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86-158A E. A. Hathaway and Company - 1988 agreement for Construction of Cupertino Community Center, Project 88-2001CONTRACT made on CONTRACT FOR PUBLIC WORKS November 21, 1988 by the CITY OF r) g i 6M CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and E. A. HATHAWAY AND COMPANY, hereinafter called the IT IS HEREBY AGREED by the parties as follows: 1. THE CONTRACT DOCUMENTS: The complete contract consists of the following contract documents: A. Plans for CUPERTINO COMMUNITY CENTER, PRQTECT 88-2001 DATED 9/16/88 B. Faithful Performance Bond, Labor and Materials Bond, Insurance Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform adn complete in a good and workmanlike manner, the work of the Cupertino Community Center, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications Prepared by: Bert J. Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, PROJECTCUPERTINO Commu= CENTER •• Page 1 Certificate C. This Contract D. Bid Proposal referred to as "Exhibit All E. Project Manual Architectural Dated Sept. 19, 1988 F. Project Manual Site Work Dated Sept. 19, 1988 G. Addendum No. 1 Dated Oct. 4, 1988 H. Addendum No. 2 Dated Oct. 14, 1988 I. Addendum No. 3 Dated Oct. 20, 1988 Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform adn complete in a good and workmanlike manner, the work of the Cupertino Community Center, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications Prepared by: Bert J. Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, PROJECTCUPERTINO Commu= CENTER •• Page 1 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 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: Bert J. Viskovich, Director of Public Works. 3. CONTRACT PRICE, The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of FOUR MILLION NINE HUNDRED SIXTY-THREE THOUSAND SEVEN HUNDRED EIGHTy.TWO DOLLARS ($4,963,782.00) Base Bid $ 4,976,000 Alternate 4 - 34,740 Alternate 5 + 20,246 Alternate A-2 - 1,500 Alternate A-3 + 3.776 $ 4,963,782 Subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. S. 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 specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor's expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, Page 2 deviations, additions or omissions from the Specifications or Plans or the 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 valuation, 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 agencies 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 Federal 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, amendment 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 Arbitration Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: 360 CALENDAR DAYS 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, lockouts 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 Documents. Paye 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 Contractor. 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 terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and 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 Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other 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 Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in the City's Notice to Contractors. Page 4 4 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manners (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: 565 LAURELWOOD ROAD SANTA CLARA, CA 95054 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT Of' CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (1001) of the contract price as security for the faithful performance of this Contract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (1001) of the contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond. Page 5 18. INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract, until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this Contract shall also contain an endorsement providing that thirty (30) days notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take ut and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of his employees employed at the site of the project and,in case any work 13 sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Codes "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract."' (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third -party property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do with blasting, collapse, and underground property damage), which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as followss 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 $15000,000.00 on account of one accident, and Page 6 Property Damage Liability Insurance in an $200,000.00. amount not less than The City and its officers and employees, shall be named as additional insureds on any such which shall also contain a provision policies of insurance, that thereby to the City, its officers and employees,shallbe the insurance cafforded 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 anytime arise or be set up because of personal injury or damage to property sustained by any person or the course of the performance of said work, or by reason of, or y infringement or alleged infringement of the Patent by erights ason oof any person or persons, firm or corporation in consequence of the use in, on, or about said work, of any article or material Suppli installed under this Contract.Notwithstanding the oveed or the Contractor shall wherever it is necessary keep and maintainbat� 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 constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall bq- required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, work performed by employees of contractors excess of eight hours per day and forty hours during any in 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 California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to dollars ($25.00) the City, twenty-five for- each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or b an subcontractor under this Contract, for each calendar day during which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions Sections of the Labor Code. of said Page 7 The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar Imy and each calendar week by all laborers, workmen, and mechanics ployed by him in connection with the work contemplated by this Contract, which record .shall be open at all reasonable hours to the inspection of the City of 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 in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are 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 accurate 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 connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available 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. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnisbed 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 subdivision (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 contract, the Division of Apptenticeship 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 Within ten (10) days after receipt of a written request. Page 8 (d) Any copy of records.made available for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county and shall, within five working days, provides notice of a change of location and address-. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. Yh) The director shall adopt rules consistent with the California Public Records Act, (Ch. 3.5 (commencing with Section 6250) of Div. 7; Title 1. Gov. Ch.) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C.) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249). 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. 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. Page 9 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 trainingof each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint 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 apprenticeships in the area or industry affectedi 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 thedispatch 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 section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the Contractor that he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor for 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 ($30,000.00) or twenty (20) working days or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than two thousand dollars ($2,000.00) or fewer than five (5) working days. Page 10 "Apprenticeable craft or 'trade," as used in this section mean a craft or trade determined as an apprenticeable Occupationshall accordance with rules and regulations Apprenticeship Council. prescribed by the The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of App contractor from the 1 -to -5 ratio set forth inntthishsectionmwhengit finds that any one of the following conditions are mets (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 area ex9eeds a ratio of 1 -to -5, or such (c) If there is a showing that the apprenticeable craft or trade Is replacing at least one -thirtieth of its through apprenticeship trainin journeymen annually or (2) on a local basis, g� either (1) on a statewide basis, (d) If assignment of an apprentice to any work public works contract would create a conditionerfo hichrmedunwould Jeopardize his life or the life, safety, employees of the public at large if the spefic roorptaekrto whichtof theapprentice When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local Joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. A contractor to whom the contractjourneis subcontractor under him, who, in awarded, or any th'e contract, em to s Performing any of the work, under P Y 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 in any such craft or trade in the area of the site of thprogram work, to which fund or funds other contractors in the area opu fbthe site of the public work are contributin fund or funds in each craft or trade in whichhhelemploysbute to the or apprentices on the public work in the same amount orouponythe 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 Apprenticeshi contractor or subcontractor may P Council. The e amount of such contributions in computing his bid for ytheddcontract. The Division of Labot Standards Enforcement is authorized to enforce the payment Of sdeh'centributions to the fund or funds as set forth in Section 227. Page 11 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 3091. .(Amended by Stats. 1976, Ch. 1179) 1777.6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as* registered apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex or age, except as provided in Section 3077, of such employee. (Amended by Stat. 1976, Ch. 1179) 1777.7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777.5, such contractor 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 Apprenticeshipl and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50.00) for each calendar day of noncompliance. Noth*ithstanding thepprovisions 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 investigation, a fair and impartial hearing, and reasonable.notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. (c) Any funds withheld by the awarding body pursuant to this §ection 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 subcontractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. It is further expressly stipulated that the.Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for loch laborerk workman, or mechanic paid less than the stipulated VreVailing rates for any work done under this Contract by him or by any`idbconttactor tinder work done under this Contract by him or by why subcontractor under himy and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. Page 12 In case it becomes necessary for the ,Contractor or any subcontractor to employ on the project under this contract, any person in a trade or. occupation (except executives, supervisory, administrative, clerical, or other non -manual workers as Such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times -for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23. PAYMENT The City will make partial payments to the Contractor on the basis of a duly certified estimate of the Work performed and the materials incorporated in the project during the preceding reporting Period. The City utilizes a bi-weekly accounts payable cycle and issues checks on Fridays. The actual dates of the payment schedule are available through the City's Accounting Department. 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 the Notice of Completion. At this time, and not before, the City shall pay the Contractor the whole of the remaining ten percent (10%) of said contract price. The payment of progress payments by the City droll not be construed as an absolute acceptance of the Work done up to the time of such payments, but the entire Work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. Page 13 24. PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence Of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said_ buildingl__work_, or_ecuiQmen_t—or___-any thereof,_ or_i_n, on, or about the same during its construction and before acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor .unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of 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 guarantees 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 defects without cost to the City. Page 14 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 FIFTEEN HUNDRED DOLLARS ($1,500.00) PER CALENDAR DAY for each and every working day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage) and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any exdess. "28.- ADDITIONAL PROVISIONS. None Page 15 P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, duplicate, the day and year first hereinabove written. Approved as to form City Attorney -- - - ----- - t-- -- --2-- -----A --A STATE OF CALIFORNIA County of Santa Clara ss CITY OF CUPERTINO Ma r: City Clerks D to/City Cler _ CONTRACTORS C 4. FIA in On November 15, 1988_____ before me, Myra J. Garcia Notary Public, State of California, duly commissioned and sworn, personally appeared Brian Hathaway personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged that (s)he executed the same. IN WITNESS WHEREOF, I have hereunto in the County of Santa Clara. ■IIn111111111111111111n1YY11Y1Y11111A1111tlY11Y1111111Ytl� OFFICIAL SEAL MYRA J. GARCIA NOTARY PUBLIC — CALIFORNIA o COUNTY OF SANTA CLARA t• Comm. Exp. Aug. 29, 1989 �unwlw111u1n111Uu1n1uumnnulnl.11w11uwi set my hand and affixed my official seal 9 v ARCHITECTURAL AND SITEWORK LA� d COMBINED PROPOSAL ISSUED OCTOBER 20, 1988 TO THE DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 In compliance with the Contract Documents, Plans, Specifications and/or Special Provisions for the constructing to completion the CUPERTINO COMMUNITY CENTER -PARK PROJECT, CITY OF CUPERTINO PROJECT 88.2001, I, the undersigned, hereby declare that I have read the pro- posal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Contract Documents, Plans, Specifications and/or Special Provisions for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and fed- eral taxes or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary by the Engineer. The City of Cupertino reserves the right to unilaterally deter- mine and award the Contract to any qualified bidder based on the most advantageous proposal, to rejectlany or all bids or to waive any irregularities in the bidding procedures. The work to be done consists of the furnishing of all labor, methods, processes; tools, machinery and materials required to con- struct to completion the CUPERTINO COMMUNITY CENTER -PARK, PROJECT 88.2001, as described in the Con �ract•Documents. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall prevail and shall be used to calculate the total for theat bid item. The bid prices for this project shall be as outlined on the following pages. Combined Proposal Page 1 I, the undersigned agree that if this proposal is accepted by the City of Cupertino, I wi 11 enter into a contract with the City to provide all necessary machinery, tools, apparati, and other means of construction and to do all of the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making abid for this work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one portion of the work over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified surety in the amount of $ 1070 op ato represents ten percent (10%) of the total required by law and the notice to bidders. Proposal Page 3 check, bid bond or , which amount amount of the bid, as BASE BID PRICE: 1. BID ITEM NO. 1: For all the Landscape Work shown and described on the Plans and Specifications except the Add Alternates. Item No. 1: The sum of ob4Cyhlt,t,,a 'T'WG-4" -Rve 'jftu5dolo 4� N 04 '2' Dollars . 