HomeMy WebLinkAbout2001-02-20 City Council (17)City of Palo Alto
City Manager’s .Report
TO:HONORABLE CITY COUNCIL
10
FROM:CITY MANAGER DEPARTMENT: UTILITIES
DATE:FEBRUARY 20, 2001 CMR:139:01
SUBJECT:APPROVAL OF CONTRACT IN THE AMOUNT OF $267,210 WITH
POWER ENGINEERS, INC. FOR ENGINEERING AND DESIGN
SERVICES FOR PARK BOULEVARD SWITCHING STATION
RECONSTRUCTION ELECTRIC CAPITALIMPROVEMENT
PROGRAM PROJECT 0006
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Power
Engineers, Inc. in the. amount of $232,210 for engineering, design and construction
support for the Park Boulevard 60 kilovolt (kV) Switching Station rebuild project.
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with Power Engineers, Inc. for related, additional but
unforeseen work, which may develop during this design phase of the project, the total
value of which shall not exceed $35,000.
CMR: 139:01 Page 1 of 4
I)ISCUSSION
Proiect Description
The Park Boulevard Switching Station is the central tie for 60kV subtransmission lines. It
was built in 1956 and later expanded in 1968. With the current bus configuration, a single
failure could result in a total power outage to the Stanford Business Park. To improve the
system reliability, staff proposes to rebuild the existing station in a new configuration which
will keep the Stanford Business Park substations energized even if a bus fault occurs at Park
Boulevard station. In addition, aesthetics of the surrounding area will be greatly improved
by eliminating existing twenty-five-foot tall structures.. Outside engineering, services are
required to re-design the station and prepare the turnkey construction specifications for the
existing Park Boulevard switching station.
The scope of the professional services to be provided under this contract agreement are the
following:
Field investigation of substation information needed for the new low profile design
and verification of electrical clearances to meet relevant codes and regulations.
Consultant shall verify all information for its accuracy and prepare the preliminary
design.
Formulation of a recommendation to the. City for the most appropriate, reliable and
a cost effective protection system available. The report shall explain how the new
digital fiber-opti based system would work and will suggest an implementation plan.
Preparation of an estimate of the total construction cost to implement the project
including cost of all equipment, materials, relaying system, hardware etc.
Upon finalization of design issues and the new protection system, preparation of the
project construction drawings which shall include all civil, structural, mechanical and
electrical installations.
Preparation of the bid package with all specifications for the contract construction,
and help in selecting a capable and qualified contractor for the job since inherent
construction challenges exists for project of this nature.
Limited field support during the testing and construction phase of the project in
coordination with City staff.
CMR: 139:01 Page 2 of 4
Selection Process
On October 17, 200, staff sent a request for proposals (RFP) to nine f’n’rns specializing in
substations and protection design. The .proposal period was28 days. Two firms submitted
proposals (Duke Engineering and Power.Engineers, Ine). Firms not responding indicated that
they did not submit a proposal because they were too busy.
Staff reviewed the two proposals and recommends that the proposal of Power Engineers
($232,210) be accepted. Staff feels that due to the in-depth comprehension demonstrated
by the response to details for all critical design and outage issues, and concerns demonstrated
for this rebuild project, Power Engineers is the best responsive proposer.. The RFP
evaluation summary is shown in attachment "B". A contract contingency fund in the amount
of $35,000 is recommended for this phase of the project for unforeseen tasks or services.
RESOURCE IMPACT
Funding is available in the fiscal year 2000-01 Electric Capital Improvement Program budget
for the new Park Boulevard Substation Bus Rearrangement Project (0006) to cover the cost
of .this professional service contract.
This action has minimal impact on Utilities staff, since an outside consultant will perform
the majority of the required engineering and design.
POLICY IMPLICATIONS
The award of this contract does not represent any change to existing City policies.
¯ ENVIRONMENTAL REVIEW
This project is categorically exempt from California Environmental Quality Act.
ATTACHMENTS
Contract
RFP Evaluation Summary
CMR:139:01 Page 3 of 4
PREPARED BY:
Merajul Hoque, Power Engineer
DEPARTMENT HEAD:
ULRICH
of Utilities
CITY MANAGER APPROVAL:
Assistant to the City Manager
CMR:139:01 Page 4 of 4
CONTRACT NO.
