HomeMy WebLinkAboutStaff Report 14670 (2)
City of Palo Alto (ID # 14670)
City Council Staff Report
Meeting Date: 11/7/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approve and Authorize the City Manager or Designee to Execute
Contract C23184325A With Gierlich-Mitchell, Inc. With a Total Not-to-Exceed
Amount of $100,058 for Sanitary Sewer Level Monitoring Systems
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends the Council approve and authorize the City Manager or their designee to
execute Attachment A, contract with Gierlich-Mitchell, Inc. for a total not-to-exceed amount of
$100,058 for sanitary sewer level monitoring systems.
Background
The City currently owns and subscribes to 36 sanitary sewer level monitory systems from
Mission Communications, LLC. These self-contained units monitor the sewer level and trigger
alarms during high and low surcharges. This allows City Staff to better monitor the entire
wastewater system and prevent Sanitary Sewer Overflows (SSOs). The current devices are
strategically placed throughout the City in areas where high incidences of overflows occur. The
current model in place is a M83 that operates on the 3G cellular network. Mobile carriers have
shut down their 3G networks, making the current manhole monitors obsolete and in need of
immediate replacement.
When the Mission Communication monitor senses a high level of wastewater in the manhole it
will send out an immediate notification via email and text to our Wastewater Emergency
Division. Upon receiving this message, to prevent a Sanitary Sewer Overflow (SSO), City staff
will take quick and necessary actions listed out in the Sanitary Sewer Management Plan (SSMP).
Below is a chart showing how many times the sanitary sewer level monitors triggered a high-
level alarm in the past years.
CALENDAR YEAR NUMBER OF HIGH-LEVEL ALARMS
2020 94
2021 65
2022 (January - July) 42
City staff are working diligently to maintain the City’s wastewater infrastructure and prevent
City of Palo Alto Page 2
SSOs. Sanitary sewer level monitors play a key role in the early detection of potential sewer
overflows which helps the City achieve the SSMP goal of eliminating all preventable SSOs.
Discussion
Project Description
The scope of the Sanitary Sewer Level Monitoring Systems project is to replace the existing
monitors with new Mission Communication M84 Manhole Mointors+. Gierlich-Mitchell, Inc. will
manage the project by procuring the Mission Communication products and contracting
Teviotdale, a B licensed general contractor, to remove and dispose of the existing units and
replace and install the new monitoring system. Gierlich-Mitchell, Inc. staff will train City staff in
using the online platform after installation and ensure each monitor is functioning properly.
Bid Process
On May 9, 2022, a request for proposal (RFP) for the Sanitary Sewer Level Monitoring System
was posted at the City’s electronic procurement system, PlanetBids. The bidding period was 16
calendar days. Bids were received from five contractors on May 24, 2022, as listed on the
attached Bid Summary.
Bid Name/Number Sanitary Sewer Level Monitoring
Project/184325A
Proposed Length of Project 1 year
Total Days to Respond to Bid 16
Pre-Bid Meeting Non-mandatory
Number of Company Attendees at Pre-Bid Meeting 10
Number of Bids Received 5
Bid Price Range $100,058 - $1,068,600
Staff reviewed the bids and recommends that the bid of $100,058 submitted by Gierlich-
Mitchell, Inc. be accepted for the contract award. Gierlich-Mitchell’s proposal was the lowest
responsive bid and meets the City’s requirements. City Staff has worked with Gierlich-Mitchell’s
staff and subcontractor in the past to deploy the current sewer level monitors. Staff has
confirmed that both Gierlich-Mitchell, Inc. and their subcontractor are registered and in good
standing with the Department of Industrial Relations (DIR). Both Gierlich-Mitchell, Inc. and their
subcontractor have active license on file with the Contractor’s State License Board.
Resource Impact
Funds for this project of $109,000 were re-appropriated from FY 2022 and available in FY 2023
Wastewater Collection CIP WC-13002 (Wastewater Fusion and General Equipment) budget.
Environmental Review
This project is categorically exempt from California Environmental Quality Act (CEQA) pursuant
to CEQA Guidelines 15301 (repair, maintenance of existing facilities) and 15302 (replacement or
reconstruction of existing facilities).
Attachments:
City of Palo Alto Page 3
• Attachment A: Gierlich-Mitchell, Inc. Contract; C23184325A
• Attachment B: Bid Table
City of Palo Alto General Services Agreement 1 Rev. March 29, 2018
CITY OF PALO ALTO CONTRACT NO. C23184325A
GENERAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on the 17th day of October, 2022, by and
between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”),
and Gierlich-Mitchell Inc., a California Corporation, located at 179 Niblick Rd #210, Paso
Robles, CA 93446 Telephone Number: -714-236-6070 (“CONTRACTOR”). In consideration
of their mutual covenants, the parties hereto agree as follows:
1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”)
described in the Scope of Services, attached at Exhibit A.
