80-002 A Doss Construction Co. Mann Station Drain Line Project 80-45CONTRACT FOR PUBLIC T-MR'_K
ma de on February 7, 1980
by the CITY OF CUP LRT=NO, a muroicipal corporatiaa of the State
of California, hereinafter called the City, and
Doss Construction Company
hereinafter called the Contractor.
IT TS HEREBY AGREED by the parties as f o llorws
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1. The Cont. _ract Docu_nents . The complete Cantrpct con-
sists of t:le -following conte act docur^ents : 0
A. Specifications and Plans entitled "Mann Station Drain Line,
Project 80-45
B. Proposal entitled "Project 80-45, Mann Station Drainline"
dated 1/17/80, Exhibit A.
C. Various -bond and insurance requirements
Any :tnd all obligations of the Ci l -y and the Cont-ractcr are fully
set fortand described therein.
All of the above documents are intended to cooperate so
that any work. called for inn one and not i entioned in the at -her,
or vice versa, is to be executed the s4.Te as if ���entionad ;.n. all
cf said documents. The documents comprising the complete cor.-
L.ract. are so-metir::es hereinafter referred to as the ContraCt, Docu-
ment s . Zn case of conflict between the Plans and Sce ci f i .s t -i cns
on tyle one han,:, and tills Contract on 'the other, the Plans a -rd
Specif_ cat ions shall prevail.
2. ThC 4,or': The Contractor agrees to furnish ' al_ c -;-
the tools, eaui-o^.lent, apparatus, faci!-Jtie_ s, labor, transperta-
tion, and mZt.ri al necessazry to perform and comnlete in a good
and workman 1 i ke :-tanner the work of r
Installation of a Drain Line to the City Pump Station Site.
as called.
conforr..i ty
foilowing
for, and in the
,.,lith, the Plans
named person:
manner desicnated in, and in strict
and Specifications prepared by tae
Ifert J. Viskovich, Director of Public Works
and adooted by the City, which Plans and Specifications are en-
titled
3 respective ly, ,
Mann Station Drain Line, Project 80-45
and ilfh,,ich Plans and Speci ficat ions are identified by the signa-
tures of the ;parties to this Contract. It is understood and
C6 that said tools, equipment, apparatus, facilities, labor,
transportation, and material shall be furnished, and that said
work shall be performed and co rieted as required in said Plans
and Soecifications under the sole direction and control of the
Contractor, but subject to the inspection and approval al" the
City, or its representative. The City hereby designates as its
representative for the purpose of this Contract the follo-wing
named person:
Mr. Bert Viskovich, or his agent
3. Contract Price.
Contractor agrees
agreed to be done,
The City agrees to pay, and the
to accept, in full payment for the work above
the sum of
Seven Thousand, Eight Hundred and Forty Dollars ($7,840..00)
subject to additions and deductions as provided in the Contract
Documents.
4. Disputes Pertafning, to Payment for Work. Should
any dispute arise respecting. the true value of any work done,
of any work omitted, or of any extra aork.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 .-rith the agreement of
the parties, or in accordance :.rich the rules of the American
Arbitration Association if the parties are unable to agree.
5. Permits; Compliance ,.;i -'('h Law- The Contractor shall,
at his expense, obtain all necessar r permits and licenses, ease-
ments, etc. , for the construction of the project, give all nec`s-
sary notices, pay all fees required by law, and comply ;rith all
la4ls, ordinances, rules and regulati ons relati my to the :•torn
and to the presery _ti on of the public health and safety.
