HomeMy WebLinkAboutStaff Report 364-07City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:SEPTEMBER 17, 2007 CMR:364:07
SUBJECT:APPROVAL OF A WASTEWATER TREATMENT ENTERPRISE FUND
CONTRACT WITH ANDERSON PACIFIC IN THE TOTALAMOUNT
OF $859,000 FOR THE RECYCLED WATER PUMP STATION
UPGRADE PROJECT AT THE REGIONAL WATERQUALITY
CONTROL PLANT - CAPITAL IMPROVEMENT PROGRAMPROJECT
WQ-80021
This staff report provides an expanded description and clarification of statements made in the
Project Description section of CMR:342:07 (Attachment A) and during discussion of Agenda
Item 19 from the City Council meeting on September 10, 2007.
RECOMMENDATION
Staff believes and continues to recommend that, in order to meet the City’s commitment to the
existing users during the summer of 2008 and keep future projects on schedule, the pump station
upgrade project needs to be awarded in September 2007.
Prevailing Wage:
When preparing the invitation for bids for the pump station upgrade project, staff did not require
prevailing wage because the pump station project was being funded by local funds. The low
bidder, Anderson Pacific, has voluntarily submitted a letter stating that it will be paying
prevailing wage on this project and is willing to provide certified payroll. A copy of the letter is
Attachment B.
5
Proiect Scope:
As described in the CMR and during the discussions on September 10, the work includes
replacement of the original recycled water pumps with four new local use pumps. The original
pumps, known as the "local use" pumps, were installed in 1975 and have supplied reclaimed
water to Palo Alto’s Greer Park and Mountain View’s Shoreline area. The pumps have reached
the end of their useful life and the plant has committed to supplying additional reclaimed water
to customers in Mountain View and Palo Alto. The new pumps will deliver the water at a higher
pressure than the old pumps in order to eliminate the need for remote booster pump stations in
the distribution system and to maximize the volume of water that can be delivered. Otherwise
the new local use pumps will perform the same function as the old local use pumps.
In addition, existing pumps that supply plant effluent to Palo Alto’s Emily Renzel Fresh Water
Marsh and reclaimed water to the Palo Alto Golf Course are being renovated and relocated.
CMR:364:07 Page 1 of 3
These pumps pump reclaimed water into separate pipelines and operate at lower pressures than
the "local use" pumps. Finally, some piping is being upgraded to maximize the hydraulic
capacity of the pumping systems, new instrumentation and control systems will be installed to
improve the automation of the entire system, and the reclaimed water storage tank will be
cleaned and renovated.
Project Ftmdin~:
This project is being funded solely from local funds, namely the City of Palo Alto’s Wastewater
Treatment Fund Plant Equipment Replacement Program, Capital Improvement Program (CIP)
Project WQ-80021. This project will not receive any state or federal Funds. At the September
10 Council meeting, a statement was made that suggested that if the pump project was not done
quickly, state grant and loan funding may be lost. This statement is misleading and needs
clarification in that it did not refer to ftmding for the pump station upgrade project, rather to a
separate project that is currently under construction, the Mountain View/Moffet Reclaimed
Water Pipeline Project (the Pipeline Project). The Pipeline Project is a joint project with
Mountain View that is replacing a failed reclaimed water transmission line and building a
reclaimed water distribution system in Mountain View’s North Shoreline technology park.
Negative Effects of Re-Bidding the Project:
In accordance with the terms of the state grants and loan for the Pipeline Project and the
agreement between Mountain View and Palo Alto, once notice of completion for the pipeline
project is filed, Palo Alto and Mountain View will have nine months to complete the starmp and
testing phase of the transmission line and distribution systems. At the end of the starmp phase,
Mountain View and Palo Alto will need to prove that they are transporting and using a
mandatory minimum of 750 acre-feet per year of reclaimed water, increasing over the ensuing 5
years to 1,480 acre-feet per year. State funding for the Pipeline Project could be lost if the
minimum use is not achieved.
