80-048 Colebank Ltd. Electrical System Maintenance and Repairt
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City of Cupertino
AGREEMENT NO.
BY THIS AGREEMENT made and entered into on the 7th day of October 19 80
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) COLEBANK LTD. (2)
Address ReynoldsCir-le _ City San Jose Ca Zip 95112 Phone � �0
(Hereinafter referred as CONTRACTOR), inconsideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR "Shall provide or furnish the following specified services and/or materials:
ELECTRICAL SYSTEM MAINTENANCE AND REPAIR
DELIVERY: as required
EXHIBITS`: The following attached exhibits hereby are made part of this Agreement:
Proposal and specifications for _ELECTRICAL SYSTEM MAINTENANCE AND REPAIR
PROJECT 81-10
TERMS The services and/or materials furnished under this Agreement shall commence on October 7, 1980
and shall be completed before -June 30, 1981
COMPENSATION- For the full performance of this Agreement, uITY shall pay CONTRACTOR'
On a time and materials basis as _described in the proposal and specifications.
GENERAL. TERMS AND CONDITIONS
HoldHarmless. -Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and
all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the per-
formance of this agreement. City shall not be liable for acts of Contractor in performing services described herein.
Insurance._ Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance
before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non -Discrimination. No discrimination shall be made in the employment of persons under this agreement because of
the race, color, national origin, ancestry, religion or sex of such person.
Interest of Contractor. Itis understood and agreed that this agreement is not a contract of employment in the sense
that the relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed to
be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in
executing this agreement. Contractor certifies that no one who has or will have any financial interest under this
agreement is an officer or employee of City.
Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or
variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
Name, Glenn M. Grigg Department Public Works
Address, 10300 Torre Avenue Cupertino, CA 95014 Telephone 252-4505
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
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WME MC ADMEN ORTRI CATs HT DER :
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City of Cupertino
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10300 F a„R w, Avenue.
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Macw U. in%California 95014
r• AMHORIND REPIAGERFIATYNE
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fl ,,, ds... . �trkx� .z s,,..,isn,�,{§{G,,, r.. 'F:-.3,:. ,. .�' i7r�,{ {.rra.:=: $zs„M, ., :'.. }},� ,{e�..2'�Y"x„vr� t ,r,,. . :V3,r .r.'ri ,��,}, s,.. }I;?t,z�tl,.tz•r.I... Y,., .>„s.,.. .... Y„`A t xJ .�'.�,..,.;...r..n,..
SurefyjnjfUrance Company
o Nlo $
BOX 2430
2280 WEST WHITTIER BOULEVARD
LA HABRA, CALIFORNIA 94631
PROPOSAL BOND _ Bond No: 550927
KNOW ALL MEN BY THESE PRESENTS,
chat we, Colebank Ltd.
as Principal, and Surety Insurance Company of California a corporation under the laves of the State of California,
as Surety, are held and firmly bound unto City of Cupertino
(hereinafter called the obligee)
in the full and just sum of one Thousand and NO/100ths----------- Dollars, t$ 1 , 000------ )
for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators,
executors, successors and assigns; jointly and severely, firmly by these presents.
WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Electrical System
maintenance and repair, Project 81-10
STATE OF PAUEOR i )
COUNTY OF ["'SANTA GLAM
)
On this.-- .. ...........day of ........ ......... ..... .:........:, 19...................... before me
J 67 gR R
personallycame.............. •..... ...::........ .............................. ..... ....... ................. , ............ .............
to be known, who being by ine duly sworn, did depose and say: that he 1s Attorney-in-Fact of
Surety Insurance Company of California, the Corporation described in and which executed the
foregoing instrument; that he knows the- seal of said Corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by authority granted to him in accor-
dance with the By-Laws of the said Corporation, and that he signed his name thereto by like
authority.
O€ -
.....
(Notary Public)
5100-01
ny --
A OR EY-1N.FACT
5360-OA Joy Ashmore
cguretyltsurance Compatty ol Catiloritia
"The Dollars and Sense Surety"
yg
p HOME 0 CE IN ISA, CALIFORNIA
Box 2430
La Habra, California 90631
CERTIFIED F POWER OF_ ATTORNEY
r No .... .-- 21.�a.:0 .........
low cell Anen lay >F ese resents That Surety Insurance Company of California, a California Corporation, hav-
ing its principal Office in the City of La Habra, County of Orange; State of California, pursuant to the following By -Laws
which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to -wit:
"Article -IV, "Section 7(b). The President shall have power and authority to appoint Attorneys -In -Fact, and authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ-
ings obligatory in the nature thereof, and he may at any in his judgment remove any such appointees and revoke the
authority given to them."
