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82-022 Glage Underground Construction, Inc.; Hillcrest/Vista Knoll Strom Drain; Project No. 83-05
• RI CONTRACT FOR PUBLIC WORK CONTRACT made on G20-7-010 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the City, and GLAGE UNDERGROUND 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: 1. Plans and Specifications for Hillcrest/Vista Knoll Storm Drain, Project 83-05 2. Faithful Performance Bonds, Labor and Materials Bonds, Insurance Certificate 3. This Contract 4: Bid proposal referred to as Exhibit A Any and all obligations of the City and the Contractor are fully set forth and described herein. • 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 doc- uments. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and Specifications on the one hand, and this Con- tract 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, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of Hillcrest/Vista Knoll Storm Drain, Project 83-05 as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the following named person: Mr. Bert J. Viskovich, Director of Public Page 1 Works and adopted by the City, which Plans and Specifications are entitled, respectively, Hillcrest/Vista Knoll Storm Drain, Project 83-05 and which Plans and Specifications are identified by the signatures of the 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 the 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: 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: Four Thousand, Four Hundred Ninety-Five and 80/100 Dollars ($4, 495.80 ) subject to additions and deductions as provided in the Contract Documents. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dis- pute arise respecting the true value of any work done, of any work 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 prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the A- merican 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, easements, etc. , for the construction of the project, give all necessary notices, 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 spe- cially tested or approved, it shall not be tested or covered up with- out 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 such notice, approval, or consent, 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 Specifications or Plans or other Contract Documents, it shall have the right to do so, and the Page 2 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 val- uation, 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 a- gencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. S. 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 Fed- eral statutes and regulations after the Contract has been awarded 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 the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, a- mendment 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 Arbitra- tion Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: On or before the expiration of twenty ( 20 ) working days after approval of contract. 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, lock- outs 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 Doc- uments. 11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall notify the City a sufficient time in advance of the manufacture or Page 3 • 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 Con- tractor. 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 ter- minate the Contract, such notice to contain the reasons for such in- tention 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 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 Con- tractor 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, with- out liability for so doing, take possession of, and utilize in comp- leting 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 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 pay just claims against the Con- tractor or any subcontractors for labor and services 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 dis- cretion. In so doing, the City shall be deemed the agent of the Con- tractor, 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 deter- mination 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. Any notice from one party to the other under the Contract shall be in writing, 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 for 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 Manager 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 Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: 1116 Dell Avenue, Campbell, CA 95008 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, addressed to such surety or person, as the case may be, at the address of such surety or person last com- municated by him to the party giving the notice, postage prepaid and certified. 15 . ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16 . COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Spec- ifications must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by Con- tractor 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 (100% ) of the contract price as security for the faithful performance of this Con- tract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100% ) of the contract price as security for the payment of all persons for furnishing ma- terials, 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 pay- ment of a reasonable attorney' s fee to be fixed by the court in case suit is brought upon the bond. 18 . INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor Page 5 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 ex- tending the Contractor' s coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Con- tractor under this Contract shall also contain an endorsement pro- viding 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 can- cellation of modification of the policy. (a) WORKMEN' S COMPENSATION INSURANCE AND EMPLOYER' S LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract Workmen' s Compensation Insurance and Employer ' s Li- ability Insurance for all of his employees employed at the site of the project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen' s Compensation In- surance 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 following cer- tification, 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 workmen' s compensation or to undertake self insurance in accordance with the provisions of the code, and I will comply with such pro- visions before commencing the performance of the work of this contract. " Page 6 • (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 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 including 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 follows: Bodily Injury Liability Insurance in an amount not less than $300 , 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 $500 , 000.00, on account of one accident, and Property Damage Liability Insurance in an amount not less than $200, 000. 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 the 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 excess insurance only. 19 . HOLD HARMLESS. The Contractor will save, keep, and hold harmless the City and all officers, employees, and agents 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 injury or damage to prop- erty sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in, on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding 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 preceding 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 con- stitiute 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 sub- contractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to Page 7 work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Sec- tion 1815 of the Labor Code of the State of California, work performed by employees of contrators in excess of eight 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 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 Cal- ifornia, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twen- ty-five Dollars ($25.00 ) for each laborer, workman, or mechanic em- ployed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, workmen, 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 worked each calendar day and each calendar week by all laborers, workmen, and mechanics em- ployed by him in connection with the work contemplated by this Con- tract, which record shall be open at all reasonable hours to the in- spection of the City or its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime work in the locality in which this work is to be per- formed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. 