HomeMy WebLinkAboutMemorial Park Phase I Munkdale Construction Contract and Certificate of Completion_11.05.1973 MEMORIAL PARK PHASE I MUNKDALE CONSTRUCTION
CONTRACT AND CERTIFICATE OF COMPLETION 11 /5/73
CONTRACT FOR PUBLIC UORK
CONTRACT made on N-,-'LI7i
by the CITY OF CUPERTINO, a municipal corporation of the State
of California, hereinafter called the City, and L�
Munkdale Construction Co., Inc.
hereinafter called the Contractor.
IT IS HEREBY AGREED by the parties as follows :
1. The Contract Documents . The complete Contract con-
sists of the following contract documents : Proposal; Notice to Bidders; Q
Plans and Specifications for Memorial Park Phase I; Faithful Performance Bond;
Labor and Material Bond; Insurance Requirements; Bidder's Bond; and this
Contract.
Any and all obligations of the City and the Contractor are fully
set forth and described therein.
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 complete con-
tract are sometimes hereinafter referred to as the Contract Docu-
ments. In case of conflict between the Plans and Specifications
on the one hand, and this Contract on the other, the Plans and
Specifications shall prevail.
2. The Work. The Contractor agrees to furnish all of
the tools , equipment , apparatus , facilities , labor, transporta-
tion, and material necessary to perform and complete in a good
and workmanlike manner, the wort. of Q
Phase I Memorial Park with Alternates 2, 6, 7 and 9.
as called for, and in the manner designated in, and in strict
conformity; :!;th , the Plans and Specifications prepared by the
folloaino na--•:ed person:
d
Director of Public Works
and adopted by the City , which Plans and Specifications are en-
titled, respectively , phase I, Development of Memorial Park.
and which Plans and Specifications are identified by the signa-
tures of tie parties to this Contract . It is understood and
agreed that said tools , equipment , apparatus , facilities , labor,
transportation, and material shall be furnished, and that said
work shall be performed and completed as required in said Plans
and Specifications under the sole direction and control of the
Contractor, but subject to th::� inspection and approval of the
City, or its representative. The City hereby designates as its
representative for the purpose of this Contract the following
named person: 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 two hundred and eighty-one thousand
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one hundred and twenty-two dollars. ($281,122.00)
subject to additions and deductions as provided in the Contract
Documents .
4. Disputes Pertaining to Payment for ?'Mork. Should
any dispute arise respecting the true value of any work done ,
of any work omitted, or of any extra work. ,•rhich the Contractor
may be required to do, or respe-tins the size of any payment to
the Contractor during the performance of this contract , said
dispute shall be determined either by reference to the unit of
prices , if applicable , or in accordance with the agreement of
the parties , or in accordance with the rules of the American_
Arbitration Association if the parties are unable to agree.
5. Permits ; Compliance with Law. The Contractor shall ,
at his expense , obtain all necessary permits and licenses , ease-
ments, etc. , for the construction of the project , give all neces-
sary notices , pay all fees required by la :, and comply with all
laws, ordinances , rules and regulations relating to the work
and to the preservation of the public health and safety.
6. Insbection by the City. The Contractor shall at
all times maintain prover facilities and provide safe access for
inspection by the City to all parts of the work, and to the shops
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wherein the work is in preparation . There the Specifications
require work to be specially tested or approved, it shall not
be tested or covered uo wit,out timely notice to the City of
its readiness for inspection and tri,hout the approval thereof
or consent thereto by the latter. Should any such work be
covered up without such notice , approval , or .:onsent , it must ,
if required by the City , be uncovered for examination at the
Contractor's expense .
