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HomeMy WebLinkAbout2004-03-01 City Council (16)City of P io Al o City Manager’s R p rt TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: UTILITIES DATE:MARCH 1, 2004 CMR:160:04 SL~JECT:REQUEST FOR ADDITIONAL CONTINGENCY MONIES IN THE AMOUNT OF $150,000 TO COVER ADDITIONAL BUT UNFORESEEN WORK RELATED TO THE CONSTRUCTION OF NEW WATER MAIN BLOW-OFFS IN PROJECT 16 WATER MAIN REPLACEMENT,CONTRACT NO.C3149250 WITH WEST VALLEY CONSTRUCTION COMPANY RECOMMENDATION Staff recommends that Council approve staff’s request for an increase of $150,000 to the contingency budget for water main blow-offs in Water Main Replacement Project 16, Contract No. C3149250. BACKGROUND On June 9, 2003, Council approved and authorized the Mayor to execute a Water Main Replacement contract with West Valley Construction Company in the amount of $1,983,008, which includes separate budgets of $1,616,533 for construction of new water mains, and $363,475 for construction of 137 new water main blow-offs (CMR:297-03). The blow-offs support the San Francisco Public Utility Commission’s recent conversion to chloramination disinfection. The blow-off construction contingency is $36,647. DISCUSSION West Valley Construction started construction of new water mains and water main blow- offs on August 1, 2003 and has completed approximately 70 percent of the project to- date. Staff has projected that the remaining contingency for the blow-off component of the project of $36,647 will not be sufficient to cover additional costs associated with the construction of the water main blow-offs. On average, the blow-offs have cost approximately $1,000 more per blow-off installation, due to additional work to locate the ends of the water mains and to relocate/reconnect existing water services which interfere with the blow-off installations. This additional work is the result of unforeseen field CMR:160:04 Page 1 of 2 conditions which were not included in the original project scope of work. Staff is requesting additional contingency funds of $150,000 to ensure that there are sufficient funds to complete the blow-off construction portion of the project. The remaining contingency funds will be used for the extended pavement repairs. RESOURCE IMPACT Funds for the project was included in the FY 2002-03 Utilities Department Water Capital Improvement Program budget. The additional contingency fund is available within this budget. POLICY IMPLICATIONS The approval of this request is consistent with existing City polices. ENVIRONMENTAL REVIEW This project is categorically exempt from the provisions of the California Environmental Quality Act and no further environmental review is necessary. ATTACHMENTS A: CMR:297:03 PREPARED BY: An Le, Romel Antonio, Roger Cwiak, and DEPARTMENT HEAD: CITY MANAGER APPROVAL: EMIL HARRISON Assistant City Manager CMR: 160:04 Page 2 of 2 A TTA CHI ENT A I0 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: UTILITIES DATE: SUBJECT: JUNE 9, 2003 CMR:297:03 APPROVAL OF A CONTRACT WITH WEST VALLEY CONSTRUCTION COMPANY IN THE AMOUNT OF $1,983,008 PROJECT FOR WATER MAIN REPLACEMENT PROJECT 16, CAPITAL IMPROVEMENT PROJECT 33331 RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with West Valley Construction Company in the amount of $1,983,008 for Water Main Replacement Project 16, Capital Improvement Project 33331. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with West Valley Construction Company for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $198,300. DISCUSSION Project Description The work to be performed under the contract is for Water Main Replacement Project 16, (WMR 16) which involves the installation of approximately three miles of water main and services (see project location map Attachment C). The project maintains a 26-year replacement program for the cast iron portion of the City’s water distribution system. CMR:297:03 Page 1 of 3 As the City’s water distribution system ages, it becomes necessary to replace existing water mains. These mains, typically cast iron pipes, begin to show signs of extensive corrosion, or become subject to recurring breaks. Another problem with very old water systems, such as the one in Palo Alto, is that mains are inadequate in size to supply the required flows and pressure for fire protection. This project will replace mains that have been identified by staff as subject to breakage and will increase fire protection flows in the areas being upgraded. This project will also install approximately 137 main blow-offs on dead-end mains in the water distribution system. These blow-offs are being installed to manage water distribution system water quality after the SFPUC disinfectant conversion from chlorine to chloramine later this year. The new blow-offs will also improve the efficiency of the City’s annual distribution flushing program and help to maintain water quality. This work is being performed by contract because the project resource requirements are beyond the City’s personnel and equipment capacities.The project would consume approximately 21,000 man-hours to complete. Bid Process A notice inviting formal bids for WMR 16 was sent on March 31, 2003 to nine builders’ exchanges and eleven contractors. The bidding period was 36 calendar days. A non- mandatory pre-bid meeting was held on April 15, 2003; two bidders attended the meeting. Bids were received from five qualified contractors on May 6, 2003, as listed on the attached bid summary (Attachment A). Bids ranged from a high of $3,030,138 to a low bid of $1,983,008. Contractors not responding indicated that they did not submit a bid because they were too busy to bid. Staff has reviewed all bids submitted and recommends that the bid of $1,983,008 submitted by West Valley