1776 . (a) Each contractor and subcontractor shall keep an ac- curate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be availabe for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. Page 8 (2) A certified copy of all payroll records enumerated in sub- division (a) shall be made available for inspection or furnished 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 sub- division (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 con- tract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the contractor. (c) Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records with 10 days after receipt of a written request. (d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Di- vision of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of the con- tractor 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) , includ- ing the street address, city and county and shall, within five working days, provide a notice of a change of location and address. (f) In the event of noncompliance with the requirements of this section, the contractor shall have 10 days in which to comply sub- sequent to receipt of written notice specifying in what respects such contractor must comply with this section. Should noncompliance still be evident after such 10-day period, the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipula- tions shall fix the responsibility for compliance with this section on the prime contractor. (h) The director shall adopt rules consistent with the California Public Records Act, (Ch. 3. 5 (commencing with Sec. 6250 ) of Div. 7, Title 1, Gov. C. ) and the Information Practices Act of 1977, (Title 1. 8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ.C. ) governing the Page 9 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. 1978, Ch. 1249 . ) 1775. 5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. Only apprentices, as defined in Section 3077 , who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070 ) , Division 3, of the Labor Code, are eligible to be employed on public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in per- forming any of the work under th contract or subcontract, employs workmen in any apprenticeable craft or trade, the contractor and sub- contractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the contractor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices 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 employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. The contractor or subcontractor, if he is covered by this sec- tion, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices. or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the contract that Page 10 • he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than on apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30, 000) or 20 working days or to contracts of specialty contractors not bid- ding for work through a general or prime contractor, involving less than two thousand dollars ($2,000) or fewer than five working days. "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations presecribed by the Apprentice- ship Council. The joint apprenticeship committee shall have the dis- cretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any on of the following conditions is met: (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5 or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis. (d) If assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees of the public at large if the specific task to which the apprentice is to be assigned is of such \a nature that training cannot be provided by a journeyman. When such exemptions are granted to an organization which repre- sents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committes, provided they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or any subcon- tractor under him, who, in performing any of the work under the con- tract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contribut- ing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators are unable to Page 11 • accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The contractor or subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of Labor Standards Enforcement is authorized to enforce the payment of such contributions to the fund or funds as set forth in Section 227. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. All decisions of the joint apprenticeship committee under this section are subject to the provisions of Section 3081. (Amended by 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 appren- tices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077 , of such employee. (Amended by Stats. 1976, Ch. 1179 . ) Sec. 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 Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50 ) for each calendar day of noncompliance. Notwithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract progress payments then due or to become due such sum. (b) Any such determination shall be issued after a full in- vestigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. (c) Any funds withheld by the awarding body pursuant to this section 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. The interpretation and enforcement of Sections 1777. 5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch. 1249. ) It shall be mandatory upon the Contractor, and upon any subcon- tractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. If is further expressly stipulated that the Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each laborer, workman, ' Page 12 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 Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. In case it becomes necessary for the Contractor or any subcon- tractor 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 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 Con- tractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupa- tion 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 proper- ty. The safety provisions of applicable laws, building and construc- tion codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety pro- visions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23 . PAYMENT. Not later than the first Tuesday of each calendar month, the City will make partial 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 (10% ) 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 his 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 or certificates. In event of the failure of the City' s 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 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 Page 13 • 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 entitled the Contractor to the certificates. The payment of progress payments by the City shall not be cons- trued as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspec- tion and approval of the City, and subject to whatever inspection and approval may be required by law. 24. PROTECTION OF PUBLIC UTILITIES. The City shall be respon- sible, as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, lo- cated on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Con- tractor for costs incurred in relocating or repairing damage to util- ity facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the con- struction site can be inferred from the presence of such visible fa- cilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed li- quidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the re- moval or relocation of the existing utility facilities. If the Con- tractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR' S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an act of God. NEVERTHELESS, 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 occur- rences 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 Cali- fornia or by the President of the United States, or were of a mag- nitude at the site of the work sufficient to have caused a proclama- tion 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 equip- ment or any part thereof, or in, on, or about the same during its construction and before acceptance. 26. CONTRACTOR' S GUARANTEE. The Contractor unqualifiedly guar- antees the first-class quality of all workmanship and of all mater- ials, apparatus, and equipment used or installed by him or by any Page 14 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 guar- antees 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. In case of any defect in work, materials, apparatus or equipment, 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 defect or defects without cost 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 performed, he shall become liable to the City for liquidated damages in the sum of Fifty and no/100 dollars ($50.00 ) , for each and every 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 damage; 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 the Contractor hereunder, or his assigns and successor at the time of completion, and the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. Page 15 Purchase Order Number: 28 . ADDITIONAL PROVISIONS. