HomeMy WebLinkAboutElectrolier Conversion 77.10 - Design Dynamics Corp -1977 Electmlier (bnversicn 77-I0 Desigg %male ics Cop.
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' : A. * �_y0 b-Wai/��Cr v1glc documents
e complete Cant rote a _. p�
slats of the ~ 4tlii }V act A • i h
„� a t.�
, Oboe® to &UdWS9 Specifleattons far alwtrolier
Cwnwmion, sct 77-10, Fat l Perfoafs e r
and Material _ , t"Ormee RftqO1r4iNmtg, Bidder's Bond,
and this Contract.
Any 'Md all.. obligations of the City and the Contractor aree fully
set foath and described therein.
All of the above documents dre intended to cooperate so
.,t that any work called for in one and not mentioned in the other,
Or vice versa
is to be executers she same as if mentioned in all
of said documnts. The documents ec risIng the complete coea-
trsact, arr-a sowtimes hereinafter referred to as the Contract Docu-
senU. In a of conflict between the Plana and Specifications
on the one hands and this Contract on the other, the Plans and
SpecMeatiew shall prevail.
P. The Work. The Contractor awes to furnish all of
the tools, OQUPMfunt ., appazatus, facilities , labor, transporta-
tion, and material necessary to perform and complete in a good
and workmanlike m.nner, the work of �
Blectrolier Conversion, Project 97-10 .
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sore ftraction and 064trail of they
1UbJe4t to they 4US004tion and approval of the
' s ids resnti City herebydesignates as its
s .
i#"1%t 9t1 for the p.- to of tad Contract the following
namd person:
`s Director of Public Work►
3. Contracts Price. The City agrees to pay, and. the
Contractor agrees to accept, in hall payment for the work above
agreed to be cone, the sum of. Eleven thousand six hwWred and four
dollars and twelve its. ($11,W%.12)
subject to additions and deductions as provided in the Contract
Documents.
4. DIsoutes Pertaining to pa nt for Work. Should
any dispute arlae respecting the true value ® any rk done,
of any work oa1tted, or of, any extra work,which the Contractor
mW be required to do, or respecting the size of any payment to
the Contractor during the per!ormance of this contract , said
dispute shall be determined either by reference to the unit of
ems, S f applicable. or in accordance with the agreement of
the parties, or in accordance with the. rules of the k•serican
Arbitration Association if the parties are unable to agree.
5. Permits • Comkliance with Law., The Contractor shall
at his expenssdC Main all necessary perrIts and licenses, ease
mats, at*. , for the construction of the project, give all neces-
sary notices, pay all ftee' required by law, and comply with all
10ma ordicaiwsis, rules and regulations relating to the work
and to the preservation of the public health and safety.
6q a t4 n , AM, , "t * The Cr s--,actor shall at
.2 tees fit. n ? it ,� �sd prov.&.te safe access for
Ins000tion, by the City ; ; ► parts of the work, and to the sops
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of rate als to be a ' . d bty
'Mtrtct l0 order that the Clty i. we
*ear ° s�pe Otlen and testing of the saw, l -the
: MY ft4ussts suth VOtIce fr= the Contractor.
12. MgminaLlon Breach etc. %f the Contractbr
abould be adjujaed a bankFjpY, or If he should make a general
assignment for the benefit .e his craeditors, or if a receiver
Should he appointesd .sin account of his insolvency, or if he or
MW of his subcontractors should violate any of the provisionsOf the Contract. p the City. se.me written Notice upon him and
bla Surety Of its Intention to terminate th* Contract, such
notice to contain the reassess for such Intention to terminate
Q rOntract, and, unless within ten d1a73 after se:rVing- Of such
notice, such violation shall cease and satisfactory arrangements
for correction thereof be s&ems the Contract shall�. m upon the
expiration of said teen dayscease d terminate. %n the eventr of s to ticn, they City shawl Immediately serve written
UOUGO thereof upon the surety and the Contractor, and the surety
Shall bAW the PL64t to take over and perform the Contract; pro.
v1ded, havever, that , If the surI within fifteendays after
It of notice
of t,e nation sloes not give the
ty written notice of its lntentl= to take over and perform
the C tract, or sloes not comence performance thereof within
thirty d9W3 from the slates of the serving of such notice, the
sty =W take over the werk and prosecute the same to completion
by C=traet,. Or by any other method it may doom advisable , for
e account and at the expense or the Contractor, and the Con--
.: tractor and his surety sha2l, be liable to the City for any
ex-a 003t Occaa*I d by the: City thereby, and in such evert the
City A witbout liability lity for so doing, to possession of,
ntl !►te In' COM20ting the VI such arterials, limces,
plant a sei +a t e y belon �� to the Contractor be
on UM �e elf net and neiiissary tfine V.
