89-120 Community Electric, Inc. - Traffic signal modification on Pruneridge Ave @ HP Driveway, and Tantau Projects 4026 and 5007 Reso 7718� '�- 12.0
CONTRACT FOR PUBLIC WORKS
This CONTRACT made on June 19, 1989 , 1989 by the CITY OF CUPERTINO,
a municipal corporation of the State of California, hereinafter called CITY,
and COMMUNITY ELECTRIC, INC., hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents:
a. Bid Documents (Notice to Contractors, Proposal, Time for Completion,
Estimated Quantities, Bidder Qualification Form, Sub -Contractors Form and
Signature Form), referred to as Exhibit A.
b. Standard Specifications, General Provisions and Special Provisions.
c. Plans and Specifications for TRAFFIC SIGNAL MODIFICATION on PRUNERIDGE
AVENUE at HEWLETT PAC19M DRIVEWAY and at TANTAU AVENUE, PROJECT 4026 and
5007.
d. Faithful Performance Bond and Materials Bond.
e. Insurance Certificates.
f. This Contract for Public Works.
Any and all obligations of CITY and CONTRACTOR are fully set forth and
described herein.
All of the above documents are intended to cooperate so that any work
called for in one and not mentioned in the other, or vice versa, is to be
executed the same as if mentioned in all of said documents. The documents
comprising the ccmplete contract are sometimes hereinafter referred to as the
Contract Documents. In case of conflict between the Plans and the
Specifications on the one hand, and this Contract on the other, the Plans and
Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment,
apparatus, facilities, labor, transportation and materials necessary to
perform and complete in a good and working order, the work of TRAFFIC SIGNAL
MODIFICATION on PRUNERIDGE AVENUE at HEWLETT PACKARD DRIVEWAY and at TANTAU
AVENUE, PROJECT 4026 and 5007, as called for, and in the manner designated in,
and in strict conformity with, the Plans and Specifications prepared by the
Engineer and adopted by CITY, which Plans and Specifications are entitled,
respectively, TRAFFIC SIGNAL MODIFICATION on PRUNERIDGE AVENUE at HEWLETT
PACKARD DRIVEWAY and at TANTAU AVENUE, PROTECT 4026 and 5007, 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 materials shall be furnished, and that
said work shall be performed and completed as required in said Plans and
Specifications under the sole direction of CONTRACTOR, but subject to the
inspection and approval of CITY, or its representative. CITY hereby designates
as its representative for this Contract the Engineer, Mr. Bert J. Viskovich.
Contract Page 1
CONTRACT FOR PUBLIC WORKS(Continued)
PROTECT 4026 and 5007
3. CONTRACT PRICE. CITY agrees to pay, and the Contractor agrees to accept,
in full payment for the work above agreed to be done, the stun of NINETY-TWO
THOUSAND THREE HUNDRED FIFTY DOLLARS ($92,350. 00), subject to additions and/or
deductions as provided in the Contract Documents, per Exhibit A attached
hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work omitted, or of any
extra work which CONTRACTOR may be required to do, or respecting the size of
any payment to CONTRACTOR during the performance of this Contract, said
dispute shall be determined either by reference to the Unit Prices bid, if
applicable, or in accordance with agreement of prices, if applicable, of 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. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction
of the project, give all necessary notices, pay all fees required by law, and
comply with the laws, ordinances and regulations relating to the work and to
the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper
facilities and provide safe access for inspection by CITY to all parts of the
work, and to the shops wherein the work is in preparation. Where the
Specifications require work to be specially tested or approved, it shall not
be tested or covered up without timely notice to CITY of its readiness for
inspection and without the approval thereof or consent thereto by CITY. Should
any such work be covered up without such notice, approval, or consent, it
must, if required by CITY, be uncovered for examination at the Contractor's
expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the
progress of the work require any alterations, deviations, additions or
omissions from the Plans or Specifications or the Contract Documents, CITY
shall have the right to do so, and the same shall in no way affect or make
void the Contract, but the cost or value thereof will be added to, or deducted
from, the amount of the Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined either by reference to the
Unit Prices bid, if applicable, the Standrad Specifications, 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. No extra
work shall be performed or change be made except by a written order from CITY,
duly authorized by resolution of the City Council, and by all agencies whose
approval is required by law, stating that the extra work or change is
authorized, and no claim for an addition to the Contract sum shall be valid
unless so ordered.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the right to
make changes in this Contract during the course of construction to bring the
completed improvements into compliance with environmental requirements or
standards established by State and Federal statutes and regulations after the
Contract has been awarded or entered into. CONTRACTOR shall be paid for such
changes either by reference to the Unit Prices bid, 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.
