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HomeMy WebLinkAbout1998-03-23 City Council (21)City of Palo Alto City Manager’s Report 7 TO:HONORABLE CITY COUNCIL FROM: DATE: SUBJECT: CITY MANAGER DEPARTMENT: COMMMUNITY SERVICES MARCH 23, 1998 CMR: 179:98 REFORMATION OF CONTRACT WITH KARLESKINT-CRUM, INC., FOR IRRIGATION SYSTEM INSTALLATION AT FOOTHILLS PARK RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with Karleskint- Crum Inc., in the amount of $546,740 for base bid construction services and $22,170 for the inclusion of Add Alternate 3, for a total of $568,910. Authorize the City. Manager or her designee to negotiate and execute one or more change orders to the contract with Karleskint-Crum Inc. for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $82,011. DISCUSSION At the December 1, 1997 meeting, Council approved a contract between the City and Karleskint-Crum Inc. to replace the irrigation systems at Foothills Park. (CMR:472:97) On further review of that contract and transmittal staff report, staff discovered that the specifics of Add Alternate 3 were not made completely clear in the Request for Proposal or to Council in the abovementioned CMR:472:97. Technically, the City could not accept Add Alternate 3, because it was not solicited in the bid pages. This report is meant to explain the specifics of Alternate 3 and request that Council approve a reformation of the contract with Karleskint-Crum Inc. There is no change in the dollar amount of the original contract and the reformed contract. The reformation only clarifies acceptance of an Alternate 3. CMR: 179:98 Page 1 of 2 In Addendum 2 of the Request for Proposal for this project, a request was issued for bidders to submit a cost for hydro-seeding the entire irrigated area of Foothills Park. Hydro-seeding is a method by which grass seeds are broadcast over large areas using pressurized water as the delivery method. The method is preferable to manual reseeding, in that it covers a much wider area. Although the City intended to solicit a bid for an Add Alternate 3 in Addendum 2, it was not expressly noted in any revised bid forms. A.reformation of the contract is necessary to clarify all aspects of the contract, because the inclusion of Add Alternate 3was improper. The Council approval of the award, in light of this clarification, will cure this impropriety. RESOURCE IMPACT Funds for this project are available in Capital Improvement Project 19605, Foothills Park Water Management System. POLICY IMPLICATIONS The recommendations in this report are consistent with current City policies. ENVIRONMENTAL REVIEW This project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15302 of the CEQA Guidelines. ATTACHMENTS Attachment A: Contract PREPARED BY: Richard James, Administrator, Community Services Department DEPARTMENT HEAD REvIE~~ ’ PAUL TI-IILTGEN Director, Community Services Department CITY MANAGER APPROVAL: "JUNE ’FLEMI~(G City Manager CMR: 179:98 Page 2 of 2 CONTRACT No. (Public Work) This Contract, number dated , is entered into by and between the City of Palo Alto, a chartered city and a municipal corporation of the State of California ("City") , and Karleskint-Crum, Inc., a California corporation, ("Contractor"). For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor ("the parties") agree: _Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. " 0 .Ger).eral 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: Total Bid: Irrigation Project, Foothills Park, Invitation For Bid (IFB) Number 99334 ~r~R~q.~ll3 ~^~hlt-h in~h~rt~ ~!ternate 3 of the bid. 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 betweeh 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.Inviting For Bid. c,~Project Specifications. ~d!Drawings. e.Change Orders. f.Bid. g.Supplementary Conditions. h.General Conditions. i.Standard Drawings and Specifications (1992). j.Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. k.Affirmative Action~Guidelines and Compliance Report. I.Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1992). m.Any other document not expressly mentioned herein which is issued by City or entered into by the parties. o .Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30).Days of the date of receipt of Contractor’s invoices. .Insuran.c.e. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Invitation For Bid on t~rms 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 behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract. .l..ndemnification. 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. § §960~-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. § §6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. § §2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, § §25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, § §25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, § §25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, §§25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. 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 o 10. 11. manner, excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any of its Council members, officers, employees, agents or representatives. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may 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. 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 and affirmative action in employment and hazardous materials. Bonds. As a condition precedent to City’s obligation to pay co.mpensation 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. Representations and W~rranl~.i.es. 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: b° eo fo Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required; Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after the recordation of the No~ice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For Bid; go Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project Manager or any other person who has directly contributed to City’s decision to award the contract to Contractor; There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor’s ability to perform under the Contract; Contractor has furnished and will 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; ko Contractor and any person performing labor and services under this Project are duly licensed by the State of California as required by California Business & Professions Code Section 7028, as amended; and Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. 12.Assiqnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. 13.Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or required by law, .and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. 14. 15. Audits by City. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and Work-related writings and business records, as.such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. Notices, All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed within two (2) Days by delivery of a hard copy of -the material sent by facsimile transmission, in accordance with (1), (2)~ or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to:City of Palo Alto Community Services Department 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Phone: (650) 329-2581 To Contractor: ATTN.: Richard James, Project Manager Karleskint-Crurn, Inc. 225 Suburban Road San Luis Obispo, CA 93~,0..! Phone: (,~0.~).~4.~-~n4 ATTN.: ¢:.~ ~rf 16. 17. Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of !he Charter of the City Of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the event of a conflict with any other provision of this Contract. Miscellaneous. Bailee Disclaimer, The parties understand and agree that City does not purport to be Contractor’s bailee, andCity is, therefore, not responsible for any damage to the personal property of Contractor. Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express author!ty to grant such approval or consent. Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract which directly results from an Act of God or an.act of a superior governmental authority. Headings. The paragraph headings are not a part of this Contract and shall hav.e no effect upon the construction or interpretation of any part of this Contract. Incorporation of Documents. All ~locuments constituting the Contract documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties th.at are not incorporated in this Contract. Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in writing and signed by the parties. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit.the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severability. If acourt of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 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.Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such ~tion sh~ll be veated exclusively in the state =aurts Of Callfoml~ in the County of ~m~ C;l~ra In the city of 5ran Ja=¢ or in the Unked 5~ ols~flct.l:;ourt tot the Northern Di~ri=t of California In zh= Cltv of -~an Jo~e, RBcovCry of costs, The preuail|ng party in any action broughl; ~o enfaroe the terms ~h~s Co~ract 0r a~st~ o~ of ~h~ on~r~=~ may m~ov~r It~ reasonable co~, {~udi~ .reasonable ~omey’s f~s, incurr~ or expended in uonnec~lon w~h such a~ion ~aln~ xhe non-prevailing p~. IN WITNESS WHEREOF, the parties have by their duly al~pointed represemat]ves exacL~ed this Cont~a=t In the city of Palo Alto, County of Santa Clara. State of Californl~ on the date first stated above. ATTEST:CITY OF PALO ALTO ’ Ciw Clerk APPROVED: Its: Mayor ~ .Ti,~l._._ Vice ]Pre~:]ent ,, . ....... Diractor of Admll~is-tr~ti~ S~rvicaS Taxpayer I.D, Ne ¯ 95-2479578 Contract Manager (insurance review) APPROVED AS TO FORM: Senior ASat,, City Attorney CALIFORNIA ALL-PuRPoSE ACKNOWLEDGMENT ...... Dale .....Nam~a~d ~ of Off~cer (e,g., "Jane Doe. N~a~ personally appeared ~,, ~ ~t,~~/.Name,s} of Signer(s) _~--l:fersonally known to me -.- F,,’~.o,~ t ....,,,,. "’,,,,~- ~.~’~;~ ..........^~ ~at!sf2cto~, ovi~,-~.~ to be the person(~F whose name(,~,¢is/a4~subscribed to the within instrument and acknowledged to me that he/s~e’/th&y, executed the same in his/l’~r/tl~r authorized capacity(i~), and that by his!t’~!~th~ signature(s~on the instrument the person(~, or the entity upon behalf of which the person(.,~" acted, executed the instrument. WITNESS my hand and official seal. ~" --v - --Slgnat--0re ~f Nota~, Pubt~c "- OPTIONAL Though the information below is not required by law, ~t may prove valuable to persons relying on the document and could prevent f¢audulent removal and reattachment of this form to another document. Description of Attached Document Title orType of Document: _(~. tgt"h -~2.~.."[" Document Date: //[JO~t’Pl,~-...r"- /// /¢~27 Number of Pages: Signer(s) Other Than Named Above: Capacity(i~Claimed by Signer(~-)-- Signer’s Name: ~,_~ f-~ ~_~~//Signer’s Name: Individual -s2~--Corporate Officer .-.,¯. __ Title(s): Partner ~- Limited - General Attorney-in-Fact Trustee Guardian or Conservator Other:Too Of thumb ,"ere Signer Is Representing: -- Individual -- Corporate Officer Title(s): -- Partner-- ’~ Limited - General -- Attorney-in-Fact -- Trustee -- Guardian or Conservator - Other! Signer Is Representing: Toa of thumb here © I.~95 National Nota~/Association ¯ 6236 Rernrnet Ave PO Box 7184 ¯ Canoga Park CA 91309-7184 Prod NO 5907 Peorder Call-Toll-Free 1-800-876-6827 PART II -- SUPPLEMENTAL BID FORMS SECTION 300 City Council/City Manager City of Palo Alto Palo Alto, CA 94301 In response to the Notice Inviting Formal Bids, the undersigned, as Bidder declares that the only persons or parties interested in this Bid as principals are those named, herein, that this Bid is made without collusion with any other person, firm or corporation; that the Bidder has carefully examined the location of the proposed Work and the plans and specifications herein referred to; and the Bidder proposes and agrees, if this Bid is accepted, that the Bidder will contract with the City of Palo Alto, to provide all necessary materials, equipment, tools, apparatus and 0.ther means of transport services, and to do all the work and furnish all the specified requirements in the Contract, in the manner and time therein prescribed and at the prices stated in the following Bid: Project Title:IRRIGATION PROJECT, FOOTHILLS PARK BID SCHEDULE BASE BID - Work shall conform to the Construction Documents. The Contractor proposes to furnish labor, materials, supervision, transportation, equipment, services, testing, taxes and incidental items required to construct the irrigation system and related work included in the Construction Documents. Base proposal bid schedule line item prices shall include the cost Of miscellaneous items, construction and installati’ons associated with the line item~ so as to provide a complete operational irrigation system and related work. The total base bid shall be the sum of the bid schedule