HomeMy WebLinkAbout0299.093'., -o;;;,~~;,,>~,."". _
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May 13, 199)
THE HONORABLE CITY COUNCIL
Palo Alto, Cslifornia
Civic Center Fire Sprinkler system -CIP 19108 Award of Cont--....a~
Members of the Council:
Report in Brie'
This report recommends that Council award a contract to Grinnell
Fire Protection Systems Company, Inc. in tne amount of $341 1 548 to
install a fire sprinkler prc,tection system in those areas of the
Civic Center which are currently ..... ithout sprinklers. Funes have
been appropriated in elP 19108, Civic Center Building Fire
Sprir~ler System~
Background
The City'S High Rise Ordinance and Appendix 1-8 of the uniform Fire
Code require installation of fire sprinklers in ~igh rise
buildings~ The Civic Center currently has tire sprinklers in the
three basel!lent levels only. This project 'IoI'il1 install fire
sprinklers throughout the tower. council Chambers, and the Police
Department to provide a fully sprinklered building.
Bids were received froUL three qualified cO:1tractors as shown on the
attached summary. Staff reconu=lends that the bid of ;;341,548,
submitted by Grinnell Fire Protection systems Company, Inc .• be
determinea by Council to be the lowest responsil:lle bid and that the
contract be a~arded accordingly~ This bid is five percent belOW
the e~qineer's estimate of $360,000.
Due to the high probability of unforeseen job conditions on a
project of this type, involving modifications to concealed
facilities in a 20 year old building, a 1~ percent contingency is
~einq requested. This will cover items such as repairs which may
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C>!R:299:93
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be req".lired to the existing main line piping ",-hich • ..-ill be reused,
and any other unforeseeable job conditions.
Work is t~ntatively scheduled to co~~ence in July 199) and viII
last tor 12 months. construction in occupied office areas will be
scheduled between 6:0C p.m. and 7:00 a.m. so as to avoid di~ruption
during the work day.
Recommer.dations
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the attached
construction contract wit_h Grinnell Fire Protection
Systems Company, Inc. in the aTI10unt ot '$341 1 548 fer the
Civic Center Fire Sprinkler system.
2. Authorize the City Manager or her designee to negotiate
ana execute one or more changs orders to the construc~ion
contract with Grinnell Fire Protection Systems Company,
Inc .• the to'=:al value of .... hich change orders shall not
exceed $50,000.
Respectfully submitted,
KAREN SMITH
Acting Facilities Engineer
£d~!I4-
Director of Public Works
~ JI.utWly'
JUNE FLEMING
City Manager
Attacl"'unents:
CMR:299:93
Bid Summary
Contract Pages
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Grirmel Fire Protection
COseo Fire Protection
Superior Auto Sprinkler
bidsum 05/05/9)
~c CENTER FIllE SPRINKLER SYSTEM UPGRADE
BID flUMIWlX
IlA2l:: ADQ lI.oIj';RNAT~ ~ l!lIl Al:oI U AloI...1. lllJ.l
$341,538.00 9,600 750 351,888.00
$451,230.00 2"1,450 5,000 463,680.00
$518,800.00 14,860 7,420 541,080.00
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PART II • FORMAL CONTRACT SECTiON 00500
CONTRACT
This Contract, dillted' c' is entered into by and between the City of Palo
Alto, iii m\mi(:ipal corporation of the State of California ~·City·) • and G r i nne 11 Fire Pr 0 te.: t i 071
Systeos Conpany. Inc. ,a , ,"Contractor"), Wh9S8
Taxpayer IcUintification Number is ___________ ~~_
For and in (;onsi.darstJon of the following CovitOlnts, terms itl'1d conditions, City ana Contractor '-the
parties"', ag:CIHl:
1. I.D.c:m.. This COtltta::t ,h.iln c:ommence cn. and be binding on the parties on, the Delta of Execution of
this Contract and $han upi"e on the date Of recordation of the NotIC:':' of Substantial Completion, OJ,
if no such n01ice is required to be filed, on tt1e date that final pa'lment 1.5 made hereunder, subject to
the earner termination of this Contract.