6. Insbection by the City. The Contractor shall at
all times maintain proper facilities and Dr ovide safe access for
inspection by the City to all parts of tine :loris, and to the s!;cps
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wherein the .•rork is in preparation. Where the Specifications
require work to be specially tested or approved, it shall not
be tested or covered up without ti.maly notice to the City of
its readiness for inspection and without the approval thereof
or consent thereto by the latter. Should any such aork 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 Chanzes . Should the
City at any tir:e during the progress of the .-ionk require any
alterations, deviations, additions or omissions from the Speci-
fications or Plans or other Contract Docu::�ents, it shall have
the right to do so, and the same shall in no tray affect or mace
void the contract, but the cost or value thereof will be added
L.O. 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 :•rich tcne 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 cerformed 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 law
stating that the extra work or change is authorized, and no
claim for an addition to the contract sum shall be valid unless
so ordered.
8. Changes to Meet Environmental Reoui re—ments . The
City shall have the right to mace chanag_s 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
Amerd can 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. Ti -e for Completion. All ,-rork under this Contract
shall be completed �^
Prior to Fifteen Working Days from the Date of this Contract
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If the Contractor shall be delayed in the cork by, the
acts or nea-iect of tiie City, or its amployees, or those under
it by contract or other,,,rise 3 or by chanzes ordared i n the ;•cork ,
or by stri,:es, lockouts by others, fire, unusual delay in trans-
portation, unavoidable casualties or any causes.beyund the Con-
tractor's control, or by delay authorized by the City, or by
any cause which the City shall determine justifies the delay,
then the time of completion shall be extended accordingly.
This paragraph does not exclude the recovery of dam-
ages for delay by either party under other provisions in the
Contract Documents.
12. Termination "or Breach, etc. If the Contra ctbr
should be adjudged a ban erupt., or if he should ma_.-- a =en ----al
assignment for the benefit of his credi tors, or if a reC8iver
should be aDDOinted.on account of his insolvency, or if he or
any of his subcontractors should violate any of the provisions
of the Contract, the City may serve written notice upon him and
his surety of its intention to ter-ii.nate the Contract, such
notice to contain. the reasons for such intention to terminate
the Contract, --ld, unless within ten days after servir.� of such
notice, such violation shall cease and sati sfaetor,7 arrangements
for correction thereof be made, the Contract shall, upon the
expiration of said ten days, cease and ter:+ainate. In the event
of any such termination, the City shall immediately serve ;mitten
notice thereof upon the surety and the Contractor, and the surety
shall have the rictit to take over and perform the Contract; pro-
vided, hot-rever, that, if the surety within fifteen days alter
the serving upon it of notice of termination does not ?ive the
City written notice of its intention to take over and perform
the Contract, or does not corm -fence performance thereof Tri thin
thirty days from the dal--- of the serving of such notice, the
City may take over the work and prosecute the sane to completion
by contract , or by any other method it may jeer 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 -..-
cess cost occasioned by the City thereby, and in such event t�:e
City may, rithout liability for so doing, take possessi on of,
anal utilize in completing the work, such materials, appliances,
plant and other property belonging to the Contractor as «,ay be
on the site of the work- and necessary therefor.
13. The City Is Richt to Ui thhold Certain remounts and
Make :'boli catio "_he^E�of. In arlditio:l to "n
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11. Inspection ar_d Testing of r-",aterials
. The Con-
tractor
shall notify the City a sufficient
time in advance of
the
manufacture or production of materials
to be
supplied by
him
lander this Contract, in order that t%:e
City r, -.,ay arrange
for
mill or factory inspection and testing
of the
same, if the
City
request's such notice from the Contractor.
