HomeMy WebLinkAbout0281.092·;'"
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June 1.1, 1992
THE HONOR~Br£ CITY COUNCIL
Palo Alto~ California
Cpntract fer Water Main R~ent project Phase VI
Members of the council:
~eport in Brief
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This report requests that council award a contract in the amount
of $487 ,987 ~ DO to West Valley construction Compan}', Inc~, for
water main replacements on various streets in the colleqe Terrace
area of the City~ In addition, staff recommends that Council
authorize the City Manager or his designee to execute one or more
change orders to the contract ~ith West Valley Construction
CompanYr Inc. tor additional related r but unforeseen work. The
value of these change orders shall not exceed $73,198.00. Funds
for this project have been appropriated in the FY 91/92 Capital
Imprr)vement Program budget for water main replace:ments~
BAckgro1.nd
As the ~ater distribution system age~ it ~ecomes necessary to
replace the ~ains on a cyclic basis. Replacement becomes
necessary 'When the existing mains sh~W' extensive signs of
corrosion, are subject to re-occurring breaks which cause
extensive maintenance expenditures or ~hen the materials of
construction prove to be inadequate. Ir. very ¢ld water systems r
some mains are inadequate in size to supply required pressure and
flow for fire protection. staff has identified the nains in this
project as being subject to re-occurring breaks due to
inadequacey in size.
Project Description
The proposed project will replace 8,052 linear feet of deficient
water main as sho'Wn on the attached map. Phase VI of the Water
Main Replacement Project continues an approximate lOO-year
replacement cj'cle for the city's io;at.er Distribution System.
When the Finance Committee conducted its annual project review,
this project was not selected for fUrther review by the Committee
or participation in selecting the contractor. Staff selected
west Valley Construction Company, Inc.~ based upon the
CMR:281: 72
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contractor's qualifications, experience, recently completed
projl;cts al'J.:j 1.0 .. bid price for the project.
~isLEyaluatiqn
The project was sent out fer competitive bid. Sids .ere received
from eight Gualified bidders on May 26, 1992, a3 indicated on the
attached bid summary. The loW' bidder .. ·as West Valley
construction conpany, Inc. at $~B7,987. The engineers estimate
was $663,600.
Recommendati,Qn
Staff reconur.ends that council:
1. Authorize the Mayor to exe~ute a contract with West Valley
Constru~tion Co~panYI Inc. in the a~ount of $487.987.00 for
the Water Main F.eplacement Phase VI: and
2. Authori~e the City Manager or his designee to negotiate and
execute one or more change orders to the contract with west
Valley construction Company, Inc., the value of wtlich change
orders shall not exceed $73,198.00.
~~ectf~llY ~ubmitted,
tAofL 0~-
Cha!'les Borg
Senior Engineer
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A~Y~u~
Director of Ut7iit~
\ . '1-1. ( u.\\..U<.\u.,\~~ J~~ Fleming I
Assistant City Manager
Attachments: Bid Summary
CMR.:281:92
Project Map
Contract
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STANFORD
UNIVmSITY
NOTE:
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I I 'WATER ~.A I N REPLACEMENT
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(PH~SE V I)
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PART II -CONTRACT 00500
CONTRACT
This Contract,. dated , is entered into b J' and betvJeen !he
City of Palo A,10, a munici<Jal co<poratiDn of the State of California ("City") , and ____ _
a _____________ , rContractoj~), whose
Taxpayer ldentif:catio,~ Number is ___ . ___ •• ____ _
For and in consideration of the following covenants, terms and conditiof"lS, City and
Contractor ("the parties") agree:
1. ~. This Contract sha{! commence on, and be binding on the psrties on, the
Date of Execution of this Contract, and shal! expire on the date of recordation of
the Notice of Substantial Completion, or. !f no such not,ce is requ ire d to be fi l.ed,
on the date that final payment ~s made hereGnder, subject to t~e eariJer
termination of th is Contract.
