HomeMy WebLinkAbout0594.093I
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November 18 i 1993
THE HONORABLE CITY COUNCIL
Palo Alto, California
Califgrnia Avenuo: Msessment" Dist.rict 92-13 Parking S':ructure,
Resolutions Awarding the Sale of Bonds and Construction Contract
Members of the Council:
Remort in Brief
This report recommends that Council adopt a resolution which awards
the sale of bonds and a resolution which awards the constr~ction
contract for the California Avenue parking structu.re project to
Hocigson Construction Company for SL 177,998.55+ Funding is
available from th~ california Avenue As6e6smen~ District Parking
Garage., CIP 19213 for the building and the Pavement Maintenance
Program, CIP 18971 for the alley improvements.
Background
On March 16; 1992 Council approved an agreement with International
Parking Design ~ Inc. for design stage engineering services required
for the California Avenue parking Garage (CMR:179:92). On October
12~ 1993. Council held the second of two public hearings necessary
for the fonnation of the California Avenue Parking Assessment
District 92-13 and passed a resolution adopting the Engineer's
Report, over-ruling protests and confirming the assessment (CMR:
532:93). On October 25. 1993 Cou.."1cil adopted resolutions
authorizing the sale of bonds and approving the Preliminary
Official Statement {CMR:549:93).
DiscuBsion Awarding the Sale of Bonds
The Preliminary Official Statemant and Notice of Sale containing
detailed info~tion concerning the bond issue and inviting bids
for the purchase of the bonds have been widely distributed to
securi ty dealers and financial institutions. Bond bids will be
re-::eived up to 10:00 a.m., November 22.1993. at the office of
Jones. Hall. Hill & White. The next step in the issuance of the
bonds is the award of Eale to the bidder offering the lowest net
interest COSL to the City. The City Council will then award the
sale on the same dCiy. A memorandum surranarizing all bond bids
received will be prcvided to Council Members at their places at the
November 22, 1993 meeting.
CMR:S94:93 -1-
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DiACUBSiQ:1 9£ Cgnstruction Contract
Bids were received from eight qualified contractors as indicated on
the attached hid summary. The low bidder, Hodgson construction
C".:mlpany, was $100,000 belo",", the second low bidder and $20C,O()0
below the engineer's estimate of $1,377,250. Staff believes tnat
bids ~ere very competitive due to clear detailed plans and
specifications. quick City response to the concer.ns of contractors
during the bid period and a favorable economic clim&te. Staff
recommendiS that the bid of $1,.177,998.55 submitted by Hodgson
Construction Company be determined by O:ou..Flcil to be the lowest
responsible bid and the contract be a~arded accordingly by adoption
of a resolution. This bid is lS percent below the engineer's
estimate of S~,377.2SQ. Staff requests authority to issue change
orders of up to $177 k DOC which is 15 percent of the contract
amount.
The project scope of work includes t.he construction of a two level.
166 parking apace, post tensioned and reinfcrced concrete parking
structure. The exterior facade, adjacent to the hardllo·are store and
post office, will consle:t of a structural brick masonry. The
Ca:nbz'idge Avenue side incl<.ldes structl.!ral brick veneer over cast
in-place concrete, brick veneer on pre-cast concrete panels.
lighting. irrigation. landst.:aping and an architectural metal
trellis and railing. Site improvements include-reconstructing the
adjacent alleys, (New Mayfield Lane and No-:,~l Lane) and the
Cambridge Avenue sidewalk, curb and gutter.
All design work has been coordinated with staff from the Utilities,
Fire~ Plalh~ing and Public Works Departmen~s. In addition, staff is
obtaining a certificate of Compliance. which merges the three lots
of the parking garage site, and a building permi t required to
construct the irnprOl...rements:;.
Work will begin in early Jam .. ary 1994 and be completed by October
1954. Prior to the 5tart of work~ staff ~il1 re~urn to Coun~il for
approval of consultant services req,J.ired during the construct ion
phase.
Environmental Assessment
A negative d~claration (Negative Declaraticn No. 92-EIA-26) for the
project leI·as approved by Council on January l~, 1993. No further
environmental review is required.
Recommendations
Staff recommends that council:
1. Adopt the attached Resolution award~ng the sale 0: $2 1 055.000
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...
City of Palo Alto Limited Obligation Bonds. California Avenue
Pilrking Assessment District No. 92-13, Asse-ssment Bonds of
1993.
2. Adopt the attached Resolution Awarding the Construction
Contract for the California Avenue Assessment District parking
garage to Hodgson Construction Company for $1.~77.998.55.
3. Authorize the City Manager or her designee to negotiate and
execute one or more change orders to the contract with Hodgson
Construction Comp~ny. the total of which change ord~rs shall
not exceed $177,000.
