Loading...
82-024.1 L.P. Benedetti; Electrical - City Hall Basement Remodel, Project No. 76-56 • • CONTRACT FOR PUBLIC WORK CONTRACT made on November 1,: 1982 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the City, and L. P. BENEDETTI , 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 Miscellaneous Remodeling City Hall Basement, Project 79-56 - Electrical 2. Faithful Performance Bonds, Labor and Materials Bonds, Insurance Certificate 3 . This Contract 4. Bid proposal. referred to as Exhibit A Any and all obligations of the City and the Contractor are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said doc- uments. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and Specifications on the one hand, and this Con- tract on the other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of Miscellaneous Remodeling, City Hall Basement, Project 79-56 - Electrical, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the following named person: Mr. Bert J. Viskovich, Director of Public Works and adopted by the City, which Page 1 • • • Plans and Specifications are entitled, respectively, Miscellaneous Remodeling, City Hall Basement, Project 79-56 - Electrical, 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: Sixteen Thousand, Nine Hundred Sixty-Six and 00/100 Dollars, Including Alternate A-3 ($16, 966 . 00 ) subject to additions and deductions as provided in the Contract Documents. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dis- pute arise respecting the true value of any work done, of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the_ unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the A- merican Arbitration Association if the parties are unable to agree. 5. PERMITS; COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the Work, and to the shops, wherein the work is in preparation. Where the Specifications require work to be spe- cially tested or approved, it shall not be tested or covered up with- out timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. - Should the City at any time during the progress of the work require any alterations, deviations, additions or omissions from the Specifications or Plans or other Contract Documents, it shall have the right to do so, and the Page 2 same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable val- uation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all a- gencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Fed- eral statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, a- mendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitra- tion Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: Within Thirty-Five Working Days from the Notice to Proceed. If the Contractor shall be delayed in the work by the acts or neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lock- outs by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor' s control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Doc- uments. 11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in Page 3 - • r • • order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Con- tractor. 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to ter- minate the Contract, such notice to contain the reasons for such in- tention to terminate the Contract, and, unless within ten days after serving of .such notice, such violation shall cease and satisfactory arrangements for correction thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty days from the date of the serving of such notice, the City may "take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Con- tractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, with- out liability for so doing, take possession of, and utilize in comp- leting the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13 . THE CITY ' S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Con- tractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its dis- cretion. In so doing, the City shall be deemed the agent of the Con- tractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial deter- mination of the claim or claims. With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in the City' s Notice to Contractors. nm,.,. A 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under the Contract shall be in writing, and shall be dated and signed either by the party giving such notice, -or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if, the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b ) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: 758 Chestnut Street, San Jose, CA 95110 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 addressof 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 Page 5 • • • has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement