HomeMy WebLinkAbout2000-04-24 City CouncilTO:
FROM:
DATE:
SUBJECT:
City of Palo Alto
C!ty Ma,nagerls Rep0 rt
HONORABLE CITY COUNCIL
CITY MANAGER
APRIL 24, 2000
DEPARTMENT: PUBLIC WORKS
CMR:206:00
APPROVAL OF A CONTRACT WITH FERMA CORPORATION IN
THE AMOUNT OF $995,040 FOR LANDFILL PHASE IIB PARTIAL
CLOSURE
7
RECOMMENDATION
Staff recommends .that Council:
Approve and authorize the Mayor to execute the attached contract with Ferma
Corporation in the amount of $995,040 for Landfill Phase IIB Partial Closure.
The contract is structured so that Phase 1 which covers the successful construction
and testing of the soil test pad and low-permeable clay material brought in from
offsite, will be. funded out of FY 1999-2000 Refuse Fund budget for $42,000.
Funding for Phase 2, covering the construction and placement of final soil cover in
accordance with regulatory inandates, for the balance of the contract costs has
been included in the proposed FY 2000:2001 Refuse Fund Capital Improvement
Program (CIP) budget, contingent upon Council approval,
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Ferma Corporation for related, additional but
unforeseen work which may develop during the project, the total value of which
shall not exceed $95,000.
DISCUSSION
Project Discussion
In March 1989, Council approved the updated Byxbee Landfill Park Master Plan,
including Phase I Park Development. Work on Phase I began in August 1990 and was
completed in September 1991. Phase I has been opened to the public as a passive non-
irrigated park, complete with trails,-restrooms, and various art features. Phase II Park
Development, which includes the balance of the landfill (approximately 102 acres), will
be initiated upon completion of all landfilling activities at the site.
Phase II Park Development plans call for the remaining site to be closed in three sections:
Phase IIA, IIB, and IIC. Partial closure for Phase IIA was completed in 1992. Phase IIB
CMR:206:00 Page 1 of 3
has reached capacity and will undergo partial closure. Partial closure is consistent with
closure/post closure regulations, Titl,e 27, California Code of Regulations, which protect
air, water, and land from pollution by limiting the exposure time of completed disposal
areas, and will be in conformance with all applicable State and City regulations.
Phase IIC has not yet reached capacity and remains open to filling.
The partial closure of Phase IIB will encompass 23 acres that are centrally located;
construction is scheduled for May 2000.
The work to be performed under the contract is for the construction of a landfill closure
cap over a 23 acre area. The project includes the furnishing of clay and vegetative soil
material and related earthworks, removing and reinstalling existing fences, furnishing and
installing new fences, drainage structure, securing leachate system, laboratory testing and
revegetation.
Work under this contract will be scheduled in two phases to allow an early start to the
project and to avoid construction during the rainy season. Phase 1 tasks will include the
construction and testing of a low permeable soil test pad and testing of clay material
brought in from outside. Phase 2 tasks will include clearing and stripping of the area of
Phase IIB site, placement of the foundation layer, furnishing and installing a low
permeable layer, furnishing and installing vegetative soil layer, installing drainage
structure, removing and reinstalling existing fences, furnishing and installing new fences,
raising and securing leachate system, laboratory testing and revegetation.
Bid Process
A notice inviting formal bids for Palo Alto Landfill Fin.al Closure Phase IIB was sent on
March 6, 2000 to six contractors. The bidding period was 22 days. A pre-bid meeting
was held on March 20, 2000; four bidders attended the meeting. Bids were received from
four qualified contractors on March 28, 2000, as listed on the attached bid summary
(Attachment A). Bids ranged from a high of $2,013,561 to a low bid of $995,040.
Contractors not responding indicated that they did not submit a bid because they are too
busy. Staff has reviewed all bids submitted and recommends that the bid of $995,040
submitted by Ferma Corporation be accepted and that Ferma Corporation be declared the
lowest responsible bidder. The bid is 25.3 percent below the engineer’s estimate of
$1,332,100. The change order amount of $95,000, which equals 10 percent of the total
contract, is requested for additional related but unforeseen work, which may develop
during the project.
Staff checked references supplied by the contractor for previous 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 Phase 1 of the Landfill Phase IIB partial closure project ($42,000) are budgeted
CMR:206:00 Page 2 of 3
in FY 1999-2000 Refuse Fund. The proposed FY 2000-01 CIP includes the funds for
Phase 2 of the project ($1,048,040) contingent upon Council approval.
ENVIRONMENTAL REVIEW ’
On July 23, 1991, the Planning Department approved a negative declaration for the
project. No further environmental assessment is required.
ATTACHMENTS
Attachment A: Bid Summary
Attachment B: Contract
PREPARED BY: Michael Jackson, Deputy Director of Public Works/Operations
DEPARTMENT HEAD:,~
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:"---
HARRISON
Assistant City Manager
CMR:206:00 Page 3 of 3
ATTACI-/MENT-A
FORMAL CONTRACT
ATTACHMENT B
SECTION 500
CONTRACT No.