; th ff f� tfahOld �e a t~a, d
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sy the ply giving spa
or tative of such p such
not
b 1 adlfor any purpose whatsoever amuse
se the ftfUdulng _ r: tat if the notice is gtven to
t -either bj personal delivery -thereof to City � _,
gar or the City, 'or by depositi.ng tle same is the United 'States
malls, enclosed In a sealed envelope, addressed to the City,
postage prepaid and certified; (b) if the notice 2e given to the
Contractor, either by personal delivery hereof to the Contrac-
tor, or to his duly authorized representative at the site of the
pro�ect, or by depositing the same in the €Sni°ed States malls,
enclosed in a sealed envelope, addressed to said Contractor at ,
Design Dynamics Corporation
P.O. Boa 619
Bel t California 94002
postage prepaid and fled; 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 ba the
M:Ited 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, postage prepaid and certified.
15. Agalmnt of Contract. Neither the Contract ,
nor any part thereo , nor moneys a or to become due thereunder,
may be assigned by the Contractor without the prior written ap-
proval of the City.
16. Co=Hance with S ecifications of Materials. Unen-
ever in the Spec bat ons, any material or process x in cated
or specified by patent or proprietary nat ., or by name of rAanu-
faaturer, such 3 eel.fi.cations must be met by Contractor, valesss
the *01ty agrees writing to some other material, process or
article offered by Contractor which Lis equal in all respects to
the ow apeciaflea.
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a The "C t for shall Aft COMM ace pro
under this t -waft� be ha�3 oft . . .1 bouir-mes required
and such Insuftnee has been approved by tie
Cltya nor shall t`he ``ont ctor allow shy Subcontractor to com.
4n4 nce work. On Ills subcontract until an similar Ingurance re.
QuLr d of the bubcontraactor has been so obtained and approved.
Th
e Coatractor shall Mrnissh the City _with satisfactory proof
Of-the carriage of insurance required, 8nd there shall be a
apeciftc Contractual liability endorsement eaten the Con-
tractor's coverage to include the Contractual liability assumed
by t iaze Cont:actor pursuant to this Contract and particularly
'Paragraph 19 hereof. Any - policy of insurance required of the
Contractor under this Contract shall also contain an rndorsem&nt
providing that thirty ' (3®) 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) Woa1 n's CoMe teation Insurance and im-
lo e-A l ss Liabilitz insurance. The on r ctor sH911 take out
and maintilln Musing- i e of this Contract Workmen's Compen-
sation Insurance and Employer's Liability Insurance for all of
his employees employed at the site of the project and, in case
any :pork 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 tatter's employees
unless such employees 'are covered by the protect:.on afforded by
the Contractor.
In signing this Contract the Contractor des the fr*la
loving certification, required by Section 1861 of the Labor Code:
w$ am aware of- the provIsions of Section
3700 of the Labor Code which Mulre every em-
to_ be loan
Md 114bluty tor
i t ce in 'aa f ` ` ca is pro
-si of
COO, and comply nth such ps .91ants
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t e"s1 t�l � `'3 � . r injuries.,
µ_ Includirig ac ntrl death, .to one person,
and, subject to the same t for each person,
In aft waou 1t not leas than $301,8M.00 s on
acuht of ones accident, and PzWerty 'Danap
Liability Insurance In an amount not less than
25 000.e0 Ibli City and its officers and �
empioyees, shall be named as additional insureds
on .any a uch 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 tine policy, and
that, if the City, or its officers -and eoployees,
have other insurance against a loss covered by
auch faolicy, such other insurance' shall be ex-
cess insurance only.
s (a) Fire Insurance. The contractor shall
take out and maintain or rts a a it 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, smoke) , and van-
dalism and malicious mischief upon the entire structure on which
the work of this Contract is to be done to one hundred percent
(100S) of the insurable value thereof. Proper evidence of such
Insurance shall be furnished to the city . If the
City provides the fire insuraince hereunder, and the Contractor
r' desires broader protection than the perils of loss by fire, ex
tended cover +e endorsement perils, and vandalism and malicious
e Supply Ln.. or a. as the case =y beq - in the blank.
