HomeMy WebLinkAbout0529.092"j
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November 25, 1992
THE HONORABLE CITY COIJNCIL
Palo Alto, California
Contract tor Pha8~ I Gas Main R~place~ent Waverley-Hamilton
HoPer-Kipling
Members of the Council:
Report in Brief
This report requests that Council award a contract in the amount of
$372,100 to S~ith Denison construction Company of Hayward,
California, for gas main replacements on Waverley street between
University AV611ue. and Embarcadero Road; Hamilton Avenue between
Wa,,-arley Street and Bryant Street: Bomer Avenue between CO'Wper
Street and Bryant Street; and on Kipling Stree-t between Homer
Avenue and Channing Avenue. In addition, staff recommends that
Council authorize th~ City Manager or his/her designge to exe~~te
one or more change orders to the contract with Smith Denison
Construction Company of Hayward, California, for additional
related, but unforeseen work. The value of these change orders
shall not exceed $37,210. Funds for this project will be taken
from the FY 1992-93 Capital Improvement program Budget for gas ~ain
replacements~
Background
The existing steel gas mains included in the project have
experience.;! an above averaqe incidence of leaks and are
increasingly difficult to cathodically protect. Remedial measures
have been taken to maintain federally mandated cathodic protection
levels on these mains r but the anode bed serving this area is
failing under existing loads and has very limited reserve current
capacity. Upgrading the existing mains and services with plastic
pipe will eliminate leaks in the area and reduce demands on the
existinq cathodic protection system, thereby extending its useful
life.
~ect Description
The proposed project will install approximately 6600 linear feet of
new plastic qas mains at the previously mentioned locations,
CMR:529:92
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Bid £Valuation
The project was sent out to competitive bid. Bids were received
fro. six pre-qualified bidders on November 24, 1992, as indicated
on the. attacb4'!d bid sum..m.ary ~ The hids ranged from. a low of
$372,100 to a high of $563,343.
Tbe lowest responsible bidder
COMpL'Y of Hayward, california.
qualified to perfo~ the work.
Enyironagntal AsseSsment
vas Smith Denison construction
Staft finds the low bidder to be
As part of the Council approval of the 1992-1997 CIP this project
received a negative declaration an no further environmental review
is necessary.
ReCOmmendation
staff recommends that Council:
1. Authorize the Mayor to execute a contract vith Smith Denison
Construction Company of Hayward, California, in the amount of
$372,100 for the Phase 1 Gas Main Replacement Project; and
2. Authorize the City H8nager or his/her designee to negotiate
and execute one or more change orders to tbe construction
contract with Smith Denison construction Company of Hayward~
California, the value of these change oroers shall not exceed
$37,210.
Respectfully sUbmitteo,
~ Ja;;.!i-~6" SCOBY"
AttaclUlents:
CIIR: 529: 92
Bid Summary
Contract
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CITY OF PALO ALTO
BID SUMMARY
PHASE I GAS MAIN REPLACEMENT
WAVERLEY-HAMILTON-HOMER-KIPLING "-af1Of.
OPNOll67«J "'_'_"._
-,--.... --.