12. Termination "or Breach, etc. If the Contra ctbr
should be adjudged a ban erupt., or if he should ma_.-- a =en ----al
assignment for the benefit of his credi tors, or if a reC8iver
should be aDDOinted.on account of his insolvency, or if he or
any of his subcontractors should violate any of the provisions
of the Contract, the City may serve written notice upon him and
his surety of its intention to ter-ii.nate the Contract, such
notice to contain. the reasons for such intention to terminate
the Contract, --ld, unless within ten days after servir.� of such
notice, such violation shall cease and sati sfaetor,7 arrangements
for correction thereof be made, the Contract shall, upon the
expiration of said ten days, cease and ter:+ainate. In the event
of any such termination, the City shall immediately serve ;mitten
notice thereof upon the surety and the Contractor, and the surety
shall have the rictit to take over and perform the Contract; pro-
vided, hot-rever, that, if the surety within fifteen days alter
the serving upon it of notice of termination does not ?ive the
City written notice of its intention to take over and perform
the Contract, or does not corm -fence performance thereof Tri thin
thirty days from the dal--- of the serving of such notice, the
City may take over the work and prosecute the sane to completion
by contract , or by any other method it may jeer 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 -..-
cess cost occasioned by the City thereby, and in such event t�:e
City may, rithout liability for so doing, take possessi on of,
anal utilize in completing the work, such materials, appliances,
plant and other property belonging to the Contractor as «,ay be
on the site of the work- and necessary therefor.
13. The City Is Richt to Ui thhold Certain remounts and
Make :'boli catio "_he^E�of. In arlditio:l to "n
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City may retain under Paragraph 21 of this. Contract until the
final completion and acceptance, o.L all crork covered by the Con-
tract*.,
on-
tract, the City may :•rithhold from. payment to the Contractor
such an amount or amounts as in its judgment may be necess-ry
to may just clanims ^Tains- the C'cn `r.-cT^'^ any sub cant »a^ --ors
for labor and services rendered and materials furnished in and
about the wore. The City may apply such withheld amount or
amounts to the payment of such claims in its discretion. in
so doing, the City shall be deemed the agent of 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 fait -h. Such payment may be made- i..ithout
prior judicial determination of the claim or claims.
14. Notice and Service Thereof. Any notice from on--
party
neparty to ' the other under the Contact 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 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 tYie same in the United States
mails, enclosed in a sealed envelope, addressed to the City,
postage prepaid and certified; (b) if the notice is given to the
Contractor, either by personal deli very thereof to the Contrac-
tor, or to his duly authorized representative at the sit-- of the
project, or by depositing the same in the United States :ails,
enclosed in a sealed envelope, addressed to said Contractor at
15155 Kennedy Road
Los Gatos, CA 95030
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 sane in the
United States mails, enclosed in a sealed envelope, addressed
to such surety or person, as the case may be, at the address of
such surety or person last communicated by him to the party
giving the notice, postage prepaid and certif_ed.
15. Assignment of Contract. Neither the Contract,
nor any part thereof, nor moneys due or to become due thereunder,
may be assi gn_d by the Contractor without the prior written ap-
proval of the City.
.16. Coraplia..nce ,.r_tri Specificati cns of Materials. ,-.hen-
ever in the Specifications, any material or process is indicated
or specified by patent or proprietary name, or by name of manu-
facturer, such Specifications must be met by Ccr Tactor, unless
the *City agrees in iiriting to some other material, process a.-
article
rarticle offered by Contractor ,hich is equal in all respects .,o
the one specified.
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17. Contract Securi tv. T:Ze Contractor shall furnish
a surety bond in an amount at least equal to one hundred per-
cent (1001) of the contract price as security for the faith-ful
performance.of this Contract. The Contractor shall also furnish
a separate surety bond in an aMc�unt at least equal to one hundred
percent (IOCJ') of the contract price as security for the paymentof all persons for furnishing materials, provisions, provender,
or other supplies, used in, upon, for or about the performance
of the work contracted to be done, or for perform, any Tlortc
or labor thereon_ of any kind, and for the payment of amounts
due under the Unemploym4ant Insurance Code with respect to such
work or labor in connection with this Contract, and for the pay-
ment of a reasonable attorney's fee to be fixed by the court in
case suit is brought upon the bond.
18. 'Insurance. The Contractor shall not commence ,Iork
under this Contract until he has obtained all insurance required
under this paragraph and such insurance has been approved by the
City, nor shall the Contractor allow any subcontractor to com-
mence ,-rorrc or� his subcontract until all similar insurance re-
quired of the subcontractor has been so obtained and approved.