2. EXHIBITS AND APPENDIXES. The following exhibits and appendixes are attached
to and made a part of this Agreement:
“A” - Scope of Services
“B” - Schedule of Performance
“C” – Schedule of Fees
“D” - Insurance Requirements
“E” - Performance and/or Payment Bond
“F” – DIR Registration for Public Works Contracts
“G” – Claims Process for Public Works Contracts
CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.
3. TERM.
The term of this Agreement is from October 17, 2022 to October 16, 2023
inclusive, subject to the provisions of Sections R and W of the General Terms and
Conditions.
4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within
the term of this Agreement in a reasonably prompt and timely manner based upon
the circumstances and direction communicated to CONTRACTOR, and if
applicable, in accordance with the schedule set forth in the Schedule of
Performance, attached at Exhibit B. Time is of the essence in this Agreement.
5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees
to accept as not-to-exceed compensation for the full performance of the Services
and reimbursable expenses, if any:
The total maximum lump sum compensation of One Hundred Thousand
City of Palo Alto General Services Agreement 2 Rev. March 29, 2018
Fifty-Eight dollars and Seventy-Nine cents ($100,058.79).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed
the total maximum compensation set forth above. Any hours worked or services
performed by CONTRACTOR for which payment would result in a total exceeding
the maximum amount of compensation set forth above for performance of the
Services shall be at no cost to CITY.
6. COMPENSATION DURING ADDITIONAL TERMS.
CONTRACTOR’S compensation rates for each additional term shall be the
same as the original term; OR
CONTRACTOR’s compensation rates shall be adjusted effective on the
commencement of each Additional Term. The lump sum compensation
amount, hourly rates, or fees, whichever is applicable as set forth in section
5 above, shall be adjusted by a percentage equal to the change in the
Consumer Price Index for Urban Wage Earners and Clerical Workers for the
San Francisco-Oakland- San Jose area, published by the United States
Department of Labor Statistics (CPI) which is published most immediately
preceding the commencement of the applicable Additional Term, which
shall be compared with the CPI published most immediately preceding the
commencement date of the then expiring term. Notwithstanding the
foregoing, in no event shall CONTRACTOR’s compensation rates be
increased by an amount exceeding five percent of the rates effective
during the immediately preceding term. Any adjustment to
CONTRACTOR’s compensation rates shall be reflected in a written
amendment to this Agreement.
7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of
this Section 7, a “9204 Public Works Project” means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or
other public improvement of any kind. Public Contract Code Section 9204
mandates certain claims procedures for Public Works Projects, which are set
forth in “Appendix G Claims for Public Contract Code Section 9204 Public Works
Projects”.
This project is a 9204 Public Works Project and is required to comply with
the claims procedures set forth in Appendix G, attached hereto and
incorporated herein.
City of Palo Alto General Services Agreement 3 Rev. March 29, 2018
8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project
Manager is: Venessa Fujii, Dept.: Utilities WGW Operations, 3201 E Bayshore
Road, Palo Alto, CA 94303 Email: Venessa.Fujii@CityofPaloAlto.org Telephone:
(650)496-6994. Invoices shall be submitted in arrears for Services performed.
Invoices shall not be submitted more frequently than monthly. Invoices shall
provide a detailed statement of Services performed during the invoice period and
are subject to verification by CITY. CITY shall pay the undisputed amount of
invoices within 30 days of receipt.
GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of
this Agreement. This Agreement includes and is limited to the terms and
conditions set forth in sections 1 through 8 above, these general terms and
conditions and the attached exhibits.
B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise
and qualifications to complete the services described in Section 1 of this
Agreement, entitled “SERVICES,” and that every individual charged with the
performance of the services under this Agreement has sufficient skill and
experience and is duly licensed or certified, to the extent such licensing or
certification is required by law, to perform the Services. CITY expressly relies on
CONTRACTOR’s representations regarding its skills, knowledge, and certifications.
CONTRACTOR shall perform all work in accordance with generally accepted
business practices and performance standards of the industry, including all
federal, state, and local operation and safety regulations.
C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the
performance of this Agreement, CONTRACTOR and any person employed by
CONTRACTOR shall at all times be considered an independent CONTRACTOR and
not an agent or employee of CITY. CONTRACTOR shall be responsible for
employing or engaging all persons necessary to complete the work required under
this Agreement.
D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any
Services under this Agreement unless CONTRACTOR obtains prior written consent
of CITY. CONTRACTOR shall be solely responsible for directing the work of
approved subcontractors and for any compensation due to subcontractors.
City of Palo Alto General Services Agreement 4 Rev. March 29, 2018
E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes,
fees, contributions or charges applicable to the conduct of CONTRACTOR’s
business.
F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services
comply with all applicable federal, state and local laws, ordinances, regulations,
and orders.
G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all
requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum
Wage), as it may be amended from time to time. In particular, for any employee
otherwise entitled to the State minimum wage, who performs at least two (2)
hours of work in a calendar week within the geographic boundaries of the City,
CONTRACTOR shall pay such employees no less than the minimum wage set
forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within
the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR
shall post notices regarding the Palo Alto Minimum Wage Ordinance in
accordance with Palo Alto Municipal Code section 4.62.060.