i<~~suMMAIiYCf' IIIDS --~~TF.NGlliEER'S --SMlm DIlN1SoN --=r~S& TIBmm ) WEsTYALUlY ~~J
tr~:1~;~~ _I D~~rnrFT~ON ~=J!tJrorAL -:!~~Ai--=~~~ TmAL r!!Jror~
BASEBlD
f [~: """C!'.~.,,·,· .• o<~ •• ,::::~ ~~ ""'I::"""'·' -,'""[:::_ ....... 1' ~.r-r ''':1''''"''''1 __ :t ~_~_uoo Lt...r-~~?~A'le'~lEt·r~~~_~5l4l~, _~ ___ ~_ J~~ , __ ~.f'O ~t~~~ ~ __ -1~~-'-Q9 ____ ~~~w+-_!~~7.!~~ _}~I!''1"''_}~'OO
t,., ~.-!, -~~~~=~.~~.R·'~',~;:;.~~.;~.·~.~~·9~~~~::¥:~-~:~~~ ." ~:r.=t;.r ... l~l n ~.~l~.-~~ .. 'D~~~}~-,. _JJ:~.~\---,. ~~~jJ i---.1l-m .. ___ ~.P""" ",-.I.n~""M ~,,"" 1~"" ~~. -~"L.J~ $l"':~ '9,j)\lO... jl{I6,(IO-l.-.-!9,,,,,-~ ~-l'\lIl<!i-___ !'.oW(l)-i
'--_. ___ ~L___ _ ___ . ___ ~. ~~!t a_~_~!I_'."'.'V---,!!-~~.~ b.~ n.~_~ _,, __ l1}H .. ~~J t~.oo l:!~~~ ~_.!~~~ ~~~~~1 __ .J~S\~2'~~_~~l-~~ __ .~~~1!J
•
TOTAL $414,875.00 JJ72,IOO.oo
$31,1.10.00
$409,310,00
$37],245.00 S423,I.lQOO I)
l'I1!!! 1
10% o.'"\ig""Y
GR.AND TOTAl..
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CITY OF PALO ALTO
BID SUMMARY
PHASE [ GAS MAIN REPLACEMENT
WAVERLEY -HAMILTON-HOMER-KlPLlNG PAIil" oI~Of;}
<;IP NO -tf 3(141) Bid 0.1wt ,~U.1"
jSUMMARYOF itDS--~---~~--:UNDm',OR\'iDNO -1VUL(:AN --IlJAUAIWOlNSfl' f. ST. CO. .CONST. CO. ;lNC
trfu:tPPROX DEsCR1PTlOii--------UNiT" iT(1)\L UNIT ' TO~---TUNITITOTAC : I NO_,()l.Ii\lil1JY J~ __________ "_"_______ PRfg:~ __ ~I((g:_J_~ ______ J.PRtCE_L __ ~,.~
,------c-=-c-~BASE BID f lL ___ 4~jJ~i-r~JJ!!..e!_-~r:1i·-~Jjd~J:, -~j~.~'L~~"!'1S S66'OOj--.J~o.:i",O() -"I~,OOI-1"'j,'50,OOj -' _'1 _,_ll"'l>Ji".j"·'Xil"!Ln"'~'.:r:' .. :r""~~_'''N_'' tl~t-I"."",."","....!',\OO .12!~.oo __ ,moo __ ,_~ •. ""!",,l
',. 3 ~ ___ ~1~"_~,' ';2~~!~ l't,nu.:f'·H," ·9~,::10!:~~,-,',N:'--~r _!4&11" .J:ll=,", )"'11=, _ $6,1,00 ~'~, 1,41J,',~ro .~ _$,Ji.!.OQ __ L69t~!-'f&1 ~ __ ~ __ ~90l~!...~I'.Wl.Ul·~rl(i...-e ._~_~, ~_+-l4:ati,99'", __ H~14{}OO ~ __ sn§-,-QQ ~ ___ .J,~Q,4~O~ J'~OO ~4001
l-----.-lj~. -~-9Q_~~&(a:~ EJc~!_m J'-UII{.nJ'r~ee _____ ".~+-_~J?!J!J+_J1P19-,~ -_~~61·OQL~_S6t21~~~~1l~~ _!!.1 •. 25VLJ(I L~(.'iL~_ >-_._~,I.s __ ~1'_dl! !\!~_~I(._~_~r.!.~_ .. n~~ ~~s~_ l1l\:k~_, _ .l_$~.~,OOl.~.J?,~~$_~~~:~J~_" ____ !i."~00J~_ ;~ .. ~~.OO; ", __ J~~~6~1!J
TOTAL $4m,s1250 t4!l1,42),(1Q $:163,343.00
Pa,se 1
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PART II • FORMAL CONTRACT SECTION 00500
CONTRACT
This CGntrs~ .... dated _______ ~ j~ emert'd into by and between the Crty of Palo
Aho. I mun!clpaf corporation of the Stilte of California {"City") • and SMJTH DFNtSm; CONSTP,!.lCTION co.
