89-009 P & F Construction - McClellan Rd Proj.# 89-4009 & Stelling widening Proj.# 89-4005City of Cuperti"o
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
October 23, 1989
P & F Construction, Inc.
1010 39th Avenue
Oakland, CA 94601
P.O. Box 580
Cupertino, California 95015
CONTRACT FOR PUBLIC WORKS - MCCIELIM ROAD, PROTECT - 89-4009 &INTO.
S'T`Lr: NGFDADWIDENMG, PROTECT NO. 89-4005
We are enclosing to you one (1) copy of the Contract for Public Works
between the City of Cupertino and P & F Construction, Inc., which has been
fully executed by City Officials.
Award of your contract was approved at the regular City Council meeting of
September 28, 1989.
Enclosed please find your bid bond.
Sincerely,
DOaMiY CO=S �m .
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
CONTRACT FOR PUBLIC WORKS
CONTRACT made on �i� �vcJ�oJ l7'f
by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and P & F Construction, Inc.
,hereinafter called the CONTRACTOR.
• IT IS HEREBY AGREED by the parties as follows
1. THE CONTRACT DOCUMENTS. The complete contract consists of the
following contract documents=
A. Plans and Specifications for MC CLELLAN ROAD 89-4009 and
N. STELLING ROAD 89-4005 WIDENING
B. Faithful Performance Bond, Labor and Materials Bond,
Insurance Certificate
C. This Contract
D. Bid Proposal referred to as Exhibit A
Any and all obligations of the CITY and the CONTRACTOR are fully
set forth and describgd herein.
All of the above documents are intended to cooperate so t
work called for in one and not mentioned in the other, that any
versa, is to be executed the same as if mentioned in all of vice
documents. The documents comprisingsaid
contrac
sometimes hereinafter referred to as the Contractcoms Documents, are
case of conflict between the Plans and the Specifications In
on the
one hand, and this Contract on the other,
Specifications shall prevail. Plan .
the s and
' 2.. - THE WORK.- *- Thd "Contractor agrees to furnish all of the tools
equipment, apparatus, facilities, material necessary to labor, transportation, and
workmanlike manager, the work of and complete in a good and
STREET IMPROVEMENTS
manner designated in and in strias called for, and in the
prepared by: Mr.
Specifications ct as
with, the Plans and
Public . Bert J. Viskovich, Director of
Works and adopted by the city,
Plans
Specifications are entitled, respectively, MC CLELLANich ROAD 89_4009 and and
N. STELLING ROAD 89-4005 WIDENING
Page 1
and which Plans and Specifications are identified by the signatures
Of the parties to this Contract.
said tools, It is understood and agreed that
transportation,- and material shall be andthatsaid
shall be work
performed and completed as required in said Plans and
Specifications under the sole direction of the Contractor, but
subject to the inspection and approval of the City, or its
representative. The City hereby designates as its representative
for the purpose of this Contract: Mr. Bert J. Viskovich, 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: FIFTY SEVEN THOUSAND EIGHT HUNDRED FOURTEEN DOLLARS AND
N0/100 ($57,814.00)
subject to additions and deductions as provided in the Contract
Documents, per Exhibit "A" attached hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. arise respecting the true value of the work done, ooranaanyiswourk
omitted, or of any extra work which the Contractor may be required
to do, or respecting 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
applicable, prices, if
or in accordance with the agreement of
prices, if
applicable, or in accordance with the agreement of the
in accordance with the rules of the American parties, or
Association if the parties are unable to agree. Arbitration
5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his
expense, obtain all necessary permits and licenses, easements,
ef•c., for the construction of the
notices Project, give all necessary
Pay all fees required by law, and comply with all laws,
ordinances, rules and regulations relating to the work and to the
preservation of the public health and safety.
