HomeMy WebLinkAbout1997-03-03 City Council (6)C ty of Palo Alt3
City Manager’s Report
TO:.HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT:PUBLIC WORKS
AGENDA DATE: MARCH 3, 1997 CMR:154:97
SUBJECT:AWARD OF CONTRACT TO GEORGE BIANCHI
CONSTRUCTION COMPANY FOR FIRE STATION #3
DRIVEWAY EXTENSION AND IMPROVEMENTS AND
CHARLESTON ROAD CURB RAMPS
REQUEST
This is a request for approval of a contract with George Bianchi Construction Company in the
amount of $62,763 for Fire Station #3 Driveway Extension and Improvements and Charleston
Road Curb Ramps Project.
RECOMMENDATIONS
Staff recommends that Council:
Approve and authorize the mayor to execute the attached contract (Attachment D) with
George Bianchi Construction Company in the amount of $62,763 for Fire Station#3
Driveway Extension and Improvements and Charleston Road Curb Ramps Project.
Authorize the City Manager or her designee to negotiate and execute one or more change
orders to the contract with George Bianchi Construction Company for related, additional
but unforeseen work which may develop during the project, the total value of which
change orders shall not exceed $6,300.
POLICY IMPLICATIONS
The award of this contract is consistent with existing policies.
EXECUTIVE SUMMARY
The work to be performed under this contract includes construction of a driveway extension and
the installation of an oil/water separator and sewer connection (with sidewalk and curb ramp
replacement) at Fire Station #3 on Embarcadero Road and Newell Avenue. This project also
includes sidewalk replacement and construction of curb ramps in compliance with the
Americans with Disabilities Act (ADA) on Charleston Road at Grove Avenue and Charleston
Court, and at the add alternate site at Louis Road (Attachments B and C).
CMR:154:97 Page 1 of 3
Bid Process ~.
A notice inviting formal bids for the Fire Station #3 Driveway Extension and Improvements
and Charleston Road Curb Ramps Project was sent out on January 7, 1997, to five builders’
exchange and seven contractors. Subsequently, five contractors, who learned of the project
through the builders’ exchange, were also sent the notice inviting formal bids. A total of
twelve contracts were sent the notice inviting formal bids. The bidding period was 26 days,
which was considered adequate based on the City’s previous experience with numerous
projects of this type. Bids were received from six qualified contractors on February 11,
1997, as listed on the attached bid summary (Attachment A). Bids ranged from a high of
$96,246 to a low of $62,763. Staff was not able to contact all non-bidders but felt the six
bidders that responded represented a range of bids sufficient in size to ensure a competitive
and valid bidding process.
Staff has reviewed all bids submitted and recommends that the bid of $62,763 submitted by
George Bianchi Construction Company be accepted and that George Bianchi Construction
Company be declared the lowest responsible bidder. The bid is 5 percent above the
engineer’s estimate. A change order amount of $6,300, which equals 10 percent of the total
contract, is requested because of additional related but unforeseen work which may develop
during the project.
Staff checked with the Contractor’s State License Board and found that the contractor has
a valid license. Staff also checked references supplied by the contractor for previous work
performed by George Bianchi Construction Company and found no significant problems or
-complaints.
.FISCAL IMPACT
Funds for this project are included with the FY 1996-97 CIP 19606 (Fire Station #3
Improvements) and CIP 18903 (Sidewalk Replacement) budgets.
ENVIRONMENTAL ASSESSMENT
This project is categorically exempt from the California Environmental Quality Act (CEQA)
under Section 15301 of the CEQA guidelines.
ATTACHMENTS
A - Bid Summary
B - Base Bid 1 Location Map
C - Base Bid 2 Location Map
D - Contract
PREPARED BY: .Jim Amores, Engineering Technician III, Public Works Operations
CMR:154:97 Page 2 of 3
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
GLENN S
Director )lic Works
JUNE FLEMING
City Manager
CMR:154:97 Page 3 of 3
ATTACHMENT B
, BASE BID NO. 1
~FIRE STATIDN 3 DRIVEWAY EXTENSION & IMPROVEMENT~ APPROVEDDRAWN BY: JA
DAE:
CHEC’]] BY: SK
DATE:
SCALE, NONE
&CHARLESTON ROAD CURB RAMPS PROJECT
LOCATION MAP
City of Palo Alto
S. K E NN E312..__
PE Nrl. 55371
DATE:
DRAWING NO.
IA
ATTACHMENT C.
BASE BID NO.2 & ADD ALTERNATE
DRAUN BY; JA
DATE:
CHEC’D BY~SK
DATE:
SCALE: NONE
"FIRE SIATION 3 DRiVE~/AY E~TENSION & IMPR~VE~ENTS AP~"~E]VED BY:& CHARLESTON ROAD CURB RAMPS PROJECT S. KENNEDY
LOCATIDN HAP ~ ~’ ~BATE:
DRA~/ING NO,City of Palo Alto ~B
FORMAL CONTRACT City of Palo Alto
PUBLIC WORK CONTRACT No..C~
(Public Work)
This Contract, 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.George Bianchi
Construction Inc., a California cor.ooration , ("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. This Contract may be terminated for convenience by the City
upon ten (10) days’ prior written notice.
