81-004 Collishaw Corp. Landcaping projects Miller Ave (79-23) and Stevens Creek Blvd. (80-06)CONTRACT FOR. Fli54L-1C i,!ORK
C4ONTQCT made on January 8, 1981 �-
by the CITY OF CUPERTINO, a imunicipal corporat_on of the State
of California, hereinafter called the Cit-jr, and
COLLISHAW CORPORATION
hereinafter called the Contractor.
IT IS HEREBY AGREED by the parties as fo11oTws :
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1.. The Contract Documents . The complete Cantr?ct con-
sists of the following contract documents: 0
a. Plans and Specifications entitled, STEVENS CREEK BOULEVARD•LANDSCAPING -
PROJECT 80-06 and MILLER AVENUE LANDSCAPING - PROJECT 79-23.
b. Various bond and insurance requirements.
c. Bid proposal attached hereto as "Exhibit A".
Any and all obli�ations of the City and the Contactor ar- ;fully
set forth and described therein.
All of the above documents dre intended tc ccooerate so
that arty aorl called for il'i one and not mentioned in the oi;zer
or vice versa, is to be executed the same as i1' m-entioned in. all
of said documents. The documents CO-nprising* the complete con-
tract: are someti.::es hereinafter referred to as t"ne Contract
Dccu-
Ments. In case of conflict between the Plans and �pecifi .=tions
on the one hand, and this Contract on the other, the Plans cr:d
Speci"ications shall prevail.
2. Thcr!CThe Contractor agrees to turn-sh all of
the tools, equip-lentapparatus, facil-hies, labor, transporta-
tion, and material necessary to perform and complete in F_ good
and I�lorikmnanli1Ce :..ginner, the j4ork Of ("
STEVENS CREEK BOULEVARD LANDSCAPING - PROJECT 80-06
MILLER AVENUE LANDSCAPING - PROJECT 79-23
as called.for, and in the manner designated in, and in strict
conformity aith, the Plans and Specifications prepared by the
following named person:
Bert J. Viskovich, Director of Public Works
and adooted by the City, which Plans and Specifications are en-
titled, respectively,
STEVENS CREEK BOULEVARD LANDSCAPING - PROJECT 80-06
MILLER AVENUE LANDSCAPING - PROJECT 79-23
and w1nich Plans and Specifications are identified by the signa-
tures of the parties to this Contract. It is understood and
agreed that said tools, equipment, anparatus, facilities, labor,
transportation, and material shall be furnished, and th at said
work shall be oerformed 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 oi.' the
City, or its representative. The City hereby designates as its
representative for the purpose of this Contract the folloWino
named oerson:
Bert J. Viskovich, Director of Public Works
3. Contract Price. The City agrees to pay, and the
Contractor agrees tG accept, in fell Dayment for the work above
d.��T'eed t0 be done, the sum Of. SEVENTY-TWO THOUSAND FIVE HUNDRED FORTY-SIX
DOLLARS ($72,546.00).
subject to additions and deductions as provided in the Contract
Documents.
4. Disputes Pertaining, to Payment for Work. Should
any dispute arise respecting the true value of any work done,
of any work omitted, or of any extra ;cork. which the Contractor
may be required to do, or respecting the size of any pa.yrnert 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 acco-rdance .-rith 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 ; Co^Ulianee with Lary. The Contractor shall,
at his expense, obtain all necessary permits and licenses, ease-
ments, etc. , for the construction of the project, give all neces-
sary notices, pay all fees required by laa, and comply with all
laws, ordinances, rules and regulc ti cns relating; to the aor'k
and to the presery .tion of the public health and safety.
6. Insbection by the City. The Contractor shall at
all times maintain proper facilities and orovide safe access for
inspection by the City to all parts of th;iork, and to the shops
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:therein the cork is in preparation. Where the Specifications
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 thereto by the latter. Should any such work be
covered up without such notice, aroval, or consent, it must,
if required by the City, be uncov'e'red for examination at the
Contractor's expense.
