HomeMy WebLinkAboutStaff Report 334-08City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL 8
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:AUGUST 4, 2008 CMR:334:08
SUBJECT:ADOPTION OF A BUDGET AMENDMENT ORDINANCE AMENDING
THE BUDGET FOR FISCAL YEAR 2008-09 TO PROVIDE AN
ADDITIONAL APPROPRIATION OF $3~436,713 TO CAPITAL
IMPROVEMENT PROGRAM PROJECT PF-01002; CIVIC CENTER
INFRASTRUCTURE IMPROVEMENTS;AND APPROVAL OF
CONTRACTS WITH 1)NEXGEN BUILDERS, INC. IN THE AMOUNT
OF $498,875 FOR GENERAL INTERIOR/EXTERIOR WORK ITEMS
AND FINISHES; 2) ACCO ENGINEERED SYSTEMS, INC. IN THE
AMOUNT OF $2,627,228 FOR MECHANICAL AND CONTROLS;
3) ACCO ENGINEERED SYSTEMS, INCo IN THE AMOUNT OF
$1,432,530 FOR PLUMBING, FIRE SPRINKLERS AND FUEL OIL
SYSTEM; AND 4) ROSENDIN ELECTRIC IN THE AMOUNT OF
$488,590 FOR ELECTRICAL AND FIRE ALARM
RECOMMENDATION
Staff recommends that Council:
Adopt the attached Budget Amendment Ordinance (BAO) in the amount of $3,436,713
(Attachment A) to provide an additional appropriation for the Civic Center Infmsmacture
Upgrades, Capital Improvement Program (CIP) Project PF-01002.
Approve and authorize the City Manager or his designee to execute the attached contract
with Nexgen Builders, Inc. in the amount of $498,875 (Attachment B) for Civic Center
Infrastructure Upgrades: General Interior/Exterior Work Items and Finishes - Capital
Improvement Program Project PF-01002.
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Nexgen Builders, Inc. for related, additional but unforeseen
work which may develop during the project, the total value of which shall not exceed
$49,925.
Approve and authorize the City Manager or his designee m execute the attached contract
with Acco Engineered Systems, Inc. for base bid services in the amount of $2,44t),453
plus allowance #1 in the amount of $86,775 and allowance #2 in the amount of $100,000
for a total amount of $2,627,228 (Attachment C) for Civic Center Infrastructure
Upgrades: Mechanical and Controls - Capital Improvement Program Project PF-01002.
CMR:334:08 Page 1 of 7
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Acco Engineered Systems, Inc. for related, additional but
unforeseen work which may develop during the project, the total value of wlrfich shalI not
exceed $244,047.
Approve and authorize the City Manager or his designee to execute the attached contract
with Acco Engineered Systems, Inc. in the amount of $1,432,530 (Attachment D) for
Civic Center Infrastructure Upgrades: Plumbing, Fire Sprinlders and FueI Oil System -
Capital Improvement Program Project PF-01002.
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Acco Engineered Systems, Inc. for related, additional but
unforeseen work which may develop during the project, the total value of which shall not
exceed $143,270.
o Approve and authorize the City Manager or his designee to execute the attached contract
with Rosendin Electric in the amount of $488,590 (Attachment E) for Civic Center
Infrastructure Upgrades: Electrical and Fire Alarm - Capital Improvement Program
Project PF-01002.
Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with Rosendin Eleclric for related, additional but unforeseen work
which may develop during the project, the total value of which shall not exceed $48,910.
BACKGROUND
The Civic Center was built in 1969. It houses the majority of the City administrative offices in
86,500 square feet, the police station in i9,000 square feet, and three levels of parking in
250,000 square feet. The building complex has a replacement value approaching $100 million
dollars in today’s market. Industry standards recommend spending a minimum of 2% of the
building value on maintenance and repairs annually, equating to $2 million per year, to preserve
and maintain the building. These expenditures are not for upgrades, improvements or
betterments; rather they serve to preserve and maintain the building in continuing good
functiona! condition.
Major electrical and mechanical systems such as the boiler, generator, and fan system
components, which are original to the building, are proposed to be replaced or refiarbished under
these contracts. These systems have exceeded their useful lives and are in need of replacement
to provide another 30 years of beneficial use of the building. Service interruptions have occurred
and may become more frequent if equipment is not replaced or refurbished as currently
scheduled. Mechanical and electrical systems serving the police wing are excluded from the
project at this time.
As part of the on-going capital infrastructure maintenance program, a complete building system
study of the Civic Center was completed in fiscal year 2002-03. Construction covered under
these contracts is based on recommendations made in the Civic Center Building Infrastructure
Study dated September 5, 2003 (Attachment F). The study may be viewed at the Public Works
Department counter located on the 6tu Floor at 250 Hamilton Avenue, Palo Alto, or by contacting
CMR:334:08 Page 2 of 7
the Manager of Facilities Maintenance and Projects at 650-496-6973. An elevator upgrade, the
first major inf~asm~cture work, was completed in 2005. Design services for the remainder oft.he
work identified in FY 2002/~)3, which includes electrical system upgrades, generator
replacement, mechanical system up~ades, and exterior sealing and painting were awarded in
2005 (CMR:282:05). A contract for Construction Management Services was awarded on
March i0, 2008 to assist City staff with project management during this phase (CMR: 160:08).
Due to the overall cost of the project, construction of the major work has been broken into three
phases and will be bid in three stages. Work awarded in this first phase with these four contracts
will include replacement of the main building generator, boiler, and refurbishment or
replacement of major garage and building mechanical and electrical systems. This phase also
addresses various code-required fire and life safety upgrades. Phases two and three will improve
the remainder of the mechanical and electrical systems, including transformers, panels, etc.; and
will include exterior painting and sealing. These phases are expected to be completed over the
next four to five years.
Funding for this and the remaining phases was spread over a period of six years to relieve the
burden on the Infrastructure Reserve. Funds previously set aside were deferred until the project
was bid, allowing for the funds to be used for other projects, and just in time funding for this
phase. Timing of specific items may shift due to condition assessment and availability of
funding.