BETWEEN THE CITY OF PALO.ALTO AND
POWER" ENGINEERS~ INC.
FOR CONSII~TING SERVICES
This Contract No.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
Power Engineers, Inc., an Idaho corporation, located at. 3940
Glenbrook Drive, ¯Hailey, ID 83333
RECITALS:
WHEREAS, CITY desires certain professional consult-ing
services (,Services") and the preparation and delivery of, without
limitation, one or more sets of documents, drawings, maps, plans,
designs, data, calculations,, surveys, specifiqations, schedules or
Other Writings ("Deliverab~es") (Services and Deliverables are,
collectively, the "Project"), as more fully described in Exhibit "A";¯
and Exhibit "B" for Park Blvd. 60kV Switching Station Rebuilding
Project .¯
WHEREAS,-CITY desires to engage CONSULTANT, including its
employees, ¯if.any, inproviding the Services by reason of its
qualifications and expe~ience in performing the. Services, and
CONSULTANT has offered to complete the Project on the termsand in
the manner, set forth herein; ¯
NOW, THEREFORE, inconsideration of. the covenants, terms,
conditions,, and provisions of this Contract, the parties agree:
SECTION- I.TERM
i.I° This Contract will commence on the date’ of its
execution by CITY, and will terminate upon the completion of the
Project, unless this Contract is earlier terminatedby CITY. Upon
the receipt of CITY’s notice to proceed, CONSULTANT will commence
work on the initial and subsequent Project tasks in accordance with
the time schedule set forth in Exhibit "A". Time is of the essence
of this Contract. In the event thatthe Project is not completed
within the time required through any fault of CONSULTANT, CITY’s
city manager, will have the option of extending .the time schedule
for any period of time.. This provision will not preclude the
recovery of damages for delay caused by CONSULTANT.
010118 00~98~
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SECTION 2.SCOPE OF PROJECT;’ CHANGES & CORRECTIONS
2.1 The scope of~Services-and ~e~iverables constituting
the Project will be performed,.de!ivered or executed by CONSULTANT
under the phases ofthe Basic.Services as d~scribed be!Qw..
2.2 CITY may order substantial changes in the scope or
character-of the Basic Services, the Deliverables, or the Project,
either decreasing or increasing the amount of work required of
CONSULTANT. In the. event that-such .changes are ordered, subject to
the approval of CITY’s City Council, as may be required, CONSULTANT
will be. entitled to full compensation .for all work performed prior
to CONSULTANT’s receipt of the noticeof change and further will be
entitled to an extension of the time schedule. Any increase in
compensation for substantial _bhahges will be determined in
accordance with the provisions.of thisContract. CITYwill not be
liable for the~ cost or payment of any change-in wor.k,unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY .before CONSULTANT commences
the performanc# of any such change in work.
2,3. Where the Project entails the drafting and.
submission~ .of Deliverables, for example, construction plans,
drawings, and specifications, .any and all %rrors, omissions, or
an%biguities in.the Deliverables, which are discovered by CITY
before invitations to bid on a construction project (f0r"which-the
Deliverabies are required) are. distributed by CITY, will be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
2.4 Any and all .errors, omissions, or ambiguities in the
Deliverables, which are discovered by’ CITY after the construction
contract is awarded by CITY,. will be performed by CONSULTANT, as
follows:" (a) at no cost to CITY insofar as those Services,
including the Basic Services or .the Additional Services, as
described, below, or both, will result in minor or nonbeneficial
changes in the construction work required of the constructlon
contractor.; or .(b) at CITY’s cost insofar as those Services,
.including the Basic Services or the Additional Services, or both,
will add a direct and substantial ..benefit t.o the construction work
required of the construction contractor,. The project manager in
the reasonable exercise of his or her discretion will determine
whether the Basic Services or the Additional Services, or both,
will contribute minor or .substantial benefit to the construction
work.
SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF
CONSULTANT
3.1 CONSULTANT represents and warrants that it has the
expertise and pr6fessional qualifications to furnish or cause tobe
2
furnished the Services and Deliverables. CONSULTANT further
represents .and warrants that the project director :and every
individual, including any consultant (.or contractors), charged.with
the performance of the.Services are duly licensed or certified b#
the State of California, . to the .extent such licensing¯ or
certification isrequired by law to per~orm~h¯~¯~S~rvice~’i~’d"th~t
the Project .will be executed by them or under their .supervision.
CONSULTANT will furnish toCITY for approval, prior to execution¯
of this Contract, a list .of all individuals and the names of their
employers or principals to be employed as consultants..
3,2 In reliance on-the representations and warranties
.set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Project.
/3.3 CONSULTANT .will assign John McGrew as project
director to have supervisory responsibility for the performance,
progress, and execution¯ of. the Project. Chuck Cadiente, P~E. will
be assigned as the. project coordinator who will represent
CONSULTANT during the day-to-day work on the Project. If
circumstances or conditions subsequent to. the execution of this
Contract cause the substitution of the project director or project
coordinator for¯ any reason,, the appointment of a substitute project
director or substitute project coordinator.will be subject to the
prior written approval of the project manager.
3..4 CONSULTANT represents.and warrants that it will:
3.4.1 Procure all permits and licenses, pay all
charges and fees,-and¯ give all notices which may be necessarY and.
incident to thedueand lawful prosecution of the Project; .!
3.4.2. .Keep itself fully informed Of all existing, and
future Federal, State of California, and local, laws, ordinances,
regulations, orders, and decrees which may affect thoseengaged, or
employed under this Contract and any-materials used in CONSULTANT’~
performance ofthe Services; ~.
3.4.3 At all times observe and comply with, and cause¯
its employees and consultants, if any, .who.~are assigned to the
performance of this Contract to observe and comply with, the laws,
ordinances, regulations~ orders and decrees mentioned above; and
3.4.4¯. Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it ~discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the Deliverables.
3.5 Any. Deliverables given to, or prepared or assembled
by,. CONSULTANT or its consultants, if any, under this Contract will
become the property of ~TY and will.-not be-made available to any
individual or organization by CONSULTANT or its .co’nsultants, if
any, without the-prior written approval of the.city manager..
3..’6 CONSULTANT will provide CITY with three.(3) copies
completion and acceptance by CITY.
3.7 If.CITY requests additional copies of any documents
which are a part of the Deliverables, CONSULTANT will provide such.
additional.copies and-CITY will compensate CONSULTANT for its
duplicating, costs.
3.8 CONSULTANT ’wiil be ~esponsible for employing or
engaging all persons necessary to execute the Project. All
consultants of CONSULTANT will be deemed to be directly controlled
and supervised.by CONSULTANT, which will be responsible for their
performance. If any employee or consultant of CONSULTANT fails or
refuses to carry out the provisions, of thfs Contract or appears to
be incompetent or-to act in a disorderly or improper manner, the
.employee or consultant will be discharged immediately from further
performance under this Contract. on demand of the project manager.
3.9 In the ~ex~cution ~f the- Project, CONSULTANT and its
consultants, if any, will at all times be considered independent
contractors and not agents or employees of CITY.
3.10.CONSULTANT ¯will perform or obtain or cause to be
performed or obtained any and all .of the following Additional
Services, not included under ~the Basic Services,.if.so authorized,
in writing,. by CITY:
3.10.1 Providing services as an expert witness in
connection with ~ny. public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
’ 3.10.2 Incurring travel and sU’bsistence expenses fo~
CONSULTANT and its staff beyond those .normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may. be agreed upon by .the parties subsequent to the execution of
this Contract; and
3.10.4 Other Additional Services now or hereafter
described in Exhibit "A" to this Contract.
3.11.CONSULTANT will be responsible for employingall subconsultants deemed necessary to. assist CONSULTANT in the
performance-of the Services. The appointment of subconsultants
must be approved, in advance, by CITY, in .writing, and must remain
accept.able to CITY during the term of this Contract.
SECTION 4. DUTIES OF CITY
services listedin Exhibit "A" and such information regarding its
9equirements applicabie to the Project as may be reasDnably
requested by CONSULTANT.
