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84-062 Homestead Rd & Wolfe • CONTRACT FOR PUBLIC WORKS CONTRACT made on September 11, 1984 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and STEINY AND COMPANY, INC. , hereinafter called the CONTRACTOR. IT IS HEREBY AGREED by the parties as follows : 1 . THE CONTRACT DOCUMENTS . The complete contract consists of the following contract documents : A. Plans and Specifications for Homestead Road and Wolfe Road Traffic Signal Modification, Project 82-09 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 Road and Wolfe Road Traffic Signal Modification, Project 82-09 , 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 City, which Plans and Specifications are entitled, respectively, Pana 1 Homestead Road and Wolfe Road Traffic Signal Modification, Project 82-09 , and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools , equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work • shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr . Bert J . Viskovich, Director of Public Works . 3 . CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of : ONE HUNDRED FIVE THOUSAND THREE HUNDRED EIGHTY-EIGHT AND 00/100 DOLLARS ($105, 388 .00 ) subject to additions and deductions as provided in the Contract Documents . 4 . DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true. value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5 . PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc . , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws , ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6 . INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such 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 deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and ' reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree . No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 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 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 inaccordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9 . TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties . The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10 . TIME FOR COMPLETION . All work under this Contract shall be completed: ON OR BEFORE JANUARY 18 , 1985 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 . Paae 3 11 . INSPECTION AND TESTING OF MATERIALS . The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in -order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the • Contractor. 12 . TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty days from the date of the serving of such notice, the City may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in completing the work, such materials , appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13 . THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF . In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such 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 . Paae 4 14 . NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in ' the following manner: (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails , enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b ) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: 27 Sheridan Street, Vallejo, CA 94590 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United States mails , enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified . 15 . ASSIGNMENT OF CONTRACT. Neither the Contract, nor 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 the City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17 . CONTRACT SECURITY . The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (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. Dart= 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 out and maintain during the life of this Contract Worker' s Compensation Insurance and Employer' s Liability Insurance for all of his employees employed at the site of the project and,in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker' s Compensation Insurance and Employer' s Liability Insurance for all of the latter' s employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker' s compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. "' (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control 'of the Contractor, and also including 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 $300,000.00 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 • Property Damage Liability Insurance in an amount not less than , $200, 000.00. The City and its officers and employees, shall be named as additional insuredson any such policies 