80-002 L Aaron - Anderson, Inc. Mann Station roof framing, Project 81-B Reso 56210
CONTRACT FOR PUBLIC WORK
CONTRACT made on May 8, 1981
by the CITY OF CUPERTINO, a municipal corporation of the State of
California, hereinafter called the City, and AARON -ANDERSON,
INCORPORATED, hereinafter called the Contractor.
IT IS HEREBY AGREED by the parties as follows:
1. THE CONTRACT DOCUMENTS. The complete Contract consists of
the following contract documents:
1. Plans and Specifications for Mann Station Roof Framing,
Project 81-B
2. Various bond and insurance requirements
3. Bid proposal referred to as Exhibit A
Any and all obligations of the City and the Contractor are
fully set forth and described herein.
All of the above documents are intended to cooperate so that
any work called for in one and not mentioned in the other, or vice
versa, is to be executed the same as if mentioned in all of said doc-
uments. The documents comprising the complete contract are sometimes
hereinafter referred to as the Contract Documents. In case of conflict
between the Plans and Specifications on the one hand, and this Con-
tract on the other, the Plans and Specifications shall prevail.
2. THE WORK. The Contractor agrees to furnish all of the
tools, equipment, apparatus, facilities, labor, transportation, and
material necessary to perform and complete in a good and workmanlike
manner, the work of Mann Station Roof Framing, Project 81-B
for, and in the manner designated in, and in strict conformity with,
the Plans and Specifications prepared by the following named person:
Mr. Bert J. Viskovich, Director of Public Works and adopted by the
City, which Plans and Specifications are___ entitled, respectively, Mann
Station Roof Framing, Project 81-B ana Plans and Specifications
are identified by the signatures of the parties to this Contract. It
Page 1
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 of the City, or its representative. The City hereby
designates as its representative for the purpose of this Contract the
following named person: Mr. Bert J. Viskovich, Director of Public
Works.
3. CONTRACT PRICE. The City agrees to pay, and the
Contractor agrees to accept, in full payment for the work above agreed
to be done, the sum of: Fourteen Thousand Nine Hundred Forty -One and
no/100 Dollars ($14,941.00)
subject to additions and deductions as provided in the Contract
Documents.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dis-
pute arise respecting the true value of any work done, of any work
omitted, or of any extra work which the Contractor may be required to
do, or respecting the size of any payment to the Contractor during the
performance of this Contract, said dispute shall be determined either
by reference to the unit of prices, if applicable, or in accordance
with the agreement of prices, if applicable, or in accordance with the
agreement of the parties, or in accordance with the rules of the A-
merican Arbitration Association if the parties are unable to agree.
5. PERMITS; COMPLIANCE WITH LAW. The Contractor shall, at his
expense, obtain all necessary permits and licenses, easements, etc.,
for the construction of the project, give all necessary notices, pay
all fees required by law, and comply with all laws, ordinances, rules
and regulations relating to the work and to the preservation of the
public health and safety.
6. INSPECTION BY THE CITY. The Contractor shall at all times
maintain proper facilities and provide safe access for inspection by
the City to all parts of the Work, and to the shops wherein the work
is in preparation. Where the Specifications require work to be spe-
cially tested or approved, it shall not be tested or covered up with-
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 examination at the
Contractor's expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at
any time during the progress of the work require any alterations,
deviations, additions or omissions from the Specifications or Plans or
other Contract Documents, it shall have the right to do so, and the
same shall in no way affect or make void the contract, but the cost or
value thereof will be added to, or deducted from, the amount of the
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uation, which valuation shall be determined 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 American Arbitration
Association if the parties are unable to agree. No extra work shall be
performed or change be made except by a written order from the City,
duly authorized by resolution of its governing body, and by all a-
gencies whose approval is required by law, stating that the extra work
or change is authorized, and no claim for an addition to the contract
sum shall be valid unless so ordered.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall
have the right to make changes in this Contract during the course of
construction to bring the completed improvements into compliance with
environmental requirements or standards established by State and Fed-
eral statutes and regulations after the Contract has been awarded or
entered into. The 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
American Arbitration Association if the parties are unable to agree.
