88-024 Anza Engineering, Traffic Signal Modification and Street Improvement, Blaney Ave and Stevens Creek Blvd., Project No. 4023 S
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CONTRACT FOR PUBLIC WORKS
CONTRACT made on /17f by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and ANZA ENGINEERING CORP.
,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 TRAFFIC SIGNAL MODIFICATION AND STREET
IMPROVEMENT AT BLANEY AVENUE AND STEVENS CREEK BOULEVARD, PROJECT 4023
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 TRAFFIC SIGNAL MODIFICATION AND STREET IMPROVEMENT '
AT •BLANEY AVE. AND ST. CREEK BLVD. , PROJ. 4023 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,
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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: $67,635.90
SIXTY-SEVEN THOUSAND SIX HUNDRED THIRTY-FIVE AND 90/100 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,
eic. , for the construction of the project, give all necessary
notices, pay all fees required by law, and comply with all laws,
ordinances, rules and regulations relating to the work and to the
preservation of the public health and safety. •
6 . INSPECTION BY THE CITY. The Contractor shall at all times
maintain proper facilities and provide safe access for inspection
-by the City to all parts of the work, and to the shops wherein the
work is in preparation. Where the Specifications require work to '
be specially tested or approved, it shall not be tested or covered
up without timely notice to the City of its readiness for
inspection and without the approval thereof or consent thereto by
the latter. Should any such work be covered up without such
notice, approval, or consent, it must, if required by the City, be
uncovered for examination at the Contractor' s expense. •
• 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any
time during the progress of the work require any alterations,
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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
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 SPECIFICATIONS
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 shalldetermine justifies the delay, then the time of •
completion shall be extended accordingly.
This paragraph does not exclude the recovery of damages for delay
by either party under other provisions in the Contract Documents.
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11. INSPECTION- AND 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 peiform 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
pioperty belonging to the Contractor as may be on the site of the
work and necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount which the City may
retain under Paragraph 21 of this Contract until the final .
completion and acceptance of all• work covered by the Contract, the
City may withhold from payment to the Contractor such an amount or
amounts as in its judgment may be necessary to pay just claims
against the Contractor or any subcontractors for labor and services
• rendered and materials furnished in and about the work. The City
may apply such withheld amount or amounts to the payment of such
claims in its discretion. In so doing, the City shall be deemed
the agent of. the Contractor, and any payment so made by the City
shall be considered as a payment made under the Contract by the
City to the Contractor, and the City shall not be liable to the
Contractor for any such payment made in good faith. Such payment •
may be made without prior judicial determination of the claim or
claims. With respect to any retention of payment by the City to
ensure performance of the Contract, Contractor will be entitled to
substitute securities 'as provided in Section 4590 of the California
Government Code as more fully described in the City' s Notice to
Contractors. -
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14 . NOTICE• AND SERVICE THEREOF. Any notice from one party to
the other under this Contract shall be in writing, and shall be
dated and signed 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:
P. 0. BOX 5216
' REDWOOD CITY, CA 94063
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.
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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
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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
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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:
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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
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Property Damage Liability Insurance in an amount not less than
$250,000 .00 . The city and its officers and employees, shall be
named as additional insureds on any such policies of insurance,
which shall also contain a provision that the insurance afforded
thereby to the City, its off-iters 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 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
niThe�provisionssins, andofarthebriersprecedas inge reuired
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
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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 calendar week in violation of the provisions of said
Sections of the Labor Code.