6. INSPECTION BY THE CITY. The Contractor shall at all times
maintain proper facilities and provide safe access for inspection
by the 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 the City of its readiness for
inspection and without the approval thereof or consent thereto by
the latter. Should any such work be covered up without
notice, approval, or consent, it mug such
t, 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,
Page 2
deviations, additions or omissions from the Specifications or Plans
or the Contract Documents, it 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 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 association if the parties are unable to
agree. No extra work shall be performed or change be made except
by a written order from the City, duly authorized by resolution of
its governing body, and by all agencies whose approval
by law, stating that the extra work or change is authorized, andred
claim for an addition to the contract sum shall be valid unless so
ordered.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The 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. The Contractor shall be
changes either by reference to the unit Paid for by such
prices
in accordance with the agreement of the , if applicable, accordanceor
with the rules of the American Arbitration,
Associationor in ifthe
parties are unable to agree.
9. TERMINATION, AMENDMENTS OR MODIFICATIONS.
may
be terminated, amended or modified, with the mutual Thconsentis-ract of the
parties. The compensation payable, if any, for such termination,
amendment or modifications, shall be determined either by reference
to the unit price, 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.
10. TIME FOR COMPLETION. All work under this Contract shall be
completed: THIRTY FIVE (35) WORKING DAYS
If the Contractor shall be delayed in the work by the acts ot•.
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 transportation,
unavoidable casualties or any causes beyond the Contractor'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 damages for delay
by either party under other provisions in the Contract Documents.
Page 3
11. INSPECTION AND TESTING OF' MATERIALS.
notify the -City a sufficient time in advance of The Contractor shall
the manproduction of materials to be supplied by him under thisufactor
in order that the
and testing of_City may arrange for mill or factor inspeConction
the same, if the City requests such notice from
Contractor. the
12. TERMINATION FOR BREACH, ETC.
If adjudged a bankrupt, or if he should make ache Contractor should be
the benefit of his creditors or if a receiverrshouldal sbenappo for
on account of his insolvency,�or if he or an tractors
should violate any of the Y of his subcontractors
serve written notice upon himroandiohisofsuretCont its
the City may
terminate the Contract, such notice to contain ythe f reasons efor osuch
intention to terminate the Contract, and unless within
after serving of such notice, ten days
such violation shall cease and
satisfactory arrangements for corrections thereof be made, the
Contract shall, upon the expiration of said ten days, cease and
terminate. In the event of any such termination, the City shall
immediately serve written notice thereof upon the surety and the
Contractor, and the surety shall have the right to take over and
perform the Contract; provided, however, 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 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 the Contractor, and the Contractor
and his surety shall be liable to the City for any excess 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
property belonging to the Contractor as may be on theplant siteanofotthe
work and necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount which the City may
retain under Paragraph 21 of this Contract until the final.
completion and acceptance of all• work covered by the Contract, the
City may withhold from payment to the Contractor such an amount or
amounts as in its judgment may be necessary to pa
t claims
against the Contractor or any subcontractors for labor yand usservices
rendered and materials furnished in and about the work. 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 the
Contractor for any such 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 the 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 the City's' Notice to
Contractors.
Page 4
14. NOTICE AND SERVICE THEREOF. An
y noti
the other under this Contract shall be in writiP m one party to
dated and signed either by the iti shall be
duly authorized representative of party
giving s�. otsce or by e
shall not be effective for an Party. ,,,;y such notice
the following manner: (a) if ptheOBnoticewhatsoiser unless served in
either by personal delivery thereof to the CitygMiana er the City
City, or by depositing the same in the United States omails,
enclosed in a sealed envelope, addressed to the City, oats e
prepaid and certified; (b) if the notice is given to the
Contractor, either by personal deliver
or to his duly authorized representative
to the Contractor,
project, or by depositing the same in the United e States site omails,
enclosed in a seaf the
led envelope, addressed to said Contractor ats
1010 39TE AVENUE
OAKLAND, CA 94601
Postage prepaid and certified; and (c) if the notice is
given
the surety or any other person, either by personal delivery tosuch
surety or other person, or by depositing the same in the United
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. ASSIGNMENT OF CONTRACT. Neither the Contract, nor an
thereof, nor moneys due or to become due thereunder, maypart
assigned by the Contractor without the prior written approval of
the City.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. the Specifications, Whenever in
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
rticCity agrees in writing to some other material, process or
artle offered by Contractor which is equal in all respects to the
one specified.
