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HomeMy WebLinkAbout1999-08-02 City Council (21)City of Palo A:~to anager’s Repert TO:HONORABLE CITY COUNCIL 5 FROM:CITY MANAGER DEPARTMENT: UTILITIES DATE: SUBJECT: AUGUST 2, 1999 CMR: 330:99 AWARD OF CONTRACT TO LEWIS AND TIBBITTS, INC.IN THE AMOUNT OF $3,383,974.55 FOR THE INSTALLATION OF THE UTILITY TRENCH AND SUBSTRUCTURE SYSTEM IN UNDERGROUND UTILITY DISTRICT NO. 37 EMBARCADERO/ MIDDLEFIELD ROADS Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with Lewis and Tibbitts, Inc. in the amount of $3,383,975 for the installation of a Utility Trench and Substructure system required for Underground Utility District No. 37. Authorize the City Manager or her designee to negotiate and execute one or more change orders to the contract with Lewis and Tibbitts, Inc. for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $340,000. o Authorize the Mayor to execute the attached Specific Agreement for Joint Participation in the Installation of Underground Facilities between the City of Palo Alto, Pacific Bell, and Cable Co-op. On March 17, 1997, the Council adopted Ordinance No. 4408, creating Underground Utility District No. 37 for the EmbarcaderoRoadYMiddlefield Road area shown in the district boundary map as part of Attachment C. As indicated in CMR: 170:97, this project involves CMR:330:99 Page 1 of 4 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, pads and conduits in the public right-of-way and in public utility easements. 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 lines and poles. A notice inviting formal bids for proceeding with Phase I was sent on June 4, 1999 to thirteen builders’ exchanges and nine contractors. The bidding period was 32 days because of the complexity and magnitude of the project. A mandatory pre-bid meeting was held on June 17. Only four contractors out of the nine who received the formal bids attended the meeting. The five contractors who did not attend the mandatory pre-bid meeting did not submit bids. Bids were received from two qualified contractors on July 6, 1999, as listed on the attached bid summary (Attachment A). Bids ranged from $3,383,975 to $3,943,123. Two contractors who attended the mandatory pre-bid did not submit a bid because they are too busy at the present time to take on new projects, or the work involved in this project was beyond their company’s capability. Staff has reviewed all bids submitted and recommends that the bid of $3,383,975 submitted by Lewis and Tibbitts, Inc. be accepted and that Lewis and Tibbitts, Inc. be declared the lowest responsible bidder. The bid is 1.8 percent below the engineer’s estimate of $3,444,093. The change order amount of $340,000, which approximately equals 10 percent of the total contract, is to cover the cost of additional but unforeseen work which may develop during the project. Staff checked references supplied by the contractor for previous work performed and found no complaints. Staff also checked with the Contractor’s State License Board and found that the contractor has an active license with no complaints on file. CMR:330:99 Page 2 of 4 To take advantage of the economics of joint use of trenches, the dity, Pacific Bell and Cable Co-op executed an Amended Master Agreement in 1990 for participation in joint underground construction projects. The original master agreement between the City and Pacific Bell was executed in 1975 and amended in 1986. The Amended Master Agreement limits the expenditures to $25,000 per project. Whenever a project exceeds the $25,000 limit, 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, as the administer of 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". Staff recommends approval of the Specific Supplementary Agreement for Underground Utility District No. 37 (Attachment C). Based on the low bid, the estimated costs for the City, Pacific Bell, and Cable Co-op are $1,862,975, $845,000, and $676,000 respectively. Funds for this project are included in the FY 1999-2000 Electric Capital Improvement Program (CIP 9611) Budget. POJ.,¯ONS The award of this contract does not represent any change to existing City policies. EN_~RONMEN~ This project is categorically exempt from the California Environmental Quality Act (CEQA). CMR:330:99 Page 3 of 4 ATTACHMENTS Attachment A: Attachment B: Attachment C: Bid Summary Contract Specific Agreement for Underground Facilities Joint Participation in the Installation of PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: Sager Farraj, Senior Power Engineer Director of Utilities A ¯ E~Y H~-~"-N ~ Assistant City Manager CMR:330:99 Page 4 of 4 Jr Wn~ W [3 [] [] CONTRACT No. (Public Work) ATTACHMENT ’B’ This Contract, number dated , is entered into by and between the City of Palo Alto, a chartered city and a municipal corporation of the State of California ("City"), and Lewis and Tibbits, Inc., a California Corporation, ("Contractor"). For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, .City and Contractor ("the parties") agree: Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. General Scope of P.roject and Work. Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Proiect and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows: Title of Project:Embarcadero Road/Middlefield Road Underground Conversion Project, Underground District 37, Invitation for Bid (IFB) Number 115848 Total Bid:$ 3,383,974.55 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. Invitation For Bid. Project Specifications. Drawings. , Change Orders. Bid. Supplementary Conditions. General Conditions. Standard Drawings and Specifications (1992). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. 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. Compensation. 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 Invitation For Bid 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 Page 1 of 6 10. 11. 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 adsing 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. Waiver. 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 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 a!l Laws pertaining to nondiscrimination in employment and hazardous materials. Bonds. 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 Invitation For Bid. Representations 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: Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; Page 2 of 6 12. 13. 14. 15. Any materials and e~luipment 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; Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. eo 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; 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 Invitation For Bid; 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; ho 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; 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 Preject 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. 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. 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 wdting 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 hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. Notices. 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 Page 3 of 6 the United States mail, postage prepaid, (3) sent by pdvate 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 Copy to:City of Palo Alto Utilities Department 250 Hamilton Ave P.O. Box 10250 Palo Alto, CA 94303 Attn: Sager Farraj, Project Manager To Contractor:Lewis and Tibbitts, inc. 42700 Boyce Road Fremont, CA 94538 Attn: Gary T. Manly 16. 17. Ap!~ropriation of City Funds. This Contract is subject to the fiscal provisions of Article Ill, 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 (1) 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. Miscellaneous,. 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. 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. 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 Page 4 of 6 deemed to be part 0f this Contract. 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. 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 Contract(~r. 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 r~asonable costs, including reasonable attorney’s fees, incurred or expended in connection with such action against the non-prevailing party. 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 Clerk CITY OF PALO ALTO By: Its Mayor APPROVED AS TO FORM: Senior Assistant City Attorney Page 5 of 6 APPROVED:CONTRACTOR: Assistant City Manager Director of Utilities Director of Administrative Services Contract Manager (Insurance Review) By Lewis and Tibbits, Inc. Name: Title: ~’ Name: SAM EDWARDS Tile: SECRETARY (Compliance with California Corporations Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) COUNTY OF ~ 1 ~ It~le--c~ ~ On ~_~L~V [4 , [qqC ,before me,~l~llt! C~.~;tk)~ - ~kOOt~_-z~t~, a notary p_L~blic in and ~or said County, personally appeared L~’..~\;-~ "T"~,~i~:r.I~-F_.~ 1=14~ -) , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person..0~ whose name(s) ~ subscribe..~d to the within instrument and acknowledged to.g3.