HomeMy WebLinkAbout0326.093-
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June), 1993
TRE HONORABLE CITY COUNCIL
?alo Alto, California
Underground Utility District . ....LU.U.Ol 134
{Downtown IV/Channir~Addison Conversion proie~t§l
Members of the Council:
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This report on the Underground utility District (U.D.D.) '34
which consists of the Downtown IV and Channing/Addison
Underq~ound Projects ~ecommends that council approve a~d
authorize the Mayor to execute th~ attached constru~tion contract
with Lewis & Tibbitts, Inc. in the amount of $2~609,768~ Staff
also recommends that Council authorize the City Manager or his
designee to negotiate and execute one or more change orders to
the contract which shall not exce~d $260,ODD~
In CMR 464:92 Council approved the creation of Underground
District '34, which included both the Downtown IV and the
Channinq/Addision Underground Conversion projects. Funds for
these projects are included in the Fiscal Year 1992-93 CIP budget
and the proposed Fiscal Year 1993-94 proposed elP budget. The
above mentioned CMR included a time schedule, indicating that the
award of the contract to install the substructure (conduit vault
etc.) and the Joint Construction Agreement with Pacific Bell and
Cable coop would be presented to Council in May 1993. Beginning
this prcj ect at this time ,,110-,.;s cons't_ruction, in-:1uding
trenching, during the more favorable summer ~eather.
The contract amount of $2,609,168 exceeds the amount available in
the F¥ 1992-93 elP budget for these Undergr~und Conversion
projects by $829,958; however, as these are continuing projects,
funds are available in the proposed FY 1993-94 CIP budqet to
cover the entire amount of the contract. Consequently, staff is
requesting a Budget Amendment Ordinance for $2.365,000. at this
time in order to award the contract. The 1993-94 Capital
Imp~overoent Program hudget presently under consideration hy the
Finance Committee will be decreased by $2,365,000 in the CMR
transmitted for the proposed 1993-94 budget to the City Council
on June 21, 1993.
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Staft also req~ests approval of th~ underground Utility
construction Agreements between the City of Palo Alto, PacifJc
eell, and cable Coop. S~aff anticipates, based on the contract
a~ount that the estimated reimbursement from PacBell and Cable
coop ~ill increase from the budgeted amount foc FY 1993/94.
PacBell's rei"~urse~ent will increase frem $492,000 to $634,745
an~ Cable coop's reimbursement ~111 increase from $225,000 to
$422,874.
BS'ckgroupd
At its maeting on October 19, 1992, the council adopted Ordinance
No. 4112, creating Underground Utility District No. J4 for the
Downtown IVJChanninq/Addison project area. As indicated in
CMR:464:92, this project inVOlves constructing an underground
distribution system in an area ~hich meets both the City and
p~citic Bell guidelines for undergroundinq. The new underqround
system will be installed in the public right-of-.aj and
constructed in four phases.
Phase I
Fhase II
Phase III
Phase IV
-Substructure installation by contractor,
consisting of placement of boxes, vaults and
cond\.i.its in the public right-of-way.
Installation., testing a.nd energization of
new underground distribution ~able~,
transformers and s~itches.
customer service conversion -all affected
property owners will be required to connect
to the new underground system.
-Removal of overhead lines and poles.
Status of Project
To proceec:! with Phase r of the. project, a request for bids for
utili ty trench and substructure was made by the city on April 30,
1993. The hid package contained 119-items, comprised. of
trenching I surface resto~ation and installation of various size
splice boxes, vaults and conduits, each with an estimated
quantity to be quoted at a unit price. Based upon these
estimated quantities, the bids r-eceived on Mey 25 1 1993, from
tour qualified contractors, were evaluated and ranked as follows:
(Bid EValuation SllmJDary is attached).
Le~is & Tibbitts~ Inc_
Underground Constructio~ Co •• Inc.
Manuel Bros., Inc.
$2.609, ·J68. 00
$2,638,799.00
$2,835,621.00
$2,958,735.75 West Valley construction Co.~ Inc.
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The engineerts estimate for this prcj~ct vas $2,600,000.
staff rQcom~ends that ths bid of $2,609,758. s~mi~ted by Lewis &
~ibbittsl Inc. be determined by Council to be the lowest
responsible bid and that the cor:tract be a ... arde~ -to Lewis &
Tibbitts t Inc.
Based vn the low bid, the estimated costs for the City, Pacific
Bell, and Ca~le Coop are $1,552,149, $~34.7(5. and $422,874.,
rli::spectively~
Joint Agreement
To take advantage of the economics of joint use of trenches, the
city, Pacific Bell and cable Coop executed an Amer.aed Master
Agreement in 1990 (oriq~nally a master agreement between City a~d
Pacific Bell executed i~ 1975 and amended in 1986), for
participation in joint underground construction projects.
