Mann Drive Widening , D & T Construction- Also See 80-002 PCONTRACT FOR PUBLIC WORK
CONTRACT made on May 17, 1982
by the CITY OF CUPERTINO, a municipal corporation of
California, hereinafter called the City, and D & T
hereinafter called the Contractor.
IT IS HEREBY AGREED by the parties as follows:
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the State of
CONSTRUCTION,
1. THE CONTRACT DOCUMENTS. The complete Contract consists of
the following contract documents:
82-21 1. Plans and Specifications for Mann Drive Widening, Project
2. Faithful Performance
Insurance Certificate
3. This Contract
Bonds, Labor and Materials Bonds,
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 Mann Drive Widening, Project 82-21 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 Works and adopted by the City,
which Plans and Specifications are entitled, respectively, Mann Drive
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Widening, Project 82-21, 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: Six Thousand Eight Hundred and no/100 Dollars
($6,800.00)
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
same shall in no way affect or make void the contract, but the cost or
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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.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall
have the right to make changes in this Contract during the course of
construction to bring the completed improvements into compliance with
environmental requirements or standards established by State and 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-five (25) working days
after approval of the 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
production of materials to be supplied by him under this Contract, in
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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.
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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:
P. 0 Box 356, Morgan Hill, CA 95037
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
has been so obtained and approved. The Contractor shall furnish the
Page 5
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 ration 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
28• ADDITIONAL PROVISIONS.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
CITY OF CUPER-TIN
Approved as to f rm.,, Mayor:
City Attorney ,, City Clerk:
NSTRUCTION CO.
J
Notary acknowledgement required. �E . CORRAL (Gen. Partner)
If a corporation, corporate seal
and corporate notary
acknowledgment required.
Project Name and Number: Mann Drive Widening, Project 82-21
Contractor's Name: D & T CONSTRUCTION
Contract Amount: Six Thousand Eight Hundred and no/100 Dollars
($6,800.00)
Purchase Order Number:
Page 16
I
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On April 26, , 19 82, before me, the undersigned, a
Notary Public in and for said State, personally appeared
MP.T A CORRAT _�
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
N arr Public in and for the County
dT ----,Tanta Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) Ss.
COUNTY OF SANTA CLARA)
On , 19 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
, known to me
to be the of , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS HEREOF, 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.
Notary Public in and for the County
of Santa Clara, State of California
OFFICIAL SEAL
JOHANNA TAM
NOTARY PUBLIC -CALIFORNIA
�a ;;zt Cara County-516267
_1�v_G.aowvssian�.:IaEcar?-0e�13-1iE5--
N arr Public in and for the County
dT ----,Tanta Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) Ss.
COUNTY OF SANTA CLARA)
On , 19 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
, known to me
to be the of , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS HEREOF, 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.
Notary Public in and for the County
of Santa Clara, State of California
PROPOSAL
MANN DRIVE WIDENING
PROJECT 82-21
CG"YJC U (t�Cr
TO: The Director of Public Works, City of Cupertino, State of California
Dear Sir:
In compliance with the Specifications furnished for the Project 82-21, 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 herein on the
incorporated schedule.
The Base Bid shall include all work and requirements described in the Contract
Documents, Specifications and Drawings.
In general, the work shall be to provide and install all labor and
materials necessary for the widening of Mann Drive, as called for on the
Plans or outlined in the Specifications. A11 work shall be done in a work-
manship -like manner and shall meet or exceed the standard specified.
A bid bond in the amount of 10% is required. Award shall be to the lowest
qualified bidder; however, the City Council reserves the right to reject any
or all bids.
BASE BID
3ID EST. QTY.
ITEM UNIT ITEM UNIT PRICE EXTENSION
1. Lump Sum Provide for removal of concrete
complete for
I-'7iC1 y FZT L4,U 5
Dollars/Lump Sum
2. Lump Sum Provide for relocation of stan—
dard wood barricade complete for
Dollars/Lump Sum
PROPOSAL 115
BID
EST. QTY.
ITEM
UNIT
ITEM
UNIT PRICE
EXTENSION
3.
1,700 S.F.
Provide all street excavation,
grading and subgrade preparation
complete for 0L�
$
/SF $
Dollars/S.F.
4.
160 L.F.
Provide and install 2 x 6 header
board complete and in place for OVE1
/LF $
Gx
Dollars/L.F.
5.
1,700 S.F.
Provide and install street pave-
ment including prime coat and
tack coat complete for 0/11/C
/SF S
Dollars/S.F.
6.
150 L.F.
Provide and install 6" extruded
concrete curb complete and in
place forC'cXr' 7ZZt.4_'-"'�'
$ "r
/ LF S
�A —
Dollars/L.F.
7.
2 Each
Provide for relocation of street
signs c o5ple t e for
$ /✓ J,
/ Ea $
�t-7
Dollars/Each
CG
—
TOTAL
PROPOSAL, 2/5
BIDDER OUALIFICATION 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? i
Name of Proposed Sub -Contractor, if any
(Section 4104 Government Code)
1.
z.
3.
4.
5.
6.
Address of Shop or Office of Sub-Contracto:
(Section 4104 Government Code)
7
3.
4.
6.
Work to be performed by Sub -Contractor
(Section 4104 Government Code)
3.
4.
5.
6.
PROPOSAL Page 4/5
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR 00 -PARTNERSHIP,
STATE THE FIR{'`f N, SIE AND LIST THE NAMES OF :ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE FIR!X. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
ALSO, NAMES OF PRESID- , SECRETARY TREASURER A1kM MANAGE -M. TEE CORPORATE
SEAL.MUST BE AFFIXED.
TYPE OF BUSINESS: IadividuaI
2o-Pf
tners AFI �� CORRAL (Gen. Partner)
Corporation ANTONL V. CORRAL (Gen. Partner)
.joint Venture All A(',(1RRAI (('P_ n _Parte@i)
Other
(describe)
Dat e f✓'Q L'Al 3/1
Addenda Received:
1 2 3 4 5
Proposal Page 5/5
NAHE AND
SIGNATU'RE OF-2=DER:
i
CORRAL (Gen. Partner
D & T CONSTRUCTION CO.
P_ Rny
MOrgan Mill, CA 95037
'w 770..'yo 1
Aa d r es s