line items. BID APPROX ITEM QTY / UM DESCRIPTION WITH UNIT PRICE WRITTEN IN WORDS UNIT PRICE LUMP SUM EXTENDED PRICE 001 LUMP SUM BASE BID Lower turf mobilization/demobilization, (In Words) Lower turf irrigation system (In Words) OO2 CITY OF PALO ALTO: ’BID PAGES IFB 99334 SECTION 300-1 PART II -- SUPPLEMENTAL BID FORMS .SECTION 300 BID APPROX ITEM QTY / UM 003 LUMP SUM 004 LUMP SUM 005 LUMP SUM 006 LUMP SUM 007 LUMP SUM 008 LUMP SUM SUB TOTAL, 009 LUMP SUM DESCRIPTION WITH UNIT PRICE WRITTEN IN WORDS Maxicom computer, "Control One," telephone lines, electrical services, communication cable up to Dam (including drawing sheet No. L5) extra radio remote transmitters (in Words) Weather station and variable wind sensor (in Words) Lower turf domestic water lines #(in Words) Lower .turf water fountains (in Words) Field stones (in Words) Cobble band (in Words) Dam irrigation system {In Words) UNIT PRICE $ EXTENDED PRICE CITY OF PALO AL’TO: I~"iD’ PAGES IFB 99:334 ..........SECTION 300-~ PART II -- SUPPLEMENTAL BID FORMS SECTION 300 BID ITEM 010 011 012 013 014 015 APPROX QTY / UM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM DESCRIPTION WITH UNIT PRICE WRITTEN IN WORDS "Control-Two" including communication cable and conduit to flow sensor and electrical service to controller and fire pit (In Words) Upper turf mobilization/demobilization (In Words) Upper turf irrigation system including lake fill (In Words) "Control-Three" including communication cable and conduit flow sensor and electrical service to controller fire pit (In Words) Upper turf domestic water line (In Words) Upper turf. water fountains (in Words) GRAND TOTAL of BASE BID (Including All Applicab~,e Ta~;es) /.~ //, // !r ~j / ALTERNATE BID NO. I (DEDUCTIVE) UNIT PRICE $ EXTENDED PRICE CITY OF PALO ALTO: BID PAGES IFB e933~ ......SECTION 300-3 PART II -- SUPPLEMENTAL BID FORMS SECT.ION 300 001 LUMP Phase of Phase One and $Single construction o~ (In Words) GRAND TOTAL of ALTERNATE BID. NO. 1 $ 001 LUMP Hydro seed with lawn seed in lieu of sod $eoSUMcutting, sod replacement and repair seeding.~ ~/~ /~ (In Words) GRAND TOTAL of ALTERNATE BID.NO. 2 $ The contractor shah quote the fol~owin~ unit ~rices, statin9 the amount for additions deductions from the base ~ro~osa~ bid. lnclude the costs of all a~licable taxes, items, coastructions and installations associated with the ~ine item as required to ~rovide a complete and o~erationa~ construction. ~efer to ~rawings an6 S~ecifications Ior the description of the unit Wices. BID ITEM 001 OO2 APPROX QTY, / UM 1 EA 1 EA UNIT PRICES DESCRIPTION WITH UNIT PRICE WRITTEN IN WORDS Nelson 7503 Rotor Sprinkler (In Words} Hunter-I-20 Rotor Sprinkler UNIT PRICE CITY OF PALO ALTO: BID PAGES IFB 99334"SECTION 300-4 PART II -- SUPPLEMENTAL BID FORMS SECTION 300 BID ITEM 003 004 005 O06 OO7 OO8 OO9 010 011 APPROX QTY. / UM 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA DESCRIPTION WITH UNIT PRICE WRITTEN IN WORDS Rainbird 1806-SAM-PRS (In Words) 3" RCV in concrete valve box (in Words) 2-½" RCV in concrete valve box {In Words) 2" RCV in concrete valve box (In Word’r4/ 1" RCV in plastic valve box QCV (in Words) 4" service valve in concrete valve box (In Words) ~" 3" service valve in concrete, vaJ,ye box (In Words) 2-½" service valve in concrete valve bpx UNIT PRICE $ ~o $ CItY OF PALO ALfd: ’BID pAGI~S IFB 91~33’4 .......SECTION 300-5 PART II -- SUPPLEMENTAL BID FORMS SECTION 300 BID ITEM 012 013 014 015 016 017 018 019 020 APPROX QTY. / UM 1 O0 LF 1 O0 LF 1 O0 LF 1 O0 LF 1 O0 LF 1 O0 LF 1 O0 LF 1 O0 LF 100 LF DESCRIPTION WITH UNIT PRICE WRITTEN IN WORDS C900 PVC main 36" cover (In ’Words~J ...... 3" sch 40 main, 36" cover . ., (In Wordsl 2-½" sch 40 main, 36" cover 2" sch 40 main, 36" cover (In Words) 3" sch 40 lateral, 24" cover {In Words) 2-½" sch 40 lateral, 24" cover (In Words) 2" sch 40 lateral, 24" cove~ (In Words) 1-½ "" sch 40 lateral, 24" cover (In Words) 2" sch 40 conduit, in irrigation trench (In Words) .