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80-002 D Electro-Motion, Inc. Mann Station Generator Project 80-38&"S . co 2 2 ..A CONTRACT P0R, PU Ir1C UC?RK CONT r;CT ..:=de on July 29, 1-980 ,-7 I— by the C= OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the Cit; , and L; Electro -Motion, Incorporated hereinafter called the Contractor. IT IS uLREEBY ACRS. D by the parties as follows 1r Contract Documents . The complete Cor_tr;z.ct cor_- sists of the following contract doc=ents 1. The specifications entitled "Mann Station Generator, Project 80-38".' 2. Various bond and insurance requirements. 3. Bid -Proposal attached hereto as "Exhibit A". Any -Ln,--' all obligatinns of the C=tY and the Contractcr are ruZly set forth and described therein. All of the above dcc=er_ts are intended tC cooperat-e so that any worlk. called for i12 one and not Bien%ioned in t1he o# -her or vice 'rersa, is to be executed the sam.,e as if mentioned i:l all C, said document -s. The doc=ents co*. Lrisir_g the co=l_tz con- tract are somet_wes hereinafter referred to as the Contract Doc.:- ments. In Ca;e of conflict between the Plans and Spec? fi.zat"_oris on the one hand, and this Contract Cn , Other, the Plans and Soecif_cat ions shall iorevail. 2. Tho Wcrk. Mae Contractor agrees tc furnish" all of the tools , ea went , .°.LZ}a3 at'.:S .6 Cil.6 - � -- . t� 3?iSDOrW tion, and IP.c: -ria1 necessa:"j7 to oerform. and Cor^vl.ete in a, Vood and waric uanl_1Ce m.anrer, the work of Mann Station Generator, Project 80-38 11 as called. for, and in the manner designated, in, and in strict conforr..ity :rich, the Plans and Specifications prepared by the following na.-ned person: Bert J. Viskovich, Director of'Public Works and adooted by the City, which Plans and Specifications are en— titled respectively, Mann Station Generator, Project 80-38 and t ich Plans and Specifications are identified by the signa— tures of the parties to this Contract. It is understood and agreed that Said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said 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 ref the City, or its representative. The City hereby desio mates as its representative for the purpose o. this Contract the fallowing named person: Bert J. Viskovich, Director of Pmblic Works 3. Contract Price. The City agrees to pay , and the Contractor agrees tc accept, in full payment for the work ab o,,7- agreed to be done, the sum of. Thirty -Five Thousand Eight Hundred Sixty -Four Dollars ($35,864.00) subject to additions and deductions as provided in th3 Centrzct Documents. 4. Disputes Perta.inin g to Payment for Work. Should any dispute arise respecting the true value of any wo-^k done, of any work o,dtted, 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 perrormanca of this contract, said dispute shall be deter=Lined either by reference to the =nit 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. Perrits -,Compliance with Law. The Contractor shall, at his expense, obtain all necessary per=its and licenses, ease— ments, etc. , for the construction of the project, give a1= neces— sary notices, pay all fees required by la:r, and comply with all laws, ordinances , rules and regulations relating 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 proper. facilities a -:d provide safe access for inspection by the City to all parts of the :rock, and to the sl-ops.1 —2— wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up wit::out timely 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 exa.,nination at the Contractor's expense. 7. Extra or Additional 'Mork and Chan?es. 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 Docu:,-,ents , it shall have the right to do so, and the same shall in no way affect orHake 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 t:ze agreement, of the parties , or in accordance with the rules of the American Arbitration Assocation if the parties are unable to agree. No extra :•Toric 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 Ia-vi stat -".ng that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so orderad. 8. Changes to Meet Environ -ental Requirements. The City shall have the right to make chanrges 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 maid 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 t. American Arbitration Association if the parties are unable to agree. 9. Termination, Amendments or Modifications. This Contract nay 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 .-iith 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 Comoletion. shall be completed before July 30, 1980. —3— All work under this Contract F If the Contractor shall be delayed in the work by the acts or neglect of t -he city, or its er?"Ployees, or those under it by contract or othenfise, or by changes ordered in the work, or by strives, 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 City, or by any cause which the City shall determine justifies the delay, then the time of co=letion shall be extended accordingly. This paragraph does not exclude the recovery of dam- ages for delay by either party under other provisions in the Contract Documents. 