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86-167 Collishaw Construction, Inc., Stevens Creek Blvd. @ Highway 85 Intersection Modification Project No. 85-07 e2 • CONTRACT FOR PUBLIC WORKS • CONTRACT made on November 19, 1986 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 follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents : • A. Plans and Specifications for STEVENS CREEK BLVD. @ HWY. 85 . INTERSECTION MODIFICATION, PROJECT 85-07 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 Stevens Creek Blvd. @ Hwy. 85 Intersection Modification, Project 85-07 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, STEVENS CREEK BLVD. @ HWY. 85 INTERSECTION MODIFICATION, PROJECT 85-07 Page 1 • and which Plans and Specifications are identified by the signatures of the parties to- this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J . Viskovich, Director of Public Works . 3 . CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of : $158,827.15 ONE HUNDRED FIFTY EIGHT THOUSAND EIGHT HUNDRED TWENTY SEVEN AND 15/100 DOLLARS subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4. ' DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 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 tothe 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 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: SEE PAGE 2 OF 10 FOR TIMES OF COMPLETION If the Contractor shall be delayed in the work by the acts or- neglect of the City, or its employees, or those under it by contract or otherwise, or •by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor' s control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of • completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. • Page 3 • • 11. INSPECTION AND TESTING •OF MATERIALS. The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and. testing of the same, if the City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him 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. • Page 4 14 . NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be inwriting, 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: 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 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 (1008) of the' contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond. Page 5 • 18. INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract, until all similar insurance required of the . subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. ' Any policy of insurance required of the Contractor under this ' Contract shall also contain an endorsement providing that thirty (30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take :ut and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all 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 excluding what are commonly known as the "X, C, and U" exclusions (having to do ' with blasting, collapse, and underground property damage) , which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Bodily Iniury Liability Insurance in an amount not less than $500,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $500,000.00 on account of one accident, and Page 6 • • • Property Damage Liability Insurance in an amount not less than named as$ 250,000.00. - The City and its officers and employees, shall be which shall dalso ncontain al uaeanyds on provision that theiinsurancenafforded 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 to this Contract such warnings, signs, and barriers as may be required toaprotect ect thee public. The provisions of the preceding sentence hllss of impose se the general liability upon the City and are for 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, employedor mechanic the Contractor or ban subcontractor orsubcontractors by 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 calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, 'work performed by employees of contractors in • excess of eight hours per day and forty hours during any one week • shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half mes . It is further exressl . stipulated tithat tfor he beach and asic eeverof yaviolation 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 worker, orntmechanicract, forisarequireddor permitteddito work more than eight hours in any one calendar 'day and forty hours in any one calendar week in violation of the provisions of said . Sections of the Labor Code. • Page 7 The , and p an accurate or h all record showingtthe names ofcandsuactual achoursshworkedeeach calendar jay and each calendar week by all laborers, workmen, and mechanics played by him in connection with the work contemplated by this Contract, which record . shall