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88-040 G.A.B. Construction, Inc., Traffic Signal Detector Installation, Project No. 110-996-733CONTRACT FOR PUBLIC WORKS CONTRACT made on July 7, 1988 by the CIT'! OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and G.A.B. Construction, Inc. ,hereinafter called the CONTRACTOR. IT IS HEREB'! 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 Detector Installation on various streets at various intersections. Project 110-996-733. 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 CIT'! and the CONTRACTOR are fully set forth and described herein. 'All of the above documents are inten~ed 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 as called for, and in the manner designated in, and in strict conformity with, the plans and Specifications prepared by: Mr. Bert J. Viskovich, Director of Public Works and adopted by the Ci~ty, which Plans and Specifications are entitled, respectively, 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 Ci ty, or its representative. 1'he city hereby designates as its representative for tbe 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 tbe work aboye agreed to be done, the sum of: TWENTY-TWO THOUSAND AND 00/100 DOLLARS ($22,000.00) subject to ad91 tlons and deductions as provided in the 'contract Documents, per gxhibit "An attacbed hereto. 4. DISPUTES pgRTAINHIG TO PAYMENT ,'OR 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 tbe size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined eitber by reference to the unit of prices, if applicable, or in accordance with tbe agreement" of prices, if applicable, or in accordance witb 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, e~c., for the construction of the project, give all necessary notices, pay. all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe accesS for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the city. be uncovered for examination at the Contractor's expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work requir~ any alterations, Page 2. '. , I deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shail 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 ~erican Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the city, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that,the extra work or change is authorized, and no claim f~r an addition to the contract sum shall be valid unless so ordered. 6. CHANGES '1'0 MEET EN..,lRONMEN'rAL REQUIREMENTS. The ci ty shall have the right to make changes in this Contract durin; 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 cnanges 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 a;ree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract.may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the ag'reement of the parties, or .in accordance 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 I JUNE 17, 1988 If the Contractor shall be delayed in the work by the acts Ot" neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casual,ties or any causes beyond 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 'op' MATEIUI\LS. The Contractor shall notify the city a sufficient time in advance of the manufacture or production of materials to be supplied by him u·nder this Contract., in order that the City may arrange fo~ mill or factory inspection and testing of the,sam.e, if the City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. 1f 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 intentLon 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 aurety 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 auch 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 ~ork and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this contrBct until the final. completion and acceptance of al~ work covered by the Contract, the City may withhold f'rom payment to the Contractor !luch 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. ensore performance of the contract, Contractor will be entitled to substitute securities 'as provided in Section 4590 of the California Government Code ss more fully descr1bed in the City'S" Notice to Contractors. Page 4 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such-notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner. (al if the notice is given to the City either by personal delivery thereof to the City Manager of the city, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the city, postage prepaid and 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. 670 COLEMAN AVENUE SAN JOSE, CA 95110 postage prepaid and certified, and (cl if the notice is given to the surety or any other p~rso~, 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 thereof, nor moneys due or to become assigned by the Contractor without the the Ci ty. the Contract, nor any part due chereunder, may be prior written approval of 16. COMPLIANCE WITH SI'ECIFlCA'L'lONS 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 toe City agrees in writing to some other material, process or article offered by contractor which is equal in all respects to the one specified. 11. 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 labo~ thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit,is brought upon the bond. 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 cov@rage 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 modifi~ation of the policy, (a) WORRER'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 i3 sublet, the Contractor shall require the subcontractor similarly to provide Worker'S compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this contract the Contractor ma~es the following certification, required by Section 1861 of the Labor Codel "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 co~encing the performanca of the work of this contract," (b) LIABILITY INSURANCE. The contractor shall taka 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 followsl 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 Page 6 ,\ 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 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 sale cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the city and are for the express benefit of the general public. 