HomeMy WebLinkAboutStaff Report 360-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: SEPTEMBER 14, 2009 CMR:360:09
REPORT TYPE: CONSENT
SUBJECT: Approval of a Contract With Valley Slurry Seal Company in an
Amount of $376,261 for the 2009 Street Maintenance Program Slurry
Seal Capital Improvement Program Project PE-86070
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the City Manager or his designee to execute the attached contract
with Valley Slurry Seal Company (Attachment A) in an amount not to exceed $376,261
for the 2009 Street Maintenance Program Slurry Seal Capital Improvement Program
(CIP) Project PE-86070; and
2. Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Valley Slurry Seal Company for related, additional but
unforeseen work that may develop during the project, the total value of which shall not
exceed $37,626.
BACKGROUND
Public Works Engineering manages the annual resurfacing and reconstruction of various City
streets. The candidate streets are biannually surveyed by staff, rated by a computerized
pavement maintenance management system (PMMS) and certified by the Metropolitan
Transportation Commission (MTC). This computerized software assists Public Works
Engineering staff in prioritizing the maintenance of the City of Palo Alto's pavement
infrastructure and developing cost-effective treatment strategies and schedules. The PMMS is a
successful planning tool that ensures the City of Palo Alto is maximizing the benefit of
improving the overall infrastructure within current budget availability and by utilizing cost
effective methods of preventive maintenance, while reconstructing older and deteriorated streets
with new asphalt overlays.
As a cost saving measure, staff has implemented a multi-phased approach to avoid the typical
15% mark-up on concrete and preventative maintenance work previously included in asphalt
resurfacing contracts. Whereas before the three types of work were included in one contract,
staff now prepares separate contracts for three types of street maintenance as part of the annual
street maintenance program. These contracts cover work on:
CMR:360:09 Page lof4
• concrete streets
• asphalt overlays
• slurry and cape seals (preventative maintenance)
DISCUSSION
The annual street maintenance projects typically encompass approximately eight lane miles of
asphalt concrete paving and eight lane miles of slurry sealing, with a program budget of
approximately $1.8 million for all project phases. This year, the street maintenance program
includes a concrete preparation project, the annual overlay resurfacing project, a Federally
funded stimulus overlay project and this slurry seal project for a total investment of $3,432,482.
This will fund resurfacing of approximately 40.3 total lane miles of streets which is 9% of all
Palo Alto roads. The difference between the local funding and the total project cost is made up
of contributions from State Proposition 1B, gas tax funds to local governments, and Federal
American Reinvestment and Recovery Act (ARRA) stimulus dollars. The slurry seal project will
utilize funding from State Proposition lB. The cost savings from running independent projects
and use of this additional State funding will allow staff to increase preventative maintenance
efforts and address additional backlog streets as recommended in the Audit of Street
Maintenance report (dated March 2006). For this project, all road repairs that needed to take
place before the slurry seal will be performed as part of the asphalt overlay contract. This
method saves money both by avoiding a subcontractor markup for the slurry seal contractor and
also by using the economy of scale by combining these repairs with the high volume of asphalt
repair work already included in the overlay contract.
Scope of Work
The Street Maintenance Program Slurry Seal Project will slurry seal 26.3 lane miles of City
streets which equates to 5.7% of the total 463 pavement lane miles in all of the City of Palo Alto.
See Attachments B and C for the list and map of the 123 blocks included in this preventative
maintenance contract. A slurry seal is the application of a thin layer of asphalt emulsion
combined with fine crushed aggregate spread on the surface of a road. It usually requires five to
six hours of roadway closure to cure but extends the life of a roadway approximately another 5-
10 years. In addition to slurry seal application, this project includes related work such as tree
trimming, crack sealing, replacement lane striping, and replacement crosswalk striping.
