HomeMy WebLinkAbout0528.093,-
october ',. 1,993
THE HONORABLE CITY COL~CIL
Palo Alto, California
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Awa.1"d 0:( Contract tor East Bayshore goad Sanitary Sewer
Rehabilitation Project
Members of the Council:
Report in Brief
This report requests that Council a~ard a contract in the amount of
$353,570.00 to Mocon Corporation of Portland, Oreqon for
construction and rebabilitation of the East Bayshore Read Sanitary
Sewer between the extension of Amarillo Avenue and Embarcadero
Road. In addition, staff recommends that Council authorize the
City Manager or her designee to execute one or more chanqe orders
to the contract. with Mocon Corporation of Port.land, Cregon "for
additional related, but unforeseen worle. The value of these change
orders Shall not exceed $51,OQO.OO. Funds for this project vil~ be
taken from the FY 1993-94 Capital Improvement program Budget for
Wastewater Collection System Rehabilitation/Augmentation.
Background
The exi&ting 15-inch East Bayshore Road Sanitary Sewer between the
extension of Amarillo Avenue and Embarcadero Road is in poor
condition and has very limited access for maintenance. Tbe
proposed project will ensure the future integrity of the East
Bayshore Road Sanitary Sewer by lining the existing 15-inch pipe
with a CUred-In-Place Pipe (CIPP). Additional manholes will also
be installed to improve maintenance access. The proposed p~oj~ct
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also includes a new parallel a-inch Vitrified Clay Pipe (vep). The
new 8-inch VCP line will be constructed to collect effluent from
the existing service laterals along East Bayshore Frontage Road.
The transfer of the service laterals from the 15-inch CIPP to the
new a-inch VCP line will increase the remaininq capacity of the 15-
inch CIPP trunk main~
Projest Description
The project involves the r-ehabilit.;;tion of the existing IS-inCh
wastewater main by the installation of 1546 linear feet of CIPP
from Amarillo Avenue to Elnbarcadero Road. A new parallel 1352
linear foot 8-inch VCP line will also he constructed as part of the
project. This new 8-inch VCP line will service the existing sewer
laterals that presently drain into the existing IS-inch wastewater
main on East Bayshore Fr~ntage Road. The addition of the new B
inch vcp will increase the remaininq capacity in the rE!habilitated
IS-inch CIPP trunk main~
Bid EValuations
The project was sent to at least 30 contractors for competitive
bid. Bids 'Ware received from four (4) qualified :bic1c1ers on
September 14, 1993, as indicated on the attached bid summary. The
bids ranqed from a low of $353,570.00 to a high of $535 1 814.00.
The Engineerls estimate was $438,335.00.
The lowest responsible bidder was Mocon Corporation of Portland.
Oreqon. Staff rinds the low bidder to be qualified to perform the
work.
Environmental Assessment
As part of the Council approval of the 1992-1997 elP, this project
received a negative declaration and no further environmental reviev
is necessary.
Recpmmendations
Staff recommends that Council:
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1-Authorize the Mayor to axe cute a contract with Mocon
Corporation o£ Portland, Oreqon in the amount of $353,570.00
for East Bayshore Road Sanitary Sewer Rehabilitation Project:
and
2. Authorize the city Manager or her designee to negotiate and
execute one or more change orders to the construction contract
with Hoeon corporation of Portland, oregon, the value of which
change orders shall not exceed $53,000400~
Respectively Submitted,
EDWARD WU
/1 . Senior E~nqineer
EDWARl'J, ZEK
Director of Utilities
BERNARD ", STROJNY
Assistant city Manager
Attacb.aents:
CIIl10528.93
Proje~t Location Map
Bid SUlIImary
Contract
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PART II -FORMAL CONTRACT
CONTRACT
This Contract. cia'te<f _______________ , is emered into by and betw~en the City of
Pm Alto. a municipal corporation of 'the Sta'te of Ca[lfo;"i~ f"Citv") . and _ .. _------____ , ("Contrilctor"',. wh('lse
Ta.xpayef Id,..,tificO)tion Number is _________ _
For and in considetaticn of thefoilowing CO'lenilnts, terms and conditions.. City and ContraCtor i· the parties")
i!lgree:
1. ~. This Contract shan commence on, and be br,...dif'lg 011 the piirties on, the Date tlf E)(ecution of thiS
Contract,. arid shill1 eJCpire Or'! tN <Uite of recordation of the Notice of Substantial Completion, or, if no such
notic.t!t is rttquired to be fil4td. (.In the date that final pavm.ent is. made her-!under, subiect. to the earlier
termination of this Contract.