7. Extra or Additional Work and Changes. Should the
City at any time duri n� the proc-ress of the .-rork require any
alterations, deviations, additions or oinissi ons from the Speci-
fications or Plans or other Contract Documents, it shall have
the right to do so, and the same shall in no tray affect or sake
void the contract, but the cost or value thereof will be added
UO, or deducted from, the amount of the contract price, as the
case may be, by a fair and reasonable valuation, which valuat- en
shall be determined either by reference to the unit prices, if
applicable, or in accordance :with the agreement of the parties,
or in accordance with the rules of the American Arbitration
Assocation if the parties are unable to agree. No extra :•;or:
shall be performed or change be made except by a writ order
from the City, duly authorized by resolution of its governing
body, a_id by all agencies whose approval is required by lair,
statin° that the extra work or chano-e is authorized, and no
claim for an addition to the contract sum shall be valid unless
so order --d.
8. Changes to Meet Environmental RecuireTents. The
City shall have the ri ght to mace charges in this Conzract
during t'he course of construction to -bring the completed im-
provements into compliance with environmental requirements or
standards established by state and federal statutes and re-rula-
tions after the Contract has been awarded or entered into. The
Contractor shall be paid for by such chanes either by reference
to the unit prices, if 3ppli cable, or in accordance with the
agreement of the parties, or in accordance with the rules of the
Ameri can Arbitration Association if the parties are unable to
agree.
9. Termination, Amendments or Modifications. T`hLs
Contract may be terminated, amended or modified 3 t-tith the mutual
consent of the parties. The compensation payable, if any, for
such termination, amendment or modifications, shall be deter-
mined either by reference to the unit price, if applicable, or
in accordance aith 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 Completion. All work under this Contract
shall be completed before the expiration of fifty (50) working days from the
approval of the contract.
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If the Contractor shall be delayed in the ,.;ork by the
acts or neglect of the City, or its employees, or those under
it by contract or other;,rise, or by changes ordered in the cork,
or by stri,ces , lockouts by oche -^s, fire, unusual delay in trans-
portation, unavoidable casualties or any causes.beyond the Con-
tractor's control, or by delay authorized by the City, or by
any cause which the City shall determine justifies the delay,
then the time of 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 3reach, etc. if the Contractor
should be adjudged a banicrupt, or if ::e should mal, -,e a general
assignment for the benefit of iris creditors or if a receiver
should be ancointed_cn account of Innis insolvency, or if he or
any of his subcontractors should violate any of the provisions
of the .Contract, the City may serve written notice uoon him and
his surety of its intention to ter-minate `hrz Contract, such
notice to contain the reasons for such intention to terminate
the Contract, and, unless within ten days after serving- of such
notice, such violation shall ease and sati sfactor- arran11 gements
for correction thereof be made, the Contract shall, upon the
expiration of said ten days, cease and terminate. In the event
of any such terminat ion., the City shall immediately serve written
notice thereof upon the surety and the Contractor, and the surety
shall have the ri g`it to take over and perform the Contract; pro-
vided, hoT-rever, that, if the surety within fifteen days aft;:r
the serving uoon it of notice of termination does not give the
City written notice of its intention to take over and perform
the Contract, or does not ccrl:ence performance thereof within
thirty days from the date of the serving of such notice, the
City may take over the wor'1k, and prosecute the same to completion
by contract, or by any other method it may deem advisable, fcr
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, erithout liability for so doing, take possession of,
and utilize in comuleting the work, such m terials, appliances,
plant and other property belonging to the Contractor as may be
CD
on the site of the crork and necessary therefor.
13. The City's Rie-ht to 'Hithhold Certain remounts and
Make. Aupli catio '='hereoI in addition to the amount, ;vhlctl the
11. inspection and Testing
of M�ateri als
. The Con-
tractor
shall .roti y the City
a sufficient
time in advance of
the
manufacture or production
of materials
to be
supplied by
him
under this Contract, in order
that the
City r-tay
arrange
for
mill or factory inspection
and testing
of the
same, if the
City
requests such notice from
the Contractor.
