HomeMy WebLinkAboutStaff Report 315-05"
Pre-Bid Meeting? Yes
Number. of-Company Attendees at Pre-3
Bid Meeting
Number of Bids Received: 2
Bid Price Range From a low of $1 ,106,204 to a high of $1,462,819
*BId summary provIded mAttachment B.
Staff has reviewed all bids submitted and recommends that the bid of $1,106,204 submitted by
Can-Am Communications, Inc. be accepted and that Can-Am Communications, Inc. be declared
the lowest responsible bidder. The bid is 15 percent below the engineer's estimate of$1,300,000.
The change order amount of $165,000, which equals 15% percent of the total contract, is
requested for related unforeseen work, which may develop during the project A change order
amount of 15% is being requested instead of the usual 10% due to the amount of congestion
from existing and abandoned underground utility infrastructure within the project area. .
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.
Joint Agreement ,
To take advantage of the economics of joint use of trenches, the City, SBC California and Comcast
Corporation of California IX, Inc. executed an Amended Master Agreement in 1990 (originally a
master agreement between City and Pacific Bell executed in 1975 and amended in 1986) for
participation in joint underground construction projects.
This Amended Master Agreement, however, limits the expenditures to $25,000 per project.
Whenever the amount involved in a project exceeds the $25,000 limit, then a Specific
Supplementary Agreement is required. The Supplementary Agreement references the Amended
Master Agreement for general terms and conditions and requires, when the work is contracted, that
the use of the exact unit prices are quoted by the contractor to determine the costs shared between
the utilities. Accordingly, the City, who will administer the contract for this project, will invoice
SBC California and Corncast Corporation of California IX, Inc. on the basis of prices quoted and
the terms agreed upon in Exhibit "A". Staff recommends approval of the Specific Supplementary
Agreement for the Underground Utility District No. 39.
RESOURCE IMPACT
Funds for this project are included in the FY 2005106 Utilities Department Electric CIP No.
EL03005 budget Based on the low bid, the estimated costs for the City, SBC and Comeast are
$553,102, $331,861 and $221,241 respectively. Utilities Engineering division 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. This project
supports CP AU Key Strategy number 7 -Implement programs that improve the quality of the
CMR:315:05 Page 3 of4
6. 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 oromissions 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
PAGE 2 OF7
IFB 112054
Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no
such hours, during the regular business hours of City.
16. Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents,
designations, notices, offers, requests and statements given by either party to the other shall be in writing and
shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States
mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission,
if sent to the telephone FAX number set forth below during regular business hours of the receiving party and
followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in
accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and
service by facsimile transmission.
To City:
Copy to:
To Contractor:
City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
City of Palo Alto
Utilities Department
250 Hamilton Avenue
Palo Alto, CA 9A303
Attn: Jim Thompson, Project Manager
Can-Am Communications, Inc.
250 Fischer Avenue
Costa Mesa, CA 92626
Attn: Randy Pierce
17. Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the
Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may
accrue only after such expenditures have been approved in advance in writing in accordance with applicable
Laws. This Contract shall terminate without penalty (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.
a. 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.
b. 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.
c. 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.
d. Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and
Specifications (1992) of this Contract are incorporated herein by reference.
e. Force Majeure. Neither party shall be deemed to be in default on account of ~ny delay or failure to perform
its obligations under this Contract which directly results from an Act of God or an act of a superior
governmental authority.
PAGE 4 OF7
IFB 112054
'.
r. 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.
s. 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 parties have by their duly appointed representatives executed this Contract in the city of
Palo Alto, County of Santa Clara, State of California on the date first stated above.
APPROVED AS TO FORM:
Senior Assistant City Attorney
APPROVED:
Director of Administrative Services
Director of Utilities
IFB 112054
CITY OF PALO ALTO
Assistant City Manager
CONTRACTOR:
8y: _________________ _
Name:, __________________ _
Title:. _________________ _
8y:. _________________ _
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)
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BID S(!MMARY CITY OF PALO ALTO
Invitation for Bid Number: 112054 -..
Title: EL CAMINO REAL! PARK BLVD! SHERMAN! PAGE MILL ROAD UNDERGROUND DISTRICT 39
1 1
List of Bidders (Company Name) Base Bid Total Alternate #1 Alternate #2 Alternate #3
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Page 2
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Grand Total
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'" I . '/10),. ~/f. : I i70
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----
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1. For the purposes of this Agreement and the
Amended Master Agreement, the following definitions shall apply:
(a) "Trench" and "Trenching" include, but are not
limited to, excavating, backfilling, compacting, and, as necessary,
breaking and replacing pavement, sidewalks, driveways, curbs and
gutters, and restoring all other surface features di~turbed by
underground construction, including landscaping.
