HomeMy WebLinkAbout1996-04-01 City Council (17)City of Palo Alto
City Manager’s Repor
7
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: Community Services
AGENDA DATE: April 1, 1996 CMR: 197:96
SUBJECT:Award of Construction Contract to Pacheco Brothers Gardening,
Inc., for Installation of Water Backflow Devices at City Facilities, CIP
19414
This report requests that Council award a contract to Pacheco Brothers Gardening, Inc., in the
amount of $108,604 for installation of water backflow devices at City facility landscaped areas.
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Pacheco Brothers
Gardening Inc., for $108,604 to install water backflow devices at City facilities.
Authorize the City Manager or her designee, to negotiate and execute one or more
change orders to the contract with Pacheco Brothers Gardening Inc., for related but
unforeseen work. The total value of these change orders shall not exceed $16,291. A
contingency of 15 percent is requested. Phase I of the backflow installations, which was
recently completed, revealed many unknown conditions of existing underground water
lines that resulted in replacement and additional repair work, in addition to the
installation of the backflow devices. Additional contingency funds are requested due to
the complexities of these installations.
The installation of water backflow devices is consistent with the Environmental Resources
section of the Comprehensive Plan, fulfills the requirements of Title 17 of the California Code
of Regulation, and the City Utilities Department Rule and Regulation 21.D.
MARY
This contract requires the installation of water backflow devices at 101 municipal water meter
locations throughout City landscaped areas. These devices prevent the contamination of the
CMR: 197:96 Page 1 of 3
City’s potable water supp~ system, by ensuring that water from, site pipelines will not flow
back into the water mains. The project plans and specifications have been reviewed and
approved by the Utilities Department’s Cross Connection Control Supervisor.
Staff has designed this project to minimize the visual impacts of the water backflow devices.
At the beginning of the design process, staff met with the City’s CIP Design Consultant ( Town
Architect) at each of the project sites to discuss placement of the devices and recommended
screening techniques. Whenever possible, the devices were placed within existing landscaping
or in an inconspicuous location, to screen them from view. In cases where the devices must be
placed in an exposed location, new landscaping will be planted around the devices, or they will
be enclosed within a polyurethane cover that resembles a boulder. The project was submitted
to the Planning Division for architectural review, and was administratively approved as a
"minor project" by Planning staff.
Bid Process:
A competitive bid process was initiated on January 23, 1996. Bids were solicited from twelve
qualifiedplumbing contractors. A four and one-half week bid period was allotted, giving
contractors sufficient time to prepare bids for this project. A mandatory pre-bid meeting was
held on February 7, 1996, with six contractors attending, as listed on attachment "A."
Bids were received from six qualified contractors (see attachment A). Two bids of the six
submitted were "No Bids." Bids ranged from a high of $151,600 to a low bid of $108,604. The
low bid, including the contingency, is $21,000 or 14 percent below the staff estimate of
$146,000.
Six contractors did not attend the mandatory pre-bid meeting, stating that they were busy on
other projects.
Staff has reviewed all bids received and recommends that the low bid of $108,604 (including
the base bid and added alternate bid items 1-8) submitted by Pacheco Brothers Gardening, Inc.
be accepted by Council, and that they be determined to be the lowest responsible bidder. Staff
contacted the Contractor’s State License Board and verified that Pacheco Brothers Gardening,
Inc. has an active contractor’s license and that there are no pending disciplinary actions. Staff
also contacted three past clients and found those performances to be satisfactory.
FISCAL IIVIPACT
Funds for this project are available in the Capital Improvement Budget under CIP #19414.
This project is categorically exempt from the California Environmental Quality Act (CEQA)
under Section 15302 of the CEQA Guidelines.
CMR: 197:96 Page 2 of 3
ATTACHMENTS
Attachment A - Bid Summary
Attachment B - Contract: Pacheco Brothers Gardening, Inc.
PREPARED BY:Don Piana, Park Superintendent
Parks and Golf Division
DEPARTMENT HEAD REVIEW:
PAUL THILTGEN
Director of Community Services
CITY MANAGER APPROVAL ~
BE A~ STI~OJ~rV
CMR: 197:96 Page 3 of 3
Attachment A
TABULATION OF BID RESULTS
Project Title:Water Backflow Devices at City facilities
Bid Opening:February 27, 1996 at 3:00 p.m.