7. Extra or Additional Work and Changes. Should the
City at any time during the progress of the work require any
alterations , deviations , additions or omissions from the Speci-
fications or Plans or other Contract Documents , it shall have
the right to do so, and the same shall in no tray affect or make
void the contract , but the cost or value thereof will be added
to, or deducted from, the amount of :he contract price, as the
case may be , by a fair and reasonable valuation, which valuation
shall be determined either by reference to the unit prices , if
applicable , or in accordance with 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 thorn
shall be performed or change be made except by a wif tten order
from the City , duly authorized by resolution of its governing
body , and by all agencies whose approval is required by lake,
stating that the extra work or change is authorized, and no
claim for an addition to the contract sum shall be valid unless
so order--d.
8. Changes to Meet Environmental Re-uirer:_ents . The
City shall have the right to make charges in this Contract
during the course of construction to bring the completed im-
provements into compliance with environmental requirements or
standards established by state and federal statutes and regula-
tions after the Contract has been a:•rardcd or entered into. The
Contractor shall be paid for by such changes 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 t ,e
American Arbitration Association if the parties are unable to
agree.
9. Termination , Amendments or Modif cations . This
Contract may be terminated, amended or modified, t:ith 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 frith the agreement of the parties , or in accordance
with the rules of the American Arbitration Association if the
parties are unable to agree.
10. Ti,,,ie for Completion. All work under this Contract
shall be completed within one hundred and twenty (120) calendar days D
following the date of commencement, plus approved extensions.
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If the Contractor shall be delayed in the work by the
acts or neglect of the 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 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--
a3es for delay by either party under other provisions In the
Contract Documents.
11. Inspection and Testing of Materials. The Con-
tractor shall notify the City a sufficient timie in advance of
the manufacture or production of materials to be supplied by
him under this Contract , in order that the City may arrange
for mill or factory inspection and testing of the same, if the
City requests such notice from the Contractor.
12. Termination for Breach, etc. if the Contractor
should be adjudged a bankrupt , or if he should make a general
assignment for the benefit of his creditors, or if a receiver
should be appointed on account of his insolvency , or if he or
any of his subcontractors should violate any of the provisions
of the Contract , the City may serve written notice upon him and
his surety of its intention to terminate the 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 cease and satisfactory arrangements
for correction thereof be made, the Qontract shall, upon the
expiration of said ten days , cease and terminate. In the event
of any such termination, the City shall im-nediately serve written
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:•rever, that , if the surety within fifteen days after
the serving upon 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 commence performance thereof within
thirty days from the date- of the serving of such notice , the
City may take over the work anu prosecute the same to completion
by contract , or by any other method it r,:ay deem advisable , for
the account and at the expense of the Contractor, and the Con-
tractor and :his surety shall be liable to the City for any ex-
cess cost occasioned by the City thereby , and in such event the
City may , without liability for so doing, take possession of,
and utilize in completing the work , such materials, appliances ,
plant and other property belonging to the Contractor as may be
on the site of the work and necessary therefor.
13. The City 's Ri;ht to lHithhold Certain Amounts and
Make Application Thereof. In addition to the amount which the
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City may retain under P ra raph 21 of this Contract until the
final completion and acceptance of all work covered by the Con-
tract , the City -.ay with !old from payment to the Contractor
such an anouit or amounts as in its judgment 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 shall 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 tie contractor for any such
payment made in good faith. Such payment may be made without
prior judicial determination of the claim or claims .
3.4 . Notice and Service Thereof. Any notice from one
party to the other under the Contract shall be in nritin„ 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 fcr any purpose whatsoever unless
served in the following 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 Nails,
enclosed in a sealed envelope , addressed to said Contractor at
1405 N. Carolan Avenue, Burlingame, California 94010
postage prepaid and certified; and (c) if the notice is given to
the surety or any other person, either by personal delivery to
such surety or other person, or by depositing the same in the
United States mails , enclosed in a sealed envelope , addres.>ed
to such surety or person, as the case may be , at the address of
such surety or person 'Last communicated by him to the party
giving the notice , postage prepaid and certified.
15. Assignment of Contract . Neither the Contract ,
nor any part thereof, nor mo::eys due or to become due thereunder,
may be assigned by the Contractor without the prior written c.p-
proval of the City.