2. General &;pO€: or Pq;liect and Work. Contractor shall furnish labor, services,
materiais and equ;pment in connection with the construction of the Project aOO
complete the Work in accordance with the covenants, terms and conditions of this
Contract to tr,e sadsfaction of City. The Project and Work is generally descn'bed
as fonews:
Title: Water Main Replacement Phase VI ______ IFAS No. 33318
Base Bid: $ _______ _
Add A~emates (If any); $ __ .. _
.3 ~QocurT1en!s. This Contract shal1 consiS! of the documents set forth be!,--"lW. which are on
file 'Aith the City a eli<' and are hereby incorporated by relerence, For the pu rposes of construing,
intefpreting and resolving jncansislencies between the ptOviSLons 01 this Conlr,sct, these dOClJments
and the provisions !hereof are set forth in the fo(Jowing d'escencfing order of precedence
a. Thls Contract.
b. Notice Invlling FormaJ Bods
c. Contract SpecrlicalJons,
d. Drawings.
e Change Orders
r. Bid.
g. Supplemenlary Conditions
h. G&nefal CondiTions
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PART Ii • CONTRACT 00500
, 972 Standard Speclfica!lons
Cert.ificate of !nsurance, Performance Bond aM Labor and Maler.i.::lls aond
Affirmative Actfoo Guideiines and C:}mpiance Report
0tI"I0ef Specifications. or part thereof, not e)(pressJy inco;parated in the Contract
Specffications or [he 1972 Standard Specifications,
AllY other document no! expressly mentioned herein whicl"l is 'ss ued by City Of entel'ed imo
by t"'e partias.
-4. CgmnensatrO/"!, In consid8(a,t~0(1 0( Contracto,'s pertonnance ollts obligations hereunder, City shan
pay to Contracror the amount set forth in Conlractor'S Bid i~ acccrdance wrth the provisions of this
Contract and upon the recl!ipt of written invc!c25 a~ arl necessary supporting documelitalion ... :ithin
the lime set forth in the ComrGct Specfficalions and !he 1992 Slarldard ~~wings and Specifications,
or, if no time is stated. within thirty (30) Days of ille dale of receIpt of Contractor's iiWOices.
5 .!M!.lrul~~. On Of befcre the Dale of tlC>CiJlion, Col11ractor shan obtarn ~nd ma;l1tain the poi'icies
of insurar}CE-CO'IefagE' detSCribed in tt1e No!ice irlviljng Formal Bd's on lams and coootrions and in
amownts as may be requfred by the RisK M.anager, City shail not be obl'Q3ted to take out irlSurance
on ContraaOf's persona! propertjl or the personal pt'operty of any persol1 performing labof' or
~C{$ Of' supp'ying materials or equipment under !he P~oject Contraclor shall fl:mish Cdy wf1h
tne certif~tes of hsurartce and with origlnaj erldorsemenrs ai'feC(ing cO\Ierage requrred under this
Contrad on Of before the Date of ExecLJIion.. The certrficates and endorsements for each insurance
po(~~ shall be s.'gned by a person who rs a Lrthorized by tha! insurer to birod -;,o\ierage ()(1 its beM/f
Proof of insura'1Ce shalT b€ malisd to the PrOject Manager 10 the address set fOrth in Section IS
of tMfs Contract
5. Indemnf.ical~n. Contractor agrees to prolet:t, defend, indemnify and t101d Cit):. ~5 City Counc3
members, offICers, ard employees hatr."'iess from and against any and all daim5, dernana"s,
rlabi'rtfes, I~, damages. (;osts. expe~ses, Dens, perlaltes, sutts, or judgments, arisJr.g i:"l wt1de
Olin part, directly or indIrectl)l. at any lime from any injury to or death of perso"lS or damage to
property as a result of the 1N1111ul Of negligem act or omission of Com ractor > 0( whi:;::h resulls from
Contraclor's nonc:OITlprrance with an~1 ~w respecl;ng Ine cCndition, lise, occupcition or safery of t~e
Project slti!. or any part thereof, Of" which arises trom C.on:ractOl's failur~ to do anyth'ng r'~ui;ed
under t"'is (;entmet or 'or dOing arJ)1hing which Contrc.ctDl" ts requ:irad not to do under lhis Contract
or whicll .arises from conduct for which any Law imposes :.tr~ l~biJity on Contraclor in the
penormar.ce of or fai;ure to pertorm II->€' tC;!rr.lS and corodrtk)ns of li'lls CC(1!raCl, except as may arise
frOm the 50e wiJlfu' O!' neg11genl acl or om~sion of Crty Of any of ~s City Counc..;: members, officers,
or employee3. This indeiT1lliflcalion shalr e-xter,d to any and arl daims, c'emana"s, lY 1!ens made or
/Jed by rE=aSQn or any construction. reno',ralion, or remodeiing Work performed by Contractor under
thIS ContraCl al any time during the term of this Contract, 0( arising tl"lereatter.