H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole
expense, repair in kind, or as the City Manager or designee shall direct, any
damage to public or private property that occurs in connection with
CONTRACTOR’s performance of the Services. CITY may decline to approve and
may withhold payment in whole or in part to such extent as may be necessary to
protect CITY from loss because of defective work not remedied or other damage
to the CITY occurring in connection with CONTRACTOR’s performance of the
Services. CITY shall submit written documentation in support of such withholding
upon CONTRACTOR’s request. When the grounds described above are removed,
payment shall be made for amounts withheld because of them.
I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under
this Agreement shall be performed in a professional and workmanlike manner in
accordance with generally accepted business practices and performance
standards of the industry and the requirements of this Agreement. CONTRACTOR
expressly warrants that all materials, goods and equipment provided by
CONTRACTOR under this Agreement shall be fit for the particular purpose
intended, shall be free from defects, and shall conform to the requirements of this
Agreement. CONTRACTOR agrees to promptly replace or correct any material or
service not in compliance with these warranties, including incomplete, inaccurate,
or defective material or service, at no further cost to CITY. The warranties set
forth in this section shall be in effect for a period of one year from completion of
City of Palo Alto General Services Agreement 5 Rev. March 29, 2018
the Services and shall survive the completion of the Services or termination of this
Agreement.
J. MONITORING OF SERVICES. CITY may monitor the Services performed under this
Agreement to determine whether CONTRACTOR’s work is completed in a
satisfactory manner and complies with the provisions of this Agreement.
K. CITY’S PROPERTY. Any reports, information, data or other material (including
copyright interests) developed, collected, assembled, prepared, or caused to be
prepared under this Agreement will become the property of CITY without
restriction or limitation upon their use and will not be made available to any
individual or organization by CONTRACTOR or its subcontractors, if any, without
the prior written approval of the City Manager.
L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives
to audit, at any reasonable time during the term of this Agreement and for three
(3) years from the date of final payment, CONTRACTOR’s records pertaining to
matters covered by this Agreement. CONTRACTOR agrees to maintain accurate
books and records in accordance with generally accepted accounting principles for
at least three (3) following the terms of this Agreement.
M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial
acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights
under this Agreement.
N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full
force during the term of this Agreement, the insurance coverage described at
Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A-
:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk
Manager must approve deductibles and self-insured retentions. In addition, all
policies, endorsements, certificates and/or binders are subject to approval by the
Risk Manager as to form and content. CONTRACTOR shall obtain a policy
endorsement naming the City of Palo Alto as an additional insured under any
general liability or automobile policy. CONTRACTOR shall obtain an endorsement
stating that the insurance is primary coverage and will not be canceled or
materially reduced in coverage or limits until after providing 30 days prior written
notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall
provide certificates of such policies or other evidence of coverage satisfactory to
the Risk Manager, together with the required endorsements and evidence of
payment of premiums, to CITY concurrently with the execution of this Agreement
and shall throughout the term of this Agreement provide current certificates
evidencing the required insurance coverages and endorsements to the Risk
Manager. CONTRACTOR shall include all subcontractors as insured under its
policies or shall obtain and provide to CITY separate certificates and endorsements
City of Palo Alto General Services Agreement 6 Rev. March 29, 2018
for each subcontractor that meet all the requirements of this section. The
procuring of such required policies of insurance shall not operate to limit
CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement.
O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation
by the provisions of section N relating to insurance, CONTRACTOR shall indemnify,
defend and hold harmless CITY, its Council members, officers, employees and
agents from and against any and all demands, claims, injuries, losses, or liabilities
of any nature, including death or injury to any person, property damage or any
other loss and including without limitation all damages, penalties, fines and
judgments, associated investigation and administrative expenses and defense
costs, including, but not limited to reasonable attorney’s fees, courts costs and
costs of alternative dispute resolution), arising out of, or resulting in any way from
or in connection with the performance of this Agreement. CONTRACTOR’s
obligations under this Section apply regardless of whether or not a liability is
caused or contributed to by any negligent (passive or active) act or omission of
CITY, except that CONTRACTOR shall not be obligated to indemnify for liability
arising from the sole negligence or willful misconduct of CITY. The acceptance of
the Services by CITY shall not operate as a waiver of the right of indemnification.
The provisions of this Section survive the completion of the Services or
termination of this Agreement.
P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510,
CONTRACTOR certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation,
housing status, marital status, familial status, weight or height of such person.
CONTRACTOR acknowledges that it has read and understands the provisions of
Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all
requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement,
certifies that it is aware of the provisions of the Labor Code of the State of Califor-
nia 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 and during the performance of the Services.
