HomeMy WebLinkAbout1999-06-15 City Council (5)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:JUNE 15, 1999 CMR:272:99
SUBJECT:
APPROVAL OF
CONTRACT NO.
AMOUNT OF
AWARD OF CONSTRUCTION CONTRACT IN THE AMOUNT OF
$670,934 TO K. J. WOODS CONSTRUCTION, INC. AND
AMENDMENT NO. 2 TO CONSULTANT
C7090020 WITH CH2M HILL, INC. IN THE
$65,046 FOR STORM DRAIN SYSTEM
REHABILITATION PROJECT - PHASE 2, CIP #47713
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with K. J. Woods
Construction, Inc. in the amount of $670,934 for the Storm Drain System
Rehabilitation Project - Phase 2.
Authorize the City Manager or her designee to negotiate and execute one or more
change Orders to the contract with K. J. Woods Construction, Inc. for related,
additional but unforeseen work, which may develop during the project, the total value
of which shall not exceed $67,000.
Approve and authorize the Mayor to execute Amendment No. 2 to Consultant
Contract No. C7090020 with CH2M Hill, Inc., in the amount of $65,046, for
construction stage services on the Storm Drain System Rehabilitation Project -
Phase 2.
Increase the City Manager’s or her designee’s authority to negotiate and execute one
or more change orders to the contract with CH2M Hill, Inc. for related, additional
but unforeseen work, which may develop during the project, the total value of which
change orders shall not exceed $50,000. This represents an increase of $6,500 in
staff’s authority, from $43,500 to $50,000 for all change orders.
CMR:272:99 Page 1 of 3
DISCUSSION
Project Description
The work to be performed under the contract consists of the replacement or rehabilitation
of deteriorated storm drain pipelines, manholes, and drain inlets and the construction of
minor drainage improvements to eliminate chronic ponding areas at locations throughout
the City. The individual drainage system components to be replaced were identified in the
1993 Storm Drain Condition Assessment Report. The chronic ponding locations to be
addressed were identified by City maintenance staff and through resident complaints.
In order tO keep the community informed about the project, staff has sent out informational.
postcards to those residents and businesses that will be impacted by the construction
activity. In addition, the project specifications contain provisions that require the
contractor to notify affected residents and businesses prior to the actual start of
construction, to provide traffic control during work hours, and to finish work at individual
work sites within a specified time frame.
Bid Process
A notice inviting formal bids for the Storm Drain System Rehabilitation Project - Phase 2
was sent on May 3, 1999 to fifteen (15) builders exchanges and four (4) contractors. The
bidding period was 30 days to allow sufficient time for contractors to prepare their bids.
Bids were received from three (3) qualified contractors on June 2, 1999, as listed on the
attached bid summary (Attachment A). Bids ranged from a high of $ 723,288 to a low bid
of $ 670,934.
Staff has reviewed all bids submitted and recommends that the bid of $670,934 submitted
by K.J. Woods Construction, Inc. be accepted and that K.J. Woods Construction, Inc. be
declared the lowest responsible bidder. The bid is four percent above the engineer’s
estimate of $646,433. The change order amount of $ 67,000, which equals 10 percent of
the total contract; is requested in order to cover the cost of project changes resulting from
unforeseen conditions such as underground utilities and other obstructions that are not
shown on the City’s record drawings.
Staff checked references supplied by the contractor for previous work performed and found
no significant complaints. Staff also checked with the Contractor’s State License Board
and found that the contractor has an active license on file.
Consultant Services Description
In October 1996, Council awarded a consultant contract to CH2M Hill, Inc. in the amount
of $385,835 for the design of a storm drain system rehabilitation project and a separate
project for storm drain improvements in the Barron Park neighborhood (CMR:428:96).
The contract included provisions for construction stage services, but the detailed scope and
cost of these services were not negotiated as part of the initial agreement, because the exact
CMR:272:99 Page 2 of 3
scope of the construction projects had not yet been defined. In September 1997, Council
approved Amendment No. 1 to the consultant contract, which included costs for
construction stage services for the Barron Park storm drain project (CMR:390:97).
The attached Amendment No. 2 to the consultant contract with CH2M Hill, Inc. in the
amount of $65,046 covers construction stage services for the Storm Drain System
Rehabilitation Project - Phase 2. The consultant will assist staff by providing technical
civil engineering expertise throughout the four-month duration of the construction project.
Services to be provided include--review of contractor submittals, attendance at pre-
construction and weekly project meetings with the contractor, assistance with clarifications
and change orders during construction, and preparation of record drawings.
RESOURCE IMPACT
Funds for this project are available in Capital Improvement Project #8870, Storm Drainage
Collection System Improvements.
ENVIRONMENTAL REVIEW
The project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA).
ATTACHMENTS
Attachment A:Bid Summary
Attachment B’Contract
Attachment C:Amendment No. 2 to Consultant Contract
PREPARED BY:
DEPARTMENT HEAD:
Joe Teresi, Senior Engineer
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CMR:272:99 ,, .Pa=e 3 of 3
ATTACHMENT A
AMENDMENT NO. 2 TO CONTRACT NO. C7090020 BETWEEN
THE CITY OF PALO ALTO AND CH2M HILL, INC.