7. Assympt~ Qf R~, CentradOf' ag(~ to \iOrUnlanl~ assume any arlO' all risk of loss, damage, Q(
injury to the property c! Contractor whict1 may occur~. on, Of about tt1e ProjE'd sile at any !rme
ancl in any manner, excepting such k>ss, injury, or damage as may be caused by the sole willful Of
negligent act Of" omlsskJn of all' or any of its City Councjl membef<i, offJc.ers, or employees.
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PART 1\ • CONTRACT 00500
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~. 'The acceptance ct any' payment Of performance, or any paJ"l thereCif. shan not operate lIS
a waiver by City or Its rights under this Contract A waiver by Crty 01 any creach of any pan Of
pr~ 01 'ttJis Contract b)' Conl.ractOf shall not oper-d.te as a 'Haiver Of continuing W3lvef at 3T"1'j
sUOsequent braac1'1 01 thi! same or any other pl'.Jvislon, 1'101' shali any custom or practice whicn rnay
arise ~&en the parties In the adm\n\SlTation 0'1 ar.y par! Of prai,:sion of tt":is Contract CE-cor:sfrued
to waive 04" to Jessen the right 0# City to insist upon 1 he perfQl1"(lSnce of Contract", in strict
ccmpi1ance with the CO'Iena.n~, terms and condltio:'\$ cl 'N~ Contract.
Ccmpflanca with laws. ContrectO<' stliioll, comply with an Laws. now in force 0\" which may hereaf':er
be In 'ore!! pertaining to t~ Project and Woo and this Conlract wtth the requiremEnt of al"ly boN
or firo(! unde-No'tit'!.!'S Of other similar body r\QYII 0{ he.eaft'O'r constituted., w:th any discref(of1a!)' license
Of penni!: 1ssued purst.:anr 10 an~ Law r.I any public agency ()I' official as well as with any provtSior.
of all recorded documents affecting the Proje.ct site, insofar as any are required by reason of the
USIJ Of occupancy cl the Prof.M:'l sfte, and VI'it1"l all Laws pert.aJ~ir'lg to nordiscriminalion and
affrrmaU.re action in employmem: arod haurdQ1JS malerials
11:,), ~ As a cooertiOn precoo'ent 10 City's obligation to pay compensation te CcntractOf. and on
01 before the Dafoe of Executioo. ContractOf shari furnjsM the Bonds as reqU!fed under the N.otk:e
Invlting Form&! Bids to the Protect Manager.
! 1. ~eser.tations and Warranties. In the suppy of any materia!s and equiprnen: and the rendering
of ~fxY. and services during the course and scope wi lhe Project and WorK, Contractor represents
and warrants:
a. Any materials and equipmen~ whicl1 shall be used d;..rfng ihe course and scope of the
Project and Wor'1( sha~ be veS:ro in Contractor;
b. AA'i mat3f\a[s and equipmenl whfc" shall be used during tM courss and scope of the
rroject and Woo s.'1a11 be merchanti! bje and r" to be! used for the particular purpose ror
which the materials ale required;
c. Any laoor and servk:es rendered and materials and eQtilprnenr used or emp.;)yec! during true
ccurse and scope ot the Pror~' and Wor'.c: sr.8jl be !rae 01 defee!s in workmanstlip lor a.
period at one {i) year after tile recmda~lon oIlt1e NrJtrce of Substamia1 Compalion, or, if
no sucM notice is required I<J be filed, 011 [he ja!e thal final payment is made hereurx:ler,
d. Any manufac..turer$ warranty obtalned by Contractor shan be obtained or shan be d~med
obtained b)r Conf.73ctOf rOf and 01"1 behall at Cit."
