HomeMy WebLinkAbout0362.091_.!t-_
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July lSI 1991
THE HONORABLE CITY CCUNCIL
Palo Alto, California
ITT Marsh Enhancement Pro':'ect. CIP 19019 -Award of contract
Members of the Council:
Report in Bx W
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This report recommends that council award a contract to Muhkda1e
Brothers I Inc. in the amount of $649,960 for the construction of
the ITT Marsh Enhancement Project. Funds have been appropriated
in the City of Palo Alto Regional water QUality control Plant
(RWQCP) FY 1990-91 operating budget and CIP 19019.
Background
The purpose of the project is to recreate wetlands wildlife habitat
on the former ITT property, Which has been diked off from the Bay
and from siqnificant fresh water flows for many years. Saltwater
from the Bay ·wi11 be allowed once again to flow to the eastern
portion of the 150-acre site, and reclaimed fresh water from the
R~QCP ~ill Pe used to credte a freshwater pond in the southwestern
portion of the site. The California coastal Conservancy (CCCj is
providinq tbe funding for the design and construction of the
project under a grant agreement executed November 3, 1989. The CCC
will be billed quarterly as funds are expended and the General Fund
will be reimbursed with their payments. On March 18, 1991 (CMR:
183:91), council approved the Site and Design and the Park
Improvement Ordinance f~r the project.
Bids were received from four qualified contractors as shown on the
attached summary. Staff recommends that the bid of $649,960,
submitted by Munkdele Brothers, Inc., be determined by Council to
be the lowest responsible bid and that the contract be awar-ded
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CKR: 362: 91
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Bccordinqly. Thig bid is 16 percent below the engineer's estimate
of $780,OCO.
The cost of bid items 1, 2, 4, S, 6 and 7, totaling $637,960, will
be reimbursed to the City by the CCC on a quarterly basis. Bid
item l, costing $12,000, is not a part of the ITT Marsh Enhancement
Project and will be funded from the RWQCP Water System CIP. Bid
item l provides tor ill 12-inch reclaimed water pipeline st~bout for
Palo Alto Municipal Golf Course irrigation. By doing this ~ork
concurrently 'With t.l-te ITT Marsh Enhancement project, cost and
disruption to the RWQCP ~ill be minimized, as ill common trench can
be used.
Subsequent to the completion -of the proj ect design and bidding
process, the U.S. Army Corps of Engineers (COE) notified the city
staff about new concerns it had.
The COE's permit will now be contingent upon the City's compliance
with ill requirement of the U. s. Department of Commerce National
Oceanoqraphic and Atmospheric Aruninistration (NOAA) Marine
Fisheries S~rvice~ The Service is requiring that fish screening be
provided at the salt water intake structure at the harbor to
prevent salmon, steelhead, striped bass, and other fish from entry
and entrapment in the ne. salt water slough. It has been estimated
that this prOVision alone will cost about $120,000.
Since the original design and bidding process did not call for such
fish screening, it will now have to be implemented as a chanqe
order to the construction contract~ The balance of the Change
o~der authoriz~tion of $101,000 represents about 15 percent of the
bid price. Authorization for chanqe orders in the amount of
$221,000 is requested.
Environmental ~sse5sment
A mitiqated negative declaration was adopte~ by the council on July
24, 1989 for this project.
Becgmme:ndatiQ!1§.
Staff recommends that council:
Approve and authoriz.e the. Mayor to executa the
contract with Hunkdale Brothers, Inc. in the
$649,960 for the I~~ Marsh Enhancement Project.
attach~d
amount of
2. Authorize the City Manager or his designee to negotiate and
execute one or more change orders to the construct.ion contract
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CMR~362:91
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with Xunkdale Srot'hers, Inc., tbe value of all of which change
orders shall not exceed $221,000.
Respectfully submitted,
PHILIP BOBEL
Manager, EnYironment~l Compliance
~J-<J~
D :VIO G. ADAKS
i ector of Works.
Attachments: aid Summary
Contract Pages
Related CMRS: 360:9, 549:9, 183:91
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CIIR:362 :91
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CITI or PALO ALTO Page: 1 af 1
Bid Oat.· 5/14191
1 oj e c: t Manag et":' -,P,",h",U",-",~"o"b=..l,-__ _
; oject~ III HilEh ~hlg~~~nt Prch:c~_ ,
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ENGINfER'S H1INKDALE POWER ANDERSON UNICON 5UMllARV OF BIDS [STH·1AT, :t:NG!NEERINC FACIFIC CONSTRUCTtON
n~P~~~~; "~7,it Unit Unj ~~,i t lohl I"~nit Tot31 I p~:~ Tot.l i ,€m Oescdpt1on T~t.i'I i le;·-. l'ot~l p, ' Tot~ 1 n 1. 'c, 0 -; 'J. uan-f i
\ Sbeeti1J.&, Shodng and 14 ,371 31.000 1,000 9 ,100 299,000 ,
LS B-rac1cg
I Con9tr~ctiDc of work 18.878 I
~9S.36< 76,300 5C,OOO 1IQ(J9 ,O( LS shown and specified
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Constructic~ of 9,089 12,000 10,000 38~OOO 47,000 I LS PARWQCP p!peline
Additional excavation l,149 2,400 5~400 ~,200 6 ,000 120 CY and course bedding
1000 51 StabH1zation fabric in
mars~ 17 ,003 3,000 4,000 4,000 3,000 pip~ trenrh and/or under ,
i ".,~ , '0 d
24,500 \ 7 units l-:in~h I've Sc.h. 4 ir. 640 5,600 21,000 8,540 bu~lal c.onduit hetwn. ex t.