2. Gentr.1 Scppe gf Prpjw and WQrX. Contractcr shall flJrnish labor, servlces, materials "ilf'ld eQuipment
in connection with ttw constrUction of the Project and comp'ete the Work in ilccordanc-e wrth tne cove·
nants, terms and conditions of this Contract to the S31istaction of City. TM Project and W<JrJe is
generallv described as fono ~-{s:
!ttle: Civic Center Fire Sprinlder Sys@m Upgrade NQ.: FQ02~93
8ase~: • __ -C~~4~1~,~j::4~C~' ________________________________ __
Add Altemates {if any): S __ "'?:.:./.:.A'-____________ _
3. Contract p!?Cumtflts. T:iis. Contract sha!i consist of we docurroen!5 set forth below, which are.:ll"'i file
with the City Clerk an\:! are hereby incarporated by refe.'ence. For the purposes ot construin~,
""t&fJl"!'eting ana resolving inconsiStencies between the provisions of this Cont,iict, lhese documems
and the provi'iions tnareof ar~ set forth in the fcHowing descend~nQ. order of precedence.
•. Thf! Contract.
b. Noticl! InYrtin~ Formal Bids.
e. Contract Sp&cifi.catioM •.
d. Drawings.
8. Change Orders.
f, S;d,
Suppl&m~ntary Conditions.
General Comfl1iDns
Standard Drawings and Specificaticn.s. (1992).
Certificate of Insurance, Performar'lce Bond and Liilbor and M~terials 8ond.
Affirm":tive Action Guide-fine$ and Compliance Repon.
g,
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I. Other Specifications, cr Pi!ltt thereof, not expressly incorporated in thIS CoMracl Specification"
or the Standard Df.;Jw~ngs and Sp~cification5 11992).
m, Altv other document not expressly mentioned herein which is i$suecl by City or entered into by
\he parties.
CITY of PALO ALTO: ronnal Cormact (Sample) NIFB (10/921 SECTION OO!iOO-1
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PART II -FORMAL CONTRACT SECTION 00500
•• CQmOiln.silticn, In considaration of Contractor'S pcrform.lr'lce of its obli"a:ions hereunder, City shall
pay 10 COlltraCtO~ the amount set forth ir, Contr<:1ctor's S'ld in accordance ..... -Ith tl'1e p:cviSiO:1S of this
Contract and u~n the rEceipt of wri'Nen invoices and Oll! necessary sup;JQrtin~ docwmentation within
the time 5Ct forth in the Contract Speciffcati",ns ant:! the StMdard DraV'iiIlg'> and Specifications I' 992),
or, if"o time is stated, within thiny (301 Days of the date of receipt of Contractor's in\lokes.
5, InSUrance. On or before the Data of Execution, Contractor st-,all obtain and main:ain the policies of
Insurance eoverage described in the Notice tnvitin~ FOi'ma~ Bid's on terms and cond'itlons and in
amounts as may be I"~uired by the Risk Manager. City snail not be-obli~ated t.J take out insurance
on Contractor's personal pooperty or the personal property of an,,:"' persor. ...,erform:ng fabor or services
or supplyin~ materials or eQuipment under tht:" Project. ContriC1o( shall furnish City with the
certificates of ;nsur~rv.:e and with oti:;:ir,al endorsements affecting cO\lorage requirEd under this Contract
nn or before tho! Date of Execwtion. The certificates anlt endo(sftmeniS for Mcn insurance t?oH;:;y shall
be signed by a person who is authorized by that insurer to bind cover.arile in its behaif. Proof of
"insurance shall be maned to the Project Mana!;ler to the address 59; forth in Section 15 of this
Contract.
