07-105, Rosendin Electric, Inc.RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Pages 4
Fees.... ~ No Fees
Taxes...
Copies..
AMT PAID
REGINA ALCOMENDRAS
SF,NTA CLARA COUNTY RECORDER
Re+corded at the request of
City
RDE # 001
12/27/2007
248 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE INACCORDANCE
WITH GO[~ CODE 6103
CERTIFICATE OF COMPLETION
ANI)
NOTICE OF ACCEPTANCE OF COMPLETION
LIBRARY LIGHTING UPGRADE PROJECT
PROJECT N0.2007-9233
Original
D For Fast Endorsement
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTAI`(CE OF COMPLETION
LIBRARY LIGHTING (UPGRADE PROJECT
PROJECT N0.2007-9233
NOTICE IS HEREBY GIVEN THAT I, :E~alph 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 Rosendin Electric on Se;ptember 10, 2007, in accordance with the plans
and specifications for said work, have been completed to my satisfaction and acceptance of
completion was ordered on December 18, 2007.
That said work and improvements consisted ~~f 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.
C'~
Director of Public Works and
City Engineer of the City of Cupertino
Date: December 18, 2007
Printed on Recycled Paper
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
CUPERTINO
December 19, 2007
Recorder
Santa Clara County Recorder
70 West Redding Street
San Jose, CA 95110
DOCUMENT FOR RECORDATION -CERTIFICA'T'E OF COMPLETION
Library Lighting; Upgrade Project
Project No.:?007-9233
OFFICE OF THE CITY CLERK
Enclosed for recording is an original with accompanying fast endorsement copy of a certificate of
completion and notice of acceptance of completion. If there are any questions or concerns, please
contact our office at (408) 777-3223.
Sincerely,
~-~i~
~~-~'-~~
Mary Redwine
City Clerk's Office
"NO FEE"
VERIFICATION
I have reviewed this Certificate of Completion and Notice of Acceptance of
Completion. To the best of my knowledge, tree 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 18th of December 2007 at Cupertino, California.
R me
City Cler 's Offic
City of Cupertino
REi # Z ~ `~ g `~ 1
Project No.2007-9232.
DOCUMENT 00520 ~ ~Z~
CONTRACT
THIS CONTRACT, dated this j~day of , 2007 , by and between Rosendin Electric, Inc.
whose place of business is located at 880 Mabury Road; San Jose, CA 95133 ("Contractor"), and the- CITY OF
CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority
vested in the City by the laws of the State of California.
PROJECT NUMBER 2007-9232
LIBRARY LIGHTING UPGRADE PROJECT
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree
as follows:
Article 1. Work
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications,
Drawings, and all other terms and conditions of the Contract Documents.
Article 2. Agency and Notices to City
2.1 City has designated Terry W. Greene, AIA, City Architect, to act as City's Authorized Represenative(s), who will
represent City in performing City's duties and responsibilities and exercising City's rights and authorities in .
Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s),. ordelegate
one or more specific functions to one or more specific City's Representatives, including without limitation
engineering, architectural, inspection and general administrative functions, at any time with notice and without
liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City,
including without limitation, all releases and indemnities.
2.2 City has designated Terry W. Greene, AIA, City Architect, to act as Construction Manager. City may assign all
or part of the City Representative's rights, responsibilities and duties to Construction Manager. City may
change the identity of the Construction Manager at any time with notice and without liability to Contractor,
2.3 City has designated SMWM Architects, to act as Consulting Architect. City may change the identity of the
Consulting Architect at any time with notice and without liability to Contractor.
2.4 All notices or demands to City udder the Contract Documents. shall be to City's Authorized Representative at:
10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall
provide to Contractor.
Article 3. Contract Time and Liquidated Damages
3.1 Contract Time.
Contractor shall commence Work at the Site on the date established in the Notice to Proceed., City reserves the
right to modify or alter the Commencement Date of the Work..
Contractor shall achieve Final Completion of the entire Work (other than non-substantial punch list items)
within 90 Calendar Days from the date when the Contract Time commences to run as provided in Document
00700 (General Conditions).
Library Lighting Upgrade 00520 - 1 Agreement
Project No. 2007-9232
3.2 ,Liquidated Damages..
