HomeMy WebLinkAbout0433.092•
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r= September 24, 1992
THE HONORABLE CITY COUNCIL
Palo Alto, California
Palo Alto Harbor Improvement~~IP 1~918 -Award of C9ntr~ct for
Harbor Master's cottaqe Renovation and picnic Area construction.
Me~bers of council:
Report in Brief
This report recommends that Council award a construction contract
to Man Wah Construction company. Inc. in the amount of $179,800 for
the Harbor Master's Cottage reDovation and picnic area
construction. Funds for the work are available from CIP 18918.
Background
In 1989, council approved an agreement with Santina and Thompson,
Inc., to desiqn improvements in the Palo Alto Harbor area~
including a new sai11ng station, four acres of marsh restoration,
a new picnic area, and Harbor Master's Cottage renovation. Staf"f
recently obtained permit approval from the corps of Engineers and
the San Francisco Bay Conservation and Development Commission,
which allowed the City to receive construction bids for the c~ttage
and picnic work~
The Harbor Master's Cottage repairs and picnic area construction
were combined into one contract, because the work can be
appropriately done by one general contractor and a landscape
subcontractor. The sailing station and marsh improvements will be
advertisee this fall as separate contracts, because each project
requires uniquel~ different construction skills. Staff does not
anticipate any slqnificant scheduling and construction conflicts
between all anticipated work in the Palo Alto Harbo~ area~
D i scussio.n
Bids ~ere received from eight gUdlifi~d ccntractors as shown on the
attached summary (Attachment A). Staff recommends that the bid of
$179,800, submltted by Man Wah Construction Company, Inc., be
determined by council to be the lowest responsible bid and that
~his contract be a~a~ded accordingly ,Attachment B). This bid is
nine percent belo~ tbe engineer's estImate of $198,750.
The cottage is located adjacent to the duck pond, within the Palo
Alto saylanda Nature Preserve. As it is on the City's Historic
Inventory List and is a rare example of the Span.lsh Colonial
Revival stylEr staff has coordinated the scope of repair with the
City's Histor.lc Resources Board~ To preserve the original outline
of the historical part of the building, the lean-to additions and
the adjacent old storage sheds will be de~olished. The renovation
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work will correct the sex'ious prcblems caused by aqe, termite
damage, floodin«i and earthquake damaqe. Floors, foundations, ..... alls
and the roof 'WIll be repaired; a::"ld all plumbing and electrical
Eervices will be repla~;ed according to current code. Upon
completion of the renovation, the cottage ..-il1 be reoccupied by
Park Ranger!? 'Who 'Will continue to USE-the building as a ranger
station.
The proposed picnic area is located to the east of t.'1e
area. The jmprovements consist of installing four picnic
two benches, a drinking fountain, p~ths and landscaping.
expacted to begin in October and be completed by December
EnvirOnmental Assessment
cottage
tables,
Work is
1992.
The project will have no significant environmental effect for the
purpose of the California EnvironBental Quality Act, as shown in
the mitigated negative declaration for the project approved by the
City council on March 18,1991 (Negative Declaration No. 91-EIA-l).
No further a~vironmental review is required.
Recommendatigns
staff recommends that Council:
Approve and authorize the Mayor t.o ex-ecute the attached
contract ~ith Man Wah Construction Company, Inc. in the amount
of $179,800 for the renovation of the Harbor Master's Cottage
and constructio~ of the picnic area.
2. Authorize the city Manager or his designee to negotiate and
execute one or more chang~ orders to the contract with Man Wah
construction Company, Inc.~ the total value of ~hich change
orders shall not exceed $27,000.
Respectfully submitted,
GEORGE BAGDON
Assistant Director of Public Works
0rwx&M
DAVID G. ADAMS ~-i<
Director of Public works
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JUNE FLEMING
Assistant City Manager
Attachments: \".A.
B.
Bid Summary
Contract Pages
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Page 3 of 3
Attachment l!
