90-016 P & F Construction Inc., Handicapped Ramp Installation, Project No. 90-4002 / • CONTRACT FOR PUBLIC WORKS
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CONTRACT made on APRIL 16, 1990
by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and P & F CONSTRUCTION, INC.
,hereinafter called the CONTRACTOR.
• IT IS HEREBY AGREED by the parties as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of the
following contract documents:
A. Plans and Specifications for HANDICAP RAMP INSTALLATION 90-4002
B. Faithful Performance Bond, Labor and Materials Bond,
Insurance Certificate
C. This Contract
D. Bid Proposal referred to as Exhibit A
Any and all obligations of the CITY and the CONTRACTOR are fully
set forth and 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
documents. The documents comprising the complete contract are
sometimes hereinafter referred to as the Contract Documents. In
case of conflict between the Plans and the Specifications on the •
one hand, and this Contract 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 INSTALLATION OF HANDICAP RAMPS
as called for, and in the
manner designated in, and in strict conformity with, the Plans and
Specifications prepared by: Mr . Bert J . Viskovich, Director of •
Public Works and adopted by the City, which Plans and
Specifications are entitled, respectively, HANDICAP RAMP INSTALLATION 90-4002
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and which Plans and Specifications are identified by the signatures •
of the parties to this Contract. It is understood and agreed that
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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 of the Contractor, but
subject to the inspection and approval of the City, or its
representative. The City hereby designates as its representative
for the purpose of this Contract: Mr. Bert J . Viskovich, Director
of Public Works.
3 . CONTRACT PRICE. The City agrees to pay, and the Contractor
agrees to accept, in full payment for the work above agreed to be
done, the sum of:
TWENTY FIVE THOUSAND FIVE HUNDRED THREE DOLLARS AND N0/100
(25,503.00)
subject to additions and deductions as provided in the Contract
Documents, per Exhibit "A" attached hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute
arise respecting the true value of the work done, or 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 American 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,
efc. , 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 specially tested or approved, it shall not be tested or covered
up without timely notice to the City of its readiness for
inspection and without the approval thereof or consent thereto by
the latter. Should any such work be covered up without 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,
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11. INSPECTION AND TESTING •OF MATERIALS. The Contractor shall
• notify the City a sufficient time in advance of the manufacture or
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
Contractor.
12. TERMINATION FOR BREACH, ETC. if the Contractor should be
atheudbenefitanofuhis crr edif tors,horlifmakreca eiverrshl ouldsbenappointedr
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
terminate the Contract, such notice to contain the reasons for such
intention to terminate the Contract, and unless within ten days
after serving of such notice, such violation shall cease and
satisfactory arrangements for corrections thereof be made, the
Contract shall, upon the expiration of said ten days, cease and
terminate. In the event of any such termination, the City shall
immediately serve written notice thereof upon the surety and the
Contractor, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within
fifteen days after the serving upon it of notice of termination
does not give the City written notice of its intention to. take over
and peiform the Contract, or does not commence performance thereof
within thirty days from the date of the serving of such notice, the
City may take over the work and prosecute the same to completion by
contract, or by any other method it may deem advisable, for the
account and at the expense of the Contractor, and the Contractor
and his surety shall be liable to the City for any excess cost
occasioned by the City thereby, and in such event the City may,
without liability for so doing, take possession of, and utilize in
completing the work, such materials, appliances, plant and other
pioperty 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 MARE
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• Contractor 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 discretion. In so doing, the City shall be deemed
the agent of the Contractor, and any payment so made by the City
shall be considered as a payment made under the Contract by the
City to the Contractor, and the City shall not be liable to the
Contractor for any such payment made in good faith. Such payment •
may be made without prior judicial determination of the claim or
claims. With respect to any retention of payment by the City to
ensure performance of the Contract, Contractor will be entitled to
substitute securities 'as provided in Section 4590 of the California
Government Code as more fully described in the City' s Notice to
Contractors.
