HomeMy WebLinkAbout0408.092· •• -.
September lQ, 1992
THE HONORABLE CI~Y CDu~CIL
Pal~ Alto, California
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Foothills Park Interpretive Center .. lnd_g.j~UDoor __ B..-e.J?lacernent -Award
of Contract
Members of the Council:
Report in Brief
TI,is report recommends that Council award a contract to Phil Lang
construction company in the amount of $29,150, for the replacewent
of all exter ior doors and enlargement of five windows at Foothills
Park Interpretive Center. Fund$ have been appropriated in
Facilities Management Division operating budget.
Background
The exterior doors at the Interpretive Center are badly weathered
and deteriorated, requiring their replacel'..'.er>t. The doers '.Nill be
replaced 'With Alnericai1$ '.;ith Disabilities ,lj,ct accessible doors and
hardware. Fiv~ windows in the meeting room will be replaced ~ith
larger windows to improve the inadequate lighting.
Discussion
Bids were received from seven qualified contractors as shown on the
attached sumroary~ Staff recommends that the bid of $29,750,
submitted by Phil Lang Construction Company, be determined by
Council to be the lowest responsible bid and thdt the contract be
awarded accordingly. This bid is 15 percent belo~ the engineer's
estimate of $35,000.
Recommendations
Staff recommends that CouncIl:
1. Approve and authori7.:e the Hayor to execute tbe attached
construction contract w'ith Phil Lang Construction Company in
the amount of '$29,750 for the Foothills Park Interpretive
Center WindOW/Door Project.
2. Authorize the City Manager or his designee to negotiate and
execute one or more change orders to the construction contract
with Phil Lang Construction Company, the total value of which
change orders shall not exceed $5,000.
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CAL CORAN
Fa.cilities Engineer, f~cilities Management Division
FLEMING
istant City Mana er
Attachments:
CMR:408:92
Bid Sunur,a;ry
Contract Pages
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7OOT!IILL PAU III'HlU'RZUVB CEN'l'Z1t
JrDII)01r/DOOIt auuCEXlDl'l'
nD 8~1OIlUIY
Phil Lang ccnstruction
Keeth Building contractors,Inc~
O.B. construction Co.
Coulter CQnstruction, Inc.
Full Spe.ctI'Um Industries, Inc.
John Geyer Building Co.
Lyon Ventures, Inc.
nlolL PNl6.
081'2/92' I,..
$29,750.00
$34,862.00
$35,215.00
$35,678.75
$42,424.00
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PART II· CONTRACT SECTION 00500
CONTRACT
This Conuact. gated is efltered intc bV and betweefl the City
of Palo Mo, • munidgal corporatioo of the State of California i"City'") ,;and Ph i 1 La.ng
CQP!li!truct.ion . a • ''"Contractor'")' whase
Ta~ Idet'!tifation Numbs,. is _____________ _
For and it! eonsidafa"iion of th! ronawing COveI13nt5, terms and :ondTtklns, City and Contriictor
~ .. tht parties·) 'grM:
1. Ium.. Thls Contract shan comme.nce on, and be bindio'ij en me parti~s on, 'the Date of
Execution of this Contfill~ ... and shan expire on the dat! of recordation of tlie Notice of
SUbStantial Ccmpletlof"l, Dr, if no such notice is reCouir~d to be filed. on the date that tinal
payment 1$ made hereunojer, subject to the .earlier termination of this CDntr~C1.
2. Gene,,' Scope of PrpjEct and Work. Contractor shan f,'rn,sJ'l labor, 5 er ... ic es. materials and
equipment in connection with the construction 01 the Proje-ct and CClmpret~ the Work. in
.;cccndall-ce with the co..-enants, terms and conditions of this Contr.ct to 1t'1~ s.atisf'aC':.ion of
City. nle Project and Work is generall.,. described as foHows:
Trtle: Fggthill Park Interpre!ive Cer'1ter· "'lindow' Door Reprao::emen~
Ba .. Bid:. 29,750
3. ComrabJ Das.uments. ThLt Contract shan consist of the documents set forth be.low, whict'l. are
on 1We with th;3! Cit'{ Clerk ant: are hereby incorporated by reference. fat the purposes of
cOfl$trUing, interpreting and resolving inconsistencies between the pro ..... isior-s of this Comrol~t,
thew documents and the prO\fision, theTet>"f .lre set fanh in the following d"escendh"1Q or~er of
pleeedenc:a.
