88-036 Pacific Underground Construction, Inc., Water Main Replacement, Project No. 88-109/' I '> '
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CONTRACT FOR PUBL1C WOR~S
CONTRACT 'made on June 30, 1988 by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and PACIFIC UNDERGROUND CONSTRUCTION, INC.
,hereinafter called the CONTRACTOR.
IT IS HEREBY AGREED by the parties as followsl
• '1. THE CONTRACT DOCUMENTS. The complete contract consis,ts of the
following contract documentsl
A. Plans and Specifications for 1987-1988 MISCELLANEOUS WATER MAIN
REPLACEMENT PROJECT, PROJECT 88~109,
, B. Faithful Perfo.rmance Bo'nd, Labor and Mater.ials Bond,
Insurance Cer,tificate,
C. This contr~ct
D. Bid p.roposal 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 refer,red to as the Contract Documents. 1n
'case of conflict between the Plans and the specifications on the one hand, and this Contract on the other, the Plans and
Specification. 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
worlcmanlike manner, the work of WATER MAIN REPLACEMENT
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,
1987-1988 MISCELLANEOUS WATER MAIN REPLACEMENT PROJECT,
PROJECT 88-109
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and which plans and Specifications are id~ntified by the signatures
of the parties to this Contract. It is understood and agreed that
s·aid 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 sale direction of the Contractor, but
subject to tire· inspection and a9proval of the ci ty, or its
representat.ive. l'he 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: TWO HUNDRED THIRTY-THREE THOUSAND TEN AND 00/100 DOLLARS
($233,010.00)
subject to addi tions and deductions as provided in the Con tract
Documents, per Exhibit "An attached hereto.
4. DISPUTES PERTAINING TO pAYMENT P'OR 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,
eec., 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 insoection
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 ~ork require any alterations,
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de'viations, additions or omissions from the Specification~ 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 t.hel:eof will be added to, or deducted .from, the
amount of the contract price, as the case may be, by II fair and
reasonable valuation, which valuation shall be determined either by
reference to the unit prices, if applicable, or in accorda,nce with
the agreement of the parties, or in accordance with the rules of
the American Arbi t,ration Association if the parties are unable to
1113 ree. No ext ra work shall be performed or' change be made except
by a written order from the City, duly authorized by resolution of
its governing body, and by all agencies whose approval is required
by law, stating that the extra work or change is authorized, and no
claim f-or an, addition to the contract sum shall be valid unless so
ordered;
9. CHANGES TO MEET ENVIRONMEN'rAL 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
wi th environmental requi rements 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 app1icablec' or in accordance with the
ag"reement of tile parties, or ,in accordance with the rules of the
American Arbitration Association if the parties are unable to
a1Jree. . '
10. TIME FOR COMPLETION. All work under this Contract shall be
completed I '
WITHIN FORTY-EIGHT (48) WORKING DAYS AFTER NOTICE TO PROCEED
If the Contractor shall be delayed in the work by the acts 01"'
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 casua1,ties 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.
Th'is 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 ,'ESTING 'OF' MATERIALS. The con tractor shall
notify the City a sufficient time in ~dvance of the manufacture or
\,r.oduction of materials to be supplied by him u·nder this Contract,
1n order that the City may arrange fo·r 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
th.e benefit of. his creditors, or if a receiver should be appointed
on account of his insolvency, or if hc 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
intent~on to terminate the Contract, and unless within ten days
after serving of su.ch 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
!ork and necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount wh'ich the City may
retain under Paragraph 21 of this contract until the final,
completion and acceptance of alr work covered by the Contract, the
City may Withhold from payment'to the Contractor such an amount or
amounts as in its jud~ent 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 Co~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.priorjudicial determination of the claim or
claima. 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 sectidn 459D of the calitornia
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 unleu served in
"the following mannerl (al if the notice is given to the City
either by personal delivery thereof to the city Manager of the
City, or by depositin9 the same in the united states mails,
en~losed in a sealed envelope, addressed to the City, postage
prepaid and certified, (bl 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 depositin9 the same in the United States mails,
enclosed in "a sealed envelope, "addressed to said Contractor atl
P.O. BOX 2185
SARATOGA, CA 95070
postage prepaid and certified I and (cl if the notice is given to
the surety or any either person", either by personal delivery to such
surety or other person, or by depositin9 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 9iving the notice,
postage prepaid and certified.
15. ASSIGNMENT OE' CONTRACT. Neither
thereof, nor moneys due or to become
assigned by the Contractor wi thout" the
the City.
the Contract, nor any part
due thereunder, may be
prior written approval of.
16. "COMPLIANCE WITH SPECU'ICA'rIONS OF MATERIAI.S. 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
tne "City agrees in writing to some other .material, process or
article offered by Contractor which is equal i.n all respects to the
one specified.
17. CONTRACT SECURITY. The Contractor shall furnish a surety
bond in an alllount .at least equal to one hundred percen"t (lOOt! 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 (l00\l 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 labo~ 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 teasonable attorney's
fee, to be fixed'by the court in case suit is brought upon the bond.
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,18. INSURANCE. 'rhe Contractor shall not commence work under
this Contract until he has obtained all insurance requi,ed by the
Ci ty, nor shall the Contractor allow any subcontractor to commence
work on his subcontract. until all similar insurance required of the
subcontractor has been so obtained and approved. The Contractor
shall furnish the City with satisfactory proof of the carriaqe of insurance .required, and, there shall be a specific contractual
liability endorsement extendinq the Contractor's coveraqe to
include the con'tractual liability assumed by the Contractor
pursuant to this Contract and particularly paraqraph 19 hereof.
Any policy of insurance requi red of the Contractor under, this
Contract shall also contain an endorsement providinq that thirty
(301 days' notice must be qiven in writinq to the City of any
pendinq chanqe ,in the limits of liability or of any cancellation or
modifi~ation of the policy.
(al 'WORKER'S COMPENSATIOH INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The, Contractor shall take ,ut and maintain durinq the
life of this Contract Worker's Compensation Insurance and
Employer I S Liability Insurance for all of his employees employed
at the lite of the'pr,oject and,in case any w,orle i3 sublet, the
Contractor shall reqUire the subcontractor similarly to provide
Worker's Compensation Insurance and Employer'S Liability
Insurance for all of the latter" s employees unless such employees
are covered by the protection afforded by the Contractor.
In '1Ii9nin9 this Contract the Contr.actor makes the followin'1
certification, required by Section .1861 of the Labor Codel .
"lam aware of the provisions of Section 3700 of the Labor Code
which reqUire every employer to be insured aqainst 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 commencin9the performance of the
worle of this contract.·-
(b) LIABILITY INSURANCE. The Contractor shall take out and
maintain durinq the life of this Contract such, Bodily Injury
Liability and Property Damage ,Liability Insurance as shall
protect him and any subcontractor performinq work covered by this
contract from claims for property, damaqe, includinq third-party
property damaqe, t!) include covera'1e on property in the care,
cust.ody and control of the Contractor, and also excludinq what
are cOllllllOnly lenown as the "X, C, and U· exclusions (havinq to do'
with blastinq, collapse, and underqround 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, includinq accidental death, to anY,one
person, . and subje<;t 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
$250.000.00. The Ci,ty and its off·ieers and employ'.'!es, shall be
named as'additiona1 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 pollcy and that
if the CitYi or its officers and employees, hav6 other insurance
against a loss covered by such policy, such other insurance shall
be excess insurance only.