12. Termination for 3reach, etc. if the Contractor
should be adjudged a banicrupt, or if ::e should mal, -,e a general
assignment for the benefit of iris creditors or if a receiver
should be ancointed_cn account of Innis insolvency, or if he or
any of his subcontractors should violate any of the provisions
of the .Contract, the City may serve written notice uoon him and
his surety of its intention to ter-minate `hrz Contract, such
notice to contain the reasons for such intention to terminate
the Contract, and, unless within ten days after serving- of such
notice, such violation shall ease and sati sfactor- arran11 gements
for correction thereof be made, the Contract shall, upon the
expiration of said ten days, cease and terminate. In the event
of any such terminat ion., the City shall immediately serve written
notice thereof upon the surety and the Contractor, and the surety
shall have the ri g`it to take over and perform the Contract; pro-
vided, hoT-rever, that, if the surety within fifteen days aft;:r
the serving uoon it of notice of termination does not give the
City written notice of its intention to take over and perform
the Contract, or does not ccrl:ence performance thereof within
thirty days from the date of the serving of such notice, the
City may take over the wor'1k, and prosecute the same to completion
by contract, or by any other method it may deem advisable, fcr
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, erithout liability for so doing, take possession of,
and utilize in comuleting the work, such m terials, appliances,
plant and other property belonging to the Contractor as may be
CD
on the site of the crork and necessary therefor.
13. The City's Rie-ht to 'Hithhold Certain remounts and
Make. Aupli catio '='hereoI in addition to the amount, ;vhlctl the
City may retain under Paragraph 21 of this Contract until tine
final completion and acceptance of all work covered by the Con-
tract, the City may �•rithhold from payment to the Contractor
such an amount or amounts as in its judo ent may be necessary
to pay just claims against the Contractor or any subcontractors
for labor and services rendered and materials furnished in and
about the wor:'. The City may apply such withheld amount or
amounts to the payment of such claims in its discretion. In
so doing, the City shell be deemed the agent of the Contractor,
and any payment so made by the City shall be considered as a
payment made under the Contract by the City to the Contractor,
and the City shall not be liable to the Contractor for any such
payment made in good faith. Such payment may be made without
prior judicial determination of the claim or claims.
14. Notice and Service Thereof. Any notice from one
party to the other under the Contract shall be in writing, and
shall be dated and signed either by the' party giving such notice,
or by a duly authorized representative of such parte. 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 Mana—
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
project, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to said Contractor at
1515 Walsh Avenue
Santa Clara, California 95050
postage prepaid and certified; and (c) if the notice is given to
the surety or any other person, either by personal delivery to
such surety or other perscn, 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, ce, postage prepaid and cerci find.
15. Assi.;nment of Contract. Neither the Contract ,
nor any part thereof, nor moneys due or to become due thereunder,
may be assigned by the Contractor without the prior written ap-
proval of the City.
16. Compliance with Specifications of Materials. Anen-
ever in the Specifications, any material or process is indicated
or specified by patent or proprietary name, or by name ofmanu-
facturer, such Soecifications :rust be met by Contractor, unless
the City ac-rees in writing 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. The Contractor shall furnish
a surety bond in an amount at least equal to one hundred per -
cant (1005) of the contract price as security for the faithful
performance ,of this Contract. The Contractor shall also furnish
a separate surety bond in an amount at least equal to one hundred
percent (IOC ) of the contract price as security for the pavment
of all persons for furnishing materials, provisions, provender,
or other supplies, used in, upon, for or about the performance
of the work contracted to be done, or for performing any °;ror!c
or labor thereon of any kind, and for the pa.y;^ent of amounts
due under the Unemployment Insurance Code witch respect to such
work or labor in connection with this Contract, and for the pay-
ment of a reasonable attorney's fee to be fixed by the court, -in
case suit is brought upon the bond.
