80-001 A Miholovich Concrete Co. Wheel chair ramp construction Project 80-20CONTRACT FOR. PUSL-IC ?-!ORK
COMi ."-7, m—nde an January' 22, 1980
by the CITY OF CUP10E.RTIN0, a ,municipal corporation of the State
of California, hereinafter called the City, and
MIHOLOVICH CONCRETE CO.., INC.
hereinafter called the Contractor.
IT IS HEREBY AGREED by the parties as follows:
1.. The Contract Documents. The complete Cantract con-
sists of the following contract documents:
a. The plans and specifications entitled, "Wheel Chair Ramp Construction.,
Project 80-20"
b. Various bond and insurance requirements
C. Bid proposal attached hereto as "Exhibit A"
Any -Lnd all obligations of the City and the Contractor are fully
set forth and described therein.
All of the above documents dre 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
cf said documents. The documents comprising the complete cor.-
J.
tract are souetimes hereinafter referred to as the Contract Docu-
Ments. In case of conflict between the Plans and Soecifi .ations
on the one hard, and this Contract on the other, the Plans a. -,d
Spe ci-1cat ions shall prevail.
2. The W rlc. The Contractor agrees tc : urnish " all c f
the tools, eaui7:rent,-nnoaratu5, facil�t;ies, r?DOr, tr�?7�DOrt2—
tion, and material necessary to perform and complete in a good
and workmnan11ke manner, the work of
WHEEL CHAIR RAMP CONSTRUCTION, PROJECT 80-20
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as called. for, and in the manner designated in, and in strict
conforr..ity with, the Plans and Specifications prepared by the
following named person:
0 Bert J. Viskovich, Director of Public Works
and adopted by the City, which Plans and Specifications are en—
titled, respectively,
Wheel Chair Ramp Construction, Project 80-20
and w1hich Plans and Specifications are identified by the signa—
tures of the par ties to this Contract. It is understood and
agreed that said tools, equipment, apparatus, facilities, labor,
tr2r:sportation, and material shall be furnished, and that said
work shall be performed and co:mnleted 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:
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.
TEN THOUSAND ONE HUNDRED EIGHTY-EIGHT DOLLARS ($10,188.00)
subject to additions and deductions as provided in the Contract
Documents.
4. Disputes Pertaining to Payment for Work. Should
any dispute arise respecting the true value of any work done,
of any ;iork onitted, 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 per`'oMance of this contract, said
dispute shall be deter_-uned either by reference to the unit of
prices, if applicable, or in accordance with the agreement of
the parties, or in accordance with the rules of the American
Arbitration Association if the parties are unable to agree.
5. Permits; Compliance Uith Law. 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 lea, and comply with all
laws, ordinances, rules -and regulaticns relatin; to the work
and to the preservation of the public health and safety.
6. Insbection by the City. The Contractor shall at
all times maintain prove. facilities and provide yafe access for
inspection by the City to all parts of the .-iork, and to the s ;ops
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wherein the work is in preparation. Where the Specifications
require :•rork to be specially tested .or approved, 'it shall not
be tested or covered up without timely notice to the City of
its readiness for inspection and without tee 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 Chanes. Should the
City at any time during the progress of the work require any
alterations, deviations, additions or omissions from the Speci-
fications or Plans or other Contract 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 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 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 agencies whose approval is required by tau,
stating that the extra work or chanv-e is authorized, and no
claim for an addition to the contract sum shall be valid unless
so orderad.
. 8. Charges to Meet Environmental Reouirements. The
City shall have the right to mate changes in this Contract
during the course of construction to -bring the completed im-
provements into compliance with environmental requirements or
standards established by state and federal statutes and regula-
tions after the Contract has been awarded or entered into. 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, 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 Completion. All work under this Contract
shall be completed '
before the expiration of twenty five (25) working days from the approval
of this contract.
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If the Contractor shall be delayed in the work by the
acts or neglect of tine City, or its employees, o'r those under
it by contract or otherwise, 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 authorized by the Ci ty, or by
any cause which the City shall determine justifies the delay,
then the time of comnletion shall be extended accordingly.
This paragraph does not exclude the recovery of dam-
ages for delay by either party under other provisions in the
Contract Documents.