16. Compliance with Specifications of iaterials. When-
ever in the Specifications , any material or process is indicated
or specified by patent or proprietary name , or by name of manu-
facturer, such Specifications must be met by Contractor, unless
the City agrees in writing to some other material , process or
article offered by Contractor which is <:qual in all r!:spects to
the one specified.
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17. Contract Security. The Contractor shall furnish
a surety bond in an amour: at least equal to one hundred p_r-
cant (100 ; ) of the contract price as security for the fait:z;ul
performance ,of this Contract . The Contractor shall also furnish
a separate surety bond in an amount at least equal to one hundred
percent ( 100o') of the contract price as security for the payment
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 work
or labor thereon of any kind, and for the payment of amounts
due under the Unemployment Insurance Code with respect to such
Trro:k or labor in connection with this Contract , and for the pay-
ment of a reasonable at*:.orney's fee to be fixed by the court in
case suit is brought upon the bond.
18. Insurance . The Contractor shall. not commence I-Tork
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 Con . ...ctor allow 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 with satisfactory proof
of the carriage of insurance required, and there shall be a
specific contractual liability endorsement extending the Con-
tr� ctor' s coverage to include the contractual liability assur:ied
by the Contractor pursuant to this Contract and particularly
Paragraph 19 hereof. Any policy of insurance required of the
Contractor under this Contract shall also contain an endorsement
providing that thirty ( 30 ) days ' notice must be given in writing
to the City of any pending change in the limits of liability or
of any cancellation or modification of the policy.
(a) Wor'cmen' s Compensation Insurance and Em-
ployer' s Liability Insurance. The Contractor shall take out
and maintain during the life of this Contract ~Workmen's Compen-
sation Insurance and Employer' s Liability Insurance for all of
h-s employees employed at tho site of the project and, in case
any work is sublet , the Contractor shall require the subcontrac-
tor similarly to provide Workmen' s Compensation Insurance and
Employer'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 1861 of the Labor Code :
"I am aware of the provisions of Section
3700 of the Labor Code which require e:ve,U em-
ployer to be insured against liability for
workmeh's compensation or to undertake :elf-
insurance in accordance with t;-ie provisions of
the code, and I will comply with such provisions
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bef oi• corn.-,encing the performance of the work
of this contract . "
(b ) Liability Insurance. The Contractor shall
take out ana maintain durin- the life of this Contract such
Bodily Injury Liability and Property Damage Liability Insurance
as shall protect him and any subcontractor performing irork cov-
ered by this Ccntract from claims for damages fcr bodily injury,
including accidental death, as well as from claims for property
damage , in eluding third-party property darriage, to include cov-
erage on property in the care , custody and control of the Con-
tractor, and; also in *eluding what are commonly '.mown as the
C, and U" exclusions (having to do with blasting, collapse , and
underground property damage ) , which may arise from Contractor' s
operations under this Contract, whether such operations be by
himself or by any subcontractor or by anyone directly or in-
directly employed by either of them and the amounts of such in-
surance shall be as follo7s
Bodily Injury Liability Insurance in an amount
not less than $1,000,000.00 for injuries ,
including accidental death, to any one rerson,
and, subject to the same limit for each person,
in an amount not less than $1,000,00G.00 , on
account of one accident , and Property Da-mage
Liability Insurance in an amount not less than
$1,000,000.00 The City and its officers and
employees , shall be named as additional insureds
on any such policies of insurance , which 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 t:ie 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.
(e) Fire Insurance. The Contractor shall
take out and maintain for t bene-fit of both parties to this
Contract insurance covering loss by fire , extended coverage en-
dorsement perils (windstorm, hail, explosion , riot , riot attending
a strike , civil commotion , aircraft , vehicles , smo':e) , and van-
dalism and malicious mischief upon the entire structure on which
the work of this Contract i..; to be done to one hundred percent
(1005) of the insurable valu= thereof. Proper evidence of such
insurance shall be furnished to the Owner. If the
City provides the fire insurance hereunder, and the Contractor
desires broader protection than tee perils of loss by fire , ex-
tended coverage endorsement perils, and vandalism and malicious
Supply in or ex, as the case may be , in the blank .
