80-051 - Tiffany Maintenance Agreement for City HallOffice of the City Clerk
10300 Torre Avenue
Cupertino, CA 95014
Telephone._ (408) 252-1150
October 25 1980
Tiffany Maintenance Services
Attention: Peter C. Vesanovic, President
Roland Phillips, Vice President
790 LucerneDrive
Sunnyvale, CA 94086
MAINTENANCE AGREEMENT
We are forwarding to you for your files a fully executed copy of the
Contract for Public Work between the City of Cupertino and 'Tiffany
Maintenance Services, DPW 81-1.
Sincerely,
I
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
CONTRACT FOR PU..LTC' k,1„ tee
.. CONTRACT made or' October 1, 1980
.t tjj..,.,.e CITYOF Ci ?»7'1T- Nf'i municipal � corp!grgt*" on o'y''� e SL lte.....
a a �J $ i v ✓ ,as a A �e�.i` ld .� i rJ ®Ze ,A m +i Y Ro � �. b.l 1e6� ae..m wr m wa if b � '4 d ii L. GL �.1 y V i b �d.3e �i � `v 6d {d . t[ y.
wa td s l ar City.,
Of California, here ra ter called the
♦ er d. W ..G.1 . +� A b is
;
� w
m .b
w TIFFANY MAINTENANCE SERVICES
hereinafter ailed the Contractor.
1 1S HERIE- vG,-;,. Z- by the parties as follows:
1. The Contract Ocs„ument . Ione. complete Contract ccnm
s, sts of the fo + lowini; contra'_-',; document
a. The specifications entitled, "Contractural Janitorial Services, DPW 81-1"
b._ Various band and insurance requirements.
C. Bid proposal attached hereto as "Exhibit A''
Any and! a!-,L obligations of tlr,e G'ty and the Contractor are f,.t;:ly
set forth and described thereizi
All of the above docurien is 2.r e - intended to coo-perste • `•_
that any ,tcrk called , n � n� i rye the other.,
�a.'L�t?�. fir r. 7'c Q..�'.: ,...Ili �`SO ,,5,..tt"..a.....d_,1.?"1 �.... �,.�.:1.c_ .�
y_
or vice versa,_ is to bSe the same as if mentioned -n all
_executed
of said docur^:�r,tu. U-.e documents ccmprising t:re corm1plreJe Con-
tract{� yy p p^� a _ /� �''{ +� �j+ �} ry
i act a e aom.�v,,imLe`}... hereinafter .1 referred o as he Contract Do wta
.y. ww 9 W . ai w . .® s : Z t� -. t/ � u"y - e � �+. .l :Y .+4 i" JI
;.tam. �. 4..J .... l.11 y C..t9 C t�.14 u'.�: i.a 1�. ,.• ✓ l,.'� �.r r`a a.e:i .. :3 � t .i: �..a.a� �ia�% sJ'.�. � L. a:r v C.+�IJ
-ne t s sy case
on the one hand,. 3 :i1 t1i' S 'Cont r tct on the 01-;herthe ri aha; f:.:.`xC'
Spe iy J. fi am ii ,.{ +: t.d6:c.... shall p i. i `1 ai.i •..
2. The 'Nork. The 0!)ntractcr aSrees to funish all of
the tools, equipment, apparatus, fracilit ='S , labor, transporta-
ran.po ua-cion
tionand material .necessary to erfor7 and ccmr-p ete In a Sco
and w;t,,rki=la.riii:,-e ranner°, the work of
i
Contractural janitorial services for City of Cupertino facilities.
as called for, and in the manner desicnated in, and in strict___
conformity ,,rith, the _Plans and Specifications prepared by the
following, named person:
I
40 Bert J. Viskovich, Director of Public Works
d adopted by the City, which Plans and Specifications are en-
titled,, d, respectively,
f
#-•
Contractural Janitorial Services, DPW 81-1
and which Plans and Specifications are identified by the si-na
tures of the parties to this Contract. It is _ understood and
ag,reed tha:, said tools, equipment, aoparatas, facilities, labor,
transportation, and material shall be furnished, and that said
work shall be oerformea_ and completed as r-equired in said Plans
and Soeci Pica,ions under the sole direction and conl*rol of ane
Contractor, but subject to the inspection and approval of the
City, or -ts representative. The City hereby deli -nates as its
representative __for _the purpose of this Contract the following
named person:
Bert J. Viskovch, 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 tobedone, the Sum of FORTY-THREE THOUSAND NINE HUNDRED
NINETY-TWO DOLLARS ($43,992®00) Per year,
subject to additions and deductions as provided in the Contract
Documents.