_____________ --' !"Contra;;tor-:. wl'1ose --------------------~,. TilXpayer Identificatlon Number is _________ _
For ;;nd in consideration of tf)e ronowing C'o .... er.ants, terms and conditions, City and Contrac~or C'the
pardes") agree:
1, Il!:m, This Contract shall commence on. and be binding on the parties on, the Date of Execution of
this Ccntrilc:t. and shaD expire on the date of recordation of the Notice of Substantial Completion, Dr.
if no .. uc~ noli!:. is required to be filed, en the dare t'"-at final 'payment is made hereunder, subject to
the earfier termination of this Contr.a~.
2. G!lneral Scppe pf Project and Work. Contractor shan fumish labor, services, materiars and equij:Jment
in c!lnneC'tion with the constructior. of the Project ilnd complete the Work in accordance with thlit cove
nants, terrr.s and conditions of this Contract tD the satisfaction ot Crty. The Project and Work is
generan.,. desc:n"bed 8 s fonows:
r~"~ ________________________ ~N~O~,~, ____ _
Base Bid: * _______ _
Add Alternates rn anyJ· . .$
3. Contract Dgcuments. This Contract shall con.sist of the documents set forth below. whi.::h are on file
with I:t\t! City Clerk and are tleret:y incorporated by reference. For the purposes of C011>;truill~,
interpretfn~ and resorving incor.sistencies between the proviSions of this Contract. these documents
a.',c1 the Jlfovisions tr.er~f are ~et forth in the forrowin~ descending Older of precedence.
a. This ContrOlct,
b. Notice lnviting Formar Bids.
c. Contract SpeCifications,
d. Drawings.
~. Chilrlfje Orders.
I, Bid,
g. Supplementary Conditions.
h. GRneral Conditions.
i. Standard OrawinQs and Specifications 11992).
J.. Certificate of tnsuraf1ce, Performance Bond and Labor and Materials Bend.
It. Affirmative Action Guidelines and Compriance Report.
I. Othe( S,pecifica:ioris. or part Utereaf, not expressly incQfpOralsd in "the Contract Specifications
or the Standard Drawings and Sptlcj~cations 119.92).
m. ArlY other document not exprsss:y mentioned herein .... ,hich is issued.by City or entered into by
lhe j:J8rties.
CITY cf PALO ALTO: Forrnal Contra<:",: (Samplel NlF:B \10/92) SECTKlN 00500-' of 7
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PART II· FORMAL CONTRACT SECTION 00500
4. Cgmpensgtign. In consideratior, (If Contractor's performance of its obliQ"!Jtions hereunder, CitY shan
1'1'1 t:> Conlnlctor the amuunt SE"( forth 1 .. Contractor's Bid in accordance wi~h the provisions of this
Contract rind 'UPQn the receipt of wdtten in ... oices and all necess~ry supporting doC'umenlatiOJl within
the timEt set fortf'1 in the COl1tract Sp&cificS:tions and thE: Standard Drawings and Spf."cificitions (1992),
01', if no time is stated. wi1nin thirty (30i Days of the date of receipt of Contractor's jr.voi~es.
s. Insurance. On Ol" before the Dale of Execution, Contractor shall obtain and marnt .. fn th~ policies of
:f"\Sur.an-;:f' cOl.erage desei"i:,ed in tl"1e Notice Invitlng Formal Bids on terms and conditions and in
amounts as may be required by the Risk Man~Qer. City sh .. " nol ba t:lbfigated to take Ollt insurance
on C:>nuactor's pers.on.al property or 1M personal pro;:lerry of any person performinlj tabor or seNices
or suppJ'{in\1 mat(lrials. O~ equipment under tlie Project. Contractor shall furnish City with the
certffica1es ot insurance and with oriCinal endorSt!ments affectinQ coverage reQu~red' under this CO-rltract
on or before the Date of Execution. The certifica'ies 3nd endorsementS tor ;ilacn insurance policy shall
be signed' by iii person who is authorized by tt,ClI insurer to bind COverd~e in its behalf. Proof of
tn$UranCB shall be mailed to the Project Manager to ttl e address set f~rth in SectiOI1 1 5 of this
Contract.
