HomeMy WebLinkAbout0508.093~. , . ,
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September 2~, 1992
THE HONORABLE CITY cmmcri..
Palo Alto, California
Ctibberley Buildings H. J. K and M R~_roof -Awa.rd of Contr-a;;t
Members of the Council:
This report recommends that Council award a contra~t to Andy's
Roofing Company~ Inc. in the amount of $90,183, to reroof buildings
H, J. K and M at the CUbberley Community Center. Funds have been
appropriated in elP 190113 Cubberley Code, Roof and Facility
Repairs.
BackgrQund
When the City took over the CUbberley School complex; all existing
roofs were surveyed and deteriorated roofs with dorr.inant leaks were
identified for early replacement. 'I'he roofs on buiidings H, J, K
and M were scheduled for replacement in FY 1993-94, according to
the established pz:-iority of the roof replacement project. It is
anticipated that this project will be completed by October 30.
1993.
f\iBcuesion
An invitation for bids was issued to sixteen contract.ors. Bids
were received from six qualified contractors as shown on the
attached summary (Attachment A). S~aff r~commends that the ~id of
$90,183, submitted by Andy's Roofing Company, Inc., be determined
by Council to be the lowest responsible bid and that the contract
be awarded accordingly. The bid is 15 percent below the engineer's
estjma~e of $107,000.
Recommendations
Staff recommends that CO\L~cil:
1. Approve and authorize the Mayor to execu~e the attached
construction contract with Andy's Roofing Company, Inc .•
in the arnoGnt of $90,183~ for the Cubberley Buildings H,
J, K and M Reroof project.
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2. Authorize the City Manager or her designee to negotiate
and execute one or more change orders to the construction
contract with Andy's P.oofing Company~ Inc., the t,jtal
value of which change orders shall n0t exceed $13,500.
Respectfully submitted,
(' 'd
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KAREN SMITH
Supervisor, Facilities projects
C. T. CDRAN
Facilities Engineer
GLENN S. ROBERTS
Director of Public Works
At tachments:
Manager
Bid Summary
Contract Pages
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~:!nHU;;Rl&X ~OMMYHIl::': ~&Hl:~
BYILplNGS J.H,K,& M REROQ~
BID SUMMARY
§l=I&. ;;r Bl.!J!:;, l! a~· 1\ ru.~ ~IQ TCIAL
A....,dy .. s Roofinq $.<:4,635 $25,078 $25,080 $15,390 $ 90,183
Sbel ton Roofing $n,133 $30,266 $27,627 $20/519 $109,545
California Roofing $26,124 $28,560 $27,424 $28,124 $110,232
El Camino Roofers $33,470 $27,956 $32,683 $23,39' S~22,503
~estern Roofing $57,124 $73,210 $62,479 $62 1759 $255,572
GUys Roofing S29,789 NO BID $29,997 NO BID $ 59,786
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PART II -FORMAL CONTRACT SECTION 00500
CONTRACT
ThJs Contraet, dated is entered into by and .between the City of P ... lo Alto,
a municfp.ti cOrporation of the Stat8 of Califomia (·Cit',.~ I ,and And\' • s Roo f ir:3 Cornpan\!. I r:c.
_____________ ~ •• ______________ ~. i-Contractor"" whose
TiilxPlY8f' Identification Number is _____________ _
For and in consideration of the fonowing COYerants, terms and cond'rtioru;, City and Contractor ("the parties·)
,. Icmi. This Contract shan commence on, and be binding on thlt ~arties on, the Date of Execution of this.
COfl'traCt.. and ahaR expire on the date of record:at'lon of tl-·-:-Notice of Substantial Compf.etion, or, if "0 such
notice is required ro be fikld, on the da;:e that final ::-a,tment is made hereunder, subject 10 the Biirfier
termiri®on of 'ttIil Contract.
