Loading...
89-111 Empire Ave , GrandCitN of Cupertirw 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK April 6, 1989 Bellicitti & pellicciotti Construction Carnpany P. 0. Box 606 Santa Clara, CA 95052 C.D.B.G. EMPIRE AVENUE, GRAND AVENUE - STREET IMPROVEMENTS PROJECT 88-120 P.O. Box 580 Cupertino, California 95015 We are enclosing to you for your files one (1) copy of the Contract for Public Works by and between the City of Cupertino and Bellicitti and Pellicciotti, which has been fully executed by City Officials, award of contract was approved at the regular meeting of the City Council of the City of Cupertino, on March 20, 1989. Enclosed please find your bid bond. Sincerely, DOROi'AY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works CONTRACT FOR PUBLIC WORKS CONTRACT made on G/ � / % r7 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and BELLICITTI & PELLICCIOTTI CONSTRUCTION CO., INC. ,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 C.D.B.G. EMPIRE AVE., GRAND AVE. STREET IMPROVEMENTS, PROJECT 88-120 B. Faithful Performance Bond, Insurance Certificate C. This Contract D. Bid Proposal referred to as Labor and Materials Bond, 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 STREET IMPROVEMENTS as c in the manner designated in, and in strict conformityewith, thefor,dPlans and Specifications prepared by: Mr. Bert J. Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, C.D.B.G. EMPIRE AVE., GRAND AVE. STREET IMPROVEMENTS PROJECT 88-120 Page 1 and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J. Viskovich, Director of Public Works. 3. CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of: ONE HUNDRED NINETY TWO THOUSAND THIRTY NINE AND 80/100 DOLLARS ($192,039.80) subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 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 notce, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor's expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, Page 2 deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. S. 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 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: FIFTY (50) WORKING DAYS If the Contractor shall be delayed in the work by the acts or - neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. Page 3 11. INSPECTION AND TESTING -OF MATERIALS. The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty days from the date of the serving of such notice, the City may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final, completion and acceptance of all -work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claima in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to substitute securities'as provided in Section 4590 of the California Government Code as more fully described in the City's' Notice to Contractors. Page 4 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: P. 0. Box 606 Santa Clara, CA 95052 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 an thereof, nor moneys due or to become due thereunder, maypart be assigned by the Contractor without the prior written approval of the City. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (1001) of the contract price as security for the faithful performance of this Contract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (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. Page 5 18. INSURANCE. 'rhe Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract, until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this Contract shall also contain an endorsement providing that thirty (30) days notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take ut and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of his employees employed at the site of the project and,in case any work 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 protection afforded 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 excluding what are commonly known as the "X, C, and U" exclusions (having to do with blasting, collapse, and underground property damage), which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Bodily Injury Liability Insurance in an amount not less than $500,000.00 for injuries, including accidental death, to any. one person, and subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of one accident, and Page 6 Property Damage Liability Insurance in an amount not less $250,000.00. The City and its officers and employees, shallthan named as additional insureds on any such be which shall also contain a provision that policies of insurance, thereby to the City, its officers and employees,the insurance afforded insurance to the full limits of liabilityofpolicy band primary if the City, or its officers and employees p y that against a loss covered b have other insurance be excess insurance only.y such policy, such other insurance shall 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 u p bec to property sustained by any ersonause or of Personal injury