6_ Indemnification, Contractor a!;l'rees to t?rof6ct, defer,d, indemnify and hoid C,ty, its City CouncH
members, officers, and employees harmless from and against any and all claims, demands, liabi!ities.
losses, damages, costs, expenses, rlens, ~enalt~es, suits, o( jud'!;lments, arising tn ,Nhole or in pa,""t.
cflfectJy or i.'1directly, at any time from any injury tc or death of persons (X da:na~e to property as a
resuh: 01 the willful or nlSrgfigent act or omission of Contractor, or which resu!ts from Cont,acto('~
nOl\Compriance with ;my La...v rflspecting the C"onditit:ln, us.e, occt,;paticn or safety of :he Project site,
or any part thereof, or which arises from Contractor's failure to da ilnything required under this
Conuaet Of' for doing anything which Cor;tr.ct(X is ret:juired not to do under thls Contrctct, ar which
arises from conduct fer which ."'y Law imposes strict liability on Contractor in the performance of or
failure to ,perform the terms an,j conditit:lns of this Contract. ~xcept as may arise from the sole willful
or neg~gent act or omission of City or any of its City Cour.cit members, officers, or emplo\lees, This
indemnification shan extend to any and all claim:;;;, demands, or liens made or filed by reason of Clny
constnlction, renovation, or remcdefina wore. performed by Contractor under this Contract at any time
during the term of this Conrract, or ari:iing tt'lereafter.
7. AssurT'ption pf Risk_ Contractor agiees tc \loluntarily 3:;su~e any and all risk of loss:. d.!ma~e, or injury
to t."'e ptopert-: of Contr;;ctor which may occur in, on, or abou! the Project site at any time and i., any
manner, uCepting such loss, injury, or damage as may be :::aused b\l the sole willful or nEigligent act
or omission of C'rty or any of its City Council m&mbers, officers, or employees.
8. Waive.!. The acCeptal1Ce of ally payment or performance, or any part thereof, shall ~ot operate .as a
waiver by City of its rights under this Contract. A war .... er by City -of any breach of any part or
provision of this Contract by Contrac'tor sh;;11 not op~rate as a wai\ler or continuing wai\ler of any
subsequE.n1 breach of the same or any other provisrol"1, nor shall any custom o( practice which may
arise between the parties in the administration of any part Of provision of tl'1is Contract be construed
10 waive or to lessen the right of City tt:l insist L!pon the performance of ContraClor ,n strkt compliance
with the covenants, terms and cona'iti{H'.s of this ConUact.
CITY of PAlO AlTO: Formal Contract fSarr.pJ£-1 NrFB 00,l92l SECTION 00500-2
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PART II -MAL CONTRACT SECTION 00500
9. ~ .;;1 with Llws. Contractor .shall comply ..... ith aillilws now in ferce or wh.ch mClY hereafter
be in !orce pertaining to the Project and Work and this. Contract. with the reqIJirement of any bond or
fire LUlder .... rrters or Other similar body now or hereafter cons1itu--::I, with any discretic.,ary ncense Or
p&m1Et i.u.uad pursuant to any Law .of any pu!:llic agency or officli2~ as we!1 as with any prQvision of ail
record&d documenta aHec:t:i"g: the Project site. j"sofar as any are requireo b~ !f~ason of tt.! usa or
occupancy of the PrOJ8ct site. ~nd with all Laws pertainirg to nondiscrimination and affirmative action
in employment and haziilrdous materials.
, O. ~. As .. condition precedent to Crty's Obligation to pay compensati~n to ContraCior, and on Or
before the O"te of Exec-Irtion, Contractor .shan furnish to the Project ManagE-r the Bonds as reQuired
under the Notice InvitinQ" FOr!'nal Sjds.