This Amended Master Agreement, ho~everr limits the expenditures
to $25,000 per project. Whenev~r the amount involved in a
project exceeds the $25,COO limit, then a Specific Supple~entary
Agreement is required. The Supplementary Agreement references
the Amended Master Agreement for general terms and conditions and
requires, when the ~ork is cvntracted, the use of the exact unit
prices quo~ed by the contractor to determine the costs shared
betwean the utilities~ Accordingly, the City, who will
administer the contract tor this project, will invoice Pacific
Bell and Cable coop on the basis of prices quoted ~nd the terms
agreed upon in E:x:hibit IIA".. staff recommends approval of the
Specific Supplementary Agreement for the U.U.D. '34.
Town and country Village Unaergroun~
Besides installin';J substructure. in the UrUrD .. #34, the contractor
yi11 also in~tall ~ubstructure for undergrounding the overhead
electric lines at the Town and Country Shopping Center. The
undarqroundin9 is being done as part of the 4j12kV Conve~sion
Capital Improvement Project. The decision to combine this
substructura installation with the U.U.D #14 was primarily made
because: of the econolllic benefit of cctttbining a relatively small
project ~ith a large project. Staff estimates a 10 to 15 percent
reduction in total construction cost at the Town and Country
Village due to the combininq of the projects. The estimate for
installing the substructure at the Town and Country Village is
$150,000. Fundinq for this portion of the contract will come
froxn the FY 1992-93 4/12 kV Conversion ClP. This has no impact
and no adjustment is requested for the FY 1993-94 4/12 kV
Conversion proJect.
CMR~32':'3
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f.irA..n£iLg
FiJ.nds are available in the F'i 1992-93 " F'l 1993-9'; Capital
rmprove~ent Program for Unde~ground District '34, consisting of
Electric FUnd Downtown IV underground, Channing/Acdison
Underground and 4j12kV conversion Projects. Available funding
is:
Capital Project Fiscal 1992-93 Fiscal 199)-9'
(Appropriated by (proposed by
Council) council)
Downtown IV $1,750,000 $ E5,OOO
Channing/Addi~on $ 65,000 $2,JOO,OOO
TO'l'AL: $1,815,000 $2,365,000
As discussed above, funds are available in th~ FY 1992-93 CIP for
the 4/12 kV conversion projects in the amount of $220,000.
The total amount available between the Underground District .34
elP in FY 1992-93 and FY 1993-94 and in the 4/12 kV conversion
project is $4,400,000.
contract funding and contingencies will then be allocated as
folloW's:
capital Project Allocation to Allocation to
Contract Contingency
Do"''ntown IV • $1,000 1 000 $100,000
Channing/Addison • $~,459,768 $H5,OOC
4/12 kV Conve:rsions $ 150,000 $ 15,000
TOTAL $2,609,768 $260 1 000
.. Reflects proposed ~mpact of Budget ~endment ord~nance ""'h~ch
pulls FY 1993-94 funding forward to FY 1992-93.
ReC01nmenda tion
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the attached
construction cont~act with Le~is • Tibbitts, Inc. in the
amount of $2,609,768. for the Downtown IV/Channing/Addison
conversion Project.
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2. Authorize the ~ity Manager or his designee to negotiate and
execute one or more change 9rders to the construction
contract ~ith Lewis & Tibbitts, Inc'f the value of which
change orders shall ~ot exceed $260~OOO.
3. Approve the Specific Supplementary Agreement for the
Underground Utility District No. 34 betwee~ the city,
Pacifi~ Bell co~pany and Cable Coop, and authorize the ~ay~r
to execute this document on behalf of the City.
4. Approve the attached Budget Amendm~nt Ordinance increasing
the funds available in 1992-93 for the Underground District
t~4. This consists of two projects, the Do~~tovn IV
Underground Conversion Project and the Channing/Addison
Underground Conversion project. The increased funding of
$2,300,000. for the channing /Addison Underground Conversion
Project and $65,000. for the ~~town IV Conversion Project
is available in the Electric Fund System Improvement
Reserve. The proposed 1993-94 funding for these two
projects .ill be ccrrespondingly reduced.
R~ect~ullY submitted,
~ 5. ~.LeJ.t
r~HICHAEL BEANLAND
. E£!ri~ing Manager
Eow1J. KRIZEK
Interim Director of Utilities
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Attachment: Bid Summary Sheet
Construction Contract
Agreement for Joint participation
Budget Amendment Ordinance
Related CMR: CMR:464:92
CHR:32'nl
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BID EVALUATION SUMMARY SHEET
DOWNTOWN IV/CHANNING/ADDISON UNDERGROUND PROJECT' -DT # 34
1~ 2 13 4 ~
l.EWIS , UM]).~RCROUHD IWItlEL WEST I
. . T--~-,!,!~BI'l"l'S CO»STRUC'rI~~BRQ.?;D:r:RS VAL~~~~~
ITRENCHING -pal' SEC I PAGE 1 5838,6]0.00 $1,044,4SI).OO! $1.261,000.00 $R04.fi47.S0~ t'r""NCR;;G_-P.~I/"!lC/"":L/CA';:;~.1 ~~~~ __ $lH.980.~~ S121._,.oo.001 $~;6~~J~1l _~127'~6~:~~1.
