HomeMy WebLinkAbout0411.093I
July 22, 1993
THE HONORABLE CITY COUNCIL
Palo Alto, Ca,
o -
contract for Utility Sllhstrtlctun!! Installation for Electric
Services
Members of the council:
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This report recommends that council award a construction contract
in the amount of $300,000.00 to Lewis' Tibbitts, Inc. of
Fremont, california tor as-requested utility substructure
installation tor electric services. Funds for this project are
available in the Elect~ic Fund eIP, Kajor project NUmber 8928,
Underground Extensions and Replacements. Because all new
construction :r.'lst be underground, approximately 25 percent of
these funds ~re returned through customer reimbursement. Due to
the -as-requested-nature of the individual Service Orde~~, no
change order authority is r~quested.
Background
Prior to fiscal 1992-93~ the water-Gas-Wastewater (WGW)
OperatiOns crews installed underground substructure (boxes,
conduit l etc.) for electric services~ This work was in addition
to their regular wDrk and vas occasionally done on overtime or
~as fit in between otber work. Substructure installation
typically includes trenching in the street to install underqround
conduits to allow the electric utility to serve a residence or
commercial facility, repair of in-groun~ boxes that have failed
due to beavy Vehicle traffic loads~ and small trenching and
conduit installatlon jobs to enhance the underground distribution
system. Major underground work, such as an underground district,
is separately spacified and released tor competitive bid.
Because of the increased work levelS from the infrastructure
replacement programs in the water, gas and wastewater collection
utilities, the wew Operations crews are no longer able to provide
the electric utility the substructure installation service. The
electric utility aecided to contrac~ with a qualified contractor
to perform the same services on an was-requested-basis. In the
as-requested contract~ individual service orders are quoted on a
lump sum basis and accepted by the contractor and City for
CIIIl: 411: 93
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specific customer service york~ Each Service order usually haa a
value or from $1000 to $3000.
In the 1992-93 fiscal year, the electric utility entered into a
contract in the amount of $200,000 with a local contractor for
these services. Work has been done in a timely fashion, the
contractor has provided qu~lity perfor.ance. our ability to
control costs has been ~nhanced, and contractor response time has
been excel! ent.
Based on this experience, the electric utility prepared a
specification and bid item list for the typical substructure
installation work needed to provide elect~ic services. The bid
list is used only for evaluatinq ~e competitive bids and tor
cost control. Each individual jo~, or Service Order, will be
prepared and quoted, based on the bid list, on a lump sum basis
by the contractor. Each service order ~1ll be accepted by both
the utilities Department Electrical Bnqineerinq Manager and the
contractor. Upon completion of the ~ork, the contractor receives
payment for the Service Order completed. T"he City has the right
to decline the services of the contractor and to terminate the
contract at any time. It is expected that no individual service
order will exceed $8,000 in value. Based on our experience we
expect most will be in the $1000 to $3000 range. Any
construction work expected to exceed $8,000 in value will be
competitively bid under existing procedures.
Bid EValuation
Following specification development, the work was released for
competitive bid. A Notice Inviting Yor.al Bids was sent to four
qualified contractors and to the Peninsula and Santa Clara County
Builder's Exchanqes. Three bids were received. The costs
computed tor bid evaluation are:
Lewis , Tibbitts, Inc.
Unde~ound Construction company, Inc.
West Valley Construction company, Inc.
$286,835.40
$341,510.40
$571,160.00
The engineer's estimate for this work was $304,283.
Lewis' Tibbitts, Inc. is the lowest bidder. This evaluated cost
1s meant for comparative purposes only. Because of the -Blanket
Order~ nature of this contract for -as-requested" services, the
contract amount is $300,000. A detailed tabulation of the bids
is attached. Lewis. Tibbitts, Inc. has performed other work for
the city and has an excellent track record.
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Funding
FUnds tor this work are av~ilab19 in the Electric Fund CIP,
Underqround Extensions and Replacements Project for FY 93-94 with
customer reimbursement expected to return 25 percent of the
amount spent.
Regpawendatione
statr reoommends that Council:
1. Authorize the Mayor to execute a contr-act with :Lewis'
Tibbitts, Inc. in the AMount ot $300,000.000 for Utility
Substructure Installation for Electric services.