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 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 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 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 calend'ar 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 day and each calendar week by all laborers, workmen, and mechanics employed by him in connection with the work contemplated by this Contract, which record shall be open at all reasonable hours to the inspection of the City of its officers or agents and to the Division of Labor Law Enforcement of the Deparmtne of Industrial Relations of the State of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor •or any subcontractor under him may base any claim against the_ City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. ( 2) A certified .copy of all payroll 'records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to 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 (d) Any copy of records made available for inspection as copies and furnished upon request/ to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall, within five working days, provide a notice of a change of location and address. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply , with this section. Should noncompliance still be evident after such ten (10 ) day period, the Contractor shall, as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit .twenty-five dollars ($25.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. (h) The director shall adopt rules consistent with the California Public Records Act, (Ch. 3. 5 (commencing with Section 6250 ) of Div. 7, Title 1. Gov. Ch. ) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. ) governing the release of such records, including the establishment of reasonable 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. 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 Page 9 employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The 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 ) working days or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than two thousand dollars ($2,000 .00 ) or fewer than five (5) working days. "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in Page 10 • r 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 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 large if the specific task to which the apprentice When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to 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 him, who, in performing any of the work, under the. contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators are unable to accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The contractor or subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of Labor Standards Enforcement is authorized to enforce the payment of such contributions to the fund or funds as set forth in Section 227. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. Page 11 • All decisions of the joint apprenticeship committee under this section are subject to the provisions of Section 3081. (Amended by Stats. 1976, Ch. 1179) • 1777. 6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by Stat. 1976, Ch. 1179) 1777.7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777.5, such contractor shall: (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50.00) for each calendar day of noncompliance. 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 depositied in the general fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the state. The interpretationand 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 of the Contract. It is further expressly stipulated that the Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each laborer, workman, or mechanic paid less than the stipulated prevailing rates for any work done under this Contract by him or by any subcontractor under work done under this Contract by him or by any subcontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. In case it becomes 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, Page 12 administrative, clerical, or other non-manual workers as such) for which no minimunm 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 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. 