... This Contract.
b. Notice Inviting Formal Bids.
c. Contract SpecifICations.
d. Drawings.
e. Cn.afl~e Orders.
I. Sid.
". Swpplemen"tary Conditions.
h. Gene(al CananioflS.
1.. SUfl:lj:ud Drawings and Specifications 11S72).
j. Ce.nificate of losvrance, Performance Sand and Labor and Malerizls Bond
k. Affirmative Action Guidelines iind Compliance Report.
t Other Specific.ations, Dr patt thereof, not expressly incofPora-:ed in the Cormac!
Specifications or the Standard Drawings. and Specif:Ciuions (1972~.
m. Anv other document not expresslv mentioned herein whicl1 is i.ssued bV City or ente,ed
into by the parties.
4. COmp8DHtion. \1"0 consideri.uon tlf Ctlntractcr''So performal'\ce of its obtigations hereuoder. CIW
s~1'I pay 10 ContractDf the amount S&t forth in COI'ltrictor', Bid in accorda.1C9 with tl'1e
CITY ot PALO ALTO: COl1tr:3ct Sample 111921 SECTION 00500-' 017
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PART o· CONTRACT SECTION 00500
5.
~ovision&. of this Coottacl and upon the receipt of written in\loices and ail necessary
lupporting documentation within the time set forth in ,:he Contract Specifications O!:nd the 1972
Sundvd DrawillQ$ and Specifications., or, if no time is .stated, within thirty 130) Days elf the
d.aUt of rec#i:n of Contractor's b"oices.
!nsurance_ On or ~rore the Date of ExeclJtion, Col"ltracto{ shali obtd~n and maintain the
poraCiei of insur.nce coverag'f descriOt:d in the Notice In ..... itinC Formal ac.s on terms ;ilnd
cond-'tiorl.l.nd in amcunts as may be reQuired by the Ri$k ManaQli!r. City shaU I"ot be cbfigated
to tak! out i.n:sllrance on COntTactOf'1 personal propertY or tl'1e pe~sonar property of any per~{l11
per'formfnQ labOf or nrvices or sU'ppryin~ materials or eQuipment under the Project, Contractor
$1'1"'" furnish Crty with the cerJficates of ins\Jfance and \"/h:h oriw:inal endorse menu affectiniOJ
coverage reQui red under thi$ Contract or; or before tMe Date of Execution. The ceniflcates and
endorume.,ts foc each ms.uranee p.ofic:.,. shall be s(Q'ned by a pt($cn who i~ alJthor\ze<1 by ttl.at
insurer to bLM' covera~e 011 its behalf. Proof of insurance sM11 be rn .. i1ed t..::l t~e Project
Manager to the addres.s set tonh in Section 15 of t~;s Contract.
B. Indemnification. Contractor aQrees to protect defend. indemnify and hold Crt.,. its Chy Council
members. officers, an.d employees harm;ess from and ilgainst any and an claims. demands.
liabilities, losses, da:"1'lages. COSU. expenses, fiens, pe(laltjes • .suits, or j:..rdgmem.s. arisinQ in
whole or in part. directly Of indirectly. at ;eny time frem an'Y ~l1j\Jr)' to >:If death of persons or
damage to property as ~ result of the willful or n~gliQem ;Jct or omrssion of Contractor, or
whic" resurts. from Coniractor's noncompliance w~:h al"l\{ La .... respect;llg the comfrtion. lise.