19. HOLD akRMLESS. 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 per:sonal 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
p'er"on' or persons, firm or corporation in consequence of the use
in, on,' or about said w,ork, of any article or material lIupplied or
installed under this Contract. Not",lthstanding the above, the
Contractor s'hall 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. aOURS OF WORK. Eight hours of labor during any one calendar
,day and forty hours of labor during anyone calendar week shall
consti tute 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
subeontractor or 'subcontractors under this Contrac!:, upon the work
or upon any part of the work contemplated by this Contract, shall
bEa-required or permitted to work thereon more !:han eight hours
during anyone calendar day and forty hours during anyone calendar
week, except, as provided by Section 1815 of the t.abor Code of the
state of California, 'work performed by employees of contractors in
eXcess of eight hours per day and forty hours during anyone wBek
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 exoressly
stipulal:ed that for each and every violation of Sections 1a1i-la1S.
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 execul:.ion of ·this Contract by,.. Contractor, or by any
subcontractor under this Contract, f,or each calendar day durin9
which laid laborer, worker, or mechanic is required or permitted, to
work mete,l:han eight hours 1n anyone calendar'day and forty hours
in anyone calendar week in violation of the provisions of said
_ Sections of the tabor Code.
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The Cont.ract.or, and each sub eon t.ract.or, shall keep an acCUrate
r:ecord showin9 t.he names of and act.ual hours worked each calendar
tay and each calendar week by all laborers, workmen, and mechanics
~ployed by him 'in connection wit.h t.he work cont.emplat.ed by this
Cont.ract, which reco;d . shall be open at. all reasonable hours t.o t:hE!
inspection of t.he cit.y of it.s officers or agent.s and to t.he
Division of Labor Law Enforcement. of t.he Department. of Indust:rial
ae~at.ions of t:he St.at:e of California.
21,' NAG:!, RATES. pursuan t. t:o t.he Labor Code of t.he, St.ate of
California, or local law t.heret:o applicable, t.he city has Ucert:ained t.he general prevailing rate of per diem wages and rat.es,
for holidays and overtime in t.he localit.y in which t:his work is t.o
~ pereormed, for each craft., classificat.ion, or t.ype of laborer,
"",rklllan, or mechanic n,eeded t.o execut.e t.his Con,tract:. The
prevailin9 wages 110 det.ermined are lIet. forth in th,e Specifications
and made a part hereof. Neit.her t.he not.ice inviting bids nor thill
Cont.ract IIhall constit.ute a represent.at.ion of' fact as t.o the
prevailing wage ratell upon which the Cont.ractor or any '-,
subcontractor under him may baae any claim against the,City.
1776. la) Each Con t.racto r and sUbcontract.or shall keep an
accurat.e payroll record, showin9 the name, address, social securit.y
number, work claaaification, atrai9ht time and overtime hours
worked each day and week, and the actual per diem wagea paid t.o
each journeyman, apprentice, worker, or other amployee employed by.
him or her connection with t.he public work.
Ib l The
cerUfied
hours at
basis I
payroll records enumerat.ed
and shall be available for
the principal office of
under subdivis-ion II.) shall be
inapection at: .1.11 reasonable
t.he Contract.or on the follow1n9
(1) A cert.ified copy of an amployee I,S payroll record shall be
made available for inspection or furnished to such employee or
hill or her aut.horized representative on request.
121 A cert.ified copy of all payroll records enumerated in
subdi1illion (aI' shall' be made available for inspect.ion or
.furnisbed upon. requellt to a representative of the body awarding
t.he contract., the Division of Labor St.andards Jl!nforcement. and
t.h.-Divillion of Apprenticeship St.andards of t.he Department. of
Indust.rial Ilelations.
131 A ce'rtlUed copy of all payroll records enumerated in
subdivision (al shall be made available ,upon .request t.o the
publici for inapect.ion or copies thereof mad.e, provid.ed,
hell.val:, t.hat a request by the public shall be mad,e thrO\l9h
either' t.he body awardin9 t:'he' contract.. t.he Oivision of
Apprenticeship St.andards, or t:he Division of Labor St.andards
l!l9fo~cement. The public shall not. be given access to such
recorda at. t.he principal office of t.he Con t. rae t.o r •
I c I Each Con t.r ac t6 r 's hall file
enumeratad in subdivision lal with
recordll wit.hin t.en (10) days aft.er
a cert.ified copy of t.he records
the ent.ity. that.' requested such
receipt. of a written request..
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(d) lUIy' 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 pr,event 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 obl~terated.
(al The Contractor shall inform the body awarding the contract of
tha location of the racord. enumerated under subdivi.ion (a),
including the street adqress, city and county and Shall, within
five working days, provide a notice of a change of location and
addre ....
(fl In the event of noncompliance with the requirements of this section, the Con,tractor shall have t<!!n (101 days in which to comply
sub.equent to receipt of written notice specifying' in what respects
such Con tractor mu. t ' , comp ly wi th th1s aection. should
noncompliance still be evident aft<!!r such ten (101 day period, the
Contractor .hall, ,al a penalty to the Itate of political
subdivision on whoae behalf the contract is made or awarded,
fOrfeit twenty-five dollarl ($25.00) for each calendar day or
portion thereof, for each 'worker, until strict compliance ill
effectuated. upon t"he request of the Division of Apprenticeship
Standards or the Division of Labor Standards Bnforcement, 'such
penalties shall be withheld from progress payments then due.
(g) The body awarding the contract, shall cause to be inserted in
the contract stipulatione to effectuate this section. Such
stipulationl' shall fix the responsibility for cOIllp'liance with this
section on the prime contiactor"
lhl The director shall adopt rules consistent with the California
public Records Act, (Ch: 3.5 (commencing with Section 62501 of Div.
7; Title 1. Gov. Ch. I and the Information practices Act of 1977,
(Title 1.8 (commencing with Sec. 1798) pt. ", Div. 3, Civ. C.)
governing the release of such records, including the establishment
of rea.onable fees to be charged fer reproducing copies of r<!!cords
required by this .ection. (Added by stats. 1978, Ch. 12"91.
1775.5 Nothing in this chapter shall prevent the employment of
properly registered apprentices upon public work.
Every such apprentice shall "be paid the
apprentices undar the regulations of the crait
is employed, and shall be employed only at the
trade to which he is registered. , .
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standard wage paid' to
or trade at which he
work of the craft or
.'
only apprenHces, as defined in section 3077 i who are in training
under apprenticesbip s,tandards and written apprentice aqreements
under Chapter " (colllUlen':inq wi th Section 3070 " Division 3, of the Labor Code, are 'eliqible to be employed on public works. The
employment and traininq, 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 ta whom the contract is awarded by the state
or any poli Hcal subdivision, or any subcontractor under him., in
performinq 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 ap,pranticeehip 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, traininq of
apprenticeships ,in the area or industry aHeoted, provided,
however, that the approval as . estabUshed 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 arranqe 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 apprenticesbip committee or committees administerinq the
apprenticeship standards of the craft or trade in tbe 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 apprenticesbip committees
provided they are already covered by the local apprenticeship
st~ndards. The ratio' of apprentices to journeymen who shall be
employed in tbe craft or trade on the public work lIIay be tbe ratio
~ipulated 'in the apprenticeship standards under Which the joint
apprenticeship committee operates but in no case shall ~pe ratio be
leu than one apprentice for each five jou'rney'IDen, except as
otherwise provided in this~ection.