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) days after the acceptance of completion of such work of improvement as evidenced by resolution of its governing body, at which time and not before, the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City' s representative shall, before the last Tuesday of each month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of completion. In event of the failure of the City' s representative to furnish and deliver said certificates or any of them or in lieu 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. Page 13 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 liquididated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR' S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 26. CONTRACTOR' S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as 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 will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the date of acceptance of completion of this Contract by the City, the Contractor will forthwith remedy such defects without cost to the City. 27 . LIQUIDATED DAMAGES . Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of One Hundred Fifty and no/100 Dollars ($150 .00 ) for each and every calendar day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof , which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual 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 ^STATE OF CALIFORNIA }ss.4. 'COUNTY OF Los Angeles On this 30th day of August, 1989 , in the year 19_, before me, the undersigned, a Notary Public in and for said State, personally appeared . .. . Jay Perry — Secretary OFFICIAL SEAL STEIN? AND COMPANY, INC. 1 MARY McCLUNG , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the NOTARY PUBLIC-CALIFORNIA > PRINCIPAL OFFICE IN within instrument on behalf of the Corporation therein named, and acknowledged to me that E LosANOELESCOUNTY the Corporation executed it. fi - .. My Commission Exp.Mar. 11, 1987 WITNESS my hand and official seal. ! 47 i Notary Public in and for said State. ACICNOWLEOGMENT—Corporation—WoIrolb Fun 222CA-x—Rev.5-82 01982 WOLCOnS.INC. • P.O . No . IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written . CITY1, j CUPE• IN• Approved as to form .....04, •ayor: illes--"" 4C.:2>,,,,), 40/1 y ' •r i y C e k bate/City Clerk: 1 STEINY AND COMPANY; INC► CONTRACTOR: State license No. 1,61273 fr • i i 0 By : 1Y . PERRY, SECR ARV" - _ Notary acknowledgement required. ; If a corporation, corporate seal and corporate notary acknowledgement required. Project Name and Number: Homestead Road and Wolfe Road Traffic Signal Modification, Project 82-09 Contractors Name : Steiny and Company, Inc . Contract Amount: One Hundred Five Thousand Three Hundred Eighty-Eight and no/100 Dollars ($105,388 .00 ) Contract Account Number: 210-8209-953 .000 Page 16 STEINY AND COMPANY, INC. 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 con- structing to completion Homestead Road and Wolfe Road Traffic Signal Modification, Project 82-09, 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 Wolfe Road Traffic Signal Modification, Project 82-09, as described in the Special Provisions. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. • PROPOSAL Page 1 of 8 • STEINY AND COMPANY, INC. TIME FOR COMPLETION 1: The traffic signal poles and hardware will be del'vered to the job site for erection on or before _0,.. ad , 19 2. The traffic signal system will be completed and operating on or before , 19 T5 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 Signal Modificationf �I � $ 53 (0IN.�s /Ls $ 534/V. Dollars/LiE-A / 2. L.S. Construction Signing and Traffic � Control � L(r-4. ,� o�C!.� 00 6L $ 1800. -- /LS $ J c?crL-- Dollars/L.S. 3. 14 Each Traffic Signing Removal, nstallation n elgcation ao OD ')')__'"'�_ c.�l $ 177• /EA $ a 517,57,.. -- 4. 4. 6 Each Sandblasting P vemen Lege s and Arrows (01,44, 0 Cb $ PQM' /EA $ Goy'` Dollars/EA 5. 2434 L.F. Sandblasting Existink Traffic Striping ,.[j.ui ,di 11 . $ . 75 /LF $ j cPas.�a Dollars/LF 6. 100 Each Removal of Existing Traffic Markers Dollars/EA • PROPOSAL Page 2 of 8 se • STEINY AND COMPANY, INC. 70.4stimated Quantities, Continued BID EST. QTY. ITEM UNIT ITEM UNIT PRICE TOTAL 7. PROVIDE TRAFFIC STRIPING: 472 L.F. a) 6" White $ SO /LF $ 0236 . ' • • 175 L.F. b) 8" White $ . $p /LF $ a'7 ..sa 285 L.F. c) 12" White $ I , pp /LF $ APS'. 0^ 88 EACH d) Type D Traffic Markers $ 1.CO /EA $ (Q c(. . 56 EACH e) Type G Traffic Markers $ 3.co /EA $ i (off? oD 439 EACH f) Type AY Traffic Markers $ a. W /EA $ & Z t 189 EACH g) Type A Traffic Markers $ A. CYO /EA $ 37d'• 5 8. L.S. Pave mQnt Removal 71m- Z4.a.....4,O CD $ a, OM. /LS $ ,000. au Dollars/LS 9• 1585 S.F. Concre-Iimte Removal L "Iwti... Dollars/SF $ 1 . S_` ISF $ A-3 Z 1 D 10. 375L.F. Curb nd Gutter Re val F%- $ LI. — /LF $ / (03i. Dollars/LF 11. L.S. ' E4xxcavat'on and SubgFad1Preparati,�n • aaa.so_� �"//''JJ``�.11/l''/l $ CO 7 33 • �/LS $ Co7�. 1-�1 Dollars/LS 12. 385 L.F. In 1 Standard urb and Gutter ' / $ 0.7)- /LF $ VI 10420. VO"-- • Dollars/LF 13. 