i DOUS_' VAUL'r"-_:...C!!". ___ ~_~ __ ._i p~~~ •. ___ SI~~6.00 -y1.1.01~.OO _.21.58.456,00 __ Sl'«~_l_"-25J
~IB~XES~VA~_!-!~!~ ______ ._~_; __ !,~~~--+ __ $190.937'00. il.!.6.590,ool S12~.'16.00 Sl'14_'120"O~'
BOXES 'VAULTS PAGE !l sI61.749.c o l S147,171.00 $131,718.00 $7:33,504.00
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~~NDUI~S PAGE 6 $323,380.00 S23.},5·15~_~OI S229.197.~O!_._~~,~549~.OO
lSURPAcr: REs.''ORA''IOa _ PAGt 7 $S43,86S.00 $482,0':)0.00 i $500, 700.0J $771r26S.0~
OPTroffALITEMS(i'ii)1TEMT"lIOEictui):r::n-------------i ------.--------i
r-!'!lQ~~_M1~C"I') __ __~,.9JS~_ ~~~ __ $101,9_0j).00. ~1.~~~~~_OQJ_~SJ.~_5L~]}.ool
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G:.Lr.: R~. SER~-'.S'l'~~! LIGD,!, 1'~!llfD~_~~! __ i-'-' , ''', "', ,. • ,", '" ,.. """,' '1-'"n,,"
MISeE:r.LAIa()OS lTEMS ! PAGE 10 I $62,453.00 $67,842.00 $G9,SB4.00 $-46,209.00. --------------~-----' .. -------__r__---------~ -----y. ---------.
'1'OTM. l!.l~O!_!.768~O~$3t638, 79--!...OO !.~_B_~~~l_._~O S}t 9S8~_7]_5_.~
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PART /1-FORMAL CONTRACT SECTION 00500
CONTRACT
This Contract, dated _____________ , is e.f1tered into by and ~etweef'l the Cit.,.-of Paio
Alto, a municipaj ~I')rpora!ion of th.e Slate of CaMornia ("City", , and
______ , a ___ _ , I'"Contractor";. whose
Taxpa''(et Identific)Jtion Number is _______ _ ------
For and in consrcl'eration of the follow;i19 Ccv~narlts, terms 3i'lC ctlnditiof'ls, City ar.d Con:ractor '"the
parties·) agree:
1. J..i!I!l. This Contract s~a:1 commence on, and be binding on the parties on, tl'1e Oa1e of E.>r;ecution of
thls Contract. and 5hall expire on the d .. te of recardation of the Notice cf Suc.stantial Completion. or,
if no such notice is required to be filed, oro the da1e that final payment is made hereunder, $ubject to
the ea rner terminatiof1 of th is Con tract.
2. General Scope of Projf!-ct and Work, Contractor shall furnish labor, serVices, mater~als and equTpment
in connection with the c-onslr1JCtfon of the ProjsC1 and com prete the Work;n accordance with t l'2-cove
nants, terms and conditions 0'-this Contract to thl'.! sa:isfaction of City. Th-e Frcoject and Work is
generally described as foflows:
Title: No.'
Base Bic': $ ____ " _____ _
Add Altertlates Of an'!l' $.
Total Bid $ ______ _
3. Contract Docurr.ents. This Contract shafJ consist ot the documen:s set forth helow. which are on fire
w:,th the City Clerk and are hereby incorporated by reference. For !he purposes of construing,
in:erpretinw and resoJvbg inconsistencies betwF'.en the provisior'ls of this Contract. tnese documents
ar,d the prOvisions tMere-of .sra set forth in the 1olfowJnQ desce."'lding order ci precedence.
'i, The Contract.
b. Notice inviting Formaj Bids.
c, Contract Specjfications,
d, DrawinQ's.
e. Change Orders.
f, Bid,
Q'. Supplementary Conditions..
h. General Conditi<!ns.
i. Standard Drawings a.,d SpeCifications (1992).
j. Certificate of Jnsurance, Performance Bond and Labor and Materials Bond,
k, Affirmative Action Guide~ir.es and Compliance Report
I. Other Specificallons. or part rJ-lereof, nOt expr€ssly incorpor,lled in the Contract SpeCifications
or the Standard Draw'lngs and Speciflcot'ons {1992L
m. Ar11J other document not elCpressly rnentloned her!!in which is 'Issued by City or entered intn by
the parties.
CITY Q! PALO Al TO; Formal Contr8ct {SampleJ MF8 1'70/92; SECTION 00500--1
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PART /I. FORMAL CONTRACT SECTION 00500
4. CompeIlSaf;Q!J..!n consideration of Cor.Hactc.r'S perlormam:e cf its obllca~ior"l5 herewnder, City shall
pay 10 C'Ontractor the amount set forth in Contracto('s Bid in 8c-cordance with the pro~'Jsions cf this
Contract and upon the receipt of wr;tten in\loices and aU nece!>sary s;.JDPoronc documentdtio.n within
the Time set forth in the CDntrsn Specifications and the Stand .. rd Drawi!1~.!: and Speciff<;;ations. ~ 1992),
or, if no time is staTed, w~thin ttliny (30) Dais of the da~e Clf receipt of Contractor's inl.loices.
