HomeMy WebLinkAbout0593.093,
THE HONORABLE CrTY COUNCIL
P~lo Alto; California
13
Civic Center Tower Build Out Project. CIP 2Q213. Award of
ConstructioD CgPtracy
Members of the Council:
1teport in Brief
This rep"..>rt request s that Co"uncil award a contract to I. P. G.
Builders, Inc. in the amount of $711,800 for the build out of the
Civic Center eighth floor and a portion of thOS! mezzanine floor.
Funding is available from the Civic Center Tower Build OUt, elP
20213 and the CiviC Center Cooling Tower Rebuild, elP 19204+
Backoround
On March 23. 1992, Council approved the concept of building cut the
Civic Center to accommodate utilities Department personnel and on
September 14. 1992 approved an agreement with Forell/Elsesser
Engineers Inc. to design the improvements (CMR:407:92J. Plans and
specifications for the work ~ere completed in September 1993, and
bids were solicited for the project last month.
~ussion
Bid packages were sent to 95 interested parties and bids were
received from seven contracto~s as indicated on the attached bid
summ;ry. The apparent ~€cond low hidder, Lee Engineering,
submitted a bid containing an irregularity in the form of a
mathematical error. The grand total cost for items 1 through 13
was indicated as $727.000 on the bid form. The correct grand total
cost based on the proper addition of items 1 through 13 should have
been $707,000, making Lee Engineering the apparent low bidder.
This error by itself ~ould constitute a minor waivable bid
irregularity. However, upon further review, staff has determined
that Lee Engineering also did not include a separate bid item for
the cooling tower replacement in their bid submittal as required in
Addenda 1 a.n.a 2. Therefore. slatt recommends t:'lat Council rej e,=t
Lee Engineering's bid as being incomplete and non responsive.
Staff recommends that the bid of $71.1. SOO
Builders, Inc. be determined by Council to be
bid and the contract be awarded accoTdingly.
CMR: 593 !93 -1-
submitted by LP.G.
the lowest respons i ve
This bid is 9 percent
-, j
;74~~"
below the engineer's estimate of $785,000. Staff requests
authority to issue change orders of up to $142~OOO which is 20
percent of the contract amount. The higher than normal conting~nc}~
is to cover the coat of possible construction changes which may be
required as a result of working in a 25 year old building.
The project scope of work involves building out unus~d office space
on the mEzzanine and eighth floor levels to create 4,700 square
feet of additional office epace and restrooms~ Approximately 2,300
square feet of new floor space will be created on the mezzanine
including two reatrooms, an elevator lobby and three separate
office areas directly above the existing Purchasing. Reve~ue
Coll~ction~ and Human Resources areas. Construction also con~ists
of installing Dew mechanical {heat.ing~ ventilation, air
conditioning). plumbing, elecc.rical and communications aystems.
Approximately 2.400 square feet of new floor space will be crea~ed
on t.he eighth floor including two new restrooms .. an elevator lobby,
a conference room and officE areas on the Forest Avenue side of the
tower. In addition to electrical .. mechanical. plumbing and
communication systems improvements .. the eighth floor cooling tower
will be replaced_ The tower has reached the end of its 2D year
useful life and needs replacement as part of the City's ongoing
facilitiEs maintenance program_ u~n completion of the bcild out
project, staff will contract separately with space design
contractors for the inst.allation of fU1~iture and furnishings.
The design work has been coordinated with City staff located in. or
adjacent to, the construction areas. Public Works staff will send
weekly informational memorandums and post flyers regarding
construction scheduling and related project issues. The contractor
will be required to adhere to a non-disruption plan which minimizes
physical and noise disturbances during the day. In order to
minimize the impact to tbe building o~cupants and public, part of
the construction will be accomplished after work hours and on the
.... eekends. Construct-ion will also be coordinated so as to not
adversely afiect Council and Commission meetings.
