91-009 McClellan Road Barrier Rail 91-009 McCLELLAN ROAD BARRIER RAIL
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Is CERTIFICATE OF,
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FORMATION QffZI9D
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
RBH;/ Curtis Day & Co. DOES NOT AMEND,EXTEND OP.ALTER THE COVERAGE AFFORDED BV THE
50 Fremont St. , Suite *300 POLICIES BELOW.
San Francisco, CA 94105 COMPANIES AFFORDING COVERAGE
415-543-3140 tCO&4PEARN A
Transcontinental Insurance Co
COMPANY
INSURED LETTER B Transportation Insurance CO.
P and F Construction, Inc. COMPANY
1010 39th Avenue LETTER CSafecu Insurance Companies
Oakland COMPANY
LETTER D
CA 94601 COMPANY
LETTER E
L:z
•THIS tSTO•CERTIFY�THAT•THE: POLICIES CIF L.INSURANCE,.LISTED..BELOW•HAVE•BEEN
:IS.::SU.::ED>:T:OTHE
INSURED
NAMED
ABOVE
FOR
.tTHE
POLICY
;PERIOD
INDICATED.NOTWITHSTANDING ANY W-OUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY GERTMN,THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS,
C9 TYPE OFRYRWRANCE POr.I0VNUMM POLIOYEFFE0TIVE POLIOV EXPIRATION LIMITS
L DATE(MM/DD/" OATE(MM/OD/W)
OENERALLIAeLLRY GENERAL AGGREGATE = 2000000
A X COMMERCIAL GENERAL LIABILITY 803399721 1/01/91 I 1/01/92 PRODUCTS-COMP/OP AGO. 3 1000000
CLAMS MACE _ OCCUR. PERSONAL & ADY, INJURY l 1000000
OWNER'S 6 CONTRACTOR'S PROT. EACH OCCURRENCE i 1000000
_ FIRE DAMAGE May one lire) S 50000
MED.EXPENSE(Arqt one perso S 5000
AVTOMODILE LIABILITY � COMBINED SINGLE
f
B X ANY AUTO BUA704717639 1/01/91 1/01/92 LIMIT 1000000
ALL OWNED AUTOS BODILY INJURY =
SCHEDULED AUTOS (Per person) T+�
X HIRED AUTOS BODILY INJURY I S
r
NON-OWNED AUTOS (Per accidenU
GARAGE LIABILITY PROPERTY DAMAGE 1
EXCESSLIADLLITY I EACH OCCURRENCE f
UMBRELLA FORM AGGKOA.TE _
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION STATUTORY LIMITS -
C AND WC2153249 1/01/91 1/01/92 EACH ACCOENT ! 1000000
EMPLOVERS'LIABLLITY DISEASE-POLICY LIMIT S 1000000
DISEASE-EACH EMPLOYEE t000000
OTHER
DESCRIPTION OF OPEAATIONMOCATtONS1VEMtOLESISPECIAL ITEMS
RE: Sidewalk Grinding ( SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT )
Job S 91-102/$ 50,100
ART A� 19.
`::`SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Ei?EXPIRATION DATE THEREOF, THE ISSUING %,OMPANY WILL
`; MAfI 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
City of Cupertino ?:LEFT.
10300 Torre Avenue Af WES.
Cupertino, CA 95014 <>;AVTHORrMOREPRESEMTATME
154550000
..:.......
Dear Certificate Holder:
t
We are pleased to provide the attached Certificate(s) of insurance. you may find that
this Cert ficate(s) does not comply with all of the terms and conditions of your contract
roue to the insurance carrier's restrictions under their policy form. if you should have
any question3, please feel free to contact the undersigned.
Curtis Day y Co. ��C./�' -%'-�f �rL`��2 '
50 Fremont St. #300 T_sabelle Beardswor-th, Senior Account Executive
San Francisco, CA 94105 (415) 543-3140
CDC 0051 ii/85
POLICY NUMSER: $03398?21 COMMERC.'AL ,';c'_NERA L L!AEIL!7('
THIS ENDORSEMENT C:iANGES THE POLICY. PLEASE READ !T CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This ancorse!nent modifies insurance provided under me rollowing:
COMMERCIAL GENERAL LIA311-17Y COVERAGE PANT.
SCHEDULE
N;,me of Person or Organization:
CITY OF CUPERTINO, ITS OFFICERS, EMPLOYEES AND AGENTS.
(if no entry appears above. information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended.to include as an insured the person or organization shown in the
Schedule. but only with respect to liability arising out of"your work" for .;"iat insured by or for you.
RE: SIDEWALK GRINDING
JOB # 91-102f$ 58,100
THIS INSURANCE IS PRIMARY EXCEPT WHEN EXCESS INSURANCE APPLIES. IF THIS INSURANCE
IS PRIMARY, OUR OBLIGATIONS ARE NOT AFFECTED UNLESS ANY OF THE OTHER INSURANCE IS
ALSO PRIMARY. THEN, WE WILL SHARE WITH ALL THAT OTHER INSURANCE WITHIN THE TERMS
DESCRIBED 1N THE POLICY.
CG 20 10 11 85 Copyright. insurance Services Office. Inc.. 198=
f
CITY OF CUPERTINO
INTERDEPARTMENTAL Date. April 12, 1991
To CITY CLERK From PUBLIC WORKS--SUMI
C1 information MESSAGE: MCCLELLAN ROAD BARRIER RAIL (INFORMAL CONTRACT)
t--; Implement PROJECT 91-112
CI Investigate --
C1 Discuss Transmitted for your files:
See me 1. Contract for Public Works--P & F Construction, Inc.
Reply
2. One copy each Faithful Performance Bond and
Payment Bond. Fidelity and Deposit Company of Maryland
Bond No. 30305428
3. Certificate of Insurance, 4/3/91.
Reply: sm
attach.
SIGNED: DATE
Send parts 1 and 2; retain part 3 for fallow-up; part 2 to be returned with reply
CONTRACT FOR PUBLIC WORKS
ACT made on March 29, 1991 by the CM OF CUPERI'M, a municipal
corporation of the State of California, hereinafter called the CITY, and
P & F CONSTRUCTION, INC., hereinafter called the QONMCIOR.
IT IS HEREBY AGREED by the parties as follows:
1. THE CONTRA-r DOSS. The complete contract consists of the
following contract documents:
A. Plans and Specifications for MCC1,FUM RD. BARRIER RAIL
PRQTECr 91-112
B. Faithful Performance Bond, I,abc)r and Materials Bond, Insurance
Certificate
C. This Contract
D. Bid Proposal referred to as Exhibit A
Any and all obligations of the Ci'TY and the CONTRACTOR are fully set
forth and described herein.
,All of the above documents are intended to cooperate so that .any work
called tor in one .:uzd not mentioned in the other, or vice versa, is to be
executed the same as if mentioned in all of said documents. The documents
ccaprising the complete contract are sometimes hereinafter referred to as
the Contract Docents. In case of oonflict 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 goad and workmanlike manner, the
work of MCCLELLAN RD. BARRIER RAIL PPOJBCr 91-112 as called for, and in
the manner designated in, and in strict contormuty with, the Plans and
Specifications prepared by: Mr. Bert J. Viskovich, Director of Public
Works and adopts)d by the City, which Plans and Specifications are
entitled, respectively, MCa11AN RD. BARRIER RAIL, Project 91-112 and
which Plans and Specifications are identified by the signatures of the
parties to this Contract.
1
It is understood and agreed that said tools, eqvipment, 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: Imo'. Bert J. Viskovich, Director of Public works.
3. CDNTRACT PRICE. The City agrees to pay, and the Contractor agrees
to acmept, in full payment for the work above agreed to be done, the sum
of: THIRTY T[MEE THOUSAND NINE HUNDRED AND NO/100 ($33,900.00)
subject to additions and deductions as provided in the Contract Documents,
per Exhibit "A" attached hereto.