The difficulties encountered and effort required during the starmp phase should not be
underestimated. As the reclaimed water supplier, the Regional Water Quality Control Plant
(RWQCP) has agreed to supply the required quantities of water. The pump station upgrade
project needs to be completed before the Pipeline Project starmp and testing phase can begin so
there is reclaimed water available for the testing. Staff has carefully scheduled the upgrade
project to meet this commitment and minimize disruptions to existing customers during the
upgrade project.
The pump station upgrade project plan assumes that most of the work will be done during the
wet weather season (November through April) in order to minimize interruption of reclaimed
water supply to existing customers. If Council rejects all bids and staff has to re-bid the project,
construction will be pushed into the 2008 irrigation season, causing loss of reclaimed water
supply to Greer Park and the Palo Alto Golf Course. If this coming winter’s rainfall is again
below normal and San Francisco Water District (SFWD) needs to institute rationing of potable
water, it would make a summertime construction shutdown of the pump station even more
CMR:364:07 Page 2 of 3
problematic. The following timeframe details how rejection of bids would push the construction
phase into the summer months.
September 17, 2007 - Rejection of Bids
September 2007 - Fast track preparation of new bid documents including attorney review
October 2007 - advertisement and bid review
November 2007 - CMR process and award of contract
December 2007 - Contractor signatures, bonds, insurance, city signatures, Notice to
Proceed
January 2008 - Submittals
February through May 2008 - Equipment lead-time (16-18 weeks)
June through August 2008 - Construction (minimum three months)
Impact on the Mountain View/Moffet Reclaimed Water Pipeline Project
Delaying construction to the fall and winter of 2008/09 is not feasible because Mountain View
expects the RWQCP to deliver reclaimed water to the new pipeline for the starmp and testing
phase of its new reclaimed water distribution system. The Mountain View / Moffett pipeline and
distribution system project is scheduled for completion no later than December 31, 2008, but the
contractor appears to be moving fast and may finish significantly sooner.
ATTACHMENTS
Attachment A: CMR:342:07
Attachment B: Anderson Pacific letter regarding payment of prevailing wage on this project
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
James Allen, Project Engineer RWQCP
Richard A. Wetzel, Manager RWQCP
J. MICHAEL SARTOR
Acting Director of Public Works
EMILY HARRISON
Assistant City Manager
CMR:364:07 Page 3 of 3
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PUBLIC WORKS19
DATE:SEPTEMBER 10, 2007 CMR:342:07
SUBJECT:APPROVAL OF A WASTEWATER TREATMENT ENTERPRISE FUND
CONTRACT WITH ANDERSON PACIFIC IN THE TOTALAMOUNT
OF $859,000 FOR THE RECYCLED WATER PUMP STATION
UPGRADE PROJECT AT THE REGIONAL WATERQUALITY
CONTROL PLANT - CAPITAL IMPROVEMENT PROGRAMPROJECT
WQ-80021
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the City Manager or his designee to execute the attached
Wastewater Treatment Enterprise Fund contract with Anderson Pacific (Attachment A) in
the total amount of $859,000 for the recycled water pump station upgrade project at the
Regional Water Quality Control Plant, Capital Improvement Program Project WQ-80021;
and
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Anderson Pacific for related, additional but unforeseen work
which may develop during the project, the total value of which shall not exceed $85,900.
DISCUSSION
Proiect Description
The work to be performed under the contract is an upgrade of the recycled water pumping
system at the Regional Water Quality Control Plant. Recycled water pumps and control systems,
in service since 1975, are in need of replacement and upgrade. The existing pumps deliver
recycled water to Palo Alto’s Greer Park and Mountain View’s Shoreline Golf Links. The new
pumps will deliver water more reliably and at higher system pressure and flow. A contractor is
needed to install piping, pumps, and integrated control systems.