Project Coordination
Staff from the Public Works and the Utilities Departments continue to meet monthly to
coordinate projects city-wide. Streets planned for resurfacing are either postponed due to
planned utility projects or utility projects are accelerated as a result of obtaining federaVstate
funding for resurfacing. Staff has made it a priority to ensure newly paved streets are not
trenched unless there is a private development project and/or emergency work which could not
be scheduled in advance of street paving.
The preventative maintenance project is typically awarded in July after the annual budget is .
adopted by Council. However, this year, due to local jurisdictions potentially losing gas tax
funding during the State budget negotiations, staff delayed release of the project bid package
until the State budget was adopted to ensure sufficient revenue was available to fund the project.
CMR:360:09 Page 2 of4
Bid Process
A notice inviting formal bids for the 2009 Street Maintenance Program Slurry Seal project was
posted at City Hall, on the City website, and sent to 11 builders' exchanges and 10 potential
bidders on July 9, 2009. The bidding period was 26 days. Bids were received from three (3)
qualified contractors on August 4,2009 as listed on the attached bid summary (Attachment D).
Bids ranged from a total low bid of $376,261 to a high of $485,080.
The low bid is 18% percent under the engineer's estimate of $458,670. The additional funding
that was identified for this contract but was ultimately not needed due to the low bids will be
used on other street maintenance program priorities this year. The engineer's estimate was based
on reduced slurry seal and striping costs and came in between the amount of the second and third
lowest bidders. The estimate took in account that the current recession has driven down
construction costs including the cost of slurry seal. Staff will continue monitoring bid prices and
adjust future estimates accordingly. See a summary ofthe bid process in the table below.
ummarvo 1 rocess S fB'dP
Bid NamelNumber 2009 Street Maintenance Program Slurry Seal Project
IFB #132251
Proposed Length of Project 60 calendar days
Number of Bid Packages Mailed to 10 Contractors
Number of Bid Packages Mailed to 11 Builder's Exchanges
Total Days to Respond to Bid 26
Pre-Bid Meeting? No
Number of Company Attendees at N/A
Pre-Bid Meeting
Number of Bids Received: 3
Bid Price Range (including all 2 Low bid $376,261 to a high of $485,080
alternates)
Staff recommends that the bid in the amount of $376,261 submitted by Valley Slurry Seal
Company be accepted and that Valley Slurry Seal Company be declared the lowest responsible
bidder, The change order amount of $37,626 (which equals 10% of the total contract) is
requested to resolve unforeseen problems and/or conflicts that may arise during the construction
period, Staff checked references supplied by the contractor for previous work performed and
found no significant complaints. Staff also checked with the Contractor's State License Board
and found that the contractor has an active license on file,
RESOURCE IMPACT
Funds for this project are included in the FY 2010 Capital Improvement Program Project Street
Maintenance, PE-86070. This phase, preventative maintenance totaling $376,261, is specifically
funded by the Proposition 1 B dollars with the remaining funding available for a subsequent
phase. In FY 2009, the Street Maintenance Program received $930,856 from State Proposition
1 B. In FY 201 0, the City expects to receive $1.2M from the American Reinvestment and
Recovery Act (ARRA) which will be used to resurface San Antonio Avenue and North San
CMR:360:09 Page 3 of4
Antonio Avenue from Middlefield Road to Alma Street, Lytton Avenue from Florence Street to
Guinda Street, and Guinda Street from Lytton Avenue to University Avenue.
Due to the size of the annual street maintenance project, City staffing levels are not adequate to
accomplish the construction work in-house. In addition, staff believes that it is cost effective to
have the work performed by outside contractors.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
This project has been determined to be categorically exempt from review under the California
Environmental Quality Act (CEQA) as repair and maintenance of existing streets and similar
facilities pursuant to CEQA Guidelines, Section 15301 (c).