General SCO.De of Pro!ect 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:Fire Station #3 - Driveway Extension & Im_orovements
Charleston Road Curb Rarn_D_s Bid NO.:92908
Total Bid:
Contract Document~. 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.
ao This Contract.
Notice Inviting Formal Bid.
Specifications and/or Scope of Work.
Drawings.
Change Orders.
Proposal and Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Affirmative Action Guidelines and Compliance Report.
Other Specifications, or part thereof, not expressly incorporated in the Contract
Specifications or the Standard Drawings and Specifications (1992).
Any other document not expressly mentioned herein which is issued by City or entered into
by the parties.
CITY of PALO ALTO: Fire Stn.#3/Charleston Road (Rev.12/96)Page 1 of 8
FORMAL CONTRACT __. ~City of Pal. Alto
.4.~;1~. 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.
J~%ir~3o~. On or before the Date of Execution, Contractor shall obtain and maintain the policiesof insurance
coverage described in the Notice Inviting Formal Bids 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 behalf. Proof of insurance shall be mailed to the Project Manager to the address
set forth in Section 15 of this Contract.
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. § §9601-6975,
as amended); the Resource Conservation and Recovery Act (42 U.S.C. § §6901-6992k, as amended); the Toxic
Substances Control Act (15 U.S.C. § §2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, § §25300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, § §25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, §§25249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, § §25280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law.
" . Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the
property of Contractor which may occur in, on, or about the Project site at any time and in any manner,
excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission
of City or any of its Council members, officers, employees, agents or representatives.
CITY of PALO ALTO: Fire Stn.#3/Charleston Road (Rev.12/96)Page 2 of 8
FORMAL CONTRACT City o f Palo Alto
~Y.aJY_~. 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.
Q
10.
11.
. 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 compensation to Contractor, and on or before the
Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice
Inviting Formal Bids.
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:
Any materials and equipment which shall be used during the course and scope of the Project and Work
shall be vested in Contractor;
bo 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 Notice of Substantial Completion, or, if no such notice is required to be filed,
on the date that final payment is made hereunder;
Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained
by Contractor for and in behalf of City.
Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true
and correct at the time such information is submitted or made available to the City;
Contractor has not colluded, conspired, or 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 Notice Inviting Formal
Bids;
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;
CITY of PALO ALTO: Fire Stn.#3/Charleston Road (Rev.12/96)Page 3 of 8
FORMAL CONTRACT City of Palo Alto
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;
There are no unresolved claims or disputes between Contractor and City which would materially affect
Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions,
certifications, and other written information as may be requested of Contractor by City from time to
time during the term of this Contract;
Contractor and any person performing labor and services under this Project are duly licensed by the
State of California as required by California Business & Professions Code Section 7028, as amended;
and
12.¸
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
Assianment. 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.~. 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.~t~_~._~. During the term of this Contract and for a period of net 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.
15.J~tJ£,~. 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
CITY of PALO ALTO: Fire Stn.#3/Charleston Road (Rev.12/96)Page 4 of 8
FORMAL CONTRACT City of Pal. Alto
Copy to:City of Pal. Alto
Department of Public Works
250 Hamilton Avenue
P.O. Box 10250
Pal. Alto, CA 94303
(415)- 496-5937
FAX: (41
ATTN: Sean Kennedy, Project Manager
To Contractor:GEORGE BIANCHI CONSTRUCTION. INC.
775 - A Maburv Road
San Jose. California 95133-1023
(408) 453-3037
FAX: (._4.D3_) 452-1366
ATTN: G. John Bianchi Jr.
16.
17.
Aoorooriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the
Charter of the City of Pal. 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.
Miscellaq~ous.
ao 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.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall be in writing and shall be executed by a person having the express authority to grant
such approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the 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 have no effect upon the
construction or interpretation of any part of this Contract.
CITY of PALO ALTO’. Fire Stn.#3/Charleston Road (Rev.12/96)Page 5 of 8
FORMAL CONTRACT City of Palo Alto
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.
ho 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.
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 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.
mo 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.
Oo 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 legal holiday by City, the time for performance shall be
extended to the following Business Day.
Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such
action shall be vested exclusively in the state courts of California in the County of Santa Clara in the
City of San Jose or in the United States District Court for the Northern District of California in the City
of San Jose.
qo Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or
arising out of this Contract may recover its reasonable costs, including reasonable attorney’s fees,
incurred or expended in connection with such action against the non-prevailing party.
CITY of PALO ALTO: Fire Stn.#3/Charleston Road (Rev.12/96)Page 6 of 8
FORMAL CONTRACT City of Palo Alto
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this
Contract in the city of Palo Alto, County of Santa Clara, State of California on the date first stated above.
ATTEST:CITY OF PALO ALTO:
City Clerk
APPROVED:
By: .
Its: Mayor
CONTRACTOR:
City Manager
By:
Name:
Director of Public Works Title:
Director of Administrative Services
Taxpayer I.D. No.
Manager Contract Administation
(for: Risk)
APPROVED AS TO FORM:
Senior Asst. City Attorney
CITY of PALO ALTO: Fire Stn.#3/Charleston Road (Rev.12/96)Page 7 of 8
FORMAL CONTRACT City of Palo Alto
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
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 (Seal)
END OF SECTION
CITY of PALO ALTO: Fire Stn.#3/Charleston Road (Rev.12/96)Page 8 of 8