Loading...
HomeMy WebLinkAboutStaff Report 173-07City of Palo Alto City Manage Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT :UTILITIES APRIL 3, 2007 CMR:173:07 APPROVAL OF AMENDMENT NUMBER 1 TO ADD $14,484 TO THE CONTRACT WITH OSMOSE UTILITIES SERVICES, INC. FOR ADDITIONAL INSPECTION, TESTING, MAINTENANCE AND REINFORCING OF WOOD POWER POLES, FOR A TOTAL CONTRACT AMOUNT OF $92,871 RECOMMENDATION Staff recomlnends that Council approve Amendment No. 1 to Contract No. S06115668 between the City of Palo Alto and Osmose Utilities Services, Inc. for the inspection, testing, and reinforcing of wood power poles, and authorize the City Manager or his designee to execnte the Amendment No. 1 contract and increase the Colnpensation anaount by $14,484 for a total of $92,871. DISCUSSION The City of Palo Alto Utilities Departlnent schedules inspection and testing of approximately 10% of its wood pole infrastructure every year, Once the inspection and testing of poles have been completed, a number of poles are reinforced and more seriously deteriorated poles are replaced. Dollar anaounts can vary fi’om year-to-year based on the nulnber of poles needing steel reinforcement or replacement. Staff assumed that approximately 10% of the poles would be eligible for steel reinforcement based on prior experience. On May 22, 2006, the City of Palo Alto entered into an agreement with Osmose Utilities Services, Inc. for the inspection, testing and reinforcing of wood power poles. The maximum compensation amount for the contract was $78,387. The inspection and testing of approximately 700 poles under this contract was completed in July 2006. At that time, approximately $35,000 of the contract had been spent. Of the poles inspected, eleven were identified as eligible for steel reinforcement. The cost to reinforce the poles with steel is approximately $500 each. The City and Osmose agreed that the inspection would continue until the cost of the number of poles inspected ptus those needing reinforcement reached the contract dollar limit. CMR: 173:07 Page 1 of 3 The inspection and testing of an additional approximately 700 wood power poles was completed in August 2006. At that time, $60,609 had been spent for Osmose to inspect and test a total of approximately 1,400 wood poles. The reinforcement of the poles was completed in December 2006. The total anaount gpent on the contract was $77,746. After the completion of the pole reinforcements, in December of 2006 Osmose contacted the City of Palo Alto. Osmose notified the City that an internal audit had discovered that certain line items had been left off of past invoices, and that the City was under-billed by $15,125. Since the total maximum compensation of the contract was set at $78,387, an amendment to the contract for an additional $14,484 would be needed to pay for the selwices provided. As a result of competitive bid processes, the City of Palo Alto Utilities has contracted its pole inspection and testing services to Osmose for over ten years. During that time, Osmose has inspected and tested every wood pole owned by the City of Palo Alto Utilities. It has consistently performed outstanding work for the Utilities Department. Osmose is aware that it is at fault for the incon’ect billing, and that the City of Palo Alto is not obligated to pay. Staff verified that the services which the City was billed for $15,125 were performed and is recommending that Osmose be paid the $15,125 based on past perfomaance and the necessity of the service provided. The City will off-set the additional $15,125 expenditure by reducing the number of poles inspected during the second year of the contract with Osmose. This will not impact the overall schedule for pole inspection because the additional poles inspected in 2006 actually had the effect of accelerating the pole testing schedule. Due to the nature of the on-going maintenance requirements of the wood poles and the working relationship the City of Palo Alto has experienced with Osmose, staff recommends an amendment to the contract to pay the outstanding invoice amount of $15~125. In addition, staff has discussed accountability for future billing errors with Osmose, and Osmose understands the need for accurate billing and records and has committed to ensuring such invoice errors will not occur in the future. RESOURCE IMPACT Funds for this contract amendment are available in the Electric Fnnd Capital hnprovement Program Budget. POLICY IMPLICATIONS Approval of Amendment No. 1 does not represent a change to existing City policies. ENVIRONMENTAL REVIEW This is not a project for California Environmental Quality Act (CEQA) purposes. CMR: 173:07 Page 2 of 3 ATTACHMENTS A: Contract B" Amendment PREPARED BY:JIM THOMPSON Senior Electric Project Engineer DEPARTMENT HEAD: CITY MANAGER APPROVAL: VALERII~!0..