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m schief, the City will attempt to obtair such broader nrotection
and the Contractor agrees to pay any additional cost for such
broader prole t on.
'I Mold Harmless . The Contractor will save , keep, and
hold harmless the City ar.� all officers , employees , and a.-ents
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 damiage to property sustained by any person or persons by
reason of, or in the course of the performance of said. :•iork, or
by reason of any infrin ement or alleged infringemient 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 article
or material supplied or installed under this Contract. Notwith-
standing 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 warnings , signs, and
barriers as may be required to protect the public. The provisions
of the precedin sentence shall not impose any liability upon
the City and are for the express benefit of the general public.
20. Hours of Work. Eight hours of labor during any
one calendar day and forty hours of labor during any one calendar
week shall constitute the maximum hours of service upon all work
done hereunder, and it is expressly stipulated that no laborer,
workman, or mechanic employed at any time by the Contractor or
by any subcontractor or subcontractors under this Contract , upon
the work or upon any part of the viork contemplated by this Coll-
tract, shall be required or permitted to ;fork thereon more than
Eight hours during any one calendar day and forty hours during
any one calendar week, except , as provided by Section 1815 of
the Labor Code of the State of California, work performed by
employees of contractors in excess of eight hours per day and
forty hours during any one wreek shall be permitted upon ;public
work upon compensation for all hours wor-ked in excess of eight
hours per day at not less than one and one-half times the basic
rate of pay. It is further expressly stipulated that for each
and every violation of Sections 1811-1815, inclusive , of the
Labor Code of the State of California, all the provisions where-
of are deemed to be incorporated herein, the Contractor shall
forfeit , as a penalty to the City , twtnt.y-five Dollars ($25. 00)
for each laborer, wor::roan , 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 work more 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 keep an
accurate record showing the names of and actual hours :forked
each calendar day and each calendar wreck by all laborers , wori:-
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mcri , and mechanics e:mpl^• by him. in connection with the work
contemplated by this Contract , .-rhich record shall be open at
all reasonblo hours to the inspection of the City or its offi-
cers or ag-ens and to the Division of Labor La:•r Enforcement of
the Department of industrial Relations of the State of California.
21. Wage Rates. Pursuant to the Labor Code of the
State of Califcrnia, or local laa thereto applicable , the City
has ascertained the c-e neral prevailing rate of per diem viages
and rates for holidays and overtire work in the locality in
which this :cork is to be performed, for each craft , classifica-
tion, or type of laborer, norkman, or mechanic needed to execute
this Contract . The prevailing :•rages so determined are set forth
in the Specifications and made a part hereof. Meitner the notice
inviting bids nor this Contract shall constitute a representation
of fact as to the prevailing wage rates upon ti•rhich 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 pay not less than the said spe-
cified rates to all laborers , workmen, and mechanics employed
in th-i execution of the Contract . It is further expressly sti-
pulated that the Contractor shall , as a penalty to the City,
forfeit twe:zty-five dollars ( $25. 00 ) for each calendar day, or
portion thereof, for each laborer, workman, or mechanic paid less
than the stipulated prevailing rates for any work done under
this Contract by him or by any subcontractor under him; and Con-
tractor agrees to comply with all provisions of Section 1775 u.f
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 workers as such)
for which no minimum 1,aage rate is herein specified, the Contrac-
tor shall immediately notify the City , who cvrill promptly there-
after determine the prevailing rate for such additional trade
or occupation and shall furnish the Contractor with the minimum
rate based thereon. The minimum rate thus furnished shall be
applicable as a minimum for such trade or occupation from 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 laws ,
building and construction codes shall be observed. I-iachinery ,
equipment , an^'di other hazards shall be guarded or eliminated in
accordance ailh •the safety provisions of the Construction Safety
Orders issued by the Industrial Accident Commission of the State
of California.