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
tpe number'of apprentices or the ratio of apprentices to journeymen'
stipulate<!' in the apprentIceship standards. Upon proper showing by'
,the Contractor tbat h. emplO{Sapprentices in sucb craft or trade
in tbe state on all of tb a contract on an annual averaye of not
less than, one apprentice to each five journeymen, tbe 0 vision of
Appren!:lceshLp Standards may grant a certificate exemptinq t:.he
Contraceor for I:he l-tb-5ratio as set forth in this section. This
.ection ih.all not apply to .contracts of qeneral conl:ractors
in'lolving less than thirty I:hoUsand l$lO,OOO.OOI or I:wenty (20)
.working days or to contracts of specialty contractors not b1ddinq ; " fer work through a general or prime contractor, involving less than
two thou4and dollars 1$2,000.00) or fewer than fiv'e IS) workinq days.
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"Appreneiceable craft or trade," as used in this section, shall
mean a craft or trade deeermined as an apprenticeable occupation in
accordance with rules and requlations 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' trom tlie l-to-5 ratio set torth in this aection when it
fin,ds t,hat anyone ot the tollowing conditions are lIIetl
(a) In the event unemployment for the previous three month period
in such ar,a exceeds an average ot 15 percent, or
(b) In the event the number of apprentices in training in such
area ext;;eeds a ratio of l-to-5, or
Ic) If there is a showing that the apprenticeable craft or trade
is replacinq at least one-thirtieth ot its journeymen annually
through apprenticeship training, either (1) on a statewide basis,
or (2) on a local basis. " , '-,
Ie!) If assignment of an apprentice to any worjc performed under a
public works contract would create a condition which would
jeopardize his life or the life, safety, or property ot fellow
emp.loyees of the, public' at large if the specific task to w,hich the
apprentice
When such exemptions are granted to an organization which'
represents contrac:tors in a specific: trade from the 1 to 5 ratio on
a local ,or statewide basis the member contrac:tors will not be
required, to submit individual applications for approval to local
joint apprenticeship committees, provided they are already covered
by the local apprentic .. ship standard a •
Ii. contractor to whom the contract is awarded, or any
SUbcontractor under him, who, in performing any of the work, under
t~e ,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 apprentideship program
in any, such craft or trade in the area of the sits of the public
work, to wbich 'fund or funds other contractors in the area of the
iite 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 ehe
same basis and in the same manner as the other coneractors do, bue
where the trust fund adminiserators' are unable eo accept such
funds, contractors not signatory to the trust agreement shall pay a
like amount to the California Apprenticeship Council. The c:ontractqr ,or SUbcontractor may add the amount of such
c:ontributions in computing his bid, for the contract. The Division
of r;abo~' St.andards Enforcement is authorhed eo enforce the payment
of','l1cll,"~dl'ltdbutions to tbe fund or funds as set farth in Sec:Hon 221. '" ' ,,:' -...
Page 11
· . !
The body awarding the contract shall cause to be inserted in the
cont.ract. st.ipulations to effect.uat.e t.his sect.ion. Such
st.ipulat.ions shall fix the responsibility of compliance wit.h this
section for ,all apprent.iceable occupations wit.h t.he pdme
cont.ractor.
All decisions of ,the joint apprenticeship commit.t.ee under this
section are subject. to the pr~visions of section jOel., (Amended by
Stats. 1970, Ch. 1179)
1777.6 It shall be unlawful for an employer of a labor union to
refuse t.o accept otherwise qualified employees as' registered
apprent.i'ces on any public works, on the ground of the race,
religious creed, color, national origin, ancestry, sex, or age,
except i!lS provided in Section, 3077, of such employee. (Amended by
Sti!lt. 1976, ch. 11791
1777.7 tal In t.he event a cont.ractor willfully fails to comply
wit.h t.he provisions of Section 1777.5, such cont.ractor IIhallr
(1) Be denied the right to bid on any public
perio~ of one year from t.he date t.he
noncomp1ii!lnce is made by the Administrator of
works contract for a
determination of
Apprent.iceshiPI and
(2) 'Forfeit as a civil penalt.y in the sum of fift.y dollars
($50.001 for each calendar day of noncompliance. Not.hwit.hstanding
the provision! of Section 1727, upon receipt of such a
determination the awarding body shall withhold from contract.
progress payments t.hen due or t.o become due such sum.
(b) Any 'such determination shall be issued aft.er i!I full
investigat.ion, a fair and impartial hei!lring, and reasonable ,notice
thereof in accordance with reasonable rules and procedures
p;escribed by the california Apprenticeship COUncil.
_ (cl Any funds withheld by the i!lwarding body pursuant t.o this
iection ahall ,be deposited in the general fund if the awarding body
is a sta~e entit.y, or in t.he equivalent fund of an awarding body if
such awa±~lng body is an entity other than ~he .cace.
Th~ lnl:erpretation and
shall be' in accordance
california Apprenticeship
1249)
enforcement of Sections 1777.S and 1777.7
with ~he rules and procedures of the
council. (Amended by stats. 1978, Ch.
It shall be mandatory upon the Contractor, and upon any
subcontractor un~er him, to pay not less than the said specified
rates to all laborers, workme~, and mechanics employed in the
execution of the Contract. It. is further expresa1y stipUlated that the,Con~ractor shall, as a penalty to the City, forfeit twenty-five dollat~ '($lS.OO) for each calendar day. or portion ~hereof, for
,::;: IiAch 1.i!.boteq workman, or mechanic paid less ~han the sHpulated ~\u;~.1"eVUHng rates for any work done under this Contract by him or by
, . ::(;~', any ; j~bt:on tractor under .... ork done under this can tract by him or by
"',,:;, 411y subcontractor under himl i!lnd Contractor agrees 1:0 comply with
"':," All provisions of SeC"t,ion 1775 of the Labor Code.
Page 12
· ' l
In ,case it becomes necessary for the Contractor or any
subcontractor to employ on the project under this contract, any
person in a trade O.r occupation (except executives, supervisory,
administrative, clerical, or other nan-manual workers as BUch) for
.... hich nO minimum ..... age rate is herein specif,ied, the Contractor
shall immediately notify the City, .... ho will promp.tly thereafter
determine the prevailing rate for such additional trade or
occupation and shall furnish the Contractor .... ith the minimum rate
based thereon. The minimum r'ate thus furnished shall be applicable
as a minimum for Such trade or occupation from the time of the
in i tial employment of the person affected and during the
continua:nce 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 la .... s, building and
construction codes shall be ob served. Machinery, .equi pmen t, and
other hazards shall be guarded, or eliminated in accordance with the
safety provisions of the. Construction Safety Orders issued by the
!ndu~trial Accident comrilission of the State of California.