DISCUSSION
The work to be completed under this phase will be completed by four multiple prime contractors
responsible for: General Interior/Exterior Work Items and Finishes; Mechanical and Controls;
Plumbing, Fire Sprinklers and Fuel Oii System; and Electrical and Fire Alarm. Use of this
multiple prime delivery method, coupled with a construction management firm, provides reduced
overhead cost for the specialty contractors, increases competition for each contract, and
augments project management services of the limited staffing available in-house.
The scope of work under General Interior/Exterior Work Items and Finishes includes jobsite
trailers, fencing, barricades, and dust abatement measures for the fut! scope of the project;
complete renovation of the Level "A" Restroo, ms for accessibility; exterior/interior removal and
replacement of floors, walls, and ceilings as required for installations by other trades; digital
concrete scanning for work by all trades; structural infill of floors, walls, and ceilings;
construction of fire rated shafts; and exterior and interior finishes required such as plaster, paint,
tile, etc.
The scope of work under Mechanical and Controls includes the demolition and re-work of all
heating, ventilation, .air conditioNng and control work for the building supply and return air fan
systems including fan enclosures, coils, and valves; refurbishment of garage fan systems and CO
sensing and control system; testing, repair and replacement of fire and smoke dampers; repair or
replacement of roof exhaust fans; replacement of the HVAC unit serving the second floor
computer room; and all sheetmetal and ductwork as required for the project. This package
includes two allowances which ~ be awarded with the base bid services. Allowance #1 is for
the repair and replacement of fire dampers in the main air supply ductwork throughout the
CMR:334:08 Page 3 of 7
buiIding. Allowance #2 is for the replacement of actuator motors in the building’s supply and
return fan systems.
The scope of work under the Plumbing, Fire Sprinkler and Fuel Oil System package includes all
work related to the emergency generator diesel fuel supply lines; boiler replacement with three
modulating boilers; fire sprinkler system modifications; modifications to the chilled and hot
water piping systems; supply and installation of all plumbing fixtures; and all piping, pumps,
valves, etc. required for work under all contracts.
The scope of work for the Electrical and Fire Alarm package includes a!! low and high voltage
electrical work; fire alarm system modifications; replacement of the building emergency
generator; provision of temporary generator during construction; all motors, starters, drives,
transformers, lighting fixtures, etc. as required by the project; and electrical system wiring and
connections to equipment under all contracts.
Work of all four contractors will be concurrent, with disruptive work scheduled for everdngs and
weekends. The construction is scheduled to begin September 2008 with completion in summer
2009.
Bid Process
A notice inviting formal bids for the Civic Center Infrastructure Upgrades project was posted at
City Hall and sent to 40 contractors and 5 builder’s exchanges on June 9, 2008. The bidding
period was 36 days. Bids were received from 25 qualified contractors on July 15, 2008, as listed
on the attached bid summary (Attachment F).
General Interior/Exterior Work Items and Finishes bids ranged fi’om a high of $885,000 to a low
bid of $498,875.
Mechanica! and Controls bids ranged from a high of $2,511,840 to a low bid of $2,440,453.
Plumbing, Fire Sprirdders and Fuel Oil System bids ranged from a high of $1,789,239 to a low
bid of $1,432,530.
Electrical and Fire Alarm bids ranged from a l~igh of $911,380 to a low bid of $488,590.
Contractors not responding indicated they did not bid due to their workload, the size of the
project, the complexity of working in an occupied building, and unfamiliarity with some of the
building’s systems.
Summary of Bid Process
Bid Name/Number Civic Center Infrastructure Upgrades - IFB
Proposed Length of Project 270 calendar days
Number of Bid Packages Mailed to 40
Contractors
Number of Bid Packages Mailed to 5
Builder’s Exchanges
Total Days to Respond to Bid 36
CMR:334:08 Page 4 of 7
Pre-Bid Meeting
Number of Company Attendees at
Pre-Bid Meeting
Number of Bids Received: 6
General Interior/Exterior Work
Items and Finishes
Bid Price Range
Number of Bids Received:
Mechanical and Controls
Bid Price Range
Number of Bids Received:
Plumbing, Fire Sprinklers and Fuel
Oil System
Bid Price Range
Number of Bids Received:
Electrical And Fire Alarm
Bid Price Range
*Bid summary provided in Attachment G.
Attachment Ho
June 19,2008
38
$498,875- $885,000
2
$2,440,453 - $2,511,840
2
$1,432,530 - $1,789,239
3
$488,590 - $911,380
The Certification of Nondiscrimination forms are
Staff reviewed all bids submitted for General Interior/Exterior Work Items and Finishes and
recommends that the bid of $498,875 submitted by Nexgen Builders, Inc. be accepted and that
Nexgen Builders, Inc. be declared the lowest responsible bidder. The change order amount of
$49,925 which equats ten percent of the total contract is requested for unforeseen conditions
whicla may be discovered during construction.
Staff reviewed all bids submitted for Mechanical and Controls and recommends that the bid of
$2,440,453 plus allowances submitted by Acco Engineered Systems, Inco be accepted and that
Acco Engineered Systems, Inc. be declared the lowest responsible bidder. The change order
amount of $244,047 which equals ten percent of the total contract is requested for unforeseen
conditions which may be discovered during construction.
Staff reviewed all bids submitted for Plumbing, Fire Sprinklers and Fuel Oil System and
recommends that the bid of $1,432,530 submitted by Aeco Engineered Systems, Inc. be accepted
and that Acco Engineered Systems, Inc. be declared the lowest responsible bidder. The change
order amount of $143,270 which equals ten percent of the total contract is requested for
unforeseen conditions which may be discovered during construction.
Staff reviewed all bids submitted for Electrical and Fire Alarm and recommends that the bid of
$488,590 submitted by Rosendin Electric be accepted and that Rosendin Electric be declared the
lowest responsible bidder. The change order amount of $48,9!0 which equals ten percem of the
total contract is requested for unforeseen conditions which may be discovered during
construction.
The engineer’s estimate of $5,911,700 was prepared based on the project award as a whole.