6. Ind@mnificatirn. Co.,tr.aCi:or agrees to protect, defend, indemnify and hold City, fts. City Council
memben:, officers, and employees harmles.s from and !Q'air.st ar.y and ill claims. demands, ~abilities,
Jos.ses, damage!':, COSts. expenses, fieils, penah:ies. suits, or judgments, arising in whole or in part.
directty or indir.cct1y, at any time from any injury to or death of persons or damage to property as a
result of the willful or ne\)ligeni: act or omission of Contractor, or wh;ch fesul!S from Cor:tractOf'.
noncompliance with any law respecting the con~t,on, use, oCl;upation or safety of lhe Projet.1: site,
or any pan thereof, or which arises fro"l1 Contr.ctor·s failure 'to do anything reqlJired under this
Contract or for doing CIr1~'thing v-mlcn Contractor 1s reQuired not to do under this Contract, or wllich
arises irOITl conduC1 for which any Law imposes. strict liabijrty on Contractor in tM perfornlilnce of or
fallure to perform the terms and conditions of this Contract, except 8S may arise from the sDle willful
or negfigent act or omis:>ion of CIty or any of its City Councij members, officers, or empJoyHS This
indemnificati(ln shall ext~nd to any and ;;11 claims. demands, or Ii.::ns made or filed by l"eason of any
construction:, renovation, or remodelinQ work: performed by Conuactor IJl'1der this Contract at any time
dl1ring the term of this CMtract. or arisir:" thereafter.
7. Assumption of Ris~. Contractor aQrees to volur.tarily assume any and all risk of loss, damage, or injury
to the pro~erty of CO['Hr3ctor which may occur in, on. Of acout the Project site at any time and in any
manner, excepting such loss, injury, C!r damaGe as may be t:aloiseo by ttle sole willful Dr neQligem: sct
or amission of City O( any of i15 City Council mSl1lbers, officers. Of employees.
B. Waiuer. The aeee-planee of any payment or performance, or a"v part ther60f, shan nQt oper2te,S a
wahler bV City of its rights \Jnder this CCi1tract. A wai'Yer b~ C,t'1 of an)! breacl"l of any part or
provision of this Contract by Contractor shaH n01 operate as a w .. lver or continuing-waiver of any
$'Jbseq\Jent breach of the same or 3n', oth~r prcllisicr1, nOf shall aflV custom or practice w'hich tTlav
arise between ille panies in 1hC! administra.ion of any pan or proviSion of this Contrart be construed
to w.ai'i6 or 10 iessen the riOlt1::. of City to insist UPQt"\ the pertclmal'lCe Qf Contnctor in strict compliance
with lt1e covfJ1ants. terms and t:ond~lions cf this Contract.
CITY of PALO ALTO: Form.'31 Comract ,Sampre) NIFB 110/9:2:) SECTiON 00500-2 of 7
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PART II • FORMAL CONTRACT SECTION 00500
9. Cgmgl;,ncI with Law:;, Conuactcr shail cc>mpf.,. with al1laws now in forCe or wllieh may hereafter
be in force ,pGrtaining to the Project and Work and this Contract. with the requirement of any bond or
fir& UNktnovriter.s or other simn ... r body now or hereafter constitute-c, with any discretionary r.Cilnsa or
permit issued pursuant to an." Law of any public-agency or offidal as weil all With any provision of at!
recorded doc:umen1S effecting the Project site. insofar a5 any are required by reason of tM-use or
occupancy of the Project site, ana' "vlth an Laws pertaining to nondiscrimination ar.d affirmative action
in employment and hazardous mate,i.als.
10. ko.d..I. -As a condition precedent to City's ()bli!jjation to pay com~ensation to Ccntractor, and 0"1 or
before the Data of Execut\<ln. Contractor st"lan furnish to the Projosct Manager the Bond.! .as required
undar the Noties rn. ..... iting FOtn')aj Bids.