4. DISPUTE'S PFRrAINING TO PA'YMENT 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 refers to the unit
of prices, if applicable, or in accordance with the agreement of prices,
if applicable, or in accordance with the agreem-ant of the parties, or in
accordance with the rules of the American Arbitration Association if the
parties are unable to agree.
5. PFR=, GOMLIANCE 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. INSPEMON 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, w-d 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. Mould 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 OV%NGES. Should the City at any time
during the progress of the work require any alterations, deviations,
additions or omissions from the Specifications or Plans or 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, vihich valuation shall be
determined either by reference to the unit prices, if applicable, or in
accordance with the agree i nt 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 frem the City, duly authorized by resolution of its
governing body, and by all agencies whore 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.
2
8. CHANCES TO MEET ENVIRONKENrAL REOU UMM. The City shall have the
right to make changes in this Contract during the catrse of construction
to bring the completed improvements into compliance with environmental
requirements nor 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. TERMDUMON, AMENEMENTS or MODIFICATIONS. This Contract may be
terminated, and 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 wth 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 CCPPLF r-T Nd. All work under this Contract shall be
ccaTiplet ed: 20 W0RKING DAYS
If the Contractor shall be delayed in the work by the acts or neglect of
the City, or its eMloyees, 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 dete-n ne justifies the delay, then the
time of completion shall be extended accordingly.
This paragraph does not exclude the rerxmv?xy of damages for delay by
either party under other provisions in the Contract Documents.
11. INSP=ON AND TEM7M 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 inspect-ion andd testing of the same,
if the City requests such notice from the Contractor.
12. TFCNATION FOR BREACH, EM. If the Contractor should be adjudged a
bankrupt, or if he should make a general assigtment 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 tc-n 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 clays
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 comyence performance thereof withJui thirty days from the date of
3
the serving of such notice, the City may take over the work and prosecute
the same to carpletion 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 ca*Plet:ing the
work, such materials, appiiarxes, plant and other property belonging to
the Contractor as may be on the site of the work, and necessary therefor. .
13. 1W, CITY'S RIC Hr M WIrIMOID CEErTAIN AMOUNTS AND MAKE APPLICATION
TP.FR17C1F. In addition to the amount which the City ray 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 claim against the Contractor_ or any subcontractors
for labor and services rendered and materials furnished in and about the
work. The City may .apply such withheld amount or amounts to the payment
of such claims in its discretion. in so doing, the City shall be deemed
the agent of The Contractor, and any payment so made by the City shall be
considered as a payment made under the Contract by the City to the
Contractor, and the City shall not be liable to the Contractor for any
such payment made in good faith. Such payment may be made without prior
judicial determination of the claim or claim. 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.
14. NOTICE AND SMILE TVEREOF. 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
rrepaid and certified; (b) if the notice is given to the Contractor,
�.ithtx 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: 1010 39'Ili AVFNUF, OAKLAND , CA 94601 postage
prepaid and certified; and (c) it 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 Unii:.ed States mails, enclosed in a sealed
envelope, addre—nsed to such surety or person, as the case may be, at tt►e
address of such surety or persons 1-st communicated by him to the party
giving the notice, postage prepaid wvi certitied.
15. ASSIGOWTT OF COMMCI`. Neither the Contract, nor any part thereof,
nor moneys due or to become due thereunder, may be assigned by the
Contractor without the prior written approval of the City.
4
16. COMPL'UWCF. WITH SPECIFICATIONS Or tATf 2 XS. Whenever in the
Specif icatione;, any material or process is indicated or specified by
patent or iproprietary name, or by name of manufacturer, such
Specificatioms ncust be met by Contractor, unless the City agrees in
writing to scare other material, process or article offered by Contractor
which is equ;il in all respects to the one specified.
17. CONTRACT SDCUP=. The Contractor shall furnish a surety bond in an
amount at least equal to one hundred percent (100%) of the contract price
as security for the faithful performance of this Contract. The
Contractor stall 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 furrdshi.ng materials, provisions,
provender, or other supplies, used in, upon, for or about the performance
of the work contracted to be done, or for p-.rforming 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 ?=ee to be fixed by the court in case suit is brought upon the
bond.
18. INSURANCE. The Contractor shall not commence work under this
Contract until he has obtained all insurance required by the City, nor
shall the Contractor allow any subcontractor to commence work on his
subcontract until all similar insurance required of the subcontractor 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 modific.-,tion of the policy.
(a) WORK M I S C OMENSATICNQ INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take out and maintain during the life
of this Contract Worker's Compenation Insurance and Employer's
Liability Insurance for all of his employees employee at the site of
the project aril, in case any work is sLWIet, the Contractor shall
require the subcontractor similarly to provide Worker's Compensation
Insurance and DTployer'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 Sect 1861 of the Labor code:
"I am aware of the provisions of Section 3700 of the Labor Code 'which
reciuire 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
caur mencing the performance of the work of this contract".
5
(b) LT.WLrrY INSURANCE. The Contractor shall take out and maintain
during t►ie life of this Contract such Bodily Injury Liability and
Property Damage Liability Insurance as shall protect him and any
s-ub.-ontractor pezrformuq work covered by this Contract from cla:rts for
property damage, including third-party property damage, to include
coverage on property in the rare, custody and control of the
Contractor, and also excluding what are commonly known as the "X, C,
and i3" 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 ads
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 Property
DaLmAge Liability Insurance in an amount not less than $250,000.00.
The City and its officers and employees, shall be named as additional
insureds on any such policies of insu- once, which shall also contain a
Provision that the insurance aff,.L !ed thereby to the City, its
officers and employees, shall be primary insurance to the full limits
of liability of the policy and that if the City, or its officers and
employees, have other insurance against a loss covered by such policy,
such other insurance shall be excess insurance only.
19. HOLD HARMLESS. The Contractor will save, keep, and hold harmless
the City and all officers, employees, and agents thereof from all damages,
costs, or expenses, in law or in equity, that may at any time arise or be
set up because of personal injury or damage to property sustained by any
person or persons by reason of, or in the course of the performance of
s;id work, or by reason of any infringement or alleged infringement of the
patent rights of any person or persons, firm or corporation in consequence
of the use in, on, or about said work, of any artier or material supplied
or installed under this Contract. Notwith_sttanciing the above, the
Contractor shall wherever it is necessary keep and maintain at his sole
oast 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 arri 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
m:ucimum hours of service upon all work done hereunder, and it is expressly
stipulated that no laborer, workman, or mechanic employed at any time by
the Contractor or by any subcontractor or subcontractors under this
Contract, upon the work or upon any part of the work contemplated by this
Contract, shall be required or permitted to work thereon more than eight
hours during any one calendar day and forty hours during any one calendar
week, except, as provided by Section 1815 of the Labor Code of the State
of. California, work performed by employees of Contractors in excess of
eight hours per day and forty hours during any one week shall he permitted
upon public work upon cremation for all hours worked in excess of eight
6
hours per day at not less than one and ore-half tmu-m the basic rate of
pay. It is further expressly stipulated that for each and every violation
of Sections 1811-1815, inclusive, of the Labor Code of the State of
California, all the provisions whereof are damned 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
cuployed in the execution of this Contract by Contractor, or by any
subcontractor under this Contract, for each calendar day during which said
laborer, worker, or mechanic is required or permitted to work more than
eight hours in any one calendar day and forty has in any one calendar
week in violation of the provisions of said sections of the Labor Code.
