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HomeMy WebLinkAbout2001-04-23 City Council (6)City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: UTILITIES DATE: SUBJECT: APRIL 23, 2001 CMR:176:01 AWARD OF CONTRACT iN THE AMOUNT OF $243,840 TO K.J. WOODS CONSTRUCTION, INC. FOR WATER/WASTEWATER OPERATIONS CONTRACT SERVICES (IFB #133401) RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with K.J. Woods Construction, Inc. in the amount of $243,840 for water/wastewater operations contract services. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with K.J.Woods Construction, Inc. for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $24,384. DISCUSSION Proj ect Description The work to be performed under the contract is for construction of various size sanitary sewer mains, laterals, manholes, water mains, water services, and fire hydrants by open trench method,, on various locations throughout the City of Palo " Alto. CMR:176:01 Page 1 of 3 The City of Palo Alto Sewer Information Maintenance Management System (SIMMS) and recent inspections have identified certain sanitary sewer facilities are in need of replacement/repairs to decrease the amount of sewer backups, including root intrusions and leaking pipe joints. Staff recommends capital improvements to correct these collection system deficiencies. The replacements specified in this contract will provide increased reliability and leak-free services and reduce current and future maintenance problems. Bid Process A notice inviting formal bids for water/wastewater operations contract services was sent on February 10, 2001 to five contractors. The bidding period was ten calendar days. A pre-bid conference is not mandatory and was not scheduled. Bids were received from one contractor on March 6, 2001, as listed on the attached bid summary (Attachment "B). Contractors not responding were not interested in working on an hourly basis.. Water-Gas-Wastewater Operations has reviewed the bid submitted and recommends that the bid of $243,840 submitted by K.J. Woods Construction, Inc. be accepted and the K.J. Woods Construction, Inc. be declared the lowest and only .responsible bidder. Its bid is 64.2 percent below the engineer’s estimate of $680,000. The change order amount of $24,384 which equals ten percent of the total contract, is requested for additional but unforeseen work which may develop during the project. Staff checked references supplied by K.J. Woods Construction, Inc. for work performed 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. RESOURCE IMPACT Funds for this project are available in the fiscal year. 2000-01 Capital Improvement Program budget for Wastewater Collection System Rehabilitation/Augmentation. CMR: 176:01 Page 2 of 3 POLICY IMPLICATIONS This report does not represent any change to existing city policies. ENVIRONMENTAL REVIEW This project is categorically exempt from the provisions of CEQA and no further environmental review is necessary. ATTACHMENTS A:Contract B:Bid Summary PREPARED BY:Scott Bradshaw, Bill Gray, and Michael Haynes DEPARTMENT HEAD APPROVAL: CITY MANAGER APPROVAL: of Utilities EMILY HARRISON Assistant City Manager CMR: 176:01 Page 3 of 3 CONTRACT No. (Public Work) This Contract, number dated 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 K J Woods Construction, Inc, a California Corporation, Contractor For and in consideration of the Covenants, terms, and conditions (Athe 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 Contractorshall 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 & Wastewater Operations Contract Services, Invitation for Bid (IFB) Number 133401 Bid $ 243,840 00 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 a This Contract Invitation For Bid Project Specifications Drawings Change Orders Bid Supplementary Conditions General Conditions Standard Drawings and Specifications (1999) Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1999) Any other document not expressly mentioned herein which is issued by City or entered into by the parties Cempensation 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 property or tl~e’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 cl’rY OF PALO ALTO PAGE 1 OF 8 rev 12/00 Indemnification Contractor agrees to protect, defend, indemnity 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 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, indemnity, hold harmless and defend City, its City Council me.mbers, 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 Hazardous Substances Act (Health & Safety Code, ~25280- 25299 7, as amended), or under any other local, state or fede.ral 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 reanner 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 m.ay 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 CITY OF PALO ALTO PAGE 2 OF 8 rev 12/00 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, 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, 