Contractor parking will be limited to approximately 10 to 15 spaces
on the Fcrest Avenue side of the garage on lev~l C and along Bryant
Street adjacent to the civic Center_In addit ion, temporary
parking will be allowed or. the Ramona Street side of the civic
Center. Building security will be maintained by a full time
security person from an agency approved by the Police Department.
The security person will visit: various floors during construction
to deter theft in the building. Also, a lQg ~ill be mainta~ned of
contractor personnel working each day.
Construction of the build OJ.lt is scheduled t.o beg:'n in early
January 1994, and be completed by July 1994. Prior to the start of
-2-
/
., ......
work, staff will return to Ccuncil for approval of consultant
ser"vices required diJring tt' .. e conatrur:ti 011 phase ..
~'virQnmental Assessment
This project is exempt from the California Environmental Quality
Act (CEQAl unde~ section 15301 of the CEQA Guidelines.
Recommendations
Staff recommends that Council.
1. Reject the bid of $701,000 received from Lee Engineering for
the Civi~ Center Tower Build OUt project as being non
responsive.
2. Approve and authorize the Mayor to execute the attached
contract with I.P.G. Builders, In~" in the amount of $711,800
for the Civic Center Tower Build Out Project. CIP 20223.
3. Authorize the City Manager or her designee to negotiate and
execute one or more change orders to the construction ccntract
with I.P.G. Builders. Inc., the t_otal value of change orders
shall not exceed $142,000.
Respectfully SublT',itted,
PAT STONE SJ Engineer
GEOR~~
Assiscant Director of Public Works
Attachments~ Bid Summary
Contract Pages
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.-,' .(~, , ,-
TABULATION OF BID RESULTS IBid Summaryl
PROJECT: PALO ALTO CIVIC CENTER TOWER BUIL~-OUT PROJECT, CIP .1'202'13
ElID DATE: 16·NOVEMBER-93 @ 3:00PM
P1E~ 8A~E~-=~=-=~=~J~:~:;Mmo el-'--~
~ ~DbIilatil)n1t)e_,!,.q!I_ll~~~____ i __ '_'11,600.00
2 DemolItion £ t2bLOO.OO WFIoor St'UCh .... --.----~------mo,ooo.ool
, ~~effor Cl!-~ ."it Y"_~~5-__ '~--'~~J~£'Q.O.OO1
~~ Roof!!,R and Watltrproot~ __ .~--__ ~J~~og_
6 IntflriI!!J~_i1ttlttons, Do!)r. 6.Q!1!!~_ --.-!19.~,OOO,OQ
_? F!!!~Jt!!II!L& Ceiling Fini-5!'!I!..._____ ,~,OOO,OO_
8 Ft.n'IC~Hm.nt ___ !.4,OOO,OO
_~ Pt~ Sytit!.,")!-__ . __________ +-__ ._:J1 ,600,00.
10 .HVAC ________ . _____ . ___ ~._ , ___ 'JJO,ooo&2.
11 Eleg~!~_J!Jthtjng, '=.~wer &S_o_'!'_'!!.t.W\lc!1.~_it-_..EJ..Q90~
,_'2 B!~ Prot.!!~t .. :m Sy~to"!..s______ t--_!ll,QIlIl.OO.
~!.c:~Li~Setv'~~-----_----'~OO.OO [
---+. §..RANOTOTAlla~ __ ~!!tltnil'!.bid.9.!!eduLel: __ f7iJ._~.~
...J..Q~!~l (.at; COf!.e.ct(y ~1!odl :
• Non-Re,pon'IWI .IS the bid dOlt. r'Ot Inciij/je a up.rat_ Item 101 the
Cooting TOWfll "aplacement 841 requited by Addenda 11 .nd '2,
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PART II -FORMAL CONTRACT SECTION 00500
CONTRACT
This Contract. dated _______ ~. is Qnter&(f into b'r' and between the City of Palo Alto,
a municipal r::oqxmauon oi the State elf California ("CiW": • aOO I.PaG Builders, _I_flC ______ _
______________ , a California Corooratlon ,"Conuactor"i, whose
Taxpayer Identification Num~f is ....>9.14-""2fj,,1,,4,,5"4,;9'-_______ _
For and in c::Ol1Slderarion of thefoJtowing covenants, terms ar.d cono-:tions, City and Ccntra:ctor ("the j:lilrties"j
1 . hr:m. This Contract sl\an commence on, and be bind"mg on the parties on, the DeltS of Execution of This
Contract. and sl'\aO e..:pira on the date of recordation of the Notice of S~bstantial Completion, or, if no such
notice is required to btl ffled, on the date that final payment is made hereunder, subject to the samer
ta.'1l'Iirnltion of this Contract.