The Contractor, and each subcontractor, shall keep an accurate record
showing the name of and actual hours worked each calendar day and each
calerxlar week by a1.1 laborers, worJunen, and mechanics employed by him in
connection with the work contemplated by this Contract, which record shall
be open at all reasonable hours lot 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. MGE 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 rate--- 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 }.case 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 ott_r employee employed by him or her coruiection 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 or the body awarding the contract, the Division of
Labor Standards Enforcement and the Division of Apprenticeship
Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision
(a) shall be made available upon request to the public for inspection
or copies thereof made, provided, however, that a request by the
public shall be made through either the body awarding the contract,
the Division of Apprenticeship Standards, or the Division of Labor
7
Stanc?ards Enforcement. The public shall not be given access to such
recorx.ls 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 regL.ested such records
within ten (10) days after receipt of a written request.
(d) Any copy of rq:=rds 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
Standarx s Enforcement shall be marked or obliterated in such a manner as
to prevent disclosure of an individual's acme, 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 urxier 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 ;his section. Should ncuxxupliance 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 stipu-"ations to effectuate this section. Such stipulations shall
fix tie rr—_,fx-.sibility for eag?liance with this section on the prime.
Contractor.
(h) The director shall adopt rules consistent with the California Public
Records Act, (Ch. 3.5 (oamc_lncing with Section 6250) of Div. 7; Title
1. Gov. Ch.) and the Information Practices Act of 1977, (Ti.:..ie 1.8
(commencing with Sec. 1798) i't. 4, Div. 3, Civ. C.) governing the release
of such records, including the (-tablishment of reasonable fees i_.o be
charged to reproduciaxq copies of records required by this section. ;^dded
by Stats. 19.78, Ch. 1249) .
1775.5 Nothing in this chapter shall prevent the employment of properly
registered apprentices upon public work.
Every such apprentice shall be paid the standard wage paid to apprentices
under the regulations of the craft or trade at which he is emp:oyed, and
shall be employed only at the work of the craft or trade to which he is
registered.
8
Only apprentices, as defined in Section 3077, who are in training under
apprenticeship standards and written apprentice agreements under Chapter 4
(ccx; flawing 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 agreeme_.nts under which he is
training.
Men the Contractor to whom the contract is awarded by the State or any
political subdivision, or any subcontractor undeer 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 camri:ittee administering the
apprenticeship standards of the craft or trade in the area of the site or
the public work for certificate approving the Contractor or subcontractor
under the apprenticeship standards for the employment and training of
apprenticestups in the area or industry affected; provided, however, that
the approval as established by the joint apprenticeship committee or
committees shall be subject to the approval of the Administrator of
Apprenticeship. The joint apprenticeship or committees, subsequent to
approving the subject contractor or subcontractor, shall arrange for the
dispatch of apprentices to the Contractor or subcontractor in order to
comply with this section. There shall be an affirmative duty upon the
joint apprenticeship committee ee or committees administering the
apprenticestup standards of the craft or trade in the area of the site of
the public work to ensure equal employment and affirmative action in
apprenticeship for women and minorities. Contractors or subcontractors
shall not be required to submit individual applications for approval to
local joint apprenticeship ecemdttees provided they are already covered by
the local apprenticeship standards. The ratio of apprentices to
journeymen who shall be employed in the craft or trade on the public work
may be the ratio stipulated in the apprenticeship standards under which
the joint apprenticeship committee operates but in no cave shall the ratio
be less than one apprentice for each .five journeymen, except as otherwise
provided in this section.
ne Contractor or subcontractor, if he is covered by this section, upon
the issuance of the approval cextific:ate, 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
standar-ds. 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 exei%)ting
the Contractor for the 1-to-5 ratio as set forth in rhis 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.
tOApprentieeable craft or trade," as used in this section, shall rnean a
craft or trade determined as an apprenticeable occupation in accordance
with rules and regulations prescrib&9 by the Apprenticeship Council. `Ihe
joint apprenticeship committee shall have the discretion to grant a
9
certificate, which shall be subject to the approval of the Administrator
of Apprenticeship, exempting a contractor fron the 1-to-5 ratio set forth
in this section when it finds that arny ors of the following conditions are
met:
(a) In the event unemployment for, the previous three month period in
such area, exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area
exceeds a ratio of 1-to-5, or
(c) If there is a showing that the apprenticeable craft or trade is
replacing at least one-thirtieth of its journeymen annually thrash
apprenticeship training, either (1) on a statewide basis, or (2) on a
local basis.
(d) If assignment of an apprentice to any work performed under a public
works contract would crate a condition which would jeopardize his life or
the life, safety, or property of fellow employees of the public at large
if the specific task to which the apprentice is to be assigned is of such
a nature that training cannot be provided by a journeyman.
When such exemptions are granted to an organization which represents
Contractors in a specific trade from the 1 to 5 ratio on a local or
statewide basis the memnber contractors will not be required to submit
individual applications for approval to local joint apprenticeship
eomaittees, provided they are already covered by the local apprenticeship
standards.
A Contractor to whom the contract is awarded, or any subcontractor under
him, who, in performing any of the work, under the contract, employs
journeymen or apprentices in any apprenticeable craft or trade and who is
not contributing to a fund or funds to administer and conduct the
apprenticeship program in any such craft or trade in the area of the site
of the public work, to which fund or funds other contractors in the area
of the site of the public work are contributing, shall contribute to the
fund or fund-, in each craft or trade in which he employs journeymen or
apprentice-, on the public work in the same amount or upon the same basis
and in the same manner a, the other: Contractors do, but where the trust
fund adnunistrators are unable to accept such funds, Contractors not
signatory to the trust agreenent shall pay a like amount to the California
Apprenticeship Council. The Contractor or subcontractor may add the
amount of such contributions in computing his bid for the contract. The
Division of Labor Standards F7iforcvinent is authorized to enforce the
payment of such contributions to the fund or funds as set forth in Section
227.
The body awarding the contract shall cause to be inserted in the contract
stipulations to effectuate this section. Such stipulations shall fix the
responsibility of compliance with this section for all apprenticeable
occupations with the prime Contractor.
All decisions of the joint apprenticeship committee under this section
are subject to the provisions of Section 3081. (Amended by Stats. 1976,
Ch. 1179)
10
1777.6 It shall be unlawful for an employer of a labor union to refuse
to accept otherwise qualified employees as registr..red apprentices on any
public works, on the ground of tlha race, religia-As creed, color, national
origin, ancestry, seat, 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
p--riod of one year from the date the determination of noncompliance is
made by the Administrator of Apprentice.-hip; and
(2) Forfeit as a civil penalty in the sum of fifty dollars ($50,00)
for each calendar day of norK:ompliance. Notwithstanding the
provisions of Section 1727, upon receipt of such a determination the
awarding; body shall withhold from contract progress payments then due
or to became due such sum.
(b) Any such determination shall be issued after a full investigation, a
fair and impartial hearing, and reasonable notice thereof in accordance
with reasonable rules and procadurL—s prescribed by the California
Apprenticeship Council.
(c) Any funds withheld by the awarding body pursuant to this section
shall be deposited in the general fund if the awarding body is a state
entity, or in the equivalent fund of an awarding body if such awarding
body is an entity other than the state.
Z?ie interpretation and enforcement of Sections 1777.5 and 1777.7 shall be
in accordance with the rules and procedures of the California
Apprenticehip 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
furUler expressly stipulated that the Contractor shall, as a penalty to
the City, forfeit twenty-five ($25.00) for each calendar day, or portion
thereof, for each laborer, workman, or mechanic paid less than the
stipulated prevailing rates for any work done under this Contract by him
or by any subcontractor under work done under this Contract by him or by
any subcontractor under him; and Contractor agrees to comply with all
provisions of Section 1775 of the Labor Code.
In case it becomes neressary 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 inmrediately notify the City, who will
promptly thereafter determine the prevailing rate for such additional
trade or occupation and shall furnish the Contractor with the minimum rate
based thereon. The minimum rate thus furnished shall be applicable as a
minimum for such trade or occupation from the time of the initial
employment of the person affected and during the continuance of such
employment.
