88-053 Rosendin Electric, Traffic Signal Modification, Rainbow Dr & Stelling Rd., Project No. 5008..
CONTRACT FOR PUBLIC WO.RKS
CONTRACT made on ~ /-6/ IfFY by tbe CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and ROSENDIN ELECTRIC, INC • ..
,bereinafter called the CONTRACTOR.
• IT IS SSREBY AGREED by the parties as foilowsl
1. THE CONTRACT DOCUMENTS. The complete contract consists of the
following contract doeumentsl
A. Plans and Speeifications for RAINBOW DRIVE AND STELLING ROAD TRAFFIC
SIGNAL MODIFICATION, PROJECT 5008
B. Faithful Performance Bond, Labor and Materials Bond,
Insurance Certificate C. This Contract
O. Bid Proposal referred to as Exhibit A
Any and all obligations of the CITY and the CONTRACTOR are fully
set forth and described herein.
All of the above documents are intended to cooperate so that any
work called for in one and not mentioned in the other, or vice
versa, is to be executed the same as if mentioned in all of said
documents. The documents comprising the complete contract are
sometimes hereinafter referred to as the contract Documents. In
case of conflict between the Plans and the Specifications on the
one hand, and this Contract on the other, the Plans and
Specifications shall prevail.
2. THE NORK. 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 manlier, the work of TRAFFIC SIGNAL MODIFICATION
as ealled for, and in the
manner designated in, and in striet conformity with, the plans and
Specifications prepared by: Mr. Bert J. Viakovich, Director of
Public Works and adopted by the City, which Plans and
Specifications are entitled, respectively,
RAINBOW DRIVE AND STELLING ROAD TRAFFIC SIGNAL MODIFICATION,
PROJECT 5008
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 :ne inspection and approval of the City, or its
representative. l'he 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 abo.ve agreed to be
done, the sum of: THIRTY NINE THOUSAND SEVEN HUNDRED THIRTY ONE AND
00/100 DOLLARS ($39,731.00)
subject to additions and deductions as provided in the 'Contract
Documents, per Exhibit "An attached hereto.
4. DISPUTES PERTAINING TO PAYMENT .'OR wORK. Should any dispute
arise respectiqg the true value of the work done, or any work
omitted, or of any extra work which the Contractor may be required
to do, or respecting the size of any payment to the Contractor
during the performance of this Contract, said dispute shall be
determined either by reference to the unit of prices, if
applicable, or in accordance with the agreement of prices, if
applicable, or in accordance with the agreement of the parties, or
in accordance with the rules of the American Arbitration
Association if the parties are unable to agree.
5. PERMITS, COMPLIAI,CE NITll 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 require any alterations,
page ;<
deviations, additions or omissions from the Specification~ or plans
or the contract Documents, it shail have the riqht to do so, and
the same shall in no way affect or make void the contract, but the
cost or value the~eof 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 accorda,nce with
the aqreement of the parties, or in accordance with the rules of
the American Arbitration Association if the parties are unable to
aqree. 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, statinq that the extra work or chan",e is authorized, and no
claim f~r an addition to the contract sum Shall be valid unless so
ordered.
S. CHANGES TO MEET ENVIRONMEN'rAL REQUIREMENTS. The City shall
have the right to make changes in this Contract durinq the course
of construction to brinq 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
chanqes 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 Aasociation if the
parties are unable to aqree.
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 uni t price, if applicable, or in accordance with the
aq'reement of the parties, or ,in accordance with the rules of the
American Arbitration Association if the parties are unable to
al,free.
10. TIME FOR COMPLETION. All work under thia Contract shall be
completed I ON OR BEFORE FEBRUARY 10. 1989 PLUS THE NUMBER OF CALENDAR
DAYS BETWEEN BID OPENING AND THE EXECUTION OF THE CONTRACT.
If the Contractor shall be delayed in the work by the acts or'
neglect of the City, or its employees, or those under it by
contract or otherwise, or by changes ordered in the work, or by
strikes, lockouta by others, fire, unusual delay in transportation,
unavoidable casualties or any causes beyond the Contractor's
control, or by delay authorized by the City, or by any cause which
the City shall determine justifies the delay, then the time of
completion shall be extended accordingly.
This paragraph does not exclude the recovery of damages for delay
by either party under other provisions in the Contract Documents.
page 3
11. INSPECTION AND 'l'ESTING 'OF' MATERIALS. The Contractor shall
notify the City a sUfficient time in ~dvance of the manufacture or
production of materials to be supplied by him under this Contract,
in order that t·he Ci ty may arrange for mi 11 or factory inspection
and testing of the·same, if the City requests such notice from the
Con tractor.
12. TERMINATION FOR BREACH·, ETC. if the Contractor should be
adjudged a bankrupt, or if he should make a general assignment for
the benefit of his creditors, or if a receiver should be appointed
on account of his insolvency, or if he or any of his subcontractors
should violate any of the provisions of the Contract, the City may
serve written notice upon him and his surety of its intention to
terminate the Contract, such notice to contain the reasons for such
intent~on 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 tl!!rminate. 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 Contractl provided, however, that, if the surety within
fifteen days after the serving upon it of notice of termination
does not give the City written notice of its intention to take over
and pe~form the contract, or does not commence performance thereof
within thirty days from the date of the serving of such notice, the
City may take over the work and prosecute the same to completion by
contract, or by any other method it may deem advisable, for the
account and at the expense of the Contractor, and the Contractor
and his surety shall be liable to the city for any excess cost
occasioned by the City thereby, and in such event the city may,
without liability for so doing, take possession of, and utilize in
completing the work, such materials, appliances, plant and other
property belonging to the Contractor as may be on the site of the
~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 t.he final.
completion and acceptance of alt work covered by the Contract, the
City may vithhold from payment to the Contractor such an amount or
amounts as in its judgment may be necessary to pay just claims
against the Cont.ractor 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 payment of such
claims n 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
sUbsti tute securi.ties' as provided in Section 4590 of the california
Governml!!nt Code as more fully described in the City's" Notice to
Contractors.
Page 4
14. NOTICE AND SERV1CE THEREOF. Any notice from one party to
the other under this Contract shall be in writing, and shall be
dated and signed eit~er by tbe 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 (a) if the notice is given to the city
either by personal delivery thereof to the city Manager of the
City, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to the City, postage
prepaid and certified; (bl if the notice is given to the
Contractor, either by personal delivery thereof to the Contractor,
or to his duly authorized representative at the aite of the
project, or by depositing the same in the United States mails,
enclosed in & sealed envelope, addressed to said Contractor atl
P.O. BOX 5061
SAN JOSE, CA 95150
postage prepaid and certified, and (c) if the notice is given to
the surety or any other person', either by personal delivery to sucll
surety or other person, or by depositing the same in the United
States mails, enclosed in a sealed envelope, addressed to such
s~rety or person, as the case may be, at tile address of such surety
or person last communicated by him to tile party giving the notice,
postage prepaid and certified.