17. CONTRACT SECURITY. The Contractor shall furnish a surety
bond in an amount at least equal to one hundred percent (100i) of
the contract price as security for the faithful performance of this
Contract. The Contractor shall also furnish a separate surety bond
in an amount at least equal to one hundred
contract price as security for the paymentpofcall ent (100�) of the -
furnishing materials, sons for
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 work or labor in connection
with this Contract, and for the payment of a reasonable attorney's
fee to be fixed by the court in case suit is brought upon the bond.
Page 5
18. INSURANCE.
this the Contractor shall not commence work under
Contract until he has obtained all insurance required by the
City, nor shall the Contractor allow any subcontractor to
work on his subcontract, until all similar insurance requiredoofethe
subcontractor has been so obtained and approved.
shall furnish the City with satisfactoryThe Contractor
insurance required, and there shall bet of 'of the carriage of
liability endorsement extendingspecific contractual
include the contractual liaility assumedractor's coverage to
pursuant to this Contract and Particularly by the Contractor
Any policy of insurance required of the Contractorphunder19 erthis
Contract shall also contain an endorsement Contractor
(30) days' notice must be given in nt providing that thirty
pending change in the limits of liability or ofganto the City of any
modification of the policy. Y cancellation or
(a) WORXER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take ut and maintain during the
life of this Contract worker's Compensation Insurance
Employer's Liability Insurance for all of his employees empland
oyed
at the site of the project and,in case any work 13 sublet, the
Contractor shall require the subcontractor similarly
worker's Compensation Ito provide
nsurance and Employer's ye
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 following
certification, required by Section 1861 of the Labor Code:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
worker's compensation or to undertake self insurance in
accordance with the provisions of the Code, and I will comply
-with such provisions before of the the e performance
work of this contract."' ,.
(b) LIABILITY INSURANCE. The Contractor shall take out and
maintain during the life of this Contract such Bodily Injury
Liability and Property Damage Liability Insurance as shall
protect him and any subcontractor performing work covered by this
Contract from claims for property, damage, including third -party
property damage, to include coverage on property in the care,
custody and control of the Contractor, and also excluding what
are commonly known as the "X, 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 indirectly employed by either of them and
