80-002 C Electrical Power Products Mann Station Main Panel Project 80-38Ob. 002-
CONTRACT
o2-
CONTRACT FOR ??7311 iC UORK
j
CJNT-RUCT node on July 16, 1980
by the CLTY OF CUPERTINO, a ,municipal corporation of the State
of California, hereinafter called the City., and L
Electrical Power Products'
hereinafter called the Contractor.
IT IS HE -&--BY ACR=D by the parties as f o llo*,rs
1.. Tne Contract Docu.^ents. 'sIe cocplete Contr?ct cor_-
sists of tae following contract documents: [
1. The plans and specifications entitled " Mann Station Main
Panel, Project 80-38".
2. Various bond and insurance requirements.. (]Letter of Credit)
3. Bid Proposal attached hereto as* "Exhibit A".
And and r,11 ab1i ations of the City e?ne.? ta`ie ConI.--'actor' are cull y
set forth and described tha-rein.
All of the above docu_m.er_ts dre intended to acop_r_te so
;:hat any work called for in one and not mentioned _n the other,
or vice 7?rsa, is to be executed the sc',.me as if mentioned 1:i all
cf said documents. The docume_^.ts co; Lrisir_o the ccrmplete con-
tract are so:set�:wes hereinafter refe.-ad to as the Contract Docu-
ments. In ::are of conflict between the Plans and SloeCif_zation
on the one hanz33 and this Contract on the other, the Pians and
SDecif_cations shall mrevaiZ.
2. Tho Work. Me Contractor a,S s t `'
c urnish" a.11 cf
the tools, equipment, apnarat-us, facil-1ties, labor, transocrta-
tion, and matC—rival necessary to pez-form and comp'le:.e in a oOod
and ?rorkmna1.6 ^:?nrer, the work of
MANN STATION MAIN PANEL, PROJECT 80-38
as called. for, and in the manner desimated in, and in strict
conformity with, the Plans and Specifications prepared by the
folio .-Lng na:-ned person:
•,
Bert J. Viskovich, Director of Public Works
and adopted by the City,- which Plans and Specifications are en-
titled, respectively,
Mann Station Main Panel, Project 80-38
and which Plans and Specifications are identified by the signa-
tures of the parties to this Contract. It is understood =nd
agreed that said tools, equipment, apparatus, facilities, labor,
transportation, and material shall be furnished, and that sal d
work shall be performed and completed as required in said Plans
and Specifications under the sole direction and control of the
Contractor, but subject to the inspection and approval of the
City, or its representative. The City hereby designates as its
representative for the purpose of this Contract the following
named person:
Bert J. Viskovich, Director of Public Works
3. Contract Price. The City agrees to may., and the
Contractor agrees to accept, in full payment for the work above
areed to be done, the sum of.
Twelve -Thousand Twenty Dollars ($12, 020.00)
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 work omitted, or of any extra ,•rork. which the Contractor
may be required to do, or respecting the size of any payment to
the Contractor during the perfornarce of this contract, said
dispute shall be deterv.ned either by reference to the t,nit of
prices, if applicable, or in accordance :•rith the agreement of
the parties, or in accordance with the rules of the American
Arbitration Association if the parties. ars unable to agree.
5. Permits ; Cornnliance ori th Law. The Contractor shall,
at his expense, obtain all necessary permits and licenses, ease-
ments, etc.-, for the construction of the project, give al_ neces-
sary notices, pay all fees required by lwa, and comply ;•rith all
lags,ordinances , rules and regulations relating to the work
and to the preservation of the public health and safety.
6. Inspection by the City. The Contractor shall at
all times maintain prone: facilities ;-2-id provide safe access for
inspection by the City to all parts of the ':rork, and to the s1-Lcps
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:Therein the work is in preparation. Where the Specifications
require work to be specially tested or approved, it shall not
be tested or covered up trithout tizely notice to the City of
its readiness for inspection and without the approval thereof
or consent thereto by the latter. Should any such work be
covered up without such notice, approval, or consent, it must,
if required by the City, be uncovered for examination at the
Contractor's expense.