Has made, constituted and appointed and by these presents does make, constitute and appoint
Joy Ashmore San Jose, California
its true and lawful agent and attorney-in-fact, to make; execute, seal and deliver for and on its behalf as surety, and as
its act and deed, all of the following classes of documents, to wit:
Indemnity, Surety and Undertakings that may be desired by contract, or may be
given in any action or proceeding in any court of law or equity; policies indemnifying
employers against loss or damage caused by the misconduct of their employees, official
surety and fidelity bonds:
THE AUTHORITY OF THIS POWER OF ATTORNEY IS LIMITED TO ONE HUN-
DRED FIFTY THOUSAND AND N0/100 — ($150,040t{l0} — DOLLARS FOR ANY
SINGLE BOND.
THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OR: UNDERTAK-
ING EXECUTED PRIOR TO DECEMBER 31, 1980.
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in La Habra, California in their own proper persons.
IN W �S�V�R F. Surety Insurance Company of California has caused these presents to be signed by its duly
aut r• o nc yits rporate seal to be hereunto affixed this . . th..._...,.day of.. I GC iT1bE'r -_ - 19---7_9_
Gj 0
SURETY 1tla'S ANC;E COMPANY OF CALIFORNIA
INCORPORATED =n c
JAN. 31, 1969 `' By -----..-....
cn av ° John F. Merrill
President
S.TA l
}
COUNT E J SS:
On this.l:4--- day of ........ D.ecCIL1ber........ ..A.D. 19... ... 79-, before the subscriber, a Notary Public of the State of
California, in and for the County of Orange, duly commissioned and qualified; came John F. Merrill, President of SURETY
INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and
who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn,
deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru-
ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed
and subscribed to the saidinstrumentby the authority and direction of the said Corporation, and that Article IV, Section
7(b) of the By -Laws of said Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the
day and year first above written.
-"� t%Kq _ �XOF CIL S
r- '--� EAL
r,- <: CAROLYN J. MARCUS
....... .............. a
NOTARY PUBLID - CALIFORNIA
t �' Cc�rolyli. m rcus Notary Public 1
ORANGE COUNTY
4; a„,P try comm. expires FEB 4, 1981
2250 W. Whittier Blvd., to Habra, CA 90631
CERTIFICATE
I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that
the attached Power of Attorney remains in full force and effect; and has not been revoked; and furthermore that Article
IV, Section 7(b) By -Laws of said company as set forth in said Power of Attorney; are now in full force and effect.
IN TESTIMONY ONY WE3EREiOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company
199
this ......... ............. .............. .------_-_-
(
(SEAL)
Secretary
560-05-2 (Rev. 12/79)
donor rble C tty Council
City of Cupertino
Cupertino, California
Gentlemen:
We hereby offer to provide Electrical System Maintenance and Repair Service
during the term of this contract, in strict compliance_ with the current
State of California Standard Specifications and Details, as amended, and
the specifications of the City of Cupertino.
II. COST OF ELECTRICAL SYSTEM MAINTENANCE AND REPAIRS
PER CENT ESTIMATED
ITEM DESCRIPTION EST. QUANTITIES MARK-UP BID COST PERYEAR
A. Materials $10,000.00 x % + $10,000.00 = $
(Contractor's ----�
invoiced cost)
B. Contractor's currentchargerates (including mark-up) for the following
employment categories: ("Straight" time 8:00 A.M. to 4:00 P.M., Monday
through Thursday and 8:00 A.M. to_12:00-P.M.- Fridays)-
ESTIMATED UNIT ESTIMATED
DESCRIPTION UNIT QUANTITY PRICE COST- PER YEAR
1. Foreman Electrician Hr'. 200 x_ & 50 $
2. Journeyman Electrician Hr. 200x $ '> v.
3. Apprentice Electrician Hr. 200 x
$ C)
4. Laborer Hr. 300 xCn
$
TOTAL (Items 1 through 4) TOTAL $
III. INSURANCE
The insurance offered conforms to the City's requirements, as specified,
and provides the following coverage:
BodilyInjury r �, r
InJ y $ each person , ..'� each occasion
Property Damage
Other:
IV. EXPERIENCE QUALIFICATIONS
The following statement as to experience of the budder is submitted in
conjunction with the proposal,_ as a part -thereof and the truthfulness
and accuracy of_the -information is-guaranteed-by the bidder:
PROPOSAL 1/3
The bidder has been engaged in the electrical contracting business,_
under the present business name for 9 years. Experience in
work of a naturesimilarto that covered in the proposal extends over
a period of 1. years. The bidder has never failed to
satisfactorily complete a contract awarded to him_except'as follows:
(Name any and all exceptions and reasons thereof).