2. Geniral Scope 'f Project and Work. Contractor shaD furnish felbor. services. materlilis and equipment in
connection with tne construction. of me Project and complete the Work in accordance with lha covenants,
terms and c:oncfl1ions of thl.$ Contract to ttJe satisfaction of City. The Project and Wolir: is generally
described as follows:
Trtie: PALO ALTO CIVIC CENTER Tm'll'ER BUll D·QUT PROJECT NQ.; ClP 120213
Sasa Bid:. 7 i 1 80n 00
Ad<! """",,,os 1<1 aol'Il' $,_~N:Lf .. ~ ________________ _
T otaf Bid.s 71 1 SOD 00
:3. Contract Documents. This Contract shall consist of the documents set forth. below, which are on file with
the Cit.,. Clerk and are hereby incorporated by reference. For the yurposes of c~nstruing. interpreting and
resolving incon.sistencies between the prcvisi.ons of ttli;5 Contract. these documems and the provisions
thereof ar. set forth in the following dll!5Cendlng order of precedence.
o. This Cor.traC'" ....
b. Notice Invitin" Formal Bros.
c. Project Specifreations.
d. Drawings.
e. Change Orders.
f. Bid.
g. $uppfemental'V Conditions.
h. Generar Cor.a'liOf1s.
i. Standard Drawings and SpEcifications 11992).
j.. Certificate of Insurance, Performance 8ond. label' &. Mat€riais Bend.
k. Affirmative Action Guidelines and Compfiance Report.
I. Other SpecificatiQr.,:;, or part there~f, n·.)! e::olprt'ssfy incorporated in t!'le Contract Specifications o.
tht!! Standard OrawinOs ar.d S~cificatjons (1992).
m. Any orher document not expressr,. men~joned herein which is issued by City or entered into by the
parties.
CITY of PALO ALTO: F'orrnar Cor:~'act ISarr,ple wlHAZMATj i6/93l SECTION 00500-1 of 7
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PART (I -FORMAL CONTRACT SECTION 00500
4. Cqmprnurion. In consider;l"!ion of Contractor's j:I~rlormanc:e of its obligatior.s hereunder, City shall pay
to Contractor the amount"t forth in Contractor'S Bid in accc.rd.;nce ..... ith the pro"lsions of this Contract
and upon ttl. l"eCl3;ipt of written in"oi(:es and an necessary SUPP0rTJnQ docum&ntation within the time set
iorth if'! the Contract Specifications and the Standard Ofawin~s and Specifications (1992}. o;.r. if no time
i. statad • ......rmin thirty 1301 Davs of me date of receipt of C<ll'ltractCY's invoices.
5. Insurance. On or be10re the Date of E,.;ec-ution, Contractor shan obtain and maintain the poficies. of
insursfl.ce colleraq4l de.,~en"b.ed in the Notice inviting formal Sids on terms and conditions OInd in amountS
as may be reQuired by tJie Risk Manager. City shall not be obligated to take our insurance on COntr.ctors
persona: IProperty or the per5.vnal property of 3ny ,person performin" laber or services Dr suppiying ma:erials
or equipmr:mt under the Project. Contr.actor snail fumish CIty with the r;;ertificates of insurance and with
orilJl.nat f:nd.orsements affecting coverage reQuired Londer this Contract on or before the Dale of EXflcutian.
