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February 25, 1993
THE HO~ORABLE ClTY COv~CIL
Palo Alto, California
App-roval of a Contract Wj.th S. D. Me?ers..L.... ___ ...!.nQ. for RemovaL
Transportation. and DiSDosal Servic£s for _PC~_ Transformer Oil and
Equipment
Members of the council:
Report in Brief
This :report recommends that council 8'W'ard a one-year contract, 'With
options for two additional years, subject to availability of funds,
to S. O. Meyers, Inc~ in an ~mount not to exceed $32,000 per year
to provide for removal, t~2~sportation, and disposal services for
polychlorinated biphenyl (?CB) contaminated electrical distrib';Jtion
squipment and oil generated by the City's Electric utility. Funds
have be.en budgeted in the FY 1992-93 Operating budget of the
Electric Fund's Operations Division. The Public Works Operations
Division is charged with the responsibility fo"!' management of
hazardous wastes qeneratad by the city. Therefore, Public Works is
administering this project rather ~han the utilities Department.
BackgrQ\LJ19.
PCB-c~ntaminated transformers, s~itches, and oil gen~rated by the
Ci ty must be reIlloved, transpo't'ted and disposed of in accordance
'With state and federal regulations. These hazardous 'Wastes are
generated due to equipQent failure~ routine equipment replacement.
and re.moval of overhead electrical equipment during underground
conversions. As equipment is removed from service, samples are
taken and analyzed to determine if they are regulated and,
therefore. would need to be managed as hazardous 'Wastes.
A request for bids ~as issued to nine hazardous ~as~e management
firms, and four responded. The bid~ ~~re revie~ed by staff from
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the public Works operation:.; Division to determine the lo.est
r~spo.!1sible bidde.r. The reviellri incl\..ided evaluoting costs presented
in the bids and performing background checks for regulat-cry
records., reierc;'lces and expl?:rience. Cost evalu;:;,tions inr..luded
comparing the City' 5 generation rat~ cf electric equip'np..nt duritlq
FY 90-91 and FY 91-9? to the prices bid by eacb firm. The largest
cost component of this evaluation was the weight of equipment and
oil that are to be managed unde.r this contract. Based on th.ls
evaluation, S. D. Jtl!eyers, Inc. was determined to be the lowest
responsible bidder.
The contract provides fo~ the removal, transportation and disposal
of PCB-ce:.ntaminated e.quipment and oil on an as-needed basis.
Wastes manaqed under the contract will r .... disposed of through
Environmental Protection Agency permit+~d fa~ilities, where PCB's
are destroyed through incineration p,ocesses and all metals 8T.e
reCOY2l'"ed for recycling, thereby minimizing the City's long-term
environmental liability (!II,S the generator of these ha2ardous 'Wastes.
Because the contract is based on work to be perfor~ed and the
volume of materials to be managed as PCB contaminated, it is
impossible to pr-ed ict exact casts. Addi tionally, beC8iJSe the
qeneration rate of this waste is based on factor-s such as failUre
rates of equipment and the lack of information on PCB content of
equipment in service I the exact quantity of waste to be manaqed
under this contract is not predictable. Should unforeseen
circumstances result in generation rates: exceedil1g the budgeted
amount, staff will return to Council for additional authority.
The award of the attached contract is min~sterial and, therefore.
exempt ~rom the California Environmental Quality Act because the
city is required to comply with the state and federal regulations
for the proper removal. transportation and disposal of its
hazardous waste, and no discretion is involved.
Recommendations
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the attached vne
year contract. with options for two additional years with S.
CMR:177:93
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D. "Ieyers, Inc. in an amount not to exceed $32,000 in t:he
first year for removal, transportation and disposal services
for toe PCB transformer oi.l and ~quipment management project.
2, Authorize the City Manager or her desit;nee to exercise the
options for the second and third years ,lIith their discretion,
and execute any other documents necessary to implement
the 3econd and third years of the contract.