The Contractor shall furnish the C.i ty 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 particularly
Yaravraph 19 hereof. Any policy of insurance required of the
Contractor under thi s Cont r2 et shall also contain an endorse:aent
providing that thirty (30) days' notice must be jiver_ in rrritin?
to the City of any pending change in the limits of liability ori
of any cancellation or modification of the policy. -
(a) Wor'cmen's Comm ensation Insurance and Em-
ployer's Li abil=ty Insurance . The Contractor sha11 take oui
and maintain during the life of this Contract ?��orkmen's Corp_ en-
sation Insurance and Employer's Liability Insurance for all of
his employees e =loyed at the site of the project and, in case
any .-iork is sublet, the Contractor shall require the subcontrac-
tor sirilarly to provide' Workmen I s Compensation insurance and
Employer's Liability Insurance for all of the 1at terns er�.ploy ees
unless such 'e.rployees are covered by the protection afforded by
the Contractor.
In signing this Contract the Contractor makes the fol-
lowing certification_, required by Section 1861 of the Labor Code:
aI am xaare of* the provisions of Section
3700 of the Labor Code l-.rti ch require every em-
ployer to be insured agains� liability for
workmen's compensation or to undertake self-
insurance in accordance I:i t;1 the provisions of
the cede, and I ,;ill co-ipiy truth such provisi ons
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before commencing the performance of the work
of this contract."
(b) Liability Insurance. The Contractor shall
take out and.maintain during the life of this Contract suci,
Bodily Injury Liability and Property Damage Liability Insurance
as shall protect him and any subcontractor performing wurf cov-
ered by this Contract from claims for damages for bodily injury,
including accidental death, as ;cell as from claims for property
damage, including third -party property damage, to include cov-
e raSe on property in the care, custody and control of the Con-
tractor, and also in zcluding what are conmonly known as the "X,
C. and U" exclusions (having to do with blasting, collapse, and
underground property damage) , which may arise from Contractor's
operations under this Contract, whether such operations be by
himself or by any subcontractor or by anyone directly or i n -
directly .e.m.ployed by either of them and the amounts of such in-
surance shall be as follows: I
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 'DaM.ao
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 spall
also contain a provision that tale insurance
afforded thereby to the City, its officers and
employees, shall be primary insurance to the
full limits of liability of tie policy, and
that, if the City, or its officers and employees,
have other insurance agair_st a loss covered by
such policy, such other insurance shall be ex-
cess insurance only.
(c) Fire Insurance. 7 shall
take out an aintain for the benefit 1 both parties to this
Contract insura._ e covering loss b fi ire extended coverage en-
dorsement perils ndstorm, h explosion, riot ot, riot of attendl:2?
a strike, civil comm ; on, craft , vehicles , smoke) , and van-
dalism and malicious rill. of upon the entire structure on ;rh_ch
the wor'.-c of this Cont r L, to be done to one hundred percent
(100N) of the insur _e value hereof. Proper evidence of such
insurance shall furnished to e If t!Ze
City provides ,e fire insurance 'rte Under, and the Contractor^
desires bro er protection than t'ae p.. ; Ls of loss by fire, ex-
tended c era,7e endorsement Derils, and dalisn and malicicus
S,uf'ply i rl or ex, as the case may be, . in the nk.
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mischief, the City will attempt to obtain such broader orotecti on
and the Contractor agrees to pay any additional cost for such
broader protection.
19. Hold Harmless. The Contractor Trill save, '.•Keep, and
hold harmless the City and all officers, employees, and a=encs
thereof from all damages, costs, or expenses, in la:•r or in equity,
that may at any time arise or be set* up because of perscnal in-
jury or damage to property sustained by any person or persons by
reason of, or in the course o£ the performance of said ;•rork Or
by reason of any infringement or alle.ged infringem?nt of the
patent rights of any person or persons, firm or corporation in
consequence of the use in, pn, or about said :►ort:, of any article
or material supplied or installed under this Contract. 14 _J th-
stand_�n.� the above, the Contractor shall wherever it is necessary
keep and maintain at his sole cost ar+d expense during the course
of his Operations under this Contract such .rarnin,7s, sins, and
barriers as may be required to prosect the public. The provisions
of the preceding sentence shall not impose any liability upon
the City and are for the express benefit of the general public.