2. G,ogrjtl $copt of Project and Work. Contractor shall furnish labor. services., materials llnd eQui?metit in
eonnllKtioo w1th the COfl$tnlction of the ProjeGt and complete the Work in accordance wfth the co· .. enarns.
t&rms and conditions of this Contract to the msfaction of City The Project and Work. is lleneraf1y
descnOed u toJlow.s:
Title: EaS! BnshOlJ! Rgad Sanitary Sewer Rthabijjtatipn p,Pji:" NO.:
~6d'$ ______________________________________ __
Add Ahernates (11 any); $ __________________ _
To,," 9id $
3. CPntract Documents. This Contract v.a11 consist of true-document!!! set 'forth below, wh;ct.. an 011 file with
tf\e City Clerk and are hereby incoJrpor3rec:l by reference. For the p".Jrposes of Cf>.'lstn.Jing. interpretinq and
resol .... ing inconsistencies between the provisions of this ContrOfCt,. theH docufT,e"nts and me provisions
thereof .are set fooh in the fcllo~ng descending Otder of prltCed4:lr1Cit.
a. This Contt4!ct.
b. Notice Inviting Formal Bids.
c. Project Specffications.
d. Orawfnq!.
a. Change Orders.
f. Bid.
g. Supplemef\Ury Conditioos.
h. Gener-.,aI Conditions.
i. Standiird Dfawings and Specifications 119921.
j. Certificate of lnsul1Ince, Performam;:. Bond, Labor &. Materia1s Sond.
k. Affirmative Action GU~!t118S and Com~iance Report..
I. Other Specifications, or p,iln fh.ereof. f'K)'t express!., incorporated in the COl1traC1 Specificatiotls or
the Standard Drawings and Specmcatioos (1992}.
m. Any other docu!T\ef'ot not expre",y mentioned herein which is iss.ued bv Ci~ or entered i!)~o by \he
I=larties.
CITY of PAr.O AlTO~ Formal Contract (8f931 SECTKlN 00500-1 Q~ 7
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PART II -FORMAL CONTRACT SEC nON 00500
4. Compensation. In eonsiderition of Contractor's performance Df its oblill'ations hereunder, City shali pay
to Contractor the amount set forth in Contractor's Bid in accordance With the provisic;)s of rhls Contrite!
and upon the receipt 01 written ir.-voices and' .. II necessary supponing dOcumentation within the time set
flJrt:f'I ifl the Contract Specifications and It'le Standard Drawings and Specmeat/ons (1992" or, if (;0 time
is stated, within thirty {301 Days 01 the date 'J1 receipt of Cor,:ractor',S invoices.
S. InsHrance. On '01 before the Date of hecution, Contractor st'lalT obtain Clnd maintain the pondes of
in;surance cc;yera~ described in the Notice Inviting Formal Bids on tarms and conditions and in amounts
as may be required by the Risk Mitnager. City shalf not he obr-gated tQ take out insur.nC'e on Contr.clar'.
personal property orthe personal property of any person performing labor or services or supplying materials
or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with
origmal andOlSE:ments meeting co· .. er~e raQuired under thi.s Contract on or before the Dilte of Execution.
The Cf!f1ificatas al1d endors~ments for each insurance poficV shall be signed by a person who is authorized
by that insur9r to bind co ... erage ir. its beiI.alf. Proo1 of inSINancii shall be mailed to the Project Manager
to the address set forth in Section 1 5 01 this Conlract
6. lndemnif1~. Contractor agrees to protect, defend, indemnify and hold CiW, its City Council members,
oftie8fS, and emplovees r-oarmless from and .;:gainst any atld all claims, demands, 'iabilities, losses, damaliles,
costs, flxpenSe.s, rl9ns, p.lJnalties. suits. or judg:ments, arilsing ir whole or in ~art. dir&c1ly or indirectly, at
any "time from any injury to or death of persons or dama"e to property as a resuft of thf!' willful or negfigent
act Of omission of Contractor, or which resufts from Contractor's noncompliance with any Law respeo:ting:
the condition, use. occupation or safiltv of the Protect site, or any part thef'eo', 01 which arises from
Con'tT'lClOf"'s failure to do anythirlg required under this Contract or for doing anything. which Contractor is
reqwed not 1c do under this Contract or which anus from conduct for which any Law imposes strict:
liabtlity on ContractPI' in the perfOf'lTlance of Of faOOre to perform the terms and cOn<fmons of this Contract
except IS may arise from the sole wilH'~ Of negJioent act Dl' omission of City or any of its City Couneij
members, officers, or employees. This indemnifICation shan extend to any and all cfa-ims, demands, 0( liens
made or-filed by rhson of any work. periOf'med by Contractor under mis Contract at any time during the
tBm1 of ttl,. Cofltrac:t. or arisinf,ltneruftef.