be open at all reasonable hours to the inspection of the City of its officers or agents and to the Division of Labor Law Enforcement of the Department of industrial Relations of the State of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has • ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing 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 the contract, the uDivision ofpLabor tStandards ative of tEnforcement he body rdand 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 however,public for ovided, inspection that a request by the iepublic shall mbeemaderthrough 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 B • • • (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. • • • • Page 9 • • Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070) , Division 3, of the Labor Code, are 'eligible to be employed on public works. The employment and training. of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any. apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint a' ofthecommitteeodeinmthesareanofthe theasitenorctheipublicndwork 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 apprdnticeship 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 r or is section, upoontthe issuanceoofrtheoapprovalif he is certificate1edor'by ifthhe ' 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 werkincinvolving days than or tocontractcontractsthousand ($30,000.00) or twenty : ' for work through a general or prime contractor, involving less than two thousand dollars ($2,000 .00) or fewer than five (5) working days . • • Page 10 • • "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 regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall hto the ave the discretion 'to grant a certificate, which shall be subject contractor rfroml othf et1-to-s inratioasetr forf thppinntthishsectionmwhengit finds that any one of the following conditions are mets (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 baais 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 tie .contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a in any rsuch dcrafts to aoritraderintheareaof the site of • and conduct apprenticeship p program lite work, to which fund or funds other contractors in the area ofbthe fund orffunds pinleachic wcraftork arore ctrade utiniwhichhhelemploysbjou to the or apprentices on the public work in the same amount orouponytmen he same basis and in the same manner as the other contractors do, but where the trust fund administrators are unable to accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The • contractoror subcontractor may add the amount of ' such contributions in computing his bid for the contract. The Division of L'abot• 9tandards Enforcement is authorized to enforce the payment of. ddcEdontributions to the fund or funds as set forth in Section 227. • Page 11 • • ' The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for .all apprenticeable occupations with the prime contractor. All decisions of . the joint apprenticeship committee under this section are subject to the provisions of Section 3081. . (Amended by State. 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. NothMithstanding 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 prebcribed by the California Apprenticeship Council. (c) Any ' funds withheld by the awarding body pursuant to this Section Shall be deposited in the general fund if the awarding body is a stats entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the state. The interpretation and enforcement of Sections 1777.5 and 1777 .7 shall be ' in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by State. 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 1$25.00) for each calendar day,. or portion thereof, for • Sach laborers workman, or mechanic paid less than the stipulated ';.jtsV*iling rates for any work done under this Contract by him or by ; dpy 'Sdbconttactor tinder work done under this contract by him or by a)fy subcontractor under him) and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. • Page 12 In case it becomes necessary for the contractor or any subcontractor to employ on the project under this contract, any person in a trade or • occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum • wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the • continuance of such employment. • 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety 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) daps 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 (101) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City's representative shall, before the last Tuesday of each . month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of ' completion. In event of the failure of the City's representative to furnish and deliver said certificates or any of them or in lieu • • Page 13 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 complianceby the Contractor with the requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. 24. PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred' in relocating or repairing damage to utility facilities not indicated in the Plans. and Specifications, other than service laterals when the presence of such utilities on the construction site 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 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, 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 $150.00 (ONE HUNDRED FIFTY AND NO/100 DOLLARS) 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 CORPORATE ACKNOWLEDGMENT NO.202 Cr d• State of 0a,IA1y�U11 /fl.L& On this the 1 day of 1\1011-11\1011-119g4,before me, ' County of \U,l�f I'I°{ NALA } SS. /�_ r0 f n /�,0f(a ` , , J the undersignedig( Notary Public,personallyl _ appeared Cr,". S.*'^e✓ aowSkcu co monuourummmnnunrr'eennneoeooeouoeno OFFICIAL SEAL r, Ittpersonally known to me ;'; CAROLYN CORRADI = o proved to me on the basis of satisfactory evidence • ;1. ROTARY PUBLIC — CALIFORNIA to be the person(s)who executed the within instrument as A 'i--ctCOUNTY OF SANTA CLARA = : il t_*t Comm. Exp. Feb. 26, 1990II or on behalf of the corporation therein Galli nrLLiitLLLLSuIoMUM u,mon:ononenoCllllith named,and y hand and official s dacknowledged to e that the corporation executed it. WI S sSignature ( k Notary's i _..._..... • File: 74,894.2 • P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in • duplicate, the day and year first hereinabove written. • CITY OF CUPERTINO Approved as to form /1 . / & n Mayo : Pro tempore City A torney Cit erkt /� Date/City Clerks CONTRACTOR: C 0///'JS A 4 a C M S Tn(Cain at, By: i "7 tA. diact#41., Notary acknowledgment required. If a corporation, corporate seal ' • - t and corporate notary acknowledgment required. Project, Name and Humbert. STEVENS CREEK BLVD. @ HWY. 85, INTERSECTION MODIFICATION PROJECT 85-07 Contractors Name: COLLISHAW CONSTRUCTION, INC Contract Amount: $158,827.15 • ONE HUNDRED FIFTY EIGHT THOUSAND EIGHT HUNDRED TWENTY SEVEN & 15/100 DOLLA • l Ontiart: Account Numbers 120-4013-953 • I' . • • Page 16 . F/mB / r / cael 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- constructing to completion Stevens Creek Boulevard at Freeway 85 Intersection Modification, Proj .85-07,I,the undersigned, hereby declare that I have read the proposal requirements visited the site and examined the specification. I, the undersigned, hereby propose to do all work required to complete the said work in accordance with the Plans,/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 trans- portation 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 con- tract 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, Stevens Creek Boulevard at Freeway 85 Intersection Modification, Project 85-07, 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. • 'OSAL PAGE 1 OF 10 TIME FOR COMPLETION ' 1. The traffic signal controllers, cabinets and appurtenances will be delivered to Signal Maintenance, Inc. at 3395 Viso Court, Santa Clara, CA 95050 for testing or on before 4, 4. en/4y , 1986. �, A 4U/ oivI+ 2. The traffic signal oles and hardware will be delivered to the job site for erection on or before la (U8p%J �t..92.-- , 1986. OO l I 3. Th traffic signal system wi be complete and operating on or before / eeet 1986. 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 of contract is executed by all parties. • The contractor shall diligently prosecute the work to completion before the expiration 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 the 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 he as outlined below: BID EST.QTY. ITEM UNIT ITEM UNIT PRICE TOTAL 1. Lump Sum Excavation, grading, subs ade pre— $ /7 /pal para ion omplete for J _ _ Dollars/LS 002. 937 LF Remove P.C.C. curb and gutter complete $ / -- /LF $ 937 J- for QhQ Dollars/LF at 3. 816 SF Remove River—washed rock and concrete $ / Se) /SF $ / 2-2q cap_ copmplfor a'te dole, /45.Dlars w C7C 4. 622 LF - Remove A.C. extruded curb complete $ /LF $ 12 '/5' — for Tire ot-.cane Dollars/LF 0.05. 36 LF RemoveC.C. valley gutter complete $ .S /LF $ /SO for Dollars/LF PROPOSAL PAGE 2 OF 10 ESTIM4TED QUANTITIES CONTINUED: ' BID EST.QTY. ITEM UNIT ITEM UNIT PRICE TOTAL 6. 2,035 SF Remove asphalt concrete pavement and $ / /SF $ Z o 3S- walk complete for ryw - - Dollars/SF 7. 830 LF Install P.C.C. extruded curb complete $ /e) 2S /LF $ 85-07,57 for To_« 14-AR ems.