4. Disputes Pertalnin- to Payment_ for Work. Should
any dispute _ ar-ise respecting the true value of any work done,
of any work omitted, or of arty 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 or
the parties, or in accordance with the rules of the American
Arbitration Association if the parties are unable to agree
5. Permits, Compliance I -r th raw. 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 all fees required by law, and _comply- with all
laws, ordzcances, rules and regulate ons rela-ing to the work
and to the preservation of the public health and safety.
4_ Insbection by the City. The Contractor shall at
all times maintain proper f'a.ciyitles and provide safe_ access for
inspection by the City to all parts of the work, and to the shops
-
wherein the wor?c is in preparation. Where the Specifications
require _.•cork_ to be _ specially�.
_ ested .or approved, it shall not
be' tested or covered_ up without timely notice to the Ci ;y ' of
,ts readiness for inspection and without the approval thereof
or consent thereto by the latter; - Should any such work b-
covered up_ without such notice,__ approval, or consent, it must,
if required by the _City, be uncovered for examination At the
Contractor's_ expense.
4 _ ?. Extra. or Additional Work and Chanes. Should the
City at any time during the progress of the work require any
alterations, deviations, additions or omissions from thepeci--
fications_.or Plans or other, Contract Docurnents,__it shall have
the right to do so, and the sane shall in no gray affect or ;sake_
void the contract, but the _ cost_ or value thereon" will be added
to or deducted from, the amount of the contract price, as the
case may -be,_ by a fair and reasonable valuation, :which valuation
shall be determined either by reference to the unit prices-, if
applicable, or in accordance with the 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 governing
body, aid by all agencies whose approval is required by lww,
stating that the extra work or change _ is authori-zcd, and no
claim for _ an addition to the contract sum shall be valid unless
so orders d,
. Changes to INeet Environmental Recuirement.s . The
City shall have the right to make Chan ;es in this Con;ract_
during the course of construction to -bring the completed im-
provements into compliance with environmental requirements or
standards established by state and federal statutes and regula-
tions after the Contract has been awarded or entered into. The
Contractor shall be paid for by such chanes either by reference
to the unit prices, if applicable, or in accordance with the
agree�mxent 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 termunated, amended or modified, with the rnutual.
consent_ of the parties.The compensation payable, if any, for
such termination, amendment or modifications, shall be deter-
mined either by reference to the unit price, if applicable, or
in accordance with the agreement of the parties, or in accordance
with the rules of the _American Arbitration Association if the
:parties are unable to agree.
10. Time for Comoletionn All work under this Contract
shall be complet d over a twelve month period beginning October 1 1980 thru L 1
September 30, 1981 and subject to extensions as indicated in the specifications,
If the Contractor shall be delayed in the uork by the
acts or neglect of the City, or its employees, or those under
it by contract or other rise, or by changes _ ordered in the work,
or by strikes, lockouts by others, fire, unusual delay in trans-
portation, _ unavoidable casualties or any causes beyond the Con-
tractor's _control, or by delay authorised 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 dam,
ages for delay by either party under other provisions in the
Contract Documents.
11... Inspection and Testing of !-laterials. The Con-
tractor shall notify tie City a sufficient time in advance of
the manufacture or production of materials to be supplied by
him .,rider this Contract, in _ order that the _ City may arrange
for illcr factor°' inspection and testis of the sante, ,f the
City requests such notice_ from the Contractor.
