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87-025 Wingard Engineering, Modification of Traffic Control System & Safety Lighting Homestead / Hollenbeck / Stelling, Project No. 4017 1 • , ON of Cupertino 10300 Torre Avenue Cupertino, California 95014 P.O. Box 580 Telephone: (408)252-4505 Cupertino,California 95015 DEPARTMENT OF THE CITY CLERK July 31, 1987 Wingard Engineering P. O. Box 7205 Fremont, CA 94536 HOMES' TEAD ROAD AND HOI,i,ENBECEc/S TELLI TG TRAFFIC Sl01AL MODIFICATION, PROTECT 4017 We are enclosing to you for your files one (1) copy of the Contract for Public Works by and between the City of Cupertino aid Wingard Engineering, which has been fully executed by City Officials, award of contract was approved at the regular meeting of the City Council of the City of Cupertino, on July 6, 1987. Enclosed please find your bid bond. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERT NO DC/so encl. cc: Department of Public Works • • • CONTRACT FOR PUBLIC WORKS CONTRACT made on July 29, 1987 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and WINGARD ENGINEERING ,hereinafter called the CONTRACTOR. • IT IS HEREBY AGREED by the parties as follows : 1 . THE CONTRACT DOCUMENTS . The complete contract consists of the following contract documents : A. Plans and Specifications for HOMESTEAD RD. & HOLLENBECK AVE/STELLING ROAD . TRAFFIC SIGNAL MODIFICATION PROJECT 4017- B . Faithful Performance Bond, Labor and Materials Bond, 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 documents are intended to cooperate so that any work called for in one and not mentioned in- the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents . In case of conflict between the Plans and the - Specifications on the • one hand, and this Contract- on the other, the Plans and Specifications shall prevail. 2 . THE WORK. The Contractor agrees to furnish all of the tools , equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of Homestead Rd.& Hollenbeck Ave/Stelling Rd. Traffic Signal Modification, Project 4017 as called for, and in the manner designated -- in , and in strict conformity- with, the Plans and Specifications prepared by : Mr . Bert J . - Viskovich-,- Director of Public Works . and adopted by the Ci t1,2--which Plans and ` Specifications are entitled, respectively, Homestead Rd. & Hollenbeck Ave.! Stelling Rd. Traffic Signal Modification, Project 4017 — - - -. - - --- - " Page 1 • and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J . Viskovich, Director of Public Works. 3 . CONTRACT PRICE. The City agrees to pay, and the Contractor • agrees to accept, in full payment for the -work- above agreed- to -be done, the sum of: EIGHTY ONE THOUSAND SIX HUNDRED. SIXTY AND 50/100 DOLLARS ($81,660.50) - subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4 . DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the- work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any -payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the-agreement of prices, ---if- - - - applicable, or in accordance with the agreement of the parties, or • in accordance with the rules of the- American Arbitration Association if the parties are unable to-agree. • - S. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all, necessary permits and licenses, easements, etc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the • preservation of the public health and safety. • 6 . INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection • by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to ' be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for . inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent; it must, if required by the City, be uncovered for examination at the Contractor's expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, • Page 2 • >r3.u..,• .� i..:: v:m,:..v. .. .._m... 4 �::s:,^ ♦♦...-r :'/., r .r. .. -. r.r .... .. urr ♦ . • • 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, asthe case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices , if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of . its governing body, and by all agencies whose approval is required by law, stating that the extra wor.k_ os change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance - withenvironmentalrequirements 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 changeseitherby reference to the unit prices, if applicable, or in accordance with the agreementofthe parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9 . TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract _may be terminated, amended or modified, with the mutual consent of the parties . The compensation payable, if any, for such -termination-, . amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance -with- the agreement of the parties, or •in accordance with the rules of the- American Arbitration Association if the parties are unable to agree. 10 . TIME FOR COMPLETION. All work under this Contract shall be completed: 1. Traffic signal poles/hardware erected on or before 9-22-87; 2. Traffic signal system completed/operating on or before 10-13-87. The actual dates for completion shall be the dates set forth above plus the number of calendar days between bid opening and the execution of the contract. If the Contractor shall be delayed in the work by the acts or neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor' s control, or by delay authorized by the City, or by any cause which the City shall -determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery 'of damages for delay by either party under other provisions in the Contract Documents. Page 3 11. INSPECTION AND TESTING •OF MATERIALS . The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this -Contract, in order that the City may arrange for mill or factory