COftttactDt furttler expressly agrees to protect,. indemnify, hold harmless and deflQnd City, Its. City Counc~
members, officers and empioyfis from and against any and all claims, demand6, riabiTrties, losses, damages,
COsts, expen&6.S, liens, p!rliltius, suits, or judg:ments CITY may incur, ariSing in whole or in part in
connf)Ction with or as a r&sult of Contractor's aCts or omini-ons under e,is Contract, under the
Comprehensive Environmental Response, ComPMsation and Uability Act [42 U.S.C., U9601·75, as
amer.d~; the Resource Conservation and Reco ... ery Act (42 U.S.C., 116901 ·82. as amendedi; tt'le
Carp$flter~PreS:ey·Tanner Hazardous S~bstan~ Aceount Act (Heafttl & Sal. Code, I 1253QO...25395, as
amended) the Hazardous Witste COfItrof Act (Healtt! & Saf. Coo., I t251OQ-25250.24, as amended); the
Safe OrinlOng Water and TO)(ic.s Enforcement Act (Health & Saf. Code, 1125249.5-2524.9.13, as amended);
the U~rotmd Stcrige of Hazardous Sub.stancesAct (Health & Saf. Code, t 125280-99.6, as amended];
the Hazardous Substance Account Act n-1ealth & Saf. Code, U25300~95, as amended); the Toxic
SubSUm:-es. ContrOl Act l15 U.S.C .•• 12601 ~71, as arm!nded); or 'Under anv othf':( local, state or teC'eraf
oraJOance or statute, Of at common law.
7. Au.nmption of Risk. ConbiJetor agrees to ... olunt.ar~y assume &ny and an risk 01 less, dama!;;e, or injury to
the prop6lt\l of Contractor which may occur in, on, or about the Project site at any time and ill any manner,
eKCepting .suctI loss, injury. 0( damage as may be cau.sed by the sofe wtllful or n~figoent act or omissioo
of City or any of its Cit; Counciil membefs, officers, or emp$oyees.
CITY of PALO ALTO: Formal Contract (8/931 SECTION 00500-2 01 7
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PART II ' FORMAL CONTRACT
s. ~, The acceptar:ce of any paym'!tnt o. performance. or any part th'Oireof, shall not opel'ate as a waiver
by Cit]! of its rights. under this Cor.tract. A wai\l'et by Cit), of an)j brea(.~ of any p<ln or j)fovis.ior> of thi::.
Contract by Contractor shaM nat operate as 3 waiver or continuing waiver of .any !;ubseQuent br~acn of the
sam& or In" other provision, flOT shall any custom or pr9ct~e whjch may aris.e between the parties in the
admirlistration of al1y part Of' pro .... ision </f this Contract be can5irued to ...... aive!)f to ies.!.en the right of City
to insist uport the performanell!!: of Contractor in strict <;lJmD[\ance with tha CO'leMnts. terms <Lna conoltions
of this Contr;iC t.
9. CompJiant8 with law,. Contractor shan comply with an Laws now in iorce Cf which may hereafter be in
force perta:f1ing to tf'le Project and' Work iilnd this Contract, with Ihe raQ(Jirement of any bOnd 01 fd.
undarwrit6rs or other similar body now Of her&after constilut&d, with at1y discretionary license Of pennit
is:lIL!9d pursuant 10 any! _ClW of any public ~ncy QI' official as well as witT! a ny prOvision of all recorded
docum4!:nu affecting the Project site. insofar as a~'t" are reqlJif1!d b'l reason of the u.se or occupancv of the
Proiect sit!!, 8nd with all Laws pertaining te nondiscrimination and affirmC!til,le action in employment and
hazardous materials.
'10. §Q£!2.i. As a conartion precedent to City's obr.ga!ion to pay compensation to C"ntractor. alld on or befor.
me Date of E~on. Contrac:tcr sh.;.tll furnish 10 the Project Manager me Bonds as reQuired 'Under the
Nt:rtJce Inviting FoImtil Bids.