23~ PA~MENT. Payment will be made in accordance with the attached payment
schedule. The ci ty will make partial payment to the Con tractor on the
basis of II. 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 unti.l the
expiration of thirty-five (5) 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 Contr'act ,as evidenced by ,
resolution of its governing bodY1 or, if such nbtice be not so
recorded within ten days, unti'l 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 Co~tractor the whole of the
remaining ten percent (lOt' of said contract price so held back as
provided, said certificates to be furn'ish'ed by and obtained from
the Ci ty' s .representa tive shall, before the last Tuesday of each
month, deliver said certificates under hand to the City, or in l.ieu
of auch 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 defec.ts, 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
Fag e 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 wr.iting shall entitle the Contractor
to the certificates. The payment of progress. payments by the City shall not be
oonstrued· as an al:lI,o'lute acceptance ·of the work done up to the time
of such payments,· but the entire work is to be subjected to the
inspection and app~ova1 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 pub1io utilities, if
any, 100ated on the site of construction, but only if such public
utilities are not identified by the city in the Plana and
Specifioations made a part of the invitation for bids. The City
shall oompensate the Contractor for costs. incurred in relocating or
repairinq damage to utility facilities not indioated in the Plans
and Specifioations, other than service laterals when the presence
of such utilities on the construction site can be inferred from the
presence of such viBib1e facilities as buildings, and metera and
junction boxes 01), 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 oaused by the f!lilure of the City, or
other public utility, to provide for the relllOval or relocation of
the existing utility facilities. .If the Contractor while
performing the Co,ntract di.scovers utility facilities not identified
by the City in the Contract plans and Specifications, the service
laterals as hereinabove described, he Shall immediately notify the
Ci ty in wri ting.
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 oaus.d by an Act of God. "Acts of God-shall include only the
following occurrences or conditions and effectBl earthquakes and
tidal waves, when .such occurrences or conditions and effects have
been proolaimed a disaster or state of emergenoy by the Governor of
the State of california or by the President of the United States,
or were of a magnitude at the si te of the work sufficient to have
oaused a proclamation of disaster or. state of emer.gency having
occurred in a populated area. Subject to the foregoing, the City
shall ,,"ot,', in any -",ay or manner, be answerable. or suffer 1.OllS,
damage, expense or liability for any loss or damage that may bappen
to said building, work, or equipment or any part,thereof, or in,
Page 14
c
on, or about. t.he same dur ing i t.e ,construction and
accept.ance.
before'
26. ,CONTRACTOR'S GUARANTEE. The ContractoF .unqualifiedly
guarantees t.'he first.-c1ass quality of all workmanship and of all
mat.eria1s, apparat.us, and, equipment used or inst.alled by him or by any subcontract.or of supplier hi the project. which is .t.he subject.
of t.his Cont.ract, unless a lesser qualit.y is expressly authori:zed
in t.he plans and Speci Hcations, in which 'event the Contractor
unqualifiedly guarantees sU,ch 1eS.!ler qualitY! and that the work as
performed by t.he Contractor will conform wit.h the plans and
Specifications or any written authorized deviations therefrom. In case ·of any defect. in work, materials, apparat.us or equipment,
whether latent or patent, revealed to the Cit.y within one. (ll year
of the~ate 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 Contracto'r fails to complete, wi thin the time
fixed for such completion, the work hereinbefore mentioned and
described and hereby contracted to be done and performed, he shsl1
,become liable to the City for liquidated damages in the sum of
ONE HUNDRED FIFTY AND OO/lOO-DOLLARS ($150.00)
for each and every working day during which said work shall remain
uncompleted beyond suchtillle fO,r completion or unlawful, extension
thereof, wh,ich 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 hereunde~, or his assigns and successors at the time of
completion, and. his sureties shall be liable to the City any exces ••
""28. -ADDITIONAL PROVISIONS.
None
Page 15
'.
CORPORATE ACKNOWLEDGMENT
Shiteof California
County of _San_ta __ Cl_ar_a ___ } 5S.
10FFZCIAL SEAIl ~ r/wI:>(!)I:>(!)IIlClIllCl/w~~I:>(!)I:>(!)~
. .--JOHN F. BERGER ~ '" e NOT!>.RY PUBLIC -CALIfORNIA l'l i . '. SANTA CLARA COUNTY ~
g 'My Commission expires Mar. 26, 1991 2
.(;l<.:1Gf!JGf!JGf!JG>:iGf!JGf!JGNi6w!"""'(J:)(,w&NJG>!>r.
NO.2<J2
On this the 20th day of _--.:J:.:tIn=e=--_____ 19 88 , before me,
John F, Berger
----.... ---------------
the undersigned Notary Public, personally appeared
'!bad J. Corbett
[X personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
Vice-President or on behalf of the corporation therein
named, and aCkno)fl1Ji?dged. to ~ that the corporation executed II.
WITNESS my h;06/and offi~seal.
:-.A~ ~ _
P.O. No.
IN WITNESS WHEREOF, the parties have executed this Contract, 1n
duplicate, the day and year first heroinabo.ve written.
Approved
city Attorney
, .
Notary acknowled~ent required. I! a corporation, corporate aeal
and corporat.·notary .
ac:knowlea~eDt required.
CITY OP CUPERTINO
Ci ty Cleda
CONTRACTOR 1
Byt
Project. Name and Number I. 1987-1988 MISCE~LANEOUS WATER MAIN REPLACEMENT,
PROJECT, PROJECT 88-109
Contractor. Name t PACIFIC UNDERGROUND CONSTRUCTION, INC.
·P.O. Box 2185, SARATOGA, CA 95070
CODtnc,!; i.D!~untl TWO RUNbRED THIRTY THREE THOUSAND TEN AND 00/100 DOLLARS
($233,010.00)
CODUal:lt.· Account:. Numbert-610-7001-953
page 16
".
PROPOSAL
1981-1988 MISCELLANEOUS WA~~ ~AIN
!l::PLACEMENT PROJECT, PROJECT a8-109
U, n der~roc\,
b,-t A
TO: rna Di=ector of Public Works. City of Cuper~ino, State of California:
Dear Sir:
In compliance wi,h the Plans and Specifica,ions furnished for the 1981-88 ~~s
cellaneous water Main Replacement Projec" Project 88-109, I, the undersigned,
hereby declare that 1 have read the proposal requirements and hereby propose
to do all work required to complete the said work in accordance with the P!ans
and Specifications for the amount sec forth herein on che incorporated
schedule.
The vork involved shall include. but not be limited to: install 6" and a"
vacer mains, house wate4 services, abandon existing water mains, install fire
hydrants including all necessary appurtenances.
A hid bond in the amount of 10% is required. hoard shall he to the lowest
~ualified bidder; however. the City Council reserves the right to reject any
or all bids.
4'" .. ,1
PROPOSAL "PAGE 1 of 7
,"
.' !
BID EST. Q'I'l'.
In.>! WI!' DESClUJ?'l.'IOH WIT PRICZ ~SIOH "V
-oG 1 2145 LJ: 6" D.I.P. Water Main. ____ _ $ '?'? ILF $ 7076'5 -i
2 3293 LF
3 2 Eo'>.
4 2EA
5 31 EA
6 44 EA
8
"f""rlliZ."'l"'{ .-nttz:~ \::0 w..A£2..">
Dollars/Ll!
an D .. !.?~ Wat:er
Dollarsl,LF
Fire Hydrant Assembly ___ _
'::(i.lJeJri ~ 8J,) . .:'l:1il.@ Da.l...All-.,
Dollars/EA ..