Respectfully submitted,
I ' I! , " ;., .. .' '0----~ II vt-\-',,\ ...... 13J-'k_
KICIIA EL BEANLAND
Electrical Engineering Man~qer
l';/.~
EDWU'o MRI ZEIt
Interim Director of utiliti~s
Jwte-;Ju,r.v,%"c.-
JUh"E FLEMING
City Manaqer
Attaclunents:
CIIJL:4.1.1:"
Bid Tabulation
Contract
I Bid
Line Est.
l Number QUan.
I --------------
1 200
2 100
3 200
" 100
5
6
7
8
9
10
11
12
13
14
15
16
17
],8
].9
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
200
100
20
30
10
20
10
2
20
10
20
10
500
30e
200
100
200
200
200
100
100
100
200
100
200
100
100
100
1000
200
500
400
400
300
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utility Substructure Installation for Electric Services
1993-94 Bid Evaluations -Bid Opening 3uly 13, 1993
West Valley
Rate
51. 00
58.50
41.50
33.50
43.50
28.00
140.00
370.00
390. 00
735.00
2000.00
3000.00
60.00
140.00
60.00
].60.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
60.50
38.00
7.50
9.25
15.00
21. 00
11.20
7.50
Extension
$lO,:!OO.OO
$5,850.00
$8,300.00
$3,350.00
$8,700.00
$2,800.00
$2,800.00
$11,100.00
$3,900.00
$14 /700.00
$20,000.00
$6,0'00.00
$1,200.00
$1,400.00
$1,200.00
$1,600.00
$1,000.00
$600.00
$4 (10-.00
$200.00
$400.00
$400.00
$400.00
$200.00
$200.00
$200.00
$400.00
$200.00
$400.00
$200.00
$6,050.00
$3,800.00
$7,500.00
$1,850.00
$7,500.00
$8 1 400".00
$4,480.00
$2,250.00
Lewis' Tibbitts
Rate Extension
39.00
32.00
32.00
32.00
33.00'
31. 00
110.00
160.00
180.00
385.00
1300.00
1900.00
80.00
110. 00
80.00
160.00
1.00
1. 00
1.00
1. 00
1.00
1.00
1. 00
1. 00
1. 00
1.00
1.00
1. 00
1.00
1. 00
32.00
28.00
14.00
16.00
15.00
21.00
17.00
3.60
$7,800.00
$3,200.00
$6,400.0'0
$3 1 200.00
$6,600.00
$3,100.00
$2,200.00
$4,800.00
$1,800.00
$7,700.QO
$13,000.00
$3,800.00
$1,600.00
$1,100.00
$1,600.00
$1,600.VO
$500.00
$300.00
$200.00
$100.00
$200.00
$200.00
$200.00
$100.00
$100.00
$100.00
$200.00
$100.00
$200.00
$100.00
$3,200.00
$2,800.00
$14. OOC. 00
$3,200.00
$7,500.00
$8,400.00
$6,800~OO
$1,080~OO
Underground Const.
Rate
43.00
45.00
l7.00
26~OO
32.00
23.00
156.00
264.00
367.00
714.00
1100.00
1325.00
69.00
153.00
69.00
153. 00
0.15
0.37
0.71
0.75
0.15
0.71
0.75
0~15
0.31
0.71
0.25
0.65
0.35
0.71
JO.OO
25.00
5.00
6.00
6.50
4.75
5.00
2.50
Extension
$8,600.00
$4,500.00
$7,400.00
$2,600.00
$6,400.00
$2,300.00
$3,120.00
$7,920.00
$3,670.00
$14,280.00
$11,000.00
$2,650.00
$1,380.00
$1,530.00
$1,380.00
$1,530.00
$75.00
$111. 00
$142.00
$75.00
$30.00
$142.00
$150.00
$15.00
$37.00
$71.0C
$50.00
$65.00
$70.00
$71. 00
$3,000.00
$2,500.00
$S,OOO.OO
$1,200.00
$3,250.00
$1,900.00
$2,000.00
$750.00
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utility Substructure Installation tor Electric Services
2993-94 Bid Evalua.tions -Bid Openinq July 23, 2993
Bid West Valley Lewis , Tibbitts Underground Const.
Line Est.