12. Termination for Breach, etc. If the Contractor
should be adjudged a bankrupt , or if he should ma_:e a general
assignment for the benefit of his creditors, or if a receiver
should be appointed.on account of his insolvency, or if he or
any of his subcontractors should violate any of the provisions
of the .Contract, the City may serve written notice upon him and
his surety of its intention to terminate the Contract, such
notice to contain the reasons for such intention toterminate
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 term.inate. In the event
of any such termination, the City shall immediately serve written
notice thereof upon the surety and the Contractor, and the surety
shall have the rictit to take over and perform the Contract; pro-
vided, hotaever, that, if the surety aithin 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 comm -once 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 com.pletion
by contract, or by any other method it may deem advisable, for
the account and at the expense of the Contractor, and the Con-
tractor and his surety shall be liable to the City for any ex-
cess cost occasioned by the City thereby, and in such event the
City may, rithout liability for so doing, take possession of,
and utilize in_completinQ the work, such ,materials, appliances,
plant and other property belonging to the Contractor as may be
on the site of the worti and necessary therefor.
13. The -Ci t:✓'s Right to Withhold Certain Amounts and
Mate ADDli cation llhereof. . in addition to the ar;outhL which the
11. Inspection ar_d Testing of ''Lateri als.
The Con-
tractor shall notifythe City
a sufficient time in advance of
the
manufacture or production
of materials to be
supplied by
him
under this Contract.1in order
that the City may arrange
for
mill or factory inspection
and testing of the
sarae, if the
City
requests such notice from
the Contractor.
12. Termination for Breach, etc. If the Contractor
should be adjudged a bankrupt , or if he should ma_:e a general
assignment for the benefit of his creditors, or if a receiver
should be appointed.on account of his insolvency, or if he or
any of his subcontractors should violate any of the provisions
of the .Contract, the City may serve written notice upon him and
his surety of its intention to terminate the Contract, such
notice to contain the reasons for such intention toterminate
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 term.inate. In the event
of any such termination, the City shall immediately serve written
notice thereof upon the surety and the Contractor, and the surety
shall have the rictit to take over and perform the Contract; pro-
vided, hotaever, that, if the surety aithin 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 comm -once 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 com.pletion
by contract, or by any other method it may deem advisable, for
the account and at the expense of the Contractor, and the Con-
tractor and his surety shall be liable to the City for any ex-
cess cost occasioned by the City thereby, and in such event the
City may, rithout liability for so doing, take possession of,
and utilize in_completinQ the work, such ,materials, appliances,
plant and other property belonging to the Contractor as may be
on the site of the worti and necessary therefor.
13. The -Ci t:✓'s Right to Withhold Certain Amounts and
Mate ADDli cation llhereof. . in addition to the ar;outhL which the
City may retain under Paragraph 21 of this. Contract until the
final com.pletion and acceptance of all sror'k covered by the Con-
tract, the City may withhold from payment to the Contractor
such an amount or amounts as in its judgment may be necessary
to Day just claimE against the Ccntrsctor or any subcontractors
for labor and services rendered and materials furnished in and
about the worc,. The City may apply such withheld amount or
amounts to the payment of such claims in its discretion. in
so doing, the City shell be deemed the agent of the Contractor,
and any payment so made by the City shall be considered as a
payment, made under the Contract by the City to the Contractor,
and the City shall not be liable to the Contractor for any such
payment made in good faith: Such payment may be made %..ithout
prior judicial determination of the claim or claims.
14. Notice and Service Thereof. Any notice from one
party to' the other under -the Contpacz shall be in writing, and
shall be dated and signed zither by the party jiving 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 follo:•ring 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 sane in the United States
mails, enclosed in a sealed envelope, addressed to the City,
postage prepaid and certified; (b) if the notice is given to the
Contractor, either by personal delivery thereof to the Contrac-
tor, or to his duly authorized representative at the site of the
project, or by depositing the same in the United States *ails,
enclosed in a sealed envelope, addressed to said Contractor at
506 South Bayview
Sunnyvale, California 94086
postage prepaid and certified; and (c) if the notice is giver to
the surety or any other person, either by personal delivery to
such surety or other person, or by depositing the same in the
United States mails, enclosed in a sealed envelope, addressed
to such surety or person, as the case may be, at the address of
such surety or person last communicated by hi: -,i to the party
giving the notice, pcstaoe prepaid and certified.
15. Assi-nment 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 ap-
proval of the City.
16. Compliance with Specificaticns of Materials. ::hen -
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 must be met by Contractor, unless
the City agrees in writing to som-- other material, process or
article offered by Contractor which is equal in all! respects to
the one specified.
