80-002 K Printex Concrete Products (Torres Precast Concrete) plans and specs for Mann Station precast panels0110-002 k
CCNTRAC`I' SCR PliJL'iC ?:{
C.ONT4,: CT madc on April 23-, 1981
by the CITY OF CiJPFRT7`10, a :municipal corporation. oi' the State
of California, hereinafter called the Cit,r, and L�
Torres Precast Concrete Products Inc. Doing Business as
Printex Concrete Products
hereinafter called the Contractor.
IT IS uL�.3Y ACR=D by the parties as follows .
1. Tne Cont^act Dccunents Tae complete Contrn._t con-
sists of tie followin ccntr act documents : [j
A. Plans and Specifications for Mann Station Precast Panels
Project 80-38 , Including Addendum Number 1
B. Various bond and insurance requirements
C. Bid Proposal Attached as Exhibit A
Any Ind alI obli2-ati^ns of the C-Lty and t:.e Co: ` --actor arm
Set forth. and described therein.
All of the above docu_m-ents dre i nte,:fe\. t0
that any cork called r - � e,YL; ,oned -,er
,,. � for J_n on.. and no., :�_.:�_ _. t,ie � �.. -,
or Vice 7?rSa) is to be executed the same as :T:e:n.t'_oned Ln ?i!
cf Said documents. The docume.nz.s comer; sing ^_e cc^pinta C:c)
J. i- y0 D �- i:.� ��p_ ."•L ^� 0 �' -.-fy L ^ ^ �,.� a .-i L +� ii n
Uract- a� somet s he_ �: a_ er referred d as t ,on" : amt Coc�_-
ments . in C:az e of be taeen the ?1 any and S: e c`: _ ,1 a t-' =1 -
on the one hand, and this Contract on t:: oche=', the �' ans -_':d
t �e vv, ,.. � 1a•
Soeci:_catlons shall oreva_l.
2. Th:. c : :_ Cont r a c or .- 7 re J �
> t-entpparals, fac, -ebor, r-an-port,the tCo'S, eq:lp ,
and mat a,.c ss _y to perform a. ..o ..ple i.. �';..o
r
and r:,;:nner, the of _
MANN STATION PRECAST PANELS, PROJECT 80-38
as called for, and in the manner desicnated in, and in strict
conformity aitn, the Plans and Specifications prepared by the
followino named person:
Bert J. Viskovich, Director of Public Works
and adopted by the City, ;rhich Plans and Specifications are en-
titled, respectively,
Mann Station Precast Panels, 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 that said
work shall be performed and completed as required in said Plans
and Soec_ications under the sole direction and control of t_^.e
Contractor, but subject to t::e inspection and ap:,roval of the
City, or its represencat_-ie. The City hereby designates as its
representative for the purpose of this Contract the follovring
named person:
Bert J. Viskovich, Director of Public Works
3. Contract Price. The City agrees to pay, and the
Contractor agrees to accept, in full payment for the work above
agreed to be done, the sum of
Sixteen Thousand Two Hundred Thirty -Nine and no/100 Dollars
($16,239.00)
subject to additions and deductions as provided in the Contract
Documents.
4. Disputes Pertaining to Payment for ',?orc. Should
any dispute arise respec.-ing the true va'_ue of any work done,
of any work omit -ted, or of ary extra aor'k. which t=, -e Contractor
may be required to do, or respect -ins the size of any payment- to
the Contractor during the zerfo.-mance of this ccntract, said
dispute shall be determined either by reference to the unit of
prices, if applicable, or in accordance .-rith the agreement of
the paries, or in accordance ;•pith the rules of the American
Arbitration Association i f the parties are unable to agree.
5. Permits; Compliance ;pith Law. The Contractor shall,
at his expense, Obtain all necessary permits and licenses, ease-
ments, etc. , for the construction of the p-roject sive all neces-
sary notices, pay all fees required by lair, and comply with 311
lads, ordinances, rules and regulati ons relatins to the .-rork
and to the preservation of the public health and safety.
6. Insbection bar 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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:vherein the :ror'c is in preparation. Where
the Speci=,i cations
require ;•fork to be specially tested .or approved,. it shall not
be tested or covered up wit;rout ti: -rely notice to the City of
its readiness for inspection and 4fithoutl 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 exaT1ination at the
Contractor's expense.