2. Gtoori[ Scope of Prpjecl ,and Work. ContraC!or shall furnish labor, services, materials and eQuipment in
COtVMCtion with the construction of the Plojl':!ct and complete the Work in accordance with the coveroams,
term$: II1d concfrtions of this Contract to 11le ISi!tisiaction of City. The Pl"oject ;;rn;l Work il ge."1er.a1fy
de.scribedas foflows:
rnM: CUBBERLEY RE-ROOFING PROJECT NQ.: 46112
Base 8icI, • _______________________ _
Add Alternates m anvl, • ___________________ _
Tatal Bid I 90,183.00
3. ContrlSj1: posyments. This: COtltr.Jct ,haJJ consist of the dOCt.mlenu nt forth below, which .are on file witt1
the City Oerft and are hereby incol})O!81ed bv reference. For:he purposes of construing. interp'eting and
re.soMng: incorqistencies between me provisions of this Contract. 'ttIese documents and the provisions
thereof are set forth In tlte foDowing deseending order of precedence.
•• This Contract.
b. No6c:& Inyiting: Formal Bids.
c. Protect Specificltiotts.
d. Dro_.
a. Change Orders.
f. Bid.
g. Supplemenwy Canditior\l.
h. Genetal Conditiotls.
i. Standard Dr.awing& and Specifications (1992).
j. Certificate of Insurance, Performil\oC1l eor-.d, Labor & Ma1eric:ls Bond.
k. Affirmative Action Guidelines and Comprl8nce Report.
I. Other Specfflcations. or part thereof, not upressly iflcorporaled tn the Contract Specifications or
the Standard Drawin.gs and Specifications (19.92).
m. Any other document not expresslv mentioned herein which is i.$sued bv City or entered into by the -.
CITY of PAlO ALTO: Formal ContraC1lSample wlHAZMATI 161931 SEcnON 00500-1 of 7
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PART II • FORMAL CO'lTRACT SECTION 00500
4. CgmptQsztion. 111 con5ider~lion of Contracto,', performance ol its obll;itior\S hereunder, City sharl p,ay
to CCRUactQf me Imoum set forth ir; Contractor's Bid in &<:cordance with the provision,s o!' ttljs Contract
,.I')d upon the receipi of written inyoice-I and .n "ec:eS$ilry supporting documen~ti(m withoin the time set
forth in the Contnict Specification.5 and the Standard Drawings and Specificarions (1992), or, it no time
is.lU'te.:l. wtthin thiny (30) O.ys of the-dill1e of fee.ipi of Contractor'. in'w'o[cea.,
5. f!!I.~, On 01 t.lorl!! the Date of Execution. Conrraetor sha fI oblilin and maintain the po$lCKtS of
inlUl41n~ coveraoe deseribed in the NC1tice Invit.:ng Formal B!ds on terms and condititm.s and in amounts
as may be reouired by the Rtsk Manager. Cit; shan nat be obIigat~d to take out insurance on Contnctor's
pefaoml property or the personal proiPerty of Illy per.sOfl performi:'lg labor or services or supplvln; ma1erial;;
or equipment un.der the Project. COl1trKtOf .. ha 11 fumish City with the certificates of insurlince and 'With
DriQinar en40rsemenu .. ffecting co .... erage reQuired unde r this Contract on or befO(e the Dare of Execution.
The eenific.nfS and endorsements for ea<:h im.urance p'Olicy Ihall be $igned iDV I per,so" who"i$ It.lthorized
by tNt insurer 'fC bind coverage in its behait. Proof of in$ur~1Ince wll be mailed to the Pc-otect Manager
1D the tddrau nt forth in Section 15 of this Contract.
