80-002 I McKenzie Contruction Co. Mann Tank Demolition, Project 80-50CONTRACT AOR pU-Dr !OF,
U;C=' an March 27, 1980
by the CITY OF CUPERTI.TO, amunicipal corporaticn oi' t2 --e state
of California, hereinafter called the City, and !l
McKenzie Construction Company
hereinafter called the Contractor.
IT IS HEREBY AGREED by the parties as follows .
1. The Cont -act Documents Tho `e Contract co��—
sists 0 the following cont -act docu�^ents; 0
A. The Specifications entitled "Mann Tank Demolition,.Project 80-50
Addendums No. 1 and 2.
B. The proposal dated 2/15/80 - Attached as Exhibit "A"
Any and all ab:tig-atioris of the Ci;� 7 ani? the Contractor are ,-
roll
set fort;: and described therein.
All of the above dccu_ments dre intended to cooperate so
that any work called for in one and not mentioned Ln the o;ze-
or vice versa, is to be ex_Cut_-d the sc.me as i menti _Gned i:l all
Ci said documents. rhe document"s Comrrisiicr `.he complete c;on—
,rac".; are somnetimes hereinafter refarred to as the Contract Doc::-
ments. In case of conflict.between the Plans and Specifi o.at-i cns
on the one hard, and this Contract on the other, the i .L c~d
Spaci`'_cat'ions shall prevail.
2. The WcM'c The Contractor ac-ees -c Furnish' all c=
the tools, equip-ent, pL�a3^at'13, i2C11i�:ieS, labor, trans DO?'v a- j
tion, and materi `1 necessc-y to perform and complete in a mood
and :lGri-::,c.^_�._�Ce '+?nP.er,
the •fork of (�
The demolition of an existing wood tank at Mann Station and
all necessary cleanup as required.
as called for, and in the manner designated in, and in strict conformity with,
the Plans and Specifications prepared by the following named person:
Bert J. Viskovich, Director of Public Works
and adopted by the City, which Plans and Specifications are entitled, respectively,
Mann Tank Demolition, Project 80-50
and which Plans and Specifications are identified by the signatures 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 of the City, or its representative. The City hereby designates as its
representative for the purpose of this Contract the following named person:
Mr. Bert J. Viskovich (or his agent)
3. Contract Price. The Contractor agrees to pay, and the City
agrees to accept, in full payment for the work above agreed to be done, the sum
of
$2,500.00 (Two thousand five hundred dollars)
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 work which the Contractor may be required to do, or respecting the size of
any payment to the Contractor during the performance of this contract, said dispute
shall be determined either by reference to the unit of prices, if applicable, or
in accordance with the agreement of the parties, or in accordance with the rules
of the American Arbitration Association if the parties are unable to agree.
5. Permits; Compliance with Law. The Contractor shall at his expense,
obtain all necessary permits and licenses, easements, etc., for the construction
of the project, give all necessary notices, pay all fees required by law, and comply
with all laws, 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
proper facilities and provide safe access for inspection by the City to all parts
of the work, and to the shops
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wherein the ,-ior'c is in preparation. 1,1here the Specifications
require work to be specially tested .or approved, it shall not
be tested or cove red up without Li.me_y notice
to the City of
its readiness for inspection and .•ritnout the approva- 1 thereof
or consent thereto by the latter. •• Should any such work be
covered up ;.iit'nout such notice, approval, or consent, it roust
be uncovered for examination at the
if required by the C=ty,
Contractor's expense.
7. Extra or A�dditi oral Work and Chanes. Should the
City at any time duri n- o :e gro.--ress of the :•rorc require any
alterations, deviations, additions or omissions from the Sneci_
fications or dans or other - Contract Documents, it shall have
the right to do so, and the same shall in no way affect or rake
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, .4hich valuation
shall be deter:ni ned either by reference to the unit prices, _f
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 ;•rorc
shall be performed or change be made except by a written order
from the City, duly authorized by resol-:tion of its governing
body, a. -id by all a=encies ahose approval is required by la;i,
stating that the extra ;,cork or c:^ange is authorizod, and no
claim for an addition to the contract sum shall be. valid unless
so order --d.
