80-002 F P & L Electric, Inc. Plans and Specs Mann Station Electrical, Project 80-3864�
CONTRACT FOR PUELI C ?'TOR'.
J
COMT'40: CT .m-nde on July 29,-1980. -�-'
by the CITY OF CUP ERTINO, a �munf.cipal corporation of 1 State
of California, hereinafter called the City, and L
P & L Electric, Incorporated
hereinafter called the Contractor.
IT IS HEREBY AGREED by the parties as follows :
1.. Tne Cont^act Documents . mile complete CJntr.cct con-
sists of tine following contract documents: [j
1. The plans and specifications entitled Mann Station
Electrical, Project 80-38.
2. Various bond and insurance requirements.
3. Bid Prbposal attached hereto as "Exhibit A."
Any :end all obl igations of the City and the Contractor are fully
set forth and described therein.
All of the above documents dre intended to, c000er_te so
that any work called for in one and not mentioned in the otter,
or vice versa, is to be executed the sa fie as i _ mentioned _, all
of said documents. The documents cot prisir_,7 the comp mete con-
tr.ac, are so:��etimes hereinafter referred to as the Contras -t Docu-
ments. In case of conflict between the Plans and Soecif, =tions
on the one hard, and this Contract on t:�e other, the L l.ans and
Specifications shall prevail.
2. The W r't The Contractor agrees to furnish all of
the tools, equipment, apparatus, facilities , ao'", transporta—
tion, and material necessary to perform and complete in w good
and %rorl:ma^Bice manner
4A the ; ork of
MANN STATION ELECTRICAL, PROJECT 80-38
as called. for, and in the manner designated in, and in strict
conformity ,-rith, the Plans and Specifications prepared by tae
folloaino named person:
so Bert J. Viskovich, Director of Public Works
and adopted by the City, vrhich Plans and Specifications are en-
titled, respectively,
Mann Station Electrical, Project 80-38
and w1hich 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 oerformad and co=leted as required in sald Plans
and Specifications under the sole direction and control of the
Contractor, but subject to the inspection and approval of the
City, or its representative. The City hereby deli onates as its
representative for the purpose of this Contract the folloring
named person:
Bert J. Viskovich, Directo-r of Public Works
3. Contract Price.
Contractor agrees
a -reed to be done,
The City agrees to pay, and the
to accept, in full payment for the work above
the sum of
Twenty Three Thousand Six Hundred Fifty -Six Dollars ($23, 656.00)
subject to additions and deductions as provided in the Contrast
Documents.
4. Disputes Pertaining to Payment for Mor',". Should
any dispute arise respecting the true value of any work. done,
of any ,Jor'_-C omitted, or of any extra worlc, which the Contractor
may be required to do, or respecting the size of :any payment to
the Contractor durin- the performancc- of this cor_tract, said
dispute shall be determined either by reference to the .snit of
prices, if applicable, or in accordance ..Tith the agreement of
the parties, or in accordance with the rules of the American
Arbitration Association if the parties are unable to agree.
5. Permits; Compliance crith La,,r The Contractor shall,
at his expense, obtain all necessary permits and licenses, ease—
ments, etc. , for the construction of the project, give all neces—
sary notices, pay ail fees required by la,,..,, and comply aith all
laws, ordir.ances, rules and regulations relatin to t^e acrIc
and to the presery :tion of the public health and safety.
6. Insbection by the Citv. The Contractor shall at
all times maintain Droner facilities and provide safe access for
inspection by the City to all parts of the :iork, and to the shops
11RE
L
:wherein the work is in preparation. Where the Specifications
require ;work to be specially tested .or approved, it shall not-
be
otbe tested or covered uo without timely notice to the City a-,-
its
fits 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 examination at the
Contractor's expense.
7. Extra or Additional Work and Chances. Should the
City at any time duri n� c :e progress of the work require any
alterations, deviations, additions or omissions from the Speci-
fications or Plans or other Contract Documents, it shall have
the right to do so, and the same shall in no way affect or :«ake
void the contract, but the cost or value thereof will be added
LIG., 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 ;or
shall be performed or change be made except by a written order
from the City, duly authorized by resolution of its governin-
body, a-nd by all agencies whose approval is required by lair,
stating that the extra work or change is authorized, and no
claim for an addition to the contract sum shall be valid unless
so order --d.
