HomeMy WebLinkAboutStaff Report 232-05A notice inviting formal bids for the Lucie Stern Center Improvements project was posted at City
Hall and sent to four contractors and six builder's exchanges on October 25, 2004. The bidding
period was 21 days. A pre-bid meeting was held on November 4, 2004; four bidders attended
the meeting. Bids were received from four qualified contractors on November 16,2004, as listed
on the attached bid summary (Attachment E). Bids ranged from a high of $421,600 to a low bid
of$304,011.
Summary of Bid Process
Bid NamelNumber Lucie Stern Community Center Improvements IFB
109422
Proposed Length of Proj ect 4 months
Number of Bids Mailed to 4
Contractors
Number of Bids Mailed to Builder's 6
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: 4
Bid Price Range $304,011 to $421,600
*Bld summary provided III Attachment E." The Certification of Nondiscrimination IS
Attachment F.
DISCUSSION
On January 18, 2005, Council awarded a contract to Coast Side Associates along with a "just in
time" BAO to cover the cost of the contract (CMR:128:05). When the City sent the contract to
Coast Side Associates, it stated that its bid had expired before Council award and it would not be
able to perform due to over-scheduling of work. Staff did not rebid because the second low bid
was below the engineer's estimate and in the current economic environment staff did not believe
a rebid would result in a lower cost bid. The second low bid contractor, JMA Construction, has
agreed to extend its original bid and start the project in September 2005 to meet the client
department's scheduling needs. No changes in scope or price have been negotiated. JMA's bid
price is $37,825 above Coast Side Associates and the contract contingency has been increased by
$8,975 to maintain a 15 percent contingency. Staff therefore recommends that the base bid of
$336,800 plus Add Alternate #1 of $8,000, to provide and service two temporary toilets,
submitted by JMA Construction be accepted and that JMA Construction be declared the lowest
responsible bidder. The bid is 17 percent below the engineer's estimate of $408,000. The
change order amount of $51,000, which equals fifteen percent of the total contract, is requested
due to the age of the facility and lack of adequate documentation of existing conditions which
may be discovered during construction and impact 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. The Certification of Nondiscrimination is Attachment F.
CMR:232:05 Page 2 of3
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Bid Process
A notice inviting formal bids for the Lucie Stern Center Improvements project was posted at City
Hall and sent to four contractors and six builder's exchanges on October 25, 2004. The bidding
period was 21 days. A pre-bid meeting was held on November 4, 2004; four bidders attended
the meeting. Bids were received from four qualified contraci:ors on November 16, 2004, as listed
on the attached bid summary (Attachment D). Bids ranged from a high of $421,600 to a low bid
of$304,011.
Summary of Bid Process
Bid N amelNumber Lucie Stem Community Center Improvements IFB
109422
Proposed Length of Project 4 months
Number of Bids Mailed to 4
Contractors
Number of Bids Mailed to Builder's 6
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: 4
Bid Price Range $304,011 to $421,600
*Bid summary provided in Attachment D.
Staff has reviewed all bids submitted and recommends that the base bid of $304,011 plus Add
Alternate #1 of $2,964, to provide and service two temporary toilets, submitted by Coast Side
Associates be accepted and that Coast Side Associates be declared the lowest responsible bidder.
The bid is 34 percent below the engineer's estimate of $408,000. The change order amount of
$46,025 which equals fifteen percent of the total contract is requested due to the age of the
facility and lack of adequate documentation of existing conditions which may be discovered
during construction and impact 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. The Certification of Non DiscrimInation is Attachment E.
RESOURCE IMPACT
On May 1'8,2004, Council approved a BAO for City Manager Report (273:04) in the amount of
$4,170,957. This BAO returned unspent CIP balances to the Infrastructure Reserve. This CIP
project PF -01005 was one of the CIP projects with a balance returned to the Infrastructure
Reserve (Attachment F).
The attached BAO will transfer $335,000 from the Infrastructure Reserve to this project. This is
a one-time expense and no future year resource needs are anticipated as a result of this BAO.
CMR:128:05 Page 2 of3
SECTION 4. As specified in Section 2.2B.OBO(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 5. As provided in Section 2.04.330 of the Palo Alto
Municipal Code, this ordinance will take effect upon its adoption.
