81-040 Steiny and Co. Wolfe Rd Traffic signal interconnect, Project 81-30CONTRACT FOR PUBLIC WORK
CONTRACT made on August 18, 1981
by the CITY OF CUPERTINO, a municipal corporation of the State of
California, hereinafter called the City, and STEINY AND COMPANY,
Incorporated, 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 Wolfe Road Traffic Signal
Interconnect, Project 81-30
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 Wolfe Road Traffic Signal Interconnect, Project
81-30, 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
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Works and adopted by the City, which Plans and Specifications are
entitled, respectively, Wolfe Road Traffic Signal Interconnect,
Project 81-30 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: One Hundred Sixty -Nine Thousand, Six Hundred
Seventy -Nine and 00/100 Dollars ($169,679.00)
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
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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:
On or before December 30, 1981, plus the number of calendar
days between bid opening and the execution 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.
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11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall
notify the City a sufficient time in advance of the manufacture or
production of materials to be supplied by him under this Contract, in
order that the City may arrange for mill or factory inspection and
testing of the same, if the City requests such notice from the 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.
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
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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:
27 Sheridan Street, Vallejo, CA 94590
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
City with satisfactory proof of the carriage of insurance required,
Page 5
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
$100,000.00 for injuries, including accidental death, to any
one person, and subject to the same limit for each person, in
an amount not less than $300,000.00, on account of one
accident, and Property Damage Liability Insurance in an amount
not less than $25,000. 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 calen- dar 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 day 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 Five Hundred and no/100
dollars ($500.00), for each and calendar day during which said work
shall remain uncompleted beyond such time for completion or unlawful
extension thereof, which sum shall be presumed to be the amount of
damage thereby sustained by the City since it would be immpracticable
or extremely difficult to fix the actual damage; and the amount of
liquidated damages may be deducted by the City from moneys due the
Contractor hereunder, or his assigns and successor at the time of
completion, and the Contractor hereunder, or his assigns and
successors at the time of completion, and his sureties shall be liable
to the City any excess.
Page 15
28. ADDITIONAL PROVISIONS.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
Approvep 4als oity Att
Notary acknowledgement required.
If a corporation, corporate seal
and corporate notary
acknowledgment required.
STATE OF CALIFORNIA,
City C k:
CONTRACTOR:
-STEINY AND CO NY, IMC:
%1`6 Cicen No. 161273
By: �.
JAY E. PERRY, SECRETARY
Los Angeles ` ss.
COUNTY OF August 5, 1981
ON _
before me, the undersigned, a Notary Public in and for said State, personally appeared
Jay E. Perry , known to me to be the
Secretary
4 F'rIGIAL1XEAL STEINY AND COMPANY, INC.
MAh " MCCUING of the
n the Corporation that executed the within Instrument, known to me to be the person who
NOTARY P•.°3LIC — CALIFORNIA
PRINCIPAL OFFICE IN executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged
LOS ANGEL@,$ COUNTY to me that such Corporation executed the same.
My Commi�Won Expires Namb 11, 1983
WITNESS my hand and official seal.
-Z "6
ACKNOWLEDGMENT--Corporation—Walcotts Form 222—Rev. 364 Notar Public in and for said Stat .
Page 16
PROPOSAL TO THE CITY COUNCIL
CITY OF CUPERTINO, CALIFORNIA
FOR
WOLFE ROAD TRAFFIC SIGNAL INTERCONNECT
PROJECT NO. 81-30
NAt.IE OF BIDDER STEINY AND COMPANY, INC,
27 Sheridan St:
BUSINESS ADDRESS _Valleio. Calif. 94590
TELEPHONE NO: AREA CODE (7o7) SS2 - 69DO
The work to be done and referred to herein is in Santa Clara County, State _
of California, in the City of Cupertino on Wolfe Roadbetween Homestead
Road and Stevens Creek Boulevard and shall -be- constructed in accora-a—nce with
the special provisions (including the payment o -not t an the minimum wage
rates set forth therein) and the contract annexed hereto and also in accordance
with the Standard Plans, dated January, 1981, and the Standard Specifications,
dated January, 1981.
The work to be done is shown upon plans entitled Wolfe Road Traffic
Signal Interconnect. Project No. 81-30.
Bids are submitted for the entire work. The amount of the bid for comparison
purposes will be the total of all items. The total of unit basis items will
be determined by extension of the item price bid on the basis of the estimated
quantity set forth for the item.
