HomeMy WebLinkAbout0254.092-
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May 14., 1992
THE liOl;ORABLE CITY COUNCI L
Palo Al to, Ca.
Contract for Hansep Way Substation 12 KV Addition
Members of the Council:
This report ~ecommends that Council award a co~struction contract
in the amount of $118,540.00 to Union Electric construction, Inc.
for removal ano::l installation of concrete foundations and associated
work in the Hansen Way Substation 12 XV Addition Capital
Improvement Project (elP}. In addition, staff recommends that
Council authorize the city Ma . .,.ag-er or his designee to negotiate and
execute one or more change ord~rs to the contract, the value of
which ahall not exceed $17,500.00, to cover additional related but
unforeseen work which may develop during the project. Funds for
this project are available in the Electric Fund CIP. The costs
associated with this CIP are being reimbursed by varian Associates
under the terms of a capacity expansion agreement.
Background
On December 16, 1991, council approved an Agreement between the
City an~ Varian Associates (CMR:549:91). The Agreement requires
the City to install additional electrical equipment at the Hansen
Way substation to accommodate additional electrical load at Varian.
Under the terms of the Agreement, Va~ian will reimburse the City
for all e~~enses associated ~ith this new equipment. The major
equipment for this project ~as purchased with Council's approval
(CMR:4QO:9J in fiscal year 1989-90. All of this equipment will
require !lew concrete foundations. This contract is fer the
installation of these foundations, underground vaults with electric
conduits and grounding system.
Bid Eya1uatiQn
Foilolilnq design completion, the project \Ii'as released for
competitive bid. Fifteen contractors visited the job site. Six
bids were recsived. Union Electric Construction, Inc. is the
lowest bidder at $118,540.00. A tabulation of the bids is
attached. The Engineer's estimate for this work is $130,000.
Union Electric and the twa major subcontractors are licensed
contractors in good standing. Staff conducted reference checks on
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the contractor and subcontractors and responses '.tere favorable~
f',lOding
Funds tor this project are available in th~ Electric Fund ClF, FY
90-9~ carried over to F'Y 9~-92, and 'Will be reimbursed by Varian
Associates.
~ndati9ns
staff recommends that Council:
1. Authorize the Mayor to e~ecute a contract ~ith Union Electric
Construction, Inc. in the amount of $118,540.00 for the Hansen
Way Sub~tation 12 KV Addition as specified in the hid
proposal: and
2~ AuthoriZe the city Manager or his designee to negotiate and
execute one or more change orders to the contract, the value
of which shall not exceed $17,500~OO
Respectfully submitted,
. / /...:> L,,"
MICHAEL BEANLAND
Electrical Engineering Manager
r:_~~---J 0( ~
~-L: '"';-OUNG (/ -r)
Director ot utilities
qwtt-d&.m.u,r.
JtTNE FLEMING
Assistant city Manager
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Related staff Reports: CMR:S49:91
CMR: 400: 9
AttaChments: l~ Summary of SID TABULATION
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PART II -CONTRACT SECTION ~500
CONTRACT
This Contract. dated is entered into by and between the City
of Palo Alto, OIl municipal corpor:atjon of the StJte ot Californ~i! rCity'-., and UNtOJI, ELEC1.B.l.l.-
CONSIRWnON. INC. ,a . '-Contractor-}. who"
Taxpayer Identification Number is
For and in consideration of the fonc· ..... '!"\;! covenants, terms and conditions, City and C<mtrsctor
{'""the partie.s-' agree:
1. Term. This CcntraC1 !:han commence on, and be binding on the pames on, the Date of
uecution of tl'lis Ccntract, and shall expire on the date of r~cordatiol1 0' the r-JotiC9 of
Substantial Completion, or, if no such rlOt:C8 is required to be fired. on the date that final
~·ayment ls made hereunder, subject 10 the earlier teim(nation of this COl'1tract.