20. HOORS OF NORK. Eight hours of labor during ary one calendar day and forty hours of labor during anyone 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 subeontrac.tor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this contract, shall b~-required, or permitted to work thereon more than' eight hours durin9 anyone calendar d~y and forty hours during anyone calendar week, except, as provided by Section lS15 of the Labor Code of the State of California, 'work performed by employees of contractors in excess of eight hours per day and forty hours during anyone week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is ftlrther expressly stipulated that for each and every violation of Sections 1811-1a15, inclusive, of the' Labor Code of the State of California, all the' provisi9na whereof are deemed to be incorporated, herein, the Contractor shall forfeit, as a penalty totha 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 saie! laborer, worker, or . mechanic is required or permitted to w()rlc more than eight hours in anyone cal.endar 'day and forty hours in anyone calendar week in violation of the provisions of said Sections of the Labor Code. Page 7 ., The contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar tay and each calendar 'week by all laborers, workmen, and mechanics dmployed by him 'in connection with the work contemplated by this Contract, which rec'o.d ,shall be open at all reasonable hOUr!! to the inspection of the city of its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relationa 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 ~scertained the general prevailing rate of per diem wages and rates for holidays and overtIme in the locality in which thia work is to ~ pertormed, for each craft, classification, or type of laborer, wgrkman, or mechanic needed to execute this, Contraet, The prevailing wages so determined are set forth in the Speeifications and made a pert 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 aqainst the city. +776. (al Each contractor and subcontractor shall keep an accurate payroll record, showinq 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 b~ him or her connection with the public work. (bl The certified hours at basis: payroll records enumerated and shall be available for the principal office of under subdivision (al shall be inspection at all reasonable the contractor on the following (1) A certified copy of an employee's payroll record 9hall be made available for inspection or furnished to such employee or h'is or her authorized representative on request. Il) A certified copy of all payroll records enumerated in suodivision (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 (al shall be made available upon requeat to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through, either the body awarding the contract, the Division of, Apprenticeship Standards, or the Division of Labor Standards Enforcemen~. The public shall not be, given access to such records ae the principal office of ~he Contractor. (cl Each contractor shall file ~numerated in subdivision (al with records within ten (lOl days after a certified copy of the records the entity that' requested such receipt of a written request. Page e (d) Any copy of records, made available for inspection as copies anp £urnished upon request to the public or any public agency by the awarding bids, the Divis ion of Apprenticeahip 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. Ie) The Contractor shall inform the body aWarding the contract of the location of the records enumerated under subdivision (a), including the street ad4ress, city and county and shall, within five working days, provide a notice, of a change of location and addresS". If J 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 wriUen notice specifying' in what respects such Contractor must comply with th-is lection. Should noncompliance still be evident after such ten (101 day period, the Contractor shall" as a penalty to bhe state of political subdivision on whoae 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 tne request of the Division of Apprenticeship Standards or the Division of Labor Standa-rds Enforcement, !luch penalties shall be withheld from progress payments then due. Ig) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations" !lh'all fix the responsibUity for compliance with this !lection on the prime contractor. 1h) The director shall adopt. rules consistent with the California public Record!l Act, ICh; 3.5 (commencing with Seotion 625D) of Div. 7, Title 1.-Gov. Ch.) and the Information Pract:ioes Act of 1977, (Title 1.8 (oommencing with Sec. ,17991 Pt •• , Di'l. J, civ. C.l governing the release of !luch records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by StatS. 1978, eh. 12.91. 1775.S Nothing-in this chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall ,be paid the apprentices under the regulations of the craft is employed, and shall be employed only at the trade to which he is registered. , Page 9 standard wage paid to or trade at which he work ~f the craft or = ", Only apprentices, as defined in Section 3077, who are in traininq under apprenticeship standards and written apprentice aqreements under chapter 4 (commencinq with section 3070), Division 3, of the Labor code, aree'liqible to be employed on public works. The employment and traininq, of each apprentice Shall be in accordance with the provisions of the apprenticeship standards and apprentice aqreements under which he is traininq. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performinq any of the wor~ under the contract or subcontract. employs workmen in any, apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administerinq the apprenticeship standards of the craft or trade In the area of the site 'or tbe public wor~ for a certificate approvinq the Contractor or subcontractor under the apprenticeship standards for the employment; and, trainin~ of apprenticeships in the area or industry affected, provided. however, that the approval as established by the joint apprenticeship committee or committees shall be lubject to the approval of, the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approvinq the subject contractor or subcontractor, shall arranqe 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 si te 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 st~ndards. The ratio of apprentices to journeymen who shall be employed in the craft or trade on' the public work may be the ratio ~ipulated 'in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall ~he ratio be lees than one apprentice for each five journeymen, except as otherwise provided in this section. The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ t~e number of apprentices or the ratio of apprentices to journeymen' stipulated i~ the apprenticeship standards. Upon pr,oper showinq by' the Contractor that he employs apprentices in such cralt or trade In the state on all of this contract on an annual averaqe of not less than, one apprentice' to each five journeymen, the Division of Apprenticeship Standards may qrant a certificate exemptinq the Contractor for the l-to-5 ratio as set forth in this section. This section ahall not apply to contracts of qeneral contractors inv01vinq less than thirty thousand ($ 30,,000 .00) or twenty (20) workinq days or to contracts of specialty contractors not biddinq for work throuqh a qeneral or prime contractor, involving less than two thousand dollars ($2,000.00) or fewer than Hve (S) workinq days. Paqe 10 "Apprenticeable craft or trade," as used in this section, snall 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 have the discretion ,to grant a certificate, which'shall be subject to the approval o'f the Adminhtrator of Apprenticeship, exempting a contractor from the I-to-5 ratio set forth in this section When it linda that anyone ol the lollowing conditions are metl (a) In the event unemployment for the previous three month period in such ar~a exceedS an average ol 15 percent, or (bl In the event the number of apprentioes in training in such area eXgeeds a ratio of l~to-S, or (0) If there is a showing that the apprentioeable cralt or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (lIon a statewide basis, or 121 on a looal basis. ' Idl Il assignment ol an app~entioe to any work perlormed under a public works contract would oreate a condition which would jeopardiZe his lile or the life, safety, or property ol fellow employees of the public 'at large il the speoilic task to Which the apprentice . When suoh exemptions are granted to an organization whioh' represents contraotors in a speoific trade from the 1 to 5 ratio on a looal or statewide bash the me mb.e r contractors will not be required to submit individual applications for approval to looal joint apprenticeship oommittees, provided they are already covered by the local apprentioeship standards. A oontraotor to whom the oontract is awarded, or any subcontraotor under him, who, in performing any ol tbe work. under th-e ,oontraot, employs journeymen, or apprentices in any apprentioeable craft or trade and who is not contributing to a fund or lunds to administer and conduot the apprentioeship program in any, such craft or trade in the area ol the site of the publio work, to wbioh fund or lunds other oontraotors in the area of the site of the publio work are oontributing, shall contribute to the fund or funds in eaoh oralt or trade in which be employs journeymen or apprentioes 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 aocept such funds, contractors not signatory to the trust agreement shall pay a like amount to the calilornia Apprenticeship Council. The contractor ,or subcontraotor may add the amount of such contributions in computing his bid for the contract. The Division of tabo~'Standards Enforcement is authorized to enforce the payment' bl lueh"c!dntrlbutiona to the fund or funds as set forth in Section 227. -' , " ... Page 11 .. ~ The body awardin9 the contract shall cause to be Insereed ,in the coneract stipUlations to effectuate thls seceion. Such stipUlations shall fix the responsibility of compliance with this section for ,all apl'renticeable occupations wieh ehe prime contractor. All decisions of ,the :Joint apprenticuhip cOl\llllieeee under this seceion are subject to the l'rovisions of Section jOS1., (Amended by Seaes. 