7. Extra or Additional Work and Chanzes. Should the
City at any time during the progress of the cork require any
alterations, deviations, adri , ons 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 valuat-ion
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 b;r resolution of its governing
body, and by all agencies. whose approval is required by law,
stating that the extra work or change is authori zea, and no
claire for an addition to the contract sun shall be va ld unless
s o orde r: d.
8. Charges to Meet Environmental Reouire-encs . The
City shall have the right to make changes in this Contract
during the course of construction to -bring the completed im-
provements into compliance with environ -,rental requirements or
standards established by state and federal statutes and regula-
tions after the Contract has been awarded or entered into. Th,e
Contractor shall be paid for by such chances ei ther by reference
to the unit prices, if applicable, or in accordance with the
agreement of the parties, or in accordance with the rules of U'
Ameri can Arbitration Association if the oarties are unable to
agree. '
9. Termination, Amendments or Modifications. This
Contract may be terminated, amended or modified, with the rn_utual
consent of the parties. The compensation payable, if any, for
such termination, amendment or modifications, shall be deter-
mined eith.ar by reference to the unit price, if applicable, or
in accordance ..rit'h the a reement of the parties, or in accordance
with the rules of the Arnerican Arbitration Association if the
parties are unable to agree.
10. Time for Comoleti on. All work under this Contract
shall be completed r
within Thirty (30) working days from the start of the Contract.
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If the Contractor shall be delayed in the ;;ork by the
acts or neglect of '-ha City, or its employees, or those under
it by contract or othernrise , 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-
tractors 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. Tarmination for Breach, etc. If the Contractor
should be adjudged a oanicrupt , or if ae would mace a general
assignment. for the benefit of his creditors, or if a r=ceiver
should be azloointed.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 serge written notice upon him and
his surety of its intention to terminate `hp Contract, s`.:crt
notice tc contain the reasons for such intention to ter.mi nate
the Contract, and, unless cti*ithi n ten days after servw.g of such
notice, such 'v'i clati On shall cease and satisfactory arrangements
for correction thereof be made, the Contract shall, upon the
expiration of said ten days, cease and ter.minate. In the event
of any such termination, `he City shall immediately serve written
notice thereof upon the surety and the Contractor, ,and the surety
shall have the ri get to take over and perform the Contract; pro-
vided, hat.-rever3 that, if the surety :fi�hin fifteen days after
the serving upon it of notice of termination does not sive the
City written notice of its intention to take over and per for:
the Contract, or does not corm.,ence perfor.-.a.nce thereof within
thirty days from the date of the serving of such notice, the
City may take over the work and prosecute the same to completion
by contract, or by any other method it may deem advisable, for
Con -
the account and at the ex -Dense o f 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, without liability for so doing, take possession of'..
and utilize in corroleting the work, such mat-erials, appliances,
plant and other property belonging to the Contractor as r.ay be
on the site of the work and necessary therefor.
13. The City is Rizht to Withhold Certain Amounts and
Make Annlicatio;? :hereof . In addition to the amount. a,!ticn rhe
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11. Inspection and Testi n.- -of-?'AL -a t e ri a I s
. The Con-
tractor
shall notify tae City a sufficient
tine in advance of
the
manufacture or production of materials
to be
supplied by
him
under this Contract, in order that the
City may
arrange-
rrangefor
for
mill or factory inspection and testing
of the
sa-tee, if the
Cita*
requests such notice from the Contractor.