The certificate$ and ~r.dotsemems for each insurance poiicy shan be signed b)/ a person who is aLlthorizeJ
by that insurer to bind' eo~erage in hs behalf. Proof of insur;';;nC8 shan be mailed !O the Project Manager
to tM address set forth in Section ,. 5 of this Contract.
6. Ind?mnifi.;;aticn. Contractor agreeS 10 p(ote~ .. defend, indemnify and hold Ci!y, its City Cour.c:1 members,
officers, and employees harmless tr-oln and against an..,. a nd an e1a: rns. demands, tiabGities, losses, dam alles,
costs, expenses, f:iens, penafties. suits, or judgments, ;arising in whate or in part. directly or indirectly, 2t
any time from any inIury to Dr death of persons or damage to properry as. a result of t~ willfwl or n~illi~ent
act Qr omi~ran af Contractor, or which results from Contractor's noncomj:Jfiance with any Law re.specti:n~
the condition, use, occupation or safety of the Project site, 0( any part th~reof.. or which arises from
CO:"ltra~or's failure-to do .anything required undsr this Contract or for dOing anythin~ which COt'!tractor is
required not to do under mis Contract, or ..... hich arists from conduct for which any Law imposes strict
Sabin:y on CQt1tractor in the performa1\Ce of or failurf: tc penQrm the terms and corni'rtions of this Contriilct.
excePt as may arise from the sold W111ful Of negngent act or omission of Chy or any of its City Cou nc~
member.s, officers, or employees, This indemn;rv;::ltion shall extend to a:"1y and;on cJaims, demands, Of liens
made or filed by reason of any wotk perfOf'l'ned" b-y Contractor u!lder thois Contract at any time d\J ring the
term of this Contract 0( arising thereaftef.
ConU1ictOl' further expres:sfy agreits to protect. indemnw" hold harmless and defend City. its Cirv Council
members, officers and employees from OInd agalnst any ,nd all claims, demand~, liabilities. losses, damages,
costS, expenses, liens, penatties, SlJits. or judgme-ms CITY m~v incur, "rising in whole or if] part in
connE:cnon. wim or 2S a reslJlt ot Contr3ctor's acts or omissions L!nd~r this Contr .. cL un.der the
Comprehensive Environmental Response, Compensation and LiClibility Act (42 U.S.C., U9601-75, as
amended); the Resource Consen.ation and Recovery Art {42 U.S.C., i §6901-S2, as amendedl; the
CCirpenter·Presiey-Tanner HazardclLJS Subst .. nce Account Act (Health &. Saf. Code, 1125300.25395, as
ametlded) me Haurdous Waste Control Act (Health &. Sat. Code, i ~25100-25250.24, as amendeal; the
Safe Orink.inQ Water and Toxies Enforcemt:'nt Act \Health & Saf. Code. ! l25249.5-25249. 13, as amended);
the Underground Stofage of HazardOUS Substanees Act rHealth &. Sat. Code, Ii §2528().-99, 6, as amended);
the tiezardous Subs~aflce Account Ar.1 (Health &. SGf. Code, U253QO.95, as amf:nd~dJ; the Toxic
Substances Cantroi Act i1 5 U.S.C._ I i2eOl·'1, as am~nded): or unde-r any othe-r loear, o5r.a!~ or federal
c rdinance Of S1at'.Jte, O' at (:ommon law.
7. AS.5ump;jcn of Risk. CDntractor agr2es to vol,mtar!ly assume any and a!1 risk of loss, dam.3l;le. or injury to
ttle property of Contractor which may occur If!. en, or abOut L~e Project site at any time ii1nd i" any manner,
ucepung such :oso5, injury, nr damage as 1ll2y be eaused by the sole willfu' or negligent act or omission
of City or any of its City Council members, offic~r.s, ar em,ployees.