1976, ch. 1179) 1777.6 It shall be unlawful for anamployer of a lab9r union to refuse eo accept otherwise qualified employ.es as reqistered apprenti'cell on any public works, on the qround of the race, reli9ious creed, color, national ori9!n, IInCesery" sex, ,or aqe, except as provided in Section 3077, of such employee. (Amended by stat. 1976, Ch. 1179) , 1777.7 (a) In ehe event a contractor willfully fails to comply with the provisions of section 1777.5, such contractor ahalll (1) Be denied the riqhe eo bid on any public period of one year from the date the noncompliance ,is lIIade by ehe Adminiserator of works coneract for a deeermination of ~prenticeship, and (21 Forteie as a clvil penalty in the sum of flfey dollars (SSO.OOI for each calendar day of noncompliance. Noehwithstandinq the provisioni of Seceion 1727, upon receil'e of such a determination ehe awardinq body shall withhold from coneract proqress paymenes ehen due or to become due sucb sum. t b) Any' such ' de ter'lllination shall be issued afear a full investiqation, a fair and impartial hearinq, and reasonable .notice thereof in accordance with reasonable ~les and procedures p:escribed by the California Apprenticeship council. _ Icl Any "funds withheld by the awardinq body pursuant to this lection shall ,be deposited in the qeneral fund if the awarding body is a state entity, or in the e~uivalent fund of an awardin9 body if such awardinq body is an entity other than the seaee. The interpretatlon and enforcement of Sections 1777.5 and 1777.7 shall be' in accordance' wieh ehe rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch. 12491 I.t sh'all be mandatory upon the contractor, ,and upon any ,subcontractor under him, to pay not less than the said specified rates to all laborers, vorltme:1, and mechanics Q1IIployed in the execution of the Contract. It is further expressly stipulated that the,Contraceor shall, as a penalty to the City, forfeit twenty-five ,', dollari '($:1.5.001 for each calendar day,' or portion ehereof, for ,.;':: !tAch labo,rer I 'Workman, or mechanic paid less I:.han the stipulated i:;,~tl1'ayU1in~ rates £01' any 'Work done under this Contract by him,or by ,.iii',:: ant .i1:lbeonthctor under 'Work done under this Con trace by him or by -:."!~':' 4t1y IlUbc:ontractor under him, and contractor aqrees 1:.0 comply 'With .... 411 provisions of Section 1775 of the Labor Code. Paqe 12 Incase it' becomes necessary for the Contractor or any sUbcontractor to employ on the project under this contract, any person in a trade or. occupa\:ion (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 pre.vailing rate for such addltional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be appUcable 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 d~te 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 a.cceptance of completion of such Contract as evidenced by resolution of its governing body; or, if such notice be not so recorded within ien days, until the expiration of ninety-five (95) days after the acceptance of completion of such work of improvement as evidenced by resolution of its governing body, at which. time and not before, the City shall pay to the contractor the whole of the remaining ten percent (10') of said contract price so held pack as provided, said certificates to be furnish'ed 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 statemen.t of the defects, i.f any, to be remedi ed, to enti tle the Con tractor to the certH ica te of completion. In e'vent 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 (101 days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are no.t furnished within ten nO) 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 wr.iting shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and apP.roval of the ci ty, and subject to whatever inspection and approval may be required by law. 24, PROTECTJ;ON 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 s.uch utilities on the construction site can be inferred from the presence of such visible facilities as ·building.s, 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 pAr forming the Contract discovers utility facilities not. identified by theCi~y 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 THB WOR~. 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 damsge to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effectsl earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or ;ere 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, aamage, expense or liability for any loss or damage that may happen to ssid building, work, or equipment or any part· thereof, or in, Page 14 . ". -,., ,. " . ... on, or about the same during its construction and acceptance. before' 26. CONTRACTOR'S GUARANTEE. The ContractoF ,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 ia 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 caae 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 thiaContract by .the City, the Contractor' will forthwith remedy such defecta 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 descr.tbed and hereby contracted to be done and performed, he shall become l1ab,le to the City for liquidated damages in the sum of for each and every working day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage, and the amount of liquidated damages may be deducted by the city from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any exeesa. '"'29., AOOITIONAL PROVISIONS. None Page 15 f I STATE OF CALIFORNIA Santa Clara 5S. COUNTYOF ......................... . 'i'hl3 doo:llIIIOnt 15 ontt 3 QIltIIMll Jolin wfti! rMt be proper fer \ISO In ~ ~and In no..,ectt..01 b: IrtendrodtDact. M a ~ 1Qf,. On this ... 2.~:>t;. .......... day of .. :J~e ........................... in the year . ..... .1988 .......................................................... beforeme. . ..... Lynn .J .•. Bauex ................• II Notary Public. State of California. d ) ). d d II'd GeorNe A. Brilla u y lcense an sworn, persona yappeare ....... ;:J,., ...................... . ............ , ................................................................... , personally known to me (or proved to me on the basis of satisfa~tory evidence) to he the person who executed the within instrument as .. ~~.~~~t;. ........ . or on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by·laws or a resolution of its board of directors. IN WITNESS WHE~OF f. have hereunto set my hand an;i affixed my official seal in the .. ~.l: .... ~ ... ~~. :!