Respectfully Submitted,
PAT S'!'CNE
senior Engineer
GEORGE BAGDON
Assistant Director of Public Works
be.~"", J. A I .... • ~K-
GLENN S. ROBERTS
Attachments:
CMR:5S4:.5P3
B~d Summary
Resolution Awarding Sale of Eends
Resolution Awarding Construction Contract
Contract pages
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TABULATION OF BID RESULTS (BID SUMMARY)
PROJECT: CALIFORNIA AVENUE PARKING STRUCTURE, CIP #19213
BID DATE: 28-0CTOBER-93 @ 3:00 PM
.~.----.--_-.-------------------i _~ E;:;~~E:TR~~ ~;;;:~~l;_'~· ___ ,_~:,~:~con.t::~ ~~~~~; .. ~ __
pAg.1 af2
No·..-------l
Largo CQncrele I
~!!!Y~_
1-::-----~:.:'-----~r-------~O'-3 -
Il'.~"'l • . NQ'--I ~~~s.B~~~, PAR~I_NG ~.I~~~]JJ1tE _________ ~_.-m~L.~ __ ..l.~"-___ ,, __ . __ !9_~ 1_--1Q~;t,. TOTAl I
._~~_~~~t~.~~~tI"" _~ __ ~. _______ ,. _______ . __ ~~~ _. _____ m~ ____ . '90,~J'!'O Il!4·400,~ ~.~~~
2 ,o.molftion 548,2OO.DO, _ 17,029.00 '31'1,000.00 141i1,G.00 17,1'00,00
:J_ ~~!;~~~~-iE~~~:::-=~====-_-=·.·:=~~-_·_=. ,==-__ ._~~~~.~=.~~~.~ -_-_~ ~~~ __ ~--$4e,~~ --===.tl.~~
" ~~~W()I~_ , ____ . _____ ,~ _____ . ____ • ___ " __ ~, _____ !A:II.650.~ ______ !,I~,50 •. o:c? _______ ---.m.OQO,OO'. ___ ~~~ __ !!1,4CI),OO,
rl~~'1~~' ",",._~.T.:;L_"~~L--";Jl __ "-:;:, __ ;~~:
~T-i.i:.;._~.t.!. ~~;. ~lM.L~.I~~-. >._-~.-.:~i~;t~l-~.-~~.~.f.;~.i~?!~r_jf.:::J~~t.[~il-;~\-i~?1: ~=r:~~io. -~ j~.~.;. ::.. "". ,e Rttc-onll". '~t:'H.-;;rldk; •. P ~,;;p. J ... -51~ -~.. ---. ~~. L .~~:~~.-. ~~~.':., .-{r~:~:i~ 1--. ~.:. --! --·-ii~.t 2!?.c~~ .~~,~-~~,::§~:: -:::,: ---------------~~--------.-1-------------.-------.. -.-.------"----------,---------~-----------------
5 Aome". & Rteond'uel Pee SId.-Ik ~ 250 Sf 6.00 ",ftAIO.OO -4.M 11,2'10.00 •. 00 11,000,01) 3000 Sr,500.0G 3_0'0 tAlOn.OO
L-~-~~~~~~Ir~~~~~b/G~~ _---1~ ~F~ I~~~~ =!?!~~ -=-~1~,44 ·:'---:-ii:~~:{jo -~§~ --'t~~~ 60:0), ~_~OOQ,OO __ 9-,-~' ,ft50.00~
~:,~1f~7J~7t;~;'~--t:t~~ ~~t1~ =~~~~ ~~r:~T~'i~~i '=i~.~ --'fE~ ~~i~~!~~~ -.~~ ':i~~~ -'~-=I~'~ U.hi~!~:..:=~=-=t-=-'Lj,i-t: ",",00 :=--:~.;;Oi'Cjf--':!>iI..,-,,,i{;Q ~_-::-,,..oo I I :300ru __ !~~.oo 1i4o,~ ~
--::~~~~T~e~im::~~:~~s~~l·.~.·~-:'.,:~;:~t:-_~~~~~,::::: ~-~=~_~~~~=__.:::;:L= __ .:~:::
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TABULATION OF BID RESULTS (BID SUMMARY)
PROJECT: CALIFORNIA AVENUE PARKING STRUCTURE. elF' #19213
BID DATE: 28-0CTOBER-93 @ 3:00 PM
PIIgfII20'2
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[--~ No. 5-·-~-··---No,. -~-. No, 7 --~=lE0.. j
ENGINEE~'S SCllmeh.ilIr & M ... '.I'\@l'\iNlbblB.,oa."lnOLe.mcon.t,I"!:B&BCO('lCrele
rrr~ ,.~ -.--~ ---.~-----_._~~""."-T~_ Mo,,!,_lo __ ~. ~~_ 8~"nol ... ,,-~_. 9!" '''''ol~~ S.n Joo~_,_._
11~tr-".F~el"--_PARKING~"TRU-":rU"£~ -~; '-_~ . .:r0T'k.__ __ ~~_ _ _~.!PTAl _____ ~ ___ 'rOTA!-___ ' _"'!Q~ -jct?!~.::~~""--.= ~~==-==~ -==-=f;:': ---~~]t~~1-· ---~.~:;~ -".:::~-~~ ~~:i~ -=i~
,=~~-r~~p~:~=~_: , .. ~_~~=~-=_-::--' ~~=~-_"==k~:~:_-~~=-~~~"~;~}I~ :.~== :~~:~=~I~=-~=_::;:;:: ----~,~::-~
-~. ~O:-~~~,~~,---~ -----,~~~===~~~ ~~ .. =~-=.-l4~:;~J+~~'===~~~~~~~i~-=_=--==-~~~:= ,_ =--:.:~~;; -~ .;:~_
