HomeMy WebLinkAbout1996-06-17 City Council (46)nUDGET 1996-98
TO:
City of Palo Alto
City Manager’s Report20
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: Community Services
AGENDA DATE: June 17, 1996 CMR: 288:96
SUBJECT:Award of Contract to Zongar Johnson Construction for City Facilities
and School Equipment Repair
This report requests that Council approve and authorize the Mayor to execute a contract with
Zongar Johnson Construction for City facilities and school equipment repair.
RECOMMENDATIONS
Staff recommends that Council:
Authorize the Mayor to execute the attached contract for a maximum of thirty-six
consecutive months with Zongar Johnson Construction in the amount of $145,500 for
equipment repair services commencing on July 1, 1996.
Authorize the City Manager, or her designee, to negotiate one or more change orders to
the contract with Zongar Johnson Construction to cover additional related but
unforseen work. The value of these change orders will not exceed $14,550 for the thirty-
six-month period.
POLICY IMPLICATZOXS
There are no policy implications associated with this contract.
EXECILT]VE SUMMARY
The Parks and Golf Division contracts for specific infrastructure repair services. This service
provides repair and maintenance due to vandalism and infrastructure decline, and improves
facility aesthetics. This contract includes repairs, maintenance and the installation of park
furniture, benches, playground equipment and fences. The areas include City porks, Jordan
School, Walter Hays School, JLS School, and minor repairs at the Municipal Golf Course.
CMR:288:96 Page 1 of 3
This annual contract incl. Js $18,500 for budgeted park repairs . 0,000 for park related C.I.P.
improvements; $5,000 for PAUSD school repairs to athletic field amenities; and $5,000 for
facility repairs at the Municipal Golf Course.
The requirements of the bid agreement allow for negotiations on cost sixty days prior to each
twelve-month anniversary date. A new competitive bid process will be held if negotiations on
the hourly repair rate cannot be agreed upon. The agreement may be extended for two additional
twelve-month periods for a maximum of thirty-six consecutive months.
BIILE3LMSIIATJO~
A competitive bid process was initiated in February 28, 1996. Bids were solicited from eleven
qualified contractors. Seven contractors attended a mandatory pre-bid meeting, which was held
on March 7, 1996. A four-week bidding period was allotted, giving contractors sufficient time
for developing bids on this time and materials contract. Staff believes this bidding period was
adequate, because the contractors did not need to visit or evaluate any City facilities. A bid
opening was held on March 26, 1996. Three contractors responded to the bid process; four
contractors chose not to bid and their comments are included in Exhibit A.
Staff evaluated the bid responses using the following criteria:
Ability of the contractor to conform to specifications;
Previous experience and record of satisfactory performance;
Ability to supply the necessary personnel, resources, expertise and materials to
meet all contract requirements;
An extensive equipment list that is available at the same hourly labor rate
specified in the contract to complete a variety of repairs;
The lowest responsible bidder whose bid meets the requirements set forth in the ’
bid document.
Zongar Johnson Construction submitted the lowest responsible bid. This company has been
responsive, capable, and creative when repairing park furniture.
The bid from Rushford Construction has an increased labor rate, depending on the type of
equipment utilized during a repair. The bid from Bruns Belmont Construction was $20 an hour
above the lowest responsible bidder. Staff believes that rebidding this contract would result in
substantial additional administrative cost and would not result in either additional bids or
reduced costs.
CMR:288:96 Page 2 of 3
Staff has checked with tl -’,tate Contractor’s Licensing Board
license to be current, active and free of claims.
found Zongar Johnson’s
The total bid amounts are shown on the attached bid summary, Exhibit "A."
FISCAL IMPACT
This contract represents an 11 percent hourly cost increase over present cost for these services, or an
additional $5,300 annually. Under Mission Driven Budgeting, the department is able to reallocate
funding from other areas in the budget to cover this cost increase. Staff anticipates that the additional
funding will come from City Facilities, but that this reallocation will not result in any change in related
measures for that major activity.
ENVIRONMENTAL ASSESSME]SLT
The project is categorically exempt from the California Environmentai Quality Act (CEQA) under
section 15303 of the CEQA Guidelines.
ATTACHMENTS
Exhibit "A" Bid Summary
Exhibit "B" Contract
PREPARED BY: Robert Ward, Parks Supervisor
PAUL THILTGEN
Director of Community Services
CITY MANAGER APPROVAL:
CMR:288:96 Page 3 of 3
ARachment A
Tabulation of BidResults
TRIe of Bid: City Facility & School Equipment Repair
Bid Opening: March 26, 1996 at 3:00 p.m.
Contractor Bid cost per labor hour
John Plane Construction No Bid - Scope of work did not fit in with
what they do.
Mongrid Construction No Bid - Size of job does not fit in with work
load.
Zongar Johnson 45.00/hr
Bruns Belmont Construction 65.00/hr
Rushford Construction 48.50Par
Paul Gardner Construction No bid - Too busy to commit for length of
contract.
Jerry Suindel Jrs. Construction No Bid - Did not like conditions of job.
The following contracts received bid invitations, but did not attend the mandatory pre-bid
meeting:
1.Gary D. Keith Too Busy
Keith Building contractors
Los Altos
2.James Oh Too Busy
3-J Contruction
Fremont
3.Coulter Construction Not interested
Mountain View
4.C.J. Love Construction Not interested
Palo Alto
FORMAL CONTRACT SECTION 00500
CONTRACT
(Public Work)
This Contract, d~ted , 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 Zonqar Johnson Construction
("Contractor").
