84-066 Alfred N. Galedrige; Pavement Restoration, Project 85-102 CONTRACT FOR PUBLIC WORKS •
CONTRACT made on September 18, 1984 by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and ALFRED N. GALEDRIGE, 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 :
A. Plans and Specifications for Pavement Restoration, Project
85-102
B . Faithful Performance Bond, Labor and Materials Bond,
Insurance Certificate
-N\C. This Contract and correct wage determinations and other
certifications required by the federal government.
D . 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
documents . The documents comprising the complete contract are
sometimes hereinafter referred, to as the Contract Documents. In
case of conflict between the Plans and the 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 and complete in a good and
workmanlike manner, the work of Pavement Restoration, Project
85-102, as called for, and in the manner designated in, and in
strict conformity with, the Plans and Specifications prepared by:
Mr. Bert J. Viskovich, Director of Public Works and adopted by the
City, which Plans and Specifications are entitled, respectively,
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Pavement Restoration, Project 85-102, 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:
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 :
NINETY-EIGHT THOUSAND SEVEN HUNDRED SEVENTY-EIGHT AND 16/100
DOLLARS ($98,778 .16)
subject to additions and deductions as provided in the Contract
Documents .
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.
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 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,
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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 allagencies 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:
ON OR BEFORE THE EXPIRATION OF TWENTY ( 20 ) WORKING DAYS FROM THE
DATE OF THE NOTICE TO PROCEED.
If the Contractor shall be delayed in the work by the acts 13r
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.
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• 11. INSPECTION AND TESTING OF MATERIALS . The Contractor shall
notify the City a sufficient time in advance of the manufacture or
production of materials to be supplied by him under this Contract,
in order that the City may arrange for mill or factory inspection
and testing of the same, if the City requests such notice from the
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 .
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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 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:
368 Main Street, Los Altos, CA 94022
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 (100% ) 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 (100% ) 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.
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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 requiredof 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 out 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 is 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 protectionafforded by the Contractor.
In signing this Contract the Contractor makes the following
certification, 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
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 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
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. Property Damage Liability Insurance in an amount not less than
$200,000 .00 . The City and its officers and employees, shall be
named as additional insureds on any such policies of insurance,
which shall also contain a provision that the insurance afforded
thereby to the City, its officers and employees, shall be primary
insurance to the full limits of liability of the policy and that
if the City, or its officers and employees, have other insurance
against a loss covered by such policy, such other insurance shall
be excess insurance only.
19 . HOLD HARMLESS . The Contractor will save, keep, and hold
harmless the City and all officers, employees, and agents thereof
from all damages, costs, or expenses, in law or in equity, that may
at any time arise or be set up because of personal injury or damage
to property 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
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
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 Section 1815 of the Labor Code of the
State of California, work performed by employees of contractors 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 California, all the
provisions whereof are deemed to be incorporated herein , the
Contractor shall forfeit, as a penalty to the City, twenty-five
dollars ($25 .00 ) for each laborer, worker, or mechanic employed in
the execution of this Contract by Contractor, or by any
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 of said
Sections of the Labor Code.
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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
. . employed 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
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
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
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 within ten (10 ) days after receipt of a written request.
Dann R
(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, 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 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.
(h) 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.
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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
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 affected; provided,
however, that the approval as established by the joint
apprenticeship committee or committees shall be subject to the
approval of the Administrator of Apprenticeship. The joint
apprenticeship or committees, subsequent to approving the subject
contractor or subcontractor, shall arrange for the dispatch of
apprentices to the Contractor or subcontractor in order to comply
with this section. There shall be an affirmative duty upon the
joint apprenticeship committee or committees administering the
apprenticeship standards of the craft or trade in the area of the
site of the public work to ensure equal employment and affirmative
action in apprenticeship for women and minorities. Contractors or
subcontractors shall not be required to submit individual
applications for approval to local joint apprenticeship committees
provided they are already covered by the local apprenticeship
standards . The ratio of apprentices to journeymen who shall be
employed in the craft or trade on the public work may be the ratio
stipulated in the apprenticeship standards under which the joint
apprenticeship committee operates but in no case shall the ratio be
less than one apprentice for each five journeymen, except as
otherwise provided in this section .
The Contractor or subcontractor, if he is covered by this
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.
