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HomeMy WebLinkAbout2000-11-13 City Council (25),TO: FROM: City of Palo Alto City Manager’ t HONORABLE CITY COUNCIL I "~ J CITY MANAGER DEPARTMENT: UTILITIES SUBJECT: NOVEMBER 13, 2000 CMR:407:00 APPROVAL OF CONTRACT IN THE AMOUNT OF $195,000 FOR THREE YEARS’WITH BURNS AND McDONNELL FOR ENGINEERING AND INSPECTION SERVICES FOR UTILITY POLE ATTACHMENTS DESIGN AND CONSTRUCTION RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with Bums and McDonnell in the amount of $65,000 per year for Engineering and Inspection Services for Utility Pole Attachments Design and Construction for a period of 12 months starting December 2000. 2.Authorize the City Manager or his designee the option of renewing the contract for up to two additional 12 month periods at a cost of $65,000 each period if the contractor is responsive to the contract requirements, and the quality of the work is acceptable during the first 12 months of the contract. DISCUSSION Background The City of Palo Alto Electric Utility allows third parties to attach and install different cables (fiber-optics, coaxial cable, electric Service, etc.) on its electric Poles through pole attachment permits. The permittees’ design submittals need to be checked and field verified to ensure that each pole attachment design complies with California General Orders 95 and 128. The majority of the poles within the City are jointly owned by the City and Pacific Bell. A small number of poles are either owned outright by the City or jointly owned by the City, Pacific CMR: 407:00 Page 1 of 3 Bell, and the Pacific Gas and Electric Company. Most of the poles have high and low electric voltage cables, telephone lines, and cable television attachments. In some places the City is in the process installing fiber-optic cables. Project Description The engineering services under this Blanket Contract Agreement shall consist of technical review, approval, and field inspection services for electric pole attachment designs submitted to the City by the permittees. This process requires close coordination with the permittees so that utility pole attachment applications may be handled in a timely manner. The total number of pole reviews under this blanket contract will be dependent upon the number of submittals made by permittees. The number is not expected to exceed 2000 poles per year. Given the volume of work anticipated and the special expertise required, consultant assistance is necessary. Proposal Selection Process Staff sent a request for proposals (RFP) on August 31, 2000 to four firms specializing in utility pole attachments design and inspection. The proposal period was 26 days. Only one firm, Burns and McDonnell, submitted a proposal. Another firm, Power Engineers, responded that they would not submit a proposal because they were too busy. Staff reviewed the Burns and McDonnell proposal and found the firm to be well qualified and capable of performing the tasks called for in the RFP. Burns and McDonnell’s cost estimate of $28 per pole attachment design review was considered by staff to be reasonable. Staff recommends that the proposal be accepted and that the contract be awarded to Bums and McDonnell. RESOURCE IMPACT The engineering service for each pole attachment design review is approximately $28. Total j6b orders are anticipated to reach $65,000 per year. Funding for this project is available in the fiscal year 2000-01. Electric Capital Improvement Program budget. All costs for the review of pole attachments will be billed to the permit applicant. The contract renewal for fiscal years 2001-02 and 2002-2003 will be subject to satisfactory performance by the contractor and appropriation of the required funds in these fiscal years. This action has minimal impact on the ~utilities engineering staff, since the main review and approval of designs of the work as well joint pole notification will be handled by the CMR: 407:00 Page 2 of 3 consultant. POLICY IMPLICATIONS The award of this contract does not represent any change to existing City policies. ENVIRONMENTAL REVIEW This project is categorically exempt from the California Environmental Quality Act. ATTACHMENTS A: Contract PREPARED BY: Merajul Hoque, Power Engineer DEPARTMENT HEAD: tor of Utilities kt 6REV SEYM~)UR ¢ Assistant to the City Manager CMR: 407:00 Page 3 of 3 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND BURNS & McDONNELL FOR CONSULTING 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 BURNS & McDONNELL, a Missouri corporation, located at La Palma Corporate Park, 2990 East La Palma Avenue, Suite A, Anaheim, CA 92806 ("CONSULTANT"). RECITALS: WHEREAS, CITY desires certain professional consultin.g services ("Services") and the preparation and delivery of, without limitation, one or more sets of documents, drawings, maps, plans, designs, data, calculations, surveys, specifications, schedules or other writings ("Deliverables") (Services and Deliverables are, collectively, the "Project), as more fully described in Exhibit and at the costs set forth in Exhibit "B". WHEREAS, CITY desires to engage CONSULTANT, including its- employees, if any, in providing the Services by reason of its qualifications and experience in performing the Services, and CONSULTANT has offered to complete the Project on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration 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 terminated by 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 that the 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. SECTION 2.SCOPE OF PROJECT; CHANGES & CORRECTIONS 2.1 The scope of Services and Deliverables constituting the Project will be performed, delivered or executed by CONSULTANT under the phases of the Basic Services as described below: 00t 101 cl 0071941 1 engineering & inspection services for utility pole attachments design and construction. 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 notice of change and further will be entitled to an extension of the time schedule. Any increase in compensation for substantial changes will be determined in accordance with the provisions of this Contract. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performance of any such change in work. 2.3 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 construction 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 to 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 r@presents and warrants thatit has the expertise and professional qualifications to furnish or cause to be 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 by the State of California, to the extent such licensing or certification is required by law to perform the Services, and that the Project will be executed by them or under their supervision. 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. 