Cullen Electric Service
CONTRACT
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This agreement, made and concluded this 22nd day of
19 67, between the City of Gilroy, party of the first part, and
-
EI.~t~le ~.ru~~A , party of the second part.
May
Cullen
.
Article I
Witnesseth, that for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the said party of the first
part, said party of the second part agrees with the said party of the first
part, at his own proper cost and expense, to furnish all the materials, except
such as are mentioned in the specifications to be furnished by said party of the
first part, necessary to provldeSClftball LI!t"tJ.n, .$ystentAt
CAr'st...... tfl n .p~r~.
In accordance with the specifications and special provisIons therefor.
Article II
And the said party of the second part agrees to receIve and accept the
prices as set forth in the PROPOSAL & SCHEDULE OF PROPOSAL a5 full compensation
for furnishing all equipment and materials as embraced In this agreement.
Artrcle III
The said party of the first part hereby promises and agrees with the
partvof the second part to employ, and does hereby employ the said party of
the second part to provide the equipment and materials according to the terms
and conditions herein contained and referred to, for the prices aforesaid,
and hereby contracts to pay the same at the time, in the manner, and upon the
conditions above set forth; and the said parties for themselves, their heIrs,
executors, administrators, successors, and assigns, do hereby agree to the full
performance of the convenants herein contained.
Article iV
It is further expressly agreed by and between the parties hereto that
should there be confluct between the terms of this instrument and the bid or
proposal of said contract, then this Instrument shall control and nothing herein
shall be considered as an acceptance of the said terms of said proposal conflict-
ing herewith.
In Witness Whereof, the parties to these presents have hereunto set
their hands the year and date first above written.
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CIty of Gilroy
A. NotIce InvitlnQ BIds
Notice Is hereby given that sealed bids wIll be received by the
Purchasing Agent of the City of Gilroy, at his office, 10 South Rosanna
Street, Gilroy, California, untt I 5:00 o'clock po.m. on Monday, May
1st , 1967, for Softball a..igbting System
as described in the following proposals and specifIcations.
B. ProDosal Form
All proposals must be made upon the blank forms hereto attached.
All proposals must give the prices proposed In both writing and figures,
and must be sIgned by the bidder, with his address.
C. Bidder's Guaranty
All bids shall be presented under sealed cover and shall not be
considered unless accompanied by cash, cashier's check, certified chec~
or bidder's bond made payable to the City of Gilroy, of an amount equal
to at least ten-percent (10%) of the amount of said bid.
O. Return of Bidder's Guaranty
WIthIn ten (10) days after the award of the contract, the CIty of
Gilroy will return the bidder's guaranty to the bIdders who were not
conSidered in the award of the contract. All other guaranties wIll be
held until the contract has been finally executed, after which they will
be returned to the respectIve bidders.
E. Contract Bonds
The contractor shall furnish two good and sufficient bonds. Each
of the saId bonds shall be executed In a sum equal to at least one half
of the contract price. One of the said bonds shall guarantee the faIth-
ful performance of the said contract by the contractor; and the other of
the said bonds shall be furnished as requIred by the terms of an act en-
titled
"An act to secure the payment of the claims of persons employed
by contractors upon public works, and the claims of persons who
furnish materIals, supplIes, teams, Implements, or machInery used
or consumed by such contractors In the performance of such works,
and prescrIbIng the duties of certaIn public officers with respect
thereto, II
approved May 10, 1919, as amended.
Form of bond required may be examined at the office of the City Attorney.
Whenever any surety or sureties on any such bonds, or on any bonds
required by law for the protection of the claims of laborers and material
men, become InsuffICient, or the City CouncIl has cause to believe that
such surety or suretIes have become InsuffIcient, a demand In writing may
be made of the contractor for such further bond or bonds or addItional sure-
ty, not exceedIng that originally required, as is considered necessary. con-
siderIng the extent of the work remaInIng to be done. Thereafter no payment
shall be made upon such contract or any assignee of the Contractor until
such further bond or bonds or additional surety has been furnished.
