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HomeMy WebLinkAbout1997-05-12 City Council (11)........ City of Palo Alto City Manager’s Report 2 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER AGENDA DATE: MAY 12, 1997 DEPARTMENT: PUBLIC WORKS CMR:232:97 SUBJECT:AWARD OF CONTRACT TO O’GRADY PAVING INC. FOR THE 1997 STREET RESURFACING PROGRAM This is a request for approval of a contract with O’Grady Paving Inc. in the amount of $1,551,616.02 for the 1997 Resurfaeing Program. Staff recommehds that. Council : 1.Approve and authorize the Mayor to execute the attached ~contract with O’Grady Paving Inc. in the amount of $1,551,616.02 for the 1997 resurfaeing program. Authorize the city Manager or her designee to negotiate and execute one or more change orders to the contract with O’Grady paving Inc. for related, additional but unforeseen work which may develop during the project, the total value of .which change orders will not exceed $160,000. The award of this contract is consistent withexisting policies. The work to be performed under the proposed contract is foroverlaying 9 lane-miles and slurry sealing 8 lane-miles of Citystreets, of which 6 of the .17 total lane-miles are located south of Oregon Expressway. As part of the resurfaeing program curb ramps, complying with ADA guidelines, will be installed on streets that will be overlayed; curb and gutter will be replaced where gutter flow is restricted and the structural integrity of the street is CMR:232:97 Page 1 of 3 degraded; and sidewalk will be replaced where it meets the criteria in the City’s replacement policy. The project also includes slurry sealing three downtown parking lots (C, F and T), and overlaying Alma Street between Addison Avenue and Oregon Expressway with new pavement. Following the award of contract, businesses .and residents affected by the project will be notified. The contractor will also hand-deliver door-hang notices seven days, and again 72 hours, in advance of the construction work. Work is expected to start in June and be . completed by November. Due to the high volume of traffic along Alma Street, posted speed limits will be reduced appropriately during the construction period. Motorist information signs warning of delays and giving work hours and duration will also be installed prior to beginning work along this section of roadway. A notice inviting formal bids for resurfacing was sent on April 1, 1997, to 13 builders’ exchanges and 5 general contractors who picked up bid packages. The bidding period was 29 days, Which was sufficient as evidenced by the number of bids received for the project. Bids were received from5 qualified contractors on April 29, 1997, as listed on the attached bid summary (Attachment A). Bids ranged from a high of $1,828,785.95 to a low bid of $1,551,616.02. All general contractors responded with a bid. Staff reviewed all,bids submitted and recommends that the bid submitted by O’Grady Paving Inc., be accepted and that O’Grady Paving Inc., be declared the lowest responsive and responsible bidder. The bid is 21 percent below the engineer’s estimate of $1,962,902.15. Staff checked references supplied by the contractor for previous work performed and found. no significant complaints. Staff also checked the Contractor’s State License Board and found that the contractor has an active license on file. Funds are budgeted in CIP 9630, Street Maintenance; CIP47711, Collection System Improvements (curb and gutter related improvements); and the Public Works operating budget (parking lot improvements). In addition, staff has filed an application for a grant under the State-Local Transportation Partnership Program, which may reimburse a portion of the expenditures. Any revenues which are received for this year’s project will be budgeted in next year’sprogram. C’MR:232:97 Page 2 o~’ :~ ENVIRONMENTAL ASSESSMENT The project is exempt from the provisions of the California Environmental Quality Act and no further environmenta! review is necessary. ATT~kCItMENT~ A -. Bid Summary B - List of Overlay Streets C - List of Slurry Seal Streets D - Contract PREPARED BY: John A. Carlson, Acting Assistant Director DEPARTMENT HEAD REVIEW: GLENN S. ROBERTS. Director of Public Works CITY MANAGER APPROVAL: HARRISON Assistant City Manager Page 3 of 3 88 8 F-0ILl 0 OVERLAY STREETS 1997 STREET MAINTENANCE PROJECT 1 2 3 4 5 6 7 9 10 11 13 14 15 16 17 18 19 STREET NAME Alma Street Bryant Street Bryant Street El Camino Way Emerson Street Georgia Avenue Grove Avenue Leland Avenue Wavedey Street Waverley Street Alannah Court Homer Avenue Loma VerdeAvenue Marshall Drive Redwood Circle Stockton Place. Alley By Senior Ctr. Ash Street BEGIN Addison Avenue El Verano Avenue Everett Avenue El Camino Way Forest Avenue Donald Drive ¯ East Meadow Drive El Camino Real El Carmelo Avenue Nevada Avenue Rhodes Drive Middlefield Road Alma ~Stre, et Ross .Road Bryant Street Loma Verde Avenue Ramona Street Sherman Avenue END Oregon Expressway E. Meadow Drive Lytton Avenue End Homer Avenue End Mayview Avenue Ash Street El Dorado Avenue oregon Avenue End Guinda Street Cowper Street Moreno Avenue Roosevelt Circle Vernon Place Bryant Street SLURRY