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The Contractor, and each subcontractor, shall keep an accurate
record showing the names of and actual hours worked each calendar
4ay and each calendar week by all laborers, workmen, and mechanics
ployed 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 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,
ublic
eithertheatbody awardingbythehecontract, shalthel be Divisionmade ouof
Apprenticeship Standards, or the Division of Labor Standards
Enforcement. The public shall not be given access to such
recoids 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. •
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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
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
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approval of the Administrator of Apprenticeship. Theoint
apprenticeship or committees, subsequent to approving the subject
contractor or subcontractor, shall arrange for the dispatch of
awithethises to the section. Theretractor shall orsubcontractor
an
suonaffirmativedutyupon
order
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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. •
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The Contractor or subcontractor, if he is covered by this
section, upon the issuance of the approval certificate, or if he
has been previously approved in such craft or trade, shall employ
the number of apprentices or the ratio of apprentices to journeymen'
stipulated in the apprenticeship standards. Upon proper showing by'
the Contractor that he employs apprentices in such craft or trade
in the state on all of this contract on an annual average of not
less than .one apprentice to each five journeymen, the Division of
• Apprenticeship Standards may grant a certificate exempting the
Contractor for the 1-to-5 ratio as set forth in this section. This '
section Shall not apply to contracts of general contractors
involving less than thirty thousand ($30,000 .00) or twenty ( 20)
workin4 days or to contracts of specialty contractors not bidding
: ' for work through a general or prime contractor, involving less than
two thousand dollars ($2,000 .00) or fewer than five (5) working
days .
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"Apprenticeable craft or trade, " as used in this section, shall
mean a craft or trade determined as an apprenticeable occupation in
accordance with rules and regulations prescribed by the
have
Apprenticeship
ethediscretion- l
tograntTha e jcertificate, which oint pshallibeesubject
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
represents contractors nin arspecific e etrade from thea 1d to an i tot
5oratiohion
a local or statewide basis the member contractors will not be
required to submit individual applications for approval to local
joint apprenticeship committees, provided they are already covered
by the local apprenticeship standards.
•
contractor
to the
subcontractor under him, who, contractan
who, inperformingiany ofwthee
work,orunder
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 Lebo!. Standards Enforcement is authorized to enforce the payment
Of. such-•dontributions 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
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
($50 .00) for each calendar day of noncompliance. Nothwithstanding
the provisions of Section 1727, upon receipt of such a
determination the awarding body shall withhold from contract
progress payments then due or to become due such sum.
(b) Any such determination shall be issued after a full
investigation, a fair and impartial hearing, and reasonable .notice
thereof in accordance with reasonable rules and procedures
prescribed by the California Apprenticeship Council.
_ (c) Any funds withheld by the awarding body pursuant to this
&action Shall be deposited in the general fund if the awarding body
is a state entity, or in the equivalent fund of An awarding body if
such awarding body is an entity other than the state.
The interpretation
e
shall be ' inetaccordance' withertheenrules$eandons 1777.5 proceduresnd17.7
of77the
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
:. dollatd '($25.00) for each calendar day,. or portion thereof, for
:`•: adch laborer, workman, or mechanic paid less than the stipulated
( :;pt
'; NAilinq rates for any work done under this Contract by him or by
• :.:`:any :lUbcontractor Under work done under this Contract by him or by
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. Payment will be made in accordance with the attached payment
schedule. TheCity 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)
date 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
•
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 compliance by the Contractor
with the requirements of said writing shall entitle the Contractor
to the certificates.
The payment of progress payments by the City shall not be
construed as an absolute acceptance of the work done up to the time
of such payments, but the entire work is to be subjected to the
inspection and approval of the City, and subject to whatever
inspection and approval may be required by law.
24. PROTECTION OF PUBLIC UTILITIES. The City shall be
responsible as between the parties to this Contract only, for the
removal, relocation, or protection of existing public utilities, if
any, located on the site of construction, but only if such public
utilities are not identified by the City in the Plans and
Specifications made a part of the invitation for bids. The City
shall compensate the Contractor for costs incurred in relocating or
repairing damage to utility facilities not indicated in the Plans
and Specifications, other than service laterals when the presence
of such utilities on the construction site 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
coat 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 00/100 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
CORPORATION
STATE OF CALIFORNIA
ban Mateo ISS.
