80-002 D Electro-Motion, Inc. Mann Station Generator Project 80-38&"S
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CONTRACT P0R, PU Ir1C UC?RK
CONT r;CT ..:=de on July 29, 1-980
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by the C= OF CUPERTINO, a municipal corporation of the State
of California, hereinafter called the Cit; , and L;
Electro -Motion, Incorporated
hereinafter called the Contractor.
IT IS uLREEBY ACRS. D by the parties as follows
1r Contract Documents . The complete Cor_tr;z.ct cor_-
sists of the following contract doc=ents
1. The specifications entitled "Mann Station Generator,
Project 80-38".'
2. Various bond and insurance requirements.
3. Bid -Proposal attached hereto as "Exhibit A".
Any -Ln,--' all obligatinns of the C=tY and the Contractcr are ruZly
set forth and described therein.
All of the above dcc=er_ts are intended tC cooperat-e so
that any worlk. called for i12 one and not Bien%ioned in t1he o# -her
or vice 'rersa, is to be executed the sam.,e as if mentioned i:l all
C, said document -s. The doc=ents co*. Lrisir_g the co=l_tz con-
tract are somet_wes hereinafter referred to as the Contract Doc.:-
ments. In Ca;e of conflict between the Plans and Spec? fi.zat"_oris
on the one hand, and this Contract Cn , Other, the Plans and
Soecif_cat ions shall iorevail.
2. Tho Wcrk. Mae Contractor agrees tc furnish" all of
the tools , ea went , .°.LZ}a3 at'.:S .6 Cil.6 - � -- . t� 3?iSDOrW
tion, and IP.c: -ria1 necessa:"j7 to oerform. and Cor^vl.ete in a, Vood
and waric uanl_1Ce m.anrer, the work of
Mann Station Generator, Project 80-38
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as called. for, and in the manner designated, in, and in strict
conforr..ity :rich, the Plans and Specifications prepared by the
following na.-ned person:
Bert J. Viskovich, Director of'Public Works
and adooted by the City, which Plans and Specifications are en—
titled respectively,
Mann Station Generator, Project 80-38
and t ich Plans and Specifications are identified by the signa—
tures of the parties to this Contract. It is understood and
agreed that Said tools, equipment, apparatus, facilities, labor,
transportation, and material shall be furnished, and that said
work shall be performed and completed as required in said Plans
and Specifications under the sole direction and control of the
Contractor, but subject to the inspection and approval ref the
City, or its representative. The City hereby desio mates as its
representative for the purpose o. this Contract the fallowing
named person:
Bert J. Viskovich, Director of Pmblic Works
3. Contract Price. The City agrees to pay , and the
Contractor agrees tc accept, in full payment for the work ab o,,7-
agreed to be done, the sum of.
Thirty -Five Thousand Eight Hundred Sixty -Four Dollars ($35,864.00)
subject to additions and deductions as provided in th3 Centrzct
Documents.
4. Disputes Perta.inin g to Payment for Work. Should
any dispute arise respecting the true value of any wo-^k done,
of any work o,dtted, or of any extra aork.which the Contractor
may be required to do, or respecting the size of any payment to
the Contractor during the perrormanca of this contract, said
dispute shall be deter=Lined either by reference to the =nit of
prices, if applicable, or in accordance with the agreement of
the parties, or in accordance with the rules of the American
Arbitration Association if the parties are unable to agree.
5. Perrits -,Compliance with Law. The Contractor shall,
at his expense, obtain all necessary per=its and licenses, ease—
ments, etc. , for the construction of the project, give a1= neces—
sary notices, pay all fees required by la:r, and comply with all
laws, ordinances , rules and regulations relating to the work
and to the preservation of the public health and safety.
6. Insbection by the City. The Contractor shall at
all times maintain proper. facilities a -:d provide safe access for
inspection by the City to all parts of the :rock, and to the sl-ops.1
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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 wit::out timely notice to the City of
its readiness for inspection and without the approval thereof
or consent thereto by the latter. Should any such work be
covered up without such notice, approval, or consent, it must
if required by the City, be uncovered for exa.,nination at the
Contractor's expense.