11
22. ACCIDENT PREVOMON. Precaution shall be exercised at all times for
the protection of poisons (inclu d ng 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 Aocident Commission of the State of
California.
23. PAYMENT. Payment will be made in accortdanee 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 ompletion 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 eonpletion 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 then or in lieu thereof, the writing aforesaid, within ten (10) days
after the times aforesaid, and after written demand has been made upon him
for the same, the Contractor may file demand with the City, and, in event
said certificates are not furnished within ten (10) days thereafter, the
same shall become due and payable.
In case the City's representative delivers the writing aforesaid, in lieu
of the certificates, then a carpliance 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 aeaeptance 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 iiz::>pecticn arri approval may be. required by
law.
24. PR[Y1 LPION 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
12
relocatinna or repairing damage to utility facilities not indicated in the
Plans and Specification, other than service laterals when the presence of
such utilities on the construction site can be interred 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 i
identified by the City in the Contract plans and Specifications, the i
service laterals as hereinabove described, he shall immediately notify the
City in writing.
g.
25. OORMCTOR'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. NEVETMEIMS, the Contractor shall, if the
insurance premiums 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 oocurrexKms or conditions and
effects: earthquakes and tidal waves, when such occurrences or conditions
and effects have been proclaimed a disaster or state of emergency by the
Governor of the State of California or by the President of the United
States, or were of a magnitude at the site of the work sufficient to have
caused a proclamation of disaster or state of emergency having occurred in
a populated area. Subject to the foregoing, the City shall not, in any
way or manner, be answerable or suffer loss, damage, expense or liability
for any loss or damage that may happen to said building, work, or
equipment or any part thereof, or in, on, or about the same during its
construction and before acceptance.
26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the
first-class quality of all workmanship and of all materials, apparatus,
and equipment used or installed by him or by any subcontractor of supplier
in the project which is the subject of this Contract, unless a lesser
quality is expressly authorized in the Plans and Specifications, in which
event the Contractor unqualifiedly guarantees such lesser quality; and
that the work as performed by the Contractor will conform with the Plans
and Specifications or any written authorized deviations therefrom. In
case of any defect in work, materials, apparatus or equipment, whether
latent or patent, revealed to the City within one (1) year of the date of
acceptance of caWletion of this Contract by the City, the Contractor will
forthwith remedy such defects without cost to the City.
2.7. 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 rentioned 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 DOLLARS ($150.00)
for each and every working day during which said work shall remain
uncompleted pleted beyond such time for ompletion or unlawful extension thereof,
which sun shall be presumed to be the amount of damage thereby sustained
by the City since it would be impracticable or extremely difficult to fix
be deducted by the City fran moneys due the Contractor hereunder, or his
assigns and successors at the time of completion, and his sureties shall
be liable to the City any excess.
28. ADDITIONAL PROVISIONS.
None 13.
P. 0. NO.
IN Wr n;EsS WHERR)F, the parties have executed this Contract, in,
duplicate, the day and year first hereinabave written.
CITY OF CUPFR'ITM
Approved as to form
City Attorney D' r of lic Works:
Date: x/// /V f
CONTRACI`OR: P � l- CON571?OCTtCN !NC.
Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary
acknowledgment required.
Project Name and Number: McClellan lad. Barrier Rail Project 91-112
Contractor's Name: P & F Construction, Inc.
Contractor's Address: 1010 39th Ave. , Oakland, CA 94601
Contract Amount: THIRTY THREE THOUSAND NINE HUNDRED DOLLARS AND N01100
($33,900.00)
Contract Account Number: 120-9403-953
14
1991 CAPITAL IMPROVEMFNr PAYMENT SCHEDULE
QUAN=fIFS CUT OFF DATE CfIhXK RELEASE DATE
FRIDAY 5:00 '[*1 FRIDAY --
JANUARY 11 JANUARY 25
FIBRUARY 8 FEBRUARY 22
MARCH 8 MARCH 22
APRIL 5 APRIL 19
MAY 3 MAY 17
MAY 31 JUNE 14
JUNE 28 JULY 12
JULY 26 AUGUST 9
AUGUST 23 SEPTEMBER 6
SEPTEMBER 20 OCICBER 4
OCTOBER 18 NOVEMBER 1
NOVFIPBER 15 NOVFMBER 29
DFCEMBER 13 DECIIMBER 27
15
IM-OFNAL BID r'34DFJOSAL
k4=1mi rd MADBWUM RAIL l 3
TO: THE DER OF PUBLIC WORKS, CITY OF CUPS, STATE OF C ALJFO10J1A
Dear Sir:
In conpliance with the Plans entitled "McClellan Road Barrier Rail" and
the Spu undersigned,
cial Provisions I, the undersigd, hereby propose to complete all
work required to construct the outlim.%1 improvements foc tho_:e prices
written herein. I further understand that all costs for tzLxL-z,
transportation expense, Public Satety and incidental work are included
within the amount bid.
I also understand the work requires selective skills, equipment and
.abilities an.1 the Plans delineate the scope of work, some details and the
relative location of the work to a large gravity retaining wall. I have
field reviewed the work site and will complete the work in accordance with
the intent of the Plans.
A bid bond in the amount of 100 of the arcunt bid is required.
Bid Unit
•.[tee 2t Unit Description Price FA-tension
1. 380 L.F. Install a lineal foot of
type 50 Harrier rail
complete for $;�1,°0/L.F. $�
2. L.S. Complete all demolition
of curbing and pavement
for L.S.
3. L.S. Provide and install land-
s:.ape backfill and filler
fabric complete for L.S. 1 Mrs uu
4. 380 L.F. Provide and install a
lineal foot of drain pipe
with rock backfill $ �.00 /L.F.
AMOUNT HID/TC TAL $ D 0
aL
BID PROPOSAL PAGE 1 OF 6
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 time specified.
I, the undersigned declare that this bid is made without connection
with any person, firm, or corporation malting a bid for the same work, and
is in all respects fair, and without collusion or fraud.
I, the undersigned rcxxxgnize 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 oc=.
Attached hereto is the required certified Check or bid bond in the
amount of $ 1 Q % , as required by law and the Notice to Bidders
(10t of bid amount)
BID PWPc)SAL PAGE 2 OF 6
A. BID DCCLZ FNM, Continued
BIDDER QL1ALTFICATION F)T;M
In further c=Vliance with the specifications, furnished, the
undersigned submits the following stztevc�nt„ as to his experience and to
his cpkilifications as a p-ut of this proposal, and the truthfulness and
utterance of the information is hereby guarantcx�d.
(1) How many years hiis your organization been in
busine-- under its present name?
(2) How many years experienoe in work comparable with
that required under the proposed, contract has your
organization had by this or any other name?
(3) Contractor's Licenv-,e No. Od 2
State of California, Cla�-H-Hcatio t tr
Expiration Date
(4) List work similar in character to that required in the
proposed oontxact which your organization or personnel in
your organization has ccvpleted within the past 3 years.
Year Class, Location of Work id for Whom Performed Contract Paciant
BID PROPOSAL PAGE 3 OF 6
A. BID DOCLMERM, Continued
Name of Proposed Sub-Contractors, if any
(-Section 4104, GoverMent Code)
1.
2.
3.
4.
5.
6.
Address if Shop or office of Rib-Contractors
(Section 4104, Goverrment Code)
1.
2.
3.
4.
5.
26. _
Work to be Performed by Sub-C�ntractors
(EAytion 4104, Government Code)
1.
2.
3.
4.
5.
6.
BID pR0PrLc;AL PAGE 4 OF 6
A. BID DOCLIME�S, Conts.nued
IF YOU ARE AN INDIVIDUAL, SO —rATE. IF YOU ARE A F'TAK OR CO-P1'.R'M.R0-11p,
,:.VA`1'F 11TIE 1-7-04 NIA AND LI!3r ZHE NAMES OF AU, INDIVID(;AL CO-PACIINE32S
C q-10SING TH£ FIRM. IF A CORPORATION, STATE UZAL NAME OF CORPORATION,
ALSO NAMES OF PRESIDENT, SEI=ARY-Iff�FASUI2ER AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXES. THE INFORMATION CONTAINED IN THIS BID 1S BPZNG MADE
UNDER Pf NAIXY OF PE1�.JURY.
