HomeMy WebLinkAbout2003-08-04 City Council (7)TO:
FROM:
City of Palo Alto
-City Ma _ er’s Report
HONORABLE CITY COUNC~ - --
CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE:
¯ SUBJECT:
AUGUST 4, 2003 CMR: 381:03
APPROVAL OF A CONTRACT WITH DURAN & VENABLES, INC.
IN THE AMOUNT OF $442,000 FOR CONSTRUCTION OF
HARBOR POINT AND BYXBEE PARK PARKING LOT
IMPROVEMENTS
RECOMMENDATION
Staff recon-amends that Council:
1. Approve and authorize the Mayor to execute the attached contract with Duran &
Venables, Inc. in the amount of $442,000 for construction services to implement
Harbor Point and Byxbee Park parking lot improvements.
2.Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Duran & Venables, Inc. for related, additional
but unforeseen work that may develop during the project, the total value of which
shall not exceed $44,000.
BACKGROUND
The proposed project was identified by the Adamson Infrastructure Management Study
(Module 3) as a high priority infrastructure repair need, and in 1999 staff accordingly
requested funding for improvements to several roads and parking tots in Open Space
areas. These included t_h_e Duck Pond, Harbor Point Sailing Station, Evans Inte~retive
Center, Harbor Road and Byxbee Hills Park. In its review and approval of the Capital
Improvement Project request the Finance Committee challenged staff to ensure that upon
completion these projects would not only enhance and protect the environmentally
sensitive sites, but also serve as an example of best management practices for sustainable
landscape design and construction techniques to local contractors, developers, and other
neighboring agencies.
Toward that end this project, the first of four phases of improvements to the Nature
Preserve proposed in the CIP, will employ a parking surface of crushed rock mixed with
a non-petroleum based natural resin binder instead of asphalt. It will also make use of
vegetated bioswales to protect adjacent sensitive marshlands from contamination through
the containment and remediation of storm runoff. Handicapped access to the site will be
expanded, and safe vehicle circulation around pedestrian areas greatly improved.
C/V[R:381:03 Page 1 of 3
Staff worked closely with the experienced local design fn-m of DES and in conjunction
with stakeholders including representatives of the windsurfing community and members
of local environmental protection organizations to develop plans that address the needs of
visitors to the site while protecting the unique habitat of the Nature Preserve. More than
160 participants were involved in five public meetings to solicit comments and
suggestions during the design deve!opment phase, and aesthetic detai!s such as material
colors and protection of view corridors that were incorporated into-the final approved
design after deliberations at three meetings of the Architectural Review Board.
DISCUSSION
Project Description
The work to be performed under this contract consists of landscape improvements at
Harbor Point and Byxbee Hills Park parking lots including subgade preparation, gading,
compacting and reseating parking !ot surfaces using sustainable materials, striping and
circulation i~prnvamants, StOrm drni_anage improvements inc, hldi~g i,.qstnllntlc~n of
vegetated bio-swales and renovation of a bollard and chain barrier between parking lot
perimeters and the marsh, new bike racks and improvements to pedestrian pathways. As
noted above, the work at the Harbor Point (Sailing Station)parking lot incorporates
amenities requested by wind surfers and park users during public outreach meetings such
as a protected gavel rigging area, kayak trailer parking and accommodations for extra
long transport vehicles.
If the proposed project was not constructed the surface of each parking lot would remain
in substandard condition until such time as interim gading and patching repairs could be
performed, and in the past the City’s Public Works street maintenance staff has not been
responsible for roads or parking lots located in areas designated as Open Space.
Bid Process
Su~rm-aarv of Bid Process
Bid Name~umber iFB # 142146-A
Proposed Length of Project
No. of Bids Mailed to Contractors
No. of Bids Mailed to Budder s Exchanges
Total Days to Respond to Bid
Pre-Bid Meeting?
Number of Company Attendees at Pre-Bid
Number of Bids Received:
Bid Price Range
*Bid summary provided in Attachment B.
Harbor Point & Byxbee Park Parking Lot Improvements
60 days
18
2
28
Yes
2
From a low of $442,000 to a high of $585,073
Staff has reviewed the low bid of $442,000 submitted by Duran & Venables, Inc. and
recommends that it be accepted and that Duran & Venables, Inc. be declared the lowest
responsible bidder. The bid is 4 percent above the enNneer’s estimate of $425,000.
CMR:381:03 Page 2 of 3
Staff checked references supplied by the contractor for previous work performed and
found no sig-nificant complaints. Staff also checked with the Contractor’s State License
Board and found that the contractor has an active license on file.
RESOURCE IMPACT
Funds for this contract were ~c!uded in the ~ 2002-2003 Capital Improvement Project
budget. The City has been awarded a grant of $179,066 from the Roberti-Z’berg-Harris
Urban Needs Basis gant progam of the Safe Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection Bond Act of 2000 (Proposition 12), which will off-set the
costs of this project.
POLICY IMPLICATIONS
The proposed Harbor Point and Byxbee Park Parking Lot Improvements is consistent
wi~ e~sting City policy including t~he 199! Baylands Master Plan.
ENVIRONMENTAL REVIEW
This project is Exempt as defined by the California Environmental Quality Act (CEQA).