11. Inspection and Testing- of r'1ater_als . The Con- tractor shall notify the City a sufficJ_ent time in advance of the manufacture or production of materials to be supplied by him under this Contract , in order that the City may arrange for mill or factory inspection and testing of the sarue, if. the City requests such notice from the Contractor. 12. Tar:�nation "or Breach, etc. If the Contractor should be adjudged a 'ban_cruut, 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 sub contractors should violate any of the provisions of the .Contract, the City may serve ;mitten notice upon _dim and his surety of its intention to ter-minate `.hP Contract notice to contain the reasons for such intention to te=, ' nate the Contract, and, ¢nless within ten days after se-- of such notice, such Y -i clarion shall cease and satisfactor�� arrance:ments for correction thereof be made, t:�e Contract shall, upon the expiration of said ten days, cease and ter�;: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 rig it to take over and perform the Contract; pro- vided, ho1,rever, that, if the surety ;•rithin fifteen days after the serving upcn it of notice of termination does nct give the City written notice of its intention to take over and per the Contract, or does not commence nerfoA.--,_=nce thereof alit:':i n thirty days from the date of the serving of such notice, the City may take over the work and prosecute the same to co:z+2letien 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., ritzout liability for so. doing, take possession of, and utilize in ccrmleting the work, such materials, appliances, plant and ether property belonging to the Contractcr as ray be on the site of the :aorti and necessary therefor. 13. The Cityls Rizht to Withhold Certain Allmounts and Mace ADDlication =hereof. In addition to the aLilount. t: !71 C:1 cine —4— City may retain under Paragraph 21 of this Contract until the final completion and acceptance of all work 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 pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in ana about the :-tors... The City may apply such withheld amount or amounts to "Che 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 pay-zent made under the Contract by the City to *ths 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 judicial 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 uriting, and small be dated and signed either by the' party giving ving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose cr•.^.atsoever unless served in the follovd ng manner: (a) if the notice is given to the City, either by personal delivery thereof to the City i,Tana- ger of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and 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 o" the pro j ect , or by depositing the same in the United States mails , enclosed in a sealed envelope, addressed to said Contractor at 2466 Bay Road Redwood City, CA 94063 postage prepaid and certified; and (c) if the notice is liven to the surety or any other person, either by personal delivery to such surety or other perscn, or by depositing the sarre 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 lascommunicated by him to the party giving the notice, postage ge prepaid and certified. 15. Assignment of Contract. Neither the Contract, nor any part thereof, nor moneys due or to becorue due thereu;nd=r, may be assigned by the Contractor without the prior written ap- proval of the City. 16. Comtoliance with Specifications of Materials. When- ever in the Specifications, any material or process. is indicated or specified by patent or proprietary name, or by name of manu- facturer, such Sloe cificat ions 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. -5- F I 17. Contract Security,. The Contractor shall furnisz a surety bond in an azcunt at least equal to one hundred per— a'= (100 ) of the contract price as security for the fai:hfal perfor- nce ,of this Contract. The Contractor shall also furnis a separate surety bond in an amo,.,nt at least equal to ona - hundr=d percent (10C%) of the contract price as security for the payrent of all persons for furnishing materials, provisions, pro�terzder, or other supplies, used in, upon, for or about the perforrance of the work contracted to be doze, or for perfo 'rg any ror�c or labor thereor_ of any kind, anti for the payment of amounts due under the Une=lofraant Insurance Code '\rith. respect to suc,-, work or labor in connecticn '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 ,�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 :•lor,k- or. hZS 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 contractural liability endorsement extending' the Con- tractor's coverage to include the contractual liabili ty assu^zed by t:.e Contractor pursuant to this Contract and Particularly J Yaraoraph 19 hereof. Any policy of insurance required of the Contractor under this Contract shall also contain an endorsement providing that thirty' (�0) days' notice must be jiver_ in ;•:ri tines to the City of any pending change in the li.nits of li ability or of any cancellation or modification of the policy. (a) Wor'cmen's Co=ensation Insurance and 'Em - plover's Liabil_ty insurar_ce . T:ze Contractor sha± 1 take out and maintain during- the life of this Contract Workmen's Compen- sation Insurance