Breakdown was not provided in a way to compare the four individual packages. The total of
$5,047,223, including allowances, for the four contracts is fifteen percent below the engineer’s
CMR:334:08 Page 5 of 7
estimate of $5,911,700. This cost reduction is in large part due to splitting this phase of the
project into four distinct construction contracts.
Staff confirmed with the Contractor’s State License Board that contractors have active licenses
on file. Staff checked references supplied by the contractors for previous work performed and
found no significant complaints.Certifications of Nondiscrimination are provided in
Attachment G.
RESOURCE IMPACT
The Civic Center Infrastructure Upgrades Project has had a cumulative appropriation of
$7,494,000 since fiscal year 2000-01. A significant amount of this appropriation paid for the
complete building study in 2002-03, elevator upgrade, design services in 2005, and construction
management awarded in March 2008. The remaining balance of the appropriation of $2,546,662
is not sufficient to pay the costs for this phase of the project. An additional appropriation of
$3,436,713 is needed to fund this phase, which includes mechanical, electrical, accessibility, and
fireflife safety work and other related costs. The proposed funding request for this project will
bring the total appropriation to $10,930,713. Details of the costs are as follows:
Description
Nexgen Builders, Inc. - for general interior/exterior
work items and finishes*
ACCO Engineered Systems, Inc.- for mechanical and
controls*
ACCO Engineered Systems, Inc. - for plumbing, fire
sprinklers and fuel oil system*
Rosendin Electric - for electrical and fire alarm*
Green building consultant
Testing services
Hazardous materials removal
Other miscellaneous expenses
Total Estimated Costs
Existing appropriation balance
Additional appropriation needed
*contract amount includes 10% contingency
Amount
$ 548,800
$2,871,275
$1,575,800
$ 537,500
$ 200,000
$ 75,000
$ 125,000
$ 50,000
$5,983,375
$2,546,662
$3,436,713
The Capital Project Fund Infrastructure Reserve (IR) will provide the necessary funding. A
Budget Amendment Ordinance (Attachment A) in the amount of $3,436,713 is needed to
increase the appropriation to CIP Project PF-01002 (Civic Center In~astrucmre Upgrades). The
Capital Project Fund IR has a projected balance of $8,!57,287 after funding this Project.
It must be noted that Phase 2 and Phase 3 of the Project discussed in the "Background" section of
this report will require additional funding resources in the future as proposed in the 2008-13 CIP.
The timing for the completion of these phases is dependent on the availability of funding from
the IR.
CMR:334:08 Page 6 of 7
Given the cost of the project and the low balance of the Infraslracture Reserve, an alternate
funding source was considered to_ supplement the project cost. Staff worked with the California
Energy Commission (CEC) to determine if their loan program would be of benefit to the City.
After review of the project by the CEC, it was determined that the work allowed under their
program would be a small portion of the project. Acceptance of the loan would have triggered a
requirement for prevailing wage, thereby significantly diminishing any gain from the loan
program. Therefore, the CEC loan was not pursued.
POLICY IMPLICATIONS
This recommendation does not represem any change," to existing City policies.
ENVIRONMENTAL REVIEW
This project is categorically exempt from California Environmental Quality Act (CEQA) under
Sections 153131 and 15302 of the CEQA guidelines as an alteration to an existing facility, and no
further environmental review is necessary.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Attachment G:
Attachment H:
Budget Amendment Ordinance
Contract for General Interior/Exterior Work Items and Finishes
Contract for Mechanical and Controls
Contract for Plumbing, Fire Sprinklers and Fuel Oil System
Contract for Electrical and Fire Alarm
Building Infrastructure Study, dated September 5, 2903
Bid Summary
Ce~ifications of Nondiscrimination (4)
Copies of the attachments to this CMR:334:08 may be viewed on-fine at
http://www.cityofpaloalto.org/kno~one/agendas/councikasp; at the Public Worlcs Department
counter located at 250 Hamilton Avenue, 6t~ Floor, Palo Alto or by contacting Karen Smith at
650-496-6973.
PREPARED BY:
DEPARTMENT HEAl3:
CITY MANAGER #~?PROVAL:
KAREN SM~Ti-I
Manager, Facilities Maintenance rand Projects, /
GLENN ROBERTS
Dire~or of Public ~V’orki " ., - ............ ~
~LLY M~2U .~m6 S~ EMSME
D~uty C~_~ M~eZs
CMR:334:08 Page 7 of 7
Attachment A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ’AMENDING
THE BUDGET FOR THE FISCAL YEAR 2008-09 TO PROVIDE AN
ADDITIONAL APPROPRIATION OF $3,436,713 TO CAPITAL IMPROVEMENT
PROGRAM (CIP)PROJECT PF-01002, CIVIC CENTER INFRASTRUCTURE
IMPROVEMENTS
The Council of the City of Palo Alto does ordain as follows:
SECTION i. The Council of the City of Palo Alto finds and
determines as follows:
A. Pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on
June 9, 2008 did adopt a budget forfiscal year 2008-09; and
B. Since fiscal year 2000-01 through fiscal year 2007-08,
the City Council appropriated a total of $7,494,000 for CIP
Project PF-01002, Civic Center Infrastructure Improvements
(Project) to cover the costs of improvements which include
elevator upgrades, Americans with Disabilities Act (ADA)
improvements, electrical system upgrades, generator
replacement, mechanical system upgrades and building exterior
sealing and painting; and
C. The elevator upgrade was completed in 2005. Design
services were awarded in 2005 (CMR: 282:05) for the remainder
of the work which includes electrical system upgrades,
generator replacement, mechanical system upgrades, and
exterior sealing and painting. Due to the cost of the project,
construction of the remaining work has been broken into three
phases and will be bid in three stages; and
D. Work in Phase 1 will include replacement of the main
building generator, boiler, and refurbishment or replacement
of major garage and building mechanical and electrical
systems. Future phases will upgrade the balance of the
mechanical systems. A contract for Construction Management
Services was awarded in March 2008 to assist City staff with
management of construction of Phase i; and
E. The work to be completed under Phase 1 will be
completed by four multiple prime contractors responsible for
General Interior/Exterior Work Items and Finishes; Mechanical
and Controls; Plumbing, Fire Sprinklers and Fuel Oil System;
and Electrical and Fire Alarm. Use of this delivery method,
coupled with a construction management firm, provides reduced
overhead cost for the specialty contractors, increased
competition for each contract, and augments project management
services of the limited staffing available in-house; and
F. Phase 1 of this project was put out to bid; the low
bid is higher than the amount available, .and an additional
appropriation is required to provide the funds; and
G. Additional services such as green building consultant,
testing services, hazardous materials removal and other
miscellaneous activities are additional services identified to
complete Phase 1 of this Project. The existing appropriation
balance of this Project is $2,546,662 and is not sufficient to
cover the Project Phase 1 costs of $5,983,375. Details are
broken down as follows; and
Description
Nexgen Bui iders, Inc. -for
general interior/exterior work
items and finishes*
ACCO Engineered Systems, Inc. -
for mechanical and controls*
ACC0 Engineered Systems, Inc -
for plumbing, fire sprinklers
and fuel oil system*
Rosendin Electric -for
electrical and fire alarm*
Green building consultant
Testing services
Hazardous materials removal
Other miscellaneous expenses
(printing, mailing, etc.)
