91-013 Left Turn Lane Stevens Creek Blvd. At Wolfe Road Proj. 91-107 91-013 LEFT TURN LANE STEVENS CREEK BLVD.
AT WOLFE ROAD PROJ. 91-107
(INFORMAL)
CORMCI FOR PUBLIC WORKS
CONTRACT made on May 1, 1991 by the CITY OF CUPERTINO, a m anicipal.
corporation of the State of California, hereinafter called the CITY, and
COLLISHAW COr1SIRUCrION INC., hereinafter called Lane CONTRACIM.
IT IS HEREBY AGREED by the parties as follows:
1. THE CONTRACT DOTS. The omg3lete contract consists of the
following contract documents:
A. Plans and Specifications for STEVFNS CREEK BLVD. @ WOLFE RD.
LEFT TURN LANE PROTECT 91-107
B. Faithful Performance Bond, Labor and Materials Boni, Insurance
Certificate
C. This Contract
D. Bid Proposal referred to as Exhibit A
Any and all obligations of the CITY and the CONTRACTOR are fully set
forth and described herein.
All of the above dcx=ents 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 doc umer is
ccaqorising the complE:te contract are sometimes hereinafter referred to as
the Contract Docwroents. 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 WOW- The Contractor agrees to furnish all of the tools,
equipment, apparatus, facilities, labor, tranL taticn, and material
necessary to perform and ccuplete in a good and workmanlike manner, the
Work of SMENS CREEK BLVD. @ WOLFE RD. LEFT TURN LANE as called for, and
in the runner designated in, and in strict conformity with, the Alan and
Specifications prepared by: Mr. Bert J. Viskovich, Director of Public
Works and adopted by the City, which Plans and Specifications are
entitled, respectively, STEVENS CREEK BLVD. @ WOLFE RD. LEFT TEM LANE
Project 91-107 and which Plans and Specifications are identified by the
signatures of the parties to this oontract.
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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. COMPACT PRICE. The City agrees to pay, and the Contractor agrees
to accept, in full payment for the work above agreed to be done, the scum
of: THIRTY FOUR THOUSAND, FOUR HUNDRED TWERP DOLdAR.S AND N0/100
($34,420.00)
subject to additions and deductions as provided in the Contract Documents,
per Exhibit "A0l attached hereto.
4. DIspulES PEHTAiNiNG m PAImERP 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 b, 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. PEMUrS, CM4KMICE WITH IAW. 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. INSPEM70N 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. Shou:.d 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 Con`ractor's expense.
7. EXTRA CR ADDITIONAL WORK AND CHANGES. Eha d the City at av time
during the progress of the work require any alterations, deviations,
additions or missions from the Specifications c:r 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 th parties, or in aoaordance with the
rules of the American Arbitration Association if the partiea are unable to
agree. No extra work shall be performed or change be mad., except by a
written order from the City, duly authorized by resolution of its
governing body, and by all agencies whose approval is requinc-4 by law,
stating that the extra work or change is authorized, and no clam for an
addition to the contract sun, shall be valid unless so ordered.
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8. QW4GES 70 HE ET BWnMMML RF7Xn2EF2FWS. 7 e City shall have the
right to make changes in this Contract during the course of construction
to bring the coupleted irgwovemonts into compliance with environmental
requires 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 aoourdanoe 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. TERKENATION, AMENCKEM or MODIFICATIONS. This Contract may be
terminated, amended or modified, with the mutual consent of the parties.
The omrpensation payable, if any, for such terminatic n, 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. T E FOR COMPLETION. All work under this Contract shall be
completed: 30 WORKCDC 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 act 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.
11. INSPBCrION AND TESTING OF NtA MUAIS. The 0-xtractor 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. 24AMON FOR BREACH, ETC. If the Contractor should be adjudged a
bankrupt, or if he should mare a general assigrunent 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, ease and
terminate. In the event of any such termination, the City shall
irAediately 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
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the serving of such notice, the City may take over the work and prosecute
the same to completion by contract, or by any otter method it may df-m
advisable, for the account and at the else 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 conpleti,ng the
wank, 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 RICE TD WIgtMID CERTAIN AMfSUNTS AND MAKE APpLIC ATION
THERBDF. In addition to the amount which the City may retain under
Paragraph 21 of this Contract until the final completion and acceptance of
all work covered by the Contract., the City may withhold from payment to
the Contractor such an amount or amounts as in its judgment may be
necessary to pay just claims against the Contractor or any subcontractors
for labor and services rendered and materials furnished in and about the
work. The City may apply such withheld amount or amounts to the payment
of such claims in its discretion. In so doing, the City shall be deemed
the agent of the Contractor, and any payment so made by the City shall be
considered as a payment made under the Contract by the City to the
Contractor, and the "°:`y shall not be liable to the Contractor for any
such payment made in quod 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 substibate 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 SERVICE ZHER7DF. piny notice from one party to the other
under this Contract shall be in writing, and SbAll 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: 1125 MABURY RD., SAN JOSE, CA 95133 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 persons last a mm aicateL by him to the party
giving the notice, postage prepaid and certified.