$ Z:SCO ~ EA $ 4-&co c;? ,
Remove E:dsl:ing Ere Hydrant and $ Z5b~EA.$ 5'oCJ.9$
Bury
-i\.. A?H .J!-J Qv.J;:.'Q-J./J 17 ~ Fri l7t:UA'Z-"'S
Dollars/EA
Waur Service (Long Side) __ _
Dollars/EA
Water Service (Short: Side) __ £:!. ...,. $.~ lEA $ 1.-->, ZOO
'1J.:l!1.1fE t.t LlI.)p~v 'D::J:.tA1Z.?
Dollars/EA
Abandon E::ds'ting Water Main_' _
-ca~ +IOI-.JOIZe'Q ~
Dollars/LS .
. Connec'tion to Existing Water
Main .
NliJ/;f I=!!QV?W'V Y<) t..l.J¥4<;.
Dollars/LS
O'Q ail
9 1 EA Remove Exisdng Blow Off Assembly $ Z5D lEA $ zSt -
and Connect 1:0 Existing Water Main
. -ruJo4,IJ~ h-iO Apt{ vol..!.M..<;,.
Dollars/EA
-.. ~. .'
-. ,,' .' ;'" . ',:" . , .. ' -,' , -. , ,,-., " " .
10 30 EA R~cve ~~is:ing Meter Boxes and
Replace wi th He· ... !?<' .. ;rt1'( i=O..:>TL-::"Oo:--~-<-I..A----=--=><'''''.,,---
Doltars/ EA
TOTAL BID AMOUNT $ "Z:?? 0 !O-
Iwa ;.(Wuve;;:;:? ~O 1iIilllYT!-If2G:E1HJUSAJJD A,JOifE:JJ % 1A.::u.AIZ:5
TOTAL BIn A.'!OUNT IN WORDS .
. " .. '" ..
PROPOSAL ~AGE j of 7
. "'~'. -: . .' , ..... "':"'~" "","
-1', :~e undersir-ed, agree tha.e i.E this proposal is ac.c.er!l:ed., t ·,.,i11 e::.ee::-i!::~
a CQnc~sc: '--ith the City of Cupe::-:i:lO' eo provide all necessary t:Achi:le::7J t{lolst
a?pa=,c~s, and oeher ~eans ot conseruc=!cn and do all e~e vo~k speci!!ed in c~e
contrac: in t~e ma~er and ci:e speciiied.
I, t:~e u~de=s~gned declare t~a~~:~is bid is cade ~it~out: connec:!on Yie~ any
person. fi=: ot" ccr:PQra t.ion, maki::lg a bid for t~a same *:Iork,. and is 1::1 all
respeccs fair and ~ic~ouc collusion or fraud.
I, e~~ c~ee=sig~edt recognize thac t.he,Oireccor of ?~olic Works of the Cicy of
Cupe::o,::'::o ~ .. i.ll r2Sar--.re che r:'~ht. co establish the prio:;:'c:, of Ol.'!.e JOO over
4n-Ocne:r and eac~ sea='::'~g dace ;.rhere conflict -or c::n::.se'!'t.:c:iotl scheci.ule,s oc.:''..l!'.
Ac~ac~ed here co is c~e re~uired carcified check or bid bond i~ che a:ou~c of
~ -;i?/dh-C'.; 2P.vn , as reGuired by l.s.\t at:.d ::;~e Noc:'c.e
(lOX of hid ~ounc)
co ilidc!ers.
/
,. >0. "
'f
"
Prc:rposal Pag"" of 7
~ .. ,
I~ furc~er co~pl!a~ce ~ich t~e specifications furnished. t~a undersig~ed,
subcl~s the' folloving statement.S as to hi"s e:<tlerienc.e and to his auali:ica.::iotls
as' a. pa.r': of this proposal, a.n.d \ the t:"",J~hiulr .. ~s.s a.nd ac.::t:.:-st:1cy of ·t:~ .. e infor::a-
cion is he:eby guarAnce~d.
(1) Roy zany years "has your organi%acion been in business
und2rics I'resen~ name? .::;::-:;-)(".
(2)' Eo~ ~ny years ex?e:ien~e in vor~ comparable ~i~h Chae
required unde= t~2 proposed eont=ae= has jour org4niz~ei~n
ha,d . by this or any 0 che::-n.;.:.e? 15y~:::..
0) Conera~torJ s License No. W:;J?Y' )9 • Seate of California.
Class ifica~:!.on __ £:.42..-_______ _
(4) Lise ~ork similar in chara~:.r to cha~ re~uired in the
proposed contract ~hich your orgauiza~ion or personnel in
your orgauizacion, has complet:ed yithin the past 3 years.
Class, Location of Work and for ~no~ Pe~fo~ed
PROPOSAL PAGE 5, or 7
..... "
.,~" ,"' .',,: .'.'-
-----,--'---
.' Na:a 0: ?=o~ose~ Sub-c:cc=ac:ors. ~~ any
(SeC:~on 4104, Gaver~en= Codel
l. J/4
1.
3_
4.
S.
6.
Add=ess if Shop or otfice
(Secc~on -104, Gove=~enc
of Sub-conc~accors
Code)
1. _____ ~.H,7/~~A=, ___________ _
2 _________ ~-------------------------------------------
3 ___________________ ~----------------------------------------
4 _________________________________________________________ _
5 ___ ~-----------------------------------------------
6 ___________________________________________________ _
Work co be Perio~ed by Sub-contraccors
(Seccion 4104, Government Code)
1-114
2.
3_
4 •
.5_
6_
PROPOSAL PAGE 6 OF 7· ..... .. .,
" ... :", : •. ~ ..... "" -.r":-• , • ': •• '. R
',' " '. '" ,.' . " ............. "
w .,' •
·~ ..
'I. I -. t 1::' ·lOU .!Jt! .t..'t !~{Dr.VrDU.Al.. SO S'!A!! ~ !'! ~'OU .. A:.£ A. :!.::C"! O,:~ C~-?~e...?~~;E:?_SEZ'? l S";:'Ar::::
!~:;: n:?~'! :l;~"!!: AND US1: I"f.E MA."!!:S OF .Ul. nID!t;~DUAL CO-?'3 .. 1::'nS COM?OS:CIG :::'::E
F!3..."i. 1': A. COE'ORA!'!ON) STATE LEG}..!.. S,P. ... ,,!::: or CORPOR...1~!;:'ON I • .\.150 I ~;'1-!:::5 OF ?U5!!)E:'lT,
£EC?..E!.\..!'.'!-T?..E..'.SUR:.""'R A.'1'D ~_WAGE:?. I"rlE CORPOR..',!! SE..u, MUS!: 3J:: AH!XE;:J.
Addendas Received:
2 3 4
Corpora:::.on
Joi:1t
Ot:ter
(Desc::::'be)
Name and Signature of Bidder:
Address (Boch mailing and locacion addresses):
. telephone Number:
5
PROPOSAL l? AGE "r:. OF 7
"I
-....... _.
... t
•
1988 CAPITAL IMPROVEMENT PAYMENT SCHEDULE
QUAi.'1TITIES CUT-OFF DATE CHECK RELEASE DATE
E"RIDAY j :00 P.M. FRIDAY
December 18 January 1
January 15 January 29
February 12 February 26
March 11 Merch 25
April 8 April 22
May 6 Mey 20
June 3 June 17
July 1 July 15
July 29 August 12
August, 26 September 9
September 23 October 7
October 21 November 4
November 18 December 2
Decetr.ber 16 December 30
.. -..... . . : . .... ",; .','
. " " ;,.' .:., ... .
.... ,.
'-'. " . " .. , ....