inspection and testing of the .same, if the City requests such notice from the Contractor. ' 12. TERMINATION FOR BREACH, ETC. if the, Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the -City. may serve written notice upon him anl his surety of its intention to terminate -the Contract, such notice to contain the reasons for such. intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the -surety shall have the right , to take- over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract, or does- not commence performance thereof within thirty days fromthedate of the serving of such notice, the City may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable-,—for the — ac-count -and -at the expense of the Contractor, and the Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the -City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other pioperty belonging to the Contractor as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final . completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract- by the City to the Contractor, and the City shall not be liable to the Contractor for any_such payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to substitute securities 'as provided in Section 4590 of the California Government Code as more fully described in the City' s Notice to Contractors. • Page 4 • 14 . NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such 'notice, or by a duly authorized representative of such party. -Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in ' the United States mails, enclosed in a sealed. envelope, addressed to the City, postage prepaid and certified; (b) if the noticeis 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: WIN/GARD ENGINEERING P.O. BOX 7205, FREMONT, CA 94537 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal d-elivery to such surety or other person, or by depositing the same in the United ' States mails, enclosed in a sealed envelope, _addressed to such surety or person, as the case may be., at the address- of-such surety or person last communicated by him to the party giving the notice, postage prepaid and certified-. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16 . _ COMPLIANCE WITH .SPECIFICATIONS OF MATERIALS : -Whenever in - the Specifications, any material or process is indicated or specified by patent _or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless Che City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Contract. The. Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the' contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted. to be done, or for performing any work or labor- thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney' s fee to be fixed by the court in case suit is brought upon the bond. Page 5 • 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 modification of the policy. (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take :ut and maintain during the life of this Contract Worker's Compensation Insurance and Employer' s Liability Insurance for all o-f his employees- employed at the--s-ite of the project and,in ca-se- any work ia -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 o-f the- Labor Code: -- "I am aware of the provisions of Section 37-a0 of the Labor Cade ' which require _ every employer to be insured-against liability for - worker's compensation or to undertake self insurance in • accordance with the provisions of the Code, and I will comply • with such . provisions before commencing -the performance of the work of this contract." • (b) LIABILITY INSURANCE. The Contractor shall take out and • maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing- work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do ' with blasting, collapse, and underground property damage) , which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: • Bodily Injury Liability Insurance in an amount not less than $500,000.00 for injuries, including accidental death, to any, one person, and subject to the same limit for each person, in an amount not less than $500,000.00 on account of one accident, and • Page 6 • • Property Damage Liability Insurance in an amount not less than $ 250,000-:00 The City and its officers and employees, shall be which additional shallalsocinsureds eany h ontainaprovisionthatpolicies i heinsurance nafforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that t 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 ar persons by reason of, or in the course of the performance of said work, or by reason of any infringement e person orpersons,afirm eor corporation tinofconsequence the patent rofhttheigs of use in, on, or about said work, of any article or material suppliedorinstalled unde-r 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 WORE. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and- it is expressly stipulated that no laborer, workman, or' mechanic _ employed at any time by- the Contractor or by any 'subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be- required or permitted to work thereon more than eight hours during any one calendar.day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of .California, 'work performed by employees of contractors in • excess of eight hours per day and forty hours during any one week • shall be permitted upon public work upon compensation for all hours worked in excess of eight hours . per day at not less than one and • one-half mes stipulated tithe of thatforbeach and asic eeveryaviolation of Sections 1811-1815,1 inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five . dollars ($25.00 ) - -for• ' each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by an subcontractor under this Contract, for each calendar day during • which said laborer, worker, or mechanic is required or 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. • Page 7 • The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar y and each calendar week by all laborers, workmen, and mechanics dmployed by him in connection with the work contemplated by this Contract, which record . shall be open at all reasonable hours to the inspection of the City of its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ' ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof . Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base- any claim against the City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing thename-, address, social security number, work classification, straight time and overtime hours worked each day and week, and" the- -actual per diem wages paid to each journeyman, apprentice, worker-, or other employee employed by. him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be - - _ certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in • subdivision (a) shall be made available for inspection or furnished upon •request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that —a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that • requested such records within ten (10) days after receipt of a written request. Page 8 •.„ is t' r r 'f-. • .:"Q . - H;..' .. �9•'. - _. • • • - (d) Any copy of records. made available for inspection ascopiesand furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (-a) , including the street address, city and county and shall, within five working days, provide a notice of a change of- location -and address-. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor mustcomply 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 con-tract 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 shallbewithheld 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 , Ci.v_.- C. ) governing the release of such records, including the establishment ofreasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775 .5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or • trade to which he is registered. • • Page 9 • • • Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070) , Division 3, of the Labor Code, are eligible to be employed on public works. The employment and training: of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in anyapprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint.. apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices- to- the Contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship -standards-of-the -craft-or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities.__ Contractors or subcontractors shall not be required to submit individual -applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards . The ratio -of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. • The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the. number 'of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the Contractor that he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than one apprentice to each five journeymen, the Division of • Apprenticeship Standards may grant a certificate exempting the Contractor for the 1-to-5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000 .00) or twenty ( 20) workin4 days or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than two thousand dollars ($2,000 .00) or fewer than five (5) working days. • Page 10 • • • • • • • e ft or meanpa crafteorltradeanas determined asanaused in thissection, ecoccupation accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion <to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are met: (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or, (b) In the event the number of apprentices in training in such area exceeds a ratio of 1-to-5, or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one=thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis. (d) If assignment of an apprentice to any work performed under a epublic works contract would create a condition which -wou-ld - mployeeseeopardizh ofthe public .at large is life or the lifethe saspecific ptask to whichtheapprentice • • When such represents_contractorsnin- a--specgranteds are ifictrade from the anitotioratiohich a local or statewide basis the member contractors will not be required to submit individual applications for approval- to local joint apprenticeship committees, provided they are already covered by the .local apprenticeship standards. • A contractor to whom the contract is awarded, or any subcontractor under flim, who, in performing any of the work, under th'e •contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any. such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the Site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other contractors do, but • • where the trust fund administrators • are unable to accept such funds, contractors not signatory to the trust agreement shall pay a • like amount to the California Apprenticeship Council. The contractoror. _subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of L"abot' 5tandards Enforcement is authorized to enforce the payment of. edcft.ddntributions to the fund or funds as set forth in Section 227. • • • Page 11 • • • • The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of 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 1081. . (Amended by Stats. 