Respectfully submitted,
"ltJ;k ~*--
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HIlC:E MrLL~
Deputy Director, Operations Division
(.., 1
J",_y,-,
GEORGE
Acting Director of Public Works
~u,2tLw~ ~\ FLEl(ING
City Manager
Attachl\'ler.ts:
CKR;177:9)
Bid Sunt."nary
Contract Pages
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PART II -f( -'.'AL CONTRACT SECTION 00500
c" "RAeT
Thk5 Contract dated _____ , is sn~ered iilto hy and berween the City of ?a.to
Alto, iii mUrJicipOiI corporation of t~e St"tl: of Carifo~nia i"City"f, and 2..:........Q .... ___ j~ve!'s ,_.l.IDn~c;..... ___ _
a . rCormactor~', whos~
Ta)(J)ayer Identification Number is_
For and in com~ideratiQn of t.'>e following covenants, terms .and conditions, City and Contractor ,"the
parbes·j agree:
1. Term. This Contract shal'! ccrnmenCti Dr., and tle bindlng on the pa:1ias on, tile Date of Execution of
this Contract. and shari expire 011 the date cf recordation of ~he Notice of Substantial Compietion. or,
rr flO .such notice is required to be filed, on the datoa that finar !')eyment is r.1ade hereunder, subject to
the earlier termination 01 this Contract,
2. Generaf ScpPfl Of Profcct and Work;. Contra(;t~H shall !'urnish tabor, services. ma.er;als and ec;ulpmenl
in connection with the cons.truction 0: the Project and cornpl~te the Work in accordance with tl'1e cove
nants, tErms and conditions of this Contract to tl'1e satisfaction of Cit-f. The Project <,nd Work IS
gel"l9rany described as fotJ"w~~
Base Bid: $ Not to exceed 832,000
3. Contract Oocumants, This Contritct shan consist of the documents set forth belOW, whicl'1 are on file
with L"'e City Clerk and 3re hereby incDlPC'rated by reference. Fer th~ purposes of cOl'lsuuing,
in:tE"rpteting and resof\.ling incDnslster:cies between the provisions of this Contract, these d'OC'Jmer-.1s
and the provis:ions thereof a~e set fort!'1 in tha forlowing descendinQ order of pr~cedence.
a, This Contract.
t. Nvtice Invi~ing Fermat 6~d5.
c. Pr-oject Specifications,
d Drawings,
e. Chan w8 Orders.
f. Bid.
Q:. Supplementary Conditions.
h. Generaf Condltion.s.
i. Standard Drawings and Specifications n 992).
j. Cortific..,1e af fnsuranct!, Performa.nce Bond. Labor & Materiats Bond.
k.. Affirmativa Action Guidf.!tines and C<>mpliance Repol"t,
I. Ov,er Specifications, or pi:1rt thereof, not eXjJ{es~ly incorporated in the C~)I;tract Specific,Ufcns
(lr the S13ndard Dra ..... ings and Specifica'ion.ii (1992).
m. Any other dccurnent nCot expressly mentioned herein whi(;h is issued by City or entered imo by
~e. parties.
CITY of PALO ALTO; Forn-..al Ccntr;;ct iSample wfHAZr"IAT) \10/92J SECTION 00500-1 of 7
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PART II • FORMAL CONTRACT SeCTiON 00500
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Ccmpf!rlsation. In cOr1sideratJo'1 of C{l!1!ractor's performance-Cif it) obligations hereunde,-, City sha~f
pay to Contr.o.c:cr the a;ihJl..:f!t set fort:' in ContraCtor'1i Bid in accordance with the ,P(ovisicns of this
Cormact and upon t~e receipt of wdnen invoices al'1d an Mcessary 5uPPo:'ling document:,tron within
thp.! time set forth in the Contract Specificatio1"ls and the StandArd DrC!w[r,~s and Spedfic3ticns \ 1992"
Of, if no time is stat~o', wi~hir"l t~irty (30) Days of the date 0' rece[pt of Cor.tractor's ir;voictl5.