Number Quan .. Rate Extension Rate Exte.nsion Rate Extension ------------------------------~--------------------------------~----------39 5 250.00 $750.00 SO.CO $400.00 85.00 $(25.00
40 10 195.00 $1,850.00 80.00 $800.00 125.00 $1,250.00
41 10 215.00 $2,150.00 100.00 $1,000.00 115.QO $l,7sll.00
42 5 245.00 $1,225.00 110. 00 $550.00 205.00 $1,025.00
43 30 75.00 $2,250.00 80.00 $2,400 .. 00 85.00 $2,550.00
44 10 8S.00 $850.00 100.00 $1,000.00 175.00 $1,750.00
~5 30 75.00 $2,250.00 80.00 $:2~40C.OO 85.00 $2,550.00
46 10 85.00 $850.00 100.00 $1,000.00 175.00 $1,750.00
47 10 2100.00 $21,000.00 425.00 ~4.2S0.00 584.00 $5,840.00
~8 100 9GO.110 $90,000.00 144.0C $14.,4.00.00 250.00 $25,000.00
49 25 1350.00 $33,750.00 330.00 $8,250.00 350.00 $8,150.00
50 3000 25.00 $75,000.00 10.00 $30,000.00 20.00 $60,000.00
51 2000 35.00 $10,000.00 12.00 $24,000.00 26.00 $52,000.00
52 20 1200. CO $24/000~OO 400.00 $8,000.00 50.00 $1,000.00
53 100 25C.00 $25,000.00 167.00 $16,700.00 165.00 $H,500.00
54 100 57.25 $5,725.QO 39.81 $3,981. 00 50.53 $5,053.00
55 ].00 34.00 $3,400.00 31.30 $3,130.00 25.49 $2,549.00
56 200 62.00 $~2,4..00.00 42.70 $8,540.00 34.86 $6,972~Oa
57 200 50.00 $10,000.00 45.25 $9,050.00 29.75 $5,950.00
58 40 U.OO $1,840.00 34.81 $1,392.40 2S.56 $l,142.40
59 40 120.00 $4,SOO.00 J2.30 $1,292.00 120.00 $4,SOO.00
60 100 10.00 $2,000.00 8.00 $800.00 10.00 $1,000.00
61 240 23.00 $5,520.00 9.00 $2,160.00 12.00 $2,880.00
62 500 15.40 $7,700.00 16.00 $8,000.00 14.00 $7,000.00
63 240 26.00 $6,240.00 27.00 $6,480.00 29.00 $6,960.00
64 240 21.00 $5,040.00 17.00 $4,080.00 18. "/5 $4,500.00
65 100 21.60 $2,760.00 18.00 $1,800.00 26.00 $2,600.00
66 100 36.80 $3,680. 00 19.00 $1,900.00 70.00 $7,000.00 ------------------------------------------------------ --------------------
Grand Total"" $571,160.00 $286,835.40 $341,510.40
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PART II -fORMAL CONTRACT SECTION 00500
CONTRACT
This COOtf3C1, dlted --' is entered into by and between the CitY of Palo
Alto, a municipal corporation of the Stale of California {"City~ 1 • and __ Le-wi sand Ti bb i tts ,
loe ,a Cal iforni.a Corporati.on , ["Contractor'",. whose
T."PiY8t' Id&ntffication NUrrlber is ___ 9_~" __ 2 _19_5_1_6_0 _____ _
For"and in conskieration of the fOilowing cOV1!oants, terms and COnditions, City and Contractor ,"1he
P¥ties·} agree:
1. IIm!. Thi& Contract sh.n commence on, .. nd be binding 0;'1 the ,parties en, the Date of Execution of
this Contract.. and shan expire on th~ datI of recordation of the Notic:a of Substantial Completion, or,
if no &!SCh notic:1t i5 required to be filed, on the date tnat final pavmer.! is made-hereunder. subj!tCt to
the earlier termina~ of thi.s Contract. See SECTION 00 120.5:TERM of AGREEMFNT. of PART n of
thiI Notice Inviting Formal Bids (NIFB) documents for additionar terms.