1976, Ch. 1179) 3 1777.6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by ' Stat. 1976, Ch. 1179 ) 1777.7 (a) In the event a contractor willfully fails to comply • with the provisions of Section 1777.5, such contractor shall: (1) Be denied the right to bid on ,any -public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; _and (2) Forfeit as a civil penalty in the sum of -fifty dollars ($50 .001 for each calendar day of noncompliance-. NothWithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract ---progress--payments then due or to become due such sum. (b) _ Any ' such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable .notice- thereof in accordance with reasonable rules and procedures • prescribed by the California Apprenticeship Council. • _ (c) Any ' funds withheld by the awarding body pursuant to this Section Shall be deposited in the general fund if the Warding body is a state entity, or iii the equivalent fund of an awarding body if such awarding body is an entity other than the state. • The interpretation and enforcement of Sections 1777.5 and 1777 .7 shall be ' in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats, 1978, Ch. 1249) • It shall be mandatory upon the Contractor, and upon any subcontractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution pf the- Contract. It is further expressly stipulated that the. Contractor shall, as a penalty to the City, forfeit twenty-five . dollata 1$25.00 ) for each calendar day, or portion thereof, for • Bach labotery workman, or mechanic paid less than the stipulated :'',ptOVkiling fates" for any work done under this Contract by him or by f� any :eubconttactot finder work done under this Contract by him or by ; ,- . zrAny . Subcontractor under him: and Contractor agrees to comply with .'' all provisions of Section 1775 of the Labor Code. • • Page 12 • In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. - 22. ACCIDENT PREVENTION . Precaution shall be exercised at all times for the protection of persons ( including employees) and property. The safety provisionsofapplicable laws, building and construction codes shall be observed . Machinery, equipment, and other hazards shall be guardedor eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23 . PAYMENT. Not later than the first Tuesday of each calendar month, the City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and- materials incorporated in the project, during the preceding calendar month., by the Contractor, but the City will retain ten percent (10%) of the amount of each of said estimates until the expiration of thirty-five (35) days from the date of recording by the City of notice of acceptance of completion of all work covered by this Contract, if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body ; or, if such notice be not _so recorded within ten days, until the expiration of ninety-five- ( 95) daps after the acceptance of completion of such work of improvement asevidencedby resolution of its governing body, at which time and not before, the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City' s representative shall, before the last Tuesday of each month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of completion. In event of the failure of the City' s representative to furnish and deliver said certificates or any of them or in lieu • Page 13 f ;r :._..[µ i^� 3 [ i`. 3 i ^, . l . • • • thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City's representative delivers the writing aforesaid, • in lieu of the certificates, then a compliance by the Contractor with, the requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such. _payments,- but the entire work is to be subjected to the inspection and approval .of the City, and subject to whatever inspection and approval may be required by law. 24 . PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this • Contract only, for the -removal., relocation, or protection of existing public utilities, if • any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City - shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications-, other than service laterals when the presence of such utilities on the—construction--site- -cam-be- inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The —Contractor shall not be assessed -liquidated damages - -far delay in completion of the- Contract project, -as providedinParagraph 27 below, when such delay is caused-by the failure of the City, or other public utility, - to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. • 25. CONTRACTOR' S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item-, ' obtain the insurance to indemnify the City for any damage to the workcausedby an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have . been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, ' or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, , in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part• thereof, or in, Page 14 . ' • • 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 win conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipmen-t, whether latent or patent, revealed to the City within one (1) year of the -date of acceptance of completion of this - Contract by the City, the Contractor will forthwith remedy such defects without cost to the city. 27. LIQUIDATED DAMAGES . Time shall be of the essence of this Contract,. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated- damagesin the sum of ONE HUNDRED -FIFTY AND NO/100 DOLLARS ($150.00) for each and every working day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of-damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of -- liquidated damages may be deducted by the -City from moneys due the Contractor hereunder, or his- assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. _ 28. • ADDITIONAL PROVISIONS. None - • Page 15 • • P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. • CITY OF CUPERTINO Approved as to form ;W_/(/::Th Mayon // City Attorney City Cle 4:2fass Date/ sty C ,e4 CONTRACTOR: .W/,UG/let -006110/-e-E1• /UG By: Notary acknowledgment required. / 2J L ZL/A/Yi If a corporation, corporate seal and corporate notary ' acknowledgment required. • Project. Name and Numbers. HOMESTEAD RD. & HOLLENBECK AVE/STELLING RD. • TRAFFIC SIGNAL