C!TY of PA.lO ALTO: Formar Contract [SampJe wiHAZMAn 1519:3! SECTION 00500-2 of 7
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PART II -FORMAL CONTRACT SECTION 00500
a. Waiver. T~ ar:c:eptance of any pa,'tnel'lt or perlormal"ce, Df a"y paft thereof, shal! not operaTe,s a ONai~r
by City of iu tights 'Under this Contract. A wahler bV City of any bre.ch of any part or provj5ion of ll",is
Contract by Contractor shan not operate as a wai .... er Of continuing w3i"er of any subsequent breach of the
S2me or any other provision, nor stlan ally custom or practice which may arise t'etween the parties in the
administration o( ,jIny pan. 0( provi.sior. of this Contract be ~ot1slrued tCo ...... aive or to leuen the ri; ht of City
to insist upon the performa.nce of COI"HraClor in strict complia nee with the covena r.1I;, terms and conditions
of this COntrilCL
9. Cgmglians;;e witt! laws. Contractor sMall comply witt! all Laws now in iorc:e or which may hereafter ble in
force p&rtaining to the Project and Work and thi, Cc-ntr3ct, with the r.aQuirement of a;ny h::md or !ire
ullchwwriters Of orner srm~ar body now or hereafter cons.tituted, with any discretionary Hcar'lse or permit
issued pursuant to an..,· law of any public agency or effieial as welt CiS wrtil a IW croviston of an recorded
documetlts affecting the Project site, imliofar as any are required by reas.on of the use or O\.."CUPi!IlCy of the
ProjeC1 .. he, at\d with ar. laws pertaining to nor't6iscrimination and affirmatiV6 action. in emproyment and
hazardous materiar.s.
, O. ~. As a conditien pr~cedent t.o City's obligation 10 /UAY compen&ation to Conuactor, and on or trefore
tlu! Date of ExeCl.ltion, Contractor shan furnlsh to the Project Mar;a~er the Bond:i as :-eQulred under the
Notice Inviting Formal Bids.
11. Representations 2nd Warranties. In the slWSlfy 01 any materials and equipment and the renderintl ot labor
and services dlJri!\g the course and .scope of the Project and Work, Contractor r-epresents and warrants:
a. Any materiars and equipment which shan be used during the ccurse and scope of the Project and
Work shalT be vested in Contractor,
b. Any materials end equipment which shari be used during the cour.se and scope of the Project and
Work shalt be merchantabre and fit 10 be used for the lJanicu~ar purpose for wl'lich the matefials are
requit~d;
e. Any labor and ser ... K:es rendered and mat~riafs iJnd eQuipment used or employed during the course
and scop4! of the Project and Work shari be fre(; of defeC1.s in workma nship for a pef'iod of or,e 1.1)
year ;1fter the recordation ot the Notice of Substantial Complet~, Of', if flQ such notice is required
to be fifed, on the date that final payme.r1t is made hejeunder;
d. Any manuf.,cture,'s ...... arr .. nty obtained by Contractor shall be obtained or sha~ be deemed obtained
by Contractor for and in behdff i)f City.
e. Any information submitted by C.onnactor prior to the a ..... ard' of Contract. or thereafter, upon
reQuest, whether or not submitted under a contit'luing obliga.tion by the terms of 1he Contract to do
so, is true and correct at the time such information is submined or made availabl3 to the City;
f. Contractor has not corluded. conspired. or agreed. directly or indirectly. with any pe/$()r. in regard
to the terms and conditions 01 ContraCtor's Bid, exc~pt as may be p .... rmined bV t.h~ Notice invitinQ
Formal Bids;
g. ContractOr has the power and authority to enter into this Contr<ict with City. that the mdiviauaf
exec'UtinQ this Cn(1t. act is duTy auth'lri~~d to do so by apptopriate resol:Jtion. and rnat this Contract
CITY 01 PALO ALTO: Formal Contract !Sample w.ll-IAlMAT.~ (6/~.3) SECTtQN 00500· 3 of 7
PART II -FORMAL CONTRACT SECTION 00500
shan be I'xt!!cut&d', delivered sl"!d performed pursuant to the power and aut~ority con !limed upon me
person or persons authorized to bin~ Contractor;
h, Contractor has not made an ilttempt r~ exert undue i"f1\Jenee with the Purchasing Manager or
Projeet Manager or any other per.son who "',t$ djrectiy c:onttibuted to CitY's decision to aw.rd th..,
contract to Contractor.