R. TERMINATION. The City Manager may terminate this Agreement without cause
by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If
CONTRACTOR fails to perform any of its material obligations under this
Agreement, in addition to all other remedies provided by law, the City Manager
may terminate this Agreement immediately upon written notice of termination.
City of Palo Alto General Services Agreement 7 Rev. March 29, 2018
Upon receipt of such notice of termination, CONTRACTOR shall immediately
discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily
performed up to the effective date of termination. If the termination is for cause,
CITY may deduct from such payment the amount of actual damage, if any,
sustained by CITY due to CONTRACTOR’s failure to perform its material obligations
under this Agreement. Upon termination, CONTRACTOR shall immediately deliver
to the City Manager any and all copies of studies, sketches, drawings,
computations, and other material or products, whether or not completed,
prepared by CONTRACTOR or given to CONTRACTOR, in connection with this
Agreement. Such materials shall become the property of CITY.
S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors
and assigns to all covenants of this Agreement. This Agreement shall not be
assigned or transferred without the prior written consent of CITY. No
amendments, changes or variations of any kind are authorized without the written
consent of CITY.
T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR 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 this Agreement. CONTRACTOR further covenants that, in the
performance of this Agreement, it will not employ any person having such an
interest. CONTRACTOR certifies that no CITY officer, employee, or authorized
representative has any financial interest in the business of CONTRACTOR and that
no person associated with CONTRACTOR has any interest, direct or indirect, which
could conflict with the faithful performance of this Agreement. CONTRACTOR
agrees to advise CITY if any conflict arises.
U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws
of the State of California.
V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire
agreement between the parties with respect to the services that may be the
subject of this Agreement. Any variance in the exhibits does not affect the validity
of the Agreement and the Agreement itself controls over any conflicting provisions
in the exhibits. This Agreement supersedes all prior agreements, representations,
statements, negotiations and undertakings whether oral or written.
W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the
Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement
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 Agreement are no longer available. This Section
City of Palo Alto General Services Agreement 8 Rev. March 29, 2018
shall take precedence in the event of a conflict with any other covenant, term,
condition, or provision of this Agreement.
X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Division,
which are incorporated by reference and may be amended from time to time.
CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal
requirements of CITY’s Zero Waste Program. Zero Waste best practices include
first minimizing and reducing waste; second, reusing waste and third, recycling or
composting waste. In particular, CONTRACTOR shall comply with the following
zero waste requirements:
• All printed materials provided by CONTRACTOR to CITY generated from a
personal computer and printer including but not limited to, proposals,
quotes, invoices, reports, and public education materials, shall be double-
sided and printed on a minimum of 30% or greater post-consumer content
paper, unless otherwise approved by CITY’s Project Manager. Any
submitted materials printed by a professional printing company shall be a
minimum of 30% or greater post-consumer material and printed with
vegetable based inks.
• Goods purchased by Contractor on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including, but not
limited to, Extended Producer Responsibility requirements for products
and packaging. A copy of this policy is on file at the Purchasing Division’s
office.
• Reusable/returnable pallets shall be taken back by CONTRACTOR, at no
additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide
documentation from the facility accepting the pallets to verify that pallets
are not being disposed.
Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties
represent and warrant that they have the legal capacity and authority to do so on
behalf of their respective legal entities.
Z. PREVAILING WAGES
This Project is not subject to prevailing wages. CONTRACTOR is not required to
pay prevailing wages in the performance and implementation of the Project in
accordance with SB 7, if the Agreement is not a public works contract, if
Agreement does not include a public works construction project of more than
$25,000, or the Agreement does not include a public works alteration, demolition,
repair, or maintenance (collectively, ‘improvement’) project of more than
$15,000.
City of Palo Alto General Services Agreement 9 Rev. March 29, 2018
OR
Contractor is required to pay general prevailing wages as defined in Subchapter
3, Title 8 of the California Code of Regulations and Section 16000 et seq. and
Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section
1773 of the Labor Code of the State of California, the City Council has obtained
the general prevailing rate of per diem wages and the general rate for holiday and
overtime work in this locality for each craft, classification, or type of worker
needed to execute the Agreement for this Project from the Director of the
Department of Industrial Relations (“DIR”). Copies of these rates may be obtained
at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide
a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay
the adopted prevailing wage rates as a minimum. Contractor shall comply with
the provisions of all sections, including, but not limited to, Sections 1775, 1776,
1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages.
AA. DIR REGISTRATION. In regard to any public work construction, alteration,
demolition, repair or maintenance work, CITY will not accept a bid proposal from
or enter into this Agreement with CONTRACTOR without proof that
CONTRACTOR and its listed subcontractors are registered with the California
Department of Industrial Relations (“DIR”) to perform public work, subject to
limited exceptions. City requires CONTRACTOR and its listed subcontractors to
comply with the requirements of SB 854.