$ UNIT PRICE 7_ o -- CITY OF PAL0 ALTO: BID PAGES IFB 99334 ’ sEctioN 30o: PART II -- SUPPLEMENTAL BID FORMS SECTION 300 BID ITEM 021 022 023 APPROX QTY. / UM I O0 LF I EA 1 EA 024 1EA 025 25 LF DESCRIPTION WITH UNIT PRICE WRITTEN IN WORDS 2" water service line, polyethylene (In Words)t/ #3150 water fountain (In Words) #3177 water fountain -~. (in Words) Pull box (in Words) 5’ high tree protection fence #~~(in~Words} UNIT PRICE $ $ TOTAL NUMBER OF CALENDAR DAYS FOR WORK COMPLETION FOLLOWING CITY’S NOTICE TO PROCEED: 75-LOWER TURF AREA UPPER TURF AREA NOTE: PHASE I WORK SHALL~BEGIN 14 CALENDAR DAYS FOLLOWING CITY’S NOTICE TO PROCEED (CURRENTLY PLANNED FOR MARCH 1998, SUBJECT TO WEATHER CONDITIONS), WiTH COMPLETION BY MAY 23, 1998 REQUIRED. PHASE II (UPPER TURF AND DAM) IS PLANNED FOR SEPTEMBER 1, 1998, WITH COMPLETION BY NOVEMBER 1, 1998. The Grand Total of the BASE BID will be used to seleot the lowest Responsible Bidder Lowest responsible bidder: THE GRAND TOTAL of the Base Bid will be the basis for determining the "lowest responsible bidder". See SECTION 100: Determination of blTY OF PALO ALTO: BID PAGES IFB 99334 ....................SECTIO~ PART II -- SUPPLEMENTAL BID FORMS SECTION 300 Lowest Responsible Bidder for additional selection information. The City retains the right to select on an item-by-item basis. Failure to fill out all items may be considered an irregularity jn the bid., Award and execution of the Contract shall be as described in the Notice Inviting Formal Bids including this Section (SECTION 300) of the IFB. Taxes:Bid prices and total shall include all applicable taxes. Errors: If errors in extensions and totals exist, the written unit rate with corrected extension and total shall prevail and will be considered as the actual base bid proposal amount. Insurance: Enclosed is $ N/A (Bid Bond amount not less than 5% of Bid total) which is given as security to assure that the undersigned will enter into the Contract if so awarded. If Contract is awarded to Bidder, the undersigned hereby agrees to sign’the Contract and furnish the following: a Performance Bond in the amount of 100 % of the Contract; a Payment (Labor& Materials) Bond . in the amount of 100 % of the Contract price; and, a Certificate of Insurance on City forms) in accordance with the Risk Manager’s requirements. Bidder’s failure to comply herewith may cause the Bid to be rejected by the City. Liquidated Damages: If the Contractor fails to complete the Project within the time fixed for such completion, he or she shall become liable to the City for liquidated damages in the sum of Five Hundred Dollars ($500.00) for each and every calendar day during which said Work shall remain uncompleted beyond such time for~ completion or approved extension thereof. This sum shall be presumed to be the amount of damages thereby sustained by the City since it is impracticable or extremely difficult to fix actual damages. The amount of liquidated damages may be deducted by the City from monies due the Contractor at thetime of completion, and the Contractor and his or her sureties shall be liable to the City for any excess. Contractor’s license requirements: Subject to verification of good standing, the Contractor shall submit a copy of its current .. CONTRACTQ.R’S license as issued by the State of California under Chapter 9 of Division III of the California Business and Professions Code (Sections 7000 et se__e~). The copy of the license shall be attached to the Signature Page, (SECTION 305) of the IFB. The prime Contractor for this Work shall possess a valid State Contractor’s License in the following category: A. Class A (General Engineering) =~OR State below the appropriate special California Contractors license pertaining to the Work to be accomplished: B.License No. 247631 Classification A;C-27 CITY OF PALO ALTO: BID PAGES IFB 99334 SECTION 300~8 PART II -- SUPPLEMENTAL BID FORMS SECTION 300 Expiration Date:, 11-30-97 BIDDER’S SIGNATURE IN PART II, SECTION 305, SIGNATURE PAGE, (HEREIN) CONSTITUTES AN AGREEMENT TO THE TERMS AND CONDITIONS OF THIS SECTION (PART II, SECTION 300) AND OTHER SECTIONS OF THE BID DOCUMENTS. END OF SECTION ,# ~ITY OF PALO ALTO: BID PAGES IFB sECTION 300"9 PART II- BIDDER’S SIGNATURE PAGE SECTION 305 PROJECT TITLE: IRRIGATION PROJECT, FOOTHILLS PARK The undersigned hereby certifies that, directly or indirectly, they or their representatives and ’ agents have not colluded with other parties interested in this Invitation For Bid. Bidder is a: K] California Corporation, or a ,13 California Limited Liability Company, or a [] Corporation Organized under the laws of the State of with head offices located at and offices in California at .. (Attach addendum if n~cessary) [] Sole Proprietorship including any fictitious business names (i.e., "dba"), or a [] Partnership (list names of partners; state which partner or partners are managing partner(s). (Attach addendum). [] Other (Attach addendum specifying details). Dated Octob~rl01997 Company Name of Bidder: Karl~.skir%!;-qrk]m, Inc. Title: Vic~-Pr~sid~nt Address #1: 225 Suburban Road City:.