L There are no unres:olved claims or di$:jj:Jtes belwe~!1 ContraC'tor af'ld City vlin ich wouid materian.,.
affect Contractor's ability to ~tum under me Contract:
j. Contractor has fumiih6d and wi1l fum",tl tlVe and accurate statements, records, repons.
resol:.n:ionE. certifications, and other written tnformation as mOl 1/ be rEQ '-lflSted of COntfR'lOl" by City
from 1im~ 10 time during the-\!!om". of 'this C~mtract
k. ConDil.ctor and any pet'son. performing: labor and s.ervit:<es unde r tll's Project is duiy lie.ensed aJ; oil
contractor with the Stine of California 3S required by Cafifomia Business & Professions Code
SeeDor, 7028. as amend2d; and
I. Contractor has fu ny examined and jn.slJect~ the Project site and has. futl knowlediW'e of the phys.lcal
~.oncfitiof\l:O of the Project !.:ite.
12. A;:;s!onment. Thi.e. Contract and the performance required hereunder i.s person,l to Contractor, iI"d it shan
not be ilui"ned bV ContractOi. AnV anempted' assignmer"ll shan be "Un and ~oid.
13. oaims of Con-tractor. An cfaims pertaining to extra work, additionar charges, Of delays within the COntract
Time or omer dis;luteS arising out of the COt'ltract shall be .submitted by Contractor tel Crty in writing by
cettmed 0( registf!red moil~ within len (10l Days aftor th~ claim arou or wit:t1iri :such other time u may be
permitted or required by law, and shall be d!sc.ribed in suffICient: d~u~ to gi .... " adequate notice of me
.substance of the claim 10 City.
l4. Aucfrts by City. During-the term of this Contract an.d for .a period of not 1&$6 than three 13) years after the
expiratiOl'l or earlier termination of this Contract. City shall ha¥e the right to audit Contractor's
Project·reJated and' Work+ret.ared writings .md' bu$iness re.o::ords, a5 such terms are defirloo ill C;.ltfcmia:
Evidence Code Sections 250 and 1271. as ameMed, during:he reg:u:.;r busmess hours of Contr.actol', 0;,
d Contriactor has no such hours, during the re~ular business t",ours of C~ty.
,S. ~. An agreements, appointments, a,pprD .... als. al.ltt,orizations, claims, demands, Change Orders,
co:lSent$, designatioM. notices, off~us, reQue:m; and statements given by either pa,tv to the other shail be
in writing and shali be sufficiently gi .... p.n and HNed. upon the other party if (" personally 'Se~ed, (2} sent
!:Iy the United Stales mail, posta!;," prepaid, /31 sent bV private exples$ d'eli¥ery .service, Of' 14) in the c.ilse
of a facsimile transmiss:ion. if sent to !he telephone FAX number H! fcrth below during regular businESs
hours of the receiving party and folTowed within twO ~2; Days by delivery of iii "crd copy of th~ materi;l
senl by facsimile tran:s;mission. in accordance with t,), 12) or 13) above. Pefsorl(Jl ser .... ice shan include.
withOut limitation. ser,..ice by delivery and service by facsimile tran.smiss:H,)n.