7. Extra or Add,.ticnal t.lor.!ti and ChanizeS. Should the
City at any time durinj t :e pro:gess o. tiie .-fore requirey
an
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 .•rill be added
to, or deducted from, the amount of the contract price, as the
C3Se may be, by a fair and reasonable valuation, ',i -ii -ch sialuat_er_
shall be determined either by re:eren e �o she unit pr.s _
T
applicable, or in accordance ':lith :-ie agreement of the parties
or in accordance with the rules of the American 4rbitr_til on
Assocation if the pa. -ties are unable to agree. No extra :40rf
shall be performed „1 c_. _.�._ I be made x,...p., by _ written o_ �.._
iron the City, duly authoriZec by resolu:ion c _ts gove= �? n
body, a. -id by all agencies u`iose approval is rsquired by la;r
stating chat the extra work o: C_ 21 -Se is au'tihcr'i''Z�C, and no
claim for an addition to the contract sup shall e- valid unless
so ordered.
8. Chan-::eS to Y,eet Envt_ on. .,al R :,u_ reme n t _._e .
City shall have the right to make changes In `.:'lis Con,:;ract
during the course of const-ruct_on 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 catered into. Th e
Contractor shall be paid for by such changes either by reference
to the unit prices, if aunlicable, or in accordance ;•:ith
a reement of the parties, or in accordance 4i"Uh the rubs of the
Amen can Arbitration Association if the parities are unable to
agree .
9. Termination, Amend- ents or `lO-_�ifi c?`.ions. This
Contract may be terminated, amended or modified, the mutual_
consent of the parties. The compensation payable, i any, for
such termaination, amendment or modifications, shall be deter-
mined eith--r by reference to the unit price, if applicable, or
in accordance with the agreement of the parties, or in accordance
with the rules of the American .arbitration Association if the
parties are unable to agree.
10. 'i *:e for Co <<oletion. All ,.fork under this Contract
shall be completed
On or before the expiration of Thirty Five (35) Working Days.
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If the Contractor shall be delayed in the work by the
acts or neallect of tile City, or its amplcyees, or those under
it by contract or otheraise, or by chanes ordered i n the work,
or by stri,ces, lockouts by others, fire, unusual delay in trans-
portation, unavoidable casualties or any causes beyond the Con-
tractor's control, or by delay autihorized by the City, or by
any cause which the City shall determine justifies 'he delay,
then the time of commietion shall be extended accordin ly.
This paragraph does not exclude the recovery of da.m-
ages for delay by either party under other provisions in the
Contract Documents.
11. inspection end Testing -of r ateri als. Th,e Con-
tractor shall notify the City a suf icienc ;ime in advance of
the manufacture or production of materials to be supplied by
him tinder this Contract, in order that the City r.:ay arr:nge
for mlll•or factovy inspection and testing of the same, ; f the
City requests such notice from the Contractor.
12. Ter7ination for Breach, etc. If the Contractor
should be adj ud.--d a ban cruzi;-c. if :e s :gold ;Za'ce _ �enaral
assi�=ment for t1'je benefit; of his credi tors, or if an ren—giver
Should be app..l:. u . on account of _s insolvency, o _ o
any of his sub con.-ractor;, should violate any of Lr'= pro%r sio-s
r: Ct Ithe C ^1� e.—ve r- i Lt -p e i d
of the Cont-��, �._.. City may s__ . ;�__�., n notice open :�1im ar:�
his surety of i„ int anti.cn to t ina,.e the Contract, IR
notice to contain the reasons for such int_-ntion to terminate
t.1e Contract, and, unless crithi_: tan days after sere= -1 of such
notice, such violation shall cease and sa• isfactory a- ran2:e-eats
for correction thereof be made, t::e Contract shall. UZ)Cn. t1 -1e
expiration of said ten days, cease and cer:,i nate. In the evant
of any such termination, the City shall immediately serT.e tten
notice thereof upon the surety and the Contractor, and the surety
shall have the right to take over and •perform the Contract ; pro-
vided, ho,;lever, that, if the surety 'althin fifteen days after
the serving uocn it of notice of fermi nation does not _ivy the
City written notice or its intent_cn to take over and parfor~t
the Contract, or does not" co,: once performance thereof JlLi' ."