2. General ScaD' of Prgitct .end Work. Contractor shan furnish labor, services. materia's aM equipment
in runnection with tile coru:truction of the Project arn;' complete the Work in accordance with the cove-
nants, terms and coneroons 01 thiS Contract to the &a~jsfaciion of City, The Project )'nd Work is
generaRy described as follows:
7itJe: TRENCH AND SUBSTRUCTURE INSTALLATION NQ,:44918
ea .. lilli' $ __ -"-30",0",,,,0,,,0,,,0,,. O",O,-,(-"co","-"t"-r"."ct,-!l",-i,,,m.c;i '",. 1,-_" __ _
Add AllBmate. I~ any): • -'0".,,0"'0'--__________ _
ToW 1i!I($ __ -,3"0"0",O",O",O",."OO"-,(",c",o!!.nt",r..::,,,,c-,-t_l,,i,,,m,,i-'.t L) ____ _
3, C9ntrac;t; Poeume1lts. This Contr.H;t shan cor\5ist of th-fl documents set fanh below. Which V8 on file
with the City CIefk. and are hereby incQf'Porated by reference, For the purposes of (;onstruing,
imerpreting and re.soJving If\Coosistencies !:Ietweell the provisions of l'hi.s Contract. these doc'uments
aoo the pro'lt'isions tht!reof are set forth in the fotlowing descendirllO' oroer of precedence.
a, The Contract.
b. Notice Inviting Fonnal Bk!$.
c. Contract Specifications,
d. Drawings.
e. Change Orders.
f. Bid.
g. S~entarv ConerOOns.
h. Genetal Conditions.
i. Standard Drawings and Specfficaticns f19921.
j. CertH'icate of Insurance, Performance Bond and labor and Materials Bond.
k. Affirmath.e Action Guidelmes and Compliance Report,
I. Othet Specifications", or part thereof~ not expresslv irrcorporate<i in the Contract Specifications
01" the Standard I)rawings and Spedfications ~ ~ 9921,
m. Any other document not eJCpressly mentioned herein which is issued by crty or entered into by
the parties.
CITY of PAlO ALTO: Formal Contlaet NIFB (7/93) SECTION 00500-1
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PART II -FORMAL CONTRACT SECTION 00500
4. ComIJensarioo. In eonsideration 01 Contractor's perfofm,Hlceo of its obHg;ations he'lKInder, Crty shan
pay to Contractor the amount set forth in Contractor' 5 Bid' in accoraance with me provislons of this
ConV'aet al'td upon the ri!Ceipt of wlinen invoices and all necessary sU"jJonillQ doeum"ntalion within
the tim. set fon:tl in the Cornr~ Specifications and the Standard Dra ..... ings and' Specifications j 1 992~,
or, if no tirT\(t is stated, withir. thirty 130) Days '0'1 tha date of rec~ipt of Contractor's in .... oicl!'s.
S. Insurance. On or before Ihe Oat& of Execution, Contractor shall obtain and maintain tr.e ~ieles of
msuriiW1ce cover~e descnbed in ltle Notice rnvitlng Formal Bids on terms and conditions and in
amounts as may be required by the Risk Manager. City shaii not be oblioa;ed to take OL.lt insurance
on Contraetor"s personal :property or the personal property 01 any person performinp lacor or servi~s
or supplying materials or equipment under tne Project COntraCtOf shan furnish City wilh the
certificates of insurance and with original endorsements affecting c oVerage required under this Con:ra~
on 0{ before ttle Date of Execution. The eerti~31es and'endorsement!. for e.ac!1 insu~ancE: poficy shaR
be signed by a pet"Son who is. authori2ed by that irlsurer to bind coverage in its behaif. Proof of
'InstJrance shaR be mailed 10 the Project Managet'" to the a<! dress set f~tth in Section 1 5 of this
Contrite!.