CONTRACT
This Contract, dated _ IS. entaJiad ~ntc by aond between the CIt)!
of Palo Aha. iii municipal ccrpOfIHion of the State c( California (~CiW' J , and -cc-=------::c
Man Wan Con$lryctiQn ComoanY......Lf2L-. a Caldornia Coroor;af_ion (~Ccn;.raclOr~ I, whos~
Taxpayer Identification Numbtlr is ;l4·3Q82549
FOf and in conSlde,'ation "f the fcnow~n~ C'ovenants, ,erms and condit',ons, C'rty and CCl1tractor
I"the pMties'" a9rl3e:
1. Term. This Contract shall COrT'mence on, and tle binding on the p<lr(!es on, the Date of
Exec-utlon of this Contract, and shari expire on the d.lte 0' recordation of the r.,jotice of
Substamial Completion. or, if no such notice rs requjred to be flied, on the date that frnal
payment is made hereunder, subject to the earrier termi~al~on of th',s Contract
2, GeQ1!rjl!1 $cope of Proiect and Work. ContraclOr Sh2:: furnish labor, SErvices, materials and
equipm"lnt in CO!"lnection with the consrruction of Ihe Project and completp. the Work in
acc-ordance with the {'o\lenants, tNms and conditions 0' this Contract 10 ttie satisfaction of
City, The Project and Work is generOlliy described as follows·
Title: hl.o Altel::!a:rbor ImafQveme~ts PrOjeCT 11".(9 1-891.8 Harbor Master's Cottage and Salli_~.9
Station Pic" ic Area
Base Bid, $ 1.079""'800""'."'°"'° _______ _
Add Alternates. (if any): $ -'=--___ _
3, Comract ~ ... ments, Th,s Contract shall consist of (he documents set forth below. which are
on file with the Crty Clerk. and are "'-ereby i:1corpora!ed b'l" refefence For the purposes of
construing, interpretin~ end resolving inconsistencies between the prOl.lisions of this COf'.tract.
these documents and the provisions thereo~ are Soet ~on:l in {he fOllOWing descer'1d~nQ order of
preceder.ce.
e. This Contract.
b. Norice Inviting Formal S,ds,
... Change Orders.
d. Sid.
e. Addenda.
f. Special Co.,ditions,
g. Suppiemem3ry C(JnOltions;.
h. General Conditions.
i. Contract Specrfications
j, COlltract Drawings.
k. Standard DraWings and Specifications n 972)
I. Certificate of Insurance, Performance Bond and labor and Materials Bond
m. t-.ffirmati .... e Action Guideljl'lP.'S ar.d C':)n1pJi.once Repon
n, Other SpeCifications. or part (hereof r":O~ e;.:press:1y incorpOlated in :t",€ Contract
Specifications or the Standard ~rawlngs and S~ecifica!ior'1s r19721
o. Any other dDcumel"it not e)(pressly rnerllioned r.er'"in which is 15sl.Jed bv ety or entered
intG by the part;es
City oj Pelo All" CONTOIACT 11,92) Paga 1
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5.
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CONTRACT IContinu!'!di 0
CompanYJipn In consideraticn of Cnntractor's performance of its oblIgation'S hereunder, City
sMIt pay to Contractor the amount 5e~ forth in lc"tractor's B,o m a'Ccordance with the
pro .... isions o~ thjs Contract and upon the receipt of \,1Hinen irlvoices and all necessary
supporting docum.entation w',t!",m the t',me SlOt forth in the Corw;:;ct Spec',fications Sino the 1972
Standard Drawings and Soecificalions. or, !f no time IS stated, wj,h;" thirtY 1301 Days of the
Q'a1:8 of receipt of Cc·ntractor's inVOH:~es
Insurance. On or before tho'! D~le of Execution, ConL:~actor Shdl: obta~n and maintain the
poIides o~ insur,an(.;e caverage described ~n the NOllce Im;I~lnlJ Formal BlCls On terms and
conditions and in amounts a~ may be reqUired by the Risk Manager. C~ty shall not be ob~gated
ttl tak!! out insu~ilnCE: on Contractors personal property or the personal f,lropen:y {)f any person
perform'l"lg I abor or ssrvices or SupplyinQ ma~e~ials. or equiprr,ent under Ih-e Project, Contract<x
.shitll fumish City with the certificates of insurance and with ofiglnal endorsernants i:l:He<:tir'log
CQyerage re~LJit~ under this Contract on Of before !he Date of Executiun. The certificates and