the amounts of such insurance shall be as followas
Bodily Injury Liability Insurance in an amount not less than
$500,000.00 for injuries, including accidental death, to any, one
person, and subject to the same limit for each person, in an
amount not less than sl,000,0oo.00 on account of one accident, and
Page 6
Property Damage Liability Insurance in
an
$200,000.00. The City and its officers and amount not less
named as additional its than
which shall also contain a on any such plies o shall be
thereby a the city,Provision that policies of insurance,
insurance to the full limits Officers and em Y es insurance afforded
if the lability of
ees' shall be primary
against aCity, or its officers and employee.,Y the Policy and that
loss covered by such have other insurance
be excess insurance only. Policy, such other insurance shall
19. HOLD HARMLESS. The
harmless the Contractor will sale, keep,
from all damages, C and all officers, employees and. P► and hold
at an costs, or expenses, in F. 49enta thereof
any arise or be set u law or in equity, that may
to property sustained b P because of personal injury or damage
the course of the Y any person or persons b
infringement or Performance of said work, or by reason of, or in
person or alleged lnf ringemen t of the Y reason of
persons, firm or patent rights any
in, on, or about said workorPoration in consequence oihts of any
installed under this of any article or material Suppliedthe use
Contractor shall wherevernitais�necessawithstandin or
sole cost and expense during ry keep andgmaintainbove, the
this Contract such warnings, signs the course of his opetationsthis
under
to protect the public. The v and barriers as may be required
shall not impose an provisions of the preceding
express benefit of they liability upon the g sentence
general public. City and are for the
20. HOURS OF WORK.
Eight hours of labor during any one calendar
constituteand fothe maximumofhvu=bor durin
of g anY one calendar week shall
hereunder, and it is expressly stipulatedrvice u all or mechanicemployedthat nonlaborer, work
done
at any time b . workman,
subcontractor or subcontractors under byhis
Contractor or by any
or upon any part of the work contemplated b Contract, upon the work
be- required or permitted to w y this Contract, shall
during any one calendar daywork thereon more than eight hours
dar
week, except, as provided and forty hours during an
State of California, work Y Section 1815 of the gLaboroCode ne aofnthe
excess of eight hours Performed by employees of
shall be per day and forty hours duringanntr one
w in
Permitted upon public work upon compensation
Y one week
worked in excess of eight hours mpensation for all hours
one-half times the basic rate of per day at not less than one and
stipulated that for each and every violation of Sections further expressly
inclusive, of the Labor Code of the State of California,
provisions whereof are deemed to be ia, all the
Contractor shall forfeit, as a incorporated herein
dollars ($25.00) penalty the
the execution of
each laborer, worker, oremechanic employediin
subcontractor this Contract
under thisact, by Contractor, or by any
which said laborer, worker, orntmechanic risarequired ch dor day to work more than eight hours in an y one in any one calendar week in violation of the
day andpfortythours
Sections of the Labor Code. the provisions of said
Page 7
The Contractor, and each subcontractor,
record showing the names of and actual hoursshworkedall eeach caccurate
alendar
Y and each calendar week by all laborers, workmen
ployed by him in connection with the work contemplated mechanicsbis
Contract, which record .shall be open at all reasonable hours to the
inspection of the City of its officers or Y this
Division of Labor Law Enforcement of the Department ofaentsnInduto the
strial
Relations of the State of California.
21. WAGE RATES. Pursuant to the Labor
California, or local law Code of the State of
ascertained the general thereto applicable, the City has
for holidays and overtime prin the evailing
glocte of per diem wages and rates
be performed, for each craft, classification, in which this work is to
`''orkman► or mechanic needed to execute this Contractl�orer,
prevailing wages so determined are set forth in the SpecificatioThe
ns
and made a part hereof. Neither the notice inviting
Contract shall constitute a representation of fact as to
prevailing wage rates bide nor this
subcontractor under him maybasean which the Contractor or any
Y claim against the City. the
1776. (a) Each Contractor and subcontractor
accurate payroll record, showing thshall keep an
e name, address, social
number, work classification, straight security
time and overtime hours
worked each day and week, and the actual
each journeyman, apprentice, worker, or per diem wages paid to
him or her connection with the public work�ther employee employed by
(b) The payroll records enumerated under subdivision (a) shall be
certified and shall be available for inspection at all reasonable
hours at the principal office of the Contractor on the following
g
(1) A certified copy of an employee's
made available for inspection or oyeeshepayrosuch
shall be
his or her authorized representative on request. his or
A certified
subdivision copy of all payroll records enumerated in
(a) shall be made available for inspection or
furnisbed upon request to a representative of the body awarding
the contract, the Division of Labor Standards Enforcement and
the Division of Apprenticeship Standards of the Department of
Industrial Relations.
(3) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available upon request to the
public for inspection or copies thereof made, provided,
however, that a request by the public shall be made through
either the body awarding the contract, of
Apptenticeship Standards, or the Division ofthe Laborivision Standards
Enforcement. The public shall not be given access records at the principal office of the Contractor. to such
(c) Each Contractor shall file
enumerated in subdivision (a) with
records within ten (10) days after
a certified copy of the records
the entity that- requested such
receipt of a written request.
