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HomeMy WebLinkAboutStaff Report 155-05between Bryant and Ramona Streets prior to the Public Works Engineering's South of Forest Coordinated Area Plan re-surfacing project later this year. The project targets acrylonitrile-butadiene-styrene CABS) mains that have caused additional maintenance problems and expense due to their brittle pipe walls and non-circular shape. Over time these mains have developed an elliptical shape with brittle side walls. Repairs to these odd- shaped mains is time consuming and difficult. Accelerated replacement of ABS mains and service replacements need to remain on the City's planned CIP schedule. ABS material failures will continue to contribute to increasing gas maintenance expenses associated with gas leaks and expose the City to potential liability until all ABS materials are removed from the gas distribution system. The work is being performed by contract because the proj ect resource requirements are beyond the City'S personnel and equipment capacity. Summary of Bid Process Bid NamelNumber Gas Main Replacement Project 14, CIP GS-04003, IFB Number 110602 Proposed Length of Project 100 calendar days Number of Bids Mailed to 4 Contractors Number of Bids Mailed to Builder's 3 Exchanges Total Days to Respond to Bid 21 Pre-Bid Meeting? Yes Number of Company Attendees at 5 Pre-Bid Meeting Number of Bids Received: 3 Bid Price Range From a low of$I,287,687.00 to a high of $1,425,224.50 *Bid summary provided in Attachment B Staff has reviewed all bids submitted and recommends that the bid of $1,287,687 submitted by Manuel Bros., Inc. be accepted and that Manuel Bros., Inc. be declared the lowest responsible bidder. The bid is 2.6 percent below the staff/engineer's estimate of $1,322,450. The change order amount of$128,769 which equals 10% percent of the total contract is requested for related unforeseen work, which may develop during the project. Staff confirmed with the Contractor's State License Board that the contractor has an active license on file. Staff checked references supplied by the contractor for previous work performed and found no significant complaints. RESOURCE IMPACT Funds for this capital project are included in the FY 2004/05 Gas Fund as Project GS-04003. The quantity of mains and services installed under this contract are beyond the City's existing personnel and equipment capacities. This project includes funding transfers of $46,160 to the General Fund for Trench Impact Fees. Funds for Trench Impact Fees for this project are included in the FY 2004/05 Utilities Department budget. CMR:155:05 Page 2 of3 > • 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, 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 and Liability Act (42 U.S.C. 339601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. 336901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. 332601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, 3325300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, 3325100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, 3325249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, 3325280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. 7. 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 solewilifuLactor-negligent act or omission of City or any of its Council members, officers, employees, agents or representatives. 8. Waiver. 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 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. 9. No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor's Work. The right of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not shift that obligation to the City or relieve Contractor from its obligations to complete the Work in a satisfactory manner in compliance with the Contract requirements. 10. Compliance 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 in employment and hazardous materials. 11. Bonds. 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 Invitation For Bid. 12. Representations 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: a. Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; b. 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; i r To City: Copy to: To Contractor: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 City of Palo Alto Utilities Department 250 Hamilton Avenue Palo Alto, CA 94303 Attn: Greg Scoby, Project Manager Attn: __________________ __ 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 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 Oi) 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 17 shall control in the event of a conflict with any other provision of this Contract. 18. Miscellaneous. a. 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 personal property of Contractor. b. Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. c. 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. d. 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. e. 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. f. 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. g. 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. h. Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. I. 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. j. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or Palo Alto, County of Santa Clara, State of California on the date first stated above. ATTEST: CITY OF PALO ALTO 8y: ______________ _ City Clerk Its Mayor APPROVED AS TO FORM: Senior Assistant City Attorney APPROVED: CONTRACTOR: 8y: ______________ _ Assistant City Manager Name ______________________________ __ Title: ______________________________ _ Director of Utilities 8y: ______________ _ Director of Administrative Services Name: ______________________________ _ Insurance Review Title ___________________________ _ (Compliance with California Corporations Code 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable. ) CERTIFICATE OF ACKNOWLEDGMENT (Civil Code 3 1189) STATE OF ________ --,--__ COUNTY OF _________ _ On , before me, a notary public in and for said County, personally appeared , personally known to me (or proved tome 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. Signature ______________________ _ (Seal)