12. Terminate on for Breach, etc. If the C'ontra:ctbr
should be _adjudged a bankrupt- , or if he should ma'he a_ general
assignment for the benefit of his c7editors, or if a receiver
should be appointed_on account of his insolvency, or if lie or
any of his subcontractors Should violate any of he provisions
of the _.Contract, the City _ may serve written notice upon 'nim and
his surety of its intention to terminate thy, Contract, such
notice to contain_ the reasons for such intention to terminate
the Contract, and, uanless 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
expirationofsaid 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 surety
shall have the ri gait_ to take over and perform the Contract; pro-
vided,, however, that, if the surety ;iithi.n 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 riot coir;ence performance thereof within --
thirty _ days from the date of .the serving of such notice, the
City may take over the ;sore and prosecute the same to completion
by contract, or by any other method it may deers advisable, forthe account and at the expense of the Contractor, and the _Con-
tractor_ and :his surety shall be liable_ to _ the City for any ex-
cess cost occasioned by the City thereby, and in such event the
City may, v.ithout liability for so doing,_ take possession of,
and utilize in completing the _work, such materials, appliances,
,plant and other property belonging to this Contractor as may be
on the site of the aork and necessar=y_ therefor=
13. The City's Ri�r-nt to Hithhold Certa.i.n Amounts and
Make ADoli-cat,ion Thereof. in addition to the euao nil t` UMI t; Ile
City may retain under Paragraph 21_ of this: Contract - until the
.final, completion and acceptance of _ all work covered b the Con-
tract, the City may withhold from payment to the _Contractor
such an_a:ount or amounts as in its_,judgment may be necessary
-to pay _ just cl i ms against the ';cnt ract^r Or any subcont- ractors
for labor and services rendered and materials furnished in and
about the _.,ior,k a The City may apply such withheld _ amount or
amounts to th-- payment of such claims in its discretion, in
so doing, the City_ shall e deemed the' ac-ent of the Contractor,
and_any payment so made by the City _small be considered as a
payment made under the Contract by the City to the Contractor,__
and the City _spall not be liable to the Contractor for any such
payment made in good faith. Such payment may be made s•.ithout
prior judicial _determination of the claim or claims.
14. .Notice and Service Thereof. Any notice from, one
party 't -o' 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 ahatsoever unless
served in the following, manner: (a) if the notice is given to
the _ City, either by personal delivery thereof to the City Mana-
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 ertifzed, (b) if the notice is given to the
Contractor, either by personal delivery thereof to the __Contra -
tor, or to his duly authorized_reoresentative at the site of the
prof ect, or depositing tUnit-
ed same in the Unid States :,iayls
enclosed in a sealed envelope, addressed to said Contractor at
790 Lucerne Drive
Sunnyvale, Cal fornia�94086
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 rails, enclosed in a: sealed envelope, addressed
to such surety' or person, as the c .se may be, at the address of
such surety or person last comnunicated by himto the party
givin the _ notice, postage prepaid and certified.
15. Assignment of Contract._ Neither the Contract,
nor any _pari thereof, nor moneys due or to become due thereunder,
may be assigned_by_ the Contractor without, the prior written ao-
proval- of the City.
.16. Cor:loliance with Soecificaticns oP Materials. ,�.7hen-
ever in the Specifications, any material cr process is indicated
-or specified by patent or proprietary name, or by name of manu-
facturer, such Specifications rust be met by Contractor, unless
the `City agrees i:n writing to some other : aterial, process- or
article- offered by Contractor which is equal in all respects to
the one specified
-
17. Bond Requirements
Faithful Performance Bond - It will be necessary for tbe'
successful Contractor to furnish a faithful performance bond in the amount
of the contract price.
Fidelity ,Bond - The successful Contractor willberequired
to furnish a $2,000.00 bond on =,rery employeeperformingwog°l.: on City owned
property.
18. insurance. The Contractor shall not__co7mence
under this Contract un,-il he has obtained all insurance required
under this paragraph and such 2nsurance has been apprcv;ed by the
City, nor shall the Contractor allow any subcontractcr_to com-
mence -;rorlk- on i3 - s subcontract L.sntil all. similar inSUrance r—
cy�'luired of the si-ibcgntrwtctor has been so obtained and approved,
The Contractor ✓L.t�.1..l fE.d.rn,..sh the. v -i tly 't%d'-h... ws" ati s Pa vv�Y"�t��`�{�1
of` the C:arria e of insurance "eC�.t1_red, nd there shale be
soec-fic Contractual liability endorsement, extending t1he con-
tractor's _ coverage to i�nclude� theC 7?"Yt_"acttzcil Habil s'ty aSSj-Imed
by t; -.e Contractor oursuant _ to this Contract and particularly
Para ravh 19 ,,_-re'of. Any policy of .x.isuran+:e require,' of 1-b
Contractor under this Ccnt-Aa yt snail also contain an endorsement
or{74*1.din. - thirty (30) days f notice must be giver? -i1 viri "inn-
to the City of any pending chun-e in he 11imits of liab-i ity or
of any "cancellation or modification o" the policy,
(a) lifor'cments Co:-oensation Insurance and
)lover s L abll4 tV ZnSt� ? �Ce . �':Ie Co(iv� aCtaar S U-,
+i Ucc e C}u.