(b) "System" and "Underground Facili£ies" include, but
are not limited to, conduits, splice boxes, hand holes, manholes,
service boxes and related equipment" owned by the Parties.
(c) "Party" refers to "COMPANY," "COMCAST" or "CITY" and
"Parties" refers to "COMPANY," "COMCAST" and "CITY."
SECTION 2. The Parties acknowledge that, in accordance
with Section 2.30.100(e) of the Palo Alto Municipal Code, CITY will
require the approval of CITY's Council where CITY's share of costs
will ,exceed Sixty-Five Thousand Ibllars ($65,000), which threshold
was established at Twenty-Five Thousand Dollars ($25,000) when the
Amended Master Agreement was executed by the Parties.
SECTION 3 . CITY' agrees to act as Trenching Agent to
install, or have installed, certain Undergrou nd Facilities to be
used exclusively or shared by and among CITY, COMCAST and COMPANY
in connection with the Project. The extent and location of such
facilities shall be agreed upon, in writingj by the authorized .
representatives of the Parties hereto prior to such installation.
COMPANY and COMCAST each agree to ,reimburse CITY for the respective
costs of such installation in accordance with the terms set forth
in Exhibit, "A" (Terms of Agreement) and Exhibit "B" (CITY's bid
plans and specifications and Bidde r's bid for the Project),
sherman/Grant/Sheridan/PageMill/Park Blvd./Birch/Ash and El Cam{no
Real Conversion' Project, Utility Trench and Substructure eU.U.D.
No. 39), attached hereto and by this reference incorporated herein.
SECTION 4. This separ ate agreement is contemplated by
Section 2 (c) of Contract No. MD 723, entitled, "AMENDED MASTER
AGREEMENT FOR INSTALLATION OF UNDERGROUND FACILITIES SYSTEMS BY AND
AMONG THE CITY OF PALO ALTO, PACIFIC BELL AND CABLE COOP,"
including any future amendments hereto, are hereby incorporated by
reference into this Agreement. A copy of Contract No. MD 723 is
attached hereto as Exhibit "Cu.
2
050721 sdl 0072434
<',
B. BID PACKAGE AND CONTRACT ADMINISTRATION
1. Engineering, Plans and Specifications -Three percent
(3%) of COMCAST's and COMPANY's shares of actual cost
of construction shall be added to COMCAST's and
COMPANY's cost for engineering and preparation of
plans and specifications required for obtaining bids
for construction.
2. Seven percent (7%) of COMCAST's and COMPANY's shares
of actual cost of construction shall be added to
COMCAST'S and COMPNAY'S cost for contract
administration by City, including costs of inspections
performed by City.
050722 cI 0072434
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1. For the purposes of this Agreement and the
Amended Master Agreement, the following definitions shall apply:
(a) "Trench" and "Trenching" include, but are not
limited to, excavating, backfilling, compacting, and, as necessary,
breaking and replacing pavement, sidewalks, driveways, curbs and
gutters, and restoring all other surface features disturbed by
underground construction, including landscaping.
(b) "System" and "Underground Facilities" include, but
are not limited to, conduits, splice boxes, hand holes, manholes,
service boxes and related equipment ll owned .by the Parties.
(c) "Party" refers to "COMPANY," "COMCAST" or "CITY" and
"Parties" refers to "COMPANY," "COMC~ST" and "CITY."
SECTION 2. The Parties acknowledge that, in accordance
with Section 2.30.100(e) of the Palo Alto Municipal Code, CITY will
require the approval of CITY's Council where CITY's share of costs
will exceed Sixty-Five Thousand Dollars ($65,000), which threshold
was established at Twent~Five Thousand Dollars ($25,000) when the
Amended Master Agreement was executed by the Parties.
SECTION 3. CITY agrees to act as Trenching Agent to
install, or have installed, certain Underground Facilities to be
used exclusively or shared by and among CITY, COMCAST and COMPANY
in connection with the Project. The extent and location of such
facilities shall be agreed upon, in writing, by the authorized .
representatives of the Parties hereto prior to such installation.
COMPANY and COMCAST each agree to reimburse CITY for the respective
costs of such installation in accordance with the terms set forth
in Exhibit "A" {Terms of Agreement) and Exhibit "B" (CITY's bid
plans and specifications and Bidde r's bid for the Project),
Sherman/Grant/Sheridan/PageMill/Park Blvd./Birch/Ash and El Camino
Real Conversion Project, Utility Trench and Substructure (U.U.D.
No. 39), attached hereto and by this reference incorporated herein.