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• 14. NOTICE AND SERVICE THEREOF. Any notice from one party to
the other under this 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
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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:
1010 39TH AVENUE
OAKLAND, CA 94601
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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 communicated 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 Specifications must be met by Contractor, unless
the City agrees in writing to some other material, process or
article offered by Contractor which is equal in all respects to the
one specified.
17. CONTRACT SECURITY. The Contractor shall furnish a surety
bond in an amount at least equal to one hundred percent (100%) of
the contract price as security for the faithful performance of this
Contract. • The Contractor shall also furnish a separate surety bond
in an amount at least equal to one hundred percent (100%) of the•
contract price as security for the payment of all persons for
furnishing materials, provisions, provender, or other supplies,
used in, upon, for or about the performance of the work contracted
to be done, or for performing any work or labor thereon of any
kind, and for the payment of amounts due under the Unemployment
Insurance Code with respect to such work or labor in connection •
with this Contract, and for the payment of a reasonable attorney's
fee to be fixed by the court in case suit is brought upon the bond.
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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 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 extending 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 Contractor under this
Contract shall also contain an endorsement providing 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 cancellation or
modification of the policy.
(a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take :ut and maintain during the
life of this Contract Worker's Compensation insurance and
Employer's Liability 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
Worker' s Compensation insurance 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
certification, required by Section 1861 of the Labor Code,
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
worker's compensation or to undertake self insurance in
accordance with the provisions of the Code, and I will comply
With such provisions before commencing the performance of the
_work of this contract."'
(b) LIABILITY INSURANCE. The Contractor shall take out and
maintain during the life of this Contract such Bodily Injury
Liability and Property Damage Liability Insurance as shall
protect him and any subcontractor performing work covered by this
Contract from claims for property, damage, including third-party
property damage, to include coverage on property in the care,
custody and control of the Contractor, and also excluding what
are commonly known as the "X, C, and U" exclusions (having to do '
with blasting, collapse, and underground property damage) , which
may arise from Contractor' s operations under this Contract,
whether such operations be by himself or by any subcontractor or
by anyone directly or indirectly employed by either of them and
the amounts of such insurance shall be as follows,
Bodily injury Liability Insurance in an amount not less than
$500,000.00 for injuries, including accidental death, to any one
person, and subject to the same limit for each person, in an
amount not less than $1,000,000.00 on account of one accident, and
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• Property Damage Liability Insurance in an amount not less than
• $250 ,000 .00. The City and its officers and employees, shall be
named as additional insureds on any such policies of insurance,
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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
to
at any .time arise or be set up because of personal injury or damage
the propertyosustained by any person or persons by reason of, or in
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infringement or alleged�.infringement of said rof the k, or by reason of any
person or persons, firm or corporation in patent rfhts of any
consequence
in, on, or about said work, mateof the use
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installed under this Contract. any otwinthe or inerthe nthe supplieor
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Contractor shall wherever itisnecessary itkeep and gmaintainboaththe
is
sole coat 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
constitute 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 subcontractors under this Contract, upon the work
or upon any part of the work contemplated by this contract, shall
be- required or permitted to work thereon more than eight hours
during any one calendar day and forty hours during any one calendar
week, except, as provided by Section 1815 of the Labor Code of the
State of California, work performed by employees of contractors in
excess of eight hours per day and forty hours during any one week •
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shall be permitted upon public work upon compensation for all hours
one-half of worked in excess of eight hours per day at not less than one and
. /t is further exessly
stipulated times thatthe forbasic each andeeveryaviolation of Sections 1811-1815,
inclusive, of the Labor Code of the State of California, all the
provisions whereof are deemed to be incorporated herein, the
Contractor shall forfeit, as a penalty to the City, twenty-five
dollars ($25.00) for. each laborer, worker, or mechanic employed in
the execution of this Contract by Contractor, or by an
subcontractor under this Contract, for each calendar day during
which said laborer, worker, or mechanic is required or permitted to
work more than eight hours in any one calendar day and forty hours
id any one calendar week in violation of the provisions of said
Sections of the Labor Code.