or damage p the course of the performance of said work, or by reason of, or in by infringement or alleged infringement of the Patent erights ason oof any person or persons, firm or corporation in consequence of the y in, on, or about said work, of any article or material Suppliedor installed under this Contract. Contractor shall wherever it is necessary tkeep nand gmaintaintheboat� hthe is 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 an subcontractor or subcontractors under this k or upon any part of the work contemplated by thiContract, upon the work Cotract bq- required or permitted to work thereon moresthanneight� hshall ours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the State of California, work performed by Labor Code of the Labor of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon co worked in excess of eight hours mpensation for all hours one-half times the basic rate of apex day at not less than one and It is farther exressly 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 an subcontractor under this Contract, for each calendar day during which said laborer, worker, or mechanic is required or p work more than eight hours in any one calendar day and forty thours in any one calendar week in violation of the provisions of Sections of the Labor Code. said Page 7 The Contractor, and each subcontractor, shall keep an accurate Irecord showing the names of and actual hours worked each calendar ay and each calendar week by all laborers, workmen, and mechanics mplayed 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 public for inspection the 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. Page 8 (d) Any copy of records.made available for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county and shall, within five working days, 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. Yh) The director shall adopt rules consistent with the California Public Records Act, (Ch; 3.5 (commencing with Section 6250) of Div. 7, Title 1. Gov. Ch.) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C.) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1979, Ch. 1249). 1775.5 clothing in this chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. Page 9 Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070), Division 3, of the Labor Code, are eligible to be employed on public works. The employment and 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 apprenticeship or committees, subs joint 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 action in apprenticeship for women and minorities. Contractors affirmative subcontractors shall not be required to submit Contindividual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to Journeymen l be employed in the craft or trade on the publicwork maywho bethe haratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the Contractor that he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor for the 1-to-5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000.00) or twenty (20) working days or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than two thousand dollars ($2,000.00) or fewer than five (5) working days. Page 10 "Apprenticeable mean a craft or trade adetermined adas^ansaused in this section, shall accordance with rules and regulations Apprenticeship in Apprenticeship Council. The Joint apprenticeship PY the have the discretion to rant a cerj committee shall to the approval of the AdministratortiofcA p which shall be subject contractor from the 1-to-5 ratio set forth ppinntthis hsectionmwhengit finds that any one of the following conditions are mets (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in 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 through apprenticeship trainin its journeymen annually or (2) on a local basis, g' either (1) on a statewide basis, (d) If assignment of an app-rentice to any work performed under a Public works contract would create a condition which would Jeopardize his life or the life, safety, employees of the public at large if the specific protaskrto whichfellow apprentice When such exemptions are granted to an organization represents contractors in a specific trade from the 1 to 5 ratiowhic a local or statewide basis the member contractors will not bon e required to submit individual applications for approval to local Joint apprenticeship committees, provided the are already covered by the local apprenticeship standards. Y A contractor to whom the contract subcontractor under him, who, in performingiof theework,°rundany er this contract, employs any journeymen or apprenticeable craft rentices ior trade and who is not pcontributingntoana fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the work, to wbich fund or funds other contractors in the area of the site of the public work are contributing,Public fund or funds in each craft or trade in wchhallhe econtribute to the or apprentices on the public work in the same amount