80-002 H Pittsburgh - Des Moines Steel Co. Mann Tank #1 Project 80-38CONTRACT FCR PUSL7C Un -R -K
February 22, 1980 L
by the CITY CF Cry? rT_i;U, a r unicip_l corporation of the State
of California,i:�rei.^.�f:�r cLall;ed the C_ty, and
Pittsburgh -De Moines Steel Company
hereinafter called. the Cont=ractor.
IT IS ERr BY ACr=D by the parties as follows:
1
The Contras . Lc,itur:e:i`s
The.
complete
co,
silts of the
'foliowi�'Ig contract docuzqents :
A.
Specifications entitled "Mann
Tank No.
1, Project
80-38"
B. Proposal entitled "Mann Tank No. 1, Project 80-38" dated 1/17/80,
Exhibit A
C. Change Order No. 1 dated 1/21/80, Exhibit B
D. Various bond and insurance requirements
.^^_;� 2rc sll obligai:ions o£ rho C_t�r - the Contractor are feu .y
set forth anti described therei:l.
All of t.; -.,e above document s are intended to cooperate
that any .%rcrk tailed fcr--
in one atici nom wertioned_in the othEr,
A-
-or vice versa, is to be exec n ed the sane as if mentioned _n all
of said docun-:=nt_-. documentz .^•'y:T.Iprisi_^.j I.. -e coy=1o'_? Z -Icn-
tract. are -some tim-es he reir.af te r ref err: d to as the Cont rat t Do c;;-
ment.s. L, Ca.Se Of confli:t *oezween the ?Iw.s and Jpecifica ticr.a
on the one Nand . a; -.d tris Contract on tat cuher, the Pla.r,s and
Specifica:.{or_r shall pry. l•
?.. The 'Jori~. T -he rrintracter agrees to fu,:zi: h al= cf
the tools, egUJ"Omerzt, appara -US, f=acilities, labor, transporta-
tion, and m-nt-er_al ^ec_ssar; to perfc.L= and e0=1-te in a good
and winner, the work of
Provide and install one each AWWA Water Tank in
accordance with project specifications and
standards.
as called. for, and in the manner designated in, and in strict
confor.- •frith, the Plans and Soecifications prepared by the
follonino named person:
Bert -J. Viskovich, Director of Public Works
and adooted by the City, which Plans and Specifications are en-
titled, respectively,
Mann Station No. 1, Project 80-38
and which 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 gnat 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 of the
City, or its representative. The City hereby designates as its
representative for the purpose of this Contract the z"olio;ring
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
a;r•eed to be done, the sum of.
Seventy-nine Thousand, Three Hundred Ninety Dollars ($79,390)
subject to additions and deductions as provided in the Contract
Documents.
4. Disputes Perbafning, to Payment for Work. Should
any dispute arise respecting the true value of any wor'� done,
of any work omi fled, or of any extra cork. 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 deter -tined either by reference to tha ,wni t of
prices,. if applicable, or in accordance with the agreement of
the parties, or in accordance r:ith the rules of the American
Arbitration Association if the parties are unable to agree.
5. Permits; Compliance ;ith raw. The Contractor shall,
at his expense, obtain all. necessar,r permits and licenses, ease—
ments, etc. , for the construction of the project, give all neces—
sary notices, pay all fees required by law, and comply ;•rith all
lads, ordinances, rules and regulati ons relating, to the .cork
and to the nreser•J _tion of the public health and safety.
6. InsSzction by the City. The Contractor s;iall `t
all times maintain DrOpe: facilities and provide safe access -cr
inspection by the City to all parts of tie work, and to the sl -:cos
-2-
:vherein the work is in preparation. Where the Soecificationz
require work to be specially tested or approved, it shall not
be tested or covered up without timely notice to the City of
its readiness for inspection and without the approval thereof
or consent hereto 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 Changes. Should the
City at any time during the progress of the ..iork require any
alterations, deviations, additions or omissions from the Speci-
fications, or Plans or other Contract Documents, it shall have
the right to do so, and the same shall in no way affect or make
void the contract, but the cost or value thereof will be added
to, or deducted from, the amount of the contract price, as the
case may be, by a fair and reasonable valuation, which valuation
shall be determined either by reference. to the unit prices, if
applicable, or in accordance with tine agreement of the parties ,
or in accordance with the rules of the American Arbitration
Assocation if the parties are unable to agree. No extra work
shall be performed or change be made except by a written order
from the City, duly authorized by resolution of its governing
body, and by all agencies whose approval is reauired by lair,
stating that the extra wort or change is authorized, and no
claim for an addition to the contract sum shall be valid unless
so order --d.