endorsements. for each insurance tl01icy sha.1 be signed b'; a p€rson who 15 authorized by that
insurer to bind co .... erare on ItS behalf. PrO(.lf of insurance ~hall be mailed to the Project
Man2ger!0 the address set forth in Section 15 of thiS Cor,tract,
6. Inctemnificalian. ContractOf awl'ees to protect. defend, inderrln.ity and hold City, its CitY Council
members, cl.flCers. and em~!oyees l'1armless from and agalll:;,t any and afi clClims, cferl'lands,
liabilities, los.ses, damages, COSts, expenses, lIens, penalties, suits, or jud~ments, arising' in
whole or in part, directfy or indirectly, 'H an',' Ijme f,om any injury to or death Dr persnns t)f
damage to property as a result of the wiMu' or negllgerq OIet 0.-omission of Contractor, or
which tesuJts. from Cont,actor,£ r"lQncompllance with an)' La\\' respecting the condition. use,
occupation or f;afeti/ of the Projer.t s]te, Of any ~:Jrt Ihere.oi, 0; which OIr'lses from Contractor's
fa~ure 10 do anythin" reQuired under this Contra{'t or for doing anvtnrng. whic!"> Contra(':tor ~s
requirf!d not to do under this Contract. or ·Nhich arises from conduct for whicl'1 any Law
imposes str'ict liability on Comractor in the P€,formance of or failure to perform the terms and
conditions of this Contract, except as ma.., arise froi'Tl the sale willful or ne~l;gent act or
omissK>n of City or any of its CiW Council members, offiars, or emp1oyil'p.s. This
indemnification shan extend '10 any and a~1 claims, demands., or liens made or filed by reasan
of an)' ~ons(ruction, renO\lation, or remodcijng Work performed by Contrac;or under this
Contract at ilny time during the t;!rm of tMis Contract. Of "'ris'lng thereafter
7, Assl4mmion gf Risk, COnlractor agrees to I(olunraril.., assume ant and all risk of I..J-SS, damage,
Of m;ury to the property of Comr3CTor whIch may occur in, on, or about the Project site at any
time and in any manner, eJCcepting such loss, i."ljury, or damage as may be caused by the sofe
wilfful or nCQligent act or omi&sion of C,ty a' ar"l'1" of its Clt'1 Council members, Qfficers, '~r
employees.
8, W;;;.iver. The accp.ptance of any payfYlenr or ,performance, or any ,Ddrt thtmw~, shall flat operate
as a waivef by Cjty of hs rigras under thiS CO'ltr"ct A ~vai,,'er by City of any breach of any
part or provision of tl'1is Contract by Contliio:tor shall net operate as a wailier Of cQntinuing
waiver of ari." subsequent breach of the same Of any o:her provision, nOf shall any custom or
pract;ce wh;c::h may arise between tl'1e Pdit~es In the adrninistratjon of any part or pfovi~iDn of
this Contract be ;:-oostrued to waive or to lessen the right of City to ~nsjst upon the
performance of Contractor in strict compliance wi,h the co,,'enants, terms and conditions of
this Contract,
g, Compliance with Laws Con1racwr shari comply W;[t1 ar! LaViS 1101'" H1 force or which may
her~after be in force pertaininQ to the Project and Wcrk and thiS Camract, with ~he requirement
cf aroy bond or fire underwriters or other simila[ body naw or hereafter constituted, witl'1 an}!
discretionary license or permit issued pUls>Jant to ;;ny Law of any publ,c agency Of oHrcia: ;;s
wet! as with an.., p~ovi5,on of afl recorded document:s ,affecr,ng the PrOI~ct sile, insofar as any
are required by reason of the use or 0ccupanc~' of the Pr,lject site, afld ,,,,,im all Laws perta;,.,lng
to nondiscr j 'T1inahon and aff'rma(ive actler. in €~p:O'",ncl-il ar-;d h,a.zarcfous miH~nals
C.tr cl Paoio AI~o: CDNTRACT 1'/'921
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CONTRACT ICon'.:nuedJ ,-'
1.0. 1k2.!::uti, A5. C<;lndilion precedent to City's obii\jtltion tG pal,! com~ens __ tion to Ccntractor, ano:1
on or before ~rl~ DaHl of E)(ecutiOn, Contra..::tof st1al~ tu~n'lsh the BOllds as rcC]uired under the
Notice InlolitinQ Formal 81ds to the ~rojECt Manager