11. acprmmations and Warr;nties. rn the su~ply of any materials and eQuipment '::f1d the rendaring of
labor iIfKi .services durino tI'I.e course and scope of the Project arod Worl<, Contractot r.apresenu and
warrants:
a. Any m..n:erials and equipment which shan be usee' during the course end scope of t"-c Project
and Wad: .shan be ve.;ted in Contractor;
b. Any materials and equipment which shan be used durinQ the course and sCOpe of the Project
and WO/k shall be merchantable and fit to be used !or the particular purpose for which t!1e
materials are requtred;
C. Any lab{;l' and sen/ices rendered and materials and equipment ulied or employed' during the
CO~rw and scope of the Project and Work shan be Fre. of defects. tn ~rkmanship for a period
of one (1) year after the recordation of the Notice of Substantial CQmpletion, or, if no su.ch
notice is rvquired to be filed, on the date mat final payment is made hereunder;
d. Any manufacturer's warranty obtained by Contractor shan be obtained or shein be deemed
obtained by Contrs ctor for and 0 n behalf of City.
e. Any informati<ll1 submined by Contractor prior to the award of Contracr, or thereafter, upon
reqUB$t,. whether or not submined under a continlJing obligation by the terms of the Contract
to do so, is true and corr€ct at the time such informatlon is submitted O( made ava~able 10 t"le
City;
1. Con.uactor has not col!uded. conspired. or C1!;1reed, diroactly or inal!9ctiy, wlIh an'; person in
r~Uii!rd to the terms and conditions 0' Contractor's Bid. except as may be permitted by the
Nonce Jr.¥iting Formal 8Jds;
g. Contractor has the power arid authority fa enter into thi.$; Contract with City, that the individual
!'Jeecuting this COntract is duly authorized to do S~ by appropriate resolution, .and that this
Contract .shan t:e executed, delivered and performed pursuant to the power and authority
conferred upon the person or persons authorized to bind Contractor;
h. Contractor has not mad€ an attempt to ex€rt undue influence wJth the Purchasing Man3Qer or
Project Manager or an\-, other person who has directly comributed to City's decision to award
the contract to Contractor;
CITY of PAlO ALTO: Formal Ccntracl (Sample) NJFB 110/92J SECTION OOS00-3 of 7
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PART II -fORMAL CONTRACT SECTION 00500
i. There are no tmresolved claims or dis,Putes between Contractor and City which would
mat&rially aHect Contractor's abilitY to pe,form under the Contract;
j. CDnUC'ctOr has furnished and wHl furni.c;;h truA and a':curate s:arements, records, reports,
resolution~, certifications, and other wrinen informa!i~('I CIS may be requested of Cotltr .. ctor by
Crty from time to time durin~ the term of this Contract;
k. ·Contractor and .any p~rson performinQ labC'r and ::e(vices under this Proiect n duly fict!1Sed as
OIl contractor with the State 01 California as rel')oired by California Sl,Isiness & Profession.s Code
Section 7028, ;IS amended; and
I. Contractor has ful'ly examined a.'ld inspected the Project site and has fun knowledge of We
pll'{Slcal conditions of the Project site.
12. Anionment, This Contr3ct and the performance requirec! hereunder is personal to Contractor, 2nd it
shall not be ilssigned by Contractor. An, c;ttemptEo assigrrmenr sha~1 be null and .. aid.
13. O,ims of CgntractQ!. A!I claims perUilninr;l tOJ elltra work, additional charges, I)r delays within thi!
COrltract Time or other disputes iHisinQ out of the Contract shall be submitted by Contractor t{l CiTY
En v....-:ong by certified or registered ma~ within ten (101 Days after the claim arO:5.e or within sl.!ch other
tima as maybe perrr.itt"d or rt'"Quired by law, and shall b~ de5cr~ed" in sufficient d~'tEl" 11) giv~ adequate
notice of the substance of the ciaim to City.
,..... Audits by City, During the term of this COJntract and (Of iI period ofMt less than three (3) '/~ars after
ttle extliration or earlier termination of this. CO:1tIact, City shan have-the right to al..Od"it Conttatttrr's
P;oject-related and Work-related writinQs and buslness records, as such terms are defined in CaTiforn!a
Evidence Code Se~ions 250 and 1271, as ameooed, during the regular business hoors of Contractor,
Of, it COfItraC10r hac; no such hours, durin w the regular business hours of City.
