HomeMy WebLinkAbout1996-06-24 City Council (29)C ty
City of Palo Alto
Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT:UTILITIES
AGENDA DATE: JUNE 24, 1996 CMR:316:96
SUBJECT:Award of Contract to West Valley Construction Company, Inc.
for Phase X Water Main Replacement Project
REQUEST
This is a request for approval of a contract with West Valley Construction Company Inc. in
the amount of $1,109,695.00 for the Phase X Water Main Replacement Project.
RECOMMENDATIONS
Staff recommends that Council:
1)Approve and authorize the Mayor to execute the attached contract with West
Valley Construction Company, Inc. in the amount of $1,109,695.00 for the
Phase X Water Main Replacement Project.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract with West Valley Construction Company, Inc. for
related, additional but unforeseen work which may develop during the project, the
total value of which change orders shall not exceed $166,450.00.
POLICY IMPLICATIONS
The award of this contract is consistent with existing policies.
CMR:316:96 ¯ Page 1 of 3
EXECUTIVE SUMMARY
P__~roj ect Description
The work to be performed under the contract is for the replacement of 15,840 linear feet of
water main and services, (see attached project location map Attachment C). Phase X of the
Water Main Replacement Project continues an approximate 26 year replacement cycle for
the cast iron portion of the City’s Water Distribution System.
As the City’s water distribution system ages, it becomes necessary to replace the mains.
Replacement becomes necessary when the existing mains show extensive signs of corrosion,
are subject to recurring breaks which cause extensive maintenance expenditures, or when
the materials of construction prove to be inadequate. In very old water systems, such as the
one in Palo Alto, some mains are inadequate in size tosupply therequired flows and pressure
for fire protection. Staff has identified the mains in this project as mains which are subject
to recurring breaks.
Bid Proces.s
A notice, inviting formal bids for the Phase X Water Main Replacement Project, was sent on
May 23, 1996 to eight builders’ exchanges and four contractors. An additional four
contractors received project drawing and specifications as a result of their inquiry through
the building exchanges. The bidding period was twenty days and is in accordance With the
Purchasing Manual Guidelines. A pre-bid meeting was held on May 31, 1996; one bidder
attended the meeting. Bids were received from four qualified contractors on June
11, 1996, as listed on the attached bid summary (Attachment A). Bids ranged from a high
of $1,333,116.00 to a low bid of $1,109,695.00. Contractors not responding indicated that
they did not submit a bid because their existing work loads did not permit them to take on
additional work.
Staff has reviewed all bids submitted and recommends that the bid of $1,109,695.00
submitted by West Valley Construction Company, Inc. be accepted and that West Valley
Construction Company, Inc. be declared the lowest responsible bidder. The bid is 19 percent
below the engineer’s estimate of $1,372,990..00. The change order amount of $166,450.00,
which equals 15 percent of the total contract is requested. Due to the unknown condition of
existing water valves and the high cost of line valve installations, staff is recommending a
project contingency of 15 percent. During the Phase IX installation several customers
experienced shutdowns due to this valve problem. The installation of line valves will result
in minimizing these customer shutdowns.
CMR:316:96 Page_.2 of 3
Staff checked references supplied by the contractor for previous work performedby West
Valley Construction Company, Inc. and found no significant complaints. Staff also checked
with the Contractor’s State License Board and found that the contractor has an active license
on file with no complaints.
FISCAL IMPACT_
Funds for this project are included in the FY 95/96 budget.
ENVIRONMENTAL ASSESSMENT
This project is categorically exempt fi:om the provisions
environmental review is necessary.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
PREPARED BY:
of CEQA and no further
Bid Summary
Contract
Project Location Map
Charles Borg, Roger Cwiak, Romel Antonio
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
Dire, of Utilities
CMR:316:96 Page~3 of 3
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FORMAL CONTRACT
CONTRACT
(Public Work)
Utilities Engineering
ATTAC~hMENT ~
SECTION 00500
This Contract, dated __,y_.., 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 x ,a x , ("Contractor"). ’
Fo’r and in consideration of the coven&nts, terms, and conditions ("the provisions") of this Contract, City and
Contractor ("the parties") agree:
.T_c,B~. 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 Sco0e of Proiect 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’.WATER MAIN REPLACEMENT - PHASE X
Base Bid:$ ¯
Add Alternates (if any): $.
Total Bid: $.
NO,:t~ # 3332~z__
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.
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.
CITY of PALO ALTO: Utilities Engineering Formal Contract (w/HAZMAT} (10/95)SECTION 00500-1 of 8
FORMAL CONTRACT SECTION 00500
.C~omDensation. 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.
]r~surance. 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 begalf. Proof of insurance shall be mailed to the Project Manager to the address
set forth in Section 15 of this Contract.
