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81-036b Project 81-25 Phase I I - Pacific Underground Construction - Imperial Ave Storm Drain & Stevens Creek Pipeline Relocation - (Reso 6063)CONTRACT FOR PUBLIC WORK CONTRACT made on June 6, 1983 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the City, and PACIFIC UNDERGROUND CONSTRUCTION, INC., hereinafter called the Contractor. IT IS HEREBY AGREED by the parties as follows: 1. THE CONTRACT DOCUMENTS. The complete Contract consists of the following contract documents: 1. Plans and Specifications for Imperial Avenue Storm Drain/Stevens Creek Pipeline Relocation, Phase II, Project 81-25 2. Faithful Performance Bonds, Labor and Materials Bonds, Insurance Certificate 3. This Contract 4. Bid proposal referred to as Exhibit A Any and all obligations of the City and the Contractor are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said doc- uments. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and Specifications on the one hand, and this Con- tract on the other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of Imperial Avenue Storm Drain/Stevens Creek Pipeline Relocation, Phase II, Project 81-25 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. Page 1 Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, Imperial Avenue Storm Drain/Stevens Creek Pipeline Relocation, Phase II, Project 81-25 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: Eighty -Seven Thousand, Eight Hundred Thirty and 70/100 Dollars ($87,830.70) 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, Page 2 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 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: Within Fifty (50) Working Days after Approval of Contract. If the Contractor shall be delayed in the work by the acts or neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lock- outs by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Doc- uments. Page 3 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 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 Con -tract, 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 Page 4 City's Notice to Contractors. 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 2185, Saratoga CA 95070 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 (1000) 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 Page 5 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 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 the Santa Clara Valley District, plus their 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 and the Santa Clara Valley Water District, their officers and employees, shall be primary insurance to the full limits of liability of the policy, and that, if the City and the Santa Clara Valley Water District, or their 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 - Page 7 contractors 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 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: Page 8 .(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. (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. Page 9 Ah) 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 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. Page 10 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 he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than on apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1 -to -5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000) or 20 working days or to contracts of specialty contractors not bid- ding for work through a general or prime contractor, involving less than two thousand dollars ($2,000) or fewer than five working days. "Apprenticeable craft or trade," as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations presecribed by the Apprentice- ship Council. The joint apprenticeship committee shall have the dis- cretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1 -to -5 ratio set forth in this section when it finds that any on of the following conditions is met: (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5 or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one -thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis. (d) If assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees of the public at large if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. When such exemptions are granted to an organization which repre- sents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committes, provided they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or any subcon- tractor under him, who, in performing any of the work under the con- tract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other Page 11 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 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.) Page 12 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, 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 (100) 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 Page 13 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 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 - Page 14 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 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 STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA) On this day of day of f in the year of before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA) On this day of in the year of 1983 personally