15. ~. All agreements, appointments, approvalS, authorizations, Claims, demands, ChanQ'e Orders.
I:On.s.&nU, designa1ions, notices, ofters, requests ctnd statements given by either panytothe other shan
be in writing and :sha~ be sufficientJy given i\nd served upon the otr-.er party if Hl pe~sonally served,
,2) Mnt by the United St-ates m~ii. postage prepaiti, \3) sent by priv?t13 express. -delivery SeT\I)Ce, or (4)
in the case of.a r.acsimile transmrssio!1, IT sent 10 the telephone FAX number $tlt forth below during
regular busir,ess hours of the receivirl w partY and "followed within two (2.) Days by ce\lvery o! 3 hare
copy -of the material sent by f;lcsimHe transmrssior';, In ~ccord3r:ce with \,), l21 or (3) above. Personal
service s~il incl\Jde. w·lthout limitl!!tion, ser."ic~ by delrvery end service by facsimil-a transmission.
To City: City of Palo Alto
City Clerk
25C Hamilton Ayenue
p"o. 8<lx 10:<50
Palo Alto, CA 94303
CITY of PAlO ALTO: ForrMr Contract (Samplet NlF8 (10.1921 SECTION 00500-4 of 7
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PART II -FORMAL CONTRACT SECTION 00500
Copy to: Cit'; of Palo AlIa
Departme~t of _________ __
250 Hamllton Avenue
P.O. Boy. 10250
Palo Alto, CA 94303
(415) 329.--:-______ _
FAX: 14151 329· _________ _
ATTN: Project Manager fOf Project
To Contractor:
1_)
FAX, 1_.1
ATTN: _________________ _
16. ADIJ!9priatlgn of City Fu.nds. This COl1trar;;;: is subject to the fis.:ar provisiOll.s of Ankle JJl. SectJon 12
of the Chatter of the City of Pal(l Alto. Any charges hereur;cJer for Jabor. services, materials and'
equipment may accrve only after such expen..:ITtures ha .... e been apJ;l!oved in ad .... ance in writing in
accordance with apprlCsbrtl laws. This Contract shall termin ate without penalty (i) at the end of any
fiseaI year in the event that funds are not appropria!ed for the fOnowinQ fiscal ",'ear, at liil at any time
within a fiscal year in the e"eM thilt funds are or.l" appropriCited for a pottlon of the fiscal vear and
funds for this Contract are no IO[lger avaiiO!ble. This Section 16 shan control in tr,e event of a conflict
witt1 any other provision of this Contract.
11, Mj$Cf!!Taneous_
e. eanee D.i.sr.laimer. The PJrtres understa.nd and agree that City d~s not purport to be
Contractor's ba~ee, and City is, therefore, not responsible for any damage 10 the personal
property of Contractor.
b. Consent. Whenever in this Contract the approval or consent of oil party is required, such
approyal or consent shall be in writing and shali be-:executea by a person t.a:ving the express
authority to grant such appfo'W"'11 or consent.
c. Ccnttofling law. The parties agree that this Contract shall be governed and construed bV and
in accordance with the laws of the State of CaMornia.
CrrY of PAlO AlTO: Formar Contract ISarr:p1el NIFB 00/92) SfCTK)N 00500-5 of 7
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PART 1/ -FORMAL CONTRACT SECTION 00500
d. Deflr.itior'ls. The dtlfinitiC'ns and term~ set forth in Se-.::tian of t!'1~ Standard Drawin;;ls and
Specifications ('9721 of th=s Contract ar~ incorporated" h<:retn bV reference
e. Force Majeure. Nehher party shall be deemed to be in default !jon accoun! of .any delay or
failure to perform ns oblicatjons unCl'a; this Contract which directly results from an Act Clf God
or an Bet of I superior governmental authority,
f. Keadi!1\1Ji. The 'paragraph headin':;Js are not a pert: of this Contract and shan ha .... 9 no effect
-upon the ccnstruction Of interpretation of any 'part of this Contract,
g. Incorporation of Documents. An documents constituting the Contract documents described
in Section 3 hereof and all documents which mal{, from tirne to time, be referred to in any duly
executed amendmem hereto are by such reference ir,c{lrporated in this CO;"ltract and sha~ be
deemed to be part of this ContIact.