~)NG Director of Utilities EMILY HARRISON/ Assistant City Manag~ CMR: 173:07 Page 3 of 3 ATTACHMENT A CONTtC~CT FOR NON-PROFESSIONAL SERVICES City 6f’Palo Alto Contract no. S06115668 GENEIL~kL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the 22nd clay of May, 2006, by and between the CITY OF PALO ALTO (" CITY"), and: (Name)Os~nose Utilities Services, Inc, (Address) 55 Jefferson Parkway, Suite B. (City) Newnan (State) GA (Zip) 30263-5813 (Phone) 770-251-7400 ("CONTRACTOR"). In consideration of their mnmal covenants, the parties hereto agree as follows: SERVICES. CONTRACTOR shall provide or furnish the services ("Services") described in the Scope of Services, attached as Exhibit A. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: ~A" Schedule of Performance and Fees ,~ "B"- Insurance Requirements ~"C"- Non-Discrimination Compliance Form CONTRACT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE ATTACHED I’ERM. (a) The term of this Agreement is from May 22~ 2006 to May 21~ 2007, inclusive, subject to the provisions of subsection 3.(b) and Section Q of the General Terms and Conditions. (b),J~Option to extend. CITY has the right to extend the term of this Agree~nent for two (2) additional one year periods (the "’Additional Terms"), based upon the same conditions of the initial term, snbject to adjustments for compensation as set forth in Section E of the General Terms and Conditions. CITY shall notify CONTRACTOR in writing of its exercise of its option for an Additional Term not less than thirty (30) days prior to the end of the then current tenn. cITY’s exercise of its right to extend the term of this Agreement is not a waiver of the "time is of the essence" provision in Section 4. SCHEDULE OF PERFOP~M,~NCE. CONTRACTOR shall complete the Services within the term of this Agreement m a reasonably prompt and timely mamaer based upon the circumstances and direction communicated to CONTIL~kCTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached as Exhibit A. Time is of the essence in this Agreement. 050809 sm 01013304 CONTRACT FOR NON-PROFESSIONAL SERVICES COMPENSATION. CITY shall pay and CONTRACTOR agrees to accept as not to exceed compensatmn for the gull performance of the Services and reimbursable expenses, if any: I-"The total maximum lump sum compensation of dollars ($); OR V"The (~ sum of ) per hour, not to exceed a total maximum ($); OR dollars compensation amount of dollars A sum calculated in accordance with the gee schedule set forth in Exhibit A,; not to exceed a total maximum compensation amount of Seventy Eight Thousand Three Hundred Eighty Six Dollars and 60/00, ($78~386.60) per year. CONTRACTOR agrees thai it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. The City has set aside the sum of dollars ($ ~ for Additional Services. CONT!~X.CTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall sub~rdt a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Pa3anent for Additional Services is snbject to all requirements and restrictions in this Agreement. INVOICING. Send all invoices to the CITY, Attention: Project Manager. The Project Manager is: Ji~n Thompson, DepE: Utilities Department, Engineenng Division: 650-566-4538, Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during ~he invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. 050809 sm 0100394 2 CONTRACT FOR NON-PROFESSIONAL SERVICES GENERAL TERaMS AND CONDITIONS A.ACCEPT.4aNCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections I ttu’ough 6 above, these general terms and conditions and the attached exhibits. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled "SERVICES," and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, ~knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this. Agreement, CONT1L4CTOR and any person employed by CONTt~4.CTOR shal! at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to pertbnn any Services nnder this Agreement unless CONTI~-\CTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to .subcontractors. COMPENSATION DUI~NG ADDITIONAL TERMS. CONTRACTOR’s compensation rates may be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in Exhibit A attched, may be increased by an amonnt not to exceed the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the corrunencement of the applicable Additional Term, which shall be compared with the CP[ published most immediately preceding the conmaencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s cotnpensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Ally adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. TAXES AND CHARGES, CONT1L4.CTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in cmmection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CI’FY occurring in connection with CONTRACTOR’s pertbrmance of the Services. CITY shall submit written documentation in support of snch withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. 