15. ASSIGNUM OF CONI'RACr. Neither the Contract, nor any part thereof,
nor moneys due or to became due thereunder, may be assigned by the
Contractor without the prior written approval of the City.
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16. CCWIJANCE WrW SPECIFICATIONS OF MATERIALS. fiver 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 aie specified.
17. CONTRACT Ste. The Contractor shall furnish a surety bond in an
amount at least equal to one hundred percent (100%) of the contract price
as security for the faithful performance of this Contract. The
Contractor shall also furnish a separate surety bond in an amount at least
equal to one hundred percent (100%) of the contract prig 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 cf 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.
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 eontractu;-_l 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 _WAred of the Contractor under this contract shall
also contain an endorsement providing that thirty (30) days' notice must
be given in writing to the City of any pending Change in the limits of
liability or of any cancellation or modification of the policy.
(a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take out and maintain during the life
of this Contract Worker's Compensation Insurance and Employer's
Liability Insurance for all of his employees employee 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 6N'xker's
omgx-j ation or to undertake self insurance in acx-xxdance with the
provisions of the Code, and I will caVly with such provisions before
owmeencing the performance of the work of this contract".
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(b) IJME 7'I`Y INSEIPANCE. The C m*ractor 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 manly krmm as the #,X, C,
and U11 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 unit for each person, in an amount
not less than $1,000,000.00 on account of one accident, and Property
Damage 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 insurance, which shall also contain a
provision that the insurance afford therep.1 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
emmployees, have other insurance against a loss covered by such policy,
such other insurance shall be excess insurance only.
19. HOM HUMMS. The Contractor will save, keep, and hold harmless
the City and all officers, employees, and agents thereof from all damages,
costs, or expenses, in law or in equity, that may at any time arise or be
set up because of personal injury or damage to property sustained by any
person or persons by reason of, or in the course of the performance of
said work, or by reason of any infringement or alleged infringement of the
patent rights of any person or persons, firm or corporation in consequence
of the use in, on, or about said work, of any article or material supplied
or installed under this Contract. Notwithstanding the above, the
Contractor shall wherever it is necessary keep and maintain at his sole
cost and expense during the course of his operations under this Contract
such warnings, signs, and barriers as may be required to protect the
public. The provisions of the preceding sentence shall not impose any
liability upon the City and are for the express benefit of the general
public.
20. HOURS OF WORK. Eight hours of labor during any one calendar day and
forty hours of labor during any one calendar week shall constitute the
maximum hours of service upon all work done hereunder, and it is expressly
stipulated that no laborer, workman, or mechanic employed at any time by
the Contractor or by any subcontractor or subcontractors under this
Contract, upon the work or upon any part of the work conb mplated 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 im of the Labor Code of the State
of California, work performed by employees of Contractors in excess of
eight hours per day and forty hours during any one week shall be permitted
upon public work upon emRens<ation for all he worked in excess of eight
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hours per day at not less than one and one-half times the basic rate of
pay. it is father expressly stipulated that for each and every violation
of Sections 1811-1815, inclusive, of the Labor Code of the State of
California, all the provisions whereof are deemed to be ir; ated
herein, the Contractor shall forfeit, as a penalty to the City,
twenty-five dollars ($25.00) for each laborer, war, or mechanic
employed in the execution of this Contract by Contractor, or by any
subcontractor unr3er this Contract, for each calendar day during which said
laborer, worker, or mechanic is required or permitted to work more than
eight hours in any one calendar day and forty hours in any one calendar
week in violation of the provisions of said sections of the labor Code.
The Contractor, and each subcontractor, shall keep an accurate record
showing the names of and actual hours worked each calendar day and each
calendar week by all laborers, workmen, and mechanics employed by him in
connection with the work contemplated by this Contract, which record shall
be open at all reasonable hours lot the inspection ,af the City of its
officers or agents and to the Division of Labor Law Enforcement of the
Department of Industrial Relations of the Stag 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 sAcontractor 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 eMloyed by him or her connection with the public work.
(b) The payroll records enumerated ender subdivision (a) shall be
certified and shall be available for inspection at all �:easonable 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 reds 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 em nerated in subdivision
(a) shall be anode 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
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Standards The public shall not be given access to such
records at the principal office of the Contractor.
(c) Each Contractor shall file a certifiers copy of the records
enumerated in subdivision (a) with the entity that requested such rids
within ten (10) days after receipt of a written request.
(d) Any copy of records made available for inspection as copies and
furnished upon request to the public or any public agency by the awarding
bids, the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement shall be marked or obliterated in such a manner as
to prevent disclosure of an indiviAlua1'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 scbs + nt 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 ocupliance is effectuated. Upon
the request of the Division of Apprenticeship Standards or the Division of
Labor Standards Enforcement, such penalties skull be withheld from
progress payments then due.