001101 el 0071941 2 3.3 CONSULTANT will assign Vishwa Tiwari as the project director to have supervisory responsibility for the performance, progress, and execution of the Project. Sunil Pathak, 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 the due and 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 whi’ch may affect those engaged or employed under this Contract and any materials used in CONSULTANT’s performance of the 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 Wiil report in~nediately 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 CITY and will not be made available to any individual or organization by CONSULTANT or its consultants, if any, without the prior written approval of the city manager. 3.6 If CITY requests additional copies of any documents which are a part of the Deliverables, CONSULTANT will provide such additional copies and CITY w±ll compensate CONSULTANT for its duplicating costs. 3.7 CONSULTANT will be responsible 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 this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee or consultant will be discharged intmediately from further performance under this Contract on demand of the project manager. 001101 cl 0071941 3 3.8 In the execution of the Project, CONSULTANT and its consultants, if any, will at all times be considered independent contractors and not agents or employees of CITY. 3.9 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: 3.9.1 Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding,or proceeding of a court of record; 3.9.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.9.3 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.10 CONSULTANT will be responsible for employing all consultants deemed necessary to assist CONSULTANT in the performance of the Services. The appointment of consultants must be approved, in advance, by CITY, in writing, and must remain acceptable to CITY during the term of this Contract. SECTION 4. DUTIES OF CITY 4.1 CITY will furnish or cause to be furnished the services listed in Exhibit ~A" and such information regarding its requirements applicable to the Project as may be reasonably requested by CONSULTANT. 4.2 CITY will review and approve, as necessary, in a timely manner the Deliverables and each phase of work performed by CONSULTANT. CITY’s estimated time of review and approval will be furnished to CONSULTANT at the time of submission of each phase of work. CONSULTANT acknowledges and understands that the interrelated exchange of information among CITY’s various departments makes it extremely difficult for CITY to firmly establish the time of each review and approval task. CITY’s failure to review and approve within the estimated time schedule will not 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. The project manager will supervise the performance, progress, and execution of the Project, and will be assisted by Tom Finch, the senior power engineer. 001101 el 0071941 4 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. COMPENSATION 5.1 CITY Will compensate CONSULTANT for the fol!owing 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 Sixty-five thousand dollars ($65,000). The amount of compensation will be calculated in accordance with the hourly rate schedule set forth in Exhibit ~B", on a time and materials basis, up to the maximum amount set forth in this Section. The fees of the consultants, who have direct contractual relationships with CONSULTANT, will be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. 5.1.2 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 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 parties will-agree upon an estimated maximum cost for such extra work or changes. CONSULTANT will not be paid for extra work or changes, including, without limitation, any design work or change order preparation, which is made necessary on account of CONSULTANT’s errors, omissions, or oversights. 5.1.3 Direct personnel expense of employees assigned to the execution of the Project by CONSULTANT will include only the work of architects, engineers, designers, job captains, surveyors, 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 expense 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 follows: 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", 001101 cl 0071941 5 or within thirty (30) days of submission, in triplicate, of such 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, within thirty (30) days of submission, in triplicate, of such requests. 5.2.3 No deductions will be made from CONSULTANT’s compensation on account of penalties, liquidated damages, or 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 connecti~on 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 the term of this Contract and for three (3) years following the expiration or earlier termination of this Contract. 6.2 The originals of the Deliverables prepared by or under the direction of CONSULTANT in the performance of this Contract will become the property of CITY irrespective of whether 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 CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any alterations or modifications of such documents. SECTION 7. INDEMNITY 7.1 CONSULTANT agrees to protect, 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 arising out 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 failure 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 001101 c10071941 6 Contract or of the provisions of any ordinance or law will not 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 acceptance by CITY will operate 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 the exception of workers’ compensation, employer’s liability and professional liability insurance, naming CITY as an additional insured concerning CONSULTANT’s performance under this Contract. 9.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Ratinq Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Any and all consultants of CONSULTANT retained to perform Services under this Contract will obtain and maintain, in full force and effect during the term of this Contract, identical insurance coverage, naming 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 clerk thirty (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 be kept on file at all times during the term of this Contract with 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 Contract. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result 001101 c10071941 7 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 I0. 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 performance of the Project. PROJECT SECTION ii. TERMINATION OR SUSPENSION OF CONTRACT OR Ii.I The’ city manager may suspend the execution of the Project, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any 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 the event of a substantial failure of performance by CITY or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of Basic Services or the execution of the Project. Ii.3 Upon such suspension or termination by CITY, CONSULTANT will be compensated for the Basi~ 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 180 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 ef 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 Project by CITY where CONSULTANT is not in default, CONSULTANT will receive compensation as follows: 001101 ¢10071941 8. 