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04-032 Republic ElectricRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -3255 NO FEE INACCORDANCE WITH GOY. CODE 6103 DOCUMENT: 18274534 1 Pages: 3 Fees.... + No Fees Taxes... Copies.. AMT PAID BRENDA DAVIS RDE # 005 SANTA CLARA COUNTY RECORDER 3/15/2005 Recorded at the request of 10:53 AM C ty (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION FURNISHING AND INSTALLING UNINTERRUPTED POWER SUPPLY (UPS) SYSTEMS AND EXTERNAL TRAFFIC SIGNAL CABINETS FOR ARTERIAL TRAFFIC SIGNALS AT VARIOUS LOCATIONS, PROJECT 03 -9547 T Original 0 For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014 -3255 (408) 777 -3354 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION ANll NOTICE OF ACCEPTANCE OF COMPLETION FURNISHING AND INSTALLING UNINTERRUPTED POWER SUPPLY (UPS) SYSTEMS AND EXTERNAL TRAFFIC SIGNAL CABINETS FOR ARTERIAL TRAFFIC SIGNALS AT VARIOUS LOCATIONS, PROJECT 03 -9547 NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and Republic Electric on April 29, 2004, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered on January 18, 2005. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. Date: January 20, 2005 %-12-/4 a t4 a && Director of Public Works and 'City Engineer of the City of Cupertino Printed on Re,;ycled Paper VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the I 01 of March, 2005 at Cupertino, California. Administrative Clerk City of Cupertino CONTRACT FOR PUBLIC WORKS This CONTRACT made on Az) I aq 1 a U fly by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and Republic Electric hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature. Form. b. Standard Specifications, General Provisions ,S].ecial Provisions and Technical Provisions. c. Plans and Specifications for FURNISHING AND INSTALLING UNINTERRUPTED POWER SUPPLY (UPS) SYSTEMS AND EXTERNAL TRAFFIC SIGINAL CABINETS FOR ARTERIAL TRAFFIC SIGNALS AT VARIOUS LOCATIONS, PROJECT NO. 03 -9547 d. Faithful Performance Bond and Materials Bond. e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be eXecuted the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of slurry sealing various streets, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, FURNISHING AND INSTALLING UNINTERRUPTED POWER SUPPLY (UPS) SYSTEMS AND EXTERNAL TRAFFIC SIGINAL CABINETS FOR ARTERIAL TRAFFIC SIGNALS AT VARIOUS LOCATIONS, PROJECT NO. 03 -9547 which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall Contract For Public Works FURNISHING AND INSTALLING UNINTERRUPTED POWER SUPPLY (UPS) SYSTEMS AND EXTERNAL TRAFFIC SIGINAL CABINETS FOR ARTERIAL TRAFFIC SIGNALS AT VARIOUS LOCATIONS, PROJECT NO. 03 -9547 Page 1 of 6 be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Ralph A. Qualls, Jr. 3. CONTRACT PRICE. CITY agrees to pay„ and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of $ 188,100.00 (One Hundred Eighty Eight Thousand, One Hundred Dollars and Zero Cents) subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with Section 6, paragraph 'T' of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed Contract For Public Works FURNISHING AND INSTALLING UNINTERRUPTED POWER SUPPLY (UPS) SYSTEMS AND EXTERNAL TRAFFIC SIGINAL CABINETS FOR ARTERIAL TRAFFIC SIGNALS AT VARIOUS LOCATIONS, PRO: ECT NO. 03 -9547 Page 2 of 6 improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications of this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay m transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. Contract For Public Works FURNISHING AND INSTALLING UNINTERRUPTED POWER SUPPLY (UPS) SYSTEMS AND EXTERNAL TRAFFIC SIGINAL CABINETS FOR ARTERIAL TRAFFIC SIGNALS AT VARIOUS LOCATIONS, PRO IECT NO. 03 -9547 Page 3 of 6 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 Of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to, Republic Electric, 7120 Redwood Blvd, Novato, CA 94945, postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. Contract For Public Works FURNISHING AND INSTALLING UNINTERRUPTED POWER SUPPLY (UPS) SYSTEMS AND EXTERNAL TRAFFIC SIGINAL CABINETS FOR ARTERIAL TRAFFIC SIGNALS AT VARIOUS LOCATIONS, PROJECT NO. 03 -9547 Page 4 of 6 17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. ]Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for any damage; to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States Dr by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CO:,14TRACTOR unqualifiedly guarantees the first - class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) y -.ar of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. Contract For Public Works FURNISHING AND INSTALLING UNINTERRUPTED POWER SUPPLE" (UPS) SYSTEMS AND EXTERNAL TRAFFIC SIGINAL CABINETS FOR ARTERIAL TRAFFIC SIGNALS AT VARIOUS LOCATIONS, PROJECT NO. 03 -9547 Page 5 of 6 P.O. No. 21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currently under construction or to be constructed in the future. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO: By: Mayor Attest: City Cl k Date: d9 , 20 City Clerk APPROVED AS TO FORM: City Attorney CONTRACTOR: Bd 1-9- -t VP =gment Notar y ackno es reuired. If a corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Social Security No. is required. Social Security # (Z>8- C)2,:f6`112'q Federal Tax I.D. # Contractor's License No. s+ Project Name & Number: FURNISHING AND INSTALLING UNINTERRUPTED POWER SUPPLY (UPS) SYSTEMS AND EXTERNAL TRAFFIC SIIJINAL CABINETS FOR ARTERIAL TRAFFIC SIGNALS AT VARIOUS LOCATIONS, PROJECT NO. 03-9547 Contractor's Name & Address: Republic Electric 7120 Redwood Blvd. Novato, CA 94945 Contract Amount: $ 188,100.00 Account Number: 420 - 9547 -9300 File No: 74,001.37 Contract For Public Works FURNISHING AND INSTALLING UNINTERRUPTED POWER SUPPLY (UPS) SYSTEMS AND EXTERNAL TRAFFIC SIGINAL CABINETS FOR ARTERIAL TRAFFIC SIGNALS AT VARIOUS LOCATIONS, PROJECT NO. 03 -9547 Page 6 of 6 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of A94AJ ss. On 14 L2- t-> 10 4 , before me, 'Wut2jq Au-"J oe-i&S Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared 7AK4 -E7Y Name(s) of Signer(s) P4 personally known to me ❑ proved to me on the basis of satisfactory Etvidence to be the personf s� whose nameW is /aye OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: c owlTi2,Fc_T (vR MA..8Lic W.,2 r- S Document Date: Number of Pages: (.0 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer Signer's Name: 7Amrs A • "ill El Individual . Top of thumb here ,id Corporate Officer — Title(s): t cle ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I�F�Pu B u' Etkcruc- 0 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 subscribed to the within instrument and acknowledged to me that hell@he4 ey executed the same in his /herftheo. authorized c:apacity4Qej, and that by his,44efA4ieir MFI I((DA SAUNDFRS signature,Kon the instrument the personK, or the behalf the Comrr?s­ion entity upon of which person.(ef # 1295397 Notory Ptri,fic C:olifomia acted, executed the instrument. Sn t nr (:aunty %NITNESS my han a official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: c owlTi2,Fc_T (vR MA..8Lic W.,2 r- S Document Date: Number of Pages: (.0 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer Signer's Name: 7Amrs A • "ill El Individual . Top of thumb here ,id Corporate Officer — Title(s): t cle ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I�F�Pu B u' Etkcruc- 0 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 3.2 BID PROPOSAL k**81TA FURNISHING AND INSTALLING UNINTERRUPTED POWER SUPPLY (UPS) SYSTEMS AND EXTERNAL CABINETS FOR ARTERIAL TRAFFIC SIGNALS AT VARIOUS ]LOCATIONS TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA Dear Sir: In compliance with the plans and specifications furnished for the work to furnish and install uninterrupted power supply (UPS) systems and external traffic signal cabinets for arterial traffic signals at various locations in the City of Cupertino, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to complete the work in accordance with the plans and specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs. Bidders shall complete the entire Statement of Ouali {cation and submit it with the bid proposal documents Failure to complete the questionnaire or inclusion of any false statement(s) shall be zrounds for immediate disqualification. I, the undersigned, also understand that the quantities shown below are estimated estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the furnishing and installing UPS systems and external cabinets for arterial traffic signals at various locations as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as scheduled. I further understand that I shall pay to the City of Cupertino the sum of Two Hundred and Fifty Dollars ($250.00) per day, for each and every day services are not completed as scheduled and/or specified. In the event of discrepancies between the written unit price and the numerical unit price, the written unit price shall govern. Bid Proposal Page 1 of 8 EXHIBIT-A,,,, Bid Est- Qty-Item Unit 1. 25 Each 2. 