(g) The body awarding the contract shall cause to be inserted in the
contract stipulations to effectuate this section. Such stipulations shall
fix the responsibility for compliance with this section on the prime
Contractor.
(h) The director shall adopt rules consistent: with the California Public
Records Act, (Ch. 3.5 (commencing with Section 6250) of Div. 7, Title
1. Gov. Ch.) and the Information Practices Act of 1977, (Title 1.8
(commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C.) governing the release
of such records, including the establt of reasonable fees to be
charged to reproducing dies of records required by this section. (Added
by Stats. 1978, Ch. 1249) .
1775.5 Nothing in this chapter shall prevent the employment of properly
registered apprentices upon public work.
Every such apprentice shall be paid the standard wage paid to apprentices
under the regulations of the craft or trade at whhich he is employed, and
shall be employed only at the work of the craft or trade to which he is
registered.
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Only apprenticz, 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
eligib]a 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 ants under which he is
training.
When the Contractor to when the oontract is awarded by the State or any
political subdivision, or any --AAxnntractor under him, in performing any
of the w+ork under the contract or subcontract, employs workmen in any
apprenticeable craft or trade; the Contractor and st:boontractor 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 certificate approving the Contractor or subcontractor
under the apprenticeship standards for the employment and training of
apprenticeships in the area or industry affected; provided, however, that
the approval as established by the joint apprenticeship committee or
committees shall be subject to the approval of the Administrator of
Apprenticeship. The joint apprenticeship or committees, subsequent to
approving the subject contractor or subcontractor, shall arrange for the
dispatch of apprentices to the Contractor or subcontractor in order to
comply with this section. There shall be an affirmative duty upon the
joint apprenticeship committee or committees administering the
apprenticeship standards of the craft or trade in the area of the site of
the public work to ensure equal employment and affirmative action in
apprenticeship for women and minorities. Contractors or subcontractors
shall not be required to submit individual applications for approval to
local joint apprenticeship committees provided they are already covered by
the local apprenticeship standards. The ratio of apprentices to
journeymen who shall be employed in the craft or trade on the public work
may be the ratio stipulated in the apprenticeship standards under which
the joint apprenticeship committee operates but in no case shall the ratio
be less than one apprentice for each five journeymen, except as otherwise
provided in this section.
The Contractor or subcontractor, if he is covered by this section, upon
the issuance of the approval certificate, or if he has been previrausly
approved in such craft or trade, shall employ the mmtx-x 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 ($3C,000.00) or twenty (20) working days or to
contracts of specialty contractors not bidding for work through a general
or prima contractor, involving less than two thousand dollars ($2,000.00)
or fewer than five (5) working days.
"Apprenticeable craft or trade," as used in this section, shall mean a
craft or trade determined as an apprentieeable occupation in accordance
with rules and regulations prescribed by the Apprenticeship Council. The
joint apprenticeship committee shall have the discretion to grant a
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certificate, which shall be subject to the approval. of the Administrator
of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth
in this section when it finds that any one of the following conditions are
net:
(a) In the event unemployment for tha previous three month period in
sucb area excess an average of 15 percent, or
(b) In the event the number of apprentices in training in such area
exceeds a ratio of 1-to•-5, Or
(c) If there is a showing that the apprenticeable craft or trade is
replacing at least one-thirtieth of its journeymen annually through
apprenticeship training, either (1) on a statewide basis, or (2) on a
local basis.
(d) If assignment of an apprentice to any work performed under a public
works contract would 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 member contractors will not be required to -ubmit
individual applications for approval to local joint apprenticehip
camiittees, 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
futxd or funds in each craft or trade in which he employs journeymen or
apprentices on the public work in the same amount or upon the same basis
and in the same manner as the other Contractors do, but where the trust
fund administrators are unable to accept such funds, Contractors not
signatory to the trust agreement shall pay a like amount to the California
Apprenticeship Council. the Contractor or subcontractor may add the
amount of such contributions in o mp uting his bid for the contract. The
Division of Labor Standards Enforcement is authorized to enforce the
payment of such contributions to the fund or funds as set forth in Section
227.
The body awarding the contract shall cause to be inserted in the contract
stipulations to effectuate this section. Such stipulations shall fix the
responsibility of compliance with this section for all apprenticeable
occupations with the prim 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)
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1777.6 It shall be unlawful for an a ployer of a labor union to refuse
to accept otherwise qualified evplcyees 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 factor willfully fails to ooply 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 norKxmpliance 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. Notwithstanding the
provisions of section 1727, upon receipt of such a determination the
awarding body shall withhold from contract progress payments then due
or to become due such sum.
(b) Any such determination shall be issued after a full investigation, a
fair and ;martial hearing, and reasonable notice thereof in accordance
with reasonable rules and procedures prescribed by the California
Apprenticeship Council.
(c) Any funds withheld by the awarding body pursuant to this section
shall be deposited in the general fund if the awarding body is a state
entity, or in the equivalent fund of an awarding body if such awarding
body is an entity other than the state.