ATTACHMENTS
Attachment A: Contract
Attachment B: List of Streets
Attachment C: Project Map
Attachment D: Bid Summary
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
CMR:360:09
MATT BRUNNINGS
L,/1LA---
GLENN S. ROBERTS
Director of Public Works
Page 4 of4
FORMAL CONTRACT
CONTRACT No. C10132251
(PubliC Work)
Public Works Department
ATTACHMENT A
SECTION 500
This Contract, number C10132251 dated _---,-_____ is entered into by and between the City of Palo Alto, a
California Charter City ("City"), and Valley Slurry Seal Company ("Contractor").
For and in consideration of the covenants, terms, and conditions (*the provisions*) of this Contract, City and Contractor
(tithe partie~tI) agree:
1. 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.
2. 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: 2009 Street Maintenance Program; Slurry Seal Project, Invitation for Bids (IFB)
Number 132251.
Bid: $376,261.48 (Three hundred seventy-six thousand two hundred sixty-one and 48/100)
3. Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the
City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving
inconsistencies between and among the provisions of this Contract, these documents and the provisions
thereof are set forth in the following descending order of precedence.
a. This Contract.
b. Invitation for Bid.
c. Project Specifications.
d. Drawings.
e. Change Orders.
f. Bid.
g. Supplementary Conditions.
h. General Conditions.
I. City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (most current version).
j. Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
k. Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications (most current version).
I. Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
4. 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 City of Palo Alto, Dept. of Public Works Standard Drawings and Specifications
(most current version), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor's
invoices.
5.' Insurance. On or before the Date of Execution, Contractor shall obtain and mailltain 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. 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
CITY OF PALO ALTO CONTRACT C10132251 PAGE 1 OF7
rev. 12100
FORMAL CONTRACT SECTION 500
behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 16 of this
Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers,
employees, agents and representatives harmless from and against any and all claims, demands, liabilities,
losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or
indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts
or the negligent acts or omissions of Contractor, or which results from Contractor's noncompliance with any Law
respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from
Contractor's failure to do anything required under this Contract or for doing anything which Contractor is
required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability
on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise
from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers,
employees, agents or representatives. This indemnification shall extend to any and 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. :n9601-6975,
as amended); the Resource Conservation and Recovery Act (42 U.S.C. 336901-6992k, as amended); the Toxic
Substances Control Act (15 U.S.C. 332601-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, 3325300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, 3325100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, 3325249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, 3325280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law.
7. 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 sale willful act or negligent act or omission of
City or any of its Council members, officers, employees, agents or representatives.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by
City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by
Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any
other provision, nor shall any custom or practice which may arise between the parties in the administration of
any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the
performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. No Exoneration By Inspection: The City has the right, 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 documents affecting the Project
site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws
pertaining to nondiscrimination in employment and hazardous materials.
11. Bonds. As a condition precedent to City's 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.
CITY OF PALO ALTO CONTRACT C10132251 PAGE 2 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
12. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and
services during the course and scope of the Project and Work, Contractor represents and warrants:
a. Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
b. 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;
c. 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;
d. Any manufacturer's warranty obtained by Contractor shall be obtained or shall be deemed obtained by
Contractor for and in behalf of City.
e. 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;
f. 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;
g. 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;
h. 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;
I. There are no unresolved claims or disputes between Contractor and City which would materially affect
Contractor's ability to perform under the Contract;
j. 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;
k. 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
I. Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
13. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not
be assigned by Contractor. Any attempted assignment shall be null and void.
14. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time
or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or
registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or
required by law, and shall be described insufficient detail to give adequate notice of the substance of the claim
to City.
15. Audits by City. During the term of this Contract and for a period of not less than three (3) years after the
CITY OF PALO ALTO
rev. 12100
CONTRACT C10132251 PAGE 3 OF7
FORMAL CONTRACT SECTION 500
expiration or earlier termination of this Contract, City shall have the right to audit Contractor's Project-related
and Work-related writings and business records, as such terms are defined in California Evidence Code
Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no
such hours, during the regular business hours of City.
16. Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, 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:
Copy to:
To Contractor:
City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
City of Palo Alto
Public Works Department
Engineering Division
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Attn: Elizabeth Ames, Project Manager
Valley Slurry Seal Company
3785 Channel Drive
West Sacramento, CA 95691
Attn: Alan S. Berger
17. Appropriation 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 17 shall control in the event of a conflict with any other provision of this Contract.
18. Miscellaneous.
a. 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 or
consent shall be in writing and shall be executed by a person having the express authority to grant
such approval or consent.
c. Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
d. Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto, Dept. of Public
Works Standard Drawings and Specifications (most current version) of this Contract are incorporated
herein by reference.
CITY OF PALO ALTO
rev. 12100
CONTRACT C10132251 PAGE40F7
FORMAL CONTRACT SECTION 500
e. 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.
f. Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the
construction or interpretation of any part of this Contract.
g. 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.
h. Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral or
written agreements between the parties that are not incorporated in this Contract.
I. 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.
j. 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.
k. 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.
I. 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.
m. 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.
n. 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
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. Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising
out of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose,
California. The intent of the parties is that the mediation shall proceed in advance of litigation;
however, if any party should commence litigation before the conclusion of mediation, such litigation,
including discovery, shall be stayed pending completion of mediation, and by executing this Contract
the parties stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule
1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of
California, as such rules may be amended from time to time. The parties shall share the cost of the
mediation, including the mediator's fee, equally. Any written agreement reached in mediation shall be
enforceable pursuant to California Code of Civil Procedure § 664.6, as amended.
q. Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose,
CITY OF PALO ALTO
rev. 12100
CONTRACT C10132251 PAGES OF7
FORMAL CONTRACT SECTION 500
California. In the event that litigation is commenced by any party hereunder, the parties agree that
such action shall be vested exclusively in the state courts of California in the County of Santa Clara or
in the United States District Court for the Northern District of California.
r. Recovery of Costs. Each Party shall bear its own costs, including attorney's fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure
