HomeMy WebLinkAbout1997-04-22 City Council (22)City of Palo Alto
C ty Manager’s Report
3
TO:HONORABLE CITY COUNCIL
FROM:
AGENDA DATE:
CITY MANAGER
APRIL. 22, 1997
DEPARTMENT: UTILITIES
CMR:204:97
SUBJECT:Approval of Contract to Electrical Constructors, Inc. for the
Design and Installation of a New Park Boulevard 60 kV
Switching Station Oil Pumping and Pressurization Plant Control
¯ Panel and Instrumentation System
REOUEST
This is a request for approval of a Contract with Electrical Constructors, Inc. in the
amount of $91,490. for providing and installing a new control panel with modem
instrumentation at the Park Boulevard 60kV Switching Station Oil Pumping Plant.
RECOMMENDATIONS
Staff recommends that Council:
1)
2)
Approve and auth0dze the Mayor to execute the attached Contract with Electrical
Constructors, Inc., in the amount of $91,490 for providing and installing a new
control panel and instrumentation at Park Boulevard 60kV Switching Station Oil
Pumping Plant.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract to cover additional related but unforeseen work
which may develop during the project. The value of these change orders shall not
exceed $9,000.
CMR:204:97 Page 1 of 3.
POLICY IMPLICATIONS
The award of this contract is consistent with existing policies.
ExEcuTIVE SUMMARY
Pro_iect Description.
The work to be performed under this contract is to replace the old deteriorated control panel at
the Park Boulevard Switching Station (PBS) and to add modem instruments similar to the
equipment at the Colorado Substation.
The oil pumping plants at PBS and Colorado stations circulate oil to cool the 60kV underground
cable. The oil pumping plant at PBS station was installed in 1968/69 and a second pumping plant.
was installed at the Colorado station in 1993 to increase system reliability and to act as a back-up
to the PBS plant.
The existing control pan.el at the PBS is thirty years old, and nearing the end of its useful life.
The new modernized pump control and instrumentation control panel will allow separation of
the Stanford Researeldlndustrial Park 60kV cable system into two fully redundant pipe sections,
increasing the reliability, of the 60kV electric cable system. Cooling and maintaining proper oil
pressure on the 60kV electric cable system is extremely vital for the reliable operation of these
cables thatserve as backbone for the Stanford Research Park.
Selection Process
Staff sent a request for proposals (RFP) to fifteen (15) potential contractors on January
29, 1997. A proposal was received t~om one qualified contractor, Electrical
Constructors, Inc. with MAC Products, Inc. as their manufacturer and supplier on March
4, 1997. Those firrns not responding indicated that they did not submit a proposal ’
because they were either:
Too busy with. current work; or, ’
Not able to comply with all the requirements of the Scope of Work; or
Did not have local service and construction capabilities for this kind of oil pump
plant retrofit project.
Staff has reviewed the proposal and recommends that the bid of $91,490. submitted by
Electrical Constructors, Inc., be accepted. Staff recommends Electrical Constructors,
Inc. because they meet all the requirements of the scope of work and have installed a
CMR:204:97 Page 2 of 3
similar new oil pump plant at the Colorado substation in 1993, working as the
subcontractor for MAC Products, Inc. Furthermore, MAC Products Inc. is one of the few
companies that are designing such plants. The work they performed in 1993 at the
Colorado substation was quite satisfactory. Although the bid is 30 percent above the staff
engineer’s estimate of $70,000, staff recommends approval due to the specialized nature
of the work and the lack of altemate bids on the project.
Funds for this project are available in the FY 1996-97 Eieetrieal CIP under Substation
Protection, Major Project # 8938. ~
Environmental Assessment
This project is categorically exempt ~om the provisions of California Environmental
Quality Act and no further environmental review is necessary.
ATTACHMENTS
Exhibit "A"- Contract.
Exhibit "B"- Bid Analysis Sheet.
Prepared by:
Department Head Approval:
City Manager Approval:
Merajul Hoque,. Power Engineer
J.