i 2~;~~~;;' .~--'~]"---~}~~:~ -.... ~if.':::: .' ~--i¥J.~: -·----'lie~ ~----!::::~
~ ~d;~~~:~-d~ _______ --:=.:: ____ ~~~~-=~~~~~~_ ~~=~;;::~= -. ~_:~~='~1~r~~~:+--~~~:;f:;;;,: ~.--~::i.~.': ~---_.::::~~=
i2 Mise Iron, "".:hi~Iur.1 "'MIl" ~1,'5C,oo $6lI,~.OO, 170,000 00 155,,*,.00 544,510.00 03-~i,;~~w~-~'~~~:. ~,~i;~··:~~=:==--=:"--=~~ -. ~~==---=-=!!j,~I10,~ , __ ~=~_~=_=!~~~i:Oo =-==-_='!~~.oo ·==~-J51,~.ooT-____ ~~~ rj~·~~~,§.~;-.~~~r=,!~~~,~t~,~t~~~
lH"'fl1 I -U",l e.lflnde<1-I Unit I Em.nded 1-UOi' F.mended . U;;il~~--u-"iI-!e;;;;.d"'"]
I\k> UA9EJlJO -ALLEY IMP 9~~ltity ~niI'l Pllr:e ____ To~ ___ Pr~e _____ !~ _____ (_~-~ ... _._~~, __ ,,_!!..~! __ lCItAI ____ .f!~ _____ '; .T0~L._ ~.:. t.Q..~\lIl.rn1_R.,rn!)'ll; A",y __ . __ I _!Q.~ SF ,~ ,..J1J,~ 00 __ !!Je[ __ $8,~t?~+ ____ ~.~ ~ • ___ ~~,1~_t?~ ____ ~!~ .. _.!~.~~ .~~!:!4r-:sl~~.oo
_ l_~~ Pr!~!ltlofl__ _~~ ..!IF __ ._ ~~ _$~~~O _~ I~,-__ .~!.~~'E.!!.i_.-~~ . ___ ..E.\2Q.9J __ 0.99 __ iIO,4~,!, O.2:ii .~_oo
3 rccS-11i !!i10 IF 2000 $10,20000 B+lO _ $4,2114_00 11.72 IS,lItHo 16.&0: ce,41!!i_OQ 1'10 19,741.00 :i~~;'&~~.Ir~"ili~nd~·p-P,amp =_~ _f.A =~~ ~~ $~I!J~ _1,~~L=~~;5~~-=~~OO --'~:T~:ao ·-~:~_t._&3,~~ 1,~1~00 __ se . .!.(lS,~
~_~_~&~~ .. "-.. !IP!~ ... .!....Pc~~~.~.!h __ . !"'._, fI.~ __ ".~~ .. $1.500.00, .E:l~i . __ ~~'775'Q~." __ ~'.OO •. ~.12'(JOO:~. __ 1.. .• "~.'~~~ •. __ '''_~'1KI _J~ -~~~~~~.~Z.-j~~~=~ .. -" .... -~.-~~~ ..... ~-.~-:~. ..~.~;:~.p.-~~.r --~;; .. =.-"---.~.: .... :~~~-.~ 1--.. :~: -~:::',~ ~."~.: --~::!:-.~ .. ~ _~, ... m,... • ...,..,.._""PccQo .... L ___ .~+.~ __ ~""---J., ... ,O •.• E~:..)',"""-~~ __ .! ... _ .. 11,,"-,", •• ~ .• ", ~~ --"': ....!4,." .. ~}iia~~JE~;~t;j;~E~.iE '~~~~ Z~21
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RESOLUTION NO.
RBSOLO'TION OF THE COUNCIL OF '!'HE CITY OF PALO ALTO
ATfA1tIlING SALE OF BONDS FOR CALIFORNIA AVENUE PARJI(ING
ASSESSMENT OISTRICT NO. 92-13
The City Council (the "Council"') of the City of Palo Alto
(the "'City") does RESOLVE as follows:
1. The Counci 1 !las heretofore solicited fro~ th'Jse persons
interested sealed bids to purchase limited obligation improvement
bonds (the ·Bonds") to be issued to represent unpaid assessments
levied in proceedings had p·.,J.rsuant tD Resolution of Intention No.
12.30. adopted by this Council on August 9, 1993 in and for the
City's California AvenuE: Parking Ass~:ssment Dist.rict No. 92-13.
2. AS specified in the proceedings. the sealed bids have
been received. opened and copies of the opo::ned bids are on file in
the office of the City Clerk ~f the Ci ty of Pa.lo Alt·;,. anj,
rtfe-rence is herebJ.." made to thereto for further pa.rticulars.
3. This Council, 'with the assistance of the City staff and
consultants, has considered th~ bids and finds that the bid presented by ____________________________________ • the
·underwriter~l under the t.erms and conditions established ior the
sale of the Bonds represents the best bid for the Bonds .
4. The public interest and convenience will be served uy
the acceptance of the Underwriter's bi.j.