For and in consideration of the covenants, te;ms, 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.
General SCope of Proiecl; 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:. City Facilities & School E(]ui~ment Repair & Maintenance
.Base Bid: "$ 145,500
Add Alternates (if any):$.
Total Bid: $ 145,500
NO.: #85751
Contract Docu.ments. 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.
mo
This Contract.
Notice Inviting iFormal 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).
h~ny other document not expressly mentioned herein which is issued by City or entered into by the
parties.
CITY of PALO ALTO: General Formal Contract (w/HAZMAT) (10195)SECTION 00500-1 of 8
FORMAL CONTRACT SECTION 00500
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay
to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract
and upon the receipt of written invoices and all necessary supporting documentation within the time set
forth in the Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time
is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices.
Insurance. On or before the Date of Execution, 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 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, li~ns, penalties, suits, or judgments, arising, in wl~ole or in
part, directly or indirectly, at any time from any injury to or death of person~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 wl~ich arises from conduct
for which any Law may impose strict liability on Contractor in th~ 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, inderfinify, 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 Hazardbus Substances Act (Health &
Safety Code, §§25280-25299.7, as amended); or under any other local, state or federal law, statute or
ordinance, or at common law.
Assumption of Risk.’ Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to
the property of Contractor which may occur in, on, or about the Project site at any time and in any 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 o.f its Council members, officers, employees, agents or representatives.
CITY of PALO ALTO: General Formal Contract (w/HAZMAT) (10/95)SECTION 00500-2 of 8
FORMAL CONTRACT SECTION 00500
10.
11.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waive#
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 operateas 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
administratiorl 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.
Comoliance 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.
..~.9_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.
ReDresentations 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;
Any mate.rials 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;
eo
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, conspi~’ed, or agreed, directly or indirectly, with any person in regard
to the terms and con~iitions of Contractor’s Bid, except as may be permitted by the Notice Inviting
Formal Bids;
go Contractor has the power and authority to enter into this Contract with City, ~hat 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: General Formal Contract (w/HAZMAT) (10/95)SECTION 00500-3 of 8
FORMAL CONTRACT SECTION 00500
the person or persons authorized to bind Contractor;
Contractor has not. made an attempt to exert undue influence with the Purchasing Manager or
Project Manager or any other person who has directly contributed to City’s decision to award the
contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially
affect Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports,
resolutior~s, 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.
12.Assiqnment. This Contract and the performance required hereunder is personal to Contractor, and it shall
not be assigned by Contractor. Any attempted assignment shall be null and void.
13.Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract
Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by
certified or registered mail within ten (10) Days after the claim arose or within such other time as may be
permitted or required by law, and shall be described in sufficient detail to give adequate notice of the
substance of the’ claim to City.
14.Audits bv City. During the term of this Contract and for a period of not less than three (3) years after the
expirat.ion 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.Notices. All agre.ements, appointments, approvals, authorizations, claims, demands, Change Orders,
consents, designations, notices, offers, requests and statements given by either p.arty 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: General Formal Contract (w/HAZMAT) (10/95)SECTION 00500-4 of 8 "
FORMAL CONTRACT SECTION 00500
Copy to:City of Palo Alto
Department of Community Services, Parks and Golf Division
250 Hamilton Avenue
P.O. Box 10250
Palo Alto., CA 94303
(415) 496-6962
FAX: (415) 496-5925.
A’I-i’N: Robert Ward, Project Manager
To Contractor:Zonqar Johnson Construction
1650 Meadow Lark Lane
Sunnyvale, CA 94087
(408)720-9851
FAX: (408)720-9850
16.’
17.
A’i-i’N: ZongarJohnson
Appropriation of City Funds. This Contract is subject to the fis~’.al 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 f~scal year in the event that funds are not appropriated
for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are only appropriated for
a portion of the fiscal year and funds for. this Contract are no longer available. This Section 16 shall control in the
event of a conflict with any other provision of this Contract.
Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee,
and City is, therefore, not responsible for any damage to the person.al property of Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall bein writing and shall be executed by a person having the express authority to grant such
approval or consent.
Contro!ling 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 o~bligations 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: General Formal Contract (w/HAZMAT) (10/95)SECTION 00500-5 of 8
FORMAL CONTRACT SECTION 00500
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.
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 I~)etween 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.
Provisionl Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other
stipulation in the Contract shall define orotherwise 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
writin, g, 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.
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 essen(~e 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
Busines .s Day.
Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such
action shall be vested excl.usively 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 ~kLTO: General Formal Contract (w/HAZMAT) (10/95)SECTION 00500-6 of 8
FORMAL CONTRACT SECTION 00500
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:
City Manager
By:
Its: Mayor
CONTRACTOR: Zongar Johnson Construction
Name: Zongar Johnson
Director of Community Services Title: Owner
Director of Administrative Services
Taxpayer I.D. No. 505 62 1928
Manager, Contract Administation
APPROVED AS TO FORM:
Senior Asst. City Attorney
CITY of PALO ALTO: General Formal Contract (w/HAZMAT) (10/95)SECTION 00500-7 of 8
FORMAL CONTRACT SECTION 00500
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
as 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.
END OF SECTION
CITY of PALO ALTO: General Formal Contract (w/HAZMAT) (10/95)SECTION 00500-8 of 8