The following traffic signal construction contracts have been satisfactorily
completed in the last three years for the person, firm or authority
indicated, and to whom reference is made. (Name five contracts) Please
show years such contract is or- was in effect, _name of contractee and
name of contractee'`s administrator below:
Years Contractee Contract Administrator
to G: r?'ftaeft .
to
to
to
to
The name, location of place of business of eacti subcontractor who will
perform work or_labor _or other service tothebidder in performance of
of the work-in excess of 1/2 of one. percent of the total bid,--and_the
portion of the work which will be done be said subcontractor is as
follows: (If none, so state)
WORK LOCATION WORK TO BE PERFORMED
Proposal 2/3
V. PROPOSAL REQUIREMENTS
Bidder's guarantee in the amount of $
in the form of n is enclosed.
The undersigned certifies that he holds a valid, unrevoked_g7lQ license
as set forth in the Contractors License Law (Chapter 9, Division 3,
Business and Professions Code, State of California) and said license
number is 3o/ -7(,- 2 . We certify that we have carefully read
the specifications relating to maintenance and repair of the City's
electrical systern, have inspected the City's Standards, and that we
fully understand all provisions of said specifications and related
general requirements. It is also understood that upon award of the
bid, a contract will be drawn up by the City covering the mutual agreement
into which the City and the successful bidder will enter.
Service Address: Proposal Submitted by:
(Location from which service
crews and vehicles will be
dispatched) C0111PANY
ADDRESS L4 I ADDRESS L4-71 CL,
Or,
9�51 la -
PHONE PHONE
BY:
(Authorized Repr s ative)
DATE
(Type or print a cr name)
NOTE: When submitting a bid, please fill out Pages 1, 2, 3, of the
bidding forms and mail or deliver to:
Ther City Clerk
10300 Torre Avenue
Cupertino, California 95014
dr -1-4 ez-- 5-
m t,
}a%P 6 C -
C7 i
Proposal 3/3
Surety Jn.4urance Company
of Catilornia
PUBLIC WORKS
PERFORMANCE BOND
BOND NO. 550986
KNOW ALL MEN BY THESE -PRESENTS
That we, Colebank_Ltd.
as Principal, and Surety Insurance Company of California, a corporation
organized and existing under the laws of the Stage of California,
authorized to transact: surety business in the State of California, as
Surety, are held ;and firmly bound unto City of Ctipertina
as Obligee, in
the sum of Ten thousand and NO/100ths-- _______________________..___
DOLLARS ($ 10,`000.00- --j-, lawful money of the United States of America,
for the payment whereof, well and truly to be made, we hereby bind
ourselves,_ our heirs, executors, administrators, successors and -assigns,
jointly and severally, _firmly by these presents.
Signed, sealed with our seals, and dated this 17th day of
October 19 80
THE CONDITION of the foregoing obligation is such that, whereas
the above -bounden Principal has entered into a contract dated --
October 8, , 19-80 with said Obligee to do and perform the
following work, to-'it`Electrical System Maintenance and Repair Project 81-10
STATE OF
COUNTY OF CALIFORNIA
SANTA GOA`
}
.. ,.
On this ... ___ ... ....::.. ......m. _......... ..day of.............. ,..., ... 19...:.. .......... before me
personally came ...... _ ..
to be known, who being by me duly sworn,, did depose and say: that he is Attorney -in -Fact of
Surety Insurance Company of California, the Corporation described in and which executed the
foregoing instrument; that he knows the seal of saidCorporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by authority granted to him in accor-
dance with theBy-Lams of the said Corporation, and that he signed his name thereto by like
authority.
KAREN ANDERSON ...
. a.
