HomeMy WebLinkAbout1999-08-02 City Council (15)TO:
FROM:
DATE:
SUBJECT:
of Palo Alto
Manager’s Repor
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT:PUBLIC WORKS
AUGUST 2, 1999 CMR:323:99
AWARD OF CONTRACT IN THE AMOUNT OF $679,132 TO GOLDEN
BAY CONSTRUCTION, INC. FOR FY 1999-2000 PHASE 1 SIDEWALK
REPLACEMENT PROJECT
8
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached contract with Golden Bay
Construction, Inc. in the amount of $679,132 for the FY 1999-2000 Phase 1 Sidewalk
Replacement Project.
Authorize the City Manager or her designee to negotiate and execute one or more change
orders to the contract with Golden Bay Construction, Inc. for related, additional, but
unforeseen work which may develop during the project, the total value of which shall
not exceed $68,000.
DISCUSSION
Project Description
The work to be performed under the contract is for sidewalk repair and replacement and curb
and gutter replacement in the project area bounded by Louis Road, Oregon Avenue, Middlefield
Road, North California Avenue, Newell Drive, Southampton Drive, Northampton Drive, and
Seale Avenue, as shown on the location map (Attachment A). The project also includes the
construction of 49 curb ramps in compliance with the Americans with Disabilities Act (ADA).
Included in the construction are 18 curb ramps to be installed on North California Avenue in
the vicinity of Jordan Middle School between Middlefield Road and Louis Road. To reduce
disruption to foot and other school traffic, work will be prohibited on North California Avenue
before 9:00 AM and after 2.:30 PM on school days. Staff is working closely with school staff
and the Palo Alto Unified School District’s Building for Excellence program to minimize any
potential conflicts.
Bid Process
An invitation for bids for the FY1999-2000 Phase 1 Sidewalk Replacement Project was sent on
June 28, 1999 to eight builders’ exchanges and nine contractors. The bidding period was
twenty-one days, because the scope of work is routine, subcontractors are generally not
required, and the City has bid numerous projects of this type over the past ten years. Bids were
CMR:323:99 Page 1 of 2
received from three (3) qualified contractors on July 20, 1999, as listed on the attached bid
summary (Attachment B). Bids ranged from a high of $721,375 to a lo~v bid of $679,132. Two
contractors not responding indicated that they did not submit a bid because they were currently
too busy on other projects.
Staff has reviewed all bids submitted and recommends that the bid of $679,132 submitted by
Golden Bay Construction, Inc. be accepted and that Golden Bay Construction, Inc. be declared
the lowest responsible bidder. The bid is 11.4 percent below the staff engineer’s estimate of
$756,597. The change order amount of $68,000, which equals 10 percent of the total contract,
is requested for additional related but unforeseen work which may develop during the project.
Staff checked references supplied by the contractor for previous work performed for the City
of Palo Alto and found that the work was reported to be satisfactory,. Staff also checked with
the Contractors State License Board and found that the contractor has an active license on file.
RESOURCE IMPACT
Funds for this project are included in the FY 1999-2000 Capital Improvement Progam project
18903, Sidewalk Replacement Budget.
ENVIRONMENTAL ASSESSMENT
This project is categorically exempt from the California Environmental Quality Act (CEQA)
under Section 15301C of the CEQA guidelines and no further environmental review is
necessary.
ATTACHMENTS
Attachment A:Location Map
Attachment B:Bid Summary
Attachment C:Contract
PREPARED BY:Michael Jackso.n, Dep~y Director, Operations Division
DEPARTMENT HEAD:
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
EW[fLY HARRISON
Assistant City Manager
CMR:323:99 Page 2 of 2
DRAWN BY: JWC
JUNE 9, 1999
CHEC’D BY:
DATE:
SCALE: 1"400’
TENNYSOh AVE~
SEALE AVE
L" ~PTON
ATTACHMENT A
SEALE
DRIVE
3
E GREEN@
DRIVE
CALIFORNIA AVENUE
5
2
GARLAND DR
OREGON AVEUNE
OREGO~ EXPRESSWAY
[~~"" MARION AVE
1999-2000 SIDEWALK REPLACEMENT PROJECT
LOCATION MAP
Cit.y o:£ l=)alo Alt.o
ELSINORE
1.BASE BID CONSISTS OF AREAS 1
THROUGH 5
°2. ADD ALTERNATE 1 CONSISTS OF AREA 6
3. ADD ALTERNATE 2 CONSISTS OF AREA 7
APPROVED BY:
PE NO.
DATE:
DRAW~IG NO.
