HomeMy WebLinkAbout2003-06-23 City Council (8)C ty Manager’s Report
TO:HONORABLE CITY COUNCIL
9
FROM:CITY MANAGER DEPARTMENT: UTILITIES
DATE:
SUBJECT:
JUNE 23, 2003 CMR: 309:03
APPROVAL OF A CONTRACT WITH ARGUSS
COMMUNICATIONS, INCORPORATED DBA CAN-AM
CONSTRUCTION IN THE AMOUNT OF $520,045 FOR
INSTALLING ELECTRIC AND COMMUNICATION
SUBSTRUCTURE FOR THE NORTHAMPTON/SOUTHAMPTON
SYSTEM REBUILD PROJECT (CIP 0102) AND THE BAYLANDS
UNDERGROUND CONVERSION PROJECT (CIP 0209)
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Arguss
Communications, Incorporated dba Can-Am Construction in the amount of
$520,045 for the Northampton!Southampton System Rebuild project and the
Baylands Under~ounding project.
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Arguss Communications, Incorporated dba Can-
Am Construction for related, additional but unforeseen work which may develop
during the project, the total value of which shall not exceed $52,000.
CMR:309:03 Page 1 of 4
BACKGROUND
The existing electric utilities in the NorthamptordSouthampton project area are located
along easements at the rear property line. Unlike in other neighborhoods, where cables
are installed in underground conduits in the street, most of the electric cables were direct-
buried when the subdivision was established in 1939. The underground cables have
exceeded their typical life of 30 to 40 years and will begin to experience extensive
failures in the very near future. Before this occurs, the Electric Utility plans to rebuild
the entire electric system in lieu of continuing to maintain the old deteriorated system by
making temporary repairs on an as-needed basis. The 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 the sidewalk. To minimize
cost and service interruption to the customers the new system will be extended and
connected to the old service box located along the rear easement. The new system will
have padmounted equipment and will be installed on concrete pads along the planter strip
back of the sidewalk.
The Baylands Project involves building a new underground electric, telephone, and cable
television (CATV) distribution system in the public right-of-way. Conduits, vaults,
CATV pedestals and cabinets, splice boxes, and sel-vice boxes will be installed for placing
the overhead electric, telephone and CATV lines underground. The conduits will be
installed using directional boring machines. The splice boxes, CATV equipment and
individual service boxes to connect to the underground system will be placed at a
convenient location away from traffic. With the exception of CATV equipment and
padmounted electric facilities, all of the new distribution system will be underground.
This project is also being done to comply with the proposed Park Improvement
Ordinance associated with the improvement of the Lucy Evans Baylands Nature
Interpretive Center parking lot, improvement of the 2500 Block of Embarcadero (Harbor)
Road, and undergrounding of utilities in the 2500 block of Embarcadero (Harbor) Road
in Byxbee Park and City-Owned Baylands.
The work on these projects is being performed by contract because the City does not have
the staff and the equipment to install the substructure required for this project.
CMR:309:03 Page 2 of 4
SUMMARY OF BID PROCESS
ARGUSS COMMUNICATIONS, INC.
dba Can-Am construction
3 months
Bid Name
Proposed Length of Project
Number of Bids Mailed to Contractors I 0
Number of Bids Mailed to Builder’s Exchanges I 2
Total Days to Respond to Bid I 21
Pre-Bid Meeting?I Yes
Number of Company Attendees at Pre-Bid Meeting 9
Number of Bids Received:2
Bid Price Range I From a low of $520,045 to a high of $603,780
*Bid summary provided in Attachment B.
Staff has reviewed all bids submitted and recommends that the bid of $520,045 submitted
by Arguss Communications, Incorporated dba Can-Am Construction be accepted and that
Arguss Communications, Incorporated dba Can-Am Construction be declared the lowest
responsible bidder. The bid is 31 percent below the engineer’s estimate of $751,200. The
change order amount of $52,000, 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 2002/03 Utilities Department Electric CIP
Numbers 0102 and 0209 budget.
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.l: Operate distribution system
in a cost effective manner; and Strategy No.7: Implement programs that improve the
quality of the environment.
CMR:309:03 Page 3 of 4
ENVIRONMENTAL REVIEW
This project is categorically exempt from the provisions of the California Environmental
Quality Act and no further environmental review is necessary.
ATTACHMENTS
A. Contract
B. Bid Summary
C. Project Location Map
PREPARED BY:Patrick Valath
Senior Electric Project Engineer
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
Director of! [ities
EMI~L--Y HANSON
Assistant City Manager
CMR:309:03 Page 4 of 4
CONTRACT No. C3150651
Utilities Department
This Contract, number C3150651 dated , is entered into by and between the City of Palo Alto, a chartered city
and a municipal corporation of the State of California ("City"), and ARGUSS COMMUNICATIONS, INC. dba Can-Am
Construction ("Contractor").