J~demnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers,
employees, agents and representatives harmless from and against any and all claims, demands, liabilities,
losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or
indirectly, at any time from any iqjury to or death of persons or damage to property as a result of the willful
acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with
any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which
arises from Contractor’s failure to do anything required under this Contract or for doing anything which
Contractor is required not to do under this Contract, or which arises from. conduct for which any Law may
impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract,
except as may arise from the sole willful acts or negligent acts or omissions of City or any of its Council
members, officers, employees, agents or representatives. This indemnification shall extend to any and all
claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract
at any time during the term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations under
this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City
Council members, officers and employees from and against any and all claims, demands,- liabilities, losses,
damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in
connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract,
under the Comprehensive Environmental Response, Compensation grid 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 Drfnking 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.
_A~_sumotion 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 of its Council members, officers, employees, agents or representatives.
CITY of PALO ALTO: Utilities Engineering Formal Contract (w/HAZMAT) (10/95)SECTION 00500-2 of 8
FORMAL CONTRACT SECTION 00500
~_aJ_v_~. The acceptance ~f 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 pa~ 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 b~ 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
othersimilar body now or hereafter constituted, with any discretionary license or permit issued pursuant t6 any
Law of any public agency or official as well as with any provision ~f 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.J~_oJ3~. 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.
11.J~eoresentations 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:
ao 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;
Any labor and services rendered and materials and equipment used or employed during the course and
scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after
the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed,
on the date that final payment is made hereunder;
Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained
by Contractor for and in behalf of City.
eo Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or. not submitte.d 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
shail be executed, delivered and performed pursuant to the power and authority conferred upon the
person or persons authorized to bind Contractor;
CITY of PALO ALTO: Utilities Engineering Formal Contract (v~/HAZMAT) (10/95)SECTION 00500-3 of 8
FORMAL CONTRACT SECTION 00500
Contractor has not made an a~empt to exert undue influence with the Purchasing Manager or Project
Manager or any otRer 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;
ko
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 amende~l;
and
12.
13,
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Projec.t site.
/kssianment. 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.
Claims of Contractor. ,~II claims pertainlng to extra work, additional charges, or delays within the Contract
Time or other disputes arising out of the Contract shall be submitted by Contra~.t,~or 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.fkudits by City. 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,]~[~Z¢_~. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents,
designations, notices, offers, requests and statements given by either party to the other sha~l 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 facs}mile 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 (w/HAZMATI (10/95)SECTION 00500-4 of 8
FORMAL CONTRACT SECTION 00500
Copy to:city of Palo Alto
Utilities Department, Engineering
250 Hamilton Avenue, 3rd Floor Civic Center
Palo Alto, CA 94301
(415) 329- 2564
FAX: (415) 329-2608.
ATTN: Charles Borg, Project Manager
3:o Contractor:
ATTN:
16.
17.
Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter
of the City of Palo Alto. Any ch.arges 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 (i~ 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 par’des understand and agree that City does not purport to be Contractor’s bailee,
and City is, therefore, not responsible for any damage to the personal property of Contractor.
Consent. Whenever in this Contract th~ 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 La.ws .of the State of California. ..
eo
Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications
(1992) of this Contract are incorporated herein by reference.
Force Majeure. Neither party shall be deemed to be in default on account of any delaY’ or failure to perform
its obligations under this Contract which directly results from an Act of God or an act of a superior
governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the
construction or interpretation of any part of this Coiqtract.
CITY of PALO ALTO: Utilities Engineering 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 parti.es 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 AgreemenL This Contract shall noibe 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 ether
stipulation in ~he 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.
Resolugon. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other
writing, which authorizes any director, officer or other employee or partner to act for or in behalf of
Contractor or which authorizes Contractor to enter into this Contract.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or
unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
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
off, me 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 fails 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.
po 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 Cqunty 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 th6 non-prevailing party.
IN WITNESS WHEREOF, the parties have by their.duly appointed representatives executed this Contract
CITY of PALO ALTO; Utilities Engineering Formal Contract (w/HAZMAT) (10/95}SECTION 00500-6 of 8
FORMAL CONTRACT SECTION 00500
in the city of Palo Alto, C~unty ~f Santa Clara, State of California on the date first stated above.
ATTEST:CITY OF PALO AI’TO
By:
City Clerk ’Its: Mayor
APPROVED:CONTRACTOR:
By:
City Manager
Director of Utilities
Director of Administrative Services
Name:
Title:
Taxpayer I.D. No.
Manager, Contract Administation
APPROVED AS TO FORM:
Senior Asst. City Attorney
CITY of PALO ALTO: Utilities Engineering Formal Contract (w/HAZMAT) {10/95)SECTION 00500-7 of 8
FORMAl CONTRACT
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE .OF )
SECTION 00500
COUNTY OF
On ,before me,,anotarypublic
in and for said County, personally appeared
, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument,
, and
acknowledged to me that he/she/they executed thesame in his/her/their authorized capacity(ies), and that
by his/her/their sigr~ature(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
CIT’~ of PALO ALTO: Utilities Engineering Formal Contract (w/HAZMAT) (10/95)SECTION 00500-8 of 8