The interpretation and enforcement of Sections 1777.5 and 1777.7 shall be
in accordance with the rules and procedures of the California
Apprenticeship Council. (Amended by Sta'..s. 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 ($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 cmply with all
provisions of Section 1775 of the L-A= Code.
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 Wilch no minimum wage rate is herein
specified, the Contractor shall immediately notify the City, who will
prouptly thereafter determine the prevailing rate for such additional
trade or occupation and shall furnish the Contractor with the minin a 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
empla meet of the person affected and during the continuance of such
employment.
11
22. ACCIDENT PRFcl>rIMCI. Precaution Shall be exercised at all times for
the protection of perc.ons (including e0pioyees) and property. The safety
provisions of applicable laws, building and oonstruction 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. PAYMFM'. Payment will be made in acnordannce with the attached
payment schedule. The City will male 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 Mice of acceptance
of ompletion of all work covered by this Contract, if such notice be
recorded within ten days after the acceptance of eo pletion of such
contract as evidenced by resolutian 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 m1rletion 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 '.ast Tuesday of each month,
delivrzw said certificates under hand to the City, or in lieai of such
cxtif'icates, 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 eoapletion. In event of the failure of
the City's representative to furnish and deliver said certificates or any
of them or in lieu thereof, the writing aforesaid, within ten (10) days
after the times aforesaid, and after written demand has been made Lpon him
for the same, the Contractor may file demand with the City, and, in event
sa. i certificates are not furnished within ten (10) days thereafter, the
same small become due and payable.
In case the City's representative delivers the writing aforesaid, in lieu
of the certificates, then a eoamplianee 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 acceptanc-e of the work done 14) 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. PR=DCI'ICN OF PUTAUC UTILITIES. The Cit-I 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
relocating or repairing damage to utility facilities nit 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 maces on,
or adjacent to, the construction site. The Contractor shall not be
assessed liq aidated. damages for delay in eoupletion 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 do..scribed, he shall immediately notify the
city in writing.
25. ODNTRAMOR'S RESPONSIBIISTY FOR THE WOW. 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
irmwance premiums a separate bid item, obtain the insurance to indemnify
the City for any damage to the work caused by an Act of Cod. "Acts of
God" shall include only the following occurrences or conditions and
effects: earthquakes and tidal waves, when such occurrences or eaxdi.tions
and effects have been proclaimed a disaster or state of eme gency by the
Governor of the State of California or by the President of the United
States, or were of a magnitude at the site of the work sufficient to have
caused a proclamation of disaster or state of emergency having occurred in
a populated area. Subject to the foregoing, the City shall not, in any
way or manner, be answerable or suffer loss, damage, expense or liability
for any loss or damage that may happen to said building, work, or
equipment or any part thereof, or in, on, or about the same during its
construction and before acceptance.
26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the
first-class quality of all workmanship and of all materials, apparatus,
and equipment used or installed by him or by any subcontractor of supplier
in the project which is the subject of this Contract, unless a lesser
quality is expressly authorized in the Plans and Specifications, in which
event the Contractor unqualifiedly guarantees such lesser quality; and
that the work as performed by the Contractor will conform with the Plans
and Specifications or any written authorized deviations therefrom. In
case of any defect in work, materials, apparatus or equipment, whether
latent or patent, revealed to the City within one (1) year of the date of
acceptance of completion of this Contract by the City, the Contractor will
forthwith remedy such defects without cost to the City.
27. LIQUIDATED DAMAGES. Time shall be of the essence of this
Contract. If the Contractor fails to eanplete, within the time fixed for
such completion, the work hereinbefore mentioned and described and hereby
contracted to be dcne and performed, he shall become liable to the City
for liquidated damages in the sum of ONE HUNDRED FIFTY DOLIARS ($150.00)
for each and every calendar day during which said wore shall remain
uncompleted beyond such time for amcpletion or unlawful extesesion 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
be deducted by the City from moneys due the Contractor hereunder, or his
assigns and successors at the time of copletion, and his sureties shall
be liable to the City any excess.
28. ADDITIONAL PROVISIONS.
None
13
CORPORATE ACKNOWLEDGMENT
Ftaut __ On this the '� 3 day of 19 1L ,before me,
TG, �l 0.
the undersigned Notary Public,personally appeared
personally known to me t'
, K"UEY proved to me on the basis of satisfactory evidence
A. N� to the person(s)who executed the within instrument as
4 �'`' %,�A ` - --_or on behalf of the corporation therein
jay a A �At< < 3 y iful
` -� „� named,and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
nN
j'
cti � n
Notary's n lure _-._-
ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this ctrtifi.ate to another docurnent.
LDESCRIBEDAT
ERTIFICATE Title or Type of Document
BE ATTACHED Number of Pages— __.-._Date of DocumentTOE DOCUMENT
RIGHT: Signer(s)Other Than Named Above 7120019 NATIONAL.NOTAW ASSOCIATION•8236 Pam"t Ave.•P.O.Box 7184•Canoga Pork,CA 91304-7184
P. 0. 140.
IN WITNESS WHEREOF, the parties have executed this Coact, in
duplicate, the day and year first hereirkadmve written.