§ 664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable
costs, including attorney's fees, incurred subs.equent to conclusion of the mediation.
s. Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute
Resolution, Venue, and Recovery of Costs in any subcontracts or major material purchase
agreements which it enters into in connection with this Contract, and to require its subcontractors to
include those provisions in any sub-contracts or major material purchase agreements, such that any
mediation or litigation of any claim or dispute asserted by a subcontractor or major material supplier
will be consolidated with any related claim or dispute between the Contractor and the City. Should the
Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor
or material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract,
Contractor shall indemnify City for City's costs of defense, including reasonable attorney's fees.
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of
Palo Alto, County of Santa Clara, State of California on the date first stated above.
APPROVED AS TO FORM:
City Attorney
APPROVED:
Director of Public Works
CITY OF PALO ALTO
rev. 12/00
CITY OF PALO ALTO
City Manager
CONTRACTOR: VALLEY SLURRY SEAL COMPANY
8y: _________________ _
Name:, ___________________ _
Title: __________________ _
CONTRACT C10132251 PAGE 6 OF7
FORMAL CONTRACT SECTION 500
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code;:) 1189)
STATE OF ___________ 1
COUNTY OF __________ )
On ,before me, ______________ _
a notary public in and for said County, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature _________________ _
CITY OF PALO ALTO
rev. 12/00
CON"rRACT C10132251
(Seal)
PAGE70F7
STREET NAME
Ames Avenue
2 Ames Avenue
3 Ames Avenue
Avenue
Avenue
Ash Street
12 Avalon Court
13 Birch Street
14 Birch Street
Birch Street
venue
20 California Avenue
21 California Avenue
22 Chestnut Avenue
23 Chestnut Avenue
24 Clara Drive
25 Clara Drive
e
28 Clara Drive
29 Clara Drive
30 Clara Cul-de-Sac1
31 Clara Cul-de-Sac2
32 Coastland Drive
33 Colorado Avenue
34 Colorado Avenue
35 Cork Oak Way
36 Cowper Street
37 Cowper Street
38 Cowper Street
39 Cowper Street
40 Cowper Street
41 Cowper Street
ATTACHMENT B
2009 STREET MAINTENANCE PROGRAM
SLURRY SEAL PROJECT
LIST OF STREETS
SLURRY SEAL STREETS
BEGIN END
Middlefield Road Holly Oak Drive
Holly Oak Drive Cork Oak Way
Cork Oak Way Holly Oak Drive
Holly Oak Drive Ross Road
Louis Road Greer Road
Greer Road Tanland Drive
Tanland Drive Tanland Drive
Tanland Drive West Bayshore Road
Lambert Avenue Chestnut Avenue
Page Mill Road Pepper Avenue
Pepper Avenue Olive Avenue
Loma Verde Avenue End
College Street Barricades
Lambert Avenue Chestnut Avenue
Chestnut Avenue Avenue
Marshall Drive d
Colorado Avenue END
Amherst Street Bowdoin Street
Bowdoin Street Columbia Street
Columbia Street Dartmouth Street
Dartmouth Street Hanover Street
Ash Avenue Birch Street
Birch Street Park Blvd
ue d
e-Sac1
Sandra Place Colorado Avenue
Clara Drive End
Clara Drive End
Marion Avenue Marion Avenue
Cowper Street Byron Street
Byron Street Middlefield Road
Avenue nue
ressway nue
Marion Avenue Colorado Avenue
Colorado Avenue Colorado Avenue