1900 S.F. ....;1::111 4" Co crate. Sidewalk —�—_¢ 00 Q� Ci Cir.✓ (Sih $ 3 .d� /SF $ ( / 7C. . Dollars/SF 14. 490 S.F. Install 6" Con rete Sidewalk egt4 7r. Sla cl - $ 3 - -" /SF $ ) f37. Dollars/SF 15. 5O S.F. Install P.C. Base ). la. /SF $ (oop . °= $ Dollars/SF . PROPOSAL Page 3 of 8 • STEINY AND COMPANY, INC. ,cimated Quantities, Continued BID EST. QTY. ITEM UNIT ITEM UNIT PRICE TOTAL 16. 130 TON Install Asphalt Concrete Cral $ 8s. r /TON $ r ),050• Dollar/TON 17. 3 EACH Install AHannd�i ap Re-4 4 �� (ns CYM $ S 7 5: /EACH $ / S. N Dollar/Each 18. 1 EACH Remove Drop Inlet $ J 00• /EACH $ c�J00. ? Dollar/EACH 19. 1 EACH Install Drop inle �,..� ' $ �T S. /EACH $ � ? S• CD Dollar/EACH 20. 2 EACH Adjust 'tFiield I le s to Grade tii { L " -r1A—. $ 17SO� /EACH $ 3SO . Ob Dollar/EACH 21. 25 L.F. I s—all ]_- oott Hig Brick Wall $ 020. /LF $ SCC). on-- Dollar/LF 22. 4 EACH Adjust Uti_it goxer t Y Gr O•n,e +�Y�.Sc $ IOO• /EACH $ c/ OC). Dollar/EACH 23. L.S. Landscape odificat on 72 Aj�,.-cam - Dollar/L $ ,ScO• /Ls $ Soo. TOTAL BID $ / 05 3 re. PROPOSAL Page 4 of 8 / (AZ vA A /:1A A. STEINY AND COMPANY, INC. 4 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 $ IU '. o,C /�,� ,q,,,a,,,,T , as required by law and the Notice to Bidders. (10% of bid amount) • STEINY AND CO k • • Y INC. 1/4//--1 . - • -• DONNELL VI • P• •SI► PROPOSAL Page 5 of 8 STEINY AND COMPANY, INC. A. BLU UUCUMZNI S , concinuec • BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, cha undersigned submits the following statements as to his experience and co his qualifica- tions as a part of chis 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? L< ycs-a,e.s (2) How many years' experience in work comparable with chat required under the proposed contract has your organization had by this or any ocher name? 25' (3) Contractor's License No. LIC.# 161273 ,• State of California, Classification C-/0 (i.) ' 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 for Whom Performed Contract Amount .Scream f?7rptFh3b • • • • • • • • PROPOSAL Page 6 of • STEINY AND COMPANY, INC. A BID D0CIIt4ESTS, continued • Name of Proposed Sub—Cantraetor,. is any (Section 4104 Government Coda) I I. ; RN S s 7,:iv h 9 cpv c. -C 2. D .J- I CluSiC J 3. 4. 5. • 6. • Addrasa of Shop or Office of Sub—Contractor (Section 4104 Government Code) 1. 33J3/40 4c%rw %ifGQ ' Warkitce2 Cg 2. /13 7.5- ovd fay iLep /ZIr /Alai qs, (-C'V� Cc 3. 4. • 5. 6. i • Work to be performed by Sub—Contractor (Section 4104 Government Coda) 1. S 7f-,i 4- f ti lei 2. 12774a/o,.or k, (ti./ Cbe ,e J 66v.`C /C/ am1l'ccer'Ly 3. 5. 6. PROPOSAL Page 7 of 8 • STEINY AND COMPANY, INC. • • A. 31D DOCUMENTS, continued • is YOU ARE AN INDIVIDUAL, SO SIATE. Ie YOU ARE A FIRM OR CO—PARTNRlSflP , • STATE TEE FIRS! NAME AND LIST TEE NAMES OF ALL INDIVIDUAL CO—PARTNERS COMPOSING TEE FIRM. I= A CORPORATION, STATE LEGAL NAME OF COR'ORA.TION, • ALSO, NAMES OF ?RESIDET, SECRETARY TREASURER AND MANAGER. TEE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS : Individual • Co—Partnership Corporation • Joint venture Other ' (describe) • • STEINY AND COMPANY, INC''Ar RE OF BIDDER: J. O. STEINY, PRES., TREAS., MGR. • R. K. DONNELLY, V.P. • J. V. GINGRICH, ASST. V.P. STEINY AND COMPANY, INC. AS JAY PERRY SEC'Y. : n • 273L.ido.,31. • Vallejo, Calif. 94590 • • Date R - ( '—�� Aaaress • ( 707 ) 49 00 Addenda Received: • Phone Number 1 2 3 4 5 • • • PROPOSAL Page 8 of 8 RbHNBuRRlac of Southern California • Insurance Brokers 6330 San Vicente Boulevard P.O.Box 48918 Los Angeles,California 90048 (213)937-7160 CERTIFICATE OF INSURANCE NAME,AND ADDRESS OF CERTIFICATE HOLDER NAME AND ADDRESS OF INSURED The City of Cupertino Steiny and Company, Inc. 10300 Torre Avenue Post Office Box 74901 Cupertino, California 95014 Dos Angeles, California 90004 This is to certify that policies of insurance listed below have been issued to the insured named above and are In force at this time. POLICY Limits of Liability In Thousands(000) TYPE OF INSURANCE COMPANY AND POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY )IE BODILY INJURY $ $ ® COMPREHENSIVE FORM I� PREMISES-OPERATIONS The Travelers Indemnity Co. 7/1/85 Fn EXPLOSION AND COLLAPSE No. TRSLG166T151-9-82 PROPERTY DAMAGE $ $ wI''eI HAZARD 134 UNDERGROUND HAZARD PRODUCTS/COMPLETED BODILY INJURY AND 500, 500, OPERATIONS HAZARD PROPERTY DAMAGE $ ▪CONTRACTUAL INSURANCE COMBINED ▪BROAD FORM PROPERTY INDEPENDENT CONTRACTORS *Applies to Products/Completed $ rl PERSONAL INJURY Operations Hazard (Personal Injury) AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ LM COMPREHENSIVE FORM The Travelers IndemnityCo. 