be used fool" the particular pUfposa
for which '!he materiafs are reQuired:
c. Any I.bor and ser ... ices rendered and materials and equ;pment used or employed during
the course and scope of the Project and Work shari be free of defects in workmanship
fo( a period of one (1) year after the recordation of the Not'lce of SubstantiaT
Completio.'1, or, if 1"10 such not~ce is required to be fiied, on ttle date that final payment
is made hereunder;
d. Any manlJfacturer's warranty obtained by Cormactcr s:"laH be obtained or ~hall be
deemed obtair.ed by Corrtractor for a.,d on I:ehaif of City.
8, Any information submjtted bv ContraCTor prior to the aw;a;rd of Contlact. (lr thereafter,
upon requlP,st, whether or r10t submJt!ed under a continuing obiigalion bv the terms of
the Contract 10 do so, is true and correct at the time such information is stlbmined or
made avaiiabie to the City; .
f. Cootr.a;ctflf has not col1uoded. conspired, or a4jireed, directly or m~fectly. with any
person in regard to the terms and concfiticr.s of Ccnttactm's Bid, eXCeD[ ;s may be
permined by the Not~ce Inviting Forma! Bids;
g. ConuactOl" has the power and authority to enter into this Cont.act with City. that the
ir,di .... idual execLOting this Contract is duly iiuthori.t:ed to do so by appropriate resolution,
and that this Contract shall be executed, delj .... er~d and performed pursuant 10 the
powEr and 4Iu'i:horitv conferrEd upc., the person or Derso~S 3uthcrized to bind
C"ntractc.";
h. Contractor has not macJe an attempt to e)l;en undue influence with the PurcMasing
Manager or Project Manager or an', Clther person who has directly contributed to Cit'y's
dec·ls·ion to award the CIJ~tracl to Contrac!or;
i. There are no \Jnresolved cfaims or disputes between Contractor and CiW which wOl.!ld
material:v affect Comractor's abili1"t f{l perform und(lr the Comract;
j. Contractor has fumished and will furnish true :;!nC" accurate statements, records,
re~orts, resolution5, cernficiltions, and other written !nform .. ·.ion as may be requested
of Contractor by CitY from time to time during the term of !his Contract;
!c.. Contractor and any person performing labor and serl,lices under this Project is duly
rlcensed: as 8 contractor with the State of CaHfornia as required by California Bus'lness
& Professions Code Section 7028, as amended; and
!. Contractor tlas fun', examined and inspected the Project s~t€: and has iun knowled"Qe
of the physical conditions of the Project site.
Cit>, Qf P.-Io .l,1!c: COo'OTRACT (119:21 PlOD :3
.. {~',~i"r~'!"i'·.~c'.". ijI. It. _1Ir:llill1i1i; •. I'!Lb!O~"· .. '.I-,.· ... '~---.-.~-~." ......
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13.
14.
, 5.
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..... ..-. CONTRACT (Contin'J&d1
A§!IiignmOI"l_t This Contract ilnd tha performance required hereunder is personal to Contractor,
and it shall not be assigned by Contractor, Any attempted assignment shalT be nun 8"d void.
Clajm$ of Contr8ctor. All claimii ~ertain;f1g ro 8lCtra work, additionai charges, or delay." within
the Contract Time Of other dis~ute.s arising out of the CMtracl shall be .submit:9d by
ContrilctQf to Ciry in writing by certified or registered mail witt'lin ten (101 Days aftur the claim
arOH or ... .I~jr. such ottler t~:Tle as. may be perm.:ned or reQuired toy law, and ~hatl ~ described
in sl1fficient detail to ':Jive adequate notice of the $ubste;r.ce of the claim to City,
Awft!$ b\l City_ Durin!;! the t~rm of this Contract and for a period of not less than three 13)
year!'; after the expiration or earller tsrmination of this Contract, City shall have thfl right to
audit Contractors ,n,oject-related and Work-related writing:>. and busir.ess records, as such
t.erms ate defined in Califomia Evidence C-ode Section.s 250 and 1271, .;s amended, d'.Jring the
regurar businesa hours of Contractor, or, if Contractor has no such howrs, during the rBlluiar
~e6S hours of CitY.