Directd of Utilities
Assistant City Manager
CMR:204:97 Page 3 of 3
PBS OIL PUMP CONTROL REPLACEMENT
WORK ORDER # 21318
RFP CLOSED ON : ~4ARCH 4, 1997
EXHIBIT - "B
BIDDERS--->
(PARTIAL LIST)
CONTROL PNL./INSTRUMENT
UPOn%DE
A. DESIGN
8. FABRICATE/INSTALL/TEST
TOTAL-MAIN BZD
2.OPTIONAL ITEM-FLOWMETER
& STRAINER ADDITION
DESIGN
FABRICATE/INSTALL/TEST
TOTAL-OPTIONAL
PAST EXPERIENCE
PAST PERFORMANCE
INITIAL COST/PRICE ESCALATION
COMPLETENESS OF THE BID-OFFER
INSTALLATION SCHEDULE
INSTRUMENTATION PROPOSED
ELECTRICAL
CONSTRUCTORS
$17,600.00
$73,890.00
$91,490.00
$3,940.00
$18,440.00
"$22,3.80.00
25 YEARS
VERY GOOD
NONE
COMPLETE BID
OoKo
SAME AS COLORADO
WESCO
NO BID
NO BID
NO BID
NO BID
STANDARD
ELECTRIC
NO BID
NO
K~FFLER
NO BID
NO BZD
0 & M MANUAL
ANY SIGNIFICANT EXCEPTIONS
MANUFACTURER/SUPPLIER
AFFILIATION
SITE VISIT BEFORE DESIGN
SPECIAL CONDI.TION, IF ANY
TO BE SUPPLIED
NONE
YES WITH
MAC PRODUCTS
YES
HRLY. RATE FOR
ADDITIONAL WORK
~ CC~4ENDATXONS : ’
AMARD CONTRACT TO ELECTRICAL CONSTRUCTORS BEING FULLY RESPONSIVE TO THE. sPEC.
COST FOR THE MAIN BID IS REASONABLE (80% OF PRELIMINARY ESTIMATE). ($70k)
OPTIONAL ITEM CAN BE DELETED SINCE IT DOES NOT HAVE SIGNIFICANT
BENEFIT COMPARED TO COST. ~.
EVALUATED BY:
DATE:
s. ZUCCARO:
APPROVED BY:
EXHIBIT "A"
FORMAL CONTRACT Utilities Department Cit~, of Palo Alto
CONTRACT No.
(Public Work)
This Contract, dated , is entered into by and between the City of Palo Alto, a
chartered city and a municipal corporation of the State of California ("City"), and _F.J.~.trical Constructors. Inc. ~ a
ASolePro " " ~ " ,("Contractor").
For and in consideration of the covenants, terms, and conditions ("the provisions") Of this Contract, City and
Contractor ("the parties") agree:
I~133. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract,
and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is.
required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this
Contract. This Contract may be terminated for convenience by the City upon ten (10) days’ prior written notice.
General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants,
terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described
¯ as follows: ..
Title of Project:Park Blvd. Switchino Station. Pure ’’"
.BID No.: 94361. PRO.~~
Total Bid:
’ " . This Contract shall consist of the documents set forth below, which are on file with the
City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving
inconsistencies between and among .the provisions of this Contract, these documents and the provisions
thereof are set forth in the following descending order of precedence.
g.
h.
I.
This Contract.
Request For Proposal (Bid) documents.
Project Specifications and/or Scope of Work.
Drawings.
Change Orders.
Request For Proposal.
Standard Drawings and Specifications (1992).
Certificate of Insurance.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
Standard Drawings and Specifications (1992).
Any other document not expressly mentioned herein which is issued by’ City or entered into by the
parties.
.~. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this ’Contract .and upon
the receipt of written invoices and all necessary supporting documentation within the time set forth in the
CITY of PALO ALTO: Utilities - Switching Station... (Rev.3/97}SECTION 00500-1 of E
FORMAL CONTRACT Utilities Department City of Palo Alto
o
Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within
thirty (30) Days of the date of receipt of Contractor’s invoices.
J[l~lr~. On or before the Date of.Execution, Contractor shall obtain and maintain the policies of insurance
coverage described in the Notice Inviting Formal Bids on terms and conditions and in amounts as may be
required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s.personal
property or the personal property of any person performing labor or services or supplying materials or equipment
under the Project. Contractor shall furnish City with the certificates of insurance and with original
endorsements affecting coverage required unde’r this Contract on or before the Date of Execution. The
certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that
insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address
set forth in Section 15 of this Contract.
Jf~lemnlfication. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers,
employees, agents and representatives harmless from and against any and all claims, demands, liabilities,
losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or. in part, directly or
indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful
acts or the negligent acts or omissions of Contractor, or whichresults from Contractor’s noncompliance with
any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which
arises from Contractor’s failure to do anything required under .this Contract or for doing anything which
Contractor is required not to do underthis Contract, orwhich arises from conduct for which any Law. may
impose strict liability on Contractor in the performance of Or failure to perform the provisions ,of this Contract,
except as may arise from the sole willful acts or negligent acts or omissions of City.or any of its Council
members, officers, employees, agents or representatives. This indemnification shall extend to any and all
claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract
at any time during the term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations under
this Contract, Contractor further expressly agrees to protect, indemnify,-hold harmless and defend City, its City
Council members, officers and employees from and against any and all claims, demands, liabilities, losses,
damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in
connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract,
under the Comprehensive Environmental Response, Compensati.on and Liabilit~ Act (42 U.S.C. § §9601-6975,
as amended); the Resource Conservation and Recovery Act (42 U.S.C. § §6901-6992k, as amended); the Toxic
Substances Control Act (15 U.S.C. §§2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, § §25300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, § §25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, §§25249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, § §25280-25299.7, as amended); or under any other local, state or
federal law; statute or ordinance, or at common law.