7/1/85 BODILY INJURY (EACH OCCURRENCE) ILx--I OWNED No. TRCAP166T150-7-82 PROPERTY DAMAGE $ HIRED BODILY INJURY AND 13 NON-OWNED PROPERTY DAMAGE 500, COMBINED 111$ EXCESS LIABILITY Mission National Insurance Co. 7/1/85 BODILY INJURY AND lj UMBRELLA FORM No. MN 03 55 68 PROPERTY DAMAGE $ 1,000, $ 1,000, ▪OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION The Travelers Indemnity Co. 7/1/85and EMPLOYERS'LIABILITY No. TDSKUB169T973-1-84 ;: +�di.,- $ 500, (Each Accident) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Operations of the Named Insured Re: Project No. 82-09, Homestead Road and Wolfe Road Traffic signal modification (Steiny Job No. 2193) This certificate is not a policy and of itself does not afford any Insurance.Nothing contained in this certificate shall be construed to amend,extend or alter the coverage limits,terms or conditions of the policies it certificates. Notwithstanding any requirement,term,or condition of any contract or other document with respect to which the certificate is issued,the Insurance afforded by the policies listed on the certificate Is subject to all the terms of such policies. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavoF4e mail 30 days written notice to the above named certificate holder,iwtiaifure-to--maif- such-netise-shall-irspese-Re-obligatieROF+iabillty-ef-aRy kind-upon-theeornpunyy. ROLLINS BURDICK, HUNTER \ DATE ISSUED: August 29. 1984 B t' a AUTNO- - • REPRESENTATIVE GL 20 09 (F .Al 73 73) This endorsement forms a part of the policy to which attached,effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) ErnlorSementeffective August 29, 1984 Policy No. TRSLG166T151-9-82 Endorsement No. Named Insured Steiny- and Company, Inc. RALLINS B 'DICK HUNTER Additional Premium$ Included Countersigned by S , /Po� thorizE Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE The Travelers Indemnity Company The City of Cupertino, its: ADDITIONAL INSURED Re: Project No. 82-,09 officers and employees (Owners orCordracters) Homestead Road and Wolfe Road Traffic Signal Modification Schedule Name of Person or Organization (Additional Insured) Location of Covered Operations Premium Bases Nates Advance Premium Bodily Injury Liability Cost $100 of cost $ Property Damage Liability Cost $100 of cost S Total Advance Premium S Included It is agreed that 1. The"Persons Insured" provision is amended to include as an insured the person or organization named above(hereinafter called "additional insured"), but only with respect to liability arising out of (1)operations performed for the additional insured by the named insured at the location designated above or(2)acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy,except exclusions(a),(c),(f),(g)„(i),(j)and(m),apply to this insurance. 3. Additional Exclusions This insurance does not apply. (a) to bid0y i*ry or property damage occurring after (1) all work on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insured':work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily I4ury or property damage arising out of any act or omission of the asIditional insured or any of his employees,other than general super- vision of work performed for the additional insured by the named insured; (c) to properly damage to (1) property owned or occupied by or rented to the additional insured, (2) property used by the additional insured,. (3) property in the care,custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control,or (4) wort performed for the additional insured by the named Insured. 4. bd'dio*Winthrop When used in reference to this insurance,'work”includes materials,parts and equipment furnished in connection therewith. The captioned insurance 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. (Steiny Jbb No. 2193 STATE OF CALIFORNIA ] • J ss.: CITY AND COUNTY OF Los Angeles ] 1 On this 29th day August 19 84, before me, the undersigned Notary Public, in and for the State, personally appeared J.L. Anderson a person known to me(or proved to me on the basis of satisfactory evidence), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. uvaout n jyo:rtandensmythandcand,rNotarial Seal this 29th day of August A.D. 1984 OFFICIAL SEAL RUTH L.YATES .