lnsurar,.;:,;:. On or b-:.fore the Date of E)(ec· ... tion, Contractor shari nb!;;in ana' msintain ti',e poric~es of
inSurance coverage described in the Notice Inviti"Q Forma! B.(js on terms arld condition:; and in
amounts as may b .. req;uired by ttle Risk ManaQer, CIty snail not be obligated to take out insurar,ce
00 Contractor's. pauio;'lai propert)/ or the ~ers()n .. i ~ropefty of any pcrson performing labor or $ervic€~
or suppJyinr; materia's or I?quipment undoer the Project. Can::r;actor shalJ furnish Cltv wjttl 1he
certifica1es of insurance and with oriQlnal endorsements affectirl~ coverage required under this Contract
(Y.l Cir befora th. Data 01 Execvtion. Tnt> certlfie-ates and {';1dnr,s;ements for each insurance poricy shall
be signed by .a persor; wMo tS authori7.sd by that insurer to bind coverage in its behalf. Proof of
insurance shan be mailed to the Project Manager to the address set forth [n Section 15 of this
Contract.
fndemnlfication. Cf;H,tract;Jr SlQrees to protect. defend, indemnjfy ~nd hold City, its City Ccundl
members, offICers, and employees harmless from and against any and an cfa;ms, dem<inds, fiabil,ties,
10&5""s, damages, costs. expensas, liens, pen aWes, suits, 'O( jud~ments, arising in \f:hole or in part,
directly or indirectly, at any time from any inju!)' to or death of pe~SCfns or damage to prop8rty as a
result of the wiliful or negTiQent a::;t or omission of Contractc-r, or which ~esults from Contractof'S
noncompr,ance with any Law rtlsptlcting the cond"ltion, I..ISi:=, occupatior. o~ saJety of the Project site,
0( .any part thereof, or ... ·,tlich arises from Contractor's faihJre to do anything required under tt-,is
Contrilt:t or for doinQ anytllinQ which ContraClor is required not to do under this Contract. or WhfCh
arises from conduct for which .loy law imposes stJ'ict liabilit'!· or: Contr .. cro( in t~e periorma/1ce of Of
failure 10 perform the terms and conditions of this Contract, except as may arise from the saTe willful
or n8<iilfigent;Jet or omission of City or any of its Oty CJuncil members, office", or emplDyees. Thi$
indemnification shall extend to any and all daims, demands, or tiens made or filed by reason of any
worit performed by Contractor under this Ccntr;ct ot an,.. time durir1Q the term of this Contract, or
ariSing thereafter.
Comra:tOf further express:v agrees to protect. indcm:'1ify, t"1ord tlarmress and defend Cir\". its CI,t'!
COlJnc:1 members, officers and empioyee;; fro:n and agair:st any and con ciaims, d-emallds, !iabiiJties,
losses, damaljes, costs, expenses, ~i~ns, pe~ .. lties, S\J:iS, or juoQmer,ts CII'Y may in.:ur, arisin!;l in whole
or in part in ccmnection with Qf as a re'l:,ljlt of Contrac1::Jr's acts Q;' omissions under this Cor-tract. unoer
the Comprehensive Environmental Response, C-ompensation and liability Act {42 U,S.C .• § 1960'~75.
as amended); the Resource Consei\lation and Reco\lel)/ Act (42 U.S.C., 4 §690'~S2, as Clmendec:fl; the
Carpent8r~Pres!ey~Tanner Hazardous Substance Account Act (Health & Saf. Code. 11253QO·25395,
as amer.ciedJ the Hazardous Waste Control Act iHealttl &. Saf. Code, H.25'1OC-25250.24, as
amended); the Siife Drinkinll Water and Toxies EnforcemEnt Ac!. (Health &. Saf. Code, t§25249 5~
25249,13, as amended); the Underground STOraoe of Hazardous S<.Jb5tances Act (Health & Saf, Code,
§ l25280-9's,6, as amendedl; the Hazardous Substance Account Acr (Health &. Saf. Code. 1425300·
95, as amended]; ttle Toxic Substances Comrcl Act n5 U.S C .• U2601·71. as amended); O( any
ottler ~ocaf, state or federal ordinance, statute or common law,
CITY of PALO ALTO: Formar Contract (Som~re wiHA2MAT) 00.,'921 SECTION D0500·2 of 7
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PART II· FORMAL CONTRACT SECTION 00500
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~mm}on of flis!!" Contractor aQrees to voiuntarlry assume any and oil r~sk of loss, damage, or if"ljut)l
to the p.operty of CQntractcr which may occur In. on, or about tr.e Project site at any time and in Jily
mann"!', .xceptll1g such loss, tnjury" Of damaae a3. ma.., be caused b~ the sole wilUul or negftlJent itt
or omission of City 0, sny of its City Council members., officers, or empl:)yees.