A notice inviting formal bids for the project was sent to 24 contractors on June 18, 2007 and
posted at City Hall. The bidding period was 43 days. Bids were received from two qualified
contractors on July 31, 2007 as listed on the attached bid summary (Attachment B). Bids ranged
from a high of $969,000 to a low bid of $859,000. Bidders not bidding indicated that they did
not bid because (a) they were not competitive against other bidders, (b) their estimators were too
busy, or (c) their field crews were too busy.
CMR:342:07 Page 1 of 3
Bid Name/Number
Summary of Bid Process
Recycled Water Pump Station Upgrade
#122123
15 months
24
10
43
Yes
8
2
From a low of $859,000 to a high of
$969,000
*Bid summary provided in Attachment B. Certification of Nondiscrimination is Attachment C.
Proposed Length of Project
Number of Bids Mailed to Contractors
Number of Bids Mailed to Builder’s Exchanges
Total Days to Respond to Bid
Pre-Bid Meeting?
Number of Company Attendees at Pre-Bid
Meeting
Number of *Bids Received:
Bid Price Range
Staff has reviewed all bids submitted and recommends that the bid of $859,000 submitted by
Anderson Pacific be accepted and that Anderson Pacific be declared the lowest responsible
bidder. The bid is 13.0 percent above the engineer’s estimate of $760,443.96. The change order
amount of $85,900, which equals 10 percent of the total contract, is requested for related,
additional but unforeseen work which may develop during the project.
Staff confirmed with the Contractor’s State License Board that the contractor has an active
license on file. Staff checked references supplied by the contractor for previous work performed
and found no significant complaints.
RESOURCE IMPACT
Funds for this project are included in the 2007-2008 Wastewater Treatment Enterprise Fund
budget.
POLICY IMPLICATIONS
This recommendation does not represem any change to existing City policies.
ENVIRONMENTAL REVIEW
The recommended action is exempt from review under the California Environmental Quality Act
pursuant to CEQA Guidelines Section 15301 (b), which includes maintenance of publicly-owned
wastewater facilities involving negligible expansion.
ATTACHMENTS
Attachment A: Contract
Attachment B: Bid Summary
Attachmem C: Certification of Nondiscrimination
PREPARED BY:James Allen, Project Engineer RWQCP
Richard A. Wetzel, Manager RWQCP
CMR:342:07 Page 2 of 3
DEPARTMENT HEAD:
GLENN S. ROBERTS
Director Works
CITY MANAGER APPROVAL:
EMIL ~ON
As:City Manager
CMR:342:07 Page 3 of 3
ATTACHMENT A~
FORMAL CONTRACT SECTION 500
CONTRACT No. C08122123
(Public Work)
Public Works Department
This Contract, number C08122123 dated x is entered into by and between the City of Palo Alto, a California
Charter City ("City"), and Anderson Pacific En.qineedn.q Construction, Inc.,.. ("Contractor").
For and in consideration of the covenants, terms, and conditions (’~he 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 eadier termination of this
Contract.
General Scope of Proiect 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
follow~:
Title of Project:Recycled Water Pump Station Upgrade, Invitation for Bids (IFB) No. 122123
Bid:$859~000.00 (Eight Hundred Fifty-Nine Thousand Dollars)
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.
ao This Contract.
Invitation for Bid.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (most current version).
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 (most current version).
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
(most current version), 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 Bids on terms and conditions and in amounts as may be required by the
Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the
personal property of any person performing labor or services or supplying materials or equipment under the
Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting
coverage required under this Contract on or before the Date of Execution. The certificates and endorsements
for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its
CITY OF PALO ALTO ¯CONTRACT C08122123 .PAGE 1 OF 7
rev. 12/00
FORMAL CONTRACT SECTION 500
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 adses 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 adses from conduct for which any Law may impose strict liability
on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise
from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers,
employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or
liens made or filed by reason of any work performed by Contractor under this Contract at any time during the
term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations under
this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City
Council members, officers and employees from and against any and all claims, demands, liabilities, losses,
damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in
connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract,
under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. ~9601-6975,
as amended); the Resource Conservation and Recovery Act (42 U.S.C. 996901-6992k, 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, 9~25300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, ~925100-25250.25, 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 adse 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 Ins#ection: The City has the dght, but not the duty, to inspect Contractor’s Work. The right
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.