, .-�
thirty days Lr --m th.e datl e of the serving or such not_ce, tee
City may takca e e T -" -ecu `e ` e =2 on
c•r r �h ,ror and r_ o� a„ the sa:� �o c
by contract, or by any other method it may deem ad.•is_Mb le, for
the account and at the expense of the Contractor, and the Cor. -
tractor and his surety shall be liable to the Cit;, for an,r ex -
6. cost occasioned by the City thereby, and in such ev_ent Che
City may, :•rithout liability for so doin,7', ta.Ce possession of,
and utilize in comnaletin�- the work, such m2teriais, appliances,
plant and ether property belongi:zg to thi: Contractor as may be
on the site of the work and necessary therefor.
13. The City's Rirftt to Withhold Certain Amounts and
Make Appli catlic':1 _na._oi . In addition, I.o zhe arloat... L;i e
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City may retain under Paragraph 21 of this Contract until t;Ze
final completion and acceptance of all work covered by the Con-
tract , the City may -.•rithhold from payment to the Contractor
such an a:lou.^,t or amount's as in its judg._ . ent may be necessary
to pay just claims against the Contractor or any subcontractors
for labor and services rendered and materials furnished in and
about the rror:. The City may apply such wit-hheld amount or
amounts to the payment of such claims in its discretion. in
so doing, the City shall be deemed the agent of the Contractor,
and any payment so made by the City shall be considered as a
payment, :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
,1 L
party to the other under the Contract s all be i n ;•rri ins,, and
shall be dated and signed either by the, par y -i vin'- such `ice
r v ch ^^
or by a duly authorized representative of such part,'. Ani* Such
notice shall not be effecti're for any purpose :'!_^.atsO?'ie_ unless
served in the foll0:'(inj manner: (a) if the n0t'1ce _s __': `.0
the City, either by personal delivery thereo: to the City "ana-
ger of the City, or by depositing t`e sa:::e i'; the united Sc5
mails, enclosed i_1 a Sealed envelope, addressed to the C'_ t y
postage preoai d and certified; (b) if the notice is g -i ven cc the
Contractor, either by personal deliver y the re0 t the Con —`-
tor, or to his duly auchori Zed represents-ive at t::e site o_ the
project, cr by depositing the same in the United States -a_-s,
enclosed in a sealed envelope., ad Tressed to said Contractor at
P. 0. Box 1270, Mountain View, CA 94042
postage prepaid and certified; and (c) if the notice is given to
the surety or any other person, either by personal deliverer to
such surety or other perscn, or by depositing the same in the
United States malls, enclosed in a sealed envelope, .addressed
to such surety or person, as the case maay be, at the address of
such surety or person last co:rz",unicated by him, tO IV -he party
L
givin- the notice, postage prepaid and cerci fT�
_ad.
15. Assi'nment of Contract. Neither the Contract,
nor any partth r..e ooi nor s due or to become due thereund=r
,money�
may be assigned by the Contractor Without the prior Written ap-
proval of the City.
16. Compliance :lith Specifications of Materials. ,vhen-
ever in the Specifications, any material or process, is imitated
or specified by patent or proprietary nacre, Or by name of ,manu-
facturer, such Spec! ficatio ns must be met by Contractor, unless
the City agrees in writin-- to some other material, process or
article offered by Contractor which is equal in all respects to
the one specified.
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17. Contract Security. lne Contractor shall furnish
a surety bond in an amount at least equal to one hundred ner-
eent (100;5) of the contract price as security for the fait;h-LUl
-performance ,of this Contract . The Contractor shall also furnish
a separate suret;— bond In an amcunt at least equal to one hun•dr=d
percent (10C,53) of the contract price as security for the p?vment
of all persons for furnishing materials, pI'OV1SiORS, provender,
or other supplies, used in, upon, for or about the oerformnance
of the work contracted to be done, or for performing any :rorc
or labor thereoc of any leind, and for the payment of amountS
due under the Unemplo;,Ment Insurance Code Frith respect to such
work or labor in connection T--rith this Contract, and for the oa;v-
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 shah not co.--mence :-,or!.:
under this Contract until he has obtained all e
insurance required
C r
under this parct?raoh and such insurance has been app oved by the
City, nor shall the Contractor a'_lo; any subcontractor to com-
mence aork on his subcontract nail all similar insurance re-
qu red of the subcontractor ::as been so obtained and approved.