11.4.1 For approved items of services, CONSULTANT will be compensated for each item of service 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 payable 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. 11.5 Upon such suspension or termination, CONSULTANT will deliver to the city manager immediately any and all copies of the Deliverables, whether or not completed, prepared by CONSULTANT or its consultants, if any, or given to CONSULTANT or its consultants, if any, in connection with this Contract. Such materials will become the property of CITY. 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, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. SECTION 12.ASSIGNMENT 12.1 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 t’o the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be a consent 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 be terminated. This Contract will not be assignable by operation of law. SECTION 13.NOTICES 13.1 All notices hereunder will be given, in writing, and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 001101 c10071941 9 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 14. CONFLICT OF INTEREST 14.1 In 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. 14.2 CONSULTANT further covenants that, in the performance 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 have any financial interest under this Contract is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. SECTION 15.NONDISCRIMINATION 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,_ ancestry, religion, disability, sexual preference or gender 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 by CITY and set forth in Exhibit ~D". 15.2 CONSULTANT agrees that each contract for services from independent providers will contain a provision substantially as follows: ~[Name of Provider] will provide CONSULTANT with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person." 15.3 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, it will be in default of this Contract. Thereupon, CITY will have the power to 001101 c10071941 10 cancel or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each 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 this Contract. SECTION 16. MISCELLANEOUS PROVISIONS 16.1 CONSULTANT represents and warrants that it has 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 Association, and judgment upon the award rendered by the Arbitrators may be entered in .any court having jurisdiction thereof. 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 that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or inthe 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 terms of this Contract or arising out o~ 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 amendedonly 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 heirs, successors, executors, administrators, assignees, and consultants, as the case may be, of the parties. 001101 el 0071941 1 1 16.9 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment 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 hereto 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 appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16.12 will take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. // // // // // // // // // // // // // // 00! 10! c~ 007194!12 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Assistant City Manager Director of Utilities Director of Administrative Services Mayor BURNS & McDONNELL By: Name: Title: By: Name: Title: Taxpayer Identification No. Risk Manager Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "D": (Compliance with Corp. 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) SCOPE OF PROJECT & TIME SCHEDULE BURNS & McDONNELL RATE SCHEDULE INSURANCE NONDISCRIMINATION COMPLIANCE FORM 001101 cl 0071941 13 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , 200_, before me, the undersigned, a Notary Public 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 p~rson(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 001 I01 el 0071941 15 UTILITIES DEPARTMENT PROJECT TITLE: ENGINEERING AND INSPECTION SERVICES FOR UTILITY POLE ATTACHMENTS DESIGN AND CONSTRUCTION REQUEST FOR PROPOSAL (RFP) NUMBER 129351 PART SCOPE OF WORK OR SERVICES PART III - SCOPE OF WORK OR SERVICES ENGINEERING REVIEW & INSPECTION SERVICES FOR UTILITY POLE ATTACHMENTS DESIGN AND CONSTRUCTION 1.01 1.02 GENERAL REQUIREMENTS: ";". ’ The engineering services under this Proposal shall consist of furnishing all technical expertise, and inspection services for review of utility pole design and construction for attachments made to the City of Palo Alto’s utility poles. All pole attachment design calculation submittals will be verified and field installations will be inspected for each pole to ensure that they meet the requirements of General Orders 95 and 128. The attachment submittals must also be sent to the joint pole owners for review. ’, SCOPE OF WORK UNDER THIS CONTRACT AGREEMENT: A=BACKGROUND: The City allows third parties to attach to City owned utility poles through a pole attachment permit. The majority of the poles within the city are jointly owned by the City and Pacific Bell and a small number of poles are either owned outright by the City or jointly owned by the City, Pacific Bell, and Pacific Gas and Electric. Most of the poles have electric primary and secondary, telephone, and cable TV attachments. BRIEF DESCRIPTION OF WORK TO BE PERFORMED BY PERMITTEES: The permittees will be installing aerial twisted pair, coax, and fiber cables and associated strand and pole mounted equipment on existing overhead pole lines located along the streets and in the back yards within the city limits of Palo Alto.~ In some cases, the permittees will be installing underground facilities which will require risers on the poles. C=QUALIFICATIONS: The City of Palo Alto is seeking an experienced Engineering and/or Construction firm (hereafter called Contractor) to provide engineering review of all permit submittals, field inspection/verification for each pole attachment design, and field inspection after construction. D=REQUIREMENTS FOR ATTACHMENT: The City has the following requirements for making an attachment to a utility pole: Pole loading calculations must be submitted for each pole that is contacted, All attachments must comply with the requirements of General Orders 95 and 128. o The City’s joint pole owners must forward submittals for review, ,,After construction the facilities must be inspected to ensure comp!iance with applicable rules. CITY OF PALO ALTO RFP 129351 PAGE 1 OF 3 PART III - SCOPE OF WORK OR SERVICES E=WORK TO BE PERFORMED BY CONTRACTOR: The contractor will be responsible for the following: Obtaining cable and other hardware data/drawings from the permit