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• (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
Division 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 Contractor awarded the contract or performing
the contract shall not be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (a) ,
including the street address, city and county and shall, within
five working days, provide a notice of a change of location and
address-.
(f) In the event of noncompliance with the requirements of this
sectionsubsequentthe toCreceiptor of�writtenvnotice(specifys in wiching' inhwhattro co
espects
such Contractor must comply with this section. Should
noncompliance still be evident after such ten (10) day period, the
Contractor shall, • as a penalty to the state of political
subdivision on whose behalf the contract is made or awarded,
forfeit twenty-five dollars ($25.00) 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 stipulations shallufixions the responsibilitytoefoncis compliancenw. Such
ith this
section on the prime contractor.
'(hl The director shall adopt rules consistent with the California
Public Records Act, (Cl ; 3 .5 (commencing with Section 6250) of Div.
7; Title 1. Gov. Ch. ) and the Information Practices Act of 1977,
(Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. )
governing the release of such records, including the establishment
of reasonable fees to be charged for reproducing copies of records
required by this section. (Added by Stats. 1978, Ch. 1249) .
1775.5 Nothing in this chapter shall prevent the employment of
properly registered apprentices upon public work.
apprentices •
Every
such aid to
underece shall epaid standard
theregulationsofthe craft ortrade watewhich he
is employed, and shall be employed only at the work of the craft or
trade to which he is registered.
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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 trai'ning.. 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
performing any of the work under the contract or subcontract,
employs workmen in any. apprenticeable craft or trade, the
Contractor and subcontractor shall apply to the joint
ofprtheiccraft corn mtradee inmthesareanoftthe easitenorctheipublicndworks
for a certificate approving the Contractor or subcontractor under
the apprenticeship standards for the employment and training ' of
apprenticeships 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
acontractorsorpor subcontractor, shallsearrangeuent o forrotheg the dispatchofapprentices 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
to
action in apprenticeshipk for enwomen sure �and minorual ities.mentaContrac orsior
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
section, 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 Contractor that he employs apprentices in such craft ' or trade
in the state on all of this contract on an annual average of not
• less than . one apprentice to each five journeymen, the Divisionppof
Apprenticeship
na
Contractor for the
the 1-to-5 ratio Standards grant
certificate
asset forthincthis section.� g This
section /hall not apply to contracts of general contractors
involving less than thirty thousand ($30,000 .00 ) or twenty ( 20)
workin4 days or to contracts of specialty contractors not bidding
: for work through a general or prime contractor, involving less than
two thousand dollars ($2,000 .00) or fewer than five (5) working
days.
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meanpacraftrenticeoabltradrcraft
deor trade, " as used in this section, shall
accordance with rules and regulationsed as an ppreprescribed e occubytion thin
Apprenticeship Council. The oint apprenticeshipcommittee shalle
. have the discretion •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 one of the following conditions are met:
a)
in (suchnarea exceedsunemployment average
e for
hpercent, or three month period
(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
apprenticeof the public at large if the specific task to which the
When such exemptions are granted to an organization which'
represents 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 committees, provided they are already covered
by the local apprenticeship standards.
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A contractor to whom the contract is •
subcontractor under him, who, in fwareew, or any
formor
the journeymen•contract, employsPeg any of the work, unaer or ny
apprenticeable craft ortradand who is notpcontributing rentices ntoaa
fund or funds to administer and conduct the apprenticeship
in any. such craft or trade in the area of the site of the
work, program
to which fund or funds other contractors in the area public
fbthe
site of the public work are contributing, 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 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
ishis dfor the authorized tontract.enforceTtheDpayment
of adeh •ddntributions to the fund or funds as set forth in Section
227. payment
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' The body awarding the contract shall cause to be inserted in the
• contract stipulations
n
fix the responsibility atof tcomplianceonwith 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
apprentices 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
Stat. 1976, Ch. 1179)
1777.7 (a) In the event a contractor willfully fails to comply
with the provisions of section 1777.5, such contractor she'll
(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
($50.00) for each calendar day of noncompliance. NothWithstanding
the determination onthe s ofSection 7�
awardingbody shall withhold from contract
progress payments then due or to become due such sum.
