HomeMy WebLinkAbout0321.092.
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July 2, 1992
THE HONORABLE CITY COUNCIL
Palo Alto, California
Regional water Quality Control Plant Incinerator #2 Au:x:iliary
~ms Replacement -Ava~d of Cont~act
Members of the council:
Report in Brief
~hi~ report recommends that Council authoriZe the Mayor to execute
the attached contract with Power Engineerinq Contractor$~ Inc. in
the amount of $85,300, to furnish and install the auxiliary syste-ms
for incinera~cr #2 at the Palo Alto Regional Water Quality control
Plant {RWQCPj. fUnds have been appropriated in the Wastewater
Treatment Operations Fund.
Background
The RWQCP incinerates the sludge produced from its treatment
processes. The plllnt is equipped with twa incinerators, one for
normal operation, and one for standby. Each incinerator is
equipped with a set of auxiliary systems. The auxiliary syste~$
remove the heat from the hot and corrosive exhaust of the incinera
tor, deliver the exhaust to the scrubber-for treatment, and
discharge the treated exhaust to atmosphere. The existing systems
fer incinerator #2 have. been partially destroyed by the highly
corrosive exhaust over the years. Incinerator 12 is now out of
service. This project will replace the damaged portions of the
auxjliary systems so that incinerator 12 can be cperational~
Djscu5sion
Bids were received from two qualified contractors as shown on the
attached sununary. staff recolllDlends that the bid of $85,300,
submitted by Power Engineering Contractors, Inc. be determined by
Council to be the lowest responsibl.e bid and that the contract be
awarded accordingly. This bid is 20 percent over the enqineer's
estimate of $70,000. The difference is due to additional damages
identified during the pre-bid inspection resu!tinq in an addendum
to the bid package. The additional scope is included in the bid.
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CMR: 321: 92
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~nrnent31 ASSe~srnent
The project is exempt from the California Environmental Quality Act
(CEQA) und-:r Sec.tion 15301 (Class I Existing Facil i ties) of the
CEQA Guidelines.
Becorumendations
1. Approve and authorize the Mayor to exe.:;.ute the attached
contract 'With Power Ei''l.qineerinq Contractors, Inc.. in the
amount of $85,300 for the incinerator 12 auxiliary systems
replacement at the Palo Alto Regional Water Quality Control
Plant.
2. Authorize the City Manager or his designee to negotiate and
execute one or more change orders to the contract with Power
~nqineerinq Contractors, Inc., the value of all change orders
shall not exceed $8,700.
Respectfully submitted,
WILLIAM MI:KS C2}jll:]c:::t_r_O_l_p_l_ant
DAVID G. ADAMS
Director ot Public Works
~U)4~
'JUN't FLEMING
Assistant City Manager
Attachments:
CMR:321:92
Bid Summary
Contract Pages
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CITY or PALO ALTO
REGIONAL WATER QUALITY CONTROL PLANT
INCINERATOR '2 AUXILIARY SYSTEMS RBPLACEXENT
]!I 0 S!1!!Kl\R Y
June 16, 1992
Bi4der Amount of Bid
Power Engineering contractors, Inc. $85,300.00
A , A Mechanical Contractors, Inc. No bjd
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KHF Services $93/57S~OO
BSP No bid
Engineer's estimate $70,000
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CONTRACT
This Contract. dated ____________ , is entered into by and between -me City
of Palo Alto, iii municipal corporation c;;f me State of California ("O{y"l • and ~er fnginyt[!D.g
ContraM'gr.s Inc. a ~nrl CPr[)QraIion, ("Contractor")' whose Taxpa~'e( IdentifiC.lticn NumDe' is
77..Q1 07625.
F01 and fl1 considerat;on of the fo;lowinQ cov&nants, rerms :garod ccmditions, City and COntractor
j"the parties") ag r1Je: . '.
2.