ex- tending the Contractor' s coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Con- tractor under this Contract shall also contain an endorsement pro- viding that thirty ( 30 ) days " notice must be given in writing to the City of any pending change in the limits of liability or of any can- cellation of modification of the policy. (a) WORKMEN' S COMPENSATION INSURANCE AND EMPLOYER' S LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract Workmen ' s Compensation Insurance and Employer' s Li- ability Insurance for all of his employees employed at the site of the project and, in base any work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen ' s Compensation In- surance and Employer' s Liability Insurance for all of the latter ' s employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following cer- tification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen ' s compensation or to undertake self insurance in accordance with the provisions of the code, and I will comply with such pro- visions before commencing the performance of the work of this contract. " Page 6 • • (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him any . subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also including what are commonly known as the "X, C, and U" exclusions ' (having to do with blasting, collapse, and underground property damage) , which may arise from Contractor' s operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows : Bodily Injury Liability Insurance in an amount not less than $300 , 000 . 00 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $500 , 000 . 00 , on account of one accident, and Property Damage Liability Insurance in an amount not less than $200 , 000 . The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy, and that, if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. (c) FIRE INSURANCE. The City shall take out and maintain for the benefit of both parties to this Contract insurance covering loss by fire, extended coverage endorsement perils (windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircraft, vehicles, smoke) , and vandalism and malicious mischief upon the entire structure on which the work of this Contract is to be done to one hundred percent (100% ) of the insurable value thereof. Proper evidence of such insurance shall be furnished to the Contractor. If the City provides the fire insurance hereunder, and the contractor desires broader protection than the perils of loss by fire, extended coverage endorsement perils, and vandalism and malicious mischief, the City will attempt to obtain such broader protection and the Contractor agrees to pay any additional cost for such broader protection. 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 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. Page 8 • • r • 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. ( 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 Page 9 • • 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 Enorcement, 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 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 Page 10 • 'subcontractors shall not be reqdired 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 he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than on apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30 , 000 ) or 20 working days or to contracts of specialty contractors not bid- ding for work through a general or prime contractor, involving less than two thousand dollars ($2, 000 ) or fewer than five working days. "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations presecribed by the Apprentice- ship Council. The joint apprenticeship committee shall have the dis- cretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any on of the following conditions is met: (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5 or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or ( 2) on a local basis. (d) If assignment of an apprentice to any work performed under a 'public works contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees of the public at large if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. When such exemptions are granted to an organization which repre- sents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to Page 11 • • • Submit individual applications' for approval to local joint apprenticeship committes, provided they are already covered by the focal 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 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. Page 12 • • (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, or mechanic paid less than the stipulated prevailing rates for any work done under this Contract by him or by any subcontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. In