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 CONTRACT C08t22123 PAGE 2 OF 7
rev. 12100
FORMAL CONTRACT SECTION 500
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;
bo Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials are
required;
Co 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.
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 Bids;
Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon the
person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project
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 duiing the term of this Contract;
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
13.
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
Assiqnment. This Con{ract 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-lime
or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or
registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or
required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim
to City.
15.Audits by City.
CITY OF PALO ALTO
rev. 12/00
During the term of this Contract and for a period of not hess than three (3) years after the
CONTRACT C08122123 ....PAGE 3 OF’7
FORMAL CONTRACT SECTION 500
expiration or earli~r"t’err~ination 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.
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 dudng 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
Public Works Department
Regional Water Quality Control Plant
2501 Embarcadero Way
Palo Alto, CA 94303
James Allen, Project Manager
To Contractor:Anderson Pacific Engineering Construction, Inc.
1390 Norman Avenue
Santa Clara, CA 95054
Attn: Peter Anderson
17.App.[ppriation 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, services, materials and equipment may
accrue only after such expenditures have been approved in advaqce 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 (most current version) of this Contract are incorporated
herein by reference.
e.Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
CITY OF PALO ALTO CONTRACT C08122123 PAGE 4 OF 7
rev, 12/00
FORMAL CONTRACT SECTION 500
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 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.
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void
or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as
an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to
any rights and benefits accorded or accruing to the City Council members, officers or employees of
City, and Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract-shall inure to the benefit of, and shall apply
to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the
calculation of time hereunder, the time in which an act is to be performed shall be computed by
excluding the first Day and including the last. If the time in which an act is to be performed falls on a
Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be
extended to the following Business Day.
po 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 of the 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
CITY OF PALO ALTO CONTRACT C08122123
rev. 12/00
PAGE 5 OF 7
FORMAL CONTRACT SECTION 500
in the United States District Court i’oi-ihe Northern District of California.
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 attorney’s fees.
IN WITNESS WHEREOF, the pa~ies 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:CITY OF PALO ALTO
Senior Assistant City Attorney Assistant City Manager
APPROVED:CONTRACTOR:
Director of Administrative Services
Director of Public Works
By:.
Name:
Title:
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/~.TO
rev. 12/00
CONTRACT C08122123 PAGE 6 o’F 7
FORMAL CONTRACT SECTION 500
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
rev. 12100
CONTRACT C08122123 PAGE 7 OF 7
ATTACHMENT B
0 ~
0
0
ATTACHMENT C
CERTIFICATION OF NONDISCRIMINATION FORM 410
PROJECT: . Recycled Water Pump Station Up_qrade
Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto
in excess of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in
the performance of this contract they will not discriminate in employment of any person because of
race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing
status, marital status, familial status, weight or height of such person; and further certify that they
are in compliance with all Federal, State and local directives and executive orders regarding
nondiscrimination in employment.
Firm: Anderson
Title of
Signature:
Pacific Eng. Const. Inc. DATE:
Peter Anderson, President
CITY OF PALO AL-rO IFB 122123 PAGE 1 OF 1
@9/11/2@@7 12:35 4@897@9975 ANDERSON PACIFIC HAl PAGE 01/87
ANDERSON PACIFIC
Engineering Construction,
Attachment B
City of Palo Alto
Dept. of Public Works
FAX 650-329-2299
Attention: Mike Sartor
Subject:Recycled Water Pump Station Project
IFB Number 122123
September 11, 2007
Dear Mike,
We bid subje(~t project with the intent of paying our workers per Davis-Bacon
Prevailing Wage requirements. Attached is a list of various prevailing labor rates for
various labor trades in the different counties. The trades we are likely to use on this
project are: laborers, pipefitters, operators and electricians. We are happy to provide
certified payrolls on this project to confirm we are paying these rates.