18. Insurance. The Contractor shall not ccmmence ,1or'11-_
under this Contract until he has obtained all insurance required
under this paragraph and such insurance has been approved by the
City, nor shall the Contractor alloT•r any subcontractor to com-
mence •work on his subcontract until all similar insurance re-
quired of the subcontractor has been so obtained and approved.
The Contractor shall furnish the City .w_Lth satisfactory proof
of -the carriage of insurance required, and there shall be a
specific contractual liability endorsement extending the Con-
tractor's coverage to include the contractual liability assume. -
by thle Contractor pursuant to this Contract and particularly
�'arajraph 19 hereof . Any policy of insurance req_ ul red of the
Contractor under tris Contract shall also contain an endorsement
providing; that thirty (30) days' notice must be jiver_ i n writing
to the City of any pending change in the limits of liability or
of any cancellation or modification of the policy.
(a) Workmen's Comoens- at'ion Insurance and Em-
ployer's Li abil_ty insurance. The Contractor shall ta'ce o;:t
and maintain daring the life of this Contract T.4rorkmen's Compen-
sation Insurance and Employer's Liability Insurance for all of
his employees e -loved at the site of the. project and, in case
any aork is subset, the Contractor shall require the subcontrac-
tor similarly to provide Workmen's Compensation Insurance andEmployer's Liability Insurance for all of the latter's employees
unless such *-employees are covered by the protection afforded by
the Contractor.
In signing this Contract the Contractor makes the fol-
lowing certification, required by Section 1851 of the Labor Code:
"I am aware of- the provisions of Section
3700 of the Labor Code which. require every em-
ployer to be insured agains' liability for
workmeh's compensation. or to undertake self-
insurance in accordance with tree provisions of
the code, and Igill comply with such provisions
M
before commencing) the performance of the work
of this contract."
(b) Liability Insurance. The Contractor shall
tare out anti :Maintain during the lite of this Contract such
Bodily Injury Liability and Property Damage Liability Insurance
as shall protect him and any subcontractor performi n- work. cov-
ered by this Contract from claims for damages for bodily injury,
including. accidental death, as .fell as from claims for property
da.,.age, in cluding third -party property damage, to include cov-
erave on property in the care, custody and control of the Con-
tractor, and also in-cluding Ttrhat are commonly known as the "X,
C, and U" exclusions (having to do ;111th blasting, collapse, and
underground property damage) , which may arise se from Contractorl s
operations under this Contract, whether such operations be by
himself or by any subcontractor or by anyone directly or i n -
directly employed by either of them and the amounts of such in-
surance shall be as follows:
Bodily Injury Liability Insurance in an amount
not less than $ 300,000.00 for injuries,
including accidental death, to any one person,
and, subject to the same limit for each person,
in an amount not less than $ 500,000.00 , on
account of one accident, and Property Da:,,age
Liability Insurance in an amount not less than
$200,000.00 The City and its officers and
employees, shall be named as additional insureds
on any such policies of insurance, .,rhi eh shall
also contain a provision that the insurance
afforded thereby to the City, its officers and
employees, shall be primary insurance to the
full limits of liability of tl1e 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 sha
t' cut and maintain for the benefit of both parties t ns
'n
Contra surance covering loss by fire, extende erage en-
dorsement P--'- ' (.rindstorm, hail, explosion ot, riot attending
a strike, civil co ., _ion, aircr. '_ aft , vees, smoke), and van-
dalism and malicious mise f upo. `, e entire structure on wh-1 ch
the cork of this Contract is done to one hundred percent
(100`0 of the insurable ue there _ . Proper evidence of such
insurance shall b rnished to the If the
City provide e fire insurance hereunder, anderlb-
actor
desires oader protection than the perils of los, ex-
_ covera,7e endorsement perils, and vandalism and mal
t Supply in or ex, as the case may be, in the blanc.
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0
0
Lr
D
Mi
gill attempt to obtain such broader
and the Contractor agrees t
hXQ
Lion.