12. Tarmination for Breach, etc. If the Contractor
should be adjudged a oanicrupt , or if ae would mace a general
assignment. for the benefit of his creditors, or if a r=ceiver
should be azloointed.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 serge written notice upon him and
his surety of its intention to terminate `hp Contract, s`.:crt
notice tc contain the reasons for such intention to ter.mi nate
the Contract, and, unless cti*ithi n ten days after servw.g of such
notice, such 'v'i clati On shall cease and satisfactory arrangements
for correction thereof be made, the Contract shall, upon the
expiration of said ten days, cease and ter.minate. In the event
of any such termination, `he City shall immediately serve written
notice thereof upon the surety and the Contractor, ,and the surety
shall have the ri get to take over and perform the Contract; pro-
vided, hat.-rever3 that, if the surety :fi�hin fifteen days after
the serving upon it of notice of termination does not sive the
City written notice of its intention to take over and per for:
the Contract, or does not corm.,ence perfor.-.a.nce thereof within
thirty days from the date of the serving of such notice, the
City may take over the work and prosecute the same to completion
by contract, or by any other method it may deem advisable, for
Con -
the account and at the ex -Dense o f 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, without liability for so doing, take possession of'..
and utilize in corroleting the work, such mat-erials, appliances,
plant and other property belonging to the Contractor as r.ay be
on the site of the work and necessary therefor.
13. The City is Rizht to Withhold Certain Amounts and
Make Annlicatio;? :hereof . In addition to the amount. a,!ticn rhe
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City .may retain under ?aragraph 21 of this Contract until tine
final compietion and acceptance of all work covered by the Con-
tract, the Cic.y may withhold from payment to the Contractor
such an amount or amounts as in its judo ent may be necessary
to pay just claims against the Contractor or any subcontractors
for labor and services rendered and materials furnished in and
about the :•ror=:. 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 faith. Such payment may be made without
prior j udicial determination of the claim or claims.
14. Notice and Service Thereof. Any notice from one
party to the other under. the Contract snail be in writirg, and
shall be dated and signed either by the' party gi ving such notice,
or by a duly authorized representative of such mart-. 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 Xana-
ger of the City, or by depositing tl e 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 delivery thereof to the Contrac-
tor, or to his duly authorized remresentative at the s to of the
project, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to said Contractor at
436 Robert Avenue
Santa Clara, CA 95050
postage prepaid and certified; and (c) if the notice is given to
the surety or any other person, either by personal delivery to
such surety or other person, or by depositing the same in the
United States mails, enclosed in a sealed envelope, addressed
to such surety or person, as the case m;.ay be, at the address of
such surety or person last communicated by him to the party
giving the notice, postage prepaid and certified.
15. Assignment of Contract. Neither the Contract ,
nor any part thereof , nor moneys due or to become due thereunder,
may be assigned by the Contractor without the prior written ap-
proval of the City.
16. Compliance with Specifications of Materials. When-
ever in the Specifications, any material or process is indi cated
or specified by patent or proprietary name, or by name of manu-
facturer, such Specifications ;rust be met by Contractor, unless
the City agrees in Smiting to some other material, process or
article offered by Contractor which is equal in all respects to
the one specified.
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•
17. Contract Seturity. The Contractor shall furnish
a surety bond in an amount at least equal to one hundred per -
cant (100,5) of the contract price as security for the faithful
perform. nce _of this Contract. The Contractor shall also furnis:�
a separate s=rety bond in an amourrt at least equal to cna-hu'.
percent (iOCO,$) of the contract price as security for the payment
of all persons for furnishing materials, provisions, 7rOveride r,
or other supplies, used in, upon, for or about the Derforrance
of the wor'_. contracted to be done, or for perfo_.� 'ng any wore
or labor thereon of any kind, and for the payment. of amounts
due under the Unemploym.ant Insurance Code ►lith respect to such
worst or labor in connection yrith this Contract, and for the pay-
Wnt 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 rot core enc-- ,-rork
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 ,-rork or. his subcontract until all similar lar insur2.71ce 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 t..e Contractor pursuant to this Contract and particularly
'Yaraoraph 19 hereof. Any policy of insurance required of the
Contractor under this Contract shall also contain an endorsement
Drovidina. that thirty' (30) days' notice must be giver_ in errs ti ng
to the City of any pending charge i
ifi can the 1_:zit s of liability or
of any cancellation or modification of the policy.