~~ .. County of ~~~ . ~. ~~ ... e date set fa h above in this certificate. ildItb:J I,lf oI!I"! 1IfIOr1Wly. TIWl prinI .. doo:JltctJMk,) I'ItlywMal'l!'yQllNw~f1( ir/Ipkt,Iduulho tooMdlGtyof any pmvIsIoII'I 01 'Iho ~ ala-bl!IS In any splIICd'!I:~ Cowdery's Form No. 26 -Acknowledgement to Notary Public - Corporation (C. C. Sees. 1190·1190.1) -(Rev. 1163) No ry Public. State of California My commission expires JUne 29, 1990 , ' 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 city Attorney Ch'ZN Date/City Clerki l"C:-- CONTRACTOR I G • A • B • " Notary acknowledgment required. If A corporation/ corporate eeal and corporato notary . acknowledgment required. ~.,>{f-, 'PRESIDENT project. Nallle and Number I. TRAFFIC SIGNAL DETECTOR INSTALLATION ON VARIOUS STREETS AT VARIOUS INTERSECTIONS, PROJECT 110-996-733 Contractors Nallle. G.A.B. CONSTRUCTION, INC.: 670 Coleman Ave., San Jose, CA 95110 Contract Amountl TWENTY~tWO THOUSAND AND 00/100 DOLLARS ($22.000.00) CClnt:z.i:I~., Account Number I, 1l0-996-733' Page 16 ." PROPOSAl, TO THE DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA. 95014 EXHIBIT A G.A:B. CONSTRUCTION, INC. In compliance with the Plans, Specifications and/or special Provisions for the constructing to completion the TRAFFIC SIGNAL DETECTOR INSTALLATION ON VARIOUS STREETS AT VARIOUS INTERSECTIONS, PROJECT 110-996-733; I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above dqcuments. 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 del.ete the al!1ount 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 DETECTOR INSTALI,ATION ON VARIOUS STREETS AT VARIOUS INTERSECTIONS, PROJECT ~~O-996-733 as described in tile 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 proj ect shall be as outlined on the following pages. Proposal Page 1 "/" ", ' PROPOSAL(Continued) ~ FOR COMPLETION 1. The traffic signal detector installations will be complete BID and operating on or before ::S-u:-l'E... (7 , 1938. The actual dates for completion shall be the dates set forth above plus the nUl1lber of calendar days between the bid opening and the date the contract is executed by all parties. The Contractor shall diligently prosecute the work to acceptance by the city before the actual dates for completion as set forth above. The contractor shall pay to the City of cupertino Liquidated Damages, as set forth in the Special Provisions, for each and every calendar day's delay beyond the dates established in this proposal for each and every portion of the completion process. ESTIMATED QUANITIES ITEM EST.QTY. UNIT UNIT PRICE TOTAL 1. 1 2. 17 3. 1 4. 8 Each Install Type 4DAP Inductive Loop Detector: -=========~ ~ ~5~!<~Vb.l~~Fhl~"';~.D~I'l1<~D~===:;::'" (jl~ Dollars per Each Each Install Type 3DAP Inductive Loop Detector: ====-==-::::..-r§J~~ . Dollars per Each Each Install Type 4A Inductive Loop Detector:~==========::::::::~ @~ Dollars per Each Each Install Type 3A InductiVe Loop Detector: --===========:::~ proposal Page :2 ~ & 1;= ,;=-, $~/Ea~ ~/: " . (~ROPOSAL(COntinUed) . BID ITEM EST.QTY. ~ ESTIMATED QUANITIES ITEM 5. 3 6. 2 Each Install Type 2A Inductive Loop Detector: ~ "5~ ~~J)~ [Y ~DMtr Dollars per Each Each Install Type lA Inductive Loop Detector: UNIT PRICE TOTAL 6 @~-"" C;QO-. 7. - Dollars per Each ~ 6 Each Install 4'xlO' Quadrupole Type Inductive Loop Detector: - I, the undersigned agree that if this proposal is accepted 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 confl~' ~o construction schedules occur. -;:; Attached hereto is the ~gertified chec~ bid bond or surety in the .amount of $ , • 2 . .2ao 7'"" , which amount . " represents ten percent(lO%) of the totall amount of. the bid, as" required by law and the notice to bidders. Proposal page 3 PROPOSAL (continued) BIDDER 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 o·f this information is hereby guaranteed. My organization has been in business under its present name for k years. Our experience in proposed contract is current business name. work comparable with that required by the "'"JY-l"",r.-y years operating under our Our experience in .work comparable with that required by the proposed contract is -r-w~T)' years operating under the business name Our California Contractor I s License NUlllber is 4702$ The classification of this License is 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 gi Work and for Whom p~rfOrmed Amount ----------------------------~-,---- proposal page 4 PROPOSAL(Continued) SUB-CONTACTORS IQEH 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 Address \ Work to be Performed \ 2. Name . Addre ss / Work to be Performed / 3. Name Addre ss \ Work to be Performed 4. Name . . Addre ss \ Work to be Performed 5. Name Addre ss / Work to be Performed 6. Name Addre ss Work to be Performed \ 7. Name Address Work to be Performed Proposal Page 5 PROPOSAL (Continued) SIGNATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP, STA~E 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. CORPORATION TYPE OF BUSINESS >< (u <"'+£0 p-tl:;:..". ') CO-PARTNERSHIP: ______________________________________________ __ INDIVIDUAL JOINT VENTURE OTHER (Describe) Name and Signature of Bidder: ~,~,1S, c:o~ G,u.1;!...I::.E. \S1't-.t: 1,..;..,,>-f'~,;.s=~...l." ~wU.(t. c;.&.f2,..oo... ~i!.ru.." -Vu..\:.. r(t.(:.<,;, SeL~Th~y (Print Date:~ __ _=~~~~~~ ______________ __ Address(mailing & location) : __ ~~~7~o __ ~C~o~~~~~~~~~~j\~v~~~t ____ ___ SAN ]:..s-e! Ce.... 15110 7 Telephone Number Acknowledge Addenda Recieved by circling the addendum number . 1 2 3 4 5 6 7 8 9 10 Proposal Page 6 " • 1988 CAPITAL INPRO'lE.."!ENT 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 b'.arch 25 April 8 April 22 Hay 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 ." .. " , ," • STATE OF CALIFORNIA Santa Clara COUNTYOF ................... .. 58. On this .... ?1"'~ ........ day of. ..... J~ .............. "" .... ,in the year . .... , .. , ..... 1988 .. , ....... ' .......................... , ........... ,before me, . ...... Lynn. J •. .Bauer ................ , a Notary Public, State of California, duly licensed and sworn, personally appeared George. A.· .BJ;illa ....... ··· .... , .......... " ...... ".,., ... , ........ , ................................. ,. ... , personally known to me (or proved to me on the basis of saFffactp~vidence) to be the person who executed the within instrument as ...... ~:>:': .... :=: ...... . or on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to ita by-laws or a 'resolution of its board of directors. IN WITNESS WHEREOF I hsve hereunto set my hand and affixed my official seal in the .... C;:~1;:y' .~:f. .~?;I). •. .:r~~, County of .. ~1;f\ . C;;49;? • ilqdo:.culr'.entl~OlI!yagene<eltotm.hid1tTlafbeprQpe.'ft>I<J$OiI\$!mpIe •••••• , •••• , , •• , •• , •• , •• , •••• ~. ,~on the date set forth above in this certificate. ~ oj an af'.m(t(f1. Th$ pn'llatdoos rKlll!\lllte any wattamyaIIOOr ~O" or 1,'TIj)!iE<lu:o !110M/) ~~'lIonu'llfll)'fldS,(Jf"If4i!f'dod!Dat1.a!I&~'tl:tforCho ~ ~ 1ogaJva.lidi:y()!lII'tY~crthfJsl.IhabiIi':yd~1oons1"any~~ &Jotary Public? S ate of California Cowdery'. Form No. 28 -Acknowledgement to Notary Public -June 29 1990 Corporation (C. C. s.c •. 1190·1190.1) -(Rev. 1183) My commission expires ____ ~ __ ' ______ _ ~ '" <l: "- J !'i; >-.... ~ .... '" LU :i: w t!l 0 w ..J So 0 z ~ (,) « >-.... til 0: ::l tI) " State of California }ss: County of SANTA CLARA On this 21st day of June in the year one thousand nine hundred and e1!!hty-eight , before me, Tammy J. 1)' An tOflio , a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared 8+1 en Lombard i • known to me to be the duly authorized Attorney-in-fact of theTransamerica Insurance Co • and the same person whose name is subscribed to the within instrumenr as the Attorney·in-fact of said Company, and the said Allen Lombardi duly acknowledged to me that he sub· scribed the name of the Transamerica Insurance Company thereto as Surety and his own name as Attorney· in· fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in thi, Certificate first ,~~/Jilt~~' , above written. My Commission 1989 8/11/89 BD-1410 EO.61?6 • I , , ,~ , EXECUTED IN DUPLICATE PREMIUM $ 182.00 BOND NO. 5262-15-57 FAITHFUL PERFO~~CE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, G.A.B. CONSTRUCTION INC. IlS Principal and TRANSAME~R,:,I~C~A;-.;IN.!:!S7U::.!RA~N:!:C:=:E~. C7'.O~MP!'.!:A~NY","=_~-:-_.."..,..~_-::-."...,,..,..,_..,.. as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of TWENTY-TWO THOUSAND AND 00/100 'Dollars ($ 22,000.00 ) l~ful money of the United States. for the payment of vhich viII and truly to be'made, ve bind ourselves. our heirs. executors, successors and assigns, jointly and severally, firmly by these presents. IRE CONDITION of the above obligation is such t~t. WHEREAS, the Principal has entered into a contract dated _________ _ with the Obligee to do and perform the folloving work to-wit: Traffic Signal Detector Installation on Various Streets at Various Intersections, Project 110-996-733 , , NOW, THEREFORE, if the said Principal shall veIl and truly perform the vork contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect • IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 21st day of _~J,!,!u!!.ne~ _____ ,. 19...!!.L. (To be signed by Principal and Surety and acknowledgment,) By: Surety 0 '11 ", /J '. ~~J Attorney-in-Fact Allen Lombardi, The above bond is acce(lted and approved this ___ ,day of __ -'-____ , 19_, ''', , ~'F TranSameno8 • '111111-Insurance Services Tral1samerica Insurance Company A Stock Company I Home Office: Los Angeles. California .' KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, consti- tute and appoint ALLi::N LOMBARDI, DAVID ELLIS AND JOHN LOUG;fRAN its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf on the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, rncognizances or other written obligations in the naturn thernof, as follows: and to bind TRANSAMERrCA INSURANCE C'OMPANY therebY, and all of the acts of said Attorney(s).in-Fact, pursuant to these prnsents, are hereby ratified and confinmed. This appointment is mlKle under and by authority of the following by-laws of the Company which by-laws are now in full force and effect. . ARTICLE VII SECTION 30. All pOlicies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endolliements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surel,Y and co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney-in-Fact authorized to so sign by [i) the Board of Directors, (iii the President, (iii) and Vice President, or (iv) any other pellion empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that aU policies of insurance shall also bear the signatu re of a Secretary •. which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signaturn of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed. by a facsimile under and by the authority of the following resolution adopted by the Board 01 Directors of the Company at a meeti{lg duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By·laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execu- tion of any bond undertaking, recogniZance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to hereunto affixed this 3rd day of NOVEMBER ,19 87 ) ss ) By ~~-- UH_ Tanner, Vice President 3rd day of NOVEMBER .19 87 ,before me Hazel Yamasawa. a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared J.H_ Tanner personally known to me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COM· PANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation_ ~"",,III'!'WM1Im1ll~MM!!!ft11ItIoPIffIt1_tll--""lII. _ • OFFrCIAL SEAL HAZEL YAMASAWA I ~ "" .. ,"".