5. lnsurance. On or before t~e Oat ... of E"xecution. COMtractor :s.hal! obtain a~d maintain t'le policies of
inSuratlC8 c:overage describ'itd in the Notice Inyitin~ ForfYial Bids on terms and conditions and in
amour.ts as may be rec;;uire.d bv the Risk Mansl.JflL Ctty sha.11 (lot be Obr;~3ted to tii\<..Q OlJt insuranco:!
on Con:ractcr's persol"!;;1 property or the persona! property of any perso,., performlng labor or serv;ces
or su~plyjna materials. o.r ~quipment under the Pr-nject. Contractor snair 'furnish Cit-y with me
certificates of insurance-and with oriQinOilandorsements affecting covera~e reQJJJred und~r this Contract
on Of before the Date o'f Execution. The certi-ficales and endorsements for each insurancQ policV shall
be sigorted by a person who. is authori.ze.d by that insurer to binc::l covera'iile in its behalf. Proo.f of
insurance shall be mailed to th~ Project ManClQer to the address Set forth In Section 15 of this
Contract.
S. tndemnificetion. COfltractor i1~r~s to protect, defend. indemnify and hord CitY. its CitY Council
members, otficers, and employees Ilarmless from and against any and aiT claims, demands. liabllitie.s,
losses, damages, costs, expen,s;es, Ii~ns< pendlties, suits. or judg'ments, 3risinQ in wt'lole or in part,
direct!y or j.,dir""ct~y, at any time frorn any injury to Of death of persons or c!<:ma~e to property as iI
re.suh. of the wWfu[ or nelJfigent act \lr omisSto" of Comractor. or wh\ch results from Contractor's
noncompliance With any Law respecting: the condition, use, occupation or safety of the Pr~ject s.ite,
or any part 'the.eof, or wh/c~ arises. frcm Comnctor's fai\\Jf& to de anYthing required undar this
Contract or for doing anything which Contractor is reQuired not to do under th[s Contract, or which
ari.$8'S 1rom conduct for which an'!, law imposes strict iiabi!ity on Contractor j(1 the performance of or
failure to perform the terms and conditions of this Contract., except as. may arise from the sore wi~lfur
or negligent act or orr-issjon of City or any of its City Council members, Dfficers, o( employees. This
indemnification shan extend to any and an claims, demands, or fJens made or filed by reason of a"y
constl'Uction. renovation. or r'3modefing work performed by Contractor under this Contract at any time
durin" tfle terT'l"l of this Contract. or arisir,g thereafter,
7. Assumptior'l (If Birt. Cant~sctor aQlees to voluntarilv assume any a~d all risk of loss, damalJe, IX ir.jury
fO the properry of Contractor which may occur in, on. or .:;b.::·ut the Prclect site at any time and in iiny
manner, excePti~ .. su;;;;h losS, injury, or damage as may be caused bl' th~ so!.e willfu1 or neg!lcent act
or omission pf City or a.'1)1 of its City CounCil members, officars, or emp!oyees.
a. ~,The acceptance of any "aymer.t or performance. or any part thereof. shall ~ot pperate 2S a
waiver by CitY of 'Its rights I.lr.der this Contract. A waiver by City o~ any broach of anV part or
provisitlll of this Contract bV Conuacto,· shall not operate as a waiver or continuing wiiver of any
S\.IhseQuent br~ach of the same or iny other provision, nor shall any custom cr .Wiictice which may
arise between the parties in the administration 01' any part or provision of this Contract be con:;:trued
to wi1ive orto lessen the rillt'lt of CFtv to insist upon the performaJ1Ce of Contractor in strict compriance
with the co .... eniirltS, terms end condjtiO:ls of this Contract,
CITY Of PA(O A( TO: Fo,mJi/ Contract fSamp/9) IWFB {101921 SECTION 00500--.2
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PART 11-FORMAL CONTRACT SECTION 00500
9. Compriance with La\,-,,_~. Cor1tractor shari comply witt"l a:1 Laws !lOW ir; fOlce Of whicl'1 ma,. hereafter
be in for.:e pe~tajninQ to th~ Projec\ and \VorK and this COi'ilfdct, wi,h the requirement of any bono' or
fire underwriters or nther similar body now O~ hereafter conStituted. witl'1 any d:scrstion~r,. license or
permit issued ptusuant ~o any law c( "ny pubr;c 3QR11C,. or official as wei! as WiL~ any ployisian of arl
recorded documents affectinc the Project site, insofar as afly are reCluir~d by reason of the use or
occupancy of the Prolect site. and with all Laws ~ertdini~l!;;l1a nondiscrjrn~natjon and affirmative actiun
in employment and ha1:'3rdo:..JS materials.