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17. Contract Security. Tne Contractor shall furnish
a surety bond in an amount at least equal to one' hundred per -
cant (100,52) of the contract price as security for the faithful
performance .of this Contract. The Contractor shall also furnish
a separate surety bond in an a^ou^t at least equal to one . hu^fired
percent (100 ',5) of the contract price as security for the pnvment
of all persons for furnishing materials, provisions, proverider,
or other supplies, used in, upon, for of about the performanceof the work contracted to be done, 'or for performing any :-.Pork
- or labor thereor_ of any kind, and for the payment of amounts
due under the Unemployment Insurance Code with respect to such
work or labor in connection Tari' h this Contract, and for the ay-
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 coy, -hence ;.cork
under this Contract until. he has obtained all insurance required
under this par2graph and such insurance has been approved by the
City, nor shall the Contractor allow any subcontractor to com-
mence rrork on his . subcontract until all similar insurance re-
quired of the subcontractor has been so obtained and approved.
The Contractor shall furnish the City with satisfactory proof
of -the carriage of insurance required, and there shall be a
specific contractual liability endorsement extending the Con-
tractor's coverage to include the contractual liability assumed
by the Contractor pursuant to this Contract and particularl;;
Paragraph 1-9 hereof. Any policy of insurance required of the
Contractor under this Contract shall also contain an endorsement
providing that thirty' (30) days' notice must be giver_ in writing
to the City of any pending change in the limits of liability or
of any cancella:_on or modification of the policy.
(a) Workmen's Compensation Insurance and Em-
ployer's Liabil.1 tv Insurance. The Contractor shall take out
and maintain during the life of this Contract ldorkmen's Comp_ en-
sation Insurance and Employer's Liability Insurance for all of
his employees employed at the site of the project and, in case
any cork is subset, the Contractor shall require the subcontrac-
tor si,ml.larly to provide' Work,:ien' s Compensation Insurance and
Employer's Liability Insurance for all of the latter's erployees
unless such 'employees are covered by the protection afforded by
ti -.e Contractor.
In signing this Contract the Contractor makes the fol-
lo;vring certification, required by Section 18061 of the Labor Code:
�I am aware of- the provisions of Section
3700 of the Labor Code wtich require every em-
ployer to be insured agains':. liability for
workmen's compensation or to undertake self-
insurance in accordance crith t :e pr ovisi3ns of-
the
fthe code, and I will comply with such provisions
10
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before commencing the performance of the work
of this contract."
(b) Liability Insurance. The Contractor shall
take out anal' maintain during the life of this Contract such
Bodily Injury Liability and.Property Damage Li bility Insurance
as shall o_otect him and any subcontractor per-C-rmiing work cov-
ered by this Contract from claims for damages for. bodily injury,
including accidental death, as well as from claims for property
damage, in *cluding third -party property dzmage, to include cov-
erage on orooerty in the care, custodv and control of the Con-
tractor, and also in 4cluding what are commonly known as the "X,
C. and U'r 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 in-
directly.employed by either of them and the amounts of such in
surance shall be as follows:
Bodily Injury Liability Insurance in an amount
not less than $ 300,000.00 for injuries,
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 'Damnage
Liability Insurance in an amount not less than
200,000.00 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 ex -1,
cess insurance only.
(c) Fire Insurance.; The sha
tQ
'ce out and maintain for the benefit of beth parties t s
ConLr insurance covering loss by Fire, extended erage en-
dorsement p,. ' s (windstorm, hail, e�'xplosion OL., riot attending;
a strike, civil c on, aircraft,, ve es, smoke), and van-
dalism and malicious mi of upo. . e entire structure on whi cis
the work of this Contract i e :done to one hundred percent
(1005�Of
the-insurabl ue there Proper. evidence of such
insurce shall Ll
to the If the
City provid e fire insurance }iereunder, an Contractor
desire roader protection than the perils of .loss by e ex -
ed coverage endorsement perils, and vandalism and malic
Supply in or ex, as the case may be, -in the blank.