(b) Any ' such determination shall be issued after a full
investigation, 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
e
17 .7
shall be ' in etaccordance with orthe enrules t of Seand nprocedures s 1777.5 ndof77the
California Apprenticeship Council. (Amended by Stats, 1978, Ch .
1249)
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 1$25.00 ) for each calendar day, or portion thereof, for
'• Stich laborer) workman, or mechanic paid less than the stipulated
_; prbdailinq fates for any work done under this Contract by him or by
• ; ;:; apy 'btibcontractor Under work done under this Contract by him or by
t ,- : : Ahy Subcontractor under him; and Contractor agrees to comply with
all provisions of Section 1775 of the Labor Code.
•
•
Page 12
•
In case it becomes necessary for the Contractor or. any
subcontractor to employ on the project under this contract, 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 Contractor with the minimum rate
based thereon. The minimum rate thus furnished shall be applicable
as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the
continuance of such employment.
• 22. ACCIDENT PREVENTION. Precaution shall be exercised at all
times for the protection of persons (including employees) and
property. The safety provisions of applicable laws, building and
construction codes shall be observed. Machinery, equipment, and
other hazards shall be guarded or eliminated in accordance with the
safety provisions of the Construction Safety Orders issued'by the
Industrial Accident Commission of the State of California.
23. PAYMENT. Payment will be made in accordance with the attached payment
schedule. 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 (101) of said contract price so held back as
provided) said certificates to be furnished by and obtained from
the City's representative shall, before the last Tuesday of each .
month, deliver said certificates under hand to the City, or in lieu
of such certificates, shall deliver to the Contractor, in writing,
under his hand, a just and true reason for not issuing the
certificates, including a statement of the defects, if any, to be
remedied, to entitle the Contractor to the certificate of
completion. In event of the failure of the City's representative
to furnish and deliver said certificates or any of them or in lieu
•
•
•
Page 13 •
thereof, the writing aforesaid, within ten (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 same shall become due and payable.
In case the City's representative delivers the writing aforesaid,
in lieu of the certificates, then a compliance by the Contractor
with the requirements of said writing shall entitle the Contractor
to the certificates.
The payment of progress payments by the city shall not be
construed as an absolute acceptance of the work done up to the time
of such payments, but the entire work is to be subjected to the
inspection 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
responsible as between the parties to this Contract only, for the
removal, relocation, or protection of existing public utilities, if
any, located on the site of construction, but only if such public
utilities are not identified by the City in the Plans and
Specifications made a part of the invitation for bids. The City
shall compensate the Contractor for costs incurred in relocating or
repairing damage to utility facilities not indicated in the Plans
and Specifications, other than service laterals when the presence
of such utilities on the construction site can be inferred from the
presence of such visible facilities as buildings, and meters and
junction boxes on, or adjacent to, the construction site. The
Contractor shall not be assessed liquidated damages for delay in
completion of the Contract project, as provided in Paragraph 27
below, when such delay is caused by the failure of the City, or
other public utility, to provide for the removal or relocation of
the existing utility facilities. If the Contractor 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 occurrences or conditions and effects: earthquakes and
tidal waves, when such occurrences or conditions and effects have
been proclaimed a disaster or state of emergency by the Governor of
the State of California or by the President of the United States, '
or were of a magnitude at the site of the work sufficient to have
caused a proclamation of disaster or state of emergency having
occurred in a populated area. Subject to the foregoing, the City
shall not, in any way or manner, be answerable or suffer loss,
damage, expense or liability for any loss or damage that may happen
to said building, work, or equipment or any part• thereof, or in,
Page 14
•
A
• on, or about the same during its construction and before '
acceptance.