-"7a Ci':17. NOTARY PUBLIC-CALIFORNIA Mx-8o IsslomJ ,;l fl L OFFICE IN = _'��// `y LOS ANGELES COUNT! Ilr 74 My Commission Expires August 19, 1985 N Notary Public. allillillli821111111118filtINIIIMMINIIIIIIIIMILMIRE11111114111811Mlii FORM 116 12/82 I STATE OF CALIFORNIA • I ss. ' COUNTY OF Los Angeles On this 30th day of August, 1984 , in the year 19_, before me, the undersigned, a Notary Public in and for said State, personally appeared Jay E. Perry - Secretary --•t STEINY AND COMPANY, INC. OFFICIAL SEAL , personally known to me MARY McCLUNG (or proved to me on the basis of satisfactory evidence)to be the person who executed the c,„ NOTARY PUBLIC-CALIFORNIA within instrument on behalf of the Corporation therein named, and acknowledged to me that •a„•}Ii- lin ,7� LOS ANGELES 1:,,, PRINCIPAL COUNTY ICE IN F' the Corporation executed it. I ; ;° My Commission Exp. Mar. 11, 1987 -.00,-0L WITNESS my hand and official seal. °g7-7,e14-7 Notary Public in and for said State. ACKNOWLEDGMENT-Corporallon-Wo1COI8 Form 222CA-x-flay.5-82 01992 WOLCOTTS.INC. . fACt.ULCU 111 UUpsieace FAITHFUL PERFORMANCE BOND Bond No. 482 0678 Premium - $627.00 .KNOW ALL MEN BY THESE PRESENTS: • THAT WE, Steiny and Company, Inc. as Principal and Safeco Insurance Company of America as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of One Hundred Five Thousand Three Hundred Eighty-Eight and no/100Dollars ($ 105,388.00 ) 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. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated with the Obligee • to do and perform the following work to-wit: Homestead Road and Wolfe Road Traffic Signal Modification, Project 82-09 NOW, THEREFORE, if the said Principal shall well and truly perform the work a 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 P,riniip<^l and Surety this . 29th day of August , 19 84 (To be signed by Principal and Surety and acknowledgment.) Stein and Com•an , `Ix:c By: Principa. i16Y E. PERRY, B CRETARY Safeco Insurance Company of America Surety /� By: -ice . i • ,,forney-in-Fact J.L. Anderson The above bond is accepted and approved this day of , 19_ 1 Executed in Duplicate LABOR AND MATERIAL BOND Bond No. 482 0678 • Premium - Included in Performance Bond KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and Steiny and Company, 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 WHEREAS, said Principalis 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 Safeco Insurance Company of America 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 about the per- formance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and all persons, companies or corporations lend- ing 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 Five Thousand Three Hundred Eighty-Eight and no/100 Dollars ($ 105,388.00 ) . 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 . 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 Un- employment Insurance Act with respect to such work or labor, 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 }ss. ' COUNTY OF Los Angeles On this 30th day of August, 1984 , in the year 19_, before me, the undersigned, a Notary Public in and for said State, personally appeared Jay E. Perry — Secretary STEINY AND COMPANY INC. 'iii OFFICIAL SEAL i , personally known to me MARY MCCLUNG (or proved to me on the basis of satisfactory evidence)to he the person who executed the ? �,j'Y lig NOTARY PUBLIC CALIFORNIA t within instrument on behalf of the Corporation therein named, and acknowledged to me that 1. _� PRINCIPAL OFfN:E IN the Corporation executed it. �,y,,o LOS ANGELES COUNTY , . . ._ ,_ ...,.,M My Commission EXp. Mar. Ii, 198] WITNESS my hand and official seal. Notary Public in and for said State. ACKNOWLEDGMENT—Corporation—Wolcons Form 222CA-X—Rev.5.82 01982 WOLCOTTS.INC. STATE OF CALIFORNIA 4 ] ss.: CITY AND COUNTY OF Los Angeles On this 29th day August 1984 , before me, the undersigned Notary Public, in and for the State, personally appeared J.L. Anderson a person known to me(or proved to me on the basis of satisfactory evidence), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this 29th day of August A.D. 19 84 Pmmmm�:LIMIimintnOF.RWAL SEAL mrr „amInmiiemommq Yissio -FuJS 7 j NOTARY PUBLIC-CALIFORNIA -_ L / Notary Public. PRINCIPAL OI-RCE IN ���g4 LOS ANGELES COUNTY ipa I]h INTI Iimni�m II mExpiten ni August Ii nn 19 milwmmBimlunuu ' 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 'he contractor 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 Prin:_Lnat' .L . and Surety this 29th day of August , 1984 ;4 ' Steiny d Company, c. -` (to be signed by Principal and Surety u and acknowledgment Princi al JAYE_EEEX,-BECRETARV -� and notarial seal T attached.) Safeco Insurance Company of America • Surety • • • By: /7 At rney-in-Fact , J.L. Anderson • • The above bond is accepted and approved this day of , 19 • + w POWER OF SAFECO INSURANCE COMPANY OF AMERICA ATTORNEY HOME OFFICE: SAFECO PLAZA • SEATTLE, WASHINGTON 98185 SAFECO No. 5291 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint -J. L. ANDERSON, Los Angeles, California its true and lawful attorney(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 19th