Call if you have any questions or comments.
Very truly yours,
Peter Anderson
President
1390 Norman Avenue
Santa Clam. CA 95054
Fax: 4081970-9975
4081970-9900
Lic. No, 24521.5
ANDERSON PACIFIC HA1
b~rriers; and assembly of decontamination stations.
i~)0067- 006 07/01/2006
AREA "A" A~DA, CONTRA COSTA, SAN FRANCISCO, SA!~ MATEO AND
S~/~ CLARA COUNTIES
A~qE/% "B" -CALAVEPJ%S, FRESNO, KINGS, MADERA, MJ~RIPOSA, MERCED,
MONT]~REY, SAN BENITO, SANTA CRUZ, SAN JOAQUIN, STANISLAUS AND
TUOLI!MNE COUNTIES
Rates Fringes
Laborers: (CONSTRUCTION C~FT
LABORERS - AREA A:)
Construction Specialist
Group .......................$ 24.84 12.33
GROUP 1 .....................$ 24.24 12.33
GROUP l-a ...................$ 24.36 12.33
GROUP 1-~ ...................$ 24.19 12.35
GROUP l-e."-3 24.69 12.33
GROUP 1-f ...................$ 24.72 12.33
GROUP l-g (Contra Costa
County) .....................$ 24.34.12.33
GROUP 2 .....................$ 23.99 12.33
GROUP 3 .....................$ 29.89 12.33
GROUP 4 .....................$ 17.58 !2.33
See groups l-b and l-d under laborer classifications.
Laborers: (CONSTRUCTION CP-AFT
LABORERS - AREA B:)
Construction Specialist
Group .......................$ 23.84 12 33
GROUP 1 .....................$ 23,14 12 k3
GROUP l-a ...................$ 23.36 12 33
GROUP 2-c ...................$ 2B.19 12 33
GROUP l-e ...................$ 23.69 12 33
GROUP l-f ...................$ 23.72 12 3~
GROUP 2 .....................$ 22.99 12 39
GROUP 3 .....................$ 22.89 12 33
~ROUP 4 .....................$ 16.58 12 33
See groups l-b and l-d under laborer classifications
Laborers: (GUNITE - AREA A:)
GROUP I .....................$ 25.10 12.33
GROUP 2 .....................$ 24.60 12.33
GROUP 3 .....................$ 24.01 12,33
GROUP 4 .....................~ 23.89 12.3~
Laborers: (GUNITE - AREA B:)
GROUP I .....................$ 24.10 12.33
GROUP 2 .....................$ 23.60 12.33
GROUP 3 ’.$ 23.01 12.33
GROUP 4 .....................$ 22°89 i2.33
Laborers: (WRECKING - AR~A A:)
GROUP 1 .....................$ 24.14 12.33
GROUP 2 .....................$ 23.99 12,33
GROUP 3 .....................$ ~7.58 12.33
Laborers: (WR~CKING - AREA B:)
GROUP 1 .....................$ 23,14 12.33
GROUP 2 .....................$ 22,99 12,33
~ROUP 3 .....................$ 16.58 12.33
Landscape Laborer (GARDeneRS,
PAGE 62/67
Page 2 ~ of 36
systems. SCADA (Supervisory Control and Data Acquisition)
when not intrinsic to the above listed systems (in the
scope). Fire alarm systems when installed in raceways
(i~cludin~ wire and cable pulling) shall be performed at
the electrician wage rate, when either of the following two
(2) conditions apply:
I. The project involves new or major remodel building trades
co~structlo~.
2. The conductors for the fare alarm system are installed in
condul t.
