HomeMy WebLinkAbout0331.092-
lQ;I\'I~ .,-_.
Jul}" g, 1992
THE HONORABLE CITY COUNCIL
Palo Alto l California
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Regi;c,.sl Water Ou~lity Control plant Fiber optic Cacle system -
Award of Contract
M~rs of the Council:
Report in Brief
This report recommends that CQuncil authorize the Mayor to execute
the attached contract, with Apex Co~unications in the amount of
"$30,117.02, to fUrnish an~ install the fiber optic cable system in
the Palo Alto Regional Water Quality Control Plant (RWQCP). Funds
have been appropriated in the wastewater Treatment Operations Fund.
Background
The process control and alarm system in the RWQCP provides central
monitoring at the plant'S control room. The system was installed
when the plant was originally built. Over the years, additional
control and monitoring devices have been added to the original
systeM. The existing comn:.unication network ha$ become overburdened
and cannot effectively communicate the information4 This project
will provide additional cahle ana booster stations needed to effect
the process control and alarm system.
piSCllssion
Bids were received from t~c qualifjed contracto~~ as shown O~ the
attached sUlt:l'Qary. Staff recommends that the bid of $3D,187~D2~
suhmitted by Apex COmIC.unications~ be determined by COUncil to be
the lowest responsible bid and that the contract :be awarded
accordinglY4 This bid is 28 percent belo~ the engineer'S estimate
of $42,000.
Environmental Assessment
This project is exempt from the California Environmental Quality
Act CCEQA) under Section 15301 (Class 1 EXisting Facilities) of the
CEQA Guidelines.
Recommendations
Staff recommends that council:
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CMR~331:92
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Approve!: and authorize the Mayor to execute the attached
'contract with Apex communications in the amount of $JO,187.02
for the fiber optic cable system at the RWQCF~
2. Authorize th€ Ci~y Manaqer or his designee to negotiate and
eX8cute one O~ more change orders to the contract with Apex
Communicatlons~ the value of all change order-s shall not
exceed. $4 1 500.
Respectfully submitteQ,
WILLIAl! MIKS
Manager, Water Quality Control Plant
DAVID G. ADAY.s
Dilector or Pubu· Works
: ):1:." ~ .. ~ d/ }I
v FLEKING ,
. istant city Manager
tt&chments: Bi ry
Contract Paqes
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OIR: 331: 92
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CITY OF PALO ALTO
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REGIONAL ~ATER QUALITY CONTROL PLANT
FleER OPTIC CABLE SYSTEM
June 22, 1992
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Bid4er Amount or Bid
Apex Communications $30,187.02
HP No bid
DATATALK $44,833,00
.1WP Information System 1-:0 bid
Engineer's estimate ~_$42, 000
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COli/TRACT
This COf"ttract, dated _ . is entered into by and between the Cit.,.
of PoIfo Atta, iI municipotl cO'llotatic:, of the State of Califomra ("City") • 2~d ADex Cpmmunications.
a California CQrporation. ~"Contractof"/' whOse Tall:payt'f Ident1fic.8ticn Numbtlr is 77-00447"96,
For and £n ::on.$ideratton of ttle fo1icwin" cQ\,/enant'5, terms and cond"lt\ons, City and Contractor
,"the parties'"} agrB~:
1. .!:!!:n. This ConU2;C't shall commence on, and b-e bi~('!;ng M t);!! parties on. the Date Qt
Exec-utiOll of this Contract. and shall expile on the date of r~o::.ordatio., of the Notice af
S'JtsrantiaJ Completion. or, if no such notice is required to b!" filed, on the d<f~e that f,nai
l)ayment is made hereunder, subject to the earlier terminat;on of this Contract.