2. General Scope of Project and Wor"~. Contractor s~all furn<lsh labor. services, ~~erials iind
equipment in connection with the construction of the Project and complete the Work in
accordance with the covenants, terms and conditic.ns of this Contract to the satisfaction of
City. The Project and Work is genC!rally deSt::r~d as foIiCJv.'s:
3.
Trtle: HANSEN WAY SUBSTATION. 12 KV ,o.DDIT10t1 No.. ________ _
Base Bid:.3; 118,540.00
Add Altemates Of any}: $ ___ rUi~Pil"~e _________ _
Contract DPcuments. This Contract shan constst of the documents set forth below. which are
on file with the City Clerk and are hereby incorporated by reference. For the purposes of
construing. interpretinQ and resoi'linQ' inconsistencies between the provtSions of this Contract.
these documents and tile provJs:ons t"~recf are set form in 111e foilowill~ descendina order o'r
pre cedence.
iI. This COlltra ct.
b, Notice Invi'inlj Formal Bids.
c. Contract Specifications.
d. Drawings.
e. Ctlange Orders.
t, Bid.
g: Supplementary Co"cfitions,
n. Generaf Conditions.
i. Stand'ard Drawinljjs ar,d Speci!ications (1992).
j. Coertifit::ata of Insurance, P~rlormance &nd and labor and Materials Bond
it, Affirmative Actio" Guide~nes and' Compliance Report.
t Other Specifications, or part rhereof, not expressly incorporated in the Contract
Specffications or the Standard Drawings and Specifications (1992).
m, Any other document not expressly mentioned herein whjch is issued by City or entered
into by the parties.
CITY of PALO ALTO: Contract Sample (11.921 SECTION 00500-1 of 7
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PART II -CONTPAcr SECTION 00500
4. ~satior.. In consideratfol'\ of Cor:tractor', s:JerlcrmancE of its obfi~atiDns hereunder, City
shan pay to Contract~ the amoum set forth i.'1 C:Ol"'tractor's Bid if'! accordance with the
pra"'lsions of this Contract arcd upon the recer~n: {)f .....-rinerl in .... oices and 3n r,ccessary
supportinll docurn~ntatiQn within the time set forth in t1-)e Cont'act Specification.s and the 1992
St-andard [)rawi"~$ and Specifications, cr, if no tilT'l:!! is stated', within tj"1i~ i301 Days of the
date of receipt of Conttactor"s in .... oices.
5. Insvrance On or before the Date of Execuilon. Contractor shan obtain and maintain the
po~cies of inS'Jrance co .... '!!rage descrioed in tt'le ~otice [n .... iting Formal Bids 01"'1 terms and
conditions and in amounts as may be requlred by tile R~slt; Manao;ler. Oty shari no: be obliga:ed
to lak~ out insurai1ce on Contractor's personal property or the personal property at any pers.()(l
perlorTTIinQ' labor or services or supplying mClte~ials or equipment under the Project. Contrac~or
s.han furnish City wrt!1 the cert1ficates of insurance and with otil;1inal e"dorsemJ.!l1ts affecting
eO'o'erage required under this Con:ract on. or before the Date of b:ecuti.:ln, The certjfiC2!eS arld
endorsements far eac~1 insuranc& po~icV s!;alr be si~ned bl' a person whc is authoriled by that
insurer to bind coverag:e on its behalf. Proof of insura"'cp. shall be majr~d" to tM Projfl'et
Man"Qer to the address set rorth in Section 'i 5 of ihis Contract.
6. Indemnification. Contra(:tor aQ'reesto protect, defend, incemf'lrfy and hold City, its City Cour,c~
members, officers, ar,d employees harmless from and aQainst any and a!1 claims. demands,
liabilities, la,o::o::,ss, damage-s, costs, expen.se:;; fiens. penalties, suits, or jud~ments, arising iM
whole or in part, d;recti y or indirecti·,. it any time from any injury to or d~atn of pflrsons or
damage to praperty as a result of the wllth.tl or negrtr;aent act or omission of Contractor. or
which feSl.!!tS from Contractcf's noncompljance with arlY Law respectJng the conditfon. cse:
occupation or safety af tt'le Proje.ct Stte, or ar"l.y pan thereof. or which arises. kom COr"ltracto('s
fallure to do anythinQ rellJired under thls Contract or for doing anYthing which Contractor is.