8. Chanes to i.'eet Environmental Recuiremients. The .
City shall have the righc to make changes in this Contract
during the course of construction to • bri ng the completed ia-
provements into compliance with environmental requirements or
standards established by state and federal statutes and regulµ_
tions after the Contract has been awarded or entered into. The
Contractor shall be paid for by such changes either by reference
applic`ble, or in accordance ul th t e
to the unit prices, if
agree,:�ent of the parties, or in accordance with the rules of the
Amerd can Arbitration Association if the parties are unable to
agree.
9. Termination, Amendments or Modifications. This
Contract may be terminated, amended or modified, ;lith the mutual_
consent of the parties. The compensation payable, if any, for
such termination, amiend,ment or modifications, shall be deter-
mined either by reference to the unit price, if applicable, or
in accord&nce ;'rith the agreement Of the parties, or in accordance
with tae rules of the American arbitration Association if the
parties are unable to agree.
10. gime for Comoleticn.
shall be comolet-d
All ;-rcrk under this Contract
As outlined the the project specifications
ii
If the Contractor shall be delayed in the ;;era by the
acts or neglect of the City, or its employees, or those under
Lt by contract or other;;ise, or by chanSes ordered in the .,iork,
or by stri;ces, lockouts by others, fire, unusual defy 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 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.
11. Inspection and Testi::.z of !-11—ate—rials. The Con-
tractor shall notify the City a sufficient time in advance of
the manufactlur2 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 same, if the
City requests such notice from the Contractor.
12. Termination for Breach, etc. If the Contractor
should be adjudged a ban:cru;,:, or if re should mace a general
assignment for the benefit of his creditors,Or if a T'OCsiVOr
should be appointed.on account of his insolvency, or if he or
any Of his subcontractors should violate any of the provisions
of the Contract., the City may serve c-iritten notice upon him and
his surety of its intention to te.—minat.e thp Contract, such
notice to contain the reasons for such intention to terminate
the Contract, and, u. -!less within ten days after serving- of such
notice, such violation shall cease and satisfactory arrangements
for correction thereof be ,made, th.e Contract shall, upon the
expiration of said ten days, cease and terminate. In the event
of any such termination, the City shall immediately serve :mitten
notice thereof upon the surety and the Contractor, and the surety
shall have the ri ctit to take over and perform the Contract; pro-
vided, however, that, if the surety within fifteen days after
the serving uaon it of notice of termination does. not xive the
City written notice o: its intention to take over and aerform
the Contract, or does not corm-rence performance thereof within
thirty days from the date of the servinz of such notice the
City may tace over the work and prosecute the same to co-:pletien
by contract, or by any other riethod 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, r;lthOl liability for SO dvi�':o, tate DOSS?53i On Of,
and utilizes in comnleting the work, such materials, appli ances,
plant and other property belon i:ig to the Contractor as may be
on the site of the ;•tura and necessary therefor.
13. The Cit? Is Right to tIithh(Old CJrt- a -;.n n:-. Io'. n s and
Malke. A o o 1 Cat, iC'e"_Of in £Lddit on to t"ne afiioun', ;;aiC 1 Gi1e
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City may retain under Paragraph 21 of this Contract until the
final co:7pletion and acceptance of all work covered by the Con-
tract , the City may Con-
.. 11 from payment to `-he Contractor
such an amount or amounts as in its judgr+ent -lay be necessary
to pay just claims avainst 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 consider -ad -4 as a
payment *jade under the Contract by the City to the Contractor,
and the City shell 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_ viriting, and
shall be dated and signed either by the' party giving such notice,
or by a duly authorized representative of such party. Any such
notice shall not be effective for any purpose 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 Tana-
ger of the City, or by depositing the same in the Unite: States
mails, enclosed in a sealed envelope, addressed to the Ci ter,
postae prepaid and certified; (b) if the notice is of ven to ,he
Contractor, either by personal delivery thereof to the Contrac-
tor, or to his duly authorized represent,=ti ve at the site of the
project, or by depositing the same in the United States :-ails,
enclosed in a sealed envelope, addressed to said Contractor at
1957 Springer Road, Mountain View, CA 94040
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 sa:^e in the
United States rails, 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. Assi4nment 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 :rite Spec=fi cations of Mate rials . .-when-
ever in the Specifications, any material or process is i ndicwted
or specified by patent or proprietary name, or by name of manu-
facturer, such Soecifications must be met', by Contractor, unless
the City a reeS 1;7 �JT'itinr� to som-- other m_at-erial, 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-
cent (100,5) of the contract price as security for the faitcll. L
performance ,of this Contract. The Contractor shall also furnish
a separate surety, bond in an amount at least equal to one -hun-dred
percent (100,"J') of the contract price as security for the pay;-:ent
of all persons for furnishing materials, provisions, pro-:erider,
or other supplies, used in, upon, for or about the performance
of the work contracted to be done, or for performing any ;rork
or labor thereon of any kind, and for the payment of amounts
due under the Unemplo;, m,_nt Insurance Code ;Iri th respect to such
work or labor in connecticn with this Contract, and for the pay-
ment of a reasonable at torn�ay's fee to be fixed by the court in
case suit is brougiat upon the bond.