-4.2 CITY w±l~l review¯ and approve, as.necessary, in a
timely manner theDeliverables and¯each phase of work performed by
CONSULTANT. ¯CITY’s estimated time of review and approval will be
furnishedto CONSULTANT at the time of submiss±on of each PSase of
work.-¯ CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it ex~remely difficult for C~TY to firmly
establish the time of each review and approval.task. CITY’s’failure
to¯review and approve within theestimated time schedule will noZ
constitute a default under this Contract..
4.3 The city manager will represent CITY¯ for all
purposes under this Contract. Merajul Hoque, Power ¯Engineer, is
designated as the project manager for the city manager. T~e
project, manager will supervise the performance, progress, and
execution of.the Project, and will be assisted by Tom Finch, .the
Senior Power Engineer.
4.4 If CITY observes or otherwise becomes aware of any
default in the performance of CONSULTANT, CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner. "
SECTION 5.C~MPENSATION
5.1 CITY will compensate CbNSULTANT for the followin.~
services and work:
5.1.1 In consideration-of the full.performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed Two ¯Hundred Thirty-Two
thousand Two Hundred Ten Dollars (.$232,.2110). The amount of
compensation will be calculated in accordance with the cost
schedule set forth, in Exhibit "A" (Section 5), on a-time and
materials basis, up to the maximum amount set forth in this
Section.
5.1.3 The full payment of. charges for extra work or
Changes, or both, in the execution of.the Project.will be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the project manager. Payment will be
5
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both. Prior to-commencing such extra work or. changes,
or both, the pa~ties will ~agree upon an estimated maximum cost for
such extra work or changes.. CONSULTANT will not be paid for extra
¯ work or..changes,,.-.includingi.without~limi.tati-on~i°~any-’de~:i~.-work"or
change order preparation, which is-made necessary on account of
CONSULTANT’s errors, omissions, or oversights~
5.1.4 Direct personnel expense of employees assigned
.to ~he execution of the Project by CONSULTANT will include only the
work of architects, ~engineers, designers, job captains, surveyor.s,
draftspersons, specification writers and typists, in consultation,
research and design, work in producing drawings, specifications and
other documents pertaining.to the Project, and in services rendered
during construction at the site,¯ to the extent such services are
expressly-contemplated under this Contract. Included in the cost
of direct .personnel exp4nse of these employees are salaries and
mandatory¯ and customary benefits such as statutory employee
benefits, insurance, sick leave, holidays and vacations, pensions
and similar benefits.
5.2 The schedule of payments¯ will be.made as foli0ws:
5.2.1 Payment of the Basic Services will be made in
monthly progress payments in proportion to, the quantum of services
performed, or in accordance with any other schedule of payment
mutually agreed upon by the.parties, as set forth in Exhibit "B",
or within thirty (30) days of submission, in triplicate, ofsuch
requests if a schedule of payment is not specified. Final payment
will be made by CITY after CONSULTANT has. submitted all
Deliverables, including, without limitation, reports which have
been approved by the project manager.
5’.2.2 Payment of the -Additional Services will be
made in monthly progress payments for services rendered, withi~
thirty (30) days.of submission, in triplicate, Drsuch requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on.account of.pena!ties, liquidated damages, ¯0r other
sums withheld by CITY from payments to general contractors.
SECTION 6. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
6.¯1 Records of the direct personnel expenses- and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the Project will be
prepared, maintained, and retained.by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
to CITY for auditing purposes at mutually convenient times during
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the term.of this. contract .and for three (3) years following the
expiration or earlier termination of this Contract.
6.2 The originals .of theDeliverables prepared by or_
unde~ the direction of CONSULTANT in the performance of this
~Contr~c-t.--w~l~.~-become~.the-..~property ofoCITyoirre~p~c~t~e--oT’Whe~h~
the Project is completed upon CITY’s payment of the amounts
required to be paid to. CONSULTANT. These ~originals Will be
delivered to CITY without additional compensation. CITY will have
the right to utilize any final and incomplete-drawings, estimates,
specifications, and any other documents prepared hereunder by
CONSU.LTANT, but CONSULTANT disclaims any responsibility or
~_liability for any alterations or modifications of such documents.