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO Approv d es to f r Mayor,.0(4 de jC 4_ City Attorney City Clerk: // /. - Date/Cit CONTRACTOR: GLAGE UNUN�D CONSTRUCTION, INC. By: Thomas Glage, President Notary acknowledgement required. If a corporation, corporate seal and corporate notary acknowledgement required. Project Name and Number: Hillcrest/Vista Knoll Storm Drain, Project 83-05 Contractor' s Name: Glage Underground Construction, Inc. Contract Amount: Four Thousand Four Hundred Ninety-Five and 80/100 Dollars ($4, 495.80 ) Contract Account Number: 210-8305-950. 13 Page 16 • STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On this day of day of , in the year of , before me , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. Notary Public in and for the County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On this day of 18 day of August , in the year of 82 , before me Brenda D. Bevil , personally appeared Thomas Plage , 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 secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. NDN9NDCZCI9Co ocococococoa OFFICIAL SEAL g6A--e-VLOL1-1 � //p '�,,; BRENDA D. BEVIL ggU"—u 3 i%Sr.k G,; NOIni:I risLLIC-CALLOMA o Notary Public in and for the County \\.u.. G of Santa Clara, State of California �� SANTA CLARA COUNTY My Comniuion Expires May 23, 1984 61 St2 .^r9=,'=cooJtxpuryc cel 2 4 /on /on CITY • OF CUP ERT I N O DEPARTMENT OF PUBLIC WORKS CALL FOR BIDS STORM DRAIN HILLCREST/VISTA KNOLL PROJECT 83-O5 BID OPENING WEDNESDAY 2:00 P.M. AUGUST 11, 1982 • BERT J. VISKOVICH, DIRECTOR OF PUBLIC WORKS CITY HALL 10300 TORRE AVENUE CUPERTINO, CALIFORNIA 95014 TABLE OF CONTENTS CONTRACT DOCUMENTS A. Bid Documents 1. Notice to Contractors 2. Proposal B. General Provisions 1. Definitions of Terms 2. Prosecution and Progress 3. Control of Work 4. Control of Materials 5. Legal Relations and Responsibilities to the Public 6. Proposal Requirements and Award of Contract C. Special Provisions 1. Location 2. Scope of Work 3. Estimated Quantities 4. Explanation of Bid Items 5. Time of Completion 6. Control of Work 7. Utilities 8. Access to Private Property 9. Preservation of Property lo. Staking City of Cupertino 10300 Torre Avenue Cupertino, California 95014 NOTICE TO CONTRACTORS Storm Drain/Hillcrest/Vista Knoll Project 1l 83-05 The City of Cupertino, Santa Clara County, California, invites sealed proposals for the construction of the work as delineated on the Plans or in the Specifications, entitled, Storm Drain/Hillcrest/Vista Knoll Project /E 83-05 Said sealed proposals will be received at the office of the City Clerk, Room 101, City Hall, City of Cupertino, California, until 2:00 P.M. , Wednesday August 11, 1982 , at which time they will be publicly opened and the comparative totals read. All bids received will be reported to the City Council of Cupertino within thirty (30) days of receipt, at which time the Council will review and act upon the bids submitted. Award, if any, will be to the lowest responsible bidder. Payment will be made in cash by said City upon submission by the Contractor and approval by the Engineer of a progress billing which reflects the value of the work completed. The progress payments made as work progresses will be payments on account and will not be considered as an acceptance of any part of the materials or workmanship required by the Contract. Pursuant to Section 4590 of the California Government Code, the Contractor will be permitted, at its request and sole expense, to substitute securities for any moneys withheld by the City to ensure performance under the contract. Said securities will be deposited either with the City or with a state or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. All proposals or bids shall be accompanied by a cashier's or certified check payable to the order of the City of Cupertino, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said City, signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. Said check shall be forfeited or said bond shall become payable to the City in case the bidder depositing the same does not, within ten (10) days after written notice that the contract has been awarded to him, enter into a contract with the City. (NOTICE TO CONTRACTORS, PAGE 2) Contractor shall furnish to City a faithful performance bond and labor and material bond as required in said specifications. It shall be mandatory upon the Contractor to whom the contract is awarded, and upon all subcontractors under him, to pay not less than said general pre- vailing rates of per diem wages, as above listed, to all laborers, workmen and mechanics employed in the execution of the contract. All bids shall be compared using the estimate of quantities prepared by the Engineer of Work and the unit prices submitted. No incomplete nor inter- lineated proposal or bid will be accepted. Bidders are required to bid on all items of the proposal. • No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9 of Division 3 of the Business and Professions Code of the State of California. • The contract shall not be awarded to any bidder who does not possess the proper classification of license. Special attention of bidders is directed to Section 6 for full directions as to bidding. Plans, Specifications and Contract Documents may be reviewed and copies of same may be obtained at the office of the City Engineer, City Hall, Cupertino California, upon deposit therefor of $ 5.00 per set, none of which deposit will be refunded. The City of Cupertino reserves the right to reject any or all bids, and further reserves the right to delete any item or items from the proposal or to increase or decrease the quantity of any item thereof. CITY OF CUPERTINO Date : ✓ -2 t y — By/ / City Clerk Publish: Cupertino Courier July 27th, 1982 August 3rd, 1982 • BID PROPOSAL • HILLCREST/VISTA KNOLL STORM DRAIN PROJECT 83-05 \a%� ^ TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIAS Dear Sir: In compliance with the Plans and Specifications furnished for the Hillcrest/Vista Knoll Storm Drain, Project 83-05 I, the undersigned, hereby declare that I have read the proposal requirements and hereby propose to do all work required to complete the said work in accordance with the Specifications and/or Plans for the amounts set forth here- in on the incorporated schedule. The work shall be the installation of storm drain improvements as outlined in the Speci- fications and/or Plans outlined herein. All necessary preparation as well as "clean up" is included in the prices bid and no extra compensation will be sought. All work will be done in a workmanship-like manner and will meet or exceed the embodied requirements and/or the standards stipulated by the City Engineer. The undersigned also understands that the quantities shown below are estimates only, beign given as a basis for comparison of bids by the City Council. The City reserves the right to increase or decrease the amount of class or portion of the work or to omit items as may be deemed necessary by the Engineer. A bid bond in the amount of 10% is required. Award shall be to lowest bidder; however, the City Council reserves the right to reject any or all bids. BID EST. QTY. UNIT ITEM UNIT ITEM PRICE TOTAL 1. 2 EACH Provide & install City Standard Drop inlet complete for One Thousand Ninty- • three and 50/100 $ 1,093.50 /EA $2,187.00 Dollars/Each 2. 130 L.F. Provide & install 8" diameter C.M.P. complete forSeventeen and 76/100 $ 17.76 /L.F. $2,308.80 Dollars/Each TOTAL: $4,495.80 ADDITIVE ALTERNATIVE BID ITEM A-1 7 TON Provide & install A.C. section com- plete for One hundred twenty-seven and no/loo $ 127.00 /TON $889.00 Dollars/Ton _1__ A. BID DOCUMENTS, continued BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifica- tions as a part of this proposal, and the truthfulness and accuracy of the information is hereby guaranteed. (1) How many years has your organization been in business under its present name? 11 years (2) How many years' experience in work comparable with that required under the proposed contract has your organization had by this or any •other name? 25 years (3) Contractor's License No. 271492 ,• State of California, Classification C-42 S-A (4) List work similar in .character to that required in the proposed contract which your organization or personnel in your organization has completed within the past three years. Year . Class, Location of Work and for Whom Performed Contract Amount Over the past 25 years we have completed numerous projects comparable to the proposed contract. Those projects have been performed -throughout Santa Clara County for various • municipalities including the City of Cupertino, as well as many of the prime contractors in this area. • A. BID DOCUMENTS , continued Name of Proposed Sub-Contractor, if any (Section 4104 Government Code) 1• NONE 2. 