11. Representations;rru,i Warr.;m1i~.~ In the suppl\! of 3ny materials allj equipment and the
rendering of 1.2'~Jor and services dur'lnC ~he course and s.cope oi troe PfoJe~t and Work,
Contr~( rflpres(;nts and warrants'
I. Af1!11 materials 2nd equipment ..... hich shan b~ used dur;ng tMe course and scope of the
Pfoject a:1d Worle. s~ail bE-vested in Conttar.tof;
b. Any materials and equipment ~""hich !hajl be used curine the course and scope of the
Project and Work 51"10111 be merchantable and fit to be IJsed t'Jr the particular purpcse
for which tMe mateda's are required;
Any labor and services rendered and m.ateriars and eQu,pment us.ed Oi emplo','ed <hiring
the course and $Cope of the Projecf and W,:,rk s~all be free of defects in wor"-manshi,,
for a period 0' one OJ year a'ter the recordaiion of the Notice of Substantial
Com,oletio~. or, if"o such "otit;:e 's reQuired to be f.lE'd. on the dat .. that f~;"lal pa'/me11t
is. made Mereunder;
d. Any manufacturer's warranty obtained b't' Contractor shafl be obt<lifled or sha!1 be
dM!med ~btllined by Contractor (or and on hp.ha~f of City
e Any-information submitted by Contractor prior to t"e award:Jf Contract, or thereafter,
upon request. whether ::;r not suomrned under a contin:Jino obfication by the terms of
the Contract to do so, is true and correct at ttle-tl'ile sucl"1 jn'ormation is submined or
milde a ... aiiable to the City;
f. Contractor has not colluded. ccnspired, or agreed, direCTly or lndirecth', with any
per5ton in regard to the terms and cond'lUons I,)f Con:racto(s Bid, except as may be
pennmed by tMe Notice InvitrnQ Formal Bids;
g. Comractor has the pOwer and author;",.. 10 enter ;r:to thiS Contract with Cj{y, that Ihe
individual executing this Contrar;r IS dull' aUlhorized to do so by appropriate resolution,
and that this Contract shall be e)(ecuted, delrllerec aM performed pursuant to the
;)OWer and al1tt10rity conferred upor; the oerscn or perSOllS authorized TO bind
Contractor;
Contraclor has not made an attempt 10 9:)(en UndUE; lf1f!u~nce · ..... rth t",e PurchasjnQ
Manager or Project ManagBr or any other per~"n who has {jlrecrly contributed to City's
decision to award the contract to Convacwr;
i. There are no unresolved daims or diso'J:es bet'.';ep.r. ConuaCtQr and Cit\! which would
materially affect Contracto(·s ability to ;::Jt!rform Linder the Cor1tract,
j. Contractor has furnished and 'Nill turnlsn Hue and accur,a.te statements, recurdS.
reports, resorutions. certrficat;ons. and ortler ,'. rl!t€n mfcrmatiol1 as !T'C!!II be requested
of Contractor b,' Citv rrom t,rr1i:! to !frr,c dur;ng the :erlYl of this C,intract;
Contractor and an.,.' person performing J.'lbor and s,efl;lces under thiS Project is d~ly
licensed as a contractor witti the SlBre of Ca,lfom,a Cl" req",red bv Calrfornia BU5oifl€s::;
.& PmfessrDns Code Section 702B, as amen.dd, ,ind
L Contr<tCTor :-'as fuily e~arTIim:d and Ir1Spt"clf,d lhe-F-'rClj\:ct 5011<: and has full krlol,.ledlle
of the ph\'si.:al condloons of the. Prop:ct ,s,t",
c,ty 01 ""'0 ,,~O CONTlt.l..CT 11/911
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Q CONTRACT ICCnlinUE'di o
12. Assignment. This Contract and the ;:Jeriormance rE-=l,med hereunder 'IS personaJ '0 Contractor,
end it ... .,an not be .s.signed by CentraClor, Any attE'mpled iq;SI~rment shall b€ null al'1d void,
13. .c.!fl.ml...Qf Connactqr. All ~;aims pe~ta:injng to e)(H3 'Nori(, dddl\lor1al charijes, or delays ..... ithin
the Comraet Time Q( other disPl.!tES ar'ls'InQ O~..J\ of the Cont<act shall be submitted by
CCY.'I(tlctor to Cit.,. in wlitillg by cenified or re~jstered molil wlthii, ren (101 Days af~er the claim
aro" or withir. such other lime as may be peIn':lT!ed Cl' requirecJ by iaw. and shan be described
in sufficient d~taii to oille ad<JQu3tt: r;QIice of Ihe .s.ubstanCI! of ,he claim to Clty,