TYPE OF BUSINESS: Individual-
Co--Part,r►ersl'1ip .
Corporation E r - N-5 i l CTI CEO L 3C,
Joint Venture
Other
(Describe)
Name and Signature of Bidder:
E-ESN 6; SjQ5L
(Signature)
1-1
Address (Both mailing,and location addresses) :
10 T'+ n V�N ILL:
>AL L-)tiJ-!)
Telephone Number:
Date: MAftUI 2(01.1991
Addendas Received:
1 2 3 4 5
BID PROPOSAL PAGE 5 OF 6
w
NONCOULISIO,'� AMDAVIT TO BE BY
BIDDEN AND S BMITI"iD WrIli CID
State of California ss.
County of _ 1►��=j jl
—ER-13n t < being first duly sworn, deposes
and says that he or :she is 'Itt�Si rlt�ti�r _ of (._Cyotj
the party making the forc�c�j bid that the bid is not made -in the
interest of, or on behalf of, any undisclo-cx2d person, p-Irt.-ncI.ship,
COn4?-uny, <:.sOc ation, 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
acJroed with any bidder or anyone else to put in a sham bid, or that anyone
f-.1-4all refrain from bidciirxj; that the bidder has not in any nuaru-ier,
directly or indirectly, sought by agreement, communication, or conference
with anyone to fix the bid price of the bidc.ier or any other bidd r., or to
fix any overhead, profit, or c%x,t elenent of the bid price, or of that of
any other bidder, or to secure any ..advantage against the public body
-awardirx7 the contract of anyone interest 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
:uiy breakdown thereof, or the oontents thereof, or divulged inform-Ation or
d;°,ta relative thereto, or paid, and, will not pay, any tee. to any
corioration, part.ncrlldp, corT-iany a:_::::ociation, ory:udzatl_on, bid
derx:,sitory, or to any member or agent, thereof to effectuate a collusive or
sham bid.
Name and Signature of Bidder:
_ F'R r S' "S p'O,SGTO
(Print)
.''-'` %�"-`�r'`�•-��^�r it=' _<, "�__
r
Date:_M RRC iA ,rL 4 l ( f ( _ '
BM PRDPO`AL PAGE 6 OF 6
t
IBM OATS(MM/T)D/YY)
ADHPI L ' CERTIFICATE- :--' aNSURANCE
THISCERTIFICATE tStSS`JED ASA MAT IER OFINFORMATIONONLY AND
Curtis Coy bl Cowpony NOR:GHTSLPONT►IECERTaFICATEHOLDER TwSCERIFICATEDO€SNOTAMEND.
EXTEND OR ALTER THECOVERAGE AFFORDEDBY THEPOLICIESSELOW
50 Fremont St. , Suite *30C
Son Francisco, CA 94105 COWANIES AFFORDING COVERAGE
415-543-3140 COMP AN A
CODE ws-ooae _ Trsnscontinental Insurance Co
COMPANY
LETTER T-ransoortai,an Insurance CO.
P and F Construction, Inc. LCOMPANY C
1010 39th Avenue Safeco Insurance Companies
Oakland SERVER D
CA 94601 COMPANY
LETTER E
CO ER GE5
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOT WITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH'HIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOV/NMAY HAVE BEEN REDUCED BY PAID CLAMS
CC TYM OF INISURANCE POLICYNUMBER POLIOVE"ECTIVE POLI@YEX1PIRATtOh ALL LIMITS IN THOUSANDS
LTII DATE(MM/DD/YY) OATE(MM/DTD/YY)
GENERAL AGGREGATE t 2000
11 A X COMMERCIAL GENERAL LIABILITY 803398721 1/01/91 1/01/9 2 PRODUCTS-COMP/OPS AGGREGATE i 1000
i CLAIMS MADE OCCUR. PERSONAL g ADVERTISING I9-11B2V f 1000
OWNER'S 6 CONTRACTORS PROTJ EACH OCC50MRIE t 1000
FIRE DAMAGE (Any one hr-1 S 50
MEDICAL EXPEND(Any one Perzan)l 4 5
AUTOMOBLE LIABILITY SINGLE E
B X ANY A 0 BUA704717638 1/01/91 1/01/92 LIMIT 1000
ALL OWNED AUTOS IPLAIRY =
SCHEDULED AUTOS ( (Per person)
X HIRED AUTOS IN,AIRY f
X NON-OWED AUTOS (Per aocidem
GARAGE LIABILITY PROPERTY
DAMAGE IT
EXCESSLIABLLRV OCCUI*tENCE
ROIW-R THAN UMBRELLA FORM
STATUTORY
WORKER'S COMPENISATION -
t 1000 (EACH ACCIDENT)
C ANT) WC2153249 1/01/91 1l01/92 t 1000 (DISEASE.POLICYLIMIT)
EMPLOYERS'LIABL ITY = 1000 (DISEASE-EACH EMPLOYEE)
OTHER
I
DESCRfPTIONt OP OPERATIONWLOCATIONSIVEHtMEWSPECIAL HEMS
RE: McClellan Road Project
Job *91-112 Contract Amt . S33,900
ATTACHED
CERfIFICATS BOLDER C NCEU ATIOtd
SHOULD ANY OF THE ABOVEDESCRIBEO POLICIES BE CANCELLEDBEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL
MAIL 30 DAYSWRITTENNOTICETOTHECERTIFICATE HOLDER NAMEDT07HE
City of Cupertino r' LEFT _
10300 Torre Avenue
Cupertino, CA 95014 AIMORI$EOREPRIMENTATIVE
1545500
,...... .:. ,.: ... ,: .:'; :•< �-� '`�,.`Y� �A��RD�:GORPl�3iATtdld 88
POLICY Nt;!ASER: 803398721 COMMERCIAL GENERAL LIABILi T Y
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This enciorsememt modifies insurance provided under the following:
COMM:RCIIAL GENERAI- LiASiL}TY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF CUPERTINO, ITS OFFICERS AND EMPLOYEES
(If no entry apo?3rs above.information reouired to complete this endorsement wiii be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to incilae as an insured the person or organization shown in the
Scheouie, bcrt only witf: respect to Lability arising ocr; of "your work" for that insured by or for you.
RE: MCCLELLAN ROAD PROJECT
JOB #91-112 CONTRACT AMT. $33,900
PRIMARY CLAUSE
THIS INSURANCE IS PRIMARY EXCEPT WHEN EXCESS INSURANCE APPLIES. IF THIS INSURANCE IS
PRIMARY, OUT OBLIGATIONS ARE NOT AFFECTED UNLESS ANY OF THE OTHER INSURANCE IS ALSO
PRIMARY. THEN, WE WILL SHARE WITH ALL THAT OTHER INSURANCE WITHIN THE TERMS DESCRIBED
IN THE POLICY.
CG 2C 10 1i as Cooynent. insurance Services Office, inc.. 198E
A
30305428
Fond No........
.._._.._...............
Fidelity and Deposit Company
1110,11E vrt OF MARYLAND BALTIM0,?E, "m 21203
Usaidiful Performance Bova'
Public I''ork
(The premium charged onthis bored is$----509.00---------,being at__
the rate of 8- ------------ per thousand of tl►e contract price)
KNOW ALL MEN BY THESE PRESENTS:
THAT, WurREAS, the---_- CITY-OF CUPERTINO
----------------------------------------------------------------------------------------------
State of California, entered into a contract.dated---MARCH-29--------------------------19-_g1- with
----------------------------------------------------------------------------------------------
----P -&-F-CONSTRUCTION_-INC,------------------------hereinafter designated as the "Principal,"
for the work described as follows: ------------------------------------------------------------ ---
MCCLELLAN RD
----------------------------------------------------------------------------------------------
--_-_BARRIER RAIL PROJECT 91-112 ____-_ and
W11FREAS,the said Principal is required under the terns of said contract to furnish a bond for the faithful
performance of said contract.