The bidder shall set forth for each item of work, in clearly legible figures,
an item price and a total for the item in the respective spaces provided for
this purpose. In the case of unit basis items, the amount set forth under the
"Total" column shall be the extension of the item price bid on the basis of the
estimated quantity for the item.
In case of descrepancy between the item price and the total set forth for the
item, the item price shall prevail. however, if the amount set forth as an
item price is ambiguous, unintelligible or uncertain for any cause, or
is omitted, or in the case of unit basis items, is the same amount as the entry
in the "Total column for the item, the price set forth in the "Total" column
shall prevail in accordance with the following:
(1) As to lump sum items, the amount set forth in the "Total" column shall
be the item price.
(2) As to unit basis items, the amount set forth in the "Total column shall
be divided by the estimated quantity for the item and the price thus
obtained shall be the item price.
If this proposal shall be accepted and the undersigned shall fail to enter
S 1 EI I. AND COMPANY, y INC.
into the contract and to give the 2 bonds in the sums to be determined
as aforesaid, with surety satisfactory to the City of Cupertino, within.
8 days, not including Sundays and legal holidays, after the bidder has received
notice from the Engineer that the contract has been awarded, the City
of Cu-pertino may, at its option, determine that the bidder has abandoned
the contract, and thereupon this proposal and the acceptance thereof shall be
null and void and the forfeiture of such security accompanying this proposal
shall operate and the same shall be the property of the City of Cupertino.
The undersigned, as bidder, declares that the only persons or parties interested
in this proposal as principals are those named herein; that this proposal is made
without collusion with any other person, firm, or corporation and in submitting
this proposal, the undersigned bidder agrees that if it is determined that he
is the successful bidder, that he has carefully examined the location of the
proposed work, the annexed proposed form of contract, and•the plans therein referred
to: and tie proposes, and agrees if this proposal is accepted, that he will
contract with the City of Cupertino in the form of the copy of the contract
annexed hereto, to provide all necessary machinery, tools, apparatus and other
means of construction, and to do all the work and furnish all the materials
specified in the contract, in the manner and time therein prescribed, and
according to the requirements of the Engineer as therein set forth, and that
he will take in full payment therefore the following item prices, to wit:
ITER NO.
ITEM
UNIT OF
MEASURE
ESTIMATED
QUANTITY
ITEM PRICE
(in figures)
TOTAL PRICK
(in figures)
1
Signal
&
Lighting
(Location
1)
LS
Lump sum
7-3 71, 0
/Q�
2
Signal
&
Lighting
(Location
2)
LS
Lump sum
64
71 0tv,&1 '
3.
Signal
&
Lighting
(Location
3)
LS_
Lump sum
/ 0.4
// O�04
4.
Signal
&
Lighting
(Location
4)
LS
Lump sum
/ edd 00
5.
Signal
&
Lighting
(Location
5)
LS
Lump sum
/O
QM
6.
Signal
&
Lighting
(Location
6)
LS
Lump sum
7.
Interconnect Cable
LF
5,600
QD do
8.
InterconnectConduit
LF
3 100
/
{ 9�
n �4
�0 �.
2/11
STEINY AND COMPANY, INC.
TIME FOR COMPLETION
1. The traffic signal interconnect control equipment will be omplete and
ready for final 30 consecutive day testing on or before eve) eey_ .38D ,
19 V1.
2. The traffic signal interconnect system will be complete in pace and
operating and ready for full system accep.tance on or before EC�Yj6c
19
The actual dates for completion shall be the dates set forth above plus
the number of calendar days between the bid opening and the date the
contract is executed by all parties.
3/11
STEIN'Y AND COMPANY,, INNG
In accordance with Government Code Section 14310.5, the
Bidder shall complete, under penalty of perjury, the following
questionnaire:
QUESTIONNAIRE
Has the bidder, any officer of the bidder, or any employee
of the bidder who has a proprietary interest in the bidder,
ever been disqualified, removed, or otherwise prevented from
bidding on, or completing a federal, state, or local government
project because of a violation of law ora safety regulation?
Yes No
If the answer is yes, explain the circumstances in the
following space.
Note: This questionnaire constitutes a part of the Proposal,
and signature on the signature=portion of this Proposal
shall constitute signature of this questionnaire.
4/11
S'TEINY AND COMPANY, INC.
The Bidder shall list the name and address of each subcontractor,
required to be listed by the provisions in Section, "Subcontracting",
of the special provisions, to whom the Bidder proposes to subcontract
portions of the work.