MODIFICATION, PROJECT 4017 contractors Names WIN/GARD ENGINEERING P.O. BOX 7205, FREMONT, CA 94537 (415) 790-3953 Contract Amount: EIGHT ONE THOUSAND SIX HUNDRED SIXTY Alp 50/100 DOLLARS `($81,660.50) • ,cOntract". Account Numbers 120-4017-953 • .iii;,:- s;:�c;i,•' '�•-. . Page 16 • • EXHIBIT "A" PROPOSAL TO THE DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO STATE OF CALIFORNIA Dear Sir: In compliance with the Plans and/or Specifications furnished for the work of constructing to completion Homestead Road and Hollenbeck Avenue/Stelling Road Traffic Signal Modification, Project 4017, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site and examined the specifications. I, the undersigned, hereby propose to do all work required to complete the said work in accordance with the Plans and/or 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 on a basis of comparison of bids, and the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease, or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all-bids or to waive any irregularities in the bidding procedures. - The work to be done consists of furnishing all labor, methods or processes, tools, machinery and material required to construct to completion and in working usable order, Homestead Road and Hollenbeck Avenue/Stelling Road Traffic Signal PROPOSAL Page lof 7 ' Modification, Project 4017, as described in the Special Provisions. Iq the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. TIME FOR COMPLETION 1. The traffic signal poles and hardware will be delivered to the job site for erection on or before 5°d'07K 2p , 19 8-2 . 2. The traffic signal system will be completed and operating on or before O /3 , 19 87 The actual dates for completion shall be the dates set forth above plus the number of calendar days between the bid opening and the date the contract is to be executed by all parties. The Contractor shall diligently prosecute the work to completion before the execution of the dates as set forth. The Contractor shall pay to the City of Cupertino the sum of $150.00 per day, for each and every calendar day's delay beyond the dates established in this proposal for each and every portion of the completion process described in the time for completion portion of this proposal. ESTIMATED QUANTITIES The bid prices for this project shall be as outlined below: BID EST. QTY. ITEM UNIT ITEM UNIT PRICE TOTAL 1. L.S. Traffic Sipal Modification Six2j -Xc✓o x460 ins./ 7C-244-C Sb /422.14,200/ �. 7 5/� $ (s�a-S /LS $ ‘2,54,5- '5 Dollars/L mp Sum 2. L.S. Construction Signing and Traffic Control iA,gic % -jsarndrSo - $ 30a) — /LS $ 3000 -- Dollars/Lump Dollars/Lump Sum 3. 2 each Sandblasting Pavement Legends an Arrows One_ /4.24.0-.‘,01, 400 $ /OO /EA $ Dollars/Each 4. 723 L.F. Removal of Thermoplastic 12" _ 7ido , 5j/ci, ego$ Cr /LF $ /go 7. se Dollars/Lineal Foot 5. 245 L.F. Sandblasting Existing Tr ffic Striping 7Zt42 >21eOD $ 2 00 /LF $ 14%2. Dollars/Lineal Foot PROPOSAL Page 2 of 7 • Estimated Quantities Continued BID EST. QTY. ITEM UNIT ITEM UNIT PRICE TOTAL 6. 412 Each Removal of Existing Tr ffic Markers 0/72 74 co $ / 00 /EA $ 4/2 , Dollars/Each 7. PROVIDE TRAFFIC STRIPING; LEGENDS; & SIGNING: �J 4 Each a) Left Arrow Legends $ ‘6._ /EA $ 2 Y0 250 L.F. b) 8" White $ e 80 /LF $ 2� 690 L.F. c) 12" White $ /LF $ 58 Each d) Type D Traffic Markers $ .11/ /EA $ 232 20 Each e) Type G Traffic Markers $ - /EA $ So 270 Each f) Type AY Traffic Markers $ 2 /EA $ SSD 102 Each g) . Type ATraffic Markers $ 2 /EA $ 3V 10 Each h) Traffic Signing removal, �7 — relocation & installation $ // S /EA $ J'75 8. Lump Sum Remove PCC Curb & Gutter a, /,74/ n /en/ Sw.Uon/ 7 00 et ivy y� °°�/cn $ 876 /LS $ 575 Dollars/L.S. 9. Lump Sum Remove PCC Island Curb and ---- - — - - - -- Island Fill Tao 7400.97m, nye eZncrieel co/, $ ee aU /LS $ Oe.5V 00 Dollars/L.S. - 10. Lump Sum Excavation and Subgrade Preparation SA- Akr-2al Soui4- $ 75- I' /LS $ 75-°I1 .�%i.K / DO/4 Dollars/L.S. 11. 30 Ton Install Asphalt Concrete =-,,tib )1 a% $ re9 ae /TON $ 00 Dollars/Ton 12. 10 L.F. Install Standard A2-6 Curb and gutter 47,4129 $ /541e /LF $ / )e ad Dollars/L.F. • PROPOSAL Page 3 of 7 . • • Estimated Quantities Continued BID EST. QTY. ITEM UNIT ITEM UNIT PRICE TOTAL 13. Lump Sum Irrigation/landscape modification 77 v¢ 44 nelad c/<cb $ 00 00 /LS $ ��-0 °° Dollars/L.S. 14. 4 Each Install Handicap /Ramp „o -94r /,4'n•haw 67/m $ ti/)/) /EA $ 24/e0 Dollars/Each (A=a5/ Sl I 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 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 $ ,/6ge , /r) , as required by law and the Notice. (10% of Bid Amount) to Bidders. PROPOSAL Page 4 of 7 3 • • A. BID DOCUMENTS, continued BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifica— tions as a part of this proposal, and the truthfulness and accuracy of the information is hereby guaranteed. (1) How many years has your organization been in business under its present name? (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? /2 (3) Contractor's License No. 34406/8 , State of California, Classification 4 g (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 three years. Year Class. Location of Work and forf/ whom Performed Contract Amount Rp9 c/ ins/ , gong, a;c:29D $� /674i C& 1 fou/A $, cr e oct� 8� 5/ea/ GSA /9 C1 i�,/�6. /is o0 Mehr / 4447 �. o' 4li//J& e 2y av (Azchi% art//ham �B/nt11)/Cbl / 1l4ace, PROPOSAL Page 5 of 7 S J A. BID DOCUMENTS, continued Name of Proposed Sub-Contractor, if any (Section 4104 Government Code) 2. 3. 4. 5. 6. Address of Shop or Office of Sub-Contractor // (Section 4104 Government Code) 1. 4/».77or7 / Cit C/,) - Eect 2. 3. 4. 5. 6. - - Work to be performed by Sub-Contractor c2/7.471, / (Section_ 4104 Government Code) 1. c/7.47 J sl`�>pti2a� / �l1/,///lyl,!/� 2. / ' 3. 4. 5. 