For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor
("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract,
and shall e2pire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is
required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this
Contract.
General Scope of Project and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as
follows:
Title of Project:Northampton/Southampton System Rebuild & Baylands Underground Conversion Projects,
Invitation for Bid (IFB) Number 150651
Bid:$ 520.045.00
Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the
City Clerk and are hereby incorporated by reference. For the purposes Of construing, interpreting and resolving
inconsistencies between and among the provisions of this Contract, these documents and the provisions
thereof are set forth in the following descending order of precedence.
a.This Contract.
b.Invitation for Bid.
c.Project Specifications.
d.Drawings.
e.Change Orders.
f.Bid.
g.Supplementary Conditions.
h.General Conditions.
I.Standard Drawings and Specifications (1992).
j.
k.
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
Standard Drawings and Specifications (1992).
Any other document not expressly mentioned herein which is issued by City or entered into by the
parties.
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon
the receipt of written invoices and all necessary supporting documentation within the time set forth in the
Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within
thirty (30) Days of the date of receipt of Contractor’s invoices.
Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance
coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by the
Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the
personal property of any person performing labor or services or supplying materials or equipment under the
Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting
coverage required under this Contract on or before the Date of Execution. The certificates and endorsements
for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its
behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 16 of this
CITY OF PALO ALTO IFB 150651
rev. 12100
PAGE 1 OF 7
10.
11.
Contract.
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers,
employees, agents and representatives harmless from and against any and all claims, demands, liabilities,
losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or
indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts
or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law
respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from
Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is
required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability
on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise
from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers,
employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or
liens made or filed by reason of any work performed by Contractor under this Contract at any time during the
term of this Contract, or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations under
this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City
Council members, officers and employees from and against any and all claims, demands, liabilities, losses,
damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in
connection with or as a result of Contractor’s willful acts or negligent acts or omissions 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. ~6901o6992k, as amended); the Toxic
Substances Control Act (15 U.S.C. ~2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Health & Safety Code, ~25300-25395, as amended); the Hazardous Waste Control
Law (Health & Safety Codd, ~25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement
Act (Health & Safety Code, ~25249.5-25249.13, as amended); the Underground Storage of Hazardous
Substances Act (Health & Safety Code, ~25280-25299.7, as amended); or under any other local, state or
federal law, statute or ordinance, or at common law.
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the
property of Contractor which may occur in, on, or about the Project site at any time and in any manner,
excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of
City or any of its Council members, officers, employees, agents or representatives.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by
City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by
Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any
other provision, nor shall any custom or practice which may arise between the parties in the administration of
any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the
performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
No Exoneration By Inspection: The City has the 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.
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.
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.
CITY OF PALO ALTO IFB 150651
rev. 12/00
PAGE 2 OF 7
12.Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and
services during the course and scope of the Project and Work, Contractor represents and warrants:
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be vested in Contractor;
Any materials and equipment which shall be used during the course and scope of the Project and
Work shall be merchantable and fit to be used for the particular purpose for which the materials are
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 Bid;
Contractor has the power and authority to enter into this Contract with City, that the individual
executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract
shall be executed, delivered and performed pursuant to the power and authority conferred upon the
person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project
Manager or any other person who has directly contributed to City’s decision to award the contract to
Contractor;
There are no unresolved claims or disputes between Contractor and Citywhich 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 during 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
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
13.Assiqnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not
be assigned by Contractor. Any attempted assignment shall be null and void.
14.Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time
or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or
registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or
required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim
to city.
15.Audits by City. During the term of this Contract and for a period of not less than three (3) years after the
expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related
CITY OF PALO ALTO IFB 150651
roy. 12/00
PAGE 3 OF 7
16.
17.
18.
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.
Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents,
designations, notices, offers, requests and statements given by either party to the other shall be in writing and
shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States
mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission,
if sent to the telephone FAX number set forth below during regular business hours of the receiving party and
followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in
accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and
service by facsimile transmission.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to:City of Palo Alto
Utilities Department
250 Hamilton Avenue
Palo Alto, CA 94303
Attn: Patrick Valath, Project Manager
To Contractor:Arguss Communications, Inc. dba Can-Am Construction
250 Fischer Avenue
Costa Mesa, CA 92626
Attn: Randall Pierce
Appropriation of ~ity 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.
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 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 any 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.
CITY OF PALO ALTO IFB 150651 PAGE 4 OF 7
rev. 12/00
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 pad
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 o# a
Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be
extended to the following Business Day.
Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising
out of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose,
California. The intent 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 other,vise, mediation shall take place in San Jose,
California. In the event that litigation is commenced by any party hereunder, the parties agree that
such action shall be vested exclusively in the state courts of California in the County of Santa Clara or
in the United States District Court for the Northern District of California.