F. Refection of Proposals Containinq. Alterations Erasure or IrreQularlties
Proposals ma) be rejected if they show any alterations of form~ additlon~
not caned for. conditional or alternative bids. Incomplete bids, erasures,
or Irregularites of any kind.
The rIght is reserved to reject any and all proposals.
G. Award of Contract
The award of the contract, if It is awarded, will be made within
Ten ( 10 ) days after the opening of the proposals.
H. Execution of Contract
The contr~ct she 11 be signed by the successfu'l bl dder encj (.eturned,
together with the contract bonds, within ten (10) days not including Sun-
days, after the bidder has received notice that the contract has been a-
warded. No proposal shall be considered binding upon the city until the
execution of the contract.
Failure to execute a contract and file acceptable bonds as provided
herei n wi thi n ten (10) days not i nc I udi ng Sundays, after the bi dder has re-
ceived notice that the contract has been awarded, shall be just cause for
the annulment of the award and the forfeiture of the proposal guaranty.
I. Examination of Plans. Specifications. Special Provisions. and Site of Work
The bidder is required to examine carefully the site of and the proposal,
plans, specifications. and contract forms for, the work contemplated, and
it will be assumed that the bidder has investigated and is satisfied as to
the conditions to be encountered, as to the character, quality. and quanti-
ties of work to be performed and materials to be furnished, and as to the
requirements of the specifications, the special provisions, an~ the contract.
It is mutually agreed that submission of a proposal shall be considered
prima facie evidence that the bidder has made such examination.
J. Inspection
The City Building Inspector shall at all times, have access to the
work and sha1l'be furnished with every reasonable facility for ascertaining
full knowledge respecting the progress of the work, workmanship and the
character of the materials used and employed in the work. Defective work
shall be maqe good and unsuitable materials shall be rejected.
K. Completion
The work shall be completed in
of the contract.
30
days following the awarding
L. Payment
Payment wi 11 be made within 35 days following the completion and
acceptance of the work.
PROPOSAL
To the Gilroy City Council
The undersigned declares that he has carefully examined the specifications
and read the accompanying instructions to bidders,
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and hereby proposes to furnish the equi t and materials in
said specifications and special provisions, If any, for the u
sum set forth in the schedule below.
The undersigned further agrees that in case of default in executing the
required contract within ten (10) days, not including Sunday, after having
received notice that the contract is ready for signature. the proceeds of the
bidders bond accompanying this bid shall become the property of the City.
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Signature of 81 cllI""" < < iLl! He --'-- P /L-L/-L-c -V,
(IF an individual, state below. ~ a firm or oo-partnership, state
below the fl~ name and give the names of all individuals or name of
corporation, also names of president, secretary, treasurer, and man-
ager thereof.)
CUllEN
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Business Address
Date
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SCHEDULE OF PROPOSAL
The unit price or lump sum as referred to i~e above.PROPOSAL shall be:
$ (0 15" {. 9" ('::'~ (wrf tten amount) t' / t";;t '7t',.? (.1: S' -"'___ <..: ('
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LULLI:N ELECTRIC 51:.'" ,(.
66 N. Church St.
Gilroy, Calif.
-[ULLEN ELEl:TBIl: SEBVIl:E
INDUSTRIAL & HOUSE WIRING
LA WRENCE J. CULLEN, ELECTRICAL CONTRACTOR
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Ob.rl.'ua Bll1 Park
Material List
S.~vioe Wir.. 4 "/0
Service Oondui' 2 1/2.
Meter Panel
200 Amp Breaker 4 Pole S.N.
'0 Sub 'e.4 Breaker Spaoe.
1 1/2" Underground Steel Oondult
~ Sub reed Wir.. 3 12 and 4
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- Voltage drop to Lalt Pole not to exceed ,.
220/440 Volt )0 IV Tran.tormer
1 Panel. at baae ot Foles ltN!IBII 70
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Oapac1ty ot 120 Volt Outlets 3 lW
flood11t.. Wid.litefSW 1000 8W 8-D
Lamps G.I. MV 1000
Poles #1 and 6 4 Flood L1t.. Each
Poles #2 and S J 'lood Lites Each
Poles 13 and ~ 2 'load Lites Eaob
Pol. Brackets tor above Flood Lite.