Total
Existing appropriation balance
Amount needed
*contract amount includes 10% contingency
Amount
$ 548,800
$2,871,275
$1,575,800
$537,500
$ 200,000
$ 75,000
$ 125,000
$ 50,000
$5,983,375
$2,546,662
$3,436,713
H. City Council authorlzatlon is needed to amend the
2008-09 budget to make available the funds needed for CIP
Project PF-01002, Civic Center Infrastructure Improvements;
and
I. The total additional appropriation of $3,436,713 will
be funded by the infrastructure reserve; and
J. City Council authorization is needed to amend the
2008-09 budget to make available the funds required for
construction of CIP Project PF-01002, Civic Center
Infrastructure Improvements.
SECTION 2. The Capital Project Fund Infrastructure
Reserve is hereby decreased by Three Million Four Hundred
Thirty Six Thousand Seven Hundred Thirteen Dollars
($3,436,713) with a remaining balance of Eight Million One
Hundred Fifty Seven Thousand Two Hundred Eighty Seven Dollars
($8,157,287) as shown in Exhibit A.
SECTION 3. The sum of Three Million Four Hundred Thirty
Six Thousand Seven Hundred Thirteen Dollars ($3,436,713) is
hereby appropriated to CIP Project PF-01002, Civic Center
Infrastructure Improvements.
SECTION 4. As specified in Section 2.28.080(a) of the
Palo Alto Municipal Code, a two-thirds vote of the City
Council is required to adopt this ordinance.
SECTION 5. As provided in Section 2.04.330 of the Palo
Alto Municipal Code, this ordinance shall become effective
upon adoption.
SECTION 6. The Council of the City of Palo Alto hereby
finds that this project is exempt from the provisions of the
California Environmental. Quality Act (CEQA) pursuant to
Sections 15301 and 15302 of the CEQA Guidelines, and
therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Director of Public Works
Director of Administrative
Services
EXHIBIT A
Budget Amendment Ordinances Impacting Infrastructure Reserve Approved-To-Date in 2008-09
Impact on the _Capital Fund Estimated Future Year
Infrastructure Ongoing Costs
Reserve-i
Balance - July 1,2008 (Projected Balance)
08-09 Net change to reserve -adopted budget
2008-09 Projected Ending Balance Before BAOs
~ess: Additional Appropriation (Budget Amendment
Ordinance)
PF-01002 - Civic Center (Phase 1)
~otal BAOS~~ ;:i~4:~
Reserve Balance After BAO’s
$3,436,713
$16,493,000
($4,899,000)
$11,594,000
($3,436,713)
CityWorks
EXHIBIT B
CENTER NFRASTRUCTURE
MPROVEMENTS (PFo01002)
Description: This project will upgrade building systems within the Civic
Center. The scope of the improvements includes electrical system
upgrades, generator replacement, mechanical systems upgrades, limited
accessibility upgrades, code required upgrades, and exterior sealing and
painting. Mechanical and electrical systems serving the police wing have
been excluded from this project and will be accomplished with renovations
prior to a new department occupying the space. See Supplemental
Information
Justification: The Civic Center is 38 years old and houses City offices
and three levels of parking. Major electrical and mechanical systems are
approaching the end of their useful lives and are in need of replacement in
order to maintain uninterrupted service. Preventative maintenance of
building exteriors, including window leak inspections, recaulking, and
sealing, will prevent damage and more costly repairs later.
Supplemental Information: A complete building system study was
completed in fiscal year 2002-03. The elevator upgrade was completed in
2005. Construction of the next phase will be accomplished in fiscal years
2007-08 and 2008-09.
Due to the increased cost of construction (project was originally funded for
$2.6 Million), the remainder of the project will be phased over a five year
period with construction scheduled in fiscal year 2007-08 through fiscal
year 2012-13. The project will be bid in three stages.
C~P FACTS:
, Continuing
¯ Project Status: Design
o Timeline: FY 2008-2012
° Overall Project Completion: 30%
¯ Percent Spent: 66%
° Managing Department: Public Works
° Comprehensive Plan: Policy C-24, Program
C-19
° Board/Commission Review: ARB
IMPACT ANALYSIS:
o Environmental: This project is categorically
exempt from CEQA under Section 15301.
° Design Elements: This project may be subject
to ARB review.
° Operating: This project will reduce mainte-
nance costs in future years.
° Telecommunications: None
PY Budget $7,494,000
PY Actuals as of 06/30/2008 $4,947,338
Pre-Design Costs
Design Costs
Construction Costs
Other
Revenues:
Source of Funds:
$3,436,713 $4,176,000 $1,546,000 $1,460,000 $10,618,713
$.3;436i7t3’ :$4!176i000~ $1;:5461000 ~$1;460
$10;6~8i7i3
Infrastructure Reserve
] Cir.’ of Palo Alto 2008-09 Budget
ATTACHMENT B
CONTRACT No. C09127144A
(Public work)
Public Works Department
This Cont,’act, number C09127144A dated is entered into by and between the City of Palo Alto, a California
Charter City and a municipal corporation of the State of California ("City"), and Nex.qen Builders, Inc. ("Contractor").