ELEC02]4- 001 0S/28/2007
MONTEREY, SAN BENITO AND SAIqTA CRUZ COUNTIES
Rates Fringes
Electrician ......................$ 35.84 3%+18.21
ELEC0302-001 02/01/2007
CONTILA COSTA COUNTY
Rates Fringes
Z%+18.25
3%+18.25
Cable splicer ....................$ 46.86
Electrician ......................$ 4~.21
ELEC0332-001 05/29/2006
Rates
Cable splicer ....................$ 49.53
Electriclan .......................$ 43.07
Fringes
3%+16.~
3%+16~23
FOOTNOTES: Work under compressed air or where gas masks are
required, orwork on ladders, scaffolds, stacks, "Bosun’.s
chairs," or other structures and-where the-workers are not
protected by permanent guard rails at a distance of &0 to
60 ft. from the’ground or supporting structures: to be paid
one and one-half times the s~raight-time ra£e of pay.
Work on structures of 60 ft. or over (as described above):
to be paid twice the stra£ght-time rate of pay.
Rates
ELEC0595-001 06/01/2006
Fringes
3%+18.65
3%+18.65
ALAMEDA COUNTY
Cable splicer ....................$ 46.13
Electrician ......................$ 41.00
ELEC0595-002 06/01/2007
Rates Fringes
C~AVEIZAS AND SAN JOAQUIN COUNTIES
htt~ :/ / f.rweb~ate.access.~.~ v1~ ~zi-bin/ ~zetd~e~c ~zi ? dbname=Davis- B ac~n& d~c i d=C A2 ~.‘.712412.007
WA£ Re ev’id
ANDERSON PACIFIC HAl PAGE 64/87
Page 12 of 36
Area l: western part
Area 2: Remainder
SISKIYOU COUNTY:
Area i: Central part
Area 2: Remainder
SONOB4A COUNTY:
Area i: All but the Northwestern corner
Area 2: Remainder
TKHAMA COUNTY;
Area I: All but the Western border with Mendocino & Trinity
Counties
Area 2: Remainder
TRINITY COUNT~:
Ar~a I: East Central part and the Northeastern border with
shasta County
Area 2: Remainder
TUOLLTMNE COUNTY:
Area I: Except Eastern part
Area 2: Eastern part
* E~I0003-018 06/25/2007
"AJ~EA l" WAGE P~%TES A!~E LISTED BELOW
"A/qEA 2" RECEIVES ~ ADDITIONAL $2,00 PER HOUR AJ~0VE A/qEA I
RATES.
SEE AREA DEFINITIONS BELOW
Rates Fringes
Power Equipment Operator
(AREA
GROUP I .....................$ 36,09
GROUP 2 .....................$ 34.56
GROUP 3 .....................$ 33.08
GROUP 4 .....................$ 31.70
GROUP 5 .....................$ 30.43
GROUP 6 .....................$ 29.11
GROUP 7 .....................$ 27.97
GROUP 8 ......................$ 26,83
GROUP S-A ...................$ 24.62
Power Equipment Operators
All Cranes and Attachments:
GROUP I
Cranes .....................$ 36.97
Oiler ......................$ 27,72
~ruck crane oiler ..........$ 30.00
GROUP 2
Cranes .....................$ 35.21
oiler ......................$ 27.50
Truck crane oiler ..........$ 29.74
GROUP
Cranes .....................$ 33.47
19.62
!9.62
19.62
19.62
19.62
19.62
19.62
19,62
19.62
19.62
19,62
19.62
19.62
19.62
19,62
19.62
Page 13 of 36
Hydraulic ..................$ 29,11
Oiler ......................$ 27.22
Truck Crane Oiler ..........$ 29,50
Power Equipment Operators ~
piledrivers: (AREA I:)
GROUP 1
Lifting devices ............$ 37,31
Oiler ......................$ 28.05
Truck crane oiler ..........$ 30,33