8. Changes to Meat Environmental Reouire,:ents . The
a
City shall have the right to mce changes in this Contract
during the course of construction to -bring the completed im-
provements into compliance with environmental requirements or
standards -established by state and federal statutes and regula-
tions after the Contract has been a.Jarded or entered into. The
Contractor shall be paid for by such changes ei tner by reference
to the unit prices, if applicable, or in accordance %-rith the
agreement of the parties, or in accordance T ith the rules of the
American Arbitration Association if the parties are unable to
agree.
.9. Termination, Amendment's or Modifications. This
Contract may be terminated, amended or modified., .•rith the mutual
consent of the parties. The compensation payable, if any, for
such termination, amendment or modifications, shall be deter-
mined eith--r by reference to the unit price, if applicable, or
in accordance ait'n 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. All ;•cork under this Contract
shall be completed
within 120 working days from the date herein.
— 3—
If the Contractor shall be delayed in the work by the
acts or neglact of t;ie City, or its employees, or those under
it by contract or other,,rise, or by changes ordered in the work,
or by strikes, lockouts by others, fire, unusual delay in trans-
portation, unavoidable casualties or any causes.beyond the Con-
tractor's control, or by delay authorized by the Ci tv, 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 for Breach, etc. If the Contractor
should be adjudged a bankrupt, or if he should ma_.e a general
assignment for the benefit of his creditors, or if a reeaiver
should be appointed.on account of his insolvency, or if he or
any of his subcontractors should violate anv of the provisions
of the Contract, the City may serve written notice upon :him and
his surety of its intention to terminate `hP Contract, Such
notice to contain the reasons for such intention to terminate
the Contract, and, t: -!less wit', ten days of ter serving' of such
notice, such violation shall cease and satisfactory arrangements
for correction thereof be made, the Contract shall, upon the
expiration of said ten days, cease and ter^i nate . In the event
of any such termination, the City shall immediately serve written
notice thereof upon the surety and the Contractor, -and the surety
shall have the ri c -ht to take over and perform the Contract; pro-
vided, however, that, if the surety within fifteen days after
the serving upon it of notice of termnation does not give the
City ;mitten notice of its intention to take over and per for-
the Contract, or does not comers-- cerformance thereof rrit.hin
thirty days from the da`e of the serving of such not_ce, the
City may take over the work, and prosecute the same to co-!pleti en
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, liability for so doing, take possession of,
and utilize in completing the work, such manterials, appliances,
plant and other property belonging to the Contractor as ruay be
on the site of the work and necessary therefor.
13. The Citv's Ri,'; t to Withhold Certa_n Amounts and
Make lool_Cat-ion "_hereoI' in addition to amoun-, ,,rhj_= ti
-4-
11. Inspect± on and Testing- of Ill`teri als
. The Con-
tractor shall notify the City a sufficient
tir.:e in advance of
the
manufacture or production of .materials
to be
supplied by
him
under,this Contract, in order that the
City r, -Lay'
arran--a
for
mill or factory inspection and testing
of the
sane, if the
City
requests such notice from the Contractor.