7. Extra or Additional 'Mork and Chan?es. Should the
City at any time during the progress of the work require any
alterations, deviations, additions or omissions from the Speci-
fications or Plans or other Contract Docu:,-,ents , it shall have
the right to do so, and the same shall in no way affect orHake
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 valuation_
shall be determined either by reference. to the unit prices, if
applicable, or in accordance with t:ze agreement, of the parties ,
or in accordance with the rules of the American Arbitration
Assocation if the parties are unable to agree. No extra :•Toric
shall be performed or change be made except by a written order
from the City, duly authorized b;r resolution of its governing
body, and by all agencies whose approval is required by Ia-vi
stat -".ng that the extra work or change is authorized, and no
claim for an addition to the contract sum shall be valid unless
so orderad.
8. Changes to Meet Environ -ental Requirements. The
City shall have the right to make chanrges in this Contract
during, the course of construction to -bring- the completed im-
provements into compliance with environmental requirements or
standards established by state and federal statutes and regula-
tions after the Contract has been awarded or entered into. The
Contractor shall be maid for by such changes either by reference
to the unit prices, if applicable, or in accordance with the
agreement of the parties, or in accordance with the rules of t.
American Arbitration Association if the parties are unable to
agree.
9. Termination, Amendments or Modifications. This
Contract nay be terminated, amended or modified, with the mutual
consent of the parties. The compensation payable, if any, for
such termination, amendment or modifications, shall be deter-
mined either by reference to the unit price, if applicable, or
in accordance .-iith the agreement of the parties, or in accordance
with the rules of the American Arbitration Association if the
parties are unable to agree.
10. Time for Comoletion.
shall be completed
before July 30, 1980.
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All work under this Contract
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If the Contractor shall be delayed in the work by the
acts or neglect of t -he city, or its er?"Ployees, or those under
it by contract or othenfise, or by changes ordered in the work,
or by strives, lockouts by others, fire, unusual delay in trans-
portation, unavoidable casualties or any causes .beyond the Con-
tractor's control,
or by delay authorized by the City, or by
any cause which the City shall determine justifies the delay,
then the time of co=letion shall be extended accordingly.
This paragraph does not exclude the recovery of dam-
ages for delay by either party under other provisions in the
Contract Documents.
11. Inspection and Testing- of r'1ater_als . The Con-
tractor shall notify the City a sufficJ_ent time in advance of
the manufacture or production of materials to be supplied by
him under this Contract , in order that the City may arrange
for mill or factory inspection and testing of the sarue, if. the
City requests such notice from the Contractor.
12. Tar:�nation "or Breach, etc. If the Contractor
should be adjudged a 'ban_cruut, or if he should ma_;e a general
assignment for the benefit of his creditors, or if a receiver
should be appointed.on account of his insolvency, or if he or
any of his sub contractors should violate any of the provisions
of the .Contract, the City may serve ;mitten notice upon _dim and
his surety of its intention to ter-minate `.hP Contract
notice to contain the reasons for such intention to te=, ' nate
the Contract, and, ¢nless within ten days after se-- of such
notice, such Y -i clarion shall cease and satisfactor�� arrance:ments
for correction thereof be made, t:�e Contract shall, upon the
expiration of said ten days, cease and ter�;:inate . In the event
of any such termination, the City shall immediately serve written
notice thereof upon the surety and the Contractor, and the surety
shall have the rig it to take over and perform the Contract; pro-
vided, ho1,rever, that, if the surety ;•rithin fifteen days after
the serving upcn it of notice of termination does nct give the
City written notice of its intention to take over and per
the Contract, or does not commence nerfoA.--,_=nce thereof alit:':i n
thirty days from the date of the serving of such notice, the
City may take over the work and prosecute the same to co:z+2letien
by contract, or by any other method it may deem advisable, for
the account and at the expense of the Contractor, and the Con-
tractor and his surety shall be liable to the City for any ex-
cess cost occasioned by the City thereby, and in such event the
City may., ritzout liability for so. doing, take possession of,
and utilize in ccrmleting the work, such materials, appliances,
plant and ether property belonging to the Contractcr as ray be
on the site of the :aorti and necessary therefor.