Contract Page 2
CONTRACT FOR PUBLIC WORKS(Continued)
PROTECT 4026 and 5007
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be
terminated, amended or modified, with the mutual consent of the parties. The
compensation payable, if any, for such termination, amendment or modification,
shall be determined either by reference to the Unit Price bid, if applicable,
the Standard Specifications, or in accordance with the agreement of the
partie, 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 in
accordance with the Time for Completion section in the proposal and the
Specifications of this project. If the Contractor shall be delayed in the work
by the acts or neglect of CITY, or its employees, or those under it by
contract or otherwise, or by changes ordered in the work, or by strikes,
lockouts by others, fire, unusual delay in transportation, unavoidable
casualties or any causes beyond CONTRACTOR'S control, or by delay authorized
by CITY, or by any cause which CITY shall determine justifies the delay, then
the time of completion shall be extended accordingly. This paragraph does not
exclude the recovery of damages for delay by either party under other
provisions in the Contract Doc=ents.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a
sufficient time in advance of the manufacture, production or testing of
materials to be supplied under this Contract, in order that CITY may arrange
for mill, factory or laboratory inspection and testing of same.
12. TER=ATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a
bankrupt, or should make a general assignment for the benefit of creditors, or
if a receiver should be appointed on account of insolvency, or if CONTRACTOR
or any sub -contractor should violate any of the provisions of the Contract,
CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its
intention to terminate the Contract. Such notice shall contain the reasons for
CITY'S intention to terminate the Contract, and unless within ten(10) days
after serving of such notice, such violation shall cease and satisfactory
arrangements for corrections thereof be made, the Contract shall, upon the
expiration of said ten(10) days, cease and terminate. In the event of any such
termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S
surety and CONTRACTOR, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within
fifteen(15) days after the serving upon it of notice of termination does not
give CITY written notice of its intention to take over and perform the
Contract, or does not comence performance thereof within thirty(30) days from
the date of the serving of such notice, CITY may take over the work and
prosecute the same to completion by contract, or by any other method it may
deem advisable, for the account and at the expense of CONTRACTOR, and
CONTRACTOR and CONTRACTOR'S surety shall be liable to CITY for any excess cost
occasioned by CITY thereby, and in such event CITY may, without liability for
so doing, take possession of, and utilize in completing the work, such
materials, appliances, plant and other property belonging to CONTRACTOR as may
be on the site of the work and necessary therefor.
Contract Page 3
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 4026 and 5007
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION
THEREOF. In addition to amounts which CITY may retain under other provisions
of the Specifications until final completion and acceptance of all work
covered by the Contract, CITY may withhold from payment to CONTRACTOR such an
amount or amounts as in its judgement may be necessary to pay just claims
against CONTRACTOR or sub -contractors for labor and services rendered and
materials furnished in and about the work. CITY may apply such withheld amount
or amounts to the payment of such claims in its discretion. In doing so, CITY
shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall
be considered as a payment made under the Contract by CITY to CONTRACTOR, and
CITY shall not be liable to CONTRACTOR for any payment made in good faith.
Such payment may be made without prior judicial determination of the claim or
claims. With respect to any retention of payment by CITY to ensure performance
of the Contract, CONTRACTOR will be entitled to substitute securities as
provided in Section 4590 of the California Government Code as more fully
described in CITY'S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under
this 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
party. Any such notice shall not be effective for any purpose whatsoever
unless served in the following manner: (a) if the notice is given to CITY
either by personal delivery thereof to the Engineer of CITY, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to
CITY, postage prepaid and certified; (b) if the notice is given to CONTRACTOR,
either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly
authorized representative at the site of the project, or by depositing same in
the United States mails, enclosed in a sealed envelope, addressed to
CONTRACTOR at COMMUNITY ELECTRIC, INC., 27 INDUSTRIAL WAY, GREENSRAE, CA 94904
postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S
surety or any other person, either by personal delivery thereof to
CONTRACTOR'S surety or other person, or by depositing same in the United
States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety
or person, as the case may be, at the address of CONTRACTOR'S surety or the
address of the person last communicated by such person to the party giving the
notice, postage prepaid and certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor
moneys due or to become due thereunder, shall be assigned by CONTRACTOR
without the prior written approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by patent or
proprietary name, or by name of manufacturer, such Specifications must be met
by CONTRACTOR, unless CITY agrees in writing to some other material, process
or article offered by CONTRACTOR which is equal in all respects to the one
specified. It shall be CONTRACTOR'S responsibility to prove equality of any
such material, process or article offered as a substitution to the one(s)
specified.