T .. ....,. This ContrOP.:t .shalJ (:OfTlm£f'lce 011, and he t:lindiflQ 0"1 the ~artjes on, tl'1e Oste of
Execution of this Contract. and sha!! expire on the date of recordatio~ of tt.e Notice of
Substamil!rl Compl~tjan, Ol", H' M such notice is req~ired to he filed, 011 the date that fil1al
p8yment is made hereunder, subject to' the earr.er termination of this ContfCtct.
G@nerpl Scooe of PrQiEtCt and Work. Cont/actor shain furnish labor, sen.-ices, mat€rl~is and
eQuipment in conn~ction wim the construction of 'thE Project and complete the Work in
.accordai'lCE with the c!;)venants, terms and conditions or this Contract ta the satisfacton of
Cit';. The Prtlject and Work is generarty describ9d as follows:
B;c!Ise Eljd: $ 85 300.00
Add Alternates (if any): $ _____ _
3. Contract DoCLlments. This Contract shall consist of the documents set f01'th befow. which ara
on fife with the City Clarlr. and are hereby incorporated bV reference. For the DurpO$8S of
construing, interpreting and resolvir., inconsistencies between the pro .... isions of tt1is Contract,
tl1es& documents and the provisions thereof are set forth in the followinQ de:scendinQ' order tlf
pre-cedence.
a. This Contract.
b. Notice In'/itill'Ol formai Bids.
c. Contr<l'ct Specificatio!1s.
d. Drawings.
e. Change Orders.
f. S;d.
9. Supplementary Conditions.
h. General Conditions.
r. S:andard Drawings and Specifications (972).
j. Certrficate of Insurance, Pertorrr'8nce Bond and labor and Materials Bond.
k. A.ffirmative Action Guidelines and COrl1pliance Report.
!. Other Specifications, Of part thereof, not expressly incorporatec In the Cont~.act
Specifications O( the Standard Drawings and S~cific:ations !1972.).
m. Any other document not expressly mentioned herein which is is.sued by City or entered
intc by me parties.
4. Comoensa.liQn. In consiOUi!tion of Cclltractor's periormance of its obligaticr:s hereunder, CitY
shail pay to Contractor the ;otmount set fortl'1 in Contractor's Bid in accordance with the
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prOv1sions of this Contract and upon the rOicelpt of wriner: Ir.voic~s 31'ld af! necesS;Jr'i
5UPPOrtl'1g documentC!t:on within t;,e time s~t forth in the COfltract Specifications 2nd the T:::I7 2
Standard D1"awings ane! S~clficatjon$. cr, jf no time fS stat2d, within thirt)l 00) Days of the
datE: of rec'6i~t of ContractOf' 5 i,~ ... oices
~~. On or oefore !he Date of e-)(ecU!~on, CcntractDf shall obtain and maintain the
policies of inslJrance coverage described in the Notice Invitif11;1 Forma! Bids con terms and
conditions and in amoLlnt.!; as "'Iay be required by the Risk Mar.ager. Crty 5 1'1 a!! (1ot be Dbli\;liitod
to tak!t out insurance on Cor:tractor's personal prapert-,.' or t!1e pe"rsona! property of any pe:50!1
p.erfom1ing tabor::'lf services or supplying mate.ia'~ or equipment under the Projec!. Contractor
.sh3~ fumish C'rty wIth the certificates of insurance and with ong,na: endorsemSr1ts affecting
cO'w'e!aIJe r~Ql..1irec1lJnder tliis Contract on or oefor::! the Date of I::::xecut:on. The certi!icates and
endorsements for each insurance Clo~~cy shall be signed by a pers::l(! ..-;1",0 is authorized by that
inSurer to bi,l'j cc)'verags en its behalf. Proof of insurance shall be J'nailed to tht! Project
ManaQer to the address sel forth in 5ection 15 of this Contract.
