Loading...
88-041 Collishaw Construction, Inc., Traffic Signal Modification Project No. 4024, Pruneridge & Wolfe10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 DEPARTMENTOfTHE CI1YClERK' July 5, 1988 Collishaw Construction, Inc. 1125 Mabury Road San Jose, CA. 95133 P.O. Box SBO Cupertino, California 95015 'mAFFIC SIGNAL MODIFICl'ION AND S'mEEl' D!PROVEMENTS -PRJ:JNERIl::GE AVENlJE AND l\\JU'E .ROAD P.ROJECI' 4024 . . We are enclosing to you one (1) copy of the Contract for Public Works between the City of CUpertino am Copllishaw Construction, Inc., which has been fully executed .b'.f city Officials. Awa:rd of your contract ,-as apprcr.,red at the regular City CoUncil meeting of June 6, 1988 We are also enclosing your bid boOO. Cfl'i CLERK Cfl'i OFOJPERL'WO 08/60 encl. co: Daparbnent of Public Works CONTRAc'r FOR PUBLIC WORKS CONTRACT made on ,July 7, 1988 by the CITY OF CUPERTINO, a municipal corporation of the state of California, hereinafter called the CITY, and COLLISHAW CONSTRUCTION, INC. ,hereinafter called the CONTRACTOR. IT IS HEREBY AGREED by the parties as followsl 1. THE CONTRACT DOCUMENTS. The complete contract' consists of the following contract documentsl A' Plans and Specifications for TRAFFIC SIGNAL MODIFICATION AND STREET IMPROVEMENTS AT PRUNERIDGE AVENUE AND WOLFE ROAD, PROJECT 4024. B. Faithful ,Performance Bond, Labor and Materials Bond, Insurance. Certificate C. This Contract D. Bid proposal refer·red to as Exhibi t A Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. 'All of the above documents are in tent3ed to cooperate so t.hat any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Conl:.rac·t Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of I:.he tools, equipment, apparatus, facilities" labor, transportation, and' material necessary to perform. and complete in a good and workmanl ike manner, I:.he work of Traffic Signal Modification and Street Improvements. as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by: Mr. Bert J. Viskovlch, Director of Public Works and adopted ,by the Ci ty, which Plans and Specifications are entitled, respectively, TRAFFIC SIGNAL MPDIFICATION AND STREET IMPROVEMENTS AT PRUNERIDGE AVENUE AND WOLFE ROAD, PROJECT 4024 Page 1 " . , ... and which plans and Specifications are identified by the signatures of the parties to this Contract. !t is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J. Viskovich, Director of Public works. . 3. CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of: ONE HUNDRED FORTY-SEVEN THOUSAND ONE HUNDRED NINETY-NINE AND 00/100 DOLLARS ($147,199.00) subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4. DISPUTES PERTAINLIIlG TO PAYMENT E'OR wORK. Should any dispute arise respecting the true value of the work done, or any work omi'tted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, ot in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor sball, at his expense, obtain all, necessary permits and licenses, easements, e~c., for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety, 6. INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops Wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at,the Contractor's expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, Page 2 I deviations, additions or omissions irom the .Specifications or plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amoullt of the contract price, as the case may be. by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim f~r an addition to the contract sum shall be valid unless so ordered. 6. CHANGES TO MEET ENVlRONMEN'fAL REQUIREMENTS. The City shall have the right to make changes in this contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract.may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the ag'reement of the parties, or ·in accordance wi tb the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract sball be completed: APPROXIMATELY FORTY-FIVE (45) WORKING DAYS If the Contractor shall be delayed in the work by the acts or' neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casual,ties or any causes beyond tbe Contractor' 5 control, or by delay authorized by the City, or by any cause Which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under ,other provisions in the Contract Documents. Page 3 ,. .. 11. INSPECTION AND 'l'ESTING 'Of-MATERIALS. The Con tractor shall notify the Ci ty a SUfficient time in advance of the manufacture or production of materials to be supplied by him Q-nder this Contract, in order that the City may arrange for mill or factory inspection and testing of the,same, if the City requests such notice from the Contractor. 12. TERMHiATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intent~on to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfac,tory arrangemen,ts for corrections thereof be made, the Contract shall, upon the expiration of said ten daYI!I, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the !lurety within fifteen days after the serving upon it of notice of termination does not give the city written notice of its intention to take over and perform the Contract, or does not commence performance t'hereof within thirty days from the date of the serving of !luch notice, the City may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expen~e of the Contractor, and the contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the' City may, without liability for so doing, take possession of, and utilize in completing the work., such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the ,,!ork and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the city may retain under paragraph 21 of this Contract until the final. completion and acceptance of al~ work covered by the Contract, the city may withhold from payment to the Contractor such an amount or amounts as in its judqrnent may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The city may apPlr such withheld amount or amounts to the parment of such claims nits di!lcretion. In so doing, the city I!Ihal be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior 'judicial determination of the claim or claims. With respect to any retention of payment by the City to ensare performance of the Contract, Contractor will be entitled to substitute securities 'as provided in Section 4590 of the California Government Code as more fully described in the City'I!I' Notice to Contractors. 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 eitper by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following mannerl (al if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the united States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certifiedl (bl if the notice is given to the Contrsctor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope. addressed to said Contractor atl 430 MARTIN AVENUE SANTA CLARA, CA 95050 postage prepaid and certified, and (c) if the notice is given to the surety or any other person", either by personal delivery to such surety or other person, or by depositing the sallie in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither thereof, nor moneys due or to become assigned by the Contractor without the the City. the Contract, nor any part due thereunder, may be prior written approval of 16. COMPLIANCE WITH SPECIFICA'rIONS OF MATERIALS. Whenever in the specifications, any material or process is indicated or specified by patent or" proprietary name, or by name of manufacturer, such Specifications must be met by contractor, unless tne City agrees in writing to some other material, process or article offered by Contractor Which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (lOOt' of the contract price as security for the faithful perfol1llance of this contract. The Con tractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100') of the" contract price as securitr for the payment of all persons for furnishing materials, prov sions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for perfol1lling any work or labo; thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this" Contract, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond. Page 5 . , 18. INSURANCE. 'rhe Contractor shall not commence work under tbis Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any sUbcontractor to commence work on bis subcontract, until all similar insurance required of the subcontractor bas been So obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly paragraph 19 hereof. Any policy of insurance required of the Contractor under this Contract sball also contain an endorsement providing that tbirty (30) days' notice must be given in writing to the city of any pending change in the limits of liability or of any cancellation or modifi~ation of the policy. (a) WORKER'S COMPENSATIO~ INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take ,ut and mai~tain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of his employees employed at the site of the project and,in case any work i3 sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Code • • WI am aware of the provisions. of Section 3700 of the Labor Code' which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance wi th the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract,·- (bJ LIABILITY INSURANCE. The ton tractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the contractor, and also excluding what are commonly known as the ·X, C, and u· exclusions (having to do' with blasting, collapse, and underground property damagel, which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as foilowsl Bodily Injury Liability Insurance in an amount not less tban $300.000.00 for injuries, including accidental death, to anY,one person, and subje~t to the same limit