SECTION 7. INDEMNITY.
;7.1 CONSULTANT agrees to. pro£ect, indemnify; defend and
hold harmless CITY~ its Council members, officers., employees and
agents, from any. and all demands., claims,..or .liability of any
nature, including death or injury to any’person~ property damage or
any other loss, caused by or arisingout of CONSULTANT’s, its
officers’, agents’, consultants~’ or employees’ negligent acts,
errors, or omissions, or willful’misconduct, or conduct for which
.applicable law may impose strict liability on CONSULTANT in the
performance of or f~ilure to perform its obligations, under this
Contract.
SECTION 8. WAIVERS
8.1 The Waiver by either party of any breach or-
violation of any covenant, term, condition or provision of this
Contract or of the provisions of any ordinance .or law will n\Dt be
deemed to be a waiver of any such covenant, term, condition,
provision, ordinance, or law or of.. any subsequent breach or
violation of the same. or .of any other covenant, term, condition,
provision, ordinance or law.. The subsequent acceptance by either
party of any fee or other money, which may become due hereunder will
not be deemed to’be a waiver of any preceding breach or violation
by the other party of any covenant, term;, condition or provision of
this Contract or of any applicable law or ordinance.
8.2 No payment, partial payment, acceptance., or partial
acceptanceby CITY will operat~ as a waiver on the part of CITY-of
any of. its rights Under this Contract.
SECTION 9. INSURANCE
9.1. CONSULTANT~ at its sole cost and expense, will
obtain and maintain, in-full force and effect during the term of
this Contract, ~the insurance coverage described in Exhibit "C",
insuring not only CONSULTANT and its consultants, if any, but also,
with theeXception, of.workers’ compensation, employer’s liability
and professional lia.bility insurance, naming CITY as an additional
.insured c.oncerning CONSULTANT’s performance under this Contract.
¯9.2 All insurance coverage reqUired hereunder will be
providedo.t.hrough,~carr~ers.w±th
-A:VII. or higher, which are admitted to transact insurance business
in the State of Calif0rnia. Any and all consultants of CONSULTANT
retained to~.perform Services under this Contract will obtain and
maintain, i~. full force and effect during the term of this
Contract, identical, insurance coverage, namin~ CITY as an
additional insured under such policies as required above.
9.3 Certificates of such insurance, preferably on. the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval, of CITY’s risk .manager and will contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer, except after filing with
the CITY’s city clerkthirty (30)days’ prior written notice of such.
cancellation or alteration, and that the~City of Palo Alto is named
as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will bekept on
file at all times during the term of this Contract Wi~h the city
clerk. ~.
9.4 The procuring of such required policy or policies
of insurance will not be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the indemnification .provisions of this
~ontract. Notwithstanding the policy or~poiicies of insurance,
CONSULTANT will be obligated for the full and total amount of any
damage, injury, or loss causedby or d.irectly arising as a result
of the Services .performed under this Contract., including such
.damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION, 10. WORKERS’ COMPENSATION
I0.I CONSULTANT, by executing this contract, certifies
that it is aware of the provisions ~of the Labor Code of the State
of California which require every employer to be insured against
liability for workers’ compensation or to .undertake self-insurance
in accordance with the provisions of that Code,..and certifies that
it will ~ comply with such provisions, as applicable, before
commencing the performanceof the Project.
PROJECT
SECTION Iio TERMINATfON OR SUSPENSION -OF CONTRACT OR
ii.I The city manager may suspend the execution of ¯th’e¯
Project, ~nowhole..or. in-p~-rt, or term±nate"this"’COnt~~it~L:6~
without cause, by;giving thirty (30) days’ prior written notice
thereof to CONSULTANT,~ or immediately after submission to CITY by
CONSULTANT of ~ny completed item of Basic Services. Upon receipt
of such notice, CONSULTANT will immediately discontinue- its
performance under this Contract.
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project by giving thirty (30) days’ prior
written notice thereof to CITY, but only in t~e event of a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its requ4st for the initiation
or continuation of Basic SerVices or the execution of the Project.