City and Contractor recognize that time is of the. essence of this Contract and that City will suffer financial loss
in the form of contract administration expenses (such as project management and consultant expenses), if all or
any part of the Work is not completed within the times specified above, plus any extensioris thereof allowed in
accordance with the Contract Documents. Consistent with Article 15 of Document 00700 (General Conditions),
Contractor and City agree that because of the nature of the Project, it would be impractical or extremely
difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part
of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay
City:
3.2.1 $ 250.00 for each Day that expires after the time specified herein for Contractor to achieve Final
'Completion of the entire Work, (other than erosion control and non-substantial punch list items) is
achieved.
These measures of liquidated damages shall apply cumulatively and except as provided below, shall be
presumed to be the damages suffered by City resulting from delay in completion of the Work.
3.3 Liquidated damages- for delay shall only cover administrative, overhead, interest on bonds, and general loss of
public use damages suffered by City as a result of delay. Liquidated damages shall not cover the- cost of
completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities,
or damages suffered by others who then seek to recover their damages from City (for example, delay claims of
other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof.
Article 4. Contract Sum
4.1 City shall pay Contractor the Contract Sum of Twenty Seven Thousand, Nine Hundred and. Eighty Five
Dollars and No Cents ($ 27,985.00). for completion of Work in accordance with Contract Documents as set
forth in Contractor's Bid, attached hereto:
Bid Form marked EXHIBIT "A"
Article 5. Contractor's Representations
In order to induce City to enter intp this Contract, Contractor makes. the following representations and warranties:
5.1 Contractor has visited the Site and has examined thoroughly and understood the nature .and extent of the
Contract Documents, Work, Site, locality,. actual conditions, ss-built conditions, and all local. conditions, and
federal, state and local laws. and regulations that in any manner may affect cost, progress, performance or
furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of
construction to be employed by Contractor and safety precautions and programs incident thereto.
S.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface
conditions, as-built drawings, drawings, products, specifications or reports, available for Bidding purposes, of
physical conditions, including Underground Facilities, which are identified in Document. 00320 (Geotechnical
Data and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set
forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information
contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the
information so identified, Contractor does not and shall not rely on any other information contained in such
reports and drawings.
Library Lighting Upgrade 00520 - 2 Agreement
Project No. 2007-9232
5.3 Contractor has conducted. or obtained and has understood all such examinations, investigations, explorations,
tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document
00520) abet pertain. to the subsurface conditions, as-built conditions,. Underground Facilities- and all other
physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or
furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract
Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional
examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be
.required by Contractor for such purposes.
5.4 Contractor has correlated its. knowledge and the results of all such observations, examinations, investigations,
explorations, teats,. reports .and studies with the terms and conditions of the Contract Documents.
5.5 Contractor.has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has
discovered in or among the Contract Documents and as-built drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to
conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, .the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a default
under any instrument, contract, order or decree binding on Contractor.
5.8 Contractor has. listed Subcontractors pursuant to the Subcontractor Listing Law, California Public. Contracting
Code §4100 et seq. in document 00430 (Subcontractors List).
Article 6. Contract Documents
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications
thereto:
Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit
Document 00482 Contractor Certification
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice. to Proceed
Document 00610 Construction Performance Bond
Document 00620 Construction Labor and Material Payment Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and' All Claims
Document 00660 Substitution Request Form
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions _ '
Document 00800 Special Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Specifications Division 1: General Requirements
Divisions.l6: Technical Specifications
Drawings & Plans
Library Lighting Upgrade 00520 - 3 Agreement.
ProjectNo. 2007-9232
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320
(Geotechnical Data and Existing Conditions), and the information supplied therein, are not Contract
Documents. The Contract Documents may only be amended, modified or supp}emented as provided in
Document 00700. (General Conditions).
Article 7. Miscellaneous
7.1 Terms 'used in this Contract are defined in Document 00700 (General Conditions) and Section 01420
(References and Definitions) and will have the meaning indicated therein,
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or
acting. as an employee, agent, or representative of City,. liable on this Contract or any of the Contract
Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed. that
liability of the City is limited and conf`med to such liability as authorized or imposed by the Contract
Documents or applicable -law..
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq.
7.4 The Contract Sum includes all allowances (if any). NONE ON THIS PROJECT
7.5 In entering into a public works contract or a subcontract. to supply goods, services or materials pursuant to a
public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights,
title and interest in and to_ all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2 (commencing with Section 16700} ofPart 2 of Division 7 of the Business
and Professions Code}, arising from purchases of goods, services or materials pursuant to the public works
contract or the subcontract. This assignment shall be made and become effective at the time City tenders final
payment to Contractor, without further acknowledgment by the parties.