T 1. ReW$'ntations and WarIi!!li.U.. In the supplV of any matetials 2nd eQuipment and the rende,in~ of
labor and' services during the COlJrse _nd scope of the Project and Work, Contractor represents anc
wauartts.:
.a. Any materials and eQuipment which shan be used durinll the course .. nd sCIJpe of the Project
and Work shan be \/esteC: in Contrilctor;
b. An.,. materials and equipment which shan be used durln;l the course and s,ope af the Project
aM Woric: .shan be merchantable and fr1 to t:>e used fC>f the pa rticular purpose for wf'Iich the
m.sterial$ are required:
c. Any labor and services rendered anc materials and equipment used or employed during the
course and scope of the Project and Work shall be free 01 defects in workmanship far g period
",-f one (1) year after the recordation of the Notice of Suhstar.tial Completion, or, tf i'\O such
not!ce is re\:juired to be filed, on the date that final payment is made hereunder;
d. Any manufacturer'. warranty obtained by Contractor shaM be obtained or shan be deemecf
obtained by ContraCtor for an d on behalf of City.
e. Ar.y information submitted !:Iy Contractor prior to the a ...... ard cf Contr",cl or thereafter, upon
request. whether or not subm:tted Imder a continuing obliljation by the ~rms of the Contract
to do 50, Is t1\Ie and" co~ at the time suel'1 information is submitted or made a .... aliable \0 U',e
CIty;
f. Conttactor l':.as not coRuded, conspired, or agreed, directly or indirectly. with any person in
regard to the terms and conditions of Contra[:1Or's Bid. except as may be permitted by the
Notice Invmn~ Formal Bids;
g_ Contractor has the power and authority to enter into tt'lis Contract with City. that the lndividuaT
executing this Contract is duly aL'thorized 10 do $0 by appropriate resolution, and ;:hat th~s
Contract shall be u:ecuted, dehered and performed pursua"lt to the PQWE:r and authCirffY
conferred' upon the person or ~rson~ ~lJ1'horized tC' bind Co'ltraeto.";
h. ContTactor hall not made an attempt to exert undu& influence with the Purchasing Manager or
Project Manager or any other person wtlo has diree(}y COniributed to City'S decision to award
tM contract 10 Contractor;
CrTY of PALO ALTO: F(),I'maj Contract (Samplel NIF5 /10/921 StCT JON 00500-3
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PART II • FORMAL CONTRACT SECTION 00500
t. TMfe are 110 unresolved claims or disputes between Contractor and City which would
materially affect Contractor's atili", to perforM under the Contract;
j. Contractor has furnished ~nd wflJ furnish t~ue and accurate st:nilmer,ts, records, repOrtS,
re;f'ofutions. ctlrrificaticon:;. and ctl'1er written informatic.n as rna.,.· be requested of Contractor by
C!ty from timflla time .juring the term of th'l$. Conuact;
k. Contractor and any per$i:on perlormlr.~ labor and :§;ervices under thi"! Project is duly ficensed as
a contractor witM the State "f Cal~fo,l1ia as re~uired by Califcm1a Business & Professions Coda
Section 70~8, u amended; and
I. Contractur hn fully examined and inspected the Projec1 site and has full ktwwledge of the
ph'i'SiCiiill conditions of the Project si':e.
12. Assignment. This Contract and the performance required hel~aunder is personal to Contractor, clnd rt
shall not be as.si~l1ed 0)1 Contractor. Any anempted assignment shari tN!! null and vcid.
13. Claims pf Contractor. An claims pertainin~ to extra work. additional charges, or delays within the
Contract Time 0( othet dIsputes ouisrn!;l out of the Contract 5han be submitted by Contractor to City
in writing bv certified or regi5tered mail within ten (1 Ot Days efter the claim 8!'OSf! or within s-u~h oiher
~me as may be PitrmmfJd or reQuired by law, and shan be described in sufficisnt detail to give adequats
notice of tha liubstance of the claim to City.
14. Aydhs by City. During the term of th.i&. Contract end far a period of not :&5S than thlee (3) years after
the ltJq;ir;ation or earfier termiJ"lation of this Contract" CitY shall have the right to au(fIt Contractor's
Proj&Ct-rtiated' and Work-related writings and business record's, as such terms are defined in California
Evidence Cod~ Sections 250 and 1271, as amended, during the regular busineu hou"-s of Conn actor,
or, if Contnu;tor has no stich hours, during the regular bus~ness hou~ of City.