5. The bonds be. and they are hereby. ordered sold to the
Underwriter and the sal e to be 5ubj e.-.:t to all of the terms and
condie ions set forth in the accepted bij and those set forth in
the official pot ice c·f sale relating to the Sand .and the remaining
bids and each of them are hereby rejected. Th~ deposits of the
unsuccessful bidders sh.all be returned irr,mediotely to Such
bidders.
6. The Finance Director of the City is hereby directed to
cause the Bonds to be pr-inted anj the same to be authenticated and
delivered on rec.;ipt of the amount. to b<2 paid therefor as stated
in the accepted bid. and UpO_'1 the perfDrmance of the conditiDns
contained therein.
7. The
are hereby,
accepted bid.
interest rdtes of tho:: Bonds shall be, and th€ same
fixe;;:! at the rates stated ir. the-U~den.'r-iter-'s
* • • • • • • • • • • •
::t..'TROOUCED M"D PASSED:
AYES,
NOES,
ABSTENTIONS;
City Clerk
~PPROVED AS TO FORM:
JONES F.AI .. L HILL & WHITE,
A Professional Lar,.· Corporation
By,
Stephen R. casaleggio,
Bond Counsel
APPROVEP:
Mayor
City Manager
PiL-ec'Cor of Finance
Senior Assistant City Attorney
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QSOr.UTION NO.
RESOLUTION OF "l'BE COUNCIL OF THE CITY OF PALO ALTO
AWARDING COl:~STRUC'1"ION CONTUC'X FOR TBE CALIFORNIA AVENOE
PA-~ING ASSESSMENT DISTRICT NO. 92-13
The Council of the City of Palo Alto does F,ESOLVE as
follows:
WHEREAS, the City has heretofore caused sealed bids for the
work and improvements to be done pursuant to and as sp€cified in
Resolution of Intention No. 7220 adopted by the Council an August
9, 1993 {the ·project-) to be opened and reviewed b/ the staff and
~~gineer of this City; and
WHEREAS, said bids were referred to this council for its
consideratio~.
l\fQW THEREFORE, !T IS ORDERED as follo ..... ·s:
1. This Council finds that HODGSO.r; CONSTRUCTION COHPlu .... -y is
the lowe&t responsible bidder from among the bids received alld
hereby awards the contract for the Proj ert to such lowes t
responsible bidder according to the terms of its bid.
2. This Council herea~ rejects all other bids for the project
.:]nd directs that any good faith bid cep05.it.6 be return2d ir,
accordance .... ith the terms of r.:he bldding spe:cif,i.cations.
3. The Mayor is hereby authDri zed and directed to execute a
written contract with the bidder identified above in aecor-dance
with the approved forms of specifications and co~tracts for the
Proiect and the Cit.y Clerk :is authorized and directed to attest
the -execution of s'.lch ccn~ract.
4. The City Manager. Director of Finance and other
appropriate Officials of thE: City are hereby authorized and
directed to take all actions in furtherance of the aforesaid award
of contract such that the work upon t.he Project shc:ll CQl'l'!fnence
forthwith and proceed wi th diligence to completion. such actions
shall include the obtaining of required sureties and insurance
from the cont.ractor and the provision of prevailing wage schedules
and related notices to appropriate agencies of the State of
California.
INTRODUCED AND PASSED;
I'.YEs:
NOES:
IUlSENT:
ABSTENTIONS:
.l.TTEST:
City Clerk
APPROVED AS TO FOR..~,
JONES BALL HILL & WHITE,
A professio~Al Law Corporation
By,
Stephen R~ Casalegqio.
Bond Counsel
APPROVED:
City Manager
Director of Finance
senior AssistaIl.t City Attorney
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PART II -FORMAL CONTRACT SECTION 00500
CONTRACT
This Contract. dated • is Itntered into by and between the Cfey of Palo
Ano, a municipaf cOfijOliition of the S • .a~8 of California ("CitY'") • and' _Hodgscr~ Constnx:t.ion Inc.
____________________________ ~.. '~aljfgrpia ~ration ("'Contractor"'}, wh.,se
Taxpayer Identification Number is -=9",4:...-;:2;:3;:.07"5,,,6~O,--______ _
For and in cons/deration of the fonowing covanano.. terms and c"nditions, City and Contractor ("the
partie.!;'"} agree:
1. rflrm. This Contract snarl camrnl!(lce on, snd be binding on th.e parties on, the Date of hecution of
tnis Contract,. snd shan upire on the date of recordation of the Notice of Suhstantial Completio!"l. or,
t1 no such notice is requiri!d to be fjlllKf, em the date that final payment is mil de hereunder, subject to
the earlier termination of this Conuact.