15. ASSIGNMENT Oi' CONTRACT. Ne! ther
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'UONS 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 & 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 (l00') 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 performin9 any work or labOr thereon of any
kind, and for the' payment of amounts due under the Unemployment
Insurance Code with respect to such work or labor in connection
with this Contract, and for the payment of a reasonable attorney's
fee to be fixed by the court in case suit is brought upon the bond.
Page 5
lB. It~SURANCB. 'rhe 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 subc:ontract', 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'a coverage to
include the contractual liability assumed by the Contractor
pursuant to this Contract and particularly paragraph 19 hereof.
Any policy of insurance required of the Contractor under this
Contract shall also contain an endorsement providing that thirty
(30) days' notice must be given in writing to the City of any
pending change in the limits of liability or of any cancellation or
modifi¢ation of the policy.
(al WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take ,ut and maintain during the
life of this Contract Worker's Compensation Insurance and
Employer's Liability Insurance for all of his employees employed
at the site of the project and,in case sny work i~ 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 Coder
• 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 with the provisions of the Code, and I will comply
with such provisions before commencing the performance of the
work of this contract.·'
(bl LIABILITY INSURANCE. The Contractor shall take out and
maintain during the life of this Contract such Bodily Injury
Liability and Property Damage Liability Insurance as shall
protect him and any subcontractor performing work covered by this
Contract from claims for property, damage, including third-party
property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what
are commonly known as the ·X, C, and UW exclusions (having to do'
with blasting, collapse, and underground property damage), which
may arise from Contractor's operations under this Contract,
whether such operations be by himself or by any subcontractor or
by anyone directly or indirectly employed by either 'of them and
the amounts of such insurance shall be as follows.
Bodily Injury Liability Insurance 1n an amount not less than
$300,000.00 for injur ies, 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
..
prODer~v 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 BARMLESS. 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 ,infrinqement of the patent rigi1ts 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. Notwithstandinq the above, the
Contractor shall wherever it is necessary keep and'maintain at his
sole cost and expense durinq the course of his operations under
this Contract such warninqs, siqns, and barriers as may be required
to protect the public. The provisions of the precedinq sentence
shall not impose any liability upon the City and are for the
expresS benefit of the qeneralpublic.
20. BOORS OF WORK. Eight hours of labor during anyone 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 Ume 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
durin9 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 eiqht hours per dar and forty hours during anyone week
shall be permitted upon publ c work upon compensation for all hours
worked in excess of eigbt bours per day at not less than one and
one-half times the basic rate of pay. It is furtber expressly
stipulated tbat for each and every violation of sections lell-1815,
inclusive, of th., Labor Code of the state of California, all the'
provisi~ns whereof are deemed to be incorporated berein, the
Contractor sball forfeit, as a penalty to the City, twenty-five
dollars ($25.001 for' eacb laborer, worker, or mechanic employed in
tbe execution of this Contract by contractor, or by any
subcontractor under this Contract, for each calendar day during
whicb .aid laborer, worker, or mechanic is required or permitted to
work mote than eight hours in anyone calendar'day and forty hours
in anyone calendar week in violation of the provisions of said
Section. 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 wor~ contemplated by this
Contract, which record . shall be open at all reasonable hours to the
inspection of the city of its officers or agents and to the
Division of Labor Law Enforcement of the Department of Industrial
Relations of the State of California.
21. WAGE RATES. Pursuant to the Labor Code of the State of
california, or local law thereto applicable, the city has
ascertained the general prevailing rate of per diem wages and rates
for holidays and overtime in the locality in which this work is to
~ pereormed, for each craft, claasification, or type of laborer,
""I)rklllan, or mechanic needed to execute this Contract. The
prevailing wages so determined are set forth in the Specifications
and made a part hereof. Neither the notice inviting bids nor this
contract shall constitute a representation of" fact as to the
prevailing wage rates upon which the Contractor or any
subcontractor under him may base any claim aiainst the City.
1776. la) Each Contractor and subcontractor shall keep an
accurate payroll record, showing the name, address; social security
number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to
each journeyman, apprentice, worker, or other employee employed by.
him or her connection with the public work.
(b I The
certified
hours at
basis I
payroll records enumerated
and shall be available for
tbe principal office of
under subdivision la) sball be
inspection at all reasonable
the Contractor on tbe following
,
(II A certified copy of an employee'S payroll record shall be
made available for inspection or furnished to such employee or
h'is or ber authorised representative on request.
(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 Division of Apprenticeship Standards of the Department of
Industrial Relations.
{]l A certified copy of all payroll records enumersted in
subdivision (al sball be made available upon request to the
public" for inspection or copies thereof made, provided,
bowever, tbat a request by the public shall be mads through
either the body awarding the contract, the Division of
Apprenticeship Standards, or tbe Division of tabor Standards
Enforcement. The public shall not be given access to such
records at the principal office of the Contractor.
Icl Each Contractor shall file
enumerated in subdivision (al with
records within ten (ID) days after
a certified copy of the records
the entity that· requested such
receipt of a written request.
Page 8
(d) Any copy of records. made available for inspection as copies
and lurnished upon request to the public or any public agency by
~he awarding bids, the Division of Apprenticeship Standards or the
Division of Labor S~andards Enforcement shall be marked or
oblitera~ed in such' a manner as to prevent disclosure of an
individual's name, address and social securi~y number. The name
and address of the Contractor awarded the contrac,t or perf01'llling
the contract shall not be marked or obliterated.
(el The Contractor shall inf01'lll the body awarding the contract of
the location of the records enumerated under subdivision (a),
including the street adqress, city and county and shall, within
five working days, provide a notice of a change of location and
addresa-.
If) In the event of noncompliance with the requirements of this
section, the Contractor shall have ~en (10) days in which to comply
subsequent to receipt of written notice specifying' in what respects
such Contractor must comply with ~his .ection. Should
noncompliance still be evident after such ~en (10) day period, the
Contractor Shall,· as a penalty to ~he state of political
subdivision on whose behalf the contract is made or awarded,
forfeit twenty-five dollars ($25.00) for each calendar day or
portion thereof, for each worker, until strict compliance is
effectuated. Upon tbe request of the Division of Apprenticeship
Standards or the Division of Labor Standards !nforcemant, such
penalties shall be withheld from progress payments then due.
(g) The body awarding the contract shall cause to be inserted in
the contract stipUlations to effectuate this section. Such
stipulations' sh'all filt ~he responsibility for compHance with this
section on the prime contractor.
ih) The director shall adopt rules consistent with the california
public Records Act, (Ch; 3.5 (commencing wi~h Section 62501 of Div.
7, Title 1. Gov. Ch.) and the Inf01'lllation practices Act of 1977,
(Title 1.8 (commencing with Sec. 1798) pt. 4, Div. 3, civ. c.)
governing the release of suah records, including the establiShment
of reasonable fees to be charged for reproducing copies of records
required by this section. (Added by Stats. 1978, en. 1249).