Paae 8
(d) Any copy of records. made available for inspection as copies
and furnished upon request to the public or any public agency b
the awarding bids, the Division of Apprenticeshi y
Division of Labor Standards Enforcement p Standards or the
obliterated in such a manner as to shall be marked or
individual's name, address and socialpsecuritydnumber.1reThe
fnaman
e
and address of the Contractor awarded the contract or performing
the contract shall not be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (a),
including the street address, city and county and shall, within
five working days, provide*& notice of
address a change of location and
(f) In the event of noncompliance with the requirements of this
section, the Con tractor shall have ten (10) days in which to comply
subsequent to receipt of written notice specifying in what respects
such Contractor must comply with this section.
noncompliance still be evident after such ten (10) da Should
oper
Contractor shall,. as a penalty to the state ofli the
subdivision on whose behalf the contract is made or pawardedl
portion
forfeit twenty-five dollars ($25.00) for each calendar day or
thereof, for each worker, until strict compliance is
effectuated. Upon the request of the Division of Apprentice
hi
Standards or the Division of Labor Standards Enforcement, such
penalties shall be withheld from progress payments then due.
(q) The body awarding the contract shall cause to be inserted in
the contract stipulations to effectuate this section.
Such
stipulations shall fix the responsibility for compliance with this
section on the prime contractor.
Yh) The director shall adopt rules consistent with the California
Public Records Act, (Ch; 3.5 (commencing with Section 6250) of Div,
( Title 1. Gov. Ch.) and the Information Practices Act of 1977,
(Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ, C,)
governing the release of such records, including the establishment
of reasonable fees to be charged for reproducing copies of records
required by this section. (Added by Stats. 197,8, Ch,. 1249). r.
1775.5 Nothing in this chapter shall
properly registered apprentices upon prevent the employment of
p public work.
Every such apprentice shall be paid the standard wage paid to
apprentices under the regulations of the craft or trade at which he
is employedp and shall be employed only at the work of the craft or
trade to which he is registered.
Page 9
Only apprentices, as defined in Section 3077, w
under apprenticeship standards in training
under Chapter-4 (commencing with Sectionrit70ten apF ice agreements
Labor Cade, are eligible to be employed7an,publicsworks. Of the
employment and training. of each apprentice shall be in The
with the provisions of the apprenticeshipstandards and
agreements under which he is training. apprentice
When the Contractor to whom the contract is awarded b
or any political subdivision under the state
performing any of the work undernthescontractctor or subcontractn
employs workmen in any. apprenticeable craft
Contractor and subcontractor or trade, the
apprenticeship committee administeringhall apply to the
Of the craft or trade in the area fttheasitenor apprenticeship standard;
for a certificate approving the Contractor or subcontractor under
ublic work
the apprenticeship standards for the employment and training of
apprenticeships in the area or industry
however, that the approval as hffectedl provided,
apprenticeship committee or committees t shall be subjecished by t
approval of the Administrator of A joint
pprenticeshi j to the
apprenticeship or committees, subs p• The joint
contractor or subcontractor, shall earrangeo forrotheg dispatchthe ofapprentices to the Contractor or subcontractor in order to comply
with this section. There shall be an affirmative duty upon the
Joint apprenticeship committee or committees administering the
apprenticeship standards of the craft or trade in the area of the
site of the public work to ensure
equal action in apprenticeship for women and mincritiesi Co and affirmative
subcontractors shall not be required to Contractors or
applications for approval tv local Joint a submit individual
provided they are alreed j apprenticeship committees
standards. The ratio of already covered by the local apprenticeship
employed in the craft or traderontthesto Publicjworkemaynbewhtheharabe
tio
stipulated in the apprenticeship standards under which the joint
apprenticeship committee operates but in no case shall the ratio b
lees than onapprentice .for each
e five e
otherwise provided in this section. journeymen, except as
The Contractor or subcontractor, if section, upon the issuance of the a he is covered by this
has been previousl a approval certificate, or if he
the number of a y approved in such craft or trade, shall employ
stipulated in apprentices or the ratio of apprentices to journeymen
the Contractor he apprenticessip standards. Upon proper showing by
in the state on all ofpthis contractcon an annual average es in such craft ooftrnot
less than one apprentice to each five ourne
Apprenticeship Standards ma j ymen. the Division of
Contractor for the 1-to-5 ratio asanset forthiinctcerthis Sectiionr.g the
This
section shall not apply to contracts of general contractors
involving less than thirty thousand MO,0
o.00) orworkinj days or to contracts of specialty contractorstnottbiddinOg
for work through a general or prime contractor,
nss than
two thousand dollars ($2,000.00) or fewer than ifivevi(5)le
working
days.