CITY provides notice to CONTRACTOR of the requirements of California Labor
Code section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid
proposal, subject to the requirements of Section 4104 of the Public Contract
Code, or engage in the performance of any contract for public work, as defined
in this chapter, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an
unregistered contractor to submit a bid that is authorized by Section 7029.1 of
the Business and Professions Code or Section 10164 or 20103.5 of the Public
Contract Code, provided the contractor is registered to perform public work
pursuant to Section 1725.5 at the time the Agreement is awarded.”
CITY gives notice to CONTRACTOR and its listed subcontractors that
CONTRACTOR is required to post all job site notices prescribed by law or
regulation and CONTRACTOR is subject to SB 854-compliance monitoring and
enforcement by DIR.
CITY requires CONTRACTOR and its listed subcontractors to comply with the
requirements of Labor Code section 1776, including:
City of Palo Alto General Services Agreement 10 Rev. March 29, 2018
Keep accurate payroll records, showing the name, address, social security
number, work classification, straight time and overtime hours worked each day
and week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by, respectively, CONTRACTOR and its
listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and
made available for inspection at all reasonable hours at the principal office of
CONTRACTOR and its listed subcontractors, respectively.
At the request of CITY, acting by its project manager, CONTRACTOR and its listed
subcontractors shall make the certified payroll records available for inspection or
furnished upon request to the project manager within ten (10) days of receipt of
CITY’s request.
[For state- and federally-funded projects] CITY requests CONTRACTOR
and its listed subcontractors to submit the certified payroll records to the
project manager at the end of each week during the Project.
If the certified payroll records are not produced to the project manager within
the 10-day period, then CONTRACTOR and its listed subcontractors shall be
subject to a penalty of one hundred dollars ($100.00) per calendar day, or
portion thereof, for each worker, and CITY shall withhold the sum total of
penalties from the progress payment(s) then due and payable to CONTRACTOR.
Inform the project manager of the location of CONTRACTOR’s and its listed
subcontractors’ payroll records (street address, city and county) at the
commencement of the Project, and also provide notice to the project manager
within five (5) business days of any change of location of those payroll records.
BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the
case of any conflict between the terms of this Agreement and the exhibits hereto
or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of
any conflict between the exhibits hereto and CONTRACTOR’s proposal, the
exhibits shall control.
City of Palo Alto General Services Agreement 1 Rev. March 29, 2018
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement on the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
GIERLICH-MITCHELL INC.
Officer 1
By:_____________________________
Name:__________________________
Title:___________________________
Officer 2
By:____________________________
Name:_________________________
Title:__________________________
City of Palo Alto General Services Agreement 2 Rev. March 29, 2018
EXHIBIT A SCOPE OF SERVICES
RFP184325A – Sanitary Sewer Level Monitoring System
Contractor shall provide a self-contained wireless sanitary sewer level monitoring system
capable of producing immediate alarms for surcharge conditions to prevent sanitary sewer
overflows. These self-contained devices shall withstand the corrosion normally associated
with sanitary sewer conditions and may be deployed in various sanitary sewer
appurtenances including but not limited to manholes and pump stations. Additionally,
Contractor shall provide a software program shall be capable of storing historical data trends
of wastewater flow levels and alert surcharge conditions via email, text, and phone-based
communications. All Contractor services and equipment shall be in conformity to the RFP
and the City’s requirements.
The contractor shall provide all labor, equipment, material, transportation,
mobilization/demobilization, apparatus, and all other incidentals to perform the Work
and comply with all requirements and current standards.
MATERIALS
All components of the self-contained wireless sanitary sewer level monitoring system
shall be manufactured using materials resistant to the corrosive environment
normally found in a sanitary sewer collection system.
All communication equipment including but not limited to antennas, adhesives, and
wiring shall perform and withstand heavy traffic areas including city streets and
rights-of-way as well as conditions associated with remote locations. Transmissions
must use latest technology that can provide a dependable signal throughout various
conditions and terrains so that these units may be placed virtually anywhere and still
send and receive a dependable signal.
QUALIFICATIONS
Selected entity shall hold a Class A Engineering License or B General
Contractor License
SPECIFIC REQUIREMENTS
1. Contractor will be responsible for providing a self-contained wireless sanitary
sewer level monitoring system in all of the aforementioned use locations.
City of Palo Alto General Services Agreement 3 Rev. March 29, 2018
2. The system will provide continuous real time monitoring of water level in
manholes, pump stations, and other related wastewater facilities.
3. The system will use a self-contained battery suitably sized to provide
sufficient power to operate the unit for a minimum of 2 years from the date
the unit is placed into service without battery replacement.
4. The system will provide unit maintenance information including battery
voltage, internal power supply status, and satellite signal strength.
5. The product manufacturer shall provide active and periodic remote
maintenance monitoring of the system to verify operations and
communications of the system, including battery voltage, satellite signal
strength, power supply voltage and sensor integrity, and report any system
abnormalities.
6. The Contractor must comply with all OSHA regulations regarding confined
space entry during installation.
7. The system will communicate using a two–way signal to existing satellite
networks, or cellular wireless technology in the service area and shall not
require any additional system installation other than that of the device itself.