10. ~. As a conc1it!on precedE:nt te City's obl~rJation to pOiIy compensation to Contractor, and on Of
hef<lre t~)e Date of Execu~i'On, Contractor shall furnish to t!1e Pr:jject Mana~er tMe Bonds as reQuirtld
under the Notice Inviting Fermal Bids.,
11. RMresentatio('lS ano W3rramies. i;-, the supp!y 01 any ma!erials and' equipment a"ld the rendefiflJJ of
labcr and services dufing the course and scope of the Project and Work, Contrac:or represents and
war!ants:
9. Any materlais and e~uipment which shall be used durir.g: the course and scope of the Project
and Work shan be vested in Contrac10r;
b. Any materials and e~ujpment which shafT be lIsed durinC the course and scope of the Project
and Wo,k sl'1all be merchantable and fit to be used for the particular pur,p.Qse for which the
materials are required;
c. Any labor a:"ld services rendered and materials and equipment used or employed cfuril'"1C the'
caurse and scope of the Project and Work shall be free of defects in workmanship for a period
of one (1) year after the recordOiltion of the Notic~ of Substantial Completion, or, if no $ucll
notTce 1s required to be flied, en the date that final payment is made hereunder;
d. Any miinu1acturer's warranty obtained by Con!ractoi shall be obtained cr shan be deemed
obtained by Cc:nt~actof fo, and on behalf of Cit)'.
e. Any tnforma!ion submitted by Contractor prior to the awa.d of Contract, or there<.lfrer, lIP on
request.. whether or not submitted under ii condnuina obJi~atian by the terms of the ContrCle!
to do so, is true and correct at the time such informatiun is. submitted' or made ava~able 10 the
CiW;
f. Contractor has not conuded, conspired, or a\lreed, directly or irufirectly, with any person in
regard to the terms and concfrtions of Contrac(or's Sid, except as may be permitted bv tl'1e
Nouee Invitin~ Formaj Bids;
\2. Contractor has the power and a.uthority to enter into this Contract witli CitY, that the indlvidua:
executinQ this Contract is dur..,. authoriO:zd to do so by appropriate resoluti<:!n, and that thls
Contract shall be executed, delivered and p£riormtl'd pursuant to the power and authority
C'Qnferred upon tha ,person or persons authorized to bind Contrar;tor;
1'1. Contractor l'1as not made an ,Ht9mpt to exert undue inf:uence wltli the Pl.'rchasin,g Manager or
Project Manager or any othe! person who hilS d'irectry contributed to City's decisiOn to award
the contract to Conusctor;
CITY of PALO At TO: Formal Con'(fllct fSampfe) NIFS {10192) SECT JON 00500-3
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PART /1-FORMAL CONTRACT SECTION 00500
L There ar& no unresolved claims or disputes between COl1tra~tor ~nd CiT'1" which would
materially affect Contractor's abiJity to perform under the COIlti3ct;
j. Contractor has furnished and .. '.i~1 fu~r.ish true and aecur,He statements. records, repons,
resolutions, certificC!:tions, and other wrinen ir.form"Qtion as may be requested of COntractor by
City from time to time durinl:l the term of !.his Contract;
k. Contractor and any pe-rson perfD.rninQ labor and ser'o';ces under this Pmject is du'y r.Cl;!nsed as
a ~ontractor with the State of CO'lifornia as reQuired by CaHfomia B",sines$/Jr Professions Code
SeCtiM 702B, as amsnded; and
L Cont .. actor has fully examinei:l and inspected the Project site and has full knowlecl;le of th&
physical conditlons of the Project site,
12, ASSignment. Th~s Contract and the perfl)rm:!lr'lc;e re~ulred hereunder is personal to Contractor, and it
$n~1I not be as..sioned by ContracllJr. A .... \· attempted assignment sha!1 be :lull and void.
13. Claims of Contrac1"pr. All claims pen:ainin~ to u!rit work, additional char~es, or delavs within the
Contract Time or other alsputes arisinQ out r::'f th~ Contract shalj .be silbmitt&d by Contractor to City
in writing by certified or registered ma~ within ten 11 0) Days after the claim alose 0( within such othar
time as may be oermitted or requirei:l by iaw, and shall be describ-ed in sufficient detail to give adequate
notice nf the substim~ of the c1aim to City.
14-. AlJ.ill...~, During the term of this Contract and for a period of not lass than three (3) years after
tne eJlpiration or earlier termir.atfDn of L~is Contract. City s~an have the ri~ht to aUolt Contractor's
Project-related and Work-nlated writings 8.,d business records, as such terms art.i deflned in California
Elolidence Code Sections 250 and 1271. as amended, durin~ the re\;l"ular busir.ess h()tJ(s of Contr.;!ctor,
or. if Contractor has no such hours, during the regular business ~ours c,r City.
1.5. ~~. All al:j:reeme;"lts, app"lntments, approvals, authorizations, claims, demand's, Change Orders,
-consents, desi\;l"natiol".s, nGtices, offers, re~uests ilr>d statements given by either pany to the other shall
be in writino and shan be suffi=ier.tj·", ~i\{en 21"'.d served upon the other party if (1) personany server.',
lZi sent by t~e Un'rted Sta~es mail, postaQe prepaid, 131 sent by pri\lilte express deli\lery ssrvice, or i4)
in tt1e case of a facsim~e transmi~Slon, if sent to the tel()pr-'one FAX number set 'orth below durin~
regular busif')ess hOLJrs of the receiving party and folTowed witnin two (.2) Days by dervery of a hard
copy ortl'l8 material,sent by facsimile trar.smission, in accordance with (1), (2) or ,3) above. Personal
service shan include, witt'lout [imitation, servlce by delive~ and service bv facsim~e transmission.