050809 sm0100394 CONTRACT FOR NON-PROFESSIONAL SERVICES WARRANTIES. CONTRACTOR expressly wan-ants that all services provided under this Agreement shall be peril)treed in a professional and workananlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTI~.CTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular put-pose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service uot in compliance with these warranties, including incomplete; inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of ___ from completion of the Services and shall survive the completion of the Services or termination of this Agreement. I.MONITORING OF SERVICES. CITY may monitor dae Services pertbrmed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory maturer and complies with the provisions of this Agreement. CITY’S PROPERTY. Any reports, infom~ation, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use aud will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior wa’itten approval of the City Manager. AUDITS, CONTI~CTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time dnring the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTP,.4CTOR agrees to maintain accurate books and records in accordance with generally accepted accounting prmciples for at least three (3) following the terms of this Agreement. L.NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any o f its rights nnder this Agremnent. INSUI~4.NCE. CONTRACTOR, at its sole cost, shall purchase and maintain in fi~ll tbrce during the term of this Agreement, the insurance coverage described h~ Exhibit D. Insurance must be provided by companies with a Best’s Key rating of A-:VII or higher and which are otherwise acceptable to the Ctiy’s Risk Manager. The City’s Risk Manager must approve dednctibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially rednced in coverage or li,nits nntil after providing 30 days prior written notice of the cancellation or modification to the City’s Risk Manager. CONTR.a~CTOR shall provide certificates of such policies or oth, er evidence of coverage satisfactory to CITY’s Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the terrn of this Agreement provide current certificates evidencing the reqnired insurance coverages and endorsements to the CITY’s Risk Manager. CONTRACTOR shall inclnde all subcontractors as iusured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to inderrmify CITY under this Agreement. N. HOLD HAI-~MLESS. To the fl~llest extent permitted by law and without limitation by the provisions of section F. relating to insurance, CONTtLkCTOR shall indermtify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, 050809 sm 0 t 0039"a 4 CONTRACT FOR NON-PROFESSIONAL SERVICES Qo fines and judgments, associated investigation and adlninistrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs o[ alternative dispute resolution), , arising out of, or resulting in any way from or in connection with the perforrnance of this Agreement. The CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability ~s caused or contributed to by any negligent (passive or active) act or omission of CITY, except that th( CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willfnl misconduct Of the CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section surwve the completion of the Services or termination of this Contract. NON-DISCRIMINATION. In the performance of this Contract, CONTRACTOR shall not discriminate against any employee or applicant for employment 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. CONT1L~CTOR agrees to meet all requirements of Palo Alto Municipal Code, Chapter 2.30 pertaining to nondiscrimination in employment, inchiding completing ~he Non-Discrimination Compliance Form, attached hereto as Exhibit D, and incorporated herein by this reference. WORKERS’ COI~,IPENSATION. CONSULTANT, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of Cali[brnia which require every employer to be insured against