L
Y PUBLIC -CALIFORNIA (Nota.ry Public)
NTA CL RA COUNTY
r issron Expires Jun 1984
5100-0z
Wcgurel.*Jitsurance Company of Calijornisa
"The Dollars and Sense Surety
Box 2430 HOME OFFICE IN LA HABRA, CALIFORNIA
La Habra, California 90631
CERTIFIED _ OF POWER OF ATTORXEY
__
now all seam ic7 ese presents: That Surety Insurance Company of California, a California Corporation, hav-
ing its principal Office in the City of La Labra, County of Orange, State of California; pursuant to the following By-Laves
which were adopted by the Directors of the said Company on the 9th day of April, 1969 and are now in effect; to-wit:
"Article IV, Section 7(b): The President shall have power and authority to appoint Attorneys-In-Fact, and authorize
them to execute on behalf of the Company,bonds and undertakings, recognizances, contracts of indemnity, and other writ-
ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the
authority_ given to them,"
Has made, constituted and appointed and by these presents does make, constitute and appoint
CAlifprnl .
its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed, all of the following classes of documents, to wit.
Indemnity, Surety and Undertakings that may be desired by contract, or may be
given in any action or proceeding in any court of law or equity; policies indemnifying
employers against loss or damage caused by the misconduct of their employees, official
surety and fidelity bonds.__
THE AUTHORITY OF `PHIS POWER OF ATTORNEY IS LIMITED TO ONE HUN-
DRED FIFTY THOUSAND AND NO1100 (,$150,000.00) — DOLLARS FOR ANY
SINGLE BOND:
THIS DOWER OF ATTORNEY IS VALID ONLY FOR A BOND OR UNDERTAK-
ING EXECUTER PRIOR TO DECEMBER 31, 1950.
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in La Habra, California in their own proper persons:
IN WITNESS WHEREOF, Surety Insurance Company of California has caused these presents to be signed by its duly
authorized officer, and its corporate seal to be hereunto affixed this .-::,,j,gt.h _-,-.:, day of....,-Becegib.ex............. 19_.:7.9.:.
SURETY INSURANCE COMPANY OF CALIFORNIA
,t
By .......... ._._...
John F. Merrill
President
STATE OF CALIFORNIA
COUNTY OF ORANGE S:
On this ,l_ t a of. December 7
y __...-_ ..............A.D. 19._..._....., before the subscriber, a Notary Public of the State of
California, in and for the County of Orange, duly commissioned and qualified, came John F. Merrill, President of SURETY
INSURANCE COMPANY OF CALIFORNIA, to me _persona lly known to be the individual and officer described in, and
who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn,
deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instru-
ment is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed
and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article TV, Section
7(b) of the By-Laws of said Company, referred to in the preceding instrument, is now in force:
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of La Habra, the
day and year first above written,
OFFICTAL SEAL.
.. __.---- ..... ...... k CAROL-YN J. MARCUS
Carolyn M us Notary Public 5 m a NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY
My comm. expires FEB 4, 1981
CERTIFICATE 2250 W. Whittier Blvd., to Habra, CA 90631
I, the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that
the attached Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article
IV, Section 7(b) By-Laws of said company as set forth in said Power of Attorney, are now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company
OC-T 17 198(
........................ .------
(SEAL)
....(SEAL)
Secretary
"560-65-2 (Rev. 12/79)
PROPOSAL
SPECIFICATIONS
GENERAL REQUIREMENTS TO BIDDERS
NOTICE INVITING SEALED PROPOSALS
CALL FOR BIDS
FOR:
ELECTRICAL SYSTEM MAINTENANCE AND REPAIR
PROJECT 81-10
_CITY OF CUPERTINO
BID OPENING TO BE:
Wednesday
October 1, 1980
2:00 P. M.
l ilonorable City Council 1
City of Cupertino
Cupertino, California
Gentlemen:
We hereby offer to provide Electrical System Maintenance and Repair Service
during the term of this contract, in strict compliance with the current
State of California Standard Specifications and Details, as amended, and
the specifications of the City of Cupertino.
II. COST OF ELECTRICAL SYSTEM MAINTENANCE AND REPAIRS
PER CENT ESTIMATED
ITEM DESCRIPTION EST. QUANTITIES MARE: -UP BID COST PER YEAR
A. Materials $10,000.00_ x L�L % + $10,000.00 = $_- 111 cz
(Contractor's
invoiced cost)
B. Contractor's current charge rates (including mark-up) for the following
employment categories: ("Straight" time 8:00 A.M. to 4:00 P.M., Monday
through Thursday and 8:00 A.M. to 12:00 P.M. _Fridays)
ESTIMATED UNIT ESTIMATED
DESCRIPTION UNIT QUANTITY PRICE COST PER YEAR
1. Foreman Electrician _ Hr. 200 x
2. Journeyman Electrician Hr. 200 x
F.