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract
may be terminated, amended or modified, with the mutual consent of the
parties. The compensation payable, if any, for such termination, a-
mendment or modifications, shall be determined either by reference to
the unit price, if applicable, or in accordance with the agreement of
the parties, or in accordance with the rules of the American Arbitra-
tion Association if the parties are unable to agree.
10. TIME FOR COMPLETION. All work under this Contract shall
be completed:
Within Fifteen Days after Award of Contract
If the Contractor shall be delayed in the work by the acts or
neglect of the City, or its employees, or those under it by contract
or otherwise, or by changes ordered in the work, or by strikes, lock-
outs by others, fire, unusual delay in transportation, unavoidable
casualties or any causes beyond the Contractor'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 completion shall be extended
accordingly.
This paragraph does not exclude the recovery of damages for
delay by either party under other provisions in the Contract Doc-
uments.
11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall
notify the City a sufficient 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 same, if the City requests such notice from the Con-
tractor.
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12. TERMINATION FOR BREACH, ETC. If the Contractor should be
adjudged a bankrupt, or if he should make 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 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 ter-
minate the Contract, such notice to contain the reasons for such in-
tention to terminate the Contract, and, unless within ten days after
serving of such notice, such violation shall cease and satisfactory
arrangements for correction thereof be made, the Contract shall, upon
the expiration of said ten days, cease and terminate. In the event of
any such termination, the City shall immediately serve written notice
thereof upon the surety and the Contractor, and the suety shall have
the right to take over and perform the Contract; provided, however,
that, if the surety within 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 perform the Contract, or does not commence
performance thereof within thirty days from the date of the serving of
such notice, the City may take over the work and prosecute the same to
completion by contract, or by any other method it may deem advisable,
for the account and at the expense of the Contractor, and the Con-
tractor and his surety shall be liable to the City for any excess cost
occasioned by the City thereby, and in such event the City may, with-
out liability for so doing, take possession of, and utilize in comp-
leting the work, such materials, appliances, plant and other property
belonging to the Contractor as may be on the site of the work and
necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount which the City may
retain under Paragraph 21 of this Contract until the final completion
and acceptance of all work covered by the Contract, 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 Con-
tractor or any subcontractors for labor and services rendered and
materials furnished in and about the work. The City may apply such
withheld amount or amounts to the payment of such claims in its dis-
cretion. In so doing, the City shall be deemed the agent of the Con-
tractor, 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 without prior judicial deter-
mination of the claim or claims.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the
other under the Contract shall be in writing, and shall be dated and
signed either by the party giving such notice, or by a duly authorized
representative of such party. Any such notice shall not be effective
for any purpose whatsoever unless served in the following manner: (a)
if the notice is given to the City either by personal delivery thereof
to the City Manager of the City, or by depositing the same in the
United States mails, enclosed in a sealed envelope, addressed to the
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City, postage prepaid and certified; (b) if the notice is given to the
Contractor, either by personal delivery thereof to the Contractor, or
to his duly authorized representative at the site of the project, or
by depositing the same in the United States mails, enclosed in a
sealed envelope, addressed to said Contractor at:
5112 Cribari Place San Jose, CA 95135
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 com-
municated 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 without the prior written -approval of the City.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by
patent or proprietary name, or by name of manufacturer, such Spec-
ifications must be met by Contractor, unless the City agrees in
writing to some other material, process or article offered by Con-
tractor which is equal in all respects to the one specified.