applicant as needed to revrevv,,and approve the design submittals. o Verifying the accuracy of the cia.ta submitted. ~Reviewing design calculations. ~ ¯Ensuring joint pole owners receive a copy of the design submittals for review. Field verifying the installations to ensure compliance with General Orders 95 and 128. F=REVIEW SCHEDULE: The permittee may submit up to 20 poles per application and may not submit more than 100 poles for review at one time. It is expected that most of the po!es will be in contiguous areas. Contractor should be able to perform the design review of at least 40 poles per week. The total number of reviews will be dependant upon the number of submittals made by the permittee but should not exceed 2000 poles in a year. TERM AND COST LIMIT OF SERVICES: The engineering and inspection services shall not exceed $65,000 between the contract start date and July 2001. The contract agreementmay be extended for an additional two years depending on work volume and satisfactory performance. INVOICES: Invoices, itemized by each pole, are to be submitted to the Project Manager. 2.01 SELECTION CRITERIA: General requirements for the selection of the Contractor will be based on the following criteria: Documentation of experience in reviewing the design ’and the inspection of overhead ’pole line attachments. Documentation of experience with General Orders 95 and 128, Fee schedule and estimate of cost to perform the work. 2.02 QUALIFICATIONS AND PROPOSAL SUBMITTAL REQUIREMENTS: A brief statement of the Contractor’s overall understanding of the products and services to be provided. A brief description of qualifications for the Engineering and/or Construction firm and any subconsultants. CITY OF PALO ALTO RFP 129351 PAGE 2 OF 3 PART III - SCOPE OF WORK OR SERVICES The name and resume of the Contractor’s Engineer with a list of references and a statement of relevant experience with similar design review projects for utilities. The name and resume of the Cor~tractor’s Project Engineer with a list of references and statement of releva.nt experience with similar design review projects for utilities. A fee schedule for the personnel assigned to the contract and an estimate "/7/~.~ of the time required to perform the review on each pole. CITY OF PALO ALTO RFP 129351 PAGE 3 OF 3 September 26, 2000 Mr. Fernando V£1ez City of Palo Alto Purchasing and Contract Administration Mezzanine, Civic Center 250 Hamilton Avenue Palo Alto, CA 94301 Request for Proposal for Engineering and Inspection Services for Utility P~le Attachments Design Construction Requests for Proposal (RFP) Number 129351 Dear Mr. Velez: Burns & McDonnell is pleased to respond to the above referenced Request for Proposal for the City of Palo Alto. As a leading architectural and engineering firm in the design of municipal utility telecommunications systems, Burns & McDonnell believes that our qualifications demonstrate our capability to provide you the technical expertise to complete the proposed tasks. We maintain offices in San Francisco, Anaheim, San Diego and Richland, Washington in order to serve our clients locally. Our selected Project Manager Mr. Vishwa Tiwari, along with our proposed personnel., is completely familiar with the State of California General Orders 95 and 128 requirements as well as Pacific Gas & Electric, Pacific Bell (SBC) requirements dealing with the design of undergroq.n.d and overhead.transmission and distribution systems. Mr. Tiwari and the project team all possess significant experience dealing with similar work and have been involved in other municipal’and investor owned utilities. Their expertise in this area will ~nsure compliance with the regulations and resolution of problems. On behalf of Burns & McDonnell Engineering Company, Inc., I commit to City of Palo Alto, the key personnel nominated in this proposal and the necessary corporate resources required for successful completion of this important contract. Should you require an additional information, or have any questions, please contact Mr. Vishwa Tiwari, (714) 632-5183 or myself at (858) 547- 9869. ta Palma Corporate Park" 2990 East La Palma Avenue Suite A Anaheim, California 92806 Tek 714 632-5183 Fax: 714 632-6952 wvcw.burmmcd.com Sincerely, Jeff R. Thornbury Western Regional Manager Vishwa Tiwari Principal Program Manager OVERVIEW Bums & McDonnell is a multi~t.isciplinary engineering, architectural, construction and environmental service firm. Started in 1898 by Clinton Bums & Robert McDonnell, our more thaia 1,400 engineers, architect~, scientists and other specialists plan, design and build quality projects around the world. Today we have offices around the country and the world to provide the best possible service to our valued clients. TRANSMISSION AND DISTRIBUTION SERVICES, SCADA/ COMMUNICATIONS Safe, reliable electric power can be a cfiti.dal component of your industry’s successful operation. Bums & McDonnel! provides electric utilities and private industry with comprehensive services to take any power generation/transmission and distributon/substafion project from conception to completion. We can meet your specific needs for ongoing studies, plant wide analyses performed on a one-time basis, or investigation for specific project areas. Bums & McDonnell draws on more than 90 years of electric power transmission and distribution experience. Our full-service staff represents every discipline needed to meet the challenges of your tiroject. Our highest priority is to develop solutions that meet your current needs and avoid future problems. ~ TRANSMISSION DISTRIBUTION Bums & McDonnell’s transmission department has taken hundreds of transmission line projects from planning, public involvement and design through construction and start-up. We have years of experience with every type of wood, steel and concrete structure design, conductor studies, lightning and grounding studies for overhead design, and solid di-electirc and HPFF underground design. Bums & McDonnell’s full range of services supports electric utilities in planning, analysis, design and construction of distribution systems. We craft our approach to meet each client’s requirements and unique needs. This flexibility allows us to provide a full range of planning services if necessary. We can also help clients develop planning capabilities through consultation, training, computer modeling and computer-aided design and drafting. SUBSTATIONS Bums & McDonnell’s substation projects include large and complex generating . plant substations, distribution substations and line terminal or equipment additions around the country and world. Designs include single bus, main and transfer arrangements, ring bus and double-breaker arrangements. Our staff specializes in substation design and system protection and control, and most have extensive experience in substation and utility construction. City of Palo Alto - Engineering & Inspection Services for Utility Pole Attachments Design and Construction ~ CIVIL/STRUCTURAL The civil-structural