COUNTY OF SS
On May 74, 1 9RR ,before me,the undersigned,a Notary Public in and for said State,
w Charles Ward
C personally appeared
personally known to me (or proved to me on the basis of satisfactory
• evidence)tole the pp on who executed the within instrument as
a President
a
< on behalf of
Anza Engineering Corporation
®e^_^er;:ra"- aece�eaeoeMaoeasceeaysessfseuaaaanea0
the corporation therein named,and acknowledged to me that the corporation M�,b el(a.�. vcric arc
executed it. � 4,14 NOTARY PUBLIC-CALIFORNIAE
SE Nt! PRINCIPAL OFFICE IN
WITNESS my hand and official seal. SAN MATED COUNTY
March 10.1091�(
' My Cornmlr Exp
Signature
�7sam:T+osA..ys7;a^.+a�^aia7a:mn: *' 1
ID 304C(REV.1841 This area for Official Notarial Seal
•
• 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 �7J
• / / Mayor: '1 - LCL
City Attorney City Clerks ,/
Date/City Clerks 6-
•
CONTRACTOR: ANJZi,, Cl J ETI AJ EQ N[7•
CO2p_
•
•
By: G�2'�. �[�.2 s� _
Notary acknowledgment required. G/ II44;Zr ,cS lit/,4ren tom- sem.
If a corporation, corporate seal
and corporate notary,
acknowledgment required. •
Project, Name and Number:. TRAFFIC SIGNAL MODIFICATION AND STREET IMPROVEMENT AT
BLANEY AVENUE AND STEVENS CREEK BOULEVARD, PROJECT 4023 •
Contractors Name: ANZA ENGINEERING CORP. ; P.O. Box 5216; Redwood City, CA 94063
Contract Amount: $67,635:90
SIXTY-SEVEN THOUSAND SIX HUNDRED THIRTY-FIVE AND 90/100 DOLLARS
Cbntra@t. Account Number:: 120-4023-953
•
• Page 16 •
STATE OF CALIFORNIA
} -.
COUNTY OF
SAN MATEO
On this 24TH day of MAY , in the year1988 before me,
FRANCES R. BRUNO , a NOTARY PUBLIC in and for said
(Notary's Name)
State, personally appeared GREG McCARTNEY personally
known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to this instrument as the attorney-in-
fact of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl-
edged to me that he (she) subscribed the name of THE OHIO CASUALTY
INSURANCE COMPANY thereto as Surety and his (her) own name as
attorney-in-fact.
71c7 on-bccit.4)
r cu ,,, ...nndnfan Ststig
FRANCES R. BRUNO
/99/ 7 _�aljr_ NOTARY PUBLIC-CALIFORNIA)
My Commission Expires.....r-• — c3( / =� PRINCIPAL OFFICE IN
4vyit SAN MATEO COUNTY _
= My Commission Expires June 3. 1991
tv.zuanunmoatunnu.x.uani.un usuanesua
I .
CORPORATION
e
STATE OF CALIFORNIA
COUNTY OF SAN MATEO }SS.
On MAY 24, 1988 ,before me,the undersigned,a Notary Public.,in and for said State,
ea
cc personally appeared
CHARLES WARD
: personally known to me (or proved to me on the basis of satisfactory
W evidence)to be the person who executed the within instrument as
a PRESIDENT ® mwtumuaaursca teraermot:nnun xunenit
e on behalf of E e� C•a FRANCES R. BRUNO
1-. ANZA ENGINEERING CORPORATION =
m7. t��p NOTARY PUBLIC-CALIFORNIA
t.
• the corporation therein named,and acknowledged to me that the corporation . PRINCIPAL OFFICE IN
.. executed it. 6le SAN MATEO COUNTY
I 9 My Commission Expires June J. 1991 i
WITNESS my hand a'd,official s`eeal. isonnaeuaaserann eeuetteeeueeainueaeetaeua
" t Signature _`'ns%`.4// x. d
ID 304C(REV.7.84) This area for Official Notarial Seal
EXECUTED IN DUPLICATE
'PREMIUM $973.95 Bond No. 2-673-872
nECLIV D
FAITHFUL PERFORMANCE BOND JUN Fr 1988
PI IPI Ir! thfr►PKS
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, ANZA ENGINEERING CORP.
as Principal and
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of SIXTY-SEVEN THOUSAND SIX HUNDRED THIRTY-FIVE AND 90/100 Dollars
($ 67,635.90 ) 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 May 19, 1988
with the Obligee
to do and perform the following work to-wit:
TRAFFIC SIGNAL MODIFICATION AND STREET IMPROVEMENTS
AT BLANEY AVENUE AND STEVENS CREEK BOULEVARD
PROJECT 4023
NOW, THEREFORE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Pri4cipal
and Surety this 24th day of May , 19 88 -
(To be signed by Principal
and Surety and acknowledgment.)