rSQuired not to do under this Contract. Oi ~hich arises. from conduct for which an" law
imposes strict llabf1ity on Co~tractor in the perform.::lnce of or fa~ure to perform the terms and
<cona'ltions. of "«"'is. Contract.. e):cept as rna..,. arise from the sote wtllfuf or negfigent act. or
omission of City or any of its City Council members, officers. or empfoyees. This
indemnificatiQr. s~at! extend to any and an claims, demands. or flens made or filed by !eas.on
of any COllstruction, rei1ovation, or remudeiinQ Work performed by Contractor under this
Contract at any time during the term Qf \~15 C-Ul"'ttroct. or 3orisfr.~ thsreafter.
1. A5s\JmR~i9n 0' RI$_~. Cont;al:tor a~ree~ to ',Ie>\\..Imari:'1 a5S\Jme any and a\1 risk of \-;;.0.:;" t:ail'ip~e,
orir1jury to the property of Contractor which m<ly oce .... r in, on, or about the Project site at any
tim~ and \1"1 any mann~r. *):.cepting $\Jt:h \<:)55, injury, Of damage as rna'll b~ ca\J$ed 'by thlt sol&
willful or r"leglil:lent ifct or omission of City or any of its City CounCfl mernbers, officers. or
e-m;lloyees..
s. Waiver. The a';t;ePt3nCe of any payment O~ perform.mee. or any part thereof, shall not operate
as a waiver by City "f its rights under this Contract. A wa'var by City of any breach of any
pan: or provision ot this Contract by Convactor .sh;a\l not operate as a warver or cor.tinuinQ
waiver af any subsequent hreact1 of the same or .1ny other pro\iision, nor shan .any custom or
practit;e which may ;lrise between tne p .. rties in the administr.ation of any part or provision of
this Contr",ct be con~trued to waive or to leSSen the tiQht of Cit)' to insist upon the
jJErform.am;e of Contractor in. strict com,Plianc:e with the covenants, terms and conditions of
this Contract.
CITY of Pp.LO ALTO: Contract Sample 11/921 SECTION 00500-2 of 7
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PART II -CONTRACT SECTION 00500
9. CQmpffjlnce v..ith~. Cco,":tractor shal! comply with a!1 Laws new in force Of w,",i.:::h may
tlereafter be in force pertair.in!;l to the-Project and Work ilr'ld this Contract. wit.'1 the requirement
of any bond or fire underwriters or other similar body now cr hore:ifter constituted. with any
discretionary license or permit iSS'Jed pursua;,t 1'0 an,; Law of any public agency or official as
weJl as with any provision of ziJ reco:ded documents ilffectin~ the Project site. insofar as any
lire r&quired tly reasor; of 'Ule u!;e or occupancy af the Project ~i!e, Cind witt', allloiw$ pertaining
to nondj$Crimination and affirmative acti.on in employment and hazardous materials..
10. .fu2ru!:I. As oil cO.l<fition precedent to -C;;ty"s obli~atTon 'G pay compensation to Contractor. and
on Q( before the Date ot E)(~CUlion. Contractor shan furnis!: the Bonds O!$ required wnder the
Notice In .... itinQ Formal Bids to the Pn:.ject Manager.
t 1. RepresentaDpns and Warranties. In the suppry of at!".,-materials and eQuipment and the
"9nd'arin~ of labor an.d' services during the course and scope of the Project oInd Work,
Contr.ctor represp.n!s and warrants:
iI. Any materials and equipment which shan be used' during t!1e CO\..irse ami scope of the
Projec! and Work sharl be veiled in Conu&ctor;
b. Any maleria!s and eQuipment which shall be used during the CO!Jise and scope of the
Project a .... d Work shan be merchalltable and fit to be used for the partieul~r purpose
for which the materra~s are required;
e. Any iabcr a:1d servic6s rendered and materials and eQuipment .... sed or employed during
the course and sC:Jpe of the Project and Work snail be free of defects in workmanship
tor 01 period of onE n I year after the recordation of the Notice of Substantial
Completion, or, if no such notice is required to be filed', on the date that final payment
ts made hereunder;
d. Any manufa\:1urer's warranty obtain~d by Contractor shan be obtained or 5haIT be
deemed obtained by Contra~or for and on behalf of City.