8. Any communication device used by the system shall have FCC approval
where applicable.
9. The system shall use a secure web page to display the following information:
o Graphical representation of the data logging of water levels.
o Maintenance Information
o Map based graphical user interface to display the location of each
unit and the current status
o The alarm status of a unit shall be indicated by a different
representation for when the unit is operating safely
o Alarms and alarm history
o Customer input of maintenance and location notes
10. The secure web page shall be capable of the following:
o Sending control commands to the field units for the purpose of
turning alarms on or off, or changing the alarm set point
o Exporting data using commercially available file formats
11. The field unit shall be designed to work in the harsh ambient conditions of a
sanitary sewer system and be capable of surviving immersion in water.
City of Palo Alto General Services Agreement 4 Rev. March 29, 2018
12. The system field units can use no less than two alarm floats capable of being
adjusted to indicate different surcharge levels inside of the manhole
13. Replacement part shall be available from the manufacture within 5 business
days.
14. The antenna shall be specifically designed for and matched to the field unit
and shall not be for a general-purpose design. The antenna shall be traffic
rated and able to withstand the harsh conditions that exist in high traffic
roadways in all seasonal conditions.
15. The field unit shall be capable of remote diagnostic troubleshooting.
16. The complete unit shall be small enough to be installed on a single manhole
cover, hatch cover or other entry point cover. Except to ensure proper fit
adjustments, unit installation shall not require any modifications to the
manhole or surrounding grounds.
17. The field unit shall be designed and installed such that it can easily be moved
aside for routine collection system maintenance such as jetting, pump station
cleaning, etc.
18. The system shall immediately alert via text, email, phone call, or other
previously specified communication when a high-level alarm is triggered.
19. The system shall have a uniform global coverage of its communication
system.
WARRANTY
All components of the self-contained wireless sanitary sewer level monitoring
systems unless otherwise stated shall be warranted for a period of no less than two
(2) years from the date the unit is placed into service.
LOCATION
Sanitary sewer monitors are to be installed in the same manhole that the
existing monitor is currently in. However, the City has the right to change
manhole locations if necessary.
City of Palo Alto General Services Agreement 5 Rev. March 29, 2018
EXHIBIT B SCHEDULE OF PERFORMANCE
CONTRACTOR shall perform the Services specified in Exhibit A (Scope of Services) of this Agreement or as assigned by the CITY’s Project Manager. The following work will need to be completed within fifteen (15) working days from
Notice to Proceed once all parts are received. Parts may take 4-6 weeks to receive. Once all units are completed and installed the 2-year warranty for each unit will be available.
City of Palo Alto General Services Agreement 6 Rev. March 29, 2018
EXHIBIT C SCHEDULE OF FEES
CITY shall pay CONTRACTOR according to the following rate schedule. The maximum amount of
compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement. All Payments are based upon CITY’s acceptance of CONTRACTOR’s performance of the phase as evidenced by successful completion of the Deliverable for that Phase. CITY shall have no obligation to pay unless CONTRACTOR has successfully completed and CITY has approved the Project Phase for which payment is due. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
BID
ITEM
APPROX.
QTY.
UNIT
DESCRIPTION, WITH UNIT PRICE IN WORDS
(EACH BID ITEM SHALL INCLUDE ALL APPLICABLE
TAXES, PROFIT, INSURANCE, BONDS, AND OTHER OVERHEAD)
UNIT PRICE TOTAL ITEM
PRICE
001
39
EA
Sanitary Sewer Level Monitoring Units
Unit Price in words: - Nine hundred, seventy-six dollars and eighty-eight cents
$ 976.88
$ 38,098.32
002
39
EA
Removal of Existing Units and Installation of
New Units Unit Price in words: - One thousand, three hundred seven dollars and sixty-nine cents
$ 1,307.69
$ 50,999.91
003
39
EA
Disposal of Existing Units
Unit Price in words: -
Forty dollars
$ 40.00
$ 1,560.00
004
39
Lump
Sum
Subscription Service Year 1
Unit Price in words: - Two hundred forty-one dollars and four cents
$ 241.04
$ 9,400.56
Base Bid Total (items 001 through 004)
(Total in words: One hundred thousand, fifty-eight dollars and seventy-nine cents)
$100,058.79
38,098.32 Remove existing sewer level monitoring units.50,999.91 Install new sewer level monitoring units.1,560.00 Dispose of existing sewer level monitoring units.9,400.56 Subscription service for one year
Professional Services Rev. Dec.15, 2020 Page 1 of 2
EXHIBIT D INSURANCE REQUIREMENTS
CONSULTANTS 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 AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY STATUTORY STATUTORY
YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY -EACH PERSON -EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$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
NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I.INSURANCE COVERAGE MUST INCLUDE:
A.A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FORCONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II.THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGEAT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
III.ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONALINSUREDS:
A.PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO ORCONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THEADDITIONAL INSUREDS.