Construction Company be accepted and that West Valley Construction Company be declared the lowest responsible bidder. The bid is 25 percent below the engineer’s estimate of $2,666,160. The change order amount of $198,300, which equals 10 percent of the total contract is requested. Staff checked references supplied by the contractor for previous work performed and found no significant complaints. Staff also checked with the Contractor’s State License Board and found that the contractor has an active license on file. CMR:297:03 Page 2 of 3 RESOURCE IMPACT Funds for this project are included in the FY 2002-03 Utilities Department Water Capital Improvement Program (CIP) budget. POLICY IMPLICATIONS The award of this contract does not represent any change to existing City polices. recommendation is consistent with the Council-approved Utilities Strategic Plan: Key Strategies No. 1: Operate distribution system in a cost effective mannel: Supportive Objectives: No. 1: Enhance customer satisfaction by delivew valued products and services. No. 2: Invest in utility infrastructure to deliver reliable service. This ENVIRONMENTAL REV-IEW This project is categorically exempt from the provisions of the California Environmental Quality Act and no further environmental review is necessary. ATTACHMENTS A:Bid Summary B:Contract C:Project Location Map ~ PREPARED BY: An Le, Romel Antonio, Roger Cwiak, and Scott Br,~gg~alspalx DEPARTMENT HEAD: CITY MANAGER APPROV?d_~: / J OHN)U~L RI CH ;Dlre.ctor..of Utilities Assistant City Manager CMR:297:03 Page 3 of 3 I-"ZLU CONTRACT No. C3149250 (Public Work) Utilities Department This Contract, number C3149250 dated is entered into by and between the City of Palo Alto, a chartered cit2 and a municipal corporation of the State of California ("City"), and West Valley Construction Company, 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 fi~ed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. General Sco_pe of Project and Work. Contractor shall furnish labor, services, materials and equipment ir connection with the construction of the Project and complete the Work in accordance with the covenants, terms ~-nd conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows: Title of Project:WATER MAIN REPLACEMENT PROJECT #16, Invitation for Bid (IFB) NO. 149250 Bid:$1~983~008. O0 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 beb,,~een and among the provisions of this Contract, these documents ant1 the provisions thereof are set forth in the following descending order of precedence. a.This Contract. b.invitation for Bid. c.Project Specifications. d.Drawings. e.Change Orders. f.Bid. g.Supplementary Conditions. h.General Conditions. I.Standard Drawings and Specifications (1992). j.Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. k.Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or tile Standard Drawings and Specifications (1992). Any other document not expressly mentioned herein which is issued by City or entered into by the parties. Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shali pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upo~ the receipt of written invoices and all necessary supporting documentation within the time set forth in tho Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, withil~ 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 ~e 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 10. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Counci! 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 par thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything wl~ich Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose stdct liabilib! on Contractor in the performance of or failure to perform the provisions of this Contract, except as may adse 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 execuiion 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 Texic Substances Control Act (15 U.S.C. ~2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, ~925300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, 3)25100-25250.25, as amended); the Safe Ddnking Water and Toxic Enforcement Act (Health & Safety Code, ))25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, )~25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injuw 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 oi 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 ol 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~nspection: 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 satistactory manner in compliance with tl~e Contract requirements. Comuiiance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire under~witers 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 tt~e Project site, insofar as any are required by reason of the use or occupancy of the Proiect site, and with all Laws pertaining to nondiscrimination in employment and hazardous materials. Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Invitation For Bid. ! 2.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: CITY OF PALO ALTO 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 mateda!s are required; Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shail be free of defects in workmanship for a period of one (~1) year aRer 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 [he 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 Far Bid; Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duty authorized to do so by appropriate resolution, and that this Contracl 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 exed undue influence with the Purchasing Manager or Project Manager or any other person who has direclly 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 affecl 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 dul.v 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 I~ereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. 