SECTION 4. This separate agreement is contemplated by
Section 2 (c) of Contract No. MD 723, entitled, "AMENDED MASTER
AGREEMENT FOR INSTALLATION OF UNDERGROUND FACILITIES SYSTEMS BY AND
AMONG THE CITY OF PALO ALTO, PACI FIC BELL AND CABLE COOP,"
including any future amendments hereto, are hereby incorporated by
reference into this Agreement. A copy of Contract No. MD,723 is
attached hereto as Exhibit "Cu.
2
050721 sdl0072434
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF CAI ... A fca..U\A
COUNTY OF SAN'tA C. ~",=Q..~ ss.
On 0ui,..:¥ 27 , 2005, before me, \Z \.G\-tAQ.D VtL-LA:f\JO,
a Notary Public in and for said County and State, personally
appeared :[VL.,.t AN ~0 \,2_. , of PACIFIC BELL
TELEPHONE COMPANY, dba SBC CALIFORNIA, personally known to me or
proved to me on the basis of satisfactory evidence to be the
per~on(s) whose name(s) is/are subscribed t6 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
050721 sd1 0072434
p.
Of~k.J~
Signature of potaty Public
J ........... .
RICHARD S. VILLANO
_.. . Comnilsslon #1484143 ~
Notary Public • CoUfornla I··
Santa Claro Countv -
~Comm. ExpIres Apr 18. 2008
4
B. BID PACKAGE AND CONTRACT ADMINISTRATION
1. Engineering, Plans and Specifications -Three percent
(3%) of COMCAST's and COMPANY's shares of actual cost
of construction shall be added to COMCAST's and
COMPANY's cost for engineering and' preparation of
plans and specifications required for obtaining bids
for construction.
2. Seven percent (7%) of COMCAST's and COMPANY's shares
of actual cost of construction shall be added to
COMCAST'S and COMPNAY'S cost for contract
administration by City,including costs of inspections
performed by City.
050722 cI 0072434
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1. For the purposes of this Agreement and the
Amended Master Agreement, the following definitions shall apply:
(a) "Trench" and "Trenching" include, but are not
limited to, excavating, backfilling, compacting, and, as necessary,
breaking and replacing pavem~nt, sidewalks, driveways, curb~ and
gutters, and restoring all other surface features disturbed by
underground constructioni including landscaping.
(b)· "System" and "Underground Facilities" include, but
are not limited tO I conduits, pplice boxes, hand holes, manholes,
service boxes and related equipment II owned by the Parties.
(c) "Partyll refers to "COMPANY, II "COMCAST" or "CITY/f and
"Parties" refers to "COMPANY," "COMCAST" and "CITY."
SECTION 2. The Parties acknowledge that l in accordance
with Section 2.30.100(e) of the Palo Alto Municipal Code, CITY will
require the approval of CITY's Council where CITY's share of costs
will exceed Sixty-Five Thousand Dollars ($65,000), which threshold
was established at Twent~Five Thousand Dollars ($25,000) when the
Amended Master Agreement was executed by the Parties.
SECTION 3 . CITY agrees to act as Trenching Agent to
install, or have installed, certain Undergrou nd Facilities to be
used exclusively or shared by and among CITY, COMCAST and COMPANY
in connection with the Project. The extent and location of such
facilities shall be agreed upon, in writing, by the authorized ,
representatives of the Parties hereto prior to such installation.
COMPANY and COMCAST.each agree to reimburse CITY for the respective
costs of such installation in accordance with the terms set forth
in Exhibit "A" (Terms of Agreement) and Exhibit "B" (CITY's bid
plans and specifications and B~dde r's bid for the Project),
Sherman/Grant/Sheridan/PageMill/Park Blvd./Birch/Ash and El Camino
Real Conversion Project, Utility Trench and Substructure (U.U.D. '
No. 39), attached hereto and by this reference incorporated herein.
SECTION 4. This separ ate agreement is contemplated by
Section 2 (c) of Contract No. MD 723, entitled, "AMENDED MASTER
AGREEMENT FOR INSTALLATION OF UNDERGROUND FACILITIES SYSTEMS BY AND
AMONG THE CITY OF PALO ALTO, PACIFIC BELL AND CABLE COOP,"
including any future amendments hereto, are hereby incorporated by
reference into this 'Agreement. A copy of Contract No. MD 723 is
attached hereto as Exhibit "Cu.
2
050721 sdl 0072434
B. BID PACKAGE AND CONTRACT ADMINISTRATION
1. Engineering, Plans and Specifications -Three percent
(3%) of COMCAST's and COMPANY's shares. of actual cost
of construction shall' be added to COMCAST's and
COMPANY's cost for engineering and preparation of
plans andspecif~cations required for obtaining bids
for construction.
2. Seven percent (7%) of COMCAST's and COMPANY's shares
of actual cost of construction shall be added to
COMCAST'S and COMPNAY'S cost for contract
administration by City, including costs of inspections
performed by City.
050722 cl 0072434
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