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Joly 15, 1993
THE HONORABLE CITY COUNCIL
Palo Al~c; Californla
Clibberley Pavilion Reroo~
Members of the Council,
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Aw~rd of Contract
This report recommends that council award a contract to Royal
Roofing Company, Inc. in the amount of $66 r 851, to reroof t:he
CUbberley Pavilion building. Funds have been appropriated in elP
19J18, CUbberley Code Roof Repair.
Background
When the City took over the CUbberley School Complex, all eXisting
roofs -were surveyed to identify and prioritize deteriorated roofs
in need of ceplacement. The Pavilion roof, which is thirty years
cld~ was determined to be the first rc:::: replacement in t.his
project.
Discussion
Fifteen bids were sent out and bids were received from three
qualified contractors an shown on the attached Bid Su~~ary~ Staff
recommends that the bid of $66, B51, submicted by Royal Roofing
Company I Inc., be determined by Council to be the lowest
responsible bid and that the contract be awarded accordingly. This
bid is 20 percent below the engineer's estimate of $85,000.
Re C Q1TifTl@ndat ions
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the .=;.ttached
construction contract with Royal Roofing Company, Inc. in
the amount of $66,851 for the CuLberley Pavilion Reroof
project.
2. Authorize the City Manager or her designee to negotiate
and execute one or more change orde~s to the cvnstructior.
contract with Royal Roofing Company, Inc., the t.otal
value of which change orders shall not exceed $10,000.
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Respectfully submitted,
C. T. CORAN
Facilities Engineer
GLENN S. ROBERTS
Director cf Public Works
CMR:396:93
Bid Summary
Contract Pages
-2 -
Roya 1 Roofinq
Shelton Roofing
El caaino Roofinq
BID SUMMARY
$66,851
$84,550
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PART 11 -FORMAL CONTRACT SECTION 00500
CONTRACT
This CentraL"!. dated __________ is e"tered into by and betwn" the City of Palo
~.Ittl. a mll:!"'oici~! cCl'"Pcratior. ot the. S~;r.e of Califcmta t·City") ,and &0 y a 1 R\lO f it\& Compan y» Inc.
_____________ ~ a ,~ .. COl'ltractor·). whose
Ta)Q)aY8f Identification N:Jmber is _____________ _
For and in cons1dtiration of the fol!owin.~ covenants, terms 3no conditions, Ci!'{ and CDntraetOf" '''the
parties"} agree:
1 . Itrm. Trns Cor.tract shall commence on, a~ bt binding on the parties 011, the Date of Exeeutioo of
this Contract. and shalT expirEt on the dale of r'tCordation of the Notk:e of Substantial ComplBtiot1, or,
if no such notice IS reQu""ed to be filed, on the date that final payment is. made tlilre'Jnder, subject 10
the earlier termination of this Contract.
2. ~ScQpe of Project and WD!k. Contractor shan fumiSM labor, .services. materials and equipment
in connection witt) the construction of the Project and' complete the Work: in accordance with the COY&
nantS. terms and conditions of this Contract to me satisf'9.ctiQt'o of Citv. The Projec1. and Work is
oenerally describe:! a:; fol:ows:
TItle: c\lBB£RlEY PAVILION REROOANG PROJECT No.:
Base Bid: $ ________________ _
Add" Alterna.tes (if iilny)~ $ _________________ _
T~8id$ __ ~6~6~!8~5~1~,~OO~ ___________ _
3. Contf'JSt [}osumen.ts._ Thi.s Cootract sh~n . .co~t of tM documents set forth. below. wtlich are 00 file
with the City Clerk. and iilrB Ilereby incorporated by reference. Fof the purposes of construing,
intitl")lf8ting and resolving incon.5ist-9nC~$ between thil provislons of this Contract.. these d"ocuments
and the provisio.ns thereof are &el fo.rth in the fonowing descending order o.f precedence.
a. Tha Contract.
b. Notice Inviting Forma' Bds.
c. Contract Specifications.
d. Drawings.
e. Change Orders.
f. Bid_
g. Supplemerr.ary Co.ncfrtiotls.
h. Gen&l.1 Cond"r!io.n..s.
i Stand-ard Drawings and Specifications (1992f.
j. CeniftcatE-of lnsurance, PerformaO(;e Bond and' Labol and Materials Bond.
k. Affirmative Acuon Guideiines and Comprlance Report.
l Other Sp~ificiiltions, or part thereof, not expTessly incoTJlorateD in the Contract Specifications
or the StMdard Drawings and Specifica1iol\$ 11992).
m. Any other document no.l C!x;lreS$ly mentiol'led herein. wh~t\ is issued by City Of entered intO by
the parties.