3. Apprentice Electrician Hr. 200 x- `(n, Cr
4. Laborer FIr. 300 x 3f�CU
TOTAL (Items 1 through 4) TOTAL $ c i, om
III. INSURANCE ?;
The insurance offered conforms to the City's requirements, as specified,'
and provides the following coverage;
a;
BodilyInjury tic-� �
In J Y $ C"L"" each persona.C- each occasion 4;
Property Damage
Other:
IV. EXPERIENCE QUALIFICATIONS;
The following statement as to experience of the budder is submitted in '
conjunction with the proposal,--as-a- part thereof and the truthfulness
and accuracy of theinformationis
y guaranteed by the bidder;... .°
a
PROPOSAL 1/3 b
'i
The bidder has been engaged in the electrical contracting business,
'f under the present business name for Q ears. Experience in
work of a nature similar to that covered in the proposal extends over
a period of 9 years. nle bidder has neverfailedto
satisfactorily complete a contract awarded to him except 'as follows:
(Name any and all exceptions and reasons thereof)
The following traffic signal construction contracts have been satisfactorily
completed in the last three years for the person, firm or :authority
indicated, and to whom reference is made. (Name -five contracts). Please
show years such contract is or was in effect, name of contractee and
name of contractee °s administrator below:
Years Contractee Contract Administrator
r� (}
to
to
to
to
to
The name, location of place of business of each subcontractor who will
perform workorlabor or other service to the bidder in performance of
ofthework in excess of 1/2 of one percent of the total bid, and the
portion of the work which will be done be said subcontractor is as
follows:'_ (If none, so state)
WORK LOCATION WORK TO BE PERFORMED
Proposal 2/3
R
V. PROPOSAL REQUIREMENTS
i
Bidder's guarantee in the amount of $--fit oO
in the form of__--1'�e-,ham is enclosed.
The undersigned certifies that he holds a valid, unrevoked C_10 license
as set forth in the Contractors License Law (Chapter 9, Division _3,
Business and Professions Code, State of California) and said license
f' number is ,301- 7G. 2 . We certify that we have carefully read
the specifications relating to maintenance and repair of the, City's
electrical system, have inspected-the_City's Standards, and that we
fully understand all provisions of said specifications and related
general requirenents. Itis -also understood that upon award of the
bid, a contract will be drawn up by the City covering the mutual _ agreement
into which the -City and the -successful bidder will enter.
Service Address. Proposal Submitted by:
(Location from which service
crews and vehicles will be
dispatched) COMPANY__ L+
ADDRESS y l ADDRESS Ll -7 i
PHONE PHONE y
BY:
(Authorized Repr s tative)
DATE q' �(�)
r �.
vv. 2Q2Y2)C-
(Type or print a name)
NOTE: When submitting a bid, please fill out Pages 1, 2, 3, of the
bidding forms and mail or -deliver to;
The City Clerk
10300 Torre Avenue
Cupertino, California 95014
;1' % 'l r� �(_ % • �! f �"� i r* +�? ' r q L r +-t rx M c3e i c 4t cL ti c: t,
&IT 4 �7
Proposal 3/3 I ,)
!� V.
_v
r" ?
ELECTRICAL SYSTEM MAINTENANCE AND REPAIR
PROJECT 81-10
I. DESCRIPTION
The work to be done consists of furnishing all labor, materials, tools,
andappurtenancesnecessary to maintain the City's electrical- system in
accordance with the Standard Specifications of the State of California,
as revised, andthesespecifications. Bidsarerequested on a contract
to run for a period ending June 30,_1981. %
IZ. PROPOSAL
The City Council of the City of Cupertino, California will receive sealed
proposals_ for this project at the office- of _ the _City Clerk, _ Room 102
10300 Torre Avenue,_ Cupertino until 2:00 P. M. on_Wednesday, -_October 1, 1980
ZII. DEFINITION OF TERMS
A. Bidder: Any individual, firm or corporation, submitting a proposal
for the work contemplated, acting directly or through a_duly authorized -
representative.
B. City: The City of Cupertino, a municipal corporation of the State
of California.
C. Contractor: The bidder awarded the contract for the traffic signal
maintenance and repair work.