-to Dollars/LF eHD 8. 907 LF Instal C.C. vertical curb complete $ 1 /LF $ .364-0110 o. for Dollars/LF 9. 270 Tn Installh �asphalt conte complete for $ /4Q et /TN $ a9 70o J Dollars/TN 10. • St) 11. 130 SF Install 10" P.C.C. base corn lete for $ 6:11r /SF $ f33 02S 7,21-1 Dollars/SF cro 12. 210 CY Install import soil complete for $ J , /CY $ 3366— _.c9. tie-- .P�LPG Dollars/CY ori+ ere 13. 36 LF Install f.C.C. valley gutter complete $ / 3 /LF $ "fie, 8 for 00 Dollars/LF •14. 50 SF Install 4" P.C.C. at med an nose com- $ 3/ SF $ ,/a 7-- plete for >..,..e¢ 7-X-t a-e--taj Pt�� ollars/SF o� co 15. 1 EA Adjust manhole to grade complete for $ /SD /EA $ /5) — �� Dollars/EA od 16. 1 EA Install = ment ere for $ 3vv — /EA $ 30a ._ Dollars/EA PROPOSAL PAGE 3 OF 10 ; ESTIMATED QUANTITIES CONTINUED: BID EST.QTY. ITEM UNIT ITEM UNIT PRICE TOTAL 17. Lump Sum Relocate water meter, water valve, $ backflow device and ins all -rrigati n sy/g" &1lars/LS complete for 18. 130 LF Install2" x 6" redwohe od n a�derboard S complete for .&ae. $ 3 /LF $ 5/7c/, Sp r� Dollars/LFLF ,¢S 19. 930 SF Instal1 river_ wished rock complete $ y-- /SF $ <7.5–/b (z for Dollars/SF llars/SF 20. Lump Sum foaff' Sign 1 cation gcynplete $lp Y (IOS for Dollars/LS 21. Lump Sum Construction s nal traffi $d v ea complete for / Dollars/LS w a' 22. 13 EA Traffic signing removal, installation $ ZOa — /EA $ 2 6Ut3 and reloction comjlete for %Gva Dollars/EA cfli ro 23. 21 EA Sandblast pavement 1 Bends and arrows $ lit + /EA $ 23/6 complete fr Dollars/EA ru ero 24. 8 EA Remove thermolap stic legen complete $ / 1z) — /EA $ 1/26 .for n,¢ ��/ Dollars/EA G S 25. 2,185 LF Sandblast traffic striping complete $ / /LF $ 3 G Or: Z. for edo-pi(.°— - - Dollars/ LF 26. 647 LF Remove thermopl stic striping complete $ Z 4L-L2 /LF $ /223. .0 for ...Deno Dollars/LF PROPOSAL PAGE 4 OF 10 . ESTIMATED QUANTITIES CONTINUED: BID EST.QTY. ' ITEM UNIT ITEM UNIT PRICE TOTAL 7s27. 551 EA Remove pavement markers complete for $ / /EA $ ate/A, Dollars/EA 28a. 1,683 LF Ins[, 6"„white stripe complete for $ , (ZS-- /LF $ 7S7 3S ff��// 7(L a� Dollars/LF at 28b. 1,040 LF Install 8" white stripe �e _ � complete for $ 5/S /LF $ �dr —" ti 7/ry Dollars/LF7��D S 28c. 190 LF Install 12" white/2ri a complete for $ / S /LF $ , 9y s-a [7p�r Dollars/LF 28d. 336 EA Install Type "A" pavement�ma� $ 2 20 /EA $ 739. 24D complete for •).a Dollars/EA 28e. 148 EA Install Type "G" pavement markers $ 5 s� /EA $ trip complete for oadtc, /4%,may' Dollars/EA ac 28f. 8 EA Ins t-turan rrAws complete for $ gel - /EA $ 352 Dollars/EA OD JO 28g. 5 EA In5sxraight ra rows complete for $ 9"/ -- /EA $ 224 — y Dollars/EA C 28h. 2 EA Install lege d complete for $ S.„sr° /EA $ /45 Dollars/EA 281. 2 EA In lege ete for $ 5—.5'1)-112 /EA $ I/6 Dollars/EA PROPOSAL PAGE 5 OF 10 ESTIMATED QUANTITIES CONTINUED: BID EST.QTY. ITEM UNIT ITEM UNIT PRICE TOTAL 28j . 2 EA Install "BIKE LANE" an 6 ' st aight $ SS's' /EA $ // p "—� arryw complete for / -- Dollars/EA TOTAL BID $ / ' RA 7 PROPOSAL PAGE 6 OF 10 • 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 s the required certified check or bid bond in the amount of $ 1 Orth _, as required by law and the Notice (10% of bid amo nt) • to Bidders. ‘Z</4,— (1111:51 • PROPOSAL PAGE 7 OF 10 i } • A. • BID DOCUMENTS, continued BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and accuracy of the information is hereby guaranteed. (1) How many years has your organization been in business under its present name? 3 1" .11. (2) How many years' experience in work comparable with that required under the proposed contract has your organization had by this or any other name? Z.5- 0 (3) Contractor's License No. Mg? 3 2-1 , State of California, Classification 4) 6 c.z 7 • (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has completed within the past three years. Year Class, Location of Work and for Whom Performed Contract Amount • • • • • • • PROPOSAL PAGE 8 OF 10 M A. SID DOCUMENTS Continued: Name of Proposed Sub-Contractors, if any - (Section 4104 Government Code) 1. g ,iC / C 4. S . 6. Address of Shop or office of Sub-Contractors (Section 4104 Government Code) 1. I • 3. • 4. • 3 . • Work to be performed by Sub-Contractors (Section 4104 Government Code) 1. Z. 3. 4. 3 . 