Curtis Day & Company
50 Fremont Street
San Francisco, CA 94105
THIS CERTIFICATE IS ISSUED AS A MATTER' OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY A
LOITER Northbrook Property & Casualty
~~~~----------------------------------~ COMPANY B INSURED LOITER
PACIFIC UNDERGROUND CONSTRUCTION,
P.O. Box 2185
Saratoga, CA 95070
BPP0606258
CA0606259
WC0606261
POLICY EFFECTIVE OATE (MMID[)!'{Y)
7/01/87
7/01/87
7/01/87
7/01/88
7/01/88
7/01/88
EN;" OCCURRENCE
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/AESTRlcnONS/SPECIAL ITEMS
RE: Water Main Replacement Project,
Contract Amount $233,010.00
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
1188-109, and ALL CALIFORNIA PROJECTS
[see attached additional insured endorsement]
PIRATION DATE THEREOF. THE ISSUING COMPANY WILL~
MAIL 10 DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT F~~~~~j(llI~
REPRESENTATIVE
POLICY NUMBER: . BPP0606258 COMMERCIAL GENERAL LIABILITY
t
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADOITIONALINSUREO -OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the followin!!,·"". ~
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: City of Cupertino and the County of Santa Clara
(If no entry appears above. information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule. but only with respect to liability arising out of "your work" for that insured by or for you.
The City of Cupertino and the County of Santa Clara are hereby added as additional
insureds with respect to the Water Main Replacement Project, #88-109.
CG 2010 1185 Copyright. Insurance 3iervices Office. Inc .. 1984 o
ACKNOWLEDGMENT BY SURETY
" • STATE OF CALIFORNIA
County of SAN FRANCISCO
on this 16TH day 01 ____ --'J!.JUN~E!L __________ __,.in the year
JANIS M. DUNIVIN Notary Public
1988 • before me
personally appeared _______________________________________ _
DAVID WEISE
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 as the Attorney-in-Fact and acknowledged to me that he Ishel subscribed the name of _________ _
FIDELITY AND DEPOSIT COMPANY OF MARYLAND theret" as Surety and his (her, own name 35 Attorney-in-Fact.
IN my hand and affixed my QfflGi.al Seal. at my off e in the afores~id County. the day and
r, year
Notary Public
CORPORATE ACKNOWLEDGMENT
State of California.
County of Santa Clara } $S.
NO. 202
On this the 16J::!!day of ____ Jun=e=-____ 1gf!8 ,before me,
Jolm F. Berger
the undersigned Notary Public, personally appeared
Thad J. Corbett
:g;) personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
Vi"ce-Presi dent or on behalf olthe corporation therein
named, and to me that the corporation executed it.
WITNESS I
( ;;
Bond # 30140108 Premium: $4495
FAl'I'HFUt. PE!!FOllMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
tHAT WE, PACIFIC UNDERGROUND CONSTRUCTION, INC.
as Principal and FIllELITY AND DEPOSIT ~OMPANY OF MAHYT,AND
as Sure:y are held and firmly bound unto tbe City of Cupertino, State of california,
in the sum of TWO HUNDRED THIRTY THREE: THOUSAND TEN AND 00/100 Dollars
($ 233,010.00 _) laMful money of the United Statas, for the payment
of whioh will and truly to be made, we bind ourselVes, our heirs, exeoutors,
suecessors and assigns, jointly and severally, firmly by these presents.
tHE CONDITION of the above obligation is euch that,
WHEREAS, the Principal has entered in:o a contract dated _________ _
with the Obligae
to do and peX'form the following work to-wit':
1987-1988 MISCELLANEOUS WATER MAIN REPLACEMENT PROJECT,
pROJECT 88-109.
NOW, THEREFORE, if the sa1d Principal shall well and truly perform the work
contracted to be pe~formed under sa1d contract, then this obligation shall be
void; Otherwise to ~$ma1n in full foroe and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 16TH day of JUNE 19~.
(to be signed by Principal
and Surety and acknawladgment.)
PACIFIC NC.
-
• FIDELITY AND DEPOSIT COMPAliY OF MARYLAND
Surety
By: \) Q"V \ cQ 4J-e \ flR
Attorney-in-Fact, DAVID WEISE
The above bond is aocetlted and approved this _--,day of _______ , 19_.
/
\
Bond # 30140108 Premium: included in performance
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTI
WHEREAS, the City of Cupertino, State of California, and
PACIFIC UNDERGROUND CONSTRUCTION. INC.
bond
RBCltlVGD
~~JN 1 719M
hereinafUr desigruloted as "Principal" have elltllred into or are about to enter
into a contract providing for the installation. construction, and erection by
Princ1pal of certain improvements more particularly described in said contract;
and incorporated herein by referenoe.
WKI.WS, said P,rinoipal i& nquired to furnieh II bond in connection with
said contract, providing that if seid Principal. or any of his or its sub-
contractors, shall fail to pay for any material •• provisions. provender or
other $upplic9 or taams ueed in, upon, for or about the performance of the work
contracted to be done. or for any work or labor done thareon of eny kind, the
Surety on said bond shall pay the sallie to the e~tent hereinafter set forth;
NOW. tHEREFORE. we, the Principal, $ld _' ____________ _
FIDELITY AND DEPOSIT COMPtu,Y OF MARYLAND
as Surety. fi~y b1nd ourselves, our executors, administrators, successors
and assigns, jointly snd ssv$rally. unto ths City of Cupertino, and any snd
all materialman. person&. Companies. or corporations furnishing matlr1als.
previsions. provender or otbar supplies used in, upon. for or abut the perfor-
manoe of the aforesaid work oontracted to be e~ecut.d or performed under the
contract hereinabovil mentioned. and incorporated herein by reference. and all
persons, companies or corporations lending or hiring tQamJh implements or
machinery, for or contributing to said work to be donA, and all persons who
perform work or labor upon the same. and all parsona who supply both work and
materials. whose claim has not bean paid bv PrinCipal or by any other person. :l.n the Just and full sum of _______________ -___ _
TWO HUNPRI:lD THIlITY -THREE THQUSAND :!:EN AND PO 11 00 1l0t.!.ARS
_______________ --" __ ($ 233.010,00 ).
THE CONDItION OF tHIS OBLIGATION IS SUCH THAt if sa:l.d Prineipal. his or
ies subcontractors, heirs. executors. administrators, successors or assigns,
shall fail to pay for a~y materiels. provisions, provender or other supplies
or teams used in. upon, for or about the performance of the ~ork contracted to
be done. or for any work or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to sucb work or labor. or any and
all damages arising under the or:l.g:l.nal contract, th~n said Surety 11'111 pay the
same and also Will pay in caes suit is brought upon this bond. such reasonable
attorney's fae aa shall be fixad 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. 60 as to give a right of aot:l.on to them or their ass:l.gns in
any Suit brought upon this bond.
•
CORPORATE ACKNOWLEDGMENT
State of Qllifontia_ }
County 01 _San~ta_ c_'_a_ra ____ • 5S.