13. The Cityls Rizht to Withhold Certain Allmounts and
Mace ADDlication =hereof. In addition to the aLilount. t: !71 C:1 cine
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City may retain under Paragraph 21 of this Contract until the
final completion and acceptance of all work covered by the Con-
tract, the City may withhold from payment to the Contractor
such an amount or amounts as in its judgment may be necessary
to pay just claims against the Contractor or any subcontractors
for labor and services rendered and materials furnished in ana
about the :-tors... The City may apply such withheld amount or
amounts to "Che payment of such claims in its discretion. In
so doing, the City shall be deemed the agent of the Contractor,
and any payment so made by the City shall be considered as a
pay-zent made under the Contract by the City to *ths Contractor,
and the City shall not be liable to the Contractor for any such
payment made in good faith. Such payment may be made without
prior judicial determination of the claim or claims.
14. Notice and Service Thereof. Any notice from one
party to the other under the Contract snail be in uriting, and
small be dated and signed either by the' party giving ving such notice,
or by a duly authorized representative of such party. Any such
notice shall not be effective for any purpose cr•.^.atsoever unless
served in the follovd ng manner: (a) if the notice is given to
the City, either by personal delivery thereof to the City i,Tana-
ger of the City, or by depositing the same in the United States
mails, enclosed in a sealed envelope, addressed to the City,
postage prepaid and certified; (b) if the notice is given to the
Contractor, either by personal delivery thereof to the Contrac-
tor, or to his duly authorized representative at the site o" the
pro j ect , or by depositing the same in the United States mails ,
enclosed in a sealed envelope, addressed to said Contractor at
2466 Bay Road
Redwood City, CA 94063
postage prepaid and certified; and (c) if the notice is liven to
the surety or any other person, either by personal delivery to
such surety or other perscn, or by depositing the sarre in the
United States mails, enclosed in a sealed envelope, addressed
to such surety or person, as the case may be, at the address of
such surety or person lascommunicated by him to the party
giving the notice, postage
ge prepaid and certified.
15. Assignment of Contract. Neither the Contract,
nor any part thereof, nor moneys due or to becorue due thereu;nd=r,
may be assigned by the Contractor without the prior written ap-
proval of the City.
16. Comtoliance with Specifications of Materials. When-
ever in the Specifications, any material or process. is indicated
or specified by patent or proprietary name, or by name of manu-
facturer, such Sloe cificat ions must be met. by Contractor, unless
the 'City agrees in writing to som.- other material, process or
article offered by Contractor which is equal in all respects to
the one specified.
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17. Contract Security,. The Contractor shall furnisz
a surety bond in an azcunt at least equal to one hundred per—
a'= (100 ) of the contract price as security for the fai:hfal
perfor- nce ,of this Contract. The Contractor shall also furnis
a separate surety bond in an amo,.,nt at least equal to ona - hundr=d
percent (10C%) of the contract price as security for the payrent
of all persons for furnishing materials, provisions, pro�terzder,
or other supplies, used in, upon, for or about the perforrance
of the work contracted to be doze, or for perfo 'rg any ror�c
or labor thereor_ of any kind, anti for the payment of amounts
due under the Une=lofraant Insurance Code '\rith. respect to suc,-,
work or labor in connecticn 'with this Contract, and for the pay_
ment of a reasonable attorney's fee to be fixed by the court in
case suit is brought upon the bond.
18. Insurance. The Contractor shall -not commence ,�rork
under this Contract until he has obtained all insurance required
under this paragraph and such insurance has been approved by the
City, nor shall
� the Contractor allow any subcontractor to com-
mence :•lor,k- or. hZS subcontract until all similar insurance re-
quired of the subcontractor has been so obtained and approved.
The Contractor shall furnish the City with satisfactory proof
of -the carriage of insurance required, and there shall be a
specific contractural liability endorsement extending' the Con-
tractor's coverage to include the contractual liabili ty assu^zed
by t:.e Contractor pursuant to this Contract and Particularly
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Yaraoraph 19 hereof. Any policy of insurance required of the
Contractor under this Contract shall also contain an endorsement
providing that thirty' (�0) days' notice must be jiver_ in ;•:ri tines
to the City of any pending change in the li.nits of li ability or
of any cancellation or modification of the policy.