6. Indenmffie,Mn. Contractor ag~es to protect, defend, indemnity and hold City, its Cit;' CounCl1
members. office,.,;, and emploYfis harmless from and al}ainst any al10 an claims. demands, r48bil'rties,
10$.5es, damagu, costs, expenses, liens. ,p-enalties, suits, or judgments. arising in wh'Cl~e or in part,
directtv or indirec1ly, at an'll time from any injury to or death of persons or damage t<.1 ~·~openy as ;!II
resu}( of the wfJlfol or neg:ligent act Dr omission of Contractor, or which resuh$ from Contractor's
notlcompr~nc:e with .any law respe~ t"'l condition, use, occupation or safety of the Project site,
or any part thereof, or which arises from ContraetOf"'S failure to do anything required under this
Contract or for doing anything which Contractor is required not to do under !hili Can'tfact, or which
aris.es from conduct fer which any law itrlpoSI.$ stTict r.ability on Contractor in the Pf!rfonnanc;;e of or
failure to perform the terms a,..d conditions at this Contract, except as may arin from the sots willful
or negligent ilct Dr omission of Cit-,.. or any or its City Council members, off"lCers. or employees. This
indemnification shall extend to itnV and an claims, demar'lOs, or liens made or filed by reason of any
construction, renovation., or remodeling work periOfmed by Contractor Linder this C.ontract at any time
during the 1erm of this Contract. or arising thereafter.
7. Assumption of Risk. Contracto=, agrees to voluntarily assume any and an rislc. of loss, dolmage. or injur,
to the property of Contractor which may occur in, on, or about the Project site at .;my time and in any
manner, excepting sl>Cn 10$5, injury, or damage u may be caL'sed by the S'Jle willful or negJigent act
or omission of City (lr ally of its City COt.lnc~ members, officers, Of employees.
8. Wa:IVef. The aC{:eptance of any payrT"ent or performance, or any part thereat. shall flat operattl as ..
waiVBt by City of its rights under this COlltIact. A waiver by City of any bre.acn of any P3rt or
provision of this Cootract by Contractor shit" f\01 operate as a waiver or continuing waiver of any
subsequent breach of the same or any other provislon. nor shaR any custom or practice which may
... rise between the parties in the admrnistration of any part or provisiOfl of this Contract be construed
to wai .... e or to lessen the right of City to insist upon the performance of Contractor in strict compliance
with the covenants, terms and con<frtions of this Colltract.
CITY of PAlO AlTO: Formal Cc.,"'ltract NlFB (71931 SECTION 00500-2
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PART II • FORMAL CONTRACT SECTION 00500
9, Comprumct with ;~. Contr'1lctOf' shan comply with an La ws no w in force or wtlich may hereafter
be in force pen.ainirl,' 10 the Project and Work and this Contriilct. with the requirement at any bond Of'"
fire liMerwriterS or o .... er similar body no ...... or hereafter CO~Stituted. with any disctetion.ry rlCens.e or
permit iuued pursuant '0 .n\" law of anV pubf.c aQ'McV Or cff~ia' as wen itS with: anv provision of .If!
recorded doeun'lents aft" ':ting the Project site, iruofar .as any are required by reason of the use or
occupancy of the Project, ;:e. and with all law&. pertaining to noodis.crimination and Iffim'lati itO' action
in employment and t'l-ua,,(k us material.s.
10. 1tsUl1!i. As. condition preee~:'!'It 10 City's obfigation to pay compen.sation to Conttltctor, and on or
before the Oate "I EJtecuuon. ev. .......... ""tGr shan furnish to the Project Mana~er"tile Bonds as required
under the Notice Inviting form .. 1 Bids.
1 T. ROQ!!stntations and Warranties.. In the s..JPJ)!y 01 anv m..-teri .. l,i and E'Quipment and the rendering of
laboJ and services dunng th9 course ar,d $Cope Q~ th. Pfoi~ct 11'00 Work, COn\nctOf fepr~setlts at'od
warrranlS:
ill, Any mau:riar.s and ilQuipment which shalt be used during the Course and $Cape of tI"..e Project
ar.d Woric. shatl be '\/I~te-d in Con\JactDf~
b, Any materiils and e-Qu;pment whicl'1 shan b-e U$fid dlJrirlg the course and scope of the PrCiect
and WOC'k aha«! be merchantable and fa: to be used for ttl. paniCLIlctr pu~$e for -which the
materials are requited;
c. Any hlbor and &eMcq rendered and materials and eq\.Iipment used or empfoyed during the
CoutU! and .ac:ope of the Projea and Work st\cl1 be free of defects in wor$o;;:maf"!ship ror a period
of one ~11 yeor after the recordaoon of the NoVce of Substantial Compledon. or, jf no .such
notice is reQl.iifed to be ffled, on the date ttlat flruI poillyment is made hetel,il'lder;
d. Any manufactUf.r'$ war:anty obUined by Conuaetor aNn b& Qbtained or sheA btl deemed
obtained bv Comraetor for and Qn behalf of City.