6. Indemnjfjgtipn. COI1U~Of a~ree$ to ~fOtect, defend, moemnify ;;r.d hold City, iu Cit>,' Council. members,
officera, 100 emploves harmless. from and against Illy and all claims, de mands., liabilities, Jesseii, damage .. ,
CO$U, .~s, Iie.f\S, per-oaltieli. 5-'Wits, or judQmenu., aris~n; i.n whott" Of 11"1 pal"' .... directly or indirectly. at
any time from &ny injury to Dr death of persons Of' damage to propert)/ as a res1l1t of the wiliM or negligent
act or 'Orni&sion of Contractor, or which results from Contr~or" s non-.:ompliance with any law r.spt.~"g
the condition. use. occupation Of ufery of cne Protect Site, or .ny part thereof. or whk:h Itfl$eS from
Contncte;r's failure 1:0 d.o anything required yn.rjer this Contract or fo," doing ."ything wtUct\ Ccmttactot is
requited not to do under this Contract. Dr which ,rises from conduct fDf which any law impo$8$ .strkt
liability on ContractOr in. the perfomtanee Df or faill,J(e to perforP'l the terms and conditions. of 'dtis Ccmtl1lct.
except U may ansa from the: sole willfvl or negfiglmt Ole! Of om ission of City or any Of tts City CouncIl
member1. officers, or empJoyees. This indemnification snan extend to any and all claims, c1emandli, or rtens
made or filed by ruson of any work performed by Conuactor under this Contract at .a"'Y time during the
term of mil: Contract. ar .arisif'lg thereafter.
Contract:Dt further .~V ag:rees 10 protect.. iockImnrtv. hoJd harmless ,na defend City. its City Council
members. DfflC8l1i and employees from and against any aM,D claim.s, dem..nds. liabilities. losses. diunages.
COSts. e)q)8ftUs. &ens, penalties, .suits, C)( judgmantt CITY l'i'lay incur, arising in whole or b'I part in
eormeetioo with or as a resuft of Contractor'.s acts or omi!,510ns under tt1ls Contract. under ttle
Comprehen&ive Environmental RespDIlS8, Compensation .and Uab~ity Act 142 U.S.C., tli9601-75, as
amend6cfl; the Resource Con5e!"Vation ,nd Recovery Act 142 U.S.C., BS90'~82, ... amended); 'tile
Clrpenter-PresJey·T.anner Hazardous Substance AC!:ount Act (He.lith & Sat. Code. t 115300-25395, as
arneodBd) the Hlzardous Waste Conuol Act Oiulth & Saf. Code. U25TOO--25250.24. as amended]; the
Saf. Drinking Water and Taxies Enforet'm9nt ACt (Health &. Sat. Code, Ii 125249.5-25249. 'f3. I-S amencfed);
the Underground Storage-of Hazar doul Substances Act [Health &: sar. Code, 112 5280-99 .6, as. amndedl;
the tielardous &.rb.tan(:e Account Act tHeal!h &: Saf. Code. U25300-95. u amended); the Toxic
Sub~" Control Act 115 U.S. C .• lIi2601·71. as amended); or "'ndar .any other Ioal. sta1e or fedeiOilr
ordinance or SUMo, or 11 common law.
7, Assymptipn pf Risk. Contractor a;ree.s 10 voluntarily assume an'll and alT risk of Joss. damag .. , Of injury to
the property of Contractor whlch mil., occur in, on. or about the Project ,ite ~I ,nv 'time lind in anv manner.
iJCcePting such 10$.1. injury. or damagoe u may be caused by the sale willful or negli~nt act or omission
of City 01 any of its City Council members, officers. or employee:;,
CITY of PAtO AlTO: FOI'rnaJ Contlllct JSample w/H.AZMATJ ~6f93l SECTION 00500-2 of 7
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PART II -FORMAL CONTRACT SECTION 00500
8. ~. Tna acceptance of any P<lyment Of :;JeriormancG. or any part ther80', shafJ not operate (t,S. waiver
by CitY of itt rights ullder this Contr.aC:L A waiver by City of any breach of any part 01 provision of this
Contr.lct bV Contractor shan not operate as. waiver or continuing waiver of any &ubseQLU!m: brucl'a of the
same Of any other provi~on, nO( shall any CIJSlOm or pracrice which m;ily arise between the p.a!'tiu in the
administration of ilny p.1rt or provision of this Contract be COOSU\Jed i#J waive or to lassen the right of City
to insist upon the performance of Contractor In strict compliance wilh the covBnants, terms and cond"rtions
of this Contract.