case it becomes necessary for the Contractor or any subcon- tractor to employ on the project under this Contract any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Con- tractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum— for such trade or occupa- tion from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and proper- ty. The safety provisions of applicable laws, building and construc- tion codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety pro- visions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23 . PAYMENT. Not later than the first Tuesday of each calendar . month, the City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project, during the preceding calendar month, by the Contractor, but the City will retain ten percent (10% ) of the amount of each of said estimates until the expiration of thirty-five (35) days from the date of recording by the City of notice of acceptance of completion of all work covered by this Contract, if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body; or, if such notice be not so recorded within ten days, until the expiration of ninety-five ( 95 ) days after the acceptance of completion of such work of improvement as evidenced by resolution of Page 13 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 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- , Page 14 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 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 One Hundred and no/100 dollars ($100 . 00 ) , for each and every day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and the Contractor hereunder, or his assigns and successor at the time of completion, and the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. Page 15 • • Purchase Order Number: 28. ADDITIONAL PROVISIONS. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUP TINO girt Approved as to form Mayor: t� S 01 14 City Attorney City Clerk' / Date/City Clerk- CONTRACTOR: By: 4 as &x Notary acknowledgement required. If a corporation, corporate seal and corporate notary acknowledgement required. Project Name and Number: Miscellaneous Remodeling City Hall Basement, Project 79-56, Electrical Name: L. P. Benedetti Amount: I Sixteen Thousand Nine Hundred Sixty-Six and no/100 Dollars Including Alternate Ar3 ($16,966.00) Contract Account Number: 110-7956-950.13 Page 16 STATE 'OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of Zig day of a in the year of /f i , befo �re me aC'e ateteas personally appeared /� /9 ij��,� d "'777 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. 2 .,,�. OFFICIAL SEAL �J 47 ,e alits:kt• 2E "• NOTARY PUBLIC-CALIFORNIA Notary Public in and for the County SANTA CLARA COUNTY of Santa Clara, State of California 2 My Commission Expire; Nov. 19, 1982 G I GISPCNGN`GMG)<Q0QG1;5G),.RGYQG QOAP YPGx.90. CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of day of in the year of , before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) toibe the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the - corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California 6/29/82 • CITY OF CUP ERT INO BID PROPOSAL 7 r" 136,-u . • MISCELLANEOUS REMODELING • n • CITY HALL BASEMENT &LCC. 2l t. {C L- • PROJECT 79-56 Electrical TO THE DIRECTOR OF PUBLIC tWORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA: Dear Sir: Ir. compliance with the Plans and Specifications furnished for the Miscellaneous Remodeling - City Hall Basement, Project 79-56, Cupertino City Hall, I the undersigned, hereby declare that I have read the proposal requirements and hereby declare that I have read all requirements embodied herein and have visited the site and hereby propose to do all work required to complete the said work in accordance with the General Requirements, the Bid Documents, and the Project Specifications in amounts set forth herein on the incorporated schedule. This Project is under the Contract M =meat Procedures of Contract Ad- ministration. The Contractor understands that he shall cooperate with other contractors working on this project and shall follow the schedule and guide- lines outlined by the Project Manager. The Contractor stipulates by submission of a bid proposal that he has visited the site and has fully reviewed the Plans and provisions of- other contracts that relate to or adjoin the work involved herein. A bid bond in the amount of 10 base bid is required. BID • ITEM QUANTTITY :TEM TOTAL 1. L.S; Provide and Install all Electrical Work complete and in place for Sixteen thousand five hundred eighty-one dollars S 16,581.00 L.S. Dollars/i.S. ADDITIVE ALTERNATES: A-3 L.S. Provide additional lighting fixtures and appurtenances under Alternate No. 3 complete for Three hundred eighty-five dollars $ 385.00 /L.S. Bollars/L.S. 1/4 J. :JV VJ-.