12. Termination for Breach, etc. If the Contractor
should be adjudged a bankrupt, or if he should ma_.e a general
assignment for the benefit of his creditors, or if a reeaiver
should be appointed.on account of his insolvency, or if he or
any of his subcontractors should violate anv of the provisions
of the Contract, the City may serve written notice upon :him and
his surety of its intention to terminate `hP Contract, Such
notice to contain the reasons for such intention to terminate
the Contract, and, t: -!less wit', ten days of ter serving' of such
notice, such violation shall cease and satisfactory arrangements
for correction thereof be made, the Contract shall, upon the
expiration of said ten days, cease and ter^i nate . In the event
of any such termination, the City shall immediately serve written
notice thereof upon the surety and the Contractor, -and the surety
shall have the ri c -ht to take over and perform the Contract; pro-
vided, however, that, if the surety within fifteen days after
the serving upon it of notice of termnation does not give the
City ;mitten notice of its intention to take over and per for-
the Contract, or does not comers-- cerformance thereof rrit.hin
thirty days from the da`e of the serving of such not_ce, the
City may take over the work, and prosecute the same to co-!pleti en
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, liability for so doing, take possession of,
and utilize in completing the work, such manterials, appliances,
plant and other property belonging to the Contractor as ruay be
on the site of the work and necessary therefor.
13. The Citv's Ri,'; t to Withhold Certa_n Amounts and
Make lool_Cat-ion "_hereoI' in addition to amoun-, ,,rhj_= ti
-4-
City may retain under Paragraph 21 of this. Contract until the
final completion and acceptance. of all wark covered by 'Che Con-
tract , the C_ty 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 Ccs,tractor cr any subcontractors
for labor and services rendered and materials furnished in and
about the wor:. The City may apply such with::eld amount cr
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 mace by the City shall be considered as a
payment made under the Contract by the City to the Contractor,
and the City shall not be liable to the Contractor for any such
payment made in good faith: Such payment may be made ;..ithout
prior judicial determination of the claim or claims.
14. Notice and Service Thereof. Any notice from. one
party to ' the other under the Cant acz shall be in writing, and
shall be dated and signed either by the party giving such not-'4_-__-
or
oticeor by a duly authorized representative of such party. Any such
notice shall not be effective for any purpose ah,atsoever unless
served in the follo .-Lng manner: (a) if the notice is given to
the City, either by personal deli very 'thereof to the City i��ana-
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 of the
prof ect, or by depositing the same in the Unitad States mails,
enclosed in a sealed envelope, addressed to said Contractor at
2121 South E1 Camino Real
San Mateo, CA 94403
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 o:^ other person, or by depositing the same in the
United States mails, enclosed in a sealed envelope, addressed
to such surety or person, as the case may be, at the address of
such surety or person last communicated by 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 beco^e due thereunder,
may be assi gn_d by the Contractor without the prior written ap-
proval of the City.
.16. Compliance with Specifications of Matt -rials. ,hen -
ever in the Specifications, any materi e.l cr process is indicated
or specified by patent or proprietary name, or by name of manu-
facturer, such Specifications must be met by Contractor, unless
the City agrees in T•rri ting to some other material, process or
article offerd by Contractor which is equal in all respects to
the one specified.
-5-
C.
17. Contract Securit.11. The Contractor shall furnish
a surety bond in an amount at least equal to one hundred per-
cant (1001:5) of the contract price as security for the faithjal
performance ,of this Contract. The Contractor shall also furnish
a separate Buret; bond in an a^cu^t at least ecual to one hued'=_d
percent (10CJI) of the contract price as security for the pavment
of all persons for furnishing materials, provisions, 7ro:erldar,
or other supplies, used in, upon, for or about the performance
of the croric contracted to be done, or for performing any 1;rorc
or labor thereon of any kind, and for the payment of a:,lounts
due under the Unemployment Insurance Code vrith respect to such
work or labor in connection 11ith thys 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 cc: mance ;ror'•t
under this Contract until he has obtained all insurance recuirec3
under this paragraph and such insurance has been approved by the
City, nor shall the Contractor allow any subcontractor to com-
mence rror�c ca his subcontract until all similar insurance re-
quired of the subcontractor has been so obtained and approvad.
The Contractor shall furnish the City with satisfactory proof
of- the carriage of insurance required, and there shall be a
suecific contractual liability endorsement extendinc" til= Con-
tractor's coverage to include the contractual liability assumed
by t1-'e Contractor oursuant to this Contract and particularly
Paragraph 19 hareof. Any policy of insurance required of the
Contractor under this Contract shall also contain an endorsement
Drovidinoithat thirty' (30) days' notice must be giver_ in s•rriting
to the C11.y of any pending change in the limits of liability or
of any cancellation or modification of the policy.