19. `Hold Harmless. The Contractor will save, '.keep, and
hold harmless the City and all officers, employees, and agents
thereof from all damages, costs, or expenses, in lair 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 ;ror�., or
by reason of any infringement or alleged infr i nrement of the
patent rights of any person or persons, firm or corporation _n
consequence of the use in, on, or about said rrorr:, of any article
or material supplied or installed under this Con' -act. ldot;ri th-
stand_ng the above, the Contractor shall wherever it is. necessary
keep and maintain at his sole cost and expense during the course
of his operations under this Contract such T,rarnings, signs, and
barriers as may be required to protect the public. The provisions
of the preceding sentence shall not impose an -.r li'abili ty upon
the City and are for the express benef_t of the general public.
20. Hours of Work. Eight hours of labor during any
one calend ar day and forty hours of labor duri ng any one calendar
weer, shall constitute the maximum hours of service upon all ;rock
done hereunder, and it is expressly sti palated that no laborer
workman, or machanic employed at any time by the Contractor or
by any subcontractor or suhcont�t
racors under this Contract, upor
the ;,-ar'_k or upon any part of the.�or'c contemplated by this Con-
tract , shall be required or permitted to ,\rork thereon more than
eight hours during any one calendar day and forty hours during
any one calendar week, except, as provided by Section 1315 of
the Labor Code of the State of California, work performed by
employees of contractors in excess of eight hours per day and
forty hours during any one week shall be permitted upon publi c
work upon compensation for all hours worked in excess of eight
hours per day at not less than one and on6-half tides the basic
rate of pay. It is further expressly stio_ ulated that for each
and every violation .of Sections 1811-1815, inclusive, of the
Labor Code of the State of California, all the provi cions .,There-
of are deemed. to be incorporated herein, the Contractor shall
forfeit, as a penalty to the City, twenty-five Dollars ($25.00)
for each laborer, 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 :dork more than
eight hours in any one calendar day and forty hours in any one
calendar ,•reek in violation of the provisions of said Sections of
the Labor Code.
The Contractor, and each subcontractor, shall keep an
accurate record shot•ri ng the names of and actual hours T;roriced
each calendar day and each calendar ;reek by all laborers, wort.-
:ten, and mechanics employed by him in connection :rith 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 Enforcement of
the Department of Industrial Relations of the State of California.
21. I.-Ta,ge Rates. Pursuant to the Labor Code of the
State of California, or local la:•r thereto applicable, the City
has ascertained the ,general prevailing rate of per diem wages
and rats for holidays and overtime work in the locality in
t,hich this work is to be performed, for each craft, classi fica-
ti on, or type of laborer, rrorkman, or mechanic needed to execute
this Contract. The prevailing :rages so determined are set for.—I •
in the Specifications and made a part hereof. Neither the notice
inviting bids nor this Contract shall constitute a representation
of fact as to the prevailing :,age rates upon ,-:hich 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 hint, to pay not less than the said spe-
cified rates to all laborers, ,or':men, and mechanics employed
in the exec:ution.oJ. the Contract. It is further expressly sti-
pulated that the Contractor shall, as a penalty to the City,
forfeit twenty--f-Lve dollars ($25.00) for each calendar day, or
porticn t:iereo=, for each laborer, ,.iorkman, or mechanic paid less
than the. stipulated orevailino rates for any .,Torr. done under
this Contract by him or by any subcontractor under hi-ni; and Con-
tractor ao-rees to comply ,lith all provisions of Section X775 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,
admini strative, clerical, or other non -manual .,ior'.kers as such) .
for which no minimum Wage rate is herein specified; `he Contrac-
tor shall immediately notify the City, :,ho .ill pro-ptly - e-
th
after determine the prevailing rate for such additional trade
or occupation and scall -furnish the Contractor :,ith the minimum
rate based thereon. .The ni.nimu:-rt rate thus furnished shall be
applicable as a minimum for such trade or occupation 'roc, the
time of the initial employment of the person affected and during
the continuance of such employment.