-.l. • CV.[�--.1 C..i 2IDD R OL__.T_cICATION FORM • In further compliance with the spe^ - ^axions .ur..is -- _ne ..ecce=s__ned following the fol_o _ng s:ate ents as to his experience an- to _• -_- :ions as a par: of this proposal , and the truthfulness a•_- accuracy of :h. =ortatiOn is hereby guaranteed. (1) Eo4.- =any years has your organization been _nbusiness uncle_ present name? 3 yrs. (2) acv =any yea=s' experience in work comparable that recuire_ under :he proposed contract has your organization had by this or any other name? 15 yrs . (3) Contractor ' s license No. 377893 State of Cai_r_r is Classification C-10 - List work similar iII character LC that reC l:i rE. in the -'=DOCS ec contract which .our oreaniza:ion or personnel -_ your organiza:_on has completed within .the past three years . Year Class . Location of Work and for Whom Performed Con--=__ :mount 82 Electrical / Berryessa School Dist. / Hamilton Construction 510,000.00 82 Electrical / City of San Jose / Off Street Lighting Conyers. 23 ,000.00 82 Electrical / Lafayette Park: City of Santa Clara 58,000.00 82 Electrical / Palo Alto Main Library / Geggatt Co. 126,000.00 80 Electrical / Oak Grove School Dist. / Aire Sheet Metal 80,000.00 81 Electrical / Syntex Corp. / Peoples Const. Co. 98,7.11 .00 82 Electrical / Atari: / Automatic Control Engineering 36,000.00 82 Electrical / Palo Alto Unif. School Dist./ Hellwig Plumb. 96,000.00 81 Electrical / Berryessa Unif. School Dist / L. P. Ben. 35,000.00 80 Electrical / Sunset Design / Geggatt . 116,000.00 80 Electrical / Si-Fab Corp. / L. P. Benedetti Contractor 37,900.00 79 Electrical / Thrifty Drug Store / Janes Calif. 68,000.00 • PROPOSAL 2/4 • air Sane of Proposed Sub-Contractor, if 2.. (Section 4104 Government Code) -S 1. • none'. • 3. 5 5. Address of Shop c. 0:" -= of Sub-Cont_ectc (Section 4104 _oven.=en_ Code) • • 3. - 5 . • • Work to be performed by Sub-Contractor (Section 4104 Govern:tent Code) 7. • 5. PROPOSAL 3/4 _:cDI =Di;: SO S---- IF YOU, - - - IRM OR CO-PARTN=R=HTP _.T ATE TEE • M NAME AND LIFT THE NAMES OF _LL -__:y- ' L CO-PARTNERS FIRM. TF A COR?O_ -OV S-'-= - - 1 _M_ OF CORPORATION, J , S - R :SuRra E .—`AC =R. -- - CORPORAT=SE ----. EO. --- _ O. BUSINESS . :CCEV -�-� X owner ` operator Co-?a_ --e-ship Corporacion. Jcimc em:•.cre Other (_escribe) • • • NAY= S:C:an-p= OF BIDDER: • L. P. Benedetti 753 Chestnut St. San Jose, Cal. 95110 (40s) 292-7888 Da:e October 6, 1982 Adaress • • Addenda Receiv d. : • 2 3 4 3 • • • Proresal Page 4/4 STATE OF California ) , COUNTY OF Santa Clara ) On this 19th day of October , 19 82 , before me personally came Ime Fuamatu to be known, who being by me duly sworn, did depose and say: that he is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accor- dance with the By-Laws of the said Corporation, and that he signed his name thereto by like authority. ,f IRIS A. PAOULFO ....6�o./ril . s .. �Gy�. NOTARY PUBLIC-CALIFORNIA ?e SANTA CLARA, COUNTY (Notary Public) ` My Commission Exp.Jul l • . y29.1988 I a6u0@©sA ®pne VO5100-01 a FAITHFUL PERFORMANCE BOND Executed in Duplicate • Bond No. 553081 KNOW ALL MEN BY THESE PRESENTS: THAT WE, L. P. BENEDETTI • as Principal and SURETY INSURANCE COMPANY OF CALIFORNIA as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Sixteen Thousand•Nine Hundred Sixty-Six and no/100 Dollars * ($ 16,966.00 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated nri-nhar 1QR2 with the Obligee to do and perform the following work to-wit : Miscellaneous Remodeling City Hall Basement Project 79-56 Electrical Including Alternate A-3 • NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 19th day of October , 19 82 . (To be signed by Principal and Surety and acknowledgment.) �. NEDETTI BY: , Princip 1 L. . BENEDETTI SUREit NSURANCE COlv • ,Y OF CALIFORNIA Su By: 4'1:.L�` i'irt///I i attorney-in-Fact I-me puamatu The above bond is accepted and approved this day of 19 _ • • STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) • On this day of 19th day of October , ' in the year of 1982 , before me Richard L. Dixon personally appeared L. P. Benedetti , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official se •nnnunnnnznnnl: OFFICIAL SEA2------ -- 7---?