6. PROPOSAL PAGE 9 OF 10 4 A. BID DOCUMENTS, continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual Co-Partnership Corporation Joint Venture Other (describe) NAME AND SIGNATURE OF BIDDER: Date: /0 r 2-7-- i ( /1-C.,./t-44-AdL„«"'G �C, 95-732) WON) 7,&7 — G 382 Phone Number Addenda Received: 2 3 4 5 Proposal Page 10 of 10 SET TAB STOPS AT ARROWS' �p/�/�°•q" 40 a ° Certificate of Insurance cico V THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND'CONFERS NO' RIGHTS UPON THE CERTIFICATE HOLDER.. a THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE.POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY IIORSEY,HAZELTINE & WYNNE COMPANIES AFFORDING COVERAGES P.O. BOX 50307 COMPANYA PALO ALTO LETTER /l L - I ,_ LCs C A 94303 COMPANY B (415)858-2375 LETTER NAME AND ADDRESS OF INSURED COMPANY C COLLISHAW CONSTRUCTION LETTER 430 MARTIN AVE COMPANY D SANTA CLARA, CA LETTER 95050 COMPANY E LETTER 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. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the Insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY ��IuIYLt.N'I iIfiI137GtI,IWttla•L;LITI •I)]' LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY S $ NICOMPREHENSNE FORM UP0364290 01/01/86 ®PREMISES—OPERATIONS 01/01/87 PROPERTY DAMAGE S S ®EXPLOSION AND COLLAPSE HAZARD ®UNDERGROUND HAZARD ©PRODUCTS/COMPLETED OPERATIONS HAZARD BODILYINJURY AND Al CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ElBROAD FORM PROPERTY COMBINED 1 J 001' 1. 1000 DAMAGE X❑ INDEPENDENT CONTRACTORS El PERSONAL INJURY PERSONAL INJURY • 1 AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ ®COMPREHENSIVE FORM UP0364290 01/01/86 BODILY INJURY S ®OWNED 01/01/87 (EACH ACCIDENT) ® HIRED PROPERTY DAMAGE S El NON-OWNED BODILY INJURY AND $ 1 J Opo PROPERTY DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY AND A ® UMBRELLA FORM UP0364290 01/01/86 PROPERTY DAMAGE $ S ❑ OTHER THAN UMBRELLA 01/01/87 COMBINED 1 ,000 1 ,000 FORM WORKERS'COMPENSATION STATUTORY A and WC0120573 01/01/87 EMPLOYERS'LIABILITY $ 1 000 (EACH ACC:DENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES ALL OPERATIONS OF NAMED INSURED AS COVERED BY POLCIY AND ALL ENDORSEMENTS THERETO AS RESPECTS STEVENS CREEK BLVD. AT HIGHWAY 85 INTERSECTION MOIII:FICATIO ADDITIONAL INSURED PRIMARY ENDORSEMENT ATTACHED CONTRACT) PRICE $74,894. Cancellation: Should any of the above described policies be cancelled before the expiration-4te thereof, the issuing com- pany will endeavor to mail 30 days written notice to the below nafried certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon-the company. l .1 NAME AND ADDRESS OF CERTIFICATE HOLDER: 11/06/86 DATE ISSUED: CITY OF CIJPERTINO • 10300 TORRE AVE. / i CUPERTINO, CA II R.' H ZEj' INE - — DORSEY,NAZELTIN JWYRA P WI*2 2 95014 ACORD 25(1-79) - GL 20 09 , _ (Ed. 01 73) This endorsement forms a part of the policy to which attached,effective on the inception dale of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective 11/06/86 Policy No.UP 0364290 EndororrsseemeenttyNo. - . Named Insured COLLISHAW CONSTRUCTION, INC. ///�G7l /id�'# Additional Premium$ TBD Countersignedhypez' ', n+xcr""Pr.mV MVP.ursrreANrF (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: I COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Contractors) Schedule Name o Person or Organization (Additional Insured) Location of Covered Operations CITY OF CUPERTINO, THEIR OFFICERP,emiumBases STTggAatesENS CREEK AT RIG�WnYP8ef5sium AGENTS & EMPLOYEES Bodily Injury Liability Cost 74,894. $100 of cost S TBD Property Damage Liability Cost 74,894. $100 of cost $ TBD Total Advance Premium $ TBD It is agreed that: I. 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 (I) 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),(I),(g),(i),(j)and(m),apply to this insurance. 3. Additional Exclusions This insurance does not apply: (a) to bodily injury or property damage occurring after (I) 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's 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 injury or property damage arising out of any act or omission of the additional insured or any of his employees,other than general super- vision of work performed for the additional insured by the named insured; (c) to property damage to (I) 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) work performed for the additional insured by the named insured. 4. Additional Definition When used in reference to this insurance,"work"includes materials,parts and equipment furnished in connection therewith. 5 . Other Insurance - Subject to all other terms and provision of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respects to work performed by or for the Named Insured in connection with the above described contract and that such other insurance of the additional named insured shall be excess insurance only. GL 20 09 01 73 CORPORATE ACKNOWLEDGMENT //jj��� NO.202 ti • State of /kit,�/C. On this the 7 day of /iO U// 19770,before me, diad of &.// . /.. ? SS. 0 efrLA_GCGt\- , ni1 the undersigned Nota Public,personally appeared Vis- eod inn nnnnnmmnurmmFoemennnammIVIurp Personally known to me A _V OFFICIAL SEAL e 0 proved to me on the basis of satisfactory evidence nt'yy,,.