2. General Scope of prcieQ! and Work;, Contractor shal1 fum ish labor, services, materials and
eqtilpment in connection with the construction of me P"oj~ct and complete tl;~ Work in
accordance with the c-o\,/enan!s, terms and comfrtions of this Co;,tract to thf' satisfaction of
C:ty. The Project and Work is generaily de.sc'ibed as fonows:
Titl&: Aber Optic. CabJ.e Insjall31iQn
Sa .. Bid, $ ,..30"'-'1,,8./..7."'0 .. 2 ____________ _
Add A.oIfernates rrf any): .$ ____________ _
3. CQ~'tract Om;JJments. This Contra'ct shall consist of the documents set for:.h ~Iow, which are
on fi~ with the City Clerk and are he-ntby incotp-orate-d by reference. For tile pulp(lses of
CQttS:tnJing, interprating and lesohring in.tonsistencies between the provision.~ of this Conlnct.
these do..."Vrnflnts and the p,-ovisio!"lS thereof are set forth in the "fono'Nin" descending ordu of
precedence.
ii. This Contract.
b. Notice Inviting Formal 9lds.
C. Contract Specifications.
d. Drawin~s,
t!. Change Orders.
f. Bid.
g. Supplementary ConcfniortS.
h. Gilnaral Cond'hJor.ms.
i. Stanciard Drawings and S~eeifu:ations (1972).
j. Certificate of Insurance, Performance Bond Oind Labo( ana Materials Bond.
k. Affirmatiye Action Guidelines and Compliance Repon.
r. Other Specifications, or part thereof, not expressly incorporated in the Comraet
Specifications or the Standard Dr<3wings and Specification; (1912).
rTl. Any other dOCl,jment not E,xpressly mentioned herein vvMich is iS$ued by Crty or entered
ir.to by the ~arties.
4. Compensatjpn. In consideratio;'l of Contractor's performance of rts obijgitions hereunder, CIty
shall pay to Conuilctor ttl e amount set forth in Contractor's Bid in aCcordance with the
provisions of this Contract and I.Jpon the receipt of wrmef1 'Invoi~Ii!"S and all necessary
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supporting; documenution within the time set forth in the Contract SpeC'"ific.atiDns iitnd the' 97.L
Sundarc Drawings f.nd Specifications. Of, if no time is stated. within tt,irty (30) Days of the
date of receipt of Contractor's inlt'oiC"1!!S,
Insyranc,. On 0:'" before "he Date of ElCecution. Con"::iactOf' sl1.i111 obtain and m'!"lntain the
policies of insura.'lce covltregC! de$\;;ribed in the Notice InviunQ Formal 8id~ on terms and
cond1tiCi1s and in amounts as may be required by :he Risk Mar'"la~er. Crty sr. .. " not be obliglted
to takfl out insurance on COrltraoctOf's per.sonal piOperty or the personal property of any persDn
performing labor or servi~;5. Of' sup.plyinQ materials or E=Quipment l..:nder the Pre>ject. COI'ltr;oe1cr
shall furnish City with the certificates of if';suran<:e and with original endorsements affectin"
coverage rsquired under this Contract on or before the Date of 'E)(8Cl'tion. The t:'!frtificates ar,d
endorSftm~nU for each insurance policy shall boJ signed by I pl!!'rson. who is aLIthorized by that
insurer to bind coverage on its beh~lf. Proof of ~ns u.rance shall be om a~lltC to tt1e Project
\.1an3'Qet to tho addrp.S$ set fort.~ fn S5C1ion 15 of this Comrs"'!!.