8. Char.�es to i?eet Environmer_talRe-qui re^ entS . ^} a
City shall have the ri ght to mace changes 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. `T'he
Contractor shall be paid 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 the
Amerd can Arbitration Association if the part- es are unable to
agree. '
9. Termination, Amendments or tlodifi cat -I -ons. This
Contract may be terminated, amended or modified, t•rith 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 pri ce, if applicable, or
in accordance .lith the agreement of the parties, or in accordance
with t: -)e rules of the American Arbitration Association if the
Parties are unable to agree.
10. gime for Comoletion. All ;cork under this Contract
snail be completed 0
within Thirty (30) working days from the start of the contract.
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If the Contractor shall be delayed in the work by the
acts or neglect of t;le City, or its employees, or those under
it by contract or otherwise, cr by changes ordered in the ,•cork,
or by strikes, lockouts by others, fire, unusual delay in trans-
portation, unavoidable casualties or any causes.beyondthe Con-
tractor's control, or by delay authorized by the City, or by
any cause i.rhich the City shall determine justifies the delay,
then the time of completion 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.
12. Termination for Breach, etc. if the Contractor
should be adjudged a ba.n crupt , or if he should mace a general
assignment for the benefit of his creditors, or if a receiver
should be azoointed.cn account of his i:-:sol.vency, or if he or
any of his subcontractors should violate any of the provisions
of the Contract, the City may serve written notice upon him and
his surety of its intention to terminate `.he Contract, such
notice to contain the reasons for such intention to terminate
the Contract, and, anless within ten days after serving- of such
notice, such 'violation shall cease and satisfactor- arran^e-eats
A' correction thereof be made, tt�e Contract sinal! , upon the
expiration of said ten days, cease and terminate. In the event
of any such termination, the City shall immediately serge ,mitten
notice thereof upon the surety and the Contractor, and the surety
shall have the right to take over and perform tyle Contract; pro-
vided, hoorever, that, if the surety T;rithin fifteen days after
the serving upon it of notice of termination does not give the
City written notice of its intention to take over and Der form
the Contract, or does not commence cerformance thereof within
thirty days from the date: of the serving of such notice ,
otice, the
City may tajl:e 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 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 Iflay, 7ithout liability for so doing, take possession of,
and utilize in completing the work, such materials, appliances,
plant and other property belonging to the Contractor as may be
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on the site of the ;-rork- and necessary therefor.
13. The Citv's R1.7ht to 'Hithhold Certo n Amounts and
.N1 a. .'loplicatic�n Ther-oof. . In ad�aitiorl to the a«�our.� ;;Mich ti7e
11. Inspection
and Testin z of T aterials.
The Con-
tractor shall notify the
City a sufficient
mime in advance or
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
sane, the
City
requests such notice
from the Contractor.
12. Termination for Breach, etc. if the Contractor
should be adjudged a ba.n crupt , or if he should mace a general
assignment for the benefit of his creditors, or if a receiver
should be azoointed.cn account of his i:-:sol.vency, or if he or
any of his subcontractors should violate any of the provisions
of the Contract, the City may serve written notice upon him and
his surety of its intention to terminate `.he Contract, such
notice to contain the reasons for such intention to terminate
the Contract, and, anless within ten days after serving- of such
notice, such 'violation shall cease and satisfactor- arran^e-eats
A' correction thereof be made, tt�e Contract sinal! , upon the
expiration of said ten days, cease and terminate. In the event
of any such termination, the City shall immediately serge ,mitten
notice thereof upon the surety and the Contractor, and the surety
shall have the right to take over and perform tyle Contract; pro-
vided, hoorever, that, if the surety T;rithin fifteen days after
the serving upon it of notice of termination does not give the
City written notice of its intention to take over and Der form
the Contract, or does not commence cerformance thereof within
thirty days from the date: of the serving of such notice ,
otice, the
City may tajl:e 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 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 Iflay, 7ithout liability for so doing, take possession of,
and utilize in completing the work, such materials, appliances,
plant and other property belonging to the Contractor as may be
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on the site of the ;-rork- and necessary therefor.