__, CAROLYN CORRAD, a to be the person(s)who executed the within instrument as A '` t 14OTARY PUBLIC — CALIFORNIA a or on behalf of the corporation therein (1 0/F COUNTY OF SANTA CLARA y Comm. hp. Feb. 26, 1990 named,and acknowledged to me that the corporation executed it. nun ntlnnnlnnIIFYnnrnrnrrrrrrrnprcru;Funrp WITNESS y hand and official seal. ti. Ni4A /it Notary's Signature _ nen 129 .,..7inkun anr.ov.ecnrinnnnl . 991119 Vnnmm Blvd • P.O.Box 4625 • Woodland Hills.CA 91365-4625 State of California, 1 lr SS: County of SANTA CLARA J • r On this 7 , day of NOVEMBER , in the year 1986 _, before me Notary of Public personally appeared JOHN J. LOUGHRAN , personally known to me (os-preved-tome' on-the-basis-of-satisfactory-evidence) to be the person whose name is subscribed to this instrument as the Attorney-In-Fact of UNITED PACIFIC INSURANCE COMPANY,and acknowledged to me that UNITED PACIFIC INSURANCE COMPANY executed the instrument. *****-A************AAA t OFFICIAL SEAL P FRANCES GATES F .- r NOTARY PUBLIC-CALIFORNIA } * SANTA.CLARA COUNTY * MY COMMISSION EXPIRES NOV. 11, 1986 -tetraA A A************* *** My Commission expires � , 19- Notary"- //-// Pa cin and for said County BDU-1818 EEL6/83 (CALIF.) Zr BOND NO. U514865 EXECUTED .IN DUPLICATE FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, COLLISHAW CONSTRUCTION, INC. as Principal and UNITED PACIFIC INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of ONE HUNDRED FIFTY EIGHT THOUSAND EIGHT HUNDRED TWENTY SEVEN & 15/100 DOLL ($ 158,827.15 ) 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: STEVENS CREEK BOULEVARD @ HIGHWAY 85 INTERSECTION MODIFICATION PROJECT 85-07 • 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 4 void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 7 day of NOVEMBER , 19 86 , (To be signed by Principal and Surety and acknowledgment.) Co ��,• and CGv. S*/+ we �• °u`/ J's tie C. / atege,s4A Pr 'ncipal 1: • • UNITED PACIFIC INSURANCE COMPANY Surety r, By IP 1 . 2.._ At orne in-Fac f JO N J. LOUGHRAN.. - =, The above bond is accepted and approved this day of 19• _ . i� J.-1...C.1.1.) rtiL:lr'AL: 11N U k<.1-1..L•1 C:L OOM NNT Y- 1;1 HOME OFFICE, TACOMA, WASHINGTON • POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the UNITED PACIFIC INSURANCE COMPANY,a corporation duly organized under the laws of the State of Washington,does hereby make,constitute and appoint JOHN J. LOUGHRAN of SAN FRANCISCO, CALIFORNIA its true and lawful Attorney-in-fact,to make execute,seal and deliver for and on its behalf,and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory In the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Section 37A of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which provisions are now in full force and effect,reading as follows: SECTION 37A-ATTORNEYS-IN-FACT SECTION 1. The Board of Directors, the President,or any Vice-President or Assistant Vice-President shall have power and authority to: le) appoint Attorneys-in-fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and(b)to remove any such Attorney-in-fact at any time and revoke the power and authority given to him. SECTION 2. Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 26th day of October, 1971,at which a quorum was present,and said Resolution has not been amended or repealed: "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or raciiimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and'-facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.' IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice-President,rnd its corporate seal to be hereto affixed,this 14th day of March 19 72 UNI • PACIFIC INSURANCE COMPANY usui`'` ovo SEAL STATE OF Washington '�reza % --Executive Vice-President COUNTY OF Pierce ss' "s"IsOs On this 14th day of March ,1g72personally appeared MORRIS E. BROWN Executive , to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto,and that Section 37A,Section 1 and 2 of the By-Laws of said Company and the Resolution,set forth therein,are still in full force My Commission Expires: `'�i iilz ` � .�..• "'-p.ems / .anitary 15 . 19 .14_ pataay. 't. Puauc Notary Public in and for State of Washington .) ,s,./gait c, f�•!i� Residing at Tacoma I, D. Kei th Johnson , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY,which is still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and al fixed the seal of said Company this 7 day or NOVEMBER 79$6 u`\ 14;;; am ,yPoA"tf orni ��—/. i - i WBDU-1431 ED.2-72 SEAL =1 Assist:- ecretary 192 _� • BOND NO. U514865 EXECUTED IN DUPLICATE LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: 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 UNITED PACIFIC 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 $158,827.15 ONE HUNDRED FIFTY EIGHT THOUSAND EIGHT HUNDRED TWENTY SEVEN AND 15/100 DOLLARS ($ 158,927.15 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to- such work or labor, or any and all damages arising under the original contract, then said Surety will pay the • same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184. 