for each person, in an amount not less than $500.000.00 on account of one accident, and Page 6 · , property Damage Liability Insurance in an amount not less than $250.000.00. The city and Lts officers and employees, shall be named as additional insureds on any such policie3 of insurance, which shall also contain a provision that the insurance afforded thereby to the city, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 19. HOLD HARMLESS. The Contractor will save, keep, and hold harmless the City and all officers, employees, and'agents thereof from all damages, costs, or expenses, in law or in equity, that may at any ,time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in, on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20. HOURS OF WORK. Eight hours of labor during anyone calendar day and forty hours of l.abor during anyone calendar week shall constitute the maximum hours of service UDon all work done hereunder, and it is expressly stipulated that ~o laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall b~-required or permitted to work thereon more than' eight hours during anyone calendar day and forty hours during anyone calendar week, except, as provided by section 1815 of the Labor Code of the state of California,'work performed by employees of contractors in excess of eight hours per day and forty hours during anyone week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is fUrther expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for' each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontraetor under this Can tract, for each calendar day dur ing which said laborer, worker, or mechanic is required or permitted to work more chan eight hours in anyone calendar day and forty hours iri anyone calendar week in violation of the provisions of said Sections of the Labor Code. 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 d.mp10yed by him in connection with the work contemplated by this Contract. which record ,shall be open at all reasonable hours to the inspection of the city of its officers or agents and to the Division of Labor Law Enforcement of the Oepartment of Industrial Relations of the state of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California. or local law thereto applicable. the city has 'J,scertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in Which this work is to be performed, for each craft, classification, or type of laborer. wprkman. or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract shall consti tute a represen·tation of fact as to the prevailing wage' rates upon which the Con tractor or any subcontractor under him may base any claim against the city. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing' the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each jOllrneyman, apprentice, w.orker, or other employee employed by, him or her connection with the public work. (b) The certified hours at basis: payroll records enumerated under subdivision (a) shall be and shall be available for inspection at' all reasonable the principal office of the Contractor on the following (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on r·equest. (2) A certified copy of all payroll records enumerated in subdivision (al shall be made available for inspection or furnisbed upon,request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the oivision of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (al shall be made available upon request to the public for inspection or cop!es thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards J;:llforcement. The public shall not be given' access to such records at the principal office of the Contractor. (c) Each Contractor 'sha1l file enumerated in subdivision (a) with records within ten (la) days after a certified copy of the records the entity that· requested such receipt of a written request. , . Cd I Any copy of records. made aval lable for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship standardS or the Division of Labor Standards Enforcement shall be marked or obliterated in such' a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (el The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (aI, including the street address, city and county and shall, within five working days, provide"a notice of a change of location and. addresS". (fl In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying' in what respects such Contractor mus t comply wi th th·is section. ShOUld noncompliance still be evident after such ten (101 day period, the Contractor shall" aa a penalty to I:he state of pol! tical subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollara ($25.001 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon ehe request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement~ such penalties shall be withheld from proqress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations ,to effectuate thh section. Such stipulations' shall fix the responsibility for compliance with this section on the prime contractor. lhJ The director shall adopt rules consistent with the california public Records Act, (Ch; 3.5 (commencing with Section 62501 of Div. 7; Title 1. Gov. Ch. I and the Information Pract.icel Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt.. 4, eiv. 3, civ. C.l governing the release of SUch records, including the est.ablishment of reasonable fees to be charged for reprodUcing copiea of records required by this aection. (Added by stats. 