T 1 . ReQ!JIHntations and Wlrranties III the supply of any materia Is and equipment and the rendering of rabor
and !e(YiCN durWgo tf'!e COUfs.e and scope of the Project and Work, Contracto-r represents ",nd warrants:
a,
b,
c,
d,
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Anv materials Md eQuipment which shall be used during tM cour.se and scope of the Project arld
Woric: .shall be vested in ConttactOl;
Any materials and equipmem whicf"t shall be ;J$ed during the course: and ~ o~ the Project and
Work. shaD be I'Tlo8f"Ch;antable ar.d frt to be uAd for th$ partiCliJar purpose for' wtuch the materials are
raquired;
Any labor and services rtlndered and materials and' equipment used 01 £Improved during tile course
and scope of the Project and Work $hidl be free of d&fects: in INOri'Jn.n.ship for or period of o.,e ,1 I
year after the rt!C1lrdatlot1 of the Notice of Substantial Completion. or, If no such I'lOtice is required
10 be filed, on the <late that final pavment is made he~nder;
An.,. manufacturer'S warranty obtained by Cootractol shan be obtained' or .shan be deemed obtained
by Contractor for lind in behalf of City.
Any information submitted tv Contractor priOf' to tile award of Contract, or thereafter, upon
request. whether or not submltted under a continuing oblig:;ition by tile terms of the COrltract to do
SO, is true and correct at the time $UC~ information is .submitted or made ."v."itable to the Citv;
Contractor hCIIS flot col1uded, conspired, or .. greed. directly or indirectly. with _my person ~ regard
to thct terms and conditions of ContractOJ's Bid. except as may be permittf::d bV the Notice lnv'lt'lng
Formal B+d.s;
Contractor has the power and authOliry 10 enter into this Contract with City, that tne individual
exec:util'lO this Con.tract is duly authot'i.zed' to do $0 b'l appropriate r4l'&otIJti\)n, an<S that tnis Contract
CITY of PALO ALTO: Fotrnal Contract (8/931 SEC1ION 00500-3 of 7
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PART" -FORMAL CONTRACT SECTION 00500
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shan be e)lltCut~d, delivered and performed pursuant to the power and authority cooferred upon the
person or parsor\! autholizec' 10 bind Contractor;
Contractor has rt01 made arl attempt to exert undue infTu-ence wilh the Purchasirtg Milnall'er or
Project Manager or anv other person who has o'lrectly contributed 10 City', dedsion to award t.!le
contract to Contractor~
i. Thet!!ot are no urltes.olved claims or Otsputes between Contractor and City which would materiany
affect Contractor's abillry to perform under me Contract;
j. Contractor has furnished and will furnish tnJ& and accurate statements, records, reports,
re.so.'vtions. certificatoo.s, and other written information illS may be requested of Contractcr by City
from time to time during the term of this Contract;
k. Contractor af')(f any pet$On performing fabor and services under this Project is dur)l iic~nsed as a
contr'actOt witt! the State of Califomia as (sQ'uired by Caf;tomia Business & Professions Code
Sectiol"l 7028. as amended; and
l ContrilCtO( has fully examined and inspected the Proj~ site and has tun knowledQe of the ph\,~al
cOl'diti()rl.s of the Project site.
12. Auipnmilflt. This ConttiJCt and me. parforma;nce required hereunder is personal to Contractor. iind it shan
f'IQt be as.sjgnad by COI1'tritCtOf'. Any attempted assignment shan be null and void.
13. Claims of Conlrictol. An cfiims pertainiflg to e~a woric.. additional charges, or delays within the Contract
Tame or other disputes arising out of the Corlttact shan b& submitted by CO:"ltracror to City in writing by
certified Of" registered maN within ten 110J Days after the claim atO$$ Of within :such other time M may be
pennitted or required' by law, and shalt be dHCtibed ijn sufftCient derail to g:iY8 adeQuate notice of the
substartce of "the claim to cav.
14. AudIts: by City. During the term of 1his COntract and for a period of not less than three 1"31 years after the
expiration or earlier termination of this Contract. City shalf f\ave the right to aw:ff( ContractOr's
Project-rei8ted Md WoriI:-felated writings and bl.!SillQ.S. records, as .suc" tarms are definea' in !:a!iform..
E~ Code Sections 250 MId 1271, IJ5 ilm&f1ded, during the regurar business hours of ContriICtcr. or,
if Contr.tctOf has no such hours, during the 18g(Jlar busines5 hours of City.