Page 10
"APprentieeable craft or trade,,
mean a craft or trade determined as used in this section,
accordance with rules and as an aPPrenticeable Occupation
Apprenticeship Council, regulations prescribed pation In
have the discretion to The joint apprenticeship the
to the approval of the grant a certificate, tor w committee shall
contractor from the 1-toaSirativaset foOf rth r which shall be subject
finds that any one of the followin Apprenticeship, exempting a
g conditions Section when it
(a) In the event unemployment for the previous
in such area exceeds an average of 15
percent, or three month period
(b) In the event the number of apprentices in training in such
area exgeeds a ratio of 1-to-S, or
(c) If there is a showing that the a
is replacing at least one -thirtieth oeprenticeable craft or
through apprenticeshiptrade
or (2) on a local basi, trainin its journeymen annually
g. either (1) on a statewide basis,
(d) If assignment of
an public works contract would entice to any work performed under a
Jeopardize his life or create a condition w
employees of the public at large ro which would
apprentice specific Property h fellow
k to which the
When such exemptions are
represents contractors in a specificetrade from the 1 to S rat
a local or statewide basis the member d to an organisation which
io an
required to submit individual a to
will not be
Joint apprenticeship committ1applications for approval to
by the local apprenticeship standards�vid� they are alreadylocal
covered
A contractor to whom the subcontractor under him, who, inontract is awarded, or an
the contract, employs Performing any of the work y apprenticeableces
journeymen or ► under
craft or trade and who is notpcontributinIntoany
fund or funds to administer and conduct the apprenticeship in any such craft or trade in the area of the site of
work, to which fund or funds other contractors in th the program
site of the public work ate contributin public
fund or funds in each craft t or trade in which he employs
of the
or apprentices on tha public work in thwh shall contribute to the
same basis and in the same manner as the other contra Y journeymen
where the trust fund administrators other contractors
upon the
funds, contractors not signatory to the trust agreement
do, but
like are sable to accept such
amount to the Callfornla Apprenticeship t shall contractor or subcontractor pay a
contributions o computing P Council. The
of Labot Standards Enforcement isdauthorizeddcontractmount of such
of such contributions to the fund or horde as set fort The Division
authorized to enforce the Payment
27° h in Section
Page 11
The body awarding the contract shall cause to be inserted
contract Stipulations to effectuate this section, in the
Stipulations shall fix the responsibility of contpllance with this
section for .all apprentieeable occu Occupations with the
contractor. p prime
All decisions of .the joint apprenticeship section are subject to the provisions of Sectioncommittee
(Ander this
Stats. 1976, ch. 1179)
1777.6 It shall be unlawful for an employer of a labor union to
refuse to accept otherwise qualified employees as registered
apprentices on any public works, on the
religious creed, color, national origin,ancestry of the race,
except as provided in Section 3077, f such em y' sex' or age,
Stat. 1976, Ch. 1179) ployee. (Amended by
1777.7 (a) In the event a contractor willfully fails to comply
with the provisions of Section 1777.5, such contractor shall,
(1) Be denied the right to bid on any public works contract for a
Period of one year from the date the determination of
noncompliance is made by the Administrator of Apprenticeships and
(2) Forfeit as a civil penalty in the sum of fifty dollars
($50.00) for each calendar day of noncompliance.
the pprevisions of Section 1727, upon receipt otofitsuchndina
determination the awarding body shall withhold
progress payments then due or to become due such sum.