-._ t, RICHARD L DIXON ^�s;}q'Y.? NOTARY PUBLIC — CALIFORNIA Public in and for the County i DNINCIDAL OFFICE IN TNI ppp of Santa Clara, State of California u'�.,� ' WNIITY OF SANTA LIANA tl 55�� Comm.Erp.Dec. 9, 1983 p•Ci AYH ■ CORPORATION ACKNOWLEDGEMENT STATE 0 CALIFORNIA ) ss. COUNTY OF S A CLARA) On this day of day of in the year of , .efore me / , personally appeared , personally known to me (or proved t. .e on the basis of satisfactory evidence) to be the person who executed the ith: instrument as president (or secretary) or on behalf of the corporatio therein .med and acknowledged to me•that the corporation executed it. IN WITNESS WHERE. , I have -hereunto set ,. hand and affixed my official seal in the County o Santa Clara the day and yea in this certificate first above written. Notary Public in and for th'e,County of Santa Clara, State of California 6/29/82 • • LABOR AND MATERIAL BOND Executed in Duplicate l of 2 Bond No. 553081 KNOW ALL MEN BY THESE PRESENT: • WHEREAS, the City of Cupertino, State of California, and L. P. BENEDETTI' hereinafter designated as "Principal" have entered into or are' about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and WHEREAS, said Principal is required to furbish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors , shall fail to pay for any materials, provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and SURETY INSURANCE COMPANY OF CALIFORNIA as Surety, firmly bind ourselves , our executors, administrators , successors and assigns , jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials , provisions , provender or other supplies used in, upon, for or about the per- formance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and all persons, companies or corporations lend- ing or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials , whose claim has not been paid by Principal or by any other person, in the just and full sum of Sixteen Thousand Nine Hundred Sixty-Six and no/100 Dollars - Including Alternate A-3 ($ $16,966.00 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors , heirs , executors, administrators, successors or assigns, shall fail to pay for any materials, provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Un- employment Insurance Act with respect to such work or labor, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. • N STATE OF California ) • COUNTY OF SantaClara ) 19th October 82 On this day of , 19 , before me personally came Ime Fuamatu to be known, who being by me duly sworn, did depose and say: that he is Attorney-in-Fact of Surety Insurance Company of California, the Corporation described in and which executed the foregoing instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accor- dance with the By-Laws of the said Corporation, and that he signed his name thereto by like authority. �.a�, IRIS A.PADULA ,..- _.. i NOTARY PUBLIC-CALIFORNIA (Notary Public) 1.rai SANTA CLARA, COUNTY . r/qp My Commission Exp.July 29.1986 I 5100.01 Labor and Material Bond Page 2 r, And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of The contract or to the work to be performed thereunder or the specifications • accompanying the same shall in any wise ;affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. IN WITNESS WHEREOF, this instrument has been duly executed, by the Principal and Surety this 19th day of October , 19 82 . (To be signed by i2B DETTI • Principal and Surety By; and acknowledgment Principal L. . BENEDETTI and notarial seal attached.) • SURE , INSURANCE COMP•k • • •:1 LA • Sur- • a,4. By: 4 / ''ra ' / � SJu • ttornn-Fact, Ime Fuamatu • The above bond is accepted and approved this day of , 19 b . STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of 19th day of October in the year of 1982 , before me Richard L. Dixon personally appeared L. P. Benedetti personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official al. Cilluuauenaeeuznmunmanmu.Enu,Eemmll.■ C t OFFICIAL SEAL p 1 RICHARD L. DIXON �,� NOTARY rJ2LIC — CALIFORNIA E No ary Public in and for the County '4'16 PRINCIPAL OFFICE IN THE 'C COUNTY of WRA CLARA .1 Santa Clara, State of California *arca."' Comm.Exp.Dec. 9, 1983 nuwuuuull2EEluuumuutamuu�urf>tl� CORPORATION ACKNOWLEDGEMENT STATE OF CA IFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of Ash,day of in the year of , b- ore me , personally appeared \ personally known to a (or proved to me on the basis ofNs�atisfactory evidence) to be the person o executed the within instrument as pr sident (or secretary) or on behalf o the corporation therein named and acknowledged to me that the corporation xecuted it. WITNESS WHEREOF, I have hereunto set my hand and affixed y official seal n the County of Santa Clara the day and year in this certificate first ab a written. Notary Public in and for the County of Santa Clara, State of California 6/29/82 iaagT?9 '11 dTTTTgd `Aas;avlas (MISS) — ------- - - - --• Z8 61 ' zagogop J0Anigg6T $1142 Auadwo0 Pisa eta Jo lase a;aaodaoo alp paxp;a pus aureu Luz paquasgns olunaJaq amp I sa0allagAi alstOPUISEL HI 23a;;a pun aaio;MT in ATM art ',Satrapy,/;o SWAM pins UT q;ao;Sas ss £usducoa piss;o sma'I-dg (q)L volpaas' I appav pup aaouuagpm;pus:pasionaa uaaq;ou sac pus ';aaga pus 8880; nn;If suFawaa Aau-:o;;Y Jo aa.nod aq; 1047 pun Y110z03I7Vo 30 ENYdWOO HONVHnSNI ES3tins Jo Aaalaaaas aq4 Wm I imp 414283 'pauSisaapun an.; 'I 4 cut'GAM•.."1oCR..