To City: City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Paio Alto, CA 94303
CITY 01 PALO Al. TO .. FOfm51 Con(fsct fSsmpteJ MFS (10/92)
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SECTION 0050D-4
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PART II-FORMAL CONTRACT
Copy to:
To Contractor:
City of Pa 10 Alto
Department of ___ _
250 Hamilton Avenue
P.O. 80x 10250
PaiD Alto, CA 94303
141 51 329---::-,:-::-_
FAX: 14151 329-_
AnN: Project Manager for Project
1_1 ______ -----
FAX: 1_) _________ _
ATTN:
SECTIO:~ 00500
, 6. ~ation at Cjty Fund,~. This Contract is subje~t to the fiscal provis.ions \:If Anicle III. Section 12
of the Charter of the City of Palo Alto. Any char!;lcs hereunder for labor, services, materials and
equipment may accrue on II' after such experlditures have been approved in advance in writing in
accord'ancB with appljcable laws. This Contract shan terminate Wlthout pend!ty (ii at the end of any
fiscal year tn 1he event that fl..lnds are not approprialed for tl'1e followin", fiscal year. or [ii) at any time
whhin a fiscal year in the event that funds 8;e only appropriated fer :t portion of the fisca' yea, and
funds for this Contract are no 10llQer availabre. ThjS Ser.ti-on 16 shaJI control in t"e e\lent of a conflict
with any other prevision of tnis COrltfiict.
17. MisCS!ITgnegLJs.
a. Ba~ee Disclaimer. Tne parties understand and a~ree L'lat Cltv d~$ not purpOrt to be
Contractor's bailee, and City is, tnerefore, not responsible for any damage to the personal
property of Contractor.
b. Consant. \'Vheneller in thi; Contract the approval or consent of iI party is reQuired, such
apprOl,ial or consenr shall be in ,"Hrtini,1 and shall be executed by a person hailing the express
authority to g~ar"1t such approval or consent.
c. Controllin~ Law. The 'parties a~ree that tnis Contract shall be ~ollerned and construed by and
in .;u;corctance with the laws of the State-pOS&lhdJ.
CITY of PAL. 0 AL. TO; Formal Conttact (Silmple) MF8 (10/92) SECTION 00500-5
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PART 11-FORMAL CONTRACT SECTION 00500
d. Definiti~[!s. TI,e def:nitions and terms SfH fanh in Section 1 of the S~andard Drawin~s and
Spe..:ifications n 992) of thi~ Cor-Fact an;." ir:COrpD!.::lted hp.fei'l by reference.
8. Force Majeur'B!. Neither pan..-shall be 6eem~d to be ~n defC:lJlt on .. ceoum of a"y delay or
faillJrs t,;, perform its obHQations under t"'rs Contr~ct which directly re!;;uits from an Act of God
or an act of a superlor governmental authority.
r. HeadinlOlS, Th~ paragra;lh l1ead~nQs are .. ot a part of th;s Contract and shall have no effect
upon the cons.truction Of lnterprstatfon of any part of th,s Contract.
g, Incorpora!i-::ln of Documents. Afl doCuments constrtutin~ the Contract documents. described
in Section 3 hereof and an documents which may, from time to time. be referred to in ar.yduly
executed amen::!mer:t hereto ari! by suc:, ref tHence incorporated in this Contract and shall be
deemed to be part of this Contract.
h. Inte~rauon. This Contract and any amendments heietC betwee,l the parti!!!S canstihrte '(he
entire agreement between t"ns p3rties concernjn" the Project and Work, 2nd there are no other
prior orel 0:'" written aoreements bl!tween the partjes that are not incorporated in th~s Con!rCict.
i. Modification of Agreement. This Contr:;;ct shall I'"1ot be modified or be binding I,.'pon the pa;ties,
unless s'-Ich modification is agreed to in writing ",i1tj signed by thi:< parties.
j. Pro'Asian. Any agreement, covenant condition, clause, Cluarification, restriction, reser ...... tion.
term or other stipulation in the Contract shall define or otherwise control, establish. or f1mit the
performanc9 required or permrtted or to be reQulred of or permitted by either party. An
provisions, wheLr,er CXlvenants or c-onditfOrl:;, 5ha:1 be deemed to be both covenants and
conditions..
k. Resolution Contractor st,all submit with its Bid a copy of any corporate or partnership
resolution or other writing, which authorizes any director, officer or ether employee or partner
to act for or on behaif of Contractor or whicf":. authorizes Contractor to enter int:l' this Cor,tract.
L Seve.rat:-fIIty. If a court of competer"1t jurisdic!ion finds or rule$ thClt an)! provision of this
Contract is void Of unenforceabfe. tne prol.llsions of this Contr"ct no! so affected shall remain
in full force and effect.
m. Status of Contractor. In the exercise of rights and o~ligations under this Contract. Contractor
a.:ts 85 an indepAndent contractor and not as an aQent or emplcyee Df City. Contractor shan
not be entitled to any rights and benefits accQ.ded or accruing to the City Council members.
officers or employees of City, and Con~racto( exp~essly waives any and an claims to swch ri"l'1ts
and b.mefits.
n. Successors. and AssilJns. The prol.lJsiorls of this Contract shall inure to th!:O benefit Of. and s~an
apply to and bind. tM SlJccessors and assigns Qf the panies.