(a) Wor'cmen's Co=ensation Insurance and 'Em -
plover's Liabil_ty insurar_ce . T:ze Contractor sha± 1 take out
and maintain during- the life of this Contract Workmen's Compen-
sation Insurance and E=loyer's Liability Insurance for all. of
his employees employed at the site of the. project and, in case
any work is sub' -et, the Contractor shall require the subcontrac-
tor similarly to pro vide• Workmen's Compensation Insurance n
Employer's Liability Insurance for all of the latter's employees
unless such *employees are covered by the protection of fcrd_d by
the Contractor.
In signing this Contract the Contractor makes the fol-
lowing certification, required by Section 18051 of the Labor Code:
�I am aware of- the provislons of Section
3700 of the Labor Code which require every em-
ployer to be insured against liability for
workmen's compensation or to undertake self-
insurance in accordance c:ith the provisions of
the code, and I will comply with such provisions
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before commencing the performance of the work
of this contract."
(b) Liabilitv Insurance. The Ooontracto.r shall
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ta�;e out and .maintain during tine life of this Contract such
Bodily Injury Li ability and Property Damage Liability Insurance
as shall protect him and any subcontractor perforcing' work cov-
ered by this Contract from claims for damages for bodily injury,
including. accidental death, as well as from claims for property
damage, in 4cluding th_rd-party property daiage, to include cov-
erage on property in the care, custody and control of the Con-
tractor, and also inicluding what are cam►-aonly known as the "X,
C. and U" exclusions (raving to do with blasting, collapse, and
underground property damage) , which may arise from Contractor's
operations under this Contract, whether such operations be by
himself or by any subcontractor or by anyone directly or in-
directly employed by either of them and the amounts of such in-
surance shall be as follows:
Bodily Injury Liability Insurance in an amount
not less than $ 300,000.00 for injuries, L
including accidental death, to any one person,
and, subject to the same limit for each person,
in an amount not less than $ 500,000.00 , on
account of one accident, and Property Da:;.age
Liability Insurance in an amount not less than
$ 200,000.00 0 The City and its officers and
employees, shall be named as additional insureds
on any such policies of insurance, uhich shall
also contain a provision that the insurance
afforded thereby to the City, its officers and
employees, shall be primary insurance to the
full limits of liability of tele policy, and
that, if the City, or its officers and employees,
have other insurance against a loss covered by
such policy, such other insurance shall be ex-
cess insurance only.
(c) Fire Insurance. The shall L
--take out and maintain- for the benefit of both partiF�s-tor thi s
^ ` , L covering o rage Contr�e,�...ainsurance cov,._in. loss by fire, exte.nd..� cove_ ag en-
dorsementp moils (windstorm, hail, exnlo.s•iffn, riot, riot attending
a strike, civil cotnmo on, aircraft_,-l-venicles, smoke) , and van-
dalism and malicious mi. s'ch`i.e f_-_uo_dh the entire structure or. ahi ch
the work of this Contract_-rs„ ta-he done to one hundred percent
(100 1d"J) of the ins urab-l.V: value thero-f�..Proper evidence of such
insurance shall--bre--f urnished to the '�-- If the
City provides --the fire insurance hereunder, and_t-he_.Contracter
des izes' broader protection than the perils of loss b�'f=re_,
t, t ded coverage endorsement perils, and vandalism and malicious
Supply in or ex, as the case may be, in the blah::.
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Mischief, the City will attempt to obtain such broader protection
and the Contractor agrees to pay any additional cost for such
broader protection.
19. Hold Harmless. The Contractor will save, keep, and
hold harness the City and all offlcers, employees, and agents
thereof fron, all damages, costs, or expenses, in law or in equ_ty,
that may at, any time arise or be set' up because of personal in-
jury or damage to property sustained by any person or persons by
reason of, or in the course of the performance of said :•cork, or
�
by reason of any infringement or alleged infringement of the
patent rights of any person or persons, firm or corporation in
consequence of the use in, on, or about said T•ror�:, of any article
or material supplied or installed under this Contract. 14otwJ h-
stand=ng the above, the Contractor shall wherever it is. necessary
keep and maintain at his sole cost and expense during the course
of his operations under this Contract such warnings, signs, and
barriers as .may be required to protect the public. The p-rovisions
of the preceding sentence shall not impose any liability upon
the City and are for the e=ress benefit of the general public.