22. Accident Prevention. Precaution shall be exer-
cised at all times for the protection of persons (including em-
ployees) and property. The safety provisions of applicable la;;s,
buildinL- and construction codes shall be observed. 1.1achinery,
equipment, and other hazards shall be guarded or eliminated in
accordance Frith -the safety provisions of the Construction Safaty
Orders slued by the Industrial Accident Commission of the State
of California.
23. Payment. Not later than the 30th day of each
calendar month, the City will make partial payment to the Co:i-
tractor on the basis of a duly certified approval estimate of
the work. perfor^ed and Materials incorporated in the project,
during the preceding calendar month, by the Contractor, but the
City will retain ten percent ( 10 6) of the
a.Mount of each of said estimates until the expiration of thirty-
five (35) days from tine 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 days after the acceptance
o,f completion of such Contract as evidenced' by resolution of
its governing body; or, i f such notice be not so recorded within
ten days, until the expiration of ninety-five (95) days after
the acceptance of completion of such :Mork of improvement as evi-
denced by -resolution of its governing body, at which time and
not before, the City shall pay to the Contractor the ..ihole of
the remaining ten percent ( 10 N) of said contract
price so held back as provided; said certifi cafes to be furnished
by and obtained from- the City's representative stating that the
payment or installment is due upon the basis of ?fork completed
and the amount then due and the City's representative shall, be-
fore the 15th of each month, deliver said certificates Lu1der
his hand to the City, or in lieu of such certificates, shall de-
liver to the Contractor, in writing, under his Nand, a just and
true reason for not issuing the certificates, including a state-
r.;ent of the defects --, if any, tc be remedied, to entitle the
Ccn ' actor to t_-4e certificate or certificai;es. In even of 'C'h
failure of the City's representative to furnish and dell-,.7e r said
certi'?icates or any of them,. or in lieu thereof, the wri ti n
a_oresai d, Vlithiri ten (10) days after the times aforesaid d, and
after written demand has been rade upon him for the same, the
Contractor may Tile demand with the City, and, in event said
certificat--s are not furnished within ten (10) days thereafter,
the same shall become due and payable.
In case the City's representative delivers the writing
aforesaid, in lieu of the certificates, then a compliance by the
Contractor ;lith the requirements of said writing shall entitle
the Contractor to the certificates.
The payment of progress payments by the City shall not
be construed as an absolute acceptance of the work done up to
the time of such payments, but the entire work is to be subjected
to the inspection and approval of the City, and subject to tilnat-
ever inspection and approval may be required by law.
24. Protection
be responsible, as between
the removal, relocation, o
ties, if any., located on t
such public utilities are
Plans and Specifications m
of Public Utilities. The City shall
the oarties to this Contract only, for
r protection of existing public ut- li-
ne site of construction, but only ii
not identified by the City in the
ade a part of. the invitation for bids.
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T;10 City shall compensate the Contractor for costs incurred in
relocating or repairing damage to utility facilities not indi-
cated in the Plans and Specifications, other than service lat-
erals :•Then the presence of such utilities on the constriction
site can be inferred from the presence of such visible faclli=
ties as buildings, and meters and junction boxes 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 service laterals as herein-
above described, he shall immediately notify the City in writing.
. 25. Contractor's Responsi bili tv for the Work-. The
Contractor shall not be responsible for the cost of repairi no
or restorinP dar age to the work caused by an act of God. NEVER-
THELLSS, the Contractor shall, if the insurance premium is a
separate bid itelm, obtain the insurance to indemnify the CitY
for any damage to the ,•rork caused by an ac.t of God. "Acts of
God" shall include only the following occurrences or, conditions
and effects: earthquakes and tidal waves, when such occurrences
or condit' ons and effects have been proclair..ed a disaster or
state of emergency by the Governor of the State of California
or by the President of the United States, or were of a magnitude
at the site of the :rork sufficient to have caused a oroclzmation
of disaster or state of e-znrgency having occurred in a populated
area.: Subject to the foregoing, the City shall not, in any ,.ray
or manner, be answerable or suffer loss, damage, expense or
liability for any loss or damage that may happen to said build-
ing, work, or equipment or any part thereof, or in, on, or about
the same during its construction and before acceptance.