1,025,000.00 2. BID ITEM NO. 2: For all the Civil Work shown and described on the Plans and Specifications. Item No. 2: The sum of 111-E5 tt "o4et> Noias/s.3t� loan rvo/►.� Dollars (s300.0ooO.00 ). 3. BID ITEM NO. 3: For al l the Architectural work and shown and described on the Plans and Specifications. The sum of_7YrAEF, yA%LA jyrl Sok yUi10440 F1Q1�{-o�,B 34 I�olto.a Dollars 00• 4. TOTAL BASE BID PRICE includes sums for Item No. 1, Item No. 2, andItemNo.3for the total sum of: MI"-tv ►,U Ifya.cAa<0 5 "- S)x +.� 011ars c s 4T,, 000. ALTERNATES The undersigned further proposes and agrees that if an Alternate listed hereinafter is incorporated in the Contract, the Base Bid Price will be adjusted by the amount indicated for the Alternate. SITEWORK ALTERNATES 1. ALTERNATE NO. 1: For all work related to the Picnic Area. Deduct the sum of Dollars ($1�1g,O0 ). Combined Proposal Page 2 2. ALTERANTE NO. 2: For all work related to the Water Feature/Fountain. ( $ Z31� 870.00 ) 3. ALTERANTE NO. 3: For all work related to the Concrete Wall. Deduct the sum ol, s 4. ALTERNATE NO. 4: For all work related to Plant size reduction. Deduct the sum o f `� _ ���� _��� S1✓V o 1 Iwrs ($ 3>4,'14o -co ) . 5. ALTERANTE NO. 5: For al l work related to Placement of Sand and Construction of Play Structure. • D D the (5 ,":L : - Aad i� \ +�► ( $ 20}24(0. oo ) . 6. ALTERNATE NO. 6: For all work related to the Planter Pots. Add the sum of_9� fi�U.K El L, -EE: Dollars ( $ 'f 4a5. oo ) . ARCHITECTURAL ALTERNATES 1. ALTERNATE NO. Al: Portland cement stucco over wood framed furring at base of exterior walls in lieu of cut -stone veneer. Deduct the sum of o lars ( $ 55.O�b.co ) Combined 1roposal Page 3 2. ALTERNATE NO. A2: Provide screw type chiller in lieu of model specified as per.Section 15682, 1.08A. I>Equc r the sum of Dollars <ISoo0c'� ). 3. ALTERNATE NO. A3. Provide modified dishtable and warewasher in lieu of model specified as per Section 11400, page 36. Add the sum of 7-72A s The undersigned agrees to commence Work under this Contract on a date to be specified in the written Notice to Proceed from the Owner and to complete the Work within three hundred sixty (360) consecutive calendar days. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as set forth above. The Contractor shal l pay to the City of Cupertino Liquidated Damges, as set for in the Supplementary General Conditions, for each and every calendar days's delay beyond the dates established in this proposal for each and every portion of the completion process. I, the undersigned agree that if this proposal is accepted by the City of Cupertino, I wi 11 enter into a contract with the City to provide all necessary machinery, tools, apparati, and other means of construction and to do al l of the work specified in the contract in the manner and time specified. I, the undersigned, declare connection with any person, for this work, and is in all collusion or fraud. that this bid is made without firm, or corporation making abid respects fair, and without I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one portion of the work over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check, bid bond or surety in the amount of $ 1_ E(, which amount represents ten percent(10, of the total amount of the bid, as required by law and the notice to bidders. Combined Proposal Page 4 PROPOSAL(Continued) SUB -CONTACTORS FORM The sub -contractors) that I propose to use to perform any of the work for this project are listed below. Only those listed shall perform work on this project. 1. Name (ae4>EwA-1 Address r1��mo�T Work to be Performed GRADING & PAVING 2. Name CoFf&J Address �:—: - � 5E Work to be Performed IRRIGATION & PLANTING 3. Name k f w.1 Cr -t Address Work to be Performed REINFORCING STEEL 4. Name Address k 1Mg- Work to be Performed INSULATION �J 5. Name kL.Le�-f ��Tu,u--- Address �r,10 Work to be Performed CASEWORK 6. Name kc"h9t— Address S&ZTA cam( Work to be Performed ROOFING 7. Name Address Work to be Performed ALUMINUM & GLASS Proposal Page 5 HATHAWAY ADDITIONAL SUBCONTRACTORS NAME LOCATION WORK TO BE PERFORMED �s ��es Sir► nese 8 Stucco 9• Gypsum Board 10.�jE$ c�� Tile Work 1 1. C,:� MM &-94-AAL. C.AR?�r sAa Tbsc Resilient Floor 12 . �jr, , 13b, c Carpet Vo*1 k�b.►R� Cwt 13• Painting 14- ; +1DOS�-+p6aT -C-AFrET M-qL . StA�KS� �� Food Service Equip. SiE M wwue4 15 a�,66 IE %r Fire Sprinklers Heu-wt6 SA..tTiA CLkAA 16 — �•k Plumbing A� A t-��ua1 Icy s�► ase. 17. Air Conditioning 18• Electrical AgAr R w ELECT. moo,.► .fie tot, P 1 SMC) 3r2o5 , SbrM C-.4 20. 1 Fbe-v A 12ok-1 :AAA DSc 21, -y qAt o 5A1 4 -A 4M A. Page 5-A `� ATE 11Tl.