•• �. �`�, � 'g' ✓ '� `' Sr �.�,('. °t icy.} 'a`+�;'�_ �r�xx ,r�.%x ,p- ,
-Y
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of t 0
� ght hour of labor &wing My
let9 z
7 ou" of labor during_ calendar
: the hours of servi, n all work
} 40 Oissly, stipulated that no laborer
e"loyed at any time by the Cont• Ctor ors
l��tbcoAt "actor or subcontractors under this Contract, upon
tie z or upon any part of the work contemplated by tails Con.
tr s shalt be required or permitted to work thereon more than
eight hours duel any one calendar day. and forty hours during
my one -calendar week, except , as provided by Section 1B$5 of
the bor Code of the State of California, work performed by
employees of contractors in excess ' of eik„lht hours per day and
forty hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of eight
hour per day at not less than one and on&-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 am deemed to be incorporated herein, the Contractor shall
forfeit, as a penalty to the City, twenty-five Dollars 025.00'
for eal laborer, workman, or mechanic employed in the execution
®f this Contract by Contractor, or by any subcontractor under
this Contract, for each calendar day during which said laborer,
work, or machannic 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 worked
,,.
each oalendar day and each calendar week by all laborers, work-
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In the eci eat1 and a 'tart hereof. Neither the notice
inviting bids nor this Contract shall 1 constitute a representation
of fact as to the prevUlIAS wage rates upon which the Contractor
or wW subcontractor under him my 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
r in the execution. of the Contract. Zt is further expressly stf-
pulated that the Contractor shall, as a penalty to the City,
forfeit twenty-five dollar ($25.00) for each calendar day, or
Y portion thereof, for each laborer, workman, or mechanic paid less
than the. stipulated prevailing rates for any work done under
this Contract by hint or by any subcontractor under him; and Con-
tractor agrees to comply with all provisions of Section 1775 of
the Labor Code. -
`' In case it becomes necessary for the Contractor or any
subcontractor to employ on the project sander this Contract any
person in a trade or occupation (e.-cept executives, supervisory ,
administrative, clerical, or other non-manual wor'lcers as such) ,,
for which no minimum usage rate Is herein specified; the Contrac-
tor shall immediately r.3tify the City, who will pr°o=, tly there-
after determine the prevailing rate for such additional trade
or occupation and shall -furnish the Contractor with the minimum
rate based thereon.' .The minimm rate thus furnished ',mall be
applicable as a minims for such trade or occupation :roes the
time of the initial employment of the person affected and during
the continuance of such employment.
22. Accident Prevention. precaution shall be
ewer-cued at all ti�s fbr the of persons (including em-
ployees) and property. The safety provisions of applicable laws ,
building and construction codes shall be observed. 64ach1nery ,
equipment., and other hazards shall be
guarded or eliminated in
.coo ce with -the safety provisions of the Construction Safety
Orde2ft issued by -the Industrial Accident Commission of the State
of California.
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k � 10 d; *,aid Otrti oa eS 0 Ne fuftished
_ y and 46t d City 's r0prOSentatIve 3tAting that the
� 3ttt ' tad ° , i' t due! the bai7� of work completed
and the Anotat thei i and the City's representative shall, be.
fare the fif teentaf eat month,, deliver said certificates under L�
q
bin hand to the City, or in lieu of Such certificates , shall de-
liver to the Contractor, in writing, under his hated, a just and
true remon for not issuing the certificates , including a state-
Wnt of the defeat$ '-, it any, to .be remedied, to entitle the
Contractor to the certificate or certificates. In event of thle
failure of the City'd representative to furnish and deliver said
certificates or any of them, or in .lieu thereof, the writing
aforesaid, within ten (10) days after the times aforesaid, and
after written demand has been made upon hits for the sale, 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 with 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 cork is to be subjected
to the inspection. and approval of the City, and subject to what-
ever inspection and approval may be required by lair.