Colorado Avenue EI Dorado Avenue
STREET NAME
42 ~owper Street
43 Cowper Street
44 Cowper Street
45 Desoto Drive
46 Elmdale Place
47 e
48 Fife Avenue
49 Fife Avenue
50 Flowers Lane
51 Gaspar Court
52 Holly Oak Way
53 Kipling Street
54 Lorna Verde Avenue
55 Lorna Verde Avenue
56 eAvenue
57 Lorna Verde Avenue
58 Lorna Verde Avenue
59 Lorna Verde Avenue
60 Lorna Verde Avenue
61 Lorna Verde Avenue
62 Lorna Verde Avenue
63 Lorna Verde Avenue
64 Lorna Verde Avenue
65 Mackall Way
66 Maddux Drive
67 Maddux Drive
68 Maddux Drive
69 Maddux Drive
70 Maddux Drive
71 Maddux Cul-de-Sac
72 Marion Avenue
73 Marion Avenue
74 Marion Avenue
75 Marion Avenue
76 Marion Avenue
77 Marion Avenue
78 Marion Place
79 Marshall Drive
80 Marshall Drive
81 Marshall Drive
82 Middlefield Road
ATTACHMENT B
2009 STREET MAINTENANCE PROGRAM
SLURRY SEAL PROJECT
LIST OF STREETS
SLURRY SEAL STREETS
BEGIN END
EI Dorado Avenue Gary Court
Gary Court Martinsen Court
Martinsen Court Lorna Verde Avenue
Channing Avenue
Moreno Avenue
EI Camino Real d
Boyce Avenue Avenue
Addison Avenue Avenue
Lorna Verde Avenue End
Colorado Avenue End
Ames Avenue Ames Avenue
Lorna Verde Avenue EI Verano
Alma Street Emerson Street
Emerson Street Ramona Street
Ramona Street Bryant Street
Bryant Street South Court
South Court Waverley Street
Waverley Street Kipling Street
Kipling Street Cowper Street
Cowper Street Mackall Way
Mackall Way Avalon Court
rt Flowers Lane
e Middlefield Road
Avenue End
ce Morris Drive
Morris Drive Greer Road
Greer Road Genevieve Court
Genevieve Court Maddux Cul-de-Sac
Maddux Cul-de-Sac Lorna Verde Avenue
Maddux Drive = Cowper Street
Tasso Street
Webster Street arion Place
Marion Place iddlefield Road
Middlefield Road oastland Drive
Coastland Drive Coastland Drive
Marion Avenue End
Ross Road Bruce Drive
Bruce Drive Moreno Avenue
Moreno Avenue Lpuis Road
Embarcadero Road Lowell Avenue
2
STREET NAME
83 Middlefield Road
84 Middlefield Road
85 Middlefield Road
86 Middlefield Road
87 Middlefield Road
88 Moreno Avenue
89 Moreno Avenue
90 Moreno Avenue
91 Moreno Avenue
92 Moreno Avenue
93 Moreno Avenue
94 Moreno Avenue
95 Moreno Avenue
96 Moreno Avenue
97 Murray Way
98 Newell Road
99 Newell Road
100 Newell Road
101 Newell Road
102 Olive Avenue
103 Olive Avenue
104 Park Boulevard
105 Park Boulevard
106 Park Boulevard
107 Park Boulevard
108 Park Boulevard
109 Park Boulevard
110 Park Boulevard
111 Pepper Avenue
112 Richardson Court
113 Saint Francis Drive
114 Sandra Place
115 Stanford Avenue
116 Stanford Avenue
117 Stanford Avenue
118 Stanford Avenue
119 Sutter Avenue
120 Sutter Avenue
121 Sutter Avenue
122 Tanland Drive
123 Wildwood lane
ATTACHMENT B
2009 STREET MAINTENANCE PROGRAM
SLURRY SEAL PROJECT
LIST OF STREETS
SLURRY SEAL STREETS
BEGIN END
Lowell Avenue Tennyson Avenue
Tennyson Avenue Seale Avenue
Seale Avenue Portal Place
Portal Place Santa Rita Avenue
Santa Rita Avenue North California Avenue
Middlefield Road Rosewood Drive
Rosewood Drive Coastland Drive
Coastland Drive Ross Road
Ross Road Marshall Drive
Marshall Drive Fielding Drive
Fielding Drive Louis Road
Louis Road Colonial Lane
Colonial Lane Greer Road
Greer Road End
Lorna Verde Avenue Richardson Court
Embarcadero Road Seale Avenue
Seale Avenue Northampton Drive
Northampton Drive Greenwich Avenue