Indemnific,tion. ContnctOl' ligrus to protect:. defend, indamnify and hold City,.it:; City Council
me1'lbe~s., offICers, and employees harm:ass from and against any and 0111 claims, demands.
liabilities, fosses. damages. COSts, expenses, nens, penatties., $uits, or judgme;-,":;s. arising in
whole or in pa;"t. directly or indirectly, at any time frO:Tl any injur, to or deaL" of porsons or
damage to property as ~ resutt of the willful or negligent 8::1 or omission of Contractor
which results "from Contractor'. noncompriance witt! any Law .especting th:e ccnd .... Jon, .
rxcupatlon or safety of the Projet:t site, or any part therecf. or which arises from ContraCt
failuN! to do anYthing re<JOJif&<1 under this CO;"llract or for dOing anythrno which Co.-:trC1t:lor 1.$
requijiid not to do tJnder' ,Contilt:t. or which arises ITem conduct for which any l6w
imposes stTiCt fiabi!iry on C{. tractor in the perlorm~nt:e of or faillJre to perform met U'rms and
conditions of this Contract. !')(cept 8S may arise from the SOl9 w~ffu: Of neQ;l'ijent act ~~
omission of Oty or any of its City Ce>unciJ membets, ofticers. 0; employees. Tn.s
ind"emntfictlltie>o 5han extend" to any and an claims, damand.'i;. or liens. made Of filed by reas;t:r;
of any constnlctiof!. renovation, or remodeling Work performed by ContrCtctor under this
Contract 8t any time during the term of this. Conu&ct. or arising thereafter.
Assumption of Risk.. ContractOr agrees tv 'o'oluntanly 8SSUme a.,y and;1I nsi(. of loss, damage,
or injury te> the property of Conu.;ctor which mav occur in, on. or about the Ptoj~ site at any
fjme and in .any manner, ext:Qpting such loss, injury. or damage as may be caused by the sole
willful or negfigent ilt:t or omission of City 0( an'~ of its C~ty Council members, cffic&r~, ~
emplcyees.
Waiv«r. The acceptance of any p&ymflnt c. performance, or any part thereof. iha'l not apeflte
.as .. v.raiver by City of its rights under this Cor-.tract. A waiver by City of any breach of iIIny
part or proviSion of t~is ContraC1: by ConlraC1o' shall not operate as a waiver or continuinl;l
waiver of any sLtbseQuent breach of the samt' or any other prolt'ision, nor shall any custom or
pr.ctice which m3y arise between the parties in the adminis.tration of any pltrt or provision of
this. Contract .be construed to waiva or to lessen ttle :i~ht of City to insist upon ttle
perfotmance of Contractor in strk:t compliance with the covenants, terms and c.onditions of"
this COntr6ct.
Compliang;: wixtl Llwi. Contractor shall comply with .1/1 Laws now in force at whit:h may
hereafter be in force pertaining to the Project iIInd Work and this Contract. with the requirement
of ~ny bond or fire underwfiter.s or other .sImilar body now or hereafter con$1itvted, with any
discretionary ficense or permit issue<!' pursuant to any law of any .public age .... cy or offir.:ial ou
wen as with any prolt'islon of aD recordlX1 documents affecting the Project site, insofar.as any
are requited by reason of the use or e>ccupancy of the Project site. and with all laws pertaining
crry of PALO ALTO; Contract 2 of 7
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~o l1or;disc-rimrniirion and affirmat've Clction in employme~t and hazardous materials.
10. ~. As. condition precedent to CitY', otlfigation to pay compensation to Contractor, and
on or before 1he Date of [:<Iecutio • ." Contractor shall turnisn t~e Bonos as reQu.','ed under the
Notice Inviting Formal aids to the Project Marlager.
11. Representations and WarrMties. In the SJJ~·t'y of any material. and eQuipment .clod th~
rendering 01 labo! and s0rvices durinQ the c:aurse and _scope of the Project and Warle:.
Contract()( Tapre$ems and warrants:
a, A n.y materials and aq ulpmflm whiCh shall be used duril1\l the co u rse Clnd scope of the
Prcject itrld Worle: shan: be \I!9~ed in Contractor;
b. Any materials and ~uipmeN which shatJ be used during the course ar14 f:cope of th4:!