CITY OF C UPERTINO
Approved as to form
City Attorney Bert J. Viskovich
Director of Public Works
Date/Q4%L4 — May 13, 1991
aMTI'RACIOR: COLL•ISFAW CONSTRUCTION, INC.
r
y
a
Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary
a ad)m wladgme r►t required.
Project Name and Ramber: Stevens Creek Blvd. a Wolfe Rd. Left Turn Lane
Project 91-107
Contractor's Name: Caollisshaw Construction, Inc.
contractor's Address: 1125 Mabury Road, San Jose, CA 95133
Contract Amount: TMM FOUR THOUSM FUM TMII'Y DOLLARS AND NO/100
($34,420.00)
Account Number: 110-9403-953
14
1990 CAPITAL IMWVDSW PAS SCHEDULE
QUAkITITIES CLIT' OFF LINE CHBCK RELEASE DATE
>:RIDAY 5;00 PM FRIM
JANI M 12 JANUARY 26
Fri 9 F RLIARY 23
MARCH 9 MARCH 23
APRIL 6 APR,IL 20
MAY 4 MAY 18
JUKE 1 Yf W!l 15
JUNE 29 JUIS 13
JULY 27 AUO%T.ST 10
AUGUST 24 SEPTI`EMBER 7
SEPTEMBER 21 OCTOBER 5
OCTOBER 19 NOVII4M 2
NOVEMBER 16 NO" r`MBER 30
DEER 14 DDT 28
15
BID PROPOSAL
STEVENS CREEK BOULEVARD @ WOLFE ROAD LEFT TURN LANE
PROJECT 91-107
TO* THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the plans and Specifications for the work of the
Stevens Creek Boulevard @ Wolfe Road left turn lane Project 91-107 in the
City of Cupertino, Project 91-107 I, the undersigned, hereby declare that
I have read the proposal requirements, visited the sites, and examined the
specifications. I, the undersigned, hereby propose to do all work
required to complete the work in accordance with the Plans and
Specifications for the prices set forth in the following schedule. I
further understand that said prices include all costs including, but not
limited to, local state and federal taxes, and transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given as a basis for comparison of bids. The City
of Cupertino does not state that the actual amount of work will correspond
but reserves thn right to increase or decrease the amount of any class or
portion of the work or to omit items or portions of the work deemed
unnecessary 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
procedures.
The work to be done consists of furnishing all labor, methods of process,
tools, machinery and material required to complete the Stevens Creek
Boulevard @ Wolfe Rd. left turn lane Project 91-107 as described in the
Special Provisions.
In the event of discrepancies between the written unit price and the
numerical unit price, the written price shall govern.
I the undersigned, shall diligently prosecute the work to completion
before the expiration of 30 working days. I further understand that I
shall pay to thfi City of Cupertino the sum of One Hundred Fifty Dollars
per day, for each and every calendar day's delay beyond the times
established in this proposal for each and every portion of the completion
process described in the time for completion portion of this proposal.
BID PROPOSAL PAGE 1 OF 7
•
ESTIMATED QUANTITIES
The bid prices for this project shall be as outlined below:
HID EST. QTY.
J= UNIT ITEM UNIT_PRICE_ TOTAL
1. 1 L.S. Traffic Control & Signing S /L.S.
2. 1 L.S. Clearing & Grubbing $ /L A.
3. 265 L.F. Remove Existing Curb .
4. 1 L.S. Excavation, Grading and 4 CIO
Sub-Grade Preparation S� /L.S. $�_
5. 265 L.F. Install City Standard
A2-8 Curb and Gutter S__[��/L.F. $ 'A 50S•
6. 1 L.S Construct Conform to
Existing Curb S ' ' /L.S. S 30®.-'
7. 1 L.S Install Flat Grate Drop «►
Inlet $ 2 OG1C1.� /EA.
8. 35 L.F. Install 12" R.C.P. $ l�O. - /L.F. S
9. 1 EA. Install Storm Drain Manhole S /EA•
10. 145 Tons Install A.C. Deeplift S®J /Ton S
Total Sid $ A
V
Cv,AV
BID PROPOSAL PAGE 2 OF 7
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 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 $ lox , au required by law and the Notice to Bidders.
(10% of bid amount)
810 PROPOSAL PACE 3 OF 7
f
A. BID DOCVKENTS, Continued
BIDDER QMIFICATION 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
utterance of the information is hereby guaranteed.
(1) How many years has your organization been in
business under its present name? 7} 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? 7} YEARS
(3) Contractor's License No. 449324
State of California, Classification A,B,C27
Expiration Dates 11/91
(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. SEE ATTACHED
Year Class. Location of Work and for Whom Performed Contract Amount
SEE ATTACHED
BID PROPOSAL PACE 4 OF 7
A. BED DOCUMENTS, Continued
Name of Proposed Sub-Contractore, if any
(Section 4104, Government Code)
1. _&61 ar.