1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. CORPORATE ACKNOWLEDGMENT NO.2o2 State of LCIt On this the 7day of 4/611i 192, before me, County (/211-44._ g`/,//a ia the undersigned N Lary Public,personally appeared o eaMgr � //j,c atA) •nmmnmummmmmnanenenmminaaann:C Yl personally known to me OFFICIAL SEAL ' tee: F' CAROLYN CORRADI 0 proved to me on the basis of satisfactory evidence • ,�a +/ VOTARY PUBLIC — CALIFORNIA to be the person(s)who executed the within instrument as `t"-•• . COUNTY OF SANTA CLARA or on behalf of the corporation therein Comm. Exp. Feb. 26, 7990 named,and acknowledged to me that the corporation executed it. WITNESS p y hand and official seal. ANotary's Signature 1- 7120122 State of California, � 1r SS: County of SANTA CLARA 1 • On this 7 , day of NOVEMBER , in the year 1986 , before me Notary of Public personally appeared JOHN J. LOUGHRAN , personally known to me (e&-preved-to-nte- ry-evidence) to be the person whose name is subscribed to this instrument as the Attorney-In-Fact of UNITED PACIFIC INSURANCE COMPANY,and acknowledged to me that UNITED PACIFIC INSURANCE COMPANY executed the instrument************** ** **** OFFICIAL SEAL FRANCES GATES -*i- - NOTARY PUBLIC-CALIFORNIA ir '.t, * SANTA CLARA COUNTY s*c **r MY COMMISSION EXPIRES NOV. 11, 1986, My Commission expires // // , 19 5'4 lail.- BDU-1818 ED.6/83 (CALIF.) Notary Public in and for said County 4 • Labor and Material Bond Page 2 • And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. • IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 7 day of NOVEMBER , 19 86 CO /kb dal (i An j rn wfl.tie a+ . • (To be signed by Principal r ncipal and Surety. Notary acknowledgments required.) UNITED PACIFIC INSURANCE COMPANY Surety By: I_ _/4 /rfo-_ Y . Or -in-Fact WOCr-in-Fact J. LOUGHRAN The above bond is accepted and approved this day of , 19 - r • 6/17/85 L.1 .LN 11 Lf J J PACIFIC INSURANCE COMPANY • HOME OFFICE, TACOMA, WASHINGTON • POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the UNITED PACIFIC INSURANCE COMPANY,a corporation duly organized under the laws of the State of Washington,does hereby make,constitute and appoint JOHN J. LOUGHRAN of SAN FRANCISCO, CALIFORNIA Its true and lawful Attorney-in-fact,to make execute,seal and deliver for and on its behalf,and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney(sl-in-fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Section 37A of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which provisions'are nowin full force and effect,reading as follows: SECTION 37A—ATTORNEYS-IN-FACT SECTION 1. The Board of Directors, the President,or any Vice-President or Assistant Vice-President shall have power and authority to: (a) appoint Attorneys-in-fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of Indemnity and other writings obligatory in the nature thereof,and Ib)to remove any such Attorney-in-fact at any time and revoke the power and authority given to him. SECTION 2, Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory In the nature thereof, • The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. • This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 26th day of October, 1971,at which a quorum was present,and said Resolution has not been amended or repealed: • "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile-seal.shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures andlacsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is'attached," • IN WITNESS WHEREOF,the UNITED PACI FIC INSURANCE COMPANY has caused these presents to be signed by its Vice-President,rnd its corporate seal to be hereto affixed,this 14th day of March 19 72 UNI • PACIFIC INSURANCE COMPANY Ono • y. • ,6 SEAL• STATE OF Washington t 19ze XBCllt7.Ve Vice-President —�1/--— COUNTY OF Pierce f s ' 'f'tr"i"ste , • On this 14th day of March ,19 7?personally appeared MORRIS E. BROWN Executive , to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto,and that Section 37A,Section 1 and 2 of the By-Laws of said Company and the Resolution,set forth therein,are still in full force My Commission Expires: .Tannery 15 - 19 _7_4_ -kPuBuCi' Ptauc Notary Public in and for State of Washington % er 'tta Residing at Tacoma