7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed
to execute the Contract, as determined by Director of the State of California Department of industrial Relations,
are deemed included in the Contract Documents and on file at City's Public Works office, and shall be made
available to any interested party on request, Pursuant to Section 1861 of the Labor Code, Contractor represents
that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of
that Code, and Contractor shall comply with such provisions before commencing. the performance of the Work
of the Contract Documents.
7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required
herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts,
terms and provisions shall remain in full force. and effect and shall in no way be invalidated, impaired ar
affected. thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be
waived, they are hereby waived to the end that this Contract and the Contract Documents maybe deemed valid
and binding contracts, enforceable in accordance with their terms to the greatest extent pemutted by applicable
law. In the event any provision not otherwise included in .the Contract Documents is required to be included by
any applicable law, that provision is deemed included herein by this reference(or, if such provision is required
to be included in any particular portion of the Contract Documents, that provision is deemed included in that
portion).
Library Lighting Upgrade 00520 - 4 Agreement
Project No. 2007-9232
7.8 This Contract and the .Contract Documents shall be deemed to have been entered into in the County of Santa
Clara, State. of California, and governed in all respects by California law (excluding choice of law rules). The
exclusive venue for all disputes or litigation hereunder shall be in Santa- Clara County. Both parties. hereby
waive their rights under California Code of Civil Procedure Section 394 to file a motion. to transfer any action
or proceeding arising. out of the Contract Documents to another venue. Contractor accepts the Claims
Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division
3.6, Part 3, Chapter 5. .
Library Lighting Upgrade 00520 - 5 Agreement
Project No. 2007-9232
~~~ ~~ ~ 7
1N WITNESS. WHEREOF the parties have executed this Contract in quadruplicate the day and year rrs a ove wrr e1r.
LIBRARY LIGHTING UPGRADE PRQJECT
CITY:
CITY OF CUPERTINO, a Municipal Corporation of the
State ofCalifo is
Ralph A. Qualls, Jr.
Director of Public Works
Attest:
CONTRACTOR: ~~
ROSENDIN ELECTRIC, INC.
__ o
By:
rgnature] SeL' 0.~~'(tG~IPd jtr wVk7 W~2G~~GfY~'
Larry Beltramo
[Please print name here].
Kimberly Smith, City Clerk
Approved as to form by City Att ey: Title: Ex e c u t i ve r V . P _
[If Corporation: Chairman ,President, or Vice President]
rles Kilian, City Attorney By:
I hereby 'fy penal of perj that h [Signature]
~,~ Qualls r. of ity of pectin s duI t zed to
C' 1 exec a this cumen n be of the ' o pertino by Lorne Rundqui s t
a jori vote of City uneil [Please print name here] j
. Title: V P r F i n a n c a 1 S r- L f ~ (....~ w
[If Corporation: Secretary, Assistan# Secretary,
Chief Financial Officer, or Assistant Treasurer].
142.881 AB,C10
State Contractor's License No. Class cation
9130/08
Expiration Date Taxpayer ID No.
Designated. Representative:
Terry W, Greene, AIA Name: u~ A~jh+ptt`
City Architect Title: Project Manager
10300 Torre Avenue, Cupertino, CA 95014
Phone: 408-777-3354
Address: 880 Mabury Road, San Jose, 09.51
Phone: (4081 793-5028
Facsimile: 408-777=3333 ~?~` ~3 ~ ~ ~ Facsimile: (4 0 8 ~ 2 q.5 - 6 4 2 3
E-Mail: terryg@cupertino.or/g E-Mail: ~ rabbott@rosendin.com
CONTRACT AMOUNT: $ 27,985.00 '
ACCOUNT NUMBER: 420-9232-9300
FILE NO.: 51,203.07V
~~a~ OF DOCUMENT
/-
Library Lighting Upgrade 00520 - 6 Agreement
CALIFORNIA ALL-PURPOSE ACKNOWLEDGiMENT
State of California
ss.
County of c~XLY1 ~0. ~ 0.Y'Q
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^ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
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: ~b ~ttfn~n~' OC~5Z0
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Signer Is Repres ting:
Top of thumb here
®2004 NaBonal Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder. Call Toll-Free 1-500-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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WITNESS my h d and official seal.
~~ Signature of Notary Pudic •
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 o/this form to another document.