1~-00 Phase 1 Sidewalk Replacement IFB 115919 07/23/99
ATTACHMENT B
BASE B ID
ITEM OF WORK ~UANTITYI UNIT
Engineer’s Estimate Golden Bay Construction, Inc
Unit Price Bid Amount Unit Price Bid Amount
BID SUMMARY
J.J.R. Construction, Inc.
Unit Pdce Bid Amount
Sposeto Engineering, Inc.
Unit Pdce i Bid Amount
1A 4" WALK& SW
2A 6= DW & SW
3A INTEGRAL SW
4A INTEGRAL DW (6"),C&(;
5A EXP. AGG. PCC up to 6’
6A 4" INTEG. COL. PCC
7A CURB RAMP
8A CURB
9A GUTTER
14146
2814
3470
1034
37
20
40
362
3193
SF
SF
LF
LF
SF
SF
EA
LF
SF
$7.00
$8.00
$53.00
$59.00
$9.50
$10.50
$1,100.00
$25.130
$11.00
$99,022.00
$22,512.00
$183,910.00
$57,904.00
$351.50
$210.00
$9,050.00
$35,123.00
$57.00
$62.50
$12.0O
$12.00
$850.00
$15.00
$7.50
$91 949.00
$21,105.00
$197,790.00
$64,625.00
$240.00
$5,430.00
$23,947.50
$6.55 $92,656.30
$7.75 $21,808.50
$59.00 $204,730.00 I
$62.90 $65,038.80 1
$12.50 $462.50
$12.50 $250.00
$900.00 $36,000,00
$17.00 $6,164.00
$8.00 $25,544.00
$7.40
$8.00
$60.00
$56.00
$14.00
$24.173
$1,400.00
$20.00
$9.60
10A AC PVMT.
11A BRICK, UNIT PVMTS
12A GRIND PCC PAVEMEN"
13A ROOT BARRIER
14A REM. AND REPL. CB
15A RECYCLE INERTS
16A TRAFFIC CONTROL
6124 SF
141 SF
20 EA
646 LF
4 EA
2660 TON
1 L.S.
"OTAL BASE BID
$9.50
$20.00
$90.00
$11.50
$2,000.0O
$13.0O
$1,000.00,
$58 178.00
$2,820.00
$1,800.00
$7,429.00
$8,000.00
$34 580.00
$1
$565,889,50
$5.00
$20.00
$200.00
$13.00
$2
$5.00
$5~000.00
$30,620.00
$2,820.00
$4,000.00
$8,398.00
$10 003.00
$13,300.00
$5,000.00
$5!$,668,50
$5.50
$20.75
$225.00
$15.00
$2,500.00
$10.00
$2,500.00
$33,682.00
$2,925.75
$4,500.00
$9,690.00
$10,000.00
$26,600.00
$2,500.00
$542.541,65
$6.50
$31.00
$82.00
$9.80
$2,400.00
$5.OO
$221000.00
$10.4,680.40
$22,512.00
$208,200.00
$68,244.00
$518.00
$480.00
$56,000.00
$7,240.00
$30,652.80
$39,806.00
$4,371
$1,640.00
$6,201.60
$9,600.00
$13,300.00
$22,000.00
$59S,445,80
ADD ALTERNATE 1 IAF
ITEM OF WORK
1B 4" WALK&SW
2B 6" DW & SW
3B NTEGRAL SW (4"),C&¢
4B INTEGRAL DW (6=),C&(
5B EXP. AGG. PCC up to 6’
6B CURB RAMP
7B CURB
8B GUTTER
9B TYPE B CCG
10B IAC PVMT.
11B IBRICK, UNIT PVMTS
12B GRIND PCC PAVEMEN’
13B ROOT BARR ER
14B tRECYCLE INERTS
15B ITRAFFIC CONTROL
:A 6)