occuPltion Cf s.aflilty at the Projec1 site, Of any part thereof, or wiiict1 .rises from ContrClc10("
tai1\Jfe 10 do anYthing lequired under this Conuact or for c:foinl:j .;InYlhing whic.h Connactor is
reQuir€d not to do Iolnder this Contract, or which ;arises. from cond:.Jct tor which any law
imposes strict fi3biliI\l on Conlrctctor ~ the perforfTlanCe of or failure 10 pertorm the terms and
conditions of this Contract. 8ltCept as rna..,. ati.se from the sole will{yt or neglige,,'!;. act or
omission cf Chy lOr any of its CitY Coundl members. cfficers, or employees. This
indemnifi::;.ation s.t\an extend to any and all claims, demands, or ~ens made cr filed by reason
gf any conslructi"n, reno ... ation. c;;:r remodeling Worw:: performed by Contractor under this
Contract at ;n~ time durirrQ the term of this Contract, or arisinQ" t/",ereafter.
7. Aswmption of Rislr .. Contrac:or aQ"rees to ",o:untar~y assume any and 01:1 risk of loss, damage,
or iniury to the procerty of Contractor which may occur i.1.. IOn, or about the Project .$.ite at Clfly
time and in any manner. exce)l!inl,;' such lOSS, inJL·ry. or damage as may be caus;;!<1 by the scle
...... illful or negligent 2ct or omis.sion of City or any (If its City COun61 members. officers, or
employees,
8. Wai..,er. The acceptance of any payment or periormance. or any part thereof, snail (lot operate
as Oil waiver by Cily of i15 rights under this Contract. A wail.er by City ot a.w breach of a!"ly
part or pro ... ts;on of this Contc.-:t b'y' Contractor shall not ope(ate as a waiver or contifluing
waiver of any subsequent breach of the $ame or ilny other prO\lJsion, not $hall Clny custom Ot
'pracnce which m.V ari$e be1ween the parties in the administration of an,. part or provision of
thiE Contract be construed to wail,le or to l.essen the riQht cf City to insist upon the
performance of Contractor in strict compliance with the covenants, terms and conditions Of
tl1 is Contra-ct.
9. ComglianC!!!! with law~. Contractor shan complv with a.U Laws now in force or w"hlch rna.,
hereafter be in tDrce penaining to th6 PrCljecl and Work and this Contract, wiUI the r'Quirement
CIT'i' oi PALO AlTO; Contract Sample \H92\ SECTION OOSCC-l 01 "1
PART/I-CONTRACT SECTION 00500
of any bond or fir. underwriters elf other sim~ar bo~V now or I'u~reafter constiwte-:1, with any
cfr.s.cretionaty license or permit iS$lU!d p'JfSuant ta any lilW of any public agency or offic;al as
wll! as with iilny provision of an recorde~ docIJmerus affecting the ProjecT liite. insofar.as any
.ra ri!qulred by '''ion of tha use or occu~ancy of ttle Project .lite, and with an Laws pertaining
to nondi3(;rimlnation lind affirmav\le action in employment and hazardous materials..
~o. ~. As .. condition Pleceden-t to City'S obligation to pay comper,sarion to Contractor, and
on or before the DBa of becvtion. Contractor shail turn is,", the Bonds as requited uncler the
Notice Inviting FOm'\CIIJ Bi<1£ to the Proie~ Mar:s!;Ier.