This Amendment No. 2 to Contract No. C7090020 (~Contract")
is entered into , 19__, by and between the CITY OF PALO
ALTO, a chartered city and a municipal corporation of the State of
California ("CITY"), and CH2M HILL, INC., a Florida Corporation,
authorized to do business in California, located at 1737 N. ist
Street, Suite 300, San Jose, California, 95112-4524, Taxpayer ID
No. 59-0918189 ("CONSULTANT").
RECITALS
WHEREAS, the Contract was entered into between the parties
for the provision of professional engineering services for the
City’s Storm Drain System Rehabilitation Project; and
WHEREAS, after the Contract was executed, the Project was
delayed for reasons beyond the control of both parties; and
WHEREAS, the parties desire to amend the Contract to
compensate CONSULTANT for additional costs the CONSULTANT incurred
in completing the design of the Project as a result of the delay;
and
WHEREAS, the CITY desires CONSULTANT to
construction management services for the Project; and
perform
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
SECTION I.
follows:
Section 5.1.1 is hereby amended to read as
~In consideration of the full performance of the
Basic Services, including authorized reimbursable
expenses, CITY will pay CONSULTANT a fee not to
exceed Four Hundred Fifty-Six Thousand Two Hundred
Fifty-Two Dollars ($456,252). The amount of
compensation will be calculated in accordance with
the hourly rate schedule set forth in Exhibit "B",
~on a time and materials basis, up to the maximum
amount set forth in this section."
SECTION 2. Exhibit "A" of the Contract is amended by
adding Exhibit "A" of this Amendment.
SECTION 3. Exhibit "B" of the Contract is amended by
replacing the Rate Schedule and adding the Payment Schedule as
shown in Exhibit "B" of this Amendment.
990607 sdl 0052274 1
SECTION 4. Exhibit "C" of this Amendment shall
supersede Exhibit "C" of the Contract.
SECTION 5. Except as herein modified, all other
provisions of the Contract, including any exhibits and subsequent
amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have by their
duly authorized representatives executed this Contract on the date
first above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:CH2M HILL, INC.
City Attorney
APPROVED:
Assistant City Manager
By:
Director of Administrative
Services
Name:
Title:
Director of Public Works Taxpayer Identification No.
Risk Manager
Attachments:
59-0918189
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
~In the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
EXHIBIT "A":
EXHIBIT "B" :
EXHIBIT "C" :
SCOPE OF PROJECT &TIME SCHEDULE
P~ATE SCHEDULE
INSURANCE
990607 sdl 0052274 2
CERTIFICATE OF ACKNOWLEDGMENT
.(Civil Code § 1189)
) ss.
On ~’/P~ , 19~, before me, the undersigned,
a Notary Public in and for said---County and State, personally
appeared ~Z~(’~ ~/~ , Pe~-l~y
~ proved to me on the basis of satisfactory evidence
to be the person(~) whose name(~) is/a~ subscribed to.the within
instrument and acknowledged to me that /~e/she/t-~ executed the
same in N-i~s/her/t4~ authorized capacity(i~s), and that by
4~/her/t/~ signature(~) on the instrument the person(~), or the
entity upon behalf of which the person(~) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature of Notary Public
990607 sdl 0052274 3
CH2M HILL CORP.
I, S. Wyatt McCallie, Assistant Secretary of CH2M HILL CORP., hereby certify that the following is a
resolution adopted by the Board of Directors at its meeting duly called and held on February 4, 1994, at
which a quorum was present and acting throughout: ~ ~
BE IT RESOLVED that the authority to execute, on behalf of this corporation, or any of it~
affiliates or subsidiaries, agr.eements pertaining to performing services for clients is hereby
granted by this Board of Directors to all designated officers of the corporation.
BE IT FURTHER RESOLVED that the President or Senior Vice President/Finance may, from
time to time, authorize individual employees of the corporation, or any of its affiliates or
subsidiaries, to execute agreements pertaining to performing services for clients. Provided,
however, that such authorization is in writing authorizing the individual by name and title to
execute agreements.
BE IT FURTHER RESOLVED that the authority to execute, on behalf of this corporation, or
any of its affiliates or subsidiaries, agreements other than those pertaining to performing
services for clients is hereby granted by this Board of Directors to all designated officers of the
corporation, Regional Business Managers, Assistant Regional Business Managers, Office
Service Supervisors, Regional Human Resource Managers, Senior Contract and Contract
Administrators, Document Production Managers, Regional Administrative Specialists, Market
Segment Leaders, Business Practice Leaders, Corporate Department Managers, Manager of
Purchasing, Manager of Facilities, Manager of Field Equipment Programs, Assistant Corporate
Administrative Manager, Recovery Rate Administrator, and Corporate IT staff, as specifically
authorized by the President or Chief Administrative Officer.