oruponsame 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 contractor or subcontractor myadd teCouncil. The contributions in computingY add the amount of such of Cabot Standards Enforcement isauthorizedtoor the ntenforceTthehe Dpaim payment Of sdeh dcntributions to the fund or funds as set forth in Section 2279 p y ent Page 11 The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of contpliance with this section for all apprenticeable contractor. occupations with the prime 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 civil penalty in the sum of fifty dollars ($50.00) for each calendar day of noncompliance. the pprovisions of Section 1727, upon receiptotoitsuchndina determination the awarding body shall withhold from contract progress payments then due or to become due such suss. (b) Any 'such determination shall be issued after a full investigation, a fair and impartial hearing,and te ble thereof in accordance with reasonable rulesandnaprocnotice prescribed by the California Apprenticeship Council. procedures (c) Any funds withheld by the awarding body pursuant to this §action shall be deposited in the general fund if the e14arding body is a state entity, or in the equivalent fund of in awarding body if such awarding body is an entity other than the state. The Interppretation and enforcement of Sections 1777.5 and 1777.7 shall be T 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 ddch laborers workman, or mechanic paid less than the stipulated �raailin� rates for any work done under this Contract by him or by any'idbronttactor Under work done under this Contract by him or by =: dhy subcontractor under him; and Contractor agrees to comply with All provisions of Section 1775 of the Labor Code. Page 12 In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or. occupation (except executives, supervisory, administrative, clerical, or other non -manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly "hereafter 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. Payment will be made in accordance with the attached payment schedule. 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 Buffer 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, Pave 14 a 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 00/100 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 damagel and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any exdess. `28. ADDITIONAL PROVISIONS. None Page 15 P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hersinabove written. Approved as to form CORPORATE ACKNOWLEDGMENT CITY OF CUPERTINO ?afo: City Clerks Gy�1iG F� Dat91-ity Clerks CONTRACTOR I GELLICITTI & P-EL .ICC10,TTI NO. 202 State of �r0t On this the 2.3- day of 19�, before me, SS. County RNr'ia � 1 , the undersigned Notary Public, personally appeared OFFICIAL. SEAL KATHLEEN H. HALE " m NOTARY PUBLIC — CALIFORNIA COUNTY OF SANTA CLARA Comm. Exp. June 21, 1991 l personally known to me o proved to me on the basis of satisfactory evidence to qo1he personUs who executed the within instrument as 1'i"r 'A . R—�Z)65 on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS mv,haihd and official seal. / / Notary's Signature 7120122 NA IUNAL NU IANY AOODUTAI Ivry - I-- vemma orvu. r.v. ovw Yvw - •.vw eu� ,,,, e, vn v, n PFCPOSAL, EK H ( b � T PRC1 ECT 88-120 SANTA CIARA COUNTY: Dear Sir: In cwnp"anee with the specifications furnished for C.D.B.G. EMPIRE AVE., GRAND AVE. STREET IMPRMTMWM, Project 88-120, I, the undersigned, hereby declare that I have read the proposal requirements and hereby propose to do all work required to cwplete the said work in accordance with the specifications and/or plans for the amounts set forth herein on the incorporated schedule. The work to be done consists of furnishing all labor, methods, tools, machinery and materials required to constrict to ccupletion and in working order street improvements in accordance with the special Provisions, Plans and Specifications. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis cmParison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the riot to increase, decrease or delete the amount of any class or portion of the work or to wait items or portions of the work that may be deemed necessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids or to waive any irregularities in the bidding procedures. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall prevail and shall be used to calculate the total for that bid item. The bid prices for this project shall be as outlined on the following pages. A bid bond in the amount of ten percent (10%) of the base bid is required. Page 1 of 8 Bid Est. Item Qty. Unit Item 1. 36,300 S.F. Pmiove pavement and street section: S ISF $ 14 , S Z. C> Dollars/S.F. 2. 9,000 S.F. Pmnove sidewalk and side- walk section • $ I SF $ 5, 49 O �I�T`i -ONE LENtS Dollars/S.F. 3. 50,812 S.F. Provide for rough and Zo fish grading: $ D . 35 /SF $ l "Nyzn / - Five Dollars/`S.F. 4. 