liability fi3r workers’ compensation or to undertake self-insurance ~n accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. TERMINATION. The City Manager may terminate this Agreement without cause b.y giviug ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination~ CONTRACTOR shall immediately discontinue performance. CITY, CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination if for cause, CITY may deduct From such payment the amount of actual damage, if any, sustained by CITY due to Contractor’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall .inmrediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTrC4CTOR or given to CONTI~,kCTOR, m connection w~th this Agreement. Such materials shall become the property of CITY ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of the CITY. No amendments, changes or variations of any kind are authorized without the written consent of the CITY. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Contract. CONTIL,kCTOR further covenants that, in the performance of this Contract, it will not employ any person having such an interest. CONTRACTOR certifies that no City Officer, employee, or authorized representative has any financial interest in the business o1" CONTRACTOR and that no person associated with contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Contract. CONTRACTOR agrees to advise CITY if any conflict arises. GOVERNING LAW. This contract shall be governed and interpreted by the laws o[" the state of California_ 050809sm0100394 CONTRACT FOR NON-PROFESSIONAL SERVICES ENTIRE AGREEMENT, This Agreemer~t, including all exhibits, represents the entire agreement between tile parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect tile validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the eventthat funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in fl~e event that funds are only appropriated for a portion of the fiscal year and funds for this Conlract are no longer available. This Section shall take precedence in ll~e event of a conflict with any other covenant, term, condition, or provision of tills Contract. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE. APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Director of Ad~ Services CITY OF PALO A~TO f:7’;> ’.d~ / ( If X(. / ., , . i CL-~ .c ......~ ...... Assi~’[fi-~" City Manager Osln0 se(~til?s Title: Vice President-Contracts (If corporation: President or Vice-President) Name: Donnie Lander Title: St. Vice President Contracts & Operations (If corporation: Secretary or Treasurer) Taxpayer Identification No. 35-2175310 (Compliance with Corp. Code § 313 is required if the enmy on whose behalf this contract is signed is a cmporation. In the alternative, a certified corporale resolution attesting 1o the signatory authori{y of the individuals signing in their respective capacities is acceptable) 050809 sm 010(1394 6 EXHIBIT A PART II - BIDDER’S BID PAGES C~ty Council/City Manager City of Palo AIIo PaloAIto California SECTION III Name oi: Company Osmose Utilities ServicesL In_~c~_.__ In response to this Invitahon For Bid (IFB), the undersigned, as Bidder, declares lhat the only persons or parties ~nlerested in Ibis Bid as principals are those named herein; that this Bid is made without collusion with any other person firm or corporalion; thai the Bidder has carefully examined lhe Iocalion oroposed work and Ihe plans and specificalions herein referred to; and the Bidder proposes and agrees, ~f Ibis Bid ~s accepted, that the Bidder will conlract with the Cily of Pato Alto (City), to provide all necessary materials, eauipr’nenl, lools, apparalus, and other means of Iransport services, and Io do all lhe work and turn sh all Ihe soecified requ~remenls in Ihis IFB, in Ihe manner herein prescribed and al the prices staled in Ihe tollowmg Bid: Project Tille Inspection, Testing, Preservative Trealment and Reinforcing/Stubbir~g of Wood Power Poles, Request for Quote (RFQ) Number 115668 A. Base Bid: BID APPROX. ITEM QTY, O01 700 002 600 003 600 004 200 Work of inspeclion and the sounding and the testing and Ihe treatment and the reinforcement o1" wood power poles in accordance with Part III, General Requirements an(] specifications, herein: UNIT Each Each Each DESCRIPTION, WITI4 UNIT PRI~E IN WORDS (PRICE IS INCLUSIVE OF ALL APPLICABLE TAXES) Labor, equipmenL maleiiaJ, and Ir~nsporl’alior~ f~’r the above ground visual inspection of wood power poles. (Unit Price in words: Four and 50/100 Labor, equipment, material, and [ran-sportation for [he sounding and boring of wood power poles, (Unit Price in words: Seven and 78/100 Labor, equipment, material, and Iransportation for Ihe partial excavation and inspection of wood power poleS. (Unil Price in words: Thirteen and 88/100 Each Labor, equipmenl, malerial, and transportation for Ihe full excavation and inspection of wood power 9o~es. (Unit Price in words: Thirty-four and 33/100 UNFF PRICE $ 4.50 7.78 $ 13.88 $ 34.33 TOTALITEM PRICE $3,150.00 4,668.00 $ 8,328.00 $ 6,866.00 CITY OF PALO ALTO RFQ 115668 PAGE 1 OF 5 PART II- BIDDER’S BID PAGES SECTION II BID I APPROX.UNIT " DESCRIPTION, WITH UNIT PRICE IN WORDS UNIT ITEM !QrY.