56 NORTH CHURCH STREET
GILROY, CALIFORNIA
TELEPHONE: VInewood 2.2777
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f-~OME OFF--ICE - TACOMA, W^SHINOTON C/
FIDELITY AI'lID SURETY DEPARTMEI'lIT
Bond No.B-442993
LABOR AND MATERIAL BOND
CALIFORNIA - PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS, that CULLEN ELECTRIC SERVICE
as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author-
ized to execute bonds in the State of California, as Surety, are held and firmly bound unto
CITY OF GILROY, CALIFORNIA
as Obligee, in the sum of Five Thousand One Hundred Eighty-four and 50/100-----
----------------------------------------------Dollars ($ 5,184.50 )
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal on the
of May 19 67, entered into a contract with the Obligee for
furnishing and installing all the necessary labor and
18th day
materials, including equipment, to complete in place a
softball floodlighting system at Christmas Hill Park,
Gilroy, California.
Now, THEREFORE, if the said Principal or his subcontractors shall fail to pay for any materials,
provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, as required by the provisions of
Chapter 3 of Division 5, Title 1 of the Government Code of the State of California, and provided that
the claimant shall have complied with the provisions of said Code, the Surety will pay for the same, in
an amount not exceeding the sum specified in this bond and also in case suit is brought on the bond,
a reasonable attorney's fee to be fixed by the Court, then this obligation shall be void, otherwise to
remain in full force and effect.
This bond shall inure to the benefit of any and all persons entitled to file claims under Section 1192.1
of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
Signed and sealed this
18th
day of
May
19 67.
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VOORHIES 1~' PAFRlsH Attorney-in-Fact
GEORGE A. PARRISH
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State of California
County of
SANTA CLARA
ss:
On May 18 , 1967. before me, the undersigned, 0 Notary Public in and for said County, personally
appeared (;EORGE A _ P ARRI SH known to me to be the person
whose nome is subscribed to the within instrument os Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and
acknowledged to me that_he subscribed the nome of UNITED PACIFIC INSURANCE COMPANY, os Surety, and h is
own nome os Attorney-in-Fact.
My Commission expires
11/17/67
, 19_
B-2004 California - Jurat (Attorney.in-Fact Acknowledgment) Rev. 1.65
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MARION KETCHUM ·
NOTARY PUBUC ,CAl.lFORNIA .
PRINCIPAL OFFICE IN ~
SANTA CLARA COUNTY ~
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Notary Public in and for said County ~,
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State of California
ss:
County of
SANTA CLARA
On May 18 , 1967, before me""the undersigned, a Notary Public in and for said County, personally
appeared GEORGE A. .t'ARRISH known to me to be the person
whose nome is subscribed to the within instrument os Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and
acknowledged to me that_he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h.i.s....
My Commission expires 11/17/67
, 19_
,_._._-._-~~------
t ...... MARION-~~~~~~:;---j
: -;1d NOTARY PUBUC - CALIFORNIA
." PRINCIPAL OFFICE IN
: SANTA CLARA COUNTY
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Notary Public in and for said Coullty
own name os Attorney-in-Fact.
B-2004 California - Jurat (Attorney-in-Fact Acknowledgment) Rev. 1-65
I
State of California
ss:
Cc;>unty of
Santa Clara
;..........
On Iv:ay 1 , 19 6~ before me, the underSigned,lt Not;r~ ublic in and for said County, personally
appeared '" ') Ii / known to me to be the person
whose name is subscribed to the within instrument as Attorney-in-F ct of UNIT~D~ACtf'JC INSURANCE COMPANY, and
acknowledged to me th~t_he subscribed the name of UNITED PA~C 1~~~.~~~~:1:. ON.~.NY, as Surety, and his
own name as AttorneY-in-Fact. ~ ':;' .. ....; .',. \.)C
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My Commission expires
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8-2004 California - Jurat (Attorney-in-Fact Acknowledgment) Rev. 1-65