0contract
m.
(b) Any 'such determination shall be investigation, a fair and impartial issued after a full
hearin
sona
prescribed bleg,and rulesreandna
thereof in accordance with reaprocedures
ecribed by the California Apprenticeship Council.
- (c) Any funds withheld by the awarding body pursuant to this
lection shall be deposited in the general fund if the awarding body
is a state entity, or in the equivalent fund of An awarding body if
such awarding body is an entity other than the state.
i
The inter retation and enforcement of Sections 1777.5 and 1777.7
shall be 'n accordance with the rules and procedures o
California Apprenticeship Council. (Amended by Statsi 1978, Che
1249)
It shall be mandatory upon the Contractor, and upon an
subcontractor under him, to pay not less'than�'the said specified
rates to all laborers, workmen, and mechanics employed in the
execution of the Contract. It is further expressly stipulated that
the Contractor shall, as A penalty to the City, forfeit twenty-five
dollatd ($25.00) for each calendar da
ddch laborers workman, or mechanic ypaidrlessthan the
portion
thereof,
stipulated
-`,: prbd�}ling rates for any work done under this Contract by him or by
anY idbcontractor Under work done under this Contract by him or by
shy subcontractor under him, and Contractor agrees to comply with
all provisions of Section 1775 of the Labor Code.
Page 12
In case it becomes necessary for the Contractor or any
subcontractor to employ on the project under this contract, an
person in a trade or, occupation (except executives, sup ervisoryY
administrative, clerical, or other non -manual workers as such) for
which no minimum wage rate is herein specified, the Contractor
shall immediately notify the City, who will promptly thereafter
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 exercised at all
times -for the protection of persons (including employees) and
property. The safety provisions of applicable laws, building 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 Safety Orders issued by the
Industrial Accident Commission of the State of California.
23. PAYMENT. Payment will be made in accordance with the attached a
schedule. The City will make partial - P yment
p payment to the Contractor on the
basis of a duly certified approval estimate of the work ,performed
and materials incorporated in the project, during the preceding
calendar month, by the Contractor, but the City will retain ten
percent (10%) of the 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 within 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 the acceptance of completion of such work of Improvement
as evidenced by resolution of its governing body, at which time and
not before, the City shall pay to the Contractor the whole of the
remaining ten percent (101) of said contract price so held back As
provided; said certificates to be furnished by and obtained from
the City's representative shall, before the last Tuesday of each .
month, deliver said certificates under hand to the City, or in lieu
of such certificates, shall deliver to the Contractor, in writing,
under his hand, a just and true reason for not issuing the
certificates, including a statement of the defects, if any, to be
remedied, to entitle the Contractor to the certificate of
completion. In event of the failure of the City's representative
to furnish and deliver said certificates or any of them or in lieu
Page 13
thereof, the writing aforesaid, within ten• times aforesaid, and after written demand madeafter
o the
for the same, the Contractor may file demand with the Cit pon him
event said certificates are not furnished within ten y' and, in
thereafter, the same shall become due and Payable.(10) days
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 bjected to the
subject whatever
ct to the time
Of such payments, but the entire work is to be su
inspection and approval of the City, and inspection and approval may be required by law.
24. PROTECTION OF PUBLIC UTILITIES.
responsible as between the The City shall be
removal, relocation, or parties to this Contract only, for the
protection of existing public utilities, if
any, located on the site of construction, but only if such public
utilities are not identified by the City in the Plana and
Specifications made a part of the invitation for bids.