17. CONTRACT SECURITY. The Contractor shall furnish a surety
bond in an amount at least equal to one hundred percent (100%) of the
contract price as security for the faithful performance of this Con-
tract. The Contractor shall also furnish a separate surety bond in an
amount at least equal to one hundred percent (100%) of the contract
price as security for the payment of all persons for furnishing ma-
terials, provisions, provender, or other supplies, used in, upon, for
or about the performance of the work contracted to be done, or for
performing any work or labor thereon of any kind, and for the payment
of amounts due under the Unemployment Insurance Code with respect to
such work or labor in connection 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 work under this
Contract until he has obtained all insurance required by the City, nor
shall the Contractor allow any subcontractor to commence work on his
subcontract until all similar insurance required 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 contractual liability endorsement ex-
tending the Contractor's coverage to include the contractual liability
assumed by the Contractor pursuant to this Contract and particularly
Paragraph 19 hereof. Any policy of insurance required of the Con-
tractor under this Contract shall also contain an endorsement pro-
viding that thirty (30) days' notice must be given in writing to the
Page 5
City of any pending change in the limits of liability or of any can-
cellation of modification of the policy.
(a) WORKMEN'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take out and maintain during the life
of this Contract Workmen's Compensation Insurance and Employer's Li-
ability Insurance for all of his employees employed at the site of the
project and, in case any work is sublet, the Contractor shall require
the subcontractor similarly to provide Workmen's Compensation In-
surance and Employer'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 following cer-
tification, required by Section 1861 of the Labor Code:
"I am aware of the provisions of Section 3700 of
which require every employer to be insured against
workmen's compensation or to undertake self insurance
with the provisions of the code, and I will comply
visions before commencing the performance of the
contract."
Page 6
the Labor Code
liability for
in accordance
with such pro -
work of this
(b) LIABILITY INSURANCE. The Contractor shall take out and
maintain during the life of this Contract such Bodily Injury Liability
and Property Damage Liability Insurance as shall protect him any
subcontractor performing work covered by this Contract from claims for
property, damage, including third -party property damage, to include
coverage on property in the care, custody and control of the
Contractor, and also including what are commonly known as the "X, C,
and U" exclusions (having 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 indirectly employed
by either of them and the amounts of such insurance shall be as
follows:
Bodily Injury Liability Insurance in an amount not less than
$500,000.00 for injuries, 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 Damage Liability Insurance in an amount
not less than $1,000,000.00. The City and its officers and
employees, shall be named as additional insureds on any such
policies of insurance, which 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 the 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 excess insurance
only.
(^) FIRE INSURANCE. The Contractor shall take out and
maintain for the benefit of both parties to this Contract insurance
covering loss by fire, extended coverage endorsement perils
(windstorm, hail, explosion, riot, riot attending a strike, civil
commotion, aircraft, vehicles, smoke), and vandalism and malicious
mischief upon the entire structure on which the work of this Contract
is to be done to one hundred percent (100%) of the insurable value
thereof. Proper evidence. of such insurance shall be furnished to the
City. If the City provides the fire insurance hereunder, and the
Contractor desires broader protection than the perils of loss by fire,
extended coverage endorsement perils, and vandalism and malicious
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
harmless the City and all officers, employees, and agents thereof from
all damages, costs, or expenses, in law or in equity, that may at any
time arise or be set up because of personal injury or damage to prop-
erty sustained by any person or persons by reason of, or in the course
of the performance of said work, 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
Page 7
work, of any article or material supplied or installed under this
Contract. Notwithstanding 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 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 WORK. Eight hours of labor during any one calendar
day and forty hours of labor during any one calendar week shall con-
stitiute the maximum hours of service upon all work done hereunder,
and it is expressly stipulated that no laborer, workman, or mechanic
employed at any time by the Contrator or by any subcontractor or sub-
contractors under this Contract, upon the work or upon any part of the
work contemplated by this Contract, shall be required 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 Sec-
tion 1815 of the Labor Code of the State of California, work performed
by employees of contrators 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 1811-1815, inclusive, of the Labor Code of the State of Cal-
ifornia, all the provisions whereof are deemed to be incorporated
herein, the Contractor shall forfeit, as'a penalty to the City, twen-
ty-five Dollars ($25.00) for each laborer, workman, or mechanic em-
ployed in the execution of this Contract by Contractor, or by any
subcontractor under this Contract, for each calendar day during which
said laborer, workmen, or mechanic is required or permitted to work
more than eight 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 showing the names of and actual hours worked each calendar day
and each calendar week by all laborers, workmen, and mechanics em-
ployed by him in connection with the work contemplated by this Con-
tract, which record shall be open at all reasonable hours to the in-
spection of the City or its officers or agents and to the Division of
Labor Law Enforcement of the Department of Industrial Relations of the
State of California.