appeared Notary Public in and for the County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT ss. 1'7th day of May before me John F. Berger Thad J Corbett personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in th's certificate first above written. z Z2 JOHN F. BERGER NOTARY PUBLIC -CALIFORNIA 'OfSaN?A CLAiaA COUNTY ry Publ c nd f the County ; � } My Comrn;ssion Exp. Jan. 16 1987 � Santa Clara, tate o California 6/29/82 BID PROPOSAL IMPERIAL AVENUE STORM DRAIN/ STEVENS CREEK PIPELINE RELOCATION PHASE II PROJECT 81-25 TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO STATE OF CALIFORNIA: Dear Sir: In compliance with the Plans and Specifications furnished for the Imperial Avenue Storm Drain/Stevens Creek Pipeline Relocation, Phase II, Project 81-25, 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 work shall be the installation of storm drain improvements and installation of pressure pipe as outlined in the Specifications and/or Plans outlined herein. All necessary preparation as well as "clean-up" is included in the prices bid and no extra compensation will be sought. All work will be done in a workmanship -like manner and will meet or exceed the embodied requirements and/or the standards stipulated by the City Engineer. The undersigned also understands that the quantities shown below are estimates only, being given as a basis for comparison of bids by the City Council. The City reserves the right to increase or decrease the amount of class or portion or the work or to omit items as may be deemed necessary by the Engineer. A bid bond in the amount of 10% is required. Award shall be to lowest bidder; however, the City Council reserves the right to reject any or all bids. BID EST. QTY. ITEM UNIT ITEM 1. 446 L.F. Provide and install 30" diameter R.C.P. complete and in place for Fifty-four Dollars and 53/100 Dollars/L.F. 2. 440 L.F. Provide and install 21" diameter R.C.P. complete and in place for Forty-four dollars and 55/100 Dollars/L.F. 3. 10 L.F. Provide and install 15" diameter R.C.P. Complete and in place for Thirty-four dollars and 54/100 Dollars/L.F. PROPOSAL 1/5 UNIT PRICE TOTAL $54.53 /L, F. $ 24,320.38 $44.55 /L.F $34.54 /L.F. $ 19,602.00 $ 345.40 BID ITEM 4. 5. 0 7. C 10. BID PROPOSAL, continued EST. QTY. UNIT ITEM 204 L.F. Provide and install 12" diameter R.C.P. complete and in Place for Thirty-three dollars and 43/100 Dollars/L.F. 5 Each Provide and install standard storm manhole complete and in place for One Thousand Sixty-two dollars Dollars/Each 7 Each Provide and install standard 24" flat grate drop inlet complete and in place for Eight Hundred dollars Dollars/Each L.S. Provide trench excavation for 30" high pressure pipe complete for One Thousand Seven Hundred Eight Four Dollars UNIT PRICE TOTAL /L.F. $ 6,819.72 $ 1,062.00 /Each $ 5,310.00 $ 800.00 /Each S 5,600.00 $ 1,784.00 /L.S. $ 1,784.00 Dollars/L.S. L.S. Provide and install trench back- fill for 30" high pressure pipe complete and in place for One Thousand Six Hundred Dollars $ 1,600.00 /L.S. 8 1,600.00 Dollars/L.S. 40 L.F. Provide and install 30" high pres- sure pipe complete and in place for Four Hundred Twelve Dollars and 13/100 $ 412.13 Dollars/L.F. L.S. Provide and install air release valve assembly complete and in place for Five Thousand Nine /L.F. $16,485.20 Hundred S.lxty-Four Dollars $ 5,964.00 /L.S. $ 5,964.00 Dollars/L.S. TOTAL BID: PROPOSAL 2/5 $ 87,830.70 0 r— ti V\ "2 'k"O- � A. BID DOCU14EDiS continued Name of Proposed Sub—Contractor, if any (Section 4104 Government Code) 1. Power Anderson, Inc. 2. R.H. Wehner Company 3. 4. 5. 6. Address of Shop or Office of Sub -Contractor (Section 4104 Government Code) 1. 2271 Charleston Road, Mountain'View, Ca 94043 2 390 Martin Avenue, Santa Clara, Ca 95050 3. 4. 6. 1. Bid Item 9 -2nd 10 2, Bid Item 7 3. 4. 6. Work to be performed by Sub -Contractor (Section 4104 Government Code) PROPOSAL. Page 3/5 A. BID DOCUMENTS, continued BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifica- tions as a part of this proposal, and the truthfulness and accuracy of the information is hereby guaranteed. (1) How many years has your organization been in business under its present name? (2) How many years'experience in work comparable with that required under the proposed contract has your organization had by this or any other name? (3) Contractor's License No. 423419 State of California, Classification A (4) List work similar in.character to that required in the proposed contract which your organization or personnel in your organization has completed within the past three years. Year Class, Location of Work and for Whom Performed Stanford University, Stanford, Ca 1982 Sanitary Sewer -Fire Line, Comm. Duct 1982 Sanitary Sewer - Stanford University -Stanford, Ca 1982 Sanitary Sewer, Storm Drain, Palo Alto -Ross -Wilson, Inc 1982 Sanitary Sewer, Storm Sewer - San Jose, MD Castle 1982 Sanitary Sewer, Storm Sewer, San Jose, Hellwig Plumbing 1982 Sanitary-Storm-Fireline-Water, Gas, San Jose, Koll Co 1982 Sanitary -Storm -Fire, Palo Alto, Construction Systems, Inc 1982 Sanitary -Storm, VA Hospital, Menlo Park, EH Morrill Co 1982 Storm - San Jose - Devcon Construction 1982 Storm - Scotts Valley, R.W. Taylor Company 1982 Sanitary-Storm-C&G Paving -San Jose, Coastal Terminal Inc 1982 Storm Drain - Saratoca, City of SaratOg2 0 Pr.olsosal 'Page 4/5 Contract Amount $167,000.00 48,000.00 298,000.00 64,000.00 77,000.00 145,000.00 147,500.00 120,000.00 LL• 111 11. 