The
Shall compensate the Contractor for costs incurred in relocatingior
repairing damage to utility facilities not indicated in the Plans
and Specifications, other than service laterals when the presence
of such utilities on the construction site can be inferred from the
presence of such visible facilities as buildings, and meters and
Junction boxes on, or adjacent to, the construction site. The
Contractor shall not be assessed liquidated damages for delay in
completion of the Contract project, as provided in Paragraph 27
below, when such delay is caused by the failure of
other public utility, to vthe City, or
pro
the existing utility ide for the removal or relocation of
facilities.
while
performing the Contract discovers utility Ifacilities nnotctor identified
by the City in the Contract Plana and Specifications, the service
laterals as hereinabove described, he shall immediately notify the
City in writing.
25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The
shall not be responsible Contractor
for the cost of repairing or restoring
damage to the work caused by an Act of God.
NEVERTHEESS
Contractor shall, if the the
insurance premium is a SeparateLbid�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 waves, when such occurrences or conditions and effects have
been proclaimed a disaster or state of emergency 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 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 building, work, or equipment or any part -thereof, or in,
on, or about the same during its construction{ � before
acceptance.
26. CONTRACTOR'S GUARANTEE.
guarantees the first-class The Contracts .nqualifiedly
materials a quality of all workmanship and of all
apparatus, and equipment used or installed by him or by
any subcontractor of 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 as
performed by the Contractor will conform with the Plans and
Specifications or any written authorized deviations therefrom.
case of any defect in work, materials, apparatus or equipments,
whether latent or patent, revealed to the City within one (1)
year
of the -date of acceptance of completion of this Contract by the
City, the Contractor- will forthwith remedy such defects without
coat to the City.
27. LIQUIDATED DAMAGES. Time shall be of the essence of this
Contract. If the Contractor fails to complete, within the time
fixed for such completion, the work hereinbefore mentioned and
described and hereby contracted to be done and become liable to the City for liquidated damages iinrformedthe sum of shall
ONE HUNDRED FIFTY DOLLARS AND N01100 ($150.00) FOR EACH CALENDAR DAY
for each and every working day during which said work shall remain
uncompleted beyond such time for completion or unlawful extension
thereof, which sum shall be presumed to be the amount of damage
thereby sustained by the City since it would be impracticable or
extremely difficult to fix the actual damages and the amount of
liquidated damages may be deducted by the City from moneys due the
Contractor hereunder, or his assigns and successors at the time of
completion, and his sureties shall be
excess. liable to the City any
-28.. ADDITIONAL PROVISIONS.
None
Page 15
P.O. No,
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
CITY OF CUPERTINO
Approved as to f
Mayors
C ty Attorney
City Clerksy�=
Date/City Clerks /�—�0 —1�17
CONTRACTOR s
STATE OF CALIFORNIA On this ...... , 3rd .. , , , day of ... ,October in the year
...................I......................
COUNTY OF. Contra .Costa , ss' 1989
.. ........................before me,
Helen L . Repard .................... a NotaryPublic, State of California,
............
duly licensed and sworn, personally appeared .. ,Frank Sp o s.e t.o
................
_y
e!r4de:4h
�W �' ��h n.; I'l 1. 24, 1992. „-
�dd6d.r:Ed�3teoi8i�fE.rX(t.ouh:so? s'.�,istliri��ljse�fn�i�)3§s31it:�iaits3liE31111111111
.................................................................................
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 within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF/I have hereunto set in hand and affixed
my official seal in the .......0 /lifornia CContra Costa
ounty f ................... .
This document is only a general form which may be proper for use in simple , , , ,
transactions and in no way acts, or is intended to act, as a substitute for the
..................&�2w
the.d
s
bovint's..
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.
e,,
Cowdery's Form No. 28 — Acknowledgement to Notar P-1-h
Notary
,State of California
y >c —
Corporation (C. C. Secs. 1190-1190.1) — (Rev. 1/83) My commission expires