CITY OF PALO ALTO IFB 150651
rev. 12/00
PAGE 5 OF 7
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 matedal 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.
ATTEST:
City Clerk
APPROVED AS TO FORM:
CITY OF PALO ALTO
By:.
Its Mayor
Senior Assistant City Attorney
APPROVED:
Assistant City Manager
Director of Utilities
Director of Administrative Services
Insurance Review
CONTRACTOR: Arguss Communications,
dba Can-Am Co~<str4jction
Name Randall D. Pierce
Title:President
I nc.
Name: Flora Jeng
Title Assistant Secretary & Controller
(Compliance with California Corporations Code 313 is required if the entity
on whose behalf this coW.act is signed is a corporation. In the alternative,
a certified corporate resolution attesting to the signatory authority of the
individuals signing in their respective capacities is acceptable.
CITY OF PALO ALTO IFB 150651
rev. 12/00
PAGE 6 OF 7
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF K_~Li FO ~ i/~)
COUNTY OF
On tg-
name(s)j~/are subscribed to the within instrument and acknowledged to me that.b~ishelthey executed the
same in M,sfl3~/their authorized capacity(ies), and that by bis/berltheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
CITY OF PALO ALTO IFB 150651
rev. 12/00
PAGE 7 OF 7
PART II - INSURANCE REQUIREMENTS FORM 650
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW,
AFFORDED BY COMPANIES WITH A BEST’S KEY RATING OF A:X, OR HIGHER, LICENSED TO TRANSACT
INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
TYPE OF COVERAGEREQUIRED REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE-AGGREGATE
YES WORKER’S COMPENSATION STATUTORY
YES COMPREHENSIVE GENERAL
LIABILITY, INCLUDING PERSONAL
INJURY, BROAD FORM PROPERTY
DAMAGE BLANKET CONTRACTUAL,
AND FIRE LEGAL LIABILITY
COMPREHENSIVE AUTOMOBILE
LIABILITY, INCLUDING, OWNED,
HIRED, NON-OWNED
YES
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
BODILY INJURY
EACH PERSON
EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
ALLDAMAGES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,ooo,ooo
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: BIDDER, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY BIDDER AND ITS
SUBCONTRACTORS,IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY
AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
II.
INSURANCE COVERAGE MUST INCLUDE:
A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF
COVERAGE CANCELLATION; AND
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S
AGREEMENT TO INDEMNIFY CITY - SEE PART II, SECTION 500, FORMAL CONTRACT (SAMPLE).
SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION AND
SECTION V, BELOW.
NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
Libert~ Mutua!
NAME, ADDRESS, ANDPHONENUMBEROFYOURINSURANCEAGENT/BROKER:
Len Dwojeski, Willis of Pennsylvania, Inc. Radner Corporate Center
Bldg 5, Suite 200, P.O. Box 9052, Radner, PA 19087-9052
POLICYNUMBER(S):
G.L. RG2631004260012, Auto# AS2631004260022
W.C.# WA263D004260032
CITY OF PALO ALTO IFB 150651 PAGE 1 OF 2
PARTII-INSURANCE REQUIREMENTS
D.DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000
APPROVAL):
We are self insured with Liberty Mutual administering the plan.
FORM 650
REQUIRE CITY’S PRIOR
III.
IV.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND BIDDER’S SUBMI’rq’AL
OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS SPECIFIED HEREIN.
ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES"
A.PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTINGWITH ANY
OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES.
B.CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C.NOTICE OF CANCELLATION
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE
NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY
(30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW.SIGNATURE(S) MUST BE SAME
SIGNATURE(S) AS APPEAR(S) ON SECTION 300A.
Firm:Arguss Communications, Inc. dba Can-Am Construction
Signature:
Name:
Signature:
Name:
Randall Pierce
~"-~,-~ ,/~}~//(Pdnt or type name)
Flora Je~g
(Print or type name)
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303.
CITY OF PALO ALTO IFB 150651 PAGE 2 OF 2
BID SUMMARY - ATTACHMENT -B
Northampton/Southampton -
BORING/TRENCHING and
CONDUIT Installation
Northampton/Southampton - BOXES,
VAULTS, PADS &
MISCELLA~NEOUS WORK
Baylands - BORING/TRENCHING -
CONDUIT Installation
Engineer’s
Estimate
$482,100.00
$122,300.00
$146,800.00
$751,200.00
IArguss Communications,
!Inc - dba Can-Am
Communication
$279,200.00
$115,775.00
$125,070.00
$520,045.00
Under~ound
Construction Co. Inc.
$398,200.00
$65,800.00
$139,780.00
$603,780.00
CMR:309:03
~R.
ENG~
DR.~,WN
CHECK’::
NORTHAMPTON/ SOUTHAMPTON
& BAYLAND PRO~CTS
CITY OF PALO ALTO
CALIFOR.N!A
III