PfoJject and Work shalT be merchantable and fi. to be used fo( the particul.u purpose
to: which tt.a materiills ari! required;
c. Any labor and serVices. rla;ndered a;,\d' materials and equipment used or emploved dO(jng
thl!t course a nd scope of the Project and Wor'o< sh.n be free of defect$; il'l wOIicmans.hip
for iii Piriod of one (1) v&,ar after the recordation of the Notice of Substantiar
Completion, or, if no such norjce is reQuired to be filed. on the date tllat tina: payment
is made hereunder;
d. Any manufacturer's warranty obtained by Contractor s.hall be obt .. ined Ot' shan be
deemed obtained by ContractOl' for and on I:'-ahalt of C;ty.
e. An~ rnformation submined by Contractor prior to the award of Contract,. Of'tI'1eruner.
upon request. wl'wlthei' Ot not submitted under a contln ... ;ng obllaBtion by ttHt terms of
the Contract to do so, is true and correct a1 the time such information is st.."brnitted or
made ..... aifabJe to the City;
f. Contractor has not conuded, conspired, or agreed, directly Of' indirectlv, wIth an';
person in regard to the 'terms and concfrtions of Contractor's Bid, exc.t!pt as may be
permitt~ by the NotiC1! Invrtinij Formai Bids;
~. Contractor has the power and' authority to emer ir;IO this Com,tsct with City, that the
individual executing thi.s ContraCl is duly' luthorized to do so by appropriate resolution,
and' tl'1at this Contract s.hall be 8x~uted, d6~ .... ered itn:l performed pursuant to the
power and' authority conferred upon the person or persons authorize~ to bind
Contractor;
h. Contractor has not made an attempt to exert und",B influence with the P",rchitsing
Manager or Project Manager Of any other j;)oE'rson who has directly contnbuted to City's
decision to award the C'omract to Contractor;
i. There .re no unresollt'ed claims or dispute.$. between Contractor ilnd City which would
materlany affect Contractor's ability to perform under the Contract;
j. ContractOf' has furnished' and will furnish true and accurate statements. record's,
reports, res.olutions. certifications, and other written information as may be reQuested
of Contractor by City from time to time during the term of this Contract;
CITY of PALO ALTO: Centraci
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Contractor and filMy person performrn~ labor and sorvices under t"lis Projecot is (july
licensed as a contr~ctOf with the State of Califomia as reQlJir~ by California Busines"
&. ?rotessions Code Section 7028. irS amended; and
Contra~or has run,~ examined and inspected tne Preject site and has h:fJ knowledge
ct the physic<i.1 cOMitions 01 the Projrc! siie.
12. Aseignment. This Contract and the performance required ~.e(eunder ii ~rscnal1o Contra::;tor.
lind it shan not be .as.s~gned' by Contractor. Any attempted assignment sharI be nurl .and void
13. Claims ofContractQ[. All cJaims pettain;ng to extt<r woMt, addjtional ch;;fgeS, or celays within
the Contract Time or other disputes. srisinc out of the Contr3ct shall be submitted by
Conuact<x to Ci!y in writinQ tv certified or regist8l"ed majl wrthin ter: (10) Days after the claim
arose or within $uch othe-r time as may be permined or rt"Ciuirltd by law, and sh .. l1 be described
in s Lrlficient detail to Qive-adeq lIats notice of tne subst. nee of the claim to C'It'(.
14. AudIts by Cil:y. During the term of this Contract and fOf , period of not less than three (31
ve-ars after the expiration Of earliE" termination of this Contract, City shall have the right to
aud"lt Contractor's Project-related and Work ·re-Iated w rilings and busin.ess reccm.i'.s, oS suer.
letmS are defirled in Califomia Evidence Code Sections 250 an<11271. .as amended, during the
regular business l'Iours of ContractCH', or, rt Contractor has no .such l'Iours, during the reguiar
business hours; of City.