25 Each ESTIMATED QUANTITIES Unit Item Price Total Furnish &Install Uninterrupted Power Supply $ (J a �A• $ (UPS) System Each Furnish & Install External Cabinet to Store UPS Each $ a S /EA. $ S) , a So —t TOTAL PROJECT Bid Proposal Paae 2 of 8 $ 03750 I, the undersigned, agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check (-bi=bond i the amount of $ as required by law and the Notice to Bidders. (10% of bid amount) Bid Proposal Pale 3 of 8 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I, the undersigned, being first duly sworn, depose and say that I am Kee'r6 V-jc� of _ 9-e� Pu'e--A-1 G � G (Bu ess Title) t (Business Name) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Bid Proposal Page 4 of 8 BIDDER QUALIFT[CATION FORM In further compliance with the specifications furnished, L the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for 13 years. Our experience in work comparable with that required by the proposal contract is I-j years operating under the following different name(s). P6FUeLt C- Gr-cIG My California Contractor's License Number is '4::;4--`I S74— The classification of my Contractor's License is 1 O The expiration date for my Contractor's License is D�}' * (This Section for City use only) w �.4 * The above inform has been verified by _ on I z I (net * Contractors State License Board (800)321 -2752 or (408) 277 -1244. Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. Bid Proposal ]?a,-,e 5 of 8 BIDDER HISTORY OF WORK The following is an example of work similar in character to that required in the proposed contract which our organization or personnel in our organization has completed within the past three (3) years. For Whom Contact Ccj ©9):?,9 :?- _ZEE Year Location Type of Work :Performed Phone No. A nt 2v0A- 10 iiATU- - SC'Ci1e*iS 2v�� I�'l�,�GcS���� �S ��� G� ��• �✓��� � I E7Q � ��0)�2 -¢z�a Z�v3 f g �.•�GL��t'�.�5 �s �-F � a �� � I d'3 i� (,�o�)�� -d3a: 2r>o3 30 ► n�-�1"��^5s c h.-, Q r��ra [ y' C �3 -�92� zoo 20 d,, us br4 -311. 2M3 St IAA. 5.oµ ocrs I -G 16vae Z (bZ)Zrt-2339 S -a, b4-4- -Ivy -s b`��' .��--� -� I�s�3o -61Zc Bid Proposal Pacre 6 of 8 SUBCONTRACTOR'S FORM The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one -half of one percent (0.5 %) of the total bid or ten thousand dollars ($10,000.00), whichever is greater, are listed below. Only those listed below shall perform work on this project and each of them has been provided with a full and complete set of plans and specifications for this project by the bidder. 1. Name 4 r;.;,�- Contractor's License No. Address & phone no. Work to be Performed 2. Name Address & phone no. Work to be performed 3. Name Address & phone no. Work to be performed 4. Name Address & phone no. Work to be performed 5. Name Address & phone no. Work to be performed 6. Name Address & phone no. Work to be performed Contractor's License No. Contractor's License No. Contractor's License No. Contractor's License No. Contractor's License No. Bid Proposal Page 7 of 8 BIDDER'S SIGNATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO- PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO- PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY - TREASURER, AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF NAME OF BUSINESS Cv>�QE�TtMA BUSINESS G�c.c F�.F,I l p CORPORATION: 'Stir tssc -�-4 — �EG�BTL�ft -4 A T�? 2�h� CO- PARTNERSHIP: INDIVIDUAL: JOINT VENTURE: • 1 Name and Signature of Date: (Describe) k [A (Print or ty AMES k. U� Address (mailing & location): CA 94-94 Telephone Number: (4f5) M&- 6693' A � �u Acknowledgment of all addenda received is required by circling each addendum number. 1) 2 3 4 5 6 7 8 9 10 Bid Proposal Page 8 of 8 INSURANCE FORMS, INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability /commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. Insurance Instructions CITY OF sm,- CUPEI,TINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self - insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub - contract work, contractual obligations, product or completed operations, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with resp .-ct to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. LIMITS Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California — Worker's comp — "statutory" per CA Law; Employers' Liability — $1,000,000 per occurrence. Insurance Agreement Page 1 of 2 General Liability - commercial general liability; Combined single limit of $1.0 million per including provisions for contractual liability, occurrence; $2.0 million in the aggregate. personal injury, independent contractors and products — completed operations hazard. Automobile Liability - comprehensive covering owned, non -owned and hired automobiles. Consultants only: Errors and Omissions liability (Contractor's Name) Dated: Combined single limit of $1.0 million per occurrence. $1.0 million per occurrence. Insurance