HomeMy WebLinkAbout1997-09-22 City Council (21)City 0f Palo Alto
C ty Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: UTILITIES
AGENDA DATE:
SUBJECT:
September 22, 1997 CMR:393:97
AWARD OF CONTRACT TO WEST VALLEY
CONSTRUCTION COMPANY FOR PHASE XI WATER
MAIN REPLACEMENG PROJECT
This is a request for approval of a contract with West Valley Construction Company in
the amount of $1,894,760 for Phase XI Water Main Replacement Project.
RECOMMENDATIONS
Staffreeommends that Council:
1.Approve and authorize the Mayor to execute the attached contract with
West Valley Construction Company in the amount of $1,894,760.
g Authorize the City Manager or her designee to negotiate and execute one or
more change orders to the contract to cover additional but unforeseen work
which may develop during the project: The value of the change orders shall
not exceed $189,476.
POLICY IMPLICATIONS
The award of this contract is consistent with existing City policies.
EXECUTIVE SUMMAt~
Project Descri.~~tion
The work to be performed under this contract is for Phase XI Water Main Replacement
CMR:393:97 Page 1 of 3
(Project), which involves the installation of approximately 15,840 linear feet of new water
main and services (see project location map attachment C). The Project maintains an
approximate 26-year r(placement cycle for the cast iron portion of the City’s water
distribution system.
As the City’s water distribution system ages, it bec,omes necessary to replace the mains.
Replacement becomes necessary when the existing mains show signs of extensive
corrosion, are subject to recurring breaks which cause significant maintenance
expenditures, or when the construction materials prove to be inadequate. In very old
water systems, such as the one in Palo Alto, some mains are inadequate in size to supply
the required flows and pressure.for fire protection. Staffhas identified the mains in this
project as mains which are subject to breaks.
Bid Process.
Requests for bids ~for Water Phase XI Water Main Replacement Project were sent by
purchasing to seven (7) builder exchanges and seven (7) contractors. The bidding period
was 30 calendar days, with a pre-bid meeting held on August 4, 1997. Two (2)
contractors attended the non-mandatory pre-bid meeting. Bids were received from two
qualified contractors on August 19, 1997, as listed on the attached bid summary
(Attachment A). Bids ranged from a high bid of $2,643,250 to a low bid of $1,894,760.
Those contractors not responding indicated that they were too busy to bid.
Staff has reviewed all bids submitted and recommends that the low bid of $1,894,760
submitted by West Valley Construction Company be accepted by Council as the lowest
responsible bid and that the contract be awarded accordingly. The low bid is
approximately six percent (6%) above the engineer’s estimate of $1,770,230. The change
order amount of $189,476, which equals 10 percent of the total contract, is reques.ted
because of the possibility of additional related but unforeseen work.
Staff checked references supplied by West Valley Construction Company, the contractor,
for previous work performed by West Valley Construction Company and found no
complaints. Staff also checked the contractor’s license with the State of California, and it
is currently active with no existing complaints on file.
Funds for this project are included in the FY 1997-98 budget.
CMR:393:97 Page 2 of 3
ENVIRONMENTAL ASSESSMENT
This project was considered to be categorically exempt as part of the Council approval of
the Water Main Replacement CIP and no further environmental review is necessary.
ATTACHMENTS
Attachment A:Bid Summary
Attachment B:Contract
Attachment C:Project Map
PREPARED BY: Roger Cwiak
DEPARTMENT j.
Director of Utilities
CITY MANAGER APPROVAL:
Assistant City Manager
ClVIR:393:97 Page 3 of 3
E
ATTACHMENT B
This Contract, dated
city and a municipal corporation of the State of California ("City")
Construction Company, Inc., a California Cor_Dorati.on, ("Contractor").
FORMAL CONTRACT SECTION 00500
CONTRACT
(Public Work)
Utilities Engineering
x...~__, is entered into by and between the City of Palo Alto, a chartered
, and West Valley
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 l~his 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.
General Sco_De of Pro_iect and Work. Contractor shall furnish labor, services, materials
and equipment in connection with the c0nsl~ruction of the Project and complete the Work
in accordance, with the covenants, terms and conditions of this Contract to the satis-
faction of City. The Project and Work is generally described as follows:
Title of Project:
Base Bid:
WATER MAIN REPLACEMENT - PHASE XI
$ 1.640.6.60,00
NO.: # 33326
Add Alternates (if any): $ 254.100.00
Total Bid:$ 1.894.760,.00
Contract Documents. This Contract shall consist of. the documents set forth below,
which are on file with the City Clerk and are hereby incorporated by reference. For the
purposes of construing, interpreting and resolving inconsistencies between and among
the provisions of this Contract, these documents and the provisions thereof are set forth
in the following descending order of precedence.
A’L .....8 -CITY OF PALO TO: UTILITIES ENGINEERING FORMAL CONTRACT (9 265)SECTION 00500-1 OF 11
ATTACHMENT B
FORMAL CONTRACT SECTION 00500
a=
g.
h.
I.j.
k.
I.
This Contract.
Notice Inviting Formal Bids. ’
Project Specifications.
Drawings.
Change Orders.
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.
=
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 da~e of receipt of Contractor’s invoices.
~. On or before th~ 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
withoriginal 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.