15. ~. AIT agreements, appointme:1ts, B9provalS, authorizations, t.iaims. demands, Chan~e
Orders, consel1ti, deslgnations, notices, offers, requests i!l"d statements giYIir. by either party
to tn. other shall be in writing and sholl! be sufficiently given and served upon the other p~rty
if 11) pers.onanv served, (2) lem by the United Stares l'fl.aiT, po:.r;l'ge ,prepaid, (3) sent by pri .... ate
E'Xpress defivery ser'olice, or f4l in the case of a facsimile transmission, if sent to the telephone
FAX number Set forth below durinQ: reaufs; busineu "ours of V,e recll'iving pi!lrty 8r'ld followed
within twO III DaY$ by der-very of a hard t:O",. of the material ~ent bv facsimile ttarlsmj~ion,
in aecordanc-e w1th (11, ~2' or (3) above. Personal S8r'o1lCe sh&n include, without fimit8tion,
wrvfce by delivery and service bv flte5imile transmission.
To City:
Copy to:
CITY of PALO AL fO: Contraet
City of Palo Alto
City Clerk
2.50 Hamllton Avenue
p"o. Box 10250
Palo Afto. CA 94303
City of Palo Alto
Department of Pubfic Works
250 Hamlfton Avenue
p"o" Box 10250
Palo Alto. CA 94303
(4151329·2356
FAX: 14151 494-353L
ATTN: Project Manager for Project
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ToO Contractor: Apex Communication
254 San Geronimo Avenue
Sunnyvale, CA 94088
(4081 773-9600
FAX: (4081 733-9670
ATTN: Gilbert Romo
'6. Appropriation of rjty F~_"....Q'J. This Contract is subiect ~o the fis(:al provisions of Articfe m.
Section 1"2 of the Charter of the City of Palo Aha. An" charges hereunder for labor, serviC4!:5,
materials and equipment may a(:crue only after such expen.Dltures-h'!ve been app~(ll,/ed in
advanee in writing in accordance with appJicabie Laws. T./lj~ Contract shalt termin);te without
penalty fH at the end of any f>s~a' yt>ar in the e ... ent that funds are not app,"opriated fOr the
fonow;ng fiscal YlN:r, or fin at any time within 8 fiscal year in t:f'o.e event th~t funds are only
appropriated for a portion of the TI-";;cal year and fundi for this Contract are no longer available.
Tnis ~on T 6 s h41n control in the event of it conflict .....-rth a,.,., other provision of this
Contract.
'7. Miscellaneous.
~. Ba~ee Oiscfaimer. ThfI P<Jrties understand and agree that City does not piJ"rport to be
Contractor'1 bailee r .and crty is. th aretore, not respof"'.sibie for any damage to the
personal property of ContractDf.
b. Consent. V\r'henever i.n this Contract m. approval or consent of a party j$ reQuire-d,
such a:PPfo .... al or consent shan be in writ!ng and shall be executed by a person h ivin~
the express authority to grant such approval or consent.
c. Controlling la~ .... The parties illjree tl"1a1 this Contract sna!l.be govemed and construed
by and in accordanCt! wrm the Law.s of th:a-Sate of C.fifom~.
d. Ot!finftions. The definitions and terms set forth in Section 1 of the Standard Drawinas
and Specification::: (972) of thl.s Contract are incorporated herain by reference
e. Force Majeure. Neith.er party snail be deemed to be iI1 di!fauit on a~count of any delay
cr failure to perform its obliQ"ation.s under this Contract which directJy results from .n
Act of God Of an act of., s ... perior govemmemar autholity~
f. HeaC!lngs. The pari!gr8~h heactinga are not a part of this Contract and shaH ,,",ave no
effect upon the construction or interpretation of any part of this Contract
g. Inccrporation of Documents. All documents constitutin~ the Contract documents
described in Section 3 hereof and all c:ioc-urTlt!nts which may, from time to time, be
referred to in anydulv executed amendmem herf!to are bv such reference incorporate<j
CITV' Df PALO ALTO: C"ntrsct 5 of 7
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if! this Contract and sha.!i be daemed to be part Df this C,.,Mract.