For and in consideration of the covenants, terms, and conditions (*the provisions*) of this Contract, City and Contractor
("the parties") agree:
Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and
shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to
be filed, on the date that final payment is made. hereunder, subject to the earlier termination of this Contract.
General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in
connection with the construction of the Project and complete the Work in accordance with the covenants, terms
and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
Title of Project: Civic Center Infrastructure Upgrades - General Interior/Exterior Work Items and Finishes
Invitation for Bids (IFB) No. 127144A
Bid:$ 498,875.00
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
General Conditions.
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (2007).
Certificate of Insurance, Performance Surety Bond, Labor & Materials (Payment) Surety Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (2007).
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 City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (1992), or, if
no time is stated,, within thirty (30) Days of the date of receipt of Contractor’s invoices.
CITY OF PALO ALTO C09127144A
rev. 12/00
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 orthe personal
property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish 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.
PAGE t OF 7
behalf. Proof of insurance shall be mailed to the Proi~ct Manager to the address set forth in SectiOn ~6 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 harmles~ 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-Prestey-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, ~25249.5-25249.13, 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 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
or provision of this Contract be construed to waive orto lessen the right of City to insist upon the performance of
Contractor in strict compliance with the covenants, terms and conditions of this Contract.
No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The right of
inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a satisfactory
manner in compliance with Contract requirements. The presence of a City inspector does not shift that obligation
to the City or relieve Contractor from its obligations to complete the Work in a satisfactory manner in compliance
with the Contract requirements.
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 bid security 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.
11.Bid Security 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 Bid Security as required under
the Invitation For Bid.
CITY OF PALO ALTO C09127144A PAGE 2 OF 7
rev. 12/00
12.Representations and Warrantids. 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 course and scope of the Project and Work
shall be vested in Contractor;
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 filed, 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.
eo 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;
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 between 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,
certifications, and other written information as may be requested of Contractor by City from time to time
during the term of this Contract;
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.
13.Assi.qnment. 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.
14.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 (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.
15.Audits by City. During the term of this Contract and for a period of not less than three (3) years after the
CITY OF PALO ALTO 009127’144A PAGE 3 OF 7rev. 12/00
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.
16.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
Dept - Public Works
Division - Facilities
Address - 3201 E. Bayshore Road
Palo Alto, CA 94303
Karen Smith, Project Manager
To Contractor:Nex.qen Builders Inc.
225 Demeter Street
East Palo Alto, CA 94303
Attn: Noel Chamberlan
17.
18.
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 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 17
shall control in the event of a conflict with any other provision of this Contract.
Miscellaneous.
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s
baitee, 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.
Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto Dept. of Public
Works Standard Drawings and Specifications (1992) of this Contract are incorporated herein by
reference.
e.Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
CITY OF PALO ALTO C09127144A PAGE 4 OF 7
rev. 12/oo
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.
go 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.
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
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 effecL
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 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.
Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the
calculation of ;~ime 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.
Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising out
of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose,
California. The intent of the parties is that the mediation shall proceed in advance of litigation; however,
if any party should commence litigation before the conclusion of mediation, such litigation, including
discovery, shall be stayed pending completion of mediation, and by executing this Contract the parties
stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule 1.15 or Rule 2-
3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of California, as such
rules may be amended from time to time. The parties shall share the cost of the mediation, including
the mediator’s fee, equally. Anywritten agreement reached in mediation shall be enforceable pursuant
to California Code of Civil Procedure § 664.6, as amended.
Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose, California.
In the event that litigation is commenced by any party hereunder, the parties agree that such action
shall be vested exclusively in the state courts of California in the County of Santa Clara or in the United
CITY OF PALO ALTO C09127144A
reVo 12/00
PAGE 5 OF 7
in the United States District Court for the Northern District of California.
Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure §
664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable
costs, including attorney’s fees, incurred subsequent to conclusion of the mediation.
Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute.
Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase agreements
which it enters into in connection with this Contract, and to require its subcontractors to include those
provisions in any sub-contracts or major material purchase agreements, such that any mediation or
litigation of any claim or dispute asserted by a subcontractor or major material supplier will be
consolidated with any related claim or dispute between the Contractor and the City. Should the
Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor or
material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract,
Contractor shall indemnify City for City’s costs of defense, including reasonable attorney’s fees.
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.
APPROVED AS TO FORM:
Senior Assistant City Attorney
NEXGEN BUILDERS, INC.:
By:.
Name:
APPROVED:Title:
CITY OF PALO ALTO
Deputy City Manager
Director of Administrative Services
Director of Public Works
CITY OF PALO ALTO C09127144A
rev. 12/00
PAGE 6 OF 7
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 118g)
STATE OF
COUNTY OF
On , before me,a
notary public in and for said County, personally appeared .,
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 that 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 C09127144A
rev, 12/00
PAGE 7 OF 7
ATTACHMENT C
CONTRACT No. C09127144B
(Public work)
Public Works Department
This Contract, number C09127144B dated is entered into by and between the City of Palo Alto, a California
Charter City and a municipal corporation of the State of California ("City") , and ACCO Engineered Systems, Inc.
("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 Proiect 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 follows:
Title of Project:Civic Center Infrastructure Upgrade-Mechanical & Controls, IFB No. 127144B
Bid:$ 2,627,228.00
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.
General Conditions
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (2007).
Certificate of Insurance, Performance Surety Bond, Labor & Materials (Payment) Surety Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (2007).
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 w~th 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 City of Pato Alto Dept. of Public Works Standard Drawings and Specifications (1992), or, if
no time is stated,.within thirty (30) Days of the date of receipt of Contractor’s invoices.
CITY OF PALO ALTO C09127144B
rev. 12/00
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 orthe personal
property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish 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.