=wo.c'W t NOIIVDI lJ.d30 AlDn0030NV110 i apq[ld/C18)ON NI 3313301Vd1 J•ad vINN031'0.0-31;ltlnaVION �j1 I 01130 • All: AHE; :"Q1pr // S•—/ • 4 1Y3e1VULi30 - - -amino anoga WTI ries pus Asp atp 'mIg8H fl J° S3f0 aqi is Inas Isf°IJJO Ana paxfJJn pus.'puaq Lw ;as o;unaaaq ism; I '303aaIIM ENOWILSa.L NI •83:07 UT Mott al yuaumaieul 2u paaaad atp u; o; paua;aa 1Auadwo0 pins Jo ems•l-Ag aq4 Jo (q)j. uopaaS 'AI a1317.1Y 7843 pun Ictopsiocipo p ss alp Jo v°µaaafp pus 6uaoq;ns aq;Aq;uawnaisu{ pfize aq; of pagFansgns pus pax-pp A1np aaam aaowJ;o sa ampau2ls pm pus Inas a;saodao0 pf8e a4; pus 'Ausdwo0 p{se;o [aaS a;maodxo0 aq; al maw -na;sul 2ulpaaaad 843 a; 08x{778 pas a4; imp pus 'pfm:aao;s Auadwo0 pias airy Jo aa3IJ3o atp of aq iso; Pisa pun paeodap Sloop Strip aux Aq 2uraq pus 'awes aq; Jo uopnpaxa aq; pa2paimouKos aq pus ';vauma;suf 2ulpaoaid atp pa4noaxa oqm pus 'ul pagpasap aaoi;J° Pus [anp!Mpuj ail eq of whom; Si(muosaad aW o; `VINUO3I'IVO AO 11.4114c134100 3OMYUIIISIU SIMMS To looPisaad'm••alnl•3 ugor awao 'pal;llanb pus patio/ssiwwoo Afnp 'a2uaao ;o.S;unoo aq;a0;pU8 of '8JI0JflBO Jo 01845 aq; J° align 6aaioN a 'xequosgns aq; aaoJaq 186T 'a'Vg a Jo L8)�]TTep41 °0 is maoa ( aONVII0 30 sSNnoo ss it // iy ;vapleaad d p . , HSY.Ls 11luaPi'3 u1101 " / 6961 'iE 'NV1 c m VINUatIPIVO 30 dNVdIM UONV/LaSHI EZ37IIIS 031U0da00NI .T$....6T ' zaqm-azar -Jo Amp sup pax4JJ8 o;unaaaq aq o;{pas apt .ciao -.1 pus 'aaaII;. . . ., rte S1np Eric Aq paufls aq of s;uasaad amp perinea saq souaoIpio ;o Susdwo0 aausansul Aiaa . nt dw0O • •suosaad aadoad LIMO na4; ul aluxoJgnO 'sump a'1 u; ao4JJo pi ;a Lundin• . . • • - FTI° pa33afa Alxsin2aa atp Sq pa2pafmaunpa pus pa;noaxa Ainp uaaq psq Lain n au 'sasodmd pus s;ua;u; Ra of 'A1dws pus Alps; ee Auadwo0 pias uodn 2uipulq so aq gags 'a;uasaad asaq; ;o aausnsand >n s2u2im4aapun ao spuoq gong Jo uopn7axa 8147 pus Z86T `TE zagmaoaQ at Roma a3.Lmoaxa DNI -xv.L2i3wmn 140 CMOS V H03 a'INo OTIVA SI A NtI0.LLV 30 1I3.1AOa $IHS "CMOS 3'IDHIS ANY 1103 (00.0004SZTS) sxeIToa pussnogy aAZg—.C4ua&y paipung auo O.L ag.LIJII'I SI AM/SHOT-IV 30 U3mOd STEAL 30 ESIt4OH.LUV 'TTL laptop 'saaSofdwa 819144 Jo ;on uoo w a A .10 ascioqii Sliiapl; Pus Spins p sl 47 q 08$183 a2mwap.10 seol;sula273 saa.foldwa 2ipAptrwapu; sapllod !Limbo ao mu; Jo ;moo Aire u1 2ulpaaaoad ao uop38 Sus ul uaA42 aq Amu ao 'pap= Sq paisap aq Ssw pup s2up(naapun pus Spans 'AitutuapuI Era pus 'Apins afro o; 'a;uaumaop ;o sassep 2u;rnono; atp J° Tie span Pus 338 Ru ams P 7 Ils4aq all no pus so;aanliap pus Seas 'a;n3axa 'aaf0w 04 '4007-u1-Sauao;;s pus iva2a IuJmsi pus arta; pi SZulOJT-Cap 'asor uas jO ngamsng ami ;ulodde pun 04114051103 'aalaw scop s;uasaad asap Sq pus pa;ulodds pus pa4n4psuoa 'apain sag „tamp °; uanl2 S;1aoq;ns alp 8X0188 pus saa4ulodda gone Ault aAOwaa 7uaur2pn f saq ut amp Sum ;e Asti' aq pun 'Joaaag4 ain;au 0147 tri Saols2l-no e2ul -4um aaq;o pus'A;pawapui;o spaa4uoo'saauszpz2oaaa 's2upfauapun pus spuoq 'Suadwo0 atp Jo Jrsgaq uo ainoaxa o; wain • azpoq;ns pus 2383-ul-sAatuo4;Y ;ulodda 04 A;pot ps pus aamod anaq nags lualneaad aqS '(q)L u°fi°aS 'AI alapsy.. 7fm-o4 'Papa ul mou an pus 8964 tads Jo Amp 14;8 stn uo Lusdwo0 plus sip ;o sa013aala alp Aq pa;dopa exam 11311.1m emsZ-Lg 2u1moilo;a43 0;;uansmd 'spuojnnO Jo 04846 'a2umap Jo S;unoj'sags;s'I;o L;fO atp ul a°1A0 Iadputad 5l;2u1 -nag'uopsaodao0 13111.10M130 9 'spuoJJlso J0 Susdwo0 saua.msul Spans wily rsjaasaad any; Rig t43$44/12> mou) 6£9Z °N • A3KUIO.LLV 3O )13AIOd 3O AdOD aaI3I.L1133 IS988 slv°AiUO'saga;WI • osn xog VINH03I'IVO 'VUIUVH VI NI a0L1A0 3341OH t o Q 'Amos °sues pus snoop e4,I„ ruJof 7jv'j fiarvdueoj a3U87J7fcUf• - T IT Y • F r- } T f Certificate of Insurance a atom THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. , G THIS'CERTIFICATE'. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE'AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADSRESS OF.AGENCV Frank R. Olmo d Son COMPANIES AFFORDING COVERAGES • 400 Reed Street • COMPANY A Santa Clara, California 95050 LETTER pGlobe Indemnity Company ` ETTERNY B Homeland Insurance Compny NAME AND ADDRESS OF INSURED /� COMPANY ■ L. P. Benedetti Electric LETTER V 758 Chestnut Street COMPANY D San Jose, California 95110 LETTER pp�� COMPANY F LETTER This is to certify that policies of Insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be Issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY I Limits of Liability in Thousands(000) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY __ BODILY INJURY $ 500 $ 500 A ❑X COMPREHENSIVE FORM To Be Determined 7/9/85 El PREMISE—OPERATIONS PROPERTY DAMAGE $ 200 $ 200 © EXPLOSION AND COLLAPSE HAZARD © UNDERGROUND HAZARD , ©PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑X CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ®BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPENDENT CONTRACTORS . ® PERSONAL INJURY PERSONAL INJURY $ 500 AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ OWNED (EACH ACCIDENT) A ❑X HIRED To Be Determined 7/9/85 PROPERTY DAMAGE $ I D NON OWNED BODILY INJURY AND $ 300 PROPERTY DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION _ STATUTORY B and 27-23063 7/1/83 EMPLOYERS'LIABILITY $ 100 (EACH ACCIDENT) , OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Project 79-56 Electrical Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing com- pany will endeavor to mail10 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company.. NAME AND ADDRESS OF CERTIFICATE HOLDER: TATE ISSUED' ctober 19, 1982 City of Cupertino A 10300 Torre Avenue Cupertino, California 95014 ,rr ,._ AU HORNED REPRESENTATIVE ACORD 25(1-79) CITY• OF CUPERTINO • BID PROPOSAL MISCELLANEOUS REMODELING CITY HALL BASEMENT PROJECT 79-56 Electrical TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA: Dear Sir: In compliance with the Plans and Specifications furnished for the Miscellaneous Remodeling - City Hall Basement, Project 79-56, Cupertino City Hall, I the undersigned, hereby declare that I have read the proposal requirements and hereby declare that I have read all requirements embodied herein and have visited the site and hereby propose to do all work required to complete the said work in accordance with the General Requirements, the Bid Documents, and the Project Specifications in amounts set forth herein on the incorporated schedule. This Project is under the Contract Management Procedures of Contract Ad- ministration. The Contractor understands that he shall cooperate with other contractors working on this project and shall follow the schedule and guide- lines outlined by the Project Manager. The Contractor stipulates by submission of a bid proposal that he has visited the site and has fully reviewed the Plans and provisions of- other contracts that relate to or adjoin the work involved herein. A bid bond in the amount of 10 base bid is required. BID ITEM QUANTITY ITEM TOTAL 1. L.S. Provide and Install all Electrical Work complete and in place for Sixteen thousand five hundred eighty-one dollars $ 16,581.00 L.S. Dollars/L.S. ADDITIVE ALTERNATES: A-3 L.S. Provide additional lighting fixtures and appurtenances under Alternate No. 3 complete for Three hundred eighty-five dollars $ 385.00 /L.S. Dollars/L.S. 1/4 A. BID DOCIElYNTS. continued • BIDDER OU t IFIC_ a0\ FORM In further compliance with the specifications furnished, the unders' £ned submits the following statements as to his experience and to his qualifica- tions as a part of this proposal, and the truthfulness and accuracy of the information is hereby guaranteed. (1) How many ears has yourorganization yO_�c. Z2t10n been in business under its present name? 3 yrs. (2) How many years' experience in work comparable with that required under the proposed contract has your organization had by this or any other name? 15 yrs. (3) Contractor ' s License No. 377893 • State of California, Classification C-10 ' (A) List work similar in character to that required in the proposed contract which your oreamization or personnel in your organization has completed within .the past three years. Year Class , Location of Work and for krnom Performed Contract 2nount 82 Electrical / Berryessa School Dist. / Hamilton Construction $10,000.00 82 Electrical / City of San Jose / Off Street Lighting Conyers. 23,000.00 82 Electrical / Lafayette Park: City of Santa Clara 58,000.00 82 Electrical / Palo Alto Main Library / Geggatt Co. 126,000.00 80 Electrical / Oak Grove School Dist. / Aire Sheet Metal 80,000.00 • 81 Electrical / Syntex Corp. / Peoples Const. Co. 98,741.00 82 Electrical / Atari: / Automatic Control Engineering 36,000.00 82 Electrical / Palo Alto Unif. School Dist./ Hellwig Plumb. 96,000.00 81 Electrical / Berryessa Unif. School Dist / L. P. Ben. 35,000.00 80 Electrical / Sunset Design / Geggatt Co. 116,000.00 80 Electrical / Si-Fab Corp. / L. P. Benedetti Contractor 37,900.00 79 Electrical / Thrifty Drug Store / Janes Calif. 68,000.00 PROPOSAL 2/4 >_!7 .JC'1L.N S . cont'_nueC • Name of Proposed Sub-Contractor, if any (Section 4104 Government Code) 1. none 3 . 4. 5. • 6. • Address of Shop cr Office of Sub-Contracto (Section 4104 Government Code) 1 I • 3 . 4. • 5. • • 6. • Work to be performed by Sub-Contractor (Section 4104 Government Code) 1 2. 3. 4 . 5 . 6. PROPOSAL 3/4 A . STD DGCL?r?� _S , continued • __ YOU ARE AN INDIV (DUAL, SO STATE. IFYOUCO-PARTNERSHIP , c' -_ • . . -- ?RE FIRM IR OR =TE T..