26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly
guarantees the first-class quality of all workmanship and of all
• materials, nt us
theprojecttwhich isythehim or b
subject
of this Contract, unless a lesser quality is expressly authorized
in the Plana and Specifications, in which event the Contractor
unqualifiedly guarantees such lesser quality; and that the work as
performed by the Contractor will conform with the Plane 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 defects without
coat to the City.
•
27. LIQUIDATED DAMAGES. Time shall be of the essence of this
Contract. If the Contractor fails to complete, within the time
fixed for
and
described and uhereby mcontracted thtoe wobe done rk iand fperformed, heore dshall
become liable to the City for liquidated damages in the sum of
ONE HUNDRED FIFTY DOLLARS AND N0/100 ($150.00) FOR EACH CALENDER DAY
for each and every working day during which said work shall remain
uncompleted beyond such time for completion or unlawful extension
thereof, which sum shall be presumed to be the amount of damage
thereby sustained by the City since it would be impracticable or
extremely difficult to fix the actual 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 his sureties shall be liable to the City any
excess.
728. • ADDITIONAL PROVISIONS.
None
Page 15 .
STATE OF CALIFORNIA On this 23rd day of...APRIL ,in the year
ss. 1990 before me,
COUNTY OF..CONTRA.COSTA ROSE.V V.F.RAGOSQ ,a Notary Public,State of California,
duly licensed and sworn,personally appeared
FRANK..SP.OSETO
personally known to me(or proved to me on the basis of satisfactoryevidence)
IpIIIiIIiIIIIIIIl111111111111111111111101111111111111111I1111111111111111111111111111111 to be the person who executed the within instrument as..RRESIDENT
OFFICIAL SEAL - or on behalf of the corporation therein named and acknowledged to me that
ROSE V. FRAGOSO such corporation executed the within i�• ent pursuant to its by-laws or a
NOTARY PUBLIC-CALIFORNIA _
C
.A "' . COUNTY OF CONTRA COSTA v resolution Of its board Of directors.'.rl-- My Comm. Exp. Jan. 24, 1994 .7.---i-
i
IN WITNESS WHEREOF Iihave h .eunto set my and and affixed
I�unn11188111111111111111111nIIIn11111m81Nnu0811unu1n810HII8ntJ11 my official seal in the i f..GONTRA..00STA.
This escumenfIsonly ageneral form which may beproper far use msimple /
set f oVeinthis certifiCate.
a
transactions and In no way acts, P Intended to act,as a substitute for the
advice of an attorney.The printer dies not make any warranty or
ty ether eraimdled as to the /1 L -s IL— J _ - - i/_ —.a
It
s legal validity of any provision or the suitability of these forms hi any specific transaction. Notary Public of Call iia
Cowdery's Form No.28—Acknowledgement to Notary Public—
Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires
► - •
•
•
•
P.O. No.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and Year first hereinabove written.
•
CITY OF CUPERTINO
Approved as to form •
/ Mayor: 47
•
City Atto ey
City Clerks tlitet
•
Date/City Clerks
}
CONTRACTORS 104 F CONSTRNC_TION INC.
•
By:
AlloX22 ' •
Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary •
acknowledgment required.
Project. Name and Number,. INSTALLATION OF HANDICAP RAMPS PROJECT #90-4002.
Contractors Names P & F CONSTRUCTION, INC. 1010 39TH AVE. .OAKLAND, CA 94601
Contract Amounts TWENTY•'FIVE THOUSAND FIVE HUNDRED THREE DOLLARS AND NO/100
($25,503.00)
COntraf't. Account Numbers. .120-4002-953
•
•
Page 16
• k
1990 CAPITAL IMPROVEMENT PAYMENT SCHEDULE
QUANTITIES CUT OFF DATE CHECK RELEASE DATE
FRIDAY 5 : 00 PM FRIDAY
JANUARY 12 JANUARY 26
FEBRUARY 9 FEBRUARY 23
MARCH 9 MARCH 23
APRIL 6 APRIL 20
MAY 4 MAY 18
JUNE 1 JUNE 15
JUNE 29 JULY 13
JULY 27 AUGUST 10
AUGUST 24 SEPTEMBER 7
SEPTEMBER 21 OCTOBER 5
OCTOBER 19 NOVEMBER 2
NOVEMBER 16 NOVEMBER 30
DECEMBER 14 DECEMBER 28
•
Y I�Ia��■■aa/��y Q
.: \ RTIFICA,Te . �CF I7V�6{ t t3 t ISSUE DATE(MM/DD/VV)
f avoau.