9. A.ny lr.tol'Tl'\atiol"l submitted by Cornractor prior to the award 01 Contract. Of thereafter. "Jpon
reques1, whe(her Of' IlOl subn"dtted uflder a continuing obiigallon by the term.s 01 the
Contract to do so, is ~ aro corro:::ct at the time such. in1Qm',atiot1 t.s 'Submitted or mad~
ava~abie to the ~
Con!ractOf has oot colluded, conspired, 01" agreBd, directl,.. or indirectly, 'JI'~h any pe;son
in regard 10 troe tams at.:;j cQOdttions of Con!ractor's Bid. except as may be permftted by
the Notice rnvfti~ Formal Bids:
g. Contractor has the power and authority to ertter fllla this CDnlract w~h City, thaI Ine
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PART II -CONTRACT 00500
irl:iividual execl.1ir~ tliis Contract 15 cl:t,..ay authorized to do so by appropriate resOl!.-otioo, and
tr.a.t this Contract :ahall be e)(~uted, de!"'Jcred' and performed p:...rsuant to the power snd
aUl'ooity conferred upon the pefSOf1 or persOl~:5 autMori::ed 10 bind COntrat:tOf';
~" COntractor ha!' not made an anempl to exert undue imluence wtth tna PurcMsing Manager
or Project Manage!' or any other person wno MS dire.::tly cootribl.o1ed 10 Cft'{s decision to
award the contract to CantraGlQf':
There are no unresdved daims ex dj::;ptJtes ber-;.'eer1 ConI~actGr Clnd City which wouid'
mz;!eriaOyaffect Contracto(s ~bBr!y:O perform und€r :he-Cormact;
Contractor has rumished and will tumlsh l11Je a~ accurate statemer'1ts, records, reports,
te5oiutions, certif.catlOtHii, and othe-r written irnormatiol"l (1:5 mer,-be rl'quested of Contractor
by City rrom dme to time during the term of tnis Co,.,tract;
k_ Con!ractOo> and any person perfom1ing labor and serolices undf>r t~is Profect is duly licensed
as a contractor with me State of Cali!ornia as required by CaJrfamia Business &. Profe.'>5ions
Code Section 7028, as amended: and
l Conlrac:or has fu~y examined and inspected the Projecl sfte a;xj has f-;,Jn knQ\'loiOK1ge of tne
physical concHlion.s of the F roject srte
12 Assignment This Contract and the perfcrmaf1ce required r.ereun<:Ier is personal to Cv;1lractor, and
it shall not be assigned by Contractor. Any anempted assignrnsnl $"'-<111 be null and void
13 ~ __ ~ . .Ail claims pertalning 10 eX!ra worK, additional charges, Dr.delays ..... ithin i:r€
Contract Time at Dlher disputes ar~rng out or the Contract sha!1 be submrt\c.-'d by ComrdctCl' to Crty
~ WTi1ing-by certffied' or registered ma~ within teli (m~ OaJl5 after tl'!e clai", arose or within such
ctnef" tIme as may.be permitted or re-q:Jired bylaw. and shall be described iii sufficient deta.1 to give
adequate notice d the SJJbstance of thi! dajm to. Cit)'
H. Audits by ClIY. During the term cJ Ihis Contract and for a period at i10t 'ess than tllree (31 years
after the e)(piraoon or ear1 i er terrninatfon cI tr"lis Contract, City shall t'6ve ihe ngnt to audit
Coouactor's ProJ.ect-rclated and Woric.rela!ed wrrtln-gs and business ~eco,ds, as such t8f'TiS are
.:;Iefined in Calrfom'a E\lkfence Code Secllons 250 alld 1271, as amended, during the regular
business hours of Contractor, or, it Contractor has nO suc~ !lours, during the regular business hours
oJCFty
15 tlQ!Jg~. All agreements, appointments. appro...-als. aL,Jthorizati,:J .... s, crairns, delT'.andS. Change Orders,