and E=loyer's Liability Insurance for all. of his employees employed at the site of the. project and, in case any work is sub' -et, the Contractor shall require the subcontrac- tor similarly to pro vide• Workmen's Compensation Insurance n Employer's Liability Insurance for all of the latter's employees unless such *employees are covered by the protection of fcrd_d by the Contractor. In signing this Contract the Contractor makes the fol- lowing certification, required by Section 18051 of the Labor Code: �I am aware of- the provislons of Section 3700 of the Labor Code which require every em- ployer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance c:ith the provisions of the code, and I will comply with such provisions -6- before commencing the performance of the work of this contract." (b) Liabilitv Insurance. The Ooontracto.r shall 44 ta�;e out and .maintain during tine life of this Contract such Bodily Injury Li ability and Property Damage Liability Insurance as shall protect him and any subcontractor perforcing' 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 4cluding th_rd-party property daiage, to include cov- erage on property in the care, custody and control of the Con- tractor, and also inicluding what are cam►-aonly known as the "X, C. and U" exclusions (raving 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, L 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 Da:;.age Liability Insurance in an amount not less than $ 200,000.00 0 The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, uhich 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 tele 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 L --take out and maintain- for the benefit of both partiF�s-tor thi s ^ ` , L covering o rage Contr�e,�...ainsurance cov,._in. loss by fire, exte.nd..� cove_ ag en- dorsementp moils (windstorm, hail, exnlo.s•iffn, riot, riot attending a strike, civil cotnmo on, aircraft_,-l-venicles, smoke) , and van- dalism and malicious mi. s'ch`i.e f_-_uo_dh the entire structure or. ahi ch the work of this Contract_-rs„ ta-he done to one hundred percent (100 1d"J) of the ins urab-l.V: value thero-f�..Proper evidence of such insurance shall--bre--f urnished to the '�-- If the City provides --the fire insurance hereunder, and_t-he_.Contracter des izes' broader protection than the perils of loss b�'f=re_, t, t ded coverage endorsement perils, and vandalism and malicious 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 will save, keep, and hold harness the City and all offlcers, employees, and agents thereof fron, all damages, costs, or expenses, in law or in equ_ty, that may at, any time arise or be set' up because of personal in- jury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said :•cork, or � by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in, on, or about said T•ror�:, of any article or material supplied or installed under this Contract. 14otwJ h- 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 operations under this Contract such warnings, signs, and barriers as .may be required to protect the public. The p-rovisions of the preceding sentence shall not impose any liability upon the City and are for the e=ress benefit of the general public. 20. -Flours of Mork. 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 ;•rork done hereunder, and it is expressly• stipulated that no l aborer, workman, or machanic er. to -%,Ted at any time by the Contractor or by any subcontractor or suhcontractors under this Contract, upon the :;ark or upon any part of the work contemplated by this Con- tract, shall be rec i red or permitted to work 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, wor;c performed by employees of contractors in excess of eight hours per day and forty hours du_rinj any one creek 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 vio? a lion .of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions where- of are d_-emed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five Dollars ($25.00) for each laborer, T.,iorkman.1 or mechanic e=loyed 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 :•rork more than eio'rt 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 shoaing the nares of and actual hours worked each calendar day and each calendar week by all laborers, worn - IM men, and-echanics employed by him in connection with the ..ork 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 Lave Enforcement of the Deparf.mi_nt of industrial Relations of the State of California. 21. '.-[a 7e Rates . Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per there wages and rates for holidays and overtime 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 traces so deter;rined are set fort:z in the Specifications and ,rade a part hereof. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailiria, wage rates upon v-.hich the Contractor or any subcontractor under him may base any claim ag inst the 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, work -men, and mechanics employed in the exec -tion. 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 tiiereef, for each laborer, .-iorcman, or mechanic paid less than the. stipulated prevailing rates for any work done under this Cont.