4/23/90
THIS CERTIFICATE IS ISSUED AS AMA T T ER OF INFORMAT ION ONLY AND CONFERS
- Curtis Day & Company NORIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND.
50 Fremont St. , Suite *300 EXT END OR ALTER T HE COVERAGE AFFORDED BY THE POLICIES BELOW
San Francisco, COMPANIES AFFORDING COVERAGE
CA 94105
415-543-3140 COMMPPAANY A
LETT
CODE SUIBOODE Transcontinental Insurance Co
COMPANY
INSURED LETTER B
Transportation Insurance Co.
P and F Construction, Inc. COMPANYLETTER C
1010 39th Avenue Safeco Insurance Companies
Oak l and CONPPAANYLETTER D
CA 94601 COMPANY
LETTER E
k
COVERAGES,;`:. :...�.iungi.,y. :.. ti .wmt :a f:: .:<
n. HI vm.,I , J.,v JF .A n.nB E xUE w..., - F..4.WR,AB v.R. H ICY:.ERI D
THISIATO.NOT WITHATTHE G R OFIREMENT. ELISTED BELOW HAVE BEENISSUEDCT OR OTHER
FORECT TO 6ile.
ANY 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.LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS.
CO
TYPED'INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION AU.LIMITS IN THOUSANDS
LTC
DATE(MIUMD/VY) DATE(MM/OD/VY) -
GENERALLIABILITY GENERAL AGGREGATE $
2000
A X COML/ERCIALCEMERALLIABILITY 803398721 1/01/90 1/01/91 PR[Y1rTS-C01.P/OPSAGGREGATE $ 1000
....:. CLAIMS FACE OCCUR. PERSONAL 8, ADVERTISING INJURY f 1000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1000
FIRE DAMAGE (Any one lire) $ 50
MEDICAL EXPENSE(Any one Person) $ 5
AUTOMOBILE LIABILnY LUMBINtU
SINGLE 1
B X MW AUTO BUA704717638 1/01/90 1/01/91 LIMIT 1000
ALL OWNED AUTOS EXEC
SCFEDI.LED AUTOS (PAY $
(Per person)
X HIRED AUTOS INJLR — $
)( NON-OWNED AUTOS (Per acoidenl'
oARAOE LIABILITY PROPERTY
DAMAGE f
EXCESSLIABILITY
ocALH
NCE AILI/tUAIt
$ $
011-ER THAN UMBRELLA FORM
WORKER'S COMPENSATION STATUTORY
AND f 1000 (EACH ACCIDENT)
C WC2153249 1/01/90 1/01/91 f 1000 (DISEASE-PaICVLIMIT)
EMPLOYERS'LIABILITY
f 1000 (DISEASEEACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
RE: Installation of Handicap Ramps, Job *90-4002, Contract Amount : $25,503.00
(SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT)
RTIFlCATE HOLDER ... CANCELLATION ... µ
:
:- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLLEEDBEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENXpj)(
City of Cupertino rO MAIL 30 DAYSWRITTENNOTICE TO THECERTIFICATE HOLDERNAMEDTO THE
10300 Porre Avenue LEFT.:"►'a: ,•I: e. ., .. .:..0: : .. . , . ,-. ,. r.: ..:• ., nr
Cupertino, CA 95014 ;qt '
P 14 EIXEWR`4(c1: .•:r ' :I:J:Ta,I;..N' ..•:'ry .k.ca. arsro0.1- '.