"Apptenticeable 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 prescribed by the
Apprenticeship Council. The joint apprenticeship committee shall
have the discretion to grant a certificate, which shall be subject
to the approval of the Administrator of Apprenticeship, exempting a
contractor from the l-to-5 ratio set forth in this section when it
finds that any one of the following conditions are 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 of the life, safety, or property of fellow
employees of the public at large if the specific task to which the
apprentice
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 contract is awarded, or any
subcontractor under him, who, in performing any of the work, under
the contract, 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 contributing, 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 .
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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
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 Apprenticeship; and
(2) Forfeit as a • civilpenalty in the sum of fifty dollars
($50 .00 ) for each calendar day of noncompliance. Nothwithstanding
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
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
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
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
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 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.
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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. Not later than the first Tuesday of each calendar
month, the City will make partial payment to the Contractor on the
basis of a duly certified approval estimate of the work performed
and materials incorporated in the project, during the preceding
calendar month, by the Contractor, but the City will retain ten
percent (10%) of the amount of each of said estimates until the
expiration of thirty-five (35) days from the date of recording by
the City of notice of acceptance of completion of all work covered
by this Contract, if such notice be recorded within ten days after
the acceptance of completion of such Contract as evidenced by
resolution of its governing body; or, if such. notice be not so
recorded within ten days, until the expiration of ninety-five ( 95)
. days after the acceptance of completion of such work of improvement
as evidenced by resolution of its governing body, at which time and
not before, the City shall pay to the Contractor the whole of the
remaining ten percent (10% ) of said contract price so held back as
provided; said certificates to be furnished by and obtained from
the City' s representative shall, before the last Tuesday of each
month, deliver said certificates under 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 of
completion . In . event of the failure of the City' s representative
to furnish and deliver said certificates or any of them or in lieu
•
Page 13
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 entitle the Contractor
to the certificates.
The payment of progress payments by the City shall 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.
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 building, work, or equipment or any part thereof, or in ,
. 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.
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 Fifty and no/100 Dollars ($150 .00) for each and every
calendar day during which said work shall remain uncompleted beyond
such time for completion or unlawful extension thereof, which sum
shall be presumed to be the amount of damage thereby sustained by
the City. since it would be impracticable or extremely difficult to
fix the actual damage; and the amount of liquidated damages may be
deducted by the City from moneys due the Contractor hereunder, or
his assigns and successors at the time of completion, and his •
sureties shall be liable to the City any excess.
•
28 . ADDITIONAL PROVISIONS.
None
•
•
Page 15
GENERAL ACKNOWLEDGMENT NO.201
State of iwlt *�+ On this the 1 day of �+�^� ` 19$!,before me, \l
\ J
\ C ly ISS. � o1+h m• �och-tc v
ES County of
kil
O the undersigned Notary Public,personally appeared
6 \
ail.S� •�� •� ❑ personally known to me ti
`�*�•� " OFFICIAL SEAL � x \
s JOHN M. RODRIGUES t Y`proved to me on the basis of satisfactory evidence \
•
s ..i •7 . NOTARY PUBLIC—CALIFORNIA , to be the person(s)whose name(s) 5 subscribed to the
\ '- SANTA CLARA COUNTY ; within instrument,and acknowledged that �LO executed it.
i My Commission Expires Mat.22,1988 > \
WITNESS my hand and official seal.
oNotary's Signature 1
"-re,'"-re,' .--1 � N..74e . S
_.._.__ uATn,JeI NnTARV A2SlMIIATInM.211112 Vnnm.a Skin •PO.Rnx 4625•Woodland Wis.CA 91364
P.O . No .
•
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
CITY OF CUPERTINO
Approved as to form 41111irr,.n��h
6a17.64111,
City A ".r e " City lerk: Pr
-'a-- 7 fr
Date/City Clerk:
I g'., as
•
CiTTRACTOR:
S � if .414-4-
A �A
Notary acknowledgement required. e�4�/
If a corporation, corporate seal
and corporate notary
acknowledgement required .
Project Name and Number: Pavement Restoration, Project 85-102
Contractors Name : Alfred N. Galedrige
Contract Amount: Ninety-Eight Thousand Seven Hundred Seventy-Eight
and 16/100 Dollars ($98 ,778 .16 )
Contract Account Number: 120-85102-953 .000
Y
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