31,680 S.F. Provide and install 2 1/211 �o Asphalt Concrete: $ D. Z /SF $ i q rlI�TY - TWO G E N (Tj 5. 31,680 S.F. 6. 5,760 S.F. 7. 9,220 S.F. 8. 4 Each 9. 2,304 L.F. Dollars/S.F. Provide and install 8" 09 Class II aggregate base: $ O• ko /SF $ I q , 006 �L+CT Y E ENTC > Dollars/S.F. Provide and install 4" curb and gutter cushion: SEVEN`( - Dollars/S.F. Provide and install 411 00 sidewalk cushion: $ o• 5y /SF $ 5, D� t .` Ii FTY - ,c► L)L G�V i5 Dollars/S.F. Provide and install street centerline momments: a+ 00 4U'-VoeE�O $ v' $ 1, zoo Dollars/FA. Provide and install P.C.C. curb and gutter: .6EL/fVN/ 00 o a Dollars/L.F. Page 2 of 8 10. 9,220 S.F. Provide and install p.C.C. sidewalk: ON Oo1-/y2.. C&:v a $S.F. $ Dollars/S.F. 11. 1,467 L.F. Provide and install 1211 R.C.P.: -r'41 eT`( ppG( pfwS o0 00 Dollars/L.F. 12. 6 EA. provide and install storm drain manholes : DN 9 T'ko Q5oO^ C> Dollars/EA. 00 $ 13op $ 7� 600 13. 9 EA. Provide and install storm drqin inlets: E/yI47- nrve� $ 80o $ �� Zoo Dollars/FA. 14. 3 EA. Reset existing sanitary sewer manholes • THxt_ . Dollars/FA. 15. 200 L.F. Relocate existing fences: t�i FTIr�V Dollars/L.F. 00 $ ( F. $ 3,000 16. 1 L.S. Provide ffr� clearing and ?l grubbing: - F yES 'rktuv6Aa,v D Dollars/L. S . $ CIM /L. S . $ 5 Do 0 17. 19 EA. Provide and install drive- ways and driveway oon- forms: %Wo /!`yNDBEo L?v,c Dollars/Ea. d° $ 18. 11 EA. Relocate existing street signs: two k+vNpeED Dollars/EA. TOM PRICE BID: $ Page 3 of 8 (Revised) 0 IC- I, the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and tErie specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or bid bond in the amount of $ 10% of Proposal as required by law and the Notice to Bidders. (10% of bid amount) PROPOSAL PAGE 4 OF 8 A. BID DOCUMENTS, Continued BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and accurancy of the informa- tion is hereby guaranteed. (1) How many years has your organization been in business under its present name? 40 years (2) How many years experience in work comparable with that required under the proposed contract has your organization had by this or any other name? 40 years (3) Contractor's License No. 214093 , State of California, Classification A - General Engineering. (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has completed within the past 3 years. Year Class, Location of Work and for Whom Performed Contract Amount '88 Grading San Jose Airport Dan Caputo Co. 107,000 '88 Grade/Pave Livermore Airport Oliveria Fence Co. 40,000 188 Grade/Pave Sarah's Center -Los Gatos Hopkins Const. 51,000 '88 Pipeline Bean Hollow Rd. Bartz Const. (San Mateo Co.) 23,000 (Palo Alto, CA) 88 Grade San Francisquito Creek Bridge Wm. P. Young 61,000 (Fremont, CA) '87 Grade/Pave Cold Storage Facil. Baumann Const. 40,000 '87 Grade/Pave Fremont Commerce Cntr. Naisbitt Co. 151,000 (Milpitas, CA) '87 Site Work Hidden Lake Park City of Milpitas 87,000 (Alviso, CA) '87 Grade/Pave Gold St. Bridge Wm. P. Young 248,000 '86 Dike Construction Fremont Alameda Co. Water District 57,000 - (San Jose, CA) '88 Roadwork. Light Rail Facilities Dan Caputo Co. 90,000 '88 Grading Dike Removal Fremont Alameda Co. Water Dist. 41,000 PROPOSAL PAGE 5 OF 8 A. BID DOCUMENTS, Continued Name of Proposed Sub -contractors, if any (Section 4104, Government Code) 1. //�7 IL/ 2 . I�ETLlc< CCn e P 3. �Giv�iA �yvCL 4. 5. 0 Address if Shop or Office of Sub -contractors (Section 4104, Government Code) 1. `39,D A%4�77 -V Atl,� J��1�/TXI C� q�2�I, �4 2 . 4/2 C A-IvO 3. 4. 5. 21 _0 ? S &VG.�_ C� Work to be Performed by Sub -contractors (Section 4104, Government Code) 1. C' 0)A/C ,P, � 77 7 7=7- 2 . /,'l�C, ZD U ^/ C> 3. 4. 5, 6. PROPOSAL PAGE 6 OF 8 A. BID DOCUMENTS, Continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO -PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A COPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY -TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual: Co -Partnership Leo Pellicciotti, Corporation Bellicitti and Pellicciotti Construction Co., Inc. President Harry Bellicitti, Joint Venture Vice Pres./Manager Lee M. Pellicciotti, Other Secretary/Treasurer (Describe) Date: March 14,;: 1989 Addendds Received: 0 2 3 4 5 Name and Signature of Bidder: Bellicitti and Pellicciotti Construction Com an , Too. Print) Sec./Treas. (Signature) Address (Both mailing and location addresses): P.O. Box 606 Santa Clara, California 95052 400 Reed Street #106 Santa Clara, California 95050 Telephone Number: (408 )- 988-3155 PROPOSAL PAGE 7 OF 8 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Santa Clara Lee M. Pellicciotti , being first duly sworn, deposes and says that he or she is Secretary/Treas . of Belli citti&PelliccitVe party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corps.°ation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Date: March 14, 1989 Name and Signature of Bidder: Bellicitti and Pellicciotti Construction Company, Inc. (Print) (Signature) PROPOSAL PAGE 8 OF 8