The Contractor shall furnish the City ,,r ith satisfactory proof,
of -t'-.-- Ca_rr,
_?�e of insurance '"n^�'__raC, and there =1311 be ?
spec_ jic contr— ctilal liabs lity en`` -ze-- t x-= -
n e Z� ti.?
tractor's coverage to include the Contractual, assume -
by
1i 1•;
i :.y
th,e Contractor pursuant to :his Co: tract and particular—,Y
Yaragra::h y9 hereof. Any policy, of insurance re^ -aired c= the
Contractor under this Contract shE=111 also contain an anaorsement
pro vi ring t:. at thirty ( 30) days T notice must be ven _n rrri tin?
j - 1 `,
to the City of any p e n d J n g charge in the limits of '__ability or
of any cancellation or modification of the policy.
(a) Wor'cmen's Compensation Insura^c= and 'E'
ployer's Liabil=tv insurance. T.;e Contractor sha11 tatie o:;. -
and maintain during the life of t:iiS Contract ',nor:, en's Compen-
sation Insurance and Employe s Liabf iJ ty Insur?nce for all of
his employees e:=loyed at the Site or th:. project a. -d, ir, case
any cork is sublet 3 the Contractor shall require th t
�e succor_ rac-
tor similarly to provide'Workmen's Com.pe saticn
n lnsur= ice and
Employer's Liability Insuralnce for all of the 1att— ei_o1cyees
unless such e.iployees are covered by the protection afforded by
the Contractor.
In sing this Contract the Contractor maces the fol-
10;ring Ce2tif,iC3ti O?l, required by Secti on lEOi of the Labor Code:
�I am at -rare of the provisions of Section
3700 of the Labor Code ,r!:ic require every em-
ployer to be insured a;;ains� liability for
warkme, h I s compensation or to undertake sel r_
insurar?ce in accordance with the provisions of
the code, and I ,rill comnL i y ;ai th such provisions
before commencing the performance of the work
of this contract."
(b) Liability insurance. The Contractor shall
take out ana .maintain during the life of this Contract suciz
Bodily Injury Liability and Property Da-:a,e Liability Insurance
as shall o_otect him and any subcontractor perfor:;,i ng work cov-
ered by this Contract from claims for da«,ac-es for bodily i nj "ry,
including accidental death, as ;yell as from claims for oroperty
damage, in *cludino- third -party property da:na�e, to include cov- i
era,e on property in the cars, custody and control of the Con-
tractor, and also in {eluding what are cem.«only kno;an as the ItX,
C, and U" exclusions (having to do with blast i ::g, collapse, and
underground property damage) , which may arise from Contractor's
operations under this Contract, whether such operations be by
hi��,self 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 Llability Insur-ance in an amount
not less than $500,000.00 for injuries,
including accidental death, to any one person,
and, subject to the same •lim_t -or each pe --son,
in an amount not less than 81,000,000-00 , on L
account of one accident, an, aroperty Da_,.ag-
Liability Insurance in an amountr_ot less than
w 1,000",000.00 The City and _ts officers and
employees, shall be named as ad :'_ticnal insureds
on any such policies of insurance, .,hich shall
also contain a provision that the insurance
afforded thereby to the City, its officers and
employees , shall be primary ins ::ranee to the
full limits of liability of t:.e 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) ;ire insuranCe. Tne Contractor shall �{
take out and maintain- =or the benefit of beth parties to this
Contract insurance covering loss by fire, extended coverage en-
dorsement perils (windstorm, hail, explosion, riot, riot attendin
a strike, civil commotion, aircraft, vehicles, smoke), and van-
dalism and malicious mischief upon the entire structure on
the work of this Contract is to be done to one hundred percent
(1005) of the insurable value thereof. P.^oper evidence o: such
insurance shall be farnish:ed to the City of Cupertino ':e
City provides the fire insurance hereunder, and the Conturact.c=
desires broader protection, than the per --.';.s of loss by fire, ex-
tended coverage endorsement perils, and vandalism and malicious
1.
Supply in or ex, as the case may be, . in the blan";.
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Mischief, the City .-rill attempt to obtain such broader protection
and the Contractor agrees to pay any additional cost for suc!-j
broader protection.