BE IT FURTHER RESOLVED that the President or Chief Administrative Officer may, from
time to time, authorize individual employees of the corporation, or any of its affiliates or
subsidiaries, to execute agreements other than those pertain~g to performing services for
clients. Provided, however, that such authorization is in writing authorizing the individual by
name to execute agreements.
I further certify that Valerie J. Young is a Vice President for CH2M HILL, INC., a wholly owned
subsidiary of CH2M HILL CORP.
S. Wyatt McCallie, Assistant Secretary
STATE OF COLORADO )
COUNTY OF ARAPAHOE ) ss.
Subscribed and sworn to before me this 13~ day of November 1997.
Valeri~ Widgren, Notary ~ul~lic
My commission expires
September 9, 2000
C \W~taCC~LLIEWPREsoLu~’ION O~c 11/13/97 2"45 PM
CH21 HILL
Officer Certification and Signature Authority
This document certifies that Valerie J. Young is a Vice President of CH2M HILL, INC. As an officer of
this corporation, you are hereby given the following responsibilities and authority:
¯You may sign documents which legally bind the firm in accordance with the attached Signature
Authority Policy for I&E, including the signature authority matrix (Exhibit 1).
Your signature on any document constitutes legal authorization on behalf of the firm and
represents that, based upon your review of the document, you agree to be held responsible and
accountable for the commitments made in that document.
Your certification as an officer does not constitute an employment contract, nor does it alter in
any way your status as an employee-at-will.
You have been given a position of trusi by the firm and agree to carry out these responsibilities
consistent with all applicable policies of the firm, including but not limited to the firm’s Business
Conduct Policy and the requirements of Section 9 of the firm’s Policy and Procedure Manual.
Your status as an officer is at the discretion of the Board of Directors of the corporation listed
above, is reviewed annually, and may be revoked at any time, with or without cause.
By my signature below, I hereby certify that Valerie J. Young is an officer of the corporation listed
above, consistent with my authority as granted by the corporation’s Articles of Incorporation and the
implementing bylaws.
Dated this 19th day of December, 1997.
Signature:~
Name:Craig T. e~
Title:President
Corporation:CH2M HILL, INC.
COR/3439CERT.OOC 94
¯ Exhibit A
Scope of Services for Design and Construction Services for the System
Rehabilitation Storm Drain Improvement Project
Task B.1 Project Management (Construction Documents)
The original contract was signed on November 13, 1996. The fee for the project management
task was based on an estimated project length of eight months. The duration of the contract
to date is now 30 months. The project was on hold for several months and then restarted.
During this time, the CONSULTANT was also administering another contract for the City
(Barron Park Storm Drain project), so the monthly processing charges on this project were
held to a minimum as much as possible. Most of the contract for the Barron Park Project was
completed in September 1998. The CONSULTANT has continued to provided project
management services to the City since September 1998 and requests an adjustment to the
original fee. A portion of the request has already been approved by the City from the
optional services budget. The outstanding amount requested is $669 as shown in the
attached spreadsheet.
Task B.3 Design Services
As stated above, the contract duration has been lengthened by approximately 22 months.
The extended contract has resulted in additional effort being required by the
CONSULTANT to complete the construction documents. During this extendedtime, hourly
change rates increased and additional coordination effort was required with the City and ’
other agencies such as the Joint Powers Board.
The content of the construction documents has also changed over the course of the project.
Several additional sites were added to the project (El Cerrito, Cotuntry Club Drive,
Kendall/Whitsell, and Park Blvd.) Although other sites have been dropped from the
construction pahkage, ’the sites were evaluated and designed to a 65% level of effort before
being removed from the contract. A credit for not completing these sites is taken into
consideration in our fee request of $15,000.
Task B.4 Project Management (Construction Services)
The CONSULTANT shall provide project management for the construction phase of the
System Rehabilitation Storm Drain Improvement Project. The project manager will be
responsible for coordinating the project team, providing the resources to resolve Contractor
inquiries or clarifications, monitor budgets, prepare monthly invoices, and complete project
closeout.
Project Coordination and Documentation
CONSULTANT shall coordinate with the CITY and the CONTR_ACTOR during the
construction phase of theproject. CONSULTANT shall doctument changes, revisions or
in.~tructions to the CONTRACTOR. CONSULTANT shall prepare documentation and send
copies of all written correspondence to the CITY. CONSULTANT shall inform the CITY of
any adjustments to the scope or cost of the project prior to completing the work, and shall
not proceed with outZof-scope items of work until CONSULTANT receives written
authorization from the CITY.
Monthly Project Status Report and Invoice
A monthly invoice will be prepared. Each monthly invoice will show a breakdown of hours
and charge rates based on a hourly rate schedule for two tasks: project management and
construction services. The budget is based on a four month duration for the construction of
the project. If the project extends beyond this four month time period, the preparation of
additional monthly invoices will be considered as additional services.
Project Closeout
Throughout the project, all correspondence and documentation will be filed in project
noteboo "ks. At the completion of the project a final invoice will be prepared and the final
documents and records will be sorted, archived and stored off-site appropriately for future
reference.