Gansents, designat~ns, notices, offers, requesls a!"'.d statements gNen b')l efther party to the other
shali be in writif""Ig ard s!"Ja,1 be sufficiently Given and served upon the other party It (1) personally
~rved, (2) sent by the United States mail. po5t;:;ge prepaid, (3) sent b)' private e:xprass delivery
~'NiCE, or {4} in the-case ci a tacsrmi\(: tral'l~mj5Sjon, 'I 5en\ \0 th~telephot'\e FAX m.lmber set to!1.n
below during regular business hours of I~e receiving party ar)(j fonowed withill tw'o (2) Days by
tfelN6ry 01 a hard cop') at t~ ma~e:-iiil -sent by fac~m\le transmiss-lon, in <lccarcanc@ with (1 f' (2)
'-' (3) abo .... e Personal servk;e shajl incILJd~, witho<;lllmit3lion, 5eNice by de!JVery and service by
raC$im~e trailSmissfQn,
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PART II· CONTRACT 00500
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To City:
Copy to:
To c.ontractor:
C;ty of Palo Alto
City Clerk
250 Hamitton Aven\.Je
P.O. Box 10250
Palo A~o, CA 94303
City of Palo Alto
Department 0: ~
250 Ham~ton Avenue
P.O Box 10250
Palo A.~o, CA S4303
(4'5132S-~
FAX: W,51329-~.
ATiN: Char!es Borg.
Project Manager
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F.,o,x: L.J _________ _
AnN: __ . _____ _
Mprw:atior1 of City Ful1d~. This Contract is subject to:he fiscaI provisions of Article 11'" Sect"~n
12 of the Chal1er ~ the City of Palo Alto. Any charges hereunder for tabof', servk:es. mareria!s and
equfpment rTli:iy accrue only after such expsndttures Mve been appro..-ed In acr..'ance in wrlling in
accordance with applicable Laws. TI'1Is Con:ract shall terminale wft~out penalty (j) at the end of a~y
fISCal year in the event that 'unas are not appJopOated for !he !oi1o-Ning fiscal \fear, or 01'; at any trme
within a fiscal year in the event that funds are oo1y appropriated fO( a portion of the fiscal year and
funjs for 'his Contract are no ~er ava~abfe TI'1is SeclJon 1 (, shail contra.' in the even! of a
<:ontIiC! with any oti1er provision of this Contract
a 8a~ee Disdllmer The parties urderstand and agree that City does n~ ptl!"pO<1 to be
Contmctor's ba~ee, and City is, t.llereior€, not responsible for an~" damage to the personai
property 01 Cent raCier
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b Consent Wheneve~ in this Contrael the apprO'o'aJ Of conseN of 3 party ~ r~ui[ed, 5uch
approval or consent s.h.all be in writing aM sha}j be executed bi a person halJing the
express awnorrry 10 grant sllCh approvaJ or ccnsent
c. Controlling Law. The parties agree th2:, this Contrad shall be governed and conS!rued by
!I.~ in accorda!lce ..... ith the Laws of Ire S13!e-cl California.
d. Definitions. The def:nrtJQ(lS and terms ~ fartl1 in Section 1 r;) the 1972 Srandard
Specrt)calions of this Contract are incorporated herein by rcfere!'lce
e. Force Majeure, Nerther party shan be deemed !'::. be ~n de!aul! on account of any d~a y Of
failure to perform its ob(lgaffons under this Contract whicJ-, dlrectJy resWts from an Act of
God or &!l a~ of a su;>erior go-.remmenlai al.o1hc.ttry
1. )-!eadings. T~e paragraph headings are no.. a pa r1 a: thjs Ccnt~?'Cl and $haj' ha'.e no effect
uPO!l the cooS1ructfon or inlerpr'2'tat~on eX any pan of this Contract.
g.
h.