day of April , 19 81 j wCANNON.Im=0.10 � CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. —FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." • Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, W.D. Hammersla, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto, are true and correct and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation CO/Pt. this 29th day of August , 19 84 OFPORgi. per, SEAL Ez N b slgrFO1953 Ga F WWASF S-1300 R4 8/81 PRINTED IN U.S.A. r ' • SAFECO INSURANCE COMPANY OF AMERICA • GENERAL INSURANCE COMPANY OF AMERICA • FIRST NAT'ONAL INSURANCE COMPANY SAFECO OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 i • Bond No. 623057 • BID BOND • Approved by The American Institute of Architects, A.I.A.Document No.A310(Feb.1970 Edition) KNOW ALL MEN BY THESE PRESENTS,That we, Steiny and Company, Inc. as Principal,hereinafter called the Principal. and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety,hereinafter called the Surety,are held and firmly bound unto City of Cupertino as Obligee, hereinafter called the Obligee. in-the sum of Ten Percent (10%) of the Amount of Bid Dollars (S---10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. Homestead Road and Road Pro ect No. 82-09 WHEREAS, the Principal has submitted a bid for 3 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified'in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the,Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the . penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. STATE OF CALIFORNIA ] ss.: CITY AND COUNTY OF Los Angeles ] On this 15th dayAugust 19 84 , before me, the undersigned Notary Public, in and for the State, personally appeared J.L. Anderson a person known to me(or proved to me on the basis of satisfactory evidence), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. • Given under my hand and Notarial Seal this 15th day of August A.D. 19 84 My Commtss;dn E$pJces R1111-1 ] Yn 1 ' S _ _ sera/ dor 471-7;;-'::"6 t'nlnhi' rl;: I 1 11 'In Notary Public. • > r'a: tcl: r,.l C.. r11.11_ - FORM 1161282 by f nnitnISSIJn Erpi;cs A',•,3;tsi 19, 1,23:i nnailuroI:4IIIInHIIIInui;timini nitutwaII:Ia:ILt:;.Hl:nll;l:n:I;r..:L„.Il:f.:” • ., t 4 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA wr FIRST NATIONAL INSURANCE COMPANY fr SAFECO OF AMERICA . HOME OFFICE: SAFECO PLAZA • • SEATTLE,WASHINGTON 98185 r( C I +.• II t( I't' Bond No. 623057 S. 'E1 Ifa'a Cul IS ; ' , BID BOND ` ' Approved by The American Institute of Architects, t ,�, AIA.Document No.A-310(Feb. 1970 Edition) '1 'I . - `" F1`l.a - I f.•'tit, ' `4, Km IV ALL MEN BY THESE PRESENTS,That we, Steiny and Company, Inc. • t a - r` - r`'.': . 4t+ f '14 , as Principal,hereinafter called the Principal. I IE and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under F ' ,` + " .., the laws of the State of Washington,as Surety,hereinafter called the Surety,are held and firmly bound unto ( :4-41.1,1--a City of Cupertino as Obligee,hereinafter called the Obligee. i ', ,nthe sum of Ten Percent (10%) of the Amount of Bid Dollars r w� " '(S-- ; -10% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ` t� F `� 1 M`" ty+I1'' cclseh'es,our heirs,executors,administrators.successors and assigns,jointly and severally,firmly by these presents. , I, t V.%I a WHEREAS,the Principal has submitted a bid for __ _Homestead Road and Wolfe Road Project No. 82-09 \ 1“4.: ' ,: 1a,ice "n _ ,°, I: S, • r,.06 THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with s, :y 3jf<'eprCtctigee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or vg , r r C+ani a Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt ,.1 tryrmst of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter t >~,(Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the - t ,.#111:4 ycft''r Eer-eof between the amount specified in said bid and such larger amount for which the Obligee may in good faith ::::„,s, .1;" "lztittu-x3'with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise I" fnp tazimfm in full force and effect. ' N„rd. 'Mr.,,-11,,i,:'Ir ''" "2::;t0-1,h . sealed this 15th day of August , 1984 Iv n N _. . 0.: I< » ' Steiny and Company nc-. (Seal). j ,"”� ' Principal:4=Y t.:ie t y 3 • _ I6s + + '""4t:',. s'a Witness H ' _- Fra ra E r j°" F , '+`h'R ..r ' i<. 4 .._. 4r-,te t. * t 1' : R 111: Title' Nj • SAFEC SU' • C CE COMPANY OF AMERICA rl M ' fie'{ N � i � ,',,#" Wit ess By ' a . 1 A _ 4,...-7-6---k-c---"6:` j- R s t _' r ' •j*•p,4.-. 4,-%111' •- - ' 4L. Anderson, Attorney-in-Fact ,•i.t t a.. -I- tt p° e-ki i • V 4 -f ...;,'n [ .--0,.)„., •aq r.,... r er4N' , c,r,'",.,-- �1-i.-': 1..' 'E F S.. Y *.1a. N Y ` PRINTED IN U.S.F.