Contractor
Engineers estimate
1.
2.
3.
4.
5.
Pacheco Brothers Gardening Inc.
P & A Construction Company
Roto Rooter Plumbing Service
Lone Star Landscape Company
M.C.H. General Engineering
Company
B & B Landscape Contractors
Base bid
(items 1-10)
$134,000
$97,399
$116,000
$114,448
$140,800
No bid. Attended
pre-bid mtg.,did
not leave address
or phone# to
send packet.
No bid--sent bid
in for Peers Park.
Add Alternate No. I
(items 1-8)
$12,000
$11,205
$9,OOO
$8,8O2
$10,800
Project Total
$146,000
$108,604
$125,000
$123,250
$151,600
Contractors who did not attend the mandatory pre-bid meeting:
2.
3.
4.
5.
6.
R.C.S. Associates
Goreaiger & Company
R.V. Hawthorn
Ranger Pipelines, Inc.
Tree to Green Company
Pacific Underground
Too busy/other projects
Too busy/other projects
Too busy/other projects
FORMAL CONTRACT SECTION 00500
CONTRACT
(Public Work)
This Contract, dated . is enter,=c !nto by and between :he City of Palo Alto, a chartered
city and a municipal corporation of the State of California ("City") , and Pacneco Brothers Gardeninq:..Inc.
("Contractor".)
For and in consideration of the covenants, terms, a.-.o conditions ("the provisions") of this Contract, City and
Contractor ("the parties") agree:
Term. This Contract shall commence and be :racing on the paEies on :he Date of Execution of ~his
Contract, and shall expire on the date of recorda::o~. 3f the Notice of Substantial Completion, or, if no such
notice is required to be filed, on the date tiqat-:.nei 3ayment is made hereunder, subject to the earlier
termination of this Contract.
General Scooe of Proiect and Work. Contractcr s.~eil furnish labor, services, materials and equipment in
connection with the construction of the Project arc complete the Work in accordance with :he covenants,.
terms and conditions of this Contract to ~,he sa::sfaction of City. The Project and Work is generally
described as follows:
Title of Project:
Base Bid:
Add Alternates (if any):
Total Bid:
#8~764 Ins~aile::c~ of Water Backflow Devices at C!~v Facilities
St08.60~
SN/A
S108,60~t
Contract Documents. This Contract shall consis~ ~f -.he documents set fo~n below, which are on file with
the City Clerk and are hereby incorporated by reference. For~he purposes of construing, interpreting and
resolving inconsistencies between and among :.-.e srovisions of this Contract, these documents and the
provisions thereof are set forth in the following :escending order of precedence.
ao This Contract.
Notice Inviting Formal Bids.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications ii 992)
Certificate of Insurance, Performance Bond. Labor & Materials (Payment) Bond.
Affirmative Action Guidelines and Compliance Report.
Other Specifications, or part thereof, not exuressly incorporated in the Contract S0ecifications 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: Community Services (3/96~SECTION 00500-I of 7
FORMAL CONTRACT SECTION 00500
Comoensa~ion. In consideration of Contrac*~or’s performance of its obligations hereunder, City shail.~ay
to Contractor the amount set forth in Contractor’s Bid in accordance wit~ the ~rovisions of this Contract
and upon the receipt of written invoices and all necessary supporting documentation within the dm,,e se,:
forth in the Contrac~ Specifications and :he Standard Drawings and Specifications 1992), or, if nc rime
is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices.
Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the poiic;es of
insurance coverage described in the No~,;,ce Inviting Formal Bids on terms and conditions and in amcun[s
as may be required by the RJs~< Manager. City shall no[ be obligated to te,<e out insurance on Contractor’s
personal prope~y or the personai propeR,/of any person performing labor or services or supplying materials
or equipmen~ unoer the Proiec~. Contractor shall furnish City with ~he certificates of insurance ane with
original endorsements affecting coverage reduired under this Contract on or before ~he Date of Execut;.on.
The ceEificates and endorsements for eac.-, insurance policy shall be signed bv a 0erson who is author:zeal
by ~,hat insurer :o bind coverage in its hereof. Proof of insurance shall be mailed to ;~qe Proiect Mar.ager
~o the address set forth in Section 15 of :,qis Contract.