1978, Ch, 12491. 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. Every su~h apprentice shall ,be paid the apprentices under the regulationa of the craft is employed, and shall be employed only at the trade to which he is reqistered • • Pag.e 9 st.andard wage paid' to or " trade at which he work of the craft or , . " Only apprentices. as defined in Section 3077. who are 1n training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with section 30701, Division 3, of the 1.al;lor code, are 'eligible to be employed on public works. The employment and training, of each apprentice shall be in accordance wi th the provisions of the appren ticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any, apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and ,training of apprenticeships in the area or industry affected, provided, however, that the approval as established by the joint apprenticeship commfttee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship s~~ndards. The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio ~ipulatedin the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall ~he ratIo be less than one apprentice for each five journeymen, except as otherwise provided in this ~ection. The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ t!te number 'of apprentices or the ratio of apprentices to journeymen' stipulated in the apprenticeship standards. Upon proper showing by' ,the Contractor that he amplorS apprentices in such craft or trade in the state on all of th s contract on an annual average of not less than ,one apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor for the l-to-5 ratio as set forth in this section. This section shall not apply to .corttracts of general contractors involving less than thirty thousand ($30,000.001 or twenty (20) workinq days or to contra~ts of specialty contractors not bidding 'for work through a general or prime contractor, involving less than two thousand dollars ($2,000.00) or fewer than five (5) working days. PagE! 10 " . .. "Apprenticeable craft or trade," as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in' accordance with rules and requlations prescribed by the Apprenticeship council. The joint apprenticeship committee shall have the discretion ,to g'rant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting' a contractor from the l-to-5 ratio set forth in this section When it finds that anyone of the followinq conditions are metl (al In the event unemployment for the previous three month period in such ar~a exceeds an average of 15 percent, or (bl In the event the number of apprentices in training in such area exgeeds a ratio of l-to-5, or (c) If there is a showing that the apprenticeable craft or trade is replacing' at least one-thirtieth of its journeymen annually throug'h apprenticeship training, either (lIon a statewide basis, or (2) on a local bash. ", Id) If assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees of the public'at larg'e if the specific task to which the apprentice' When such exemptions are g'ranted to an organization which' represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. ~ contractor to whom the contract is awarded, or any subcontractor under him, who, in performing' any of the work, under t~e ,eontract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any, such craft or trade in the area of the site of the public work, to wbich fund or funds other contractors in the area of the gite of the public .work, are contributing. shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work· in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators·' are unable to accept such funds, contractors not signatory to the trust ag'reement shall pay a like amount to the California Apprenticeship Council. The contractor or subcon~ractor may add the amount of "such contribudone 1n computing his bid· for the contract. The Division of tabor"Seandards Enforcement ie authorized to enforce the payment of '" il1clr·eont:ribut1ons to the fund or funds as set forth in Section 227. "" . Page 11 , . The body awarding ~he con~rac~ shall cause ~o be inser~ed in ~he con~rac~ stipula~ions ~o effec~ua~e ~his sec~ion. such s~ipula~ions shall fix the responsibili~y of co~liance with this section for ,all spprenticeable occupations with the prime conl:ractor. All decisions of ,~he joint appren~iceship commit~ee under ~his section are subjecl: to the ~rovisions of Section jOal. ,{Amended by Stats. 