~,~g:~:~;J~3_o_~. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the
property of Contractor which may occur in, on, or about the Project site at any time and in any manner,
excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission
of City or any of its Council members, officers, employees, agents or representatives.
~y_~. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver
by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this
Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the
CITY of PALO ALTO: Utilities - Switching Station... |Rev.3/97)SECTION 00500-2 of 8
FORMAL CONTRACT Utilities Department .City of Palo Alto
same or any other provision, nor shall any custom ~r practice which may arise betweeh the parties in the
administration of any .part or provision of this Contract be construed to waive or to lessen the right of City to
insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this
Contract.
.Comolial~ce with Layys. Contractor shall comply with all Laws now in force or which may hereafter be in force
pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or
other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any
Law of any public agency or official as well as with any provision of all recorded documents affecting the
Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws
pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
1.0o J~.OJ3~. As a conditlonprecedent to City’s.obligation to pay compensation to Contractor, and on or before the
Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice
Inviting Formal Bids.
11..Reoresentations and Warranties. In the supply of any materials andequipment and the rendering of labor and
services during the course and scope of the Project and Work, Contractor represents and warrants:
Any materials and equipment which shall be used during the course and scope of the Project and Work
shall be vested in Contractor; o
Any m~terials and equipment which shall be used during the cou’rse and scope of the Project and Work
shall be merchantable and fit to be used for the particular purpose for which the materials are required;
Any labor and services rendered and materials and equipment used or employed during the course and
scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after
the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed,
on the date that final payment is made hereunder;
f=
Any manufacturer’s warranty obtained by. Contractor shall be obtained o~ shall be deemed obtained
by Contractor for and in behalf of City.
Any information submitted by Contractor prior to the award of Contract, or ~hereafter, upon request,
whether or not submitted under a .continuing obligation by the terms of the Contract to do so, is true
and correct at the time such informatiod is submitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to
the terms and conditions of Contractor’s Bid, except as may be permitted by the Notice Inviting Formal
Bids;
g.
ho
Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract-is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon the
person or persons authorized to bind Contractor; ¯
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project
Manager or any other person who has directly contributed to City’s decision to award thecontract to
Contractor;
CITY of PALO ALTO: Utilities - Switching Station... (Rev.3/97)SECTION 00500-3 of 8
FORMAL CONTRACT Utilities Department City of Palo Alto
There are no unresolved claims or disputes between Contractor and City which would materially affect
Contractor’s ability to perform under the Contract;
Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions,
certifications, and other written information as may be requested of Contractor by City from time to
time during the term of this Contract; r
Contractor and any person performing labor and services under this Project are duly licensed by the
State of California as required by California Business & Professions Code Section 7028, as amended;
and
Contractor has fully examined and inspectedthe Project site and has full knowledge of the physical
conditions of the Project site.
12./~ssianment. This Contract and the performance required hereunder is personal to Contractor, and it shall not
be assigned by Contractor. Any attempted assignment shall be null and void.
13.
14.
Claims of Contractor. All claims pertaining to extra work, additional charges,-or delays within the Contract
Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by
certified or registered mail within ten (10) Days after the claim arose or within such other rimeas may be
permitted or required by law, and shall be described in sufficient detail to give adequate notice of the substance
of the claim to City.
~;~t~.~it~. During theterm of this Contract and fora period of not less than three (3) years after the
expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related
and Work-related writings and business records, as such terms are defined in California Evidence Code Sections
250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such
hours, during the regular business hours of City.
15.J~;dJ~. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents,
designations, notices, offers, requests and statements given by either party to the other shall be in writing and
shall be sufficiently given and served upon the other party if (1) personally se.rved, (2) sent by the United States
mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission,
if sent to the telephone FAX number set forth below during regular .business hours of the receiving party and
followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in
accordance with (1), (2) or (3) above. Personal service shall include, without limitation, 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 of PALO ALTO: Utilities - Switching Station... (Rev.3/97)SECTION 00500-4 of 8
FORMAL CONTRACT Utilities Department City of Palo Alto
Copy to:City of Palo Alto
Department of Utilities
250 Hamilton Avenue
P.O. Box 10250
Palo A!to, CA 94303
(415) 329L 234~0
FAX: (415) 329- 260.___~_8. "
Attn: Sam Zuccaro, Project Manager
To Contractor:ELECTRICAL CONSTRUCTORS. INC.