24. Protection of Public Utilities. The City shall
be responsible , as between the parties to GIs Contract only, for
the removal, relocation, or protection of existing public utili-
ties, if any, locatedl, on the site of construction, but only if
such public utilities are not identified by the City in the
Flans and Specifications made a part of the invitation for bids.
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y fact ties l atf d bP the City In the C'on-
., t PUM aid Specifications,, the sake laterals as herein-
scribed, he shall 'Immediately i the City in writing
. 25. Contractor's svonsibilitv for the goat. The
Contractor shall nof a responsible ror tae cost o repairing
or restoring damage to the wor4c caused by an act of God. NEVER-
THELESS, tile Coatractor 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 Cod. "Acts Of
Cod" shall include only the following occurrences or, conditions
and effects; earthquakes and tidal caves, when such occurrences
or conditions and effects have been proclaimed a disaster or
state of emergency by the Gnvernor of the State of California
or by the President of the United States , or were of a magnitude
at the site of the work sufficient to have caused a proclamation
of disaster or state of emergency having occurred in a populated
area. Subject to the foregoing, the ,City shall not, in any way
or- manner, be answerable or suffer loss, damage,, expense or
liability for any loss or damage that may happen to 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 event the
Contractor unqualifiedly guarantees such lesser quality ; and
that the work asp performed by the Contractor will 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 am (1) year 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 the City.
27. vL4.uaWcd1atrtwddteam es• Time schall be of the essence
of this Contrec � aantractor fails to complete, within
t
9 rY
AV
,,,ors, ' his aat the
r
and sureties be U the
MY r agy excess.
28. Additional Dvvlsions.
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-Desigm D mice Corporation
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ere n cal ed Contra for
Donald.C. 8rahe' President
lbtaay acknowledgment required.
If a corporation, corporates seal '
and %--rporate notary acknowledgment
required.
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a" NOW Isbom to
STATE OF CALL
CWm i ,
Public in and for the said State, personally appeared
1
C• A 1W �- , lmmn to me to
be the of ! , the
ag corporation that within Zusummlit, bdmn to an to be the person
who exaceted the within Instrment, on behalf of the Corporation beaeia named,
and acknowledged to Ise that, such Corporation motel the sam.
A F.
Z� Vn=S F, I have hereunto set ny bAmd and affixed ay official
seal in Lh* Connty of Santa Clara the day and year in this certificate first
abor a +srittea.
OFFICIAL SLAT.
JOY ASHMORE
NOTAR
�,, ► Of State of
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Dart J. ftehavich, K for of >Public Works June 24, 1977
Sew Contract for Public Works Electreller Conversion Our File: 74,017.1
Tranwdtted herewith are the folja g item relative to the refs renced�ro�ect c
1. Two sots of Contract for Public Mork for signatures of appropriate
city offlciuld.' ._._ �. __._. , ._ _
3► {Plee rt+rn one cIeted copy}`�
2. sp+3+_.;h_f,..Pbblic
Balboa Insurance Company
3. One copy of Public Works Performance Bond _ No. L05-018526
Balboa Insurance Company
4
4, One copy of Certificate of Insurance - United Insurance Centers.
The dame on contract should be the date City executes the contract.
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100
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" 0 Hlf�i2 t PF}c£RTY DAWGf: 3
!_J N4K13w ert3 PWA--R`>ez £
EXCESS 6ANW—V
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r UMBRELLA :wRp PWP RTY DAMAGE
L_J LDTN.ER THAN UMBRE:.i.A
fbbldWto
WOMERS'COMPENUTION —STATUTORY
VU
nd EMPLOYERS`l t/6 tlLfPY x s 100
OMER
C3i GP HATt00.MSft.EkCATOn5,'A:a+r7a
mt / o-20
Should any of the above described policies be cancelled More the expiration drAte thereof, the issuing corn-
pany wilt endeavor to mail . ,days written notice to ftae below nameta arttifisate holier, but failure to
mail such no**shall impose no obligation or liability a`any kind upon the cot, nya
�4diiliiLA$E .