15. ~. An agreements, appointments, approvals, authorizations, claims, demands, Change Orders,
consents, desigr!ations. notices, offers, requests anJ statements "iven by either party to the other sl-)a:1
be in writing and' lihall be sufficiently gi .... en and se~ed upon the other party if fl) personaliy ser"'ed,
(2) !ient by the Uni!ed States mail, postage prepaid, (3) sent bv private express delive!y service, or 14)
in the case of a facsimile transmission, if sent to the telephone FAX numbe!" set forth below durinQ
re;ul.ar busin"&. hcur.s of the receivin!;l' party and followed wit'lin two (2) Days by deJiverj of a hard
copy of the materiar sent bV facslm<1e transmis$ion, in accordance with (1), (2) or ~3) above. Personal
aervice ;han i~clud8, without I1mitation, 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
CITY Df PAlO ALTO: Former Contract ($ample) MFa jlOl92J SECTION 00500·4
PART II -fORMAL CONTRACT HCTION 00500
Copy to: City of Palo Alto
Department of Publ ic '\.;od:s
250 Hamilton Avenue
P.O. Box 10:<50
Palo Alto. CA 94303
(415) 329-
FAX: (4151-3"'2:-::9:-----
ATTN: Project Manager for Project
To Contractor:
L...-I _________ _
FAX:L...-I ____________ __
ATTN: _______________________ _
18. AopmDriQlipn Of Chy Fynds. This Contract is subject to the fisc-sf "fo ... is:ons of Artie-le III. Section 12
of 'the CINIrtef of the CIty of Palo Mo. AnV chargei' hereunder for I .. bof'~ "!Vices. materials and
equipment may .accrue only after sucJ1 expencfrtures ha '018 bee;; approved' in advance in writing In
lI'C(X)t'dance ~ith apptlcabl.uws. This Can'tiract shall t9rmina.l~ wi'thovt pe.r.aity (il at tll4's It'd' of any
fbcal year in the e ..... nt tt-.at fLlnds are not appropriated f{Jf!he followinl;i fis..::a! ysar. or fii' at any time
within I fiscal year in 'the eVent that funds are only IiPpropriated for a p.:)ftion of the fiscal year and
fundI for th:lS Cpnttact are no 10:-:g61' available. This S9Ction 1 e shall (;ontroi in the e .... ent of I confllct
wtth Uly ether provision of this Conuact,
17. MjAceRalltOtls.
I. &~e. Oisclaimer. The partie:s Imderstal1d ,nd agree that Cjty dOAS not purpor1: to t;,e
ContractOr"i bailee, and Crty is, therefore. not responsible fer any damage to the personal
property of ConlractOf.
b. ConsenL Whenever in this Contract the apprcwa[ or consent of ill party is rOQlJile'd, :such
approval or censent shall be in writing and shall be ue-cu1ed by i1 person ha..nng the express
authority to grant such appro valor consent.
c. COMrol!ing Law. The partIes aQ"ree that this Contract sh.!!1 be governed and construed by and
in accordance with this Laws 01 the State of Cililifomia.
CJTY at l'A.lO Al.TO: Formal Contract 'Sample) MFa POf92) SECTION 00500-5
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PART II -FORMAL CONTRACT SECTION 00500
d. Definitions. The definitions and ter.-ns set fanh in S'"ect~on 1 of the Standard DrOiwinQs and
Specifications (19721 o".,is Cr.ontract artt in~orpo(ated herein by reference.
•. FOf~ Majeure. Naitl1er party sh .. !1 be jeemed to be in defaurt en account of any delay or
failure to ,perform its o1::1iQa!~ons under this COntract which diraClly resu'ts from an Act of Gad
or an act uf a superior govemmental authcrity.
f, Headin.g.s. The pa{a~raph headings are nOl a part of this Contract Md sJ'lan h,",V9 no effect
lIpon the construction or interpretation of any part of this COl"~tract .