(a) Workmen's Ccrmer_sation Insurance and Em-
ployer's Li ability Insurance . The Contractor shall cake out
and maintain during the lite of this Contract .-Forkmen'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 :pork is sublet, the Contractor shall require the subcontrac-
tor sirrdlarly to provide' Workmen's Commensati on Insurance and
Employer's Liability Insurance for all of the latter's employees
unless such a=loyees are covered by the protection afford:d by
the Contractor.
In signing this Contract the Contractor makes the fol-
lowing certification, required by Section 1801 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 ik; liability for
workmeh's compensation or to undertake self-
insurance in accordance tri th the provisions of
the code, and I will comply with such provisions
IM
before commencing the performance of the wort
of this contract . 11
(b) Liability Insurance. {,The Contractol
r shal
ta.Ce out ana maintain during the lire of this Contract such
Bodily Injury Liabili.y and Property Damage Liability Insurance
as shall n=otect him and any subcontractor perforr,-,ing work. cov-
ered by this Contract from claims for damages for bodily injury,
-including. accidental death, as well as :from clai^:.s for property
damage, including th_rd-party property dau-iage, to include cov-
erage on property in the care, custody and control of the Con-
tractor, and also in 'cluding what are commonly known as the 11X,
C, and J" 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 emaployed by either of them and the amounts of such in-
surance shall be as follows:
L
Bodily Injury Liability Insurance in an amount
not less than $ 300,000.00 for injuries, L
including accidental death, to any one person,
and, subject to the same limit for each person, L
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 tyle 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.
(c) Fire Insurance. The shall
take out and maintain- for the benefit of both partias two-- this
Contract--insurance covering loss by fire, extended coverage en-
dorsement perils (windstorm, hail, explosion,, -riot, riot attending
a strike, civil commot-ion, aircraft , .-vehicles,, smoke) , and van-
dalism and malicious mis chie-f,4 upon the entire structure on whi ch
the work of this Contract - .1 'be done to one hundred percent
(100`') of the insurable- value thereof: --Proper evidence of such
insurance shall be furnished to the If the
City provides the fire insurance hereunder, and the Contractor
desires broader ;protection than the perils of loss by fi-re . ex-
tended coverage endorsement perils, and vandalism and malicious
e Supply in or ex, as the case may be, in the blah::.
—7—
mischief, the City will attempt to obtain such broader protection
and the Contractor agrees to pay any additional cost for such
broader protection.
19. Hold Harmless. The Contractor .-ri11 save, keep, and
hold harmless the City and all officers, -employees, and age:lt s
thereof from all dana�ss, costs, or expenses, in la•.,r or in equity,
that may at any time arise or be set- up because of personal in-
jury or dar..aae. to property sustained by any person or persons by
reason of, or in the course of the performance cf said erori,- or
by reason of any infringement or alleged infringe�zent of the
patent rights of any person or persons, fir*- 0.1 corporation n
consequence of the use in, oz, or about said ;•;ori:, of any article
or material supplied or installed under this Contract. 140t:,ri th-
stand_ng- the above, the Contractor shall wherever it is. necessary
keep and maintain at his sole cost and expense during the course
of his o_oerat:ons under this Contract such warnings, si gns, and
barri_rs as may be required to protect the public. The p- ovisions
of the preceding sentence shall not impose any Iiabili ty upon
the City and are for the e=ress benefit of the general public.
20. - Hours of .Tork. Eight hours of labor durinc- any
one calendar day And forty hours of labor durin.g any one calendar
vreek shall constitute the maximum hours of servi ce upon all rork
done hereunder, and it is expressly, stipulated that no laborer,
workman, or -,iachani. c e = toyed at any time by the Contractor or
by any subcontractor or subcontractors under rbi s Contract, pnn
the ,.ork or upon any part of the rrork contemplated by this Con-
tract, shall be required or per^.=tted to work thereon more than
eight hours durin- any one calendar day- and forty hours during
any one calendar week, except , as provided by Section 1315 of
the Labor Code of the State of California, work performed by
employees of contractors in excess of eight hours der day and
forty hours during- any one geek shall be permitted upon public
work upon compensation for all hours irked 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 vi olation.of Sections 1811-1815, inclusive, -of the
Labor Code of the State of California, all the provi siors ,.there-
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, .,iorkman, 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 per^.itted to work more than
eight, hours in any one calendar day and forty hours in any one
calendar week in violation of the provisions of said Sections of
the Labor Code.