~. An agreem&nts, appointments, apprOVOIrS, aut~orizations, daims, demanos. Change
Orders, conliiems. deSignations, notk:e&, offers, reQ:uests and statsments given bv either party
10 the other shar! be in writing and shall be sufficientl..,' given and sen(ed ufjOn the other party
if (1) per:s.onally serv1M1. ~2) sent by the United Stat~ mail, post.Al;je prepaid, l31 sent by j>rivate
express delivery service, Of (4) :n the case 01 a facsimile transmission. jf sent to the telephone
FAX number set for.:h below during ,,~ular business hours of the receiving party and followed
within two (2) Days by delille,), of Oil hard copy of the material sent by facsimile tr3nsmission,
in atcorda1ice with I1L 121 or (3) above. Personal service shalT indude, without 'imitation,
serYice b,;, delivery and service bv facsimile tran .. mission.
To City:
Copy to:
To Contractor:
City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10200
Palo Alto. CA 94303
City of Palo Alto
Department of Public Works/Engineering Division
250 Hamilton Avenue
P.O. Box 10250
Palo Afto. CA 94303
14151 329-2636
FAX: 141 5) 329-2299
ATTN: Pat Stone. Project Manager
O'Grady Paving. Inc.
2013 Wyandott~ Street
Mountain View. CA 94043
1415) 966-1926
FAX; 1415) 966-1946
AnN: Craig E. Young, VICe President
City t}f Palo AJto: CONTRACT n I~l) Page 4
i, I
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o CONTRACT rCol"t:inued~
16. ApprpC!@tism of Citi Funds. Thi5 Ccntr.ct 1$ subject to the fiscal piov;sions (If Anjde III,
St)ctk)n 12 of the CharU,r Df the City of Palo Alto. A .... ·, e-t'1arij'es h.,.reunder for !il-bor, services,
materials and equipmem may ac,.:(ue only ilfter su.ch eA~nditures !'lave-been appru/ed in
advance in writ;n~ in accordance wilh a~plicable Laws Hus CC1nvact 5110111 te~ml~ate wittl.out
penalty Ii) iilt the end of any fis.cal y~at in thi! event that funo:oi are not appropriated fO{" Itoe
following fiscal yeir. or Iii) iilt ar,v time with:n iii fiscal yea~ in ~he event th.1t func!s are Clnly
appropriated for .. portion of thP. fi5cal year and funds for this Contract ar'! no lonaer ihlaJ1able.
This Section 16 shall controf in tne event of a conf!ict with any other provision of Jlis
COPluact.
17. Miscenanenlls.
a. Bailee Discfaimer. Tne parties unJerstand and ~~r:3'e th:Jl City does not plJfp<Jrt to be
Contractor's bailee. and City is. L'"'arefore. not responsible for any dama;e to the
personaf property ~f Contra Ctor.
b. Consent. Wherlever in this Contract the approval Of consent of a party is (equjr~d,
such appro\lal or consent sha!t ~ in writing and shalt be executed by iI person ha\lin~
the e}(preS;$ aut!,ority t(l gran.t sue-r. approval or consent.
c. Controllin~ law. The pan:;es agree t!',at tl":s Convact s~.afi be governed anj construed
by and in accordance with t~e Laws of the St.ne of California.
d. ~fin;tions. The d'~finitiOilS and terms set forth in Seniol"l 1 of the Standard Drawings
and Specifications (j 9721 of this Contract are incorporated herein by reference.
e. Force MajelJre. Neither party shan be dsemed to be in defau't on account of eny dElle)'
or fai!tHe to perform its obliQ'ations under this Contract which directly results from an
Act of God or an act t)t iii superior governmental allthoritY.
f. Headings. The paragraph headinQs are not" pert cf t~is C~ntract and shan ha"'e ~o
effect upon the construction Of interpretation of ;o.:ny part of this Con~nct.
g. Incorporation of Documents. All documentS constitu:ing the Contract documents
described in Section 3 hereof and an document~ which may. from time 00 (Ime, be
~f!fetred to in any diJly i!xecuted amendment hereto a~e by SlJch reference incorpo;ate<j
tn this Contract and shan be deemed to be part of this Contract.