(Public Works)
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 Ferma
Corporation,_ a California Corporation, ("Contractor").
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, 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: Palo Alto Landfill Closure, Phase liB.
Invitation for Bid (IFB) Number: 123678
Total Bid: $ $995,040.00
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.
This Contract.
Invitation For Bid.
Project Specifications. ~, ... ....
Drawings. _~
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1992).
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 (1992).
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’~ Bid in accordance with the provisions of this Contract and upon
the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract
Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) days
of the date of receipt of Contractor’s invoices.
CITY OF PALO A~TO: PAGE 1 OF 8
FORMAL CONTRACT
5.
SECTION 50O
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 the personal
property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the .c, ,e.rtificates of insurance and with original 6ndorsements affecting coverage
.required under this Contrac~ 0’n’ 0r’l~i~e~the Date of Execution. The certificates and endorsements for each
~nsurance 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.
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 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 b’y CcJntractor 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. §§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 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 re~presentatives.
Waive~r. 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.
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
CITY OF PALO ALTO: PAGE 2 OF 8
FORMAL CONTRACT SECTION 500
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.
10.
11.
Bonds. As a condition precede£.t...tp City, s obligation to pay compensation to Contractor, and on or before the Date
of Execution, Contractor shall furnish to the Project Manager the Bondsas required under the Invitation For Bid.
Representations and Warranties. In the supply of any materials.and equipment and the rendering of labor and
services during the course and scope of the Project and Work, Contractor represents and warrants:
Any materials and equipment which shall be used during the course and scope of the Project and Work
shall be vested in Contractor;
bo 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 Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Proiect
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
Contractor has fully’examin’ed and inspected the Project site and has full knowledge of the physical
conditions of the Project site
CITY OF PALO ALTO:PAGE 3 OF 8
FORMAL CONTRACT SECTION 5OO
12.
13.
14.
15.
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.
Claims of Contractor. All claim~ pertaining to extra work, additional ,charges, or delays within the Contract Time
or other disputes arising out ofthe Contract shall be submitted by Contractor to City in writing by certified or
registered mail within ten (10) I~ays after ~l~e 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.
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 City.
Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents,
desig~nations, 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 ,deliver;y of a hard copy of the material sent by facsimile transmission, in
accordance with (1), (2) or (3) al~0ve. P~rsonal 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:
To Contractor:
Attn:
Attn:
City of Palo Alto
Public Works Department, Operations Division
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Tel #: 650-496~6905
Fax #: 650-852-9289
Phung Hoang, Project Manager
Ferma Corporation
1265 Montecito Avenue, Suite #200
Mountain View, CA 94043
Tel #: 650/961-2742
Fax #: 650/968-3945
Ray Ferrari
16.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
CITY OF PALO ALTO:PAGE 4 OF 8
FORMAL CONTRACT
event of a conflict with any other provision of this Contract.
17.Miscellaneous.
SECTION 500
ao Bailee Disclaimer. "[~t~. parties understand and agree that City does not purport to be Contractor’s bailee,
and City is, therefore, ~ol~i~;esper~s!ble 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.
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.
Force Majeure. Neither, party shall be deemed to be in default on account of any delay or failure to
perform its obligations under this Contract which directly results from an Act of God or an act of a superior
governmental authority:.i. ~;
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. 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.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an
independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any
rights and benefits accorded or accruing to the City Council members, officers or employees of City, and
Contractor expressly waives any, and all claims to such rights and benefits.
CITY OF PALO ALTO:PAGE 5 OF 8
FORMAL CONTRACT
n.
SECTION 5O0
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, thetime 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 ~! i~gliday by City, the time for performance shall be extended to the following
Business Day.
Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such
action shall be vested exclusively in the state courts of California in the County of Santa Clara in the City
of San Jose or in the United States District Court for the Northern District of California in the City of San
Jose.
qo Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Contract or
arising out of this Contract may recover its reasonable costs, including reasonable attorney’s fees,
incurred or expended in connection with such action against the non-prevailing party.
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.
ATTEST:CITY OF PALO ALTO
By:
City Clerk Its: Mayor
APPROVED AS TO FORM:
Senior Assistant City Attorney
APPROVED:
Assistant City Manager
Director of Public Works
CONTRACTOR:
By:
Name:
Title:
Director of Administrative Services
Contract Manager (Insurance Review)
By:
Name:
Title:
(Compliance with California Corporations Code Section
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
CITY OF PALO ALTO:~AGE 6~
FORMAL CONTRACT
acceptable)
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
SECTION 500
STATE OF )
COUNTY OF )
On ., before me,
in and for said County, personally appeared , a notary public
, personally known to me (or proved to me onthe 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(es), 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 7 OF 8
FORMAL CONTRACT SECTION 50O
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
On , before me,
in and for said County, personally appeared
, a notary public
,-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(es), and that
by his/her/their signature(s) onthe 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