2. R• 11. G��- Ault
3.
4.
5.
6.
Address if Shop or Office of Sub-Contractors
(Section 4104, Government Code)
1. S�DJ__40S J
2. `nR3
3.
4.
S.
6.
Work to be Performed by Sub-Contractors
(Section 4104, Government Code)
1. /.JYD.Ya&?OIJA�®
2. 0-0,1 wam
3.
4.
5.
6.
bID PROPOSAL PACE 5 OF 7
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 CORPORATION, STATE LEGAL NAME OF CORPORATION,
ALSO NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED. THE INFORMATION CONTAINED IN THIS BID IS BEING MADE
UNDER PENALTY OF PERJURY.
TYPE OF I9USINESS: individual:
Co-Partnership
PRESIDENT/CFO - Corporation COLLISHAW CONSTRUCTION, INC.
ESTHER COLLISHAW
SECRETARY - Joint Venture
MARK COLLISHAW
Other
(Describe)
Name and Signature of Bidders
COLLISHAW CONSTRUCTION, INC.
(Print)
Eff-H-1-T COLLISHAW (Signature)
Address (Both mailing and location addressee) :
1125 MABURY ROAD
SAN JOSE, CA 951.33
Y.O. BOX 611718
SAN JOSE, CA 95161 1718
Telephone Number:
L408 1 995 3404
Dates APRIL 301 1991
Addendas Received:
n 2 3 A S
BID PROPOSAL. PAGE 6 OF 7
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
State of California as.
county of Santa Clara
ESTHER COLLISHAW , being first duly sworn, deposes
and says that he or she is PRESIDENT of_ COLLISHAW CONSTRUCTION, INC.
the 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 clouded, 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 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
any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or
sham bwd.
Name and Signature of Bidder%
CORPORATE ACKNOWLEDGMENT
Stale of On this the day of 19_` ,-)
-- before me,
County of S&
the undersigned Notary Public,personally appeared
•. personally known to me
'.r.�'.EY Ia Proved to me on the basis of satisfactory evidence
„uit;�No tc�,hy the pens n(s)who executed the within instrument as 1
hhy Carsn>lten�;,Ires ----- -- or on behalf of the co{poraGon therein
22.1994 named.and acknowledged to me that the corporation executed d.
WITNESS my hand and official seal.
Notary's a ��—
ATTENTION NOTARY:AJIhOLQh the into i'llab t requested Uekm is OPTIONAL.d ccxM prevent truucklent attactvrteru of it"cots cato to a wvw doament.
THIS CERTIFICATE Title or Type of Document
MUST BE AtTACFiED Number o!Pages TO THE DOCUMENT g Date of Document
DESCRIBED AT RIGHT: Signers)Olher Than ad A
° ...,timo. -- -mow� ss:� r+�✓1r.L�s.►a.��d.s.r'r ���.r'.�b.t►�-'�'►. .i.�l Y.
NIZA0 OPPICC. PMIL DCLP"IA, PENNSYLVANIA
Bond No.
BID BOND
APPROVEO apt THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A.DOCUMENT NO.A-310(FEB. 1070 EO.I
KNOW ALL MEN BY THESE PRESENTS, that we
COLLISRAW CONSTRUCTION, INC.
as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of
Philadelphia.Pennsylvania,a corporation duly organized under the lawns of the State of Pennsylvania,
as Surety, hereinafter called the Surety,are held and firmly bound unto
CITY OF CUPERTINO
as Obligee, hereinafter called the Obligee, in the suns of 10% OF THE AMOUNT BID
Dollars (S 10% )�
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
'WHEREAS, the Principal has submitted a bid for
""^-� �aLt?I: ROAD - LEFT TURN PROJECT.
State of California,
Coll of -
"°�� SS.
On this--� 29th
personal( --.day Of I►PRZL
y appeared JONN
on the basis of satisf J• LOUC`'"' in the year 1997
Of RELI factory evidence) �-~NN
ANCE INSURANCE iO be the person before me Notar
instrument, COMPANY whose n~-"-"'--• Personally knolnrn to y of R and• acknowled a �= subscribed la Public
9 d to me that RE this instrument as the(or proved to me
IIANCE is
Attorne -
NCE COMPANY y !n•Fact
OFFICIAL NUTAIly SEAL NY executed the
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John E. Vance A,eaxon, sr„nsev of fir RELIANCE INSURANCE COMPANY.an howet aeltftb ilia tat
retry tafaVWq 's 41 ~Glad aepeee doer of a Pbae® at Anornet Guapslad dos 4ed RICUANCs INSURANCZ COMPANY.often•ads is fit faro
&Odom.
f/a 1It1ITWen'/to+ER11f9P,i%rare feavawata at tied liras eats trttlased tft tall of end CQW%VPtt 00 29th o"of APRIL,r 1991 Is
tlO W-t.►9t r.t► eo�a �
CITY OF CUPERTINO 7
INTERDEPARTMENTAL Date May lb. 1991
To CITY CLERK From PUBLIC WORKS--SUMI
C1 Information MESSAGE: STEVENS CREEK BOULEVARD AT WOLFE ROAD (Informal Bidding)
C1 Implement LEFT TURN LANE PROJECT 91-107
C1 Investigate
CI Discuss Transmitted for your records:
gee me 1. Fully executed copy of contract.
