HomeMy WebLinkAbout1996-06-10 City Council (23)C ty
City of Palo Alto
Manager’s Report
TO:HONORABLE CITY COUNCIL 4
FROM:CITY MANAGER DEPARTMENT:UTILITIES
AGENDA DATE: June 10, 1996 CMR:295:96
SUBJECT:Award of Contract to Lewis & Tibbitts, Inc for .Installing
Substructures in Underground District No. 36.
REO_UEST
This is a request for approval of a contract with Lewis & Tibbitts Inc., in the amount of
$1,628,397.77 for the installation of Utility Trench and Substructure required for the
Underground Utility District No. 36.
RECOMMENDATIONS
Staff recommends that Council:
1)Approve and authorize the Mayor to execute the attached comract with Lewis &
Tibbitts Inc., in the amount of $1,628,397.77 for the installation of Utility Trench
and Substructure required for the Underground Utility District No. 36
2)Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract with Lewis & Tibbitts Inc., for related, additional but
unforeseen work which may develop during the project, the total value of the change
orders shall not exceed $165,000.
o Authorize the Mayor to execute the attached Specific Agreement for Joint
Participation Installation of Underground Facilities between the City of Palo Alto,
Pacific Bell, and Cable Co-op.
CMR:295:96 Page 1 of 4
POLICY IMPLICATIONS
The award of this contract is consistent with existing policies.
EXECUTIVE SUMMARY
Project Description
At its meeting on June 5, 1995, the Council adopted Ordinance No. 4280, creating
Underground Utility DistrictNo. 36 for the Commercial/Transport Streets, Industrial Avenue
and Corporation Way shown on the attached district boundary map. As indicated in
CMR:275:95, this project involves constructing an underground distribution system in an
area which meets both the City and Pacific Bell guidelines for undergrounding. The new
underground system will be installed in the public right-of-way and constructed in four
phases.
Phase I Substructure installation by Contractor, consisting of placement of
boxes, vaults and conduits in the public right-of-way.
Phase II Installation, testing and energization of new underground distribution
cables, transformers and switches.
Phase III Customer service conversion - all affected property owners will be
required to connect to the new underground system.
Phase IV -Removal of overhead line~, and poles.
Bid Process
A noticeinviting formal bids for proceeding with Phase I of this project was sent on April
23, 1996, to four builders’ exchanges and nine contractors. The bidding period was thirty
five days because Of the complexity and magnitude of the project. A mandatory pre-bid
meeting was" held on May 13, 1996. Only six contractors out of the nine who received the
formal bids attended the meeting. Three contractors who did not attend the mandatory pre-
bid meeting did not submit bids. Bids were received from five qualified contractors on May
28, 1996, as listed on the attached bid summary ( Attachment A). Bids ranged form a high
of $2,103,539.20 to a low bid of $1,628,397.77. One contractor who attended the
mandatory pre-bid meeting did not submit a bid, because the work involved in this project
was beyond his company’s capability.
Staff has reviewed all bids submitted and recommends that the bid of $1,628,397.77
submitted by Lewis & Tibbitts Inc., be accepted and that Lewis & Tibbitts Inc., be declared
CMR:295:96 Page 2 of 4
the lowest responsible bidder. The bid is 5 percent above the engineer’s estimate of
$1,550,000. Approval of the change order amount of $165,000, which equals 10 percent
of the total contract, is requested for unforeseen work which may develop during the
project.
Staff has done reference checks for the contractor and the Contractor’s License Board
and found no complaints. The license is active and in good standing.
Based on the low bid, estimated costs for the City, Pacific Bell and Cable Co-op are
$881,397.77, $454,000 and $293,000 respectively.
Joint Agreement
To take advantage of the economics of joint use of trenches, the City, Pacific Bell and
Cable Co-op executed an Amended Master Agreement in 1990 (originally a master
agreement between the City and Pacific Bell executed in 1975 and amended in 1986) for
participation in joint underground construction projects.
This Amended Master Agreement, however, limits the expenditures to $25,000 per project.
Whenever the amount involved in a project exceeds the $25,000 limit, then a Specific
Supplementary Agreement is required. The Supplementary Agreement references the
Amended Master Agreement for general terms and conditions and requires, when the work
is contracted, the use of the exact unit prices quoted by the contractor to determine the
costs shared between the utilities. Accordingly, the City, who will administer the contract
for this project, will invoice Pacific Bell and Cable Co-op on the basis of prices quoted and
the terms agreed upon in Exhibit "A" of the agreement. Staff recommends approval of the
Specific Supplementary Agreement for the Underground Utility District # 36.
FISCAL IMPACT
Funds for this project are included in the FY 1994-95 Electric Utility Capital Improvement
Program.
