88-041 Collishaw Construction, Inc., Traffic Signal Modification Project No. 4024, Pruneridge & Wolfe10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
DEPARTMENTOfTHE CI1YClERK'
July 5, 1988
Collishaw Construction, Inc.
1125 Mabury Road
San Jose, CA. 95133
P.O. Box SBO
Cupertino, California 95015
'mAFFIC SIGNAL MODIFICl'ION AND S'mEEl' D!PROVEMENTS -PRJ:JNERIl::GE AVENlJE AND
l\\JU'E .ROAD P.ROJECI' 4024 . .
We are enclosing to you one (1) copy of the Contract for Public Works
between the City of CUpertino am Copllishaw Construction, Inc., which
has been fully executed .b'.f city Officials.
Awa:rd of your contract ,-as apprcr.,red at the regular City CoUncil meeting of
June 6, 1988
We are also enclosing your bid boOO.
Cfl'i CLERK
Cfl'i OFOJPERL'WO
08/60
encl.
co: Daparbnent of Public Works
CONTRAc'r FOR PUBLIC WORKS
CONTRACT made on ,July 7, 1988 by the CITY OF
CUPERTINO, a municipal corporation of the state of California,
hereinafter called the CITY, and COLLISHAW CONSTRUCTION, INC.
,hereinafter called the CONTRACTOR.
IT IS HEREBY AGREED by the parties as followsl
1. THE CONTRACT DOCUMENTS. The complete contract' consists of the
following contract documentsl
A' Plans and Specifications for TRAFFIC SIGNAL MODIFICATION AND STREET
IMPROVEMENTS AT PRUNERIDGE AVENUE AND WOLFE ROAD, PROJECT 4024.
B. Faithful ,Performance Bond, Labor and Materials Bond,
Insurance. Certificate
C. This Contract
D. Bid proposal refer·red to as Exhibi t A
Any and all obligations of the CITY and the CONTRACTOR are fully
set forth and described herein.
'All of the above documents are in tent3ed to cooperate so t.hat 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 Conl:.rac·t 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 I:.he tools,
equipment, apparatus, facilities" labor, transportation, and'
material necessary to perform. and complete in a good and
workmanl ike manner, I:.he work of Traffic Signal Modification and Street
Improvements. as called for, and in the
manner designated in, and in strict conformity with, the Plans and
Specifications prepared by: Mr. Bert J. Viskovlch, Director of
Public Works and adopted ,by the Ci ty, which Plans and
Specifications are entitled, respectively,
TRAFFIC SIGNAL MPDIFICATION AND STREET IMPROVEMENTS AT
PRUNERIDGE AVENUE AND WOLFE ROAD, PROJECT 4024
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and which plans and Specifications are identified by the signatures
of the parties to this Contract. !t is understood and agreed that
said tools, equipment, apparatus, facilities, labor,
transportation, and material shall be furnished, and that said work
shall be performed and completed as required in said plans and
Specifications under the sole direction of the Contractor, but
subject to the inspection and approval of the City, or its
representative. The City hereby designates as its representative
for the purpose of this Contract: Mr. Bert J. Viskovich, Director
of Public works. .
3. CONTRACT PRICE. The City agrees to pay, and the Contractor
agrees to accept, in full payment for the work above agreed to be
done, the sum of: ONE HUNDRED FORTY-SEVEN THOUSAND ONE HUNDRED NINETY-NINE
AND 00/100 DOLLARS ($147,199.00)
subject to additions and deductions as provided in the Contract
Documents, per Exhibit "A" attached hereto.
4. DISPUTES PERTAINLIIlG TO PAYMENT E'OR wORK. Should any dispute
arise respecting the true value of the work done, or any work
omi'tted, 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, ot in accordance with the agreement of prices, if
applicable, or in accordance with the agreement of the parties, or
in accordance with the rules of the American Arbitration
Association if the parties are unable to agree.
5. PERMITS, COMPLIANCE WITH LAW. The Contractor sball, at his
expense, obtain all, necessary permits and licenses, easements,
e~c., 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,
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I deviations, additions or omissions irom 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
amoullt of the contract price, as the case may be. by a fair and
reasonable valuation, which valuation shall be determined either by
reference to the unit prices, if applicable, or in accordance with
the agreement of the parties, or in accordance with the rules of
the American Arbitration Association if the parties are unable to
agree. No extra work shall be performed or change be made except
by a written order from the City, duly authorized by resolution of
its governing body, and by all agencies whose approval is required
by law, stating that the extra work or change is authorized, and no
claim f~r an addition to the contract sum shall be valid unless so
ordered.
6. CHANGES TO MEET ENVlRONMEN'fAL REQUIREMENTS. The City shall
have the right to make changes in this contract during the course
of construction to bring the completed improvements into compliance
with environmental requirements or standards established by State
and Federal statutes and regulations after the Contract has been
awarded or entered into. The Contractor shall be paid for by such
changes either by reference to the unit prices, if applicable, or
in accordance with the agreement of the parties, or in accordance
with the rules of the American Arbitration Association if the
parties are unable to agree.