� Reply
2. One copy each faithful performance bond and labor and material
bond. Sxxaly Reliance Insurance Company
Bond No. B1827985
3. Certificate of Insurance, 5/8/91. —
Reply: sm
attach.
SIGNED: DATE
Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply
u
} � � 5 8/91
�. �
PRODUCER THN CERTIFICATE IS W3MIED AS A HATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON TOTS CERTIFICATE HOLDER.THIS CERTIFICATE
Dorsey, Hazeltine & Wynne DOSS NOT AMEND,EXTEND ON ALTER THE COVERAGE AFFORDED BY THE
P.O. Box 50307 LI OUCIES Hkow.
Palo Alto, CA 94303 COMPANIES AFFORDING COVERAGE
4ETTFA
DMPmY A Aetna C & S
COMPANY
INSURED LINTER
13
Collishaw Construction, Tnc. COMPANY
P.O. Box 611718 TER C
San Jose, CA 95161-1718 COMPANY
LETTER g
COMPANYLETTER E
M77
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONr'AON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE Ar FORDED BY THE POLICIES DESCRIBED HE9EIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER POLICY
(MM/DO/YY) DATE(MbUDD/YY) LIMITS
GENERAL LIABILTTY GENERAL AGGREGATE s2,000
X COMMERCIAL GLNERAL t IABILITY C05 7 9 4 2 3 0 CCS 1/l/91 l/1/9 2 PRODUCTS-COMP)OP AGG. s2,000
A CLAIMS MADE X OCCUR. PERSONAL 6 AOV.INJURY 111, 000
OWNER'S 6 CONTRACTOR'S PROT. EACH OCCURRENCE S1,000
X Broad From FIRE DAMAGE(Any one fire) S 50
x Contractual MED.EXPENSE(Any ore peraon) S 5
AUTOMOBILE LIABUJITY
COMBINED SINGLE $l O O O
X ANY AUTO FJ953386CCA 1/1/91 l/l/92 LIMIT
A ALL OWNED AUTOS BODILY INJURY
SCIfEDULED AUTOS (Per parson) f
X HIRED AUIOS BODILY INJURY
X NON-OWNED AUTOS (Per accufenl) $
GARAGE LIABILITY
PROPERTY DAMAGE S
EXCESS LIABILITY EACH OCCURRENCE f 1, 0 0 O
,A X UMBRELLA FORM XS 0 2 0 8 6 216 6 1/1/91 1/l/9 2 AGGREGATE $1,0 0 0
OTHER THAN UMBRELLA FORM
GTATUTORY LIMITS
WORKER'S COMPENSATION
EACH ACCIDENT f
AND
DISEASE—POLICY LIMIT S
EMPLOYF•RS'LIABILITY
DISEASE—EACH EMPLOYEE f
� OTHER
A Equipment IH5794230FCS 1/1/91 1/1/92
I
DESCRIPTION OF OPERATWI&MOCATIONSIVEHICLESWFCML ITEMS
All operations of named insured as covered by policy and all endorsements
thereto as respects: Stevens Creak Blvd @ Wolfe Road Left turn Lane Project
.. .. Y.,... -, .+ ... w '" � r,� ..., {P 71, ''t.., � ..F 9TA}" 0. -. .. �4.st .F ^1 L 7�� {
City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
10300 Torre Avenue EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL E41101111191001
Cupertino, CA 9501.4 MAIL__GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, R
AUTHORIZED NTATIVE
ic
• rr.e. r. 7 ds• A a P s 1"r
ths waarbamem mcaffies insuuanca ;rovidec under me tailowing:
WNC 13 AN IN—S jAM (ae== 10 is ammgndsd Z in=9 w an aMrad Me Assn or crgam=cn snow in
3:eduie. but =1y with rQ=m= m IM&Y seising out of 'Y= wCm* for MM insua+sQ by or ftr you.
NQAR�g!SCN ag C9C-ANtA-Srrm'
w
City of Cupertino
Insured: Collishaw Construction, Inc.
Job: ' Stevens Creek Blvd @ Wolfe Road. Left turn lane Project
91-107.
THIS tNSURANCE 13 PRIMARY WITH RW%C'T TO THE ADDITIONAL 1X=R80. My
ME.I 1 NRi"C= AVA►d LAN"I TO TMAT PE85C1+! OR ORGAN 1 ZAT I ON 13 IXCZSS AND
NCNCDNTR 181JT I NG.
rdo
CORPORATE ACKNOWLEDGMENT NO.Z2
State of X-1, On this the IL day of 411 Q 19_QJ,before me,
SS.