Indemnificatio,}. Contractor aQrees to ~rotect, de'end, indemnify and hold City, its City Council
memoars, officers, and employees ha'rT'less from and against an\! and ail cleims, demands,
fiabiiities, 10ssE's, damaSles, Cvsts, ex,penses. fiens, penaltfes, suf:s, or judt;;mp.n:s, arising in
whoTe C>f in par" .. directly or ind'iret:tly, at any time from any inj~ry to O( death of persons or
damage to property ali a result of the willful or negfigent act or omission Of Contr&ctor, or
wnich results from Contracto(·s noncompliance with any La'",' respecting t"2 condition, use,
occupation or safety of lt1e Project Site, or any part thereof" or which arises from Comr.actcf'S
faikrre to do anyttling req"uired under thi'S Contract 0'1' for doing ar,ything whicli Contractor is
required nct to do under this Coruraet, D( which atrses from conduc.t for wt,ich any Law
im~oss.s strict Habiiify on Contractor ir. t~e performance of or failure to pe:fotm the terms and
conditions of thfs Contract, i&xcept as may arise from the sole wiilfu! or r'leolio~nt act or
omissior'l of City or any of its City Council members, officars, or emplo~'ees. This
inde-mniflcation sh<ill e).1:end toO any and all cfaims" demands, or liens m.de or fil02d' by reasorl
of any conS"Juction. re,'1o""atian, or remodenn~ Work peoiormed by Contractor und.:t this
Contract at any time during the t€~m of ulis Cant-act. or arising tt1er-eafter,
7, ~sumptiQn 0" Ai!k. Contractor agrees to voiuntanlv as'iume any and all rfsk of lo!.!!. damage,
or injury to It!e property of Contractor whfch may occur in, on, or about the Project site at any
time and ir, any manner. ex:::ep\ing such loss, injury, or damage as may be caused by the sale
willful or negligent act cr omission of Cfty or <!ny of its City Council members, otf~cers, Dr
em plc,tees.
8. Wa,.."er. The a;:--::eptance of any payme-nt or performance. cr any pa:1 thereof. shaJi net operate
as a waiver by City of its riphts under this Contract, A waiver by City of any breach of any
part or provision of this Contract by Contractor shall not O,pef.iiite a.s a w.;f.."er or continuin~
v.aiver of any subsequent breach of the same or any other ~rovision, nor shan any custom or
practice which may arise between the ,parties in tl'le administration Of any part or ,provision of
this Contract be construed to waive or to fessen tl"le right of CFty to insist upon the
performance of Cornraelo( in strict compriance with the covenants, tel'ms a'1d conditions of
this Contract.
9. ~I!ce w,;h Law_~, Contracto; sn .. rI comply with all La ...... /s now i" force or which may
hereafter be 'In force pertain~ng to the Project and Work and this CQntract, with the raquirement
or any hand ~ fire underwriters or other similar body now O( hEII;;;after constitut~d, with any
oIscretionai")' ricer,Soe or parmit issued ,pursuant to any Li3w of any public agency or official as
lovell as w;th any pro\lisiQn of all recorded docliments affecting the Project site, insofar a.s any
CITY 01 PALO ALTO Car:vact 2017
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2r8 reQubsd bV reason or the lise er occupancy of tha Project site, and with a!1 Laws pertaining
f':I nondiscrimination and affirmittivil action in emproyment and hi'::ard.::;u.s materials·
10. .82.rui:i. As 3 conditfoo precedenr 10 City'S OJbliQat~on to PilY compensat!on to Cor:trac!or. and
on or befort! th~ Date of .Execut;ort, Cootre .... "tor shall (urnis" tl'1e BQnds as required under thc
Notice Inviting Form&1 8lds to the Prol~ct Manag.,r.