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( 90118s M 11,604.12 X bwM MOM of On United des of Ammim for the payment cared,well od truly to t ,i
be . are hardy bled oaruhq, our Ads, euc&m d6nialstraDm scomm ad assWM jot" and awally. firmly by MM �
WHEIIEAS,the Am bounden Prim has been awarded and has entered aft a cantrM dated ...J ..1.7.e.•1977..
cult!Uld dbliVs is do 80 POAM Me fal6ft air$Melt: � �+
Blectroi$er Conversion, Project 77-10.
a will more fully am=is sald Wik refrrrrsaan to add Is iaairaDi►soft i
>' + HIM,TWEIII+FiIHE,THE COMMON OF THIS ttOUGA1TIO1 IS SUCK That,if the.eve bomden shall well and truly
pubM or cnu to be pubmted,cub and all of the roWkvmM ad obOptim d sad webad to be peftmW by sald Prlme A as to oU r f
'dss! COOM sat fa lk than tb band shall be cwdl and ate OthannSe It shell MAM is felt 110M=9 lea �.
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or Eft af�
minas and away atnd so arouses ifs doetments cancehag or 6nz2=ftV am ® hks.
thereunder.blyft and my suL% %driiiuents so emeented by any such Attorney-in-F86 f sftahl be
Widiag upon if
simmed by the t and reamed and attested the a�
-_, by the G'otpofrale �ccreteiry."
J.
In Wdnera Whe "' BAL80A INSURANCE COMPANY has caused these presorts to be
sinned by its .V,1Ce...pgesdfent
' asses itaa corporate
swraJ to be Iaztetto aaf$iaed ttm....... 19.th. . .... . day of......DBoehlbs.r... ... . ...._... A.D., f9 75.. .
BA N SU y
•
St" of Catifemis
Casuaattr of paa
On th> . ._..19-t$l dray of. DeC@IIhbB% A.D.. 19 75 before rase pearsonaally came,John. LE.b._.CurtiS- .. . ..
to we knOWIL v 4ao, being by we duly sworn, did depw and away that he resides inniSSioA. .�'ie�-o,r...CdllfOrrIIf3_
dot he .V].f: :..EreSidBIIt ..of BALSOA INSURANCE COMPANY. the company described in and which eseaaated the
above is>'�tnament: that he than sea! of said Company; that the ,teal affixed to wid instrument is Brach eo
am affixed by order•of the Ord of Directors of said Company and that he a�sate ash; that is
• his n� thereto by Ue older.
7 Y ®FFIC ••,
Naton,pill J.c , •-_Ce. navy folic
GRAN at Cold Ty
MW eonami:siae boats SO4, 19, f 979 i
ar•w•i••«w.••t
t, the Secretary of Barra lawranfe
CauWany'hembyOf the thus!Power of Att cer"y t abarar and for ist�is a full,tratc and wrrect,copy
efftxt. ash •attd ffttrttw tify that the aid Pima of Attorney is still in force and
And I do ley (wow ca"tfy tit tto 0rit� iit�im of lttls POWer of
sttttWdy of the ff ll Aft y t a sealed by fat ile undCr au3i y..� the
S by Sk o n of tt� 1 �7
an the 24th of Ya 1972,and dw has Wt bast Y at a a>estcra�duty ralflad a�neld
;. gip►• tit"MSWUV=of WY Of ,. t c
may be afliffed ^* print byto of titffi C s?at"son,and the seat of ttf 'f ,
F. Muse and l a:lstl t 0.valid t WO W 4 of;ftemy oft$ COIPOMiM and that such r ed fixsknile
4 eutdes , Sol of s %*wpm7
caftforroa. tftjuNof r
s� D
J
u� 4
x - '•^'fn � } �'.`���� y" � �,"�$, :Y72i 3` � �'. x v ,'a�'�°+HSa +r' � `f r, ,t �.F..
x
,p. '. F`k, +2t .}k .��. •ti`, y t wf`3. si a s
gn
William E. Ryder
V$rector of Administrative Services
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
RE: Documents for Approval
Deer Rill:
Enclosed are the following documents, which I have
signed in my capacity as City Attorney:
Two (2) - Contract, by and betwe,=,, `he City
of Caper+.ino and Design Dynamics
Corporation.
Ve y yours,
DAVID R. AD
City Attorney
DRA:di
Enclosures