SEAL STREETS 1997 STREET MAINTENANCE PROJECT 1 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 STREET NAME Aracdia Place Campana Drive Campana Drive Cass Way Cereza Drive Churchill Avenue Cow, per Street Emerson Street Encina Grande Avenue Julie Court La Jennifer Way Laguna Court Mc Gmgor Way Mc Gregor Way N. California Avenue Paradise Way Parking Lot C Parking Lot F Parking.Lot T Scale Avenue Tennyson Avenue Vista Avenue ’ Washington Avenue BEGIN Newell Road Los Robles Avenue Florales Drive Bah’on Avenue Amaranta Avenue Alma Street Seale Avenue. Churchill Avenue Amaranta Avenue Matedero Avenue El Centro Street Laguna Avenue Paradise Way , Ilima Way Alma Street Mc Gregor Way Webster Street Alma Street Verdosa Drive Emerson Street END End Encina Grande Avenue Encina Grande Avenue End Solana Drive Embarcdero Road Santa Rita Avenue Oregon Expressway Verdosa Drive End End, End End Paradise Way Middlefield Road End Cowper Street Bryant Street Goebel Avenue Alma Street FORMAL CONTRACT -R,ECTION 00500 CONTRACT No, (Public Work) This Contract, number__ dated -.~, is entered into by and between the City of Palo Alto, a. ch~ftered city and a.municipal corporation of the State of California ("City"), and O’Grad¥ Pavina. In,, a C~, (’*Contractor"). !For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor ("the parties") agree: . Terml This Contract shall commenceand be binding on the parties on t~e 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 datb 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 Scope of Proiect and Work, C~ntractor shall furnish labor, services, materials and equipment in connection with the construction of the Projectand 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: PROJECT TITLE:.1997 STRF-ET MAINTENANCE.PROGRAM TOTAL BID:$.1.,~5_~..1_~ " Contract Documents. This Contract Shall:onsist 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 an~ 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.Notice Inviting Formal Bids. 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 Re.port. 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. ~Zlg.~J:LSJ~Q. In consideration of Contractor’s performance of its obligations hereunder, (~ity 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 inthe Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time CITY o.f PALO ALTO: (95159)SECTION 00500-1 o~ 8 FORMALCONTRACT SECTION 00500 forth in the Contract Specifications and ~he Standard Drawingsand Specifications (1992), or, if no time is stated, within thirty (30)Da.ys of the date of receipt of Contractor’s invoices. . . JD_S_.ttEP_D.q~. On or before the Date of_ E.xecution, Contractor shall obtain and maintain the policies of 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 ot any person performing labor or services or supplying materials or equipment Under the P.roject. 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. = So 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, expense§; liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly, at anytime 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 whicl~ .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 Cot~tract, except as may arise from the so!e 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 Gontract, or arising thereafter. To theextent Contractor will use hazardous materials in connection wi~h 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, de.mpnds, 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. §i§9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. §§6901-6992k, as amended); the Toxic Substances C~ntrol Act (15 U.S.C. §§2601-2692, as amended); the Carpenter-Presley-Tanner HazaPdous Substance Account Act (Healt.h & 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 ~torage of Hazardous Substances Act (Health & Safety Code, §§25280~25299.7,.as amended); or under’any other local, state or federal law, statuteor ordinance, or at common law. .. ~JJZ]DJJgJ~J.~. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occdr in, on, or about the Project site at any time and in any manner, excepting such loss, injury, dr damage as may be caused by the sole willful act or negligent act or omission of City or any of its. Council members, officer.s, employees, agents or representatives. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver CITY of PALO ALTO: (95159)~.SECTION 00500-2 of 8 FOR MAL CONTRACT SECTION 00500 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 C0n~ractor in strict corn pliance with the covenants, terms and conditions of this Contract. : :. -- i’- - ; _--" " o w . 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 aqy provision of all.recorded documents affecting the Project site, insofar as any are required by re.ason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.- ._~ 10. 11. J~.0.D.~. 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. . ------a, " -. 