PAGE 1 OF 7
....l~ehalf. Proof of insurance-~-I~al[ be mailed to the Project Mana-~er to the address set forth in Section 16 o~"i’his
Contract.
o 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
Contracto¢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 th!s
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, ))25100-25250.25, as amended); the Safe Drinking 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.
7=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.
8,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
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.
No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The right of
inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a satisfactory
manner in compliance with Contract requirements. The presence of a City inspector does not shift that obligation
to the City or relieve Contractor from its obligations to complete the Work in a satisfactory manner in compliance
with the Contract requirements.
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 bid security 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.
11.Bid Security 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 Bid Security as required under
the Invitation For Bid.
CITY OF PALO ALTO C09127144B PAGE 2 OF 7
rev. 12/00
12.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 course and scope of the Project and Work
shall be vested in Contractor;
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 filed, 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 information 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 between Contractor and City which would materially affect
Contractor’s ability to perform under the Contract;
ko
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;
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.
13.Assi.qnment. 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.
14.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 (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.
15.Audits by City. During the term of this Contract and for a period of not less than three (3) years after the
CITY OF PALO ALTO C09127t44Brev. 12/00 PAGE 3 OF 7
16.
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.
Notices. Allagreements, 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
Dept- Public Works
Division - Facilities
Address - 3201 E. Bayshore Road
Palo Alto, CA 94303
Karen Smith, Project Manager
To Contractor:ACCO Enqineered Systems, Inc.
1133 Aladdin Avenue
San Leandro, CA 94577
Attn: John W. Hansen
17.
18.
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 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 17
shall control in the event of a conflict with any other provision of this Contract.
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.
Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto Dept. of Public
Works Standard Drawings and Specifications (1992) of this Contract are incorporated herein by
reference.
e.Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to
CITY OF PALO ALTO C09127144B PAGE 4 OF 7
rev. "12/00
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.
go 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 contro.I, 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.
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
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 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.
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 observe,d as a legal holiday by City, the time for performance shall be
extended to the following Business Day.
po Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising out
of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose,
California. The intent of the parties is that the mediation shall proceed in advance of litigation; however,
if any party should commence litigation before the conclusion of mediation, such litigation, including
discovery, shall be stayed pending completion of mediation, and by executing this Contract the parties
stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule 1.15 or Rule 2-
3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of California, as such
rules may be amended from time to time. The parties shall share the cost of the mediation, including
the mediator’s fee, equally. Anywritten agreement reached in mediation shall be enforceable pursuant
to California Code of Civil Procedure § 664.6, as amended.
Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose, California.
In the event that litigation is commenced by any party hereunder, the parties agree that such action
shall be vested exclusively in the state courts of California in the County of Santa Clara or in the United
CITY OF PALO ALTO C09127144B
rev. 12/0o
PAGE 5 OF 7
in the United States District Court for the Northern District of California.
Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure §
664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable
costs, including attorney’s fees, incurred subsequent to conclusion of the mediation.
Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute
Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase agreements.
which it enters into in connection with this Contract, and to require its subcontractors to include those
provisions in any sub-contracts or major material purchase agreements, such that any mediation or
litigation of any claim or dispute asserted by a subcontractor or major material supplier will be
consolidated with any related claim or dispute between the Contractor and the City. Should the
Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor or
material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract,
Contractor shall indemnify City for City’s costs of defense, including reasonable attorney’s fees.
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.
APPROVED ASTO FORM:
Senior Assistant City Attorney
CITY OFPALO ALTO
APPROVED
ACCO ENGINEERED SYSTEMS, INC.:
By:
Name:
Title:
Deputy City Manager
Director of Administrative Services
Director of Public Works
CITY OF PALO ALTO C09127144B PAGE 6 OF 7
rev, 12/00
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF
COUNTY OF
On , before me,a
notary public in and for said County, personally appeared ,
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 that 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 C09127144B
rev. 12/00
PAGE 7 OF 7
ATTACHMENT D
CONTRACT No.C09127144C
(Public work)
Public Works Department
This Contract, number C09127144C dated is entered into by and between the City of Palo Alto, a California
Charter City and a municipal corporation of the State of California ("City"), and ACCO Engineered Systems, Inc
("Contractor’S).
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 cevenants, terms
and conditions of this Contract to the satisfaction Qf City. The Project and Work is generally described as follows:
Title of Project:Civic Center Infrastructure Upgrades - Plumbing, Fire Sprinkler & Fuel Oil System,
Invitation for Bids (IFB) No. 127144C
Bid:$1,432,530
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.
ao This Contract.
Invitation for Bid.
General Conditions
Project Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (2007).
Certificate of Insurance, Performance Surety Bond, Labor & Materials (Payment) Surety Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (2007).
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 City of Pato Alto Dept. of Public Works Standard Drawings and Specifications (1992), or, if
no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices.
5.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 orthe personal
property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish 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
CITY OF PALO ALTO C09127144C PAGE 1 OF 7
rev. 12/00
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 16 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 Iial~ility on
Contractor in the performanceof 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, asamended); 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, ~)25249.5-25249.13, 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.
7o 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.
8°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
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.
10.
No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The right of
inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a satisfactory
manner in compliance with Contract requirements. The presence of a City inspector does not shift that obligation
to the City or relieve Contractor from its obligations to complete the Work in a satisfactory manner in compliance
with the Contract requirements.
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 bid security orfire 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.
11.Bid Security 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 Bid Security as required under
CITY OF PALO ALTO C09127144C
rev. 12/00
PAGE 2 OF 7
12.
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:
Any materials and equipment which shall be used during the course and scope of the Project and Work
shall be vested in Contractor;
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;
13o
14.
Any labor and services rendered and materials and equipment used or employed during the course andscope of the Project and Work shall be free of defects in workmanship fora 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;
e=
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 information 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;
ho 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;
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;
Contractor and any person performing labor and services un(~er 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.
Assiqnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be
assigned by Contractor. Any attempted assignment sha~l be null and void.
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 (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 tocity.