Task B.5 Bidding Assistance
Bidding Assistance services shall consist of providing project management and engineering
support during the bidding process (estimated to be no more than two months). This task is
considered as part of the basic design services and no adjustment to the fee is requested at
this time. The bidding process shall begin at the point the final construction drawings are
approved by the CITY and continue until CITY awards a construction contract.
The following activities are anticipated:
Respond to Contractor inquiries during the bidding process
o Assist CITY staff in.analyzing bids
Preparation of major addenda requiring issuance of new drawings during the advertising
period will be considered as additional services.
Task B.6 Construction Administration Services
Construction administration services shall consist of providing engineering support for the
City of Palo Alto for the System Rehabilitation Storm Drain Project. Construction Services
shall begin when the CITY awards a contract and continue until the final walk through of
the construction project occurs. The following activities are anticipated:
°Perform pre-construction services (including attending a pre-construction meeting)
o Review of shop drawings and submittals,
°Clarification of technical requirements,
-Assist City in review of Contractor’s change orders,
.Periodic site visits,
¯Weekly project meetings
e Preparation of final record drawings
e Attendance at final walk through
Pre-Construction Services
CONSULTANT shall attend one pre-construction meeting with a duration of approximately
3 hours. The CITY will prepare materials and exhibits for the meeting, send notification of
the meeting and conduct the meeting. The CONSULTANT shall be prepared to respond to
Contractor’s questions.
Review of Shop Drawings and Submittals
CONSULTANT shall review shop ~trawings, contractor submittals, and test results for
conformance with the contract documents. CONSULTANT shall make every effort to
return reviewed submittals to the CITY within 14 calendar days.
Clarification of Technical Requirements
CONSULTANT shall assist the City in interpretation of the technical requirements of the
contract documents. If necessary, CONSULTANT shall prepare supplemental sketches for
the Contractor to clarify or modify the original contract documents. Any changes to the
original contract documents shall be incorporated into the final record drawings.
Assist City in review of Contractor’s Change Orders
CONSULTANT shall assist CITY with the review of Contractor’s change orders.
CONSULTANT shall prepare supplemental sketches as required for the change orders. The
CONSULTANT will offer an opinion on reasonable costs associated with the change orders
if reques ted.
Site Visits and Weekly Meetings
CONSULTANT shall assist the City staff and prepare me4ting minutes for the wee "kly
project meetings with the Contractor. CONSULTANT anticipates the project will last
approximately 4 months; therefore there will be a total of 20 weekly meetings
¯ approximately 2 hours in duration with one person in attendance. Periodic site visits shall
be made to the site to observe the progress of the executed work and to determine if the
work is generally proceeding in accordance with the construction documents. We anticipate
there will be two periodic site visits and no meeting minutes will be required. The
CONSULTANT shall notify the CITY of any obviotLs deficiencies noticed while in the field.
This task does not include continuous on-site inspection to check quality or quantity of the
work, or any responsibility for construction methods, procedures or safety precautions.
CONSULTANT shall not specify construction procedures, manage or supervise
construction, or implement or be responsible for the health and safety procedures; shall not
be responsible for acts or omissions of contractors or other parties on the Project; and shall
not have control or charge of and shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs.
Preparation of Final Record Drawings
Based on notations of as-built features provided by the Contractor on bluelines of the project
drawings, the CONSULTANT shall prepare the final record drawings at the completion of
the project. The CONSULTANT shall provide one set of specifications and drawings on
three mil minimum thickness, single matte mylar with photographic fixed-line reverse
printing. An electronic file (AutoCAD version 14) incorporat~g all the revisions will be
provided to the City.
Final Walk Through
CONSULTANT will assist the CITY by observing the status and quality of work and
provide advise and assistance at the completion of the project. This final walk through is
anticipated to be a four hour meeting in the field.
EXHIBIT B
RATE SCHEDULE AND PAYMENT SCHEDULE
The attached CH2M Hill, Inc. Rate Schedule shall replace the Rate Schedule contained in
Contract No. C7090020 between the City of Palo Alto and CH2M Hill, Inc. dated October
21, 1996.
The attached Payment Schedule shall supplement the Payment Schedule contained in
Contract No. C7090020 between the City.of Palo Alto and CH2M Hill, Inc. dated October
21, 1996. The supplemental Payment Schedule covers the tasks to be performed by CH2M
Hill during the construction stage of the System Rehabilitation Storm Drain Improvement
Project, in accordance with the Amendment No. 2.
S~IC/bigjose/wrpoc/wor "k/130000/137623
CH2WtHILL
CH2M HILL
1737 North F=rst Street
Suite 300
San Jose, CA
95112-4524
Tel 408.436.4909
Fax 408,436.4829
Exhibit B
RATE SCHEDULE
PER DIEM RATES - 1999
SYSTEM REHABILITATION PROJECT
PROJECT 137623
GRADE RATE
E7 $141.75
E6 $132.00
E5 $125.50
E4 $96.00
E2 $80.50
E1 $70.00
E0 $64.00
T5 $95.00
T4 $77.00
T3 $72.00
T2 $65.50
T1 $52.00
TA $45.50
OF $56.5O
SJC/bigjose/130000/137623/per diem rates
BAY AREA OFFICE
CH2M HILL 1999 STANDARD SERVICE CENTER RATES
Exhibit B
RATE SCHEDULE
CONFIDENTIAL BUSINESS INFORMATION
COIVEVIUNICATIONS *$1.40/labor hr.