Greenwich Avenue Southampton Drive
EI Camino Ash Street
Ash Street Park Boulevard
Lambert Avenue Chestnut Avenue
Chestnut Avenue Fernando Avenue
Fernando Avenue Margarita Avenue
Margarita Avenue Matadero Avenue
Matadero Avenue Wilton Avenue
Wilton Avenue Curtner Avenue
Curtner Avenue Ventura Avenue
EI Camino Ash Street
Ross Road end
Embarcadero Road Oregon Avenue
Colorado Avenue Clara Drive
Amherst Street Bowdoin Street
Bowdoin Street Columbia Street
Columbia Street Dartmouth Street
Darmouth Street Hanover Street
Middlefield Road Clara Drive
Clara Drive Ross Road
Ross Road End
Amarillo Avenue Amarillo Avenue
Channing Avenue Embarcadero Road
3
#C09132251
# BASE BID A DESCRIPTION QUANTITY
1 Slurry Seal Type II 2,080,400
2 Blue Markers 92
3 Themo 12" White 2,227
4 Thermo 12" Yellow 1,270
5 Thermo Detail 2 3,865
6 Thermo Detail 4 1,840
7 Themo Detail 10 2,784
8 Thermo Detail 21 190
9 Thermo Detail 22 64
10 Thermo Detail 23 156
11 Thermo Detail 38C 9,350
12 Thermo Detail 39 9,190
13 Thermo Detail 39A 1,620
14 Themo 4" White 310
15 Thermo Legends 364
16 Crack Sealant 77,250
17 Traffic Control 1
18 Trim Street Trees 60
19 Notification 1
BID TOTAL:
2009 STREET MAINTENANCE PROGRAM
SLURRY SEAL PROJECT
BID SUMMARY
ATTACHMENT C
UNITS ENGINEER'S ESTIMATE GRAHAM CONTRACTORS AMERICAN ASPHALT VALLEY SLURRY
SF $ 0.12 $249,648.00 $ 0.14 $ 295,416.80
EA $ 20.00 $ 1,840.00 $ 20.00 $ 1,840.00
LF $ 3.50 $ 7,794.50 $ 3.00 $ 6,681.00
LF $ 3.50 $ 4,445.00 $ 4.50 $ 5,715.00
LF $ 1.50 $ 5,797.50 $ 0.60 $ 2,319.00
LF $ 1.50 $ 2,760.00 $ 0.78 $ 1,435.20
LF $ 1.00 $ 2,784.00 $ 0.78 $ 2,171.52
LF $ 1.20 $ 228.00 $ 3.00 $ 570.00
LF $ 1.45 $ 92.80 $ 3.50 $ 224.00
LF $ 1.05 $ 163.80 $ 2.00 $ 312.00
LF $ 1.00 $ 9,350.00 $ 1.95 $ 18,232.50
LF $ 1.20 $ 11,028.00 $ 0.80 $ 7,352.00
LF $ 1.10 $ 1,782.00 $ 0.80 $ 1,296.00
LF $ 0.95 $ 294.50 $ 1.50 $ 465.00
EA $ 50.00 $ 18,200.00 $ 20.00 $ 7,280.00
LF $ 0.65 $ 50,212.50 $ 0.52 $ 40,170.00
LS $61,500.00 $ 61,500.00 $ 52,800.00 $ 52,800.00
HOURS $ 205.00 $ 12,300.00 $ 180.00 $ 10,800.00
LS $18,450.00 $ 18,450.00 $ 30,000.00 $ 30,000.00
$458,670.60 $ 485,080.02
$ 0.15
$ 15.00
$ 3.00
$ 4.50
$ 0.60
$ 0.78
$ 0.78
$ 3.00
$ 3.50
$ 2.00
$ 1.95
$ 0.80
$ 0.80
$ 1.50
$ 15.00
$ 0.62
$15,000.00
$ 187.00
$10,000.00
$301,658.00 $ 0.12
$ 1,380.00 $ 5.25
$ 6,681.00 $ 4.20
$ 5,715.00 $ 6.30
$ 2,319.00 $ 1.05
$ 1,435.20 $ 0.52
$ 2,171.52 $ 0.52
$ 570.00 $ 7.35
$ 224.00 $ 7.35
$ 312.00 $ 5.25
$ 18,232.50 $ 1.57
$ 7,352.00 $ 0.63
$ 1,296.00 $ 0.63
$ 465.00 $ 5.25
$ 5,460.00 $ 28.35
$ 47,895.00 $ 0.65
$ 15,000.00 $ 3,000.00
$ 11,220.00 $ 178.50
$ 10,000.00 $ 2,500.00
$439,386.22
Low Bidder vs. Estimate:
$249,648.00
$ 483.00
$ 9,353.40
$ 8,001.00
$ 4,058.25
$ 956.80
$ 1,447.68
$ 1,396.50
$ 470.40
$ 819.00
$ 14,679.50
$ 5,789.70
$ 1,020.60
$ 1,627.50
$ 10,319.40
$ 49,980.75
$ 3,000.00
$ 10,710.00
$ 2,500.00
$376,261.48
ALB
-18.0%
10 % Contingency: $ 37,626.15
Total Project Funding: $413,887.63 I
Tho City of
Palo Alto
mnlool$,2009..(17.Q715:08:16
(\'c<:>map$\gi$$~I$\admr(llPel'l$Onal\Pavementrndb)
ATTACHMENT D
2009 Slurry Seal Program ~
Project Map '-V -. 0' 2361'
This document is a graphic representation only 0' best available-$OUI'IXI$,
The-City of Palo. Alto assumes no responsibility tor any errors 01989 to 2009 City of PalO Alb