13. The Citv's R1.7ht to 'Hithhold Certo n Amounts and
.N1 a. .'loplicatic�n Ther-oof. . In ad�aitiorl to the a«�our.� ;;Mich ti7e
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 a -mount or amounts as in its judg-+ent may be necessary
to pay just claims against the Contractor or any subcontractors
for labor and services rendered and materials furnished in and
about the :•rorc. The City may apply such withheld amount or
amounts to the payment of such claims in its discretion. in
so doing, the City shall be deemed the agent of t'ne Contractor,
and any payment so made by the City shall be considered as a
payment made under the Contract by the City to the Contractor,
and the City shall not be liable to the Contractor for any such
payment made in good faith. Such payment may be made .,rithout
prior judicial determination of the claim or claims.
14. Notice and Service Thereof. Any notice from one
party to the other under the Contract shall be in nriting, and
shall be dated and signed either by the' party giving such notice,
or by a duly authorized reoresentati ve of such party. Any sucn
notice shall not be effective for any purpose whatsoever unless
served in the follo,'ring manner: (a) if the notice is given to
the City, either by personal delivery thereof to the City "ana-
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 reoresentati ve at the site of the
project, or by depositing the same in the United States :rails,
enclosed in a sealed envelope, addressed to said Contractor at
1240 L'Avenida Avenue
Mountain View, CA 94043
postage prepaid and certified; and (c) if the notice is given to
the surety or any other person, either by personal delivery to
such surety or other person, or by depositing the same 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 last communicated by him 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,
may be assigned by the Contractor T,,rithout the prior ,11ritten ap-
proval of the City.
16. Compliance with Soeci fi cations of D/Ifateri als. Ivhen-
ever in the Specifi cations, any material or process is indi rated
or specified by patent or proprietary name, or by name of manu-
facturer, such Specifications must be met by Contractor, unless
the City ac-rees in T,rritinl- to some other material, process or
article offered by Contractor which is equal in all respects to
the one specified.
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0.
17. Contract Security. The Contractor shall furnish
a surety bond in an a: -count at least equal to one hundred per -
cant (100;5) of the contract price as security for the faithfal
performance ,of this Contract. The Contractor shall also furnish
a separate surety bond in an amount at least equal to one hun•dr ed
percent (100','J') of the contract price as security for the payment
of all persons for furnishing materials, provisions, provender
or other supplies, used in, upon, for or about the cerformance�
of the work. contracted to be done, or for performing any ;toric
or labor thereon of any Find, and for the payment of amounts
due under the Unemployment Insurance Code with respect "o such
work or labor in connection �vith ;his Contract, and for the oay-
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 com=.ence ,Iork
under this Contract until he has obtained all insurance required
under this parcgraph and such insurance has been approved by the
City, nor shall the Contractor alloTr any subcontractor to com-
mence work on his subcontract until all similar insurance re-
quired of the subcontractor has been so obtained and apo_ roved.
The Contractor shall furnish the City with satisfactory proof
of- the carriage of insurance requi red, and there shall be -a
specific contractual liability endorsement extending the Con-
tractor's coverage to include the contractual liability assumed
by thAe Contractor pursuant to this Contract and Parti culariy
-Paragraph 19 hereof. Any policy of insurance required of the
Contractor under this Contract shall also contain an endorsement
providingr that thirty (30) days' notice must be giver_ in wri ing
hi: t _D
to the Ci �y of any pending change in the limits of liability or
of any cancellation or modification of the policy.
(a) U)or'cmen I s Co-iaensati on Insurance and Em-.
plover's LiabiLtI Insurance. The Contractor sha_1 taco o;.t
and maintai n during the life of this Contract ,'lorhmen's Compen-
sation Insurance and Employer's Liability Insurance for all of
his employees emloyed at the site of the project and, in case
any aork is sublet, the Contractor shall require the subcontrac-
tor sim-ilarly to provide' Workmen's Compensation Insur`nce andEmployer's Liability Insurance for all of the latter's employees
unless such employees are covered by the protection afforded by
the Contractor.
In signing this Contract the Contractor makes the fol-
lo;ring certification, required by Section 18051 of the Labor Code:
�I am aware of- the pro
3700 of the Labor Code j.,,!-:ich
ployer to be insured agains
workmen I s compensation or to
insurance in accordance c-ri tln
the code, and I will comply
visions of Section
re.quir_- every em -
liability for
undertake self -
the provisions of
with such provisions
before commencing the performance of the cork
of this contract."
(b) Liability Insurance. The Contractor shall
take out anti
misciaief, the City will attempt to obtain such broa:�er protection
and the Contractor agrees to pay any additional cost for such
broader protection.