20. -Flours of Mork. Eight hours of labor during any
one calendar day and forty hours of labor during any one calendar
week, shall constitute the maximum hours of service upon all ;•rork
done hereunder, and it is expressly• stipulated that no l aborer,
workman, or machanic er. to -%,Ted at any time by the Contractor or
by any subcontractor or suhcontractors under this Contract, upon
the :;ark or upon any part of the work contemplated by this Con-
tract, shall be rec i red or permitted to work thereon more than
eight hours during any one calendar day and forty hours during
any one calendar week, except, as provided by Section 1815 of
the Labor Code of the State of California, wor;c performed by
employees of contractors in excess of eight hours per day and
forty hours du_rinj any one creek shall be permitted upon public
work upon compensation for all hours worked in excess of eight
hours per day at not less than one and one-half times the basic
rate of pay. It is further expressly stipulated that for each
and every vio? a lion .of Sections 1811-1815, inclusive, of the
Labor Code of the State of California, all the provisions where-
of are d_-emed to be incorporated herein, the Contractor shall
forfeit, as a penalty to the City, twenty-five Dollars ($25.00)
for each laborer, T.,iorkman.1 or mechanic e=loyed in the execution
of this Contract by Contractor, or by any subcontractor under
this Contract, for each calendar day during which said laborer,
workman, or mechanic is required or permitted to :•rork more than
eio'rt hours in any one calendar day and forty hours in any one
calendar week in violation of the provisions of said Sections of
the Labor Code.
The Contractor, and each subcontractor, shall keep an
accurate record shoaing the nares of and actual hours worked
each calendar day and each calendar week by all laborers, worn -
IM
men, and-echanics employed by him in connection with the ..ork
contemplated by this Contract, which record shall be open at
all reasonable hours to the inspection of the City or its offi-
cers or agents and to the Division of Labor Lave Enforcement of
the Deparf.mi_nt of industrial Relations of the State of California.
21. '.-[a 7e Rates . Pursuant to the Labor Code of the
State of California, or local law thereto applicable, the City
has ascertained the general prevailing rate of per there wages
and rates for holidays and overtime work in the locality in
which this work is to be performed, for each craft, classifica-
tion, or type of laborer, workman, or mechanic needed to execute
this Contract. The prevailing traces so deter;rined are set fort:z
in the Specifications and ,rade a part hereof. Neither the notice
inviting bids nor this Contract shall constitute a representation
of fact as to the prevailiria, wage rates upon v-.hich the Contractor
or any subcontractor under him may base any claim ag inst the
It shall be mandatory upon the. Contractor, and upon
any subcontractor under him, to pay not less than the said spe-
cified rates to all laborers, work -men, and mechanics employed
in the exec -tion. of the Contract. It is further expressly sti-
pulated that the Contractor shall, as a penalty to the City,
forfeit twenty-five dollars ($25.00) for, each calendar day, or
portion tiiereef, for each laborer, .-iorcman, or mechanic paid less
than the. stipulated prevailing rates for any work done under
this Cont.— .ct by him or by any subcontractor under him; and Con-
tractor agrees to comply with all provisions of Section 1775 of
the Labor Code.
In case it becomes necessary for the Contractor or any
subcontractor to employ on the project under this Contract any
person in a trade or occupation (except executives, supervisor) ,
administrative, clerical, or other non -manual workers as such)
for which no rain'*mur7 wa -e rate is herein specified, the Contrac-
tor shall immediately notify the City, who '*:ill pro_--ptly thers-
after determine the prevailinj rate for such additional trade
or occupation and shall -furnish the Contractor With the minimum
rate based thereon.' The minimum rate thus furnished s hall be
applicable as a rri nimu.m for such trade or occupation f roma the
time of the initial employment of the person affected and during
the continuance of such -employment.