1976, Ch. 11791 1777.6 It shall be unlawful for an 'employer of a labor union to refuse to accepl: otherwise qualified employees as' regis~ered appren~ice!l on any public works, on the ground of the race, religious creed, color, na~ional origin, ancestry, .ex, or age, except ss provided in Section 3077, of such employee. {Amended by Stal:. 1976, Ch. 11791 1777.7 (a I In !:he eV@ln~ a contrac~or willfully fails to comply with ~he provisions of Sec~ion 1777.5, such contractor shalll , (11 Se denied the right to bid on any pub1ic period of one year from the da~e the noncompliance i~ ~de by I:he Administrator of works contract for a determination of Apprenl:iceship, and (~) Porfeit as a civil penalty in I:he sum of fifty dollars {$SO.OOI for each calendar day of noncompliance. Mol:hvi~ha~anding the provisions of Section 1721, upon receipt of such a de~ermination I:he awarding body shall wil:hhold from contrac~ progresS payment. then due or to become due such sum. (b) Any 'such determination shall be issued after a full inves~igation, a fair and impar~ial hearing, and reasonable ,notice ~hereof in accordance with reasonable rules and procedures p~escribed by tbe California Apprenticeship Council. ~ (cl AnY' funds withheld by I:he awarding body pursuant ~o this Dection shall ,be deposil:ed in I:be general fund if the awarding body is a state en~i~y, or in ~he equivalent fund of an awarding body if such awarding body is an ent.Hy ol:he,r than the st.at... The !nl:erpretation and shall be 'in accordance California Apprenl:iceshlp 1249) enforcemen~ of Sec~ions 1111.5 and 1111.1 wi~h I:he rules and procedures of the Council. (Amended by S~ats. 1978, Ch. I~ shall be manda~ory upon ~he Contractor, and upon any subconl:ractor under him, ~o pay not less ~han t.he said specified rates t.o all laborers, workme~, and mechanics employed in ~he exeeu~ion of the Contrac~. It. i. fur~her expressly .tipula~ed ~hat the,concract.or shall, as a penalty to the City, forfeit. twen~y-five :' dol1&1'1l '{'2S.001 for each calendar day,' or portlon thereof; for .:': each laboter. workman, or mechanic paid less t.han t.he .tipula~ed ~\';iJ~ti!iiJlHllng htes for any work done under t.his conl:ncl: by hi.m or by ,:':.~. aftf: iubt:!ont:rac~or l:inder work done under t:his conl:rac!: by him or by ',·.;;r 1l1y l!Ilil:u:on~rl1c~or under htm, and Contractor agrees t.o comply with , .. "All provisions of Section 1115 of the Labor Code. Page 12 . . , In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or. occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum . wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum .rate thull furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times ~or the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23. PAYMENT. Payment will be made in accordance with the attached payment schedule. The city will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project, during the preceding calendar month, by the Contractor, but the City will retain ten percent (10') of the amount of each of said estimates until the expiration of thirty-five (351 days from the date of recording by the city of notice of acceptance of completion of all work covered by this Gontract, if such notice be recorded within ten days after the acceptance of completion of such Contract·· as evidence.d by resolution of its governing body 1 or, if such notice be not so recorded within ten days, until the expiration of ninety-five (95) days after the acceptance of completfon of such work of improvement as evidenced by resolution of its governing body, at which time and not before, the city shall pay to the Contractor the whole of the remaining ten percent (10') of said contract price So held back as provided, said certificates to be furnished by and obtained from the City's representative shall, before the last Tuesday of each month, deliver said certificates under hand to the City, or in lieu of such certificates, s.hall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of . completion. In event of the failure of the City's representative to furnish and deliver said certificates or any of them or in lieu Paqe 13 • -, thereof, the writing aforesaid, within ten (101 days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished wi.thin ten (10) days thereafter, the same shall become due and payable. In case the city's representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said w~iting shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the city, and subject to whatever inspection and approval may be required by law. 24. PROTECTION OF PUBLIC UTILITIES. The City Shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, If any, located on the site of construction, but only if such public utilities are not identified by the city in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or· other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while ptrforming the Contract discovers utility facilities not identified by the City in t:he Contract plans and Specifications, the service laterals as hereinabove described, he shall immediatelY notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE HORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. REVERTRE):..ESS, ·the Contractor shall, if the insurance premium is a separste bid item, . obtain the insurance to indemnify the City for any dsmage to the work caused by an Act of God. -Acts of God-shall include only the following occurrences or conditions and effectsl earthquakes and tidal waves, when such occurrences or conditions and effects have been prociaillled a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a. proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the city shall not, . in any way or manner, be answerable or Buffet loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part· thereof, or in, Page 14 , . .. on, or about the same durin; its construction and acceptance. before' 26. CONTRACTOR'S GUARANTEE. The Contracto~ ,unqualIfiedly guarantees the firat-class quality of all workmanship and of all materials, apparatua, and equipment used or installed by him or by any subcontractor of supplier in the project which ia the subject of this contract, unless a lesser quality is expressly authorized in the Plans and specifications, in which event the Contractor unqualifiedly guarantees auch lesser qualitYI and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the~ate of acceptance of completion of this Contract by the City, the contractor' will forthwith remedy such defects without cost to the city. . 27. LIQUIDATED DAMAGES. Time shall be of the eSBence of this Contract. If the, Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he ahall become liable to the City for liquidated damages in the aum of for each and every working day during which said work shall remain uncompleted beyond such time for completion or unlawful extensIon thereof, which sum shall be presumed to be the amount of damage thereby sustained by the city since it would be impracticable or extremely difficult to fix the actual damage, and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and hi's sureties shall be 1 iable to the Ci ty any exeesa. "'29.' APDITIONAL PROVISIONS. None Page lS CORPORATE ACKNOWLEDGMENT NO.2<l2 State 01 CaUfornia } -=s::a::.:n:.:ta::....:Cl.aI'::..:..::=.'a=--___ ss. County of 19...1i8., before me, Kathy Fisher the undersigned Notary Public, personally appeared Esther Cottishaw ri:'Gi:'Gi:'Gi:'Gi:'G~Wl1W1W1W1W1W1Wt:;: ~ '. OFFICIAL SEAIl § § KATHY FISHER ~ NOTARY PUBliC· CAlifORNIA i ~ SANTA CLARA COUNTY II 2 My Commission Expire, Aug. 21, 1991 I ="""""""""""""""~IX'J"""""""""""""""""""" lil personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) who'executed the within instrument as PX'esident or on behalf of .the corporation therein • Notary's • . , P.O. No. IN WITNESS WHEREOF, the partiea have ex@cuted this Contract, in duplicate, the day and year first hereinabov@ writt@n. Approved as to form ~ City Attorney Notary acknowledgment required. If & corporation, corporate aeal and corporate notary . CITY OF CUPERTINO Mayor: CHy ""t. ~~~ Date/City Clerkl ~~~ /,". I •• '; C()Y}S'fuc,..71", CONTRACTOR I C f) II 5 ,,~"'-' ':I y1 <... • acknowledgment requir@d • . ,' " project, Name And Number I. TRAFFIC SIGNAL MODIFICATION AND STREET IMPROVEMENTS • AT PRUNERIDGE AVENUE AND WOLFE ROAD, PROJECT 4024 • Contractora Namel COLLISHAW CONSTRUCTION, INC. . '430 MA~TIN AVE., SANTA CLARA, CA 95050 Contract Amountl ONE HUNDRED FORTY-SEVEN THOUSAND ONE HUNDRED NINETY-NINE AND .00(100 DOLLARS ($147,199,00) COnt.radt. Account Number I· 120-5024-953 Page 16 PRODuceR o TED PATRICK CALIFORNIA CASUALTY P.O. BOX M SAN MATEO, CA. 94402 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIRCATE ODES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE ~j!fe~NY ACALIFORNIA CASUALTY INDEMNITY EXCHAJ-lGE ~= ......... ~~~ ....... -~~~~---~~~~~~-1 COMPANY B INSURED LETTER COLLISHAW CONSTRUCTION INC. 1125 MASURY ROAD SAN JOSE, CA. 95133 CCMPANY C LETIER COMPANY D LETTER COMPANY E LETTER COVERAGES >, THIS IS TO CERTIFY THAT POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIRCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUOIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI· TlONS OF SUcH POUOIES. TYPE OF INSURANCE G~NERAL LIABIlITY ClAIMS MADE '--i-=' LtABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON·DWNED AUTOS GARAGE LIABIliTY t.