(a) Workmen's Corroensati on Insurance and Emn-
ployer's Liability
insurance. The Contractor shall take out
and maintain during the life of this Contract I-Forkmen's Ccm_oen-
sation Insurance and E.nployer's Liability Insurance for all of
his employees e:Jployed at the site of the orojecL and, in ca,;e
any aorlc is sublet, the Contractor shall require the subcontrac-
tor sire laxly to provide' Workmen's Compensation Insur`nce and
Employer's Liability insurance for alp of the latter's er_ployees
unless such employees are covered by the protection afforded by
,he Contractor.
In signing this Contract the Contractor makes the fol-
lo;.ring certification, required by Section 1851 of the Labor Code:
tiI
an aware of, the provisions of Section
3700 of the Labor Code t•r!:ich requir_e every em-
ployer to be insured agains4 liability for
workmeh's compensation or to undertake self-
insurance in accordance :rith t: -,.e provisions of
the code, and I Will comply aith such provisions
before commencing the performance of the work
of this contract."
(b) Liability insurance. The Contractor shall
ta�:e out and" .maintain during the life of this Contract suciz
Bodily Injury Liability and Property Damage Liability Insurazca
as shall protect 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 claims for property
damage, *cluding third -party property da:-zage, to -include cov-
eraUe on property in the care, custody and control of the Con-
tractor, and also Tcludin? what are commonly kno,'an 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 gny subcontractor or by ' anyone directly or in-
directly .er:
t:tiscilief, the City will attempt to obtain such broader orotection
and the Contractor agrees to pay any additional cost for such
broader protection.
19. Hold Harmless The Contractor ;•rill save, keep, and
hold harmless the City and all officers, employees, and age;�ts
thereof from all damages, costs, or expenses, i n lair or in ecuity,
that may at any time arise or be set up because of personal in-
jury or danage to property sustained by any person orpersons by
reason of, or in the course of the performance of said 7,-e 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, pn, or about said crori�, of any article
or material supplied or installed under this Contract. 14aJ corith-
stand_n.g the above, the Contractor shall wherever it is. necessary
keep and maintain at his sole cost aid expense during the course
of his o_oerations under this Contract such Terarnings, signs, and
barriers as may be required to pro sect the public. The provisions
of the preceding sentence shall not impose any li'abili ty upon
the City and are for the express benefit of the general public.
20. Hours of .Tork. Eight hours of labor during any
one calendar day and forty hours of labor during any one calendar
weer, shall constitute- the maximum hours of service upon all T;rork
done hereunder, and it is expressly, stipulated that no laborer,
workman, or mechanic employed at any time by the Contractor or
by any subcontractor or suhcontractnrs under `;±is Contract, uper
the work or upon any part of the .York contemplated by this Con-
tract, shall be required or permitted to woric 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, work 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 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? ation _of Sections 1811-1815, inclusi-re, of the
Labor Code of the State of California, all the provisions ,here-
of are deemed to be incorporated herein, the Contractor shall
forfeit, as a penalty to the City, t:•renty-five Dollars ($25.00)
for each laborer, workman, or mechanic employed in the execution
of this Contract by Contractor, or by any subcontractor under
this Contract, for each calendar day during which said laborer,
workman, or mechanic is required or permitted to :Toric more than
eight hours in any one calendar day and forty hours in any one
calendar ..eek in violation of the provisions of said Sections of
the Labor Code.
The Contractor, and each subcontractor, shall keep an
accurate record shc':rind the names of and actual hours corked
each calendar day and each calendar :•reek by all laborers, work-
:yen, and mechanics employed by him in connection ai th the ,•rork
contemplated by this Contract, which record shall be open at
all reasonable hours 'Co the inspection of the City or its off_-
cers or agents and to the Division of Labor La -.,i Enforcement. of
the Department, of Industrial Relations of the State of California.