CITY of PAlO ALTO: Formal CQntract ISa~le) NIFe j101921 5 ECTION 00500-'
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PART II • FORMAL CONTRACT SECTION 00500
.c, Cgmpenulign. tn eOflsider3tion of Contractor's performance of its oblig3'tions hereunder. City inan
"lIy to CQIlttactor the amount 5St (ort:t'1 in Contractor's Bid in accordance with the provisions of this
Conua'Ct and upon the ,8csipt of wrme;) in'Voi(;t!$ 8.1'\0 all nec·6SSilr) :s-upporti~~ documentation wit;hin
the time set fe:th in the Contract SpeCifications and the Standard Drawings an~ Specifications t 1 992f,
or~ if no time is stated, within thirty (30f Days of the dare of receipt of Contractor's invoiefls.
5. InsYrance. On or betor" the Date of Executicl"', Contractor shan obtain ;1Ind maintain the poiicies of
insurance coverage described in t!"le Notice In .... iting Formal Bids on terms and conditions and in
ilmO\Jnts as may be requited by me Risk. Ma nager. City shiln not be obligated to take out ins.Jrance
on Contractor's personal prop(!rty or the pef"sonal propertV of any person performing liJbor 01 services
0( supplying matEri.ahi or lIlQuipmem under 1he Project. Contractoe' shan furnish City with the
certiTlCato:s. of ins.urance and with original endorsem ants affecting Cov8f .. u~Q required uoder this Contract
on or befOie the DatE of fxecutiort. The c:ertiflc,nes and endorsame:us for each ins.urance DOlicy sha rI
bel signed by a person who is authcrized by rna' lnsurer to tind coverage in it;s behalf. Frcof of
inSUrih'lCa shan be maited to ttle Project Manager to tl1e addreu set fonh in Section 15 of this
Contract.
6. IndemnfficatiQn. ContractOt' agrees to protect, def;;md, indemnify and holti City, its City Council
members. officer3, and employees harmless from and _aainst an'll and an claims, demands, liabilities,
losses, 4amages. costs, e )(pens.es. liens. penalt:es, suits. or judQ"men'Ul, arisillg in whore or in part.
directty Of indiractly, at an'll time from any injury to or death Cif persc;ms or damage to property as a
t'&St.Ilt of 'the willful or negligent ac.t at omission of Canuactot. or wh~h resuftS from ContractOr's
nOllCompJianc~ with ;!ny law rescecting the ccnditicn, USS, occupation or $ilf0ty of the Pr-ojett &ite,
or il11y ·part theteaf, or which arises from Contractor', failure to do an.,'!f'Iing required und&r this
COntract Ot' for dOing anything wich Contractor is r8QLli(ed n01 to do under ttlis Contract. or whictl
arises. from conduct kif which anv law imC)oses strict 1i3biTity on Contractor in the performance of Cir
failurB to perform the terms and conditions of this Contract, e)(cept a:o ma;y arise from the sale willful
or negrlgflnt act 0( omission 01 City or any of its City CounC'l1 members. officers, or employees. This
indemnification shan extend to anY and all efairr.;S, demiil'ld.s, DI' liens made Of filed by reason of any
~I\,. renovation, ()I" remc..:Jeling work performed by Contracto( unds; this COntT&Ct at any time
dyrino 'the tern. of this Contract. or arising 1h~r.,.~,=r
7. A$;$'Jmgtion qf Risk. COntractor agrees to voluntarily assume an'll and an ri!;k of 10$s. damaQe, or inlurY
to the property of Contractor wl1 icf'1 may occur in, on, 0( about the Project site at an'll time anti in any
manner, excepting such loss, injury. VI' damage as may be ciilused by mfol sale willful or neglf~ent act
Of" omisSion of City or any of rts City Coum;:l1 members, e>ff<eers. (10 empk)yees.
8. Waiver. The acceptanCe of ar.y payment (If performance, or iW)I part thereof, shan not operate as a
waiwr by City of tts rights 'Under this Contract. A waiver by Cw ~f any breach of anv part or
pro\'\sion of this Contract bl{ Contractor shari not operate as a waiver Q( continuing waiver of any
subsequent breach of the same or any other provisicn. nor shari any CUStom or pra~::e wtlich may
arise between the parties in the administration 01 any part Ot" pro .... ision of this Contract be construed
to waive Of to Jessen me riQh.! of Cit)! to inSist upon the performanC1l ot Contractor in s.trict compliance
with the co .... enanu, terms and concfrtions of this Contract.