ATTACHMENTS
Attachment A:
Attachment B:
PREPARED BY:
Bid Summary
Contract
CHRIS RAFFERTY
Project Manager, Community Services Department
DEPARTMEI~ I-r~AD:
PAU~ Ti-tWLTGEN
Director, Community Services Department
CITY MANAGER APPROVAL:
!SON
Assistant City Manager
CMR:381:03 Page 3 of 3
z
E
CONTRACT No. C04142146
(Public Work)
Community Services Department
This Contract, number C04142146 dated o°-~-~2.~ Us entered into by and between the City of Palo Alto, a chartered
city and a municipal corporation of the State of California ("City"), and Duran & Venables, Inc. ("Contracto¢~).
For and in consideration of the covenants, terms, 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 Proiect and Work. Contractor shall furnish labor, sewices, 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:Baylands Parking Lots Improvements, Phase One, Invitation for Bid (IFB) Number
142146-A
Bid:$442,000.00
3o 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, inte .rpreting 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.
a.This Contract.
b.Invitation For Bid.
c.Project Specifications.
d.Drawings.
e.Change Orders.
f.Bid.
g.Suppler:nentary Conditions.
h.General Conditions.
I.Standard Drawings and Specifications (1999).
j.Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
k.Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or
the Standard Drawings and Specifications (1999).
I.Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
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 (1999), 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 Invitation For Bid 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
p~operty or the personal property of any person performing labor or sewices 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.
CITY OF PALO ALTO PAGE 1 OF 7
rev. 12100
9o
10.
11.
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 judgments, arising, in whole or in
part, directly or indirectly, at any time from any injury to or d~ath 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 adses from conduct for
which any Law may impose strict liability on Contra~;tor 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, adsing, 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 Ddnking
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.
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.
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.
No Exoneration By Inspection: The City has the fight, but not the duty, to inspect Contractor’s Work. The
fight 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.
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.
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 PAGE 2 OF 7
rev. 12300
12.Reoresentations 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:
13.
14.
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.
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, 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 Invitation For
Bid;
go 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
shall be executed, delivered and performed pursuant to the power and authority conferred upon
the person or persons authorized to bind Contractoq
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,
resolutions, certifications, and ot~her 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.
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.
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.
CITY OF PALO ALTOroy. 12/00 PAGE 3 OF 7
15.
16.
17.
18.
Audits bv 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.
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) personally sewed, (2) sent by
the United States mail, postage prepaid, (3) sent by pdvate express delivery service, or (4) in the case of a
facsimile transmission, if sent to the telephone FAX number set forth below dudng 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
Copy to:City of Palo Alto
Community Services Depar[ment
1305 Middlefield Road
Palo Alto, CA 94301
Attn: Chris Rafferty, Project Manager
To Contractor:-~ ~L. 1/_~ ~ .~_ ~,~t~,L~.~ ~ r ~j~
Aoorooriation of Ci~ Funds. This Contract is subject to the fiscal provisions of A~icle III, Section 12 of the
Cha~er of the Ci~ of Palo Alto. Any charges hereunder for labor, seHices, 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 wi~ou[ penal~ (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 podion 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 o~er provision of this Contract.
Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be ContractoCs
bailee, and City is, therefore, not responsible for any damage to the personal property of
Contractor.
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.
Co Controlling Law. The parties agree that this Contract shall be govemed 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
rev. 12/o0
PAGE 4 OF 7
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
supedor 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 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 between 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.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term
or other stipulation in the Contract shall define or otherwise control, establish, or limit the
performance required or permitted or to be required of or permitted by either party. Al! 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 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 cour~ 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 dghts and obligations under this Contract, Contractor acts
as an independent contractor and not as an agent or employee of City. Conbractor shaii 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 dghts 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 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.
Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims
adsing out of or relating to this Contract by mediation, which, unless the parties agree otherwise,
shall be conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS),
San Jose, California. The intent of the parties is that the mediation shall proceed in advance of
litigation; however, if any party should commence litigation before the conclusion of mediation,
such litigation, including discovery, shall be stayed pending completion of mediation, and by
executing this Contract the parties stipulate to mediation in accordance with Santa Clara County
Superior Court Local Rule 1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. Distdct Court for
the Northem Distdct of California, as such rules may be amended from time to time. The parties
shall share the cost of the mediation, including the mediator’s fee, equally. Any written agreement
reached in mediation shall be enforceable pursuant to California Code of Civil Procedure § 664.6,
as amended.
CITY OF PALO ALTO
rev. 12JOO
PAGE 5 OF 7
Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose,
California. In the event that litigation is commenced by any party hereunder, the parties agree that
such action shall be vested exclusively in the state courts of California in the County of Santa
Clara or in the United States District Court for the Northern District of California.
Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the
cornpletior~ 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 subsequent litigation may recover
its reasonable costs, including attorney’s fees, incurred subsequent to conclusion of the mediation.
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 c~aim 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:
ge4=~r Assistant City Attorney
APPROVED:
City Clerk
CI-~ALO ALTO
Its Mayor
By:
By:
(Compliance wi~ California Co~orations Code 9 3~3 is .
required if the enfl~ on whose behalf this contract is signed is
a co~ora~on. In the alternative, a ce~ified corporate
resolution a~esflng to the signato~ authofi~ of the individuals
signing in their respective capacities is acceptable)
CITY OF PALO ALTO
rev. 12/00
PAGE 6 OF 7
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code 1189)
, 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/herltheir authorized capacity(ies), and that by hislher/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 sea!.
Signature (Seal)
CITY OF PALO ALTO PAGE 7 OF 7
rev. 12/00