departme’n.t provides design support for a majority of our substation, transmission and distribution projects. Our civil and structural engineers use teamwork i~nd experience to provide practical, cost-effective solutions. Civil/structural solutions include site grading, structure design and analysis, foundation design, road design, drainage analysis, building design, geotechnical evaluations, and permitting. TELECOMMUNICATIONS Bums & McDonnell specialize in pul~lic and investor owned utility telecommunication systems. Burns & McDonnell has completed feasibility analysis studies, business plans and design of several related projects. Types of systems utilized in these projects include microwave, copper, co-axial, fiber and wireless technologies. SYSTEM CONTROLS AND DATA ACQUISITION Burns & McDonnell possess significant experience in the design of system controls and data acquisition (SCADA) systems for electric and water utilities. POWER DELIVERY ASSET DATA MANAGEMENT Bums & McDonnell can design and maintain a database within a geographic information system (GIS) to document the results of asset inspections, benchmark maintenance, globally position structures, inventory structure attributes, identify and record micro-environmental characteristics and more. With this database in place, Bums & McDonnell can prepare system valuations, forecast human and material resource requirements, and track the overall dynamic condition of individual components, lines or the entire system. SYSTEM ASSESSMENT Bums & McDonnell can improve the reliability and security of transmission line assets by using detailed inspections and PLS-CADD to model the as-built an,d current condition of a transmission line on its fight-of-way. Micro-environmental loading events related to wind, temperature and ice are applied to the transmission line to determine the failure mode of the weakest components. The return period of the critical loading events has a predicted probability that allows the cost of preventive maintenance tasks to be compared to risk. These results may be applied to other line segmerlts with similar design characteristics and microenvironments. In substations, measurement of critical data Such as temperature differentials, vibration, noise and gas in oil are analyzed to make decisions on the performance of scheduled maintenance. City of Palo Alto - Engineering & Inspection Services for Utility Pole Attachments Design and Construction PROJECT UNDERSTANDING The City of Palo Alto allows third parties to attach their cables on electric poles. These poles may be individually or jointly owned. Attaching these cables affects the structural loading on thepoles. Parties attaching the cables to the poles will be submitting attachment design information and necessary calculations for the City’s approval. The calculations need to be reviewed to verify that the structural integrity of the poles is not affected. Prior to issuing the p~rmission to attach the cdinrnunicafions cables, the City needs a contractor to review and check that the a{tachment design proposed by the communications companies is acceptable and meets the requirements of the State of California General Orders 95 and 128 requirements. If the proposed design does not meet the requirements, it should be identified as such. Also after the installation, the Contractor needs to inspect the installation to ensure compliance with applicable rules. City of Palo Alto - Engineering & Inspection Services for Utility Pole Attachments Design and Construction PROJECT APPROACH Burns & McDonnell will assign Vishwa Tiwari as Project Manager (contractor’s project engineer) to manage this project. The project team will include registered electrical and civil engineers as well as designers. Personnel available to assist in this project include Dave Harr P.E., Dr. Shiuh Yan P.E., Sunil Pathak P.E. and Stan Leong. Sunil Pathak P.E. will be the lead engineer (contractor’s engineer). Burns & McDonnell plans to use its staff to field verify pole information. However Burns & McDonnell may subcontract pole information field verification work to a sub-contractor, if required to maintain schedule. Upon award of the contract, Burns & McDonnell project team will meet with the City staff to familiarize themselves with the requirements, applicable documents and procedures. Burns & McDonnell will be responsible for the following work: Obtaining cable and other hardware data/drawings from the permi~ applicant as needed to review and approve the design submittals. "Verifying the accuracy of the data submitted. ¯Reviewing design calculations. ¯Ensuring joint pole owners’receive a copy of the design submittals for review. ¯Field verifying the installations to ensure compliance with General Orders 95 and 128. Contractor’s lead engineer will review the information submitted by the permitte for adequacy. He will also coordinate the flow of paperwork, pole information verification, review documents and drawings for adequacy, calculation review, and distribute applicable documents to other joint pole owners. The pole loading calculations will be reviewed’by a registered civil engineer. Once installation is complete, Staff will inspect and fields verify the new installation for compliance with the State of California General Orders 95 and 128 requirements. Contractor’s engineer will also work with the applicant and City Staff in approving the pole attachment applications. The project manager will ensure that the design review for at-least forty (40) poles is completed per week and proper turnaround time is maintained. The project manager will also stay in touch with the City staff to ensure that contract’s goals and objectives are being met. City of Palo Alto - Engineering & Inspection Services for Utility Pole Attachments Design and Construction Although our experience does nbt specifically match the work outlined in the RFP, Bums & McDonnell does have over 35 years of experience with similar work related to electric transmission and distribution projects. This work has included design, construction management and !nspection services for high voltage transmission and distribution lines as well as fiber-optic communication systems. This experience will allow Bums & McDonnell to meet the needs of this project. Recent projects with similar tasks include thei.following: CITY OF ANAHEIM, CA PUBLIC UTILITIES DEPARTMENT Burns & McDonnell provided design and contract administration for the City of Anaheim’s digital fiber optic transmission system. Anaheim’s fiber optic system includes two loops in a figure-eight pattern with a common hub between the loops. The main transmission electronics employ state- 0f-the-art SONET OC-3 technology, and the protected loop configuration eliminates single points of failure in emergencies. Separate subloops, utilizing T1 multiplexers, provide secure ~nd critical communications for HCB pilot wire relaying among ten electrical substations. The 50 miles of fiber optic cables connect electric power