11.3 Upon such suspension or termination by. CITY,¯
CONSULTANT will be compensated for the Basic Services. and
Additional Services performed and Deliverables received ¯and
approved prior to receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Project is resumed after it
has been suspended for more than. 18.0 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary~ approval of CITY’s City Council. If this ~Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate.benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
11.4 In the event of termination of this Contract or
suspension of work on the P~oject by CITY where CONSULTANT is no~
in default, CONSULTANT will ¯receive compensation as follows:
11.4.1 For ¯approved items of services, CONSULTANT will
be compensated for each item of servioe fully performed, in the
amounts authorized under this contract.
11.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which.are not fully¯
performed, CONSULTANT will be compensated for each item of¯ service
in an amount Which bears the same ratio to the total fee otherwise
payabZe for the performance of the service as the quantum of
service actually rendered bears to.the services necessary for the
full performance of that item of service.
11.4.3 The total compensation payable under -the
preceding Paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
will deliver to the city manager immediately any and all copies of
the Deliverables, whether ornot completed, prePared by CONSULTANT
or its consulhan~s, if .any, or given to CONSULTANT or its
consultant~,, if any, in connection with this Contract.. Such
materials will become the prope~%y of ~ITY. ’
11.6 The failure of CITY to agree with COnSULTANT’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, onthe basis of differences in
matters of judgment, will not be construedas a failure on the part
of CONSULTANT to fulfill, its obligations under this Contract.
SECTION 12.ASSIGNMENT
121.1 This Contract is for the personal services of
CONSULTANT, therefore, -CONSULTANT will not assign, transfer,
convey, .or otherwise dispose Of this Contract or. any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A con~ent to one assignment will not be
deemed to be . a consen~ to .any subsequent assignment. Any
assignment made without the approval of CITY will be void and, at-
the. option of the city manager> this Contract may-beterminated..
This Contract will not be assignable by’operation of law.
SECTIONoI3.NOTICES
13.1
and mailed,
follows:
To CITY:
All notices hereunder will be given, in writing,
postage, prepaid, by certified mail, addressed as
Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above.
SECTION 14. CONFLICT-OF INTEREST
14.1In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and will not acquire any
interest, direct~or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
I0
14.2 CONSULTANT .further covenants that, in ¯ the
performanhe of this Contract, it will not employ contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that.no"one who’has or will haveany financial interest
under this Contract is an officer or .employee of CI.TY; this.
provi~sion¯ w~ll ~be.inte-~preted~-~in accorda~°w±thth~-app~c~bT~ ................
provisions of the Palo Alto Municipal Code.rand the Government. Code
of the State ofCalifornia.
¯SECTION ’15_NoNDI-SCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of. persons under this
Contract because of the age, race, color., national origin,
angestry, religion, disability, sexual ~preference.orgender of such
person. If the value of this Contract is, or may be, five thousand
dollars ~$5,000) or. more, CONSULTANT agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished byCITY and set forth in Exhibit "D".
15.2 if CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, itwill be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for ~ach
calendar day during which such person was subjected to
discrimination, as damages for breach of-contract, or both. Only
a finding of.the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of %his Contract.
SECTION 16. MISCELLANEOUS PROVISIONS
16.1. CONSULTANT represents and warrants that it
knowledge of the requirements of the federal Americans with
Disabilities Act of 1990, and the Government Code and the Health
and Safety Code of the State of California, relating to access to
.public buildings and accommodations for disabled persons, and
.relating to facilities for disabled persons. CONSULTANT will
comply with or ensure by its advice that .compliance with such
provisions will be effected pursuant to the terms of this Contract.
16.2 Upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract may be settled
by arbitration in accordance with the Rules of the American
Arbitration Associatlon, and judgment upon the award rendered by
the .Arbitrators may be entered in any court having jurisdiction
thereof.
11
16.3 This Contract will be governed by the laws of~the
State of California, excluding its conflicts of law...
16.4 In the event ithat an action°is brought, the parties
state courts of .California Lor in the United States District Court
for the Northern District of California in the County.of Santa
Clara, State of California.
16.5 The prevailing party in any action brought to
enforce the termsof this Contract or arising out of .this Contract
may recover its_reasonable_ costs and attorneys’ fees expended in
connection with that action.