2. Gen""nl SCOOt of Project .and Work. Contractor sha~ furnish labcr, .servicn, materials and equipment
in connection with the construction of the Proje-ct and complEite th e Work in accordance with the cove
nants, temts and conditions of thi.s Contract to the satisfaction of Ctty. The Project an'J' Work is
generally dQcnced as foflC!ws:
TitJe: Califonda Ave. Parting StructurENp.: 19213
Base Bid: $ LIT?!)!)3.55
Add Alternates frf ;anyl; $ --'N"."/A-'-___________ _
TexaPBld$ 1,177,998.55
3. COr'lltrilct Documents. Thi:5 Contrsct shan consist of the docl,1ments set forth barow, wflrcl'l are on file
with the Cft"y Clerk and are hereby incorporated by reference. For the purposes of C"o:1struing,
interpreting and resolving im;onsistencies befY,leen the provisions of this Contract, t."ese documents
and the provisions m-ereof are set fonh in the fcnoMng descending: order of pre~dence.
a. The Contract.
b. Notice Inviting Formaf e;ds.
c. Contract Speeifications
d. Drawings.
e. Change Orders.
f. Bid.
g. Supplementary Conditions.
h. General Con~tions.
i. Standard Drawings and Specifications (1992).
j. Certificate of Insurance, Performance Bond and Later and Materiats Bond.
k. Affirmative Action GuideIines and" Compliance Report.
I, Other S,pecffications. or part thereof, not e.-pressfy inc::orpotated in the COI,tract Spe(:ifications
or the Standard Drawings and S~ecific3tiol1s \1992).
rn. Any other documem not expressly memiont!d herein which is issued" by City or entered irUo by
the parties,
CITY of PALO AlTO: Forrr ... ~ Contract ;SamjJJef "'lIFe (10/921 SECTION 00500..1
PART II • FORMAL CONTRACT SECTION 00500
4. Comger.satjQn, In considera.ion of Contractor's performance of its cbl~\jla{iOI1S hereunder, City shall
paV t~ Con\fact~r the amourtt ~et 1QM I!". C~ntt;acto"$ Bid In aecordarlc.e with the pt¢~ions of tl'ois.
Contract en:! upon the neei!)t of written invoices and aU necessary supporting dc-c:umefllation within
1he time set forth in the Contract S;:lecificatlons and th& Stimdard Of;.willlJS and SpeCifications 119921.
or, if no time is stated, within thirty 1301 Days of the date of receipt of ContrOlCIO{'S invoices.
5. jnsuranCl. an or befera the Oa11!' of Extc'ution. Contractor shan obtair, and' mainuin the poflcies of
in:s;uranCl' coveraoe desCflbed in the Notice Inviting Formal Bids on term.s and conditions a!1d in
(Iomounts as millY be reQuired by the Risk Manager. CitY :s:ha/! nOI be obligated 10 take O'Jt in.surance
on Contractor's personal propertY or the .pers~nai pro p.:!rty of a" 'I person perla rming labor or ser,l'ices
or suppfying materialS Of equipmer:~ IJn~e( the Project. Contractor shan furn'lsh City with the
c:artiTx:ares of insurance .. nd with original endorsements affecling coverage reQuired ur.der this Contract
on or before the Oate of becution. The certiflC&1eS Ii nd endorseme n1:$ for each insurance policy shaR
be !igned by a PfJrson who is ;puthoriz&d by that inslJrer to bind coverage in its behalf. Proof of
insurancs rohan be ma.i\ed ~!') the Proiect MaNlger to the address S-!t fonh in Sectior' 15 of this
CC~et.
5. Jng'emn."ficarlpn. Contractor 'Qrees fO J)roteC't. dl!fend, indemnity and hoia City. its Ciry Counc:ir
members. officer.s, and em~ n.rmles.s from and alilainst .ny and all claims, demerlds, liabilities,
losses, damages, ccm, expenus. liens. penalties, suits. or judomenu, arising in whole or in part.
cflJ'e1:tfy or indirectly. at any time from any injury fa or dealh of persons or dam3ge to property as a
r6sun of the willfuf Of lM!gf~ent aCI or .omission of Contractor, or which results from Contr4lCl.or',
noncompfloClnce with any uw respectin; the eondition. US!', OCcup8uon or safety of the Project site,
or any part lhereof, or "¥'.t1~h arises iTem Contr.C'\er·s ~ailufe 10 do anyming reQ\Jir~d under this
Contract or for doing ,nything which CO!1ua(;t.:lr is reQuired not to do under this Conuact or which:
~ri68$ from cc.nduc:t foe which any law impo.ses !trict frability on Cor.tJ41ctor in me periormO!flC8 of or
failure 10 perform the terms and condilions of this Contract. EltCepl as may arise from thl!' S(I/.e WIllful
01 negft,em act or Clmission of CitY or any of its City CounCil ml!mbers. officer$, Qr em~laV"5. This
indemnification shalT extel'l<l 10 any ,nd ali cl,;ms, demand.s, or r.ens made or filed bv reason of any
constnlction, reno .... ation. or remodeling work performed tly Contractor under this Ccntract at any time
during the term of this Con'Ua!:l, or ariSing thereafter.
7. AU.Y!Pption of Ris~ Ccntractor a9r88$10 voruntanly as.surr.e any and iJB risl<. of loss, dami1~e, or injury
to the IJroperry of COntraCUlr whk:h may occur ir\ on, or about the Pfojecl site at any time arld ir: any
manner, excepting such I::;ss, injury, or c.amage.as may be caus£!!d by the sole willful or negJige~'t act
or omission of Cirv or 3ny of f::S City Councn members, officers, or ~mploy~es.