9. CompOan,!!! witt1 Laws. Contractor shall comply with all La ...... s now in force CH which may hereafter be in
force pertaining to me: Project and Work and thi$ Contract. with the reQtJirement of any bond or fire
underwriters Of othe, similar body now or hereafter constituted, with any (fiscrtttionary ficBIlse or pertnit
tssued pursuant 10 at\y uw of any pubrlc agency or official as well as wltn an'll provision 01 iI)l recorded
documents affecting ma Project sitt!, insofar as any are r'Quired by reason of the use Of" occupancy of the
P10ject sile, and with an Laws pertaining to nondiscrimination and affirmative lelien ill emploYment and
h.azardous matlHiill..
10. ~. As.3 condition precedent to City's obligation fO ply compensatiOll to Conrractor, and on or before
'the Oate of ExKU1ion, COf"luactot shall furnish to 'the Project Manager me Bonds as reQu·rn,d undBr me
l\Iotice Invitino Fotnull Bids.
'f 1 • Bep!Blenqtions. and Wirramtfls. fn the supplf 01' an 'oJ rnaterials and eQuipment and the rendldring of labor
and Hrv1cN dUr1f'og the course-and scope of 'the Proje<::t and Work, Contractor fepruBnts an(I warrants:
a. An., materials and f;Quipmer.l .,.,hich sha!l be: used during the course and scope of tt. Project and
Woric. shall be \'eSted' in Contractor;
b. Any materials and eQuipment which shall be used during the course and scope of the Project and
WOftt shaI1 be merchan\able and itt to be u~ fat the ~nielJlar purpose for whid1 the materials an
required;
c. Any Labor and Mrvtce& renderttd and materials and eQuipment u$ed or employed during ttle course
,nc! ~ope of tile Project 8"d Worir. shal1 be free of defects 'f"I workmaMhip fOf a period of 'One (,)
year orfter the recordatiQf1 of the NotiCf! of Substantial Completion, or, if no such notice is required
m be filed l en the date that fonal p~'tm8nt is mi!1!e hereunder;
d. Any m8!'\ufacturer' a. warranty obUiMd bV Ccntractor shan be obtaIned or snan be deemed obtained
by Contractor for and in behalf of Cry.
e. AnV infonnation submitted by Contractor prior to the award of Contr.JC1,. 01 thereafter, upon
,-&quest. whoeth'"' or not submir..ed under ... continuing ob.liga'tion by me terms of the Contract t(). do
&0. is tnMI and C;:OfTect on the time such iIlformation is submir..ed or made lViUlable to d'le City;
f. CPntr.JctOf has !'lot co!luded, consJHred. or agreed, directlvor indirectly. with itlrw person in regard
to the tenns "f"Id wnditions of Contractor's 6{d. except as may be permitted bv '!he Notice 'n\lrun;
Formal 8id.s;
g. Contractor has the power and authority 10 entl3:r into thi.s Contract with City, that the individual
exacuting this Contract is duly a\Jtt",orized. to ~() so by appropriate resolution, and lhat this Contract
CITY Of PAlO AlTO: f'Orrn;!!lll CotltntCt (Sample wlHAZMATJ (6/931 SE-:TlON 00500-3 of 7
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PART II • FORMAL CONTRACT SECTION 00500
shill be exacutilc, deli\lered and performed purs.u.;nt to tt1~ poWfJr .and aLlthcriry conferred upon ttl,
per'Sar. or ~ons ~thorized to bind ConUQctor;
h. CootracUlr ~. not made an attempt to exen undue infiu",nC8 with the 'Purchasing MallaQd'r or
Project Manager or anV other peroon who nas directly contributed to City's decision to award the
contract to Contractor;
l. There at'! no iJl1tesolved ct.irns or dispLJ1es between Contractor and City whiCfl would maternany
affect ~tr.actor':I abtlity to perform under the Conuact;
j. CDtttraC10r "&5 fumshed and 'Nill fumish trve ;Ild ,ccu/ale stat9ments, records, reports,
resoJutions, c;.ertJficaDons, :,;"d ottl8f Wfitt,.n information as may be requested of Contractor by CIty
from time 10 time during the 1erm of thi.s Co.mact;
k. Contractor and ilIny pe-rson perf.orm(nQ labot and .services under this Project is duly rl(:ensld IS ..