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riisclhief,j the C ty will ttempt o obt �nsu�c,,l �road�ep�ro-ec-jo,,jan t nt r t r agr e to y add
br a-' r p .,ecti
,19. Hold Harmless. The Contractor ;rill save, keep, and
hold harmless the City and all officers, employees, and aZents
thereof from all damalges, costs, or expenses, in lair or in ecuity,
that may at any time arise or be set. up because of personal in-
jury or danage to property sustained by any person or persons by
reason of, or in the course of the performance of said wor'.l, or
by reason of any infringement or alleged infringement of the
patent ri?hts of any person or persons, firm or corporation _n
consequence of the use in, pn, or about said .-ior�:, of any article
or material supplied or installed under this Contract. NotVith-
stand_n.� 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 protlect 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.. Flours of Work. Eight hours of labor during any
one calendar day and forty hours of labor during any one calendar
week shall constitute the maximum hours of service upon all work
done hereunder, and it is expressly. stipulated that no laborer,
workman, or mechanic employed at any time by the Contractor or
by any subcontractor or suhcontr2ctors under thi s Contract, upcn
the %ork or upon'any part of the work contemplated by this Con-
tract, shall be recti red or permitted to ;voric thereon more than
eight hours during any one calendar day and forty hours during
any one calendar week, except, as provided by Section 1815 of
the Labor Code of the State of California, worlic performed by
employees of contractors in excess of eight hours per day and
forty hours during any one geek 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 California, all the provisions where-
of are deemed to be incorporated herein, the Contractor shall
forfeit, as a penalty to the City, twenty-five Dollars ($25.00)
for each laborer, workman .7 or mechanic employed in the execution
of this Contract by Contractor, or by any subcontractor under
this Contract, for each calendar day during which said laborer,
workman, or mechanic is required or permitted to work more than
ei-o'r.t 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 shooing the nares of and actual hoyrs :vorllced
each calendar day and each calendar :reek by all laborers, cvork-
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men, and mechanics employed by him in connection with the work
contemplated by this Contract, which record shall be open at
all reasonable hours to the inspection of the City or its off-
cers or agents and to the Division of Labor La•r Enforcement, of
the Department of Industrial Relations of the State of California.
21. !loge Rates. Pursuant to the Labor Code of the
State of California, or local laer thereto applicable, the City
has --ascertained the general prevailing rate of perdiem wages
and rates for holidays and overtime workin the locality in
which this work is to be performed, for each craft, classifica-
tion, or type of laborer, work.:ian, or mechanic needed to execute
this Contract. The pravailing .gages so determined are set fort •
in the Specifications and made a part hereof. Neither the notice
inviting bids r:or this Contract shall . constitute a representation
of fact as to the prevailing wave rates upon crhich the Contractor
or any subcontractor under him may, base any claim against the
City.
It shall be mandatory upon the Contractor, and upon
any subcontractor under him, to pay not less than the said spe-
cified rates to all laborers, workmen, and mechanics employed
in the execution -of the Contract. It is further expressly sti-
pulated that the Contractor shall, as a penalty to the . City,
forfeit twenty-five dollars ($25.00) for each calendar day, or
portion thereof, for each laborer, viorkman, or mechanic_ paid less
than the. stipulated prevailing rates for any wore: done under
this Contract by him or by any subcontractor under him; and Con-
tractor agrees to comply with all provisions of Section 1775 of
the Labor Code.
In case it becomes necessary for the Contractor or any
subcontractor to employ on the project under this Contract any
person in a trade or occupation (except executives, supervisor,7,
administrative, clerical, or other non -manual workers as such) .
for which no minimum wave rate is herein specified' the Contrac-
tor shall immedictely notify the City, vrho gill promptly there-
after determine the prevailing rate for such additional trade
or occupation and shall -furnish the Contractor nith the minimum
rate based thereon.' The minimum rate thus furnished shall be
applicable as 3 minimum. for such trade or occupation from the
time of the initial employment of the person affected and during
the continuance of such employment . CD
22':. Accident Prevention. Precaution shall be exer-
cised at all times for the protection of persons (including em-
ployees) and property. The safety provisions of applicable laws,
building and construction codes shall be observed. Machinery,
equipment , and other hazards shall be guarded or eliminated in
accordance with -the safety provisions of the Construction Saf--ty
Orders Issued by -the Industrial Accident Commissic;i of the State
of California.
ISO
23. Payment. :.lot 'later than the day of each
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calendar month, the City will make partial payment to the Coa-
traetor on the basis of a duly certified approval estimate of
the work per -for -ed 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 :,cork of improvement as evi-
denced by resolution of its governin; body, at arhich time and
not before, the City .shall, pay to the Contractor the whole of
the remainin; ten percent ( 10 I) of said contract
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price so held back as provided; said certificates to be furnished
by and obtained from the City's. representative stating that the
payment or installment is due upon the basis of :,rork completed
and the amount then due and the City's representative shall, be-
fore the 15th of each month, deliver said certificates under
his nand to the City, or in lieu of such certificates, shall de-
liver to the Contractor, in writing, under his hand, a just and
true reason for not issuing the certificates, including a state-
r::ant of the defects -, if any, to .be remedied; to entitle the
_Contractor to the= certificate or certificates. In event of th--
failure of the City's representative to furnish and deliver said
certificates or any of them, or in lieu thereof, the writingaforesaid,
aitlhin 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 entitle
the Contractor to the certificates.