8. Waiver. The ac:C'eptanc;:e of any paymem or :performance. or any part thereof, :sh.1I not ~~raTe as it
w,ivef by City of its rights under thES C'Jntract. A waiyltr by City of any breach of '-rty part Of
provision of this ConU,i.ct by COlltrac(or shari nOl operale as iii waiver or continuing waiver of any
subsP.q,uem breach of the same or any othN proviSion, nor shan any custom or prillctice which may
arise betwt!en!hi! parties in Ihe ar:!minis:raUQn of ilny part or provision of lt1is Contract be construed
to wai\,/e or to les:sen me ri~ht o! City to insist upon the performance of Ccntractor in strict compliance
with the COvena1'll1S, terms and conditioM!; of mis Contract.
CITY of ~AlO ALTO: Formaj Contrect IS.a!'!ltorer ~;rF8 (10(92) SECTIDr" 00500-2
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PART II -FORMAL CONTRACT SECTION 00500
9. Compr@nc:e with Laws. Conlt'ac:tor sheri com;J!Y wit~ all Laws no ....... in fOICe Of which may hereafter
be in foree pf!rtaining to the Project and WOTt oil nd' 1his Comra ct. w'ith the rEquiremen t of any bc'nd or
fite IJlldoerwri;;ers cr orner similar bOdy now or hereafter constituted. with any discretionary ltt:enSE or
permit issued pursuant to any Lzw of an)l p~b~c agent;y or official as we!1 as .,...im Oilny provision of All
recorded documents a'M'ectir.g the Project site. insofar as any 8~e reQuired by reC!'SM of the use or
occup.ancy of the P!-ejltCt t.ite. and with in laws ,Peru ining to nondiscrimini1<:ion end affi rrr'lil live action
to employment and ~;uardous materials.
1 O. ~§. As I condition ptecede.nt to Ci1;y's obligation to PiiV compenS3'lion to Contractor, and or: or
before thc! Date of Execution, ContraCtor shall furnish to the Project Manager tne Bond!' .IS required
under the Notice inviting FormaJ Bids.
11. Representations and Wjmamies. In the supply of any mi'terials and equipment and the rendering ct
rabar and IEirvices. during the cOlJrse an.d scope of the Proiect and Work. Cont{iJoctor represents and
warrants:
a. Any materials and equipment which shall be used during the course and sr;opa of the Project
and Work .shan be vested in CamfaCtor;
b, Any materiar.s and &Quipmenl which sherr be used during the cO\Jrse and SCOpt1 of the Project
and WO(k 5haR be merchantable and frt to b. u5ed for the" particular tJ l.'rpose fO( which the
materials are required;
c. Any labor and services tendered and materiala: ilnd equipment used or 1!mployed during the
course .nd scope of the PrC1ject ;and Work $haD be free of clefltCu; in worfr..manship for 8 period
of one IU year attar :he recordation of me Notice of Substantiai Completion, or. it no .such
notice rs required to be fl!ed. on the date that final payment is madill" hereunder:
d. Any manufacturer·, warranty obtilin~ by Contractor s"alf be obtained Of shaH be d~emed
obtained by Contrar::tor fer ind on behalf of City.
lit. AnV informatiot1 submitted by ContractOr prior to the award of COOtr'OllCl, or thereafte-f, upon
reque,;:, whether or not submitted under a continuing ob1iljlation.by the t~rms of the Contr~ct
to do 50, is tru~ and correct at the time such information is submitted or made available to the
City;
f. Contr&ctor has not colluded, conspired, or agreed. dire:;tly Of indirectly, with any person in
regard to the terms and conditions ('If ContraC1or':; Bid, except as may be PEnnined by the
Norice Inviting Formaf Sids;
". ContraCTOf has the pawet Cind authority to enter ;nto this C.ontract with City. that tfle ir,dividua'
exec.uting this Contrac;: is duly OIuthorize<1 to do so by appropriate iesoh.ltion, a.nd that thIS
Contract shari be f;xccutf!d, df!fiverea iino" performed pl,;rsuant to the power .no' aLIthoritY
conferred upon the person 0; person.s al.:thorizeO' to bind Contractor;
h. Conuactor has not made an anemp! to exen undue influence with the PurchasinQ Manac-er or
Project Manager or any ether person who Mas directly contributed to City's decision to cward
the contract to COnrrac.ior;
crn' of PALO -4L TO: Forrr.al Contract (Samplll) NlrB r10!9:.ll SECTION 00500·3
PART II -fORMAL CONTRACT SECTiON 00500
i. Thers are no unresolvea claims or d.spute~ blttween Conu-actor and City which we uld
m8!&ria ny aHect COfluactor'.s abilitY 10 perfolm under t."e Contract.;
j. Contractor hilS f\lmi~.ed and will furnish true s:'ld ac:urate sti:tements. records. reports,
re,oIutions, centfiCBtions, and otMr wrItten ir.formati~ .as may be reQuested of COiltraco.Of by
City from time to time dtJrinli the term of this Conrract.:
k.. ConuaClor .,.,d any person pe,"forminQ! labo. ilnd services unde~ this Project is duly rlCel1~d as
I contractor with the StOlte of CiI:ifomia as req uired by California BU$ines-s & Professions Code
Section 7028, as .amendedj :and
t Contractat hti fuily eumined .. nd inspected the Project site .and hilS fun /mcwledce of the
phyojcal cond'rtions of the ?roject site.