11. Representatiqns and' War~anlies 111 the SUpp11' of iU"", m.uerials iilnd E'quipmt'!'nt and the
reru:lering of labCllf and services durii1~ the course and scope of the-Project and Work,
Contractor represents OIInd warrants:
iI. AnV materials ilnd E-Q'uipr.'l~nt which sn.11 be used dIJ1inQ the course and .sco~e of 'the
Project and Work shall be vested i r1 Contra ctor;
b. Any tTlilterjais and eQuip-ment which .. halT be used" during the cour!:e and scope of the
Proj43ct and Work. shat! b~ merchantable and fit to be used ftH the pan.icular pIJtpose
for which ttl_ material.s are re~t.lired;
1;. Any labor and services rendered and m.teri,als and eQuipment used or employed dutjT'l~
the cours. ilnd sCCJpe of the Proj~ct .md' Wo<"k shan be free of defect!; in worio:.!"l"'.a.nship
for Ii period of one 0) year after the recordation of Ihlo'! Notice of Si.lbstanlial
Completion. or, i! no .such. notice is required to be filed, on the date that final payment
is ~de hereunder;
d. Any manufacturEr'S warranty obtained try Contractor shari be cbtaini'd or shilll be
dei!med tlb,ained bV Contr;lctOf for and on beh;llf of City,
e. AAy informatio:1 Submitted by Contractor prior to the award of Contract. or thereafter,
upon le~uest. whether c:r not submitted under .. cont~nuing obiigation by the terms of
the Contract to de so, is true and correct ai the ttm'!!' such information is submitted or
made 3\1ailable to the City;
f. Contractor has not colluded, conspired', or "greed, directly OJ indirectly, with any
person in.. r.!'~ard to the terms and conditions of Contractor's Bid, except as ma)! tle
permitted by lhe Notice In..,iting Forril;;l[ Bids;
g. C(lr'l-rractC1r nas. the power and aulnorir., to enter into ttli:; Controilct with City, tnat the
ina.vidual executlng this Contract is du!v authcrized to do so by appropriate resolution,
and ~h.1t this C'Jntract Eha.rI be executed, deli\lered and performed purs.u~nt to the
power and alJthority conferred upon tl"1e person or persons a\Jthorized to bind
Cant.actor;
h. Contrac10r has not made an attempt to eJ'en undue inriuence with the Purch.o:sin~
Moilnager or Project ManaQer or ary other person wr.o !"las directly contributed to C.ty·s
decision 10 award the contract 10 CorlVaCtOr;
CITY of PALO ALTO: Contr3Cl Sample (1192\ SECTiON. 00500·3 01 7
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PARr 0 • CONTRAcr SEcnON 00500
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Thert! are no unresolved' cla:rr.5 or disput81 betwellJn Contractor and Ci;y which would
rrnItllilrially affect Con-tractO('&; abiiity to perform under th.~ Contract;
Ccntractor has fumishe-d arld' will fumish' ~ and ICCO r2 ".e litatements, records,
reports, resolutions, certifica.tions, and othe: nen ftltorr 'In as may be requested
of Contractor by City trom lime 10 time durin" the term 0' i .. j:5 Contract:
It. Contractor and any person performing labor .and serliices under this Projee1 is duly
licensed a$ iii contractor with the Stare of Ca/jfomi. as leQuired by California Business
&: Professions Code Section 7028, as amen.dp,d; and
I. ConU.ictQ( has fun.,. ex-amined and in$pee!ed thlt Projeet .ira and has furl kr.owledae
of the physical conditions Of the Project .site.
12. ,Assignment. This Contract and the ~erlomlance r6Quired hereunder is personal to CO!'ltractor,
and ".shan not be assi;;med by Contractor. Any attempted assiQnmenr .shan be null and \loid.
13. Claims 01 CCnlraetor. AN claims pertaining to extra work, additional charges, or delays within
the Contract Time or other dispute.s arisinQ out of the Contract shall be submined by
Contractor to City in writing by certified or reQ'istere d' ma ~ with; n ten (t OJ Da YS afte r the cia im
arose C)o!' within $uch other time 8S may be permined or reQuired by law, and shan be des<:ribed
in .za;fficient dlltail 10 give ade\;juate notice of the substance of the claim to City.
14. Audits by City. During the l~!1m of thi.s Contract anod for G period of not len than threE' 13J
years after the expiration or earlier terminalion of this Cont(act. City shan ha .... e tt-,e riQht to
a.x:lit Comracto('s ProjecNeiated and Work-related writing,:; and business records, as such
tBrms Ife defined in California [..,iden.ee Code Sections 250 aM 1271, ,,$ amended, durinQ the
r~ular business hours of COl1tractor, or, If ConU3C":.or has no such hours, during ttle regu;ar
businus hours o!" City.