18. 'Insurance. The Contractor shah not cormence •work
under this Contract until he has obtained all insurance required
under this par 2graph and such ins ur ance has been approved by the
City, nor shall the Contractor alloa any subcontractor to com-
mence aorl, on his subcontract until all similar insurance re-
quired of the subcontractor has been so obtained and :
approved.poo
The Contractor shall furnish the City .wisfh sat! s_a � f
`ctory�
of- the carriage of insurance required, and there shall be a
specific contractual liability endorsement e:ctending the Con-
tractor's coverage to include the contractual liability assume^
by thAe Contractor pursuant to this Contract and particularly
Yaragrach 19 hereof. Any policy of insurance required of the
Contractor under tris Contract shall also contain an endorsement
Drovidino that thirty (30) days' notice must be given in writing
to the City of any pending change in the 11mits of liability or
of any cancellation or mociifi cation of the policy.
(a) Workmen's Corp_ ensati on Insurance and E�m-
ployer's Liability Insurance. The Contractor shall take out-,
and maintain during the life of this Contract :,torkmen's Compen-
sation Insurance and Employer's Liability Insurance for all" of
his employees employed at the site of the project and, in case
any cork is subset, the Contractor shall require the subcontrac-
tor similarly to provide' Workmen's Compensaticn Insurance and
Employer's Liability Insurance for all of the tatter's emmiloyees
unless such 'employees are covered by the protection afforded by
t -he Contractor.
In signing this Contract bhe Contractormakes the fol-
loaing certification, required by Section 1,051 of the Labor Code:
"I am aware of- the provisions of Section
3700 of the Labor Code s -.hick require every em-
ployer to be insured agains' liability for
workmehIs compensation or to undertake self-
insurance in accordance vrlth t::e provisions of
the code, and I ;,ill comply with such provisions
IM
before commencinS the performance of the work
of this contract."
(b) Liabi lit,,* ins.aran ce The Contractor shall -
&.
hall
take out ana maintain during the life of this Contract such
Bodily Injury Liabili,y and Property Damalse Liability Insurance
as shall o_otect him and any subcontractor perform,in:_ :•mor. cov-
ered by this Contract fro<< claims for damages for bodily injury,
includinz- accidental death, as ;yell as from claims for property
damage, in Tcluding third -party property damage, to include cov-
era-e on property in the care, custody and control of the Con-
tractor, and also in -cluding ,that are commonly known as the
C, and U" exclusions (navinc- to do ;-rith blasting, collapse, and
underground prcperty damage) , which may arise from Contractors 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 A $250,000.00 for injuries,
including accidental death, to any one person,
and, subject to the same limit for each person,
in an amount not less than. $ 500,000.00 , on
account of one accident , and Property Damage
Liability Insurance in an amount not less than
250,000.00 The C_ty and its officers and
employees, shall be named as additional insureds
on any such policies of insurance, .,ihi ch shall
also ccntain ,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 tie 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
to=ce cut al maintain
for t:ze benefit of both
Contract ins -nce coverincr loss by fire, ,
dorsement peri (windstorm, hail, expo on,
a strike, civil c ^;otion, aircraft., ehicles,
dalism and malicious Mischief ua the entire
the or'_c of this Contr t is be done tc one
( 10 0 �) of the insurable
insurance shall be £ s
thereof. Prooer
O the
City provides th ire insururi%
desires brow,', protection than
shall
„ias to this
nded coverage en -
riot, riot attending
smoke), and van-
structure
an-
structure or, which
hundred percent
evidence of such
If the
hereunder^, and the
perils of loss
tended c Y'? -;e endorsement perils, d vandalism
t Supply in or ex, as the case may be,
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Contractor
by fire , ex -
and malicious
the bland.
