HomeMy WebLinkAbout0496.092·" ; November 12, 1992
THE HONORABLE CITY COUNCIL
Palo Alto, California
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Mitchell Park Library Remodel -Award of contract
Members of the Council:
Report in Brief
This report recommends that council award a contract to Phil Lang
Construction in the amount of $36,000 to replace the ci~culaticn
and reference desks, and remodel the sorter room at the Mitchell
Park Library. Funds have been appropriated in the Public Works
Department, Facilities Management Division Rehabilitati':m operating
budget.
Background
Mitchell Park Library was built in 1958. The circulation desk,
reference desk and sorter room no lonqer acco~odate changes in
technoloqy or the significant increase in workload over the years.
The re.qu;.red operational needs of this library will be met by
replacing the circulation and reference desk and remodeling the
sorter room.
Discussion
Bids were received from five qualified contractors as shown on the
attached summary. Staff recommends that the bid of $36, 000,
submitted by Phil Lang Construction Company, be determined by
Council to be the lowest responsible bid and that the contract be
awarded accordingly. This bid is 7.4 percent below the engineer's
estimate of $38,8i5.
Recommenda'tions
Staff recommends that council:
1~ Approve and authorize the Mayor to execute the attached
construction contract-with Phil Lang construction Company in
the amount of $36,000 for the Mitchell Park Library remodeling
project.
2. Authorize the City Manager or his designee to negotiate and
execute one or more change orders to the construction contract
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CKR:496:92
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with Phil Lang Construction Company~ the total val~e of which
change orders shall not exceed $5, ooo~
Respectfully submitted,
CAL CORAN
Facilities Engineer, Facilities Manaqement Division
(;L () H'i () ~!2:@~j lA:,.t~.
DAVID G. ADA!!S
Director of Public Works
Interim city Manager
Attachments:
CMR: 496:92
Bid summary
Contract Pages
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MITCHiLY PARt LIBRARY -FRONT DESK/SORTER ROQM
BID SUMMARY
Phil Lanq Construction
A. Ikeda , Associates
John Geyer Building Co.
Konqird Construction
Coulter Construction, Inc.
KPLIB eIRe/SORT
10/14/92 ]fv
$36,000
$41,975
$43,700
$45,372
$46,153
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CONTRACT
This Contract. dated _________ , "IS entered irlte by and' between the Cit'!
of Palo Alto, .. m~lnieipal corporation of the State of California (·City") , and -::-:;-__
PhO Lana Const'Vction • a _, ,"Contractor")' whose
"80>:&llyer Identificao:ion Number is ______________ _
FOf and in consideiiiltion of the followinQ covenants, terms and conditiOfls, Cfty and Contractor
j"'1M parties") agr6e:
1 , Term. Thi$ Contract shan commence all, and be binding on ttl.;;! parties on, the Date of
Execl:tion af trns Contract and shall expire on the dale of recordation of the Notice of
Substantial Completion, Of. if no such notice is re'luirtd ro be filed, on the date that final
,payment is made hereunder, subject to the earlier termination of thi.s Cont'"aCL
2. Gl1!tra! Scope of Projtct 8n.4..W'm.. Contractor shall furni5n lab<Y. services, mOiterials and
eQuijJment in connection with the con!:truction of the Project and complete the Work in
Bccordance with the cOlo/enants, terms and conditions of this Contract tCi the satIsfaction of
C"1ty, The Project and Work is generafly described as follows:
Title: Mitch,1I Park Library~eLJ=ront DesklSorter Room
Ba .. Bid: .... 3",6,..000= __ _
Add Alternates (if any): $: -"N""AO>... __________ _
3. Con-t.!3ct Dccymeots. This '::ontract shalJ conSlst of the docum~nts SSt forth below, which are
on file with the Ctty Clerk and are hereby incorporatud by reference. For the purposes of
construing, interpreting and resolving inconsistencies between the pro .... isions of thiS Contract,
these docuiTlo:l!nts and the provisions thereof are set forth In the following descendin" order of
prece&nce.
a. This Contract.
b, Notice Invrtin" Fo rmal Sids.
c. Contract Sp~ificatiOn~.
d. Drawings.
e, Change Orders.
f. Bid.
g. Suppfementary Condi!ions.
h. Generaf Cooditions.
i. Standard Drawings and Specifications \19721
j. Certificate of Insurance, Performance Bond and Labor and Mat~rials Bond.
k. Affirmittive Action Guidelines and Compliance Report.