20. Hours of Work. Eight hours of labor during any
one calendar day and forty hours of labor during any one calendar
week. shall constitute the maximum hours of service upon all ;cork
done hereunder, and it is exnressly. stipulated that no laborer,
work -man,, or ;rachanic employed at any time by the Contractor or
by any subcontractor or suhcontractors under tris Contract, upo^
the ;,ork or upon any part of the ,-cork contemplated by this Con-
tract, shall be required or permitted to aor?c thereon more tha n
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., wor'•c performed by
employees of contractors in excess of eight hours per day and
forty hours during any one week shall be permitted upon 'public
work upon compensation for all hours Trorked in excess of eiEht-
hours per day at not less than one and one-half tiles the basic
rate of pay. It is further expressly stipulated that for each
and every violation .of Sect -ions 1811-1815, inclusive, of the
Labor Code of the State of ,California, all the provisions T•Ihere-
of are deemed to be incorporated herein, the Contractor shall
forfeit, as a penalty to the City, tT•renty-five Dollars ($25.CC)
for each laborer, 1,,rorkman, 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 torror'_c ;yore than
eight hours in any one calendar day and forty hours in any one
calendar T, -.,eek in violation of the provisions of said Sections of
the Labor Code.
The Contractor, and each subcontractor, shall keep an
accurate record she,:iing the narzes of and actual hours Ta=ced
each calendar day and each calCndar ,,reek by all laborers, ;ror�.-
den, and mechanics employed ty him in connection aith the work
contemplated by this Contract, which record shall be open at
all reasonable hours to the inspection of the City or its of.L -
cers or agents and to the Division of Labor La -.,t Enforcement of
the Depar .;hent of industrial Relations of the State of California.
21. '.,[age Rates. Pursuant to the Labor Code of the
State of California, or 1ocs1 lag thereto applicable, the City
has ascertained the general prevailing rate of per diem irages
and rates for holidays and overti mre work in the locality in
which this work is to be performed, for each craft, classifica-
tion, or type of laborer, workman, or mechanic needed to ex--cu-.--
this
x--cutethis Contract. The prevailing :gages so deter-rdned are set fort:'
in the Specifications and made a part hereof. Heither the notice
inviting bids nor this Contract shall. constitute a representation.
of fact as to the prevailing :gage rates upon ,•rhich the Contractor
or any subcontractor under him may, base any claire against the
city.
it shall be mandatory upon the Contractor, and upon
any subcontractor under hi:c, to pay not less than the said spe-
cified rates to all laborers, workmen, and 'mechani cs employed
in the exec:ution.of the Contract. It is further express!- sti-
pulated that the Contractor shall, as a penalty to the City,
forfeit twenty-five dollars ($25.00) for each calendar day, or
portion t'erecf, for each laborer, workman, or mechanic paid less
than the. stipulated prevailing rates for any done under
this Cont.—act by him or by any subcontractor under him; and Con-
tractor areas to comply with all provisions of Section X775 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) ,
ad'ninistrative, clerical, or other non -manual .-corkers as such),
for which no minimuZ wac-e rate is herein specified, :he Contrac-
tor shall immediately notify the City., who ri 11 pro-ptly there-
after determine the prevailing rate for such add -it- ioncal trade
or occupation and scall -furnish tine Contractor ,,ri th the minimum
rate based thereon.. .The minimum rate thus furnished shall be
applicable as a minimu:c for such trade or occupation from the
time of the initial employment of the person affected and during
the continuance of such employment.