• ANZA ENG EERING CORP.
Principal CHARLES WARD, PRESIDENT
' THE OHIO CASUALTY INSURANCE COMPANY-
Sure
49
By:
AEtornt- ret- suet McCartney
�_
The above bond is accepted and approved this day of , 19
EXECUTED IN DUPLICATE
PREMIUM INCLUDED UNDER Bond No. 2-673-872
PERFORMANCE BOND
•
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
ANZA ENGINEERING CORP.
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
THE OHIO CASUALTY 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
SIXTY-SEVEN THOUSAND SIX HUNDRED THIRTY-FIVE AND 90/100 DOLLARS
($ 67,635.90 ) .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to- such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the
same and also will pay in case suit is brought upon this bond, such reasonable
attorney's fee as shall be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1184.1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
STATE OF CALIFORNIA
COUNTY OF SAN MATEO } St
On this 24th day of MAY , in the year 1988 before me,
FRANCES R. BRUNO a NOTARY PUBLIC in and for said
(Notary's Nome)
• State,personally appeared GREG McCARTNEY personally
known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to this instrument as the attorney-in-
fact of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl-
edged to me that he (she) subscribed the name of THE OHIO CASUALTY
INSURANCE COMPANY thereto as Surety and his (her) own name as
attorney-in-fact. i
•rnmttgines tt in;and.forisId' I
C / p I ° FRANCES R. BRUNO a
My Commission Expires...
�/ / / / ;n NOTARY PUBLIC-CALIFORNIA
y !p�T . , PRINCIPAL OFFICE IN
i !` Ts. SAN MATEO COUNTY iippjj ��
0 My Commission Expires June 3. 1991 i I �r,
..._., iMtiYO_MOR1 �nfIMtnWu .1,r ,.
CORPORATION •
STATE OF CALIFORNIA
COUNTY OF SAN MATEO SS.
On MAY 24, 1988 ,before me,the undersigned,a Notary Public in and for said State,
sic
C CHARLES WARD personally appeared .
m
= personally known to me (or proved to me on the basis of satisfactory
m evidence)to be the person who executed the within instrument as
..1 PRESIDENT
4
Q on behalf of fl uc3mimJilnn tfltu Ip 'a4
ANZA ENGINEERING CORPORATIONCri ' FRANCES R. BRUNO
the corporation therein named,and acknowledged to me that the corporation 3 NOTARY PUBLIC-CALIFORNIA
l PRINCIPAL OFFICE IN fi
executed it. 1� ' 'r��1 SAN MATEO COUNTY
Vp MO
WITNESS my hand and official seal. My Commission Expires Juno 3. 1991 -
yspnrmsnwsmmaammtat sannmmuni
Signature J- 4e.
ID 304C IREV.1.841 This area for ficial Notarial Seal
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 y the
Principal and Surety this 24th day of MAY , 19 8°
ANZAENG LiIiL� NEERING RPORATION .