— .ct 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) , administrative, clerical, or other non -manual workers as such) for which no rain'*mur7 wa -e rate is herein specified, the Contrac- tor shall immediately notify the City, who '*:ill pro_--ptly thers- after determine the prevailinj rate for such additional trade or occupation and shall -furnish the Contractor With the minimum rate based thereon.' The minimum rate thus furnished s hall be applicable as a rri nimu.m for such trade or occupation f roma 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 er,- .ployces) and property. The safety provisions of applicable la;vs, building and construction codes shall be observed. 1.1achinery, equipment, and other hazards shall be guarded or eliminated in accordance ;•rith -the safety provisions of the Const ruction Safety Crde:�s 'issued by -the Industrial Accident Corr .issicn of the State of California. 23. Payment. Not later than the 15th day of each 1. calendar month, the City will make partial- payment to the Con- tractor on the basis of a duly -certified approval esti. -nate of the work per :)rm:d and :materials incorporated in the project, durinc, the preceding calendar month, by the Contractor, but the City will retain --ten-- percent (-10- j) of the amount of each of said estimates until the expiration of thirt-y- five (35) days from t:ie date of recording by the City of notice of acceptance of co=l=_tion of all work covered by this Contract , if such notice be recorded within ten days after the acceo_ Lance 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- dences by resolution of itz governing body, at which time and not before, the City shall pay to the Contractor the :thole of _ the remaining --ten-- percent ( _10- N) of said contract L price so held back as provided; said certificates to be furnishad by and obtained from the City's representative stating that tae payment or installment is due upon the basis of work completed and the amount then due and the City's representative shall, be- fore the 15th of each month, deliver said certificates under L his hand to the City, or in Iieu of such cartificates, shall de- liver to the Contractor, in writing, under his hand,a just and true reason for not issuing the certificates, including a state- raent of the defects.-, if any, to be remedied, to entitle the C.-retractor to t::e ccrtifi tate or certificates. In event of he failure of the City's representative to furnish and deliver said certificates or any of them,- or in lieu thereof, the writing aforesaid, aithin ten (10) days after the times aforesaid, an,d 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 :•rithin 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. 24. 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 or. the site of construction, but only if such public utilities are not identified by the City in :.he Plans and "Specifications made a part of. the invitation for bids. -10- Ine City shall compensate the Contract -or for costs incurred in relocating or repair -in; damage to utility facilities not indi- cated in t_ ?fans and Specificat ions , otaer than service lat- erals when the presence of such utilities on the constriction site can be inferred from the presence of such visible faclii= 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 belo.s, when such de- lay is caused by. the failure of the City, or of:z�r public utility, to provide for the removal or relocation of the existing utility facili ties . If the Contractor whi_e performi-n; the Contract dis- covers utility facilities not identified by the City in the Con- tract Plains and Specifications, the service laterals as herein- above described, he shall immediately notify the City in writing. 25. Contractor's Responsibi _itV for the cret. The Contractor shall not be responsible _or the cost of repairing or restoring dar.a�e to the work caused by an act of God. NEV R- 7HELESS, tate Contractor shall, if the insurance a" Tr um is a separate bid i tea., obtain the insurance to indemnify the CiV J for any da -,.age to the rork caused by an act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal ;raves, when such occurrences or conditions and effects have been nroclair..ed a disaster or state of emergency by the Governor of the State of California or by t112 Pr de ` of the U� `ed States, or ';era of a mmaan_tude 1 es�_..n�� �_i �.. at the site of the :rark sufficient to have c a u Z a d a proclaraaticn of disaster or state of emergency having occurred in a populated a ea: Subject to the fore-oi nv, ph-- City shall not, in. any ;Jay or manner, be anszrerable or surfer loss, dam►age, expense or liability for any loss or damage that may happen to sail d 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 uncuali- fiedly guarantees tlis first-class quali ter of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor or supplier ': the project whLich is the subject of this Contract, unless a lesser quality is e:mressly authorized in the Plans and Speci ficat,ions, in ;,rhich event the Contractcr unqualifiedly guarantees such lesser quality; and that the work. as perfo=rmed by the Contractor will conform with- the iththe Plans and Specifications or any :-mitten authorized deviations therefrom. In case of any