CITY of PALO AlTO: Formal ConltacllSampJel NIFB (10J!}2) SEcrlON 00500-2
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PART II -FORMAL CONTRACT SECTION 00500
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Compijanct with L.ws, Contractor shall com,P1'y with alJ La ..... s now in force or which may hereafter
bfII '" 10r(:8 pertaining to. "the p.roject and Work. a.~d thi$ Connact, with the reQuiremont of an-y bond or
fire und8fWriters or oth9f simil.r bod., now or hereafter constituted, witt1 any discretionary ~C8nse or
permit is.sued pursuam to any taw of any pubfic agency or 0 ff-::ial a$ wen as with any pro .... ision or an
recorded documents affecting the Project site, U1.sofar .as any ant req(Jired by ruson of the use or
oceuPlncy of the Project sitiJ. and with .If Laws pertainmg to nondiscr"lrr:in. ~ion and affirrrnnive action
in employment and ha:srdous l'TIaterials,
~. As a cond"rtion Pl'ecede:nt to City'S obligation t(l pay compensa!.ion to ContractOt, and on or
before the Date of Exect..'oon, Contractor shall furnish to the Project Manager !tie 8ot1ds as required
uncial the Notice Inviting: FOtmal Bids.
, 1. Reptl!S1mi1i@$ ind WPNantits. In the supply of any fT'.ateri3ls. and equipment ana the rendering of
labot and satvice.s duritlg tha course and S(;OPB of 'tl'Ie Project and Work. Contractor repnlls811ts and
warrants.
I. Anv rnaterlals and equipment which s.hall be used' duril1g the course and .scops of the P'l'oject
and Work. shan be vested' in C.,ntr,ctor;
b. Any materials and equipment which shall be used d'Jrjng th~ course .and .scope of the Project
and Worlc. $han be meicl'\ant8ble and fit to be u$Gd for the particu~, pur'l)OSe for wh~ the
materials are reQuired;
c. Any labor and services ren.dered and materials and equipment used or employed during the
courfi& and scope of the Projth.."l and Work shan ~ free of detect, in wortan:.ns.rup r", a period
of one [11 y&al aher the r8COI'datlCWl of me Notice of Substanti .. , Completion, or. if no sucf'l
notice is required to N fired, on the date thai final payment is made hereU1\Cfer;
d. Any manufacturers warranty obtained bV Contractor .shan be obtained or s~ be deemed
obtaill8d by Contractor fO«' and on behalf of City.
•. Any infQOTl3tjon .submitted by Contractor prior to the .awara of Contract,. or ther$aftef. upc(I
request. whether or not submitted undt!r a continuing obfig"ation by the terms of the Contr~
to do so, is true and correct at the time such information is .submitted' or made aVIInable-to the
Ci<y;
f. Cor.tractor has net conuded, conspired, or agreed. directly or indirectly, with any persc.n in
regard to tile lerms and conditions: af Cc.,lbactors Sid, except as may be permitted by the
Notice Inviting Formal Bids;
g, ContractOr' has tl\e power and authC>fity to tinter into this Contract wim City. that the W1dividual
executing t!,is Contract is dury authorized to do so by appropriate reso\\rtton, and thZt this
Contract shan be ell:ecuted. deli .... ered and perlormed pLirsu3nt to the power and allthority
conferred upon the person or persons authorized to bind Contractor;
h. Contractor hc'I:; not made all attempt to;) exert undue influence witf'l tile Purchasing Man3ger or
Project Manager 0( any other person who has directly contnbuted to City'S decision to ililwatd
the contrael to ConuactO(;
CITY ot PAlO P-.!..TC. i-ormal Contract lSample} NlFS 110192) SECTtON 00500-3
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PART II -FORMAt CONTRACT SECTION 00500
i. There are no unresolved claim'S or d!$put8".s between Cor.-:ractor and City whid'! would
materiany affect Contractor's ability to periorrr. under the ':ontracl;
Contractor nas fumished and will fumish true and accurate statemen1S, records, reporu.
resolutions:. :::ertifications. and other written information u may be reQuested of Contractor by
Cky from time to time durin\} thEil term of this Cor\tract..;
k. Contractor and any person performing labor and ser¥ices under this Project is dl,Jly r.censed as
iI C"OOtraCtOr' with tf'le State of California-.u required by Calitomia -Business & Professions Cc.de
Sectio..'"": 1028. as ~mended; and
I. ComractOf has fully examined and i~spected tN Project site and has fL.n knowledge of the
ptovsieal condition.s of the Project site.
12. Ass.igQm~. This Contract and the performance required hereunder is per.sonal to Contrac!or, and it
shan I100t be assigned by ContractClf". Any anempted assianment shall be nun and void.