and maintain d-uring- .t#,ne life of this Contract ,'aor,-:_,enfi s C"o; 0en-
sation insurance and Employer's Llabil uy Insurance for an"01,
his eMployees eiaoloyed at the site- 11 pro, �.e vl. a:;id, in, 0a..7 e
any ,,iork__i s sublet, the Contractor shall nc -uire the SJu"ccoi„urac
for si .ila to t7rovi de Wo -.'K senI S, Compensation insurance and
Employer's Liability insurance 'or~ all'i o th`V' iC't t`erst a r'ii.'JlC'reee
unless sucn 'em,010yees are covered by the protection afford' --d by
the Contractors
In sig ^g this Contract t e contractor makes she fol
lowinz ce-rtification., required by Section 1851 of the Labor Code:
"I ars aware of the provisions of Section_
3700 of the Labor Code require every em-
ployer to _ be insured a irs liability for
work,^en's _compensation or to un:cr ual< self-
insurance
eg__insurance in accordance V.ne pro%ri sions Cf
the ca�de ,, and 1 44--11 comply .
-
the performance f the ,cone
_
of this contract.''
_atil_ The Contracto.r shall
t_ an' maY ntai n puri ag We life of t,nis Contract uci.
Bodilyinjury Liability and Property Damage Liability ' Insurance
_ rotect him and any subcontractor perf"ormin� work cov-
as shallp
ered by this Contract from claims __for damages for bodily injury,
including accidental death, as well as from claims __for property
' .. + a property include ov—
daa.,a�e, in �C�.t.'d1t1� .^.®""d-^ar�,y_ �� • � damage to�
n `^e care custody and control of ne Con-
o:"L property ,t..a .e+a ,
"X,
tractor , ani' also ex 4clud ng what are co. monly 'kno+.rn as the
tractor,
,r
C. and U" exclusions (having to do with blasting, collapse, an
., rcperty damage), which may arise from Contractor's
underground p_ v � , J
_
operations under this Co'ntr ct, whether such optrations be by
hi:mself or by any subcontractor_ or by anyone directly or in-
n-directly
directlyemployed by either of them and the amounts of such n--
surance shall be as follows
Bodily Injury Liability Insurance in an amount
not less than v 300,000.00 -__ for injuries $
�
including accidental death, _ to any one person,
and, subj4e u .10 the same for each person,
in an amount not less than 500,000.00 --_ 3 On
account of one accident, and Property _Damage
Liability insurance in an anount not less than
$100,000.00. Property damage insurance aggregate in an amount_
not less than $200,000.00. The City and its officers_ and
t�
employees, shall be named as ad itional insureds
on any _such policies of insurance, which shah
also contain a provision that he insurance
afforded t.nereoy to the City, its s officers and
employees, shall be primary insurance to the
full limits of Vibility of tiie policy, and
that, if_the _City, or its officers and employees,
have _other insurance against a Loss covered by
such policy, such other insurance shall; be ex-
cess 'insurance only.
-7- ,
19, Hold Harmless se contractor .rill save, ,eep, and
hold harmless the Choy azod all officers employees, and a;anz;s
th,,ereof from ll damages, casts, or xpenses, in Ia"a or in equity,
that may at any time arise or be set up because of personal in
`jury or damage to property sustained by any person on person; ty
reason of, or in the course of the performance of said or
.,he
i e
by reasons.._reason�' any. 1.nfrao;t--a ;tet 1 a ad In ,..c na. `'
patent rights_ of any person or persons,__ firm or4-corpora'z;ion in
consequence of the use in, on, or about said wort:, of any ar z;i_cle
_
T : a t e r1a i supplied Cr installed l"ie r this Ccnt,an-, lO :'',' - y --
st-aldinths above, the Contractor shall wherever it is necessary
keep and mwnVa-'Ab at his . ole cost ar.dexpense ddrLng the course
of his operations under this Contract such warnings, siSns, and
barri er ' as may be required to protect the public The provisions
of theprecedinS sentence shall not impose any liability upon
the City and are for the express benefit of the general public.