1775.5 ifotbing in thi.s chapter shall prevent the employman~ of
properly registered apprentices upon public work.
Every such apprentice shall .be paid the
apprentices under the regulations of the craft
is employed, and sball be employed only at the
trade to wbich he is registered. . .
Page 9
standard wage paid to
or trade at which he
work of 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, are 'eliqible to be employed. on pUblic works. The
employment and trai'ninq. of each apprent:.ice shall be in accordance
with the provisions of tbe apprenticesbip standards and apprentice
aqreements under whicb be is traininq.
When tbe Contractor t~ whom tbe contract is awarded by tbe state
or any political subdivision, or any subcontractor under bim, in
performinq any of tbe work under tbe contract or subcontract, employs workmen in any· apprenticeable craft or trade, the
contractor and subcontractor sball apply to tbe joint
apprenticeship committee administerinq the apprenticeship standards
of the craft or trade in the area of the site or tbe public work
for a certificate approvinq the Contractor or subcontractor under
tbe apprenticesbip standards for the employment and. traininq of
apprenticesbips in tbe area or industry affected, provided,
however, that the approval as established by the joint
apprenticeship committee or committees shall be subject to the
approval of the Administrator of Apprenticeship. The joint
apprenticeship or committees, subsequent to approvinq the subject
contractor or subcontractor, shall arranqe for the dispatch ot
apprentices to the Contractor or subcontractor in order to comply
with this section. Tbere shall be an affirmative duty upon the
joint apprenticeship committee or committees administerinq tbe apprenticesbip standards of tbe 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 tbe local apprenticeship
st~ndards. Tbe ratio of apprentices to journeymen who shall be
employed in tbe craft or trade on the public work may be the ratio
~ipu1ated in tbe apprenticeship standards under whicb the joint
apprenticesbip committee operates but in no case shall ~he ratio be
less than one apprentice for eacb five journeymen, except as
otherwise provided in this section. .
Tbe Contractor or subcontractor, if he is covered by this
section,upoo the issuance of the approval certificate, or if he
bas been previously approved in sucb craft or trade, shall employ
the number 'of appren.t:.ices or the ratio of apprentices to journeymen' s~ipulated in tbe apprenticeship standards. Upon proper showinq by'
·the Contractor that he employs apprentices in such craft 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 eltemptinq the
contractor for tbe l-to-5 ratio as !let fortb in' this section. This
lectiod sball not apply to ,contracts of qeneral contractors invo1vin~ less than thirty thousand ($30,000.001 or twenty (20)
warkinq days or to eontraets of Specialty eontractors not biddinq
for work throuqb a qeneral or prime contractor, involvinq les9 than
two tbo~sand dollars ($2,000.00) or fewer than five (S) workinq
days,
Paqe 10
"
"Apprenticeable craft or trade,· as used in this section, shall'
mean a craft or trade determined as an apprenticeable occupation in
accordance with rUles and regulations prescribed by the
Apprenticeship Council.. The joint apprenticeship committee shall
have the discretion ,to grant a certificate, which shall be subject
to the approval of the Administrator of Apprenticeship, exempting a
contractor from the l-to-S ratio set forth in this section when it
finds that anyone of the following conditions are met,
(a) In the event unemployment for the previous three month period
in such ar~a exceeds an average of lS percent, or
(b) In the event the number of apprentices in training in such
area exQeeds 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
throUgh apprenticeship training, either Il} on a statewide basis,
or (2) 'on a local basis •.
(d) If assignment of an apprentice to any work performed under a
public works contract would create a condition which would
jeopardize his life or the life, safety, or property of fello~
employees of the public 'at large if the specific task to which the
apprentice .
When such exemptions are granted to an organization which'
represents contractors in a specific trade from the 1 to S ratio on
a local or statewide basis the member contractors ~ill not be
required to submit individual applications for approval to local
joint apprenticeship committees, provided they are already covered
by the local apprentic.esh.ip standards.
~ contractor to whom the contract is awarded, or any
subcontractor under him, who, in performing any of the work, under
t~e ,contract, employs journeymen or apprentices in any
apprenticeable craft or trade and who is not contributing to a
fund or !unds to administer and conduct the apprenticeship program
in any such craft or trade in the area of the si te of the public
work, to wbich fund or funds other contractorl in the area of the
site of the public work are contributing, shall contribute to the
fund or funds in each craft or trade in which he employs journeymen
or apprentices on the public work· in the same amount or upon the
. saine .basis and in the same manner as the other contrsctors do, but
where the trust fund administrators' are unable to accept such
funds, con.tractors not signatory to the trust agreement shall pay a
like amount to the California Apprenticeship council. The
contractor or subcontractor may add the amount of such
contributions in computing his bid for the contract. The Division
of tabot'Standards Enforcement is authorized to enforce the payment
of .iuch'·ec:lntribution!l to the fund or funds as set forth in section 221. ' . ....
Page 11
, ,
The body awarding the contract shall cause to be inserted in the
contract stipulations to effectuate this section. Such stipulations shall fix the res~onsibility of compliance with this section for ,all apprentlceable occupations with the prime
contractor. All decisions of ,the joint apprenticeship c~ittee under this
section are subject to the proviSions of Section j08l., (Amended by
Stats. 1916 ,Ch. 1179)
1777.6 It shall be unlawful for an 'employer of a labor union to
refuse to accept otherwise qualified employees as' reqistered
apprentices on any public works, on the qround of the race,
religioUS creed, color, national oriqin, ancestry, sex, or age,
except as provided in Section 3077, of such employee. (Amended by
Stat. 1976, Ch. 11791
1777.1 (a) In the event a contractor willfully fails to comply
with the provisions of section 1777.5, SUch contractor shall. '
(1) Be denied the right to bid on any public works contract for a
period of one year fro. the date the dete~ination of
nonco~liance i ... de by the Administrator of Apprenticeship, and
(2) Forfeit as a civil penalty in the su. of fifty dollars
($50.001 for each calendar day of noncompliance. Nothwithstanding
the provisions of Section 1727, upon receipt of such a
dete~ination the awarding body shall withhold fra. contract
progre.s payments then due or to become due such su..
(bl Any 'such dete~ination shall be issued after a full investlgat.1on, a fair and i~artial hearing, snd reasonable .notice
thereof in accordance with reasonable rules and procedures
prescribed by the California Apprenticeship council • •
_ (cl Any funds withheld by the awarding body ~rsuant to this
iection shall ,be deposited In the general fund if the awarding body
is a stat. entity, or In the e4uivalent fund of an awarding body if
such awatding body is an entity other than the state.