~n LI~-].~ Ob£%DQ Fax No: 805-543-3827 Contractor License #/Type: 247631 A, C-27 Name of Contact Person: Must be same sjggature as will appear on Contract. Printed Name of Signatory: Curt Boutwell Address #2:"P.O. £~ox 5358 (93403) State, Zip: 93401 Telephone: 805-543-3304 IRS #:95-2479578 Telephone: 805-543-3304 End of Section ’CITY OF PALO ALTO: BIDDER’s SIGNATURE PAGE-IF8 99334 ....SECTION 305 PART II - ACKNOWLEDGMENT OF ADDENDA SECTION 310 PROJECT TITLE: IRRIGATION PROJECT, FOOTHILLS PARK During the Bid process there may be changes to the Bid documents which would require an issuance of an Addendum or Addenda. To assure that all Bidders ¯ receive the update or change Addendum, the following acknowledgment and sign-off is required. NOTE: Failure to execute the following may be considered as an irregularity in the Bid. Receipt of the following Addendum is acknowledged. The Bidder acknowledges that the information contained in the addendum has been considered in the preparation of this Bid. Addendum No. (None__), (l~V~), (2 3__), (4__), (5 " ) (Check appropriate~~ ..... Signature of Bidder Karleskint-Cru~, Inc. Company If required, a copy of the contractor’s license as described in SECTION 300 shall be attached to the Signature Page, (SECTION 305) of the IFB. END OF SECTION ~’ITY OF" PALO ALTO:’ACKNOWLEDGMENT OF ADDENDA IFB 99334 SECTION 310 PART II - BID FORMS - CERTIFICATION OF NONDISCRIMINATION SECTION 410 PROJECT TITLE: IRRIGATION PROJECT, FOOTHILLS PARK Certification... of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment; and that they agree to demonstrate positively and aggressively the principle of equal opportunity in employment. The Bidder agrees specifically: 1.0 To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2.0 To communicate this policy to all persons concerned, including all employees, outside recruiting services, .especially those serving minority communities, and to the minority communities at large. 3.0 To take affirmative action steps t,o hire minority employees within the organization. 4.0 To be knowledgeable of the local, state, and federal laws and regulations concerning affirmative action policies and provide opportunities for employees. Firm: Karl~skint-Crum, Inc.Date: i0-i0-97 Title of Officer Signing: Signature: ~’--~ ~~~- -~’ Please include any additional information available regarding equal opportunity employment programs now in effect wit6in your company. ease attach additmnal pages if necessary) END OF SECTION ~ITY OF PALO ALTO: ~ERTIFIC’ATIO’N oF’NONDIS~RIMIN"A’TioN IFB 99334 ’ SECTION 4~0 SECTION 415PART II - BID FORMS ,,REQUIRED CONTRACTOR INFoRMAl’ION PROJECT TITLE: IRRIGATION PROJECT, FOOTHILLS PARK I. This section must be completed. MINORITY BUSINESS ENTERPRISES. Non-completion indicates "is not". MINORITY/WO.MEN.JDI..SADVANTAGED BUSINESS ENTERPRISE. Vendor is , is not X a Minority or Women or Disadvantaged Business Enterprise, M/W/DBE. (A Minority Business Enterprise is defined as a "business, privately or publicly owned, at least 51% of which is owned by minority group members." For the purpose of this definition, minority group members includes African - Americans, Hispanics, Asian Americans, American Indian or Alaskan Natives, or Women.