Now, 'fni:rir:roar, We, the Principal, and FIDELITY AND ULI'OStT CoAtPANY OF MARYLAND, a corpora-
tion organized and existing under the laws of the State of !Maryland,and duly authorized to transact business
under the laws of the State of California,as Surety,are held and firinly bound unto----------------------
CITY OF CUPERTINO
---------------------------------------------------------------------------•-------------------
in the penal suet of-THIRTY—THREE_THOUSAND NINE HUNDRED & NO/100 Dollars ($ 33,900_00-_),
lawful money of the United States, for the payment of which sum well and trulyto be made, we bind our-
selves,our heirs,executors,administrators.and successors,jointly and severally, firn►ly by these presents
Test: CONDITION Oi: THIS OBLIGATION IS SUCH, '1'lsat, if the above bounden Principal, his or its heirs,
Bond No......3030542s.... ...
DepositI -1Y
"ID' atao,�
Fidelity YLAND B�sr riMORE,
ll
taoMc OrrtcE
OFBAR
��cc tt�anal
��utd,tatut 1*Lar6�u��'au�el�
1 ulrfllc
509.00 being at
renntum charged on this bond i�$ thousand of the contract price)
tle rate of s--15_00 _----__�
1'RESf:N TS: _ ---- - ----
Kt404'�' ------
ALL 1�1irN BY "I'IILSG RTINO------ --- --- -- ---- __ --
CITY -- CUP- - - -
- -- r ----' 19. 9' with
'MAT, WurMEAs, tile.---------- - --.............
---- ---------��----- __ ------- _ --
---- MARCH -- -- _ --
-----_--entered contract dated__---------- -------------- Tal;,
---_--_-_ entered into a -- ------------ d as file "I'cinci{
State of California, -- ------ ----- -------- - --liereinafter designate -
--- P---p CONSTRUCTION, INC ----- -- -- -- ---------- -------- --�^�- _ -- ----
or the work described as follows*
AN_RD-__-- --- ----2 - _.__ - and
f ------ - I-R AIL_PKOJECT -- bond for the(aitllful
.... - -------- BARR __ - {urnistna °
-- w -^---- ---_."^ , • l is required under the terms of saiG contract to O1 pora-
�VnSRCAs,the said Principal
erfortnatnce of said contract. ld ir1Dt'.L11Y AND DErOSIT C.oetrautlloriaed to traN s;act business
p al, al l�nud,and duty -_-__--
Npnv,'{utstrs:rottt:,Wc, the Principal' _---
under the laws Of the State Of
held and firlilly bound unto_----
anized and existing Surety, _-,--------------
the tionorg StateotCalifornia,asSu Y y-__^___-_---_' .-)
of --.._ NO/1Q0 !)ollars (s-- 33-900
C-ITY
under thelaw" OF CUPERTINO.__---- ------HUNDRED_& _ we bind our.
---- --_ -THREE THOUSAND-NINE__- - and resents.
- - _ -THIRTY-.__----- firmly bytbesep
aulu ot._----- the payment of which sum�id slevecally truly to be t"a e,
in the penal oitltly
lawful money of the 1)nited States, for his or its heirs,
by,aurJ well and trulry
•tt 'That,if the above bounded i'rinci{/al, there
selves,Our lleirs,executors,administra
tors.and successocs,
Tile C°' cessors or assigns,small ill all things stand to atnd abide
alteratioln
Nt'tIION OF'Tlt1S OLLiGAT10N Is SUL to time and in the mautter therein
administrators,suc conditions and agreements in the said contract and any
exec��t°rs, ertonned at t and save harmicss
keep and pertnrin tile coven ill, cr and shall indemnity---_..---ar' _-
�t and p
keep
n as thereinprovided,onitisorthe�ltheirtrueart to eiktentandrneanitTg, --_-----Y void--otherwiseitshall
specified,and i
nalirespectsaccording ---- ----dv
CITY ----- m anon shall become nu
ll all
OF CUPERTINO -------------"oblig
eats,as therein stipulated,then tlni.
file------------
tts officers and ag a extension O{ tittle,
Tees that no c{la"g ' ecifica-
be and remain ill tali force and virtue. hereby stipulates and agrees
hereunder Or tile sp waiYC
for value received, and it does hereby
And the said Surety, pions on this bond, a he work to e p the work
e shall in any wise atiect its obligations
unl ion or addition to the tents of the conitract or to
alteration Or addition to Slte terms°{the contract O` °
lions accotllpan}ing the
such change,extension of tint',afters 29TH------------------
or notice of a°ecifications.
to the sp
. 6oF,�,Ve have hereu>>to set our hands and seats tints___-------
iN WtTrtr•.ss Wttra __19_-9-- . ---
MARCH ------- CONSTRUCTION, INC------
day ot- ------- ----- _p & F--
rBY r ,._ car. �- °�- prs iPat -
O1; MARYLIiN
1,{vELi'f'Y AND U$i'USCT CUMI'ANY /
By-- _�__-_ - Fact
Atiorncv-bn-
HN R, FISC ER,
r`
i
rauucnl-aht.v.52 �lbri0
STATE OF CALIFORNIA )
SS.
COUNTY OF CONTRA COSTA )
On MARCH 29, 1991 _ before me,a Notary Pubiic,
personally appeared JOHN R. FISCHER
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 attorney-in-,act
of
and acknowledged to me that he(she) subscribed the corporation named�thheto as and his (her)
own name as attorney-in-fact.
NOTARY IC
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE,tlAtttMOSE,MO.
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.a corporation of the
State of Maryland, by C. M. PECOT, JR. , Vice-President,and C. W. ROBBINS
Assistant Secretary,in pursuance of authority granted by Article Vi,Section 2,of the By-Laws of said Company,which
reads as follows:
"The Chairman of the Board,or the President,or mny Executive Vice-President,air any of the Senior V'ce•Presidents or Vice-Presidents
specially authorized so to do by the Board o(Directars or by the Executive Committee,shall have poser,by and with the concurrence of the Secretary
or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys.in-Fact as the business of the
Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognirances,
stipulations.policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of
mortgages....and to affix the seal of the Company thereto."
does hereby nominate constitute and appoint John R. Fischer of Walnut Creek, California.
its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as
its act and deed: any and all bonds and undertakings. . . . . . . . . . .. . . . . . . . .
n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the
regularly elected officers of the Company at its office in Baltimore, Md.. in their own proper persons.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI.Section 2.of the By-Laws of said Company.and is
now in force.
IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their naives and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this _.......... .............day
of..........Febvaxy............................A.D. 19.-86...
»o = FIDELITY AND DIEPOSIT COMPANY OF MARYLAND
ATTEST:
EAL
Co
AmivantSeuetary ..._........ By ......................Vice•Prendent._.._..................
STATE or MARYLAND } SS.-
CITY OF BALTIMORE
On this 28 th day of Feb ruary A.D.19 86 ,before 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-President and Assistant Secretary of the FIDEUTY AND
DEPOSIT COMPANY or MARYLAND,to me Personally known to be the individuals and officers described in and who executed the preceding instrument,
and they each acknowledged the execution o(Ihe same,and being by me duly sworn.severally and each for himsel(deposeth and saith.that they are
the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal o(said Company,and that the
said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction o(the
said Corperation.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore.the day and year fits,above writ en.
CP
Notary Public�Ommission x J.uiy....l......N.O.6..