The interpretation and enforcement of Sections 1777.5 and 1777.7 shall b. 'in accordance with the rules and procedures of the california Apprenticeship council. (Amended by Stats. 1978, Ch. 1249)
It shall be mandatory upon the Contractor, and upon any
,subcontractor under hi., to pay not less than the said specified
rates to all laborers, wormea, and mechanics employed in the
execUtion of the Contract. It is further expressly stipulated that
the" Contractor shall, as 11 penalty to the city, forfeit twenty-five
,doliat:1I '($25.00) for each calendar day,' or portion thereof, for .> .aclr labot:er. worban, or mechanic paid less than the stipulated ';\~d!tiiyUHng tates Eor any work done under this Contract by him or by ~:~~' any: llibeon tt:sctor under work done under thia Con tract by him or by ; ,';;t: iliy ilubeontractor under him, and Con tractor agrees to comply wi tn
. ":," All provisions of Section 1775 of the Labor code.
Page 12
.'
In case it becomes necessary for the Contractor or any
subcontractor to employ on the project under this contract, any
person in a trade or. occupation (except executives, supervisory,
administrative, clerical, or other non-manual workers as suchl 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 Con tractor wi th the minimum rate
based thereon. The minimum rate thus furnished shall be applicable
as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the
continuance of such employment.
22. ACCIDENT PREVENTION. Precaution shall be exercised at all
times ~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 Commisaion 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 (35) days from the date of recording by
the City of notice of acceptance of completion of all work covered
by this Contract, if such notice be recorded within ten days after
the acceptance of completion of such Contract as evidenced by
resolution of its governing bodYI or, if such notice be not so
recorded within ten days, until the expiration of ninety-five (95)
days after the acceptance of completion of such work of improvement
as evidenced by resolution of its governing body, at which time and
not before, the city shall pay to the Contractor the Whole of the
remaining ten percent (1o,) of said contract price so held back as
providedl said certificates to be furnished by and obtained from
the City's representative shall, before the last Tuesday of each
month, deliver said certificates under hand to the city, or in lieu
of such certificates, shall deliver to the contractor, in writing,
under his hand, a just and true reason for not iS9uing the
certificates, including a statement of the defects, if any, to be
remedied, to entitle the Contractor to the certificate of
completion. In event of the failure of the City's representative
to furnish and deliver said certificates or any of them or in lieu
Page 13
thereof, the writinq aforesaid, within ten (10) days after the
times aforesaid, and after written demand has been made upon him
for the same, the Contractor may file demand with the City, and, in
event said certificates are not furnished within ten (10) days
thereafter, the same shall become due and payable.
In case the City's representative delivers the writinq aforesaid, in lieu of the certificates, then a compliance by the Contractor
with the requirements of said wr.itinq shall entitle the Contractor
to the certificates. The payment of proqress 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~oval 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 existinq 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 relocatinq or
repairinq damaqe 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 Paraqraph 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 existinq utility facilities. If the Contractor while
p~rforminq the contract discovers utility facilities not identified
by the City in the Contract plans and Specification., the service
laterals as hereinabove described, he shall immediately notify the
City in writinq.
25. CONTRACTOR'S RESPONSIBILITY FOR THE WORE. The Contractor
shall not be responsible for the cost of repairinq or restorinq
damaqe 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 dalllaqe to the
work caused by an Act of God. -Acts of God-shall include only the
followinq occurrences or conditions and effects I earthquakes and
tidal waves, when such occurrences or conditions and effects have
been proclaimed a disaster or state of emerqency by the Governor of
the State of California or by the President of the United states,
or were of a maqnitude at the site of the work sufficient to have
caused a proclamation of disaster or . state of emergency havinq
occurred in a populated area. Subject to the foreqoing, the City
shall not, .in any way or manner, be answerable or suffer loss, damaqe, expense or liability for any loss or damaqe that may happen
to said buildlnq, work, or equipment or any part· thereof, or in,
Paqe 14
on, or about the same during its construction and
acceptance.
before'
26. CONTRACTOR'S GUARANTEE. The Contracto~ ,unqualifiedly
guarantees the firat-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 11 the subject
of this Contract, unless a lesser quality is expresaly authorized
in the Plans and Specifications, in which event the Contractor
unqualifiedly guarantees auch lesser quality, and that the work as
performed by the Contractor will conform with the Plana 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 (11 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 ci ty. '
27. LIQUIDATED DAMAGES. Time shall be of the essence of this
Contract. If the Contractor fails to complete, within the time
fixed for such completion, the work hereinbefore mentioned and
described and hereby contracted to be done and performed, he shall
become liable to the city for liquidated damagea in the sum of
$150.00 CALENDAR DAYS
for each and every working day during which said work ahall remain
uncompleted beyond such time for completion or unlawful extension
thereof, which sum shall be presumed to be the amount of damage
thereby sustained by the City since it would be impracticable or
extremely difficult to fix the actual damage, and the amount of
liquidated damages may be deducted by the City from moneys due the
Contractor hereunder, or his assigns and successors at the time of
completion, and his suretiea lihall be liable to the ci ty any
excesa.
~8. ADDITIONAL PROVISIONS.
None
Page 15
STATE OF CALIFORNIA
COUNTY OF ,. MJ;lJ;.(\., .Gk;)'R;)', .. ,., ..
(;!(!)~Qt,,)GkJ~C1W~~~?C'l(9QC9C'(9:~C)~~ I @"-:COFFICIAL SEAL ~
-.; . RITA FISHER ;
. ,».~ NOTARY PUBLIC· CALIFORNIA ~
• '" SANTA CLARA COUNTY ~ ~ 'My Commission Expir •• April 10, 1992 ~ ~~~G);llGX1GX1C>l'11~Gl;:l~Gl;:lGl;:lGl;:lG1l)G:
58.
On this ...... ~?":h ........ day of. ..... ~U~U~.T ................... , in the year
.............. \ 9.a? ................................................. , before me,
. ......... R XI ..... l.'lSl\J;,R ............... , a Notary Public, State of California,
duly licensed and sworn, personally appeared ............................ , . , .. .
. "." ....•..•....... JQ~JlaN. ~ •.. CROWI): •.•.................................. ,
personally known to me (or proved to me on the basis of satisfactory evidencel
to be the person who executed the within instrument as .. y:t.Gl', .l;'~f..:'HRl):l'\T,
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affIXed
my official seal in the ... , .. , ..... 9AUL ...... , . , County of. .. ?AliA" ......... .
TIll$ doe\Jll1\l!11;$ only a guoomJ form wh~ nmybBpruparfcr U5e in 0011'101<3 ••• , , •••••• , •••••• , ~.I,.~.li~ ....... t on the~da :e set~fo abov in this certificate.