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract.may
be terminated, amended or modified, with the mutual consent of the
parties. The compensation payable, if any, for such termination,
amendment or modifications, shall be determined either by reference
to the unit price, if applicable, or in accordance with the
ag'reement of the parties, or ·in accordance wi tb the rules of the
American Arbitration Association if the parties are unable to
agree.
10. TIME FOR COMPLETION. All work under this Contract sball be
completed:
APPROXIMATELY FORTY-FIVE (45) WORKING DAYS
If the Contractor shall be delayed in the work by the acts or'
neglect of the City, or its employees, or those under it by
contract or otherwise, or by changes ordered in the work, or by
strikes, lockouts by others, fire, unusual delay in transportation,
unavoidable casual,ties or any causes beyond tbe Contractor' 5
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.
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11. INSPECTION AND 'l'ESTING 'Of-MATERIALS. The Con tractor shall
notify the Ci ty a SUfficient time in advance of the manufacture or
production of materials to be supplied by him Q-nder 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. TERMHiATION FOR BREACH, ETC. If the Contractor should be
adjudged a bankrupt, or if he should make a general assignment for
the benefit of his creditors, or if a receiver should be appointed
on account of his insolvency, or if he or any of his subcontractors
should violate any of the provisions of the Contract, the City may
serve written notice upon him and his surety of its intention to
terminate the Contract, such notice to contain the reasons for such
intent~on to terminate the Contract, and unless within ten days
after serving of such notice, such violation shall cease and
satisfac,tory arrangemen,ts for corrections thereof be made, the
Contract shall, upon the expiration of said ten daYI!I, 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 !lurety 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 t'hereof
within thirty days from the date of the serving of !luch notice, the
City may take over the work and prosecute the same to completion by
contract, or by any other method it may deem advisable, for the
account and at the expen~e of the Contractor, and the contractor
and his surety shall be liable to the City for any excess cost
occasioned by the City thereby, and in such event the' City may,
without liability for so doing, take possession of, and utilize in
completing the work., such materials, appliances, plant and other
property belonging to the Contractor as may be on the site of the
,,!ork and necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount which the city may
retain under paragraph 21 of this Contract until the final.
completion and acceptance of al~ work covered by the Contract, the
city may withhold from payment to the Contractor such an amount or
amounts as in its judqrnent 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 apPlr such withheld amount or amounts to the parment of such
claims nits di!lcretion. In so doing, the city I!Ihal 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
ensare 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'I!I' Notice to
Contractors.
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,14. NOTICE AND SERVICE THEREOF. Any notice from one party to
the other under this Contract shall be in writing, and shall be
dated and signed eitper 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 mannerl (al 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 certifiedl (bl if the notice is given to the
Contrsctor, 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 atl
430 MARTIN AVENUE
SANTA CLARA, CA 95050
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 sallie 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
thereof, nor moneys due or to become
assigned by the Contractor without the
the City.
the Contract, nor any part
due thereunder, may be
prior written approval of
16. COMPLIANCE WITH SPECIFICA'rIONS 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
tne 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 (lOOt' of
the contract price as security for the faithful perfol1llance of this
contract. The Con tractor shall also furnish a separate surety bond
in an amount at least equal to one hundred percent (100') of the"
contract price as securitr for the payment of all persons for
furnishing materials, prov sions, provender, or other supplies,
used in, upon, for or about the performance of the work contracted
to be done, or for perfol1lling any work or labo; thereon of any kind, and for the payment of amounts due under the Unemployment
Insurance Code with respect to such work or labor in connection
with this" Contract, and for the payment of a reasonable attorney's
fee to be fixed by the court in case suit is brought upon the bond.
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18. INSURANCE. 'rhe Contractor shall not commence work under
tbis Contract until he has obtained all insurance required by the
City, nor shall the Contractor allow any sUbcontractor to commence
work on bis subcontract, until all similar insurance required of the
subcontractor bas 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 sball also contain an endorsement providing that tbirty
(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
modifi~ation of the policy.
(a) WORKER'S COMPENSATIO~ INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take ,ut and mai~tain during the
life of this Contract Worker's Compensation Insurance and
Employer's Liability Insurance for all of his employees employed
at the site of the project and,in case any work i3 sublet, the
Contractor shall require the subcontractor similarly to provide
Worker's Compensation Insurance and Employer's Liability
Insurance for all of the latter's employees unless such employees
are covered by the protection afforded by the Contractor.
In signing this Contract the Contractor makes the following
certification, required by Section 1861 of the Labor Code •
• WI am aware of the provisions. of Section 3700 of the Labor Code'
which require every employer to be insured against liability for
worker's compensation or to undertake self insurance in
accordance wi th the provisions of the Code, and I will comply
with such provisions before commencing the performance of the
work of this contract,·-
(bJ LIABILITY INSURANCE. The ton tractor 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 damagel, 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 foilowsl
Bodily Injury Liability Insurance in an amount not less tban
$300.000.00 for injuries, including accidental death, to anY,one
person, and subje~t to the same limit for each person, in an
amount not less than $500.000.00 on account of one accident, and
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property Damage Liability Insurance in an amount not less than
$250.000.00. The city and Lts officers and employees, shall be
named as additional insureds on any such policie3 of insurance,
which shall also contain a provision that the insurance afforded
thereby to the city, its officers and employees, shall be primary
insurance to the full limits of liability of the policy and that
if the City, or its officers and employees, have other insurance
against a loss covered by such policy, such other insurance shall
be excess insurance only.