e. Arty information submitted by Contractor prior %0 the lward 01' Contract. or thereafter. up«.
r<equ&at. whether 01 not submitted under a c~tinujng obfigation by the terms of the Contract
l~ de so, is. '[T1Je and c'Orrect .at me time ~uch in formation is submitted or rnilde a vailabre to the
C;,y;
1. Coottactor tlas not colluded, COIlsp.ired, or alrfeed. dlrectlv or indirectty, wittl any person in
reg;iu"d to the 1erms and c:or.arti'C'rls of Com:ractOf',s 6H;f, .xcept as maV be pennittltd by the
Notice Invitino FClf'rT\aI Bids;
g. Contract.Q( has the. power a!'\d' authorlt\' to .nter into this ContraCt with Ot'{, tMt th9 indh .. idua.l
executing this Cclntract h. duly authorized to do $V by approptiate resolution. and that this
Contract shan be executed, deli~e~ ond performed p\Jr$uaot 10 me power al"ld authority
conf9rred upon the J)4!rson ot pet'$Ons authorized to bind Contractor;
h. COnb'IiC1Of !"\as not made an attempt to exert undue influence with thoe Purchasing Manag8r' Of
Project Man~r Of any other person who has directly contribute-d to C.ity's decisWr'l to award
the cootract to Contractor;
ern' of PALO ALTO: Formal Contra<;t NIFB {7/93) SECTiON 00500-3
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PART U -FORMAL CONTRACT SECTION 00500
L There are no unresofltled claims Of disputes be1ween Contractor and City which would
materiatfy iiIIffect CO:1tisctQr'. ability to perform under the Contract;
j. Cootractor has fumished iii nd witS fumish true and accur81e ~Uitem8nts, records. reports,
resolutions. C'!J'tiflCations. and other written information as may be requested of Contra.etOl by
City from time to time during !r.e term of this Contract;
k. ContraetCf' ...... d any person perform;n Q labor and se~ke.s under this Project is duly licel'lsed as
a contractor w(f:1'I the Stare of Califomijt as reQuired by Clljfofl'lj~ Business &. Professions Code
Section 7028, as .me~~t a~
I. Contractor has fully u,amined /tOO ins~ed the Pro'ect site and has ~lJlI knowfedlii'e of th~
physical concfn;ions of the Projec1 sile.
'2. Assignment. This Corttract and tl1e performance required hereunder is per-sonar to Contractor, and it
st\all not be assiglled by Contractor. An~' attempted asslgnment shall be nun ano' void.
13. Claims of Contrxtor. AI! claims pertaining to extra work, addiooRaf charges. or delays within the
Contract Time or other disputes arising out of the Contract shall be submitted by ContractOf to City
in writing' by certified 0( reQistered mail Wittlill ten nO) Days after the claim arose or within such other
time as may be permitted or required by raw. and shall be descnbed in sufficient detaij to give adaquate
notice of the .ubstance of the claim to City.
14. Audit' by City. During the term Df this Contract and f04" a period of not leu than three 13; years after
the expiration or Nlfier termin.a~oll of this Contract. City Shall have the right to audit Contractor's
Project-related and WoriNe'ated writing! and business recordi, as such term'; are defuled in C.alifornia
Evidence Code Sect;Of\$ .2.50 and 1271, i!I!J ame-ncfed. during the rel)ular busineu hours of Contractor.
01, it Contractor has no such hours. during the regular business /'lour$; of City,
, 5. ~. All i!lgreements, alJpoinunenu. approvals, authorizations. clilims. demands. Change Orders.