16.6 This document represents the entire and integrated
Contract between the parties and supersedes all prior negotiations,
representations, and contracts, either written or oral. This
document may be amended only"by a written instrument, which is
signed.by the parties.
.16.7 All provisions of this Contract, whether covenants
Or conditions, will be deemed to be both covenants and conditions.
16.8 The covenants, terms,’conditions and provisions of
this Contract will apply to, and will bind, the helrs, successors,
executors, administrators, assignees, and consultants, asthe case
may bej of the parties.
16.9 If a court of Competent jurisdiction finds or rules
that. any provision of this.Contract or any amendmeht thereto is
void~or unenforceable, the unaffected provisions of this Contract
and any-amendments thereto will. remain in full force and effect.
16.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any. duly executed.amendment heretb
are by such reference incorporated in this Contract. and will be
deemed to be a part of this Contract-.
16.11 This Contract may be.executed in any number of
counterparts, each of which will be an original, but all of which
together.will constitute one and the same instrument.
16.12 This Contract is subject to the fiscal provisions
of the Charter of the.City of Palo Alto and the Palo Alto Municipal
Code~ ~ This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not .appropriated
for the following.fiscal .year, or (b)"at any time within a fiscal
year in the event that funds are only appropriatedfor a.portion of
the fiscal year and funds for this Contract ..are no longer
12
available. This Section 16.12 will take precedence ¯in the event of
a¯ conflict with any other covehant, term, condition, or provision
of this Contract.
IN WITNESS WHEREOF, .the parties hereto have by. thei~ duly
authorizedorepresentative~.executed .thi.s~-.Contr~ct~-on,..the~.~date~.~.~.rst ............
above, written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:¯.
Senior Asst. city Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Utilities
Mayor
POWER ENGINEERS, INC...
By:
Name:
Title:
By:
Name:
Title:
.Risk Manager Taxpayer Identification No.
8210824246
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT ’!C":
EXHIBIT "D":
(Compliance with Corp. Code § 313 i~
required if the entity on whose behalf
this contract is signed is a corporation.
In t-he alternative, a certified, corporate
resolution attesting to the ¯signatory
authority of the individuals signing in
their respective .caPacities is acceptable)
POWER ENGINEERS PROPOSAL ~
CITY RFP #126045 ISSUED ON OCTOBER 17, 2000
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
13
CERTIFICATE OF ACKNOWLEDGMENT
¯ " " (.Civil Code § 1189)
.. on. , 2001, before me, the undersigned, a
Notary P~blic in and for said County and State, 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.
WITNE:SS myhand and official seal.
~ignature¯of Notary Public
14
CERTIFICATE OF ACKNO~WLEDGMENT.
¯ . (Civil Code § .1189)
STATE OF )
COUNTY OF " ),".
On ., 2001, before me, the undersigned,, a
Notary Public in and for said County and State, .personally appeared
, personallyknown to
me or proved ~o 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/t~eir authorized capacity(ies), and~that by his/her/their
signa~ure(~) 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 .of Notary Public
i5
Item Evaluated
Pa~e I of 3
Proposals Evaluation
Park Blvd Switching Station : Engineerin~ &
Re-design for the 60kV Rin~ Bus + Fiber Based Backup Relavin8 System
City RFP # 126045 on November, 2000
Power Engineers Duke Engg./Svc~ Remarks
RFP Responsiveness
Substation Expertise &
Proficiency in Low
Profile Design
PBS Project
Understanding.
Experience with HCB
Pilot Wire Protection &
its Upgrade/Redesign of
Fiber-Optic Channel
Staffing Strength &
Capability as relates to
RFP.
Does Consultant
Effectively Addresses
Concerns About PBS
Rebuild Issues?
How Capable to Handle
PBS Rebuild design?
Budget/Cost Magnitude.
Quite responsive..Project
tasldsubtasks shown are
detailed;
Impressive. Strong in
substations.
Comprehensive proposal.
Understands the
outage/construction
challenges for this project &
overall needs of this project.
Indicates general
approach to the
project.
Inadequate
response to RFP.