11. fl§grestntations a.,d Warranties. In the supply of any materials and equipment and the
(enderir.; of labor and sen:iC65, durin~ th<e eourse and .scope af the Project and. Waf""
Contractor r&presents and warrantS'
iI. Any monerials and e-quipment wnicl"1 shan be 'lJs~d durin~ the course and scc,pe of L'1e
Pr<)ject end Worle. shall be .... ~sted in CO:1tra-:tor;
b. />..rw meterials and e-Ql.iipmem which shall be used during the course a.nd sCl;)pe of th'£
Project and Work shall be merchantable snd fit to be used for the !tIan:icu!ar purpose
for which the matena.ls iJ,re requir~;
c. Anv labor and s.eT\lices rendered ilnd materials ar:d equipment uSlild or employed 1jurinc
the course a~d scope of tl'1e Project an<l Wori( shan be free of defects in workmanship
for i period of 00& I'} year after the f13eOI dati':).n of th~ !-Ictiee of Substantial
Completion, or, if no such notice is reQuimd to be filed, on the da~e that final paymerlt
is n-.ada hereunder;
d. Ar'I'f manlJfact'Jfer's wa(n~nty obtained by Contr3t.tor shari be obtained or s'hali be
doaemed obtained by Contractor for and on behalf of City.
'5. Any information submitted' by Contractor prior to the award of Contract, .or thereafter,
upon reQuest, whethe. or not .submin~ unde-r a continuing obligation by t.~e terms of
the Contract to do so, i5 true and correct at the time such information is: submined or
made avai\able 10 the City;
f. Contractor has not c-o'l1uded, conspired, Of agleed. directly or inolrectiy. with any
person in refa:ard to the terms and cond"rtions ot Contractor's Bid, e)(cept as may be
permitted by 1;he Notice tnviting Formal 8ids;
g. Contractor has the pawer and a~hority to enter into this Cc.ntJact v..ittl City, troat t.'e
individual e:.<:ecuting this Co~tract is duly avthorized to do so by appropriate resolution,
and that th~s Contract shar, be e:x!!'cuted, delivered and performed pursuant to the
power and 3l1thorit)l conferred upon the person or persons authorized to bind
Contractor;
M. Contractor has not made OlIn atlempt to El'lCert undue influence with ttle Purchasing
ManaQer or Proj~ct Man~t;r 0'" any other person YinO has directly cOl1tributed to Ci'ry's
decision to award the contract to Contractor;
1. Tnere are no unresolved claims cr disputes between Contractor and City whic!'1 WOuld
materiafiy affect Contractor's abilitY to perform under the C::>ntract;
Contractor has furnished and will furnish true and accurate statements, records,
reports, resolutions, Cf'11ificatiQns, and other ..... ritten information as may be rf!'Quested
of Contractor b~' City from tfme to time durinlJ the term of this Contract;
CITY Of PALO ALTO: Contract :3 01 "j
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12.
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k, Contractor and a,.,.y person perforrning litbof iiIIlld ser\,/ices under thi~ Project is. duly
ticensed as a contractcr w;th the State of CalifornIa as reqllired by Cafiford. Busires.s
&: Professions Code Soction 7028, as a:-nend'ed; and
• I. Contractor hiS fully examined al"ld' jr;.spected the Project site and has full knowle<:!oe
or tl"le phvsiCClI conditions of the Project site.
Assignm-nt. This Contract and the performance required hereunder is personal (0 Contractor,
and it shall not be assigned ~..,' Contractor. Any attempted assignmem shan be nul! iIInd ''-oid,
Claims. pf Contrador. AI! ciafrr'5 pert3ini:'lQ to extr'a work., additional charges, or delay~ within
the CO:'1tract Time or ~t,",er cfisputes arisin, o ... t of the Co~tract shal\ be submitted by
Contractor to City in writing by cettified or feg:istered mail within tM ('0) Days aFt6r the claim
arose (;.f Withi:'l such other time as may be permitted or required by ! ... w. and s.hali be described
in slJffic-lant d~tai1 to gi\(9 adeq,uate notice of the :.ubstance of the clai'Tl to City.