ENVIRONMENTAL ASSESSMENT
This project is categorically exempt under Section 15302 of the California Environmental
Quality Act and no further environmental review is necessary.
CMR:295:96 Page 3 of 4
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Bid Summary
Contract
Specific Agreement
Underground Facilities.
for Joint participation Installation of
PREPARED BY: Patrick E. Valath, Senior Power Engineer
DEPARTMENT HEAD REVIEW:
of Utilities
CITY MANAGER APPROVAL:
~ity Manager
CMR:295:96 Page 4 of 4
~o o o o o o o o o¯ .~o o o o o o o o o
Attachment B
FORMAL CONTRACT
CONTRACT
Utilities Departmen t
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 Lewis & Tibbitts. Inc. , a
California General Contractor , ("Contractor").
For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and
Contractor ("the parties") agree:
.T.f, fJ33. 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.
General Scooe of Proie~t 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:Commercial/Industrial/Corooration Way
UnderQround Conversion Proiect
UnderQround District No. 36
Base Bid:$1.628.397.77
Add Alternates (if any): $-O-
Total Bid: $ 1.628.397.77
NO.: # 87157
°Contract Documents. 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.
This Contract.
Notice Inviting Formal Bids.
Project 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’. Commercial/Industrial/Corporation Way (Rev.5/96)Page 1 of 8
FORMAL CONTRACT Utilities Department
Comoensation. 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.
Indemnification. 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 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 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, Compensation and Liability 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.
Assumption of Risk. 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.
CITY of PALO ALTO: Commercial/Industrial/Corporation Way (Rev.5/96)Page 2 of 8
FORMAL CONTRACT Utilities Department
4 ~_aJ_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.
10.
Com[~liance with Laws. 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.
EoJ3~. 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.
11.Re#resentations 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:
bo
Any materials and equipment which shall be used during the course and scope of the Project and Work
shall be vested in Contractor;
Any materials and equipment which shall be used during th~ 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 equip.ment 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 Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained
by Contractor for and in 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;
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
CITY of PALO ALTO: Commercial/Industrial/Corporation Way (Rev.5/96)Page 3 of 8
FORMAL CONTRACT Utilities Department
Manager or any other person who has directly contributed to City’s decision to award the contract to
Contractor;
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;
ko 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 inspected the Project site and has full knowledge of the physical
conditions of the Project site.
12.AssiQnment. 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 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 by City. 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 1271, as amended, during the regular business hoL~’rs of Contractor, or, if Contractor has no such
hours, during the regular business hours of City.
15.~. 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 andserved upon the other party if (1) personally served, (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: Commercial/Industrial/Corporation Way (Rev.5/96)Page 4 of 8
FORMAL CONTRACT Utilities Department
Copy to:City of Palo Alto
Department of Utilities
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
(415) 329- 2116
FAX: (415) 329- 2608.
ATTN: Patrick Valath, Project Manager
To Contractor:
ATTN:
16.
17.
Appropriation of City Funds. This Contract is subject to the fiscal provisions of A~cle 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 fiscal year, or (i~ 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.
Miscellaneous.
ao Bailee Disclaimer. The parlJes 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: Commercial/Industrial/Corporation Way (Rev.5/96)Page 5 of 8
FORMAL CONTRACT Uti/ities Department
ho
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.
Integral~on. 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
st~pulal~on 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.
k°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.
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.
no 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.
Oo 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 acl~on 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: Commercial/Industrial/Corporation Way (Rev.5/96)Page 6 of 8
FORMAL CONTRACT Utilities Department
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
By:
City Clerk Its: Mayor
APPROVED:CONTRACTOR:
City Manager
By:
Name:
Director of Utilities Title:
Director of Administrative Services
Taxpayer I.D. No.
Manager, Contract Administration
APPROVED AS TO FORM:
Senior Asst. City Attorney
CITY of PALO ALTO: Commercial/Industrial/Corporation Way (Rev.5/96)Page 7 of 8
FORMAL CONTRACT Utilities Department
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
On , before me,
in and for said County, personally appeared
, personally known to me
satisfactory evidence) to be the person(s) whose name(s)
instrument,
, a notary public
(or proved to me on the basis of
is/are subscribed to the within
, 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: Commercial/Industrial/Corporation Way (Rev.5/96)Page 8 of 8
Att ’hment C
SPECIFIC AGREEMENT FOR JOINT PARTICIPATION
INSTALLATION OF UNDERGROUND FACILITIES SYSTEM
UNDERGROUND UTILITY DISTRICT NO. 36
THIS AGREEMENT, made and entered into this day
of , 1996, by and among PACIFIC BELL, a California
corporation, hereinafter called "COMPANY," CABLE COMMUNICATIONS
COOPERATIVE OF PALO ALTO, INC, a California Corporation,
hereinafter referred to as "CABLE COOP" and the CITY OF PALO
ALTO, a municipal corporation hereinafter called "CITY":
WI T N E S S E T H:
WHEREAS, CITY, CABLE COOP and COMPANY on September 24, 1990
entered into an agreement (Contract No. MD-723) entitled "AMENDED
MASTER AGREEMENT FOR INSTALLATION OF UNDERGROUND FACILITIES
SYSTEMS BY AND AMONG THE CITY OF PALO ALTO, PACIFIC BELL AND
CABLE COOP (LESS THAN $25,000.00)" which agreement provided for
joint participation in the installation of underground facilities
systems, subject to CITY’S Council approval where CITY’S share of
cost will exceed Twenty-Five Thousand Dollars ($25,000); and
WHEREAS, it is necessary for CITY to open trenthes in the
area of the City of Palo Alto in connection with Utility District
No. 36 "Project" authorized by City of Palo Alto Ordinance No.