20. Hours of '.4ork Eight hours of labor during any
one ca en: lar day and forty hours of labor curing any one calendar
Flee ; shall constitute tote_ the tic ° l_,7i ?0$Jrs of service` upon all,;';�}r�:
done hereunder, and it is ex:Dreszly, sti7u ate : that no laborer,
tlC)1."'kman or machan c employed at any time by the Ccr trac or or
by any subccntractor or subvont zcznrs ander tris Contract, u:)' ..
the v.-ork or upon any part of she ;�. ,rorcontemplated by this Con—
tract, 'shall be required or permftted to ;1to+rk thereon than
eight hour S ri � , d f no during
t, s during- any on,. ca_endar pay an arty hours c sng
any one calendar *weexc, except, as provided by Sep:icn 1815 of
the Labor � performed ✓tide o�� the State of California, a, :•ao�r. :c pe _o ed. b
employees of contractors in excess of eight_ hours per_ day and
forty hours _during any one _reek _ shall be permitted upon public
work upon compensation for all hours__worlked in excess of ei Ent
hours per day at not less than one and _one--ha.lf times the basic
rate of pay. it is further expressly stipulated .tha.t for each
and every violation of Sections 1811-1815, inclusive, of he
r
Labor Code_ of the Sate of Ca -crn a all the provisions '7. re -
of are deemzed to be incorporated herein, the Contractor shall
forfeit, as a penalty to the City, twenty-five vci l ars ($25.00)
for each laborer, ,,iorkman,__ or_: echanic employed in tna _execution
of this Contract by Contractor,or by any subcontractor under
this Contract, for each calendar day during ,-ih1C:I said laborer,
work:-iian, Or mechanic is required or permitted to ',Toric more than
eight hours in
any one calendar day ,and forty hours in any one
calendar .,eek in violation of the Provisions of said Sections of
the Labor Code.
The Contractor., and each subcontractor, shall keep an
.accurate record_,
rcw n_ the names of and actual hours :/or*,c4d
each calendar day and each _calendar 'reek by all laborers,
.men, and mechanics 'employed by him in connection with the E ort__
contemplated by this Contract, Fithich record shall be open at
all reasonable hours_ to the inspection of the City or its office
cess or agents and to the Division of Labor Law Enforcement of
the Depar m, nt of industrial Relations of the State of California.__
21. ___ Vfag°e Rates. Pursuant to the Labor Code of 'the
State of California, or local la,�i _thereto aoolicable, the City
has ascertained the-eneral. Toru a.i incr rate of Der diem vta�es
and rates for holidays_ and overtime c,tork, in the locality in
i,hich this work is to be performed., for each craft,_ classifica:-
tion, or type of laborer,_ workman, or mechanic needed to execute
this Contract. The prevaill:no ,,racges so deterd.ned_are set _fort:
in the _Specifications _and made a part hereof. Neither the notice
inviting, bids nor this Contract shall. cons tit ute__a representation
of fact as to the prevailin- :stage rates upon ,,.rich the Contractor
or any subcontractor under hire may, base any claim against the
City.
It shall be manda.torvr upon the Contractor, and upon
any subcortr:nctor under him, to pay not less than the_ said spe-
cified
pe-cif ed rates to all laborers, wor':men, and mechanics employed
in the executi_on.of the Contrac . It is _fur-cher -express!.,, sti-
pulated that the Contractor shall, as a, penalty to the City,
forfeit tr�fenty-five dollars ($25..00) for each calendar day, o-
portion t'.nerecf, , -mor each laborer, workman, or r e-chanic paid less
than tne. svi-ul aced prevailing_rates_ :.or any s=rorY: done under
this Contract by him or by any subcontractor under hiim a.nu Con-
tractor ao-rees to comply with all provisions of Section 1775 of
the Labor Code._
In case it becomes necessary for the Contractor or any
subcontractor to employ on the project under this Contract any
person in a tradeoroccupation (except - executives, supervisory,
administrative., __clerical, or other non-manual vtor'.xers as such)
for which no mint mui? wac-e rate is herein specified, the Contrac-
tor shall immed? a.tely notify
the City, s�ro-,-.rill oro-:p t ly there-
after
h
ere
after^etermine
the urevailin` rate for such _ additional trade
or occupation and shall -furnish the Contractor with the minimum
rare _ based thereon.' The minimum rate thus furnished _s ail be
applicable as a_mini_;:1U..m for such trade or occupation from the
time. of the initial employment. of the person a.zzv.,t-d and during,
the _continuance of s+aca employment.