� T1cS ST �c'Rl�th. S'1�1EZ„ 6 tu PROPOSAL(Continued) SIGNATURE FOR IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO -PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY -TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. TYPE Qf BUSINESS CORPORATION E. A. HATHAWAY AND COMPANY Brian Hathaway, President Keith Lundquist,Secretary-Treas CO -PARTNERSHIP: INDIVIDUAL JOINT VENTURE : OTHER (Describe) Name and Signature of Bidder: Date: October 25, 1988 Address (mailing & location) 565 Laurelwood Road Santa Clara, CA 95054 Telephone Number : ( 408 ) 988-4200 Acknowledge Addenda Recieved by circling the addendum number . (1) (2 ) (3) 4 Proposal Page 6 5 6 7 8 9 10 PROPOSAL(Continued) BIDDE QUALIFICATION FORM In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. The truthfulness and accuracy of this information is hereby guaranteed. My organization has been in business under its present name for 64 years. Our experience in work comparable with that required by the proposed contract is 64 years operating under our current business name. Our experience in work comparable with that required by the proposed contract is years operating under the business name Our California Contractor's License Number is 99257 The classification of this License is A and B1 The following is a list of work similar in character to that required in the proposed contract which our organization or personnel in our organization has completed within the past three(3) years. Year Class, Location _q Work ajj d = Whom }performed Amount PLEASE SEE ATTACHMENTS Proposal Page 4 HATHAWAY SCHOOLS AND PUBLIC BUILDINGS City of San Jose Convention Center, San Jose San Jose Civic Auditorium Rehabilitation, San Jose City of Santa Clara Civic Center, Santa Clara Town of Los Gatos Civic Center, Los Gatos Monterey County Courthouse, Salinas San Benito County Courthouse, Hollister San Jose State University, San Jose Administration Building Faculty Office Building Music Building Main Core Classroom Building Parking Garage, multi -story, 500,000 SF University of Santa Clara, Santa Clara Edwin H. Heafey Law Library Michael Orradre Library Bannon Hall Engineering Building California State University, Hayward Speech and Drama Building Main Campus Auditorium Cal Poly School of Architecture, San Luis Obispo U.S. Postal Facility, Salinas HATHAWAY CLIENT REFERENCE LIST Interland-VISA Computer Facility Jerry Coyle 415/574-9200 Architect: Hawley, Peterson & Snyder Contract Amount: $7,400,000 Western Region Computer Facility for VISA. 40,000 SF facility, light structural steel and wood frame construction. Syntex Herb Moss 415/852-1931 Lab Administration Addition Contract Amount $5,100,000 44,000 SF addition - structural steel with pre -cast exterior skin. Included office interiors. P-3 Production Plant Contract Amount $11,300,000 44,000 SF production plant for pharmaceutical products. Numerous clean rooms and sophisticated mechanical and electrical systems. Santa Fe Pacific Realtv Development - South Bav Center Marlin Jones 619/231-8963 Architect: Weaver Architectural Group Contract Amount: $36,000,000 Six office buildings, 3-5 stories, 400,000 SF. Safecare - Mission Oaks Hospital Don Baker 206/223-4569 Architect: Sugimura and Associates Contract Amount: $13,000,000 Three-story hospital, 65,000 SF. Ford Aerospace and Communications Corp. Bob Bernhardt 415/852-5908 Architect: Ehrlich-Rominger Contract Amount: $20,000,000 Renovation of 550,000 SF office development, including computer rooms, cafeteria, auditorium and offices. Tandem Computers Paul Hauser 408/973-7004 Architect: John D. Noll Company Contract Amount: $3,000,000 Interior construction of 100,000 SF manufacturing facility for Tandem's Systems Integration Facility. HATHAWAY Fourth Street Office Building Owner: St. James Associates/Longmeadow Development Corporation Rich Griffin 408/358-3911 Architect: Hoover Associates Contract Amount: $3,653,181 Four-story office building, three-level parking, 48,000 SF. Recently awarded second major project for renovation of the old Roos Atkins Building at First and Santa Clara Streets, San Jose. United Technologies Corporation - Multiple Protects Kent Forman 408/778-4692 Architect: Dennis Kobza & Associates, Ruth & Going Contract Amount: $30,000,000 (multiple projects) Hathaway has completed numerous projects over the past six years for United Technologies Corporation. Capital Builders, Inc. - Capital Towers Michael Metzger 408/436-1640 Architect: Leason Pomeroy Associates Contract Amount: $4,800,000 Five -story office building totaling 87,000 SF. Also completed Oakcreek III ($1,500,000) for this owner and over 110,000 SF of tenant improvements. Kearny Ventures - Multiple Projects Mark Teresini 408/288-5556 Architect: Dennis Kobza and Associates Contract Amount: $4,500,000 (multiple projects) Lincoln Properties - San Leandro VIII Luis Bellmonte, John Greer, Dan Anderson 415/571-2200 Architect: Cabak, Randall, Jasper, Griffiths Contract Amount: $4,300,000 140,000 SF new and 140,000 SF remodel of tilt -up warehouse and incubator offices. Hunter Properties Deke Hunter 408/248-2600 Architect: The Hagman Group Contract Amount: $850,000 Renovation of 6 -story office building. DeMonet Industries - Century Centre San Jose Ricardo DeMonet 415/341-4200 Architect: Burns & Nettle Contract Amount: $7,200,000 Eight -story office building, totalling 108,000 SF. Orchard Properties - Orchard 1001 Dave Brown, Dan Sarhad 408/922-0400 Architect: Design & Engineering Systems Contract Amount: $9,635,000 Seven Buildings totaling 372,000 SF. Also completed Orchard Park 612 for this owner, $3,398,583. HATHAWAY Trinity Investment Company - Executive Office Building John Griffin 408/358-3911 Architect: K+CZL Contract Amount: $2,200,000 50,000 SF remodel of existing poured -in-place concrete structure. Exterior skin of granite. BankAmerica Realty Investors - Fremont Hub Shopping Center Jeff Foss (now with Blackhawk Development) 415/837-1571 Architect: Hammarberg-Herman-Johnson Contract Amount: $10,000,000 Renovation of 20 -year-old mall, complete exterior, partial interior, 140,000 SF new building added. Multiple tenant improvements for this owner on the project. Terence J. Rose, Inc. - Jenny Properties III Terence Rose 408/496-1234 Architect: Pacific Urban Design, Ltd. Contract Amount: $5,200,000 (+$1,500,000 in tenant improvements) Three-story, real -brick exterior, 102,000 SF.