26. Contractor's Guarantee. The Contractor unquali-
fiedly guarantees the first-class quality of all workmanship and
of all materials, apparatus, and equipment used or installed by
him or by any subcontractor or supplier in the project which is
the subject of this Contract, unless a lesser quality is expressly
authorised in the Plans and Specifications, in :which event the
Contractor unqualifiedly guarantees such lesser quality; and
CD
that the work 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) yearof the date of acceptance of completion of
this Contract by the City, the Contractor will forthwith remedy
such defect or defects ;•rithout cost to the City.
27. Liquidated Damages. Time shall be of the essence
of this Contract.. If the Contractor fails to complete, within
the time fixed for such completion, the cork hereinbefore men-
tioned and described and hereby contracted to be done and Der-
formad, he shall become liable to the City for liquidated dam-
a�-es in the sum of
dollars ($ 510.00�-
for each and every day duringr, rhich
said work shall remain uncompleted beyond such ti :.e for comple-
tion or unla-laextension thereof, Trrhi ch sum shall be preSumiad
to be the amount of damac-e thereby sustained by the City since
it would be impracticable or extremely difficult to fix the
actual dan?ge; and the amount of liquidated damages may be de-
ducted by the City from moneys due the Contractor hereunder,
or his assigns and successors at the time of completion, and
the Contractor hereunder, or his assi gns and successors at the
time of completion, and his sureties shall be liable to the
City for any excess.
28. Additional Provisions.
5 -IM
Contract I;j '1ITNESS !JHERE01
tlritten. ' .1 duplicate, tetre part1es
he
day ar.d year
APPROVED AS T0. EORI.,
CitY Attorney
ATTEST;
-t3 Clergy
Notary cknowledgment required.
If a corporation
and corporate ' corporate sea
nol
regsired, notary acknowledgment
have Qxecute
first or d this
h. eirlabo 1e
CITY OP CUPE'
corporation ofI?\IO' a ''�uniC1Dal
Cali form c.ie State of
the City a, her`1n called
nerezn calledray C
ontracZ:or
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On 19 , before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
14ITNESS my hand and official seal.
------------------------
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA)
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
ss.
On /Ce"e, '::; , 19 (JPd , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
known to me
to bele �_/L_ E�O,c ('�,.1 of t� r CILL4 , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, 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.
i��' g"
Notary Public in aa for the County
of Santa Clara, State of California
BET1Y HOGE
NOTARY PUBLIC - CALIFORNIA
SANTA CLARA COUNTY
My commission expires June Z9, 1984
(` PROPOSAL l
STEVENS CREEri BOL-LEV�3D L-a-Z;DSCAPING - PROJECT 30-06
?TILLER VEN-GE LA,\F SC.A21.;G - PROJECT 79-23
TO: T'ne Director of Public works, City of Cu?ar_ino, State of California
Dear Sir:
In compliance with the sbecifications furnished for the Projact 30-05 and
Project 79-23, I, the undersigned, hereby declare Chat I have read :aa proposal
require=ants and hereby propose to do all. wort: required to ccmp:ece t`.ie said
work in accordance with the Specifications and/or Plans Lor t.'.e arzcunts sar
forth herein on the incorporated schedule.
The Base Bid shall include all work and require en:s descr;'jed in the Contract
Documents, Specifications and Drawings, except items describes in Cha additive
Alternate Bid Ita=s .
In genera'_, the work shall be to provide and install all irrigation aid o1 an Cine
work as tailed for on the Plans or outlined in the Specificatic 73 , A11 pork
shall be done in a workmanship -like manner and shall =eat or exceed
standards s�ecifiad.
A bid
'bond ih :e
amount of 10 is rea::irad. sward
sward shall Da '?