CERTIFICATE
1,the undersigned,Assistant Secretary of the FIDEUTY AND DEPOSIT COMP.\.%Y OF SIARYL%NO,do hereby certify that the original Power of
Attorney of which the foregoin6 is a full,true and correct copy,is in full force and effect on the date of this certificate:and I do further certify that the
Vice-President who executed t e said Power of Attorney was one o(the additional Vice-Presidents specially authorized by the Board of Directors to
appoint any Attorney-in-Facl as provided in Article VI.Section 2 of the By-Lows of the FIDELITY AND DEPOS(T COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDEUTY AND
DrPostT COMPANY Or MAItnAND at a meeting duly called and held on the 16th day of July,1969.
REsoLvm:"That the f kesimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or
hereafter,wherever appearing upon a certified copy of any Bower of attorney issued by the Company,shall be valid and binding upen the Company
with the same force and effect as though manually affixed.' 29TH
1N TEsT1MonY WHERWir.1 have hereunto subscribed my name and affixed the corporate seal of the said Company,this........._..........day
of.......MARCH..............................19... 91
Uat�-�iL 016_f3.736, _ _ .._..... . _. _.^�. __ - -..-...ta�:aane oto:j��._
rUK TVl.tt Y.1':U1l:.l." 11U.`: LUUIN. r Vt: i iir. rt`:✓ II c.1\..i."iINiti
STATE OF CALIFORNIA )
SS.
COUNTY OF CONTRA COSTA )
On MARCH 29, 1991 before me,a Notary Public,
personally appeared JOHN R. FISCHER —
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 attorney-in-fact
of
and acknowledged to me that he (she) subscribed the corporation na�d thereto asr'urety and his (her)
own name as attorney-in-fact. / �*
`.OTA P BLIC
BOND NO. 30305428
y
Fidelity and DepositCompany
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
PAYMENT BOND
(Section 3247-3252 inclusive , Civil Code)
(Premium included in Faithful Performance Bond)
KNOW ALL MEN BY THESE PRESENTS :
That, Whereas CITY OF CUPERTINO
his awarded to P & F CONSTRUCTION, INC.
as Contractor, a contract for the Work described as fo ows :
MCCLELLAN RD _
BARRIER RAIL PROJECT 91-112
AND WHEREAS , Said Contractor is required to furnish a bond in connection
with said contract , to secure the payment of claims of laborers , mechanics ,
materialmen , and other persons as provided by law;
NOW, THEREFORE , We the undersigned Contractor and Surety are held and
firmly bound unto the CITY OF CUPERTINO
n the amount required bylaw , the sum of
THIRTY-THREE THOUSAND NINE HUNDRED & NO/100*****;*********
Dollars for which payment well and truly to be made we b n
ourselves , our heirs , executors and administrators , successors and assigns ,
,jointly and severally , firmly by these presents .
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if said Contractor , his or its heirs , executors , administrators ,
successors or assigns , er :gbcontractors , shall fail to pay any of the
persons named in Civil Code Section 3181 , or amounts due under the Unemploy-
ments Insurance Act with respect `o work or labor performed by any such
claimant , or for any amounts requ --ed to be deducted , w' `hheld , and paid over
to the Employment Development Department from the wages of employees of the
contractor and his subcontractors pursuant to Section 13020 of the Unemploy-
ment Insurance Code , with respect to such work and labor , that the Surety or
Sureties herein will pay for the same in the amount not exceeding the sum
specified in this bond, otherwise the above obligation shall be void. In case
suit is' brought upon the bond , the said Surety will pay a reasonable
attorney ' s fee to be fixed by the court.
This bond shall inure o the benefit of any of the persons named in
Civil Code Section 3181 as to give a right to action to such persons or
their assigns in any suit brought upon this bond.
In Witness Whereof , We have hereunto set our hands and seals this 29TH
d a y of MARCH , 19 91
P & F CONSTRUCTION, INC.
�-` P� nc p a l
l/
FIDELITY AND D60SIT COMPANY OF MARYLAND
Surety
B •
UHN R. FISCHER, ATTORNY-IN-FACT
s
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
How Orna.BALTIMORE.MO.
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.a corporation of the
State of Maryland,by C. M. PECOT, JR. . Vice-President,and C. W. ROBBINS
Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which
reads as follows:
*'The Chairman of the Board,or the President,or any Executive Vice•President•or any of the Senior 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 of the Secretary
or any 'ne of the Assistant Secretaries,to appoint Resident Vice-Presidenis.Assistant Vice•Presidents and Anorneys-in•Fact as the business of the
Company may require,or to authorise any person or persons to execute on behalf of the Company any bonds,undertakings,recognizanees,
stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of
mortgages,... and to affix the seal of the Company thereto."
does hereby nominate constitute and appoint John R. Fischer of Walnut Creek, California. .
Its trus and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as
its act and deed: any and all bonds and undertakings. . . . . . . . . . . . . . . . . . . .
n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the
regularly elected officers of the Company at its office in Baltimore, Md.. in their own proper persons.
The said Assistant Secretary does hereby certify that the aforeguing is a true copy of Article Vl.Section 2,of the By-Laws of said Company,and is
now in force.
IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ...........?8rbL.............day
of..........Feb r;xazy............................A.D. 19..K..
.Of—%. FIDELITY AND DEPOSIT C051PANY OF MARYLAND
s,I, ATTEST: ;
SEAL e co 1 - -�- e .u. •
.tssistant$eoetary Icy ...........................President.......................
Yice-
STAsX Or MARYLAND
CITY OF BALTIMORE 1 '
On this 28 th day of February .A.D.19 86 ,before 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-President and Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY or MARYLAND,to me Personalty known to be the individuals and officers described in and who executed the preceding instrument,
and they each acknowledged the execution of the same,and being by me daly sworn.severally and each for himself deposeth and with,that they are
the said officers of the Company aforesaid,and that the seat affixed to the preceding instrument is the Corporate Seal of said Company,and that the
said Corporate Seal and their signsturesassuch officers ware duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
Ia TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seat•at the City"(Baltimore,the day and year first above writ an.
....................
�f Notary Public�ommission x ..Iuly. 1. ..1.90.6..
CERTIFICATE
1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF NIAItYL%No,do hereby certify that the original Power of
Attorney of which the foregoing is a full,true and zorrect copy is in full force and effector.the date of this certificate:and I do further certify that the
Vice-President who executed the said Power of Attorney was one of the additional Vice-President°specially authorized by the Board of Directors to
appoint any Attorneyin•Faet sa provided ir,Article VI,Section 2 of the ByLAws of the FIDELITY AND DEPosty CowPAny or MARYL,WD.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND
DrPostr COMPANY or MARYLAND at a meeting duly called and held on the 16th day of Judy,1969.
RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant 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 mama force and effect as though manually affixed.' 29TH
IN TEsnMONY WHEREOr.I have hereunto subscribed my name and of ized the corporate seal of the said Company,this....„..._„...„.... day
of......MARCH .......................19.„ 91
u-- fir. 0 16_4 7 3 G. _ ...lie nit_'aw;p`_„_
YUK 1 UCI-t .vi,L) 1 Eta 1 1V:i LUU :V'i: t Fir✓ Fa✓ %VA i[.RMARK
� - 0 `'
Iw 'J
0
City of C> perti"o
10300 Torre Avenue V.O. Box 580
Cupertino,California 95014 Cupertino.California 9SU15
Telephone: (408) 252-4505
Date:
Legal Publications
Peninsula Cox mmity Newspapers
P. O. Box 368
Cupertino, CA 95014
DOCI ma(S) FOR RMLICATION
Will you please putlish the enclosed document(s) in
the /!'y/ issue(s) of the Cupertino Courier:
P
our PUrchase order No. 22951 is authorization for this request.