"13. C!.aim. of CorulJlCf9t. An claims pertaining to ema work. additional charges. or delays within the
Contract Time o( oth&f a~pules arising out of the Contract snail be sLlbmitted by CootlifCtor to City
in vvrttin9 by certified or registered mail within ten (10) DaY$ after th& claim arose or wrmin sucl"ll other
time as may be per.nitted or reQ:..lired by law, and shalT be described in sufficient detail to give adequate
notice of the substanc& of the claim to City.
, -4.. AurfrtJ by city. Owing the term of thl.s Contract and for 3 period of "(tot ks.s than three ~3J years attar
me 8)(Jliration or earner termination 0' this COtlt1acr... City shaR ha.ve the right to audh: Contractor's
Project-rlt'lated and W:ri:-re!ated writinos and bUSiness f«:orda, as sut:h 1£fmS are defined in California
Evidence Code Sections 250 and 127', as amended, during the regular busi:les.s hours of ContractOf,
01, if Contractor has no such hours. during the feg'ul.s:r tl'.Jsiness hours of Crty.
15. ~. An agreements, 8PpolntrnerTU. awovals. authorizations, cfaims., demands, Change Orders,
consents. designations, notices, offers, requests and statements given by either party to ~ other snan
be in writing and sh~1 be sufficiently grven and served u-pon the other party if (1) perSOr\21ly served,
(2., sent by the United States miil. po$tar;e prepaid. (3) sent b\' ;::ri .... ate upress <1elivery servH:e, or 14)
in the caslI!" of a racsim~e transmission, if .sent to the telephone FAX number set forth below during
regufar business hours of the recei¥H1g party ami' foncwe~ within twO (2) Days by delivery of iI hard
copy 0' the ma1eriai sent bV faCiimile transmission, in accordance witl'\ (1 l. (2) or 13) above. Pa~
.service st-.aR inctude, without limitation. servictl by deli¥efY and service tv! facsimile tr"atlsmission.
To City: City of Palo Alto
City Clerk
250 Hamilton A.venue
P,O, Box 10250
Palo Alto, CA 94303
CIT)' of PAlO ALTO: F-ormal Contract lSamp1e} l'~\FB II 0/92) SECTION 005Q0-4
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PART U -FORMAL CONTRACT SECTION 00500
Copy to: City of Palo Alto
To Contractor:
Department of PUBliC WORKS
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 34303
14151 329-.'"CCo-=-_____ _
FAX: (415) 329-____ _
ATTN: Project Manager for Project
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FAX: L-) __________ _
ATTN: __________________ _
16. ApproprilliM of City Funds. This Contract is subject to the Rseal provisions of Article ill, Section 12
of the Charter of the City of PDJ Alto. Any cna!'Qu hereunder feN' labor, 1S8f"Ylcet;. materiats and
eQUipment may accrue onty after sl.lCh expen<frtures haw been .approved in advance in writing in
accordance witt! appI.icat»e L.w1:. Thi!. Contract ahaIf terminate without .oenatty fil at the end of any
T!SeaI year in the evem that funds &nI not: appropriated fOf the fono .... ing fiscar year, or Pi} at any time
Ylithin a ftscar year in the eve11t that funds are only appropriated for a .POrtion of the fiscal ¥elr and
funds fO( this Contract arB nc longer a .... ai1a~. This Sectio., 16 snan control in the event at a conflict
with any other PlDvWon Clf this Contract.
t 7. Miscellaneoys.
a. Bailee Disclaimer. The parties understand and agree that City does not purpan to be
Corrtractor"s bailee, lind City is, therefore, not responsibki for any damage to the personal
property of Contrac1Of.
b. Consent. Whene\ler in t..t,is Contract the approval Of consent of iI party is l'8Quired, such
approval or (:onsent shan be in writing and shaJI ba Itxeeutad by iI pelSOR having the expr8$S
authority 10 giant $LIch approval Of consent.
c. Controlling Law. The parties agree thar this Contract shall be governed and construed by and
in accordance with ma Laws of the State of California.