19. HOLD HARMLESS. The Contractor will save, keep, and hold
harmless the City and all officers, employees, and'agents thereof
from all damages, costs, or expenses, in law or in equity, that may
at any ,time arise or be set up because of personal injury or damage
to property sustained by any person or persons by reason of, or in
the course of the performance of 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 anyone calendar
day and forty hours of l.abor during anyone calendar week shall
constitute the maximum hours of service UDon all work done
hereunder, and it is expressly stipulated that ~o 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
b~-required or permitted to work thereon more than' eight hours
during anyone calendar day and forty hours during anyone 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 anyone 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 times the basic rate of pay. It is fUrther expressly
stipulated that for each and every violation of Sections 1811-1815,
inclusive, of the Labor Code of the State of California, all the
provisions whereof are 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 any
subcontraetor under this Can tract, for each calendar day dur ing
which said laborer, worker, or mechanic is required or permitted to
work more chan eight hours in anyone calendar day and forty hours
iri anyone calendar week in violation of the provisions of said
Sections of the Labor Code.
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The Contractor, and each subcontractor, Shall keep an accurate
.record showing the names of and actual hours worked each calendar tay and each calendar week by all laborers, workmen, and mechanics
d.mp10yed 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 Oepartment 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
'J,scertained 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.
wprkman. 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 consti tute a represen·tation of fact as to the
prevailing wage' rates upon which the Con tractor or any
subcontractor under him may base any claim against the city.
1776. (a) Each Contractor and subcontractor shall keep an
accurate payroll record, showing' the name, address, social security
number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to
each jOllrneyman, apprentice, w.orker, or other employee employed by,
him or her connection with the public work.
(b) The
certified
hours at
basis:
payroll records enumerated under subdivision (a) shall be
and shall be available for inspection at' all reasonable
the principal office of the Contractor on the following
(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 r·equest.
(2) A certified copy of all payroll records enumerated in
subdivision (al shall be made available for inspection or
furnisbed upon,request to a representative of the body awarding
the contract, the Division of Labor Standards Enforcement and
the oivision of Apprenticeship Standards of the Department of
Industrial Relations.
(3) A certified copy of all payroll records enumerated in
subdivision (al shall be made available upon request to the
public for inspection or cop!es 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
J;:llforcement. The public shall not be given' access to such
records at the principal office of the Contractor.
(c) Each Contractor 'sha1l file
enumerated in subdivision (a) with
records within ten (la) days after
a certified copy of the records
the entity that· requested such
receipt of a written request.
, .
Cd I Any copy of records. made aval lable for inspection as copies
and furnished upon request to the public or any public agency by
the awarding bids, the Division of Apprenticeship standardS or the
Division of Labor Standards Enforcement shall be marked or
obliterated in such' a manner as to prevent disclosure of an
individual's name, address and social security number. The name
and address of the Contractor awarded the contract or performing
the contract shall not be marked or obliterated.
(el The Contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (aI,
including the street address, city and county and shall, within
five working days, provide"a notice of a change of location and.
addresS".
(fl 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 mus t comply wi th th·is section. ShOUld
noncompliance still be evident after such ten (101 day period, the
Contractor shall" aa a penalty to I:he state of pol! tical
subdivision on whose behalf the contract is made or awarded,
forfeit twenty-five dollara ($25.001 for each calendar day or
portion thereof, for each worker, until strict compliance is
effectuated. Upon ehe request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement~ such
penalties shall be withheld from proqress payments then due.
(g) The body awarding the contract shall cause to be inserted in
the contract stipulations ,to effectuate thh section. Such
stipulations' shall fix the responsibility for compliance with this
section on the prime contractor.
lhJ The director shall adopt rules consistent with the california
public Records Act, (Ch; 3.5 (commencing with Section 62501 of Div.
7; Title 1. Gov. Ch. I and the Information Pract.icel Act of 1977,
(Title 1.8 (commencing with Sec. 1798) Pt.. 4, eiv. 3, civ. C.l
governing the release of SUch records, including the est.ablishment
of reasonable fees to be charged for reprodUcing copiea of records
required by this aection. (Added by stats. 1978, Ch, 12491.
1775.5 Nothing in this chapter shall prevent the employment of
properly registered apprentices upon public work.
Every su~h apprentice shall ,be paid the
apprentices under the regulationa of the craft
is employed, and shall be employed only at the
trade to which he is reqistered • •
Pag.e 9
st.andard wage paid' to
or " trade at which he
work of the craft or
, .