22. Accident P-.2-vent on, Precaution shall be exer-
cised at all times for the protection of persons_ (inclrudin em—
x ployees) and property. she _ safety_ provisicns of applicable !a-4s,
building -and �
^rJtlstruCtion codes shall be observed. !:ai.hinery ,_
equipment, ant of er hasards shall oe warded or elf in in
accordance aitn *tne safety provisions cf the Construction Sa:fetJ
Orders issued by the IndLtStriai Accident Commission of the State
of California.
23. Payment. The Contractor shall bill the City at the end of each
completed month. -9-
be responsible ' .7-00TE'veen the parties to is 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.
The City shall compensate the Contractor for costs incurred in
relocating or repairing damage to utility facilities not indi-
cated in the Kans and Specifications, other than service lat-
erals when the presence of such utilities on the constriction
site can be inferred from the presence of such visible faciii-.;
ties as buildings, and meters and junction bo:,,es on, or adja-
cent to, the construct n site. Tile (Contractor shall not be
assessed liquidated damaFes for delay in completion of the Con-
tract project, as provided in Paragraph 27 below, when such de-
lay is caused by the failure of the City, or other public 4tility,
to provide for tile rernoval 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 Specifications, the service laterals as herein-
above described., he shall immediately -notify the City in writing.
25, Contractor's Res onzibilitv for the T.,Icrk. The
Contractor shall not be responsible fOl' tne Cost Of* 17epairiViE
or restoring damage to the wpric caused by an act of God. NEVER-,
THELESS, the Contractor shall, if the insurance prerrium is a
separate bid item, obtain the insurance to indemnify the City
for any da -mage to the work caused by an act of God. ''Acts of
God" shall include only the following occurrences o2� conditicr_3
and effects: earthquakes and tidal waves, ,�ilnen such ocCur—lences
or conditions and effects have been proclaim.ed a disaster or
state of emerEency by the Gnvernor of the St,4te of California
or by the President of the United States, or T, -;ere of a maSnitude
at the site of the vrork sufficient to have cause,--, a proclamat:.on
of disaster or state of emergency having occurred in a populated
areas 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 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
authorized in the Plans and Specifications, in which event the
5
Conti-actorunqualifiedly guarantees such lesser quality; and
that the work as performed by tile Contractor ..till conform with
the Plans and Specifications or any ,...,ritten authorized deviations
therefrom. In case of any defect in worK, materials, apparatus
or equipment, whether latent or patent, re�realed to the City
within one (1) year of the date of acceptance Of completion Of
this Contract by the City, tile Contractor will forthwith remedy
such defect or defects cost to the City.
27, Liauidat I Ewma;ze: ; . Time shall be of the essence
of this Contrac If the Contractor fails to eor;)Jete, within
I
the time f? Yee for such completion, the .,!o !II, hereinbefore ore i en-
tioned and described and hereb,i contracted, to be done and oer--
formed, he shall become liable to the City for liquidated dara-
ales in the sur; of
dollars__ g for each and every day du.-in- which_
said work shall rermain uncomol eed beyond such Lime for comple-
tion or unlawful extension thereof, vihich sum shall be presumed
to be the mount of damage thereby sustained by the Cit; since
it would be impracticable or extremely difficult, to fix the
actual dame-; and the amount of liquidated da-:awes :fay be de-
ducted by_ tine City from moneys due the Conti actor hereunder,
or his assigns and successors at the time of completion, and
the_Contractor hereunder, or his assic-ns and. sLiccesscrs at the
time of completion, and his sureties shall be liable to the
City for any excess
23. Additional Provisions
The City reserves the right to deduct from the_Contrator°s payment during
the life of the Contract any expenses the City incurs for work not Performed
and required of the Contractor in the;Specifications_or Contract Documents.