15. ~,All agreements, appointments, otppro..,als, auth.orizations, claims, demands, Ch.:1i'e
Orders, conslltn.ts, designations, notices. offers, :eQuests and statements Qiven by either party
to the other shall be-in writing and shAn be sufficiemly gi .... en and SErved upon the other party
if IT) perscmany served~ (2) SI! nt by the Ur.lted States ma i1, posta ~ e prepaid, (J I sent by private
iI-"Prus der.very service, or (4) in the case ",f. fa;;sim~e transmission, if sent to the telephone
FAX number ut forth below durir'lQ reQular business hours of the receivfnQ' party and 'onowed
witr..in two 12J Days by delivery elf a hard cCp'y of the material sent 'Jy facsimile transmiS$ion,
in acc:ordance with (1 j, (2) or (3) 81;10 .... e. P~rscm.al service shall ~ndude. withOut limit.li.m,
service by delivery and .service by facsimlle transmission.
To City:
Copy to:
City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
CiW 01 p, :J Alto
Department of FacilitieLManagement
CITY of PALO ALTO: COntraC1 Samp;e 0/921 SECTION 00500-4 of 7
PART" " CONTRA CT
To Contractor:
250 Hamnton Aveoue
P.O. Box 10250
Palo Alto, CA 94303
(4151 49s..~
FAX, 1415) 329-2468.
AnN, Karen Smith
Phil Lang Construction
SECTION 00500
'_1 _________ _
FAX: '_I ________ _
AnN' _____________ _
16. Approoii.tipr') of City Funds. This Contract is !ubject 10 the 'fiscal Jlrovlsions of Article iii.
Section 12 Clf the Chartar of the City of Palo Alto. Any ctlarges hereunder for labor. services,
materials and eQurpment may accrue only after such expencPtules h4lve been appro\,ed in
adv.anc;e in writing in accord4lnce with ilJlPJ'lcable lews. This Contract sllan terminate withoLit
penalty Ii) at the 2nd of any fi!::cal year in the event that fun.ds Ire not appropriated tor tt1e
following fiscal veat. or iii) at a ny time withi n a fisca I year ~ th e event thai fun d's itre anf.,..
.a.ppropriarej for I panion of the fisc.;1 year and tvnd. (or this Ctlntract are no longer a\lClilable.
This Section 16 shall control in the event of a conniet with any other ~rovi:;ioi1 of this
COfltt3ct.
17. Mis ee l1anegus.
a. Bailee Disclaimer. The parties understand and agree tn.at City does nOI purpon. to be
Contractor's bailee. and' City is, therefore. not re.sponsibie for any damsee to ~he
personal property of ContraC'to~.
b. Consf;!nt. W'henever in thi~ Contract the ilpprov.al or consent of .a party is required',
such approval or consent shan be in wrltine and ~hatl be executed t:y.a person haYing
the express authority to grant such approval or consent.
c. Controliin~ Law. The parties aeree that this Contract shall be ~overn.ed and ct'nstrued
by and in accordance with the Laws of the State of California.
d. Definitions. The definition.s ;lind terms set forth in Section 1 of the Standard OrawinQ"s
and Specifications (1972) of this Contract are incorporated herein by reference.
crrv Clf PAJ.O ALTO: Contraet Sample (1/921 SECTION 00500-5 "I 7
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PART 1/-CONTRACT SECTION 00500
•. Force Majeure. Neilht!r party shall be deemed tQ te in defOlult on iili:c~unt of any delay
Of failurE to perform iu obligalio!1S under this Contract which dire::tly resvlt.l'\ frem an
Act ot God or;lln act of a .superior governmental .authority.
f. Headings, The parilgrapn headings are not a 'part of tl1is ConUact and shan have no
effect upon the coos-truction 'Or interpretation of an..,. part ot this. Contract.