contractor with the State of California as rGQuired by C<llifornia Eiusineu &: ProtessiOrl$ Code.
Section 1028, as ,mended; and
i. Con~ has run.,.. ex&mined and msDected the Project site ar.d has fun iknowlrtdge of the phvsicar
c:andhions of ttl. Project sitt!.
12. A.Hlgnm,m. This Contract and the (78I'fcrmance 'flQuired her~under is personal to Cootr'ilctor. and 'it &hall
not be 8u4gned by Contractor. Anv mempttd I$signmCMt shall be nulT Ind 1;'aid.
13. Cleirru; pf Contractor. All claims pert.lining to extra work. additional cha"Q8S. or delavs within the Contract
Twne Of' other cflSPUt8S arislAQ out of me Contract shall be SlJbmined bv Contractor to City in wrtting by
C8I'tHied or regi$';;ered Il1all within ttl" flO, Day .. ilfter the claim arose or within 5UCr. other time H may be
parmi'tted Of required by law. and shaJI be described in SUffiCient detail to gilf8 edequate :notioe of the
aubs1ance ot the ct .. im to City.
14. A!!"tts by QCv. Outing the term at this Contract and for a period of not Jeu than three (3) ye.ar1 after the
expJration Of eartier temUnat:ion of this Contract. Cttv shaft have the right to aual1 Contractors
Proiect-reiated and Work-ralated wrFtings a.nd bu6iness records. as such terms ar1!l defined in CafifOftlla
E'I4Oenc:e Code Sections 250 and 1211. is i1fT\finded. duri~ the reglAar business hours of C<>r1t1iictOf, or.
if ContnICtOl' has no suctl twur.s. duti,'g the regular business .. ours of City.
1 S. ~. An: agreel'l'\ents, ~ntments. approvals, autf'loriuuic·n.s, claims, demands, Ctulrtge Orders,
COn:sent5, designations, notices., offers, reQuests and :stitementS given by either party to the other shan be
in writing and .shafl be sufficiently giv.n and served' upon the other party if (11 personally served', 12l .sent
bv the United SUW mail, postage prepaid, (3) sent bV pri1;'Clte express. deitvery service. Of" {4) in the case
of a. faet.imile transmiSsion. rr sent to the te~ph::mlit FAX number set forth below durin; r~ular busine$$
hour&. of the recel'loling party and' ronowed within two (2) Days by delivery of a Nrd copy of the material
sent by facsimile transmission, i.n accordance wrttI (1). (21 or 131 above. Personal Mn/H::e shan include.
witI'lout limitation, service by delJvery and service by facsimile tran.smissioll.
CJTY of PALO ALTO: Formal ContractlSal'T'Ple w/HA2:MAT) {SlSJI SECT!ON 005Q0-4 of 7
PART II -FORMAL CONTRACT
To City:
C~10:
City of Pa 10 Alto
City Clerk
250 Hamih:on Allf!nue
P.O. Box 10250
Palo Alto. CA 94303
City of Palo Alto
Department of PUBUC .... URKS
2:50 Hamiiton A loIenui'
P.O. Box 10250
Para Afto, CA 94303
1415).tn-496-6920
fAX 14151:128-495-g9j8
SECTION 00500
ATIN: Project Manager '01' Project. Karen Smith
To Contractor: Jonathan W. EGquist
ANDY'S ROOFING COMPA.."i.Y. I);C.