�1l_
i�ZIR C3IF"IC�°IC�I t�iL�t
in further compliance with -the specifications fur , the undersigned
submits the following statements as to his experience and to his qualifica-
tions
lifica-
tio a as a part of this proposal,_ and the truthfulness and accuracy of _ the
information is hereby guaranteed.
(l) llotiw many yeas has your organization been in business under its
present name? �.
(2) How matiy yams' experience in work comparable with that required
under the proposed contract has your organization had by this or
any other name?/16
(3) Contrzc or's License No. State of California,
Class if ica tion
() List work similar in character to that required in the proposed
contrcct which your organization or personnel in your organization
has completed within the past _three years.
Year Crass, Location of 'Work. and for Whom Performed Contract Amount
��/ F7 t co
t
f. Vi f
. c sPoo
�4-
k IF YOU ARE AN INDIVILUA SO STATE.- IF YOU ARE A FI `;- CO -PARTNERSHIP,
STATE THE FIRM NAME AND L-I� THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
ALSO, 14AMES OF PRESIDENT, SECRETARY TREASURER AND MANAGER._ THE CORPORATE
SEAL MUST BE AFFIXED.
PE OF BUSINESS: Individual
Co -Partnership
Corporation
Joint Venture
Other
(describe)
NAME AND
SIGNATURE OF BIDDER:
e fir)
X90 Z()e
Da t e4LM 4e A,
Addenda Received:
1 2 3
®_
City of Cupertino
BIDDER'S PROPOSAL PAGE
The City Council
City of Cupertino, Cupertino, California
The below named and undersigned bidder hereby offers to the City of Cupertino
those goods or services as specified in the Call for Bids.
This offer is subject to the terms and conditions listed hereon and is made
pursuant to the requirements and specifications of said Call for Bids.
City Hall Administrati u lding:
Lump Sum Bid: $ 01 •00 per month x 12 = $ per year
Cupertino Library:
Lump Sum Bid: $ 100 per month x 12 = $ /0 6w.t-Vper year
Wilson Park Recreation Building:
Lump Sum Bid: $I per month x 12 = $ JI—00 e r year
Portal Park Recreation Building:
Lump Sum Bid: 00 per month x 12 = $-UL&L-1-0-0-P er year
Senior Citizens Center:
Lump Sum Bid: $ per month x 12 = $
ter year
Recreation Department Administration Building and Ilu
Lump Sum Bid: $ 1-549,,40 per month x 12 = $ per year
Service Center
Lump Sum Bid: $ per month x 12 = $ 0 5-
76.Ocber year
—4-9-3- —/1V
Supplies
Lump Sum Bid: per month x 12 = $—,:2, -3 L4 0, LVp e r year
TOTAL $
The above bid amount shall constitute the final sums with all cost included.
These costs shall include: All labor, cleaning supplies, equipment and
materials required.
The City reserves the right to unilaterally determine and award the purchase
based on the most advantageous proposal to the City as defined in the General
Requirements of this proposal.
STATE OF CSL AtFORNIA, )
COUNTY OF SANTA CLARA)
On 1 before m, the undersigned, a
Notary ?ublic in and for said State, personally_ appeared
E
known to me to be the personsOse ;tames are subscribed to the within
Instrument, and acknowledged to me,that they executed the same.__
WITNESS my hand and official seal.
J {)C9(
t
e
,� f V TP
-4aryb c in and for the County
17, '1984of Santa Clara State of California
CORPORATION ACK-\1.'MgLEDGCAE` T
STATE OF CALIFORu'11Ay
ss.
COUNTY OF -AN'TA CLAIRLA)
On , I9 before me, the undersigned, a Notary
Public in and for the said State, personally appeared
known to me to
be the o , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporaticn 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.
Notary Public in and for the County
of __Santa Clara, State of California
CO tractI duplicate the Pa
first rir Et
the day and
have executed this
APP'�t . TO 0 e I�nabo ire
`
CITY pEState
CUp
C.ty Attorr�eY the fit ' _beret � ce
By
ATTEST • Yor
a
`'?ty Cie
herein
By
t
jotary ackszowlefi
If a corpora tgment required.
�:on, corporate :
and corporate P ate seal
re notary acknowled men
required.gt