h. Imegration. This Contract and .ny <lmendments hereto be!weei"' the paroies constitute
Ihe entire agreement between the p •. rties co~cerning the Project and Won.:.. ilInd there
are no ot~er pon. oral or written a~ret3'!'I"'ents betwaf.il the parties t.1at are ~ot
incofporated in tM i. Contract
i. Modification of Agreement This Contract shalT not be mC'd~fled or be bincf:nQ' LJ,pC)r"1 the
paorties, unless such modifIcation is alm~ed to in , ..... fiting and signed by the pirtles.
j, Provision. Any agreement, co .... en~nt condition, cliluse, Qualification. restriction,
reservation. term or other 5tipulation tr; the Conuact s.haH dehne or otherwi$E control,
estabJish, or limit tl"::I! ~rlonTla,,:ce reQuired t)r permitted or to be required 01 or
t:/tinn m.ed b\o' either party. A.II provi:&ions, whether covenants or cona.1:ions, shalt be
deemed t.:l b& both coyenants Ctnd conditions.
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Resolution. Contractor sh.1'! submit with its Bid a COp'( of any corporate Dr partners~iP
reSOlution or other writi ~O, ..... f1ich authorizes any <:firec 10(, office r or other em.,fo·,.,ee or
partner to act for or on batullf of Contractor or which authorizes Contractor to enter
into this Contract.
Sey~rabfJit)l. ff a CDLlrt of competent jurisdiction finds or !'Utes that any fJrov1s'on of this
Contract is void Dr unenforceable, the provisiDns at tt~is Co'-Wac! nvt so affected shan
remain in full force and effect,
SlatU's of Contractor. In the exerciu of ri"hts and obrl~a'tlOns under this Contract,
Contr.ctor act! as .In indepe ndent contr3<:tor and not as an agent or employee of City,
ContraC1()( shali rl!>t t.-e entitled to any rights ilr:d beli£-frts accorded or accruing to the
City Council member$. officers orempl-:JY6e.s of C.-ty, and Contractor expressfy waives
any and all cJaim,s to .sucn ri~hts and benefits,
n. Succ:es.sof$ .and Assigns. The pro .... ,sions of this Co.ntfact shan inure to me benerrt of,
and! shad apply to ar"ld' bfrld, the succ-essOis and assigns of the parties,
0. Time of the Essence. Time is of the eSsenCE of this Contract and each of its
prCvlSiOflS, in the calculation of time hereund6r, toe time ir. which an act is !o be
performed shall be com9uteU r;.'\1 e:-:cll,."c1in~ the first Da}! and includin~ the fast. if the
time in whict-, an act is to be performed faJis on a Saturday, Sunday, or any Day
observed as a legal holiday by City, the limo for performance shan be extended to the
following EXJ,s:ness Day.
p. Vel'tue. In the e .... ent tt1at suit is brouQht bV either party hereunder, the parties agr&e
that tria' of such action shan be vestad excJusivelv ,n the state cl')uns of Calitomia in
the County of Santa Clar~ in the City of San Jose 0( in the United States District Court ...
for the Northern District of California in the Cir.,.. of Sar"l Jose.
IN WITNESS WHEREOF, the partie.s .... aye executed tt .. ,:~ Contract on the date flL;t above stated'
in Pa'o A.lto, California.
CITY OF PALO ALTO, CALIFORNIA
By, ____________ _
CITY oj PALO AlTO: Contract 6 of 7
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APPROVED:
City Manager
Director Of Pu!:llic Works
Director of FinanCr&
Risk Manaae;
APPROVED AS TO FORM:
Aui:starn; Cfty ,A,nome..,.
crrv of PALO ALTO: ConUCiC:
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CONTRACTOR. _________ _
By: ______________ _
Name: ________________ _
Title: _____ _
Taxp;tyer 1.0. No. ___________ _
END OF SECTION
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