19. Hold Harmless. The Contractor ;gill save, '.keep, ani
hold narIaless the City and all officers, employees, and agents
thereof from all damages, costs, or expenses, in law or in equity,
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 :•rorK or
by reason of any infrin-e-ent or alleged infri n-ement Of the
patent rights of any person or persons, firm or corporation in
consequence of the use in, on, or about said wor'-:, of any arc,i cle
or material supplied or installed Under this Contract. Not::ith-
stand_ng the above, the Contractor shall nherever it is necessary
keep and maintain at his sol-- cost and expense during the coarse
of his ooerations under this Contract such earnings, si ins, and
barriers as may be required to protect the public. The provicions
of the preceding sentence shall not impose any liability upon
z e f t express rc o f f he general pub14 c.
the Ci�,� and are for the ..p_..ss ben..__p o� t..., p
20. flours of :-fork. 171ght ho Urs of labor during an -
one nda,-• `1 n forty r r f l r r+i y one calenC..a_-
or... thio .. � d�.,� and . c_ �y .cu_ s o hope cu_ _ng an ;. _
weer, shall constitute file �IaXi _TIL:I1 !'aUrS of Serv'_Cn UL�On ?ii
done he:,e .nde r and it is exp r?ssly, s t _ u_tatd that no laborer,
workman, or mecnanic employed at any time by the Contractor or
by any subcontractor or suhcontractors urder t•bis Contract, upo
the ;;or'_k Or upon any part Of the -t K eonte,:.piated by t his Con-
tract, shall be required Or per:^itted to icrk, thereon ..ore t :an
eight hours during any one calendar day and forty :lours during
any one ca'_endar week, except'., as provided by Section 1315 of
the Labor Code of the State of California, cork 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 eigIlt
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 1811-1315, inclusive, o= 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, twenty-five Dollars ('25.0v)
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 ..iork -lore than
eight hours in any one calendar day and forty hours in any one
calendar week in violation of the provisions of said Sections of
the Labor Code.
The Contractor, and each subcontractor, shall keen an
accurate record sho:•ring the names of and actual hours aor'lced
each calendar day and each calendar :reek by all 'laborers, �,rori:-
IBM
men, and mechanics enoloyed 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 La -..i Snforcemnent of
the Depart•:�ent of industrial Relations of the State of California.
21. Wa e Rates. Pursuant to the Labor Code of the
State of California, or local lan thereto applicable, the City
has ascertained the :general prevailing rate of per die,- .-fav-es
and rates for holidays and overtime work in the locality in
which this work is to be performed, for each craft, classi fica-
tion, ar type of laborer, workman, or mechanic needed to execute
this Contract. The prevailing .gages so determined are set forth •
in the Specifications and made a cart hereof. neither the notice
inviting bids r:or this Contract shall constitute a representation
of fact as to the pravailina7 :.rage rates upon 1nich the Contractor
or any subcontractor under him may base any claim against the
City,
it shall be mandatory upon the Contractor, and upon
any subcontractor under him, to oay not less than the said spe-
cifi ed rags to all laborers, workmen, and mechanics emuloyed
in t11e exec;'u,cian.of the Contract. It is further e:toressl;r st1-
pulated that the Contractor shall. as a penalty to tre City,
forfeit twenty -Five dollars ($25.00) for each calen :ar day, or
_, .or each laborer, ;rarkma�l_, or rne-cha*.nic paid less
portion t:ereC
than. the. stipu1at_-d prevailing r2tes for anir `•iorr: a a n e under
this Contract by L1im or by any subcontractor under him; _nd Con-
tractor, agrees to comply w -i th all provisions of Section 1,775 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 :ior'..-cers as such)..
for which no mil ni mum wage rate is herein specified; :he ,,a. t. ac-
tor shall immediately notify the City, ;,rho ;:i 11 Oro,:Dtly there-
after determine the prevaili:71c.; rate :or such addiO_cnal trade
or occupation and scall -furnish the Contractor with the
rate based thereon." .,The mini mum rate thus. furnished s^all be
applicable as a minimum for such trade or occuaat i on -roc, the
time of the initial emoloyment of the person affected and during
t;he continuance of such employment.
2c. Accident PreT.e.ntion. Precaution shall be exer-
cised at all times for the proteC�ion of persons (i.ncludin: em-
ployees) and property. The safety provisions of applicable lavas,
building --Ind cozistruction codes shall be observed. i-:achinery,
equipment, and other hazards shall be guarded or eliminated in
accordance Frith -the safety provisions of the Construction Safety
Orders issued by -the Industrial Accident Commission of the Stag
of California.