.CITY OF PALO ALTO C09127144C
rev. 12/00 PAGE 3 OF 7
15.
16.
17.
18.
Audits by City. During the ter.rn 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.
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
Dept - Public Works
Division - Facilities
Address - 3201 E. Bayshore Road
Palo Alto, CA 94303
Karen Smith, Project Manager
To Contractor:ACCO En.qineered Systems, Inc.
1133 Aladdin Avenue
San Leandro, CA 94577
Attn:
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 accordancewith 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 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 17
shall control in the event of a conflict with any ot,.her provision of this Contract.
Miscellaneous.
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 authorityto 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.
Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto Dept. of Public
Works Standard Drawings and Specifications (1992) of this Contract are incorporated herein by
reference.
CITY OF PALO ALTO C09127144C PAGE 4 OF 7
rev. 12100
eo Force Majeure. Neith_er 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.
fo 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 orto be required of or permitted by either party. All provisions, whether c0venants
or conditions, shall be deemed to be both covenants and conditions.
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
Contractor or which authorizes Contractor to enter into this Contract.
mo
n=
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 Ci~, 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 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 th# 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.
Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes Or claims arising out
of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose,.
California. The intent of the parties is that the mediation shall proceed in advance of litigation; however,
if any party should commence litigation before the conclusion of mediation, such litigation, including
discovery, shall be stayed pending completion of mediation, and by executing this Contract the parties
stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule 1.15 or Rule.2-
3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of California, as such
rules may be amended from time to time. The parties shall share the cost of the mediation, including
the mediator’s fee, equally. Anywritten agreement reached in mediation shall be enforceable pursuant
to California Code of Civil Procedure § 664.6, as amended.
qo Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose, California.
In the event that litigation is commenced by any party hereunder, the parties agree that such action
CITY OF PALO ALTO C09127144C
rev. 12/00
PAGE 5 OF 7
such action shall be vested exclusively in the state courts of California in the County of Santa Clara or in
the United States District Court for the Northern District of California.
Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure §
664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable
costs, including attorney’s fees, incurred subsequent to conclusion of the mediation.
Flow-down. Contractor agrees to include provisions of this Contract relatin~ to Alternative DisputeResolution, Venue. and Recovery of Costs in any subcontracts or major material purchase agreements
which it enters into in connection with this Contract, and to require its subcontractors to include those
provisions in any sub-contracts or major material purchase agreements, such that any mediation or
litigation of any claim or dispute asserted by a subcontractor or major material supplier will be
consolidated with any related claim or dispute between the Contractor and the City. Should the
Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor or
material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract,
Contractor shall indemnify City for City’s costs of defense, including reasonable attorney’s fees.
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.
APPROVED ASTO FORM:
Senior Assistant City Attorney
ACCO ENGINEERED SERVICES, INC.:
By:
Name:
APPROVED:Title:
CITY OF PALO ALTO
Deputy City Manager
Director of Administrative Services
Director of Public Works
CITY OF PALO ALTO C09127144C PAGE 6 OF 7
rev. 12/00
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF
COUNTY OF
On , before me,a
notary public in and for said County, personally appeared ,
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 that 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 C09127144C
rev. 12/00
PAGE 7 OF 7
ATTACHMENT E
CONTRACT No.C09127144D
(Public work)
Public Works Department
This Contract, number C09127144D dated is entered into by and between the City of Palo Alto, a California
Charter City and a municipal corporation of the State of California ("City"), and Rosendin Electric, Inc. ("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.
2°General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment inconnection 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:Civic Center Infrastructure Upgrades-Electrical & Fire Alarm, IFB No. 127144D
Bid:$ 488,590.00
Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the CityClerk 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.
General ConditionsProject Specifications.
Drawings.
Change Orders.
Bid.
Supplementary Conditions.
City of Palo Alto Dept. of Public Works Standard Drawings and Specifications (2007).
Certificate of Insurance, Performance Surety Bond, Labor & Materials (Payment) Surety Bond.
Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the
City of Palo Alto Dept. of Public Works,Standard Drawings and Specifications (2007).
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 City of Palo Alto Dept. of Public Works 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, 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 furnish 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 16 of this Contract.
CITY OF PALO ALTO C09127144D PAGE 1 OF 7rev. 12/00
Contract.
Indemnification. Contractor agCees 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 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, )~25100-25250.25, as amended); the Safe Drinking 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 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 an~/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 er practice which may arise between the parties 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 this Contract.
No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The right of
inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a satisfactory
manner in compliance with Contract requirements. The presence of a City inspector does not shift that obligation
to the City or relieve Contractor from its obligations to complete the Work in a satisfactory manner in compliance
with the Contract requirements.
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 bid security orfire 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.
11.Bid Security 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 Bid Security as required under
the Invitation For Bid.
12.Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and
CITY OF PALO ALTO C09127144D PAGE 2 OF 7rev. ’12/00
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 course and scope of the Project and Work
shall be vested in Contractor;
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 filed, 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.
eo 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;
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 between 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,
certifications, and other written information as may be requested of Contractor by City from time to timeduring the term of this Contract;
Contractor and any person performing labor and services under this Project are duly licensed by the
State of California as required by California Business & Pr(~fessions Code Section 7028, as amended;
and
Contractor has fully examined and inspected the Project site and has full knowledge of the physicalconditions of the Project site.
13.Assi.qnment. 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.
14.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 (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.
15.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, ff Contractor has no such hours,
.during the regular business hours of City.
.CITY OF PALO ALTO C09127144D PAGE 3 OF 7rev. 12/00
16.Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents,
designations, notices, offers, re-quests 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:
Copy to:
City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
City of Palo Alto
Dept - Public Works
Division - Facilities
Address - 3201 E. Bayshore Road
Palo Alto, CA 94303
Karen Smith, Project Manager
To Contractor:Rosendin Electric, Inc.
880 Mabury Road
San Jose, CA 95133
Attn: Jim Hawk
17.
18.
Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article I11, 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 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 17
shall control in the event of a conflict with any other provision of this Contract.
Miscellaneous.
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 th’e 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.