~that.he/~xecuted the same in ~e~t the~.~authorized capacity(ies), and that by f~’h4~ignature(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) Page 6 of 6 SPECIFIC AGREEMENT FOR JOINT PARTICIPATION INSTALLATION OF UNDERGROUND FACILITIES SYSTEM UNDERGROUI~D UTILITY DISTRICT ~O. 37 THIS AGREEMENT, made and entered into this day of , 1999, by and among PACIFIC BELL, a California corporation hereinafter called "COMPANY," CABLE CO~£MUNICATIONS 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": W I TNE S S E T H: WHEREAS, CITY, CABLE COOP and COMPANY ON September 24, 1990 ente’~ed into an agreement (Contract No. MD.-723) entitled "AMENDED ~STER AGREEMENT FOR INSTALLATION OF UNDERGROUND FACILITIES SYSTEMS BY AND ~}[ONG 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 trenches in the area of the City of Palo Alto in connection with Utility District No. 37 "Project" authorized by City of Pa!o Alto Ordinance No. 4408 adopted April 7, 1997; and WHEREAS, CITY will act as the Trenching Agent under the master agreement and CABLE COOP and COMPANY desire 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 fol!ows: SECTION [. CITY agrees to act as Trenching Agent to install, or have installed, 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 co~ts of such installation in accordance with the terms set forth in Exhibit "A" (Terms ofAgreement) and Exhibit "B" (Bidder’s Proposal), Embarcadero/Midd!efie!d Road Conversion Project, Utility Trench and Substructure (U.U.D. No. 37) attached hereto and by this reference incorporated herein. 990628 s?n 0071464 SECTION 2.~ This separate agreement is contemplated by Section 2(c) of Contract No. MD 723, entitled, "~:MENDED P~STER AGREEMENT FOR INSTALLATION OF UNDERGROUND FACILITIES SYSTEMS BY AND AMONG THE CITY OF PALO ALTO, PACIFIC BELL AND 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 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: Mayor PACIFIC BELL Senior Asst. City Attorney APPROVED: Assistant City Manager CABLE COMMLRqICATIONS COOPERATIVE OF PALO ALTO, INC. Director of Administrative Services Director of Utilities By: Title: 99062S s) n 01)71464 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) COUNTY OF L~n ~ ("~I u"t(-~) On ~"dl~ ~’) l~ld~ , before me, ~’ ~4 , a notary public i’n and for said County, personally appeared ..... /m2, ~, , of PACIFIC BELL COMPANy, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~,.~whose name(~ is/at-e-subscribed to the within instrument and acknowledged to me that he/sg~eleJ~y executed the same in his~ authorized capacity(-ie~, and that by his,~cr/thoir- signature(-~ on the instrument the person.~, or the entity upon behalf of which the person(,sr} acted, executed the instrument. WITNESS my hand and official seal. Signature CommL~lon # 1218217 i ~ Notary Public-Califomi~ (Seal)] ~ ~anta Clcmu County CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF CtDrLI FOlelN! f+ COUNTYOF ~’/~/N’?-/~ CLPrP--i~) On ~!V ~o~ IC~C~cI ,before me, , a notary ~ublic in and for said County, personally appeared,,, , of CABLE COMMUNICATIONS COOPERATIVE OF PALO ALTO, INC., persona!!:,’ known in_ me-(or proved to me on the basis of satisfactory evidence) to be the person’(’s.),whose name(s,), is/at-e-subscribed to the within instrument and acknowledged to me that he/shelf,hey, executed the same in his/herA4=te~ authorized capacity(4~, and that by his/her/their-signature’(’s.), on the instrument the person’(’~ or the entity upon behalf of which the person~., acted, executed the instrument. WITNESS my hand and official seal. Signature "~’~qn e-7/’7~ ,~L. J~ii~. JEANEITE L CASTBJNO~"~ CommL~ion # 121~1~(Seal) ~ ~ Notary PuI:~"~- ~ EXHIBIT "A" EMBARCADERO ROAD/MIDDLEFIELD ROAD UNDERGROUND CONVERSION PROJECT UTILITY AND TRENCH SUBSTRUCTURE TERMS OF AGREEMENT CONSTRUCTION CONTtLA.CT (See attached bid items for breakdown of cost estimate). 1.All bid items solely for the CITY use shall be charged 100% to the CITY. o All bid items solely for the COMPANY use shall be charged 100% to the COMPANY o All bid items solely for CABLE COOP shall be charged 100% to CABLE COOP. 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. 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. Cost of compaction testing shall be shared equally by the number of occupants in the trench. B.BID PACKAGE AND CONTRACT ADMINISTRATION Four percent (4%) of CABLE COOP’S and COMPANY’S shares of actual cost of construction shall be added to CABLE COOP’S and COMPANY’S cost for bid package and contract administration performed by CITY staff.