The payment of progress payments by the City shall not
be construed as an absolute acceptance of the *work done up to
the time of such payments, but the entire work is to. be subjected
to the inspection and approval of the City, and subject to what-
ever inspection and approval may be required by law.
214. Protection of Public Utilities. The City shall
be responsible, as between the parties to this Contract only, for
the removal, relocation, or protection of existing public utili-
ties, if any, located on the site of construction, put only if
such public utilities are not identified by the City in the
Plans and Specifications made a part of the invitation for bids.
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Zie City shall compensate the Contractor for costes incurred in
relocating or repairinn- dama-e to utility facilites rot indi-
cated in t:^.e plans and Spec -i fications, otter than service lat-
erals :•Then the presence of such utilities on the construction
site can be inferred from the presence of such visible facili-
ties as buildings, and meters and junction boxes on, or adja-
cent to, the construction site. The Contractor shall not be
assessed liquidated damages for delay in completion of the Con-
tract project, as provided in Paragrao � 27 belo;Y, when such de-
lay is caused by. the failure of the City, or other public utility,
to provide .for the removal or relocation of the existing utility
facilities. If the Contracyor while oerfor?.i ng the Contract dis-
covers utility facilities not identified by .the City in the Con-
tract Plans and Specificat-ons, the service laterals as herein-
above described -3 he shall Immediately 'notify the City in writing.
25. Contractor's Responzibility for the ?-icr:m-. The
Conti -actor shall not be restbnsible for the cost of repairing
or restoring daMase to the work caused by an act of God. PdLjTER-_
THELESS, the Contractor shall, if the insurance premium is a
separate bid ite::, obtain the insurance to indemnify the City
for any damage to the :fork caused by an ac.t of God. "Acts of
God" shall include only the follewin- occurrences ori conditions
a_nd effects: earthquakes and tidal vraves, when such occurrences
or conditions and effects have been proclaimed a disaster or
state of emergency by the Governor of the State of California
or by the President of the United States, or were of a maon_tude
at the site of the ;rcrk sufficient to have caused a procla-oration
of disaster or state of ernergency having occurred in ? populated
area. Subject to the foregoing, the City shall not, ir. any ;Jay
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
Contractor unqualifiedly guarantees 'such lesser quality; and
that the .fork as performed by the Contractor :rill conform ;vita
the Plans and Specifications or any -.ritten authorized de•iiatiOns
therefrom. In case of any defect in work, materials, apparatus
or equip—Ment., 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 .—emedy
such defect or defects aithcut cost to t':e City.
27. Lioui:?ated Dam:a?es. Time shall be of the essence
of this Contract. If the Contractor fails to complete, ;within
15-WIM
the, time fired for such completion, the aork hereinbefore men-
tioned and described and hereby contracted to be doze and Der-
forled, he shall become liable to the City for liquidated dam-
ages in the su-m of
dollars (S 5o.00 ) , for each and every day during which
said wor;c shall remain uncompleted beyond such time for comole-
tion or unlawful extension thereof, which sum shall be presumed
to be the amount of damage thereby sustained by the City since
it would be i^practicable or extremely difficult to fix the
actual damage; and the amount of liquidated damages'may be de-
ducted by the City from moneys due the Conu hereunder,
or his assigns and successors at the time of completion, and
the Contractor hereunder, or his assigns and successors at the
time of completion, and his sureties shall be liable to the
City for any excess.
28. Additional Provisions.
N.A.
-12-
s
I;1 tdIT14ESS WHEREOF, the parties have executed this
Contract, in duplicate, the day and year .first hereinabove
written.
APPROVED AS T-01 FO RAJ
C ty AtttGorney
CITY OF CUPERTINO, a municipal
corporation of trip State of
California, herein called
the City
x
By
:may o r
ATTEST: _
City Clerk
KeZ,,0
herein called Contractor
By f
Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary acknowledgment
required.
-13-
i
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On I 7Z I- t�z 4- 4 4 , 19 „" , before me, the undersigned; a
Notary Public in and, -for said State, personally appeared
I.