CITY Df rALO Al TO .. Formal Can/filet (Sample) NIFB (10/92) SECTION 00500-6
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PART 1/-FORMAL CONTRACT SECTION OO~OO
o. Time or the Essence. Time is of the eS<;f,l1ce of this Contract and each of its pro,,·isions. In
tile calcuration of time hereunder, the time in w'1i(:1i an act is to be perfQlmed shall be
compl.l!p.d by excfudinQ the fir:>t Day and includ;nOl the rast. jf the time in which an !let is to
be performed fails on iI SatIJrd.a:y, Sunday, or 3"Y Day obseNed as,2 legal holiday by (:rty, the
tlme f<Jr p~rfr..lrm.<'lnce shall be elo:tenc;j<;d to ths forlo ......... i;;a Busi"ess O;i.\y .
.p. Venue. ln the event that s ... it is brou~nt b')o' either party hereunder, ~e parties aljlree lnat trial
of sllch act~on shall be vested €xdwsi"ely in the state courtS of California in tMe County of
Santa Clclfa in the City of San Jose or in the United States District Court for the Northern
District of Califomia jn the City of San Jose.
q. Re:overy of costs. ThE preva~fi.')Q party in any action bro .... ght to enforce the terms of this
Contract or ariSing 01.'1 of this Contract may recover its re<l<:;onabl,e costs.. incllJc;"lng reasonable
attorney's fees, ;ncuned or expended in connection with such action CllOarnst the non-prevai1;r~
party.
iN WITNESS WHEREOF, the partles have executed this Contract on the date forst above st .. ted in Paro
A!to, California.
ATTEST: CITY OF PALO ALTO, CAUFORN1A
By: ______ _
City Clerk Mayor
APPROVED: CONTRACTOR:
By: ___________ _
City Manager
NaiT1~; _______ _
Director ~f Utflities Titie
Dir~~or of Finance Taxpayer I,D. No. _____ .
Risk. Manager
APPROVED AS TO FORM:
Senior Assistant Cir-y Attomey
END OF SECTION
CITY of PAL 0 Ai TO: FormaJ Cormac r (Sampls/ N/FB (10/9]) SECTION 00500--J
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ORDINAl;CE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO AL?D
AMENDING THE BUDGET FOR THE FISC.:'L YEAR 1992-93
TO PROVIDE ADDITIONAL FUNDING
:fOR THE DOWNTOWN IV (JNDERGROm:DING PROJECT AND
THE' CHANNING/ADDISON CONVERSION PROLJECT IN THE ELECTRIC FUND
WHEREAS. pursuant to the provisions of Section 12 of Article
III of the Cha.rter of the city of Palo Alto, the Council on J;J.ne
22, 1992 did ~dopt a b·.ldget for fiscal year 199:2-93; and
WHER~'S, the Council has ap~roved the creation of Underground
utility District #34 consisting of the Do~~town IV and the
Channing/Addison Under-grounding Projects; ar:d
WHEREAS, it is possible to realize savings by combining the
existing fundiJ"'lg in 1992-93 for these projects ""ith tt-.e funding
proposed for these projects in the 1993-94 proposed bUdget; and
WHEREAS, it is proposed that funds be drawn from the System
Improvement Reserve, and funds proposed in the 199]-94 Capital
budget for the Channing/Addison and Downtown rv Underground
proj eets lI.'ill be reduced prior to the: adoption of the budget by the
Council;
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SE~I.mL . ...l. The sum of Two Million Three Hundred Thousand
Dollars ($2,300,000) is hereby ~ransterred to the Channing/Addison
Underground Project and system Improvement Heserve is
correspondingly reduced.
SECTION 2. The sum of Sixty Five Thousand Dollars ($65,000)
is hereby transferred to the Do· .... nto ... n IT.; Underground Project and
the System Improvemer.t Reserve is correspondingly reduced.
~~CTION 3. These transactions ~ill reduce the System
Improvement Reserve from S11,200,OOO to $8,835,000 as of June 1,
1993.
SECTION 4.. The Council of the Cit}' of Palo Alto hereby finds
that the enactment of this ordinance is not a project under the
California Environmental Qualit}, Act and, therefore, no environmen
tal impact assessment is necessary.
SECTION 5.
Municipal co·je,
adoption~
As provided in Section 2.04.375 of the Palo Alto
this ordinance shall become effective upon
o
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTE.."lTIONS:
A&SENT:.