22. Accident Prevention. Precaution shall be exer-
cised at all times for the protection of persons (including em-
. ployees) and property. The safety provisions of applicable laws,
building and c-.nstruction codes shall be observed. ilachinery ,
equipment, and other hazards shall be guarded or elim-inated in
accordance with -til-ie- safety provisions of the Cons tructicn Safety
Orders issued by -the Industrial Accident Commission of the State
of California.
23. Payment. Not later than the last Tues -day of each
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calendar month, the City ,rill make partial payment to the Co:: -
..actor on the basis of a duly certified approval estimate of
the ;•lor performed and :materials incorporated in the project,
during the preceding calendar month, by the Contractor, 'out the
City will retain ten percent ( 1p of the
(�
amount of each of said estimates until the e ciration of thirty-
five (35) days from the date of recording by the City of notice
of acceptance of completion of all work covered by this Contract,
if such notice be recorded within ten days after the acceptance
of completion of such Contract as evidenced by resolution of
its governing body; or, if such notice be not so recorded within
ten days, until the expiration of ninety-five (95) days after
the acceptance of completion of such work of improv--ment as evi-
denced by resolution of its governing -body, at which time and
not before, the City shall, pay to the Contractor the .chole of
the remainin- ten percent ( to N) 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 work completed
and the amount then due and the Clty's representative shall, be-
fore the first Friof each month, deliver said certificates under
L
his hand 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::ent of the defects if any, to .be remedied, to entitle. the
Contractor to the certificate or certificates. In event of t:ie
failure of the City's representative to furnish and deliver said
certificates or any of them, or in lieu thereof, the writing
aforesaid, ait.in ten (10) days after the times aforesaid, and
after ,critten demand has been rade 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 writ- ing
aforesaid, in lieu of the certificates , then a comoliance by the
Contractor ;rich 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 winat-
ever inspection and approval may be required by lar.
24. Protection of Public Utilities. The City shall
be responsible, as bettreen the parties to this Ccntract 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 Speci_'ications made a part of the invitation for bids
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Ine City shall compensate the Contractor for costs incurred in
relocatinc- or repairing damage to utility facilities not indi-
cated in tr.e Plans and Specifications, otter than service lat-
erals when the presence of such utilities on the constriction
site can be inferred from the presence of such vi Bible=ac_li=
ties as buildings , and meters and j unction bo::es on, or adj a -
cent to, the construction site. The Contractor shall not be
assessed liquidated damages for delay in completion of the Con-
tract project, as provided in Paragrach 27 belo,a, when such de-
lay is caused by the failure of the City, or other public utility,
to provide .for the removal or relocation of the existing utility
facilities. If the Contractor while oerformin - the Contract dis-
covers utility facilities not identified by the City in the Con-
tract Plans and Specificat-ions., the service laterals as herein-
above described., he shall immediately notify the City in writing.
. 25. Contractor's Res cons _b tv for the wcrk :,l,,e
Contractor shall not be responsible ler the cost of repairing
or restorin damn- c -e to the work caused by an act of God.�1EVER-
THELiSS, A— Contractor shall, if the insurance premium i s a
separate bid i te: obtain the insurance to indemnify the Cit;*
for any da -mage to the .cork caused by an ac.t of God. "Acts of
God" shall includ-- only the following occurrences o'_� conditions
and effects: earthgilla_kes and tidal vraves, when such occurrences
or conditions and effects have been proclaimed a disaster or
state of eater.-ency by the Governor of the Stcst:a of Cali forn:La
or by the President of the United States, or were of a magnitude
at the site of the ,cork sufficient to have caused a procla-_aticn
of disaster or stats of emergency havin-- occurred in a populated
area. Subject to the foregoing, the City shall not, in any ;aay
or manner, be answerable or suffer loss, dammage, expense or
liability for any loss or damage ;hat 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 work_T:ansnip and
of all ,materials, apparatus, and equipment used or installed by
him, or by any subcontractor or supplier in t, _he project ;v hicil is
the subject of this Contract, unless a lesser quality is expressly
authcrised in the Plans and Specifications, in which ee.t the
Contractor unqualified-ly guarantees such. lesser quality; and
that the .rork as performed by the Contractor will con -form. wit"!