AUTHORIZED REPRESENTATIVE
154550000
:..:.:. < . : .:: ,.. :.: . ,.k.GdRLTG6R.P..,4RA'goM.9;3s;,
r
•
.* •
•
POLICY NUMBER: 803398721 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the fol owing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF CUPERTINO, ITS OFFICERS AND EMPLOYEES
(If no entry appears above.information required to complete this endorsement will be shown in the.Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of"your work"for that insured by or for you.
RE: INSTALLATION OF HANDICAP RAMPS, JOB #90-4002, CONTRACT AMOUNT: $25,503.
i
k.
CG 20 10 11 85 Copyrign. Insurance Services Office. Inc.. 1984
BOND NO. 30235919
PREMIUM INCLUDED IN PERFORMANCE BOND
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
P R P CONSTRNCTTON INC
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and incorporated herein by reference.
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors, shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the
Surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and •
FTDFT.TTY AND DEPOSTT COMPANY OF MARYLAND
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of TWENTY FIVE THOUSAND FIVE HUNDRED THREE AND NO/lOOths
�$ 25,503.00 ) ,
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 Unemployment Insurance Act with respect to such work or labor, or any and
all damages arising under the original contract, 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.
STATE OF CALIFORNIA
SS.
COUNTY OF CONTRA COSTA )
On APRIL 23, 1990 , before me, a Notary Public,
B. F. EASTMAN
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 as attorney-in-fact
of FIDELITY AND DEPOSIT COMPANY OF MARYLAND
and acknowledged tome;thatch'a:(skt2)!SUtiac itieiiR'h'rairporation am-i thereto as urety and his (her)
II Oi FICI Al SEAL
own name as attorney-I fact..
ei •� ROSE V. FRAGOSO
1 'k'-=L� i .�•' NOTARY PUBLIC-CALIFORNIA
cti Z TC..
isa
n '\t„:•_
,• - l; COUNTY OF CONTRA COST L - —
Ya ARY PUBLIC
My Comm. Exp. Jan. 24. 1994 N
uilllilllllllillllillllllllnllilltl IL'Ulilllf InIIIIIIIIIII!IIWIIDi1IDl(tllit!It�ll
STATE OF CALIFORNIA On this 23rd day of APRIL in the year
COUNTY OF CONTRA COSTA ss' 1990 ,before me,
ROSE •V•:•FRAGOSO ,a Notary Public,State of California,
duly licensed and sworn,persona y ppqqe�••
mommuuuuulllumummumonon uunnunmlmlulGlllllu0ml FRAM YUSB
_ OFFICIAL SEAL E ,
15 I ROSE V. FRAGOSO = personally known to me(or proved to me on the basis of satisfactory evidence)
!lr- .:� _ to be the person who executed the within instrQment as..PRESIDENT
•�� 4- ,,1•01 NOTARY PUBLIC.CALIFORNIA
\Y ,,4n COUNTY OF CONTRA COSTA = or on behalf of the corporation therein named and acknowledged to me that
\•.::� My Comm. Exp. Jan. 24. l i such corporation executed the within instrument pursuant to its by-laws or a
IlmullllllllllllllllllllllIIIIIIlllllllllllll81111ullillllilllllli1111116111111141i1 resolution of its board of directors.
IN WITNESS WHEREOF I hav - eunto set my hand and affixed
my official seal in the ,County .-'.GQNTRA..QO.STA.
This a eLs general nmw�°,awra.s�teample
f/�/
set fa a : .ovei
nthis certificate.
transactions and iny.way anter or is intended act,as a substfor itute
advice Sanattorney/11wprinter amsmmake
awarranty Intermptmssorimsathe
WOmlm"ofaYprovi" o""°suitabilityof asefomforms Y'°°aw°"transaction
ry Public to of California
Cowdery's Form No.28—Acknowledgement to Notary Public—
Corporation(C.C.Secs. 1190-1190.1)—(Rev. L83) My commission expires
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 WHEREOF, this instrument has been duly executed by the
Principal and Surety this 23rd day of APRIL , 19 90 .