3. 4. 5. 6. Address of Shop or Office of Sub-Contractor (Section 4104 Government Code) 1. • • 3. 4. 5. 6. Work to be performed by Sub-Contractor (Section 4104 Government Code) 1. • • • 2. 3. 4. 5. 6. • A. BID DOCUMENTS, continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS : Individual Co-Partnership Corporation xx Joint Venture Other (describe) Glage Underground Construction, Inc. a California Corporation Thomas Glage, President, Tres. , Mgr. NAME AND Brenda Bevil , Secretary SIGNATURE OF BIDDER:' G1 e Underground Construction, Inc. Thomas Glage, President ' 1116 Dell Avenue Address Date August 11, 1982 Campbell , Calif. 95008 • Addenda Received: • 1 2 3 4 5 Proposal Page 4 • B. GENERAL PROVISIONS 1. DEFINITIONS OF TERMS By this reference, the latest published edition of the "Standard Specifications of the State of California Department of Transportation", as revised, is adopted as the specifications of this project. The definitions and terms outlined in Section 1 of the Standards shall apply with the following modifications: 1-1.13 - Department = The City of Cupertino 1-1.15 - Director = Bert J. Viskovich 1-1.18 - Engineer = Director of Public Works or his appointed agent(s) 1-1.25 - Laboratory = Department approved testing laboratory 1-1.32 - Proposal Form = The form(s) provided by the Department and provided in the Special Provisions of the Project Specifications. 1-1.39 - State = City of Cupertino 1-1.50 - Superintendent = A person as designated in writing by the Contractor, who shall be present at all times during the work and authorized to receive and fulfill instructions from the Engineer. • • B-1 B. GENERAL PROVISIONS, continued • 2. PROSECUTION AND PROGRESS A. Subletting and Assignment The Contractor shall give his personal attention to fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor and their work shall be subject to the provisions of the contract and specifications . Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the City Engineer, the subcontractor shall be removed immediately on the requisition of the City Engineer and shall not again be employed on the work. The contract or any portion of it may be assigned only upon written consent of. the City Engineer. B. Progress of the Work and Time for Completion • The Contractor shall begin work within fifteen (15) days after receiving notice that the contract has been approved and shall diligently prosecute the same to completion within the number of working days as shown in the Special Provisions. C. Character of Workman If any subcontractor or person employed by the Contractor shall fail or refuse to carry out the directions of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the requisition of the Engineer, and such person shall not again be employed on the work. • D. Temporary Suspension of the Work The Engineer shall have the authority to suspend the work wholly or in part for such period as he may deem necessary, due to unsuitable. weather, or to such other conditions as are considered unfavorable for the suitable prose- cution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. • B-2 B. GENERAL PROVISIONS, continued 2. PROSECUTION AND PROGRESS, continued E. Time of Completion and Liquidated Damages The work to be performed under this contract shall be completed pursuant to Paragraph B, Section B, hereinabove set forth. Should the Contractor fail to complete this contract and the work provided for therein within the fixed time for completion, the parties hereto agree that it would be impractical or extremely difficult to fix the actual damage to the City and, therefore, agree that the Contractor shall be liable to the City in the sum of fifty dollars ($50.00) , or as further specified in the Special Provisions, per day for each working day this contract is delayed beyond the time for completion as hereinabove set forth by failure of the Contractor to complete the contract as specified. - Such payment shall be construed to be liquidated damages by the Contractor in lieu of any other claim for damages because of such delay and it is specifically agreed by the parties hereto that such payment shall not be construed as a penalty. In case such payment is not made by the Con- tractor, Contractor agrees that the City may deduct such payment from any monies due or that may become due to the Contractor under this contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may deem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work, all - or any part, as it may deem proper, of the actual cost of engineering, inspec- tion, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue. Preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or the delays of subcontractors due to such causes; provided that the Contractor shall within ten (10) days from the beginning of any such delay, notify the Engineer in writing of the causes of delay, who shall ascertain the facts and the extent of the delay, and his findings of the facts thereon shall be final and conclusive. F. Suspension of Contract If at any time in the opinion of the City Council the Contractor has failed to supply an adequate working force or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the Engineer, within the time specified in such notice, the City Council B-3 B. GENERAL PROVISIONS, continued 2. PROSECUTION AND PROGRESS, continued in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council or its duly authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises, and use the same for the purpose of completing said contract, and hire equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for the completion thereof; or may employ other parties to carry the contract to completion, employ the necessary woikmen, substitute other machinery or materials, and purchase the materials contracted for, in 'such manner as the City Council may deem proper; or the City Council may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefore. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such non- compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. G. Right of Way The right of way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements and pay all expenses for additional area required by him outside of the limits of right of way, unless otherwise provided in the Special Provisions. B-4 B. GENERAL PROVISIONS, continued • •3. CONTROL QF WORK A. Authority of the Engineer The Engineer shall decide any and all questions which may arise as to the • quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work; all questions which arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensation. The Engineer's decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly. • B. Plans All authorized &iterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. Working drawings or plans for any structure not included in the plans, fur- nished by the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval be waived in writing by the Engineer. It is mutually agreed, however, that approval by the Engineer of the Contrac- tor's working plans does not relieve the Contractor of any responsibility 1 for accuracy of dimensions and details, and that the Contractor shall be responsible for agreement and conformity of his working plans with the approved plans and specifications. C. Conformity With Plans and•Allowable Deviations Finished surfaces, in all cases, shall conform with the lines, grades, cross- sections; and dimensions shown on the approved plans. Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Engineer and authorized in writing. D. Coordination of Plans and Specifications The plans and specifications and all supplementary documents are essential parts of the contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe, and to provide for a complete work. Plans shall govern over standard specifications and standard details; specifications' ipecial provisions shall govern over the plans and standard specifications and standard details . B-5 B. GENERAL PROVISIONS, continued 3. CONTROL OF THE WORK, continued E. Interpretation of Plans and Specifications Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in these specifications , plans, and special provisions, the Contractor shall apply to the Engineer for such further explanation as may be necessary, and shall conform to such explana- tion or interpretation as part of the contract , so far as may be consistent with the intent of the original specifications. In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. F. Superintendence Whenever the Contractor is not present on any part of the work where it may be desired to give direction, orders will be given by the Engineer, in writing and shall be received and obeyed by the superintendent or foreman in charge of the particular work in reference to which orders are given. • • G. Lines and Grades All distances and measurements are given and will be made in a horizontal plane. Grades are given from the top of stakes or nails, unless otherwise noted on the plans. Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists , it must be reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work. The Contractor shall give at least 24 hours' notice in writing when he will require the services of the Engineer for laying out any portion of the work. The Contractor shall furnish the Engineer such facilities and labor necessary for marking and maintaining points and lines as he may require. The contrac- tor shall dig all holes necessary for the line and grade stakes. The Contractor shall properly guard and preserve all monuments, all property corners, all stakes, set for lines, grades, or measurements of the work in their proper places until authorized to remove them by the Engineer. All monuments, property corners , stakes that have been removed without proper authority shall be replaced by the Contractor at his expense. H. Inspection The Engineer shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials used and employed in the work. The Contractor shall furnish telephone service at any plant facility serving the work for such purpose. B-6 B. GENERAL PROVISIONS, continued .3 . CONTROL OF THE WORK, continued All work done by the contractor shall be accomplished between the hours of 8:00 A.M. and 5 :00 P.M. , Monday through Friday, unless authorized in writing by the Engineer. Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. Inspection Costs for any work done before 8:00 A::4. or after 5:00 P.M. on a regular work day or on Saturdays, Sundays or holidays, shall be paid for by the Contractor at the rate of $22.00 per hour, or latest amended rate approved by City Council, except where such work is specifically required by the specifications. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer and accepted or estimated for payment. Projects financed in whole or in part with state funds shall be subject to inspection at all times by the State Director of Public Works, or his agents. I. Removal of Defective and Unauthorized Work All work which is defective in its construction or deficient in any of the requirements of these specifications shall be remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such corrections. Any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority, will be considered as unauthorized and may not be paid for. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work removed, and to deduct the costs thereof from any monies due or to become due to the Contractor. J. Final Inspection Whenever the work provided and contemplated by the contract shall have been satis- factorily completed and the final cleaning up performed, the Engineer will make the final inspection. K. Dust Control At all times during construction and until final completion and acceptance the Contractor shall prevent the formation of an air-borne dust nuisance by oiling (or watering) as required by the Engineer to treat the site of the work in such a manner that will confine dust particles to the immediate surface of the work. The Contractor shall perform such oiling (or watering) within two (2) hours after notification by the City Engineer that an B-7 B. GENERAL PROVISIONS, continued • 3. CONTROL OF WORK, continued air-borne dust nuisance exists. If the Contractor fails to remove the nuisance within two hours, the City of Cupertino may order that the work of oiling (or watering) of the site be done by City personnel and equipment or by others and all expenses incurred in the performance of this work shall be charged to the Contractor and paid for by the Contractor. L. Final Clean-Up The Contractor shall provide all necessary equipment, skill and manpower to "clean up" the work and related areas. This work shall be included in the various bid items and shall leave any and all areas in which the Con- tractor has entered in a condition which is neat and free from debris, weeds . and material not called for on the Plans or in the Specifications. The Engineer shall have final approval on determining if the Contractor has completed the clean up portion of the work. M. Changes in the Work Section 4-1.03 of the Standards shall apply. B-8 B. GENERAL PROVISIONS, continued 4. CONTROL OF MATERIALS A. Samples and Tests The source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer. All tests of the materials furnished by the Contractor shall be made in accordance with coiimonly recognized standards of national organiza- tions, and such special methods and tests as are prescribed in the Spec- ifications. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No material shall be used until it has been approved by the Engineer. Additional samples may be secured and tested whenever necessary to determine the quality of materials . B. Defective Materials All materials not conforming to the requirements of these specifications shall be considered as defective, and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Engineer. No _ rejected material, the defects of which have been subsequently corrected, shall be used until approved in writing by the Engineer. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. B-9 B. GENERAL PROVISIONS, continued • • • 5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC A. Laws to be Observed The Contractor shall keep himself fully informed of all existing and future State and National laws and all municipal ordinances and regu- lations of the City of Cupertino which in any manner affect those en- gaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. B. Hours of Labor The Contractor shall forfeit, as penalty to the City of Cupertino, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract by him, or by any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the pro- visions of the Labor Code and, in particular, Sections 1810 to 1815 thereof, inclusive. C. Labor Discrimination No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 1 of Part VII, in accordance with the provisions of Section 1735 of the Labor Code. D. Prevailing Wage Pursuant to the Labor Code of the State of California, or local law there- to applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime work in the locality in which this work is to be performed, for each craft, classification or type of laborer, workman or mechanic needed to execute this Contract. The prevailing wages so determined are. on file for review at the City Clerk's Office, City of Cupertino. Neitherthe notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which 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 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 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 Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. B-10 B. GENERAL PROVISIONS, continued 5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC, continued E. Foreign Materials Section 6-1.08 of the Standards shall apply. F. Registration of Contractors Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Pro- fessions Code. The contract shall not be awarded to any bidder who does not possess the proper classification of license. G. Trench Safety Attention is directed to the provisions of Section 6422 of the Labor Code concerning trench excavation safety plans. H. Apprentices Attention is directed to the provisions in Sections 1777.5 and 1777 .6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. I. Safety Provisions The Contractor shall conform to the rules and regulations as established by the California Division of Industrial Safety. J. Minority Employment The Contractor shall comply with the recommended minority employment practices of the U.S. Department of Housing and Urban Development as established for Santa Clara County. K. Permits and Licenses The Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the work. This does include City licenses unless waived in the Special Provisions. L. Patents The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work. B-11 5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC, continued M. Public Convenience and Safety The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. Unless other existing streets are stipulated in the special provisions to be used as dctours, all traffic shall be permitted to pass thro,.gh the work. Residents along the road or street shall be provided passage as far as practicable. Convenient access to driveways , houses and