6. PROPOSAL Page 6 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. TYPE OF BUSINESS: Individual c z7/,7&tt/fG/ Co-Partnership f / Corporation Joint Venture Other (describe) NAME AND SIGNATURE OF BIDDER: l?.4/ L. W// 4 Wier, -#,&,c ma;v6 PO, Box 7B05 ,GMO,teT, C,9- 9'elS37 (Address) Date _/pd So /97 (91.5) ;' - .w/S3 (Phone Number) Addenda Received: 1 2 3 4 5 PROPOSAL Page 7 of 7 c. SET TAB STOPS AT.ARROWS Of ® `CERTIFICATE OF INSURANCE- ISSUE DATE(MMIDD/YY) 7 21 87 PRODUCER • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 1 NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EVERETT W. STARK AND COMPANY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 333 MARKET ST., SUITE 800 SAN FRANCISCO, CA 94105 COMPANIES AFFORDING COVERAGE TEL: (415) 421-1492 COMPANY A LETTER MARYLAND CASUALTY COMPANY COMPANY T - '� INSURED LETTER s DALE WINGARD DBA: LETTEER Y C I I`• WINGARD ENGINEERING COMPANYPUv P. O. Box 7205 LETTER D - PUBLIC WORKS Q Fremont, CA 94536 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDM) PATE R+IMNOIY11 EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY © COMPREHENSIVE FORM INJURY $ $ © PREMISES/OPERATIONS PROPERTY © B(PLOSIONUB COLLAPSE HAZARD DAMAGE $ $ © PRODUCTS/COMPLETED OPERATIONS © CONTRACTUAL BLANKET GL 48558758 8/25/86 8/25/87 COMBINED $1,000 $1,000 © INDEPENDENT CONTRACTORS © BROAD FORM PROPERTY DAMAGE © PERSONAL INJURY PERSONAL INJURY $1,000 1. AUTOMOBILE LIABILITY I © ANY AUTO - (yER PERSON) $ © AU.OWNED AUTOS(PRM.PASS.) BOORY - © ALL OWNED AUTOS MERPACS WAA 80454689 8/25/86 8/25/87 PL00QR $ © HIRED AUTOS - PROPERTY ® NON-OWNED AUTOS - DAMAGE $ MOLY MY FURY ■ GARAGE LIABILITY . BI 6 PD ammo) EXCESS LIABILITY BI S PD I . UMBRELLA FO 1.1 OTHER THAN MBRELLA FORM - --COMBINED $ $ STATUTORY , WORKERS'COMPENSATION II AND TC 722179873 8/25/86 8/25/87 $ •• CH ACCIDENT) 1pI EMPLOYERS' LIABILITY $ s e LISEASE-POLICY LIMIT) $ I,in ISEASEEACH EMPLOYEE) ' endooTHERBy rsement to Policy #GL 48558758, th- Certificat- Holder is amed as Additional Insured, but only as espects Liability assum-d by the .Na ed Insured nder contract for: Traffic si•nal modi .! • Al • •u .. ..- DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEM%uch insurance as is afforded the Additional-Insured shall be primary and any insurance carried by the Additional Insured excess and non-contri- butory. CERTIFICATE HOLDER CANCELLATION CITY OF CUPERTINO, ITS OFFICERS AND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- EMPLOYEES - PIRATION DATE THEREOF, THE ISSUING COMPANY WILLxRtW ZRxJ • MAIL 30 DAYS WRITTE� N��N,OQTICE TO THE CERTIFICATE HOLDER NAMED TO THE 10300 Torre Avenue LEFT,: gSiiCHNI$RGB MIPDSENZISEII0ATKS 1LIM is .'o. :p Y.4.„„w .4 ii: '°v: .is>n@idcii.:c.,:4.v.vi.!a: . Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE 4.,4.A. ' �e. I — q - , ATTN: Bert J. Viskovich, Director of :-'A.1ic .. . ACORD 25 (8184) C. IIR/ACORD CORPORATION 1984 State of California County of San Francisco On this 20thday of July , in the year 87 , before me, the undersigned, a Notary Public in and for the said State, personally appeared Barbara L. Shine personally known to me (or proved to me on the basis of satisfactory evidence) to 1 Ibe the person who executed the within instrument as Attorney-in-fact of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. a ` OFFICIAL SEAL' II ' , AIL PI SANCHEZ 1l QAN 0.M f'r S NOTARY PURL CFFICEORNIA �.. p PRINCIPAL OFFICE IN 1 f SAN FRANCISCO COUNTY Notary in and for said State My Comer.Spires Nov.23, 1990 I - ' STATE OF CALIFORNIA On this 20th day of July in the year COUNTY OF San Franc sco 1987 before me Aileen Sanchez , a Notary Public, State of California, duly commissioned and sworn, personally appeared Dale C. Wineard , personally known to me (or proved to me on the basis of satisfactory ? evidence) to be the person whose name 1 OFFICIAL SEAL subscribed to the within instrument, and acknowledged to me AILEEN SANCHEZ li j G:, bz.' NOTARYPOBLIC-CALIFORNIA that_he executed the same. J •,_ PRINCIPAL OFFICE IN SAN FRANCISCO COUNTYIN WITNESS WHEREOF I have hereunto set my hand and affixed My Comm.Expires Nov.23, 1990 my official seal in the San Francisco, California County of San Francisco (Lir s�N on the date set forth above in this certificate. : fl .wbep.nbca.t fpm.ism may be teapot n�in ere pseer e it 1 way R O•r'em e .in 5 a is L.v m i alley.aTIWe sO.M n....n.a.m..s mp..p o ye...e<.a a,,ep..e.a ti Notary Public, State o lifornia —a bib WITS awn btffe barman My commission expires 11/23/90. Cowdery's Form No. 32—Acknowledgement to Notary Public-Individuals!c.c.sec. 1189.) • • Bond No. FT 018578 • Premium: $1,633.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, WINGARD ENGINEERING as Principal and FAIRMONT INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of EIGHTY ONE THOUSAND SIX HUNDRED SIXTY AND 50/100 Dollars ($ 81,660.50 ) 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, WHEREAS, the Principal has entered into a contract dated July 20. 1987 , with the Obligee to do and perform the following work to-wit: HOMESTEAD ROAD AND HOLLENBECK AVENUE/STELLING ROAD TRAFFIC SIGNAL MODIFICATION PROJECT 4017 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; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 20th day of July , 19 87 . (To be signed by Principal and Surety and acknowledgment.) Principal 4.7 FAIRMONT INSURANCE COMPANY Suret/�y/j// By: �i�///�L '.IL 'Attorney-in-Fact / BARBARA L. SHINE The above bond is accepted and approved this day of , 19 Bond No. FT 018578 • • LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and WINGARD ENGINEERING 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; NOW, THEREFORE, we, the Principal, and FAIRMONT 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 materialmen, 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 EIGHTY ONE THOUSAND SIX HUNDRED SIXTY AND 50/100 DOLLARS ($ 81,660.50 ) . 