W;Jio,rsr. The a;:cop~ance ~f any jJaymef1t or ~erfOfmance, or ,mi' ,I:lart tnl3":eof, shall not operate as I
wail.ler by Citv of its. ri~hts ur...jer this Caf1.tracL A waiver b,,. City of an.,. breach. af any part or
proviSion of this Contr,u;t bV Ccnlractc; snaIl not operat-e as JI y,rai",er .or c:ontinuintJ wai..,er of any
SubseQuEm breClr.h or the same cr any otner prvvision, ncr sh .. 11 any custom or practice which may
arise betwlMn the partie.5 in ti"e administratIon of an'.,. pan:.or provision of -:..,i5 Contra"::f be constHJ~d
to waivQ Qr tQ lessen t:"e ri~ht ot Cit',' to insist upon. tlte perfQrman.c~ o~ Conti3C\Or in str;ct c'J!"I",pli:.tt',ce
with me ccven.anu. terms and conditions of tl"1is Contract.
~ct with laws, Contractor sh .. 11 comp!y w~th all Laws r,ow i~ force or whicr, may hereiilfter
bill i~ ferce pe.n.ainln~ to the Project and Work and &.:s Contract ...... it:h the re~uirement of any bond o.r
fira underwrFters or other simi1'ar body now or hereafter co.nstituted". with any discretior1ar.,-license or
permit issued pl.lrsu<Jflt to an)! Law of any publi,,;: agency or o.ff.ciai as well as with any provision (if all
fecorded dC\Cuments afiectir.g the Project site, inSQfar as any afe requ:red by reason of the use or
occupanc't' of th.e Project ~it8, and with all Laws perts:nin!J to. non.diSC'imination and affirmative action
in emplovmeru and" hazardous materials.
~. As ~ condition pre-;edent to City's obHgatiJ:ln to pay compensation to Contractor, and {If'l or
befo.e the Date ot Execution. Contractor shall furnis.h to the Project Manager the Bonds as required
unde-r the Notice Inviting Formal Bids.
RepresentjUig"s .iro.d Wam'Mtres, in the supply of any materials sr'ld equipment and the rendering cf
labor and services du:rin~ tholii COu.lse and SCQ!l~ of the P:clect and' Work.. CQntractor represents and
warrants.:
iI. Any 1T!2teriais and equipment which shall be used during the course and scope of the Project
and Work shall be ..... ested in Contractor;
b. Any materials anoj equipment which sl:all be used durinQ the course ana scope of t:'e Project
and Wori<. shall be merchantable and fit to be used for the particular purpose for which the
materia~5 are required;
c. An.., labor and services rendered cmd rnateri .. ts and equipment used or employed during the
course and scope of the Project and \ ...... ork sha~1 be tree of defects in workmanship for a perfod
of one {11 ysar after the recordation Of the r...ottce of SUbstantial Completicf1. or. if no Sl.Ictl
notice is rf"Quire,j to be filed, on the date tt1at final payment is made hereunder;
d. An't' manufacturer', warranty obtained by Contractor shall be obtained or Shdll be dearlled
obta:ned by Contractor for and in behalf of Cl~
e, Any information submitted by Contr"ctor prlN to tne award of Contract, or thereafter, upon
reQut!st. wlil;!ther or not s-.lOmined LJnder a continuing< obrigatio.n by the terms of tt1e Contract
to do so, is true and CQrrEct:lt the time sur::.h Illfo<"ma!Jon ~s 5~brnitted Or made csai1able t~ the
City;
CrTY of PALO ALTO: Fonnel Contrac.t [Sui1ple w/H.A.ZMATI (10:921 SfCll0N 00500·3 of 7
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PART II • FORMAL CONTRACT SECTION 00500
,. Comrar:tor has. not colluded, conspired, or agreed, dh~ct!)' or indirectly, II'lith any perSOn in
r~ard to -:.he terrn.s arid conditions of Contracto,'s 8id, .:-::o.cept as may be permitted by the
No!r-. Invitin., Formil Bids;
g Contractor t,as tnt! power and 3uthorit',l to er1~er into this Cont,-act with City, that th~ indi,.idual
eXilcuting this Contract is dul". author:zed !o do so by appropriate reso~ution. and ttl3t this
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C~nuact shall be ex.acuted, denvered and performed pursuant to the power and au:.~orir-,.