County of _72
the undersigned Notary Pubic,Personally appeared
personally known to me
J proved to me on the basis of satisfactory evidence
� I L 'f L
C,-,11 f c n i c, I e the persoq(s)who executed the within instrument as
or on behalf of the corporation therein
'Q
d-,22, 1 W-. named,and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary' ign�ture
ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another clocumeot
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Si,r(s)Other Than Named Above
7120019 NATIONAL NOTARY ASSOMATiON.&�wPamimt Ave.-po.Box 7184-Canop ReA.CA 913D4-7184
State of California, l
County of
Santa Clara t SS.
}
8 May 1991
On this h dbv. ofL t__ in the year before me Notary of Public
personally appeared
personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-In-Fact
of RELIANCE INSURANCE COMPANY and, acknowi2dged to me that RELIANCE INSURANCE COMPANY executed the
instrument.
OFFICIAL tmTARY SEAL
Pt TF?li;lA ELUS
e
My Commission expires 19
Notary Public in and for said County
BDR-1818 ED.6183 (CALIF.)
Bond # : B1827985
Bond Premium: $372.
FAITHFUL PERFORMANCE BOND
KNOW ALL PIEN BY THESE PRESENTS:
THAT WE, COLLISHAW CONSTRUCTION, INC.
as Principal and Re]�iaXLe Ingurance Company .
as Surety are held apd firmly bou d unto the Ci of Cue ti S to of California
in the sum of Thirty four thousand and Your h�nc�re�'an� twenty Dollars
($ 34,420. ) lawful money of the United States, for the payment
of which will and truly to be made, we bind ourselves, our heirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that,
V IEREAS, the Principal has entered into a contract dated May 1, 1991
with the Obligee
to do and perform the following work to-wit:
Stevens Creek at Wolfe Road - Left turn lande Project 91.-107
NOW, THEREFORE, if the said Principal shall well. and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; othe raise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly e ecuted by the Principal
+ and Surety this 8 day of May 19 91
(To be signed by Principal
and Surety and acknowledgment.)
Collishaw Construction, Inc.
Prat ,ipal
a
Surety Reliance Insurance Company
By: �q ---
At n y-in- a t John J. Loughran
The above bond is accepted and approved this day of _ 19
"0 •
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areaf.o.aya is •/T .afraalne �seswasn
State of California,
Santa Clara SS.
County of
* 8 May 1991
On th.*s _ day of in the year_ before me Notary of Public
Personally appeared— JOhn J. Loughran personally known to me (or proved to me
► on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-In-Fact
of RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the
instrumer7'
CxFFI=.IAA.NOTARY SEAL
RIC!A ELLIS
,,�n',
My Commi,'sion expires ___ — 19 —
Notary Public in and for said County
BDR-1u18 ED,e3/83 (CALIF.f
Bond B1.827985
• Bond premium included
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
COLLISHAN CONSTRUCTION, INC. _-
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and incorporated herein by reference.
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors, shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the
Surety on said bond shall pay the same to the extent hereinafter set forth;
t NOW, THEREFORE, we, the Principal, and Reliance Insurance Company
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materiaimen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and All persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of Thirty four thousand and four hundred
and twenty dollars
($ 34 , 420 . ) .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the
same and also will pay in case suit is brought upon this bond, such reasonable
attorney's fee as shall be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1184. 1 of the Code of
Civil Procedure, so as to give .a right of action to them or their assigns in
any suit brought upon this bond.
CORPORATE ACKNOWLEDGMENT No Z2
State of __1 � Qn this the day of 19 9�,before me,
County of
the undersigned Notary Public,personally appeared
persona",ly known to me
A ❑ proved to me on the basis of satisfactory evidence
to the persons) ho executed the within instrument as
� C �
t, r t' T,' L_ 'r _—_or on behalf of the corporation therein
named,and acknowledged to me that the corporation executed It.
�, WITNESS my hand and official seal.
Notary' Signature
ATTENTION NOTARY:Although the information req,rested below is OPTIONAL.it could prevent trauduent attachment of this certificate to another dOCOment
THIS CERTIRCATE Title or:ype of Document
MUST BE ATTACHED Number of Pages_. __.__-__ _ _ __._ Date of Document _
TO THE DOCUMENT _--- _---__-_-
DESCRIBED AT RIGHT: Signer(s)Other Than Named Above
7120 019 NATIONAL NOTARY ASSOCIATION•8236 Rernmet Ave.•P.O.Box 7184-Guxjga Park,CA 91304 7184
Labor and Material Bond Page Z
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this 8 day of May , 19 91
Collishaw Construction, Inc.
(To be signed by Principal Pripc pal
and Surety. Notary
acknowledgments required.)
Surety Reliance Insurance Company
By: c�u—
ttg`rney-' -Fact John J. Loughran
The above bond is accepted and approved this day of
19
d
6/17/85
fetter �w•C,..wat..Ir82f�L.veaA. te•iauraee
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