I. Other Specifications. or flart thereof, not expressfy incorporated ~n the Contract
Specifications or the Standard [)fawings and Specifications (1 1372).
m. Any other document flat expressly mentioned herein wh:cn is i$Sued by City or ente[~d
'into by the parties.
ory oj Polio Alto: CONTRACT (11921 Peg. ,
corllRACT (Ctlf1tinlled)
4. Camgonsatioo. In consideration of COunaclor', performance of its obligat~on s hereu nder, City
shell pay to Contractor 'the amount set forth in Cont;-actor's erd in acr:ord~flce whh the
prOlliS\Qrlfi of this Contract and upon the receipt ot written inlloices .nd' af!: nece~.s.ary
supponinc documentiJtion withfn the time set forth i."'I the Contract Specifications and the 1972
StCl'odard Ch"awings and Specifications, or, if no time is state.d, ....... ithln thictv (30) Davs at the
date of receiPt of Contractor'! inllOicas,
S. .l.!li..U.!i!.~. On or before the Date of EXe(:utkm, Contractor s.hall obtai:1 and maintain t"a
polid~$ of insur~ree co"erag~ described in the Notice lnllitin~ Formal Sici; on terms. and
conartiOn5 and in amounts as may be requiroo by the Risk Mana~er. City .!;haf1 not be obrlgated
lC take 01Jt insurar.c8 on Ccntractc>r's ~rs.¢o.s! prOf)4!rtv or the ?ers.ona! prope~ of any ~rSCX'.
performirtg ~bor or services or l':Jpplying materi;.Jls or eQuipment under the Project. Contractor
shan fumi!;.t'\ C~ wrth th~ c6rtificats$ of iros .... ra,nce and witt; original ~nd\lfs.emtil'," aff9Cting
c:overgge requH"ed under this Contract on or before the Date of Execution. The certifICates and
endorsements for each il'lSur3T\1:e poticy shall be sigMa by , pers-on wno is authorized by that
insurEH'" to bind cover.~ on its beh.lf. Proof of in.!lurance snali be ma~ed to the Project
Manaoer 100 the-address S8t forth in Section 1 5 of this Con"tr3<.:t.
€I. lnd&mnification. Contractor agrees 10 protect. defend, if1demnity and hold City. its City CO\Jf'IC"it
mcmt:>er5, officers, iiIIr"Id employees harmless from and aga~nst any and an claims, dem.mds,
fii&biliti~. \asses. damages, costs, expense-5, liens. penalties., suns, Of jud"ment. .. , arising )n
whole Of" in part. d"lrect1y or indirectlv. at any time from any injury to Of Geath of pef.iOns or
damage to property as a Utsutt of the willful or tlegli,,(fflt act or omi"s.ion of Contractor, Of
which rUIJIts f:"om Contractor's noncompJlance with any la ..... respecting the cond .... tion, use,
occupation or safety of the Project site, or any pan thereat. ':J( which arises from Contr3Ctor'.
failure to do anything reC)uired under thiS Contract or fo( dQing ar:ything which Contractor is
required not to do U"nder "this Contract. or which ar"lses from conduct tor wh'lch any UW
impoMs strict liat!mty on ContrK1:or in the ,)erf'lrm,nce-of or failure to perform the terms and
ccndi1ions 'If this Contract, ~)cC8pt as may arise hom the soft! wilifu! or negli~nt act Of
omission of City or any of its City Council members, officers, or emplovees. This
indemnification .shan extend 10 any and all claJms, demancb, (ir flEl:1s m~de 01' fIled by reaS""fl
of an'll cor1Struction, (enovation, or remodeling Work performed by Contractor under this
Contr.;tCt at any time dur:ng the term of this Contract, or a~$ing tJ1ereafter.
7. AlsumptiQrl of Risle.. Contractor agree. to V04untafiiy aSSUMe any ilind an rlsk of ~s.s, da mage,
or injul)I to the PrQPf!rty of Contractor which may occur in, 0;"\, or about the Project s.iu; at .iny
time and in any ffianr.er, SJ(cetlting .such K;lSS, irijury, or damage as may be c.aus.ed.by t~ sole
willful or negligent act Of' omission of Crt;' or any of its City Council memhe~s, \JJficers, or
employees.
8 W.~.!.-'-!jI. The acceptance of any payment cr performance, cr any part :hereof, shall Mt operate
ali a wa:ver by City of its rights under this Contrfr.t. A waiver by City of any breach of aM\!
part o( provision of this COntrAct by Contract"r ,>hall not operate as. a waiver or continuing
waiver of anv subsequent breach of the same or any other provis.ion. nor shelll any custQm or
practfce which may arise betwettn the parties in the administration of any part or provision of
this Contract be construed to waive or to lessen the ri:;lht of City to insist upon me
performance of Contracto~ in strict compliance with the cov~nants. terms and conditions of
this Contract.