Agreement Page 2 of 2 20 S11RIU111- CITY Of CUPEkTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: Address: Description of operations /locations /products insured (show contract name and/or number, if any): WORKER'S COMPENSATION * Statutory Min. * Employer's Liability (name of insurer) Insurance Company's State License No. Check Policy Type: Each Occurrence $ COMPREHENSIVE GENERAL LIABILITY [ ] Premises /Operations General Aggregate $ (if app''.icable) [ ] Owners & Contractors Protective Aggregate $ [ ] Contractual for Specific Contract Personal Injury [ ] Products Liability [ ] XCU Hazards [ ] Broad Form P.D. Fire Damage (anyone fire) $ [ J Severability of Interest Clause [ ] Personal Injury with Medical Expense $ Employee Exclusion Removed (any one person) or Self- Ir►sured COMMERCIAL GENERAL LIABILITY Retention $ (name of insurer) Policy No. Expiration Date Certificate of Insurance Agreement Page 1 of 2 AUTOMOTIVENEHICLE LIABILITY Commercial Form Liability Coverage (name of insurer) Policy No. (agent's initial) BODILY INJURY PROPERTY DAMAGE Each Person Each Accident Each Accident Combined Single Limit Expiration Date [.71 A copy of all Endorsements to the policy(ies) which in any way limit the above - listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. Dated: Attach Certificate of Insurance and Additional Insured Endorsement on company forms. Certificate of Insurance Agreement Page 2 of 2 20 S__1V___ CITY Of CUPERTINO ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: [n consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ( "City ") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ( "City "). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 4. Insured: 20 Additional Insured and Primary Insurance and Notice of Cancellation Endorsement Page 1 of 2 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. 1, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent /Agency: Address: Title: Telephone: Facsimile: Additional Insured and Primary Insurance and Notice of Cancellation Endorsement Page 2 of 2 CITY OF CUPEI_TINO COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT Project Title and Number: In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part the below- referenced policy of insurance. The general aggregate limit under LIMITS OF INSURANCE applies separately to the project) described as POLICY INFORMATION Insurance Company: 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 4. Insured: 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. 20 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. 1, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Address: Title: Telephone: Facsimile: Aggregate Limits Endorsement Page 1 of 1 S�Rv_ CITY OF CUPERTINO WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE . Project Title and Number: In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above - referenced Contract. POLICY INFORMATION 1. Insurance Company: 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 14. Insured: 20 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsement.s furnished to the District) Names of Agent /Agency: I Address: Title: Telephone: Facsimile: Subrogation Endorsement Page 1 of 1 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT WE, Principal, and Surety, (contractor's name) (bonding company's name) as as are held and firmly bound unto the City of Cupertino, State of California, in the sum of lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated 20 with the obligee to do and perform the following work to -wit: NOW, THEREFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this day of , 20_ (To be signed by Principal and Surety, Notary acknowledgment required) CONTRACTOR Principal Surety Street Address: City, State, Zip Attorney -In -Fact The above bond is accepted and approved this _day of , 20_ Faithful Performance Bond Page 1 of 1 PAYMENT' BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of more particularly described in said contract; and incorporated herein by reference. WHEREAS, said principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE, and (contractor's name) as Principal, as Surety, (bonding company's name) firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Payment Bond Page 1 of 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the term:; of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this day of , 20_ (To be signed by Principal and Surety. Notary acknowledgments required.) CONTRACTOR Principal Surety Street Address: City, State, Zip L"M Attorney -In -Fact The above bond is accepted and approved this _day of , 20 Payment Bond Page 2 of 2