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mis'cilief, the City ,,rill attempt to obtain such broader protection,
and the -Contractor agrees to pay any additional cost for such
broader protection.
19. Hold Harmless . The Contractor ;rill save, ,-ceeD, and
hold harmless the City and all officers, employees, and agents
thereof fro -.m all damages, costs, or expenses, in law or in equity,
that may at any time arise or be set- up because of personal :
jury or damage to property sustained by any person or persons by
reason of, or in the course of the performance of said
W0
reason or
�
by reason of any infringement or alleged infringement of the
patent rights of any person or persons, firm or corporation _n
consequence of the use in., An, or about said �rOrc:, of any article
or material supplied or installed under this Contract. Not:+ri th-
stand,ing 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 Terarnin7s, signs, and
barriers as may be required to protect the public. The provisions
of -the precedin;- sentence shall not impose any 1i.ability upon
the City and are for the express benefit of the general public.
20. 'Liour:s of Iork. Eizht hours of labor during any
one calendar day and forty ;,ours of labor during any one calendar
weep, shall constitute the maximum hours of service ur)on all ,-Toric
done her --under, and it is exp;=sSly. stipulated that no laborer,
workman, or :%echani c emr)loyed at any time by the Contractor or
by any subcontractor or suhcontractors under t'n s Contract, upon^
the work or upon any part of the :cork contemplated b�; this Con-
tract, shall be required or per^_tted to oror'c then --ori !ore than
eight hours during anyone calendar day- and forty hours during
any one cal--ndar weeic, except, as provided by Section 1815 of
the Labor Coda of the State of California, worlc 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 eigat
hours per day at not less than one and one-half timmes the basic
rate of pay. It is further expressly stipulated that for each
and every violation.of Sections 1811-1815, inclusi-re, o the
Labor Code of the State of California, all the provisions .There-
of are deemed to be incorporated herein, the Contractor shall
forfeit, as a penalty to the City, taent-y-fi ve 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 calenda.r 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 .•ra?k in violation of the provisions of said Sections of
the Labor Code.
The Contractor, and each subcontractor, shall keep an
accurate record sho,;rin-- the nar-aes of and actual hours aorlced
each calendar day and each calendar :•reek by all laborers, wor1r:-
in
:-1en, and mechanics emo' oyed by him in connection ;rich the ;�ror{
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 tae Division of Labor La;•r P,rIfbrcemnent of
the Depar-ment of industrial Relations of the State of California,
21. t,fag;e Rates. Pursuant to the Labor Code of the
State of California, or local larr thereto applicable, the City
has ascertained the-enera1 prevailing rate of per diem wages
&-id rates for holidays and overtime work in the locality in
which this work is to be per'ormed, for each craft, classi fica-
ti on, or type of laborer, .�rorkman, or mechanic needed to execute
this Contract. The prevailing ..rages so determined are set fort:z •
in the Specifications and made a cart hereof. Neither the notice
inviting bids nor this Contract shall -constitute a representation
of fact as to the prevailing ;gage rates upon ;-rhich the Contractor
or any subcontractor under hill may, Case aily claim a.T,r.inst 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, work en, 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, o:^
portion tt er�Gf , for each laborer, aorkma_'1, or me --chalk c paid lesF,
than the. stipulated prevailing rates for any acrlk done under
this Contract by him or by any subcontractor under him; and Con-
tractor agreas to comp'_y ;Iiti1 all provisions of Secti on 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 aor'.kers as such),
for which no Ilii ni mu;n wage rate is herein specified,' ie 1, the Contrac-
tor shall imm diately notify the City, .,rho gill pry-ptly there-
after determine the prevailinj rate for such addit_o;ia_ tr,.de
or occupation and shall -furnish t:ne Contr=actor ;ri th the minil,um
rate based thereon.' The minimum rate thus furnished shall be
applicable as a mini^lum for such trade or occucat i on _ ror:, the
time of the initial employment of the person affect -ed and during
the continuance of such employment.