12. Assignment. This Contract and t~ perform.net required J'lereunder is personal to Contractor, and it
.s;h.an not be a.ssigned by Con,ractor, Any attempted i1s.$ignmert! shall be null and void.
13. Claims of ConttaC"ipr. All claims r;!ettainino to e)Ctl.; work, addft!onal chiH'ges, or d~ays within the
Contract Time or other dispvtes arlsing oLrt of L"ll!l Contract she II be submitt&d by ContractDr tc City
in writinq by certified or registered mail withil1 ten I' OJ OaY$ .after the cJaim arose or witt-,in such other
time as may be permftt.ed Of" reQt.Jired b.ylaw, and shalT ~ described in sLtfficitlnt detaij to give ade~1Jate
notice of tile substance of the claim to C'tty,
T 4. AIJ)fItl by CRy, Curing the te-rm of this Contract and fO( i1 I18riod of not iess than ttvn (3) years after
the expiration or ealiHN termination of VIis Contr:iIet, City sP\a!J nave the right to ac.ur.t COrttr.lct<J"s
PtojeCNlli.ated and Work-reiated writi!'\.g'S and bWiineu record .. , as such terms are defined in CarifomiiJ
EvidellCe Coot! $ectiC!N 250 and 127?, illS amended. during ~ ,ew:ular bYsine" hours of ContractOr,
CH", if Contractot hu no 5ucf1 h<l'Jrs. during the r~ullr business hour~ of City,
15. ~. An agreements, appointmflnl5. approvals. au:thotizations, claims, demands. CJ\cInge Orders.
CQn$enU;, duignations • .notices, oHels, I~Quests and statements given bv either party to the other sharl
ba in. writing and .shan be sufficiently 'iJiven and served upon tht:: other party if (1) personany served,
:2t sent bv the United States m;!~, postage pre"aid, (31 Sli!'nt by priv.at~ express dE:livery service, or f4J
in the cue of a facsimile transmission, if sent to the tell!phOl1e FAX nwmber set forth be,!ow dLlrlng
re;;lular business hours of the receiving party and foflowed within two (2) Day::. by delivery of a hard
copvof the mate-fiar sent by facsimile transmission, in iiiccordan~e with (1), (2) or 13f .bo",,", Fersollal
service :;haD include, without limitation. service by delivery and seiVice by fac£im~e transmission.
To City: City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Bo. 10250
Palo Alto, CA 94303
CITY 01 PAlO ALTO: Formai Con;faci lSarn;llel NIFB !10/921 SECTION 00500-4
•
PART II • fORMAL CONTRACT SECTION 00500
Copy to: City of Palo Alto
Department of ?!Jh1ic iiorks'fn17;ne;:>nng
250 Hamilton AvenlJe
P.O. Box 10250
Paio Alto, CA 94303
(415) 329 .. ~2~6~)~6 ______ ___
FAX: 14151 329· 229<.9 _____ __
ATTN: Project Manage~ for Project, Pat stone
To Contracroi: lblgoon Const::ruction. Inc.
751 warr-.ina+-...on Ave.'r1.ll€'
RBZ..=d. City, CA 94063
FAX:141S)~3~6~5-~9~9~86~ ___________ _
ATTN: John Kugler, Chief EGtimator
16. Appropriation of City Mmds, This Contract is subject to me fiscal provisions of Article III, Section 12
of the Chart9t' of the City of Palo Afio. Anv char"es hereunder for labor; services, materials and
equipment may accrue only atti!f ;sueI'! expandiiure.s have tleen appro~d ir1 advance in writing in
accordance with Ipplica~e laws. This Conuact shalf 1ennir.ate without penalty (If at me end of .eny
1i$... ... 11 year in the e\lent tNit funds are not appropriated for the following fis.cal year, or (Iii at iiny time
wTth.in a fiscal year in th& event that funds are only appropriated for :a ~ortion of the fiscal year :and
funds for this Contract are no longer CI'i.ailable. This Section 1 e shan control in the e\lent of a col1flict
wrm ;:;Iny other prOliision cf thrs Contract.
1 7. Migi!Oaneous.
iii. Ba~ee Disctaimer. The tlsrtiE.S understand and a",fee that Cit')' does r.ot purport to be
Contractor's bailee, and City is, therefore, not responsible for any damage to the personal
property of Contractor_
b. Con~nt. \oVhen~\ler in tills Contract the appro ...... 1 or consent of .a party is reQuire-d. sucn
appro ..... ' 01 consent shall be in wntin~ cmd shall be executed bv 8 person ha .... ing the express
authority to grant such approval or consent.
c, Con-Jolljng Law. The parties ;'OI{ie that this Contract shan be gO\lerned and construed by and
in accordance with the Laws af the State of Carifa-mia.