The Contractor, and each subcontractor, shall keep an
accurate record sho,-ring the names of and actual hours worked
each calendar day and each calender week by all laborers, Work -
ME
men, and mechanics employed by hie in connection :rith the ..Pork
contemplated by this Contract, which record shall be open at
all reasonable hours to the inspection of the City or its offi-
cers or agents and to the Division of Labor Lair cnforce�ment of
the Depart mint of Industrial Relations of the State of California.
21. Waze Rates. Pursuant to the Labor Code a. the
State of California, or local laa thereto apolicable, the City
has ascertained the .general prevailing rate of per diem wages
and rates for holidays and overtire 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 execute
this Contract. The prevailing ;gages so determined are set fortcz •
in the Specifications and made a part hereof. Neither the notice
inviting bids nor this Contract shall constitute a representation
of fact as to the prevailing wage rates upon tirhicn the Contractor
or any subcontractor under him may base airy 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 execs: tion. of the Contract It is further expressly stf
pulated that the Contractor shall, as a penalty to the City,
forfait twenty -Five dollars ($25.00) for each calendar day, or
portion t.:ereaf, for each laborer, workman., or mechanic paid less
than the. stipulated prevailing rates for any tacrY: 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, supervisory,
administrative, clerical, or other non -manual eoricars as such)..
for which no r►ini rrulm wa -e rate is herzin specified; :he Contrac-
tor shall immediately notify the City, who ;rill pro_.,ptly there-
after determine the prevailinj rate for such additional trade
or occupation and shall -furnish the Contractor .-rith the minir�:urm
rate based thereon. .The minimu.-,i rate thus furnished shall be
applicable as ar..inimum. for such trade or occupation =ror:, the
time of the initial employr,.ent of the person affected and during
the continuance of such employment .
2c. Accident Prevention. Precaution shall be exer-
cised at all times for the protection of persons (including em-
ployees) and property. The safety provisicns of applicable laws,
building and construction codes shall be observed. 1.1achinery,
equipment, and other hazards shall be guarded or eliminated in
accordance ai th -the safety provisions of the Construction Safety
Orders issued by -the Industrial Accident Commission of the State
of California.
M
23. Payment. Not later than the 15th day of each.
calendar month, the City .+rill wake partial payment to the Con-
tractor on the basis of a duly 'certified approval zsti-:ate of
the work per-for=d and materials incorporated in the project,
A the preceding calendar month, by the Contractor, but the
City will retain ten percent ( lo% °) of the
amount of each of said estimates until the expiration of thi_ty-
five(35) d=ays from the date of recording by the City of notice
of acceptance of co=pletion of all work covered by this Contract,
if such notice be recorded within ten days after the acceptance
o•f co=letion of such Contract as evidences by resolution of
its governing body; or, if such notice be not so recorded within
ten days, until the expiration of ninety-five (95) days after
the acceptance of completion of such work of improvement as evi-
denced by resolution of its governing body, at uhich time and
not before, the City shall pay to the Contractor the :,chole of
the remaining tenpercent ( to °') of said contract
price so held back as provided; said certificates to be furnished
by and o`btai ned from- the City's representative stating that _h
payment or installment is due upon the basis of work co^ipleLed
and the amount then due and the City' s representative shall, be-
fore the 15th of each month, deliver said certificates Lunder
his hand to the City, or in lieu of such certificates, shall de-
liver to the Contractor, in writing, under, his hard, a just and
true reason for not iasuing the certificates, including a state-
rwnt of the -defects.-, if any, to be remedied, to entitle the
.I'd ...,,,� a c t a r ,.c t..a c i caC. a of cervifi czt,es . In evens os y :e
failure of the City's represen`ati ve to furnish and deliver said
certificates or any of them,, or in lieu thereof, the writing
a=oresaid, ait-hia ten (10) days after the times aforesai d, and
after written demand has been made upon him for the same, tha
Contractor may file demand with the City, and, in event said
certificat.-s are not furnished within ten (10) days thereafter,
the same shall become due and payable.