Indemnification Contractor agrees :c¯~,,~c~, defen(J, indemnify and ~oic ~t,/, its Council memcers,
officers, employees, agents and representatives harmless from and agains~ any and all claims, demands,
liabilities, losses, damages, :osts, expenses, liens, penalties, suits, or iucgments, arising, in whole sr in
paE, directly or indirectly, at any dme from any injury to or dea%h of persons or damage to propeEv as a
result of .-.he vviilfui acts or the negiigen~ acts or omissions of Con~rac:or, or which results from Contractor’s
noncompliance with any Law res,oecdng :Re condition, use, occupation or safety of the Project site, or any
part :hereof, or which arises from Contractor’s failure :o do anything re,Juirec under :his Contract sr for
doing anything which Con[rector is required no[ to do under this Contract, or which arises from co~cuc:
for whic.q any Law may impose strict iiauiiitv on Contractor in the performance of or failure to perform :,~e
provisions of this Contract, except as may arise from :iqe sole wiilfui acts or .-,egiigenT, acts oromissions
of City or any of its Council members, 3ff!cers, emoioyees, agents or reoresen~a~ives. -his indemnifica~,~on
shall extend to any and all c!aims, demar, cs, or liens made or filed by reason of any work performed bv
Contractor under t.~is Contrac~ at any ,:~me during the term of this Contrac-,, or arising t~qereafter.
To the extent Contractor will use hazaruous materials in connection with :he execution of its obligations
under this Contract, Corn:rector further axoressty agrees to protect, indemnify, hold harmless and defend
City, its City Council members, officers and employees from and against an,! and all claims, demands,
liabilities, losses, damages, costs, expenses, liens, penaities, suits, or ]udgmemts City may incur, at:sing,
in whole or in par~, in connection wi~h or as a result of Contractor’s willfui acts or negligent acts or
omissions under this Contract, under :r.e Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. § @9601-69-75. as amended); the Resource Conservation anG Recovery Act ,42
U.S.C. §§6901-6992k, as amended); :.me Toxic Substances Control Act (15 U.S.C. §§2601-2692. as
amended); the Carpenter-Presley-Tanner Hazardous Substance Accoun~ Act !Heai~h & Safely Code,
§§25300-25395, as amended); the Hazardous Waste Control Law iHeaith & Safe.~y Code, §§25100-
25250.25, as amended); the Safe DrinKing Water and Toxic Enforcement ,’Act (Health & Safe,:y Code,
§§25249.5-25249.13, as amended); :~e Underground Storage of Hazardous Substances Act (Hea~tn &
Safety Code, §§25280-25299.7, as amended); or under any otheriocai, s~ate or federal law, statute or
ordinance, or at common law.
Assumption of Risk. Contractor agrees to votuntariiy 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 lime and in any manner,
excepting such loss, injury, or damage as may be caused by the sole witlfui act or negligent act or omission
C;TY of PALO ALTO: Community Services (3/96~SECTION 00500-2 of ~7
FORMAL CONTRACT SECTION 00500
of City or any of its Council members, officers, employees, agents or representatives.
Waiver. The acceptance of any payment or pe#ormance, 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 comciy wi~h all Laws now in force or which may hereafter be in
force pertaining to the Project and Work and .-.his 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 officJai as we!J as with any provision of all recordea
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.
Bonds. As a condition precedent to City’s ouiic.ation [o pay compensation ~o Con.~ractor, and on or before
the Date of Execution, Contractor shall furnish :o :he Project Manager the Bonds as required under the
Notice Inviting Formal Bids.
Reoresentado.ns and Warranties. In thesuo0iY of anymateriais and equipment ant ~ne rendering of labor
and services during the course and scope of :he Project and Work, Contractor represents and warrants:
Any materials and equipment which snail be used during the course and scope of ~he Project an0
Work shall be vested in Contractor:
Do
Co
fo
Any materials and equipment which snail be used during the course and scope of the Project an(J
Work shall be merchantable and fi[ to be used for the particular purpose for which the materials
are required;
Any labor and services rendered and materials and equipment used or empio.ved 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 shalt 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 ~erms 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;
CITY of PALO ALTO: Community Services (3/96)SECTION 00500-3 of 7
FORMAL CONTRACT SECTION 00500
t2.
13,
15.