21. Vage Rates. Pursuant to the Labor Code of the
State of California, or local lau thereto applicable, the City
has ascertained the general prevailing rate of Der dieam wa-,es
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 ,,rages so deter -lined are set fort;- •
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 prevailing :Nage rates upon which the Contractor
or any subcontractor under him may, base any claim ag_inst the
City.
It shall be mandatory upon the Contractor, and upon
any subcontractor under hi.m, to pay not less than the said spe-
cified rates to all laborers, workmen, and mechanics employed
in the execution -of the Contract . It is further expressly sti-
pulated that the Contractor shall, as a penalty to the City,
forfeit twenty-five dollars ($25.00) for each calendar day, o -r
portion t'ae o=, -or each laborer, �;iorkman, or machani c paid less
Char. the. stipulated prevailing rates for any ,Iork done under
this Contract by him or by any subcontractor under him; and Con-
tractor agrees to comply with all provisions of Section 1775 of
the Labor Code.
In case it becomes necessary for the Contractor or any
subcontractor to employ on the project under this Contract any
person in a trade or occupation (except executives, supervisor) ,
administrative, clerical, or other non -manual workers as such)
for which no mini mum wage rate is herein specified; the Contrac-
tor shall immediately notify the City, ,rho �ril1 pro-ptly there-
after determine the prevailing rate for such additional trade
or occupation and shall -furnish the Contractor T;rith the mini*num
rate based thereon.' . The minimu_-1 rate thus furni shed shall be
applicable as a-inimu� p
for such trade or occuation from the
time of the initial enployment 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 e^-
.ployees) and property. The safety provisions of applicable la.Js,
buildinL- and construction codes shall be observed. !.lac:pinery,
equipment, and other hazards shall be guarded or elipinated in
accordance aith -the safety provisions of the Construction Safety
Orders issued by -the Industrial Accident Conmissicn of the State
of California.
23. Payment. Not later than the last Fri day of each LI
calendar month, Lone City ;rill make partial payment to Lone Co:z-
raetor on the basis of a duly certified approval esti -tate of
the woT'i! cerfor,-:2d and :.,aterials incorporated in the project,
daring the ureceding calendar month, by the Contractor, 'out the
City will retain ten percent ( to %) of the
amount of each of said estimates until the epiration of thirty-
five (35) days from the date of recording by the City of notice
of acceptance of completion of all eark 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 ,ri thin
ten days, until the expiration of ninety-five (95) days after
the acceptance of completion of such ,fork of i.mprolrement as evi-
denced by resolution of its governing -body, at which time and
not before, the City shall pay to the Contractor the whole of
the remaining ten percent ( to N) of said contract !
price so held back as provided; said certificates to be furnished
by and obtained from the City's representative statim that the
paymant or installment is due upon the basis of -:Tork completed
and the amount then due and the City's representative shall, be-
fore thefirst Wed. of each month, deliver said certifi cafes under
his :hand to the City, or in lieu of such certificates, shall de-
liver to the Contractor, in wri ting, under his hand, a just and
true reason for not issuing the certificates, including a state-
r.:ant of the defects i £ any, to _be remedied, to entitle the
Contractor to the certificate or certificates. in event of t^e
failure of the City's representative to furnish and deliver sai d
certificates or any of them, or in lieu thereof, the ,ori ting
aforesaid, ,•lignin ten (10) days after the times aforesaid, and
after written demand has been made upon him for the same, the
Contractor .may file demand with the City, and, in event sai d
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 comoliance by the
Contractor with. the reauirements 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 nat.-
ever inspection and approval may be required by la•r.
24. Protection of Pub lie Utilities . The City shail
be responsible, as bet, -teen the parties to this Ccntrac- only, fo„
the removal, relocation, or protection of existing public utili-
ties, if any, located on the site of construction, but only if
such public utilities are not identified by the City in the
Plans and Specifications made a part of the invitation. Lor bids.