the Plans and Specifications or any :.:ritten authorized de.i �t_ons
therefrom. In case of any defect in '.•iorit, materials, apparatus
or equipment, whether latent or pat -ant. revealed to the C-4--,
within one (1.) year of the date of acceptance of completion of
this Contract by the City, the Contractor :•rill forthait i r-emedy
such defect or d-fects ,•rithou:t cost to City.
27. Liquidated Da .---na -- es Tint. shall be of t;le essence
of this Contract. If the C,� ntracto:^ fs.ils to complete,
-11-
the time fixed for such completion, the aork herainbefore men-
tioned and described and hereby contracted to be done aid per-
formad, he shall become liable to the City for liquidated dam-
ages in the sum of. Fifty
dollars (a 50.00 ), for each and every day during which
said :•ror:c shall remain uncompleted beyond such time for comna1e-
tion or unlawful extension thereof, ,.rhich sum shall be presumed
to be the amount. of damage thereby sustained by the City since
it would be impracticable or extremely difficult to fix the
actual dam-alge; and the amount of liquidated damages may be de-
ducted by the City from moneys due the Contractor heraunder,
or his assigns and successors at the time of completion, and
the Contractor hereunder, or his assi sns and successors at the
time of comaletion, and his sureties shall be liable to the
City for any excess.
28. Additional Provisions.
None
10
to ��
PROPOSAL
NiLNN STATION DRAIN LLNE - PROJECT 80-45
TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA:
Dear Sir:
In compliance with the Plans and Specifications furnished for the :iann
Station Drain Line, Project 80-45, I, the undersigned, hereby declare
that I have read the proposal requirements and hereby propose to do all
work required to complete the said work in accordance with the Specifications
and/or Plans for the amounts set forth herein on the incorporated schedule.
The 4ork shall be the installation of storm drain improvements as out-
lined in the Specifications and/or Plans outlined herein.
All necessary preraration as well as "clean-up" is included in the prices
bid and no extra compensation will be sought. A11 work will be done in a
workmanship -like manner and will meet or exceed the embodied requirements
and/or the standard stipulated by the City Engineer.
The undersigned also understands that the quantities shown below are
estimates only, being given as a basis for comparison of bids by the
City Council. The City reserves the right to increase or decrease the
amount of class or portion of the work or to omit items as may be deemed
necessary by the Engineer.
A bid bond in the amount of 10e ii; required. Award shall be to lowest
bidder; however, the City Council reserves the right to reject any or
all bids .
BID
ITEM QUANTITY ITEI EXTENSION
ye
1. 178 L/ft Provide and install a lineal foot
of Class III R. C. P., for -`--
2. 2 ea Provide and install a State of
California type G-1 flat grate
inlet
3. L. S. Provide and install a Citv of
Cupertino standard manhole com-
plete for _
(Dollars/Lump Sum)
Bid Total
Proposal 114L
6da,.o
gL7d, 0--,
7 Cyd, o -o
i
A. BID DOCIT.'l NTS, continued
BIDDER OU.UIFICATION FORM
EXHIBIT A
Gfurther compliance with the specifications furnished, the undersigned
submits the following statements as to his experience and to his qualifica-
tions as a part of this proposal, and the truthfulness and accuracy of the
information is hereby guaranteed.
(1) How manv years has your organization been in business under its
present name? 2_,
(2) How many years'experience in work comparable with that required
under the proposed contrac4 has your organization had by this or
any other name? 2v-y�_e..__,
(3) Contractor's License.N 1y7_ baa State of California,
Classification 3!G _ 7
(4) List work similar in character to that required in the proposed
contract which your organization or personnel in your organization
has completed within the past three years.