Professional Services Rev. Dec.15, 2020 Page 2 of 2
B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
City of Palo Alto General Services Agreement 9 Rev. March 29, 2018
EXHIBIT E BONDS
[ATTACH BOND FORMS IF BONDS ARE REQUIRED]
City of Palo Alto General Services Agreement 10 Rev. March 29, 2018
EXHIBIT F DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations
(“DIR”) to perform public work, subject to limited exceptions. City requires
CONTRACTOR and its listed subcontractors, if any, to comply with all applicable requirements of the California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et
seq., as amended from time to time. This Exhibit E applies in addition to the provisions of
Section 26 (Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement. CITY provides notice to CONTRACTOR of the requirements of California Labor Code
Section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently
registered and qualified to perform public work pursuant to Section 1725.5. It is not a
violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
This Project is subject to compliance monitoring and enforcement by DIR. All contractors must be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors must also be registered with DIR. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR.
Additional information regarding public works and prevailing wage requirements is
available on the DIR web site (see e.g. http://www.dir.ca.gov) as amended from time to time. CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR
is required to post all job site notices prescribed by law or regulation.
CONTRACTOR shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461).
CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code Section 1776, including but not limited to:
City of Palo Alto General Services Agreement 11 Rev. March 29, 2018
Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual
per diem wages paid to each journeyman, apprentice, worker, or other employee employed
by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made
available for inspection at all reasonable hours at the principal office of CONTRACTOR
and its listed subcontractors, respectively. At the request of CITY, acting by its Project Manager, CONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished
upon request to the CITY Project Manager within ten (10) days of receipt of CITY’s
request. CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to CITY’s Project Manager at the end of each week during
the Project.
If the certified payroll records are not provided as required within the 10-day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall
withhold the sum total of penalties from the progress payment(s) then due and payable to
CONTRACTOR. Inform CITY’s Project Manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of
the Project, and also provide notice to CITY’s Project Manager within five (5) business
days of any change of location of those payroll records. Eight (8) hours labor constitutes a legal day’s work. CONTRACTOR shall forfeit as a penalty to CITY, $25.00 for each worker employed in the execution of the Agreement by
CONTRACTOR or any subcontractor for each calendar day during which such worker is
required or permitted to work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through 1815 thereof, except that work performed by employees of CONTRACTOR or any subcontractor in excess of eight (8) hours per day,
or forty (40) hours during any one week, shall be permitted upon compensation for all
hours worked in excess of eight (8) hours per day, or forty (40) hours per week, at not less than one and one-half (1&1/2) times the basic rate of pay, as provided in Section 1815. CONTRACTOR shall secure the payment of workers’ compensation to its employees as
provided in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONTRACTOR
shall sign and file with the CITY a statutorily prescribed statement acknowledging its obligation to secure the payment of workers’ compensation to its employees before
City of Palo Alto General Services Agreement 12 Rev. March 29, 2018
beginning work (Labor Code 1861). CONTRACTOR shall post job site notices per regulation (Labor Code 1771.4(a)(2)).
CONTRACTOR shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws.
City of Palo Alto General Services Agreement 13 Rev. March 29, 2018
Appendix G Claims for Public Contract Code Section 9204 Public Works Projects
The provisions of this Exhibit are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims pursuant to Public Contract Code Section 9204 related to the Services performed under this Agreement.
1. Claim Definition. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City.
(B) Payment by the City of money or damages arising from the Services performed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is
not otherwise expressly provided or to which the Contractor is not otherwise entitled.
(C) Payment of an amount that is disputed by the City. 2. Claim Process.
(A) Timing. Any Claim must be submitted to City in compliance with the requirements of this Exhibit no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived.
(B) Submission. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Exhibit, and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a
chronology of relevant events. Any Claim for additional payment must include a complete,
itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and
explaining claimed time impacts.
(C) Review. Upon receipt of a Claim in compliance with this Exhibit, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the
Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and
Contractor may, by mutual agreement, extend the time period provided in this paragraph 2.
City of Palo Alto General Services Agreement 14 Rev. March 29, 2018
(D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and
the undisputed portion of the Claim, and the City Council does not meet within the 45 days
or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the
disputed portion and the undisputed portion.
(E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply.
3. Disputed Claims (A) Meet and Confer. If the Contractor disputes the City's written response, or if
the City fails to respond to a Claim submitted pursuant to this Exhibit within the time
prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business
days following the conclusion of the meet and confer conference, if the Claim or any
portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement.
(B) Mediation. Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has
been identified in writing by the Contractor. If the parties cannot agree upon a mediator,
each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to
any other remedies authorized by the Agreement and laws.
(i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through
negotiation or by issuance of an evaluation. Any mediation utilized shall conform
to the timeframes in this section. (ii) Unless otherwise agreed to by the City and the Contractor in writing, the
City of Palo Alto General Services Agreement 15 Rev. March 29, 2018
mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has
been commenced.