QUANTITYiUNIT5
26O0
1248 SFLF
52O I LF
156 SF
15 EA
5t SF
125 SF
208 EA
156 LF
1092 SF
311 SF
81 EA
104 LF
530 TON
11 L.S.
TOTAL ADD ALTERNATE
Unit Price Bid Amount
$7.00 $18,200.00
$8.00 $9,984.00
$53.00 $27,560.00
$59.00 $8,736.00
$10.00 $150.00
$1 100.00 $5,500.00
$25.00 $3,125.00
$11.00 $2,288.00
$40.00 $6,240.00
$9.50 $10,374.00
$22.00 $682.00
$1000.00 $800.00
$12.00 $1,248.00
$14.00 ! $7,420.00
$1,500.00 i $1,500.00
$103,807,00
Unit Price
$6.50
$7.50
$57.00
$62.50
$12.00
$550.00
$15.0O
$7.50
$25.00
$5.O0
$20.00
$200.00
$13.00
$5.00
$1,000.00
Bid Amount
$16,900.00 i
$9,360.00i
$29,640.001
$9,750.001
$180.00
$4,250.0O
$1,875.00
$1,560.00
$3,900.00
$5,460.00
$620.00
$1,600.00
$1,352.00
$2,650.00
$1,000.00
$90,09T,00
Unit Price t Bid Amount
$6.55 !$17,030.00
$7.75 $9,672.00
$59.00 $30,680.00
$62.90 $9,812.40
$12.50 $187.50
$9O0.00 $4,500.00
$17.00 $2,125.00
$8.00 1 $1,664.00
$25.75 !$4,017.00
$5.50i $8,006.00
$20.751 $643.25
$225.00 t $1,800.00
$15.00 $1,560.00
$10.00 $5,300.00
$2,500.00 !$2,5000.00
Unit Pdce
$7.40
$6.00
$60.00
$66.00
$26.00
$1,400.00
$20.00
$9.60
$32.00
$6.5O
$36.00
$80.00
$9.60 I
$5.00
$7~000.00
Bid Amount
$19,240.00
$9,984.00
$31,200.0O
$10,296.00
$390.00
$7,000.00
$2,500.00
$1,996.80
$4,992.00
$7,098.00
$1,116.00
$640.00
$998.40
$2,650.00
$7,000.00
$1071101.20
ADD ALTERNATE 2 (AR
ITEM OF WORK
1C 4" WALK & SW
2C IS" DW & SW
3C INTEGRAL SW (4"),C&G
4C INTEGRAL DW (6").C&G
5C EXP. AGG. PCC up to 6"
6C 3URB RAMP
7C 3URB
8C ,GUTTER
9t3 TYPE B CCG
10C AC PVMT.
11C BRICK, UNIT PVMTS
12C GR ND PCC PAVEMEN’I
13C IROOT BARRIER
14C IREMOVE AND REPL CI
15C IRECYCLE INERTS
16C !TRAFFIC CONTROL
QUANTITYiUNITE
2392i SF
10401 LF
364 LF
114 SF
621 EA
1J sgSF
260 ! EA
83 ! LF
1040!SF
31 !SF
81 EA
94 LF
1 EA
455 [ TON
11 L.S.
TOTAL ADD ALTERNATE 2
TOTAL BASE BID AND ADD ALTERNATES 1 & 2
Unit Price i Bid Amount
$7.00 $16,744.001
$8.00 $8,320.00
$53.00 $19,292.00
$56.00 $6,384.00
$10.00 $620.00
$1,100.00 $4,400.00
$25.00 $2,600.00
$11.00 $2,860.00
$40.00 $3,320.00
$9.50 $9,880.00
$22.00 $682.00$1oo.oo I $8oo.oo
$12.001 $1,128.00
$2,000.001 $2,000.00
$14.001 $6,370.00
$1 500.00t $1,500.00
$756.596.50
Unit Price ! Bid Amount
$6.50 $15,548.00
$7.50 $7,800.00
$57.00 $20,748.00
$62.50 $7,125.00
$12.00 $744.00
$850.00 $3,400.00
$15.00 $1,560.00
$7.50 $1,950.00
$25.00 $2,075.00$5.0ot $5,200.00
$20.00 $620.00
$200.00 $1,600.00
$13.00 $1,222.00
$2,500.00 $2,500.00
$5.00 $2,275.00
$1,000.00 $1,000.00
$679.132.50
Unit Price i Bid Amount
$6.75 t $16,146.00
$7.75 t $8,050.00
$59.00]$21,476.00
$62.90t $7,170.60
$12.50!$775.00
$900o.00 1 $3,600.oo
$17.00!$1,768.00
$8.001 $2,060.00
$25.75 !$2,137.25
$5.50 {$5,720.00
$20.751 $643.25
$225.001 $1,800.00
$15.001 $1,410.00
$2,500.001 s2,500.00
$10.001 $4,550.00
$1,5oo.oot $1,5oo.oo
$721.374.90
Unit Price
$7.40
$8.00
$60.00
$56.00
$16.00
$1,400.00$20.00
$9.60
$32.00
$58.00!
$9.50!$2,4oo.00i$5.00 I
$7,500.00 i
Bid Amount
$17,700.80
$8,320.O0
$21,840.00
$7,524.00
$992.00
$5,600.00
$2,080.00
$2,496.00
$2,659.00
$6,760.00
$1,178.00
$640.0O
$893.00
$2,400.00
$2,275.0O
$7,500.0O
$793.401.80
NOTE: Item 3B: Corrected
extension reduces total by
$6,000, but has no effect on
bidder’s ranking.