} II. This section must be completed. Non-completion indicates "is not". SMALL BUSINESS. Vendor is ~, is not~X a small business concern. (A small busine-~s concern for the purpose of this procurement is a concern, including its affiliates, which is independently owned and operated, is not dominant in the field of operations in which it is contracting, and can further qualify under the criteria concerning number of employees, average annual receipts, or other criteria as a result of Public .Law 95-507 amending the Small Business Act of 1958.) , , II1. This section applies only to construction projects. Compliance with the Americans with Disabilities Act (ADA) of 1990. The Contractor, by signature herein, indicates that all new construction commencing after January 26, 1992, shall be made readily accessible and properly signed to the maximum extent feasible in compliance with ADA. IV. This section applies to all suppliers and contractors as required. The Supplier or Contractor shall comply with Executive Order No. 11246, entitled "Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR, Part 60). V. This section applies to all suppliers and contractors. The Contractor represents that it has not retained a person to solicit or secure a City contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. Further, the Contractor or supplier represents that it has not knowingly influenced and promises that it will not knowingly influence a City employee or former City employee to breach any ethical standards set forth in the Palo Alto Municipal Code or any of the State-of California procurement regulations, Vendor’s representative concerning any of the above information in sections I-V.: ~r £ot~el~L -, Phone: 80.5-543-3304 Signature on the Bidder’s Signature Page implies compliance and certification, END OF SECTION ~3iTY OF PALO"A’LTO: REQUI’FIED CONTRACTOR INFORMATION- IFB 99334 SECTION 415 PART II -BID FORMS -EXPERIENCE & FINANCIAL QUALIFICATIONS SECTION 420 PROJECT TITLE: IRRIGATION PROJECT,+FOOTHILLS PARK The .following information concerning the experience and financial qualifications of the Contractor are a required part of the Bid. The information is certified correct by signature herein. Name of Company: Contractor’s License Number: Name of Bonding Company; Phone Number: Name of Insurance Carrier: Phone Number: Karl ~.~k ~ nt-Cr~n. Inc. 247631 North Coast Surety 415-492-2820 Morris & Garritano 805-543-6887 How many years have you (or your firm) done business under the name listed above? 30 ~ How many years experience have you (or your firm) had which is similar in nature to the work covered in the Bid? 3O Provide relevant references of contracts satisfactorily completed in the last three (3) years: 1997-~e ClositerN Tract 1996Year: Type of Work: Site Development, Park Installation, Streetscape Contract Amount: i, 265,845.00 Company (customer) name, telephone number and contact: .R..~4 Design Group For Morro Bay-Natalie, Inc. & Keyoto-Morro Bay, Inc. ~runo 805-782-0994 Year:1997-04-437994/04-SCI-85, Quito Road Type of Work: Hiqhway Plantinq & Irriqation Contract Amount: i, !36,891.00 Company (customer) name, telephone number and contact: S~a~ of CA D~_oar~ment of ..Transportation Jacob Saidian, R.E. 415-961-1002 Year: 1995-Simi School Sites Type of Work: Irrigation. at 5 Schools Contract Amount:.. 927,000.00 Company (custom~). n~m. e,~t, elePhor~e~.nLUTLb~r arid ~;on,tact:,~ml va-±~y unl~ze~ ~cnoo± uls~r~c~ Gary Nottinqham 805-520-6679 CITY OF PALO ALTO -QUALIFICATIONS -IFB 99334 SECTION 420 -1 PART II -BID FORMS -EXPERIENCE & FINANCIAL QUALIFICATIONS SECTION 420 do Year: 1996-Everett Alvarez High School Ph. II Type of Work: Landscape & Irrigation & Fle±e Uralnag~ Contract Amount: 410,000.00 Company (customer.) .na, me~, tele~p, ho..ne nu, mbe, r.and contact:wa±sn-~aci~ic ~ons~ruc~zon " Robert ErsK~_ne 4U~-bDD-4±Z0 o Year: 1997-San Joaquin Transportaion Corridor Type of Work: Landscape & Irrigation ~or new toilroad Contract Amount, 18,549,000.00 Company (customer) name, telep_hone nurn~ber a.nd c,ontac~ V California Corridor ~ons~ruc~ors ~.. Janice Pope 714-Tb3-1U’22 (Please provide additional sheets if necessary) Have you (or your firm) previously worked for the City of Palo Alto? No ( If yes, please list above or provide additional sheets if necessary) X___yes see___Attached If applicable, provide a list of the plant(s) and equipment owned by the bidder which are available for use on the proposed work as may be required herein: Quantity .Name, Type and Capacity Condition see attached ,Location ~iTY OF PALO ALTO -QUALIFICATIONS -IFB 99334 "SECTION 420 -2 PROJECTS FOR THE CITY OF PALO ALTO Year: 1997-Palo Alto Harbor Improvement,.2vlarsh Restoration-Ph. II Type of Work: Planting and Maintenance Contract Amount: $54,945.00 Company(customer) Name, Telephone Number and Contact: Ludwig-Betchart, Inc ..... Mrs. Betchart....../510) 656-8157