HomeMy WebLinkAbout1996-02-20 City Council (4)C ty
7
City of Palo Alto
Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
AGENDA DATE: February 20, 1996 CMR: 148:96
SUBJECT:Award of Contract to Cupertino Electric, Inc. for Civic Center
Electrical Repair Project and Budget Amendment Ordinance
REQUEST
This report recommends that Council award a contract to Cupertino Electric, Inc. in the amount
of $36,570 for emergency repairs to the main power supply at the Civic Center. Staff also
recommends that a Budget Amendment Ordinance (BAO) for $42,000 be approved by Council
to transfer funds from the Budget Stabilization Reserves to the Public Works operating budget
to fund this emergency repair. This. allows for a 15 percent contingency to the contract.
RECOMMENDATIONS
Staff recommends that Council:
Approve the attached Budget Amendment Ordinance in the amount of $42,000 to fund
the repairs to the Civic Center electrical service;
Approve and authorize the Mayor to execute the attached agreement with Cupertino
Electric, Inc. in the amount of $36,570 for the Civic Center Electrical Repair Project; and
Authorize the City Manager or her designee to negotiate and execute one or more change
orders to the agreement with Cupertino Electric, Inc., the total value of which change
orders shall not exceed $5,430.
POLICY IMPLICATIONS
Approval of the ordinance and award of contract do not represent any change to existing
policies.
EXECUTIVE SUMMARY
CMR: 148:96 Page 1 of 3
On December 25, 1995, there was a failure to the main bus duct which is the primary power
feed for the Civic Center Building. The Utilities Department ran a temporary service to the
building to keep it operational. Staff has consulted with the Utilities Department and the
manufacturer’s representative to propose a repair. Due to the scope of work and the hazard
present with the existing temporary hookup, this project is being handled as an emergency
repair. In order to expedite the process, the formal bid process has been set aside, and Requests
for Quotations were made to three large electrical contractors. Quotes were received from three
qualified contractors on February 5, 1996, as listed on the attached summary (Attachment A).
Staff has reviewed the three quotations received and recommends that the low quotation
submitted by Cupertino Electric, Inc. be accepted by Council and that Council award the
contract to Cupertino Electric, Inc.. Staff is requesting a 15 percent contingency, because of the
possibility of unforeseen conditions which arise when replacing systems in an existing facility.
Due to the emergency nature and the size of the project, funds are not available in the Facilities
Management operating budget. Therefore, a Budget Amendment Ordinance is required to
transfer funds to the operating budget to provide for the cost of the repairs plus a 15 percent
contingency.
The City Attorney’s Office has advised that in view of the urgent need for repairs to the main
power supply at the Civic Center, the City is not required to comply with the formal bidding
requirements of the Palo Alto Municipal Code. Staff is permitted to informally solicit quotations
for the repair work, because competitive bidding would be undesirable, impractical or
impossible under the circumstances. The request for quotations solicited from three contractors
satisfies the City’s obligations to seek competitive bids by an informal bidding process.
FISCAL IMPACT
Funds are requested from the Budget Stabilization Reserves per the attached BAO.
ENVIRONMENTAL ASSESSMENT
This project is exempt from CEQA under Section 1530 of the CEQA guidelines.
ATTACHMENTS
A:
B:
C:
Summary of Quotations
Contract
Budget Amendment Ordinance
CMR: 148:96 Page 2 of 3
PREPARED BY:Karen Smith, Facilities Manager
DEPARTMENT HEAD REVIEW:
GLENN S. ROBERTS
Director Works
CITY MANAGER APPROVAL:
JUNE
City
CMR: 148 : 96 Page 3 of 3
Attachment A
CCOB 3000 AMP BUS DUCT REPLACEMENT
S~ARY OF QUOTATIONS
BASE BID
Cupertino Electric Inc.
SASCO Electric
Atlas/Pellizzari Electric, Inc.
$36,570.00
$44,000.00
$69,628.00
PART II - CONTRACT
ATTACHMENT
CONTRACT
(Public Work)
SECTION 00500
This Contract, dated , is entered into by and between the City of Pale Alto, a chartered city and
a municipal corporation of the State of California ("City"), and Cupertino Electric. Inc a Cozp_o_ratio~
QrgaElJzedunder the laws of the State of , ("Contractor").
For and in consideration of the covenants, terms and conditions ("the provisions") of this Contract, City and
Contractor ("the parties") agree:
~Lem~. 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.