19. Hold Harmless. The Contractor ;rill save, coop, and
hold harmless the City and all officers , employees, and a;-eil ;s
thereof from all damages, costs, or expenses, in la'J Or In eGL:i til,
that may at any time arise or be set up because of personal in-
jury or damnage to property sustained by any person or persons by
reason of, or in tae course of the performance of said :•nor!-:, or
by reason of any infringe:. ent or alleged infringem--nt of the
patent rights of any person or persons, firm or corporation in
consequence of the use in, on, or about said =,ror�:, of any article
or material supplied or installed under this Contract. idot;rith-
st_and_n-- the above, the Contractor snail wherever it is necessary
keep and maintain_ at his sole cost and expense during the course
of his o_oerat_ons under this Contract such,,earnings, si gns, and
barriers as maybe required to protect the public. The provisions
of the preceding sentence shall not impose any liability upon
the City and are for the express benefit of the general public.
20. Hours of .•fork. Eight hours of labor during any
one calendar day and forty hours of labor during any one calendar
weer; shall_ constitute the maximum hours of service upon all
done hereunder, and it is expressly, stipulated that no laborer,
workman, or mechanic e=loy ed at any time by the Contractor or
by any subcontractor or suhcontra ctnrs under this Contr= ct , upon
the ,Xrk or upon any part of the ;rorlc contemplated by this Con-
tract, shall be required or Permitt-ed to ;fork thereon more than
eight hours durin any one calendar day and forty :'lours durin=
anv one calendar
week,, except, as orovided by Section 1315 of
the Labor Coda of the State of Cali fornia, wor'c performed by
employees of contractors in excess of eight hours per day and
forty hours during any one week 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 violation.of Sections 1011-1815, inclusive, o�' the
Labor Code of the State of California, all the proVi sionS ;•lhere-
of are deemed to be incorporated herein, the Contractor shall
forfeit, as a penalty to the City, twenty-five Dollars (:25.00)
for each laborer, workman, or Mechanic employed in the execution
of this Contract by Con tractor, or by any subcontractor under
this Contract, for each calendar day during which said laborer,
workman, or mechanic is required or permitted to :do -1-11c more than
eight hours in any one calendar day and forty hours in any one
calendar creek in violation of the provisions of said Sections of
the Labor Code.
The Contractor, and each subcontractor, shall keep an
accurate record showintD
g the na[-es of and actual hours ;coated
each calendar day and each calendar :reek by all laborers., rJork-
men, and mechanics employed by him in connection with the :•-ork
contemplated by this Contract, vihich 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 La:,r Enforcement of
the Depart.mnnt of industrial Relations of the State of California.
21. Wage Rates. Pursuant to the Labor Code of the
State of California, or focal law thereto applicable, the City
has ascertained "he .general prevailing rate of per diem wages
and rates for holidays and overtime work in the locality in
t,hi ch this work is to be Der"ormed, for each cra�t, classi fica-
ti on, or type of laborer. :,ro.rkman, or mechanic needed to execute
this Contract. The prevailing :rages so dete=-Lined are set fortis •
in the Specifications and made a part hereof. Neither the notice
inviting bids nor this Contract shall constitute a representation
of fact as to the prevailing wave rates upon which the Contractor
or any subcontractor under nim may base any claim against the
City.
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, workmen, and mechanics employed
in the execution.of the Contract. It is further expressly sti-
pulated that the Contractor shall, as a penalty to the City,
forfeit twenty-f:i.ve dollars ($25.00) for each calendar day, or
Portion ti.erec=, for each laborer, workman, or mechanic paid less
than t;he. stipulated prevailing rates for any .,rcrr: done under
this Contract by him or by any subcontractor under hi :-�; and Con-
tractor agrees to comply ;qith 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, supervisory,
administrative, Clerical, or other non -manual aor''kers as such) .
for Which no minimum Place rate is herein specified, the Contrac-
tor shall immediately notify the City, .,Thc :i11 pro::ptly there-
after determine the prevailing rate for such additional trade
or occupation and shall -furnish t:ne Contractor with the minimum
rate based thereon. The minimum rate thus furnished shall be
applicable as a minimum for Such trade or occulpa ti on _ r om 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 em-
ployees) and property. The safety provisions of applicable lags,
building and construction codes shall be observed. !-achinery,
equipment, and other hazards shall be guarded or eliminated in
accordance aith •thy safety provisions cf the Construction Safety
Orders issued by the Industrial Accident Commission of the State
of California.