4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Exhibit or to otherwise meet the time
requirements of this Exhibit shall result in the Claim being deemed rejected in its entirety.
A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Exhibit, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.
5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum.
6. Approved Subcontractor Claims. If an approved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either
on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor
present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the
subcontractor in writing as to whether the Contractor presented the claim to the City and,
if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code
Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution
procedures and requirements in addition to the provisions of Public Contract Code Section
9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
ADS Corp
DESCRIPTION, WITH UNIT PRICE IN WORDS
(PRICE IS INCLUSIVE OF ALL APPLICABLE TAXES)
Sanitary Sewer Level Monitoring Units
(Unit Price in words: _____________________________________
Removal of Existing Units and Installation of New Units
(Unit Price in words: _____________________________________
Disposal of Existing Units
(Unit Price in words: _____________________________________
Subscription Service Year 1
(Unit Price in words: _____________________________________
186,927.00$
Aqua Sierra Controls
DESCRIPTION, WITH UNIT PRICE IN WORDS
(PRICE IS INCLUSIVE OF ALL APPLICABLE TAXES)
Sanitary Sewer Level Monitoring Units
(Unit Price in words: _____________________________________
Removal of Existing Units and Installation of New Units
(Unit Price in words: _____________________________________
Disposal of Existing Units
(Unit Price in words: _____________________________________
Subscription Service Year 1
(Unit Price in words: _____________________________________
268,679.58$
Castillo Plumbing
DESCRIPTION, WITH UNIT PRICE IN WORDS
(PRICE IS INCLUSIVE OF ALL APPLICABLE TAXES)
Sanitary Sewer Level Monitoring Units
(Unit Price in words: _____________________________________
Removal of Existing Units and Installation of New Units
(Unit Price in words: _____________________________________
Disposal of Existing Units
(Unit Price in words: _____________________________________
Subscription Service Year 1
(Unit Price in words: _____________________________________
1,068,600.00$ Section A - Base Bid Total (items 001 through 004, with all applicable taxes included)
4 1 Lump
Sum 500.00$ 19,500.00$
3 39 Each 400.00$ 15,600.00$
2 39 Each 21,000.00$ 819,000.00$
TOTAL ITEM PRICE
1 39 Each 5,500.00$ 214,500.00$
Section A - Base Bid Total (items 001 through 004, with all applicable taxes included)
BID ITEM APPROX.
QTY.UNIT UNIT PRICE
4 1 Lump
Sum 438.27$ 17,092.53$
3 39 Each 19.03$ 742.17$
2 39 Each 1,874.05$ 73,087.95$
TOTAL ITEM PRICE
1 39 Each 4,557.87$ 177,756.93$
Section A - Base Bid Total (items 001 through 004, with all applicable taxes included)
BID ITEM APPROX.
QTY.UNIT UNIT PRICE
13,494.00$ 14 346.00$ Lump
Sum
39 Each 512.00$ 19,968.00$
3 39 Each 18.00$ 702.00$
2
1 39 Each 3,917.00$ 152,763.00$
BID ITEM APPROX.
QTY.UNIT UNIT PRICE TOTAL ITEM PRICE
Gierlich-Mitchell
DESCRIPTION, WITH UNIT PRICE IN WORDS
(PRICE IS INCLUSIVE OF ALL APPLICABLE TAXES)
Sanitary Sewer Level Monitoring Units
(Unit Price in words: _____________________________________
Removal of Existing Units and Installation of New Units
(Unit Price in words: _____________________________________
Disposal of Existing Units
(Unit Price in words: _____________________________________
Subscription Service Year 1
(Unit Price in words: _____________________________________
100,058.79$
SmartCover
DESCRIPTION, WITH UNIT PRICE IN WORDS
(PRICE IS INCLUSIVE OF ALL APPLICABLE TAXES)
Sanitary Sewer Level Monitoring Units
(Unit Price in words: _____________________________________
Removal of Existing Units and Installation of New Units
(Unit Price in words: _____________________________________
Disposal of Existing Units
(Unit Price in words: _____________________________________
Subscription Service Year 1
(Unit Price in words: _____________________________________
222,289.08$ Section A - Base Bid Total (items 001 through 004, with all applicable taxes included)
4 1 Lump
Sum 390.00$ 15,210.00$
3 39 Each 6.41$ 249.99$
2 39 Each 1,096.35$ 42,757.65$
TOTAL ITEM PRICE
1 39 Each 4,206.96$ 164,071.44$
Section A - Base Bid Total (items 001 through 004, with all applicable taxes included)
BID ITEM APPROX.
QTY.UNIT UNIT PRICE
4 1 Lump
Sum 241.04$ 9,400.56$
3 39 Each 40.00$ 1,560.00$
2 39 Each 1,307.69$ 50,999.91$
TOTAL ITEM PRICE
1 39 Each 976.88$ 38,098.32$
BID ITEM APPROX.
QTY.UNIT UNIT PRICE