g. ~neorpor.tion of Documents. A!J doc<.:me(lts constituting the Contract documents
Oescribfld ~ Section :3 hereof ;and al! document.;., which may, from time to time, be
reierred to in any duly executed ilmendment hereto iire by such refererlce incorporated
iii thie Contract and shal! be deemed to be part of this Contract.
h. Integration. ihis Contract and any amendments hereto r-etweer. the p<lr:.ie.$ coostit,.rt~
the entire agreement between the parties cOIlCel'niOl" tne Project and Work. 3"ld there
are no other prior oral or wrirtt:!n agreemer:u, between tl'1e parties that are not
incorporated ill [n.is Contract.
i. Modification of Agreement. This: Contract shall nct be modified or be binding u~on the
partits. unfess such modi!"ication is ii40ireed to in writrn~ and $i~ned by the parties.
j. Provision. Any agreement. covenant. c<lnd'ition. clat.Jse, Qualification, re.o:triction
tese~vation, terRI or other &.t[pulauon in the Contract shall define or otherwise cQntrol,
establish. or ~mit the periormance reQuired or permined or to be reQ'llired of or
permined by either ~arty. An pro .... isions, whether covenant$ or conditions. ShBn be
deemed to be bott. co .... enams and condltions.
k. Resoh.ttion. Contractor shan 5ubmit with its B'td., COpy ot any cf'lrporate or partnership
resolution or other wrjtin~, which authorizes any director, officer or other employee or
partner to a .... "t 'for or on Mhatt of Contractor or which authorilu Contractof to enter
into chis Contract.
I. Se\lerCibillty. If a court of competent jllr1sdi~ticn finds or rules tI",;at an..,.· ,provision of this
Contract is void' or unil!nforceabl~. tMe provisions of th1s Conti act r.ot so affect~d shall
remain in full force and eHect.
m. Status of Contractor. In the exercise ~f ~ights and obl'lQilltions under this Contfill~t,
Contractor acts illS an independent contractor and not ~s an 2.ljent or employee of City
Contract<lf s.hall nat be entitled to any riQhts and benefits accord;ad or accruinQ' to the
Ci'ty COl.Jr1cit members, oHieers or empioyees af City, .and Contractor ex,pressly wai .... es
an,;, and a!1 claims 10 such rights and benefits.
rl. Successors and Assigrls. The pro .... isions of this Contract shall inure to the benefit of,
and shall apply 10 and bind. the successors and assign,s tlf the parties.
o. Tune of the Essence. Time is of the essence of th:s Contract and each of its
pro\(j$lon5 [n"the calcularion of time hereunder, the time in which an 03ct is to be
perlomli:d .shall be computed" by lEi'l(clud~n~ the first Day .end includin~ the last. if the
time in which an act is to be performed fafls on a Sat!Jrday. Sunday, Of any D;ay
observed as a leear horrd.::JY by City, the time for performance shall be extended to the
en-y of PALO ALTO: Contract Sample 11 .. 921 SECTION 00500·6 of 7
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PABTII· CONTRACT SECTION 00500
follOwing Busineu Day.
p. VMUIll. In m. event thlt suit is brougt'!t by either "arty Mreunder. the PJ,rti., '"rN
that trial of .such action ,hal:! be \luted IJ[cru.s4VOIV in ttut SUltl CDUrts n1 c..rifomil in
'the ~cunty 01 Santa ClIr, in the City of Sin JOS8 Of in the United Stites Oi.strict Court
for thI Northern District of Caliform. in the Crty of 58n Jose ..
IN WiTNESS 'WHERE'OF. the parties ha~ .x~uled this Contract on the date first iOOve stated
U1 P1IIo Alto. C&ilfomil.
AnEST: CITY OF PALO AlTO. CALIFORNIA
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APPROVED: CONTRACTOR: ________ _
By: _________________ _
N~~e: __________________________ _
T~e:: ______________________ ___
Taxpayer 1.0. No. __________________ _
APPROVED AS TO FOAM:
_ Clty AnomeV
END OF SECTION
CITY of PALO ALTO: Contract Sample !~/921 SECTIO N 00500-7 oi 7