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Only apprentices. as defined in Section 3077. who are 1n training
under apprenticeship standards and written apprentice agreements
under Chapter 4 (commencing with section 30701, Division 3, of the
1.al;lor code, are 'eligible to be employed on public works. The
employment and training, of each apprentice shall be in accordance
wi th the provisions of the appren ticeship standards and apprentice
agreements under which he is training.
When the Contractor to whom the contract is awarded by the state
or any political subdivision, or any subcontractor under him, in
performing any of the work under the contract or subcontract,
employs workmen in any, apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint
apprenticeship committee administering the apprenticeship standards
of the craft or trade in the area of the site or the public work
for a certificate approving the Contractor or subcontractor under
the apprenticeship standards for the employment and ,training of
apprenticeships in the area or industry affected, provided,
however, that the approval as established by the joint
apprenticeship commfttee 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
s~~ndards. The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio
~ipulatedin the apprenticeship standards under which the joint
apprenticeship committee operates but in no case shall ~he ratIo be
less than one apprentice for each five journeymen, except as
otherwise provided in this ~ection.
The Contractor or subcontractor, if he is covered by this
section, upon the issuance of the approval certificate, or if he
has been previously approved in such craft or trade, shall employ
t!te number 'of apprentices or the ratio of apprentices to journeymen'
stipulated in the apprenticeship standards. Upon proper showing by'
,the Contractor that he amplorS apprentices in such craft or trade
in the state on all of th s 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 l-to-5 ratio as set forth in this section. This
section shall not apply to .corttracts of general contractors
involving less than thirty thousand ($30,000.001 or twenty (20)
workinq days or to contra~ts 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.
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"Apprenticeable craft or trade," as used in this section, shall
mean a craft or trade determined as an apprenticeable occupation in'
accordance with rules and requlations prescribed by the
Apprenticeship council. The joint apprenticeship committee shall
have the discretion ,to g'rant a certificate, which shall be subject
to the approval of the Administrator of Apprenticeship, exempting' a
contractor from the l-to-5 ratio set forth in this section When it
finds that anyone of the followinq conditions are metl
(al In the event unemployment for the previous three month period
in such ar~a exceeds an average of 15 percent, or
(bl In the event the number of apprentices in training in such
area exgeeds a ratio of l-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
throug'h apprenticeship training, either (lIon a statewide basis,
or (2) on a local bash. ",
Id) If assignment of an apprentice to any work performed under a
public works contract would create a condition which would
jeopardize his life or the life, safety, or property of fellow
employees of the public'at larg'e if the specific task to which the
apprentice'
When such exemptions are g'ranted 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 submit individual applications for approval to local
joint apprenticeship committees, provided they are already covered
by the local apprenticeship standards.
~ contractor to whom the contract is awarded, or any
subcontractor under him, who, in performing' any of the work, under t~e ,eontract, 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 wbich fund or funds other contractors in the area of the
gite 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 ag'reement shall pay a
like amount to the California Apprenticeship Council. The
contractor or subcon~ractor may add the amount of "such
contribudone 1n computing his bid· for the contract. The Division
of tabor"Seandards Enforcement ie authorized to enforce the payment
of '" il1clr·eont:ribut1ons to the fund or funds as set forth in Section 227. "" .
Page 11
, .
The body awarding ~he con~rac~ shall cause ~o be inser~ed in ~he con~rac~ stipula~ions ~o effec~ua~e ~his sec~ion. such s~ipula~ions shall fix the responsibili~y of co~liance with this
section for ,all spprenticeable occupations with the prime
conl:ractor.
All decisions of ,~he joint appren~iceship commit~ee under ~his
section are subjecl: to the ~rovisions of Section jOal. ,{Amended by
Stats. 1976, Ch. 11791
1777.6 It shall be unlawful for an 'employer of a labor union to
refuse to accepl: otherwise qualified employees as' regis~ered appren~ice!l on any public works, on the ground of the race,
religious creed, color, na~ional origin, ancestry, .ex, or age,
except ss provided in Section 3077, of such employee. {Amended by
Stal:. 1976, Ch. 11791
1777.7 (a I In !:he eV@ln~ a contrac~or willfully fails to comply
with ~he provisions of Sec~ion 1777.5, such contractor shalll ,
(11 Se denied the right to bid on any pub1ic
period of one year from the da~e the
noncompliance i~ ~de by I:he Administrator of
works contract for a
determination of
Apprenl:iceship, and
(~) Porfeit as a civil penalty in I:he sum of fifty dollars
{$SO.OOI for each calendar day of noncompliance. Mol:hvi~ha~anding
the provisions of Section 1721, upon receipt of such a de~ermination I:he awarding body shall wil:hhold from contrac~
progresS payment. then due or to become due such sum.
(b) Any 'such determination shall be issued after a full
inves~igation, a fair and impar~ial hearing, and reasonable ,notice
~hereof in accordance with reasonable rules and procedures p~escribed by tbe California Apprenticeship Council.
~ (cl AnY' funds withheld by I:he awarding body pursuant ~o this
Dection shall ,be deposil:ed in I:be general fund if the awarding body
is a state en~i~y, or in ~he equivalent fund of an awarding body if
such awarding body is an ent.Hy ol:he,r than the st.at...