Irfl/\&illlliDns and In no way 1Id!I. or I1lntended to ad. as a S'.lbst1u19101 lhe~ ~ .-
(!;dW:e 01 an attomoy. ~prlrWr~;\ no! mak$ 61'1; warnJ/llyflthar6JO'l!1lS& Or impliad ... ll) \tIa .:::::::::.:Id.
logsva:idit)o"fan'lprovbionorINtSI!IUlbr.tyof~hmniii!li!l!)'$p!!(i!it~, Nota..r'jt Public, State of California
Cowdery's Form No. 28 Acknowledgement to Notary Public -
Corporation (C. C. Sees. 1190-1190.1) -(Rev. 1183) My commission expires 4-10-92
. .
P.O. No.
IN HITNESS WHEREOF, the parties have executed this COntract, in
duplicate, the day and year first hereinabove written.
CITY OF CUPERTINO
Approved
Mayor
city Attorney City Clarlu
DatelCi ty Clerlu J' ~ ~
CONTRACTOR. ROSENDIN ELECTRIC, INO ......
(J,fB~
Notary acknowledgment required. /-JORjJAN B, CROWE
l! a corporation, corpo!!,ate .eal VICE PRESIDENT
and corporate notary ~~A' G acknowledgment require4. IYI ,JA ER, HIGHWAY DIVISION
project, NalDe aDd Number.. RAINBOW DRIVE AND STELLING ROAD TRAFFIC
SIGNAL MODIFICATION, PROJECT 5008
contractor. Nllme. ROSENDlN ELECTRIC, INC., P.O. BOX 5061, SAN JOSE, CA 95150
Contract: Amountl THIRTY"NINE THOUSAND SEVEN HUNDRED THIRTY ONE AND
00/100 DOLLARS ($39,731.00)
ccntraOt: Account NWllber I· 120-953-5008
Page 16
. "
1988 CAPITAL IMPROV~~T PAYMENT SCHEDULE
QUA.~TInES
FRIDAY
December
January
February
March
April
May
June
July
July
August
September
Oecober
November
December
..... i:..
CUT-OFF DATE
5:00
18
15
12
11
8
6
3
1
29
26
23
21
18
16
P.H.
.. -" '. .. ,," .
CRECK RELEASE DATE
FRIDAY
January 1
January 29
February 26
March 25
April 22
May 20
June 17
July 15
August 12
Sepcember 9
Oecober 7
November 4
December 2
December 30
•
" .~ .. :
.~ . . . : ..
,
PROPOSAL
TO THE DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
E.X" l-/iBiT A
In compliance with the Plans, specifications and/or Special
Provisions for the constructing to completion the RAINBOW DRIVE
and STELLING ROAD Traffic Signal Modification, PROJECT 5008, I,
the undersigned, heral:>y declare that I have read the proposal
requirements, visited the site, and examined all of' the above
dOCUIllents. I, the undersigned, heral:>y propose to do all work
required to complete the project in accordance with the Plans,
specifications and/or Special Provisions for the prices set forth
in the following schedule. I further understand that said prices
include all costs including, but not limited to, local, state and
federal taxes or transportation costs.
I, the undersigned, also understand that the quantities
shown below are estimates only, being given on a basis of
comparison of bids, and that the City of cupertino does not state
that the actual amount of work will correspond but reserves the
right to increase, decrease or delete the amount of any class or
portion of the work or to omit items or portions of the work that
may be deemed necessary by the Engineer.
The city of cupertino reserves the right to unilaterally
determine and award the contract to any qualified bidder based on
the most advantageous proposal, to reject any or all bids or to
waive any irregularities in the bidding procedures.
Th.e work to be done consists of the furnishing of all labor,
methods, processes, tools, machinery and materials required to
construct to completion and in working usable order the Traffic
Signal Modification on RAINBOW DRIVE at STELLING ROAD, PROJECT
5008 as described in the contract documents.
In the event of'; discrepancies between the written unit price
and the numerical unit price~ the written price shall prevail and
shall be used to calculate the total for that bid item. The bid
prices for this project shall be as outlined on the following
pages.
Proposal Page 1
ROSENDIN ELECTRIC, INC.
. . .
BID
PROPOSAL (Continued)
~ FOR COMPLETION
1. Traffic signal poles and hardware will be deli~red to the
job site for installation on or before.J2CKFMBffl ,010 , 19~.
2. The traffic signal system will be complete and operating on
or before &43RI!A-f{Y 1017f I 198').
The actual dates for completion shall be the dates set forth
above plus the number of calendar days between the bid opening
and the date the contract is 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.
ITEM EST.OTY. UNIT
ESTIMATED QUANITIES
~
UNIT
~ICE TOTAL
1. O~(l)
2. ONE(l)
3. 1
LS Traffic Signal Modification:
_ '~!;rfl1 l... c,rtI n-\o"sW2
1U\...:J.e Hv ... JY'e,Q ~~,h1
Dollars Lump Sum
LS construction Signing & Traffic
Control: !'fl Etv-€ P,u ... ~v('e::
Dollars Lump Sum
Each Remove Traffic Signs:
Qt.J6 HcJrJoBED
Dollars per Each
$ 10Q. DO lEa $ 100. a::::>
proposal Page 2
ROSENDIN ELECTRIC, ING.
..
PROPOSAL (Continued)
BID
ESTIMATED QUANITIES
UNIT
PRICE ITEM EST.QTY. UNIT TOTAL
4. 2
5. 4
6. 380
7. 140
8. 475
9. 390
.
Each Relocate Traffic Signs:
TI1.}Q HvNOREO
~.._::::=_=-==-=;:--________ $ 2(){),!JO/Ea $ tJoo.a
Dollars per Each
Each Install Traffic Signs:
TWO I:iVNOfUU)
~========~$ 2OO,OO/Ea $ mOC Dollars per Each
LF Remove Painted Traffic Striping:
THReE ---------------
~.._::::=_=_==__...._.r:::=_:;;:::::r_--$ .3. a? /LF $1) 'fo,a Dollars per Lineal Foot '
LF Install Traffic striping state
Detail 27A: ~/ EJt:::.LL CErJT.s
----------$ O.60/LF $ 70.{):2
Sollars per Lineal Foot
LF Install Traffic striping state
LF
Detail 39: v'
FfFTL C.£ll.ff:5
~~!iini!;rr;rru;;;trFOOt--$ 0, 50 /LF $ Z3 7.50 ~olla%s per Lineal Foot
Install Painted 12 Inch White
Traffic striping: ,_ I Otv E DOli ttR.
AfIJ[) ,93JleAfTY FII/E
(.C£A)~~T.s~=fii~·· ~r== $ I. 75 /LF $ 68Z!!1J ~lla~per Lineal Foot
proposal page 3
ROSENDIN ELECTRIC, INC.
. . . PROPOSAL (continued)
BID
ESTIMATEP QUANITIES
UNIT
PRICE ITEM EST.QTY. UNIT TOTAL
10. 590
11. 230
12. 6
13. ONE (1)
14. 40
15. 45
.