substations, water supply facilities and city hall. Each fiber optic cable contains 96 glass strands, providing extra capacity that can be leased by other communications service providers. CITY OF RIVERSIDE, CA PUBLIC UTILITIES DEPARTMENT Bums & McDonnell is now in the design process for thirteen SONET nodes, HCB pilot wire interfaces and approximately nine miles of 96-fiber ADSS cable. Burns & McDonnell is providing complete terminal equipment design, substation interface design and overhead cable system design. Bums & McDonnell is also providing complete project management and on-site construction oversight for all aspects of the work. An extensive upgrade to the Utilities’ VHF land mobile radio system is also being designed as part of this project. GRANT COUNTY PUD Bums & McDonnell recently completed multiple design projects for substation get-a-ways,, overhead and underground distribution feeders for Grant County Public Utility District. The effort included surveying and management of the design team. During this project, Bums & McDonnell was responsible for obtaining approval for line crossings over and under transmission lines, canals and other obstructions ensuring that the design met all local, state and federal codes. City of Palo Alto - Engineering & Inspection Services for Utility Pole Attachments Design and Construction PUGET SOUND ENERGY Burns & McDonnell recently ~ompleted analysis and design for upgrading the maximum design operating temperature of two Puget Sound Energy 115-kV lines. This work involved review of existing structures, field verification of structures locations and obstructions, and analysis in PLS-CADD at 75 and 100 degrees C. Additional projects for PSE included distribution design, such as substation get-a- way feeders, overhead and underground .,~feeders, and public improvement relocations. These projects involved using P~E distribution standards as well as local, state and federal codes. CITY OF ROCHELLE, ILLINOIS Burns & McDonnell was retained to provide the complete design and project management for a city-wide broadband fiber optic network. Our service included development of equipment specifications, fiber optic cable and material specifications, splicing and testing requirements, construction drawings, outside- plant cable route design and overall project technical supervision. The network serves eight sites~, including electric and water utility facilities, city hall, police and fire departments, and several schools. Network uses include telephone, high speed wide-area networking (wan), utility monitoring and control, and Internet access. SONET OC-3 multiplexers are utilized that feature redundant self-healing ring technology to provide for a highly reliable and robust network. CITY OF BATAVIA, ILLINOIS PUBLIC WORKS DEPARTMENT Burns & McDonnell was selected to design the first phase of the municipal broadband communications system for the City. This system consists of approximately twenty-one miles of fiber optics cable connecting eighteen locations including utility substations, city government facilities and public schools. The initial ’ network utilizes SONET transmission technology in a redundant ring topology, for SCADA, relaying, voice and Wide-area data networking. Bums & McDonnell is providing complete design services for the project including outside plant cable design, network design, drawings and specifications. City of Palo Alto - Engineering & Inspection Services for Utility Pole Attachments Design and Construction VISHWA TIWARI Mr. Tiwari is a senior manager with over thirty-four years of experience in manufacturing, design, testing, start-up and construction related to several domestic and international projects. He was responsible for managing similar work for the City of Anaheim. He and his staff worked with other electric and telephone utilities, cable and telecommunications companies, and joint pole agencies that obtained pole attachment space for telecommunications cable. He was also responsible for approving the pole,,attachment space requested by other telecommunications companies. ~ He is experienced in Automated and Internet based meter reading systems; Computer Systems; Customer Information Systems; Database Development and Implementation; Data Centers; Distribution Automation; Geographical Information Systems; Local, Wide and Metropolitan Area Networks; Radio and Microwave systems; System Controls and Data Acquisition Systems; Cooper, Co-axial and Fiber-Optics based Telecommunications Systems; Underground Conversion; Water system controls and Website development. He is recognized in the industry as a leading expert in the areas of "fiber-to-the- premises" telecommunications and Interact based automated meter reading systems. He has made presentations on these subjects in various meetings and seminars. He was responsible for proposing, developing and implementing the world’s first fiber optics based Universal Telecommunications Systems project for the City of Anaheim. DAVID HARR Mr.Harr is a civil!structural engineer specializing in the design of transmission lines, structures and foundations for high voltage power applications. He is responsible for the transmission line routing and design; design and analysis of structures including steel, concrete, aluminum and wood; and foundation design for structures and electrical equipment. He is also responsible for thermal ratifig studies of existing transmission lines. This work has included the development of requirements for aerial and ground surveying and PLS-CADD modeling. In addition to his design responsibilities, Mr. Hart has also been, responsible for project management tasks on several of his projects. These tasks have included cost estimates, contract administration, scheduling, developing project budgets and performing quality control reviews. Mr. Harr is a registered civil engineer in Kansas and Tennessee. City of PaiD Alto - Engineering & Inspection Services for Utility Pole Attachments Design and Construction DR. SHIUH YAN, P.E., PH.D. Dr. Yan is a Senior Civil. Engineer/Geotechnical Engineer in Bums & McDonnell’s San Diego office. He is responsible for the design of transmission lines, including conceptual and detailed design of wood and steel structures and evaluations of foundation systems. Dr. Yah has extensive experience utilizing the PLS-CADD program. This complex program allows Dr. Yan the versatility to design .a multitude of transmission lines including: terrain modeling and rendering, route selection, manual or automatic minimur0 cost spotting, sag-tension, clearance and strength checks and material list genera~on. SUNIL PATHAK, P.E.Mr. Pathak is a registered electrical engineer with over thirty years’ experience in the telecommunications and power industry.. While working at ICG Communications, Mr. Pathak was responsible for developing microwave and fiber optics networks that utilized investor and municipally owned poles and right of ways. He has been involved with the design of several high, medium and low voltage systems. STAN LEONG Mr. Leong is an electrical designer with over thirty years’ experience in electric power industry. He was responsible for selecting routes, pole attachment space, and pole information collection and field verification. In addition he has reviewed joint pole attachment information and interfaced with telecommunications providers. City of Palo Al~o - Engineering & Inspection Services for Utility Pole Attachments Design and Construction COST The fee schedule for the worl~ will be completed using the following rate sheet. Note that the rates include lab6r and all expenses except for travel, subcontractor fees and specialty items. The estimated time to complete the review on each pole will vary depending on the type of structure and the number of attachments being considered. Based on this, we estimate that the time for review will vary anywhere from 15-30 minutes. Based on the staff assigned to the project and’the work involved, the estimated cost per pole will be $28. .