1'1. Ir,!egration. This ContrilC't and ,my amendmerts nereto between the partres constftute
the entire a~reement between t'1! parties concernllig the Prolett and W'Jrk,. and there
are no other prior o!al or written aiijreemems between the pan.ie.s. that are not
incorporated in this Contract.
i. Modlfica~ion of AQreernent. This Col1trac~ shall not be mod'fjed or Oil binding upon the
parties, unless such modification is agreed to In writin~ and signed by thf! .parties.
j. Provision. Any agreement, co .... enant, condition, claus.!, Qualification, restriction,
reservation, term or other stipufation in the Cemua:;:t shall define or olherwis-e control,
establish, or ~mi!: the performance required or permitted Of to be reCjuired of or
permitted by either party. All provisions, whether COVe:1ants Of conditions, shajl b-e
deemed 10 be bom covenaf'lts and condItions,
k. Resolution. ContractOf shari submit with its Bid a copy of any corponHe or partnership
resolution Of other writing, which aU1horizes any director, officer or other emplovee or
partner to act for or en behillf of Contractof Of which iluthoriZ9S Contractor to enter
into this Contract,
City 0' "oil., Aile: CO,..TRACT iI :'921
_E F -II
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CONTRACT jCorltinued)
I, Se .... erabi:ity. [f a court of com::ete""t jurisdicti~n finds ~r rules ~hat any ,p(ovision of this
Contr .. ct is void or unenfo,ceable, the pro\lisior.s Of thiS Cantr.c! not.so ~ffected shaH
remain in full force ar,d e;<t6ct,
m. Status 0'1 Comracto(. in the e>:en;;ise of rights an<l obllQations under this Contract.
Contractor acts as an indeJ=endan{ contractor and nat il:S an a~ant or employee of City.
Contractor shall nat be entit1ed to any tlQt:tS Ci~d benefits .accorded or accruinQ to the
City CouncN members, officers o( ernp:oyees of City. a;,d Camracwr express'y wai\les
any and an dairns to su-:h riijlhts OInc benefits,
n. S ... ccessors and Assigns The provisions of ttl,s Contract shl"1I inur~ to the Dtl"nefit of.
and si"'.aO apply to and b~nd, We successors and assig:ns ~f the parties.
~. Time of the Ess~nce. Time i5 o~ tho! essence of this Cormac't Ilnd cacl"", 01 its
pro .... isions. In the· calculation D' time hereunder, tnf" time in whic~ an act is to be
perfc.rmed shan be ccmputed by a;o:ch",di'l\j! ttle first Day and iflciudin, the 'OISt. If ttle
time in which 8n act is tc be performed falls on a Saturday, Sunday, or any Cay
observed ilS.iII le~ar holiday by City, t(l.e time far pericrrnance shall be extended to the
fonowing Business Doily.
p. Venue. IrJ the e· .. ·ent thai s.uit is Oiou:;;1ht by either p<'l!'1y hererJnder, the partres agree
that trial ~f $uch aClion sr.aH be vested exclusive-Iy in the S!-'lle couns of Carifornia in
the County of Santa Clara ill the City of San JOs.s or in the United States District Court
for the Northern District of California irJ the O(y of Sa~ Jose.
IN WITNESS WHEREOF, the parties ha .... e executed this ContfCict en the date first aoove stated
in Palo Alto, California,
CITY OF PALO A!...TO, CALIFORNIA
B,...:
Cit,. CJ.erk Mayor
APPROVED: CONTRACTOR
City M;:mager
OirectDf of Pubiic Works Title: ___________ _
Ditector of Finance Tupayer LD. No, 94-1493~, __
Risk Manager
APPROVED AS TO FORM:
-A-S-$ls-,-a-n-'-C-·'ty---;A~"~a-'~n~.-y-------_ .. _--
C"1f'/' of Palo Alte: CONTRACT [1/92~
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