10,000.00 39,000.00 2.1 ,000.00 A. BID DOCLnfE 'TS, continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO -PARTNERSHIP, STATE THE FIR`1 NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIR`1. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND XANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual Cc -Partnership Corporation Pacific Underground Construction, Inc. Joint Venture Other (describe) Thad J. Corbett, President -Treasurer -Manager NAME AND SIGNATURE OF BIDDER: Barbara J. Corbett, Vice-President/Secretary Date April 27, 1983 Addenda Received: 1 2 3 4 5 Proposal Page 5/5 Pacific Underground Construction, Inc. Thad J. Corbett, President P.O. Box 2185 Address Saratoga, Ca 95070 (408 ) 741-0215 Phone Number Santa Clara Valley Water District 5750 ALMADEN EXPRESSWAY SAN JOSE, CALIFORNIA 95118 TELEPHONE (408) 265.2600 k4i April 28, 1983 Ms. Dorothy Cornelius City of Cupertino Clerk P. O. Box 580 Cupertino, California 95015 Dear Ms. Cornelius Subject: Agreement No. AO582, Relocation of Stevens Creek Pipeline at Imperial Avenue, Project No.9239 Enclosed are two fully executed copies of the subject Agreement which was approved by the Board of Directors of this District on April 26, 1983. Sincerely yours, Susan A. Ekstrand Clerk/Board of Directors Enclosures AN AFFIRMATIVE ACTION EMPLOYER RESOLUTION NO. 6063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF UTILITY RELOCATION AGREEMENT BE- TWEEN THE CITY OF CUPERTINO AND THE SANTA CLARA VALLEY WATER DISTRICT; VICINITY OF THE INTERSECTION OF IMPERIAL AVENUE AND GRANADA AVENUE IN THE CITY OF CUPERTINO WHEREAS, the City of Cupertino intends to install a storm drain pipeline in the vicinity of the intersection of Imperial Avenue and Granada Avenue in the City of Cupertino; and WHEREAS, the Santa Clara Valley Water District maintains certain utility facilities which will interfere with the City's project; and WHEREAS, the District is willing to have its facilities relocated pur- suant to the terms and conditions of the agreement presented to the City Council, and said agreement having been approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of March , 1983 by the following vote: Vote Members of the Citv Council AYES: Johnson, Plungy, Rogers, Sparks, Gatto NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Dorothy Cornelius City Clerk APPROVED: /s'/ John Gatto Mayor, City of Cupertino THIS IS TO CF_RTI=Y THAT T' "_ WITHIN INSTRUMENT IS A TRUE A.ND CURRECT CORY OF THE ORIGtrfAL Oi',' FILE , IN TIIIS OFFICE. ATTE 7T__4 !' ( _ 19fU CITY CLr'f CSF THE CITY ❑ URERTINQ BY CIV CLERK Agmt #A0582 UTILITY RELOCATION AGREEMENT SANTA CLARA VALLEY WATER. DISTRICT, a public corporation, hereinafter called "District"; and CITY OF CUPERTINO, a municipal corporation, hereinafter called "City", AGREE, this 26th day of April , 1983 , as follows: RECITALS: A. City intends certain work ("the project") generally described and located as follows: New 30 -inch storm drain pipeline in the vicinity of the intersection of Imperial Avenue and Granada Avenue, City of Cupertino, County of Santa Clara, California. B. District maintains certain utility facilities ("the facilities") which will interfere with the project. The facilities are generally described and located as follows: 30 -inch raw water distribution pipeline located within Granada Avenue C. City has requested and District is willing that pursuant to the terms hereof the facilities be relocated or otherwise arranged to avoid such interference. D. This Agreement will provide for such relocation at District cost. AGREEMENT 1. City will commence and thereafter diligently prosecute the following: (a) Rearrange the facilities to avoid such interference in accordance with drawings and specifications to be provided to City by District. Rearrangement of the facilities is to be included in the project of City. (b) Act as _Lead Agency for carrying out the project and be responsible for compliance with environmental laws and regulations. (c) Upon completion of construction of the project hereinbefore mentioned, City will furnish District with a reproducible set of as -built plans of the completed relocated facilities. 2. Upon the completion of the work, District shall reimburse City for 100% of the actual net cost which City has incurred in effecting the arrangement of the facilities including costs, if any, involved in any temporary rearrangement. The actual net cost is defined as the cost determined from the Contractor's bid items plus 8% for inspection. Said cost is presently estimated to be $52,000. 3. City shall require its Contractor on the project to include District as an additional named insured in said Contractor's public liability policy in the same form and manner as City is so named. 83AG2015a 4. Within thirty (30) days after receipt of City's itemized invoice for actual net costs due City, District shall reimburse City for the amount billed, without interest; provided, however, that District shall have reasonable access to City's accounts and records for the purpose of auditing said invoice. 5. The provisions hereof shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers this day and year first hereinabove set forth. CITY OF CUPERTINO SANTA CLARA VALLEY WATER DISTRICT BY: ' By: Gtr.. a,_-� Mayr "City" "District" r City Cler Approved to orm: Y City Attorney 83AG2015a