In case the City's representative delivers the srriting
aforesaid, in lieu of the certificates , then a compliance by t e
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 lair.
24. Protection of Pub lic Utilities . The City shall
be responsible, as between the parties to this Contract only, for
the removal, relocati on, or protection of existing public utili-
ties , if any, located on the site of construction, but only i�
such public utilities are not identified by the City in ;.he
Plans and 'Speci ficat ions made a ;part of. the invitation for bids.
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7ne City shall compensate the Contract -or for costs incurred in
relocating or repairing damage to utility facilities not indi-
cated in the Plans and Specifications, other than service lat-
erals schen ;he 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 bo es 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 Paragraph 27 below, 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 performin 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 writi..
25. Contractor's Responsibility for the Wort. The
Contractor shall not be responsible for the cost of repairing
or restoring damage to the work caused by an act of God. NEVE,R-
T�-iELESS, the Contractor shall, if the insurance premiu�;� is a
separate bid ite::, obtain the insurance to indemnify the City
for any da:�+age to the wort caused by an act of God. "Acts of
God" shall include only the following occurrences or conditions
and effects: earthquakes and tidal waves, when such occurrenc_s
or condit_ons and effects have been proclaimed a disaster or
st-ate of emergency by the Governor of the State of California
or by the President. of the United States, or ,•fere o=' a zaanitude
at the sit_- of the ar,-k sufficient to have caused a proclaa,�aticn
of disaster or state of emergency having occurred in a populated
area: Subject to the foregoing, the _City shall not, in any way
or manner, be answerable or suffer loss, damage, expense or
liability for any loss or damage that may happen to said 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 Sesser quality is expressly
authorized in the. Plans and Specifications, in :which event the
Contractor unqualifiedly guarantees such lesser quality; .and
that the work as performed by the Contractor will conform with
the Plans and Spe ci fi cations or any r:ritten authorized detriations
therefrom. In case of any defect in work, materials, apparatus
or equipment, whether latent or patent ; revealed to the City
within one (1) year of the date of acceptance of completion of
this Contract by the City, the Contractor will forthwith remedy
such defect or defects without cost to the City.
27. Liquidated Damages. Time shall be of the essence
of this Contract If the Contractor fails to complete, within
-11-
the time fixed for such completion, the aork her-ainbefore men-
tioned and described and :hereby contracted to be done and ner-
formed, he shall become liable to the City for liquidated dam-
ages in the sum of Fifty and no/100
dollars (1?* '50.00 ) , for each and every day during which
said work shall remain uncompleted beyond such time for co=le-
tion or unlawful extension thereof, which sum shall be presumed
to be the am-ount of damage thereby sustained by the City since
it would be ir:.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 Contractor hereunder,
or his assigns and successors at the time of cop. letion, and
the Contractor hereunder, or his assigns and successors at the
time of cc=letion, and his sureties shall be liable to the
City for any excess
2$. Additional Provisions.
Ii1 WITNESS WHEREOF, the parties have executed this
Contract, is duplicate, the day ar,3 year first aereizabo ate
written.
APPROVED AS TO FORM: CITY OF CUPERTINO, a nnunicipal
corporation of file State of
California, here,in called
the City
City Attorn:y
BY
ATTEST:
City Clerk
Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary acknowledgment
required.
W
erein-jaa'Lled Contractor
By
vC� �s
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CI ARA )
On 19 , before me, the undersigned, a
Notary ?ublic 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.
W1=6 ESS my hand and off icial seal.
Notary Public in and for the County
of. Santa Clara, State of Calif orria
CORPORATION ACK:T-7LZDG7-=.
ST-kTE OF CAL 0=11A )
ss.