LF Install Traffic striping state
Detail 21:
';;;;-:-;;=---=:-;;:-;-rr-=-: -;-,-;-==.-;.::----$ L 00 /LF $ 5'20,0 Dollars per Lineal Foot
LF Install Traffic striping State
Detail 38: ONE: ~-~====-
=~:::-::-=-;;-r.::-::-::.--:;:;=-:=---$ 1.00 /LF $ 2-?/J, 0-Dollars per Lineal Foot
Each Install Pavement Legends:
F/ETY-
;;;;;;:;:;:;;;:~=====-$ So. OO/Ea $ X:O,a Dollars per Each
LS Removal of p.e.e. Island Curb
and Fill:
TWo TlioU.5ltdO
E I Vt? YUA.Jf)REO ~
<
Dollars Lump Sum
SF Install Four(4) Inch p.e.e.
Median cap: :ITi~Vvi~C;;'2J"LJL\A~c..::-=====-
=-=:;;:::::=:::::;==::::::;;::::;==== $ I 2, OO/SF $ '180, Dc. Dollars per Square Foot
LF Install p.e.e. Extruded CUrb:
~~~~;:;::;;::;;;:==-$ {5 ,DO /LF $ b 1.5. U. Dollars per Lineal Foot
Proposal Page 4
ROSENDIN ELECTRIC, INC.
, . .
PROPOSAL (Continued) . BID
ITEM EST.QTY. UNIT
ESTIMATED QUANITIES
ITEM
UNIT
PRICE TOTAL .
16. 17 Ton Provide and install A.C.
Deeplift: ONe tlUAJDBEJJ
&)0 rWGNTY
---------. $ 12aWTon $2. Dqo"
Dollars per Ton I
TOTAL PRICE BID: $ S9\131.~ ======~====~===~========
I, the undersiqned aqree 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 undersiqned, declare that this bid is made without
connection with any person, firm, or corporation makinq a bid for
this work, and is in all respects fair, and without collusion or
fraud.
I, the undersiqned, recoqnize that the Director of Public
Works of the city of Cupertino will reserve the riqht to
establish the priority of one portion of the work over another
and each startinq date where conflict of construction schedules
occur.
Attached hereto is the ~QlljJ=AI,'l. Cifxt,Uied check,~d,bond>or
surety in the amount of $ tJlUUtK:> tJUNU' I wh ch amount
represents ten percent(lot) of the total amount of the bid, as
required by law and the notice to bidders.
Proposal Paqe 5
ROSEN DIN ELECTRIC, INC.
..
PROPOSAL (Continued)
BIDDER QUALIFICATION lQBH
In further compliance with the specifications furnished, I,
the undersigned, submit the following statements as to my
experience and qualifications to perform this work as a part of
this proposal. The truthfUlness and accuracy of this information
is hereby guaranteed.
My organization has been in business under its present name
for 75, years.
OUr experience in work comparable with that required by
proposed contract is -25+ years operating under
current business name.
Our experience in work comparable with that required by
proposed contract is 25+ years operating under
business name ROSENDIN El fI:I RII~ INI~
Our california Contractor's License Number is 142881
the
our
the
the
•
•
The classification of this License is __ ~<:~I~O~-~~~~ _______ .
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 2f Work and for Whom Performed
1987 SIGNAL INSTALLATION, 04-SCL-130-1.3,1.6
ALUM ROCK AVE., SAN JOSE, CALTRANS --------------------------------------------
~ __ ~SuI~GANAW!~.~I~N~ST~A~!~.j,~AT~IuQ~N~0~4~-~S~C~!.-~1~3~0~ ________________ _
Q. 4, 1. Q; ALUM ROCK AVE.. SAN JOSE CAL TRANS
,-------------------------------------------
proposal Page 6
AlIIount
60,334.00
61.070.00
ROSENDIN ElECTRIC, INC.
PROPOSAL(Continued)
SUB-CONTACTQRS lQBH
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 RIl£t5 STfflelN6 · .
Address MNIT7NEZ CI'<. 7 •
Work to be Performed _""'5!J.I .... G<LN=lN-"'-'(.d.;>---'.r~-'S~r..L..i..J8u.ILeJ.,(I\Jp,..u(-<<L-__ _
2. Name BoBrQ {£)1TO •
Address /DELMONT. CA l •
Work to be Performed A, c.. OeEPU ET
3. Name CtfA-! OES c.oiJceifc
Address PBEMD~ CA •
Work to be Performed pce.. ('i\EDlAiA) c:.ttf * Etr8tJOEO CURt3_ .
4. Name ___________________________________ '
Address _________________________ •
Work to be Performed _________________ •
5. Name ___________________________ ___
Address _________________________________ __
Work to be Performed ___________________ '
6, Name ________________________________ •
Address ______________________________ __
Work to be Performed _________________ •
7. Name ____________ ~------------_.
Address _________________________ •
Work to be Performed _________________ '
Proposal Page 7
ROSENOIN ELECTRIC, INC,
•
PROPOSAL (Continued)
SIGNATURE lQEM
IF Y01:J ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A
CO-P~TNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL
INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A
CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE
NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER, THE
CORPORATE SEAL MUST BE AFFIXED TO THIS FORM,
ROSENDIN ELECTRIC. INC.
TYPE OF BUSINESS R. J. ROSENDIN -PRESIDENt
CORPORATION : ROSEN DIN ELECTRIC, INC. J. M. ROSENDIfI -a Y. fR~ 6. &m. .: .--~ ..
CO-PARTNERSHIP: ____________________ ,
• INDIVIDUAL . _-------------------------
JOINT VENTURE : ______________________ •
OTHER : ------~(r=De=so~r::-:!i"t::b-::-e.) -:I\J9:ltiR~D.I\fG.~'H1 BIS:-.~GRI«9:IV\t.H:'E:__---·
VICE PRESIDENT
Name and Signature of Bidder: ___ ;-;:;::::TM:::;AN.:-A-::GE=R",. H;;:,J:::GH_::_W,-;A;::Y-:::/lI'::iVlrcSI;.;;.O;.:.N_-.
(Print or Type Name)
-ti~---:-~~~~~~~~~~=---~-' (S gnature)
Date: __ U_6 _' _6_1_98_8 ______ •
Address(mailing & looation) : P. O. BOX 5061, SAN JOSE, CA 95150 •
880 N. MABURY RD., SAN JOSE, CA 95133.
---------------,
---~----------~-'
Telephone Number : ( (408) 286·2800
Aoknowledge Addenda Reoieved by oiroling the addendum number •
3 4 5 6 7 8 9 10
Proposal Page 8
ROSENDIN ElECTRIC, INC.
STATE OF CALIFORNIA
COUNTY OF ..... 9!'.I'TA .. Gl-AM ..... ss.