e, Any information submi-r::ed by Contractor ,prier to the award of c.ontract. or thereafter,
upon request, wh~thcl O>~ not submined under iii COntinu;n~ obligation by the terms ~f
the Contract to do so, is tnJe and correct at the time .such informztion is submitted or
made ilva~able 10 the City;
f. Contractor has not cc~ude.d, conspired, or agreed, directly nr indirectly, with any
pers.cn in regard to the terms and conditions of Contractor', Bid, except u may be
permined by the Notice t11.vitlng Formal Bid'S;
g. Contractor has the power and authority to enter ·Into thjs C(Hltract witI'! City, that !he
ind1 .... idual executing this Contract is duly a·"'thcrized 10 do so by app~opd .. te rusolution,
and' that this Contract shari be e:1:ecuted, denvere:::l and perfo;mad pursuant to the
power and authority conferred UpO.1 the persc1i or persons. authorized 10 bind
Co ntractor;
h. Contractor has not made an attempt to EX"el1 undue influence with the Purchasing
Manager or Project ManaQer or any ot~er person who has directfv contnbuted to City's
CITY of PALO ALTO: Cor.tract Sampl~ (11S21 SECTION 00500·3 of 7
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PART IJ ' CONTRACT SEC1'ION 00500
decision to award the C::lntract to Conrracto ... ;
L There are no llmesoll:ed claims or djt;:;utes bet':\lee11 Contractor and City whk:h would
materially affect Contractor'S abiHty to perform under the Con~ract;
j. Contr.etcr r.as fumished and will furnish true and accurate statementS, re<:ords,
r~JJOns. feso!utior.s. certmcat:,ons, am! other written information as may be requested
of Contractor by City from tlrr,e 10 time during tMe term Col thLS Contract
k. Contract~( and any person cerforming labor and service, und~r this Project is l.1u'",
licensed as a COrltractor with the Stone of California as reQuired by CalifCimia Business
& Profp,ssions Cooe Section 7028, as amended; and
1. Contrictor has fully exaro'lined ana inspeCted the Project site and has futl knowledge
of t~e physical conditions of tl'!e Project site.
12. AS]ignm@nt. This Contract and tha pe:"formance requir~ 1 hereunoer is personal to Contracto<,
and it shalT nr;1 be assi"ned b)l Corrtr;ctol". Any attempted assignment shan be "uli and vo·ld.
'3. Claims of Contractor. All claims pertai(!lng to extra work, ada'iti'J~al charges, 01" del .. ys within
the Contract TIme or ott'>er disputes arising out of the Contract shan be submined by
Contra etor to Ci t.,.· in writinQ '0)1 certrfied or reQistl3 red' mail with in ten 11 a I Da)ls after the claim
arose or within such other time.s rna.,. be permitted or reQuired by law, and shan be dvscnbed
in sufficient detaiT to give adequate notice of the substance of the claim 10 City.
14. AydJt$ by CiN. DtJrin~ the term of this Contract and for a period!lf not ress than three (3)
VeCIrs aher Ih~ expiration or earlier termination of this CO.'llract. City shall have the right to
autfrt Contractor'S Project·rerated ar_d' Work-related writlngs and business records, as .such
terms are defi ned in CaJrfom ia Evid ence Code Sections 250 and 1277, as amended, d\Jrfn~ the
re~ular bU$iness hours of Contri'ctor, or, if Contractor has no such hours, during the reQular
bUSiness hours of City.