D. Engineer: The Director of Public Works of the City of Cupertino, or
his authorized representative limited to the particular duties en-
trusted to him.
E. Proposal: The written offer of the bidder to perform the proposed
work made upon the approved form on which the City requires formal
bids to be submitted_,
F. Proposal Guarantee: The security (bid bond or cashier's check)
designated in a proposal to be furnished by the bidder as_a guarantee
that said bidder would enter into a contract with the City for -the -
acceptable performance of the work, if theworkis awarded to him.
G. Work: All the work specified, mentioned, or indicated in any and all
documents comprising the contract, including, but not by way of
limitation; all the work specified inthenotice to contractors, proposal,
plans, specifications, agreement and supplemental agreements,
.� l
IV. SCOPE OF WORK
The work to be done consists of providing electrical system maintenance
and repair within the City of Cupertino. The _contractor shall furnish
all tools, equipment, apparatus, facilities, Tabor, services,_ and materials,
and perform all work in conformance:_ with the current State of California
Standard Specifications and Standard Plans.
V. MATERIALS AND EQUIPMENT
Unless otherwise specifically provided for in the specifications, all
workmanship, equipment, materials, and articles incorporated in the work
covered by this contract are to be of the best grade of the respective
kinds for the purpose. Where equipment, materials, or articles are
referred to in the specifications as "equal _ to" any particular standard;
the Engineer will decide the question of equality. All work to be done
shall be in accordance with Section. 86 and all other applicable sections
of the latest published edition of the Standard Specifications of the
Department of Transportation, State of California, as revised. Where
there areconflictsbetween the State specifications and other authorities
cited, not including special conditions specifically discussed herein,
thestandardspecifications shall prevail.
Wherever replacement of material or equipment in accordance with the
State specifications may cause- an obvious_ difference ineither the
appearance or operation of the system or_would -be-in any way incompatible
with other equipment now in use, the contractor shall so inform the
Engineer, and if approved by the City, the contractor may replace such
equipment in kind or in modified form.
Where applicable, all materials shall bear the label of the Underwriters
Laboratories, Incorporated, and all work performed shall conform to the
-
Standard of the NationalElectricManufacturer's Association, and material
andwork_ shall -conform to the National Electric Code, hereinafter
referred to as the Code,_ the Electrical Safety_ Orders of the Division of
Industrial Safety, Department of Industrial Relations of the StateofCalifornia, and_the-rules ---for overhead_ and underground line construction
of the California Public Utilities -Commission,-local ordinances of the
City of Cupertino California, regulations of the local utilities, and
to the satisfaction of the Director of Public Works of the City of
Cupertino,- California. All phases of the wore: are subject to the
inspection of the Public- Works Department.
VI. PROSECUTION OF THE WORK
The Contractor shall prosecute the work in the following manner:
A. The contractor shall at all times maintain a force of qualified
electricians and workers sufficient to perform the work required and
described herein.
2
The contractor shall not subcontract any part of this maintenance
contract work and shall not retain another organization unless specifically
authorizedbythe City or listed intheproposal.
B. The contractor shall maintain adequate storage and shop repair facilities
to perform this contract, including a sufficient stock of standard
electrical materials to effect permanent repairs to the system within
--'-
a thirty (30)day period. Failure to effect permanent repairs within
this time limit shall be sufficient cause for the City to authorize
repairs to be completed by others.
C. Whenever it is necessary to block any traffic lanes to complete any
portion of the work,thecontractor shall notify the -Public -Works
Department, and closure and times scheduled shall be subject to the
approval of tine Engineer. At _least onelaneof traffic shall be
kept open in each direction at all times._
VII. PAYMENT
Payment for electrical system maintenance and repair shall be made monthly
upon _receipt of an invoice and the appropriate daily extra work report
forms. The contractor shall submit -a singleinvoicecovering all work
performed_ during the month together with the original and at least two -
(2)_ copies of the applicable daily extra -work_ reports
The contractor, upon request by the engineer, shall verify the actual
cost for the materials used and any freight charges incurred. Claims for
Electrical System l a:intenace-or Repair which have not been authorized by
the Engineershallbe rejected. There will be no liquidated damages
assessed _to -this contract.
VIII. GENERAL REQUIREMENTS
A. City Reserves the Right to:
a. Determine which is the best bid considering rates offered and/or
projections of total costs -computed by the City basedonpast
experience. General ability to _perform the work including__
technical qualifications of, personnel, and location and size of
bidder's servicefacilitieswill also be considered, in determining
the best bid. The City may, as part of its bid evaluation, inspect
the plant and equipment of any bidder.