(To be signed by. Principal Principal CHARLES WARD, PRESIDENT
and Surety. Notary
acknowledgments required.) THE OHIO CASUALTY INSURANCE COMPANY
Surety
� / i
By: d) / -
Attorn. -in=Fac GREG McCARTNEY
The above bond is accepted and approved this day of
•
, 19
•
•
6/17/85
- , CERTIFIED COPY OF POWER OF ATTORNEY
THE OHIO CASUALTY INSIMIANCN COMPANY
HOUR wTnCI HAMILTON, OHIO
No. 22-295
Know All gm bli Ow lirnittdit That THE OHIO CASUALTY INSURANCE COMPANY, in pureuanee
of authority granted by Article Vi. Section 7 of the By-Laws of mid Company, does hereby nominate, constitute and appoint:
James E. McGovern or Greg McCartney of Belmont, California
its true and lawful agent and attorney -in-fact, to make, execute. seal and deliver for end on its behalf es surety, and es
its act and deed any and all BONDS. UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
FIVE
MILLION ever, any bond(,) or undertaking(.) guaranteeing the payment of notes De0e
and es thereon
n- -) Dollars,
excluding, h
And the execution of such bonds or undertakings in pursuance of theme present.. shall be as binding upon said Company.
as fully end amply, to all intents end purposes, as if they had been duly executed and acknowledged by the regulary
elected officers of the Company at its office in Hamilton, Ohio. in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(,)-in-feet.
__e+' rt
In WITNESS WHEREOF, the undersigned, officer of the said The Ohio Casualty
'slA Ifis
_Y ‘51:. Insurance Company ham hereunto subscribed Isms and affixed the Corp. to Seal of the
' \t said The Ohio Casualty Insurance Comp • • s 18th y of Fet uary 19 86.
P.' SEAL
kriniin
STATE OF OHIO,BUTLER 1 1 SSAsst. Secre `d /
COUNTY OF '
On this -18th day of February A. D. 19 86 before
the subscriber, • Notary Public of the State of Ohio. in and for the County of Butler, duly commissioned and qualified, came
Richard T. Hoffman, Asst. Secretary - - - of THE OHIO CASUALTY INSURANCE COMPANY. to me
personally known to be the individual and officer described in, end who executed the preceding instrument, and he acknow-
ledged the execution of the same, and being by me duly sworn deposeth and earth. that he is the officer of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate
Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
OesOd�pm iq Seel at the oms% IN TESTIMONY
yTof Hana ltW�REOof Ohio, the eedaynand year first above wrto set my hand and itten. ray Official
,fSW e
...
9 '' �•e� Notary Public in and for • my of ut er, State of Ohio
%'malmtlyl- My Commission expir December 24, 1986.
This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by
its directors on April 2, 1954, extracts from which read:
"ARTICLE VI"
e "Section 7. Appointment of Attorney-in•Faet, etc. The chairman of the board, the president, any vice-president, the
secretary or any assistant secretary shall be and is hereby vested with full power end authority to appoint attorneys-in-fact
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate Deal, acknowledge
and deliver any and all bonds, recognizance., stipulation., undertakings or other instruments of suretyship and policies of
Age insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of county or state. or the United State. of America, or to any other political aub-
division."
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on May 27, 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a
power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal,
to be valid and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE
I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power,
of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true-
and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF. I have hereunto set my hand and the seal of the Company this 24th day of May AID., 19 88'
a SEALI i
`,\ `/'.
s I„iibei' I Assistant Secretory
5-4300-C 12-80-3M
Of I CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY)
5-25-88 LH
I-
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
El NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
JAMES E. MCGOVERN, INC COMPANIES AFFORDING COVERAGE
1625 EL CAMINO REAL
BELMONT, CA 94002 COMPANY A MARYLAND CASUALTY
COMPANY B .
INSURED LETTER
ANZA ENGINEERING COMPANY c
Lei MPA
P 0 BOX 5216 COMPANY p '
REDWOOD CITY, CA 94063 LETTER
COMPANY g
LETTER
COVERAGES .
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
LTR DATE(MWDDM/1 DATE(MWDDTYY)
GENERAL LIABILITY GENERAL AGGREGATE $1,000, "
A x- COMMERCIAL GENERAL LIABILITY EPA 81335325 4-5-88 4-5-89 PRODUCTS-COMP/OPS AGGREGATE $1,000,
CLAIMS MADE X OCCURRENCE PERSONAL 8 ADVERTISING INJURY $1.000._
X OWNERS&CONTRACTORS PROTECTIVE EACH OCCURRENCE $1,000.7-
.