14. AUcfrts by Ctty. OtIringo the term of this Ccmract and for a p.:!riod of not less tn.!n three [3:
years after th! expiration or earlier tE!fmtr·ation of tiljs Contract, Crty :shall ha\le ,he right to
audit Contractor's Pr-oject-reJated and Work-related writinos and business -= ~ords, as such
~-!rms are den:1ed in Caiiforr.ia f;'/idence Code Sections 250 and 1271. as ameilded, during tne
regular b ... simtss hours of Con!ractor, or, if C<lntractof has fiO such hours, during the regular
business hours of Cit)',
, 5 ~. All agrlrements, af;lpointments, approvals, authcri;;::ations, claims. deman.:!i;, Change
Orders, (:onsents, designations, notices, offers. requests and statements gi· .. an 0)/ either party
to the other shall be in writing and shafJ be suffic;entlv giver. and served upon ;he other party
if Ii) ,personallv lServ9d, (21 ger'll by the United States mail, postage prepaid, (3) sent by pri\(ate
express defivery service. or \4) in the case of a facsimile transmission, jf sent to the telephone
FAX number set fGrttl below during regular business hours or thE-receiving party ~f\d fQIIO~d
within two (2) t"lay:& by delivery of a nard copy of tr,e nlaterial sant by facsimile transmis-liion,
in accordance with (1). (2) or (3) .above. Personal servi{'~ shail include, without limitation,
service by defl'oler,. and service by facsirr.iie transmission.
To City;
Copy to:
CITY of PALO ALTO: Contract
City of Palo Alto
City Cle,k
250 Hami1ton Avenue
P.O, Box 10250
Palo Alto. CA 94303
City of Palo Alto
Department of~ ________ _
250 Hamilton Avenue
P.O. Box 10:250
Palo Alto, CA 94303
14151 3:29·-::-:~ ___ _
FAX: 14151329· __ _
ATTN: Project Manager for Project
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To Contractor:
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ApproQrifltion of City Funds. This Contr:act is subjact to the fiscal provisions of Article iii.
S«tioo 12 of the Chane!'" (If ttl'! City 'Of P.fo Alto. Any cha:oges her~under for labor. SEl rvk'!s,
rr.aterials and equipment may accrue only after sucn e>.:penditures have been approved in
advance in writing in accordance with applicab!e Laws, This Comract shan terminate without
penalty fil at the end of any fiscat ,;,ear in the ellM! that funds ar.e not 2;Jpropriated foOr the
(onowing fiscal year, cr {iiI 9: any time wit.,in " fiscal year in the evert that funds are only
appropriated fof a portion of the fiscal year and fl.'nds for this Contract are no longer Clviiii1abf'd,
This Section 16 sIlafl contrcl in the eve"t of a conflict with an., other provision of lhis
Contract.
17. MiscslTan@oys.
a. Bailee Dis.;:laimer. The parties understand and dgree that City does not purport tn be
ContractOr's baJlee, ar"ld City is, theretore. not (lS"sponsible for any damage to !he
pel'sonal property of Cor: tractor.
b. eo.,sent. 'VVhenever in ths Contract th.e aDpro .... al or consent of a party is r&quil"ed.
$1.JCh approval or ccnsent shan be in w!lting ami st,ali be ExeclIt~d by a person having
the express authoritY to gram such a,opfoval or COI"lsent.
c. Controlling Law. The parties agree that tl"lis Ccmtract shai1 be Qoverned .and construed
by and j., accordance With the Laws of the StaTe of Californi.a
d. Definition$.. The definitions and terms set forth in Section 1 of the Standafd Drawings
and Specifications 119-"2) at this Conttz:t are mcorporated tlerein by reference.
e. Force Majeure. Neith6r ~arty shai! be di!e;med to be in default on account of any delay
Of failure to perform its obligations u~er this Contract ...... hich directl)l results from an
Act of God or an act of a sU,Pf!rior go .... emmentaf authority.
f. Headings. The paraQraph h£'adln'ijs are not a part of this Cont.act and shan have flO
effect upon the ccnstruction or intel'pretation of any part of t11is Contract.
g. Incofporation of Documents. All documents constituting the Contract documents
described in Sectiorl 3 here~f and ali documents which m.w. from time to lime, be
referred to in any duly el.t8Culed amendment hereto are by such ref~fence incorporated
CfTY of PALO ALTO: Contract 5 o~ 7
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in thiS Contract iI!'ld lihan be deemed to be part of this Contract .
lote'Jfittion. 1'his Contract ilnd any .:J~endmftnts hereto between the panies const'lute
the e.,tire agreement between the parties cc.ncernin~ the Project and Work, and th2rft
ire no other prior oral or written ilgreements hetween the parties that are not
incorpor.aed in this Contract.