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.
onyClaluleaeellaaloas➢s➢a1�r,,aze2a9acFasesa11ae7e1n1�eCt
OFFICIAL SEAL J
};gym KATHY ASHTOFJ
?, •,�I
1 NOTARY PU!:LiC — CALIFOR7.IA ® �
+----r PRI :CIPAL CFFICE IN THE o
tom ' COUNTY OF SANTA CLARA Notary Public/in and for the County
Comm. Exp. Sept. 10, 1983 a of Santa Clara, State of California
®1111111911111fl111111111111/11IIIIIIIIII/I/Ie11117111111�
CORPORATION ACK`;OWL,EDGL21ENT
STATE OF CALIeCRNIA )
ss.
COUNTY OF _A;TTA CLARA)
On 19 c`; before me, the undersigned, a Notary
Public in and for cthe said State, personally appeared
known to me to
be theof%�'/°���� <<� Cc�����LF LC , the
f
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS IY'HE_REOF, 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.
in4wiSAO ne11f1/17759.➢111911979711711117111/17C111Ila 1*3
O -I FICIAL. SCAE
.,
KATHY ASHTON
"g>d fn �, • o
NOTARY PUBLIC — CALIfORNIA ,pa„
PRNKIPAL OFFICE IN THE
COUNTY OF SANTA CLARA
w
Comm. Exp. Sept. 10, 1933 m
III/IIII119i11111111111111111U11111111111111119191116®
i Notary Publ:'6 in and for the County
of Santa Clara, State of California
4
'
Est. Qty.
Bid Item
Unit
Item Unit Price
'Total
_-
14. each
Remove curb, gutter and
sidewalk and construct
r
• -
.
-
wheel chair "ramp complete
_
- .
..
for
-514.
Dollars/Each ;$ b0 /Eac.ji
7196.00.
2.
4 each
Remove .curb and concrete
."
cap and construct P.C.C.
curb complete for
$ 598.00 /Each
_$ 2392.W
:.•
. �.. . � ::::�
..h •:f.. •.
--,,c: :- olla�s.jEach.. .,_... :.. .„•" .
`: ••.r;'
- : ' � •-
.,.:,"''.
_
t--,
.:
.3.
4 each.
Provide and _ ins tall .2"
asphalt concrete overlay
Y
at island cuts .complete
for • • � �
_
$ 150.00 i/Each ..
$ -600.-30
Dollars/Each 1 j
/ . TOTAL:
-10.188.00 .
-1 .. .�� • p� JCC .'r' 1 �� • y.+�.. � ..�.�► � t t. '�.ya
L7. CL'A_`__ MCI ?'C=am
p.I.1er.} •r4•rT} �.�.}1 �•� a � Q /� �� �
WM .`^�+-� �+�`ti��J./.i V to is.i
91� f;C 1 r in; r i �Trj i.ems iw•t�ti L'^ a .�i AC_
�3�C�' 8.S a �.. Of ..��5 �."7ZC.S2_� Y.._ Yom..
�Z 3 L.. -q•. �. �2_–. 3 ha3 7ZLc O em.Zaw.I45 � •�'Z_�'�: � S '�L' ! : _ �,5
years
ZCX�"„3""S' . CT: 'i'= -_C e 3 C CCC;�3. _b C u t"
+ • s '� !�
C=32 " -a .I.C= Lad-
hzs 4=—
- .
� yY� CS � Cly.+ e r r =a----?
45 years
-
�.Cer to .iO♦2 /J102' ♦
•�. Kt.�...a�ri ._
C8 •
r
`)
T� �i wczk f3 . 4 w ; s► L tea. l �: _ r.�t i ���a •�
vi p •. ..=.C- � .
Qi•1"•�•�.`fr.,T�-7"'{�•'�d'...wr�r. ,^� � i.4�� Tp
.. _ ._
.,',� , .. . •_ r. � _
.0
_ -
qac...
ztS, T -.Cat'^.^ Cr nC'r'it Z.L� ?+� Nei"_' �e_•j•�rr
C:.yi���. �.CC:
Baily Ave. Mt . , V i ew
ii.8,095.00
9
1979
City Off-site, Howard J. White, Inc.
Zanker Rd. Barry Swenson Builder
164,041.00
The Alameda Barry `Swenson Bui 1 der,
1 11,000.00
LNewcombe.
Geg '.Co.
16,719.00.
Ave. The att
.
1
= Mt.' View Hodgson Const.: Co.
;27,021.00
-
_
Iupertlno
The OR. - Ear1_'Corp. y
` 161 ,947•:00
I
... `
' I eber t
'35 .000:`00 -:
San Jose' .,•H Wade �...