P • ' ONST IO NC.
am-
(To be signed by Principal
/Principal SPOSETO, PRESIDENT
and Surety. Notary
acknowledgments required.) FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Surety •
By• v' �n� e_
Attorne - n-Fact
B. F. EASTMAN
The above bond is accepted and approved this day of
•
, 19
6/17/85
STATE OF CALIFORNIA )
SS.
COUNTY OF CONTRA COSTA ) •
On APRTT, 29, 1990 , before me,a Notary Public,
personally appeared R F EASTMAN
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 as attorney-in-fact
of FTDF.T.TTY AND DEPOSTT COMPANY OF MA' II ,
and acknowledged to me that he (she) subscribed the corporation name. theret. - rety and his (her)
own name as attorneyni 7fglimimmiitiimtniii miii1(flaliiii!I!iS niiiimi..11
OFFICIAL SEAL
i;<. :F: POSE V. FRAGOSO = -�� ,/s•_
k; �f,,kti- NOTARY PUCLIC-CALIFORMI _
=.; ' at, COUNTY OF CONTRA COSTA o N 4 RY PUBLIC
m _ My Comm. Exp. Jan. 24. 1994
I
STATE OF CALIFORNIA On this 23rd day of APRIL ,in the year
COUNTY OF CONTRA COSTA Ss' 1990 ,before me,
ROSE.V. •FRAGOSO ,a Notary Public,State of California,
duly licensed and sworn,personally appeared
C SSl l lllffigititi11SIVleil116111109FFIICIIALII SiEIAI`I!4111lmiti1i1
FRANIK..SEOSETO
personally known to me(or proved to me on the basis of satisfactory evidence)
*• ROSE V. FRAGOSO to be the person who executed the within instrument as..P.RFSTDHF
•}„ u NOTARY FU6LIGCAIIFORNIA
e
,,--,4.-4,
y�, COUNTY OF CONTRA COSTA _ or on behalf of the corporation therein named and acknowledged to me that
s, )aU p4. 1994 such corporation executed the within instrument pursuant to its by-laws or a
dr: My Comm. Al
IllllllllllllllillIIIlllll11111111I111111111111111111111111111111111911111111111111111Ii1
resolution of its board of directors.
IN WITNESS WHEREOF Ih.ve ereunto s-t my hand and affixed
my official seal in the sunty ofCONTRA COSTA
This&anent is only a general form which maybe proper forum In simple : 1 •' dates• A : - • ::ye in this certificate.
transactions andin r way acts.or Is intended to a1.as a substitute for the
advice clan attorney.The printer does rot make any wananty either expresser implied as to the
legal validity of any provision or the suitability of these forms In any specific transaction Notary P7teofCiiornia
Staa
Cowdery's Form No.28—Acknowledgement to Notary Public—
Corporation(C. C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires
Premium,'
Is bond will be adjusted ata rate of BOND NO. 30235919
5 • [f per tho��u/ssT6s�and dollars at Final Contract
Ospu • . Chas been based on t e
Dsposit Premium of$_�—
Original Contract Price. FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE, PRESENTS:
THAT WE, P g F CONSTRUCTTON. TNC.
as Principal and FTDFT.TTY AND DEPOSIT COMPANY OF MARYLAND
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of TWENTY FIVE THOUSAND FIVE HUNDRED THREE AND NO/100ths ---- Dollars
($ 75 503 n0 ) 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 APRIL 16, 1990 ,
with the Obligee
•
to do and perform the following work to-wit:
INSTALLATION OF HANDICAP RAMPS
90-4002
FILE NO. 98,524
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 23rd day of APRIL , 19 90 .
(To be signed by Principal
and Surety and acknowledgment.)
P & STRU L(SN,
Principal 1-
a
SPOSETO, PRESIDENT
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
. . Surety .
BY 1100
• Attorney-in-Fact .
B. F. EASTMAN
The above bond is accepted and approved this day of , 19