23. Payment. Not later than the First Tuesday of each
Lr:
calendar month, the City will make partial payment to the Con-
tractor on the basis of a duly 'cer!fied approval estimate of
.the work per_or^ed and materials incorporated in the project,
daring the preceding calendar month, by the %ontractoz�, but the
City will retain Ten percent ( 10 of the
amount of each of said estimates until the expiration of thirt,
five (35) days from tale date of recording by the City of notice
of acceptance of completion of all work covered by this Contract,
if such notice be recorded within ten dans after the acceptance
o•f completion of such Contract as evidenced' by resolution of
its governing body; or, if such notice be not so recorded with -n
ten days, until the expiration of ninety-five (95) days after
the acceptance of completion of such work of izmnrovement as evi-
denced by resolution of its governing body, at which time and
not before, the City shall pay to the Contractor the ,•chole of
the remaining Ten percent ( to %) of said contract
'
price so held back as provided; said certificates to be furnished
by and obtained fro;.q the City's representative stating that the
payment or installment is due upon the basis of wor'_k cc -101e -tad
and the 2 -mount then due and the City's representative shall, be-
fore the First Tuesof each month, deliver said certificates Funder
!?
his hand to t'ne City, or in lieu of such cartificates, shall de-
liver to the Contractor, in writing, under his hand, a just and
true reason for not issu_ng the ce_r',ificates, including a stat ---
rant of the defects -, i f any, to be remedied, to entitle the
Contractor certificate or cer;ificzGes. in event of *^.e
failure of the Ci :y's rapresen at ve to furnish and de 14 ver sai d
certificates or any of them, or in lieu thereof, the aritiag
a_oresaid. —L"tr.in ten ( 10 ) days after the times aforesaid, and
a"ter written demand has been made upon hi..m for the sale, the
Contractor may file demand with the City, and, in event said
certificates are not furnished ten (10) days thereafter,
the same shall become due and payable.
In case the City's representative delivers the ,•wiling
aforesaid, in lieu of the certificates, then a conoliance by the
Contractor -with the recuirements of said writing shall enci t=e
the Contractor to the certificates.
The payment of progress payments by the City shall not
be construed as an absolute acceptance of the •�rork done up to
the time of such payments, but the entire aor'.k is to be sub,ected
to the inspection and approval of the City, and subject to -a at -
ever inspection and approval riay be required by law. `
24. ?rotection of Public Utilities. The City shall
be responsible, as be%weeLn the parties to this Contract only, for
the removal, relocation, or protection of existiri�; public utili-
ties, if any, located on 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.
-'_o-
7ne City shall compensate the Contractor for costs incurred in
relocating or repairing damae to utility facilities not indi-
cated in t;,.-- 'Plans and Specificat=ons, other than service lat-
6rals when the presence of such utilities on the construction
site can be inferred from the Dresznce of such visible fac;li-;
ties as buildinfrs , and meters and junction bo::es on, or adja-
cent to, the construction site. Z"ne Contractor shall not be
assessed liquidated da:'iages for delay in completion of the Con-
tract project, as provided in Paraorap h 27 below, :+,hen such de-
lay is caused by the failure of the City, or other public utility,
to provide for the removal or relocation of the e:{istino utility
facilities. If the Contractor while perforTLn the Contract dis-
covers utility facilities ties not identified by the Cite i n the Con-
tract Plans and Specifications, the service laterals as herein-
above described, he shall immediately notify the City in writing.
25. Contractor s peGDOns Lt 41114 t7 for the ''lCrti The
Contractor shall not be responsible rcr t e cost of repairi n
or restorin,- dama:,e to the vrcrT•c caused by an act of God.