Description of Attached Document
Title or Type of Document: ~~1~G l~ ~''a~g'`~' t~0 sad
Document Date: - ~/ D ~ D T Number of Pages:
Signer(s) Other Than Named Above: ~ -' ~'" ~~ ~ ~~~ Itil D
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®1999 NaSonal Notary Associatbn •9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NadonalNotaryorg Prod. No. 5907 Reorder: Call Toll-Free 1-a00-876Ea27
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Project No. 2007-9232
DOCUMENT 00400
BID FOR,'N
To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders),
paragraph 1.
TO THE DIRECTOR OF PULBIC WORKS OF THE CITY OF CUPERTINO
THIS BID IS SUBMITTED BY:
Rosendin Electric, Inc. - Roy Abbott
(Firm/Company Name)
Re: PROJECT NUMBER 2007-9232,
LIBRARY LIGHTING UPGRADE PROJECT
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of
Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform
and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the
Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract
Documents.
Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement for
Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the
disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid
opening.
In submitting this Bid, Bidder represents:
(a) Bidder has examined all of the Contract Documents and the following Addenda (receipt of all of which
is hereby acknowledged).
Addendum No. ~ .Addendum Date Signature of Bidder
..._............._ .................................,. .....................................E __......................__._............__..__.........._.............................__._.
N/A ~
-- --------------------------------
(b) Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and
analysis and given notices, regarding the Project and the Site, as sct forth in Document 00520
(Contract), Article 5.
(c) Bidder has received and examined copies of the following technical specifications on City-provided,
Contractor-installed equipment. (N/A)
(d) Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it
has discovered in or among the Contract Documents and as-built drawings and actual conditions and
the written resolution thereof through Addenda issued by City is acceptable to Contractor.
Library Lighting Upgrade Bid Form
00400 - 1
J..
Project No. 2007-9232
4, Based on the ,foregoing, Bidder proposes and agrees to fully perform the Work within the time stated and in
strict accordance with the Contract Documents for the following sums of money listed in the following
Schedule of Bid Prices:
SCHEDULE OF BID PRICES
All Bid items, including lump sums and unit prices, must be filled in completely. Bid items are described in
Section 01100 (Summary of Work). Quote in figwes only, unless words are specifically requested.
ITEM
DESCRIPTION ESTIMATED
UANTITY
UNIT UNIT
PRICE
TOTAL
I. Install Lighting 1 LS $ 2 7, 9 8 5 $ 2 7, 9 8 5
Total Bid $ 27, 985
Total Bid Price: Twenty Seven Thousand Nine Hundred Eighty Five
(Words)
S. Subcontractors for work included in all Bid items are listed on the attached Document 00430 (Subcontractors
List).
6. The undersigned Bidder understands that City reserves the right to reject this Bid.
7. [f written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered
to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time
thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by
Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are
not limited to, Document 00520 (Contract), Document 00610 (Construction Performance Bond), and Document
00620 (Construction Labor and Material Payment Bond).
8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the
address set forth below.
9. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in
Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520
(Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the
commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform
independent work at the Site, the extent of such work may not be determined until after the opening of the Bids,
and that the undersigned Bidder will be required to cooperate with such other work in accordance with the
requirements of the Contract Documents.
10. ,The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated
damages for failure to complete all Work in the Contract within the time specified in Document 00520
(Contract) shall be as set forth in Document 00520 (Contract).
11. The names of all persons interested in the foregoing Bid as principals are:
(IMPORTANT NOTICE: If Bidder or other interested person is a corporation, give the legal name of
corporation, state where incorporated, and names of president and secretary thereof; if a partnership, give name
of the firm and names of all individual co-partners composing the firm; if Bidder or other interested person is an
individual, give first and last names in full).
Library Lighting Upgrade Bid Form
00400 - 2
Project No. 2007-9232
NAME OF BIDDER: Rosendin Electric., Inc .
licensed in ac9c~ 3 0 / e0 8 ith an act for the registration of Contractors, and with license number: 4 1 C10
Expiration•
Where incorporated, if applicable
Steve Loeffler, Division Mgr
Principals
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
Signature of Bidder
NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or
officers authorised to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm
together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership.
Business Address: 8 8 0 Mabu Road
an Jose, CA 5133
Officers authorized to sign contracts: Larry Beltramo
Telephone Number(s): 4 0 8- 2 8 6- 2 8 0 0
Fax Number(s): 4 0 8- 2 9 5- 6 4 2 3
E-Mail Address: lbeltramo~rosendin. com
END OF DOCUMENT
Library Lighting Upgrade Bid Form
00400 - 3