Definitions. The definitions and terms set forth in Section 1 of the City of Palo Alto Dept. of Public
Works 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.
CITY OF PALO ALTO C09127144D PAGE 4 OF 7revo 12/o0
Incorporation of Documents. All documents constituting the Contract documents described in Section 3
hereof and all documents which may, from time to time, be referre.d 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.
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
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 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.
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.
Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or ctaims arising out
of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be
conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose,
California. The intent of the parties is that the mediation shall proceed in advance of litigation; however,
if any party should commence litigation before the conclusion of mediation, such litigation, including
discovery, shall be stayed pending completion of mediation, and by executing this Contract the parties
stipulate to mediation in accordance with Santa Clara County Superior Court Local Rule 1.15 or Rule 2-
3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of California, as such
rules may be amended from time to time. The parties shall share the cost of the mediation, including
the mediator’s fee, equally. Any written agreement reached in mediation shall be enforceable pursuant
to California Code of Civil Procedure § 664.6, as amended.
Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose, California.
in the event that litigation is commenced by any party hereunder, the parties agree that such action
shall be .vested exclusively in the state courts of California in the County of Santa Clara or in the United
States District Court for the Northern District of California.
r.Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the
completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is
necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure §
664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable
costs, including attorney’s fees, incurred subsequent to conclusion of the mediation.
CITY OF PALO ALTO C09127144D PAGE 5 OF 7
rev. 12/00
Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute
Resolution, Venue. anti Recovery of Costs in any subcontracts or major material purchase agreements
which it enters into in connection with this Contract, and to require its subcontractors to include those
provisions in any sub-contracts or major material purchase agreements, such that any mediation or
litigation of any claim or dispute asserted by a subcontractor or major material supplier will be
consolidated with any related claim or dispute between the Contractor and the City. Should the
Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor or
material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract,
Contractor shall indemnify City for City’s costs of defense, including reasonable attorney’s fees.
IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of
Pato Alto, County of Santa Clara, State of California on the date first stated above.
APPROVED ASTO FORM:
Senior Assistant City Attorney
ROSENDIN ELECTRIC, INC.:
By:.
Name:
APPROVED:Title:
CITY OF PALO ALTO
Deputy City Manager
Director of Administrative Services
Director of Public Works
CITY OF PALO ALTO C09127144D PAGE 6 OF 7
rev. 12/00
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 118g)
STATE OF
COUNTY OF .)
On , before me,a
notary public in and for said County, personally appeared ,
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 that 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 C09127144D
rev. 12/00
PAGE 7 OF 7
ATTACHMENT F
Attachment F: Building Infrastructure Study, dated September S, 2003
The Building Infrastructure Study for the Palo Alto City Hal! located at 250 Hamilton
Avenue in Palo Alto, California was prepared by:
Huntsman Architectural Group
Project Coordination, Architectural & Accessibility
F|ack + Ku~z
Mechanical, Electrical, Plumbing & Fire Protection
Rutherford & Chekene
Structural & Civil
Swiner~on Management & Consulting
Cost Estimating
The Building Infrastructure Study (along with copies of the attachments to CMR:334:08)
may be viewed at the Public Works Department counter located at 250 Hamilton Avenue,
6th Floor, Palo Alto or by contacting Karen Smith at 650-496-6973.
ATTACH1V[ENT G
ZZ :~ Z:~Z
ZZ Z ZZZ
ZZ ZZZZ
o
ZZ
o
ATTACHMENT
CERTIFICATION OF NONDISCRIMINATION FORM 410
PROJECT: CIVIC CENTER INFRASTRUCTURE UPGFL&DES-ELECTRICAL & FIRE ALARM
Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto in excess
of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in the performance of
this contract they will not discriminate in employment of any person because of race, skin color, gender, age,
religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person; and further certify that they are in compliance with all Federal, State and local
directives and executive orders regarding nondiscrimination in employment.
Title of Officer Si
Signature:
CITY OF PALO ALTO IFB 127144D PAGE 1 OF 1
ATTACH1VIENT H
’ CERTIFICATION OF NONDISCRIMINATION FORM 410
PROJECT: CIVIC CENTER INFRASTRUCTURE UPGRADES - PLUMBING, FIRE SPRINKLER &
FUEL OIL SYSTEM
Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto in excess
of $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in the performance of
this contract theywill not discriminate in employment of any person because of race, skin color, gender, age,
religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person; and further certify that they are in compliance with all Federal,State and local
directives and executive orders regarding nondiscrimination in employment.
Firm: ACCO Engineered Systems,. Inc.
Title of Officer Sig~ing: ~re~ident
DATE: July 15, 2008
CITY OF PALO ALTO IFB 127144C PAGE 1 OF 1
CERTIFICATION OF NONDISCRIMINATION
ATTACHMENT H
FORM 410
PROJECT: CIVIC CENTER INFRASTRUCTURE UPGRADE - MECHANICAL & CONTROL
Certification of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto in excess
o.f $5,000, the firm, contractor or individual(s) listed below certify that: they do not and in the performance of
this contract they will not discriminate in employment of any person because of race, skin color, gender, age,
religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person; and further certify that they are in compliance with all Federal, State and local
directives and executive orders regarding nondiscrimination in emp!oymen~.
Firm:
signature"
DATE: 3uly 15, 2008
Steven F. Turtle
CITY OF PALO ALTO IFB 127144B PAGE 1 OF 1
,FICATION OF NONDISCRIMINATION
ATTACHMENT H
FORM 410
,P, OJECT: CIVIC CENTER INFRASTRUC~TURE UPGRADES
~ertificati6n of Nondiscrimination: As suppliers of goods and/or services to the City of Palo Alto in excess
of $5,000, the firm, contractor or individual(s) listed below ce~ify that: they do not and in the performance of
this contract they will not discriminate in employment of any person because of race, skin color, gender, age,
religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person; and further certify that they are in compliance with all Federal, State and local
directives and executive orders regarding nondiscrimination in employment.
I
i
CITY OF PALO ALTO IFB 127144A PAGE 1 OF 1