14. Audits by City, During the term of this CODuact ~nd fDr a pe(i0~ o~ ON ress than Ih~ee (31
years after me IPxpiranon or &01rlier term~n;l1;on of Hli(; Cont'act. crty shall hit ... " tnE ri"hl to
audit: CMtrictor's Project-relaled and Work-rB~ared 'Imtlr'1gs; and Du51rleSS recorjs, .. s such
terms are defined in California Ev~denca Code Sections 2:'0 a~d 1271, as amended, during the
regular business hours of Contractor, or, rf Contra,:tor has no SIJC~ hours, dur~nQ the reguiar
business "'ours of City_
, 5. ~. An agree."entS, appointments, approvals, authonzalio..,s, c:la:ms, demands, C"'ange
Orders, conseonts. designations, notices, off€rs, reQueSTS and Sl3tements g; ... en by either party
to the o;her shall be in writing and shall be su'f"lcientl'!" g·llIen and SEirved upon ;ht? other partY
if 0 I persona II,' served, f21 sent b,,· the Unite~ States rrlail, poslage.prepaid, ~31 sent by private
express dl!llivery service, or (4) in the case of a facsimire trsns'i1lssion, if sent !o the lerephone
FAX number.set forth below durinQ regular cus~ness hours of Ihe re-;e\ving party and followed
w·r1:tlin two (2) Days b)I d.elillery of a hard cop.., of ~he material sent by facsimile traflsmis.5ion,
in accordance witn {ll, (2) or (3i ahove Personal serYjce shari Include, without r:miration,
service bv de!ivery and service by facsfmile tJilr:sm'SSIOr"1
To City:
Copy to:
To Contractor:
City of Palo Alto· CONTRACT j1i92J
City of Palo A!to
City Clerk
250 Hamilton AV8ilue
P.O. Box 10250
Palo Arto, CA 94303
City ot Palo Alto
Department at Pubhc Work.s
250 Hamilton. A venue
P.O. Box 10250
Paro Alto, CA 94303
1415) 3292693
FAX: 1415i 329·2299
ATTN: Jlm Harrington, Project Manaper
Man Wah C.9..Q..~JrUctiOfl COmllQJ1Y.i ",In"c",,-. _____ .
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CONTMCT ~Con'inL;edl
16. A[,praariet;on of Crty Funds.. T~'ls c.ontract is Subject to the f!scal proviSions of Allicle iii,
5&=1i0l1,2 of the Charter o(the CitY of PalQ .A.irc Any chaiges hereunder for labor, seno/ices.
materials and eCluipmeN may 3ccru~ onJ'y after sUl.:h expenditures h<we beef1 3Ppro\lfJd in
advance in wfit~nQ il"1 accordance with applicilbie Low:; Th,s COf1tr~ct shair terminate without
penalty (j) ;it the end of any fiscal year in tl1e eVent that tunds are no! appropriated tcr the
following fiscal year. or jiil at an,;' time 'Nlthin a fiscal ,,'ear ~n the e.'ent that funds are cmly
appropfiat&d tor .. portion of the fiscal ye<lr anJ fLJnds for thiS (omract are no longer aVCiilable
This Sl!ction 15 sha,1! control in tl"1e event of a COr1f'.ict '.vitr. any oHler P~O\lIS'IOI'1 of this
Contract.
17. MiscenaMQ.!,l!,
a. Sliilee Disclaimcr. The ~arties under~tand and agree thelt C~ty does I"1ot purport to be
Contractor's bailee, and City is, lherefore, not respOl'1sible tor any dam1l\;le to the
perSDi1<l i propertY of Contf'<tCtor
b. Consent. Wh;:-nfJver in this Contract Itle appcO'.'ai or consel"1t of a party's r&Quir&d,
such approval or consent shall b.:! in writing and shall be exeCi,..t.ed by a person ~aving
the express authority to \;lrant such approval o~ conserl1.
c. Connolling Law. T~e parties agree lh ... t t'1is Contract shan be gO\Jemed and construed
by antJ in accordance with the laws of t~e State of Carifornia.
d. Definitions. The definitions and terms set fDrth i:-; Se(:'tio,l 1 of the Standard' DrawFrlQ's
and Specifications (1972) of this Contract are 1r1(;OrlJorated herein by referenCf!.
e. Force Majeure. N~ither pert I' shall be deemed to be "r1 default on account of any delay
or failure to perfor,T1 its obljgations under th,s CorWilet which directl)' resuUs from an
Act of God or an act 0' a superior governmental ,hHt"1orlt·,
f. Headings. The parc1~raph headings a{e not a part Of this COn!(act and sha1j ~ave no
effect upon the CQnstrUC1l0n or lr.terpretation of 311'r' pan ot thIS Contract.