B. Bidding Forms and Requirements:
1. Each bidder musts
a. Submit bids on forms furnished by the Director of Public Works
at the _City of Cupertino.
3
b. Clearly and fully detail and explain on the bidding form any or
all deviations from approved specifications whether or not such
deviations may or may not be to the advantage of the Cityas
determined by the City at the time bids are considered.
c. Attach to bid proposal a bid bond, certified or cashier's check by
some responsible bank orbanderof the State of _ California, payable
to the City of Cupart_r_o, In t:<e amount of One '11-lousand Dollars
($1,000.00).
C. Standards Specified:
1. All replacement materials shall conform to existing sizes and
be equal to or of higher quality than those replaced.
2. All materials shall be from new stock or remanufactured to a
condition equaltonew stock, delivered, installed and in place
in good condition and no damagedequipment will be accepted.
D. Pricing
1. The prices bid shall be the maximum prices to be paid by the City
of Cupertino. No charges for labor will be made- except those
specifically detailed in the bidder's proposal. - Charges for
equipment shall be made at the rates specified in the latest
published edition of the State of California Labor Surcharge and
Equipment Rates Book.
2. All prices quotedshallinclude California State and Local Sales
and Use Taxes.
3. Prices bid shall exclude Federal Excise Taxes with the understanding
the exemption certificates will be signed by the City _as -required.
4. if the unit price and the total amount bid on any item do not
agree, theunitprice shall govern.
E. Faithful Performance Bond
The successful bidder, as contractor, shall furnish a good and sufficient
bond, in the amount of ten thousand dollars $10,000.00) for the term
of the contract, acceptable to the City of Cupertino, which bondshall
guarantee that the contractor well and truly performs each and all
of the requirements and obligationsofthe agreement
4 -
F. Public Liability and Property Damage Insurance
Before the contract is entered into, the _bidder- to whomitis awarded
shall furnish to the City Council satisfactory proof that he has taken
our for theperiodcovered_by -the proposed contract, public liability
insurance and property damage insurance with an insurance carrier
satisfactory to the City,_ under forms satisfactory to the City, to
protect the contractor against loss from liability imposed by law for
damages on account of bodily injuries, including death resulting therefrom,
accidentally suffered or alleged to have been suffered by any person or --
persons not employed by the contractor, that may be caused directly
r indirectly by the performance of the contract.
Said insurance shall also directly cover and protect the City of
Cupertino-a_municipal corporation, its elective and appointive boards,
officers, agents, and, employees, and shall be maintained by the contractor
in full force and effect during the entire period of performance of
the contract. Said public liability_ insurance shall be, in the amounts
not lessthan$250,000.00 for one personinjuredin one accident and
not less than $500,000.00 for more than one person injured in one
accident, and said property damage insurance shall _be_i.n an amount
not less than $100,000.00_for _any one accident
If the contractor fails to maintain such insurance, the City may take
out such insurance to cover any damages of the above mentioned classes
for which the City might be held liable on accountofthe contractor's
failure to_pay such damages and deduct and retain the amount of the -
premiums from any sums due the contractor under the contract.
Nothing herein contained shall be construed as limiting in anyway
the _extent to which the contractor may beheldresponsible for
payment of damages resulting from his operations.
C. The Contract shall not be assignable without written consent of the
City. Each bidder will also be required to identify any and all
subcontractors.
H. Each bidder must state his experience qualifications either onthe
form provided by the- City or in attachments if he needs more space.
5
I. Each bidder must certify that he has carefully read these specifications
and realizes that any variation or deviation from these specifications,_
requirements, and conditions shall be sufficient grounds for rejection
of all or any part of the work performed. Such rejected work shall be
replaced entirely at the contractor's expense, and failure to do so
within a_reasonable length of time, or as directed by the Engineer, shall
be sufficient- reason for the withholding of payment for any part or
all of the work_,
J. TerminationofThe Contract. Any contract entered into by the City
as a_result of award of this bid is subject to cancellation upon
presentation of 30 days notice in writing when it can be demonstrated
by the City that the Contractor -has -failed to _perform inaccordance
th_the terms of the agreement
V ED APP ED
nn gg ert J. iskovich
Traffic_ Engineer Director of Public Works