15. !:i2.1ku.. All agreements, appcintmer.ts, approvals, authorizations, ciOlims, demcrnds, Cl'1a/1~e
Ord'ers, consenU:. desiQ;'lations, notices, oHers, rE-Quests and statements given by either party
to the other shaH be in writin~ and' shari be sufficientl)l \tiven ai"lc served upon the other party
jf I') personany served, i2) sent by the United States mail, POSlaQ& prepaid, (3) sent by pri\l3te
express defivery service, or (4) in the case of a facsimile transmiSSion, if sent tc the telepnone
FAX number set forth below during reou;ar business hours of 1M rece;\lin~ party and followed
with;1'\ two (2) Days b)l 'CIeriyery of OJ hard copy of tl'Ie material sent by facsimile transmission,
in accordance with j1 L 12) or \3) above Personal service shari include, without limitation.
service by der.very and ser .... ice by facsimile tr<:ionsmission.
To City: City of Pa'o Alto
Ctt)' Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
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CITY of PALO A.LTO: Contract SamjJle (1 "~2.) S EeT ION 00500-4 of 7
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PART II -CONTRACT SECTION 00500
16.
17.
Copy to:
To Contractor:
City of Palo Alto
Dopartment of __ J.ail Hies
250 Hamilton Avenue
P.O. Box 10250
Palo Alto. CA 94303
'41 5) 329--'2c:4~81'--------
FAX: '415) 329-.. ?"'6(wiP'-___ _
AnN: Project Manager fot" Project
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FAX: ' __ 1 __________ _
ATTN: ____________ _
Apprqorlation of City Funds. This Contract is subject to the fiscal provisions of Aniele III,
S«Von , 2 of tha Chaner of the City of Palo Alia. Any cMarges hereunder for rabor, .seNiees.
materiils and equi~nt may accrue only after such expenditures have been approved in
advance in wri(jng in accordance with appl1cable Laws. This Contract shailierminate without
pen.1ty m at tMe end' of any fiscal year in the event that funds are not appropriated for Vle
fonowi,'g fisc:a' y·ear. or iii) at any time within a fiscal year /!"I the event tha"': funds are only
.pp(e_o~·lated for iii pOrtion of the fiscal )'ear and funds for th~s Contract are no lonoe( a .... ailable.
This Secrior. 16 $nan control in me event (If iI confli~ with any othe-r prov;si~ of· this
Contract.
Miscenanesms.
•. Bailee Dlso:laimer. The parties understa.nd and agree thai City does not purport to be
Contractor".s bailee, and C,ty is, therefore, nat res.Pl:lnstble for ar.V damaltlt to the
~rsonar property of Contractor.
b. CcnSt:nt. Wt;enever in th:s Contract the approvar or c:on:s:enl of .a party is required,
$u-ch approval or consent shan be in ...... ;iting a.,d shari be exec<Jted' by I person hilving
the express authority !r'} grant such appro\'al or consent.
c. Controlling Law, The par.les agree that this Contract shall be governed and construed
by and in accordance with Ihe La .... s of the State of California.
CITY 01 PAtO ALTO: COr'ltraCl Sample 11.'92) SECTION 005~5 of 7
PART II -CO NT PACT SECTION 00500
d. ~finitjo,",s. The definitions arid term:; set forth in Section 1 of the Standard Drawings
and Sptlcificatians " 992) of this Contract ale incorporated herein by reference.
e. Forte Majeur~, Neither pal"ty sha~1 be c1gemed to be in defaul! on account of an', delay
or failure 10 perform its obi:g3tior:s under this Contract whi-::h d~rect!y results from an
Act of Gnd or ar. act of i superior ~overnmentar authority.
f. Headings. Tne para~raph hecldlngs are not a part cf tMis Contr.;:ct an.:f shafj ha .... e no
effect upe., the Con&trucrion or interpretation of any pan of this Contract.
g Incorporation of Documents. Air docul":1ents cQ{ls:h~tin!;l the Contract documents
described in Section 3 heraof and aU documents which may, from time to time, be
referred to in any duly execu!ed amendment Mefeto are by such reference incorpoiated
in thls Contract and shall be deemed 1Q be 'part of this Contract.