DOWIHY COME MS, CMC
CITY CUM
encl.
post-it-brand iax transmittal memo 7671 a of pages
Fvo
To Co I
Phone
Dept.
fax M
Fe
,23-7. 70 i
s
A. BID DOCUMENTS
NOTICE TO CONTRACTORS
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
TRAFFIC SIGNAL MODIFICATION, on DE ANZA BOULEVARD at STEVENS CREEK BOULEVARD,
PROJECT 8602C.
The City of Cupertino, Santa Clara County, California, invites sealed
proposals for the construction of the work as delineated on the Plans and/or
in the Specifications, entitled TRAFFIC SIGNAL MODIFICATION, on DE ANZA
BOULEVARD at STEVENS CREEK BOULEVARD, PROJECT 8602C.
Plans, Specifications and Contract. Documents may be reviewed and copies
of same may be obtained at the office of the City Engineer, City of Cupertino,
10300 Torre Avenue, Cupertino, CA 95014, at no cost to the bidder. Special
attention of bidders is directed to Section 7 of the General Provisions for
full directions as to bidding.
Sealed proposals will be received in the Public Works Office. City
Hall, City of Cupertino, 10300 Torre Avenue, CA 95014, until 2:00 P.M. on
March 12, 1991, at which time they will be publicly opened and the comparative
totals read.
All proposals or bids shall be accompanied by cash, a cashier's check or
certified check payable to the order of the City of Cupertino, in the amount
of ten percent(108) of the bid, or by a bond in said amount payable to the
City of Cupertino. Said bond shall be signed by the bidder and a corporate
surety, or by the bidder and two(2) sureties who shall justify before any
officer competent to administer an oath, in double said amount and over and
above all statutory exemptions. Said cash or check shall be forfeited or said
bond shall become payable to the City in case the bidder depositing the same
does not enter into a contract with the City within ten(10) days after written
notice that the Contractor has been awarded the contract.
All bids shall be compared using the estimated quantities prepared by the
Engineer and the Unit Prices submitted. No incomplete nor interlineated
proposal or bid will be accepted. Bidders are required to bid on all items of
the proposal.
No federal funds are involved in this project, therefore, bids submitted
shall be invalidated by the failure of the bidder to be licensed in accordance
with the laws of tine Si'--ate of California,
No bid will be awarded to a Contractor who is not licensed in accordance
with the provisions of Division 3 of Chapter 9, "Contracts" of the Business
and Professions Code of the State of California. The contract shall not be
awarded to any bidder who does not possess the proper classification of
license.
Notice to Contractors Page 1 of 2
BID DOCUMENTS(continued)
PROJECT 8602C
All bids received will be reported to the City Council of Cupertino
within thirty(30) days of receipt, at which time the City Council will review
and act upon the bids submitted. Award, if any, will be made to the
responsible bidder whose proposal is most advantageous to the City.
The City of Cupertino reserves the right to reject any or all bids, and
further reserves the right to delete any item or items from the proposal or to
increase or decrease the quantity of any item thereof in conformance to the
Standard Specifications and these Special Provisions.
The Contractor shall furnish to the City a faithful performance bond and
a labor and material bond as required in the specifications.
It shall be mandatory upon the Contractor to whom the contract is
awarded, and upon all sub-contractors, to pay no less than the general
prevailing wage rates to all workers employed in the execution of the
contract as provided for in Section 7-1.01A of the Standard Specifications.
Payments to the Contractor will be made in cash by said City upon
submission by the Contractor and approval. by the Engineer of a progress
billing which reflects the value of the work completed. The, progress payments
made as work progresses will be payments on account and will not be considered
as an acceptance of any part of the material or workmanship required by the
Contract.
Pursuant to Section 4590 of the California Government Code, the
Contractor will be permitted, upon request and its sole expense, to substitute
securities for any moneys withheld by the City to ensure performance under the
Contract. Said securities will be deposited either with the City or with a
state or federally chartered bank as escrow agent.
Securities eligible for this substitution are those listed in Section
16430 of the California Government Code or bank or savings and loan
certificates of deposit, interest bearing demand deposit accounts, standby
letters of credit, or any other security mutually agreed to by the Contractor
and the City. The Contractor shall be the beneficial owner of any securities
substituted for moneys withheld and shall receive any interest thereon.
CITY OF CUPERTINO
By: a_4_zc_ GLJ ( , Date:
City Clerk
Published: MARCH 6, 1991
Notice to Contractors Page 2 of 2
14MCE TO CONTRACTORS
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
INFORMAL
MCCTEUM P.OAD BARRIER RAIL
The City of Cupertino, Santa Clara County, California invites sealed
proposals for the construction of the work delineated on the Plans or in
the Specifications, entitled, MCCLIIUW ROAD BARRIER RAIL, PROJECT' 91-112.
Said sealed proposals will be received in the Public Works office, City
Hall, City of Cupertino, California, until 2:00 P.M. TUESDAY, MARCH 26,
1991 at which time they will be publicly opened and the comparative totals
read.
All bids received will be reported to the City Council of Cupertino within
thirty (30) days of receipt, at which time the Council will review and act
upon the bids submitted. Award, if any, will be to the lowest responsible
bidder.
Payment will be made in cash by said City upon submission by the
Contractor and approval by the Engineer of a progress billing which
reflects the value of the work completed. The progress payments made as
work progresses will be payments on account and will not be considered as
an acceptance of any part of the materials or workmanship required by the
Contract. Pursuant to Section 4590 of the California Government Code, the
Contractor will be permitted, at its request and sole expense, to
substitute securities for any monies withheld by the City to ensure
performance under the contract. Said securities will be deposited either
with the City or with a State or Federally chartered bank as escrow
agent. Securities eligible for this substitution are those listed in
Section 16430 of the California Government Code or bank or savings and
loan certificates of deposit, interest bearing demand deposit accounts,
standby letters of credit, or any other security mutually agreed to by the
Contractor and the City. The Contractor shall be the beneficial owner of
any securities substituted for monies withheld and shall receive any
interest thereon.
All proposals or bids shall be accompanied by a cashier's or certified
check payable to the order of the City of Cupertino, amounting to ten (10)
percent of the bid, or by a bond in said amount and payable to the City,
sicuted by the bidder and a corporate surety, or by the bidder and two
sureties who shall justify before any officer competent to administer an
oath, in double said amount and over and above all statutory exemptions.
Said check shall be forfeited or said bond shall became payable to the
City in case the bidder depositing the same does not, within ten (10) days
after written notice that the contract has been awarded to him, enter into
a contract with the City.
Notice to Contractors Page , 2
Contractor shall furnish to City a faithful performance bond and a labor
and material bond as required in said specifications.
It shall be mandatory upon the Contractor to whom the contract is awarded,
and upon subcontractors under him to pay not less than said general
prevailing rates of per diem wages to all laborers, workmen, and mechanics
employed in the execution of the contract.
All bids shall be cxapared using the estimate of quantities prepared by
the Engineer of Work and the unit prices submitted. No incomplete nor
Interlineated proposal or bid will be accepted. Bidders are required to
bid on all items of the proposal.
No bid will be accepted from a contractor who has not been licensed in
accordance with the provisions of Chapter 9 of Division 3 of the Business
and Professions Code of the State of California.
The contract shall not be awarded to any bidder who does not possess the
proper classification of license.
Special attention of bidders is directed to Section 6 for full directions
as to bidding.
Plans, Specifications and Contract Documents may be raviewed and copies of
same may be obtained at the office of the City Enaj--aer, City Hall,
Cupertino, California, upon deposit therefore of $0.00 per set, none of
which deposit will be refunded.
The City of Cupertino reserves the right to reject any or all bids, and
further reserves the right to delete any item or items from the proposal
or to increase or decrease the quantity of any item thereof.
CITY OF CUPEf7MO
Date: 7 / By:
412� 4ityClerk.
Publish: Cupertino Cotzrier (informal bid)
March 6, 1991