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23. Payment. Not later than the 20th day of each
L=
calendar month, the City ;rill make partial payment to the Co:: -
tractor on the basis of a duly certified approval estimate of
file workDerfor^gid 3rid Materials incorporated in the project,
during the preceding calendar month, by the Contractor, but the
City ~gill retain ten percent ( 10 ) of the
fJ
amount of each of said estimates until the expiration of thirt7-
five (35) days from tale date of recording by the City of notice
of acceptance of completion of all work covered by this Contract,
if such notice be recorded within ten days after the acceptance
o -f completion of such Contract as evidenced' by resolution of
its governing body; or, i l such notice be not so recorded .ri thi m
ten days, until the expiration of ninety-five (95) days after
the acceptance o f completion of such .,cork of Lmprovement as evi-
denced by resolution of its governing body, at which time and
not before, the City shall pay to the Contractor the .•rhole of
the remain M ten percent ( 10 N) of said contract
'
price so held back as provided; said certifi ca tes to be furnished
by and obtai ned from the City's representative stating that tze
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 20 of each month, deliver said certificates under
1!
his nand to the City, or in lieu of such certificates, shall de-
liver to the Contractor, in writing, under his hard, a just and
true reason for not issuing the certificates, including a state-
M:ent of the defects-, if any, to be remedied, to entitle the
Contractor to the certificate or cer•ti fi caL-es . in event of c'ne
failure of the City's r-epresen.at-ive to lurnlsn and deliver sai d
certi ficates or any of them,. or in lieu thereof , the wri tiny
a_oresai d, .•rithin ten (10) days after the tines aforesaid, and
after written demand has been made upon h i :m for the same, the
Contractor may file demand with the City, and, in event said
certificates are not furnished within ten (10) days thereafter,
the same shall become due and payable.
In case the City's representative delivers the writing
aforesaid, i n lieu of the certificates , then a compliance by the
Contractor lith 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 Pub li c Utilities . The City shall
be responsible, as bet:qeen the parties to this Contract only, for
the removal, relocation, or protection of existing public utili-
ties, if any, located on the site of construction, but only if
such public utilities are not identified by the City in the
Plans and Specifications made a part of. the invitation for bids.
-10-
z'he City shall compensate the Contractor for costs incurred in
relocating or repairing damage to utility facilities not indi-
cated in the plans and Specifications, other than service lat-
erals when the presence of such utilities on the constrdction
site can be inferred from the presence of such visible faclli=
ties as buildings, and meters and junction boxes 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 Paragrach 27 belo:a, when such de-
lay is caused by the failure of the City, or other public utility,
to provide for the removal or relocation of the existing utility
facilities. If the Contractor while performing the Contract dis-
covers utility facilities not identified by the City in the Con-
tract Plans and Specifi cat-ions, the service laterals as herein-
above described, he shall immediately notify the City in writing.
25. Contractor's Responsibility for the Work. The
Contractor shall not be responsible for the cost of repairing-
or
epairinoor restoring da;^age to the work caused by an act of God. N7VER-
THELESS, the Contractor shall, if the insurance premium is a
separate bid item, obtain the insurance to indemnify the City
for any dam -age to the work caused by an ac.t of God. "Acts of
God" shall include only the following occurrences ort conditions
and effects: earthquakes and tidal waves, when such occurrences
or confit_ons and effects have been proclaimed a disaster or
tate of emergency by the Gnvernor of the State of Cali :'ornia
or by the President of the United States, or were of a magnitude
at the site of the aork sufficient to have caused a Droclzmaticn
of disaster or state of emergency having occurred in a populated
area. Subject to the foregoing, the ,City shall not, in any Way
or manner, be answerable or suf fer loss, damage, expense or
liability for any loss or damage that may happen to said 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 unquali-
fiedly Guarantees the first-class quality of all workmanship and
of all materials, apparatus, and equipment used or installed by
him or by any subcontractor or supplier in the project which is
the subject of this Contract, unless a lesser quality is expressly
authorised in the Plans and Specifications, in :which event the
Cont -Tactor unqualifiedly guarantees such lesser quality; and
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that the work as performed by the Contractor will conform ,with
the Plans and Specifications or any v ritten authorized deviations
therefrom. In case of any defect in work, materials, apparatus
or equipmant, whether latent or patent., revealed to the City
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 without cost to t:;e City.