/
SECTION 6. The Council finds that the project to be funded by
this appropriation is a minor alteration and repair to an existing
facility and is categorically exempt from review under the
California Environmental Quality Act pursuant to Title 14
California Code of Regulations Section 15301.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED· AS TO FORM:
City Attorney
Mayor
APPROVED:
City Manager
Director of Public Works
Director of Administrative
Services
,/" ... ",:' ~:
FORMAL CONTRACT SECTION 500
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.
16. Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents,
designations, hotices, offers, requests and statements given by f3ither party 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:
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
Public Works Department
Facilities Management Division
3201 E. Bayshore Road
Palo Alto, CA 94303
Attn: Chok Chokka!ingam, Project Manager
Coast Side Associates
123 Ocean Blvd.
Half Moon Bay, 94019
Attn: Jack Colliau
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 (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 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 app'roval 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 City of Palo Alto Dept. of Public
Works 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 !'lct of a
CITY OF PALO ALTO
rev. 12100
. CONTRACT C05109422 PAGE 4 OF 7
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FORMAL CONTRACT
I CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code 3 1189)
STATE OF ___________ )
COUNTY OF __________ )
SECTION 500
On , before me, ______________ _
a notary public 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 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 ________________ ----'--
CITY OF PALO ALTO
rev. ~2100
CONTRACT C051 09422
(Seal)
PAGE 7 OF 7
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J. City Council, authorization is needed to amend the 2004-05
budget as hereinafter set forth.
SECTION 2. The sum of Forty Six Thousand Eight Hundred
Dollars ($46,800) is hereby appropriated to CIP Project Number PF-
01005, Lucie Stern Community Center Improvements.
I SECTION 3. The Infrastructure Reserve is hereby decreased by
Forty Six Thousand Eight Hundred Dollars ($46,800) with a
remaining balance of Thirty Million Four Hundred Seventy One
Thousand Seven Hundred Forty Eight Dollars ($30,471,748) as shown
in Exhibit A.
SECTION 4. As specified in Section 2.28.080 (a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 5. As provided in Section 2.04.330 of the Palo Alto
Municipal Code, this ordinance will take effect upon its adoption.
SECTION 6. The Council finds that the project to be funded by
this appropriation is a minor alteration and repair to an existing
facility and is categorically exempt from review under the
California Environmental Quality Act pursuant to Title 14
California Code of Regulations Section 15301.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor
APPROVED:
City Manager
Director of Public Works
Director of Administrative
Services
FORMAL CONTRACT SECTION 500
behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 16 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 against any and all claims, demands, liabilities,
losses, damages, costs, expenses, liens, penalties, suits, or judgmE1nts, 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, orwhich 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, orwhich 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 sole willful act or 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.
CITY OF PALO ALTO
rev. 12100
CONTRACT C051 09422 PAGE 2 OF7
"
FORMAL CONTRACT SECTION 500
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.
16. 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 wdting 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:
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
Public Works Department
Facilities Management Division
3201 E. Bayshore.Road
Palo Alto, CA 94303
Attn: Chok Chokkalingam, Project Manager
JMA Construction
1801 Larkin Street
San Francisco, CA 94109
Attn: John Ma
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 (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 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 City of Palo Alto Dept. of Public
Works 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
CITY OF PALO ALTO
rev. 12100
CONTRACT C051 09422 PAGE 4 OF7
FORMAL CONTRACT SECTION 500
in the United States District Court for the Northern District of California.
r. Recovery of Costs. Each Party shall bear its own costs, including attorney's fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure
§ 664.6, as amended, then the prevailing party in any subs~quent litigation may recover its reasonable
costs, including attorney's fees, incurred subsequent to conclusion of the mediation.
s. Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute
Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase
agreements which it enters into in connection with this Contract, and to require its subcontractors to
include those provisions in any sub-contracts or major material purchase agreements, such that any
mediation or litigation of any claim or dispute asserted by a subcontractor or major material supplier
will be consolidated with any related claim or dispute between the Contractor and the City. Should the
Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor
or material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract,
Contractor shall indemnify City for City's costs of defense, including reasonable attorney's fees.
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.
APPROVED AS TO FORM: CITY OF PALO ALTO
Senior Assistant City Attorney Assistant City Manager
APPROVED: CONTRACTOR:
8y: _________________ _
Director of Administrative Services
Name: __________________ _
Title: __________________ _
Director of Public Works
8y: ________________ _
Name: __________________ _
Title: __________________ _
(Compliance with California Corporations Code 3 313 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)
CITY OF PALO ALTO
rev. 12100
CONTRACT C051 09422 PAGE 6 OF7
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