22'. Accident Prevention. Precaution shall be exer-
cised at all times for the protection -of persons (including em-
.ployces) and property. The safety provisicns of applicable !a -,,;s,
buildinL- enc? co,istruction codes shall be observed. Cl c;l_nery,
equipment , an:: Gt::er hazards shall be guarded or eliminated in
accordance rrit:l -tine- safety provisions cf the Construction Safety
Orders Issued by the Industrial Accident Commis sicn of the State
of Califcrnia.
23. Payment. The Contractor agrees to pay $2,250.00 to the
City as soon as is possible. The remainder shall be due at the completion
of the project.
If the Contractor fails to demolish the tank, the City shall demolish the
Tank at the Contractor's expense and the City shall not refund any amounts
paid by the Contractor for the right to demolish said work.
24. Protection of Public Utilities. The City shall
be responsible, as bet;aleeil the Da= __-s to "nis Contract only, for
the removal, relocation, or protection of existing public utill.—
ties, if any, located on t :e site of construction, but only
such public utilities are not identi fi eci by the City in she
Plans and Specifications made apart of. the invitation for tids.
ine City shall compensate the Contractor for costs incurred in
relocating or repairing damage t.o utility facilities not indi-
cated in the Plans and Specifications, other than service lat-
erals when 'he presence of such utilities on the construction
site can be inferred from the presence of such visible facili=
ties as buildings, and maters 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 performing the. Contract dis-
covers utility facilities not identified by the City in the Con-
tract Plans and Specifications, the se.rvi.ce. laterals as h.ereir.-
above described, he shall immediateiy notify the City in Nriting.
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25. Contractor's Responsibility for the ?dory:. The
Contractor shall not be responsible for tie cost of repairing
or restoring da. -ase to the viork caused by an act of God. NEE VLR-
T:iLLSS, the Co:ltr2.ctor shall, if the insurance premium is a
separate bid i tear, obtain the insurance to indemnify the Ci ter
for any damage to the :fork caused by an act of God. "Acts of
God" shall include only the following occurrences or. conditions
and effects: earthqua-es and tidal Haves, when such occurrences
or condit_ons and effects have been proclaimed a disaster or
:ta`.e of emer,encv by the Gnvernor of the State of California
or by the President of the United States, or were of a magnitude
at the site of the ao:k sufficient to have causod a proclamaticr.
of disaster or state of emergency having occurred in a populated
area. Sub,;ect 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 saa.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 unquali-
fiedly guarantees the first-class quality of all workmanship and
of all materials, apparatus, and equipment used or installed by
hire or by any subcontractor or supplier in the project which is
the subject of this Contract, unless a lesser quality is expressly
authorised in the Plans and Specifications, in which event the
Contractor unqualifiedly guarantees such lesser quality; and
that the •,•rork as performed by the Contractor :•rill conform with
the Plans and Specifications or any .,.ritten authorized deviations
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. dgfects aithout cost to tine City.
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27. Liquidated Damages. Time shall be of the essence of
of this Contract. If the Contractor fails to complete, within
the time fixed for such completion, the work hereinbefore mentioned and
described and hereby contracted to be done and performed, he shall become
liable to the City for liquidated damages in the sum of One
Hundred ----------------------Dollars ($100.00), for each and every day during
which said work shall remain uncompleted beyond such time for completion or
unlawful extension thereof, which sum shall:be presumed to be the amount of
damage thereby sustained by the City since .it would be impracticable or ex-
tremely difficult to fix the actual damage; and the amount of liquidated
damages may be deducted by the City from moneys due the Contractor hereunder,
or his assigns and successors at the time of completion, and the Contractor
hereunder, or his assigns and successors at the time of completion, and his
sureties.shall be liable to the City for any excess.
28. Additional Provisions.
A. The Contractor shall obtain an "All Risk Policy" -in the minimum amount
of $250,000.00. Said policy shall be a separate policy and shall protect
the City, its officers, agents and employees.