=:;:;-•• UABILITY • OTHER THAN UMBRELLA FORM POLICY NUMBER 2 00 0359 01 88 DESCRIPTION OF OPEAATIONSILOCATIONSIVEHIOLESIAESTRICTIONSISPECIAL ITEMS RE: PRUNERIDGE AND !VOLFE CITY OF CUPERTINO 10300 TORRE AVE. CUPERTINO, CA. 95014 ALL LIMITS IN THOUSANDS EACH OCCURRENce C E R T I F I CAT E 0 FIN SUR A N C E ISSUE DATE: 06/14/88 PRODUCER======================================THIS=CERTIFICATE=Is=isSUED=AS=A=MATTER=OF~INFORM~TioN=oNLY=ANb=CONFERS=== DORSEY6HAZELTINE ~ WYNNE ' NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, P.O. B X 50307 EXTEND OR ALTER THE COVERAGE AFFORD~DBY THE POLICIES BELOW. PALO ALTO CA· COMPANIES AFFORDING COVERAGE ZIf' CODE 94303 -----------------------~--------------- INSURED COLLISHAW CONSTRUCTION 1125 MASURY AVENUE SAN JO~EJ CA ZIP CODE 95133 / ' I COMPANY LETTER A COMPANY LETTER B COMPANY LETTER C COM~ANY LETTER [I COMPANY I.ETTER F AETNA C /, S ~~=~========================================================~~=========================================~~=========~=== COVERAGES . THIS IS TO r.ERTlFY THAl ,'OLIGIES (IF INSURANGE LISTElI ~flOW H~Vr. BEEN r~Sll~D TO THE INEUREDNAMEIi A~OVE FOR THE P[lLlI:Y PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH' RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAiN, THE IIlSIIIWJIT ""n~nED BY THE POll(~IF.S DESCRiBED HER~W IS SU~,IF.C1 TO ALL TilE TERMS, EXCLUSIOi,S, AND CONDITIONS OF SUCH POLICIES. ' -' =======%=~=============================================================~===========~===================~============= POLICY POLiCY CO LTR TYPE OF INSURANCE POLICY NUMaER EFF. DATE" EXP. DATE ALL LIMITS IN THOUSANDS =========================================================================================================:=:=========== I GfI!ERAL LIABILITY . I A/ (X) COMMERCIAL GENERAL LIABILITY C05253195CCA 01/01/8B 01/01/89 I GENERAL AGGREGATE $2,000 ( ) CLAIMS MADE (X) OCCURRENCE I PRODUCT-COMP/OPS AGGREGATE $2,000 I ( ) OWNERS ~ CONTRACTORS PRUTECTIVE PERSONAL /, ADVERTISING INJURY $1,000 ( ) EACH OCCURRENCE $1,000 __ l_~_~ ___________ ~ _____________ " ______ ! ______________________________________ !_~~~!~;~:~~~~~~~~!~~~_~~~~~~~~~~~_!~ __ ~~ IAUTOMOBILE LIABILITY 1 01/01/89 1 CSL AI (X) ANY AUTO I FJ782016CCA 01/01198 , $1,000 ( ) ALL DUNED AUTOS BODILY II/JURY , '( ) SCHEDULED AUTOS / , (PER PERSON) $ (Xl HIRED AUTOS SOnILY INJURY I (X) NOli-OWNED IlUTDS I . I (PER .ACCIDH/T)' $ I ,( ) GARAGE LIABILITY PROPERTY Ie) , DAMAGE $ _~~ ______________ w ___ ~ _______________________________________________________________________________ ~ ________________ _ 1 / I . EACH lEXCESS LIADIl.ITY ·OCCURRENCE AGGRE!iAU, AI (X) UMBRELLA FORH / XS546292 01/01/88 01/01/89 I I ( ) OTHER THAt! IlHBREI.I.A FORM $1,0(>0 H,OOO I I I --~-------------------------------------------------------------------------.---~------~-------------------------------I IWOf~K[RS· WMPENSATIDN I ' ArlD EMPI. UYERS' I.IA~IL.m I OTHEIl I STATUTORY $ (EACH ACCIliENT) I $ (DISEASE-POLICY LIMIT) l !DISEASE-EACH t.MPLOYEE) I I ,I ------------------------------------------~-----------*----------------------------------~----------------~------------IIESCRIPTION OF npERATIONS/LOCATIONSIVEHICLES/REST~ICTIONS~S~ECIAL !TEllS ALL OPERATIONS OF IIAHED INSURED AS COVERED BY POLICr' AND ALL ENDORSEMEtlTS THERETO AS RESPECTS TRAFFIC SIGNAL HOnIFICATION AND STREET IHPROVEMErITS AT PRUNERI[lGE AVE. ~ WOLFE ROADj ADDITIONAL IIISUREIi PRIMARY· EI/IlO •. ATTACHED =CERTIFlcATtHoLDEr;====================, =C~NCELL~TION=:======-=============;;.=============================::::========= .' CITY OF CUPERTINO I 10300 TORRE AVENUE / CUPERTING, CA . ZIP CODE 95014 I . I AUTHORIZED REPRESEtITATIVE I HORSEY HAZELHNE !. WYNNE " , ,I This endorsement Is part 01 the atlached policy, 'II is clfecliVl! from the stan 01 the policy term unless stated ~Iow, (Complete below when'added alter policy Issuance.) , Ellectl'll! date 6/24/88 Policy tk CO 5253195CCA Endorsement No. TBD Named Insured COLLISHAW CONSTRUCTION INC AddItional Premium Ir' luded CONTRACTORS LIABILITY ~OllCY ," ADDITIONAL INSURED (OWNERS OR CONTRACTORS) riame of Additional Insured: CITY OF CUPERTINO, OFFICERS, EMPLOYEES, AND AGENTS WE agree with YOU that the person or organization shown above is an insured ror work perrormed by or for YOU.for this person or organization. WE will , also insure the acts or omissIons of this person or or~anization for ~eneral supervision of this work. Job description TRAFFIC SIGNAL MODIFICATION AND STREET IMPROVEMENTS, AT PRUNERIDGE AND WOLFE ROAD 4024 ___________________ JOb' ______ Cost 147,199. ADDITIONAL PROVISION: SUBJECT TO AU, OTHER TERMS AND PROVISION OF THE POL ICY, SUCH INSURANCE AS PROVIDED BY THIS ENDORSEMENT SHALL BE DEEMED PRIMARY, BUT ONLY WITH RESPECTS TO WORK PERFORMED BY OR FOR TIlE NAMED INSURED IN CONNECTION wITH TIlE ABOVE DF:SCRIBF:D CONTRACT AND TIIAT SUCH OTHER INSURANCE OF THE ADDITIONAL NAMED INSURED SHALL BE EXCESS INSURANCE