h. lf1te~ratioo. This Contract end any amendments hereto betw~en &.e ~arties .constit1Jte t~e
entire c.greement between the parties conceming l~e P~oject and Work, and there i;re no other
prior oral or written agreements between the parties that ifre not incorporated in this Contract.
i. Modification of Agreement. This Contract shali not be modified or be binding upon the 'parties,
unless such modification is 3Q:reed to in writfnQ and signed by the parties.
j. Provision. Anv agreement, covenant, condition. clause, <lualification, restriction, reservation,
tefm or other st,pulat1or, in the Contract sna!: define or otMern'ise cantrel, eSGilblish. or r.mit the
performance required or permitted (lr to be reQuired of or permitted by either party, An
provisions, whet!'! er covenants or conditions, shall be deemed' to be both co .... en.lnts and
condltions.
k. R~ution. Cont~ac-tor $ha~ submit with its Bid a copy of anv corporate or partnenship
resolution or other writlng. which S'Jthorizes any director, officer or oltler ilmployee or ~artner
to act for or on behaif of Contrsct()( or which authorizes ContractOf to enter into this Contract.
t Severability. If a (;ourt of competent jur'rsdictior. finds or rules that any prov;sion of this
Contr .. ct is void {l~ unen1orceable, the provisions of tnis Contract not so :o-Hecred shan remain
in full force and effect,
ITI. Status of Contractor, In the exe{cis., of rfllhts and obligations under this Contract. Contractor
acts ilS an independent contractor and r'lot as an agent or employee of City. Contractor shall
not be efltitled to any riQhts and benefi.s accorded or accruing: to the Cit)1 COLIncii members,
officers or employee::: of City, and ContraClor expressly wai .... es any and an claims to such riQhts
and benefits.
n. Successors and Assigns The provisions oftnis Contract shall inure 10 the benefit of, and shan
apply to and bind, the succ~ssors and ass.i'Qi1s of the parties.
CITY of PALO ALTO; Formal Contract \Samplei I'JIFB ~10r92!
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PART II -FORMAL CONTRACT SECTION 00500
o. TW'TM of the Essence. Time is of the essenCE: Of thi~ Contract and each of its provisions. In
the carculatfon ('If time hereunder, the time in which an 3Ct is to be ,performed ahan be
eomputed by ew:cluding the first Day and i.ncludin~ the last. It 1he time in which 211 act is to
be performed falls on a Saturd~.,.., Sunda.,., or any OilY ob.seNed as ille~al holiday by City. th~
time tOi performanc1l sharr be exter.dect to th~ foliowinli/' 8usir,ess Day.
p. Venue. In the e\lem that ::l.Iit is brought by eitl'1ef partY I'lere(.:nder, the ,penies agree that trial
of 5Ucf'l actic-n sr:all be vested exclusively in the state court'S of CahforntCl in the Co .... nty of
""Santa Claril in the Ciry of San Jose or in the Un'lted States District Coun for the N!lrthern
DiS!rict Cif CaHfcrniil in the City of San Jose.
IN WITNESS WHEREOF, the parties have e)(ecu1.~d this Contract on the date first abo\le stated in Palo
Alto, eartfomia.
ATTEST, CITY OF PALO ALTO, CALJFORN1A
Cit'!' Clerk
8y:~ ______________________________ ___
Mayor
I>J'!'t\O VEO: CONTRACTOR, ____________ _
By: _____________ _
City Manager
NClme: ____________________________ _
Director of Utilities Title
Director of Finance Taxpayer I.D. No. _____ .... _____ _
Risk Ma nager
.. .PPROVEO AS TO FORM,
Senior Assistant City Attorn ey--------
END OF SECTION
CITY of PALO ALTO: Formar COllnact ,Sample) NIFB '10/92l S ECT;ON 00500-7 of 7
II