21. WAGE 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 diem wages and rates for holidays
and overtime work in the locality in which this work is to be per-
formed, for each craft, classification, or type of laborer, workman,
or mechanic needed to execute this Contract. The prevailing wages so
determined are set forth 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 wage rates upon which the
Contractor or any subcontractor under him may base any claim against
the City.
Page 8
It shall be mandatory upon the Contrator, and upon any subcon-
tractor under him, to pay not less than the said specified rates to
all laborers, workmen, and mechanics employed in the execution of the
Contract. It is further expressly stipulated that the Contractor
shall, as a penalty to the City, forfeit twenty-five dollars ($25.00)
for each calendar day, or portion thereof, for each laborer, workman,
or mechanic paid less than the stipulated prevailing rates for any
work done under this Contract by him or by any subcontractor under
him; and Contractor agrees to comply with all provisions of Section
1775 of the Labor Code.
In case it becomes necessary for the Contractor or any subcon-
tractor to employ on the project under this Contract any person in a
trade or occupation (except executives, supervisory, administrative,
clerical, or other non -manual workers as such) for which no minimum
wage rate is herein specified, the Contractor shall immediately notify
the City, who wall promptly thereafter determine the oprevailing rate
for such additional trade or occupation and shall furnish the Con-
tractor with the minimum rate based thereon. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupa-
tion from the time of the initial employment of the person affected
and during the continuance of such employment.
22. ACCIDENT PREVENTION. Precaution shall be exercised at all
times for the protection of persons (including employees) and proper-
ty. The safety provisions of applicable laws, building and construc-
tion codes shall be observed. Machinery, equipment, and other hazards
shall be guarded or eliminated in accordance with the safety pro-
visions of the Construction Safety Orders issued by the Industrial
Accident Commission of the State of California.
23. PAYMENT. Not later than the first Tuesday of each calendar
month, the City will make partial payment to the Contractor on the
basis of a duly certified approval estimate of the work performed and
materials incorporated in the project, during the preceding calendar
month, by the Contractor, but the City will retain ten percent (10%)
of the amount of each of said estimates until the expiration of
thirty-five (35) days from the 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 of
completion of such Contract as evidenced 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 evidenced by resolution of
its governing body, at which time and not before, the City shall pay
to the Contractor the whole of the remaining ten percent (10%) of said
contract price so held back as provided; said certificates to be
furnished by and obtained from the City's representative shall, before
the last Tuesday of each month, deliver said certificates under his
hand to the City, or in lieu of such certificates, shall deliver to
the Contractor, in writing, under his hand, a just and true reason for
not issuing the certificates, including a statement of the defects, if
any, to be remedied, to entitle the Contractor to the certificate or
certificates. In event of the failure of the City's representative to
furnish and deliver said certificates or any of them, or in lieu
Page 9
thereof, the writing aforesaid, within ten (10) days after the times
aforesaid, and 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 within 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 entitled the Contractor to the
certificates.
The payment of progress payments by the City shall not be cons-
trued 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 inspec-
tion and approval of the City, and subject to whatever inspection and
approval may be required by law.