·a"~.",. . PRINCIPAL O~Frc£ IN " .~ lOS ANGELES COUNTY My CommissIon Expires Sep~. 30. 1988 _llIIImnlll»lbtll_nu_UIWJIIU!IIUU<l!llmllnmOOttulllfIIIOollllllUlln Hazel Yamasawa, Notary Public in and for the County of Los Angeles, California '- " I. W.G. Freeman. Assistant Vice President 01 Transamerica Insurance Company. do hereby certify that the Power of Attorpey herein belore set forth is a true and exact copy and is still in farce. and further certify that Section 30 of Article VII of the By· Laws of tha Company and the Resolution althe Board of Oirectofli, set forth in said Power of Attorney are still in lorce. In testimony whereof I hilVe hereunto subscribed my name and affixed the seal 01 the said Company this 21st day of June ,19 88 • W.6. Freeman, Assistant Vice President I • I , , LAIlOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: 1$J(I$CU'!I$J) IN J)UPLICATE PREMIUM INCLUDED BOND NO. 5262-15-57 WHEREAS. the City of Cupertino, State of California, an~ G.A.B. CONSTRUCTION, INC. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation. construction. and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal. or any of his or its sub- contractors, shall fail to pay for any materials. provisions. provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done. or for any work or labor done thereon of any kind, the Surety on sdd bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal. and ~ _____ --' ______ ~ TRANSAMERICA INSURAN~_E COMPANY as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the 'City of Cupertino. and any and all materialmen, persons, companies. or corporations furnishing materials. provisions. provender or other supplies used in. upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned. and incorporated herein by reference, and all persons, companies or corpor~tions lending or hiring teams. implements or machinery, for or contributing to said work to be done, and all'persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid-by Principal or by any other person, in the just and full sum of TWENTY-TWO .. THOUSAND AND 00/100 DOLLARS __________________ {$ 22.000.00 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors. heirs. executors, administrators, successors or assigns, shall fail to pay for any materials, proviSions. provender or other supplies or teams used in. upon. for or about the performance of the work contracted to be done, or fo!: 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 cou!:t. ",', This bond shall inure to the benefit of any arid 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 thei!: assigns in any suit brought upon this bond. STATE OF CALIFORNIA Santa Clara ss. COUNTYOF ......................... . r.·~-~O::;Fl;t.'I'J'iClA~L":S~E"'i\L'f""''''''"!t .' • LYNN J. BAUER * NOTARY PUSUC' CAUFORNIA ~ '" -SIINTA CLARA CQUNTI ~ MyCOII',m. e.1!pi,,, June 29, !9?O ThhU$clC.lIl1'lMt 1$ only a gencl'l)ltO!1'lt .. hid! may boa plOpCt lot lise In $\m:N) tr~ 1'I/'d1ll11O-.q~. or Ii -lflle!>dOOlO~ a'!II ~ 10I1tI(l On this ......... 2.~:;;.t .... day of .... J.~!,,?, .. , ..... , ..... , ..... , ..• in the year '+~.!~!'l ................ , ................ , ..................... ' , ......• before me. . .LyP,!).. J •.. BqU€;~., ....... "" .. , ...... a Notary Public. State of California, duly licensed and sworn. personally appeared. GaO:t:ge, A. .. B:r: illa, ....... . , .......... , .... , .. ,. .......... , .............. ,., ............. , ........ , ....... " personally known to me (or proved to me on the basis of satisfaFtory evidence) to be the person who executed the within instrument as , .J?!::~!3J,~.~. , ., ..... or on behalf of the corporation therein named and acknowledged to me that such corporation executad the within instrument pursuant to its by·laws or a resolution of its board of directors. IN WITNESS WHEREOF 1 have hereunto set my hand an~ aftIxed my official seal in the .. C:~1::::.:.?. ,S.~. ,J?:".e., Countyof.~?!?-~.~. ~~ ... . .. .. " , ....... " ......... , ." ..• on the da setforth above in this certificate. ruMoo (If 1111~. The prirdC!' dooa not JMl(& anrwillHlIllyil'ltlor &i<pres5ur'mp!iod as 10 lim logit.lvaMIV of c.rrt provisiotI 01 Ill'l $~ of ~ /orrM !riP",), ~ 1raIl~ 1 Cowdery'S Form No. 28 -Acknowledgement to Notary Public - Corporation (C. C. Sees. 1190,1190.1) -(Rev. 1183) Notary Public, State of California My commission expires June 29 , 1990 i= u <t <L Z , >-I--I--S I--Z w ::;; w <.::> Cl w ..J ?; 0 Z " <.) <t >-I--w a: ::l (I) State of l:alifornia }SS: County of SANTA CLARA On this 21st day of June in the year one thousand nine hundred and e!ghty-eight • before me. Tammy J. D'Antonio . a Notary Public in and for said County and State, residing therein. duly commissioned and $Worn, personally appeared Allen Lombardi • known to me to be the duly authorized Attorney-in-fact of theTransamerica Insurance Co. and the same person whose name is subscribed to the within instrument as the Attorney·in~fact of said Company. and the said Allen Lombardi duly acknowledged to me that he sub- scribed the name of the Transamerica Insurance Company thereto as Surety and his own name as Attorney- in-fact. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. . • TAMtW'.ra';~tI10 . .;jl "oTARV PUBLlc-cAUFORIIIA My Commission E "SAIlTA CLAM COUllTY 8/11/89 MY. • EXP. AUG. 11.1989 County. State of alifornia 8D-1410 ED. 6176 • Labor and Material Bond Page 2 I 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 ir.strument has been duly executed by the Principal and Surety this 21s'E day of June , 19 88 '. (To be signed by Principal and Surety. Notary acknowledgments required.) TRANSAMERICA INSlffiANCE COMPANY Surety By. Ott /LJ. Attorney-in-Fact Allen Lombardi The above bond is accepted and approved this ________ ,day of 19 • 6/11/85 . ' . . Tral1samerica Insurance Company A Sloe! Company I Home Olilee: Los Angolo •. Caillorni • . Power 01 Attorney KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, consti- tute and appoint ALLZN LONBARDI, DAVID ELLIS AND JOHN LOUGHRAN its true and lawful Attorney(s)-in·Fact, with full power and authority, lor and on behalf on the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, rllcognizances or other written obligations in the nature thereof, as follows; and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attorney [sl-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full fOfte and effect. ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance. cover notes, recognizances, contracts of indemnity, endorllements, stipulations, waiverll, consents of sureties, re-insurance acceptances or agreements, surety and co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney-in-Fact authorized to so sign by (iJ the Board of Directors, (iiI the President, (iii) and Vice President, or (iv) any other perllon empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary •. which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto_ This Power of Attorney is signed and Sl!aled. by a facsimile under and by the authority of the following resolution adopted by the Board of Director.; of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any power of attorney or speCial power of attorney or certification of either given for the execu- tion of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature and !eal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." IN WITNESS WHEREOF. TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to hereunto affixed this 3ed day of NOVEMBER ,19 87 By ~~---- U'H. Tanner. Vice President State of California ) ss County of J On this Jrd day of NOVEMBER , 19 87 ,before me Hazel Yamasawa, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn. personally appeared J.H. Tanner personally known to me lor proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COM- PANY the corporation whose name is affixed to the foregOing instrument; and duly acknowledged to me that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority. and acknowledges same to be the act and deed 01 said corporation. r;;"' ..................... -_~." __ M_ ... ~ _ • OFFICIAL SEAL -HAZEL YAMASAWA !~" . : NOTARY PUBLIC-CALI~ORNIA ~ PRINCIPAL OF'FICE IN ,,~.. LOS ANG£LES COUNTY • My Commission Exp;,e. Sept. 30. 1988 j _IOOIl_,MImI'IU""U"", .. , ... ,t!II.....,.IWI,nu_mll'I>I\II<otIUU.",ii Hazel Yamasawa, Notary Public in and for the County of Los Angeles. California '. '. I, W.G. Freeman, Assistant Vice President of Transamerica Insurance Company, do hereby certify that the Power of Attorpey herein before set forth is a true and exact copy and is still in force, and further certify that Section 30 of Article VII of the By· Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 21st day of June ,19 88 . . ~1r~l~ W.G. Freeman, Assistant Vice President ¢. WYNNE )858-237~j GAB CON~TRUCTION, INC. 670 COLEMAN AVENUE SAN ,JOSE J CA TYPE QF1NSURANCE GENERAL 't4~~03 POLICY NUMBER (4 ~ COMPREHENSIVE fORM CO::j2~j242C;CCf~ [l} PREMISES-OPERATIONS [1] EXPlOSION AND CQLLAPSE , HAZARD 12) UNDERGROUND HAZARa o f'ROOUCTs/cOWPlETEO OPERATIONS HAZAR{) [!j CONTRACTUAl. INSURANCE 12) BROAD FORM PROPERTY :JAMAGE []] INDCPENDENT CONTRACTORS [3 PERSONAL INJURY AUTOMOBILE B o COMPFlEJ..IENSrvE FORM l3M08??09--00 Ql ow.w '0 HIRE!) ~ NON{)WNtO UMBRElJ..A FORM OTHER THAN UMBRELLA fORM WORKERS' COMPENSATION C and PC990!5129 EMPLOYERS' LIABILITY OF OPERATIONS/lOCAf!ONSNEHICLES COMPANIES AFFORDING COVERAGES COMPANY A tETTER AF.TN(.) C ~< S COMPANY tETTER B NCE CO. COMPANY C ltITCR REPUBL I C COMPANY 0 tETTER COMPANY E LmER POUC\' EXPIRATION DATE 0'1/05/87 09/05/88 09 /O~J/8"? 09/0::;/88 10/01188 BODilY INJURY PROPERTY DAMAGE • • BODILY lNJURY AND PROP[ifTV DAMAGE S COMBINED PERSONAL INJURY BODilY INJURY $ (EACH PERSON) BODilY INJURY S (EACH ACCICEN!) $ BOOll. Y INJURY AND PROPERTY DAMAGE • COMBINffi 1. J OO() • :.:>. I 000 S ALL OPERATIONS OF NAMED INSURED AS COVERED BY POLICY AND.ALL ENDORSEMENTS THERETn AS REPEGTS TRAFFIC SIGNAL DETECTOR INSTALLATION)PROJECT 0110-996-733; PRICES 22 . IT Cancellation: Should any of the above described poliCies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail =~O days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS or CERTIFICATE IiOLDER: CITY OF CUPERTINO 10300 ·rORRE AVENUE PROJEC1· 110-996-733 CUI"EF(T I NO I CA DATE 115$ll."'-"'='-==-"'''-,,...,,-____ " ____ _ , .,' This endorumcnt Is p~rt ollhc attached policy:" is eflecfive from the s.lart 01 Ihe policy term unless staled below. (Completel:x:low when ·":!dded after policy issuance.) Effective date 6/21/88 Polity N(' CO 5252429 CCA , Endorumenl No. TBD Named Insured G.A. B. CONSTRUCTION INC Additional Premium Ir !udcd .- Counlersigned by ~~~=rr.:r.!?';~~::d=:';:;I.:--- CONTRACTORS LIABILITY "OllCY ADD[TIONAl INSURED (OWNERS OR CONTRACTORS) flame of Additional Insured: CITY OF CUPERTINO,ITS OFFICERS, EMPLOYEES, AND AGENTS WE agree with YOU that the person or organizatIon shown above is an insured for work performed by or for YOU.for this person or or~anization. WE will. also insure the acts or omissions of thIs person or organizatIon for general supervision of this '\Iork. Job descriptIon TRAFFIS SIGNAL DETECTOR INSTALLATION Job' 110-996-733 Cost 22,000. ---------------------------- JlDDITIOllAt. pnOVISlml: SUBJECT TO ALL OTllER TimMS AND PROVISION Oll TilE POLICY, SUCH INSURANCE AS PROVIDED BY Tilts ENDORSEMENT SHALL BE DEENED PRUIARY, BUT ONLY WITH RESPECTS TO WORK PERFORMED BY OR FOR TIlE NAMED INSURED IN CONNECTION WITH THE ABOVE DESCIlIllED CONTRACT AND 11IAT SUCH OTHER INSURANCE OF TIm ADDITIONAL NMIED INSURED SHALL BE EXCESS INSURANCE ONLY. '. .