8fJCIC!Itl<9tl<9C1C!1tl<9I;(9tl<9C1C!1~CIC!IIl1(!)Il1(!)Il>I1
g e-OFFICIAL SEAl) ~ S '.""..' JOHN F. BeRGER ~ ~ <. \.' NOTARVPUBlIC. CALIfORNIA ~
~ . .". SANTA CLARA COUNTY 2
li! My Commi$Jion E"pires Mar. 26, 1991 2
~G><:1G>:lG>:lG>:lG>:lGl<l.lG>:lG>:lG}~G>:lG><i""'Gl<I.lG><"1lc
NO. 2:02
On this the 16th day of __ -.:::Jtm=e=--____ 19 88, before me,
John F. Berger ----
the undersigned Notary Public, personally appeared
'lbad J. Corbett --.... -------------------
eJ personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within Instrument as
" or on behalf of the corporation therein
ACKNOWLEDGMENT BY SURETY
STATE OF CALIFORNIA 1
Countvof ____ =SAN~_F~RA~N~C~I~S~C~O~ ____ ~ ____________ lss
on this 16TH day of ____ -OJ:..:UN=E"-______________________ ---;, in the vear
JANIS M. DUNIVIN Notary Public
1988 ,before me
personallv appeared ;:;-_____________________ .
DAVID WEISE
personallv known to me (or proved to me on the basis of satisfactory evidence) to be the person ~hose name is subscribed to this
instrument as the Allorney-in-Fact and acknowledged to me that he (she' subscribed the name of __________________ _
FIDELITY AND DEPOSIT COMPANY OF MARYLAND theretv as Surety and his (her) own name as Attorney~in .. Fact.
IN WITNESS WHEREOF. I have hereunto set my hand and affixe y Official Seal. at my offica in the aforesaid County. the day and
vear in this c r:t(i'f'C fr O~CIAL'~' I~
~ '. JANIS M. DUNIVIN
.", NOTAAV puauo -CALIfORNIA
~ FrancJ!lOO COunty ¥. ___ .' ... ~_~~! ~'.!·.'~'.II9L
Notary Public
, .
. '
:. r.abor and Material lIond Page Z . / . . .
And tne said Surety. for value raoeived, hereby stipulates, and Agrees
that no ~hange, axtenaion of time, altiration or addition to the term~ of the
contraot or to the work to be performad thereunder or the spacifications
aocompanying the same shall in any wise affect its obligations on this bond.
and it does hereby waive notice of any such change, ext.a.ion of time, alter-
ation or addition to the te~e of the contract or to the work or to the speci~
ficaciona.
IN W~TNESS WHEREOF, this i~strument haa beQn duly executed by the
Principal and Sunty this 16TH day of JUNE • 19:~8",8,--_
(To be Signed by Principal
and Surety. Notary
acknowledgments required.) FIDELITY AND DEPOSIT COMEANY
SUt'll Y OF MARYLAtlD
. , ~\jl\~~.
gYI~~~~~~~-----------AtCOTna~in-Fact David Weise
The above bond is accepted and approvad this ____ ~ __ day of
6/17/85
S0'd 'lSNOO GNnOo803aNn DI~ID~d
, .' , , , ., ~
., JUlOEIVED
!IIJN 1 11fletl
PQwer of Attorney jl'I' 1m ,~ tA/t'\RKS
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OfFICE. BAlTIMORE, MO
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation 01 the
Slate 01 Maryland. by R. W. BUDDENBOHN • Vice-President. and M. J. SGHNEBELEN ,
AMistant Secretary. in pur ..... nce 01 authority granted hy Anicle VI, SectioD 2, 01 the By-Law. of .aid Company, which are ",t
forth .on the reverse •• ide her,,?! and '!'" hereby certitied to he, in,!u11 force !"''k'U,:ct on the date hereof, doe. hereby nominat ••
constitute and appomt DaV1d We1se of San Francl.fi'Cio), Ga11f1N:h1a •••••.••••••••••••• , , ~ i.~"J ~ .. ;.~ ~,'::.~, ~ y'
On this 18th day of December , A.D. 1987, betor. the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-Pr.sident and AMistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and olli""",
described in and who executed the preceding instrument, and they each aeknowledged the execution of the same, and being by
me duly sworn, sevorally ~nd each for himseU deposeth and s.ith, that they are the said olficers of the Company aforesaid, and
that the ",al affixed to the preceding instrument is the Corporate Seal of said Company, and that the .aid Corporate Seal and their
si8naturee ... ""h officors were duly offued and suhscn'bed to the said in.tnunent by the authority and dirootIon 01 the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and
year Imt above written. ~~:"'~~J
Notary Public ComJi:iODE '.. 1 ), 1990
CERTIFICATE
I, the undersigned, AMisumt Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certiIy thet
the original Power of Attorney of which the l'oregoing is a full, true and oorrect copy, is in full force and .Ue .. on the date of this
certillCatel and I do further certify thet the Vice-President who executed the said Power of Attorney was one of the additional Vice-
Presidents specially authorized by the Board 01 Directors to appoint any Attorney-in-Fact a. provided in Anicle VI. Section 2. of
the By-Law. of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
This Certificate may be 'i8ned by facsimile under and by authority of the folloy,ing resolution 01 the Board of Directors 01 the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July. 1969.
RESOLVED: "That the facsimile or mechanically reproduced .i8nature of any AMistant Secretary of the Company, whether made
heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid
and binding upon the Company with the .ame force and .Uect a. though manuaUy affixed,"
IN TESTIMONY WHEREOF. I have hereunto .uhscrlhed my name and affixed the corporate seal of the said Company, this 16 TH
day 01 JUNE , 19 88. ) r ~ -r,-!-v,.,fi 1-..-. 016-0187 ~ --_-v~
. ,
'. ,.
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice~President, or any of the Seuior Vice-
Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have
power, by and with the concurrence or the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents,
Assistant Vice-Presidents and Attorneys-in-Fact as the business o( the Company may require I or to authorize any person oc persons
to execute on behaU of the Company any bonds, undertakings, recognizances. stipulations, polioies, contracts, agreements~ deeds,
and releases and assignments of judgemenlS~ decrees, mortgages and instruments in the nature of mortgages, .. ,and to affix the
senl of the Company thereto:'
LI4-28b
\
r~~J[CT"""""T"
nLE ItO ........ " •••
Sf9 QrEIiI~G c~TL".
ceCA TiO~" ......... .
10· v,I.I\ WATH Hi\i~
1 S' O.I.P. WATER ~AIN
:; FiRE HVDAAIH A5SE~ilLY
4 RE~(]¥E EHSTHW Fl Rt:
HmANI A4D BU~Y
5 wms SERVi(E (LONS St~E}
b wms SERlICEISHORI SIOEI
7 ABANDOH n. HATER MIN
1 101m. TO EX. IAIER ~MH
9 REMOVE E!. ,W' 11Ft
t9Si~\qgS Kt3CELLANEOllS I:ATtR l1Alll REftACEI'IEfH
90,4Z4
~AY 10. 19B!
CiTY ~Al.L
ENGINEER', ESWh\iE PAClnc liiiCERGROUtlO
CONSTF\l;;:nou1 [NC.