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 usedduring 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 theNotlce of Substantial Completion, or, if n~ such notice is required to be filed, on the date that.final payment is made h~reunder; Any manufacturer’s warranty obtained by Contractor shali be obtained Or shall be deemed obtained by Contractor for and in behalf of City. : Any information submitted by Contractor prior to the awar.d of Contract, or thereafter, upon request, whether or not submitted under a contin.uing obligation by the terms of the Contract to do so, is true and correct .at the time such informdtion 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; 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 CITY of PALO ALTO: .(95159)SECTION 00500-3 of 8 FORMAL CONTRACT SECTION 00500 hJ 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 per.~on 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 affeot Contractor’s ability to per~[.or~n 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 d~iring the ter.m o.f this Contract~ kg 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 Projectsite and has full knowledge of the physical conditions of the Project site. ~ 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. J ---- -.-. 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. ~dJiE~X._~=J~. During the term of this Contract and for a period of riot less than thr~e (3) years after the expiration or earlier termination of this_. Contract, City shall have the right to audit Contractor’s Project-related arid 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. J~_O_t[£.~.. All agreements, aPpointments,- approvals, a’uthorizations,’claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party tothe 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 b.y private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephoSe 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 byfacsimile transmission. To City: CITY of PALO ALTO: (95159) City of Palo Alto City Clerk 250 HamiltonAvenue, Palo Alto, CA 94303 P.O. Box 10250 SEC.TION 00500-4 of 8 FORMALCONTRACT SECTION 00500 Copy to:City of Palo Alto Public Works Department 250 Hamilton Avenue P.O. Box 10250 Palo Alto~ CA 94303 PHONE:(415) 329-2502 To Contractor: ATTN:Elizabeth Ames -Project Manager O’Grady Paving, In~. 2513 Wyandotte St. Mr. View, CA 94043 PHONE: (415) 966-1926 FAX:.. (415) 966-1946 16, 17. ATTN: Craig E. Young, VP Aoorooriation of Cih,_ 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 wdting in accordance with applicable Laws. This Contract shall terminatewithout penalty (i) at the end of any fiscal year in the event that funds are notappr~priated for the followingfiscal year, or (ii) at any time with.in a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and fundsfor this Contract are no logger available. This Section 16 shall contro/in the event of a conflict with any other provision of this Contract. Miscellaneous.--. -~- a.Bailee Disclaimer. The parties understand and agree that City¯does not purport to be Cont,’actor’s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor. bo eo 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 ~et forth in Section I of the Standard Drav~ings 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 CITY of PALO ALTO: (95159)SECTION 00500-5 of 8 FORMAL CONTRACT SECTION 00500 construction or interpretation of any part of this Contract. go ho Incorporation of Documents. All docaments 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 that are not incorporated in this Contract. Modification of Agreement. This Contract shall notbe modified or be binding upon the paffiesl 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. Contractorshall 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. mo no o go 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. Status of Contractor. In the exerciseof rights and obligations under this Contract, Contractor acts as an independentcontract0rand 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 thecalculation 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 aSaturday, Sunday, or any Day observed as a 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 p~rty 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. 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: (95159)SECTION 00500-6 of 8 FORMAL CONTRACT SECTION 00500 IN WITNESS WHEREOF, the parties have by their duly app.ointed 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 Clerk A’PPROVED: CITY OF PALO ALTO By: Its: Mayor CONTRACTOR: City Manager Director of Public Works Director of Administrative Services Name: By: Title:. L)~b Taxpayer I.D. No. ~ -~3~c~, ¯ __ Manager,.Contract Administation APPROVED AS TO FORM: Senior Asst. City Attorney CITY of PALO ALTO: |95159}SECTION 00500-7 of 8 FORMAL CONTRACT SECTION 00500 CERTIFICATE. oF ACKNOWLEDGMENT (Civil Code § 1189) On n~.~( ~-} L’~97 in and for said County, personally, appeared ,before me, t~l~l.~p. ~lVl~DUi21 ,a notary public , personally known to me .... ) to be the person(~z) whose name(~ is/ar~ subscribed to the within instrument and acknowledged.to me that he/sl~/th~y executed th6 same in his/l~r/tl~ir authorized capacity(ie~), and that by his/h~r/the)f signature(~f on the instrument the person(~/), or the entity upon behalf of which the p~rson(~ acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) END OF SECTION CITY of PALO ALTO: (95159|SECTION 00500-8 of 8