24. PROTECTION OF PUBLIC UTILITIES. The City shall -be respon-
sible, as between the parties to this Contract only, for the removal,
relocation, or protection of existing public utilities, if any, lo-
cated 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. The City shall compensate the Con-
tractor for costs incurred in relocating or repairing damage to util-
ity facilities not indicated in the Plans and Specifications, other
than service laterals when the presence of such utilities on the con-
struction site can be inferred from the presence of such visible fa-
cilities as buildings, and meters and junction boxes on, or adjacent
to, the construction site. The Contractor shall not be assessed li-
quidated damages for delay in completion of the Contract project, as
provided in Paragraph 27 below, when such delay is caused by the
failure of the City, or other public utility, to provide for the re-
moval or relocation of the existing utility facilities. If the Con-
tractor while performing the Contract discovers utility facilities not
identified by the City in the Contract Plans and Specifications, the
service laterals as hereinabove 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 restoring damage
to the work caused by an act of God. NEVERTHELESS, the Contractor
shall, if -the insurance premium is a separate bid item, obtain the
insurance to indemnify the City for any damage to the work caused by
an act of God. "Acts of God" shall include only the following occur-
rences or conditions and effects: earthquakes and tidal waves, when
such occurrences or conditions and effects have been proclaimed a
disaster or state of emergency by the Governor of the State of Cali-
fornia or by the President of the United States, or were of a mag-
nitude at the site of the work sufficient to have caused a proclama-
tion 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 suffer loss, damage, expense or liability for
any loss or damage that may happen to said building, work, or equip-
ment or any part thereof, or in, on, or about the same during its
construction and before acceptance.
Page 10
26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guar-
antees the first-class quality of all workmanship and of all mater-
ials, 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 authorized in the Plans
and Specifications, in which event the Contractor unqualifiedly guar-
antees such lesser quality; and that the work as performed by the
Contractor will conform with the Plans and Specifications or any
written authorized deviations therefrom. In case of any defect in
work, materials, apparatus or equipment, 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 the City.
27. LIQUIDATED DAMAGES. Time shall be of the essence of this
Contract. If the Contractor fails to complete, within the time fixed
for such completion, the work hereinbefore mentioned and described and
hereby contracted to be done and performed, he shall become liable to
the City for liquidated damages in the sum of Fifty and no/100 dollars
($50.00), for each and every day during which said work shall remain
uncompleted beyond such time for completion or unlawful extension
thereof, which sum shall be presumed to be the amount of damage
thereby sustained by the City since it would be impracticable or
extremely difficult to fix the actual damage; and the amount of
liquidated damages may be deducted 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 any excess.
28. ADDITIONAL PROVISIONS. The Contractor shall insure that no
damage occurs to the existing pumps and equipment.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
ADproved,as to o
City Attorney.
Notary acknowledgment required.
CITY OF C PERTINO
Mayor: �l
Pro Tempor
City C e k : ATTEST:
CONTRACTOR:
By:
Page 11
STATE OF CALIFORNIA )
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.
WITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
----------------------------------------------------------------------------
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
i
On �:�� 19 / , before me, the undersigned, a
Notary Publ c in and for the said State, personally appeared
•\� known to me
to be the V/' ( _%L' (1 " of '�?'/e�
corporation that xecuted 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 WHEREOF, 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.
JOY ASHMORE
W� NOTARY PUBLIC -CALIFORNIA —
SANTA CLARA COUNTY Nota-ry-lku�bl�pin and for the County
My Commission Expires June a 1984 of Santa Clara, State of California
�Jy
PROPOSAL EXI"'IT A
11AHN STATION ROOF FRAMING
PROJECT 81-38 B
TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA:
Dear Sir:
In compliance with the specifications furnished for the :Mann Station Roof
Framing, Project 81-38 B, I, the undersigned, hereby declare -that I have read
the proposal requirements and hereby propo%e to do all work required to complete
the said work in accordance with the Specifications and/or Plans for the amounts
set forth herein on the incorporated schedule.
The work shall be to complete the roof framing on the Mann Station project. All
work is to be accomplished in accordance with the 1979 building codes and these
specifications.
The award of contract will be to the lowest bidder on the base bid as determined
by the City Council.
A bid bond in the amount of 10% of the base bid is required.