The !nl:erpretation and
shall be 'in accordance
California Apprenl:iceshlp
1249)
enforcemen~ of Sec~ions 1111.5 and 1111.1
wi~h I:he rules and procedures of the
Council. (Amended by S~ats. 1978, Ch.
I~ shall be manda~ory upon ~he Contractor, and upon any
subconl:ractor under him, ~o pay not less ~han t.he said specified
rates t.o all laborers, workme~, and mechanics employed in ~he
exeeu~ion of the Contrac~. It. i. fur~her expressly .tipula~ed ~hat
the,concract.or shall, as a penalty to the City, forfeit. twen~y-five
:' dol1&1'1l '{'2S.001 for each calendar day,' or portlon thereof; for
.:': each laboter. workman, or mechanic paid less t.han t.he .tipula~ed ~\';iJ~ti!iiJlHllng htes for any work done under t.his conl:ncl: by hi.m or by ,:':.~. aftf: iubt:!ont:rac~or l:inder work done under t:his conl:rac!: by him or by ',·.;;r 1l1y l!Ilil:u:on~rl1c~or under htm, and Contractor agrees t.o comply with
, .. "All provisions of Section 1115 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 thull 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 ~or the protection of persons (including employees) and
property. The safety provisions of applicable laws, building and
construction codes shall be observed. Machinery, equipment, and
other hazards shall be guarded or eliminated in accordance with the
safety provisions of the Construction Safety Orders issued by the
Industrial Accident Commission of the State of California.
23. PAYMENT. Payment will be made in accordance with the attached payment
schedule. The city will make partial payment to the Contractor on the
basis of a duly certified approval estimate of the work performed
and materials incorporated in the project, during the preceding
calendar month, by the Contractor, but the City will retain ten
percent (10') of the amount of each of said estimates until the
expiration of thirty-five (351 days from the date of recording by
the city of notice of acceptance of completion of all work covered
by this Gontract, if such notice be recorded within ten days after
the acceptance of completion of such Contract·· as evidence.d by
resolution of its governing body 1 or, if such notice be not so
recorded within ten days, until the expiration of ninety-five (95)
days after the acceptance of completfon of such work of improvement
as evidenced by resolution of its governing body, at which time and
not before, the city shall pay to the Contractor the whole of the
remaining ten percent (10') of said contract price So held back as
provided, said certificates to be furnished by and obtained from
the City's representative shall, before the last Tuesday of each
month, deliver said certificates under hand to the City, or in lieu
of such certificates, s.hall 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
Paqe 13
• -,
thereof, the writing aforesaid, within ten (101 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 wi.thin 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 w~iting shall entitle the Contractor
to the certificates. The payment of progress payments by the City shall not be
construed as an absolute acceptance of the work done up to the time
of such payments, but the entire work is to be subjected to the
inspection and approval of the city, and subject to whatever
inspection and approval may be required by law.
24. PROTECTION OF PUBLIC UTILITIES. The City Shall be
responsible as between the parties to this Contract only, for the
removal, relocation, or protection of existing public utilities, If
any, located on the site of construction, but only if such public
utilities are not identified by the city in the Plans and
Specifications made a part of the invitation for bids. The City
shall compensate the Contractor for costs incurred in relocating or
repairing damage to utility facilities not indicated in the Plans
and Specifications, other than service laterals when the presence
of such utilities on the construction site can be inferred from the
presence of such visible facilities as buildings, and meters and
junction boxes on, or adjacent to, the construction site. The
Contractor shall not be assessed liquidated damages for delay in
completion of the Contract project, as provided in Paragraph 27
below, when such delay is caused by the failure of the City, or·
other public utility, to provide for the removal or relocation of
the existing utility facilities. If the Contractor while
ptrforming the Contract discovers utility facilities not identified
by the City in t:he Contract plans and Specifications, the service
laterals as hereinabove described, he shall immediatelY notify the
City in writing.
25. CONTRACTOR'S RESPONSIBILITY FOR THE HORK. The Contractor
shall not be responsible for the cost of repairing or restoring
damage to the work caused by an Act of God. REVERTRE):..ESS, ·the
Contractor shall, if the insurance premium is a separste bid item, .
obtain the insurance to indemnify the City for any dsmage to the
work caused by an Act of God. -Acts of God-shall include only the
following occurrences or conditions and effectsl earthquakes and
tidal waves, when such occurrences or conditions and effects have
been prociaillled 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 Buffet 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 durin; its construction and
acceptance.
before'
26. CONTRACTOR'S GUARANTEE. The Contracto~ ,unqualIfiedly
guarantees the firat-class quality of all workmanship and of all
materials, apparatua, and equipment used or installed by him or by
any subcontractor of supplier in the project which ia the subject
of this contract, unless a lesser quality is expressly authorized
in the Plans and specifications, in which event the Contractor
unqualifiedly guarantees auch lesser qualitYI 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~ate of acceptance of completion of this Contract by the
City, the contractor' will forthwith remedy such defects without
cost to the city. .