(PRICE IS INCt.USI\/E OF ALL APPLICABLE TAXES)PRICE 0---~-400 Each Labor, equipment, materi~l, and~transportation for $ Ihe partial external groundline treatment of wood 1.06power poles (Unit Price in words: One and 06/100 ) 006 200 Each Labor, equipmenL malerial, and I.ranspor~alion ~’or 4.25the full external groundline treatment o~wood power poles (Uni[ Price in words: Four and 25/100 ) 007 600 Each Labor, equipmenl, malerial, and Iransporla~.ion lor $ the fumigant treatment o1" wood power poles 23,25 (Unil Price in words: Twenty-three and 25/100 ) 008 50 ~ Each Labor, equipmenL ma/erial, and Iransportalion Io for $ Ihe internal void treatment of wood power poles. 21.00 (Unk Price in words: Twenty-one and 00/100 ) MISCELLANEOUS AND OPTIONAL WORK WHICH MAY BE REQUIRED BUT IS NOT GUARANTEED. THE BID PRICE QUOTED WILL BE USED IN EVALUATING THE LOWEST RESPONSIBLE BID (BID ITEMS 009- 016) 009 10 Eacl~ Labor, equipmenl, malerial, and transpodalion Ior $ the rein[orcement ol" class 3, 40-foo{ wood power 476,93poles using the steel l.russ metllod. (Unil Price in words: Four hundred seve[y six and ,~ ~/_1.J10.) 010 10 Each Labor, equipmenl, material, and lransportalion for $ the rein[orcemen~ of class 3,454oo1. wood power poles using the s(eel truss rnelhod.476.93 (Uni~ Price in words: Four hundred sevety six and 93/100 ) CITY OF PALO ALTO RFQ 115668 PAGE 2 OF 5 TOTAL ITEIvl PRICE $ 424.00 850.00 $ 13,950,00 $ 1,050.00 4,769.30 $ 4,769.30 PART II -BIDDER’S BIDPAGES SECTION 111 BID APPRO,X.UNIT " ’DESCRIPTION, WITH UNIT PRICE IN WORDS UNIT ITEM QTY.(PRICE IS INCLUSIVE OF ALL APPLICABLE TAXES)PRICE 011 !0 Each Labor, equipd~enl, material, and Iranspodal[on for $ the reinforcemenl of class 3, 50-f0ot wood pov.,yer 564.41poles using Ihe steel Iruss method, (Unit Price in words:Five hundred-sixty four and 41/100 ) 012 10 Each Labor, equipmenl, material, and transportation for $ the reinforcement of class 4, 50-foot wood power poles using the steel Iruss method.476.93 (Unit Price in words: Four hundred sevety six and 93/100 ) 0-13 10 Each Labor, equipmenl, malerial, and transportation for $ the reinforcement of class 5, 35-foot wood power 407.34poles using the sleel truss melhod. (Unit Price in words:Four hundred and seven and 34/100 ) 014 10 Each Labor, equipmer~t, material, and transportatior~ for $ the reinforcerne’,~t of class 5, 40-foot wood power poles using the steel truss melhod.450.14 (Uni( Price in words: Four hundred fifty 015 10 Each Labor, equipment, malerial, and transportation for I $ the reinforcement of class 5, 45-foot wood power poles using the steel truss method,450.14 (Unit Price in words: Four hundred fifty 016 10 Each Labor, equipment, material, and transporlation for $ the reinforcement of class 2, 55-foot wood power 607.24poles using the steel truss method. (Unit Price in words: Six hundred and seven and 24/100 ......... ~ $ Base Bid Grand Total (items 001 through 016, with all applicable taxes included). (Tolal Price in words: Seventy eight thousand, three hundred and @ty six and 60/100 ) IOTAL ITEM PRICE 5,644.10 4,769:30 $ 4,073.40 $ 4,501,40 $ 4,501.40 6,072.40 78,386.60 CITY OF PALO ALTO RFQ 115668 PAGE 3 OF 5 PART II -BIDDER’S BID PAGES SECTION III Lowest Responsible Bidder The Iowesl bid shall be Ihe lowest Iotai of the base bid grand Iolal prices on the base conh’act. Bid Bond Requirement (Not Irequired for Bids with a Base Bid Grand Total amount of less than $25,000) Bidders shall submit a Bid Bond in the amount of not less than len percent (10%) of lhe Base Bid Grand Tolal. The Bid Bond shall be in the form of cash, a certificate of deposit, a certified check or draft, a cashier’s check 0r draft, drawn on a bank or credit union charlered in the United States of America, and issued or drawn in favor of, and payable to the "Oily of Pale Alto", or a surely bond in favor of the "City of Pal() Alto". City will not accept Personal or company check as a form of Bid Bond. Bid Bond (Bidder