T:iEL SS, U. h
CO.tr2.CtOr shall, if the insurance premium is a
separate bid item, obtain the insurance to indem- nify the Cit�r
for any damag-e to th-e Bork caused by an act of God. :Mc - S Of
Cod" j11=:1'_ include only the follc:'i�n- occu-n-ences or: cc..d1-_,or's
8._!d effects. eart- hqua1{eS and tid a1 ..raves, a hen suer occ' rrer,ces
or coed=t=ens and el=ects have bee- Droc_aii:.ed a disaster or
sta'.e of emergency by .i_e Governor of the .State of
or by the Presider.- of t1 -le United. States, er ;era of a ::ao-i-u--e
t n e o ,,1; i f t^ ' c' n c - o ^' n^
at h.. sit of th iron., ss nt to have eau:, d pro .- -
of disaster or state of emergency havinS- occurred i n a populated:
area. S'ub j ect to the fore�c; no, she City shall not, _n any :ray
or manner, be answerable or suf-er loss, da -mage, expense or
liability for any loss or damage that may happen to said bui ld-
inc-, 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 auarantees the firs;, -class rius-l_t}r of all ',ori:^rnshiC and
of all materials, apparatus, and ecui om--nt used or instal -led 'OV
him or by any subcontractor or supplier i"_ the prof ect is
the subject of this Contract, u:lisss a 'Lesser quality is e:{D='Cssly
authcrized in the Plans and Specifications, 2.111 :-rhic:h e .ent t^e
Contractor unqualifiedly guarantees such lesser quality; and
{ T er •r the t � .— r%,
that the rror�c as p � for;re bCon �r�c o� lli conform
the Plans and Specificat-ions or an!., :ritten authorized de'1_at_o s
therefrom. In case o' an;; defect in :'fork, materials, apparatus
or equip,^ant, whether latent or cat:..tt, re,;ealed to the Ci Y
within one (1.) ',Tear or the d;�te o' acceDtance of completion Of
this Contract by the City, the Contractor :•rill fort;'l:rit:1 rz-ad`1
such defect or defects aithout cost to the City.
27. Liquidated D_nTa?es Ti -e shall t,e of t;ltd essence
of this Ccntract. If the Ccntractor fails to c=plzte, aithi,i
-11-
the time fixed for such cor.,pletion, the work hereinbefore men-
tioned and described and hereby contracted to be done and oer-
for.med, he shall become liable to the City for liquidated car, -,-
a= -es in tine sum of Fifty and no/100
dollars ($ 50.00 ) , for each and every day durin- which
said work shill remain uncompleted beyond such time for ccmple-
tion or unlawful extension thereon', r;hich sum shall be presumed
to be the amount of damn -e thereby sustaired by t-- Ci ty since
it would be impracticable or extremely difficult to fix the
actual da-:lalse; and the amount of liquidated da -ales -,ay be de-
ducted by the City from :coneys due the Contractor hereunder,
or his assiEns and successors at the time of completion, and
the Ccntractor hereunder, or his asslEns and successors at the
time of completion, and his sureties shall be liable to the
City for any excess.
23. Additional Provisi ons .
-12-
IIN WITNESS WHEREOF, the narties have executed this
Contract, in duplicate, the day and year first hereinabove
written.
APPROVE AS TO FO
City Atto :_
ATTEST:
v� j� Clerk -
Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary acknowledgment
required.
CITY OF CUPERTI,10 a municipal
corporation of t:ie State of
California, herein called
the Cit
By
iL
Mayor
herein called Co 1tra.,::cr
By 0P�c e
—13—
`/ c.E PkesloewT
STATE Or CAI,IrORVLk )
ss.
COUNTY OF SANTA
On 19 , before me, the undersigned, a
Notary ?ubl'_c in and for said State, personally appeared
known to me to be the persons whose ;tames are subscribed to the within
Instrument, and acnnowledged 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 ACZ`;O��L"_7DG7EV.ENT
STATE OF C,�1.IPCRIA )
ss.
COUNTY OF _ZTA CLAIR-k)
On APRIL 7 , 19 V, before me, the undersigned, a ,Notary
Public in and for the said State, personally appeared
.1
170 YE "'42/ //qc.L&—s , kncwn to me to
be the VI CE 4096s10eV7' of )9Q/Nlt-X coNC&CAF 14200"03 , the
corperation that executed the within Instrument, knownt 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 .,.THE_RE0F, 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.
;�.. •,
Marc
ia!itoL. MunsayaC
a1:6, r NOTARY PUBLIC - CALIFORNIA I
r� SANTA CLARA COUNTY Notary Public in and for the C unt;�
My Commission Expires Sep, 17.