14.Claims of Contraclor. All claims pertaining to extra work, additional charges, or deiays 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 shatl be described in suflqc)ent detai1 to give adequate notice of the substance of lhe claim to City. 15.Audits by City. During the term of this Contract a~:d 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, dudng the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. CITY OF PALe ALTO 16. 17. 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 sufiqcientty given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by pdvate 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 (!), (2) or (3) above. Personal service shall include, without limitation, service by deliver’! 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 Pale Alto Utilities Department 250 Hamilton Avenue Pale Alto, CA 94303 Attn: An Le, Project Manager To Contractor:West Valley Construction Company, Inc. P.O. Box 5639 San Jose, CA 95150 Attn: Michael Kelly Aopropdation of City Funds. This Contract is subject to the ~iscal provisions of Article III, Section 12 of Charter of the City of Pale 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 Conlractor’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 approvat or consent shall be in wdting and shall be executed by a person l~aving 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 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 perform its obligal.ions 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 go )ncorporation o[ 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 pad 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 wdting 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, eslablish, or limit the performance required or permitted or to be requffed 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 jurisdictior~ 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 [his Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any dghts 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 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, Califemia. 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 Coun~ 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 [he 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. 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 litiga~,on may recover its reasonable CITY OF PALe ALTO S÷ 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 indemni~ 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 Paio Alto, County of Santa Clara, State of California on the date first stated above. ATTEST: City Clerk APPROVED AS TO FORM: CITh" OF PALO ALTO By: Its Mayor Senior Assistant City Attorney APPROVED: Assistant City Manager Director of Utilities Name Dennis L. ~oncato Title: Assistant Vice President COo r Director of Administrative Sewices Insurance Review ] Risk Management By: Name: Title (Compliance with Califom a Corpura~ons Code 313 is required if the enti~’ on whose behalf bhis conb’act is signed is a corporation. In Me alternative, a cerlified corporate resolution attesting to the signator,¢ authori .t-y of lhe indiv;duals signing in their respeclJve capacities is acceptable CITY OF PALO ALTO WEST VALLEY CONSTRUCTION COMPANY, INC. CERTIFICATE OF SECRETARY I am the Secretary of West Valley Construction Company, Inc. I certify that the fbllowing resolution was adopted by the Board of Directors of that corporation on June 27:2002 and is still in full force and effect: AuthoriW of Officers- Construction Projects -Bidding, Contracting and Other. RESOLVED, thai all construction projects amhorizations previously granted to ofricers are rescinded and that each of the /bllowing named officers of this corporation is authorized to aci for and to bind this corporation with respecl to any consm~ction project or construction contract including, without limitation: Signing and submission of bid and reialed documents; signing of contract and related documents, whether resulting from bid, negotiation or otherwise; signing of" any other documents in connection with negotiatiag, bidding, entering into or performing the project or contract; and applying for or signing any bonds in connection with the project or contract. Michael J. Kelly Kevin P. Kelly Charles J. Kastigar Patrick K. Kelly Stephen N. Benner Jimm K. Vosbargh Jeffery A. Azevedo Dennis L. Poncato President and CEO Senior Vice President CFO and Secretary-Treasurer Vice President Vice President Vice President Vice President Assistant Vice President & Assistant Secretary The authority recited above shall remain in full force and effect through Decembe~ 3 l, ~_00.~, or until such earlier time that the authority is rescinded or modified and actual notice of such rescission or modi fication is given to any person to whom notice of the autt~ority has been given. Date: CERTIFICATE OF ACKNOWLEDGMENT STATE OF California COUNTY OF Santa Clara (Civil Code ~, 1189) On May I_6, 2,003 ,beforeme, Valerie U. Azevedo a nora@’ public in and for said count, ,personally appeared Dennis L. Poncato.personally known to me ~KF~’,"re~I){~Z~6~::I~’6.)L~’,..~{~t%~"~&~{~j{~~ to be the p~rson(~ Who~’e narne(,~’) is/~ subscribed to the within instrument and acknowledged to me that he.~.~&5~executed tt~e same in his/~Z~l,[~r authorized capacity(b~), and that by his~i~Lt-1~ir signature(:~) on the instrument the person:t"~, or the entity upon behalf of which the persor~ acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) Commisii)n ,1244714Notary Public - C&lifomlaSa,qta Clara CITY OF PALO ALTO ATTACHMENT C Palo Alto WATEFZ NL&IN REPLACEMENT PROJECT 16CIP 33331 LOCATION MAP ,’\TTAC[-IMENT - C - This map is a producl of ti~e City cf Pa!o