HomeMy WebLinkAboutStaff Report 224-05The replacement will be performed by installing underground conduits, cables and associated
electric facilities in the public right-of-way (street and sidewalk) and on easements back of
sidewalk. The new system will have pad-mounted equipment similar to existing system and will
be installed on concrete pads along the planter strip back of sidewalk.
The work on this project is being performed by contract because the City does not have the staff
and the equipment to install the substructure required for this project.
Summary of Bid Process
Bid Name Holly Oaks/Ames/Christine Drive System Rebuild Project
Proposed Length of Project 3 months
Number of Bids Mailed to Contractors 4
Number of Bids Mailed to Builder's 8
Exchanges
Total Days to Respond to Bid 21
Pre-Bid Meeting? No
Number of Company Attendees at Pre-N/A
Bid Meeting
Number of Bids Received: 3
Bid Price Range From a low of $402,469 to a high of $998,460
*Bid summary provided in Attachment B.
Staff has reviewed all bids submitted and recommends that the bid of $402,470. submitted by
Can-Am Communications, Inc. be accepted and that Can-Am Communications, Inc. be declared
the lowest responsible bidder. The bid is less than 2 percent above the engineer's estimate of
$395,000. The change order amount of $40,000, which equals 10% percent of the total contract,
is requested for related 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 FY 2004/05 Utilities Department Electric CIP No.
EL04005 budget and from Public Works Miscellaneous Projects Budget-Street
Light Improvements PO-05054.
Utilities Engineering has sufficient resources to manage this contract work with existing staff.
POLICY IMPLICATIONS
The award of this contract does not represent any changes to existing City policy and is
consistent with the Council approved Utilities Strategy No.1: Operate distribution system in a
CMR:224:05 Page 2 of3
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ihdirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or
the negligent acts or omissions of Contractor, or which results from Contractor's noncompliance with any Law
respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from
Contractor's failure to do anything required under this Contract or for doing anything which Contractor is required
not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on
Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from
the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees,
agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or
filed by reason of any work performed by Contractor under this Contract at any time during the term of this
Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the· execution of its obligations under
this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City
Council members, officers and employees from and against any and all claims, demands, liabilities, losses,
damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in
connection with or as a result of Contractor's willful acts or negligent acts or omissions under this Contract, under
the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. :339601-6975, as
amended); the Resource Conservation and Recovery Act (42 U.S.C. 336901-6992k, as amended); the Toxic
Substances Control Act (15 U.S.C. 332601-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, 3325300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Code, 3325100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, 3325249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, 3325280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law.
7. 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.
8. 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.
9. No Exoneration By Inspection: The City has the right, 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 bond or fire underwriters or
other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any
Law of any public agency or official as well as with any provision of all recorded documents affecting the Project
site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws
pertaining to nondiscrimination in employment and hazardous materials.
11. Bonds. As a condition precedent to City's obligation to pay compensation to Contractor, and on or before the
Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Invitation For
Bid.
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:
a. Any materials and equipment which shall be used during the course and scope of the Project and Work
shall be vested in Contractor;
b. Any materials and equipment which shall be used during the course and scope of the Proje~t and Work
CMR:224:05 Attachment C
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REV. DATE· APPR. DESCRIPTION
APPROVED May 2004· CHRISTINE DRIVE
Patrick Valath ELECfRIC SYSTEM REBUILD
SR. ENGINEER I MANAGER ... ,\1/.1 ..
ENGR. PEV .~ City of Palo Alto MAP# CKT# SCALE W.O.# I DRAWING #
DRWN PDD California NTS 40000577
CHKD. PEV UTILITIES. ELECTRIC ENGINEERING SHEET 1 OF 1