CITY OF PALO ALTO o IFB115919
ATTACHMENT C
FORMAL CONTRACT (SAMPLE)SECTION 500
CONTRACT No.
(Public Work)
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 Golden Bay Construction, Inc., a California 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, at the end of the last fiscal year covered by the agreement hereunder, subject to the earlier termination
of this Contract.
General SCope of Project and Work. Contractor shall furnish labor, services, materials and equipment in
conne~on 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 follows:
Title of Project: 1999-2000 Phase I Sidewalk Replacement Project (IFB) Number: 115919
Total Bid: $679,132.50
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
Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days
of the date of receipt of Contractor’s invoices.
Insurance On or before the Date of Execution, Contrell~t. or 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
CITY OF PALO ALTO: IFB 115919 PAGE 1 OF 7
FORMAL CONTRACT (SAMPLE)SECTION 500
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 furnish City with the ce~ficates of insurance and with o.dginal 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 any~ing 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 with 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-
252502.5, as amended); the Safe Ddnking Water and Toxic Enforcement Act (Health & Safety Code, §§25249.5-
25249.13, 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 a~y 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 paNties in the administration of any part 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 t~nis Contract.
10.
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.
CITY OF PALO ALTO: IFB 115919 PAGE 2 OF 7
FORMAL CONTRACT (SAMPLE)
11.
SECTION 500
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:
Any materials and equipment which shall be used during the c{~urse and scope of the Project and Work
shall be vested in Contractor;
bo 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;
Co 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 filed, on the
date that final payment is made hereunder;
d°Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by
Contractor for and in behalf of City.
e°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 information is submitted or made available to the City;
f°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;
go 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;
h°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 between Contractor and City which would materially affect
Contractor’s ability to perform under the Contract;
j°Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions,
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.Assignment. 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 Con~actor. 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 wri~ng by certified or registered
mail within ten (10) 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.
CITY OF PALO ALTO: IFB 115919 PAGE 3 OF 7
F,0RMAL CONTRACT (SAMPLE! SECTION 500
14. Audits by C~. 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,
designa~ns, 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, Operations Division
250 Hamilton Ave
P.O. Box 10250
Palo Alto, CA 94303
To Contractor:
Attn:
Phone:
Fax::
Phung Hoang, Project Manager
(650)496-6913
(650)852-9289
Golden Bay Construction, Inc.
582 Bragata Road
San Carlos, CA 94070
16.
17.
Attn: Johnny Zanette
Phone: (650)593-0310
Fax: (650)593-0123
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 (i~ at any time within a fiscal year in the event that funds are only appropriated for a portion
of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the event of
a conflict with any other provision of this Contract.
Miscellaneous
ao Bailee Disclaimer. The parlJes 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.
~ITY OF PALO ALTO: IFB 115919 PAGE 4 OF 7
FORMAL CONTRACT (SAMPLE)
b.
SECTION 500
Consent. Whenever in this Contract the approval or consent of a party is required, such approval or
consent shall be in w~ng and shall be executed by a person having the express authority to grant such
approval or consent.
C=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.
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.
eo 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.
ho
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 AgreemenL 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 orto be required of or permitted by either party. All provisions, whether covenants or conditions,
shall be deemed to be both covenants and conditions.
ResolulJon. 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
Contractor or which authorizes Contractor to enter into this Contract.
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 obligations under 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 dghts and benefits.
Successors and ~ns. The provisions of this Gontract shall inure to the benefit of, and shall apply to and
bind, the successors and assigns of the parties.
T~ne of the Essence. ]3me 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.
~ITY OF PALO ALTO: IFB 115919 PAGE S OF 7
FORMAL CONTRACT (SAMPLE)SECTION 500
po Venue. In the event that suit is brought by either party hereunder, the parlJes 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 Distri.ct 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 adsing
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.
IN WITNESS WHEREOF, the parlJes have by their duly appointe .d. 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 OF PALO ALTO
By:
City Clerk Its: Mayor
APPROVED AS TO FORM:
Senior Assistant City Attorney
APPROVED:
Assistant City Manager
Director of Public Works
CONTRACTOR:
By:
Name:
Title:
Director of Administrative Services
Contract Manager (Insurance Review)
By:
Name:
Tile:
(Compliance with California Corporations 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 115919 PAGE 6 OF 7
FORMAL CONTRACT (SAMPLE)
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
SECTION 500
STATE OF
COUNTY OF
On , before me,
and for said County, personally appeared
, a notary public in
, 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/shelthey executed the same in his/her/their authorized capacity(ies),
and that by hislherltheir 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 115919 PAGE 7 OF 7