HEALTH AND SAFETY Comprehensive $2.00/labor hr.
(for employees covered by the H&S program)
COMPUTERS:$4.60/labor hr.
REPRODUCTION
- Production Copiers**
- Bond!Vellum 2520 Engr. Copier
- Binding (does not include labor)
- Canon 800 Color Copier
$.06/copy
$.50/sq ft.
$17.00/hr.
$.90 per copy
MILEAGE***
- Passenger automobiles and station wagons
- Pickup trucks and cargo vans
$.44/mi. or $27.50/day
$.62/mi. or $38.50/day
*This assessment includes all costs for direct telephone/telecommunications,
cellular phones, and fax charges.
**Rates shown are for production copiers only. Costs for convenience copiers
are a part of CH2M HILL’s 1999 general overhead rate.
***Daily Rate is >4 hours and <60 miles per day.
Note (I) Rates are subject to semi-annual adjustment to reflect actual costs in accordance
¯ with Federal Cost Accounting Standards
Note (2) This is a partial list of CH2M HILL service center rates. A complete list
is available from Contracts Administration
1998 Standard Rates Rev. 2/2/99
Client/Address:
Contract/Proposal Date:
CH2M Hill
1737 North Fi#st Street, Suite 300
San Jose, CA 95112
May 1999
Kennedy/Jenks Consultants
Exhibit B
RATE SCHEDULE -
Schedule of Charges January 1, 1999
Personnel Compensation
Classification Hourly Rate
Drafter/Technician ................................................................................’. .......$62
Designer/Senior Technician ..........................................................................$78
Staff Engineer-Scientist ................................................................................$72
Senior Staff Engineer-Scientist .....................................................................$78
Engineer-Scientist ........................................................................................$96
Associate Engineer-Scientist .....................................: ................................$110
Senior Associate Engineer-Scientist ...........................................................$120
Senior Engineer-Scientist ...........................................................................$135
Principal Engineer-Scientist .................................: ......................................$145
Senior Principal ..........................................................................................$150
Word Processor/Project Administrator*. ........................................................$53
Non-Technical*. ............................................................................................$42
*Time will be charged only for preparation of technical reports/materials, and special documentation and does not
apply to routine administrative activities.
The above Hourly Rates include normal and incidental costs such as routine communications, postage and office
supplies.
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus
ten percent for items such as: ’
a.Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work.
b.Consultants, soils engineers, surveyors, contractors, and other outside services.
c.Rented vehicles, local public transportation and taxis, travel and subsistence.
d.Specific telecommunications and delivery charges.
e.Special fees, insurance, permits, and licenses applicable to the work.
f.Outside computer processing, computation, and proprietary programs purchased for the work.
Reimbursement for owned automobiles, except trucks and four-wheel drive vehicles, used in connection with the
work will be at the rate of 35 cents per mile. The rate for trucks and four-wheel drive vehicles will be $25 per day
and 40 cents per mile.
Reimbursement for use of microcomputers will be at the rate of $10 per hour. Reimbursement for use of
computerized drafting systems (CADD) will be at the rate of $20 per hour for microcomputer based systems and
$25 per hour for minicomputer based systems.
Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times
the Houdy Rates specified above.
Other in-house charges for prints and reproduction, equipment usage, laboratory analyses, etc. will be at
standard company rates.
Excise and gross receipts taxes, if any, will be added as a direct expense.
The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 1999
through December 31, 1999. After December 31, 1999, invoices will reflect the Schedule of Charges currently in effect.