h. lnteQration. Tnis Contrct.:t and any a:-nendmetlts hereto t-etween the parties ccnstltute
the entire agreement between the panies concemjiH~1 the Project 2nd Work, and there
are .no other prior oral or wrinen agreements between the .parties thai are not
incorporated ln this Contrilct,
i. Modificatlon of AQreement. This Contract shal! not bf' modified or be bindir1Q upon the
parties, unless such modification is aQreed to in wrItinQ a~jd $i~;,ed.by the p.inies.
j. Provision. Any agreement, covenant,. condition, clause, qualification, reitrict;on.
reservation. term or other stipulation in the Contract shan define or otherwise controi.
establish, or nmit the periorr<1ar:c-e requirad or permitted tl( to be reouired of or
permitted.by either party. AU pro .... isions, whether covenants or conditions, 5na:R be
deemed to be both covenants and conditions.
k. Resolution. Contractor S:'iil1 submit with its Sjd a: copy of anV corporate or ~artncr.ship
resorU1ion or ether writing, which authorizes any (firector. officer or other employee or
partni=r to act for or on be~alf of Contractor Or w"ich authorizes Contractor tQ enter
into '\.tIis ComraC1.
t. Se\,/eiab]i:t'l'. Hi! court cf competent jurisd~ction 'finds or rules that a~y provision of this
Contract is \'/oid or unenforceable. the provisions of mis Cont"act not $0 affected shan
remain in fwl! force and effect.
m. Status of Contractor. In the exerCise of rights and obtlgatiors under this Contract.
Contractor acts ;s an "Independent contractor and not as an aQent or employee of City.
Contractor shari nQt be en.itred to any ril;lhts and benefits accorded or accruing to the
City Cound; members. offIce,s or en-,ployees of City, and Contractor expressly waives
any and all ciaims to such ri;;hts and benefits
n. Successors and .t\ssfgns, T,""le provisions of this Contract shall inure tD the benefrt of,
and SI1311 apply to and bjnd, the successors and assiQns of the parties.
o. Time of the ,Es~en~e. Time is of the essence of this Convact and each of its
provisions, In the calculation of time hereunder, the time in which an act is to be
CITY ~f PAlO ALTO: Contract Sample ~, 1921 SECTION 00500·5 of 7
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PART II • CONTRACT SECTION 00500
performed shall bfl computed by I! :ludir:g t .... e first Day a;nd including t .... e litS!. If tne
b'-1M il'\ which all act is. to be ~. :lrmed fans on iii Saturday. Sunday, Of" any Oil)!
observed' as ill legal horid,ry by City, the time fO( performance shan be extended to the
~of1owin~ Business Day.
p. Vern.~, In the e .... ent that sU'rt is brougM f;;y either Cilrty hereunder, the parties agr~
that tria! o~ su>:h action shetl bi! vas!9d exdu!;.iveiy in the Slats coun:s of Ca!i1~r,'loia in
the COIint'y of Santa Clara 1/1 the City of Sa.., Jon 0( in tTte United' States District Court
tortne Northern Di:atrict of Cafifomia ir'1 L"e Ciry of San Jose,
IN WITNeSS INHE"fIEOF. the J).iIrtHtS ha .. e executed thia Contriilct on the dat.e first above statl'td
in Palo Aha, ClIlifomia
CITY OF PALO ALTO, CALIFORNIA
By, ______________ _
c!ty CleIk Mayor
CONTRACTOR, __________ ___
Oirect()( of Uti 1 i t i. e s rnl.' ____________ _
D1Iector of Ftn&nce Taxpayer 1.0, No. ________ _
Risk ManiJ~er
APPROVED AS TO FOAM,
Auistant CFty Anorr,ey
END OF SECTION
CITY of PAlO ALTO: C.,ntract Sampl~ \1/92] SECTION.,OO500-7 of 7
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