defect i .n work materials , apparatus or equipment , whether latent or pat_-nt ; revealed tc the Ci ;fir 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 aithcut cost to t:�e City. 27. Liquidated Dama?es. Timm shall be of the essence of this Contract. If the Contractor fails to ao=lete, within -11- the time fixed for such corpleti on, the :-cork hereinbefore men- tioned and described and hereby contracted to be done and Der - formed, he shall become liable to the City for liquidated dam- ages in t1he SUIM Of Fify and no/100 dollars ($ =50.00-- ) , for each and every day during which said work shall remain uncompleted beyond such time for comple- tion or unlawful extension thereof, which sum shall be presumned to be the amount of damage thereby sustained by the City since it crould be impracticable or extrerely 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 assi=ns and successors at the time of completion, and the Contractor hereunder, or his assigns and successors at the time of co:-zpletion, and his sureties stall be liable to the City for any excess. 28. Additional Provisions. —1 P_ Iii WITNESS UHEREOF , the parties have executed this Contract, in duplicate, the day ani year .first hereinabove written. AP PROVED AS TO y Atto R:4: CITY OF CUPERMNO,a �:ur.ici-a' corporation of State of By r B —May o r A'T'TES - Q. City Clark Notary acl=owledgment required. If a corporation, corporate seal. and corporate notary acknowledgment required. t:zA Califortia, herein called the City herei called Co:z� tactor By�/� Lz -13- STATE OF CALIFORNIA ) ss. COMM OF SANTA CLARA) On lgbefore me, the undersigned, Notary ?ubl"c ih' and for said State, personally appeared known to me to be the persons whose names are subscribed to the withia Instrument, and acknowledged to me that they executed the same. WI MSS my hand and official seal. a p e a a e e a ae a®erica®aa®eeo�anoeseea®ea®aea®®ea®o®®earaea�oae a,�; *� OFFICIAL SEAL THOMAS MICHAEL HOS9EN, JR. -- NOTARY PUBLIC IC CTIA IN HE PRINCIPAL. OFFICE IN THE � Y o L COUNTY SANTA CLARA Notary Public is and for bile County Comm. Exp. Feb. 1, 1983 a®aaaueeeaeauuuaoeu�®ex�aouarlpsaswaaeaa��asanaaa t of. Santa Clara, State of Calif ornia CORPORATION ACcMTOT-7LIDGM=— , STATE OF C'A LM ORNIA ) ss. COUNTY OF ZETA CLARA) On 19,)4 , before me, the undersigned, a notary Public i` and':cr 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 same. IN WITNESS IMEREOF, 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. �ap®n®eaocnla,.: . � I,ldn:ara ,J'Ao \HE e�lJNi�4 ., OF SAN, fLARAA m - + ..,,�•. .;L!':I.I LLrP1 I i , i'Ilq ilil::il� - 11 aG:3,lipaaaa8�? G�t _ Notary Public in and for the County of Santa Clara, State of Calif oraia v 1 ' PRD--POSAL MANN STATION GEiIERATOR PROJECT 80-38 TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA. Dear Sir: 0 In. compliance with the specifications for the Project 80-38, I the under- signed, hereby declare that I have read the proposal requirements and hereby propose to do all work required to provide the equipment in accordance with industry standards and these specifications. The work is providing an emergency generator to power a City water utility Pumping station. A bid bond in the amount of 5% of the amount bid is required. The City Council reserves the right to accept or reject any or all bids and to determine which of the alternates to accept. ES MLAXED SID QUANTITY ITEM L1_ ITEM TOTAL 1' L.S. Provide a new generator set complete for ?b12'rY T,.,, o 71;1 ou SANG -4- u,V pe r ip 00 Dollars/L.S 3586:' o ALTERNATE A. L.S. Provide an used ge erator set complete for Ard Alternate Dollars/L.S. iiata Required: Manufacturer: tlodel: AE PROPOSAL 1/6 ' . A. BID DOCUi4ElyTS, 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 business under its present name? (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? * (3) Contractor's License No. State of California, C lass if ica tion (4) List worst similar in character to that required in the proposed contract which your organization or personnel in your organization has completed within the past three pears. Year Class, Location of Work and for Whom Performed Contract Amount / 17 9 d - E,,, &--d .^- S err (Jn+iu e, -t. ( v o x- Ca 0. 8,M -ft ''r /1, 3 6 Z "= w ,, s,•- 4.eA%Ici: D44fric 8,.tol- sa I Cr T`t . , s, /� e► -t. -C � � ,t�tS �u£..� < < /� �lc� 2 7� g'y � ac / Y 7f �Y 7s i t! s-�A► t• &-7-V U e•t,tc" a 3 Y, 2s-0 77, o 79 •• •• �� ,,, o / e .•t� S{ao �. o y P,w o / e 3 G, M-0 I y , %7V•u.4 0#%k_4_.V9 Pia•• 40b ✓e �s 4( ie 7, 0 0 c �f 7P " l -r► w�N e • �Pe. o �.v,�� . J L,oe� ae4..�'+/.r �' 3 ti; 3 2 e `:' 6(0,3-,6 4,0,c, J .21,273 `-�V /11'7 DA,t,.a..• /4� Y ..-- N M Cow fr•v Ce-„Av- ?-444,•0'C-Y * Not a minimum requirement of this contract. nnnn^C4r Paan 1. fG BLD DO=fEPTTS, continued 1 yoEl ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO -PARTNERSHIP, TE THE FIRM NAME AND LIST -THE NAMES OF ALL INDIVIDUAL CO-PARTNERS �OI�OSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND MANYAGER. THE CORPORATE SEAL MUST BE AFFIgED. TYPE OF BUSINESS: Individual. Ca -Partnership Corporation C Q-+ /e-.vt a Joint Venture Other (describe) Date Addenda;�.:eived: 1 2 3 4 5 Proposal Page 6/6 NAME AND SIGNATURE OF BIDDER: Address RAV O w 0 otl , C. -f 3 mm