HomeMy WebLinkAboutStaff Report 152-07City of Palo Alto
City’Manager’s Report
TO:HONORABLE CITY COUNCIL
6
FROM:CITY MANAGER PARTMENT: UTILITIES
DATE:
SUBJECT:
MARCH 5, 2007 CMR:152:07
APPROVAL OF A UTILITIES FUND CONTRACT WITH WEST
VALLEY CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF
$2,462,081 FOR INSTALLATION OF THE UTILITY TRENCH AND
SUBSTRUCTURE,AND APPROVAL OF THE SPECIFIC
SUPPLEMENTARY AGREEMENT FOR JOINT PARTICIPATION
INSTALLATION OF UNDERGROUND FACILITIES SYSTEM
BETWEEN CITY OF PALO ALTO, AT&T CALIFORNIA AND
COMCAST CORPORATION OF CALIFORNIA IX, INC. FOR
UNDERGROUND UTILITY DISTRICT NO. 41 CAPITAL
IMPROVEMENT PROGRAM PROJECT - EL 03001
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with West Valley
Construction Company Inc. in the amount of $2,462,081 for the installation of the utility
trench and substructure system for the Underground Utility District No. 41 Project.
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with West. Valley Construction Company Inc. for related, additional
but unforeseen work which may develop during the project, the total value of which shall
not exceed $246,000 or approximately 10% of the contract value.
Approve and authorize the City Manager to execute the attached Specific Supplementary
Agreement for Joint Participation Installation of Underground Facilities System between
the City of Palo Alto, AT&T California and Comcast Corporation of California IX, Inc.
BACKGROUND
At its meeting on October 24, 2005, the City Council adopted Ordinance No. 4883 creating
Underground Utility District No. 41. This project involves constructing an underground electric
distribution system in an area which meets both City and AT&T guidelines for undergrounding.
CMR:152:07 Page 1 of 4
The new underground systeln is to be installed in the public right-of-way and constructed in four
phases:
Phase I Substructure installation by the contractor, consisting of trenching
and placement of conduits, vaults, boxes and pads in the public
right-of-way and in public utility easements.
Phase II Installation, testing and energizing of new underground distribution
cables, switches and transformers.
Phase Iii Customer service conversions- all affected property owners will be
required to connect to the new underground system.
Phase IV -Removal of all overhead lines and poles.
The attached contract is for Phase I of the project. This work needs to be performed by a
contractor because the City does not have the staff and the equipment to install the substructure
required for this project.
DISCUSSION
Sulnmary of Bid Process
Bid Name Underground District No.41
Proposed Length of Project 3 to 4 months - Phase I
Number of Bids Mailed to 7
Contractors
Number of Bids Mailed to Builder’s 5
Exchanges
Total Days to Respond to Bid 21
Pre-Bid .Meeting Yes
Number of Company Attendees at 5
Pre-Bid Meeting
Number of Bids Received:4*
Bid Price Range From a low of $2,462,081 to a high of $2,945,010
*Bid sulnlnary provided in Attachment B.
Staff has reviewed all bids submitted and recomlnends that the bid of $2,462,081 sublnitted by
West Valley Construction Company Inc. be accepted and that West Valley Construction
Company Inc. be declared the lowest responsible bidder. The bid is twenty percent above the
engineer’s estilnate of $2,050,000 which was based on construction costs for similar work in
CMR: 152:07 Page 2 of 4
previous projects. The reasons provided by contractors for the cost increase were significant
increases in material and labor costs and work load issues. The change order amount of
$246,000, which equals 10% percent of the total contract, is requested for related unforeseen
work, which may develop during the project.
The bid price exceeds the Engineer’s estimate, so as a cost minimization measure, staff intends
where possible to utilize the directional boring method in lieu of open trenching, which should
reduce the overall project cost. However, if this cost saving approach does not achieve the
expected level of savings, staff may need to return to Council with a BAO request to increase the
total budget for this undergrounding project prior to completing Phase II and Phase IV of this
project.
Staff confirmed with the Contractor’s State License Board that the selected contractor has an
active license on file. Staff checked references supplied by the contractor for previous work
performed and found no significant complaints.
Joint A,~’eement
To take advantage of the economics of joint use of trenches, the City, AT&T California and
Comcast Corporation executed an Amended Master Agreement in 1990 (originally a master
agq’eement between City and Pacific Bell executed in 1975 and amended in 1986) for participation
in joint underground construction projects. This agreement is primarily a cost sharing agreement for
undergrounding overhead lines.