CITY of PALO AlTO: Formal CD11tract (Szomp1el NIFB (10/921 SECTION 00500-5
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PART II -FORMAL COrHRACT SECTION 00500
d. Oefinitions. The definitions and terms set forth in Section of th. Standard CHawi'rlqs and
Specifications (1972) af this Contract ate incorporat-ed herein by reference.
s. Fort:& Ma~uru. Naither oarty shalJ be deemed 10 be in def.ault en account of any delay or
failure to perform its obligations t.lt1der this Contrctct which directly results from an Act of God
or an act of a sUPBrior government:!1 al..'1:hOfity.
f. Headings. The par3graph headings .are not iii pan of this Contract and shall ha.a r,c effect
upon the construction or interprewion of any part of this Contract.
g. Incorporation of Document:;. All' documen t.5 constituting the Cootract documents d&sc1ibed
ir. Section.3 her&of and air documents which may. from lime to time, be referred toO i" any duly
executed amen.dment hereto are by such ~ference incorporated in this Contract and shall be
deEmea 10 be part of this Contract.
h. Int~tarion. This Contract and any amendments hereto hGtwecn tM parties constiMe the
entire agreement between the parties concerning: t"e Project and Work, and theril a .. e no other
prior oral or wri!1en agreements betwi!en the parties that are not incorporated ill thiS Contract.
i. Modification of Agreement. This Contra.ct shan nOI be modified or be binding upon thi! parties.
unless such modH'ication is agreed to i.., writing and signed ty the pa"ies.
J. Provision. Arly agreem&nI, (;ovenant, condition, clause. Qualification, restriction, reservation.
teon or other stipulation in the Contrect shall define 0( otherwise conD'ot establish. or limit the
perlOffl'lance required or permitted or to be requited of or permitted by either party. All
provi.sions, w~ther covenants or conditions, shall be deem8':f 10 be both covel1ants. and'
conditions.
k. Resolution. Contractor shan submit with its Bid a copy of any corporate or pannership
resolution or other writing, which authorizes any direetor. officer 01" other emplovee or partner
to act for Of on behalf of ContractOf' or which authOfiz.as CO:UJ'8ctOf' to enter into this Contract..
L S.verabilicv. r1 a coun of competent jurisdiction finds or rules that any provision of this
Conuaet IS void 01' Ltllenfor.::e.able, the pro ... ision~ of this Contract not $0 ilHected ,han remain
m fuO force and effect.
m. Status of Contractor. In the exercise of rigr-.ts and obl"igatiol"tS under this Contract. C(Jntractor
acts as an independent contraetOl" and not as an agent or e~OYe£l ot City. Contractor shali
not be entitled to any rights. alld benefits accorded or aCC'ruing to the City Council members,
officers or employees of City, and Contractor exptessly waives any and a!1 claims to such rights
and banefil$.
n. Suece.ssors and Assigns. The Plovisions of this Contract shaH inure to the benefit of, ctnd' shalt
ap"l.,. to and bind, the successors and iiI$signs of the partie~.
crrv 01 PALO ALTO: Formal Contract (Sar'l1llle) NIf=8 00/92.) SECTION OC5()0..6
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PARTII·FORMAlCONTRACT
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SECTION 00500
o. Time of the &;senctl, Tim!!;$ nf the es~ce of this CoottaCI and each of its provistoos. In
the ca!cu[ation of time hereunder, the time in wh ich In ilict is to be performed mall be
C'Ot'nWted by excludin; the first Day and including tn_ IHt. H the time in whk:h an act is 1(;
be performed faJls on a Saturday. Sunday. or a:ny Dav observed.as 8 leoaf hofolClay to .... City, the
time fuf pef'1orman~ sha~ be e)l(fend'9d to the ronawing Business OS'll.
p. V..-.ue. 1n the event cr.at IUit is brought by ifthltl palt'{ hereunder. the parties agr" :hat trial
of such action 3han be VflStec exclusiy~ in the state courts of Califomi.a H1 the County of
Sanu Cla(a k'I th& City of S&n Jose or in the U",ittd' States District Court for the Northern
Di,su'ct of California in the City of San Jose.
q. Recoverv of costs. Thfl prevailing party in ilnv action brou~ht [0 enforce tha terms of this
Contra~ or arising out of this Contract may recover its reuonabloe (1)sts, including reasonable
anorney'$ fees, incurred or &xponded in connection with ~ch acUon against the non-prevailing
party,
IN WITNESS 'WHEREOf, the p.ames have exeetJt&d ~$ CO!l1ract on the date first aoove stated in Polio
Alto, California.
CITY OF PALO ALTO, C"UFORNlA
~'--------------------------Mayor
CONTRACTOR, ___________ _
By, ________________ _
City Ma"'ll« Name: _______________ _
0;_ at Public WO<!<s Title:
Director of Hn8nce Taxpayer 1.0. No. ____________ _
Risk Managlt
APPROVED AS TO FOAM,
Senior Assistant City Attorr"ley
END OF SECTION
CITY of PALO AlTO: formal Contract (samplel NIFB \101'921 SECTION 00500-7