Contract Page 4
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 4026 and 5007
17. W0='S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE.
CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of
CONTRACTOR'S employees employed at the site of the project. In case any work
is sublet, CONTRACTOR shall require any and all sub -contractors similarly to
provide Worker's Compensation and Employer's Liability Insurance for all of
the latter's employees unless such employees are covered by the protection
afforded by CONTRACTOR. In signing this Contract CONTRACTOR makes the
following certification, required by Section 1861 of the Labor Code: "I am
aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for worker's compensation or to
undertake self insurance in accordance with the provisions of the Labor Code,
and I will comply with such provisions before commencing the performance of
the work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the
protection of persons (including employees) and property. The safety
provisions of applicable laws, building codes and construction codes shall be
observed. Machinery, equipment and other hazards shall be guarded or
eliminated in accordance with the safety provisions of the Construction and
Safety Orders issued by the Industrial Accident Commission of the State of
California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be
responsible for the cost of repairing or restoring damage to the work caused
by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a
seperate bid item, obtain the insurance to indemnify CITY for any damage to
the work caused by Acts of God. "Acts of God" shall include only the following
occurances or conditions and effects: earthquakes and tidal waves, when such
occurances or conditions and effects have been proclaimed a disaster or state
of emergency by the President of the United States or by the Governor of the
State of California, or were of a magnitude at the site of the work sufficient
to have caused a proclamation of disaster or state of emergency having occur ed
in a populated area. Subject to the foregoing, 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 said building, work, or equipment or any
part thereof, or in, on, or about the same during its construction and before
acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-
class quality of all work and of all materials, apparatus and equipment used
or installed by CONTRACTOR or by any sub -contractor or supplier in the project
which is the subject of this Contract, unless a lesser quality is expressly
authorized in the Plans and Specifications, in which event CONTRACTOR
unqualifiedly guarantees such lesser quality; and that the work as performed
by CONTRACTOR will conform with the Plans and SPecifications or any written
authorized deviations therefrom. In case of any defect in the work, materials,
apparatus or equipment, whether latent or patent, revealed to CITY within
one(1) year of the date of acceptance of completion of this Contract by CITY,
CONTRACTOR will forthwith remedy such defects without cost to CITY.
Contract Page 5
CONTRACT FOR PUBLIC WORKS (Continued)
PROJECT 4026 and 5007
21. ADDITIONAL PROVISIONS. none
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
CITY OF CUPERTINO
By: Qe--Qz
yor
Attest: " V( - IN
�r
10AfV_4_'
city Clerk
Date: 4 _ ,1989
City Clerk
i
FAN
M
CAo10Lei goWeDOI't
Notary acknowledgement is required.
If a corporation, corporate seal and
corporate notary acknowledgement are
required.
Contract Amount:NINETY-TWO THOUSAND THREE HUNDRED FIFTY DOTLARS($92,350.00)
Account NLmtber:120-4026-953 and 120-5007-953
Purchase Order Number:
STATE OF CALIFORNIA
COUNTY OF .....Marin
s.
............
pr; OFFICIAL SEAL
CAROL NASS
NOTARY PUBLIC • CALIFORNIA
U MARIN COUNTY
x My Comm. Ewes Mr. 15,1993
On this .........2 5th..... day of ..... May ......................... . in the year
1989
.....................................................before me,
............
Carol..Nass ...... a
............................... . , . .. , Notary Public, State of California,
duly licensed and sworn, personally appeared. Wade White
....................
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as, President
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the withjP-ipstrument pursuant to its by-laws or a
resolution of its board of directors'. i l "
IN WITNESS WHEREOF I,have here / set y`hand-and affixed
my official seal in the .City' of.%San Rsaf awl ��ntof Marin
This document is only a general form which may be proper for use in simple O �]� ' '
transactions and in no way acts, or is intended to act, as a substitute for the .. ' . ' ' ' ' ' ' ' ' ' ;J' ' ' • • ' ruleset
rt a e in this certificate.
advice of an attorney. The printer does not make any warranty either express or implied as to the
legal validity of any provision or the suitability of these forms in any specific transaction.
Cowdery's Form No. 28 — Acknowledgement to Notary Public — Notary Public, State of California
Corporation (C. C. Secs. 1190-1190.1) — (Rev. 1/83)03-15-93
commissi n expires
lc. SOL=ON NO. 7718
• PESO=CN OF 1 = COUNCIL OF r 1 CIW OF
• --� r� •
:i 711 1 y « .. , •• •'
AND
1 • • ' SI-� • •• •WITH
• EN THE C(IF0=0
WHEREAS, there has been presented to the City Council a
"performance Agreement" between the Santa Clara County Traffic Authority
and the City of Cupertino in conjunction with the construction of that
certain segment of Route 85 within the City of Cupertino; and
WAS, the City Council has heard said Agreement ,read in full
and is familiar with the contents thereof;
NOW, TaREFORE, HE IT RESOLVED that the City Council of the City
of Cupertino hereby approves the "Performance Agreement" and authorizes
the Mayor and the City Clerk to execute said agreement in behalf of the
City of Cupertino.
PASSED AND ADOPIED at a regular adjourned meeting of the City
Council of the City of Cupertino on the 24th day of January , 1989,
by the following vote:
Vote Members of the City Council
AYES, Gatto, Johnson, Koppel, Rogers, Plungy
NOES: None
ABSENT: None
None
ATTEST:
/s/ Dorothy Cornelius
City Clerk