HomeMy WebLinkAboutStaff Report 347-05DISCUSSION
Project Description
The project scope of the proposed 2005 Street Maintenance Program, Phase 3 includes slurry
sealing nine lane miles and cape sealing six lane miles of city streets. Attachment B provides a list
of streets to be slurry or cape sealed. The street maintenance program is placing a greater
emphasis on rehabilitating streets to a level that will prolong the lifespan of the asphalt surfaces
for five to seven years through slurry sealing and by 10 to 15 years through cape sealing. One
disadvantage of a cape seal is that it requires two separate street closures since it includes a two-
part process of chip seal and slurry seal as a final coat. The chip seal contains small aggregate
that bonds with an oil applied to the pavement surface and slurry seal applied 24 hours after the
chip seal work. In order to control the loose aggregate after the chip seal work, the street is
swept and the speed limit will be reduced to 15 mph for 24 hours until the street is slurry sealed.
After the slurry seal is applied, the street will be opened to traffic at regular speeds the same day.
The cape seal process was successfully used for the first time last year. Staff will continue to
monitor and develop alternative maintenance methods such as cape sealing in the future. Through
this type of preventative maintenance and cost savings gener~ted from creating three phases, the
lane miles. maintained for the year will increase by a total of approximately 5 lane miles above the
average 16 lane miles maintained annually.
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 August and be complete in 45 days.
Bid Process
A notice inviting formal bids for the 2005 Street Maintenance Program, Phase 3 was posted at
City Hall July 7, 2005 and sent to seven builders' exchanges and eight bidders. The bidding
period was 19 days. Bids were received from three qualified contractors on July 26, 2005 'as
listed on the attached bid summary (Attachment C). Bids ranged from a high of $473,576 to a
low bid of $268,607.
ummaryo I S fBod P rocess
Bid NamelNumber 2005 Street Maintenance Program Phase 31IFB #112820
Proposed Length of Project 45 calendar days
Number of Bids Mailed to 8
Contractors
Number of Bids Mailed to Builder's 7
Exchanges
Total Days to Respond to Bid 19
Pre-Bid Meeting? No
Number of Company Attendees at N/A
Pre-Bid Meeting
Number of Bids Received: 3*
Bid Price Range Low bid $268,606.89 to a high of $473,575.60
*Bid summary provided m Attachment C. The Certification of' Nondiscrimination is
Attachment D.
CMR:347:05 Page 2 of3
FORMAL CONTRACT SECTION 500
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 tim~ 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, Contractorfurther 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. 339601-6975,
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 10 • .;, 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.
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 fn 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 bid security 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. Bid Security. 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 Bid Security as required under the
Invitation for Bid.
CITY OF PALO ALTO
rev. 12100
CONTRACT C06112820 PAGE20F7
FORMAL CONTRACT SECTION 500
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 ",mended, then the prevailing party in any subsequent litigation may recover its reasonable
costs, including attorney's fees, incurred subsequent 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 req'uire 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:
Senior Assistant City Attorney
APPROVED:
Director of Administrative Services
Director of Public Works
CITY OF PALO ALTO
rev. 12100
CITY OF PALO ALTO
Assistant City Manager
CONTRACTOR:
By:, __________________________________ _
Name: ____________________________________ __
Title: ___________________________ __
By:, _________________ __
Name: __ ~----------------------
Title: ____ --'-_______________ _
(Compliance with California Corporations Code 3 313 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)
CONTRACT C06112820 PAGE60F7