The Amended Master Agreement, now over seventeen years old, limits the expenditures to $25,000
per project, an anaount that was a reasonable ceiling twenty years ago. Whenever the amount
involved in a project exceeds the $25,000 limit, then a Specific Snpplernentary Agreement is
required as in this case: 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
price~ 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 AT&T California and Comcast
Corporation on the basis of prices quoted and the terms agaeed upon in Exhibit "A" of the Specific
Supplementary Agreement. Due to the dated nature of the Aanended Master Agreement, a new
Master Agreement is being negotiated between City, AT&T and Comcast. This new Master
Agreement, once approved, will not require a supplementary agreement. Staff anticipates that the
new Master Agreement will be submitted to Council for approval in June 2007. In the interim, staff
recommends approval of the Specific Supplementary Aga’eement for the Underground Utility
District # 41.
Project Coordination
The work was coordinated with the Public Works Department at the monthly Utilities/Public
Works department coordination meetings by use of the GIS project coordination program. Since
the start of this project staff has been in frequent communication with the property owners
directly affected by this project via letters and neighborhood meetings. Additional details of
CMR: 152:07 Page 3 of 4
Phase I construction perfomled under this contract will be communicated to the neighborhoods
and other affected project stakeholders in advance of the construction, and every effort will be
made to minimize inconvenience to customers.
RESOURCE IMPACT
Funds for this project are included in the FY 2005-2006 Electric Capital Improvement Program
Budget EL-03001. Based on the low bid, the estimated costs for the City, AT&T and Comcast
are $1,451,256, $462,023 and $548,802 respectively.
POLICY IMPLICATIONS
This project supports CPAU Key Strategy number 7 hnplelnent programs that improve the
quality of the environment and Supporting Objective number 2Invest in utility infrastructure to
deliver reliable service.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA)
under Article 19. Section 15302(d).
ATTACHMENTS
A: Contract
B: Bid Smnmary
C: Certificate of Non-Discrimination
D: Specific Agreement for Joint.Participation Installation of Underground Facilities System
E: Project Boundary Map
PREPARED BY:PATRICK E. VALATH
Senior Electric Project Engineer
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
VALF~IE (~._.~F~_ 0NG
Direct6r of Utilities
Assistant City Manager
CMR:152:07 Page 4 of 4
CONTRACT No. C07119339A
(Public works)
Utilities Department
This Contract, number C07119339A dated is entered into by and between the City of Palo Alto, a
California Charter City and a municipal corporation of the State of California ("City"), and West Valley Construction, Inc.
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 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 of Project:Underground District No. 41 Substructure Installation
Invitation for Bids (IFB) No. 119339A
Bid:$ 2,462,081.00
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.
a.This Contract.
b.Invitation for Bid.
c.Project Specifications.
d.Drawings.
e.Change Orders.
f.Bid.
g.Supplementary Conditions.
h.General Conditions.
I.j.
k.
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Surety Bond, Labor & Materials (Payment) Surety Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
City of Palo Alto Dept. of Public Works 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 City of Palo Alto Dept. of Public Works 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
CITY OF PALO ALTO IFB 119339A
rev. 12/00
PAGE 1 OF 7
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 16 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 underthis 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.
No Exoneration By InspectiOn: The City has the dght, but not the duty, to inspect Contractor’s Work. The dght of
inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a satisfactory
manner in compliance with Contract requirements. The presence of a City inspector does not shift that obligation
to the City or relieve Contractor from its obligations to complete the Work in a satisfactory manner in compliance
with the Contract requirements.
10.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 bid security 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 in employment and hazardous materials.
11.Bid Security 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 Bid Security as required under
the Invitation For Bid.
CITY OF PALO ALTO IFB 119339A
rev. 12/oo
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12.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;
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 req uired;
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 Corn pletion, 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.
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;
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 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 fumish 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.
13.Assi.qnment. 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.
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 law1 and shall be described in sufficient detail to give adequate notice of the substance of the claim
to City.
15.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 dght to audit Contractor’s Project-related and
CITY OF PALO ALTO IFB 119339A
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PAGE 3 OF 7
Work-related writings and business records, as such terms are defined in Califomia 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.
16.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 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
Copy to:City of Palo Alto
Dept - Utitlies
Division - Engineenng
Address- 1003 Elwell Court
Palo Alto. CA 94303
Patrick Valath Project Manager
To Contractor:West Valley Construction, Inc.
P.O. Box 5639
San Jose, CA 95150
Attn: Jeff Boss
17.Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the
Charter of the City of Palo Alto. Any charges hereunder for labor, serv=ces, 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 17
shall control in the event of a conflict with any other provision of this Contract.
18.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 City of Palo Alto Dept. of Public
Works 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
CITY OF PALO ALTO IFB 119339A
rev. 12/00
PAGE 4 OF 7
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 deemed to be part of 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.
mo
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 beneft 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.
Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising out
of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose,
California. The intent ofthe parties is that the mediation shall proceed in advance of litigation; however,
if any party should commence litigation before the conclusion of mediation, such litigation, including
discovery, shall be stayed pending completion of mediation, and by executing this Contract the parties
stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule 1.15 or Rule 2-
3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of California, as such
rules may be amended from time to time. The parties shall share the cost of the mediation, including
the mediator’s fee, equally. Any written agreement reached in mediation shall be enforceable pursuant
to California Code of Civil Procedure § 664.6, as amended.
Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose, California.
In the event that litigation is commenced by any party hereunder, the parties agree that such action
shall be vested exclusively in the state courts of California in the County of Santa Clara or in the United
States District Court for the Northern District of California.
CITY OF PALO ALTO IFB 119339A
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Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure
§ 664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable
costs, including attorney’s fees, incurred subsequent to conclusion of the mediation.
Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute
Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase agreements
which it enters into in connection with this Contract, and to require its subcontractors to include those
provisions in any sub-contracts or major material purchase agreements, such that any mediation or
litigation of any claim or dispute asserted by a subcontractor or major material supplier will be
consolidated with any related claim or dispute between the Contractor and the City. Should the
Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor or
material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract,
Contractor shall indemnify City for City’s costs of defense, including reasonable attomey’s fees.
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.
APPROVED AS TO FORM:C ITY OF PALO ALTO
Senior Assistant City Attorney Assistant City Manager
APPROVED:CONTRACTOR: West Valley Construction, Inc.
Director of Administrative Services
By:
Name:
Title:
Director of Utilities By:
Name:
Title:
(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)
CITY OF PALO ALTO IFB 119339A
rev. 12/00
PAGE 6 OF 7
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code } 1189)
STATE OF
COUNTY OF
On , before me,a
notary public in and for said County, personally appeared ,
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 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.
Signature (Seal)
CITY OF PALO ALTO IFB 119339A
rev. 12100
PAGE 7 OF 7
CERTIFICATION OF NONDISCRIMINATION FORM 410
PROJECT: Underground District 41
Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto in excess
of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in the performance of
this contract they will not discriminate in employment of any person because of race, skin color, gender, age,
religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person; and further certify that they are in compliance with all Federal, State and local
directives and executive orders regarding nondiscrimination in employment.
CITY OF PALO ALTO IFB 119339A PAGE 1 OF 1
SPECIFIC AGREEMENT FOR JOINT PARTICIPATION
INSTALLATION OF UNDERGROUND FACILITIES SYSTEM
UNDERGROUND UTILITY DISTRICT NO. 41
THIS SPECIFIC AGREEMENT FOR JOINT PARTICIPATION
("Agreement"), made and entered into this day of ,
2006, by and among PACIFIC BELL TELEPHONE AT&T, a California
corporation, doing business as AT&T CALIFORNIA (~AT&T"), COMCAST
CORPORATION OF CALIFORNIA IX, a Pennsylvania corporation
("COMCAST"), and the CITY OF PALO ALTO, a California charter city~
("CITY"):
WI TNES S E T H:
WHEREAS, CITY, COMCAST and AT&T 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)" ("Amended Master Agreement"), which
agreement provides for joi~t 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 Underground
Utility District No. 41 ("Project") authorized by City of Palo Alto
Ordinance No. 4882, adopted October 25, 2005, which has been formed
in accordance with Chapter 12.16 of the Palo Alto Municipal Code;
and
WHEREAS, CITY will act as the Trenching Agent, as
required, by Section 2(a) of the Amended Master Agreement, in
accordance with all bidding requirements established by Chapter
2.30 of the Palo Alto Municipal Code, and COMCAST and AT&T desire
to have installed in the open trenches certain of their own
underground facilities the share of which installation costs will
exceed Sixty-Five Thousand Dollars ($65,000); and
WHEREAS, COMCAST is the successor in interest to Cable
Communications Cooperative of Palo Alto, Inc., a signatory to the
Amended Master Agreement; and
WHEREAS, A~&T declares that its obligations pertaining to
the replacement of its aerial facilities with underground
facilities are governed by Rule 32.A.I of AT&T’s (formerly SBC’s)
060928 syn 0072763
tariff (Schedule Cal. P.U.C. No. A2) ("Tariff") that is on file
with the California Public Utilities Commission;
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I. For the purposes of this Agreement and the
Amended Master Agreement, the following definitions shall apply:
(a) "Trench" and "Trenching" include, but are not
limited to, excavating, backfilling, compacting, and, as necessary,
breaking and replacing pavement, sidewalks, driveways, curbs and
gutters, and restoring all other surface features disturbed by
underground construction, including landscaping.
(b) "System" and "Underground Facilities" include, but
are not limited to, conduits, splice boxes, hand holes, manholes,
service boxes and related equipment" owned by~ the Parties.