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 Contractor, Contractor has not made an attempt to exert undue influence with the Pumhasing 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 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 13 Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site Assignment 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 14 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 15 Audits 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 Cit~. Cl’l~’ OF PALO ALTO PAGE 3 OF 8 rev 12/00 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 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 Copy to City of Palo Alto Utilities Department 250 Hamilton Avenue P O Box 10250 Palo Alto, CA 94303 Attn Michael Haynes, Project Manager To Contractor Kieran Woods K J Woods Construction Company, Inc 2625 Judah St, No 2 San Francisco, CA 94122 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 16 shall control in the event of a conflict with any other provision Of this Contract 18 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 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 e 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 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 Forc~ 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 CITY OF PALO ALTO PAGE 4 OF 8 rev 12/00 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 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 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 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 m 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 righLs 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 P 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 arising 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, ~hall 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 District Court for the Northern District 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 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 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 subsequent litigation may recover its reasonable costs, including attorney’s fees, incurred subsequent to conclusion of the mediation. CITY OF PALO ALTO PAGE 5 OF 8 rev 12/00 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 AI-rEST City Clerk CITY OF PALO ALTO By Its Mayor APPROVED AS TO FORM Senior Assistant City Attorney CITY OF PALO ALTO PAGE 6 OF 8 rev 12/00 APPROVED CONTRACTOR Assistant City Manager Director of Utilities Director of Administrative Services Contract Manager (Insurance Review) By Name Title By Name Tile (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) CITY OF PALO ALTO rev 12/00 PAGE7 OF8 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 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 h6/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) CITY OF PALO ALTO PAGE 8 OF 8 rev 12/00 PART II - BIDDER’S BID PAGES SECTION 300 City Council/City Manager City of Pale Alto Pale Alto, California In response to this Invitation For Bid (IFB), the undersigned, as Bidder, declares that the only persons or parties interested in this Bid as principals are those named herein; that this Bid is made without collusion with any other person, firm or corporation; that the Bidder has carefully examined the location of the proposed work and the plans and specifications herein referred to; and the Bidder proposes and agrees, if this.Bid is accepted, .that the Bidder will contract with the City of Pale Alto (City), to provide all necessary materials, equipment, tools, apparatus, and other means of t.ransport services, and to do all the work and furnish all the specified requirements in this IFB, in the manner herein prescribed and at the~prices stated in the following Bid: Project Title:Water & Wastewater Operations Contract Services, Inyitation F~r Bid (IFB) Number 133401 A: Base Bid ¯ BID iTEM OOl 002 144 .APPROX UNIT QTY. 696 Hour Hour DESCRIPTION, WITH UNIT PRICE IN WORDS (PRICE IS INCLUSIVEOF ALL APPLICABLE TAXES) Straight Time Rate for Work Crew provided in accordance with Part III, General Requirements, herein. (Unit Pric.e in words: Over Time Rate for Werk Crew providei:l in accordance with Part III, General Requirements, herein. (Unit Price in words: UNIT PRICE $ TOTAL ITEM PRICE $ Base Bid Total (items 001 through 002, with all.applicable taxes included). Lowest Responsible Bidder The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the ’add’ or ’deduct’ alternates. Bid Bond Requirement (Not required for Bids with a Base Bi~ Grand Total amount of less than. $25,000) Bidders shag’submit a Bid Bond in the amount of not less th.an five percent (5%) of the Bas~ Bid Grand Total. The Bid Bond shall be in the form of cash, a certificate of deposit, a certified check or draft, a cashier’s check or draft, drawn on a bank or credit union chartered in the United States of America,.and issued or drawn in favor of, and payable