GROUP 2
Lifting devices ............$ 35,49
Oiler ......................$ 27.98
Truck Crane Oiler ..........$ 30.08
GROI!P 3
Lifting devices ............$ 33.81
Oiler ......................S 27.56
Truck Crane Oiler ..........$ 29.79
GROUP 4 .....................$ 32.04
GROUP 5 .....................$ 29.40
GROUP 6 .....................$ 27.17
Power EtIuipment Operators -
Steel Erection: (AREA I:)
GROUP 2
Cranes .....................$ 37.94
Oiler ......................$ 28.39
Truck Crane Oiler ..........$ 30,62
GROUP 2
Cranes .....................$ ~6.17
Oiler ......................$ 28.12
Truck Crane Oiler ..........$ 30.40
GROUP 3
Cranes .....................$ 34.69
PPidraulic ..................$ 29.74
Oiler ......................$ 27.90
Truck Crane Oiler ..........$ 30.13
GROUP 4 .....................$ 32.67
GROUP 5 .....................$ 31.37
Power Equipment Operators
Tunnel and Utnderground Work:
(;LREA
S}{AFTS, STOPES, RAISES:
GROUP 1 ....................$ 32.19
GRouP k-A ..................$ 34,66
GROUP 2 ....................$ 90.93
GROUP 3 ....................$ 29.60
GROUP 4 ....................$ 28.46
GROUP 5 ....................$ 27,32
LrNDERGROUND:
GROUP 1 ....................$ 32,09
GROUP 1-A ..................$ 34.56
GROUP 2 ....................$ 30.83
GROUP 3 ....................$ 29.50
GROUP 4 ....................$ 28.36
GROUP 5 ....................$ 27.22
19.62
19.62
19.62
19.62
19.62
19.62
19.~2
19.62
19.62
19.62
3.9,62
19,62
19,62
19,62
19.62
19.62
19.62
19.62
19.62
19.62
19.62
19.62
19.62
¯ 19.62
19.62
19.62
19.62
19,62
19.62
19.62
19-62
19.62
19.62
19.6~
19,62
19.62
19.62
19.62
19.62
FOOTNOTE: Work suspended by ropes or cables, or work on. a
Yo-Yo Cat: $.60 per hour additional.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
pLtJT~0038-001 07/01/2006
SA2¢FR;e~CISCO COUNTY
Rates Fringes
plumber
(I) Work on wooden frame
stz-uctures 5 stories or
less excluding high-rise
buildings and co~hmercial
work such as hospitals,
prisons, hotels and schools.$ 35.60 25.07
(2) All other work ..........$ 44.50 26.59
PLUM0038-005 07/01/2006
SAN FPJ~NCISCO COL~TY
Rates Fringes
Landscape!~rrigation Fitter ......$ 32.91 16.42
PLLT~0159-001 07/01/2006
CONTP~. COSTA COL~TY
Rates Fringes
Plumber and steamflt~er
(!) Constz-uctlon of motels
under 4 stories .............$ 30.66 19.49
(2) Al! other work ..........$ 39.96 20.85
PLL~0342-001 07/01/2006
~-[~4EDA & CONTRA COSTA COUNTIES
Rates Fringes
Pipefitter
CONTRA COSTA COLTNTY .........$ 41.01 23.10
Plumber, Pipefitter,
Steamfitter
~J~EDA COIINTY ..............$ 41.01 2~.i0
* PLU-MO355-004 07/01/2007
]hLAMEDA, C2iLA~’EILAS, CONqq~A COSTA,
M;~IPOSA, MERCED, MON~REY, SAN B~NITO, Sidq JOAQUIN, Si%N ~LATEO,
SANTA CLAiLA, SANTA CRUZ, STIdg~SLAUS, ~ 71JOLLT~ COLT~IES:
Rates Fringes
Underground Utility Worker
/Landscape Fitter ...........$ 24.35 7.85
PLL~0393-001 01/01/2007
SAN BENITO AND SANTA CLARA COUNTIES
http://frwebgatc.acc~ss.gp~.g~v/cgi-bin/gctd~c.c~?dbname=Davis-Ba~n&d~id=CA2~". 7/24/2007