(c) "Party" refers to "AT&T," "COMCAST" or "CITY" and
"Parties" refers to "AT&T," "COMCAST" and "CITY."
SECTION 2. The Parties acknowledge that, in accordance
with Section 2.30.250 of the Palo Alto Municipal Code, CITY will
require the approval of CITY’s Council whenever CITY’s share of
costs will exceed Two Hundred Fifty Thousand Dollars ($250,000),
which threshold was established at Twenty-Five Thousand Dollars
($25,000) when the Amended Master Agreement was executed by the
Parties.
SECTION 3. 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, COMCAST and AT&T in
connection with the Project. The extent and location of such
facilities shall be agreed upon, in writing, by the authorized
representatives of the Parties hereto prior to such installation.
AT&T and COMCAST 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" (CITY’s bid
plans and specifications and Bidder’s bid for the Project),
Colorado Avenue/Middlefield Road/Oregon Expressway/Cowper Street
Project, Utility Trench and Substructure (U.U.D. No. 41), attached
hereto and by this reference incorporated herein.
SECTION 4. This separate agreement is contemplated by
Section 2(c) 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,"
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~.
060928 s)m 0072763
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed on the date first above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
PACIFIC BELL TELEPHONE COMPANY,
DBA AT&T CALIFORNIA
Title:
Assistant City Manager COMCAST CORPORATION
IX, INC.
OF
Director of Administrative
Services
Director of Utilities
By:
Title:
Signatures must be notarized
060928 syn 0072763
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
On ~0~..~ ~, 2006, before me,
a Notary Pub~q~and for said~ County and State, personally
appeared " ¯-~ ~~, of PACIFIC BELL
TELEPHONE COMPANY dba AT&T CALIFORNIA, personally known to me or
proved to me on the basis of satisfactory ewidence 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 authorized capacity(ice), 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 of Public
060928 syn 0072763
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
) SS.
On 0 .~_~ ~/) ’ 2006, before me,
a Notary Public in and for said County and -State, per{onally
appeared ~-~.9~ ,~m ~<~_a~ , of COMCAST CORPORATION
OF CALIFORNIA IX, INC., personally known to me (or p~oved to me__Q~
t~n~--~Dasis of satisfac+~rY~ to be the person(s~ whose
name(~ is/a~-e subscribed to the within instrument and acknowledged
to me that he!~ executed the same in his~ir
authorized capacity(~s~F, and that by his/be~r signature,s@ on
the instrument the person(~9~, or the entity upon behalf of which
the person(~ acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~tary Pulglic
060928 ~!n 0072763
EXHIBIT ~’A"
COLORADO AVENUE/MIDDLEFIELD ROAD/OREGON EXPRESSWAY/
COWPER STREET
UNDERGROUND CONVERSION PROJECT
UTILITY AND TRENCH SUBSTRUCTURE
TERMS OF AGREEMENT
Ao CONSTRUCTION CONTRACT awarded by
incorporated by reference (See
breakdown of cost estimate).
o
o
°
the Council is hereby
attached bid items for
All bid items dedicated to CITY’s sole benefit and use
shall be charged 100% to the CITY.
°
All bid items dedicated to AT&T’s sole. benefit and use
shall be charged. 100% to AT&T.
All-biditems dedicated to COMCAST’s sole benefit and use
shall be charged 100% to COMCAST.
All joint trench bid item costs incurred for the
collective benefit of the Parties 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 costs
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.
CITY shall require its construction contractor to provide
a two-year warranty on materials p~ovided and work
performed from the date of acceptance of the Project by
CITY.
CITY shall abide by the Tariff with respect to obtaining
the~necessary permits and licenses. In the event of a
conflict between the terms of this Agreement or the
Amended Master Agreement and the terms of the Tariff, the
terms of the Tariff shall govern.
060928 syn 0072218
So BID PACKAGE AND CONTRACT ADMINISTRATION
Fifteen percent (15%) of each of COMCAST’s and AT&T’s
share of the actual costs of construction shall be added,
respectively, for engineering, Project’s plans and
specifications, and contract administration by the
Trenching Agent, including the costs of inspections
performed by the Trenching Agent.
060928 syn 007221g
24251
.2435 I
2451 ]
2465 I
24791
24951
~OREGON EXPRESSWAY
2676
2680
APPROVED 15 Mar 2005
Patrick Valath
SR. ENGINEER / MANAGER
PDD |
PEV |
2700
2710
2720
SAP 4000 2540
Underground District No. 41
Boundary Map
,,,~\1/’~,,City. of Palo Alto
~#California
UTILITIES, ELECTRIC ENGINEERING
RL~, I oA’rE APPR, I DESCRIPTION
MAP#i CKT#SCALE W.O.#/DRAWING#
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