6;Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its
Council members, officers, employees, agents and representatives harmless from and
CITY OF PALO ALTO: UTILITIES ENGINEERING FORMAL CONTRACT (98265)SECTION 00500-:2 OF 11
ATTACHMENT B
FORMAL CONTRACT SECTION 00500
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, exceptas 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~oas 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); theSafe 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. ¯
=
AssumDti0n of Risk. Contractor agrees to voluntarily assume any and allrisk 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: UTILITIES ENGINEERING FORMAL CONTRACT (98265)SECTION 00500-3 OF 11
ATTACHMENT B
FORMAL CONTRACT SECTION 00500
~. 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 Co’ntract 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.
Com_oliance 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.
10.
11.
~_0_Qd_S.. 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.
Re_~resentations and Warranties. In the supply Qf any materials and equipment and the
rendering of labor and services during the course and scope of the Project and Work,
Contractor represents and warrants:
a=Any materials and equipment which shall be used during the course and scope of
the Project and Work shall be vested in Contractor;
Any materials and equipment which shall be used during the course and scope of
the Project and Work shall be merchantable and fit to be used for the particular
purpose for which the materials are required;_
C=Any labor and services rendered and materials and equipment used or employed
during the course and scope of the Project and Work shall be free of defects in
workmanship for a period of one (1) year after the recordation of the Notice of
Substantial Completion, or, if no such notice is required to be filed, on the date
CITY OF PALO ALTO: UTILITIEs ENGINEERING FORMAL CONTRACT (98265)SECTION 00500-4 OF 11
ATTACHMENT B
FORMAL CONTRACT SECTION 00500
that final payment is made hereunder;
dm 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;
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;
k=
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
Contractor has fully examined and inspected the Project site and has full
knowledge of the physical conditions of the Project site.
CITY OF PALO ALTO: UTILITIES ENGINEERING FORMAL CONTRACT (98265)SECTION 00500-5 OF 11
ATTACHMENT B
FORMAL CONTRACT SECTION 00500
12.Assignment;. This Contract and the performance required hereunder is personal to
Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall
be null and void.
13.
14.
Claims of Contractor. All claims pertaining to extra work, additional charges, or delays
within the Contract Time or other disputes arising out of the Contract shall be submitted
by Contractor to City in writing by certified or registered mail within ten (10) Days after.
the claim arose or within such other time as may be permitted or required by law, and
shall be described in sufficient detail to give adequate notice of the substance of the
claim to City.
Audits bv CitN. 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.
15.~. 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 (t) personally served, (2) sent by the United States mail, postage
prepaid, (3) sentby 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: UTILITIES ENGINEERING FORMAL CONTRACT |98285)SECTION 00500-6 OF 11
ATTACHMENT B
FORMAL CONTRACT SECTION 00500
Copy to:City of Palo Alto
Utilities Department, Engineering
250 Hamilton Aver~ue, Third Floor Civic Center
Palo Alto, CA 94301
ATTN.: Charles Borg, Project Manager
(415) 329- 2_2~z.6__4_
FAX: (415) 329-2608.
To Contractor:
PHONE:(___)
FAX: (__.)
ATTN.:
16.r~ion of City F~. This Contract is subject to the fiscal provisions.of Article III,
Section 12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services,
materials and equipment may accrue only after such expenditures have been approved in
advance in writing in accordance with applicable Laws. This Contract shall terminate without
penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal year, or (ii) at any time within a fiscal year in theevent 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.
Bailee Disclaimer. T.he 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.
CITY OF’PALO ALTO: U~TIDTIES ENGINEERING FORMAL CONTRACT |98265) ......SECTION 005’00-7 OF 11
ATTACHMENT B
FORMAL CONTRACT SECTION 00500
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 apl~roval or consent.
Co 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.
e°
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 sh~eemed to be in ~~a-ult ~"n account of anyde~y
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.
g°
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.
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.
hg Integration. This Contract and any amendments hereto .between the parties constitute
the entire agreement between the parties concerning th~ 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
CITY OF PALO ALTO: UTILITIES ENGINEERING FORMAL CONTRACT (88265)SECTION 00500-8 OF 11
ATTACHMENT B
FORMAL CONTRACT SECTION 00500
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. -
go
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.. -
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 C_i_ty 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.
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.
CiTY OF PALO ALTO: UTILITIES ENGINEERING FORMAL CONTRACT (98;265)SECTION 00500-9 OF 11
FORMAL CONTRACT
ATTACHMENT B
SECTION 00500
ATTEST:
City Clerk
APPROVED:
City Manager
Director of Utilities
Director of Administrative Services
Manager, Contract Administration
APPROVED AS TO FORM:
Senior Asst. City Attorney
CITY OF PALO ALTO
By:
Its: Mayor
CONTRACTOR:
BY:
Name:
Title:
Taxpayer I.D. No.
CITY OF PALO ALTO: UTILITIES ENGINEERING FORMAL CONTRACT (98265)SECTION 00500-10 OF 11
ATTACHMENT B
FORMAL CONTRACT SECTION 00500
STATE OF
COUNTY OF
On
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
, befnr~, rn~-,
~, a notary public in and for said County, p .r_~nn~llv ~nn~.~r~.rl
_ , 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 hislherltheir 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.
END OF SECTION
-CITY OF PALO ALTO: UTILITIES ENGINEERING FORMAl= CONTRACT (98265)SECTION 00500-11 OF 11
ATTACHMENT C
PALO ALTO