ONLY. , • · .. FAITHFUL PERFO~ICE BOND ~OW ALL MEN BY THESE PRESENTS: THAT WE, COLLISHAW CONSTRUCTION, INC. as Principal and RELIANCE INSURANCE COMPANl Executed in 'Du:'plicate Bond # B 61 32 18 Amount$2,120.00 as Surety are held and firmly bound unto the City of Cupertino, State of California. in the sum of ONE HUNDRED FORTY-SEVEN THOUSAND ONE HUNDRED NINETY NINE & 00/100 Dollars ($147,199.00 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. TRE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated ______________ __ with the Obligee CITY OF CUPERTINO to do and perform the following work to-wit: TRAFFIC SIGNAL MODIFICATION AND STREET IMPROVEMENTS AT PRUNERIDGE AVE. & WOLFE RD, TRAFFIC SIGNAL MODIFICATION AND STREET IMPROVEMENTS. PROJECT 4024 NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly etgcuted by the Principal and Surety this 14th day of June , 19 ___ , (To be signed by Principal and Surety and acknowledgment.) r ncipal RELIANCE INSURANCE COMPANY Surety The above bond is acce~ted and approved thi _________ , 19 __ • ," LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: Executed in " :Dwlicate Bond No. B 61 32 18 Amount Included WHEREAS, the City of Cupertino, State of California, and COLLISHAW CONSTRUCTION, INC. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain imprOVements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials," provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and Reliance Insurance Company as Surety, firmly bind ourselves, our executors, administrators, successors and assigns. jointly and severally, unto the City of Cupertino, and any and all materialmen. persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of ONE HUNDRED FORTY-SEVEN THOUSAND ONE HUNDRED NINETY-NINE & 00/100 DOLLARS ___________________ ($ 147,199.00 ). THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors. heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams use~ in, upon. for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay "in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. " , ) Labor and Material Bond Page 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. IN WITNESS WHEREOF, this i~strument has been duly executed by the Principal and Surety this 14th day of June , 19~8~8<--_ (To be signed by Principal and Surety. Notary acknowledgments required.) Reliance Insurance Company Surety The above bond is accepted and approved this ________ ,day of _________________________ , 19 __ _ 6/17/85 '. CORPORATE ACKNOWLEDGMENT State of CAll FORN IA County of SANTA CLARA } SS. OOl:\C!ll:\C!lil>(9r.<9l:\C!l/:;J!JiI>(9/:;J!Jr;,I9r;,19/>(9i1>(9Il>\!)/l'< .~ . OFFICIAL SEAL g l! ,._,; "". I<A THY fiSHER G i '~!'tJ NOTA~Y puauc. CAlIFO~NIA ~ §, SANTA CLARA COUNTY § ~ My Commission Expire, Aug. 21, 1991 il j>(!)r;,I9/>(9I;>1!)~O<!i~I;>I!)Il>\!)IS<tl"""~I;>I!)"" No,m On this the -2.!:L-clay of JUNE 19..-8.a, before me, ______________ ~KA~nw~ FISHER the undersigned Notary Public, personally appeared ESTHER COLLISHAW Xl personally known to me o proved to me on the basis of satisfactory evlclence to be the person(s) who executed the within Instrument as PRES WENT or on behalf of the corporation therein Notary's • Stata of California, } County of SANTA CLA""",RA\£L __ , SS. 14th June 1988 On this --------:-.1. day of in the year ______ , before me Notary of Public personally appeared John J I.Qugbran • personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney~ln~Fact of RELIANCE,INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the instrument. • ' OFFlCIA"~EAL , '. TAMMY J O'Am-GIIIO ! NOTARY PU8l1c-CAL.IFORNIA SANTA CUlM COUNTY IIV CIlMM. EXP. AUG. 11,1989 My Commission expires _______ .:.8_-.:.1,.:.1, 19 ~ BDR·lS1S ED.6183 !CALlF.1 f, I '1 • I '.I I '. CORPORATE ACKNOWLEDGMENT State of _ CAl I FJ.JO",RI'lNLIAtL ___ } SS. County of SANTA ClARA NO. 202 On this the --Z!L day of ____ -"J"UN=E __ ~. 19.Jl1l.. before me, KATHY FISHER the undersigned Notary Public, personally appeared ____ --'ES= THER COLLISHAW !Xl personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) who executed the within Instrument as PRES I DENT or on behalf of the corporation therein named. and acknowledged to me that the corporation executed It . WITNESYd and official seal. Notary,s~'~ State of California. } _--==::'::':::-===---" SS. CountY of Santa Clara On this 14th • day of June ;n the year 1988 • before me Notary of Public personally appeared John,J" Loughran • personally known to me (or proved to me ., on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-In-Fact of RELIANCE INSURANCE COMPANY and. acknowledged to me that RELIANCE INSURANCE COMPANY executed the instrument. • OFFtCJAt. SEAL • TAMMY J 0' ANTONIO ~ . NOTARV PUSI..ICwCAl..lFORNIA •• ~ SANTA ClAAA COUNTY MY OHM. EXP. AUG. 11.1969 8-11 89 My Commission expires _________ , 19 __ BDR·1B1B ED,6IBa (CALIF.)