27. LIQUIDATED DAMAGES. Time shall be of the eSBence 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 ahall
become liable to the City for liquidated damages in the aum of
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 hi's sureties shall be 1 iable to the Ci ty any
exeesa.
"'29.' APDITIONAL PROVISIONS.
None
Page lS
CORPORATE ACKNOWLEDGMENT NO.2<l2
State 01 CaUfornia }
-=s::a::.:n:.:ta::....:Cl.aI'::..:..::=.'a=--___ ss. County of
19...1i8., before me,
Kathy Fisher
the undersigned Notary Public, personally appeared
Esther Cottishaw
ri:'Gi:'Gi:'Gi:'Gi:'G~Wl1W1W1W1W1W1Wt:;:
~ '. OFFICIAL SEAIl §
§ KATHY FISHER ~ NOTARY PUBliC· CAlifORNIA i
~ SANTA CLARA COUNTY II
2 My Commission Expire, Aug. 21, 1991 I
="""""""""""""""~IX'J""""""""""""""""""""
lil personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who'executed the within instrument as
PX'esident or on behalf of .the corporation therein •
Notary's
• . ,
P.O. No.
IN WITNESS WHEREOF, the partiea have ex@cuted this Contract, in
duplicate, the day and year first hereinabov@ writt@n.
Approved as to form
~
City Attorney
Notary acknowledgment required.
If & corporation, corporate aeal
and corporate notary .
CITY OF CUPERTINO
Mayor:
CHy ""t. ~~~
Date/City Clerkl ~~~
/,". I •• '; C()Y}S'fuc,..71", CONTRACTOR I C f) II 5 ,,~"'-' ':I y1 <...
• acknowledgment requir@d • . ,'
" project, Name And Number I. TRAFFIC SIGNAL MODIFICATION AND STREET IMPROVEMENTS
• AT PRUNERIDGE AVENUE AND WOLFE ROAD, PROJECT 4024
•
Contractora Namel COLLISHAW CONSTRUCTION, INC.
. '430 MA~TIN AVE., SANTA CLARA, CA 95050
Contract Amountl ONE HUNDRED FORTY-SEVEN THOUSAND ONE HUNDRED NINETY-NINE AND
.00(100 DOLLARS ($147,199,00)
COnt.radt. Account Number I· 120-5024-953
Page 16
PRODuceR o TED PATRICK
CALIFORNIA CASUALTY
P.O. BOX M
SAN MATEO, CA. 94402
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIRCATE ODES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
~j!fe~NY ACALIFORNIA CASUALTY INDEMNITY EXCHAJ-lGE
~= ......... ~~~ ....... -~~~~---~~~~~~-1 COMPANY B INSURED LETTER
COLLISHAW CONSTRUCTION INC.
1125 MASURY ROAD
SAN JOSE, CA. 95133
CCMPANY C LETIER
COMPANY D LETTER
COMPANY E LETTER
COVERAGES >,
THIS IS TO CERTIFY THAT POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIRCATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUOIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI·
TlONS OF SUcH POUOIES.
TYPE OF INSURANCE
G~NERAL LIABIlITY
ClAIMS MADE '--i-='
LtABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON·DWNED AUTOS
GARAGE LIABIliTY
t.=:;:;-•• UABILITY
• OTHER THAN UMBRELLA FORM
POLICY NUMBER
2 00 0359 01 88
DESCRIPTION OF OPEAATIONSILOCATIONSIVEHIOLESIAESTRICTIONSISPECIAL ITEMS
RE: PRUNERIDGE AND !VOLFE
CITY OF CUPERTINO
10300 TORRE AVE.
CUPERTINO, CA. 95014
ALL LIMITS IN THOUSANDS
EACH OCCURRENce
C E R T I F I CAT E 0 FIN SUR A N C E ISSUE DATE: 06/14/88
PRODUCER======================================THIS=CERTIFICATE=Is=isSUED=AS=A=MATTER=OF~INFORM~TioN=oNLY=ANb=CONFERS===
DORSEY6HAZELTINE ~ WYNNE ' NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, P.O. B X 50307 EXTEND OR ALTER THE COVERAGE AFFORD~DBY THE POLICIES BELOW.