buildings along the road or street shall be maintained and temporary crossings shall be provided and maintained in good condition. Not more than one cross or intersecting street or road shall be closed at any one time without approval of the Engineer. The Contractor shall furnish, erect and maintain such fences, barriers, lights, signs and flagmen as are necessary to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions to be encountered as a result thereof, and he shall also erect and maintain such warning and directional signs as may be furnished by the City. All costs of furnishing flagmen shall be considered to be included in the various bid items, and no special compensation will be allowed. N. Respcnsibility for Damage The City of Cupertino, the City Council, the Engineer or his agents shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any material or equip- ment used in performing the work; or for injury or damage to any person or persons, either workmen or the public; for damage to adjoining property ' from any cause whatsoever during the progress of the work or at any time before final acceptance. The Contractor shall indemnify and save harmless the City of Cupertino, the City Council and the Engineer or his agents from any suits, claims or actions brought by any person or persons for or on account of any injuries or damages sustained or arising in the construction of the work, or in con- sequence thereof. The City Council may retain so much of the money due the Contractor as shall be considered necessary, until disposition has been- made of such suits or claims for damages as aforesaid. 0. Contractor's Responsibility for Work Except as provided above, until the formal acceptance of the work by the City Council, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the Federal government or the public enemy. B-12 B. GENERAL PROVISIONS , continued 5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC, continued P. No Personal Liability Neither the City Council, the Engineer nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract. Q. Responsibility of the City The City of Cupertino shall not be held responsible for the care or protection of any material or parts of the work prior to final accep— tance, except as expressly provided in these specifications. R. Public Liability and Property Damage Insurance Before the contract is entered into, the bidder to whom it is awarded shall furnish to the City Council satisfactory proof that he has taken out for the period covered by the proposed contract, public liability insurance and property damage insurance with an insurance carrier satis— factory to the City under forms satisfactory to the City, to protect the City of Cupertino against loss from liability imposed by law for damages, (1) on account of bodily injuries, including death resulting therefrom, accidentally suffered or alleged to have been suffered by any person or persons not employed by the Contractor, that may be caused directly or indirectly by the performance of the contract, and (2) on account of injury to or destruction of property, including the resultant loss or use thereof, resulting from any act of the City or omission by the Contractor, or otherwise resulting directly or indirectly from his operations in the performance of the contract. Said insurance shall also directly cover and protect the City of Cupertino, a municipal corporation, its elective and appointive boards, officers, agents and employees, and shall be maintained by the Contractor in full force and effect during the entire period of performance of the contract. Said public liability insurance shall be in amounts not less than $300,000 for one person injured in one accident and not less than $500,000 for more than one person injured in one accident, and said property damage insurance shall be in an amount not less than $200,000. If the Contractor fails to maintain such insurance, the City may take out such insurance to cover any damages of the above—mentioned classes for which the City might be held liable on account of the Contractor's failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under the contract. Nothing herein contained shall be construed as limiting in any way the extent to which the Contractor may be held responsible for payment of damages resulting from his operations. The insurance shall run for the length of the contract and, in addition, to the one year guarantee date. S. Cooperation Between Contractors Where two or more Contractors are employed on related or adjacent work, each shall conduct his operations in such a' manner as not to cause any unnecessary delay or hindrance to the other. Each Contractor shall be B-13 B. GENERAL PROVISIONS, continued 5, LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC, continued responsible to the other for all damage to work, to person or property or for loss caused by failure to finish the work within the time specified for completion. T. Workmen's Compensation Pursuant to the requirements of Section 1860 of the Labor Code (Chapter 1000, Statutes of 1965) , the Contractor will be required to secure the payment of workmen's compensation to his employees in accordance with the provisions of Section 3700 of the Labor Code. Prior to the commencement of work, the Contractor shall sign and file with the Engineer a certification in the following form: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Said certification is included in the contract, and signature and return of the contract as provided in Section 3-1.03, "Execution of Contract," shall constitute signing and filing of the said certificate. U. Evidence of Payment Upon request by City, Contractor shall submit reasonable evidence that all payrolls, materials, bills and other indebtedness connected with the Work have been paid. If any liens for labor or materials furnished hereunder remain unsatisfied after final payment by City, Contractor agrees to pay City all monies that City may be compelled to pay in discharging such lien, including all costs and a reasonable attorney's fee. B-14 • B. GENERAL PROVISIONS, continued 6. PROPOSAL REQUIREMENTS AND AWARD OF CONTRACT A. Proposal Forms All proposals shall be submitted only upon blank forms prepared by the City therefor and bound in the Special Provisions. All proposals shall state the prices proposed, both in writing and figures and shall show a total, and shall be signed by the bidder, with his address. If the proposals are made by an individual, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the pro- posal shall show the name of the state under the laws of which the corporation was chartered and the names, titles and business addresses of the president, secretary and treasurer and the proposal shall show the corporate seal. B. Proposal Guarantee All proposals or bids shall be accompanied by a bidder's bond, cashier's check or certified check made payable, in the amount of 10% of the proposal, to the City of Cupertino as guarantee that bidder, if awarded the contract, will within ten (10) days after notice of award, enter into a contract with the City for the work. The amount of security shall equal or exceed the base bid and all additive alternates, if any. C. Rejection of Proposals Due to Irregularity Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternative bids not called for, incomplete . bids or erasures, or for irregularity of any kind. Only .the proposal forms prepared by the City shall be used. D. Action on Proposals The City Council of the City of Cupertino may reject any and all bids deemed not in the best interests of the public good and welfare and, further, may reject the bid or proposal of any party whose performance on former contracts has been delinquent or unfaithful, and shall reject all bids or proposals other than the lowest acceptable bid or proposal. Decision as to the lowest acceptable bidder rests with the City Council of the City of Cupertino, and its decision thereon shall be final and binding on all bidders. E. Award of Contract Award of contract, if it be awarded, shall be to the lowest acceptable bidder as determined by the City Council of the City of Cupertino and shall be made within 30 calendar days from and after receipt of bids. F. Contract Bonds The Contractor shall furnish two good and sufficient bonds. Each of the said bonds shall be executed in a sum equal to the contract price. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor; and the other of the said bonds shall be furnished as required by the terms of Sections 4200 to 4210, inclusive, of the Government Code of the State of California. Labor and materials bond will be released six months B-15 • 6. PROPOSAL REQUIREMENTS AND AWARD OF CONTRACT, continued after the Notice of Completion, and the Faithful Performance shall be reduced to ninety (90) percent at the Notice of Completion. The remaining ten per cent (10%) will be released at the end of one year. G. Execution of ;oncract The successful bidder, as Contractor, shall execute the Agreement set forth in the contract document and provide the contract bonds and insurance certificates required therein within ten (10) days of notification of award of contract. Failure to do so may result in annulment of award and for- • feiture of the proposal guarantee. No proposal shall be considered binding upon the City of Cupertino until execution of a contract agreement. H. Examination of Site and Plans and Specifications The bidder is required to examine carefully the site of work and the pro- posal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to rhe conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. I. GUARANTEE OF WORK The successful bidder, as Contractor, shall furnish a good and sufficient bond, in the amount of 10%, acceptable-to the City of Cupertino, which bond shall guarantee chat no part of the work shall show any defect for one (1) year from the date of the Notice of Completion; that he will repair or replace, at his own expense, any part of the work which may develop defects within such period; that he will repair or replace or refinish with like apparatus or materials or service any existing work which he may damage during such repair, replacement or refinishing; and that he will leave the entire installation on completion and acceptance in complete working order and free from any and all defects in material, workmanship or finish. J. PAYMENT Not later than the first Tuesday of each calendar month, provided estimates arrive by the last Tuesday of the previous month, the City will make partial 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 improvements asevidenced by resolution of its governing body, at which time and not before, -B-16 B. GENERAL PROVISIONS, continued • 6.' • PROPOSAL REQUIREfENTS AND AWARD OF CONTRACT, continued the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided. The payment of pro- gress 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 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. K. Standard Specifications) The term "Standard Specifications" as herein used refers to the latest Rublished_edition of the State of California, .Department of Transportation,— Standard Specifications,_.as _revised._ Section nu bers referred_to_herein refer to that edition of._theitandard Specifications. Standard details of the City of Cupertino _are :to supplement the Standards. L. Public Opening of Proposals All proposals submitted in accordance with these specifications shall be opened and read publicly at the time and place indicated in the "Notice to Contractors." • M. Subcontractor Listing All bidders shall, on the forms provided in the proposal, list any and all subcontractors which will be used on the project. The submission shall be in accordance with Section 4104 of the Government Code. Incomplete forms may be a cause for rejection. • N. Competency of Bidders All bidders are required to complete the "Bidder Qualification Form" as is provided in the Proposal. Incomplete forms or experience not in the field of work being bid on may be a cause for rejection. B-17 C. SPECIAL PROVISIONS 1. LOCATION The work is located within the City of Cupertino, County of Santa Clara, State of California, at the northerly end of Hillcrest Road and on private property located at 10257 Vista Knoll Boulevard. 2. SCOPE OF WORK The work to be accomplished herein is to install storm drain improvements as shown upon the contract plans. Work includes the installation of flat grate drop inlets and the installation of 8" corrugated metal pipe, including all appurtenances. 3. ESTIMATED QUANTITIES Item Description Unit Est. Qty. 1. Provide and install drop inlet Each 2 2. Provide and install 8" C.M.P. L.F. 130 ESTIMATED QUANTITIES FOR ALTERNATE ADDITIVE BID ITEM Item Description Unit Est. Qty. A-1 Provide and install A.C. TON 7 4. EXPLANATION OF BID ITEMS This unit price bid item shall include all costs .of lahor, equipment and3naterials necessary for• the.furnishing.and .cofstructing; cgmplete in place.and operating, in accordance with.these specifications. `Any item.des.cribed.in the: Special Provisions and not specifically,-listed.as,:a bid:item._shall be considered as .included in the various' bi4 items and no special compensation will he allowed. BID ITEM NO. 1 - FLAT GRATE DROP INLET (EACH) This unit price bid item shall include all costs for providing, installing and finishing a 24" flat grate drop inlet in accordance with the City of Cupertino Standard Details, Page 13 of 51. Class A portland cement concrete shall be used. BID ITEM NO. 2 - 8" C.M.P. (L.F.) This unit price bid item shall include all costs for providing, installing and joint- ing of 8" C.M.P. as shown on the contract plans. Also included shall be for pro- viding and installing all necessary anchor stake with strap to secure the 8" C.M.P. Also included shall be the connecting of said 8" C.M.P. to the existing field inlet as shown on the Contract Plans. Install anchor and stake per State of California Standards as shown on attached Exhibit A. C-1 SPECIAL PROVISIONS, continued ALTERNATE BID ITEM A-1 - ASPHALT CONCRETE (TON) This unit price additive bid item shall include all costs for providing and com- pacting the asphalt section as shown on the Contract Plans and as specified here- in. Tack coats and paint binder, shall be included herein. Type B, (1/2" maximum) medium graded asphalt concrete, as specified in Section 39- 2.04 shall be used on this project. The asphalt used shall be graded AR 4000. 5. TIME OF COMPLETION The Contractor shall diligently prosecute the work and said work shall be completed before the expiration of twenty (20) working days from the approval of the contract. 6. CONTROL OF WORK It shall be unlawful and a public nuisance for any person to carry on construction at any location within 750 feet of any residential area during Saturdays, Sundays and Holidays, as hereinabove defined, and on weekdays between the hours of 8:00 P.M. and 7:00 A.M. of the following day, withing the City of Cupertino. 7. UTILITIES The Contractor shall have all of the utilities field locate the underground mains and services. All damages to the utilities shall be repaired at the expense of contractor. A reasonable effort has been made by the City to obtain the locations of the utilities.. • 8. ACCESS TO PRIVATE PROPERTY Contract shall-notify all affected residents of the time and date of commencing work. Contractor shall maintain all driveways and other entrances to private or public property in a passable condition at the end of the day's work. 9. PRESERVATION OF PROPERTY Due care shall be exercised to avoid injury to existing roadway facilities, utility facilities, adjacent property, trees, shrubs, and other plants that may be in the vicinity of work. Any tree, shrub and/or other plants that need to be removed must have the approval of the City Engineer. 10. STAKING All necessary survey staking shall be supplied by the City. 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"."19 9 pm MflU10u pee p IMM podol:3101 M31A ON3 1�B 'NT, i l . •'�" 4ae1 wawa L n-Lill Z 3D1A1-H3dVl 30NVH1N3 rI e3�- M�eyip vi •2�° Pada— ......_ 'Mp uWP0I0e.o oPo].P.PYC 1"� LrlictpI u /I �.>7 a 0MIn41 4100 a 1 0401 d-s II '' 11 11 Dz,MI,SI ZI�9 0 .09n 4 10 �.L�-�•..�4,wirel,..d .012 :2 .01 .Td ,04 a .Ad IIPl 014 I 1140 Nqa 04111.o 4al.uw0p a$] 4013 WwIa6 IalaW wledn, 3 parlay K Plan=Papa.aa q q amt Pa 1444041 'Nam 111d 41044140 400 100 ale.SPEW Pt Delle 1401 • BOND NO. SCR5338297 • PREMIUM: $54.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, GLAGE UNDERGROUND CONSTRUCTION INC, as Principal and FIREMANS FUND INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Four Thousand Four Hundred Ninety-Five and 80/100 Dollars ($ 4,495.80 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated August 11, 1982 , with the Obligee to do and perform the following work to-wit: Hillcrest/Vista Knoll Storm Drain, Project 83-05 NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 18th day of August , 19 82 . (To be signed by Principal and Surety and acknowledgment.) • GLAGE T/DERGROUNDONSTRUCTION / ING, Principal THOMAS GLS, PRESIDENT FIREMANS FUND INSURANCE COMPANY d'72/l4-Ge( Q- `— J Surety SANDRA A. BROWN, ATTORNEY-IN-FACT - By: Attorney-in-Fact The above bond is accepted and approved this day of , 19_ -ISSUED IN DUPLICATE- STATE OF CALIFORNIA ) ss. • COUNTY OF SANTA CLARA) On this day of 18th day of August in the year of 82 , before me Jane Mayol personally appeared Sandra A. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or-Cfey) executed it:' • WITNESS my hand and official seal. !r6":t**G4its&attsrs- nra 4 -.9c: a JANE MAYOL k -bore"apiNOTARY PUBLIC-CALIFORNIA r Pu�j� i�Fa;MA CLARA U NTY * Notary Pu lie in and �f the County �s# r of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of 18th day of August , in the year of 82 , before me Jane Mayol personally appeared Thomas Glage 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 secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. JANE MAYOL • • NOTARY PUBLIC-CALIFORNIA E SANTA CLARA COUNTY_ �n,`0-,.e . ✓ @ 4 „ • tw fip;n astern Exphs eau.is95 Notary ublic in and r the County • r a: -„^ v' " of Santa Clara, State of California • BOND NO. SCR6338297 PREMIUM: Included • LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: • .WHEREAS, the City of Cupertino, State of California, and S GLACE UNDERGROUND CONSTRUCTION INC. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors , 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 done thereon of any kind, the surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and RTRFMANS rnwn imeuow r Cez wy as Surety, firmly bind ourselves, our executors, administrators , successors and assigns , jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the per- formance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and all persons, companies or corporations lend- ing or hiring teams , implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of Four Thousand Four Hundred Ninety-Five and 80/100 Dollars ($ 4,495.80 ) , THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors , heirs , executors, administrators , successors or assigns , 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 Un- employment Insurance Act with respect to such work or labor, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons, companies , and corporations entitled to file claims under Section 1184.1 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. • -ISSUED IN DUPLICATE- • • .Labor and Material Bond Page 2 • • And the said Surety, for value received, hereby stipulates , and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. • IN WITNESS h"HEW, this instj1yjj t has been duly q cured, by the Principal • and Surety this day of , 19 , GLAGE UNDERGROUND CONSTRUCTION INC. (To be signed by Principal and Surety and acknowledgment siiifflaVanGE, PRESID and notarial seal attached.) FIREMANS FUND INSURANCE COMPANY • Surety • By: i 62_ '-te4: s60(. J Antb yhinsmi The above bond is accepted and approved this day of 19_ a STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) - On this day of 18th day of August , in the year of 82 , before me Jane Mayol , personally appeared Sandra A. Brown , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. et: JANE MRVOL PD!IA i a L' NOTARY FURLIGCALIFUr Notary Pd.lic in and fo NV the County sTr,' sANTAC:AMP LidTY__ q _^ 1 , C iCau, to mAa ,1,4s� •+ of Santa Clara, State o California �. .r ,vCC."---- nn CORPORATION ACKNOWLEDGEMENT • STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On this day of lE1th day of _ in the year of 32 , before me June . a9a1 , • personally appeared , Thom,. C1,4,.. 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 secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first _ above written. 6A♦ 444 44444 44. 4..41-4 _ JANE MAYOL + ua t'ar: NOTARY PuBLIGCALIForiA 4 • ` �` N SAIITRCL4RAgLzUn•TY Notary P lic in and for . e County ..`• ., . Ey Cc ! iciExpiooa11.1;5 of Santa Clara, State of alifornia -^.�fh"�C:..::�.:COC,�Y.t�:.�,v^hOCCC3CCi . 6/29/82 • GENERAL POWER OF ATTORNEY FIREMAN'S FUND INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a Corporation duly organized and existing under the " laws of the State of California.and having its principal office in the City and County of San Francisco.in said State.has made.constituted and appointed, and does by these presents make. constitute and appoint JANE MAYOL, SANDRA A. BROWN and K. C. MacBETH its true and lawful Attorney(s)-in-Fact.with full power and authority hereby conferred in its name,place and stead.to execute,seal,acknowledge and deliver any and all bonds. undertakings.recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President.sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII.Section 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY now in full force and effect. "Article VIII,Appointment and Authority Assistant secretaries,and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 30, Appointment. The Chairman of the Board of Directors. the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may. from time to time. appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries. Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment. and any such appointment and all authority granted thereby may be reviked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of July. 1966. and sail Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President. Assistant Secretary.and Resident Assistant Secretary of this Corporation.and the seal of this Corporation may be affixed or printed on any power of attorney.on any revocation of any power of attorney.or on any certificate relating thereto, by facsimile,and any power of attorney.any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF. FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice-President. and its corporate seal to be hereunto affixed this 12th day of July , 19 82 - Ni: e FIREMAN'S FUND INSURANCE COMPANY 'vq 10÷ Bs V,.r.Hevdeni • STATE OF CALIFORNIA, ss. CITY AND COUNTY OF SAN FRANCISCO • 12th July 82 Richard Williams On this day of . 19 , before me personally came to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of FIREMAN'S FUND INSURANCE COMPANY, the Cor- poration described in and which executed the above instrument; that he knows the seal of said Corporation; tha; the seal affixed to the said instrument is such corporate seal;that it was so of fixed by order of the Board of Directors of said Corporation and that he siened his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first at,,ne ssritten. an OFFICIAL SEAL • . n 4 , NOTARYsour.punk: SK. GILBERT CALIFORNIA Cl or--2L-11214-1 M11LIC• !n CRY & sown of SAN FRANCISCO GGGG My Commission Expires Nov. 17. 1984 g CERTIFICATE S nsu trwI,I.rna .IHMnuarwwa STATE OF CALIFORNIA, ss. CITY CITY AND COUNTY OF SAN FRANCISCO 1 I, the undersigned, Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been resoked; and furthermore that Article VIII. Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney. are now in force. Signed and sealed at the City and County of San Francisco.Dated the /1�2 day ofNe �ti/4, - 19 �2- is Ga� •�sPr coy Resident.Ae.L+tam Secretary • r r r , , r r r Certificate of Insurance THIS CERTIFICATE. IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE' CERTIFICATE HOLDER. �� O THIS. CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY Rollins Burdick Hunter COMPANIES AFFORDING COVERAGES 50 California St COMPANY A San Francisco, Ca 94111 LETTER /� Home Insurance Company COMPANY 13 LETTER NAME AND ADDRESS OF INSURED COMPANY C Glage Underground Construction, Inc. LETTER P.O. Box 961 COMPANY D Campbell , Ca 95009 LETTER r COMPANY F LETTER ` ' This Is to certify that policies of Insurance listed below have been Issued to the Insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein Is subject to all the terms,exclusions and conditions of such policies. _ COMPANY POLICY Limits of Liability in Thousands(000) TYPE OF INSURANCE POLICY NUMBEREACH I LETTER EXPIRATION DATE OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY $ E A ®COMPREHENSIVE FORM IDR 8685154 • 10-27-82 PREMISES-OPERATIONS PROPERTY DAMAGE $ $ EXPLOSION AND COLLAPSE 13l� HAZARD UNDERGROUND HAZARD U PRODUCTS/COMPLETED - OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE E $ ❑BROAD FORM PROPERTY COMBINED 500 500 DAMAGE LA INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) S. A ® COMPREHENSIVE FORM BA 10-27-82 BODILY INJURY $ ®OWNED (EACH ACCIDENT) ® HIRED PROPERTY DAMAGE $ BODILY INJURY AND U NON-OWNED PROPERTY DAMAGE $ 500 • COMBINED EXCESS LIABILITY ® NEC 9907545 10_27_82 BODILYINJURYAND Two Million A UMBRE LA FORM PROPERTY DAMAGE $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and A EMPLOYERS'LIABILITY PWC 9752973 , 10-1-82 $ xxxxxxxxx&xacx OTHER - - - - - DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Job: Hillcrest Vista Knoll storm drain; Project #83-05 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany wiIIX:XXitetteXXR mail '0_ days written notice to the below named certificate holder, kaLEMAIXIXIM mo kscoc74XDogiRg xholkbQJOOGR mxl kgabomolAM OkkIKXkei)Mtn( X m 4Qi( ommuyX NAME AND ADDRESS OF CERTIFICAT E HOLDER: DATE ISSUED: 8-20-R2 City of Cupertino e , .."10300 Torre Ave // Cupertino, Ca 95014 ( ,!/CIV AUTHORIZED REPRESENTATIVE ACORD 25'(1-79) ,