to the "City of Pale Alto", or a surety bond in favor of the "City of PaloAIto". City will not accept Personal or company as a form of Bid Bond. Bid Bond (Bidder shall enter the/pmount of Bond submitted/enclosed) Enclosed is $~oFT~/’F/6 I(Bid Bohd amount of not less than 5% of the Base Bid Grand Total) which is given as security to assure the undersigned will enter into the contract for performance of the work as is specified herein, if awarded. CITY OF PALe ALTO IFB 133401 rev. 12/0o PAGE 1 OF 3 PART II - BIDDER’S BID PAGES SECTION 300 Note: The Bid Bbnds of Bidders who do not qualify as the Lowest Responsible Bidder shall be returned to such Bidders upon the execution of the contract by City and the successful Bidder. Insurance The Bidder shall bear all costs and provide insurance as requ, ired by Part II, Section 650, Insurance Requirements, herein. ,~ Project Schedule Time is of the essence. The selected Biddei- shall begin Wo~’k hereunder within 5 calendar daysof City’s Notice to Proceed, in accordance with Part III, General Requirement~s, herein. Performance, and Payment (Labor and Material) Bo’nds The selected Bidder shall fumish City a. Performance Bond, and Payment (Labor and Materials) Bond. Both bonds shall be in the amount of 100% of the contract price, and in accori:fance with requirements contained in Part II, Section 610, Performance Bond, and in Section 620, Payment (Labor& Materials) Bond, of this IFB. Liquidated Damages Any delay by Contractor to perform will interfere with the proper implementation of Ci~s programs to the loss and damage of City. As it would be impracticable to fix the actual damage City Suffers in the event of any such failure to perform, City and Contractor, therefore, presume that in the event of any such failure to perform, tl~e amount of damage which shall be sustained by city will be the sum of $ 500.00 for each and every calendar day during which said work shall remain uncompleted beyond such time for completion or approved ~xtension thereof. The City .retains the right to deduct liquidated damages from p.r .ogress payments to the extent that the amount of said liquidated damages, based on Contractor’s failure to maintain schedule as determined by City, exceeds the ContPact retention. In addition, the City ma.y’ require a tripartite agreement among the City, the Contractor, and the ContPact0r’s surety as a condition to making full progress payments if the Work is behind schedule, in order to avoid exoneration of the bond or impairment of the surety’s security. Specifications The specifications or scope of work included have been prepared to describe the standard of quality, performance, and other characteristics needed to meet City requirements. The City will accept alterrtbte proposals of a designated .material, product, thing, service, "or .equal", and will determine if such alternate proposals are satisfactory in meeting mandatory requirements or specification~ and if the proposed alternate meets the intent of the original mandatory requirement. ontractor’s License Requirements Subject to verification of good standing, Bidder shall submit a copy of its current contractors license as issued by thb State of California under Chapter 9 of Division III of the California Business and Professions Code (Sections 7000 et seq). The copy of the license shall be attached to Part II, Section 300A, Bidder Information, ~f the IFB. The prime contractor for this work shall possess a valid contractor~icense in the following category: Class A (General Engineering), or, The appropriate Special California Contractors License pertaining to,the work to be accomplished: Licsnse Number: Classification: Expiration Date: CITY OF PALO ALTO IFB 133401 rev. 12/00 PAGE 2 OF 3 PART II - BIDDER’S BID PAGES SECTION 300 Signature(s) must be the same signature(s) as appear(s) in Part !1, Section 300A, Bidder Information, of the IFB: Signature: Name:~/~’~ ~0~Name:.~/~ ~OO~(Pdnt or ~pe name) (Pdnt or ~e name) CITY OF PALO ALTO IFB 133401 rev 12/00 PAGE 3 OF 3 Ao PART Ill - BIDDER INFORMATION SECTION 300A PROVIDE THE INFORMATION REQUESTED BEI ’OW OR INDICATE "NOT APPLICABLE", IF APPROPRIATE NAME OF BIDDER (COMPANY) K. J. Woods Const.ruction, Inc. 2625 Judatl St.; No. 2 San Francisco.. CA 94122 ADDRESS IRS Number: Phone/Fax Number: Bidder is a: California Corporal;ion Corporation organized under the laws of the State of with head offices Ioca.ted at and offices in California a.t , proprietor [] [] California Limited Liability Company Sole Proprietorship; Partnership Limited Liability Partnership List names of partners; state which partner or partners are managing partner(s) B C. D. n Other (attach Addendum with explanatory details) How many years have you (or your firm) done business under the name listed above? How many years of experience similar to work or services covered in this IFB? Provide relevant references of contracts satisfactorily completed in the last three (3) years: . CUSTOMER COMPANY CONTAOTIPHONE NUMBER DATE COMPLETED CONTRACT AMOUNT (PROVIDE ADDITIONAL SHEETS, IF NECESSARY) E.Have you (or your firm) previously worked for the City of Palo Alto? v’~ Yes, or ~ above, or if necessary, provide information on additional sheets). CITY OF PALO ALTO IFB 133401 No (if "Yes", list PAGE 1 OF 4 PART lil- BIDDER INFORMATION SECTION 300A - QUANTITY F,If applicable, provide a list of the plant(s), and/or facilities, and equipment owned by the. Bidder which are available for use on the proposed work as may be required herein. NAME/TYPE/MODEL, CAPACITy,, ETC.CONDITION ~LOCATION (INCLUDE ADDITIONAL PAGES IF NECESSARY) G.P~ovide a list of the Bidder’s management staff who will manage the proposed work or services: NAME FIELD OF EXPERTISE/CAPABILITIES/EXPERIEN~3E. Ho (INCLUDE ADDITIONAL PAGES IF NECESSARY) Contractors license, numbe[/type: ~/~7~7~7 ~ J Minority Business Enterprises: Bidder is ~, or is not ,Small Business Concer~: Bidder is v/ _, or is not~ a minority, or Women, or Disadvantaged Business Enterprise a Small Business Concern Ko Reference Section 4100, et Seq, ofthe Public Contract Code: identify the names and business address of each subcontractor performing work (under this IFB) that has a valUe in excess of one-half of one percent of the Bidder’s total Bid price. Also identify the portion, of the work that will be performed by such subcontractor. After opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words ’and/or’ will not be permitted. Failure to comply with this requirement will render the Bid as non- responsive and may cause its rejection. List all such subcontractors below, or in additional sheets, as required’ NAME A~D ADDRESS SCOPE OF WORK (INCLUDE ADDITIONAL PAGES IF NECESSARY) Or, ~" . ~ Subcontractors will not perform work, provide labor, or render services in or about the work cove~’ed by this IFB (check and initial). CITY OF PALO ALTO IFB 133401 PAGE 2 OF 4’ EXPERIENCE AND FINANCIAL INFORMATION K. J. WOODS CONSTRUCTION INC. was’formed in 1995 as a General Engineering Contractor. Experience in work of a nature to that covered in the proposed extends over a period of seventeen years, inoludlng Five yem’s as WOODS CONSTRUCTION CO., a sole proprietorship. K. J. WOODS CONSTRUCTION INC., as a contractor, has never failed to satisfactorily complete a contract awarded to the company. Contractors License Number, State of Califomia 701797, Class Reference is hereby made to the following bank as to the financial respon- sibility of the bidder:. Reference is California Federal Bank 1900 Noriega St. San Francisco, CA 94122 (415) 665-8511 Attn: Bill Fry hereby made to the following insurance company as to the insurability of the bidder: Liability Babcock Insurance Brokerage, Inc. Suite 145 920 Hillvlew Court MIIpitas, CA 95035 (40S) 2e~-8180 Attn: Kathy Gabdal Workman’a Compensation Babcock Insurance Brokerage, Inc. Suite 145 920 Hillviaw Court Milpitas, CA 95035 (408) 263-8180 Attn: Kathy Gabdal Reference is hereby made to the following surety company as to the financial responsibility and general reliability of the bidder: Great Amedcan Insurance Company 580 Walnut Street Cincinnati, Ohio 45202 (92 e09- 500 Attn: Iinda Brown K. J. WOODS CONSTRUCTION INC.. owns and operates a complete fleet of construction equipment. The following contracts have been satisfactorily completed for the persons, firm, or authority indicated and to whom reference Is made (partial listing): K, J. Woods Construction, Inc. 2718 Pacheco St. San Francisco, CA 94116 C,~, Lic. No. 701797 (415) 759-0506 . The superintendent for the referenced project will be Kieran Woods, President of K. J. Woods Woods Construction, Inc. Mr. Woods has been involved in underground construction for over sixteen years. He has performed all tasks associated with this type of construction in the capacity of laborer, operator, foreman, company owner and chief executive. Mr. Woods formed his company, Woods Construction Co., in 1990. In 199~ he incorporated. as K. J. Woods Construction, Inc. He has successfully constructed a wide variety of under- ground pipeline projects, including projects similar to the referenced project. Very truly yours, K. J. Woods Construction, Inc. PART Ill - BIDDER INFORMATION SECTION. 300A L. Addenda During the Bid process there may be changes to the Bid documents, which would require an issuance of an addendum or addenda. City disclaims any and all liability fpr loss, or damage .to any Bidder who does not receive any addendum issued by City in connection with this IFB, Any Bidder in submitting a Bid is deemed to waive any and all claims and demands Bidder may have against City on account of the failure of delivery of any.such addendum to Bidder. Any an, d ~|1 addenda issue.d bY City shall be deemed included in this IFB, and the provisions and instructions therein contained shall be incorporated to any Bid submitted by Bidder. To assure that all Bidders hav~ received each addendum, the following acknowledgment and sign-off is requited. Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity in the Bid: Or, M. Adden~du~number(s) received:l’-]l; []2; []3; []4; []5, []6; []7; []8; []9 ~,,~’~_~r’~ No Addendum/Addenda Were Received.(¢he¢l~ andinitial!. The Bidder represents that it has not retained a person to solicit or secure a City contract (u’pon an agreement or understending for a commission, percentage, brokerage, or contingent fee) except for retention o.f bona fide employee or bona fide established commercial selling agencies for the purpose of securing business The firm and individuals listed below, certify that they do not .discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disabi!ity, or sexual preference; that they ,are in compliance with all federal, state, and local directives and executive orders regarding nondiscrimination in employment. Bidder is required to provide a certificate in good standing from the State of California with its Bid; Q The undersigned hereby agrees to, and accepts the terms and conditions of this IFB. Signatures (Must be the same signature(s)as will appear on Contract): FirstOffi_cer~0 ~ /, ~(~econd Officer** ~ .(-~ ~.~ (Signature)i’/... v ~--, " ~ _ (Signature) " (Pdnted name of sJgnato~) "(Pdnted name of signato~) (Title of signatory - First Officer)(Title of signatory - Second Officer) Note:Califomia Corporations Code Section 313 requires two corporate officers to execute contracts. The signature of First Officer* mus___t be one of the following: Chairman of the Board; President; or Vice President. The signature of the Second Officer** mus_~_.t be one of the following: Secretary; Assistant Secretary; Chief Financial Officer; or Assistant Treasurer. 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 IFB 133401 PAGE 3 OF 4 PART ill- BIDDER INFORMATION SECTION 300A The undersigned qertlfies that the Bidder is not a corporatiot~, and is not subject to the requirements of Califolinia..Corporations code, and hereby agrees to, and accepts the terms and conditions of this IFB. (p’~gnature) ...... = ’ (Pdnted n=~me Of signato%)/~L___~.t/~.~/~..~. CITY OF PALO ALTO IFB 133401 PAGE 4 OF 4 PART II - AFFIDAVIT SECTION 400 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WiTH BID State of California ) ) ss County of Santa Clare ), " _ ~ ~~#~~’ making ~e fo~oing bid ~at the bid is not made in the interest of, or on behalf of, any undisclosed person, pa~e~hip, company, association, o~anlzatlon, or cor~mtlon; that the bid is genuine and not collusive or sham; that the bidder has not dire#~y or indirectly induced or solicited any o~er bidder to put in a ~lse or sham bid, and has not direcSy or indirsc~y colluded, conspired, ~nnived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall re~ain from bidding; that the bidder has ~ot in any manner, directJy or indirectly, sought by agreement, ~mmunl~tion, Or ~nference with anyone to fix the bid pdce of ~e bidder or any other bidder, or to fix any overhead, prdfit, or cost element of the bid pdce, or of that of any o~er bidder, or to secure any advantage against ~e public body awarding ~e contract of anyone interested in the proposed contract; ~at all statements ~ontained in the bid are ~ue; and, ~eh that ~e bidder has not, direcgy or indirectly, s~bmi~ed his or her bid pdce or any b~akdown ~ereof, or the ~nten~ ~ereof, or divulged info~a~on or da~ relative ~ereto, or paid, and will not pay, any fee to any ~.om~on, pa~nership, ~mpany association, o~aniza~on, bid deposltow, or to any member or agent ~ereof to effe~uate a ~llusive or sham bid. Signature First Officer*. Name: Signature Second Officer*: Name: (Pdnt or type name) (Print or type name) * Signature(s) Must Be Same Signature(s) as Appear(s) on S~ct~on 300A CERTIFICATE OF ACKNOWLEGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On ., before me,, a notary public in and for saidCounty, personally appeared , personally known to me (or proved t~me on thebasis 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 authodzed-capacity(ies), and that by his/her/their signature(s) on.the Instrument the person(s), or the enti~J upon behal~ of Which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) CITY OF PALO ALTO IF.B 133401 PAGE 1 OF 1 .ALL-PURPOSE ACKNOWLEDGEMENT State of California County of On ,.~--~ {DATE} personally appeared before me, SS. SIGNER(S) Pt~.-’".".~ NOTARY PUBLIC CALIFORNIA (NOTARY) ~personally known to me - OR -[]proved to me on the basis of satisfactory evidence to be the person(s) whose naine(s) is/are subscribed to the within instrument and acknowledged to me that he/she]they executed the same in his/her/their authorized capaeity(ies), and that by his/her/their signatures(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. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAP/kCITY CLAIMED BY SIGNER (PRINCIPAL)DESCRIPTION OF ATTACHED DOCUMENT ’ [] BfDIVIDUAL [] CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT []PARTNER(S) []ATI’ORNEY-IN-FACT []TRU,~TEE(S) []GUARDIAN/CONSERVATOR NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING:NAME oF PERSON(S) OR ENTtTY(mS)RIGHT THUMBPRINT OF SIGNER OTHER ALL-PURPOSE ACKNOWLEDGEMENT State of California County of On {DATE) personally appeared ¯ before me, [] 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 signatures(s) on the instrument the person(s), or the entity upon behalf, of which the person(s) acted, executed the instrument. OPTIONAL, INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CIAIMED BY SIGNER (PRINCIPAL)DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLES) []PARTNER(S) []ATtORNEY-IN-FACT []TRUSTEE(S) []GUARDIAN/CONSERVATOR []OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IF.S) RIGHT THUMBPRINT OF SIGNER OTHER Bond No. t VERIC- I INSU CE .COMPANY" OHIO CAUTION You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may 0eeur wl~en documents are reproduced. BID BOND Approved by The American Institute of Architects, A.I.AI Document No A310 February 1970 Edition KNOW ALL MEN BY THESE PRESENTS, that we K. d. Wood.~ Construction, Inc. as Principal, hereinafter called the Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation duly ~rganized under the laws of the State of Ohio, with Administrative Offices at 580 Walnut Street, Cincinnati, Ohio 45202, as Surety, hereinafter called the Surety, are held firmly bound unto City of Palo Alto in thesum of Five percent (5%) of the amount bid as Oi~ligee, hereinafter called the Obligee, Dollars ($ 5% ), for the payment of which sum well and truly to be made, and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principalhas submitted a bid for ... Water & Wastewater 0pe~’ations Contract Services NOW, THEREFORE, ff the Obligee sha~l accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and .~uch larger amount for which the Obligee may in good faith contract with another party to perform the Work eove~ed by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. IstSigned and sealed this day of March 2001 In the presence of K. J. Woods Construction, Inc.(Seal) G~AT ~C~ ~S~CE CO~ (Sefl) ALL-PURPOSE ACKNOWLEDGEMENT State of Califomia County of Contra Costa On .. March !, 2001 IDATE| personally appeared L i nda before me, Brown [] personally known to.me - OR - Kathleen Ann Friesen, Notary Public tNoTARY) 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 signatures(s) on the instrument- the pers0n(s)~ or the entity upon behalf of which the person(s) acted, executed the instrument. liand and official seal. OPTIONAL INFORMATION The information below is not required by law Howe,~er, it could prevent fraudulent attachment of this acknbwl- edgement to an iinauthorized document CAPACITY CLAIMED BY SIGNER (PRINCIPAL)DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL []CORPORATE OFFICER TITLE(S) [~PARTNER(S) []AqTORNEY-IN-FACT []TRUSTEE(S) .~]GUARDIAN/CONSERVATOR []OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER OTHER APA 5/99.VALLEY-SIERRA, 800-362-3369 ’AIVERIC- I INSURr CE COMPANY 580 WALNUT STREET ¯ CINCINNATI, OHIO 45202 ¯ 513-369-5000 * FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR POWER OF ATTORNEY No. 0 13962 KNOW ALL MEN BY THESE PRESENTS:’That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby no .minate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provide.d that the liability of the said Company o.n any such bond, undertaking or contract of suretyship executed under this authority shah n.ot exceed th~ limit stated below. Name Address Limit of Power JOHN F. ARENTS ALL OF ALL LINDA L. BRONN CONCORD,UNLIMITED C.D. BEHRENS CALIFORNIA }~0BERT P. MOSERTh,s Power Of Attorney revokes all previous powers issued in behalf of the attorncy(s)-in-fact named abovc. ’ IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused those presents to be signed and attested by its appropriate officers and its corporate soal hereunto affixed this 13th day Of July ,2000 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON -- ss: On this 13th day of July, 2000 , before me personally appeared DOUGLAS R. BOWEN, tome known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority, This Power of Attorney is granted by authority of the following resolutions adopted bythe Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In.Fact to execute on bghalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof," to prescribe their respective duties and the .~ respective limits of their authority; and to revoke any such appointment at any time RESOLVED FUR THER: That the Company seal and the signature of any of the aforesaM officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and. effect as though manually affixed CERTIFICATION I, RONALD C HAYES, Assistant Secretary of Great American Insurance.Company, do hereby certi~ that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect Sigmd and sealed this Ist dayof March 2001 Z 1U Z O~