PALO ALTO CA· COMPANIES AFFORDING COVERAGE
ZIf' CODE 94303
-----------------------~---------------
INSURED COLLISHAW CONSTRUCTION 1125 MASURY AVENUE SAN JO~EJ CA
ZIP CODE 95133
/ '
I
COMPANY LETTER A
COMPANY LETTER B
COMPANY LETTER C
COM~ANY LETTER [I
COMPANY I.ETTER F
AETNA C /, S
~~=~========================================================~~=========================================~~=========~===
COVERAGES . THIS IS TO r.ERTlFY THAl ,'OLIGIES (IF INSURANGE LISTElI ~flOW H~Vr. BEEN r~Sll~D TO THE INEUREDNAMEIi A~OVE FOR THE P[lLlI:Y
PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH' RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAiN, THE IIlSIIIWJIT ""n~nED BY THE POll(~IF.S DESCRiBED HER~W IS SU~,IF.C1 TO ALL TilE TERMS, EXCLUSIOi,S, AND CONDITIONS OF SUCH POLICIES. ' -'
=======%=~=============================================================~===========~===================~=============
POLICY POLiCY CO LTR TYPE OF INSURANCE POLICY NUMaER EFF. DATE" EXP. DATE ALL LIMITS IN THOUSANDS =========================================================================================================:=:===========
I GfI!ERAL LIABILITY . I A/ (X) COMMERCIAL GENERAL LIABILITY C05253195CCA 01/01/8B 01/01/89 I GENERAL AGGREGATE $2,000
( ) CLAIMS MADE (X) OCCURRENCE I PRODUCT-COMP/OPS AGGREGATE $2,000
I ( ) OWNERS ~ CONTRACTORS PRUTECTIVE PERSONAL /, ADVERTISING INJURY $1,000 ( ) EACH OCCURRENCE $1,000 __ l_~_~ ___________ ~ _____________ " ______ ! ______________________________________ !_~~~!~;~:~~~~~~~~!~~~_~~~~~~~~~~~_!~ __ ~~
IAUTOMOBILE LIABILITY 1 01/01/89 1 CSL AI (X) ANY AUTO I FJ782016CCA 01/01198 , $1,000 ( ) ALL DUNED AUTOS BODILY II/JURY , '( ) SCHEDULED AUTOS / , (PER PERSON) $
(Xl HIRED AUTOS SOnILY INJURY
I (X) NOli-OWNED IlUTDS I . I (PER .ACCIDH/T)' $ I ,( ) GARAGE LIABILITY PROPERTY Ie) , DAMAGE $ _~~ ______________ w ___ ~ _______________________________________________________________________________ ~ ________________ _
1 / I . EACH lEXCESS LIADIl.ITY ·OCCURRENCE AGGRE!iAU,
AI (X) UMBRELLA FORH / XS546292 01/01/88 01/01/89 I I ( ) OTHER THAt! IlHBREI.I.A FORM $1,0(>0 H,OOO
I I I
--~-------------------------------------------------------------------------.---~------~-------------------------------I IWOf~K[RS· WMPENSATIDN
I ' ArlD EMPI. UYERS' I.IA~IL.m
I
OTHEIl
I STATUTORY
$ (EACH ACCIliENT)
I $ (DISEASE-POLICY LIMIT) l !DISEASE-EACH t.MPLOYEE)
I
I ,I
------------------------------------------~-----------*----------------------------------~----------------~------------IIESCRIPTION OF npERATIONS/LOCATIONSIVEHICLES/REST~ICTIONS~S~ECIAL !TEllS
ALL OPERATIONS OF IIAHED INSURED AS COVERED BY POLICr' AND ALL ENDORSEMEtlTS
THERETO AS RESPECTS TRAFFIC SIGNAL HOnIFICATION AND STREET IHPROVEMErITS AT PRUNERI[lGE AVE. ~ WOLFE ROADj ADDITIONAL IIISUREIi PRIMARY· EI/IlO •. ATTACHED
=CERTIFlcATtHoLDEr;====================, =C~NCELL~TION=:======-=============;;.=============================::::=========
.' CITY OF CUPERTINO I
10300 TORRE AVENUE / CUPERTING, CA .
ZIP CODE 95014 I .
I AUTHORIZED REPRESEtITATIVE
I HORSEY HAZELHNE !. WYNNE
"
,
,I
This endorsement Is part 01 the atlached policy, 'II is clfecliVl! from the stan 01 the policy term unless stated ~Iow,
(Complete below when'added alter policy Issuance.)
,
Ellectl'll! date 6/24/88 Policy tk CO 5253195CCA Endorsement No. TBD
Named Insured COLLISHAW CONSTRUCTION INC
AddItional Premium Ir' luded
CONTRACTORS LIABILITY ~OllCY
,"
ADDITIONAL INSURED
(OWNERS OR CONTRACTORS)
riame of Additional Insured: CITY OF CUPERTINO, OFFICERS, EMPLOYEES, AND AGENTS
WE agree with YOU that the person or organization shown above is an insured ror work
perrormed by or for YOU.for this person or organization. WE will , also insure the acts
or omissIons of this person or or~anization for ~eneral supervision of this work. Job description TRAFFIC SIGNAL MODIFICATION AND STREET IMPROVEMENTS, AT
PRUNERIDGE AND WOLFE ROAD 4024 ___________________ JOb' ______ Cost 147,199.
ADDITIONAL PROVISION:
SUBJECT TO AU, OTHER TERMS AND PROVISION OF THE POL ICY, SUCH INSURANCE AS PROVIDED BY THIS
ENDORSEMENT SHALL BE DEEMED PRIMARY, BUT ONLY WITH RESPECTS TO WORK PERFORMED BY OR FOR
TIlE NAMED INSURED IN CONNECTION wITH TIlE ABOVE DF:SCRIBF:D CONTRACT AND TIIAT SUCH OTHER
INSURANCE OF THE ADDITIONAL NAMED INSURED SHALL BE EXCESS INSURANCE ONLY.