Exhibit B
PAYMENT SCHEDULE
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Exhibit B
PAYMENT SCHEDULE
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Exhibit B
PAYMENT SCHEDULE
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOt
~ J&H MARSH & McLENNAN INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1225 17TH STREET SUITE 2100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DENVER CO 80202 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
ATTN PAULA DELEON COMPANY
15114-01234 SFOXX SFO A ZURICH AMERICAN INSURANCE COMPANY
INSURED COMPANYCH2M HILL, INC.B NATIONAL UNION FIRE INSURANCE COMPANY
1111 BROADWAY
SUITE 1200 COMPANY
OAKLAND, CA 94607-4046 C
COMPANYD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POUCY EFFECTIVE POUCY EXPIRATIONLTRPOliCY NUMBER DATE (MM/DD/Y’)DATE (MM/DDPt~
A
~I’PE OF INSURANCE
GENERAL UABlUTY
~o~:MERCIAL GENERAL UABIU’rYCLAIMS MADE ~] OCCUR
ER’S & CONTRACTOR’S PROT
AUTOMOBILE UABlUTY
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
A
A
GARAGE LIABILITY
ANY AUTO
EXCESS UABlUl~~UMBRELLA FORM
, OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS’ LIABIUTY
~INCL
EXCL
GLO8378584-04
GLO8378563-04
BAP8378516-04 (ADS)
TAP8378560-04 (TX)
BAP8378561-04 (VA)
MAP8378562-04 (MA)
-BE7011399
WC8378566-05
WC8378565-04
05/01/99
05/01/99
05/01/99
05/01/99
05/01/99
05/01/99
05/01/99
05/01/99
05/01/99
05/01/00
05/01/00
05/01D0
05/01100
05/01/00
05/01/00
05/01/00
05/01/00
05/01/00
UMITS
GENERAL AGGREGATE
PRODUCTS. COMPIOP AGG
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP [Any one person)
COMBINED SINGLE UMIT
BODILY INJURY(Per person)
BODILY INJURY[Per accident)
PROPERTY DAMAGE
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
X I STATUTORY LIMITS
EACH ACCIDENT
DISEASE. POLICY UMIT
DISEASE - EACH EMPLOYEE
"n-lE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
3ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS (UMITS MAY BE SUBJECT TO RETENTIONS)
PROJECT #: 135333.B1.ZZ; HANAGER: CONNIE EICHHORN; DESCRIPTION: BARRON PARK STROH DRAIN IHPOVEHENTS AND STORH DRAIN SYSTEH
REHABILITATION - PHASE 2, THE CERTIFICATE HOLDER IS NAHED AS ADDITIONAL INSURED AS THEIR iNTERESTS HAY APPEAR AS RESPECTS
AUTOHOBiLE LiABiLiTY AND AS PER BLANKET ENDORSEHENT TO THE GENERAl. LIABILITY POLICY,
2,000,000
2,000,000
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
CITY OF PALO ALTO SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
PUBLIC WORKS ENGINEERING EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~AIL
ATTN JOE TERESI 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
250 HAMILTON AVE
PALO ALTO CA 94301
AU ’
3,CORD 25-S (3.,~3) -:..:: ’.::.". ...:..:.:!._. ::::’::.;i":: :".!: "~.- : :--::’~’::’’-~i::- .::..::": .: "..-’":: :..:’-.3
(~ZURICH-AMERICAN INSURANCE GROUP
COMMERCIAL INSURANCE
Insurance for this coverage part provided by: ZURICH INSURANCE COMPANY
This endorsement changes the policy. Please read it carefully.
EXHIBIT C
LIABILITY
INSURANCE
COVERAGE CHANGE ENDORSEMENT
GT,09389584-04
Eff. Date 05/01/99
BROADFORM ADDITIONALINSURED
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOVVING:
COMMERCIAL GENERAL LIABlUTY COVERAGE PART
ALL PERSONS, ORGANIZATIONS OR ENTITIES FOR WHOSE PROTECTION AND BENEFIT THE NAMED INSURED HAS
AGREED TO NAME THEM AS AN ADDITIONAL INSURED BY CONTRACT DURING THE TERM OR THIS POLICY INDICATING
SUCH COVERAGE. HOWEVER, INSURANCE W1TH RESPECT TO EACH PERSON, ORGANIZATION OR ENTITY SHALL NOT
EXCEED SUCH COVERAGE AND/OR LIMITS OF LIABILITy OF THE NAMED INSURED.
U.GL-1 !3-B ( ~ ) (04189)
PRODUCER
VAN GILDER INSURANCE CORPORATION
700 BROADWAY, SUITE 1000
DENVER, CO~LORADO 80203
15114-00005 SFO
INSURED
CH2M HILL, INC.
111,1 BROADWAY
SUITE 1200
SFO
DATE
05/28/99
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIC
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANY
A
COMPANIES AFFORDING COVERAGE
SECURITY INSURANCE CO OF HARTFORD
COMPANY
B
COMPANY
OAKLAND, CA 946074046 C
COMPANYD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LI~rED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMIT8 SHOWN MAY -lAVE BEEN REDUCED BY PAID CLAIMS.
’’CO POUCYEFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POUCY NUMBER DATE (MMIDD/~DATE (MM/DD/YY)
GENERAL UABILITY
~o~MERCIAL GENERAL UABtLITY
CLAIMS MADE I I OCCUR
ER’S & CONTRACTOR’S PROT
AUTOMOBILE MABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
i NON-OWNED AUTOS
GARAGE UABlUTY
ANY AUTO
EXCESS UABlUTY~UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
UMITS
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Any one person)
COMBINED SINGLE UMIT
BODILY INJURY(Per person)
BODILY INJURY(Per accident)
PROPERTY DAMAGE
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
i STATUTORY UMITS
EMPLOTERS’ UABIUTY
THE PROPRIETOR/I I INCLPARTNERSfEXECUTtVE
OFFICERS ARE:EXCL
OTHER
PROFESSIONAL
LIABILITY*
SPL701338 05/01/99 05/01/00
EACH ACCIDENT $
DISEASE - POUCY UMIT $
DISEASE - EACH EMPLOYEE $
$1,000,000 EACH CLAIM AND
IN THE AGGREGATE
A
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIALITEMS (UMITSMAYBESUBJECTTO RETENTIONS)
PROJECT #: 135333.Bl.ZZ; MANAGER: CONNIE EICHHORN; DESCRIPTION: BARRON PARK STROM DRAIN IMPOVEMENTS AND STORM DRAIN SYSTEM
REHABILITATION - PHASE 2.
*FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY
PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE.
CEFrrlFICA~E HOLDER ~i~’~i:~)~:!i . :i ,~:~!::.~i"~:~!!i:~!’ii’!i~i!~i?~i-i;i. !~i;i:i"-." ~ ~ " CANCELLAT~PN.":, ~i!i~i~ . : -,~i:~ii~:i:i~:,~:i:.:!i,,~ii’!:~ i~ :.~..,~;-; !..,
CITY OF PALO ALTO
PUBLIC WORKS ENGINEERING
ATTN JOE TERESI
250 HAMILTON AVE
PALO ALTO CA 94301
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~AIL
ATTACHMENT B
FORMAL CONTRACT - SAMPLE SECTION 50O
CONTRACT No.
(Public Works)
This Contract, number dated , is entered into by and between the City of Palo Alto, a chartered city
and a municipal corporation of the State of California ("City"), and K.J. Woods Construction, Inc., a Califomia Corporation,
("Contractor").
For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor
("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and
shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required
to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
General Scope of Project and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as fol lows:
Title of Project: Storm Drain Pipeline Rehabilitation, Phase 2
Base Bid:$609,569
Add Alternate #1:$ 61,365
Total Bid:$670,934
Invitation for Bid (IFB) Number:113556
Contract Documents. This Contract shall consist 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, interpreting and resolving
inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof
are set forth in the following descending order of precedence.
This Contract.
Invitation For Bid.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
General Conditions.
Standard Drawings and Specifications (1992).
Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
Standard Drawings and Specifications (1992).
Any other document not expressly mentioned herein which is issued by City or entered into by the parties.
Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to
Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon
the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract
CITY OF PALO ALTO: IFB PAGE t OF 8
FORMAL CONTRACT - SAMPLE
o
o
SECTION 500
Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Day s
of the date of receipt of Contractor’s invoices.
Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance
coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by the
Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal
property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall fumish City with the certificates of insurance and with original endorsements affecting coverage
required under this Contract on or before the Date of Execution. The certificates and endorsements for each
insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof
of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers,
employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses,
damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly,
at any time from any injury to or death of persons or damage to property as a result of the willful acts or the
negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law
respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from
Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required
not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on
Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from
the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees,
agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed
by reason of any work performed by Contractor under this Contract at any time during the term of this Contract,
or arising thereafter.
To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this
Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council
members, officers and employees from and against any and all claims, demands, liabilities, losses, damages,
costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in connection wit h
or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract, under the
Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§9601-6975, as amended);
the Resource Conservation and Recovery Act (42 U.S.C. §§6901-6992k, as amended);.the Toxic Substances
Control Act (15 U.S.C. §§2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account
Act (Health & Safety Code, §§25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety
Code, §§25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety
Code, §§25249.5-25249.t3, as amended); the Underground Storage of Hazardous Substances Act (Health &
Safety Code, §§25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance,
or at common law.
Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the
property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting
such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any
of its Council members, officers, employees, agents or representatives.
Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by
City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by
Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other
provision, nor shall any custom or practice which may arise between the parties in the administration of any part
CITY OF PALO ALTO: IFB PAGE 2 OF 8
FORMAL CONTRACT - SAMPLE
IN\~
~he ~
9.
10.
SECTION 500
or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of
Contractor in strict compliance with the covenants, terms and conditions of this Contract.
Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force
pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other
similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of
any public agency or official as well as with any provision of all recorded documents affecting the Project site,
insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to
nondiscrimination in employment and hazardous materials.
Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date
of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Invitation For Bid.
Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and
services during the course and scope of the Project and Work, Contractor represents and warrants:
ao Any materials and equipment which shall be used during the course and scope of the Project and Work.
shall be vested in Contractor;
b°Any materials and equipment which shall be used during the course and scope of the Project and Work
shall be merchantable and fit to be used for the particular purpose for which the materials are required;
Any labor and services rendered and materials and equipment used or employed during the course and
scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after
the recordation of the Notice of Substantial Completion, or, if no such notice is required to be file d, on the
date that final payment is made hereunder;
Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by
Contractor for and in behalf of City.
Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request,
whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and
correct at the time such ii~formation is submitted or made available to the City;
Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the
terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For Bid;
Contractor has the power and authority to enter into this Contract with City, that the individual executing
this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be
executed, delivered and performed pursuant to the power and authority conferred upon the person or
persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project
Manager or any other person who has directly contributed to City’s decision to award the contract to
Contractor;
There are no unresolved claims or disputes b’etween Contractor and City which would materially affect
Contractor’s ability to perform under the Contract; ~
Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions,
CITY OF PALO ALTO: IFB PAGE 3 OF 8
FORMAL CONTRACT - SAMPLE SECTION 500
certifications, and other written information as may be requested of Contractor by City from time to time
during the term of this Contract;
ko Contractor and any person performing labor and services under this Project are duly licensed by the State
of California as required by California Business & Professions Code Section 7028, as amended; and
Contractor has fully examined and inspected the Project site and has full knowledge of the physical
conditions of the Project site.