ATTEST:
Clty Clerk
APPROVED AS ~O FORM~
Sr. Asst. City Attorney
APPROVED:
City Manager
Director of Finance
Director of Utllities----
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APPRCoVED:
=::-----------Mayor
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SPECIFIC AGREEME~ FOR JO!NT PAR~XCIPA~:ON
INSTALLATION OF UNDERG~Ou.ND FACZLITIE9 SYSTEM
CNDERGROUND UrILITY DIST~IC~ NO. 3~
TRIS AGREEMENT, made and entered into this _ day
ot f 1993, by and among PACIFIC BELL~ a California
corporation, hereinafter called «COMPANY,II CABLE COKKUNICA'l'IONS
COOPERATIVE OF PALO ALTO, INC, a California Corporation,
he.reinafter referred to as UCABI.B COOP'. and the CITY OF PALO
AL"rO, a municipal corporation hereinafter called "CIT¥":
• I ~ • ~ S B B T H:
WHEREAS, CITY, CABLB COOP and caKP~ on September ~4, 1990
entered into an agreement (Contract No. MP-72Jj en~itled -AK£NDZD
KAS~~R AGREEMENT FOR INSTALLATION OF ~NDERGRO~ FACILlrIES
a~STEM9 BY AND AMONG TKB CITY OF p~ ALTO, PAC~PXC BELL AND
CABLe COOP (LESS TaAlrI $25,000.00)" which agreement provided tor
jOint participation in the installation of undergrvund facilities
systecs, subject to CITY'S council approval where C~TY'S share of
oost vill exceed Tventy-Fiva Thousand Dollars ($25,000). and
WHEREAS, it is necessary for CiTY to open trenches in the
area of the City of Palo Alto in connection with utility District
No. 34 -Project" authorized by city of Palo Altc Ordinance No.
4112 adopted November 2, 1992; and
waEREAS, crTY will act as the Trenching Agent under the
master agreement and CABLE COOP and COMPANY aesire to have
installed in the open trer,ches certain of their O"Wn uslde.rground
facilities the share of ~hich installation costs will exceed
Twenty-Five Thousand Dollars ($23 1 000,;
NOW, TREaEFORE, the parties hereto agree as fol1o~s:
SECTrON 1. CITY agrees to act as Trenching Agent to install,
or have installed, certain underqround facilities to be used
exclusively or shared by and among CITY, CABLE COOP and COMP~~
in connection with the project. The extent and location of such
facilities shall be aqreed upon by tne authori~ed representatives
of the parties hereto prior t'O such insta.llation~ COXPANY and
CABLZ COOP each agree to reimburse CITY for the respective costs
of such installation in accordance with the terms set forth in
Exhibit NAN (Terms of Agreement) and Exhibit -B-{Bidder's
proposal), Downtown Iv/channing/Addison Conversion Project,
utility Trench and Substructure \U~U.D. No. 34) attached hereto
and by this reference incorporated herein.
SEC'l'!ON 2. This is a separate agreement approved by CITY'S
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Ccu~cil a~ conte~plateQ by section 2(C; cf Contract No. MD 723,
and the terms and conditions of contract No. MO 723 entitl-ed,
"AK!NDED KASTER. AGREEMENT FOR INSTALLATION OF C'NDERGROtiND
FACILITIES SYS'1'EMS BY J.N1) AMONG THE CITY OF PllLO ALTO, PACZI'IC'
BELL.AND CABLE COOP (LESS. THAN $25 .. 000.00)," dated september 24,
1990, among CITY, CABLE COOP and COMPANY including any future
amendments thereto, are hQreby incorporated by reference into
this agreement. A copy of contract No. MD 723 is attached hereto
as Exhibit IIClf~
IN WITNESS WKEREO:;", the parties have caused this agreement
to be executed the day and year first abave written.
AT-rES'l':
city clerk
APPROVED AS '1'0 FORM:
Sr. Assistant City Attorney
APPROVED:
Director ot Finane.
Director ot Purchasinq
Director of Utilities
CITY OF PALO AL~O
MAyor
PACk17?
BYI ~:--t
~IrLE:fi'29& -dP.?!)fJ
CABLE COKKUNICATIOBS
COOPERATIVE OF PALO AL'1'O, INC.
By' ______________________ __
'I'ITLE' ____________________ ___
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DOWNTOWN rV/CEANNING/ADDISON UNDERGRO~~ ~~NVERSION PROJECT
CONSTRUCTION CONTrtAcr (See attached bid items for breakdown ot
cost estimate.)
1-All bid items solely for the CITY use shall :be charged 100%
to the city.
2. All bid items solely for the COMPANY use shall be charged
lOOt to the Company.
J. All bid items solely for CABLE COOP use shall be charged
100\ to the CABLE COOP.
4. All joint trench bid item costs viII be determined using a
space/cost allocation formula, ."hich divides the minimUll\;
trench area required fer each trench occupant individually
by the sum o£ the minimum trench areas for all occupants.
5. Pavement and surface restoration over jOint trench shall be
shared equally by the nuaber ot occupants in the trench.
6. All optional items shall be charged 100l to the CITY.
7. Cost of compaction testing shall be charqe~ 1/3-1/3-1/3 to
the CITY I CABLE COOP and COMPANY.
B. BID PACKAGE PREPARATrON AND CONTRACT ADMINISTRATION
Four p~~cent (4\} of CABLE COOP • COMPANY shares of actual cost
of construction shall be addea to CABLE COOP and COMPANY cost for
bid package and contract a~inistration performed by CITY staff.
C:\WPDOC\DT34\AGRSPECZ.DJ4