40,000.00
'Peoples "Constriction - �
'15 . nnn. nn
�1
- _
PROPOSAL
(This cc_tiiica_ion shall ,c cxc_vted by t, c. h_dldc:
accvr .ince With inscruccoons in clie Fair r.,nolrlcy:acnc Practices
requirements o the Special Frov .sicns, ilia bidder snail
exacu6e the ee-tification aL the ti:ae ob subtnitCina his b -d.)
FAIR 1.4?LOY�Ei`IT FMICTICIES C-RTIFICATICit
Tie unders;sned in submi.ttin® _a bid for perLor,:.ing the
following work 'b contract, hereby certifies thathe has or
will meet the standard of affirmative ccmpliance wich the
Fair Employment Practices requirements of. these Special-
` 1Provisions,
•tis: 7+"'--5-• :.e. - •.�'-c.'`tii . .l •.n_ { ._-ti•- :rr^ .._ sty ,. ti.'....:,.. ..i=Li': Ls.. .w{. ,'. +..: .r�. .y .r,s tt
*j Sipes azure of Ti ccei
X06 -s. Bayview {
Sunnyvale, Calif. 24o86 '
Business Address 1 `
SUJ�.01Ciai ittV` �dii.: il.`: ••.
CIA
LQUAL
T R=QUiR'ZJ REFOEt:S
The bidder proposed sub cen erecter her eby
h25 noC Fa` ticipazed in -2 prev.; .Ous ;:r:on-
thac he has, _ _
5
tract or subconcrace subject, to the equal opportunity -C Use,-
as required. by E'.c�cutive orders 10921.12-11114 or 112,.n and
that he has Chas not,
filed with.. the Join r Reporting
cor of .the 0f.fice of,. Federal' Contract CCM-.
Committee, the Direc
lienee a Federal Government coneractinS or adminriteri�na agency,
-U P s
�- or the former president's C®mmittee on equal Employ entf,Dppar
due under - thea clicable filing requireze lts
cunity, all reports
Y�1 AaS::>J"��^°TC+i.:-.<.:�a'a(-T-a�.iss..�'�+y/�i`•:'��.+k.1•y `'a^�'+`�".�''y''�. .
:. 4. 1,Avi h
_ S7ec-Treas
Date• '12-19-79 {. j
ivoce: The above cereificati^-
o„..aired by the 'r_uai rrrinloa;aent
opportunity Regulations of the Secretary .of Labor '(!�L C j.,.
b0-1.7 (b) (l) ,
andm
. use be submitted .by bidders ;IP proposed
subcontractors only in connection
c�tunity ctausecontracts andContracts :and
whi r.h -are subject t® the equal FP
subcontracts which are exempt` fromcenerallylonly®cont-r'act/s. or 5;e
are set forth in 41 CFR '60�Lo5.. t
subcontracts of $10,000. Or under are exer..pt.) /
100 {P�'l is -th_- 'cn`ly repo` t lrequi-ed
Currently Standard Form
wive ®” cr ,:heir i, --p re�uLatio s.
t . __h®_�xec.s_
orders g
-- -
actors who. -rave
proposed prime contractors and, sLbccnCe _Xe -;,u_
paced in a previous contract or subcontract subject -ro the
[iv�e Orders and have no
that
fit -d the .required °pores. should _r.cce
.events the a•-ard of cor�c`acz-s-sand==-
tha�►1 CFR 6®-L. (b} �I} p"
subcontracts unless such contractor sub=®ts-'a _oc�c eot+erir.� -
delinquenc pe: �cl or such ocher period s�e`of. a -a-.
:accordace wily, ,_.._t __c;::� .tne : _1;
r -
e
F this .booklet,bu ` '" s
� --ci _ -...�•. `::^c•.ite •the
page at. the time o= sL:..-�it_bid.)
:,rCN_C0LLUSicrr °AF F TDav!+ y
The und_rsigned in sLbmttinc a bid for per=or.� iag the ..1601-
The
vork.by contfact,, being duly sworn, de oses> ,an`d ..says,:-
: £� _ .. . _ . .
.That he has not, ei then di_-ectly or _incirectly enter: ed:
into any agreement, partieipazer in any collus+on, or other prise
.� taken any action in restraint of. free compe`itive bidding in
s connection With this Contract. y
FOR:
S;Ignature or ;iddex .
^'M S. Bayview .