Name and Address
of Subcontractors
0, 4 9?//1 A) OC
/�-S4,,-VlVjd, %6f4-
LIST OF SUBCONTRACTORS
5/11
Description of portion
of work subcontracted
7 9a1 �7
ST IN Y AND COMPANY, INC
The Bidder shall list the name.and address of each subcontractor,
required to be listed by the provisions in Section, "Subcontracting",
of the special provisions, to whom the Bidder proposes to subcontract
portions of the work.
LIST OF SUBCONTRACTORS
Name and Address Description of portion
of Subcontractors of work subcontracted
0,4.
/��-S, -) I V A
.
5,11
Accompanying this proposal is ,4 L�i DDCeS gom-b"
(NOTICE: Insert the words "Cash ($ ), "Cashier's Check" "Certified
Check" or "Bidder's Bond", as the case may be.)
in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as
principals are as follows:
IMPORTANT NOTICE
If bidder or other interested person is a corporation,
state legal name of corporation, also names of the president, secretary,
treasurer, andmanager thereof; if a co -partnership state true name
of firm, also names of all individual co-partners composing firm; if
bidder or other interested person is an individual, state first and
last names in full.
"re A'° A lD Mi,APANY, INC.
n�S., TREAS., MGR.
R. K D0 ,,11',, -I_I Y. p
RICHAIRD A. HEAPS, .ASST. V.P.
Licensed in accordance with an act providing for the registration
of Contractors, License No.
U 0.i�11273
WIMP- e Vd F!
SIGN
ASST. VICE PRESIDENT
Signature of Bidder
NOTE: -- If bidder is a corporation, the legal name of the corporation
shall be set forth above together with the signature of the officer
or officers authorized to sign contracts on behalf of the corporation;
if bidder is a co -partnership, the true name of the partner or partners
authorized to sign contracts in behalf of the co -partnership; and if
bidder is an individual, his signature shall be placed above. If
signature is by an agent, other than an officer of a corporation or
a member of a partnership, a Power of Attorney must be on file with
the Department prior to opening bids or submitted with the bid;
otherwise, the bidwil be disregarded as irregular and unauthorized.
27 heridan Wit.
Business address Vallelo, Calif. 94590
Place of business Cqt. ii-oet.;, A
Place of residence CA-l.ir-4eni,q
Dated k -,,y` � U , 19 o f
(It is requested that the bidder execute the affidavit on this page
at the time of submitting his bid, or it cannot be submitted with the bid,
this affidavit shall be executed by the successful bidder, in duplicate,
in accordance with Federal Requirements.
NON -COLLUSION AFFIDAVIT
To the City of Cupertino, California
The undersigned in submitting a bid for performing the following
work by contract, being duly sworn, deposes and says:
That he has not, either directly or indirectly, entered into
any agreement, participated in any collusion, or otherwise taken any
action in restraint of free competitive bidding in connection with
such contract.
WOLFE ROAD -TRAFFIC SIGNAL INTERCONNECT
PROJECT NO.81-30
STEINY AND COMPANY, INC,
RINAR
ASST. VICE PRESIDENT
27 Sheridan St:
Vallejo, Calif, 94590
Business Address
C P w Foarv; o
Place of Residence
bed and sworn to before me this day of
Notary Jublic
County of
1�_, C) k- A.NO ,
Aiy commission expires 1L)btle yi Lk- 0 19, .
7/11
OFFICIAL SEAL
TONY F. OPPEDAHL
..
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
SOLANO COUNTY
C.orr+missien Expires November ig, 19.92
State of
California.
Aiy commission expires 1L)btle yi Lk- 0 19, .
7/11
(This guaranty shall be executed by the successful bidder in
accordance with instructions in the special provisions. The
bidder may execute the guaranty on this page at the time o1
submitting his bid.)
GUARANTY
To the City of Cupertino, California
WOLFE RO_ _ TRAFFI C SIGNAL INTERCONNECT
PROJECT N0. 81-30
The undersigned guarantees the construction and installation
of the following work included in this project:
Items 1 through 6, inclusive - Signal and Lighting
(Location 1 through ()
Item Z Interconnect Cable
Item 8 Interconnect Conduit
Should any of the materials or equipment prove defective or
should the work as a whole prove defective, due to faulty work-
manship, material furnished or methods of installation, or
should the work or any part thereof fail to operate properly
as originally intended and in accordance with the plans and
specifications, due to any of the above causes, all within 6
months after date on which this contract is accepted by the
City, the undersigned agrees to reimburse the City, upon demand,
for its expenses incurred in restoring said.work to the
condition contemplated in said project, including the cost of`
any such equipment or materials replaced and the cost of removing
and replacing any other work necessary to make such replacement
or repairs, or, upon demand by the City, to replace any such
material and to repair said work completely without cost to the
City so that said work will function successfully as originally
contemplated.