22. Accident Prevention. Precaution shall be exer-
cised at all times for the protection of persons (including er,-
.ployces) and property. The safety provisions of applicable la;vs,
building and construction codes shall be observed. 1.1achinery,
equipment, and other hazards shall be guarded or eliminated in
accordance ;•rith -the safety provisions of the Const ruction Safety
Crde:�s 'issued by -the Industrial Accident Corr .issicn of the State
of California.
23. Payment. Not later than the 15th day of each 1.
calendar month, the City will make partial- payment to the Con-
tractor on the basis of a duly -certified approval esti. -nate of
the work per :)rm:d and :materials incorporated in the project,
durinc, the preceding calendar month, by the Contractor, but the
City will retain --ten-- percent (-10- j) of the
amount of each of said estimates until the expiration of thirt-y-
five (35) days from t:ie date of recording by the City of notice
of acceptance of co=l=_tion of all work covered by this Contract ,
if such notice be recorded within ten days after the acceo_ Lance
o•f co=letion of such Contract as evidences by resolution of
its governing body; or, if such notice be not so recorded within
ten days, until the expiration of ninety-five (95) days after
the acceptance of completion of such work of improvement as evi-
dences by resolution of itz governing body, at which time and
not before, the City shall pay to the Contractor the :thole of _
the remaining --ten-- percent ( _10- N) of said contract L
price so held back as provided; said certificates to be furnishad
by and obtained from the City's representative stating that tae
payment or installment is due upon the basis of work completed
and the amount then due and the City's representative shall, be-
fore the 15th of each month, deliver said certificates under L
his hand to the City, or in Iieu of such cartificates, shall de-
liver to the Contractor, in writing, under his hand,a just and
true reason for not issuing the certificates, including a state-
raent of the defects.-, if any, to be remedied, to entitle the
C.-retractor to t::e ccrtifi tate or certificates. In event of he
failure of the City's representative to furnish and deliver said
certificates or any of them,- or in lieu thereof, the writing
aforesaid, aithin ten (10) days after the times aforesaid, an,d
after written demand has been made upon him for the same, the
Contractor may file demand with the City, and, in event said
certificates are not furnished :•rithin ten (10) days thereafter,
the same shall become due and payable.
In case the City's representative delivers the writing
aforesaid, in lieu of the certificates , then a compliance by the
Contractor ;with the requirements of said writing shall entitle
the Contractor to the certificates.
The payment of progress payments by the City shall not
be construed as an absolute acceptance of the work done up to
the time of such payments, but the entire work is to be subjected
to the inspection and approval of the City, and subject to what-
ever inspection and approval may be required by law.
24. Protection of Public Utilities. The City shall
be responsible, as between the parties to this Contract only, for
the removal, relocation, or protection of existing public utili-
ties, if any, located or. the site of construction, but only if
such public utilities are not identified by the City in :.he
Plans and "Specifications made a part of. the invitation for bids.
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Ine City shall compensate the Contract -or for costs incurred in
relocating or repair -in; damage to utility facilities not indi-
cated in t_ ?fans and Specificat ions , otaer than service lat-
erals when the presence of such utilities on the constriction
site can be inferred from the presence of such visible faclii=
ties as buildings, and meters and junction bo::es on, or adja-
cent to, the construction site. The Contractor shall not be
assessed liquidated damages for delay in completion of the Con-
tract project, as provided in Paragraph 27 belo.s, when such de-
lay is caused by. the failure of the City, or of:z�r public utility,
to provide for the removal or relocation of the existing utility
facili ties . If the Contractor whi_e performi-n; the Contract dis-
covers utility facilities not identified by the City in the Con-
tract Plains and Specifications, the service laterals as herein-
above described, he shall immediately notify the City in writing.