CITY o( P~.tO AlTO: Forma! Contract (S:'lmp1e w/HAZMAT} 16(93) SECTION OO~4 of 7
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PART II -FORMAL CONTRACT
To City. City (If Pale Alto
Ctty Clerk
25.0 Hamilton Avenue
P.O. Box. 10250
Palo Alto, CA 94303
City of Palo Alto
Dapal1ment of PUB:..!C WORKS iEng.weering
2 50 Ham~tc.n A l,Ienl.'e
P.O. Box 10.250
Palo Ana, CA 94303
(4' 51 J29::~26~3~6~~=
FAX: 14'51 329-2299
A TIN: Pat Stone, Proj.act Man.ag'!1' ror Project
To Conuo(:tor: !..P,G. Rd Jders, Inc
So. San Fraoci 500 CA 94080
f!!5: 573=7Q46
FAX: ~ --JjSS .. S"'-"'S .. 47"4'-____ _
A TfN: Taaac P r . .pj ] lory
SECTION 00500
1 G. Aoprogriatign Qf crty Funds. This Contract is subjec: to the fIScal provis4ons at Article iii. Section 1 2 of
'the Ow1er of the City of Palo Aha. Arry Chii~es. hereunder for JabOt. services, material.s and eq1Jipment
:nay accrue onlv attar such txpencfttures have OWIl aPP'"oved in advance in writing in accordance wit~
applicable laWs.. This Contract shall terminate without ~n3hy (i) at me end of an)! fiseal year in the event
that funds are not appropriated fOt the followinQ fiscal year, 01 Ciil at any tione within a fiSCCII year in the
ewent: mat funds are oniy appropriated for.a ,portion of the fisca:l year and funds for this Contract are no
!unger aval1able. This Sectioi1 16 shall control in the event of .. conflict with any other provi$ion of this
Contract.
, 7. Miscelianeqt:s;,
a. Bailee Discraimer, The parties lJnderst.md an.d agree tha; City does not purport to be Contractor's
bIIiJee, .nd City is, therefore, n.ot respons;ble for any damage to t,''le personal property of
COntfac:toI.
b, Consent. Wherls .... er in this Contract the .;lIpproval or consent of iii party is req(Jired, such ipprova,
Dr consent shan be in wr!ting and shali be exuute{f by .a person havin" the expre&5 authority to
grant: such approvai or con$E'l'lt.
CITY of PALO ALTO: Formal Contrac.t (Sample w!HAZN.ATj (6193) SECT tON 00 500-5 of 7
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PART II· FORMAL CONTRACT SECTION 00500
c. COf1tr.olling uw. The poiIr;ies agr~e that this ContrSl:t sh.all be ~o\,lertled and constfU'ed by and ir.
KC'Oldanc:& wtrl'l the Laws of the Suite of C.Hornia.
d. Defllli1tor... The definitions and tp.rms BElt forth in SeCtion t of the Standard Dtawings and
Specific:luoru (1992) of this COntfatt an tncorpora'&d heft!il"l by r~ferflnce.
e. Forct! MajiJure. Neittler pa.rtY shatJ be deemed to be in default on account or any daf41v or iaill!fe
10 perform its obflQations under til is Contract which dlre<:t/y rUl,lrts from a., Act of God or an act
of a superior go".m~ental authority.
f. Headings. Tt\e parallraph headings ate not iii pan: of this Contract and shall have no effect UPOll
the construction or interpretation of sny P31t of this Contract.
". Incorporation or Oocuments. A!'I documents ci)nstfti.ltin~ the Contract documents described' in
Section 3 hereof and an documEt~s whi!':h may. from urne to time, be refeffed to i.."'!: any duly
execut.m amendmen! hef"eto are by such reference inco,?orated in this C"r,tract and shall be
deem&d to bit part of thilt Contract.