~ City of Pale Alto - Engineering & inspection Services for Utility Pole Attachments Design and Construction Schedule of Hourly Professional Service Billing Rates Position Cla~s!°fication Hourly Classification 14vel Billing Rate General Office*.5 $37.00 Technician*6 $39.00 Assistant*7 $43.00 8 $61.00 9 ’~$69.50 Staff*10 $77.00 11 $83.50 Senior 12 $91.00 13 $100.00 Associate 14 $110.00 15 $114.00 ¯ Principal 16 $118.00 17 $121.50 Notes Position classifications listed above refer to the firm’s internal classification system for employee compensation. For example, "Associate," "Senior," etc., refer to such positions as "’Associate Engineer," "Senior Architect," etc.. The hourly rates shown above are effective for services through December 31, 2000, and are subject to revision thereafter. For any nonexempt personnel in positions marked with an asterisk (*), overtime will be billed at 1.5 times the hourly labor billing rates shown. Project time spent by corporate officers will be billed at the Principal rate (Level 17) plus 25 percent. For outside expenses incurred by Bums & McDonnell, such as authorized travel and subsistence, and for services rendered by others such.as subcontractors, the client shall pay the cost to Bums & McDonnell plus 10%. A technology charge of $7.50 per labor hour will be billed for normal computer usage, computer aided drafting (CAD), telephone, fax, photocopy and mail services. Specialty items are not included in the technology charge. Monthly invoices will be. submitted for payment covedng services and expenses during the preceding month. Invoices are due upon receipt. A late payment charge of 1.5% per month will be added to all amounts not paid within 30 days of the invoice date. BMR800C R e re ces CITY OF ANAHEIM, CALIFORNIA Ken Noller (714) 765-4299 Projects have included the design of a citywide digital telecommunications system consisting of SONET fiber optics and digital microwave. CITY OF RIVERSIDE, CALIFORNIA Dave Redding, P.E. ’~ (909) 826-5411 : Projects have included the design of a citywide digital telecommunications system including SONET fiber optics; digital microwave; and VHF land mobile radio. CITY OF BATAVIS, ILLINOIS CITY OF ROC’HELLE, ILLINOIS Randy Wielgos, P.E. (630) 879-1424 Projects have included’feasibility studies; microwave path analysis; radio coverage analysis; and frequency search. B~b Rogde, P.E. (815) 561-2030 Project entailed design of citywide broadband fiber optic network. City of Palo Alto - Engineering 8, Inspection Services for Utility Pole Attachments Design and Construction CONTRACTOR’S LICENSE Burns & McDonnell is in good standing with the State of California. Attached is a copy of Burns & McDonneIl’s State of Califomia Contractors State License Board Active License. City of Palo Alto - Engineering & Inspection Services for Utility Pole Attachments Design and Construction ACTIVE LICENSE 709602 BURNS & MCCALL W~TE CONS~T~S INC A. SPECIAL CONDITIONS The following are Bums & rMcDonnell’s comments to Palo Alto’s Special Conditions included with RFP~129351: Insurance The professional liability requirement is phrased to reflect that such insurance must cover all claims or damages arising from operations under this agreement. Since professional liability coverage is triggered by. :’negligent" acts of the professional, the statement conflicts with the coverage. M’~O:I~ ifying the last line of the paragraph by deleting "which may arise from operations"~ and inserting "to the extent caused by Proposer’s negligent acts, errors or omissions" is consistent with professional liability policy language for the Architectural and Engineering industry. Ownership This paragraph grants ownership of all deliverables to the Palo Alto. Bums & McDonnell agrees with this concept but such deliverables are not intended to be reused for project extensions or for other projects. Please add the following: Any such documents, ’drawings, plans, reports, specifications, or other materials prepared by Proposer for City are not intended to be suitable for reuse by the City other than for the specific purpose intended. Any reuse of the materials will be at City’s sole risk and without liability to Proposer. Standards ot~ Performance Please delete the word "highest" from line 2 of the paragraph. Indemnification Please make the following modification of this paragraph by deleting the word "defend" in line 1; insert "to the extent" before "caused by" in line 3 and delete "or arising out of" in line 3. ~ City of Palo Alto - Engineering & Inspection Services for Utility Pole Attachments Design and Construction PART !11- PROPOSER INFORMATION SECTION 300A PROVIDE THE INFORMATION REQUESTED BELOW OR INDICATE "NOT APPLICABLE", IF APPROPRIATE Ao NAME OF PRPOSER (COMPAN~ Burghs & Mc]")~nne] "1 A~ORESS 299!0 E, La Palma..Ave,, Anaheim, CA 92806 IRS Number:. Suite A Proposer is a: California Corporation 430956142 Phone/Fax Number: 71 4-632-51 83/714-632-6952 Corporation organized under the laws of the State of Missouri with head offices located at Kansas City, Missouri and offices in California at San Dieqo, Anaheim, San Francisco [] o’ [] [] California Limited Liability Company Sole Proprietorship; Partnership ’ Limited Liability Partnership List names of partners; state which partner or pa’rtners are managing partner(s) , proprietor. o Other (attach Addendum with explanatory details) How many years have you (or your firm) done business under the name listed above?102 35C.Hov} ma~y years of experience similar, to work or services covered in this RFP? O.Provide relevant references of contracts satisfactorily cempleted in the last three (i) years: __CUSTOMER COMPANY ]ity of Batavis ity of Rochelle :ity of Riverside ’uget Sound Energy CONTAC~PHONENUMBER Randy Wielgos P.Eo 6~0-~7q-1.4~4 Bob Rogde 8t5-561-2030 909-826-5411 Jerry Henry DATE COMPLETED 1/99 4/98 Ongoing CONTRACT AMOUNT 307,000 135,000 527,000 112,000 (PRO.VIDE ADDITIONAL SHEETS, IF NECESSARY) CITY OF PALO ALTO RFP 129351 PAGE 1 OF 4 PART III- PROPOSER INFORMATION SECTION 300A E.Have you (or your firm) previously worked for the City of Paid Alto? ~ Yes, or ~ No (if "Yes", list above, or if necessary, provide information on additio.nal sheets). F.If applicable, provide a list of the plant(s), and/or, facilities, and equipment owned by the Proposer which are available for use on the pro.posed work as may b’.