27. Liquidated Damages. Time shall be of the essence
of this Contract.. If the Colztractor fails to complete, within
-11-
the time fixed for such completion, the cork hereinbefore men-
tioned and described and hereby contracted to be done and per-
formed, he shall become liable to the City for liquidated dam -
a= -es in the sum of Fifty Dollars
dollars (a 10.00 ) , for each and every day during ;•rhi cil
said work shall remain uncompleted beyond such time for comple-
tion or unlawful extension thereof, wh;ich sum shall be presumed
` to be the amount of damage thereby sustained by the City since
it would be imnracticable or extremely difficult to fist the
actual da:�aoe; and the amount of liquidated damages may be de-
ducted by the City from moneys due the Contractor hereunder,
or his assigns and successors at the time of completion, and
the Contractor hereunder, or his assigns and successors at the
time of completion, and his sureties shall be liable to the
City for any excess.
28. Additional Provisions.
-_l 2-
IN WITNESS WHEREOF, the parties have executed this
Contract, i.l duplicate, the day an.- year first hereinabove
r,ritte:i.
r
APPROVED S T 'FOR- CITY OF CUPERTINO, a municipal
corporation of t.ze Stats of
California,herein called
the City
ATTEST:
City Clergy
BY Ems( //-f,
n
herein called Contractor
By lx)'21'�t�
WALTER HLIKJPS.
Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary acknowledgment
required. '
—13—
STATE OF CALZOMNIA )
ss.
COUNTY OF SANTA CLARA)
On , 19 , before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
VITNIESS my hand and .official seal.
STATE OF CALIF01UtIA )
COUNTY OF _ANTA CI AZU)
r
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION AC T.OT- LEDGM=_
ss.
0
On JULY 8 , 19 80, before me, the undersigned, a Notary
Public in and for the said State, personally appeared
WkLTER H LICK JR. known to me to
be the TRTJ1,SURER. of P & L ELECTRIC, INC. , 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 VIT:ZESS �•=OF, 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.
Notzfy Public in and Car the County
of Santa Clara, State of California
, 1
BID PROPOSAL
MANN STATION ELECTRICAL
PROJECT 80-38
TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA:
Dear Sir:
I, the undersigned, hereby declare that I have read the proposal requirements
and that I have visited the site and inspected the area of work, and that the
amount listed below includes all costs for the work and that all safety pro—
visions will be adhered to.
The work is the providing and installing of miscellaneous conduits, conductor,
and switchgear required to increase the capacity of the City pump station. The
installation of automatic transfer switches for the Cities existing emergency
generators is also part.of the contract.
s._
The City reserves the right to reject any and all bids and to award the contract
to the lowest responsible bidder.
ESTIMATED
BID QUANTITY
UNIT
ITE` UNIT
ITE�,i
PRICE
TOTAL
1. Lump Si,m
Provide all labor, materials,
or incidentals required to
,
complete the work for A,9mv
Sr�r�o.v
�3 651.0•
/L. S. $2 310
r-
I
1/4
BID DOCUMENTS continudd
IF YOU ARE AN I�IDIVIDUAL, SO STATE: IFYOU ARE A FIRM OR CO—PARTNERSHIP,
ME
STATE THE FIRM NAME AND LIST -THE NAS OF ALL INDIVIDUAL CO—PARTNERS
COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
ALSO, NAMES OF PRESIDENT, SECRETARY TREASURZR AND MA.,;AGER. T3F:;CORPORATE
SEAL MUST BE AFFLKED.
TYPE OF BUSINESS: Individual
�Y-L 51- Ec r/?IC SNC Co—Partnership
�R£S �US�? �Slfi`tR p acs Corporation C� pQQU;Q�r-� U,,�
Joint Venture
/(C£ 'ants . 1_f.4o� p/£T,sccl
Other
Z RSTA,e r - C",M04. *0KIC-gcc i
RS,75U'et'e G✓344-foe tJ• LtSK,*R.
Date q flo
Addenda Received:
0 2 3 4 3
(describe)
'iAXE LND
SIGNATURE OF BIDDER:
_lil�/�G.7�S�' fid• Lt S.� �
/1�7` U!
Address
f
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