shall enter the amount of Bond subrnittedlenclosed) Enclosed is $ 783.87 or 10% (Bid Bond amount of not less Ihan 10% of the Base Bid Grand Total) which is given as security to assure the undersigned will enler inlo Ihe contract for performance o[ the work as is specified herein, if awarded. Note: The Bid Bonds of Bidders who do nol qualify as Ihe Lowesl Responsible Bidder shall be returned Io such Bidders upon Ihe execution of the conlract by City and the successful Bidder. InsLirance The Bidder shall beaF all costs and provide insurance as required by Part II, Section 650, Insurance Requirements, herein. Project Schedule Ti~T~e is of lhe essence. The selected Bidder shall begin work hereur)der v¢ithin seven calendar days City’s Notice to Proceed. Performance, and Payment (Labor and Material) Bonds The selected Bidder shall furnish City a Performance Bond, and Payment (Labor and Materials) Bond. Both bonds shall be in the amount of 100% of lhe contract price, and in accordance with requiremenls conlained in Pad II, Seclion 610, Performance Bond, and in Section 620, Payment (Labor & Materials) Bond, of this IFB. Liquidated Damages Any delay by Contraclor to perform will interfere with the proper implementation or City’s programs to the loss and damage of Oily. As it would be impracticable to fix the actual damage City suffers in the event of any such failure Io perform, City and Conlraclor, therefore, presume that in the event of any such failure to i:,e~form, the amount of damage which shall be sustained by city will be the sum of $250.00 for each and every calendar day during which said work shall remain uncompleted beyond such time for completion or approved extension thereof. The City retains lhe right to deduct liquidated damages from progress payments to Ihe extent that the amount of said liquidated damages, based on Contractor’s failure ~o maintain schedule as determined by City, exceeds the Contract retention. In addition, the City may require a tripartite agreement among Ihe City, the Conlractor, and lhe Contractor’s surety as a condition to making full progress paymenls if lhe Work is behind schedule, in orcter to avoid exoneration of the bond or impairment of the surety’s security. Specifications The specifications or scope of work included have been prepared to describe the standard of quality, performance, and othercharaclerislics needed to meet City requirements. The City willacceptalternate proposals of a designaled malerial, product, thing, service, "or equal", and will determine if such alternate CITY OF PALe ALTO RFQ 115668 PAGE 4 OF 5 PART II- BIDDER’S BID PAGES SECTION III proposals are satis~’actory in meeting rnandatory requirements or specification, and if the proposed alternate meets the intenl of Ihe original mandatory requirement. Contractor’s License Requirements Subject to verificatior~ of good slanding, Bidder shall submil a copy of ils current conlractors license as issued by the State of California under Chapter 9 of Division III of the California Business and Profes, sions Code (Sections 7000 el sec£}. The copy of the license shall be atlached. The prime conh’aclor for this work shall possess a valid conlractor’s license in the following category: A.Class A (General Engineering) License Number:855333 Classffication:~A;_E)_1::’ and D,11Expiration Dale:_3]3J~.0.OZ.._ .... Signature(s) must be the same signalure(s) as appear(s) in Part II, Section 300A, Bidder lnformatior~, of ~l~e RFQ: Firn-Y Osmose UtiJ.k~s Servies, Inc. Name: --I~i~-~’~ a g I e Y" ~:~ _~// (Prinl or type name) Signalure / Name:Donnie Lander (Print or type rlame) CITY OF PALO ALTO RFQ 115668 PAGE 5 OF 5 AC_Q/P ,o CERTIFICATE PRODUCE~ (716) 505-2600 FAX (716)505-0375 First Niagara Risk Nanagement, Inc. 170 Northpointe Parkway PO Box 1010 Amherst,. NY 14226-7010 ~D 0smose ~ Services Inc. 980 Ellicott Street Buffalo, NY 14209-2323 EXHIBIT B OATE (M~,~/DOh’YYY)LIABILITY INSURANCE , o3/o3/20o THIS CFRTIFICATE IS ISSUED AS A MATTER OF INFORMAT’ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATF HOLDER, THIS CEERTIFICATE DOES NOT AMEND, FXTEND ORALTFR THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Arch Insurance Company INSURER B: INSURER C. INSURER D: INSURER E. NAIC # 11150 !, ; "/ COVE~_~_GES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A ~ C~iMS ~,AOE [] OCCUR I-~l POL LOCPRO" X ,~,’lY AUTO A --X HIRED AUTOS X NON-OV~NED AUTOS GARAGE LIABILITY ~A~IY AUTO X~ DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PR OPRIETOR/PAR[NE RIEXECUTIVEOFFICER/MEMBER EXCLUDED? If i~es. describeS ECIAL PROVISIONS below OTHER POLICY NUMBER 31GPP4928200 31CAB4928300 31ULPO537000 31WCI4928500 POLICY EFFECTIVEDATE IMMIOOh’YI01/01/2006 01/01/2006 0i/01/2006 01101/2006 POLICY EXPIR~ TIONDATE tM M/DDiY~I01/01/2007 01/01/2007 01/01/2007 01/01/2007 LIMITS EACH OCCURRENCE $ DAMAGE TO RENTED MED EXP (Any one person} PERSONAL & AOV INJURY $ GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT .(Ea acclden() BODILY INJURY $(Pe, person) BODILY INJURY $fPer acddenl) PROPERTY DAMAGE SiPer accJde~l) .AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AU]~O ONLY:AGG ~’%CH CCCURRENCE $ AGGREGATE ¥ I ’V~CSTATU- I IOTH- E L. EACH ACCIDENT E.L DISEASE - EA EMPLOYEE E L DISEASE - POLICY LIMIT $ 2,000,001 50,001 5,00( 2,000,00( 4,000,00( 4,000,00( 2,000,00C 5,000,000 5,000,000 i,ooo,ooc 1,000,OOC I,O00,OOC DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEI4ENT I SPECIAL PROVISIONSFhe City of Palo Alto, its council members, officers, agents and employees are additional insureds )n a primary basis per contract obligations of the insured and only as to the liability accepted by Lhe insured pep said contract obligations. CERTIFICATE HOLDER City of nalo Alto 250 Hamilton Avenue Palo Alto CA 94301 ACORD 25 (2001/08 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIOED POLICIES BE CANCELLED BEFORE THE EXPIRATIC N DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF’F, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AU THORIZEO REPRESENTATIVE I Gerard Wenzke!JELLCO ©ACORD CORPORATION i988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed. A statement on tn~s certlllca[e does not confer rights to the certificate holder in lieu of such endorsement(s) ,f SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain Policies may require an endorsemenL A statement on lhis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse s~de of this form does not constitute a contract between the issuing insurer(s), authorized representahve or producer, and [he certificate I~older. nor does t affirmatively or negatively amend extend or alter lhe coverage afforded by the policies hsted tlqereon. ACORD 25 [2001/08) CERTIFICATION OF NONDISCRIMINATION EXHIBIT O Certification of Nondiscrimination: As suppliers oi" goods and/or services to Ihe City of Palo Alto in excess of $5,000, the l:irm, contractor or individual(s) listed below certifl] that: they do not and in lhe performance of this contracl they will not discriminate in employrnenl of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marilal status, l’amilial status, weight or height o1’ such person; and further certify that they are in compliance with all Federal, State and local direc[ives and executive orders regarding nondiscrimination in employment. Firm: Osmose Utilities Services, Inc.DATE: Title oi Officer Signing: ![);avid R. Hagley, .~Vice President-Contracts .{,/ /.?..~ ,~// "/" May 18, 2006 CITY OF PALO ALTO: CERTIFICATION OF NONDISCRIMINATION ATTACHMENT B AMENDMENT NO. ONE TO AGREEMENT NO.S06115668 BETWEEN THE CITY OF PALO ALTO AND OSMOSE UTILITIES SERVICES INC. This Amendment No. One to Agreement No. S06115668 ("Agreement") is entered into April 3, 2007, by and between the CITY OF PALO ALTO (~CITY"), and OSMOSE UTILITIES SERVICES INC., a Delaware Corporation, located at 215 Greencastle, Tyrone, GA ("CONTRACTOR"). RECITALS: WHEREAS, the Agreement was entered into between the parti.es for the provision of inspection, testing, preservative treatment and reinforcing wood power poles; and WHEREAS, the parties wlsh to amend the Agreement; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION I. The section entitled ~TERMS" is hereby amended to read as follows: 070314 9000050 1 Amend.agt Rev. July 31,1998 "TERMS. The services and/or materials furnished under this Agreement shall commence on June 8, 2006 and shall be completed before May 21, 2007." SECTION 2. The section entitled "COMPENSATION" is hereby amended, to read as follows: COMPENSATION for the full performance of this Agreement: CITY shall pay ~CONTRACTOR": Ninety Two Thousand Eight Hundred Seventy One Dollars. SECTION 3.Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. 070314 9000050 Amend.agt Rev. July 31, 1998 APPROVED AS TO FORM:OSMOSE UTILIITES SERVICES INC Senior Asst. City Attorney APPROVED: By: Name: Title: Assistant City Manager Director of Administrative Services By: Name: Title: Taxpayer Identification No. (Compliance with Corp. Code 9 313 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 signlng in their respective capacities is acceptable) 070314 9000050 Amend.agt Rev. July 31, 1998