140 s. Whisman Roa~
Nountain Vie .. '. CA 9.4041
(ill) 95; 2789
FAX: till .. 9,,6 ,-7 -;;,?",7,,4,,1~ _____ _
ATTN; Jonath::ln W. Enquist
16. Apprgprjatfgn gf City EU!'!4s, Thi5 Contract Is subteCt to the fiscai "revision$ of Attic:le III. Section '2 of
the a.t.r of the City of Palo AJto. Any charges heretmder for labor, services, materials and equipment
may acc:rue onty after .such expemfrtures hiiwe been approved in advance in \'writing in lICCO!'~ with
appUcabIe. Laws. Thil Con~ s:hail terminate wTthout penalty m at the end of any fiscal VAl' m me ~ent
that funds lTe not appro~~ttld for the folk>lI'Iing fisCCilI year, or fiil at any time-within a fisea.I yn.r in the
,vent that funds are ontv apPfOpliated for a portion of the fiscal Ye<lr and funds for this Conua...,. are r.o
tonger Ivailable. =This. S&Ction ,6 shall control in thtl event of .. conflict wittl any other provWon of this
ContrilC't.
17. MigeJ!aneow; •
.a. 8ailee Oi&claimer. The ~arties understand and agree that City does not purpon to be Contractor's
bdae. and City is. "therefore, nOI respOnsible for any d.amage to' the personat property of
~O<_
b. Consent. Whenever in this Contract the approval or consent of Ii: pany is required. such approv,r
or consent shan: be i.., writing end shall be executed by iI person having the express iluthority to
grant .uch apptova! or consen.t.
CITY of PALO AlTO: ForlT".aJ Contract (Sample wrliAZMAT) 16/S3) SECTION 00500-5 of 1
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PART II -FORMAL CONTRACT SECTION 00500
c. Contrclrtng Uw. The parties itllree ttlat this Contract shall be gOlolern-ed and construed by and ir;
accordanu wi'th the Laws of the S"ate of California.
d, Oefmitions. The definitions and terMS s;et fortl"i in Set:tion 1 of the Stand~rd Df'iwtn~.3 and
Specificatio(l.s l' 99"21 of this Contract are incorporated herein by reference.
•. Force Majeure. Neither partY shall be deemed 10 be in defa LIlt en BC':OLJllt of .any dela,. or failure
10 perform it$ obli;ations un.der this Contraet which dlrectlv results f'om an Act of God or an act
of , superior govammental authority,
f. Headings. The paragr.il9h headings are not iI part of ttlis Contr~Ct arid shall nave no effect 1.I~on
the con$tNcUon or interpretation of any pan of this Contract.
G. IneotPOf'&tion of Oocum91"1ts.. All Qocumenta constiNting the Contract documlmU described in
s.C'60n :3 hereof and all docuITlfints which may, from time to rime, be referred to in anv dulV
l»18Cuted amet'odment hereto 31'& by such re1'ere('oce ir,corporated i('o this Contract aM atla" be
~&med to be part of this Contract.
h. Integration. This Contract and any amendments herSIO batween the parties constitute the entire
agreement. betw84Jn tne pam&s concerning tl'le Project and Work, and th&re ;a,rg no other prjOf'" onl
or written agreements between ttl. ~aniu Ihat are not incorporated in this Contract.
i. Modification of Agr88mflnt.. This Contract shan not .be; modified or b8 b'ndinc lIpo1l the p.;1Imes.
unl", such modfficstior. ~ a.greed to in writing eM signed bv 'the ~rties.