.;. lncorporation of Documents. AH documents const;tu~ing the Contract d'ocuments described
in Section 3 tlereof and aU documents which may, from time to time, be ref~rted to in 31'lY dulV
executed amendmef1.t hereto afe by such reference incorporated in this Contract and shall be
deemed to be part of this COntraCL
h. Irnogration. This Contract and any amendments hereto bet ...... een the parties constitute the
entire agraement between the parties concernin~ the Froj'9ct and Work, and thefe are no !lther
prior oral or written agreements De-tween the parties that are not inCvrpmated in this Contract.
i. Modification of Agreement. This Col'Itract shan not be modified or be binding upon tht! parties,
unless such modification is aQ'reed to in writing and sigl1eod by the parties.
j. Provi&.ion. Any acreement, covenant. condition, clause, qvalification, restrictior., reserva"Uon,
term or other stipulation in the Contract shall defiM or otr.erwise contrOl, establish, or iimit tha
performance requlred or permitted or to b'! required cf cr permitted b.,. either party. ArT
provisions, whether covenarrts or conditions, shatl be deemed to iMt beth covenants and
conditions.
k. Reso!ution. Cootracror shan s.ubmit with its Bid a copy of an.,. Corperate or partnership
rtlsolution or O".her writing, which authorizes any director, officer or other employee or panner
to act for or on beha!!' of Contractor or which authorizes Conuactor t.o ente; jilto t!lis Contract.
i. SelM!rabi!ity. If a Court of competent Jurisdiction finds or ruleS that any provision of this
Contract is .... oid or unenforceable, me provisio;'ls of this Contract not se affected shan remain
in fl.111 forclS' and effect.
m. Status 01 Contractor. rn the exercise of ri~hts .nd obliQations under this Contract. Corltractor
acts as an independem contractor and not as an .gEnt or em"loyee 01 City. Contractor shall
not be entitled to any rig1'lts and benefits accorded" or accruing to the C"ltv Council members.
officers or employees of City, and Contractor expressly waives any and an clarms ttl such rights
and ben efits.
n. Successors ana Assigns. The provistons of this Contract sl"lctli inure to the benefit of, and shall
apply to and bind, the Sllccessors and a.ssigns of the ,panles.
crrv of PAlO ALTO: fOrrnaj Contr:lct ISample) NIF8 110192) SECTION 00500·6
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PART II • FORMAL CONTRACT SECTION 00500
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TIme of the Enenc8. Time is of tilt' essence of this Contract and' each of its prO'lis.iOl'1s. In
me calculation of tim. hereunder. the time in wh;ch an act is to be performed shail be
comput~ bV excluding the first Day and incrudlng the la~t. If the time in wh:ch .m iiIIct is to
be perfo,,",ed faITs .on 3 Saturday, Sunday, or any Oa)l O~S'l!!"V~ is a Je,,~1 hclida 'If by City, the
time for perfonnar.ce shan be extended to the following Business Day.
Venue. In the 1\l8nt that .suit is b~o\.Jght by efther party hereunder, the parti~s 81;lree that triOtI
of ~(':h action shaiJ be vested exclusi ..... ely L., the state courts of Cariforl1ia in the COL!rltv of
~nta Clara in the City of San JQse or in the United States Dis~rict Court tor the Northem
District of California in the City of San Jo~.
q. Recovery of costs. The pravaiHl1Q party in any action brought to enforc-:, ms term.s of this
Contract or arising: OUl of ttlis Contract may recover fts reasonabfe costs, including reaionable
attorney's fess, incurred or expended' in connect,on with such action against the non-prevailing
par1y.
IN WITNESS \\'HEREOF, the parties heve eXEcutfid this Contr&ct on thfl date first above stated in Palo
Alto, California.
ATIrST, CITY OF PALO ALTO, CAliFORNIA
By' ____________________________ ___
City Clerk MeWOf'
CONTRACTOR: ________________________ __
By' __________________________ ___
City Manager Name: ______________ . ________________ ___
Ciraetor of Publit Works Tit~e:
Director of Finance Taxpayer I.D. No. __________ _
Risk Manager
APPROVeD AS TO FORM:
Senior Assistant City Anomey
END OF SECTION
CITY of PAlO ALTO: Formal COtItract ISample) N1F6 \10192) SECTION 00500-7
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