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23. Payme;zt . Not later than the 1st day of each ls-
calendar month , the City :rill make partial payment to the Con-
..ractor on the basis of a duly certified approval estimate of
the :•tort per_orn- d and -materials incorporate i in the project ,
d.ring the preceding calendar month , by the Contractor, but the
City will retain ten percent ( 10 J) of the U.
amount of each of said estimates until the expiration of thirty-
five (35) days from the date of recording by the City of notice
of acceptance of completion of all work covered by this Contract ,
if such notice be recorded vrithin ten days after the acceptance
of completion of such Contract as evidenced by resolution of
its governing body ; or, if such notice be not so recorded within
ten days , until the expiration of ninety-five ( 95) days after
t::e acceptance of completion of such :%rork of improvanent as evi-
denced by resolution of its governing body, at which time and
not before , the City shall pay to the Contractor the whole of .�
the remaining 10 percent ( 10 '10 c , said contract
price so held back as provided; said certificates to be furnished
by and obtained from the City ' s representative stating that the
payment or installment is due upon the basis of !,cork completed
and the amount then due and the City' s representative shall, be- _
fore the 2nd Mon. of each month, deliver said certificates under u
his hand to the City , or in lieu of such certificates , shall de-
liver to the Contractor, in writing, under his ;and, a just and
true reason for not issuing the certificates , including a state-
mant of the defencts , if any , to be remedied, to entitle the
Contractor to the certificate or certificates . In event of tale
failure of the City 's representative to furnish and deliver said
certificates or any of thenn, or in lieu thereof, the err ting
aforesaid, within ten (10) days after the times afore^aid, and
after written demand has been made upon him for the same , the
Contractor may file demand with the City, and, in event said
certificates 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 frith 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 :•ror_•c 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 what-
ever inspection and approval may be required by law.
24. Protection of Public Utilities . The City shall
be responsible , as between the parties to this Contract only ., for
the removal , relocation, or protection of existing public utili-
ties , if any , located on the site of construction, but only i �L
such public utilities are not identi- fied by the City in the
Plans and Speci ^ications made a part of th4 invitation for bids.
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City shall compensate the Contractor for costs incurred in
relocating or repairing dama-e to utility facilities riot indi-
cated in t:ze Plans and Specifications , other than service lat-
erals :rhea the presence of such utilities on the construction
site can be inferred fro:- the presence of such visible facili-
ties as buildinZs , and meters and ,, unction boxes on, or adja-
cent to, the construction site . The Contractor shall not be
assessed liquidated dama-es 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 Derforming 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 writin-g.
25. Contractor' s Responsibilitv for the Work. The
Contractor shall not be responsible for the cost of repairing
or restorin- da-na�e to the work caused by an act of God. NEVE'R-
T'riELESS, the Contractor shall , if the insurance premium is a
separate bid item, obtain the insurance to indemnify the City
for any damage to the work caused by an act of God. ".Acts of
God" shall include only the following occurrences or conditions
and effects : earthquakes and tidal craves , when such occurrences
or conditions and effects have been proclaimed a disaster or
state of emer-rency 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 work sufficient to have caused a proclamation
of disaster or state of emergency having occurred in a populated
area: Subject to the fore4oino, the City shall not , in any way
or manner, be answerable or suffer loss , damage , expense or
liability for any loss or damage that may happen to 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
authorized in the Plans and Specifications , in which evant the
Contractor unqualifiedly guarantees such lesser quality ; and
that the work as performed by the Contractor trill conform with
the Plans and Specifications or any written authorized deviations
therefrom. In case of any defect in work , materials , apparatus
or equipment , :whether latent or patent , revealed to the City
within two (2) years of the date of acceptance of completion of
this Contract by the City , the Contractor will forthwith remedy
such defect or defects without cost to tine City.