The City Council reserves the right to reject any or all bids received.
BID TOTAL
ITE_1 QUANTITY ITEM
1. L. S. Provide a complete roof structure for
Fourteen Thousand Nine Hundred
Fourty One Dollars $14,491.00
Dollars/Lump Sum
Proposal 1/4
A. BID DOCL^.-1E:'TS, continued
BIDDER CURL IT- ICATION 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? 4 years
(2) How many years' experience in work comparable with that required
under the proposed cont=act has your organization had by this or
any other name? 30 years
(3) Contractors License No. 340062 , State of California,
Class_:caticn A. B. & C8
(gib) List work similar in Oha.acter co that required in t_ ^.e proposed
contract ';hich your organizat_on or personnel In your organization
:ms's _=Dieted within the past three years.
Year Class Location O_ Or < nVI :or nc Coi.trac: A=ount
1979 Re-hab Toilet, Agnew Anex, State of California 52,389.00
1980 Radio Repearet Bldg, Alum Rock, County of Santa Clara'401.00
1980
Wou
Concrete & Timber, San Jose State University 60,086.00
Re-hab Vistors Center, Sanboorntfar Santa Clara
66, 7Q6... nn
Toilet Room, Rancho San Antonio, Eilert Const. 46,000.00
PROPOSAL 3/4
ITZ
L'' ARE A -v I`IDIVIDUAL, SO STATE. IF YOU ARE A FIR.' OR CO -P RTv�:{art
THE FIRM ;1k`iE AND
LIST TRF. \a.`1ES OF ALL IyDIVIDU.�I. CO-PART\ERS
��OSI:;G THE FIB -M- IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
a.L50, :IA`iES OF PRESIDENT, SECRETARY TRE.�SJRER A�20i L�ii?GE3. THE CORPOR.zTE
SEAL yUST BF AtFIXED.
TYPE OF BUSINESS: Individual
• Co -Partnership
Corporation X Aaron -Anderson, Inc.
,resident - Robert B. Anderson
lice -President - A. D. Jone�oint Venture
>ecretary-. A.. • D Jones
'reasurer - Robert B. Ander
�oer
tanager - Robert B. Anderson (describe)
Date April 1 , 1981
Addenda Received:
1 2 3 4 5
Provosal 4/4
�JA:i? �.\-i **-11
S LG`;AT_:'RE OF SJ11
;L:�:
Aaron -Anderson, Inc.
Robert B. Anderson,_President
i
5112 Cribari Place
San Jose, Californ� a 951 ��
:�darass
05
EXHIBIT B
The amount bid on the project has been determined to be Fourteen
Thousand Nine Hundred Forty -One Dollars ($14,941.00) as was written
on the Bid Proposal (Exhibit A).
RESOLUTION NO. 5621
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CORRECTING DISCREPANCY IN CONTRACT AMOUNT FOR MANN STATION
ROOF FRAMING, PROJECT 81-B
Z)
WHEREAS, the City Council, at its meeting of April 6, 1981, awarded
the contract for the Mann Station Roof Framing, Project 81-B, to Aaron -
Anderson, Incorporated in the amount of $14,491.00; and
WHEREAS, a further review of the proposal submitted by the contractor
indicates a discrepancy between the numerical amount of "$14,491.00" and
the written amount of "Fourteen Thousand Nine Hundred Fourty (sic) One
Dollars".
Whereas, the City Attorney has advised that the written words prevail
when there is such a discrepancy;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby awards the
project to Aaron -Anderson, Incorporated, corrected amount of Fourteen Thousand
Nine Hundred Forty One Dollars ($14,941.00).
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 4th day of May , 1981, by the followinv vote:
Vote Members of•the City Council
AYES: Johnson, Plungy, Rogers, Gatto
NOES: None
ABSENT: Sparks
ABSTAIN: None
ATTEST:
/s/ Dorothy Cornelius
City Clerk
APPROVED:
/s/ John Gatto
Mayor Pro Tempore