25. Contractor's Responsibi _itV for the cret. The
Contractor shall not be responsible _or the cost of repairing
or restoring dar.a�e to the work caused by an act of God. NEV R-
7HELESS, tate Contractor shall, if the insurance a" Tr um is a
separate bid i tea., obtain the insurance to indemnify the CiV J
for any da -,.age to the rork caused by an act of God. "Acts of
God" shall include only the following occurrences or conditions
and effects: earthquakes and tidal ;raves, when such occurrences
or conditions and effects have been nroclair..ed a disaster or
state of emergency by the Governor of the State of California
or by t112 Pr de ` of the U� `ed States, or ';era of a mmaan_tude
1 es�_..n�� �_i �..
at the site of the :rark sufficient to have c a u Z a d a proclaraaticn
of disaster or state of emergency having occurred in a populated
a ea: Subject to the fore-oi nv, ph-- City shall not, in. any ;Jay
or manner, be anszrerable or surfer loss, dam►age, expense or
liability for any loss or damage that may happen to sail d build-
ing, work, or equipment or any part thereof, or in, on, or about
the same during its construction and before acceptance.
26. Contractor's Guarantee. The Contractor uncuali-
fiedly guarantees tlis first-class quali ter of all workmanship and
of all materials, apparatus, and equipment used or installed by
him or by any subcontractor or supplier ': the project whLich is
the subject of this Contract, unless a lesser quality is e:mressly
authorized in the Plans and Speci ficat,ions, in ;,rhich event the
Contractcr unqualifiedly guarantees such lesser quality; and
that the work. as perfo=rmed by the Contractor will conform with-
the
iththe Plans and Specifications or any :-mitten authorized deviations
therefrom. In case of any defect i .n work materials , apparatus
or equipment , whether latent or pat_-nt ; revealed tc the Ci ;fir
within one (1) year of the date of acceptance of completion of
this Contract by the City, the Contractor will forthwith remedy
such defect or defects aithcut cost to t:�e City.
27. Liquidated Dama?es. Timm shall be of the essence
of this Contract. If the Contractor fails to ao=lete, within
-11-
the time fixed for such corpleti on, the :-cork hereinbefore men-
tioned and described and hereby contracted to be done and Der -
formed, he shall become liable to the City for liquidated dam-
ages in t1he SUIM Of Fify and no/100
dollars ($ =50.00-- ) , for each and every day during which
said work shall remain uncompleted beyond such time for comple-
tion or unlawful extension thereof, which sum shall be presumned
to be the amount of damage thereby sustained by the City since
it crould be impracticable or extrerely difficult to fix the
actual damage; and the amount of liquidated damages may be de-
ducted by the City from moneys due the Contractor hereunder,
or his assi=ns and successors at the time of completion, and
the Contractor hereunder, or his assigns and successors at the
time of co:-zpletion, and his sureties stall be liable to the
City for any excess.
28. Additional Provisions.
—1 P_
Iii WITNESS UHEREOF , the parties have executed this
Contract, in duplicate, the day ani year .first hereinabove
written.
AP PROVED AS TO
y Atto
R:4: CITY OF CUPERMNO,a �:ur.ici-a'
corporation of State of
By r B
—May o r
A'T'TES - Q.
City Clark
Notary acl=owledgment required.
If a corporation, corporate seal.
and corporate notary acknowledgment
required.
t:zA
Califortia, herein called
the City
herei called Co:z� tactor
By�/�
Lz
-13-
STATE OF CALIFORNIA )
ss.
COMM OF SANTA CLARA)
On lgbefore me, the undersigned,
Notary ?ubl"c ih' and for said State, personally appeared
known to me to be the persons whose names are subscribed to the withia
Instrument, and acknowledged to me that they executed the same.
WI MSS my hand and official seal.
a
p e a a e e a ae a®erica®aa®eeo�anoeseea®ea®aea®®ea®o®®earaea�oae a,�;
*� OFFICIAL SEAL
THOMAS MICHAEL HOS9EN, JR. --
NOTARY PUBLIC IC CTIA
IN HE
PRINCIPAL. OFFICE IN THE �
Y o L COUNTY SANTA CLARA Notary Public is and for bile County
Comm. Exp. Feb. 1, 1983
a®aaaueeeaeauuuaoeu�®ex�aouarlpsaswaaeaa��asanaaa t of. Santa Clara, State of Calif ornia
CORPORATION ACcMTOT-7LIDGM=— ,
STATE OF C'A LM ORNIA )
ss.