Moderate. Shows
more capability in
energy marketing,
generation, power
plants & industrial
design, business
planning, nuclear
power etc.
Took a generic
design approach.
Strong & capable.
Working in Sama Clara on
LCB fib.er-optic design
Very good & relates well to
PBS project.
Offers a careful project
strategy. Envisions plans
for
outage/clearance/operation
issues ...proposes viable
options for shoe-fly
installation/design.
No demonstrable
expertise
/experience in
particular Pilot
Relaying (HCB).
Moderate. PBS
project related
strength is unclear.
Not clear. Duke did
not respond to
clarification request
for the shoe-fly
mstallation / design
and its cost impact.
See page-3.See page-3.
Duke took significant
exceptions in Section -
8.
Looks like Duke did
-not grasp the project
special needs.
Charles Neher of
Power Engineers shows
strong in
control/communication
PowerEngineer has
prior experience with
City electric utility.
Recommendation:
Pa~e-2 of 3
Initiate CMR and a City Contract with Power Engineers, Inc for a complete
engineering/design (includes civil, mechanical & electrical) and support during
bidding/construction etc. for $232,210.
Note:
Power Engineer offers coml~lete engineering.& design with additional field support
during construction for $232K (approx.). Powers’ approach to this project will have
minimum impact to the City staff. Power has a very good understanding of the challenges
for this project. Proposal is quite responsive,
Duke Engineering proposal does not indicate the clarity of understanding of the PBS
rebuild project’& its complex, outage/constructions/clearance issues. Dukes’ proposal
took exceptions and requires for City support on civil design (su~eying, design plot plan,
soil investigations etc). City help is sought for establishment of design criteria including
cable / raceway standards. Duke lower costing for basic design package is likely to . !
escalate because of exceptions taken.
Evaluated By: M. Hoque .~December 20, 2000
Reviewed By:T. Finch. ~’~_ ,~.~6~-"
Approved By ; Tomm Marshall~~
Bud,Com Darison
RI~ Main Five Task Items
ITEM-1
Meet tfdlity staff, check, clearances, obtain all existing
drawings & design data/into, etc.
Job-site inspection, design data and design criteria
establish."
ITEM-2
Recommend for appropriate back-up’relaying and integrate
design with HCB P/Wire relaying using Fiber-Optic
Channels of the City Of Palo Alto, and SCADA system.
Pre~ary scheme for a new 60kv protection system.
ITEM.3
Analyze Fiber Channel backup relay systems and
recommend system.
Selection of the best-cost effeOive and reliable system.
ITEM-4
Preparation for project cost and main design to reconfignre
to low profile 60kV bus + the proposed fiber optic based
backup protection system
Costing for the contract construction, incl. materials,
labor, installation, testing & commissioning,. Submittal
of the Initial desi~n package for City review).
rf~M-5
Detailed design and specifications for bus
re, configuration mid new proteCdon backup system. - ALL
construction drawings/bid items.
First at 50% design submittals and 100% submittals
upon City review. Prepare completed construction
drawings + specification for Bidding (for Civil,
Mechanical, Electrical, Test/Commission-turn Key
Construction).
Duke Engineers
5,30o
$18,200
(HCB re-design experience
is not evident ).
$10,30o
HCB/Fiber-Optic design
experienco is not evident ).
$11,400
$93,900
-LOW
(Does not include design of
60kV shoe-fly & planning
clearance for PBS).
Pa~e 3 Of 3
Power Engineers
$14,782
(Revised on clarifiCationof task
items. Initial was $17,782)-
LOW
$3649
LOW
$3649
LO.W
$2108
LOW
$182,860
(Revised on clarification of task
items. Initial - $168,386 ....
Includes Complete
Design/Engg.+Field Support).
Subtotal: -
(Basic Cost: -Design only)
$149,100 $207,048
ADDITIONAL ITEM
Technical support during construction, bid evaluation,
pre-bid & pre-construction meetings, etc.
No Cost Offered.$25,162
(Standard rate schedule shall
apply for more than three
job-site trips )
Total Cost (Engg./Design + Field support) :-
By" M. Hoque ~ Reviewed By:Compiled
$ 232,210