I pu I I-inch pvc Scb. 40 dire 600 l,{)OO 3,600 6.000 ! 100 Fee.t burial cc~dui~ btwn y~ ma it> I ana peOr e .. "" ~U wg ,
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76,553 649,960 59,700 887.440 ',394.5( fJ I TOTALS I , ,
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CONTRACT
THIS J,GREEMENT is made and entered into, in dupl"lCate, this day of
==,.---;-_~' 19_, by and between the Crty 01 Palo Mo, C3frtomia, hereinafter caned
"CITY", and ,hereinafter called 'Contractor", wt.ose Taxpayer identification Number
Is:
WITNESSETH:
For and in consideration of their mutual covenants, the parties hereto agree as fonows:
1. Contractor shan do all the work and furnish an the materials necessary to conSl"UC! ar.d
complete in a good, workmanflke and subs!antial manner, and to the satisfaction of the
CITY, the fo!Iowing:
1'IT MARSH E!IIlAIICEIIENT PROJ ECT
=-=--=:---:-:--::--::-:-2. This Contract sha.~ consist 01 the klnowing documents on file with the Crty Clerk, all of
3.
which are incorporated herein and made a part hereof by refarence thereto:
a
b.
c.
d.
e.
f.
g.
h.
l
~
k.
This Ccrttrac!
Notice In.f.ting Sealed Bids
Accepted Bid
Standard SpeCifications dated 1972, as al1ended, or as superseded by other
documents incorpora!ed herein.
Bidding Requirements, Corrtract Forms and Concfrtions of the Corrtract
Technical Specifications
Certificate 01 Insurance
Performance Bond
labor and Materials Bond
Affirmative Action Guide"nes and Compflance Report
Any and all supplee1en!al agreements which amend or extend the work
contemplated and which may be required to complete the work in a subslantiai
and acceptable mamer.
In consideration of such work, CITY shan pay Contractor the amount spacified in his biO
in the mamer p;ovided in said Standard Specifications dated 1972, as amended.
4. Concurrently with the exeCl.tion of this Contract, Contractor shan provide CITY with the
Contractor's Labor and Materials and Faithfuf Performance Bonds and certi1icates 01
insurance, h:luding any worl<ers' compensation insurance required by the laws of the
State of Cafrtomia or otherwise required in said specifications.
5. TNs Contract shall not be assigned by. Contractor.
6. All claims by Contractor regarding ."'.Ia werk, charges, delay or other disputes arising out
of the Contract must be submitted :0 CITY in writing within ten (10) worl<ing days after the
claim arose, descnbing in detao the noMe and value of the disputed work or claim.
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7.
8.
Contractor hereby agrees 10 incemrc'fy, defend and hold harmless CITY, its officers,
agents, and employees frem any and aa demands, dalms or fiability of any nature,
caused by or arising cut of Contr.~or's, ~s officers', agents', or ~mployees' neg~gent
aC'".s, errors, or omissions, or willh:i misccr,c.uct, Of conduct for whicli the iaw impos.es
strict ~abm:y 00 Contractor' in tr.e ~er,crmar,ce or fa~ure to perform this Contrac:
Tnis Contract represents the er.tir: agreEment bet'Neen the parties wit''1 respect to the
purchase and sale 01 the equipcnert, m.:er'.fs, or supp'es or pay,,,,e,", for servicEs which
may be the sublect of this Centrac-. Ail prier agreements, represer.taticns. stat'Sm.ents,
negotiations and under".akings whe:!isr era: or wrrtten are superseded hereey.
9. No payment, partial paymen~ aces.clsnce. or partial acceptance by CITY shaa ope,atA
as waiver on the part of CITY of sny of ~s ,i.hls under this Contract
10. Contractor agrees to permit CIT(:O audit, at any reasonable time during the term of tr.is
Contract and for three (3) years ..r:erBs:fte:, Contractor's records pertaining to matters
collered by this Contract. Contrac:cr rurttier agrees to maintain such rEcores fer et feast
wee (3) years after the lerm of tl'.is Ger,tract
11. CONTRACT TERM. The werl< uneer lIlis Contract shan be completed within 120
successive days from the comrne~csment date stated in the Notice to Proceed iS$ued by
CITY 10 Contractor.
12. UOUIDATED DAMAGES. CITY ar.d Contractor recognize that ~me is of the essence of
this Contract ana that CITY wm su!:ar financial loss f the work is not completed within the
time specified in item 11 herein, plus any extensions thereof anowed in accordance with
Mcle 12 of the General CooOr\ior.s. The pa~Jes also recognize the delays, expense and
cftfflculties invot"ed in proving in a :e gal prcce eding the actual less suffered by CHY if the
wor'~ is not completed on ~me. Accordingly, instead of recuirirlg ary such proof, CITY
and the Contractor agree that as n"uidated damages lor delay (but not as a penally) tr,e
Contractor shall pay CITY S300 fer each d.y that expires after the ~me specified in item
11 herein.
IN WITNESS WhEREOF, tr,e parties haole set their hands all on the day and year nrst 2bove
written.
ATIEST:
City Clerk
APPROVED:
City Manager
~~--------------------MayO(
APPROVED AS TO FORM:
CiN Att("Jm~v
CITY OF PALO ALTO. CALIFORNIA
Drrecior of Pubfic Works
Director of FlI1ar1ce
RiSk Marager
CONTRACTOR
By: -----------------
Title:
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