Ge_[te_r_a[ Scope of Project 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:Bus Duct Replacement: Civic Center Office Buildin0 NO.:
Base Bid:$36,570
Add Alternates (if any): $.
Total Bid: $36,570
~. 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.j.
k.
I.
This Contract.
Notice Inviting Formal Bids.
Contract Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Affirmative Action Guidelines and Compliance Report.
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.
CITY of PALO ALTO: Public Works Formal Contract (w/HAZMAT) (10/95)SECTION 00500-1 of 8
PART
4.
II -CONTRACT SECTION 00500
C~3~lpe!~s~3. 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
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.
Insurance. 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 under 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.
J_o.d~.mnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members,
officers, and employees 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 or negligent act or
omission of Contractor, or which results 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
under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in
the performance of or failure to perform the terms and conditions of this Contract, except as may arise from
the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any
construction, renovation, or remodeling work performed by Contractor under this Contract at any time during
the term of this Contract, or arising thereafter.
~. 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 or negligent act or omissi.on of City
or any of its City Council members, officers, or employees.
CITY of PALO ALTO: Public Works Formal Contract (w/HAZMAT) (10/95)SECTION 00500-2 of 8
PART
8.
o
10.
11.
!1 - CONTRACT SECTION 00500
Y~&i_v_~. 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
same or any other provision, nor shall any custom or practice which may arise between 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.
Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force
pertainingto 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.
BoJ3ds. As a condition precedent 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.
Repres~,ntatinns and Warranties, In the supply of any materials and equipment and the rendering of labor and
services during the course and scope of the Project and Work, Contractor represents and warrants:
a. Any materials and equipment which shall be used during the course and scope of the Project and Work
shall be vested in Contractor;
Do Any materials and equipment which shall be used during the course 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;
do
eo
Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained
by Contractor for and on behalf of City.
Any information submitted by Contractor prior to the award of Contract, or thereafter, 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 information is submitted or made available to the City;
fo 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;
go 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;
CITY of PALO ALTO: Public Works Formal Contract (w/HAZMAT) (10/95)SECTION 00500-3 of 8
PART II -CONTRACT SECTION 00500
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 the contract to
Contractor;
jo
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;
Contractor and any person performing labor and services under this Project is duly licensed as a
contractor with the State of California as required by California Business & Professions Code Section
7028, as amended; and
12.
13.
14.
15.
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
~. 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.
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 time as 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.
Audits hy Ci_t_y. During the term of this Contract and for a 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 1 271, as amended, during the regular business hours .of Contractor, or, if Contractor has no such
hours, during the regular business hours of City.
No_tis_es. 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 served, (2} sent by the United States
mai!, 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 Pale Alto (City Clerk)
250 Hamilton Avenue
P,O. Box 10250
Pale Alto, CA 94303
CITY of PALe ALTO: Public Works Formal Contract (w/HAZMAT) (10/95)SECTION 00500-4 of 8
PART II -CONTRACT
Copy to:City of Palo Alto
Department of Public Works
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
(415) 496,6_9Z0__
FAX: (415) 496-695_8_’_.
ATTN: Arnold Brock, Project Manager
To Contractor:Cupertino Electric, Inc
714 Est Evelyn Avenue
Sunnyvale, CA ....... 94086
(_4_Q8_) 991-1000
FAX: (_4_Q8_) 2_4_5-3430
SECTION 00500
16.
17.
ATTN: DICK ROUTH
Appzopriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 1 2 of the
Charter of the City of PaSo 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 fiscal year, or (ii) at any time within a fiscal year in the event that funds
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 conflict with any other provision of this Contract.
ao Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s
bailee, 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 approval or
consent shall be in writing and shall be executed by a person having the express authority to grant
such approval or consent.
Co 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.
Definitions. The definitions and terms set forth in Section 1 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 default on account of any delay or failure to
perform 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.
CITY of PALO ALTO: Public Works Formal Contract (w/HAZMAT) (10/95}SECTION 00500-5 of 8
PART I! - CONTRACT SECTION 00500
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.
ho Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral or
written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless
such modification is agreed to in writing and signed by the parties.
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.
No 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. In the exercise of rights and obligations under this Contract, Contractor acts as
an independent contractor and not as an agent or employee of 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 parties.
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.
Venue. In the event that suit is brought by either party hereunder, the parties 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: Public Works Formal Contract (w/HAZMAT) (10/95)SECTION 00500-6 of 8
PART II -CONTRACT SECTION 00500
IN WITNESS WHEREOF, the parties have executed this Contract on the date first above stated in Palo Alto,
California.