,
•
· ..
FAITHFUL PERFO~ICE BOND
~OW ALL MEN BY THESE PRESENTS:
THAT WE, COLLISHAW CONSTRUCTION, INC.
as Principal and RELIANCE INSURANCE COMPANl
Executed in 'Du:'plicate
Bond # B 61 32 18
Amount$2,120.00
as Surety are held and firmly bound unto the City of Cupertino, State of California.
in the sum of ONE HUNDRED FORTY-SEVEN THOUSAND ONE HUNDRED NINETY NINE & 00/100
Dollars ($147,199.00 ) 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.
TRE CONDITION of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated ______________ __
with the Obligee
CITY OF CUPERTINO to do and perform the following work to-wit: TRAFFIC SIGNAL MODIFICATION AND STREET IMPROVEMENTS AT PRUNERIDGE AVE. & WOLFE RD,
TRAFFIC SIGNAL MODIFICATION AND STREET IMPROVEMENTS.
PROJECT 4024
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 etgcuted by the Principal
and Surety this 14th day of June , 19 ___ ,
(To be signed by Principal
and Surety and acknowledgment.)
r ncipal
RELIANCE INSURANCE COMPANY
Surety
The above bond is acce~ted and approved thi _________ , 19 __ •
,"
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
Executed in " :Dwlicate
Bond No. B 61 32 18
Amount Included
WHEREAS, the City of Cupertino, State of California, and
COLLISHAW 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;
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 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
ONE HUNDRED FORTY-SEVEN THOUSAND ONE HUNDRED NINETY-NINE & 00/100 DOLLARS
___________________ ($ 147,199.00 ).
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 use~ 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.
"
,
)
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 i~strument has been duly executed by the
Principal and Surety this 14th day of June , 19~8~8<--_
(To be signed by Principal
and Surety. Notary
acknowledgments required.) Reliance Insurance Company
Surety
The above bond is accepted and approved this ________ ,day of
_________________________ , 19 __ _
6/17/85
'.
CORPORATE ACKNOWLEDGMENT
State of CAll FORN IA
County of SANTA CLARA
} SS.
OOl:\C!ll:\C!lil>(9r.<9l:\C!l/:;J!JiI>(9/:;J!Jr;,I9r;,19/>(9i1>(9Il>\!)/l'< .~ . OFFICIAL SEAL g
l! ,._,; "". I<A THY fiSHER G i '~!'tJ NOTA~Y puauc. CAlIFO~NIA ~ §, SANTA CLARA COUNTY §
~ My Commission Expire, Aug. 21, 1991 il
j>(!)r;,I9/>(9I;>1!)~O<!i~I;>I!)Il>\!)IS<tl"""~I;>I!)""
No,m
On this the -2.!:L-clay of JUNE 19..-8.a, before me,
______________ ~KA~nw~ FISHER
the undersigned Notary Public, personally appeared
ESTHER COLLISHAW
Xl personally known to me
o proved to me on the basis of satisfactory evlclence
to be the person(s) who executed the within Instrument as
PRES WENT or on behalf of the corporation therein
Notary's
•
Stata of California, }
County of SANTA CLA""",RA\£L __ , SS.
14th June 1988 On this --------:-.1. day of in the year ______ , before me Notary of Public
personally appeared John J I.Qugbran • 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~ln~Fact
of RELIANCE,INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the
instrument.
•
' OFFlCIA"~EAL , '. TAMMY J O'Am-GIIIO
! NOTARY PU8l1c-CAL.IFORNIA
SANTA CUlM COUNTY
IIV CIlMM. EXP. AUG. 11,1989
My Commission expires _______ .:.8_-.:.1,.:.1, 19 ~
BDR·lS1S ED.6183 !CALlF.1
f,
I
'1
• I '.I
I '.
CORPORATE ACKNOWLEDGMENT
State of _ CAl I FJ.JO",RI'lNLIAtL ___ }
SS.
County of SANTA ClARA
NO. 202
On this the --Z!L day of ____ -"J"UN=E __ ~. 19.Jl1l.. before me,
KATHY FISHER
the undersigned Notary Public, personally appeared
____ --'ES= THER COLLISHAW
!Xl personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within Instrument as
PRES I DENT or on behalf of the corporation therein
named. and acknowledged to me that the corporation executed It .
WITNESYd and official seal.
Notary,s~'~
State of California. }
_--==::'::':::-===---" SS. CountY of Santa Clara
On this 14th • day of June ;n the year 1988 • 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
instrument.
•
OFFtCJAt. SEAL • TAMMY J 0' ANTONIO
~ . NOTARV PUSI..ICwCAl..lFORNIA
•• ~ SANTA ClAAA COUNTY
MY OHM. EXP. AUG. 11.1969
8-11 89 My Commission expires _________ , 19 __
BDR·1B1B ED,6IBa (CALIF.)