. FIRE DAMAGE(ANY ONE FIRE) $ 50,
MEDICAL EXPENSE(ANY ONE PERSON) $ 5,-
AUTOMOBILE LIABILITY
A X ANYAUTO WAA 82112962 4-5-88 4-5-89 CSL $ 1,000,
— ALL OWNED AUTOS BODILY
SCHEDULED AUTOS (PERRY
(PER PERSON) $
X HIRED AUTOS N�pJFUAR
X NON-OWNED AUTOS ADLIOENTI $
GARAGE LIABILITY - PROPERTY
DAMAGE $
EXCESS LIABILITY OCC EACH
AGGREGATE
AXIUB 87917688 4-5-88 4-5-89 $ 2,000, $2,000,
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS'COMPENSATION $ 1,000, (mil/ammo
A AND TC8 22179170 4-1-88 4-1-89
$ 1,000, (DISEASFPOUCY LIMIT)
EMPLOYERS'LIABILITY
$ 1,000, (DISEASE-EACH EMPLOYEE)
OTHER ADDITIONAL INSURED: THE CITY OF CUPERTINO, ALL OFFICERS, EMPLOYEES, AND AGENTS, ARE
ADDED AS ADDITIONAL INSUREDS PER FORM CG2010. PRIMAR PHRASE 0-HER INSURANCE—SUBJECT TO
ALL OTHER TERMS AND PROVISIONS OF THE POLICY, SUCH IN'URANCE AS PROVIDED BY CO2010 SHALL BE
DEEMED P' VtG Li - : i. . Y• -i , - , "i ,
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CONNECTION WITH THE DESCRIBED CONTRACT.
* A 10 DAY NOTICE OF CANCELLATION SHALL BE GIVEN ON THE BASIS OF NON—PAYMENT OF PREMIUM.
#4023
"RV V :._..-,P8 %j e '7'B SR G14„g, MOD9:F!CA 'MN . SRER'FiEi. MP1 OVFME_N, A B�L�4NI _V S-T�EMEN-BaG 2 A io; ,ii)
CERTIFICATE HOLDER, CANCELLATION
CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
10300 TORRE AVENUE PIRATION DATE THEREOF, THE ISSUING COMPANY WILL 4'• ' ,. .,
CUPERTINO, CA 95014 MAIL*3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, EXITIF il1:KIN�IXXK 7LX ; v•it . ; "-,"4) '✓:'E L`• J- .T`"4 ,a
• ATTN: CARMEN LYNAUGH— AUTHORIZED REPRESENTATIVE ^� R$, 1 '1 �. I .vT'
• - ENGINEERING TECHNICIANrr��Il
ACORD 25-S 01/85) - 0 IIR/ACORD CORPORATION 1985
EXHIBIT A
PROPOSAL ANZA
•
TO THE DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
In compliance with the Plans, Specifications and/or Special
Provisions for the constructing to completion the BLANEY AVENUE
and STEVENS CREEK BOULEVARD Traffic Signal Modification, PROJECT
4023 , I, the undersigned, hereby declare that I have read the
proposal requirements, visited the site, and examined all of the
above documents. I, the undersigned, hereby propose to do all
work required to complete the project in accordance with the
Plans, Specifications and/or Special Provisions 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 or 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 that 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 adventageous proposal, to reject any or all bids or to
waive any irregularities in the bidding procedures.
The work to be done consists of the furnishing of all labor,
methods, processes, tools, machinery and materials required to
construct to completion and in working usable order the Traffic
Signal Modification on BLANEY AVENUE at STEVENS CREEK BOULEVARD,
PROJECT 4023 as described in the contract documents.
•
In the event of discrepancies between the written unit price
and the numerical unit price, the written price shall prevail and
shall be used to calculate the total for that bid item. The bid
prices for this project shall be as outlined on the following
pages.