COT-RUY OF ..AY, "LA CLAA)
Onyy Y -3 I9d before me, the undersigned, a Notary
Public in and '_or the said State, personally appeared
.s
L) known to me to
be she �%C�.�'�/ J r�_lN `l`�
of �csC %l CP-/_r�� 1 J E%L- PX) 0 D th
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 WIMYESS .-TMUOF, 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.
9
OFFICIAL SEAL
4 D. BITTNER
NOTARY PU31-IC - CALIFORNIA
SANTA CLARA COUNTY
rAly commission expires June 15, 1984
0-2LLZL��.
Notary Public in and for the County
of Santa Clara, State of California
i
CITY OF CUPERTINO
PROPOSAL PUBLIC WORKS
MANN STATION MAIN PANEL
JUN 0 91980
PROJECT 80-38�
F/' 'i "C 4 'PC w -G -
TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA:
Dear Sir:
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 accord-
ance with the specifications or plans.
The work is to provide a complete main panel with all specified switches
conductors, and appurtent items.
A bid bond in the amount of 5% of the amount of bid is required.
The City Council reserves the right to reject any or all bids.
ESTIMATED
BID QUANTITY
ITEM UNIT ITEM
1. Lump Sum Provide a complete main
panel for Twelve Thousand
k Twenty & no/71--00
1/4
UNIT
PRICE
TOTAL
#12,020.00 /L.S. $12,020.00
Ea��stiT a
t 1311] DOCUMENTS, continued !
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, the undersigned
submits the following statements as to his experience and to his qualifica-
tions as a part of this proposal, and the truthfulness and accuracy of the
information is hereby guaranteed.
(1) How many years has your organization been in busiress under its
present name? Five
(2) How many years'experience in work comparable with that required
under the proposed contract has your organization had by this or
any other name? Ten Years
(3) Contractor's License No. NSA State of California,
Classification _Manufacturer
(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
19BD. Ground system pillar point. Hali'Moon Bay, Navy $ 15,000
1g8O Guernevville Wastewater Treatment Plant $ 77,000
1980 5000gVA, 15KV, Substation, Sydin Systems $ 66,348
1979 Bureau of Reclamation Parker -Davis Substations ;144,000
1976 1000KVA, 15KV Substation, Lockheed $ 37,802
PROPOSAL Page 2/4
1 r
A. BID DOCU.IMITS, continued
BIDDER OUALIFICATION FORM
In further compliance with the specifications furnished, the undersigned
submits the following statements as to his exper;.ence and to his qualifica-.
tions as a part of this proposal, and the truthfulness and accuracy of the
information is hereby guaranteed.
(1) How many years has your organization been in business under its
present name? 3 it,W s
(2) How many years'experience in work comparable with that required
under the proposed contract has your organization had by this or
any other name? 4 ecl%"
(3) Contractor's License No. v?S8 � � � State of Ca forma,
Classification e-- - %
(4) List worst similar in character to that required in the proposed
contract which your organization or personnel in your organization
I
as completed within the past three years.
Year Class. Location of [fork and for Whom Performed Contract Amount
Ile
Z �aN.0 4c T ii C y� Ca-v�R ee-S Z -V C-•(- it i rte
-,-elziy1J, continued
IF YOU ARE AN IAIDIVIDUAL, SO STATE, IF YOU ARE A FIRM OR CO -PARTNERSHIP,
STATE THE FIRM NAME AND LIST -THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND :XA.NAGER. THE CORPORATE
SEAL MUST BE AFFIXED.
TYPE OF BUSIYESS: Individual
Co -Partnership
Corporation Electrical Power Products
Joint Venture
Other
(describe)
Addenda Recei .-d .
1 2 3 4 5
President/'Manager: Peter Aguilar
Secretary: gen Silva
Treasurers Charles Dutrieuz
NAME AND
SIGNATURE OF BIDDER:
pe�.quilar, Prazident
436 Robert Avenue
Santa Clara CA 0 0
� Gress
Provosal Page 4/4 r