-10-
1e City shall compensate the Contractor for costs incurred in
relocating Or repairi n� damage to Ut7.ii ty facilitiOs not indi-
cated in t_^.e Plans and Specifications, ot'ler than service Lat-
erals when the presence of such utilities on the construct yon
site can be inferred from the presence of such visible facili-
ties as buildings, and meters and junction 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 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 to existing utility
facilities. If the Contr acyor Wali 1Q aerformi ng the Contract dis—
covers utility facilities not identified by the City in the Con-
tract Plans and Specifications, the service laterals as herein-
above described•, he shall immediately 'notify the City in writing.
. 25. Contractor's Responsibility for the Worti. The
Contractor shall not be responsible _or tie cost of repairing
or restorin c- damage to the work caused by an act of God.�3--- VER-
THELESS, tiie Contract -or shall, if the insurance premium i s a
separate bid iter:, obtain the insurance to indemnify the City
for any damage to the work caused by an act of God. "Acts of
God" shall include only the follow4ng occurrences ori conditions
and effects : earthquaKes and tidal waves, when such occurrences
or condit_ons and effects have been proclair.ed a disaster or
stale of emergency by the Governor of the Satz of Ca_i'ornia
or by the Presiden, of the United States, or were of a miagnitude
at the Sita of the +rork suffi^.ient to have caused a proclamaticn
of disaster or state of emergency having occurred in a populated
area: Subject to the foregoing, the City shall not., in any ;vas
or manner, be answerable or suf.er 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 1.n, On, Or about
the same during its construction and before acceptance.
26. Contractor's Guarantee. The Contractor unquali-
fiedly guarantees the first-class qualit:j of all workmen:ans lip and
of all materials, apparatus, and equipment used or installed by
!lir. or by any subcontractor or supplier in the project ; hictZ 13
the subject. of this Contract,, unless a lesser quality is ex-pressly
authcrized in the Plans and Speci ficati ons , in which event the
Contractor unqualifiedly guarantees such lesser quality; and
that the aork as per far- ed by the Contractor :x111 conform wi t;l
the Plans and Specificat- ns or an;; .ritten authorized de-1_at�Ons
there froil. In case of an J defect in aork, materials , appe.ratus
or equipMent , whether latent or patent ; re ealed to the CiT.v
within one (1} year of 'Une d=te Uf accent. -lance of Comcletion Of
this Contract b-, the City, the Contractor trill forth lth remedy
I
such defect or defects ;rithc,.t cost to tl.e City.
27. L i a u i d at a d _D:,.:a;_ es. T'ime shall be of the essence
of this Contract. Ir' the Cc.n7,ractor fails to comp leta rithi.l
-11-
the time fixed for such completion, the cork hereinbefore men-
tioned and c:escribed and hereby contracted to be done and per-
formed, he shall become liable to the City for liquidated dar,-
aSes in "tile sum of Fifty Dollars
dollars ($ '50.00 ), for each and every day during which
said ,-Iorc shall remain uncompleted beyond such timme for comple-
tion or unlawful extension thereof, ahich sum shall be presumed
to be the amount of dama;e thereby sustained by the City since
it Would be impracticable or extremely difficult to fix the
actual da.maoe; and the amount of liquIdatad damages may be de-
ducted by the City from moneys due the Contractor heraunder,
or his assigns and successors at the time of comp la tion, and
the Contractor hereunder, or his assigns and successors at the
time of comoletj.on, and his sureties shall be liable to the
City for any excess.
2$. Additional Provisions.
The Covitractor acknowledges the fact that the
adjacent Pump Station is the primary source of
water for the City water utility.
-12-
IN WITNESS WHEREOF, the parties have executed this
Contract, in duplicate, the day an., year first hereinabove
written.
r
APPROVED AS TO FOR174:
4ityy Attorney
ATTES T :
City Clark'
Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary acknowledgment
required.
CITY OF CUPERTINO, a municipal
corporation of t:ie State of
California, herein called
the City
By�
Mayor
O TSBURGW-DES MOINES STEEL CO.
herein called ConLr actor
By
SHERMAN R. McKINNEY
Attorney-in-fact
—13—
P O W E R O F A T T O R N E Y
KNOW ALL MEN BY THESE PRESENTS, That PITTSBURGH -DES MOINES STEEL.COMPANY,
Neville Island, Pittsburgh, Pennsylvania -15225, a Pennsylvania Corporation,
has constituted and appointed, and does hereby constitute and appoint
- - - - - - - - - - - - - - -S S. R. McKINNEY- - - - - - - - - - - - - - - -
its true and lawful Attorney -In -Fact to execute proposals for the sale of
materials or the construction of work, to make contracts for same, and execute
Surety Bonds to be used in connection therewith. Such power shall include
the execution of non -collusion certificates as may be required by such laws
of New York as General Municipal Law Section 103d, Public Authority Law
Section 2604 or State Finance Law Section 139d.