•
Proposal Page 1
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FPOPOSAL(Ccntinued)
ESTIMATED QU_ANITIES
BID UNIT
ITEM EST.QT'_'. UNIT ITEM PRICE TOTAL
4 . 2 Each Remove Pavement Legends:
D/iE 470,vvec2D
$ /00. /Ea $ 020C. "—'
Dollars per Each
5 . 1825 LF Insttall Traffic Striping
(rkir
$ / C42c _
Dollars per Lineal Foot /L° $ /�' 'J. `—`
6. 2 Each Install Pavement Legends:
$ 6, O. co /Ea $ /„'0 `c
Dollars per Each
7 . ONE (1) LS Clearing and Grubbing:
x //-JDt/-SAA//�
$!o,C00. 00
Dollars Lump Sum
8 . ONE(1) LS Excavation, Grading & Subgrade
Preparation:
c7 vE /AO LAS /v
Fl/c ,--//Jn/0/eF/Q AA/D
/J'AiET?' /7 vE $6595. `O
Dollars Lump Sum
9 . 141 Ton Provide and install A.C.
Deeplift and Overlay:
%�1REt
$ 6.3 . °n /Ton $ 7,473. `—o
Dollars per Ton
Proposal Page 3
. PROPOSAL(Continued)
ESTIMATED QUANITI=S
BID - UNT_7,
ITEM EST.QTY. UNIT ITEM PRT_CE TOTAL
10 . 380 SF _ Install 6" P. C.C. Driveways:
/7/,SEE: GL.Ai2S Zvi)
SrVe VTC/ y/ Uc ( E,V%.$
$ 3. 7C /SF $ /CC. a
Do3i-ars per Square Foot
11. 2066 SF Provide and Install 4" P.C. C.
Sidewalk:
/.l()LLAf S
H N:� /V.%Nc TY �EiV
- ate per Square Foot
12 . 500 LF Provide and Install Type A2-6
Curb and Gutter:
7-/fir.7 727C/.J
$ /3. °o /LF $ COG ``1
Dollars per Lineal Foot
13 . 127 LF Provide and Install Vertical
Curb:
LEWE A/
$
Dollars per Lineal Foot �� /LF $ /397 OD
14 . 550 LF Wedge Cut AC Pavement:
-S7/ X
$ 6. co /LF $.336o. cn
Dollars per Lineal Foot
15. 5 Each Adjust Existing Valve Boxes to
Grade:
F/1cTy
$ .50 . Lvi /Ea $ L).13-e .
Dollars per Each
Proposal Page 4
_RCPOSrL(Con Z_nL'ed)
ESTIMATED QUPNITIES
BID UNIT
ITEM EST.QTY . UNIT TmEM PRICE TOm•
16 . 8 Lr Install 6" Diameter Class III
Reinforced Concrete Pipe:
Tr PT vE
„ OG,
$ S�. °= /LF $ 44o .
Dollars per Lineal Foot
17 . 10 LF Install 12” Diameter Class III
Reinforced Concrete Pipe:
,i /e1=
$ S6 . CC /LF $ J J C YJ
Dollars per Lineal Foot
18 . 1 Each Install Curb Opening Drop
Inlet: •
(*JJ i ,=/CL!-S Q Ain
$ /LC!C'. °—o /Ea $ /604 °—
Dollars per Each
19 . 205 LF Provide and Install 1-1/2"
Rigid Metal Conduit:
D/ X T E EAJ
ro
Dollars per Lineal Foot
20. 1 Each Install Electrolier:
/ wE-ui v D,jE
/tite_ VD &Ev
$ )/DO.. O" /Ea $.2 /60. `Y
Dollars per Each
21: 1 Each Relocate Existing Electrolier:
6A/E- iLLDUS'/l-/J/7
c4 eC•
$ /CCU. /Ea $ /CCCG.
Dollars per Each
Proposal Page 5
•
• PROPOSAL(Continued)
' • ESTIMATED QU?NITIES
. BID' UNIT
ITEM EST.QTY . UNIT ITEM PRICE TOTAL
•
22 . 1 Each Relocate Existing Fire Hydrant:
/WD /-/(21-66-A A D :€.11--Lr.