9. t.QDlIlHance With taws. Contractor shall comply With all Laws now in torce or which may
hereafter be in force perti1ininQ to the Project and Work and this Contract. with the reQuirement
c>f any bond or fire underwriters Ot other $ima.r body now or !1erufter consiituted, with any
(fiscriltionary license or permit issued pursuant to any Law of any public agency 0<'" official as
wer; as with any provision of an reco<'"ded documents affectinQ! the Project site, insofar ,s an'\l
are reqlJire-j oy Jeason of the use or occupancy oi me Project site, and with all Laws pertaining
to nondiscrimination and affirmative action in emplovment anc! hOlzardOiJs materjals.
City or Palo Alto: CONTRACT (1!9li
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CONTRACT IContinoed)
10. ~. As I cO(ldition precedent to City's obli!;l3tiof: to pay eompEln:HItlOI1 to Cor11ractor, and
on or befor. &!e Date of Ellec-ulion, ContractOf shail furnist'. the Bonds as reQuired under the
NOlie" Inviting formal Bids to tJ'lt: Project Manager.
'1. R!!!:Pl@nlll;t1iQnS and Warrantj .. s. In the supply of any materjals and eQuipment and the
rendering of Ic.bor and services during the course and scope of tn8 Project and Work.
ContractQ( represents .~ warrants;
a. Any materials and equipment which shall be used durinQ t'rH! course and scope of me
Projec; and Won: shan be vested !n Contra Clor:
b. An,( materii:!lli CloiW equipmem which shall be used during the course and IiCOpe of the
Project and Wo~ shan be merchantable and ft! to be used for ti1e particular purpose
for which the materials are required;
c. Any fabor and service.'" ;-enderad and materials and equipment IJE'Bd or em~!oye-d during
the eourM and scope of the Project and Work shall be free of defects in workmanship
for a period of ene 11~ yeer after the recordaoon of the Notice of Substantial
Completion. or. i1 no such no't1ce is r8Qu'ir2d to be 'filed, on the date tha1 fina! paymer.t
is made h ereuncE':'";
d. Any manufacturer's watrant)! obuir,ed bV Contractor shan be obtainp.d or shall be
deemed obuined' by Conlractt>!' for and on behali o~ City.
e. Any infonnation submi!ted 'by Contractor prior 10 the award of Conuaco, Col' thereaft~ ...
upon reQuest, whether or' not su bm ined under a continuing obliglftion by the terms of
the Contract 10 de s.o, is true 3r>d correct at the time such information is submitted aT
made available to the City;
f. Contractor has not colluded, conspired, or agreed, directIy or incfirElctlv. with allY
p&rson ill regard to the terms and ccnal1.i;;ms of COntT'2Ictor's Bid, exc~pt as rosv be
permitted by !he Notice Inviting Forma! Bids;
g. ContraC1:0r "as the powe-r and authority to enter into this Contract with CitY, thal the
ind\vidu.ll executing this. Contr3ct is duiV alJ'tr.orized to do so by appropriate te-solution,
and that this Contract shan be executed, derivered and performed pursuant to the
power and al..l'thcrit\l ti;ln~erred "pcn the person or persons authorized 10 bind
Contr'acter;
h. Contractor has not made an attempt to exert undue infh . .'ence wfth tl're: Purcha:oing
Manager or Project Manage1' or an'i other person who has direetl)l contributed to City's
decision to aword the contract to ContractOf;
i. There are no unresolved claims or diSputes between Contractor and CItY which would
m8teriarlv affect COf'itr-e-ctOT'$ ab\\it)l to p~rfotm under the Contr .. c't
j. Contfact~( has tUHlis.tled and will flJrnish tnJe ar.d acc.l..lrate statements., records,
/'eJ)'Crts, resolutions, certiffcations, and other written information as. ma~ be requested
o.t CC"\ractOf '0" CiW from \ime \0 time d'JrillQ the term of this Ccrwact;
k. Con\ractcr and an." person perlormin~ labor arid s.ervices under this Pmject is dlJl\I
rocensed as a co~tractor with the State of California as ret:;uirad bv California BusineliS
&. Pto1essions Code ~ctiorl 70028, as am~mded; and
t Contractor has fu(ly examined aM in.spected the Project site and has. fun ~f\Owl.dge
of the physic3~ condition!; of tl'!t Project site.