COtlSenu. designations, nt.otice.s. offers, req1H!'st5 and stat-ements given by either pany 10 the other shall
be in writing and shan be sufficiimtty given and sen .. ed Lipan the other party if ll) personany S-elVed,
(2f &em by the United States mail. postage prepaid, (3) sent by private express deflvery serv'lce, or (4)
in the Cas& of a fa<:simila tranSrniss~on, if sent to !he telephone FAX numbel set forth below duting
teglutar bu~ness hours of the-receiving lJarty and foflowed witl'lin two 121 Days by delivery of a hard
copy of the material sent by facsimile tr3n.sJnission, in accordance with (T I. 12) or (3) obo"J8. Personal
",vice 5nall include. without limitation, .lenoice by deli\letY and S81\Iicl by fac:sirrn1e transmission,
To City; City of Palo A:to
CftV Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
CITY of PALO ALTO: FCJrmal Contract NIFB 171931 SECTION 0050 ... ,· 4
PART U -FORMAL CONTRACT SECTION OO~OO
Copy to: City 01 Palo Alto
Department of UTILITIES
250 Hamilton A~enu.
P.O. Box 10250
To Contractor:
Palo Arto, CA 94303
(41 5 I 32 9 .... 23~6":'5'-:----,~.,.,.. __
FAX: (415) 329.2>1tiS 26U8
AnN: I'1K")!jdII'IW~Xfllli(pt~1
Michael Beanrand I Manager
lewis and Tibbitts. Inc.
42700 Boyce Road
Fremont I CA 94538
P1.Q...I 65 • .:.7-'-0"'3"'16"-_______ _
FAX:1510'~6~57~-~5~75~9~ ________ _
AnN: __ ~M~r~.~G~.~ry~T~-~M.~n~l~y ____________ __
16. Appmnriatign at City Funds. Thil Contract Is subject to me fiscal provisions of Amc:1e III .. Section 12
of the Chanet of the CIty of Palo Alto. Any ct".arge5 hereunder for I.bor~ urvices, materials and
equipment may accrue only after StJch 8xpemfltures have b4:!en approved' in acfv8t\Ce in writing in
~ with appicable laws. This ~ .shaH terminale without pet'.a'lty m at the end of any
~ year in the ewnt that funds ate not appropriated fo.r the fcPowing fiscar year, or raj at any time
wittlin • fi8ea1 yur in the lY8l1t tfuJt fundi Ire ~Iy approprilt&d for ;t portion of the fiscal year alld
funds for this Contract ar."o longer availabJa. This Section '16 shan control in tJle even! ..,f I eor.flict
with liIlV other provision. of this ContIilCt.
17. Mi,ullan9QWi.
a. Bailee Disclaimer. The panies understand and agree that City does not purport 10 be
Contractor's ball". i;]d City is. therefore, not re.sponslDfe for any damage to lhe personilf
property of Contractor.
b. Consent. 'WP'l8f1.var in this Contract the approval or consent of a party is required. su<:h
appovaJ Of' eonsem shan be in writi~, and shan be elCeellted by a person having lhe express
authority to grant such appro ... 1 or COOseflt.
e. Controlling law. The ~rtie8 agree mat this Contract stlan be goverMd and construed by and
in ac:ccwd.anee with the laws of tile State 01 Califomi.l.
CITY of PAlO ALTO: Fcwmal Contract Ntf8 [7/93) SECTION 00500-5
o
PART II • FORMAl. CONTRACT SECTION 00500
d. Definiti(H1s. The definitions. and terms set forth in Section of trlfl Siandard Drawings and
"',~ffications (1992J of this Contract are incorpcuated hereil~ by reference.
e. Fotu Majeure. Neither part'} shall be deemed ,0 be in default 0(1 account of any d~V or
failure to perform rt5 gbfigations under this Conuact which cltreclly result.s from an Act of God
or 8n act of .. svperiOf' g<)'oIemmental authority.
f. Head"mgs. The P41ragrapn headings are not a part of this COIltracl and $harr have no effect
upon the C"On5tnK,'tion 01 interpretation of any ,part of thi:;; Contract.
g. lncOl'})OrMion of OOC\lmenfs. An cfoct,lmel1ts constituting the Contract docu~nts descnbed
ill Section 3 hereof and an dOC1Jments which may, from time to time. be referred to in VlY duly
execlJted amendmenl hereto are by such reference incorporaud h this Contract and shan tH!
deerr.ed to be part of this COntract.
h. 'rote~ration. This ContraC1 and any amendments heHl'l'. between the parties constitute the
entire agreement betweef] the parties concernir,g the Project and Work, lind Ih'!:lre are no other
prior oral or writton agreements betwee:n the panies that are not inCQiporat<>j' in this Cantract.