,LI't&.n/D i2ED
ng
Dollars per Each
TOTAL PRICE BID: $ / 3 72
I, the undersigned agree that if this proposal s I accepted
d
by the City of Cupertino, I will enter into a contract with the
City to provide all necessary machinery, tools, apparati, and
other means of construction and to do all. of 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
. this 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 portion of the work over another
and each starting date where conflict of construction schedules
occur.
Attached hereto is the required certified check, bid bond or
surety in the amount of $ /Q'to OF AMOLJUT sib , which amount
represents ten percent(10%) of the total amount of the bid, as
required by law and the notice to bidders.
•
Proposal Page 6
PROPOSAL(Continued)
3IDDER QUALIFICATION FORM
In further compliance with the specifications furnished, I,
the undersigned, submit the following statements as to my
experience and qualifications to perform this work as a part of
this proposal. The truthfulness and accuracy of this information
is hereby guaranteed.
My organization has been in business under its present name
for 1(c years.
Our experience in work comparable with that required by the
proposed contract is /G years operating under our
current business name.
Our experience in work comparable with that required by the
proposed contract is IV _ years operating under the
business name
our California Contractor' s License Number is .2 7S Z ki
The classification of this License is a ,
The following is a list of work similar in character to that
required in the proposed contract which our organization or
personnel in our organization has completed within the past
three(3) years .
Year Class , Location of Work and for Whom Performed Amount
Is sec AY AeJ4ED
Proposal Page 7
PROPOSAL(Continued)
SUB-CONTAC'^ORS FORM
The sub=contractor(s) that I propose to use to perform any
of the work for this project are listed below. Only those listed
shall perform work on this project.
1. Name dH,e'S /° (cv./t .( A/kr
Address 1ic7t T
Work to be Performed T.c, ' Airy
2 . Name vtsi vS/-/O,CE (lc' pis •
Address LcAA/ CA,Cc_t:
Work to /ble Performed /C3% i..,c,zcre
ej
3 . Name GI/s ti, cc 5 /I S "C
a
Address /`/EA/c_o •
Work to be Performed GLw/JCS,' � F�LLLn'O
4 . Name —�
TCAl ELT/vc
•
Address NS-ALA/ \,Jt' `. •E
Work to be Performed Z ��rcd L
•
5. Name •
Address
Work to be Performed
6. Name
•
Address
•
Work to be Performed
•
7. Name
Address
•
Work to be Performed
•
Proposal Page 8
PROPCSAL(Continued)
•
SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A
CO-PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL
INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY . IF YOU ARE A
CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE
NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE
CORPORATE SEAL MUST BE AFFIXED TO THIS FORM.
TYPE OF BUSINESS
* CORPORATION : A n./LA / N/: A/4=E 2t A/c d.': / /7
CO-PARTNERSHIP: •
IINDIVIDUAL •
JOINT VENTURE :
OTHER •
(Describe)
Name and Signature of Bidder: (171--AAr ts.s 1AJAR1 2E5!0/_7L/i.
(Print or Type Name)
: / i/✓.,_j _
(Signature)
• Date: MAY ID , / 38
Address (mailing & location) : Po. Z3:-..)x S,2./L,
DWcov a/ rY, CA S 4Noe
• i47 hen s -r-
caDWOO D C'r i Y, a 4 94.01cot_i
Telephone Number : ( 4/5 ) 6,2-7 •846,6,
•
Acknowledge Addenda Recieved by circling the addendum number .
1 2 3 4 5 6 7 8 9 10
C/I-A'EtCS Wtl Ria P, sf7Dcm-
.S1,4 i€A V. 61IA-rzo S6.7" ./ThaA s, •
Proposal Page 9
1988 CAPITAL IMPROVEMENT PAYMENT SCHEDULE
QUANTITIES CUT—OFF DATE CHECK RELEASE DATE
FRIDAY 5:00 P.M. FRIDAY
December 18 January 1
January 15 January 29
February 12 February 26
March 11 March 25
April 8 April 22
May 6 May 20
June 3 June 17
July 1 July 15
July 29 August 12
August 26 September 9
September 23 . October 7
October 21 November 4
November 18 December 2
December 16 December 30