1'1. Integration. This Contrilct and any amenclmentS hersto belw88n the parties constitute the enti!'e
agreement between the parties ctmCemi!1g" th9 Projf!ct aM Work. and there .are no othe.-prior oral
Of written agreeJT\Ents between the parties thai are not in:::o.-pOliiteo in thl' Contract.
i. M'Xfific;ation of Agreement. This Contract shall not be modifred or be binding upon ""e ~i'ni05:.
unJeu suet! modification is agrfied to in writing and s.igned by the parties.
j. Provision. Any ~nt. c-ovenant, condition. ctallH, qualification, restriction. reserwtion, term
Of other sti~lation i:n the Contract shiJtI define or otherwise control, estabflsh. rH limit the
performance reqoifed or permrttad or to be required of or permItted by l!ither partY. All proyisions,
whether covenafits 0" conditions, shan be deemed to be both covenants and conaltions.
k.. Resolution. Coouactor shan submit with its Bid a cOPY of .eny corporate or partnership resolLrtiun
or other writing. which auttl0ri2es My director, offic8f" ~ ather employee or partner to act fOl or
in behalf of Contractor or which autflorizes ContractoJf 1:0 enter into this Contract.
r. Se\lera~lity. If I court of com~te!'ltjurjs.dictiQn finds Of n,Ms rharany prololision of this COl\t.-~t
is void or uner.forceable, the pro'fisio(ls of this Conu.ct nat so aHeeted shall ramain in fun fOl'ce
and effect.
m. StaNfi of Contractor. In rhe parcise or rights and obligations under this Contract. COf1tractor acts
as an independer;[ contractor and riot as an agent or emplovee of City. Cor-tractor shan not bll:!
entitled [0 ilnv rights and benefit'" ilcco/ded or accruing 'to the City Council members. officers or
employees of City. a:"ld Coouaetor expressly 'NJ;ive:'ii an)! and all claIms to s'.Jch fiOhts and benefits.
n. Successors and ASSigns.. The provisions of this Contract shall inure to the benefit of, a[l.d shat!
Bpply to and bind. ttle succe ssors and ii ssi'Ol rJ,s of the panrc$.
o. Time of the fsserK:e. Time is of Ihe essence of this Contract and each <!:)f its ~ro\lisions, In the
c;alculation of time heieunder, the time in which an act is to be performed s.h.li be compLlted bV
CITYofPAi,O ALTO; Founal Cont:act lSample wlHAZMATl (6!93, SECT JON 00500·6 of 7
I
PART II -FORMAL CONTFIACT SECTION 00500
u:eluding the fllst Day Jlnd indudin(! the last. If the time in which an ac:t is to be performed f.all.
on.tl Sliturday. Sunday. or ilnv D~'f ObS8rvtld.as a leg,,1 holidav by Ciry, tile time for penormiilnCe
shill; be ItJCtftndad to the renawing Busines.s Day
p. VetllJe. In the evem th .. t suit i. bTOl,Jght by eithar Pi",=, hereunder, the partte5 aglee that nia\ of
such action shan be ",ested exclusiYe!". in tl'te stste COUr!S of ulifomti in tM COVIU\I of Santa Clara
in the Crt';' of San Jose Of ~ the United Stat.s District Court for the Northem District of Califomia
ir. the City Of San Jose.
q. Recf.!vefY of costs. The prevailing partY i" any action brought to enforce the tell1"ls of this Contract
or arisin; out of this Contract may recover its reasonable COSts, incruding realiionabie attorney's
fees, incurred or expended in connection with s\Jch action al/.inst the non-prevailing partY.
~ WITNESS WHEREOF, the parties !'lave execU1sd thi" C<Jntract on 'd,e date first above stated in Palo Alto,
Cc!ilifornifl.
ArrEST, CITY OF PALO ALTO. CAlIFQR.t..trA
~:-------------------------City Cleric M.vo r
APPROVE!), CONTRACTOR: l~? .. G. Builders, Inc.
By' __________________ _
~tY Manager Name: __________________________________ __
Director of P-..sbtlc Works Tme: ________________ _
Director of FJnance T D N 94-2814549 ,axpaver i. .' o. -=-"--==-==-________ _
Risk Manager
APPROVED AS TO FORM,
Senklr A.s$i$um City Attorney
END Of SECTION
CITY ,,' FALO ALTO: Formal Con:ract ISarnpie wlHAZMAij Hlf931 SECTIDN 00500--7 of 7