COUNTY OF ZETA CLARA)
On 19,)4 , before me, the undersigned, a notary
Public i` and':cr the said State, personally appeared
known to me to
be the of the
corporation that executed the within Instrument, known to me to'be' the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS IMEREOF, I have hereunto set my. hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
�ap®n®eaocnla,.:
. � I,ldn:ara
,J'Ao \HE
e�lJNi�4
.,
OF SAN, fLARAA m
- + ..,,�•. .;L!':I.I LLrP1
I i , i'Ilq ilil::il� - 11 aG:3,lipaaaa8�?
G�t _
Notary Public in and for the County
of Santa Clara, State of Calif oraia
v
1 '
PRD--POSAL
MANN STATION GEiIERATOR
PROJECT 80-38
TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA.
Dear Sir:
0
In. compliance with the specifications for the Project 80-38, I the under-
signed, hereby declare that I have read the proposal requirements and
hereby propose to do all work required to provide the equipment in accordance
with industry standards and these specifications.
The work is providing an emergency generator to power a City water utility
Pumping station.
A bid bond in the amount of 5% of the amount bid is required. The City
Council reserves the right to accept or reject any or all bids and to
determine which of the alternates to accept.
ES MLAXED
SID QUANTITY
ITEM L1_ ITEM
TOTAL
1' L.S. Provide a new generator set complete
for ?b12'rY T,.,, o 71;1 ou SANG
-4- u,V pe r
ip 00
Dollars/L.S
3586:' o
ALTERNATE
A. L.S. Provide an used ge erator set complete
for
Ard
Alternate Dollars/L.S.
iiata Required:
Manufacturer:
tlodel:
AE
PROPOSAL 1/6
' . A. BID DOCUi4ElyTS, continued
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, the undersigned
submits the following statements as to his experience and to his qualifica-
tions as a part of this proposal, and the truthfulness and accuracy of the
information is hereby guaranteed.
(1) How many years has your organization been in business under its
present name?
(2)
How many years'experience in work comparable with that
required
under the proposed contract has your organization had by this or
any other name?
* (3)
Contractor's License No. State of
California,
C lass if ica tion
(4)
List worst similar in character to that required in the
proposed
contract which your organization or personnel in your organization
has completed within the past three pears.
Year
Class, Location of Work and for Whom Performed
Contract Amount
/ 17 9
d - E,,, &--d .^- S err (Jn+iu e, -t. ( v o x- Ca 0. 8,M -ft
''r /1, 3 6 Z "=
w ,, s,•- 4.eA%Ici: D44fric 8,.tol- sa
I Cr T`t
. , s, /� e► -t. -C � � ,t�tS �u£..� < < /� �lc�
2 7� g'y � ac
/ Y 7f
�Y 7s
i t! s-�A► t• &-7-V U e•t,tc" a
3 Y, 2s-0
77, o
79
•• •• �� ,,, o / e .•t� S{ao �. o y P,w o / e
3 G, M-0
I y
,
%7V•u.4 0#%k_4_.V9 Pia•• 40b ✓e �s
4( ie 7, 0 0 c
�f 7P
" l -r► w�N e • �Pe. o �.v,�� . J L,oe� ae4..�'+/.r
�' 3 ti; 3 2 e `:'
6(0,3-,6 4,0,c, J
.21,273 `-�V
/11'7
DA,t,.a..•
/4� Y
..--
N M Cow fr•v Ce-„Av- ?-444,•0'C-Y
* Not a minimum requirement of this contract.
nnnn^C4r Paan 1. fG
BLD DO=fEPTTS, continued 1
yoEl ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO -PARTNERSHIP,
TE THE FIRM NAME AND LIST -THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
�OI�OSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND MANYAGER. THE CORPORATE
SEAL MUST BE AFFIgED.
TYPE OF BUSINESS: Individual.
Ca -Partnership
Corporation C Q-+ /e-.vt a
Joint Venture
Other
(describe)
Date
Addenda;�.:eived:
1 2 3 4 5
Proposal Page 6/6
NAME AND
SIGNATURE OF BIDDER:
Address
RAV O w 0 otl , C.
-f 3
mm