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CONTRACT <br /> Project Number <br /> THIS CONTRACT is made and entered into this day of August, 2009 by and <br /> between CUPERTINO ELECTRIC, INC., "Contractor whose address is 1132 North Seventh <br /> St., San Jose, CA 95112, and telephone number is (408) 808 -8000 and the CITY OF <br /> PLEASANTON, a municipal corporation "City <br /> WITNESSETH: <br /> WHEREAS, the City has awarded to the Contractor a contract for the Design and <br /> Installation of a Photovoltaic System (PV) Power System at the City's Operations Services <br /> Center located at 3333 Busch Road, Pleasanton, CA, Project No. <br /> NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties <br /> agree as follows: <br /> 1. Work to be Performed. The work will generally consist of the design and installation of a <br /> solar photovoltaic (PV) system generally described as the "System Cost (City Purchase)" <br /> in the Request for Quotation No. OSC -09 -01 -ADM (the "RFQ including, but not <br /> limited to: <br /> a) System design, including Contractor making an independent evaluation and <br /> judgment of all conditions affecting performance of the system, including <br /> without limitation site conditions, existing facilities, geographic, climatic <br /> conditions, applicable federal, state, and local laws and regulations, and all <br /> other contingencies or design considerations. Data, calculations, opinions, <br /> reports, investigations, and other similar information provided by the City or <br /> set forth in the Initial Feasibility Study relating to site, local, or other <br /> conditions is not warranted or guaranteed, either expressly or implied, by the <br /> City. <br /> b) Application and processing of required approvals from the City's Planning <br /> Division <br /> c) PV modules, inverter, and balance of system <br /> d) Trenching and or boring and drilling and re- paving the drive and parking areas <br /> (to accommodate wiring) to City Standard Specifications <br /> e) Re- location of roof top antennas and other roof elements to minimize shading <br /> 0 Roof penetrations (if required) done by a licensed contractor with final <br /> inspection by the City facility staff; <br /> g) Upgrading electrical service panel and other interconnection equipment (if <br /> required) <br /> h) Monitoring Production Monitoring and Reporting System (PMRS) and <br /> Performance Data Provider (PDP) Service <br /> Page 1 <br />