I, D. Kei th ,Tolman , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY,which is still In full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company this_7 day of NOVEMBER 79 86 ot.II3e1I. J WBDU-1431 ED.2-72 Assist. ecretary UNI'lD INSURANCE COMYAN Y • HO' 1FFICE,TACOMA,WASHINGTON '• POWER OF ATTORNEY • • KNOW ALL MEN BY THESE PRESENTS,'That the UNITED PACIFIC INSURANCE COMPANY;■ corporation duly ag,nlad under the Iaw,of the Bran of Washington,does hereby make,conthute and appoint • • F. ALLEN LOMBARDI of PALO ALTO, CALIFORNIA____ • its trui and lawful Attorney-in-Fact,to make,execute,seal and deliver for end an its behalf,and es its act and deed • ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP---- • •• aur:t.rbind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the rine extent as if such bonds end undertakingend other writing, Obligatory in the nature lheredl were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and meted and attired by one other of such of flows.and hereby ratifies and confirms all that its mid Attorneyld•in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by.authority.of Article VII of the By-Law,of UNITED PACIFIC INSURANCE COMPANY which become effective September 7,1978,which provisions are now in full fora and affect,reading as follows: ARTICLE VII —EXECUTION OF BONDS AND UNDERTAKINGS • 1. The Board of Directors,the President,the Chairmen of the Board,any Senior Via President,any Via President or Assistant Vice President a other officer designated by the Board of Directors shall have power and authority to(a)epooin'Attorneys-in-Fact and to authorize them to execute on behalf of the Conseny,bonds and undertakings,recogniances,contracts of indemnity end other writing,obligatory in the nature thereof,end(bi to remove any cuch Attorney•in-Fact at any time and revoke the power and authority given to him. 2, Attorneys4n•Fact stall have power end authority,subject to the terms end limitations of the power of attorney issued to them,to execute andddiver on behalf of the Conpeny,bonds and undertakings,racogniamxe,contracts of indemnity and other writing,obligatory in the nature thereof, The corporate seal is not necessary for the validity of any bonds and undertakings,racogniunas,connects of Indemnity and other writings obligatory ks the nature thereof. • 3. Attorneya•in•Fact shall have power and authority to execute affidavits required to be winched to bonds,recognianas•confront of odes• nitr Of Other conditional or obligatory undertaking,and they shall also have power and authority to certify the financial statement of the Company and to copies of the ByLaws of the Company of any article or section thereof, - This pones.of attorney N signed and sailed by facsimile under and by authority of the following Resolution witted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANYtat a nesting held on the 6th day of June,1979,it which a quorum was present,end said.Resolution hes not been amended or repealed: "Resolved,that the signatures of suds director,and officers and the sod of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any sod.power of attorney or certificate bearing such facsimile signature, or facsimile seal shall be valid and binding upon the Company end eny such power so executed and certified by • facsimile signatures and facsimile seal shall be valid end binding upon the Company In the future with respect to any bond or . undertaking to which it is attached." Asst. IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has mused then presents to be signed by its Vice President,end its corporate . .el to be hereto affixed,this 1st day of May 19 80. .••.�' f , UNITED PACIFIC INSURANCE COMPANY • • Asst. Vlpa Resident STATE OF Washington COUNTY OF Pierce • f On this 1st day of May , 19 80.pereonally appeared D. Keith Johnson •to me known to--gait: the president of the UNITED PACIFIC INSURANCE COMPANY, end acknowledged that ha executed and enenad the fora• going Instrument and affixed the sol of mid corporation thereto, end that Article VII,Section 1, 2,and 3 of the By-Lawes of laid Company,and the Resolution,est forth therein,we still in hell forte. . My Commission Expire,: June 12, .1982 • a..w•'f Notary P In and for State o Wasshington • Residing at Tacoma • 1, Charles J. Falskow , Assistant Saoerary of the UNITED PACIFIC INSURANCE COMPANY,do hereby certify that the abase and foregoing is a true and correct copy of a Power of Attorney esehaned by aid UNITED PACIFIC INSURANCE COMPANY.which is still in full fora and effect. • IN WITNESS WHEREOF,I love hereunto set my hand and efllxed fe- "el of said Cottony this de of 19 013U-1431 Ed. 0/7B {, rsretant Swn.y � /f A ?4//