conferred upon the j:lersan or persons Guthor~z&d to bind Contractor;
Contractor has not made an att-ampt to exeft u;1due influence with the Furcha.sir.~ Man2'~er Of
Project Manager or any .other pEirson who h~s directly contributed to City's decision to award
U16 contract to Contractor;
Thellt ire no unresorved claims or dlsPlites between Contractor and City which would
materiaMy affec1 Com:ractcr's ability t'=.l perfo~m under tl1s Contract;
Contractor has f1Jm~s~ed and wtil furnish true ar1d accurate statements, records, reports,
resofutiof)s, certifications, and other written information as may be requested of Cem-tractor by
City from time to time dwrin~ the term of this Contract;
Contractor and Ciny person performinQ' labor and services under this Projecl is duly liCE::nsed as
a contractor with the State cf Caljfornia as required by CaJrtornia Business &. Profes.s;ions Code
Section 7028, as amended; an1
ContractOt has fully ex.mif'ed a'1d inspected the Praject site and has full knowledge of the
physical condftiOl1s of the Project site.
t2. Assignment. This Contract and the per.ofmaru;::Et required hereunder is personal 10 Contractor, and it
:shall not be ass/lined bV ContractO<'. Any attempted assignment shall be null and void'.
, 3. Clai~ns Qf COntractGL All cfaims pertaininlj to e)(tra work • .additional cMCirges, Qr delays witl"1in the
Contract Time Of other disputes arising cut.:;f the Cor:;tract shail be submitted bv Contractor to City
in wrltinQ by c-ef""Jfied or reoist~red mail within ten (1 Oi Daj's CihBr the claim arose or withi!"'l such other
timE-as may be perm;tti:d or reqUired b'f );aw, and Sh2fl b," desc~ibed Ln sufficient c'etaiJ 10 Q;Vf adequate
nOl;ce of me substance CoIf the daJr:o to City
'4. Audits by City, Durin~ the term of this Cc-ntraci and for a period o~ not Tess than ttiree \3) year::; after
the expiration. or earr1er termjnat~on of this Contract, City s~all have the riQht te audit Contractor's
Project-refated and Work-related wrhirl9S and bu,sin!;$S rso::ords, as such terms are defined in Caiifornia
Evidence Cede Sections 250 ar"ld 1271, as amended, dur~no the regular busineMi hours of c.ontractor,
or. it Contractor nas no such hours, durinQ the re~ulor business hours of CITy.
15. ~. All agreement ... , appointmen.ts, approvals, au'thorizat~ons, claims, demands, Ch:;ln\;je Ord~rs,
consents, desigr1ations, notices, offers, r08r.juests alld STatements given by either part'y' to the otMer sMari
be in writinu and shan be sufficiently Qlver. and served upon the other r;larty .f t1 f psrsorlally served,
~21 sent by the United States man, p05ta~e prepaid, (3) sent by private express deiivery scr\lice, or i41
in the case of i: facsimile transmission, if sent to the te!ephor,e FAX numb<:)r set fortt1 below du.rin~
regular business hours of the receivtnQ party and fol!owed w~thin two 12.~ Days by derivery' of a hard
CiTY of PALO ALTO: Formal Con.tact [Sample wiHAlMATj 11D.'92i SECTION 00500·4 01 7
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PART II -FORMAL CONTRACT SECTION 00500
copy oi the material sent by f'CS:~M:!& transmission, in aCCvrdance with (1 r. j2: or (.3) abo..,e. PerSOi"ldl
.a:9rvic& shan inctude, without limitation, service by den .... ery and service by facsimile tr<;:nsmission.