Year Class, Location of Work and for ?whom Performed Contract :mount
i
j
A. Bib DOCUMENTS continued \ � 6
�L Q
Name of Proposed Sub -Contractor, if any
(Section 4104 Government Code)
2.
6.
Address of Shop or Office of Sub=Contractor
(Section 4104 Government.Code)
1.
2.
3.
4.
5.
6.
Work to be performed by Sub -Contractor
(Section 4104 Government Code)
1.
PROPOSAL Page 3/4
JalA. BIDDOCJME'3T$, continued r
IF YOU ARE AN IYDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO -PARTNERSHIP,
STATE TEE FIRM NAPE AND LIST -THE LAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
J _.� ALSO, MMES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED.
TYPE OF BUSINESS :idividual
Co -Partnership
Corporation
Joint Venture
Other
Date /- /7- ,Kd
Addenda Received:
I
1 2 3 4; 5
i
Proposal Page 4/4
(describe)
NAME AND
SIGNATURE OF BIDDER:
G
Address
IIH WITNESS WHEREOF, the parties have executed this
Contract, in duplicate, the day ani y ear First aereinabove
written.
APPROVED AS TO ''ORIJI:
,� �•� /4C
City Attorney
ATTEST:
City Clem
Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary acknowledgment
required .
CITY OF CUPERTINO, a municipal'
corporation of" t'le State of
California, herein called
the City
By 6 -to J
'-lay o r
herein called Contractor
-13-
STATE OF CALL-FOR'VIA )
i
ss.
COUNTY OF S -C -L )
On 190 before me, the undersigned, a
Notary Public and for said State,® personally appeared
known to me to be the persons whose names are subscribed to the within
instrument, and acknowledged to me,that 4hey executed the sane.
WITNESS my hand and official seal.
ka PfIN PAL OFF F ,
SAN ivj?'�EO CC1Uh1TY
My Commission Expires July 27, 1882 ® Notary Public in and for the County
�1/191111YIIIIBA9@IRIIAI@IREIIBBIIARRAl111AA111YAlug mol 1B® of JJ to Clara, State of California
CORPORATION AC',1;aiOWLEDGE1ENT
STATE OF CALIFORNIA )
ss.
COUNTY OF _A;;TA CLAR.k)
On 19 , before me, the undersigned, a Notary
Public in and for the said State, personally appeared
known to me to
be the of , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the sane.
IN WITNESS ?-MIERZEOF, 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.
Votary Public in and for the County
of Santa Clara, State of California
MANS! DRNE
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GtT`I GFGUPERT;NO
S C1T`I WILL. CETAI N A
GOVNTy �NG�:�;:,HN1,`NT PER^'�;T.
S TCP GF iN Gc-r 5 TD aE
1 E�_ p STPAK` G.
G�1v-2AG`'Gr VERIFY I.CGATIQNS
ALL UNC)E' :'7__ -UNP U71UTIES P21,012,
TO START OF' ',N O2 K .
MaNN S7-`-,7�oU
STC<M _ NC
EXHl21T A
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Bid Item No. 3 - Manholes
This lump sum bid item shall include all costs for the installation
of a City of Cupertino Standard manhole. All concrete, excavation,
backfilling, asphalt concrete and grating shall be provided.
5. PLANS AND STAKING
The enclosed exhibit A shall be the plan on the subject project.
The City shall accomplish all of the staking on the project and provide
the cut sheets as required.
6. TIME OF COMPLETION
The Contractor shall diligently prosecute the work and said work
shall be completed before the expiration of fifteen (15) consecutive working
days from the approval of the contract. No work on Saturdays or Sundays
or before 8:00 A. M. or after 5:00 P. M. will be allowed.
REVIEWED BY:
(- �4A: 944
Travice Whitten
Assistant City Engineer
APP VED B
C
Bert J. V skovich
Director of Public Works
C-2