~. IncorJ)oration of Documents. A" documents C0'1S1Itut'lng tfle Contract docump.nts
described in Section 3 hereof and all documents w~lich may, from time: to time. ~
referred to if'! any duly elCecuted amendmem heretc, arc b', such refc-rer.Ct! incorporated
in lhis Contract and shall be deemed tli be part of ::his Contract.
h. lntegrCltiorl. This Contract and anI' amef)dm€ms t,ere:c' bet'N€el1 t~le parties 'Constitute
the entire agreemel'11 betwee., the pa:tles CC1nc8ri"ling ,he Froject and IJVork, and thele
~re no other prior oral or wrjtten agree;-r,enrs bt-tll\'een the part'les that ~re n.1t
incorporated in this Contract
i. Modmcation of AQreement T!1is Comr .. ct shari nGl be modifted or be t.mding upon lMe
panies. unless such mod,flcdtlon IS agreed 10 In writing ar1d sigrled by rt,e parties
j. Provision, Any agreemel"1t, CO'ller.ant, condition, clause. qU2'rification, restriction_
reservlnFon, term or other stipulation in the CO'ltra;:.t snail ·j€flne or ott1erwise contfol,
establist1, or Ilmit the performance requi,ed or jJE-'m,ned or to be required of or
permitted by either party Alf prc""ISIOrlS, It.,r,8th:;r C'(1I,E!'iants Of CQnd,tions, shall be
deemed to be both covenarns and condir;orls
Ie Resolution. Contractor shall submit V .... lti"'. 11S 81d C1 ,~oP'r' of an~' COljJoliHe oi panners~,p
rssolution or other writing, which au!ho:I;:'€"s a.'l\, Ij,ro:-cWr, officer or othar amployee or
partner to act for Qf on behalf of Contractor ':,r ".'"1,::1"'0, .,u!hori:2es. C(of1tracmr 1D enter
into this Conu.:tct.
CIIV of Paio Allo: CONTRACT (1.192)
~. \,;;;) CONTRACT \COrll~nut!dl o
!. $eV"trabili!y. If 11 CQurt of competent jUflsdiclion finds or rujes thai any provision ofthjs
Contra<:t is void or unenforceabie, Ihe p(O'J~!oior.s ot lhis Contrael not so aflected shall
rem.;i n if'! futJ forte and eff~~
m. Status of Contrar.tor In the exercise of riQhts and obliQations under this Comrae1.
Ccn<:ractor acts as an i.ndependen: contractor and not as an agent c{ employee at City.
Contractor shall nOl be entitled to any {ll'lhts ar>d benefits ilccorded or accruing to the
City CQunc~ members, officers Df ernp:o .... ees Qt City, and CQntfacl0( el'.pressiy w~i ... es
,;ny and all claims to such ~Ights a'1d benefirs
n. Successors and Assig~s. The provisions of ,hiS ContracT shari Inure to the ben~f1t of,
and shall apply to and bind, the successors and assrgns of lhe parties
o. Time of the Essence. Time is of the essence of tho,S Ci:mt,ac( and each of its
provisions. In the carcularicr1 of lirr-,e hereunder. the time ir; whict1 an act is to be
performeod shall be compmed by excluding the first Day Md' mcluding lhe last. If the
time in which an ilct is to be p~rformed falls en a Sawfd .. y. Sunday. or el1\1 Dav
observed as a IItgal holid.ay by CitY. the time for perfDrmance stlalJ be elctended to the
follOwing Bu~jness. Da II.
p. Venue. in t"e event that SUit is brouQht by ein'ler pan~' :-,ereunder the parti~s a~r&e
that t~jal of such action snail be .... ested exciusi~'el'r' in the stare COUrtS of Cahfornia: in
the CountY 0' Santa Clara in the City of San Jose or in 1h'!:! United Stales District Court
for the Northern District of Califorma in the City of San Jose.
IN WHNESS \NHEREOF. th!! parties have eJ::eculed this Contract or, the date first abo'ole stated
in Palo Alto, CaI~f(J:-ni •.
CITY OF PALO ALTO. CALIFORWA
By· ______________ _
CIty Cle'" MCivor
APPROVE Dc CONTRACTOR
8y
City Manager
Name
Director 0' Pvb lie Worlo'.s
TaICpa'r'er 1.0. No
Risk Manager
APPROVED AS TO FORM:
-------------. .t.,ssislant City Anomey