Contractor has the power and authority to enter into this Contract with City, that .-.he individual
executing this Contract is duly authorized to do so by appropriate resolution, and that :his 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 :o award the
contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which wouid materially
affect Contractor’s abiiiw 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 iabor and services under this Proiect are duly ficensed by the
Sta~e of California as required by California Business & Professions Code Section 7028, as
amended; and
Contractor has fully examined and inspectec .-,he Projec: site and has full knowledge of :he physical
conditions of the Project site.
~ssiqnrnent. This Contract and the performance rec;uired hereunder is personal to Contractor, and it shall
not be assigned by Contractor. Any attempted assignment shall be null and void.
Claims of Contractor. All c!aims pertaining to extra work, additional charges, or de!ays within .:he Contract
Time or other disputes arising out of the Contrac: shall be submitted by Contractor to City in writing by
certified or registered mail witlqin ten (10) Days after the claim arose or within such other time as may be
permitted or required by taw, and shall be described in sufficient detail to give adequate notice of the
substance of the claim to City.
Audits by City. During the term of this Contract anO for a period of not iess 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-reiated 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, durlhg 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) personaily 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.
CITY of PALO ALTO: Community Services (3/96)SECTION 00500-4 of 7
FORMAL CONTRACT
To City:
Copy to:
To Contractor:
City of Paio Alto
250 Hamilton Avenue
P.O. Box 10250
Palo Alto. CA 94303
City Clerk
SECTION 00500
City of Palo Alto
DepaRment of Community Services
250 Hamilton Avenue
P.O. Box 10250
Palo Alto. CA 94303
TEL : (415) 496-6910
F.~-~X: (415) 496-5925.
ATTN: Don P!ana. Projec; Manager
,~ac~eco Brothers Gardenina. Inc.
P.O. Box 3366
Havward. CA 9,~540-3366
TEL: (510~ ,~87-3580
FAX: [510~ ,~87-6830
ATT, N: Gary, L. Pacheco
16.
17.
Aoorooriation of City Funds. This Contrac~ is subjec[ to the fiscal provisions of Article 1tl. Secdon 12 of the ChaEer
of the City of Paio Alto. Any charges hereunder for labor, services, materials and equipmem may accrue cniy
after such expenditures have been approved in advance in writing in accordance with applicable Laws. This
Contract shall terminate without penalty (I) a~ ~he 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 appropriatec for
a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in ..’.he
event of a conflict with any other provision of this Comract.
Miscellaneous.
Bailee Disclaimer. The parties’understand and agree that City does not purport to be Contractors baiiee.
and City is. therefore, not responsible for any damage to the personal property of Contractor.
Consent. VVhenever in this Contrac~ 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.
CITY of PALO ALTO: Community Services (3/96)SECTION 00500-5 of 7
FORMAL CONTRACT SECTION 00500
ho
Force Majeure. Neither parw. 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.
Incorporation of Documen[s. All documents constituting the Contract documems described in Section 3
hereof and all documents which may. from time to time. be referred to in any duly executed amendmen[
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 par~ies constitute the entire
agreement be:ween the par~ies concerning the Project and Work. and there are no other prior oral or
written agreemen[s between the parties that are not incorporated in this Con[tact.
Modification of Agreemen[. 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 agreemen[, covenant, condition, clause, qualification, restriction, reseHation, term or other
stipulation in :he Ccntrac~ shall define or othe,~vise control, establish, or limit the performance require,a
or permitted or ~o be required of or permitted by either party. All 3rovisions. whether covenams or
conditions, shail be deemed to be both covenants and conditions.
Resolution. Con[ractor shall submit with its Bid a copy of any corpora[e 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 voio
or unenforceaoie, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. In the exercise of dghts and obiigations 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. ana
Contractor expressiy 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 ~ssigns 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 City of San
Jose.
CITY of PALO ALTO: Community Services (3/96)SECTION 00500-6 of 7
FORMAL CONTRACT SECTION 00500
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 parb/.
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this
Contract in the city of Pato Alto, County of Santa Clara, State of California on the date first stated above.
ATTEST:CITY OF PALO ALTO
By:
City Clerk Its: Mayor
~"APPROVED:
City Manager
Director of Community Services
Director of Administrative Services
CONTRACTOR: Pacheco Brothers Gardening. Inc.
Manager. Contract Administration
APPROVED AS TQ FORM:
Senior Asst. City Attorney
CITY of PALO ALTO: Community Services (3/96)SECTION 00500-7 of 7