::.. Modific.ation of Agreemen.t. This C"ntrKt shan nat be modified or be bindir:.g, upon tM parties,
unless such modification is egreed to in writing and sigr:ed by the parties.
j. ProviStOl1. Any agreement. covenant, conditio". clause, Qualificatio.rl, rulrictiOll. res9fVation~
tarm 01 othec-stipulation in the Contract 5t\aU define or oth9rwi$.8 (xmtrot, e~tab{ish., Of rrmit thG
perfoNnance requited or ,permitted or to be required of or permjfted bV eith~ Pilrty. An
Pfovisions. whether covenants or eoncfttio!U, s.han be deemed' to be both CO'len3~.s. 80M
condi!ions.
k. Re5olvtiol Contrac1or shan submit with its Bid • cOr'Y of any corporate Of" panner$hip
resciutfon or other writing, which authorizes ion., director, officer Of other emp'o~ Of ?aM9f
to act for Of on bonatf of Contractor or which authorizes Contractor rt1 enter into this. COO1IGct.
I. Sevetabifrty. If a (;oort of competent juriodiction finds 01 rules that a ny provision of this.
C?'"U'act i'i 'Void Of un&nforceilble, tn.'! prov1::Uons ot thIS Contritct not sc afleeted shan remain
in hJlI force and effect.
m. Status of Contrnctc.r. In the e~rcise ~r rig"tS and obligations. under this ContrilCt,. ContractOr
0Ictz; as an independent contractOi and not u an agent or employee of Citv, Contractot shan
not be entitied to any rights and benefits accorded or accruing to tile City· Councr:l members,
offltefs or employees of City, and Contractor eXpl'eul.,. wa'lves any and an (;Iaims to soc:h right.!
and benefits.
n. Succes$O(s and Asstgns. The J:jrovisions of this Contract $han inure to the Denefit of. and.$h&ll
.a.ppIy" 10 and bind, t\"loe successors and ctssigns of the parties.
CITY 1)1 PAlO Ai. TO: Formal Con"!.Tact NtfB \71"93 1 "SE.CTlCN 00500·&
PART II -FORMAl CONTRACT SECTION 00500
o. TIf'fMI of the Essence. Time tS of the esse-nee of this Contract and each of its p' ~ions. In
the calculation of time hereunder, 1he time in which an act i.s to be perfon. _ $han be
eorr.puted by ~xcludlng the firs ~ Day and inc'ucftn g the last. If the time in which ,;In act fa; to
be performed falls ()r'I a S41turdav, Sunday. or an,¥, D.ay observe(j as a fel:;al hoflCfav bv City, the
time for perforr:nance .shan be: extended tQ the ~ollowing Business Day.
p. VenuIf, In the 8\1$nt that suit is brought by either party hereunder, the parties agreo that trial
of suei'! action &han be vened exclusively in the state courts of Califomiil in 'th9 County of
Santa Cfilr.a in the City of San. Jose or in the United States District Court fO( the Northern
District of California in the Cit:( of San Jose.
q. Recovery or costs. The prevalli.,o party in any action brought to 8tlfQf"C8 the terms of this
Contract w.:ising out of this Contract mav recover Its r .. ascnable costs, including r&4$Ol1ab$e
attOrney' .. fees. ineurTed or &JrP6;nded in connection with such action aga\nsl the non-preva"lfu1g
po"".
j~ WITNESS W'HER£OF~ the Parties t!,lve executed this Contract on the date first above stated in Palo
Alto, CaI~i.iII.
ATTEST, CITY OF PALO A'-TO, CALIFORNIA
By; -------------Cit> Clerk MoiIYo;
APPROVEO,
By, __ ~~~·f~1t~-~1~~~~~~~·~~~, __________ __
CT,rManager N~,_J\J~.~n~~~ML--LII~u.ew~~ _________ _
Director of Utilities Tide, __ -,fu?==D4W"",=T __
Directcr of rtnance Taxpayer 1.0. ",0. ':1'1--:t,"SlG.0
APP!10VED AS TO FOAM:
END OF SECTION
cr~y of PALO ALTO: Formal Contract NIF8 171931 SECTK)N 00500-7