This appointment is made in accordance with Article IV, Paragraph 3 of the
By -Laws of the Corporation as amended by the Board of Directors of the Cor-
poration on April 5, 1971 and still in full force and effect:
Article IV, Paragraph 3:
"All proposals, commercial contracts, bonds, certificates, affidavits,
and all other documents incident to the business of this Company shall
be valid:
(a) When signed by the Chairman of the Board, the President, a Vice -
President, the Secretary, Treasurer or an Assistant Secretary,
or other duly authorized representative or agent of the Company
and when sealed with the seal of the Company; or
(b) When executed by an Attorney -In -Fact."
IN WITNESS WHEREOF, PITTSBURGH -DES MOINES STEEL COMPANY has caused these
presents to'be signed by its President and Treasurer, and its corporate
seal to be thereunto affixed and duly attested by its Secretary this 29th
day of August, 1978.
ATTEST: PITT S H -DES' MOI I J,(__ Z4 ES S EEL COMPANY
(SEAL)
S cretary By
E- Preside t and Tre urer
STATE OF Pk SYLVANIA)
SS:
COUNTY OF ALLEGHENY )
On this 29th day of August, 1978, before me personally appeared W. Jones,
President and Treasurer of PITTSBURGH -DES MOINES STEEL COMPANY, who being
duly sworn, said he resides in the State of Pennsylvania; that he is President
and Treasurer of PITTSBURGH -DES MOINES STEEL COMPANY, the Corporation des-
cribed in and which executed the foregoing instrument; that he knows the
corporate seal; that it was so affixed by order .of the Board of Directors of
said Corporation, and that he signed his name thereto as President and
Treasurer of said Corporation by like authority.
(SEAL)
STATE OF PENNSYLVANIA) ITWtEL, NTAN pftX
S S : JIEYILLV TOMIIi1111s, ALL�i1HN COUNTY
COUNTY OF ALLEGHENY ) Y,,ny CO�MWA ppN fpr 9. IWO
I. W. R. Jackson, Jr., Secretary of PITTMBUR,i TEEL COMPANY,
do hereby certify that the above and foregoing is a true and correct copy of
Power of Attorney executed by PITTSBURGH -DES MOINES STEEL COMPANY, which is
still in full force and effect.
IN WITNESS WHEREOF I have signed this certificate at Neville Island
Pittsburgh, Pennsylvania, this 14 day of F brua. , 19 80
(SEAL) C
STATE OF CAL1FORNLk )
ss .
COUNTY OF SANTA CLARA )
On 19 before me, the undersigned, a
Notary ?ublic in and for said State, personally appeared
9
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me,that they executed the same.
WITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION AC,CT1OWLEDGDiENT
STATE OF CRL1 UTIA )
ss.
COMITY OF _Ai,TA CLIA)
On February 14, 19 80 , before me, the undersigned, a Notary
Public in and for the said State, personally appeared
Sherman R. McKinney known to me to
be the Attorney -in -Fact of Pittsburgh -Des Moines Steel Co. , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporaticn herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS ?•1I:EREOF, 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.
Ur FICIAL SEAL
MARLENE M. RODRIGUEZ
CI U..oii OUBLIC — GALiFORNIA
i r��_
�• �`° 'I; NCI,"lL OFFICE IN
SANTA CLARA COUNTY Notary Public din and for the C unt�
.
.,n Expires Ma z, X98 of Santa Clara, State of Cal:*ora
ry
PROPOSAL 1 Bff
M
MANN.TANK NO. 1 - PROJECT 80-38
TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA:
Dear Sir: ,
In compliance with the specifications furnished for the Mann Tank No. 1,
Project $0-38, I, the undersigned, hereby declate 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 work shall be to install, and place in operation, a 187,000 gallon water
storage tank with the necessary and the outlined appurtenances.