Incorporalioo ot Documents. Ali documenis. constituting the Comrac! documents d'escnbed
in Section 3 hereof arld all documel1ts wt1ich may, from time 10 time. be r(lieHOO to in a:'1y
dl.ly executed ame'ldment herffio are by such reference ir.corpora'ed in IMis Contrac! and
shan be deemed 10 be part of this Cor1!racL
lntegrn1iort This Contracr and any amerdmenls here~o bet.Neen the panles cOnsl1t1.l1e the
entlre agre4!menl betW'eer"J the parties concerning the Pro;ect and Work, al"ld there are no
other prior oral Of written agreements ootween the paTties tha: are rKJt incorporated in this
Comracr
i... ModifICation of Agreemern. TI"lfs Centrad shall not be modffied or be ~·'1ding upon the
parties, unfess such modification is agre-ed to in wnting and s.tgne-d by the pan:es
1. Provision. Anyagreement, cO\'el',an!, condilion, cause, qualification, restrictkln. res.er.ration.
term or other SI:pulation [n the Contract shail define or olher..vis.e coni rol , eSL:lbHsh. Of limit
tne peffOm\ar.ce required Of permirJE-d" Of 10 be i€Q'Jlr9'i of or permirteo:J by either party, Ali
provis~:;I.ns, whelher COVena'lts or co;ditions, shaM be d-*m-ecj 10 be both covenanlS and
c:onirrlons.
k. AesotlJlion Contractor shall submit with its Ski a COPt of a~y corporate or partnersh:p
resolution Of olher writing, which authorizes any director, officer 01' a.t~er empoyee or
Pdrlner to ad Jer 0:" on ber.aif 0/ Contractoi or whkh ClL.1harlze.<; Contractor to S'n\er inlo t!1rs
Contract.
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Severability If a COurt r:/ ccmpe!en; jurisdrc!ioo fillds or rules that any pl'O\lisron of tflis
Contract's ... 00 or uner-Jorceab:e, the provisions of thiS Cont~ac! not so affected shail
remain ~n h.JIl fOfce and effect
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PART II • CONTRACT 00500
m. Status of Contractor., Ir. the exercise of nghts and obligations Llnd~r this Contracl.
Contractor aels as ar, irdeperdent contraClor and ;.0{ as an agf!'rU or employee Of City.
Contractor sha.~ not be entilIed 10 any rights ard benefits accoroed Of' accru!ng 10 t};e Cily
('.ounci members, officers 0( empioyees of Crtl, and <Anlractor expressly waives any and
aD dairilS to euch rights and befiefils
n. SLICCa'SSO(S and As&gns.. The provisions of this Centract shan ~jJra 10 the benefu of. and
$hall apply to iU"Id bind, the succes.sors and assi-Gns of t'le parties
o. Time ci the Essence. Time is of tr"ie essence of this Con!rsct and each 0( Its provislo."'lS
In the caicu!atiorl of ti:<re hereunder, the time in which an act 'IS to be I>'!'~o.:ned shatl be
computed by excluding the first Day aoc:! includi~lg ti1e last. If t~ tfme in which an a~ is
to be performed falls on a Sa1"l..Irday. SundJ!Y, 01' any Day observed as a ~egaI hol'da1' by
City. the time for performance shall be exterded 10 th6 following BLJ.Siness Day.
P Vefi(J6. In the €Vent thaI wit is brought by erther party hereunder, the ~nies aaret thai
trlaJ of such actlor'! snaIl be vested exciusNely in the stale courts of CaJitomia in thtl Coui1ly
01' Santa Oara in the City oi San Jose Of'" in the Ur.ited Sta!e-.o: District Cow rt for the Northern
Qi:stric! 01 Cilifomia In the Cty of Sa r. Jose.
!N WITNESS WHEREOF, the parties have executed ieis Cootract on the date first
above stated in Palo A~o, California
ATTEST:
crty Clerk
APPROVED:
city Manager
Director of Utilities
Director Of Finance
Risk Manager
CITY OF PALO ALTO, CAUFORNIA
8y: ____ _
Mayor
CONTRACTOR: __ _
8y: __ _
Name; ___ ~~ ____ _
Title _~._~ _____ _
Taxpayer LD, N'), __ _
APPROVED AS TO FORM:
Assistant City Attomey
END OF SECTfON