- FIRM N:_•L= AND LIST THE NAMES OF ATI INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, `ES OF - R-SI- E- ' DE\ SEC3�__RYTa=?SU3EZ AND MANAGER. THE CORPORATE SIL MUST BE AFFIXED. TYPE OF BUSINESS : Individual X owner / operator Co-Partnership Corporation • Joint Venture Other (describe) • NAME AND SIGNATURE OF BIDDER: • • • L. P. Benedetti 758 Chestnut St. San. Jose, Cal. 95110 (i08) 292-7888Date October 6, 1982 Adaress • Addenda Rzceived : • • l 2 3 4 5 • • Proposal Faze 4/4 • j E`MERICAN INSTITUTE OF ARCHITECTS ///://L.7741 AlA Document•pA370 NN B1ld Bond Solid # 552376-08 KNOW ALL MEN BY THESE PRESENTS, that we L.P. Benedetti Electric (Mere insert full name and address or legal title of Contractor) • • as Principal, hereinafter called the Principal, and Surety Insurance Company of California (Here insert full name and address or legal title of Surety) 5777 North First Street, Suite 400 a corporation duly organized under the laws of the State o e, CA 95112 California as Surety, hereinafter called the Surety, are held and firmly bound unto City of Cupertino (Here inaen lull name and address or legal title of Owned Ten Percent of Bid Amount Not to Exceed as Obligee, hereinafter called the Obligee, in the sum of Three Thousand and No/l00ths Dollars (5 3,000.00---- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Miscellaneous remodeling (Here insert full name, address and description of protect) City Hall Basement — project #79-56 • NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 5th day of rOctober 1982 L"62 P .BENEDETTI ELECTRIC .\ { (Principal)(Principal) (Seal) (Witness) (Title) SURETY INS CE COMPANY e CALIFORNIA )Surety" (Seal) �/ (Witness) I a �(� " l Made acne Genes try, git tto -y—in—re t AIA DOCUMENT A310 • BID BOND • AIA 9• FEBRUARY 1970 ED• THE AMERICAN l/ INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W„ WASHINGTON, D.C. 20006 � I) Certificate of Insurance 0.. . cc®Ira THIS CERTIFICATE IS' ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS:CEIFTIFICATE DOES NOT AMEND; EXTENDOR.ALTER THE COVERAGE.AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES - Frank W. Olmo & Son 400 Reed Street COMPANY LETTER Royal Insurance Company Santa Clara, Claif9ornia 95050 - COMPANY LETTER Homeland Insurance Company NAME AND ADDRESS OF INSURED L.P. Benedetti Electric LEER NY C • 758 Chestnut Street COMPANY San Jose, Claifornia 95110 LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the Insurance afforded by the policies described herein Is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY I Limits of Liability in Thousands(000) LETTER TYPE OF INSURANCE POLICY NUMBER - EXPIRATION DATE EACH AGGREGATE OCCURRENCE _ GENERAL LIABILITY .�yII BODILY INJURY $ 300, $ 300, ICJ COMPREHENSIVE FORM A LI PREMISES—OPERATIONS To Be Determined 7/9/85 PROPERTY DAMAGE $ 100 $ 100 • CEXPLOSION AND COLLAPSE HAZARD L`J UNDERGROUND HAZARD -- C PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ in BROAD FORM PROPERTY COMBINED JJ��l DAMAGE ' INDEPENDENT CONTRACTORS JC I PERSONAL INJURY PERSONAL INJURY $ 300 AUTOMOBILE LIABILITY BODILY INJURY . (EACH PERSON) $ — D COMPREHENSIVE FORM BODILY INJURY $ A 0L�lOWNED To Be Determined 7/9/85 (EACH ACCIDENT) I4J HIRED PROPERTY DAMAGE S CI�l BODILY INJURY AND NON-OWNED PROPERTY DAMAGE $ 300, COMBINED EXCESS LIABILITY BODILY INJURY AND ' ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THANUMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and -- B EMPLOYERS'LIABILITY 27-23063 7/1/83 $ 100, (EACH/COMM) OTHER d DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES All California operations and locations . Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. . 1 CITY OF CUPERTINO 'DATE ISSUED. 10/12/82 _ • 10300 Torree Ave, d4/62-1 .... 7117,6-1." CP:1-4_.1 AUTHORIZE REPRESENTATI Cupertino, Ca, 95014 - ACORD 25(t-79�___-- - , city oP : `t •,., PUB[/C troiksivo NAV127982 ENDORSEMENT R4 e14 This endorsement, effective November 9, 1982 , forms a part of policy No. G YAC 37626 issued to L. P. Benedetti Electric by Globe Indemnity Company (Royal Insurance) ADDITIONAL INSURED IT IS HEREBY UNDERSTOOD AND AGREED THAT City of 'Cupertino IS NAMED AS ADDITIONAL INSURED UNDER THIS POLICY, BUT SOLELY PS RESPECTS LIABILITY ARISING OUT OF ALL OPERATIONS OF THE NAMED INSURED FOR tXORK PERFORMED FOR Basement Modification #79-56 CANCELLATION CLAUSE IT IS FURTHER UNDERSTOOD AND AGREED THAT City of' Cupertino WILL BE GIVEN THIRTY (30) DAYS WRITTEN NOTICE BEFORE ANY REDUCTICN OF COVERAGE OR CANCELLATION OF THIS INSURANCE IS EFFECTIVE. PRIMARY INSURANCE IT IS FURTHER UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY TO ANY OTHER VALID AND COLLECTIBLE INSURANCE AVAILABLE TO L. P. Benedetti Electric ALL CIPHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. /!://i'L---(7tTS Authorized Sature L. P. Benedetti Electric Company