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. State of California County of San Francisco On this 20thday of July , in the year 87 , before me, the undersigned, a ' Notary Public in and for the said State, personally appeared Barbara L. Shine - personally known to me (or proved to me on the basis ,of satisfactory evidence) to be the person who executed the within instrument as Attorney-in-fact of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. I4te - ,10 icial seal. Yh OFFICIAL SEAL AILEEN C-CAMF R s'" NOTARY PUR!IC-CA!IFORNIA 1 14_x- PAIN CI PAL OFFICE IN f SAM FRA rrCISCO CMP? �---'� My Comm.Exp res Nov.23, 1990 ��'� �+ Notary in and for said State e STATE OF CALIFORNIA On this 20th day of July in the year COUNTY OF San Francisco 1987 before me Aileen Sanchez , a NotaryPublic, State of California, duly commissioned and sworn, personally appeared Dale C. Wingard , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name i K' OFFICIAL SEAL AILEEN SANCHEZ subscribed to the within instrument, and acknowledged to me °• Y4.r• t' NOTARY PUBLIC-CALIFORNIA that_he executed the same. r , "t><'- 9 FRANCL ISCO ICEco IN a IN WITNESS WHEREOF I have hereunto set my hand and affixed / \IY� �%/ SAN FRANCISCO COUNi�' \� _/ M Comm.6piresNov.23, 19.0 my official seal in the San Francisco, California County ..1T-0....-._-....-...---c------....---._-....--..-1�l�lt_-..- l� l�dun ty of San Francisco on the ate set forth above in this certificate. y ,,..paean ary an co•nine to btaulen . bay .y.i arsona cn art any.TN ve .b /lt\'OAJ�I� aces rot nese.+--•••ina � >any ant an. ... s . . w • /roam sm. • Notary Public, S California My commission expires 11/2 Cowdery's Form No. 32—Acknowledgement to Notary Public-Individuals(c.c.sec. 1189.) • Labor and Material Bond. Page 2 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 20th day of July , 19 87 • Principal (To be signed by Principal and Surety. Notary acknowledgments required.) FAIRMONT INSURANCE COMPANY Surety By: // L/! /1 71'ttorney-in-'act BARBARA L. SHINE I The above bond is accepted and approved this day of • , 19 • • 6/17/85 • FAIRMONT.' INSURANCE COMPANY • Burbank California POWER OF ATTORNEY • KNOW ALL MEN BY THESE PRESENTS: That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and appoint James E. Stark, Gabriele A. Simpson, Barbara L. Shine, • John W. Bowen, and Paul Rusch as its true lawful Attorneys s)-in-Fact.with full power and authority,for and on behalf of the Company as surety,to execute and deliver and affix the seal of the Company thereto,if a seal is required,bonds,undertakings,recognizances,consents of surety or other written obligations in the nature therof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, • and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws are now in full force and effect: ARTICLE IV, Section 13. ATTORNEYS-IN-FACT AND AGENTS. The chairman of the board, the president, the vice president.the chief financial writer.or the secretary of the corporation may appoint attorneys-in-fact or agents with power and authority,as defined or limited in their respective powers of attorney, for and on behalf of the corporation to execute and deliver. and affix the seal of the Corporation thereto, bonds, undertakings, recognizances. consents of surety or other written obligations in the nature thereof and any of said oficers may remove any such attorney-in-fact or agent and revoke the power and authority given to him or her. ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond, undertaking. recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the corporation when signed by the chairman of the board, the president. the vice president, the chief financial officer. or the secretary of the corporation and duly attested and sealed.if a seal is required.by the secretary or assistant secretary.or shall be valid and binding upon the corporation when duly executed and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called and held on the 4rd day of October, 1983: RESOLVED that the signature of any officer authorized by the Bylaws. and the seal of the corporation, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond. undertaking. recognizance consent of surety or other written obligation in the nature thereof; such signature and seal-when so used.being hereby adopted by the corporation as the onginal signature of such officer and the original seal of the corporation. to be valid and binding upon the corporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 1985 oanoosair +� a.........tves . T; FAIRMONT INSURANCE COMPANY 1orttre `"a';O 2 APR. -v By • I tea 1970 •;`2.2re1 `�•. CAL1F• itt aSi nature Henry F. Wright, Virg President }} l ,*wtnp i. npP'J • Is . State of California , ss. JrICounty of Los Angeles ft , Henry F. Wright , personally known to me, was by me duly sworn, and did depose and say: that he/she resides in the State of California; that he/she is the duly elected Vice President of FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru- ment; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cor- porate seal; that it was so affixed by authority of his/her office under the Bylaws of said corporation, and that heishe signed his/her name thereto by like authority. Subscribed and sworn to me this 22nd day of March , 1985 OFFICIAL SEAL a10}" pSl( ,tei�CQL7e i ., HARRIET LAMBELL NotaryPublic in and I'. i, 'Mi NOTARY PUOLIC-CALIFORNIA PRINCIPAL OFFICE IN for said County and State. i.. m'" LOS ANGELES COUNTY My Commission Expires Apr.27,1981 CERTIFICATION I, Trude A. Tsujimoto , the Assistant Secretary of FAIRMONT INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13. and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Burbank, California, this 20th day of July , 19 87 ,SIIally, . et:10024\ et o f c►APR. 10Ol}S c Assistant tart' It APR. 10 J v=_=_ 12% Sir`. 