Hi. ~. An ag;re&ments, ilppointn'li!!nt!. approvals, au:thoriution..s. claims, demands, Change Orders,
eon.senu. des}gnations., notices, offers, requests and statements given bV either party to the other shall be
in wricing and shaU be suffICiently gmrn and.served upon ttle other party if 111 pers~nanv served, (2) sent
by the United States mair. postage ptepaid, (3) sent bV private 8'xpress defivery service, or (4) in the case
of,a f.acs-imJle tran.smis.s;ion, if sent to tn. t.p~ne FAX number set forth below during regular business
hours of me rac:eiving party and followed wfthin two f2} Davs by deli\lery of I hard copy of the materiar
sent by f.illC$imile trCJfQ.mi.s.bon. in li(:cordilnc:e with OJ, (2) or (3) above. Per$OIlaI service s~an include.
without limilation • .servke by delivery and serviC41 by facsimile transmi$$ion.
CITY of PAlO At TO~ Formal Cont(aet (8193) SfcnON 00500-4 of 7
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PART II • FORMAL CONTRACT
To City,
Copy to:
To Culuac:tOf:
City of Pa 10 Arto
City Clerk
250 Hamifton A\l8nUe
P.O. Boll' 10250
Pilla Alto, CA 94303
City of Paro Alto
De?anmen! of UTILITIES ENGINEERINJL.
250 Hilrl,jlton Avenue
P.O. Box 10250
Pillo Aha, CA 94303
('1 S) 329-212e
FAX: '4151329·~~.
ATTN: Projilct ManaQer. Mr. Edward Wu
W-{;·W Utilities Er1g'IOleU3r1ng
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F,<k <-.1 _____ _
ATIN, __________________ _
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16. AppropriatiM of City Ftlnds. This Contract is subject 10 the fiscal ,provisions of Article III. Seclion 't 2 of
the Cha~r of the City of Palo AJto. AnV c:harou hereunder for labor .. ser,(tc:ItS, maft'lrials and equipment
mAy accrue onfy after such e~ltUres t\ave been approved in ad'vance in writing in iitCcordar.ce with
ilPPfK;abJe Lav."s. This Contract shan terminate ..... ithout penalty m ... t the end of any fiscal vear in the event
that funds are not appropria1:ed for the foOowing fiscal vear, or (ii) .at any time within a fiscal yeill'" in the
eyent that funds are ooly apPfOpriated for a poW;)n of the f!SCar year and funds for t'li$ Contract are no
longer ava~~. This Sa.."lion 1 S shall control in the event of a r;;:onfJict with .m)! other provision of th's
CoIltrar::t.
17. MjsClU@neoU$,.
a. Bailee OiscJaim8l. The panies understand and agree that City does not purport to be Contn!ctor's
bailee, and C'rty is, therefOf'e, not respons.ible tor any damage to the personal property of
CorrtritCtOl" •
b. COruet1t. Whenever in !hit> Contract the approval or consent of a party is required. such iJlproval
Of COO5ent sha" be in wrrting and shan be 8)(8CUled by a person having the express authorirV to
grant such apJ)rOvar or consent.
CITY Gf PALO AlTO: FOfI'T'IaJ Contract 18/931 SECTION 00500-S of 7
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PAlIT 1\ -FORMAL CONTRACl" SECl"ION 00500
c. Control1illg law. The parties aQ(H thet this Contract ShClII be go ... erned and construed b.",nd in
accordance with the Laws of the State of Califofnia.
d. Oefinttions. The definitions and terMS set fQrth in SectiQn 1 Qf the Standard Drawings. and
Specifications {i 992) of this Contr.lC""t are incorporated herein by reference.
G. Force M$ur4l, Neither party shan be deem6d to be in default on account of any defay 'O( failure
to perfal-m its obrtl;lation5 und.er this Contract whic.h direcd .... resj,Jlts frOrTl af'. Act of God or an act
of ill Sluperior govemmental authority,
f. Hltadings. The paragraph heac"lngs are /"lot ill part of this Contract and .ahall have no effe-c:t upon
the con.structioJl or interoreta1ion of any p.art O'f this Contract.
g. InCOlpor.iluOl1 of Documents, All documents constituting the Contract d.octJmen1s descnbed in
SectioI'\ 3 hereof -and al! document&-which rr-..ay, flom time to 'time, be referred to in any duly
executed .a.rn8f\dment hl!(eto are by such rer~nce incor"orated ill this Contract and sha~ be
deemed to be part of this Contract.