~re~quired herein. NAME/TYPE/MODEL, CAPACITY, ETC. : CONDITION LOCATION (INCLUDE ADDITIONAL PAGES IF NECESSARY)" G.Provide a list of the Proposer’s management staff who will manage the proposed work or services: NAME FIELD OF EXPERTISE/CAPABILITIES/EXPERIENCE Vishwa Tiwari Telecommunication Systems -QUANTITY (INCLUDE ADDITIONAL PAGES IF NECESSARY) Ko Contractors license, number/type: Minority Business Enterprises: Proposer is ~, or is not~a minority, or Women, or Disadvantaged Business Enterprise Small Business Concern: Proposer is ~, or is not~a Small Business Concern Identify the names and business address of each subcontractor performing work, under this RFP. After opening of Proposals, no changes or substitutions will be all~wed except as otherwise permitted by City. The listing of more than one subcontractor for each item of work to be performed with the words ’and/or’, will not be permitted. Failure to comply with this requirement will render the Proposal as non-responsive and may cause its rejection. List all such subcontractors below, or in additional sheets, as required: NAME ANDADDRESS SCOPE OF WORK 1. 2. 3. 4. Or,:~ covered by this RFP (check and initial). (INCLUDE ADDITIONAL PAGES IF NECESSARY) Subcontractors will not perform work, provide labor, or render services in or about the work CITY OF PALO ALTO RFP 129351 PAGE 2 OF 4 PART Ill- PROPOSER INFORMATION SECTION 300A L. Addenda During the ProlSosal process there may be changes to the Proposal documents, which would require an issuance of an addendum or addenda. City discl, a[ms any and all liability for loss, or damage to any Proposer who does not receive any addendum issued.lby’City’in connection with this RFP, Any Proposer in submitting a Proposal is deemed to waive any’and ’all,claims. and demands Proposer may have against City on account of the failure of delivery of any such addendum to Proposer. Any and all addenda issued by City shall be deemed included in this’RF~ P, and the provisions and instructions therein contained shall be incorporated to any Proposal submitted by Proposer. Or, To assure that all Proposers have received each addendum, the following acknowledgment and sign-off is required. Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity in the Proposal: Addendum number(s) received: [’-]1; [] 2; [] 3; [] 4; [] 5’;~ [] 6; ~ ~No Addendum/Addenda Were Received (check and initial). []7; []8; []9 The Proposer represents that it has not retained a person to solicit or secure a City contract (upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee) except for retention of bona fide employee or bona fide established commercial selling agencies for the purpose of securing business. Proposer’s Designated Contact Name: Vlshwa TI war1 Phone: 71 4-632-51 83 ~itle: Fax: Project Manager 714-632-6952 The firm and individuals listed below, certify that they do not discriminate in employment with regards to age,. race, cdlor, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all federal, state, and local directives and executive orders regarding nondiscrimination in employment. P.Proposer is required to provide a certificate in good standing from the State of California with its Proposal. Q.The undersigned hereby agrees to, and accepts the terms and conditions of this RFP. Signatures (Must be the same signature(s) as will appear on Contract): (Signature) (Pdnted name of signa.tory) ~i~e of signato~)(Title of signatory) Note:California Corporations Code Section 313 requires two corporate officers to execute contracts. The signature of First Officer* mus.__._..t be one of the following: Chairman of the Board; President; or Vice President. The signature of the Second Officer** mus_._.tt be one of the following: Secretary; Assistant Secretary; Chief Financial Officer; or Assistant Treasurer. 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 RFP 129351 PAGE 3 OF 4 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, LICENSEDTO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. THE INsuRANcE REQUIREMENTS CHECKE, D BELOW ARE REQUi,~EI~ BY THIS INVITATION FOR BID TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE WORKER’S COMPENSATION STATUTORY AUTOMOBILE LIABILITY STATUTORY BODILY INJURY COMPREHENSIVE GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY COMPREHENSIVE AUTOMOBILJ~ LIABILITY, INCLUDING, OWNED, HIRED, NON-OWNED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE t~VHEN APPLICABLE), AND NEGLIGENTPERFORMANCE PROPERTY DAMAGE BODILYINJURY&PROPERTYDAMA~ COMBINED. BODILY INJURY -EACH PERSON -EACH OCCURRENCE PROPERTY DAMAGE BODILy INJURY AND PROPERTY DAMAGE, COMBINED ALL DAMAGES $1,o0o,ooo $1,ooo,ooo $1,ooo,ooo $1,ooo,ooo $1,ooo,ooo $1,ooo,ooo $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 $1,000,000 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 FQRCE 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. ~TS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. II. INSURANCE COVERAGE MUST INCLUDE: Ao ao A PROVISION FOR A WHITEN 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 IV THROUGH VI, BELOW. A.NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER): B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER: C.POLICY NUMBER(S): CITY OF PALO ALTO RFP 129351 PAGE 1 OF 2 FORM 650PART II - INSURANCE REQUIREMENTS D.DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL): II1. IV. AWARD tS CONTINGENT ON COMRLIANCE WITH CITY’S iI~SI~RAI~CE REQUIREMENTS, AND BIDDER’S SUBMITTAL OF CERTIFICATES OF INSURANCE ~/IDENCING COMPLIANOE WITH THE REQUIREMENTS SPECIFIED HEREIN. ENDORSEMENT PROVlSIONS,~WlTH RESPECT TO :I’HE INSUF~NCE AFFORDED TO "ADDITIONAL INSURES" ao 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. CROSS LIABILITY : THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UDNER 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. 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 WRI-I-rEN 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 WRIt-FEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. PROPOSER CERTIFIES THAT PROPOSER’S.INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS: THE INFORMATIbN HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW., SIGNATURE(S) MUST BE SAME SIGNATURE(S) AS APPEAR(S)ON SECTION 3O0A, Signature:~ ~ //J~.-~ //#__ (Pdnt or type r~.me) Signature: ..... #:~~. ’..#/" S/~’~ (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-"-’-~F PALO ALTO RFP 129351 PAGE 2 OF 2 PART III - CERTIFICATION OF NONDISCRIMINATION FORM 410 Project: Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. Firm: Title of Officer Signing:. Signature DATE: CITY OF PALO ALTO: CERTIFICATION OF NONDISCRIMINATION