1970 ; ? . 'ie 4--....... ad, %,, em.w.,,� �1'11/1RIIIIxj1 - . 1 . T • JUL 14 1981 RETURN! TO CITY PUBLICOF CUPERTINOWORKS 190300 TORRE AVE. CUPERTINO, CA 95014 RESOLUTION NO. 7108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF SUNNYVALE PROVIDING FOR THE MODIFICATION OF TRAFFIC CONTROL SIGNAL SYSTEM AND SAFETY LIGHTING OF HOMESTEAD ROAD AND HOLLENBECK AVENUE/STELLING ROAD WHEREAS, the City of Cupertino and the City of Sunnyvale contemplate modification of the traffic control signal system and safety lighting at the intersection of Homestead Road and Hollenbeck Avenue/Stelling Road; and WHEREAS, a proposed agreement has been presented to the City Council outlining the terms and conditions of administering said project, and said agreement having been approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of March , 1987 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Roberta Wolfe /s/ Reed Sparks ' Deputy City Clerk Mayor, City of Cupertino THIS IS TO CERTIFY THAT ? �,�/I-I-HIN INSTRUMENT IS A TRUE AND CORE'ECT PY OF THE ORIGINAL ON FILE IN THlS OFFICCOE, ATTEST /1 _ 6 CITY CLERK F THE73 CITY OF CUPERTINO SY Y CLERK -. _ CIT AGREEMENT THIS AGREEMENT, ENTERED INTO ON 111 ,41 ' % , 1987 IS BETWEEN ' CITY OF SUNNYVALE, A body politic and a municipal corporation of the State of California, referred to herein as "SUNNYVALE". AND CITY OF CUPERTINO A body politic and a municipal corporation of the State of California, referred to herein as "CUPERTINO". RECITALS SUNNYVALE and CUPERTINO contemplate modification of the traffic control signal system and safety lighting at the intersection of Homestead Road and Hollenbeck Avenue/Stelling Road, referred to herein as "PROJECT", and desire to specify the terms and conditions under which such systems are to be installed and financed. SECTION I CUPERTINO AGREES: (1) To provide plans and specifications and all necessary construction engineering services for the PROJECT and to bear all of the expense thereof. (2) Prior to advertisement for construction of PROJECT, to submit said plans and specifications to SUNNYVALE for review and concurrence as to conformity to SUNNYVALE'S standards and/or existing facilities. 1. SECTION I (Continued) (3) To construct the PROJECT by contract in accordance with plans and specifications of CUPERTINO. (4) To pay an amount equal to one hundred percent (100%) of construction costs of the traffic signal modification. SECTION II SUNNYVALE AGREES: Prior to award of contract for construction of PROJECT, SUNNYVALE shall review the plans and specifications for conformity to SUNNYVALE'S standards and/or existing facilities. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) CUPERTINO shall not award a contract for the work until after receipt of SUNNYVALE'S approval of the plans and specifications required in SECTION II. (2) Neither CUPERTINO nor any officer or employee thereof shall be respon— sible for any damage or liability occurring by reason of anything done or omitted to be done by SUNNYVALE under or in connection with any work, authority or jurisdiction delegated to SUNNYVALE under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4., SUNNYVALE shall fully indemnify and hold CUPERTINO harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SUNNYVALE under or in connection with any work, authority or jurisdiction delegated to SUNNYVALE under this Agreement. 2 SECTION III (Continued) (3) Neither SUNNYVALE nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CUPERTINO under or in connection with any work, authority or jurisdiction not delegated to SUNNYVALE under this Agreement. It is also agreed that, pursuant Government Code Section 895.4, CUPERTINO shall fully indemnify and hold SUNNYVALE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CUPERTINO under or in connection with any work, authority or jurisdiction not delegated to SUNNYVALE under this Agreement. (4) Should any portion of the PROJECT be financed with Federal funds or State gas tax funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. (5) After opening bids for the PROJECT and if bids indicate a cost overrun of no more than ten percent (107) of the estimated $96,000.00, CUPERTINO may award the contract. (6) In the construction of said work, CUPERTINO will furnish a representative to perform the usual functions of a Resident Engineer; SUNNYVALE may, at no cost to CUPERTINO, furnish a representative, if it so desires; and said representative and Resident Engineer will cooperate and consult with each other, but the orders of CUPERTINO'S engineer shall be final. (7) If existing public and private utilities conflict with the construction of the PROJECT, CUPERTINO will make all necessary arrangements with the owners of such utilities for their removal or relocation. CUPERTINO willinspect the removal or relocation of such utilities. If there are no existing provisions for removal or relocation of utilities between SUNNYVALE and CUPERTINO and the owners of the utilities, CUPERTINO shall bear the cost of any removal or relocation in the amount of one hundred percent (100%) . 3 • SECTION III (Continued) (8) SUNNYVALE hereby grants to CUPERTINO and its agents and contractors all necessary authority to perform within the boundaries of SUNNYVALE any and all work required to perform the terms of this Agreement, and agrees to provide such documentation as may be required to confirm such authority. CITY OF CUPERTINO CITY OFSUNNYVALE / , ir / By: , wvb silt` - By: / kinks/ Mayor V Mayor , Atte t ✓ ' G/0 Attest: O'(/]aI 61/1.4 City, Clerk City Clerk /tk �""^" APPROVED AS TO FORM AND PROCEDURES: APPROVED AS TO FORM AND PROCEDURES: 4.--YLIA-419(Ili City Attorney Assistant City Attorney& _ Zy$ 7 4