1982 of Santa Clara, State of California
exat���T A
BID PROPOSAL
MANN STATION PRECAS A'LS
PROJECT 80-38
TO: The Director of Public Works, City of Cupertino, State of California
Dear Sir:
In compliance with the plans and specifications furnished for the Mann
Station Precast Panels, Project 80-38 , I, the undersigned, hereby declare
that I have read the proposal requirements and hereby propose to do all
work required to complete the work in accordance with the specifications
and/or plans, for the amounts set forth herein on the incorporated schedule.
The work is to fabricate,, -and place in position, precast walls.
Award shall be to the lowest qualified bidder. However the City Council
reserves the right to reject any and all bids.
REM
ITE1 UNIT DESCRIPTIOti
1 L. S. Cast, erect and weld in place
precast concrete panels for
�S'i 756AI 77100,SAN6 -7" VLhV'v4�rb
7NVI 7 = NiA✓E
Dollars/L.S.
PROPOSAL 1/4
UNIT PRICE TOTAL
259. oa
A. BID DOCUr-!E *TS , continued
BIDDBR OU LIrTCATION FORM
In further compliance with the specifications furnished, the undersigned
submits the following.statements as to his experience and to his qualifica-
ticns 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'esperience in work comparable with that
required
under the proposed contract has your organization had
by this or
any other name? �p
(3)
Contractor's License �To State of
California,
Class -HcaC'on C-9
(4)
List work si,..ilar in character to that required in the
proposed
contract -.,hick your organization or personnel in your
organization
has complecad within the past three years.
Year
hen Perored
Class, Loc -t;^ of 'dor'.: and for wf-�
Contract amount
�lytltilliit14t(-Sy - S,4n1 iWoA4AS VrWad3S,.A.14,YY PNAS�Z,
g�
295-s44
77-3 - c��f�m �sA��z� a��2a,
_15�+r�4Cr
Soa JDW;4LLS — e 6vt;;?Ac. 6XA2ES-S wk1T/L4 64/4&-Jcd dX,4&'OJJW4f
t
�G}
aA,t Cr V-2,5' GOuAI olz -5 l4 v /"74 6r1i3O-4
1,50, 6 1 _
_
soc)w.�vtr.4c(.,t — SA4TOMAS EXf3Q9SSov'A-/I P -ASE La
SO
CDxWAC'T 7.4'�� CfJJJ'y e(' S',AN;YI OLAAd
1
21 G, 9 Z /'7
Pit S% Gl1 4QLE75 M Sh-fj.J&W — Y/}Qr,>Z W�4 n o 4.4 /•J S, ,V4A,6fvT
78
co li,,Jrf — SAM m4 —,z-rr GU - D 13 M -t �T
f4,Fc.047- 1tika 301 S,4e4nIA - s 04 LY CiYr
SA�J HA7p30CJJ�;y 77�n��„- D��;njC,r
PROPOSAL 2/4
1.
2.
3.
4.
5.
6.
Name of Proposed Sub -Contractor, if any
(Section 4104 Government Code)
- N005
Address of Shop or Office of Sub -Contractor
(Section 4104 Government Code)
1.
2.
3.
4.
5.
6.
WA
[,,'ork to be performed by Sub -Contractor
(Section 41C4 Government Code)
1.
2 //
3 II/A
4.
5.
6
PROPOSAL Page 3/4
A. BID DOCUMENTS, continued
IF YOU A.RE a`T LIDIVIDUAL, SO STATE. IF YOU ARE A FI2-M OR CO -PARTNERSHIP,
STATE T''E r Kl N.`L!E- AND LIST_THE NAMES OF ALL I\7DIVIDLT�L CO-PARTNERS
CO`TOSI`;G THE FIRM. IF A CORPORATION, STAT'T LEGAL NAME OF COR_PORATIO:N,
ALSO, :La -{ES OF PRESI-DE`TT, SECRETARY TRE_ -%SURER A.\TD :WAGER. THE CORPORATE
SEAL `!LST BE
1'.2E OF BUSINESS: Individual
Cc -Partnership
Corporation ✓
Joint Venture
Other
(describe)
VANE AND
SIGNATURE OF 3IDDF?,:
7-OW,5.$ PX0FdA& &r ,dCQE?L ,Q?00Uc.7'XS INC. db
P,01A]rC (Cor1G.�E�� R4�WvC.7 s
Date MA (^li //l /9 8/
Addenda Received:
1 2 3 4 5
Proposal 4/4;
Jess �. T��s, �.�S�t��T'%��,✓A�-�
JEss J. 7vAu&J
L10f,