2145 l.F. 3-l.CO 72 1930.CQ ';;3.00 7,1,!S5.M
~29~ L.P. ,;)8.00 J2'3,U4.0(1 35.{J(1 !lS,255.tJO
2 EACH 1,950.00 5,9M.00 ',-3'}{I.(I(\ ~.btiO,OO
1 m4 000,0(1 IjMv.(lO is(l.OO SO~.OO
31 EACH f.,75.0i) 2v,m.OO 100.00 15,SO(l,OO
4l EACH lbO." 15JB~O.(lO 4<10.00 IS/2M,i)!}
I L.S, 4,O~O.O~ 41O(l().{l(l 1/4QIi.OO l]40(l.(I()
! l.S. 9,(01).00 9 ,QQQ.OO \,000.00 S,QQ'.O~
lEAC4 500.0>:1 5M,vC 25(1.(1(1 250.00
AS5t~lli:l I CON~. TO El. i4lER MAW
10 REIlQVE EX, ~Em BUiES 3~ EA~H 173.00 S,iSIi.OO 04.00 2,520.0(1
ANO REPlACE ilTH IIEW
I-!\'D~O TECH riPELlNt, [NC. vtl/::'S flrElI~E CONST. LJ. ;':RHCH PIPELINE
ENG. tiL. INC.
3b.~O n.220,t,:J ll.40 75.931.00 )1.50 iv.m.5,)
41.00 1:SB,~06.00 3a,{li) J.25, rH,{IO 31.7<; 130/732.10
2,J2S.0~ 4,lS0.00 11950.00 3,900.00 2,11).QO 4J3~4.~O
:15(;,(1() 7M.Ov 3(lQ.OO 000.'0 228.00 4:5b.M
lOO.·" 9 )Z.(IO,!ii) i50.00 iJjZSO.OO Ibb.SO :13:,'01.5(1
250.00 11 ,OQiJ,(I(l lOO.OO 11 ,6-0(1,1}(1 197.00 'H,42B.C.0
7,OQO,03 7,000.00 t ,2\10.00 1,200.00 501.(1(1 56-1.00
13,O{lO.OQ 13rOOO.00 II,ISO.OO 1~!450.(l0 116b4.M 1,6M,(l0
300.00 300,00 I,WO.OO 4,501),(1(1 B1t .00 un ,00
l~4.(lO 4,\1:;:0.00 ,0.00 9~0,OO m.oo ,,180.00
WEET VAttEY CGlGi, CG •• INC,
35.M 75,075.00
'~.M 131,710,Q(1
2,SOO.(J~ 5j O(10.00
700.00 1 j4v{l.{li)
90(1.(\0 29,76(1.00
125.00 1.,iOO.OO
Zj7M.O~ 2,7{1(I.OO
12,45\1.00 12,ISO.M
'1'00.00 90MO
120.00 31b(lO./j0
",::::===::==========::::::::::::::::::::=:::==:::=;:;:::=:;:::=========::;::; .. ::::::==:::::::=====::::::::::=:::=--==:;:;:;::;::::::::::::::::=::::::::::::=::==="'=========,,====;;;;:z:;;;====::========"'''''''''''''''''''=::===:==:::;::;-;=::=::===::::::======::::::::::::====:::::!:::::::======::==:::;;;;;;;:;:;;;;;:;:
10 I At 261 1079.0V 233,010.00 265,096.00 1.1,161.00 . 268,025..10 21H,3;)S.%
DETRICK CORPORATION LEWIS & TI88ITT5 MANUEL C. IARDIM, INC. FEE CONSTRUCTION, INC. EDWARD 3. PESTANA WILLIAM CAPRISTA
CONSTRUCTION INC.UNDERGROUND
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
1 6° D.I.P. WATER MAIN 2145 L.F.36.00 81,510.00 36.00 77,220.00 42.15 90,411.75 45.00 96,525.00 42.00 90,090.00 45. 35 97,275.75
2 8' D.I.P. WATER MAIN 3293 L.F.40.00 131,720.00 41.00 ' 135,013.00 43. 15 142,092.95 49. 00 161,357.00 49. 00 161,357.00 46. 70 153, 793.10
3 FIRE HYDRANT ASSEMBLY 2 EACH 2,000.00 4,000.00 2,380.00 4,760.00 2,265.00 4,530.00 1,600.00 3,600.00 3,000.00 6,000.00 2,350.00 4,700.00
4 REMOVE EXISTING FIRE' 2 EACH 500.00 1,000.00 1,200.00 2,400. 00 83.65 167. 30 250.00 500.00 500.00 1,000.00 550,00 1,100.00
HYDRANT AND BURY
5 WATER SERVICE (LONG SIDE) 31 EACH 800.00 24,800.00 800.00 24,800.00 827.00 25,637.00 700:00 21,700.00 800.00 24,800.00 1,260.00 39,060.00
6 WATER SERVICEISHORT SIDE) 44 EACH 700.00 30,900.00 750.00 33,000.00 690.00 30,360.00 350.00 15,400.00 600.00 26,400.00 500.00 22,000.00
7 ABANDON EX. WATER.MAIN 1 L.S. 500.00 500,00 1,000.00 1,000.00 1,755.00 1,755.00 1,000.00 1,000.00 10,000.00 10,000.00 6,920.00 6,520.00
8 CONN. TO EX. WATER.MAIN 1 L.S. 1,500.00 1,500.00 3,600 An 3,600.00 17,080.00 17,080.00 24,750.00 24,750.00 15,000 An 15,000.00 16,600.00 16,600.00
9 REMOVE El. BLOW OFF 1 EACH 700.00 700.00 500.00 500.00 465.00 495.00 500.00 500.00 2,000.00 2,000.00 1,385.00 1,385.00
ASSEMBLY & CONN. TO EX. WATER MAIN
10 REMOVE EX. METER BOXES 30 EACH 200.00 6,000.00 300.00 9,000.00 115.00 3,450.00 100.00 3,000.00 100.00 3,000.00 55.00 1,650.00
AND REPLACE WITH NEW
TOTAL 282, 530.00 291,293.00 315,969.00 328, 332.00 339, 647.00 344, 473.85
14.". tBERT CORF.
\ iI" C.l.f'. WATER !'lAIN ms u. 41.2(', 101,244.00 0.00 0.00 (l,Ili'S :;.00 0.00
2 S" :'.!.? WATER MUI 32!f:l L.r. 63.Q~ 2G1,459.i)(1 (!.C\I 0.00 I).(i~ ;).0(1 (/,00
:s FIRE HYlm~lH i\SSEl'!BLY :£ EPCH 1,llS.00 4,m.OO C.OO (I,i1i) Q.QQ C,{1Q 0.00
4 RElfilVE EXISTING FIRE 1 E4CH 550.00 1,li){l.QO lLOO {I.ot! iJ.OQ O.OQ G .00
HY£IWH AND FURY
5 wmq "RVICE (LONG SiDEI 11 EAC~ 995,M j~,e45.flO a.co 0.00 o.~ 0.00 0.00
~ iitHER SEftVICEUiHORT S mEl 14 EACH m.50 :H,922.{I0 0.00 0.00 0.00 0.00 0.00
7 A6I\m~ EX. WAIER MAIN I L.S. 438.0(1 43a,OO 0.00 0.00 0.00 0.00 0.00
S CO~H. ID EX. WAIER HAlH I loS. 7,725.00 11725.00 O.QO 0.00 v.QO 0.00 0.\10
9 REMOVE El. FLOW OFF I EACH 2!~.00 26g ,1)0 0.00 0.00 0.00 0.00 0.00
ASSEMBll ! COHN. 10 E!. WAIER MIN
10 RElnVE EI. MEIER EnlES 30 EfiCH :29.00 1.,90.00 ~.CO ~.OO {i.flO 0.00 O.OQ
AlID REPLACE ilJH HEi
",-.