CITY of PAlO AlTO. formal Contraet lSamplel ""we {10!921 SECTION 00500.-5
PART II • FORMAL CONTRACT SECTION 00500
d. Definitions. The definitions and tefrlS 5Ct fr;;rth in Section of the St.iJ:nd .. rd Drawings and
$pecificaUQr.s (1972.1 01 tllis Contrilct are incorpor3ted herein by re'i'erenee.
e. Force Majeure. Nei1Mr partY $hall be dei!med toO he in defauft or; .ceount of any dela'" or
failure to perform its obii"ati(lns under this Contract which direc:iy ruults from an Act of God
or $On act of a superiCl( governmental autnoriry.
f. Heading5. TIle Jlaragraph heaC:fings ate r,ot iii part of this Contr;cl and shalT have no effect
upon the consuuction or interpretat!on of any paft of l!lis Contract.
g. InCOfi)Ol'ation trl DOC"~ments. Ail documents c:onstiiuting the Contract documents descrlbed
in Settien:3 hereof and an documents which may, from time 10 time, be referred to in any duly
executed amendment hereto are by such reference incorporiiited in this Contract and shilln be
deemed ~o be part of this Contract.
h. Integration. This ContTiet and any amendments hereto be!'NMn the parties constitute the
entire agreement between ttHI parties conceming the Project and Work, .. nd there are no other
prior eral or written agreements between the pani&.s that are nOI incorporated in this Contract.
1. Modffieation of Agreement. This Contract shan not be modiF.ed or be binding UPO!'1 the-parties,
unless such modification is agreed to in writing and signed by tt1~ parties.
j. Provision. An.,.. agreement, COlISn,;nt, condition, clause, quafificztion, restriction, ruen,.tion,
tflrm or other stipulation in me Contract shan define or orherwise control, establish, or limit the
performa~ce ri!Quired or permitted or to be required of 0( permitted by e!ther party. AIl
provisions. whether covenants or conditions, sha n tle deemed 10 be both covenants and
conDitio",$:.
k. Resorution. Contractor shan submit with its Bid a copy of Ilny corporal. or poJr"Ulership
Rlsokrtion 01 oth&r wrTting. wtlkh ..... momes any director, officer Of othoer empjoyee or partn~
to act for or on ben.atf of ContractOr CI which alJttlcrUes Contractor ro enter into this Contract.
I. Severability. If a court of competent jurisdiction finds or rulu that any prOvision of this
Contract is void or U'nen~o:,ceable, me prcvisior.s of this Contr;r:l .. ,et so affected' finan remain
in full force & n c! effe;::t.
m. Stztus of COl\tractor. In the e.xercise of right5 and ob!jgations unde~ L')is Contract, Contractor
aCtS liS an independent cor.naetor and not S$ an agent or employee of City. Contr.actor shan
not be entitled to any rights and benefits accorded or accruing to the City Counc~ members,
officers or emplovees of City, and Cor:tractor expressly WaiVES any and an claims to such rights
and benefil$.
n. Successors anC: A&sigJ1s. The provisions of this Contract sha!1 inure to the benefit of, and shall
applv to aM bind. the SlJccess()(s and assigns of the parties.
CtTY 01 PALO ALTO: F'Jrmal Contract ~SampJ411 NIFB {101'321 SECTION 00500·6
•
PART II -FORMAL CONTIIACT SECTION 00500
o. TIm/& of the Essence. Time is of the essence of this Contract and each of it5 prcyjsjons. In
lhe eak:ut.atiol'\ cof time hereunder, the time in which an act i$ to be performoed shall be
comput&dl by ItllCciuding the fir.st Dav and includi rl'M the tnt. If the timil' in which an s.::t is to
~ perfonned fans on a Saturday. Sunday, or any D.ay obsel"\ltld as 8 f4igal hollday by City, ~he
time for piIIrlormance shall be extended to the foRowing Business Oav.
p. Venue. In the evenl that surt is brought by eitt\t!r party herE'ul';d(t(, L"e ~njes agree that trial
of liuch action snan be liested exclusi'<leJV in the stdte courtS of Calitomia in me CCl.mty of
S.tnta eara In the City of San Jose Qi in me United States District Court for the Northern
District of Califwnia irl me Ci'V of San Jo.s~.
Q. Reco\;ery of coSU. Tho prevailinlOj party in an,!, action brought to enforce the terms of tl\i~
Contract or an-sina out of this COf"ltfacr may r~""er its rea.son<!lble C"OSU, ir".c:ru~nQ reaso(Jable
attorneYs fees, inCtlfTed or eXpended in connection with such aetion against the non~preY8in~
party.
IN WITNESS WHEREOf, the parties have ueeuted this Contract on the date first above stated rn Pale
Atm. Califomla.
AT'TEST: CITY Of PALO ALTO, CAUFORNIA
Br. ________________________________ _
Mavar
APPROVEo, CONTRACTOR.; HOOgSOl1 Const.roc:tion Inc.
BV: _____________ _
Ci'ty Manager
Name:
Director of Public Works Titlll:l: ________________ _
Director of Fin.ance i iii lI:payer 1.0. No. ~9:.:4'---:::2J::.G:.7:.:5:.:6:.:0'_ _______ _
Rfsk Manager
APPFlOVm AS TO FORM:
Senior Assistant CitY Anorney
END OF SECTION
CI1Y of PALO ALTO: Forma! Contract fSampJeJ NIFB I,Cf921 SECTiON 00500-7