All work shall be done to AWWA Specifications and Standards and the standards
outlined within the Project Plans or Specifications. '
I
The award of contract will be to the lowest bidder on the base bid as de- �.
termined by the City Council. .
A bid bond in the amount of 10% of the base bid is required.
The City Council reserves the right to reject any or all bids received.
BID
ITEM QUANTITY ITEM EXTENSION
1. Provide a complete and operating
187,000 gallon welded steel
water tank inc udng appurt nances
complete fore' /-ru
-TA
-Cul
Sum
2. Provide and apply all interior/
exterior coatin s re red
--for
GDe
Dollars/Lump Sum
Bid Total
Proposal 1/4
I J'LAlfLo
1 i
i
i
BIDDER OUA.LIFICATION FORM EXH.
IIT
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? 54 Years
(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? 54 Years
(3) :Contractor's License No. 160716 State of California,
Classification A
(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 [Mork and for Whom Performed Contract Amount
In the last several years we have completed many
water storage reservoirs all over California and
the United States. Included among these are water
tanks for the City of Cupertino, City of Santa
Clara, City of San Jose, San Jose Water Warks and
California Water Service Company.
We are enclosing our.Reservoir Brochures and our
General Brochures.
PROPOSAL Page 2/4
Name of Rroposed. Sub -Contractor, if any
(Section 4104 Government Code)
3.
4.
1.
2.
3
4.
5.
1.
2.
Address of Shop or Office of Sub -Contractor
(Section 4104 Government Code).
Work to be performed by Sub -Contractor
(Section 4144 Government Cade)
PROPOSAL Page 3/4
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO -PARTNERSHIP,
STATE THE FIRM NAME AND LIST'THE NAMES OF ALL INDIVIDUAL CO-?ARTNERS
COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED.
TYPE OF BUSINESS: Individual
Co -Partnership
Corporation PITTSBURGH -DES MOINES STEEL COMPANY
Joint Venture
Other
(describe)
A Pennsylvania Corporation.
President -Treasurer: W. Jones NAME AND
SIGNATURE OF BIDDER:
Secretary: W. R. Jackson, Jr. -
Western Division Manager: R. J. deJong
Date January 17, 1980
Addenda Received:
1 2 3 4 5
Proposal Page 4/4
PITTSBURGH -DES MOINES STEEL COMPANY
S . J a 0etti r
re- -ac
2 h El Camino Rpal
San Mateo. CA 94403
Address
0
PDM EXHIBIT B
ENGINEERS/FABRICATORS/CONSTRUCTORS
PITTSBURGH -DES MOINES STEEL COMPANY
2121 South EI Camino Real, San Mateo, CA. 94403 ■ Phone (415) 349-1114
January 21, 1980
Cupertino, CA 51-9-191
The Director of Public Works
City Hall
10300 Torre Avenue
Cupertino, CA 95014
Reference: Our Proposal of 1/17/80 for
Mann Tank No. -1, Project 80-38
Change Order No. 1
Gentlemen:
CITY 07 CUPEiMNO
PUBLIC WORKS
..21 1980
PAM=
We wish to make the following changes to our subject proposal as
called for in Change Order No. 1.
1. Deduct $890.00 for deducting 3 roof vents.
2. There will be no change in our contract price for changing
underground connections, 12" Inlet, 16" Outlet and 12"
Overflow to shell connections.
3. Deduct $7,520.00 for deleting sand pad.
These deductions add up to a total deduction of $8;410.00.
This would make the total price of the project $79390.00:
I
We are looking forward to working with you on this contract and
want to thank you very much for your courtesy and cooperation.
i
Yours very truly
PITTSBURG -DESS INES STEEL COMPANY
S. Oettinger, ttorney-In-Fact
Con acting Engineer
SJO:amh
N
VeY.�t
Venom
'e,
7
/40�AIYAV s��yio,7
NlS
Q
8
01