The City shall have the unqualified option to make any needed
replacements or repairs itself or to have such replacements or
repairs done by the undersigned. In the event the City elects
to have said work performed by the undersigned, the undersigned
agrees that the repairs shall be made and such materials as are
necessary shall be furnished and installed within a reasonable
time after the receipt of demand from the City. If the under-
signed shall fail or refuse to comply with his obligations under
this guaranty, the City shall be entitled to all costs and
expenses, including attorneys' fees, reasonably incurred by
reason of the said failure o 1.
N P ,
;3—uNer /Vl iq8 lRIUHAHD A.- H PS
Page 8/11 Date AesT �nrr pra�cin�na�
TO: Steiny & Co., Inc.
P.O. Box 3008
Vallejo, CA 94590
CITY OF CUPLRTINO
PUBLIC WORKS DEPARTMENT
WOLFE ROAD INTERCONNECT
PROJECT NO. 81-30
CONTRACT CHANGE ORDER NO. 1
CERTAIN SECTIONS OF THE CITY OF CUPERTINO PROJECT NO. 81-30 SPECIFICATIONS
ARE CHANGED TO READ AS FOLLOWS:
BID ITEM 2 - WOLFE ROAD AND PRUNERIDGE AVENUE (page 12 of spec.)
c. Modification (substitute the following:)
1) General: Salvage existing controller. Install "Type 90 function"
controller and auxiliary equipment with sequence as shown on plans and
.in conformance with the following:
Traffic signal controller shall be in accordance with Section 86-3.06 of
the State Standard Specification, dated January 1981, and in accordance
with NEMA Standard Publications No. TS -1-1976. Controller shall be
designated as "Type 90 Function".
Existing traffic signal controller cabinet shall remain including all
re -usable auxiliary equipment as required to execute sequence and opera-
tions as shown on plans.
All other paragraphs referencing "traffic signal controller unit" and
"traffic signal controller frames" as shown under BID ITEM 1 above shall
apply to BID ITEM 2.
BID ITEMS 3 AND 4 - WOLFE ROAD AND FREEWAY 280 RAMPS (page 13 of spec.
C. Modification
1) General: Salvage existing controller and cabinet. Install "Type 90"
function controller, cabinet and auxiliary equipment with preferential
sequence as shown on the plans and in conformance with the following:
Traffic signal controller shall be in accordance with Section 86-3.06
of the State Standard Specifications, dated January 1981, and in accord-
ance with NEMA Standard Publications No. TS -1-1976. Controllers shall
be designated as "Type 90 Function".
All other paragraphs referencing "traffic signal controller unit" and
"traffic signal controller frames" as shown under BID ITEM 1 above shall
apply to BID ITEMS 3 AND 4.
BID ITEM 5 - WOLFE ROAD AND VALLCO PARKWAY (page 13 of spec.
c. Modification: (substitute the following:)
1) General: (see BID ITEM 2 above)
BID ITEM 6 - WOLFE ROAD AND STEVENS CREEK BOULEVARD (page 14 of spec.
C. Modification (substitute the following:)
1. General: (see BID ITEM 2 above)
-1-
e
Woljr Road LnLcrconnect, Project No. Sl-�O
Contract Change'Order No. 1, continued
IN SUMMARY: New Type "P" Controller Cabinets will be furnished for:
BID ITEMS 1, 3, and 4. These are to be installed on existing
foundations.
New controllers will be furnished in existing cabinets for:
BID ITEMS 2, 5, and 6. Multisonics Customer Service Department
will make necessary cabinet changes.
7-3 INTERCONNECT CONTROL EQUIPMENT
Substitute all "local coordination unit" references in this section with
"Type 90 Function Controller Unit."
In the first sentence of the second paragraph under 7-3.1, change the word
if yield" to "hold".
Remove the last sentence in the last paragraph under 7-3.1, i.e., "Two (2)
spare shelf -mounted local coordination units shall be provided".
Lump Sum Total $3,149.50 P.O. No. 2411
Contractor: Steiny & Co., Inc.
t..
�t1CHAf A: HSS
Title: ASST, ViC.PPRESIDENT
CITY OF CUPERTINO
Recommended by
Date: Id— -1-2 9—&/
ffic Engine 7
Approved: Date: Dec. 7, 1981
Directo of irblic Works
iRes. No. 576()
-2-