37 Norl;h Sylvian Avenue
Columbus, Ohio 43204
(61__3_4) 279-9468
FAX: ( 61; 4 ) 279-5722
ATTN: :J,. H. Elliott I Gene Siek
16.
17.
Al~l~rol~datJon of City Funds. This Contract is subject to the fiscal provisionsof Article III, Section 12 of the Charter
¯ of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after
such expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract
shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the
following ~scal year, or (i~ at any time within a fiscal year in the event thatfunds are only appropriated for a portion
of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the event of
a confiict with any other provisio’n of this Contract.
Miscellaneous.
a.BaileeDisclaimer. The parties understandand agree that City does not purport to be Contractor’s ballee~
and City is, therefore, not responsible for any damage to the personal property of Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such app.roval or
consent shall be in writing and shall be executed by a person having the express authority to grant such
approval or consent.
Controlling Law; The parties, agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
Delir~itions. The definitions and terms set forth in Section I of the Standard Drawings and Specifications
(1992) of this Contract are incorporated herein by reference.
Force Majeure. Neither party shall be deemed to be in ~lefault on account of any delay or failure to perform.
CITY of PALO ALTO: Utilities o Switching Station... (Rev.3/97}SECTION 00500-5 of 8’
FORMAL CONTRACT Utilities Department City of Palo Alto
its obligations under this Contract which directly results from an Act of God or an act of a superior
governmental authority. ..
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the
construction or interpretation of any part of this Contract.
.h.
Incorporation of Documents. All documents constituting the.Contract documents described in Section 3
hereof and all documents which may, from time to time, be referred to in any duly executed amendment
hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the pa~es constitute the entire agreement
between the parties concerning the Project and Work, and there are no other prior oral or written
agreements between the panes that .are not incorporated in this Contract.
jo
Modification of Agreement. This Contract shall not be modified or be binding upon the panties, unless such
modification is agreed to in writing and signed by the paNties..
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other
stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or
permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions,
shall be deemed to be both covenants and conditions.
Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other
writing, which authorizes any director, officer or other employee or partner to act for or in behalf of
Contractor or which authorizes Contractor to enter into this Contract.
rn.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or
unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. inthe exercise of rights and obligations under this Contract, Contractor acts as an
independent contractor and not as an agent or employeeof City. Contractor shall not be .entitled to any
rights and benefits accorded or accruing to the City Council members, officers or employees of City, and
Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and
bind, the successors and assigns of the panties.
Time of the Essence. Time is of the essence.of this’Contract and each of its provisions. In the calculation
of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day
and including the last. If the time.in which an act is to be performed falls on a Saturday, Sunday, or any
Day observed as a legal holiday by City, the time for performance shall be extended to the following
Business Day.
go ¯ Venue. In the event that suit is brought by either party hereunder, the paNties agree that trial of such action
shall be vested exclusively in the state courts of California in the County of Santa Clara in the City of San
Jose or in the United States District Court for the Northern District of California in the City of San Jose.
Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising
out of this Contract may recover its reasonable costs, including reasonable attorney’s fees, incurred or
expended in connection with such action against the non-prevailing party.
CITY of PALO ALTO: Utilities - switching Station....(Rev.3/97)SECTION O0500-6 of 8
FORMAL CONTRACT Utilities Department City of Palo Alto
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in
the city of Palo Alto, County of Santa Clara, State of California on the date first stated above.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED:
By:
Its: Mayor
coNTRACTORi
City Manager.
By:
Name:
Director of Utilities Title:
Director of Administrative Services
Taxpayer I.D, No.
Manager, Contract Administration
(for: Risk)
APPROVED AS TO FORM:
Senior Asst. City Attorney
CITY of PALO ALTO: Utilities - Switching Station. ;. (Rev.3/97)SECTION 00500-7 of 8
FORMAL CONTRACT Utilities Department City of Palo Alto
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
COUNTY OF
On
in and for said County, personally appeared.
, before me,, a notary public
#
personally known to me. (or proved to me on the basis of satisfactory evidence) to be the person(s)whose
name(s) is/are subscribed to. the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their aut.horized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
END OF SECTION
CITY of PALO ALTO: Utilities o Switching Station.... (Rev.3/97)SECTION 00500-8 of 8