i. Provision. Any agreement. covenant. condition. clause, qlJalificatiOn, restriction, feser'l4ltioo. tmrm
or other &tipuJation in me Contract s!\all define "r otherwise cor'\UoI, estilblish. Of nmn the
partocmaoce tequir~d ~ J)fIrm~ or to be f9Quired of or permitted by either party. A\'I. provisions,
whetIler GoverHInts or ccnditioni~ Shin be deemed to be bath covenants and cotJ.d'"ltions.
k. Aasoh •• 1ion. Comractor.sNIt.au.bmit with its Bid a coPV of any COfPOrid8 Of partnership resolution
Of othar wrttir\v .. ~ authorius. any director, offiCflf or othef emplcva. 04' I)I:rtner to act.Qf" or
in bahati of ContractOr or which authorizes ContraC1or 10 entar into thi$ Contract.
!. SeYfiralwlf'[y. tf .. coon of competent jurisdiction finds or rules that liiny provi~on of this eo..uract
is void or unenfor-;eable, me provWons 0' thi$ Contract not so affected .shan remain in fu(\' force
an4 effect.
m. Status of Contractor. 1.0 ttle exercise of right5 and obligations under thil Contract... Contr1ctr)( acts
as an independent contractor and not as af'! ager.t Oi employee of Oty. Contractor shan not be
entitf6d to any rights and benefIts accorded or ac(:fuing to tM CitY Co~ncN members. offic8f'S or
lfIlpk>yeei of CitY, and Contrillctor expr8$$1), waives iU'l), and a9 c1<iiil\$ to such 'rights atld benefits.
fl. Suecesscrs and A",gns. The provisions of .his Col\tract shan inure to the btlnefit of, and shall
apply 1:0 and bind, the successors and as.si~lls o~ the parties.
D. TIl'ne of the Es5ence. TIme is of the essence of this CorIttact and each of its proltlisions. In the
calculation of tima hereunder. me time in which an act is to be performed shaG be computed by
CITY of PAlO AlTO: Formal Contract lScimple wI'HAZMATl 161931 SECTiON 00500-6 af 7
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PART 11 -FORMAL CONTRACT SECTION 00500
excluding the first Day and incil,fcfing tl'Ht last. If the time in which an act is to bIJ peritnn8d faits
on a Saturday. Sunday. or itnV 0&\1 obs;erved a.s a legal halide..,' by City, the time for perfonnance
.INII be el(fe:l<$ed 10 tile followil'lg Bus.ir.es.s Day.
p. Venl.'f!. In the event that $uit is brOlJght by either party hereunder, the panies allree that tria, of
such actiotllihall be vested exclusively in tf',. state courts of Caiifornia irI the County of 5<lrru Clara
in the City of San Jose or In the United States District COUrt for tt-ae Northern Di$trict of C.lifomia
in the City of San Jose.
Q. ReCOYflry Cif costs. The pre .... ailing partY in any action brought to enfetell the terms of mt, Contract
Of'" arising-curt of this Contract may r6r;ovet its reasonabfe c-os~s, ir.cluding reasona~ attorney's
feBS, incl,ured or expended Ln cor.nection with such 3'ction agains.t the non-prevailing pany.
fN WITNESS 'WHEREOF. ttle parties hal.l8uecured this ContrClct 0{1 the d!lre first abol.'& .stated in Palo Alto.
Caltftlmia,
CITY OF PALO ALTO, CALIFORNIA
By: ______________________________ _
City CJeri< Mavor
APPROVED: CONTRACTOR, ____________________ __
~:------------------------N,mo, ______________________________ _
~ 01 Public Works T' •• , ______________________________ __
Dmtct:cr of Finance Taxpaver I,D. No. ______________ __
Risk Manager
A?PROVED AS TO FORM,
Sernor Assistant City Anorney
END OF SECTION
CITY af PALO ALTO; Formal Contrlct ISamp'a wIHAZMAT) 16/93) SfcnON 00500-7 01 7