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ISI l-lITNESS the parties have executed this
Contract, i:l duplicate, the day and year first hereinabove
:,ritten
W
APPROVED AS TOnA
S',1:
C Attorre
ATTEST:
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City Clerri
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 2�(Ai
May o r
herein called Contr_zt1or
By �� C
-13-
.o
ACKNOWLEDGEMENT
State of California ) ss
County of San Mateo )
On this 10th day of March , 19 Rn ,
before me, the undersigned, a Notary Public in and for the
State of California personally appeared J. E. McKenzie
known to me to be the person(s) whose name is subscribed
to the within instrument, and acknowledged to me that he
executed the same as therein designated with the authority
to do so.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal in the County, on the day and
year first above written.
4P:OFFICIAL SEAL
ANN MC KENZIE
NOTARY PUBLIC - CALIFORNIA
SAN MATEO COUNTYy comm. expires JUL 26, 1983
VOTARY P BL
State of California
County of San Mateo
PROPOSAL,
MANN TANK DEMOLITION - PROJECT 50-50
TO THE DIRECTOR OF PUBLIC: WORK, CITY OF CUPERTINO, STATE OF CALIFORNIA:
Dear Sir:
In compliance with the Plans and Specifications furnished for the Mann
Tank Demolition, Project 80-50, 1, the undersigned, hereby declare
that I have read the proposal requirements and hereby propose to do all
work required to complete the said work in accordance with the Specifications
and/or Plans For the amounts set forth herein on the incorporated schedule.
The work involved herein is the demolition and removal of an existing
Redwood water tank.
_111 necessary preparation as well as "c lean -up" is included in clip prices
hid and no extra componsat ion w i t1 be sought. .111 work must He .lone fn a
manner that Ls safe and hill no damage the existing adjacent structures,
or the concrete tank bottom.
The undersigned understands that the C:ity wi.11 nccupt the Largest amount
bid and that the timing of file removal, is important and is a basic ru-
quirement of this proposal.
\ hid bend of $300.05 is r, q& rw ..
LiID
ITEM �ll'_1\1'I'C`i' llI_l
1. L. S. :and . 11va.41' One erat!ii
400,000 gallon Redwood tank
c, i,,ip h, t e for Twenty _F
s �
Hundred 00 & 100 Dollar ,
� __ 500._00
(nol lars/Lump Sum)
!iid '�tal Aimount, to !,. !paid LO the ('its' x2,500.00
Nini- uum hid WOO)
PROPOSAL 1/4
A. .SID DOC1UT21Ea7S. continued
BIDDER OUaLIFICATION 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?
In excess of fifteen 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':
None
(3) Contractor's License No. 163047 State of California,
Classification C-12
(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.
`:ear Class, Location of ;•?ork and for Whom Penin, 'd Contract -�-nount
19=. American Foiisinq ('ui ld Ha I f Mann Ray _
Demolish two water systems F. Grading over -S_-5-0, 000 On
* Completion of this form is not a minimum requirement of this project.
PROPOSAL Page 2/4
1. None
2.
3.
4.
5.
6.
A. BID DOCI•[ENTS. continued
Name of Proposed Sub -Contractor; if any
(Section 4104 Government Code)
Address of Shop or Office of Sub -Contractor
(Section 4104 Government Code)
Work to be performed by Sub -Contractor
(Section 4104 Government Code)
PROPOSAL, Page 3/4
A. BID ROCU IE:,TS, continued
IF YOU ARE AN I.IDIVIDUAL, SO STATE. IF 'OU ARE A FIfILM OR CO -PARTNERSHIP,
STATE THE FIRM NAL�iE AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE FIRM. IFA CORPORATION, STATE LEGAL 'NME OF CORPORATION,
ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND ''1MAGER. THE CORPORATE
SEAL MUST BE AFFIIED.
TYPE OF BUSINESS: Individual J. E. McKenzie dba McKenzie Const. Co.
Co -Partnership
Corporation
Joint Venture
Other
(describe)
NAME AND
SIGNATURE OF BIDDER:
McKenzie Const, Co.
1957 ,gprincTPr Road .
dress
Date February 15, 1980 Mountain View, Calif. 94040
Addenda Received:
1 � 3 4 5
Proposal Page 4/4