Sunnyvale, Calif. 94086
Business Address
i'
•
Y t+'.^vr.' C..,
1 � V + ♦•♦ . / -
ti l7 Tlf?� ilTdCiZC� zO� v ,.ri_,bc
�
.. �.� a -
_�
...
p-ojcety - ..
�ntcnd tc su^con::� :: ` pert_^ns c::
t.
-this P`ojccc.
y
In Leith the p:ovislans '-.T
-
.zccorcance
11�7�LCZC1p�iCian }3 }r Mr[:Od C�♦' j3us:ness El1Ccrm'-sCw-i:1
'of
,� in S/recicr: 1.06-1.04 the Special l
' Subeolztrzeciro s =:'
•_
-
�PCcViS10ns, I have �'CaKen. ai0�rnaC1.vG aeC1Cn -6.0 SC�1: ®L:�
::end• consider ninogdt}r _musiness entem�ei.�e� Vic=- the
-
portioc�s o� tine �.Tol::� �:h; are intended to be 'su'bca.n-
:- -
tgaeted. afiFir=2tive# actions are -L-111),
and thea -such
Qcacunented in �y-r�ca`ds .and are' ' avp,iiabip �:dvn rec�ues'Ca
'
'In zdditLcn3 I will take such ,,. _cive ac vion on any
future subcontiacC=nZ =a= the life oc Chis ce
"Nate"
i'he bidde>; shall check box A or box. if the bidde_
®
sacs hoe elieek .a box it iil be dcecned that hc. h 5
"-checked box A,
�•,
------------
<. Dated-
_.
':sL� G �C�CZ®n''-�� dCCjzu ved b' .23 C� iZ LTJ .�.� =•l'e`+.i��•
.:,Tile ..r e'CLs. 1 i.G%�.
Ci:�C:�C=-
y.
/y ti=GZV' 3i's
the Feeii-ral ."c®lsCeZD VQ1 a �Q� •``r• �?.T
s
••.-�-
_ - - m
-• e- a .. • . e• _ .. - _ • -
moi•
.•
_- -+ - .+ - �- - _ [� ...-� 70
-
a + . � .• - -
r
M CL
.. U
W:[ L, I`;r `�K,�1,, t•.► '_ ;°I;:G, F.f1C?I SL'-3c:0I. �,�:a..'i'C:: :.��•_
IZED G►T '77 11 ::iC.i E ;'i' OF ITS :.'0/i+:"r Iri,-:.A i�'Z ii` :•Lv
a OF, TCAT*IG`S. S=SLI=ZCALLY , TH` CON:.—KAZ:'�'� C_.. _
FI..S TMkT -IT W"!LL INFORM ZACR .-Z�.Je '.6..'o Y . J!1 'Cvis�
'TRACTOR. OF. ITS OBLIGATIONS
L7NDER THE 'TERAS r 1`1D• RrQUiR `iiVT°S "Or ?Ti ��' _17 G� '
THE MOD:.L FED—ERAL EL'O BZDCO1";DI
AIC :JS (CJI:T1\I:NEC
ICY SECTION IOG) ZNCLUDING-T:i:. z�RC'✓IS G.Fr: AE.
LT®LATI°G TO THE bT
TION
COAL AND TRAINING.
2. TO 1155L'R:s i°i-AT IT' A1�K55 .nLL SUBCONTRAC.:'ZiiG
UiREr1ENTS .TT MAY i�AVE: KNOW, TO..'iINC?ai' COI
TRACTORS AND TO ASSURE TILNT THEY ARE PROVIDED
- All ADEQUATE OppoRTU.gZ +' ; TO COAie ET-.. SUCH
SU ECC,`TTRACTS .
• FZEP04T TO Tib:: CONSTRUCTIC.N 111ANAGrR, ROADS O?–'
ER.�TiONS DIVISION,
SANTA CLA.R� COUNTY TecANS?CR–
TATIOI`T AGENCY, ..1555 E—E-RG-.R DRIVE, Sr,b7 jOSE•,
CALIFORNIA 1I2 TH NATURE AND DOLLAR AMCU)Na
'�GY?!�*''y•y's"�-+mss.;--;A . ` ' �'.T'•`_ 'O�s``�5.?'+�.'rZT$�v�3►-¢:0?:
By .Nr..�It•; Ei1;illG• ..CAT GOR"', SND SEX is
Ohi:d"D DUS Tti'T•:SS . -
t Bidders Sicnatu: e
L ! :C`.y l• i
i. . i.. ,y, i