ATTEST:CiTY OF PALO ALTO, CALIFORNIA
City Clerk
APPROVED:
City Manager
of Public Works
Director of Finance
By:
Mayor
CONTRACTOR:
By:
Name:
Title:.Director
Taxpayer I.D. No.
Risk:
Manager Purchasing & Contract Administration
APPROVED AS TO FORM:
Senior Assistant City Attorney
CITY of PALO ALTO: Public Works.Formal Contract (w/HAZMAT) (10/95)SECTION 00500-7 of 8
PART II - CONTRACT SECTION 00500
STATE OF
COUNTY OF
On
appeared
to be
)
)
the person(s)
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
, before me,, a notary public in and for said County, personally
, personally known to me {or proved to me on the basis of satisfactory evidence)
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
authorized 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.
END OF SECTION
CITY of PALO ALTO: Public Works Formal Contract (w/HAZMAT) (10/95)SECTION 00500-8 of 8
CUPERTINO
ELEOTIRIC INO,
Fax: (415) 496-6958
Mr. Arnold Brook
City of Palo Alto
Public Works Departmer~t
3201 East Baysho~ Road
PaIo Alto, CA 94306
250 Hamilton Avenue
Palo Alto, California
Replaoemcnt of the 3000 Amp Bus Duct
Dear Mr. Brock:
We have included the following in our proposed scope ofwark:
Provide and install a new We.~tinghouse, U.L. ra~d 3000 amp, 3-phase 4-wire
bus duet from the existing CPA utility company transformer to the budding
main switchboard. This includes:
Nema 3R tran~fion box
5 f~et ofNema 3R bus duct
Nema 1 bus duot~ wi .t.hia. the b~ng
Elbows, ~ req~ed
P~e! flmge
S~po~
C~g ~om ~e ~sifion box m the ~fo~er
We also include the removal of the existing bus duet, and transition box.
These items will be turned over to the city for disposal.
o Clar~cafions:
a. All work ~o be during normal working hours except for the final
connections that require the el~t,’tfical power to be shutdown. This
work to be performed on a Saturday.
b.Traffic control for work in the parking garage to be by the City of Palo
Alto. Cupertiao Ele~trio will coordinate with the city’.
e.A permit or fee for a permit is not included.
February 5, 1996
Page 2
The new bus d~t for installation in the trough outside at the
traasformer is Nama 3K mw, d. h has weep holes on ~e boom, to let
out my eonde~af!on. It is no~ desi~ to be s~me~ed ~ water.
We mco~end ~ a p~p or a ~ be ~~ ~ ~ ~ou~ to
p~v~t ~ b~d ~ offer ~ ~ ~.
~ propo~ ~ good for 30 days.
The deHvc~ of~ b~ d~t is 6-8 w~e~ ~ rel~% ~f ~aw~s ~
r~e~ add 4 we~.
Our price for the above scope of work is." $36,570.00
Thank you for eonsidmSng our fim~ for this project. Please let us know how we can
assist you.
Sincerely,
CUPEP~T~AqO ELECTRIC, "INC.
Dick Routh
Project Manager
TOTRL P.02
ORDINANCE NO.
ATTACHMENT C
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1995-96 TO
PROVIDE AN ADDITIONAL APPROPRIATION FOR EMERGENCY REPAIR
OF THE MAIN POWER SUPPLY TO THE CIVIC CENTER
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on June
19, 1995 did adopt a budget for fiscal year 1995-96; and
WHEREAS, on December 25, 1995 there was a failure in the main
power feed to the Civic Center; and
WHEREAS, the Electric Utility has made a temporary connection
of power to the Civic Center; and
WHEREAS, the electrical connection needs to be repaired with
a permanent connection as soon as possible; and
WHEREAS, the budget needs to be amended to fund the emergency
contract that will perform this work for a cost of $42,000; and
WHEREAS, City Council authorization is needed to amend the
1995-96 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION i. The sum of forty-two thousand dollars ($42,000) is
hereby appropriated to non-salary expenses in the Functional Area
Structures ~and Grounds in the Public Works Department and the
General Fund Budget Stabilization Reserve is correspondingly
reduced.
SECTION 2. This transaction will reduce the
Stabilization Reserve from $13,573,466 to $13,531,466.
Budget
SECTION 3. As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 4. The Council of the City of Palo Alto hereby finds
that the enactment of this ordinance is not a project under the
California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
SECTION 4. As provided in Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shal! become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Deputy City Manager
Director of Public Works