-'2 c; t
qualified
bidder;
however, the City Council the _ _
:J re'ec- any
or all
b -4--s. Additive
bid ite-q shall be awarded in sequence
if award of
either
bid items is
considered by the Ci:, Council.
3ID
ITEM
T,-�' 7
DES CRI?T7-0'
L
1. _ ��_ -
n
T`J_ 1'
1.
L.S.
Provide for removal of soil and
asphalt concrete in median co^_rlete
for F/VE iffnd5.4,J> 1516 y- q,U�J eCo
I FT -y
L.S.
Dollars/ L.S.
2•
700 C.Y.
Provide for the installation of
top soil to finish grade in medians
complete for TES/ Pft4,445 A -JD
_7wE��-y � /GNT our tru.vd��r,�s
28 la
7�9(n
C.Y.
Dollars/C.Y.
PROPOSAL 1/3
B ID
ITEM
UNIT
DESCRIPTION
WIT PRICE
TOTAL
3.
L.S.
Provide and install irrigation
system complete for TiyE.yQ Two
7�fo✓Sr��ID FivE N u•� 02��
L.S.
Dollars/L.S.
4.
L.S.
Provide acid install landscaping
complete and in place for 'rill 9-
FryE 7 ,40d sem./ fl
L.S-
Dollars/L.S.
5.
L.S.
Provide for all necessary Traffic
control complete for�lJO Ti�Ot15�3�JD
L.S.
Dollars/L.S .
%Z� 5-116eek
TOTAL BASE BID
$
L? tO 80
DEDUCT
ALTERNATE }BID ITFi
BID
ITEM
UNIT
DESCRIPTION
UNIT PRICE
TOTAL
A-1
L.S.
Deduct the cost of one arbor on
`
sheet (L-4) and replace with 5
' pinus canariensis, 13 gallon
container complete for S/X TNO(1--1%4AjD
00
S
Dollars/L.S.
A. BID DOCUMENTS, continued
BIDDER OU L IFICATION FORM
In further compliance with the specifications furnished, the undersigned
submits the follcwing.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? $ yF-A,Q.S
(2) How many years'experience in work comparable with that required
under the proposed contract has your organization had by this or
any other name? ZO yEA,ey
(3) Contractor's License No. Z r71/671 , State of California,
Classification 67,7 , R-
(4) List work similar in character to that required in the proposed
contract which your organization or personnel in your organization
has commleted within the past three years.
Year Class, Location of [fork and for [dhom Performed Contract Amount
19 $o VAR -14.0 f� c�Vf�2nNo
bE A4ZA Bt -V 1� . edROOe-7111e0
PROPOSAL 3/5
1 Name of Proposed Sub -Contractor, if any
(Section 4104 Government Code)
1.
2. '
a
4.
5.
6.
2.
3.
4.
5.
6.
3.
4.
5.
6.
Address of Shop or Office of Sub -Contractor
(Section 4104 Government Code)
Work to be performed by Sub -Contractor
(Section 4104 Government Code)
PROPOS-Al 4/5
A. BID DOCUMENTS, continued
3 .. 1 N
f
IF YOU ARE AN I`IDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-?ARTNERSHIP,
STATE THE FI3.11 NAME AND LIST -THE NAX`fES OF ALL INDIVIDUAL CO-PARTNERS
CO%POSIYIG THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
ALSO, .IA`TES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. THE CORPORATE
SaU :NST BE AFFIXED.
TYPE OF BUSINESS: Individual
Co -Partnership
Corporation C'b1L�Sf/A�t1 CO�PaR�FTtO�J �qC� CO GC/SN.4tJ
,c, _c MA -y —Tits u
Joint Venture
Other
(describe)
NA:1E AND
SIGNATURE OF BIDDER:
Date PCCC. 5f0— /0, /9Sri
Addenda Received:
0 2 3 4 5
Proposal 5/5
Cavi -s.4 Cd p
WA t_.sy. A ✓E .
Address
5AAJM CGAWA CA- 450So