To Cit';;
Copy to;
To Contractor:
Crty of Palo Alto
City Clerk
250 Hamiltor. Avenue
F.O. Bo. 10250
Palo Alto, CA 94303
City of Palo Alto
Department of ________ _
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 9~303
14151329-.--:::= ___ _
FAX: 14151 329-______ .
ATTN: Project Manager for Project
1_) ____________ _
FAX, 1_1 ________ _
ATTN:
, 6. Apprcgria!rpn 9f City Funds, Th~s Contract ts subject to the fiscal provisic:;ns of ArUcle Ill. Section 12
01 tt1e Charter of the City of Palo Arto. Any charQ!'!s hereunder for labor, services, materials and
~quipm8nl may accrue only after such expenditures have bee" appro~'ed in advan<:e in writin~ in
accordance with appiicable laws. This COr'ltract shall terminate without penalty Iii at the end of any
fiscaf year in the evtlnt that funds are not apPfopriiilted '-or the followin\; fiscal year, or (iij at any time
wjthin iii f~al year in the even! that funds are only appropriated for iii portion of the fiscal year and
funds tonhis Contract are no lor.!;;ler a .... ailable. This Section 16 shall connol in the ever,t of a conflict
with any other pruvision ~f this Contract.
CITY of PALO ALTO: Fcrmai Contract ~s"':1Ipre wtrlA2:MATI [10;92) SECT!QN 00500-5 of 7
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PART II • FORMAL CONTRACT SEcnON 00500
a. Batl.ee Olsdalmer. T!'\e parties 1JOderstil1.d and agree that CiW does not purpOrt to be
Contractor's bailee. and CitY is, ttlerefOre, not responsible for any damage to the personal
prooerty of Contractor
b, C.onseM. I,Vhanever ~ L~.iS. Contract the ;pprolfa! or conse,,{ of a party is ~eq,l..iired, such
approva' or consen~ s"-all be in wriung 8rld shan be ~xecuted by a person rlavino the express
authodty to grant such apprcvai or consent.
c. Cantrotting Law. Th.e parties a~ree that this Ccrwact shan be Qovp.rne(t and eonStrued bV and
in accordance with the Laws of t .... e Stats 0' Ca:ifornla,
d. Definitions. The definlt~ons and' terms set forth in Section 1 of th.g Standard (H(!winCS and
Specifications (1992] of this Contract are incorporated ,",e-e[n. bl{ referScnce,
8. F:lrce Majelor!. rJeither par;y :thail be deemed to be in default en account of any delay or
failure to 'perform ftS obng~ucns under ttl is Contract ...... hict1 directly results from an Act of God
or an act of a sUP-eclor governmental il.ith~((tlf.
f. Haao'ings. The para!ilr<1'ph headinQ's are not a part of this Co'.Ir.ct and ShOlrl !-.;;va :;0 effect
upon the construction or interpretat:on of .ny part of this Conn act.
g. :ncorporation of Documents. An documents constituting the Contract documents described
in Section 3 hereof and all documents which m.,v, from time to time, be rt:ierred to in any duly
8lCecuted amendment hanlto ilf,!, by such reference incorporated in thiS Contract and shan be
deemed to' be part of this Cl)(ltract.
h. rnteoration. Ttlis Contract and any' amendments hereto betw\!en the partie$ constitute the
entire agrHment betweer. the parties concerning the Project and Work, and therE" arE" na otMr
prior oral or written 8 Qreements between the parties that are ;,ot i.nCQ~po,ated In this Contract.