~/I<i)Il><9~fl>l')!:(!)fl>l')I:<9I:<9~It<.'J(;;!)I:<9I;i.9~
lj .oFFICIAL SEA!} ~ ~ RITA FISHER ~ ;ll NOTARY PUBLIC· CALIFORNIA g ~ SANTA CLARA COUNTY (, ~. My Commission Expires April 10, 1992 ~
~(i)<J""'G>:/~Gl'IIUNJ(,}II"",,,,G}Il(,>ll"""t.>IlG
On this ....... ~?,\1 ....... day of ..... W<iY.'lT .....................• in the year
................................... 1.?~~ ............................. , before me,
. ...... ~I~~. n.SH.ER ...............••.. , a Notary Public. Stata of California,
duly licensed and sworn, personally appeared ................................. .
JORDAN B~ CROWE .......... , ........... , ...... , .................................................. ,
personally known to me (or proved to me on the basis of satisfactory evidence)
b h h d h . h' . VICE PRES !DENT to e t e person W 0 execute t e Wlt In Instrument as ....... ., .. , ...... , " ... .
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 WHEREOF I have hereunto set my hand and affixed
my official seal in the ........ ~~~~ .............. , County of. .. ~:~~.~~ .. CI:~~A.
"".~I$CJ!,Ifllgeneraflonn~(!W)'OOptt'lpC!ftcfUWirl&im;>le ••••••• , ••• , •• , •••••••••••••••••• J on7!;ith date set~fort abovei this certificate. vansactiCt'4wlnflj);r;ayscts.OI'ili~load,&!Ia$.~ulI«IM ~ \' ) .-MceallVla::omey.ThepIWet~IlOtN.looMl'f\fOlVral'll)'eVlareqlfe$!lOl'~u:Olho~ ~::<"~'<':"-=_-:-
kog .. Ya·od<tyol.anypmvisiono.-~"ri',.m.lynjU'lt1$OIorm.:n&nf~vliflS3Cllo:;n .... Notary Public, State of California
Cowdery's Form No. 28 -Acknowledgement to Notary Public-.. Corporation (C. C. Sec •. 1190·1190.1) -(Rev. 1/83) My commission expires 4-10-92
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y' .
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Stat .. of California
County of Marin
•
.. OFFICIAL SEAL . JOCELYN V. QUIRT
". • NOTARY PUBLIC-CALIFORNIA Principal Ollice In MARIN County My CQmmlsslon Expire. May 17, 1991
On August 29, 1988 , before me, the undersigned,
a Notary Public of said County and state, personally appeared
Joan DeLuca
known to me (or proved to me on the basis of satisfactory evidencel to
be the Attorney-inFact of
Federal Insurance Company
the Corporation that executed the within instrument, and known to
me to be the person who executed the said instrument on behalf of the
Corporation therein named, and acknowledged t e that such
Cm,"""o:ru;;:~_~ .
NOTARY PUBuC
J
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Bond No. 81231341
Premium: $179.00
FAITllFUI. ?EllFOBMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, ROSENDIN ELECTRIC. INC.
as Principal and Federal Insurance Company
as Surety are held and firmly bound untO the City of Cupertino, State of California,
in the sum of THIRTY NINE THOUSAND SEVEN RUNDRED THIRTY ONE AND 00/100 Dollars
($ 39,731.00 ) lawful monay of the United States, for the payment
of which will and truly to be made. we bind ourselves. our heirs; executors,
successors and assigns. jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that.
WHEREAS, the ?rincipal has entered into a contract dated _________ _
with the Obligee
to do and perform the following work to-wit:
RAINBOW DRIVE AND STELLING ROAD tRAFFIC SIGNAL MODIFICATION,
PROJECT 5008
NOW, THEREFORE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surer:y this 29th day of Au~!!st, 19.Jl!L.
(To be signed by Principal
and Surety and acknowledgment.) Rosendin Electric, Inc.
~;1~~~ -~ VICE PRESIDENT.. .
MANAGER, HIGHWAY .D.lVISION . Federal ·'lJ:iSi.i.rance Company
Surety '" ~ ._.
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Joan Do--Luca " jmd
The above bond is acce;:ted and approved this _-/-______ ...,." ~ 19_.
Bond No. 81231341
LAIIoa AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
aOSENDIN ElECTRIC, 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-
c0tltractors. shall fail to pay for any uterials, provisions, provender or
other supplies or teams used in. upon. for or about the perforlllance of the vork
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. TRER.E'FQR£, ve, the Principal. and ______________ _
Federal 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 uterials,
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
uchinery, 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
uterials. whose claim has not been paid by Principal or .by any other person, in the just and full sum of _____________________ _
THIRTY NINE THOUSAND SEVEN HUNDRED THIRTY ONE AND 00/100 DOLLARS
_____________________ (.$ 39,731. 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 perforlllance of the vork 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.
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STATE OF CALIFORNIA
SANTA CLARA SS. COUNTYOF ......................... .
G"<!)1J>(!)Il<!)Il<!)IJ<'.)ImlG><9I:"<SI;<!lI;<!lI:"<SI;<!lI;<!l(;>(9~ ~.-OFFICIAL SEAD ~ ~ RITA FISHER E} ~ NOTARY?U8LIC· CALIfORNIA ~ R SANTA CLARA COUNTY (; ~ My Commission Expires April 10, 1992 ~ ~b""<»I.lGl<:l@l.1Gl<:1(,)<1bN)&l\IIW'IIGl'IIGl'II('l\IIGl'IIu
On this .. .2y.t.h ........... day of. ,,:I!V<:iVI'.T, .. , .. , .... , ........... in the year
., .. , .. " ........ ""' .... ~ ?~~.", ........ ,.,., ...... ,.,., .. ,., ..... , before me,
"""" ,?~Tl\, !.I~.H~,R." .. , ...... ,., .. ,a Notary Public, State of California.
duly licensed and BwornBPerBonally appeared, .. , .. , .. , .............. " ... , ... . JOR AN B. CROWE ..... , .... , ........... , .... ,., ...... , ........................................... ,
personally known to me (or proved to me on the basis of satisfactory evidence)
tobeth h tedth ·thin· VICE PRESIDENT e person w 0 execu e Wl Instrument as ........ , ......... , .... .
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 WHEREOF I have hereunto set my hand and affixed
my official seal in the ... ?A~P ... ,.,., ....... ,." County of ...... ~.~~.~~ ...... .