Oty Of Pe/.o AIt" CONTRACT (119.2)
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COIVTRlt.CT (Continued)
, 2:. AH!gnmont, This Contract and th .. perfo:mance r6Quir&d hereunder is personal '1:0 C.,ntf8C1:('t-'",
and it sh&tl not be it.SSig~d by Contractor. Any attempted i!lS$ignm.ant sharr be nun and .... oid,
13, Claims pf Cpntrjuupr. Ail clalms pertainirJg to extra work.. additional chanol8s, or d~lavs. within
the C<mtract Time or other dlsputlEls arising out of the Contract shall be submitted by
Contractor 10 City in writing by certified or registered mall w.thin ten 110) Days after the craim
arose (Or witnfn such om.r time as may be perminGd O~ required by law, and shall be dsscribed
in sufficienr del:3i1 to give adequate norice of t:r,e subst:ince of the claim to City.
T4. Audit, bv City, Durino the term of this Contract and for 21 period of not less than three (3)
ysare dtar the expiration or earlier t6rminalii:m of ttlis COIltract,. City sn&1I h.ve the right to
;IIucfrt Contrletor's Project-related and Work'r~lited writings ilnd DusinElS5 !tlIcords, as such
terms lie deTmed in Cali'fomia Evidence Code Sections 250 and 1271. 01$ amended. dur;ng the
rfigufar busilless hours of Contractor, or, If Contractor has no such hour£;, dtJting the r&gOllar
blJS,inelS ~IJrs of City.
15. ~. An agreements, appointments, appro .... als. 8llthorilatio!1J., claims, demands, Chilnge
Orders, consents. designations. notices. oftilra. requests end statementS giv&n bV either partY
to the other shan be in writing and &han be sufficientlv given and served upon the orner party
it t1) pefSOfICiIty sewved. (2) sent by the United States mali, postage prepaid, 13, sent by privata
express deij'o'e-ry servic~, or (4) i!1 the case of a f,csimite transmission. if st!nt to the teiephone
fAX number set forth bel',)w during r6Qular business hours of the receiving party and followed
within tw<! (2) Davs by deJiVilry of a h.ud copy of the material .seni by facsimile transmission,
in accordance with tl), 12) or (3) above. Personal service shall include. without limitation,
service by delivery an,j seNica by fac5imite trarH5mission.
To City:
Copy to:
To Contractor:
City of ~Io Alto: CONTRACT ~ 1 /92)
City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo ... lte. C'" 94303
City of Pa 10 Alto
Department of ...f..I.dili~....l..-Facilities
250 Hamilton AVE!nue
P.O. Box 10250
Palo 1'.110, CA 94303
(41 ~l 49&-,,6"'9--=2Q":-,= _____ _
FAX: 14151 49S-~ _____ _
ATIN: Karen Smith
J::'liit Lang Construction
I_i ___ . ______ _
ATIN:
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CONTRACT [Continued)
16. AQRlQonation of City fundi, This Contract is subject to the fiscal pr<:l .... isions of Anicle III,
Section 12 of the Charter of the City of Palo Alto. An.,. charges hereunder for labr.;r. ser.oices,
ma1eoials and eQuipmem rnay accrue only .after su<:h IIxpGnditures have been approved in
advance in writing in ac:r.:ordance with appllcable law~ This Contract shall termin.ate wfthout
P6nalty W at tM 'rid ~f e~',' fi.:;.c~1 year i., the el,len\ that funds are not appropriated for the
1ollo'"yjng fiscal year, or (;i) at Clny time within iii fiscal year in the e .... ent that funds afe only
appropriated for a portion of the fiscal year and funds for thiS Contract are nD lonoer i\laiiabla.
ThilS Secticrl 16 s"'a{! control in the E~'ent of iii conflict with any other provision of this
Contract.
i 7. Miscelianeou g"
a. Baileoill Disciaimc r. The parties understand .nd a~ree that City does not j:H.HPort to' be
Contr3etOr's bailee, and City is, the~etore, not responsible for any damage 10 the
personal propeny of COfltractor.
b. Con~"?'it. Wl-aene ..... 1jf in this Contract the approvgl 0( eo:nsent of a party is required.
such approval or consent shan be in writing and shan be executed bv a pe rson ha .... ing
the expreas authority to grant such approva~ ('If ctmsent.
c. Controllmg Law. The parties 2Qree that this Contract shall be go ..... erned 2nd construed
by and in accordance wi1h 1he La ws of the S tate of Ca lifornia
d. Definitions. The definitions and terms set forth in Sectioo 1 of the Stcrnd&rd Drewing.s
and Speefficatrons (19721 ot this Contract are incorporated herein by reference.