i. Modif;catiof'l of A~reement, This Cc~tract shall nat be modified or be blr'loin\l upon !.I;e partieS,
unless such modification is agreed to in wrjtinc and siQned by the parties.
j. Pro .... ision. Any &Qreement. covenant, ccndjtiorl, c!auSE, Quarification. restrictlor" reservation,
term or 'Clttler slipulatkm in the Contract sh<::J! define or otherwise contral, estabtish, or limit VlI3
p~rformance required or p,;-rmitr:ed or to be reQ'Jired 'Of or permined b'" either party. Air
provisIons. whether cOllo!$nant.s. or conditions, s.ha.1l be d€E'-med to be bo~h cOllenants a(1d
conditions.
k. Resolution. Contractor shall submit with its 8~d a cop)' of any corporate or pannerstlfp
r~s<J!ution or ather writing. which authoriz.es any dir'dctor. officer or other emplovee or partner
to act for or in behatf of Contractor or It,.,h;ch authoriZES Conrracto( to enter into tJ1is CCfltract.
I. Se .... er.bility. If a ('curt of competent Jurisdiction fillds or rules tt'1at any proviSion ~f thiS
Contrac.t [s void or unentorce.cbte, th~ pcollisions of this Contract not so afte<."ted s.halt rem<J.in
in f;;n force and effect.
CITY of PAlO ALTO~ For..r.al C00tJac::t {Sam~le wlHAZMA.TJ 110':92) SEcnON 0\")500·6 01 7
•
I ,
" iliZ",SJt
PART II -FORMAL CONTRACT
\
SEC110N 00500
m. StaNS 01 Contractor. In the e)lerclso:' o~ ri~hts and obli~:l:tions ,-,nder this Co;,tract, Contractor
aru as 811 independl!(lt contractor iwd nat as an agent or sr;-,pi')vee of City. Contractor shari
not be eotrtied to any rights and benefits accorded or ac<:ruin~ .0 the Cit)! Cou.,cil mem~e!s,
offiCilrs or em~loyees of City, and Comracto( upressJy wai ... es sny and an croaim$ tc suen rights
and benefits,
n. SUCCBssors ann Assigns, The-provisions of this CQlmac! S1"I31\ inure 100 the benefi~ 01. and shan
apply to and bind, the successors arld assiQns of tJ'"Ie parties,
0, Time of the Essence, Time is of tile essence of 1his C<;H'ltract 8r>d each of jis provlsiOi1S. In
thiS ea\c\l~ation of time !;e.reunde.r. the time in which an ac~ is tQ be penorr;ted shari be
c-om~uted by excluding the 11fS1 Day and incJuding the last. If the time in v.'hicn an act i3 to
be ~rfQrmed falls 0'1. a Sat'J.rddY, Sunday, or any Day observed as a leQal hofiday bv City, the
time fur performance shall be e)..1ended to the fonowi.l!;l 6LIslness D;:IV.
p. VenuE. In the event that $ult is blCiuaht by either PiH"t", here;Jnder, tht:! parties Ilgree th,,! trial
of suc-h action sha~ be ves't2d E)(clusively b &oe statE courts of California in thft County of
Sant4.1 Clara in the City of San Jose or in the United Stales Oistrict Court for the No.'thern
District of C.alifomia in the Oty of S;:m ";OSE,
iN WITNC:SS WHEREOF, the parties h3ve e){~cuted ttli.s Contract all the da,f, first abOVE stated in Palo
Alto, California.
ATIEST: CITY OF PALO ALTO, CAUFORN1A
By: _____ _
City Clerk Mavor
APPROVED: CONTRACTOR: ___________ _
By:
Na;ll~: ___________ _
Director of F\Jb~c Works Titre'
Director of Fmance Taxpayer I.e·, t.Jo ------_.-
Risk Ma,1ager
APPROVED AS TO FORM,
Senior Assistant City Attorney
EN D OF SECTiON
GrTY of PALO ,~LTO: Forrnar Con!ract (Sample wrrlA2MATI 11,'):'92) 3ECTlOr-,; 00500·7 of