h. 'r.'t~tion. This Contract and any amendmfi!nt& hereto between t."le parties ccn$1itute the entire
itgreemenl betwHn the partie-s con::eming the Project ilnd Woril:. and tIlere are rl(I other prior oral
~ wfitt&r'l agreentenu between ttle parties th-at afe nOI incorporatltd in !hi§. Contract,
i. M~mcatiQ(\ of AgtMrMnt. This. Contract shan ",at be modified Ql' be bincf(ng IJPOO tM p,erues,
unl8s.& .stJCil modmcation is .grer:d 10 in writing: and signed by tile parties.
j. Provision. AflY agreement. covenant.. cond'ltIot;, clause, q L!arrflca-tion. restriction, r666f'vaflon. tiltm
tx other stiptNtion in the Contract shan def.il'e 0( otherwise conttof. establish, Or' !1mit the
performance required' or Dem'littitd or 10 be rOQUired of or perm1tt&d by either pany. AJI provisioru;,
whether COVII'nants or conditions. shall be deemed to be both cov8l1am. and conoltions.
It. Resolution. Con1rac1or shalllubrnil whtI its Bid' I COPV of any corporate Cl( pilrtnefshi9 restJivrion
or other writing, whict1 authoriHs any dir'1lCUJ(, officar or oiller employ" or partner to act fot or
in beNlf of ContTilC1O<r or wNch authorizA Contractor 10 enter into this COl1tr&Ct.
I. $e:'w'eraDility. If iI court of competent jur1S€fJCtion finds or rules that any pravisiOf"l of this Contract
is void or l.menfofce;;lb:.t, the prOvisions of tnis Contr&ct nOI .so affected' shaii remain in fur. force
and effect.
m. Status of Contractor. In the exercise of rights and obliga tions LN1der this Contr.ct. Contractor acts
as an independent conu8CtOf" and not <IS an IQant or employee of City. Contractor shari not be
en-tiMd to any rights a.-,d benefits accor~d Of" accri,lirlg to the City Council members, officers: or
employees of City. and Contractor 8kptess.IV wailo'es any and aft claims to such. ri~hu and benefits.
n, Successors and ASSiQns. The provisiol'ls of this CC:ontr.clct shall inure to me benefit of, and shat!
appty to and bind. the successors snd essigns of the parties.
O. TIr.)6 of the essenCfl. TIme is of the es$8t'lC-e or this Contr.tc:1 and each of tt! proVisiOflS. tn ttle
calculation of time hefe.under. the time in which af". IIIct is to be petfo-rmed s.han be computed by
CITY ot PAl.O ALTO: Fonnal Con-tr .. et (8/93) SECTION 00500-6 01 7
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PART II -FORMAL CONTRACT
6Xcluding the first Day and Wlcludir;g the last. If the time in which an .act i.s to be perlormed fan,
on.a SaturdoilY, SundOly. or itny Day observed u a legal hOEda.,. by CitY. tile lime 10r performance
shan be 8J(t-anded to tile folJowinll Busines$ Oay,
p. Venul!:.!n the event that suit is brouQlht bV either party here(,U'ld'er, the panies ~ree that trial of
such action sha.n be vested eJ(clusively in. the .stat-a C(luns of California in the County of Santa Clara
in the City 01 San Jou or in the United St<ttes Dis1rict Court for the Northern District of California
in the City of Silln JoSIIS.
q. Reco'oll9f'V of costs.. rna pre ... ailing party in any action brought to enforce tM! terms 0' tlIis Contt~
Of arising out of mis Contract may rltCo"'er its reasonable costs, i~cluarng reascnabJe morney's
feas, incurred or expended in connection with -such action againn the nOll-prevailing party.
[N WITNESS WHEREOF, the partin ha ... e e)(&CLI1ed this Contract on the date first above stiled in Palo Aho,
Califomia.
CITY OF PALO At TO, CAliFORNIA
BV' ______________________________ ___
City Oerk Mavo r
_OVED, CONTRACTOA' ________________________ _
BV' ___ __
City Manager Name: __________________________________ __
Titl.' ______________________________ __
Director of Finance Taxpaver F. D. No. ___________________ __
A1sk Manager
API'IIO VEO AS TO fOAM:
SeNor As&i.stant City Attorney
<NO OF SECTION
CPTY Of PAlO At TO: Formal Contfaet (S/93} SECTION 00500-7 01 7