e. FCN'ce Majeure. Neithtf pany $hall be deemed to be in cSefault on aCCOlint of any dela','
or failure to perform its obligations under thi.$ Contract which Q'irewv results from an
Act of God Of an act of e superior go ..... ernmental authority.
f. Headin"s. The paragraph headings are not a part of this Contract and shaJI ha ..... e no
effoct upon the construction or intetpretatior:ll1 of sn..,. part of this Contract.
g. Incorporation of Documents. All c10cuments constituting the Contract documents
des.cribed in Section 3 hereof and all documents whic.h may. from time to time. be
referred 10 ir. any (fi,Jly executed amendment hereto a re by such reference incorporated
in this Contract and shan be deemed to be part of this Contract.
h. lmegration. nus COI,tract and any amendments hereto betw~9n the parties constitute
the entire agreement between the parties cOI1Ct1rning the Project and Work. and there
are no other prior orsl or written agreBments between the parties that afe nClt
incorporated in this ConrraC1.
i. Modification of Ag:r~ement. This Contract shall not be modified or be binding upon the
parties, unles.s such modffication is aareed to in wrltin~ and signed by tr,e parties.
j. Provision. Any agreement coveni3nt. condition. dauss. qualification, restriction.
reservation. term or other .stipulatiOn in the Contract shall define 0: cttlerwi.s.e contrOl,
establish, Of limit the performance required or permitted or to be reQuired of or
pennined by either party. All pro .... isions, whether covenants or conditions. shall be
deamed to be both covenants ond Cl)nditions
k.. Resolution. Comractor shall submit with its Bid a copy of any Corporate or partnership
resolution or other wr~t~ng. which authOrizes any director, officer Of ,,"ther employee or
partner to act (pr or on behalf of Convactor or which authorizes Contractor to enter
into 1his Contract.
City ot Palo Allo: CONTj:I;ACT (1 i9l) PBIt' 5
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CONTRACT (ContinueD)
I. Se'ler.bllity. If a court c1 compets"t jurisdiction finds. or ruin mat an.y provisiol'l of thi.s
Contract is. lIol,d or unenforCE;.able, the grOIlt$ion& of rt\l$ Contract nat so j:(ffected shan
remain in full fDice and eHect
m. Status of Contr3ctGr'. Ir, the e;(erc/se of t'1~ht3 and obligations under this Contrlct,
Contractar actS as. an indepeo.d~nt c~ntractor and not as an agent or empiove, of City.
Contractcr shall not be entitled to any rights anc! benefits accorded .ot' accruing to the
C~ Counci4 m(m1be,s, officers or emplovees of City, and' Contractor e xpres~iv war .... es
any 3Illd an claims to such rights and tlMefit,.
n. SUcceSSOfS and A~iQ'n.!L Tha prollisions of this Contract 51"1.11 inure to the benefIt of,
iind shan apply 10 and bind, the successors Md usigns of lr,e partias.
o. Time of the E&&8nca. Time is of the es.s.erlCe of this CO(ltract and "-3ch of its
provisions. In ttle calcuiatiQn of time hltf6under, the time in which an act :5 to be
performed snalt be computed bV 8yc::luding the fir.st Day and including the last. If the
tima in whictl an act is to be perfc..-med fans. 00 I Saturday, Sunday, or any Day
observed» a legal ~ofiday by City, the time to( pe,~orma(lc-e shali be eJCunded to the
1onowing Busine$s D;;!IY.
p. Venue. In the ever\'! thai suit is br<lught by e~~r party hereunder, L'le pa<"ties agree
that trial of such action sharr bEl 'oIasted 8.XClu$l' .... efy in the .state eourts of C .. liforr.ia in
the County of Santa Cia ra in me City of San Jose or itl the Unittd States Oistr~ Court
19: the NoTttlem District cf Cafftomia in the err,' of San Jose,
IN WITNESS WHfRE:OF, the partiN t,a'ols eli9Cl1ted thi5 Contract on the data first aOO'olo Ecaled
in Palo Alto, CaHiornla.
CIW OF P"LO "lTO. C>LlFORNI. ..
By, ___ _
City CIOri< Mayor
CONTRACTOR; __________ _
City Man.sger
Name:
Director of Fubftc Works Titfo: ____ _
Director of Finance Taxpayer 1.0 No
Risk ManaQer
APPROYED AS TO "ORM,
A$SisWlt City Attomev
City of PalO .6.110: CON~"'CT ('192~