4280 adopted June 26, 1995; and
WHEREAS, CITY will act as the Trenching Agent under the
master agreement and CABLE COOP and COMPANYdesire to have
installed in the open trenches certain of their own underground
facilities the share of which installation costs will exceed
Twenty-Five Thousand Dollars ($25,000);
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I. CITY agrees to act as Trenching Agent to install,
or have insta!led, certain underground facilities to be used
exclusively or shared by and among CITY, CABLE COOP and COMPANY
in connection with the Project. The extent and location of such
facilities shall be agreed upon by the authorized representatives
of the parties hereto prior to such installation. COMPANY and
CABLE COOP each agree to reimburse CITY for the respective costs
of such installation in accordance with the terms set forth in
Exhibit "A" (Terms of Agreement) and Exhibit "B" (Bidder’s
Proposal), Commercial/Industrial/Corporation way Conversion
Project, Utility Trench and Substructure (U.U.D. No. 36) attached
hereto’and by this reference incorporated herein.
SECTION 2. This is a separate agreement approved by CITY’S
Council as contemplated by Section 2(c) of Contract No. MD 723,
and the terms and conditions of Contract No. MD 723 entitled,
"AMENDED MASTER AGREEMENT FOR INSTALLATION OF UNDERGROUND
FACILITIES SYSTEMS BY AND AMONG THE CITY OF PALO ALTO, PACIFIC
BELL AND CABLE COOP (LESS THAN $25,000.00)," dated September 24,
1990, among CITY, CABLE COOP and COMPANY including any future
amendments thereto, are hereby incorporated by reference into
this agreement.A copy of Contract No. MD 723 is attached hereto
as Exhibit "C".
IN WITNESS WHEREOF, the parties, have caused this agreement
to be executed the day and year first above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Sr. Assistant City Attorney
APPROVED:
City Manager
Director of Finance
Mayor
PACIFIC BELL
CABLE COMMUNICATIONS
COOPERATIVE OF PALO ALTO, INC.
BY:
TITLE:
Director of Utilities
EXHIBIT "A"
COMMERCIAL/INDUSTRIAL/CORPORATION WAY
UNDERGROUND CONVERSION PROJECT
UTILITY TRENCH AND SUBSTRUCTURE
TERMS OF AGREEMENT
Ao
B o
CONSTRUCTION CONTRACT (See attached bid items for breakdown of
cost estimate.)
All bid items solely for the CITY use shall be charged 100%
to the City°
All bid items solely for the COMPANY use shall be charged
100% to the Company.
o All bid items solely for CABLE COOP use shall be charged
100% to the CABLE COOP.
o All joint trench bid item costs will be ~determined using a
space/cost allocation formula, which divides the minimum
trench area required for each trench occupant individually
by the sum of the minimum trench areas for all occupants.
o Pavement and surface restoration over joint trench shall be
shared equally by the number of occupants in the trench.
°All optional bid items, whenever used, shall be charged
individually or jointly depending on how the items are used.
o Cost of compaction testing shall be shared equally by the
number of occupants in the trench.
BID PACKAGE PREPARATION AND CONTRACT ADMINISTRATION
Four percent (4%) of CABLE COOP & COMPANY shares of actual cost
of construction shall be added to CABLE COOP and COMPANY cost for
bid package and contract administration performed by CITY staff.
C:\WPDOC\DT36\AGRSPECI.D36
LEGEND
BOUNDARY OF PROPOSED
UNDERGROUND DISTRICT
APPROVED ~ #’AN 1~95
MDB
ENGR. MANAGER
ENGR CJ
DRAWN PD
CHECKED I PV
UNDERGROUND DISTRICT NO. 36
BOUNDAR Y MAP
CITY OF F’ALO ALTO
CALIFOKNIA
SCALE
I"=500’
DESCRIPTION
I APPR
WORK ORDER
21203
DRAWING NO.
36-BM-S-O01