12.Assiqnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be
assigned by Contractor. Any attempted assignment shall be null and void.
13.Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time
or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or
registered mail within ten (t0) Days after the claim arose or within such other time as may be permitted or required
by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City.
14,Audits by City. During the term of this Contract and for a period of not less than three (3) years after the expiration
or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and
Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250
and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours,
during the regular business hours of City.
15.Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents,
designations, notices, offers, requests and statements given by either party to the other shall be in writing and
shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States
mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission,
if sent to the telephone FAX number set forth below during regular business hours of the receiving party and
followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in
accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and
service by facsimile transmission.
To City:City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
’ Palo Alto, CA 94303
Copy to:City of Palo Alto
Public Works Department, Engineering Division
250 Hamilton Avenue
Palo Alto, CA 94301
Attn: Joe Teresi, Project Manager
To Contractor:K.J. Woods Construction, Inc.
2718 Pacheco Street
San Francisco, CA 94116
Attn: Kieran Woods
CITY OF PALO ALTO: IFB PAGE 4 OF 8
FORMAL CONTRACT = SAMPLE SECTION 500
16.Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter
of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only
after such expenditures have been approved in advance in writing in accordance with applicable Laws. This
Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (ii) at any time within a fiscal y ear in the event that funds are only appropriated for
a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 s hall control in the
event of a conflict with any other provision of this Contract.
17. Miscellaneous.
ao Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee,
and City is, therefore, not responsible for any damage to the personal property of Contractor.
Consent. Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall be in writing and shall be executed by a person having the express authority to grant such
approval or consent.
Controlling Law. The parties agree that this Contract shall be governed and construed by and in
accordance with the Laws of the State of California.
d°Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications
(1992) of this Contract are incorporated herein by reference.
Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
perform its obligations under this Contract which directly results from an Act of God or an act of a superior
governmental authority.
Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the
construction or interpretation of any part of this Contract.
Incorporation of Documents. All documents constituting the Contract documents described in Section
3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment
hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the entire
agreement between the parties concerning the Project and Work, and there are no other prior oral or
written agreements between the parties that are not incorporated in this Contract.
Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless
such modification is agreed to in writing and signed by the parties.
Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or
other stipulation in the Contract shall define or otherwise control, establish, or limit the performance
required or permitted or to be required of or permitted by either party. All provisions, whether covenants
or conditions, shall be deemed to be both covenants and conditions.
k°Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other
writing, which authorizes any director, officer or other employee or partner to act for or in behalf of
CITY OF PALO ALTO: IFB PAGE 5 OF 8
FORMAL CONTRACT - SAMPLE
Contractor or which authorizes Contractor to enter into this Contract.
SECTION 500
Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void
or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
Status of Contractor. In the exercise of rights and obligationsunder this Contract, Contractor acts as an
independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any
rights and benefits accorded or accruing to the City Council members, officers or employees of City, and
Contractor expressly waives any and all claims to such rights and benefits.
Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to
and bind, the successors and assigns of the parties.
Oo
po
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation
of time hereunder, the time in which an act is to be performed shall be computed by excluding the first
Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or
any Day observed as a legal holiday by City, the time for performance shall be extended to the following
Business Day.
Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such
action shall be vested exclusively in the state courts of California in the County of Santa Clara in the City
of San Jose or in the United States District Court for the Northern District of California in the City of San
Jose.
Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or
arising out of this Contract may recover its reasonable costs, including reasonable attorney’s fees,
incurred or expended in connection with such action against the non-prevailing party.
CITY OF PALO ALTO: IFB PAGE 6 OF 8
FORMAL CONTRACT - SAMPLE SECTION 500
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in
the city of Palo Alto, County of Santa Clara, State of California on the date first stated above.
ATTEST:
City Clerk
APPROVED AS TO FORM:
CITY OF PALO ALTO
By:
Its: Mayor
Senior Assistant City Attorney
APPROVED:
Assistant City Manager
Director of Public Works
Director of Administrative Services
Contract Manager (Insurance Review)
CONTRACTOR:K ,I Wnnd.~ ~..nn~tri=r.finn Inc,
By:
Name:
Title:
By:
Name:
Title:
Taxpayer I.D. No.: 94-3213437
(Compliance with California CorporalJons Code Section
313 is required if the entity on whose behalf this contract
is signed is a corporation. In the alternative, a certified
corporate resolution attesting to the signatory authority of
the individuals signing in their respective capacities is
acceptable)
CITY OF PALO ALTO: IFB PAGE 7 OF 8
FORMAL CONTRACT - SAMPLE
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
SECTION 500
STATE OF
COUNTY OF
On , before me,
in and for said County, personally appeared
, a notary public
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and th~l
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
CITY OF PALO ALTO: IFB PAGE 8 OF 8