27. Liquidated Dama�7es. Time shall be of t,ie essence
of this Contract . If the Contractor fails to complete , within
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,
the time fixed for such completion, the work hereinbefore men-
tioned and :Iescribed and hereby contracted to be done and ger-
formed, he shall becone liable to the City for liquidated dam-
ages in the sum of one hundred
dollars (� A0.00 ) , for each and every day during which
said work shall remain uncompleted beyond such time for comple-
tion or unla-•rful extension thereof, , hich sum shall be oresumed
to be the amount of lama"re thereby sustained by the City since
it would be impracticable or extremely difficult to fix the
actual damage ; and the amount o" liquidated damalre s may be de-
ducted by the City from moneys due the Contractor hereunder,
or his assigns and successors at the time of co;!pletion, and
the Contractor hereunder, or his assigns and successors at the
time of completion, and his sureties shall be liable to the
City for any excess .
28. Additional Provisions .
s
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I;i WITNESS !dHEREOF, the parties have executed this
Contract , in duplicate , the day and year first aereinabove
:•mitten.
APPROVED AS TO FOR!--I: CITY OF CUPERTT::TO, a municipal
corporation o� t:ie State of
California, herein called
the City
City Attorney t j
B
Y
'r
Mayor
ATTEST:
City C1erri
herein called Contractor
By )20
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C I - Y O F C U P E R T I N 0
CERTIFICATE OF COMPLETION
MEMORIAL PARK PHASE I
NOTICE IS ':2REBY GIVEN THAT I, BERT J. VISKOVICH, Director of
Public Works and City Engineer of the City of Cupertino, California, do
hereby certify that the work and improvements hereinafter described, the
contract for doing which was entered into by and between the CITY OF
CUPERTINO and MUNKDALE CONSTRUCTION CO. , INC. were completed to my satis-
faction on December 16, 1974.
That said work and improvements consisted of the construction of
Memorial Park Phase I as more particularly described in the plans and
specifications for said project.
Director oV Public Works and
' City Engineer, City of Cupertino
Dated: December 19, 1974
Please return to:
City of Cupertino 491SW4
10300 Torre Ave.
Cupertino, Calif. 95014 C I T Y O F C U P E R T I N 0 FMI"
• Ea D
le NOTICE OF ACCEPTANCE OF COMPLETION =�
MEMORIAL PARK PHASE I
221 4 7" 4 2 RI fM 74
OfF'i�,AL RECORDS
® FEIE
3ANTl. CLARA OOUNTY
sc�R -E A MANN
r,�TR�R RECORDER
NOTICE IS HEREBY GIVEN THAT I, BERT J. VISKOVICH, Director of
Public Works and City Engineer of the City of Cupertino, California, on
December 19, 1974, did file with the City Clerk of said City, my Certif-
icate of Completion of the following described work, the contract for
doing which was heretofore awarded to MUNKDALE CONSTRUCTION CO., INC. and
entered into on November 5, 1973 in accordance with the plans and speci-
fications for said work filed with the City Clerk and approved by the City
Council of said City;
That said work and improvements were actually completed on the 16th
day of December, 1974, and that acceptance of completion of said work was
ordered by the City Council of said City, and that ',he name of the surety
and the contractor's bond for labor and materials on said project is the
FirLman's Fund Insurance Company.
That said work and improvements consisted of the construction of
Memorial Park Phase I all as more particularly described in the plans and
specifications for said project.
Director of Public Works and
,'City Engineer, City of Cupertino
Dated: December 19, 1974
rt
r
STATE OF CALIFORNIA )
SS
County of Santa Clara )
I
BERT J. VISKOVICH, being first duly sworn, deposes and says:
That he is the Director of Public Works and City Engineer of
the City of Cupertino, California; that he has read the attached Notice
of Acceptance of Completion and that the facts therein stated are true of
his own knowledge except as to matters therein stated upon information
and belief, and as to such matter he believes it to be true.
1
Subscribed and sworn to before me
this day of 1974.
f
Notary Pub c in and for the
State Af California