Modification of Agreement. Th,s Contract shal! not be modified or be binding lIpon me
parties, un.less such modification i: agreed to in writing and $igm;.d by th~ ~rties.
Provision. Any aoreement" covenant, condition, clause, qualification, re:miction,
reservation, t6rm O~ ott",er stipulation in the Contract shall define or ctl"le,wise control,
~stablish, or Omit thE; performance reqwired 'Or perm!ne-d or to be requhed of or
permittad by either party. All provisions, wh<ether covenants Of conditions, shali be
det!med to be botr, covenants aOld concillions.
It. Resciuticn. Contractor shall submit with h:s Bid a c-opy of any corporate or partn~rshlp
resolution or other writing, which alanarizes any director, oHicer or OTher employee or
partner to ;!ict foo;" or on behe,\f (Jf Contractcr Of which au!horizes Contractor to enter
into this Contract.
I. Severability. If a court of com.Petent jurisdiction finds cr rures that any proviSion of this.
Contr3ct is void or unenforceable, the JJrovisrons of this Contract not so affected shall
remain in f~1I force a ild effect.
m. Status of Cor.tractor. In the exercise:;)t rights and obligatio'1s urlder this CentrAct,
Corrtraco.or acts as an :ndepenotmt Coruractar and not as an agem Dr employee of City.
Contractor shall n()t be entitled to any riQ'hts ana benefits accorded or accruing to tl1e
City Council mi!mbers, officers Of 6'm:!:)loyeeS of City, ai.d COfltractor expres11y waives
any and all claims to such rights and b6nefits.
n, Successors .. nd Assigns. The provisions of this Contract shan inure to the benefil of,
and .shan apply to and ~nd, the SLiccessors a:"\d assigns of the parties
o. TIme of the eS~enCf!. Tima is of th~ e!isen~ cf ihis COiltrar.t af'd ~ach of its
pro''';sions. In the calculation of time hereunder, the time ir, ""!1ic~ "iiln act i.s to be
performed shall be corrop .. 1:ed b'( excludinlj the fir!.t D.ii)i and incivdinlol" the last. if the
tlme In which an aC1: is to be perfQrmed falls on a Satu~day, Su~day, or an·( Day
obSCiVed as a legal ho,iday by Cit)!, thf! time for pttrl'ormance shan oe e.'ctended to the
following Business Day.
p. V-enue. rn the event that suit is brou~ht b, eithiilf part)! hefeunder, the partJ-es agree
that trial of such actloil shall be vested exclusively iTi the state couH:s of California in
the COYl1ty of Santa Cjara in the CitY at San Jose or in the Un·lted States District Court
for the No ..... J'.ern District of California in the City of Sari Jose.
IN WITNESS WHEREOF. the p"'rt~es have executed thiS Contract on the date first above s.tated
i" Paro Aho, CalifDmia.
ATTEST: CiTY OF PALO ALTO, CALIFORNIA
CITV of PALO ALTO: Contr;cct 6 ot 7
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Cit;' Clerk Mayor
APPROVED, CONTRACTOR: ________ _
By' ____________ _
Ory Manager Name: __________________________ _
Oirecto( of P:ub~c Works Tltle: ___ . _________ _
Di~ of Rna-nee Taxpayer I.D. No. _____________ _
!'fisk Manager
APPAOVED AS TO FOAM'
Assistant eft;' Anomey
END OF SECTION
CITY of PALO ALTO: Contract i of 7