--. lsillllySse. Iler3lto""_. i¢ll'l'WliYoopl'qletlotU2msimple . , ••• , ••••• ~~~~ •• , •• , •• , .~ .... ' ~t date:&set h above in this certificate. 1m~3i"dfnnowafactJ,ottsilllMdodkla::1.At/1.~'ctttw , .• ./ A _ ~ofatta1tomtly,1l<.eptlntct~lIOtmalwanyWlll'!'Nltyt»Uleretpfll""/lmpii«la,l.)the ) ~ ,
kJG<IIVaJ6'lyo!a."YprQ'4l3icno.-tlta~"'~llf~II'IMy~~ .. Notary Public, State of California
Cowdery's Form No. 28 -Acknowledgement to Notary Publlc -
Corporation (C. C. Sees. 1190·1190.1) -(Rev. 1183) My commission expires .. __ 4:....-"'1::0::.-"'9:,:2"-_____ _
Siale of California
County of rlarin
OfFlCIAL SEAt. JCCEL YN y. QUIRT
NOTARY PUBLlc..CALIFORNIA
Principal OlfiC$ln MARIN County
My Commission Expires May 17. 1991
On August 29, 1988
a Notary Public of said County
, before me. the undersigned.
and state. personally appeared
,Toan Del.uca ,
known to me (or proved to me on the basis of satisfactory evidence) to
be the Attorney-inFact of
___ -=F~deriU Insurance Co.1llp&lY • the Corporation that executed the within instrument. and known to
me to be the person who executed the said instrument on behalf of the
Corporation therein named, and acknowledged to me that such
Corporation executed the same.
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Labor and Macerial Bond Page 2
And che said Surecy, for value received, hereby scipulaees. and agrees
chac no change. excension of c1me, aleeracion or addicion co che cerms of che
caner ace or eo ehs work co be performed thereunder or the specificaeions
accompanying the same shall in any wise affect iCs obligations on this bond.
and iC does hereby waive nocice of any such change, extension of time, alcer-
at ion or addition to the terms of the coneracc or co the work or to che speci-
fieaeions. .
IN WItNESS WHEREOF, this i:serument has been duly executed by the
Principal and Surety this 29th day of August • 19 ..... 8 .. 8 ___ _
(To be signed by Principal
and Surety, Noeary
acknoWledgments required,)
Rosendin Electric, . L·.
ipal JORDAN B. CROWE
VICE PRESIDENT
Federal ~M&JlI&tWAMv)[VIS'ON
Surety
DeLuca jl;
The above bond is accepted and approved this __ -:-_day of
__________________________ , 19 ____ ,
6/17/85
POWER OF ATTORNEY
Know -~I1"Men' by l_h~se F'reserit~, r~~t the F-EOER,~L _1N"SUFIANCE,COMPANVi , 15 'M9Un!~in VieW Road, W'arran, New -JeFs~y'~ a"New'J~rs_ey: C9.r:pma·
tiqr!, ,'t1aS', consfit4te_d 'and apPo-inlect;_ ari9 does hS(9t:ly"constituie ,arid:,appbint, j bhn i&!, Ho;l teniann:-, GO'r ali G:. E. Ryn, J9an
.DeLucaand La.w"eIH,e J.,. Coyne ,of Navatb" 'Californi,,~~~~~~~~~~--~~~~---~~---~-_---~------------__ --
,ea~h.'jt!?:,trI.!franQ laWful ,Attorn,ey"i:r~Fact ·to'·executEi!, under 'SL!ch 'designatior) ,i'n ,jts n'ame !ind ,to affix,'it:;> corporJ3,te !;>eal ',to ·an~ ,deliver tor -and on'its behalf '!is
surety there<Jn 'or ,otherwise, :bonds of ,any_ Of the. folloWing' cla~ses, t9;,wit:_'
1. Bon~~~ani~ l,I~d!ilrta~lngs,llle_~.iin:J3.ny:s'l!it, 'matter or proceedrr)~ i,n any t,o[Jr~,,;()r-filed w,ith_:any''S~eriff,or Ma,~istrale;, for Ibe dQ~ng,',Qr:r)ot-;dojng of, aqyth'ing:
specified In such, Bgn-d 9r:'Un-d_~'r!a~lllg. -
2, Surety -po_nds to ,the: U n iled '"States of, Ame rica· q r; any .~genoY '~hereof; Iineluding, tho-s!? fs~ujre_d or '-pe rrn itts,d, under ,th_ ~,' laws 'qr' reg u la lion, s_ relat; n-g I to: Customs,
or Inten1all:_Fl~venu~; ,1lice,ns9' anQ':perr'n.!t-:Bofld~_'or other indemni.ty'tlonds -under the laINs,_ 6idin~nces' or rt;lQulations of any',S,ate, Ci\y) i[owfI, Village,
'BQarq '_or '9the_r body'or organiz~tigl1, Pllt::lliqi'or~pri'l~te;, pongs, IQ 'Tr.a.nsportaUotl Cqmp~n,es" L_o§t rn~lrumEml bonds; te,!ise bondsi,'.workers'''Corn~ens_a
lioo; bonds! 'Miscellalleous Surety, bonds' and bonds on, behalf of Not~ri'es:, P'ublic, Sheriffs"Deputy Sheriffs anq: :simil~r-Pt,lRliG' '9ftil;>i~rs,
3. Bond~ on' bepa!f ,6" c;:oritractgfs 'in, connection with I 1:119s1 prQPos,alsl qr contracts.
In,lwitne-ss Wh~re~I;'the_',s-ai~,:FEDERA'" ~NSURANCE"COMP"N'{has, 'P!JrsuBnt',to: ils By-l:fI.",!s. ,causei::l1ti~~~,-presenls,to b;e,s!gned, by ils Assislant Vii::e";P(~siC!e~'Land:'J'lsa,sfant;Secretary'and Its
:corporate"~eal !0"p~;~ereI9~lIix!,!dAhis" ,I s,t' day of Janu.;:try 19 88
'Corporate'Sea,l
STATE, OF NEW,JERSEY
:Couri~y ,of-§)om$~et }
IBy
George ,McClellan'
Asslsta~1 ~ V{ce~presi~elll,
,On thl,. ls-t, 'day Q:f J an-uary, _ _ 19 ___ 88:,,,balore me:pers<jnaJ!y -c'ameIR!chard:O, O'Coniior jiime kiiowlI:a~d by,me:lmowii'to,bEi 'Assrsianti!3ei:retar~,of the, FEOERAl.iN"
,SURANCE-COMPANY.,lheu;orporaHon descrJbed 1)1 and which executed,the foregoing Power ,01 Attowey, and the saJd"Aicha[d D_ O,'Conrlor, being by,me duly SWOf!l, did depose and say ih~u,he is Assistallt,Secretary
:01 ttiecF_EDERAL _INSURA~CE'COMPAt.!J'anQ k.nows_t}le,corpo.\ate'~eal !hei'eol; thEit ttJe,se:a:I'affiX~(tid,!hinoregoirig;Power oj N(omey Js;suc;h corporal~ sa.!l! <l:rid,w;;ls"therBlo:alfix'9d'py'aulh~~~y,ol.the By-laws
:Of s~id Gomp;i.ny,;and th'al he ~lg'ned"said Powerol Attorney as-'~is(an! Sil1::r~tary 9' said,qompany by'1ike,auth~rh~:-an~ lha,t h~ is acqitainled,wlUi_George'M~c;:I~lIan and I(n9ws'him!~ b~,tti~A.ssf$.!arit,Vice'PrE1.side,nt
of'sard "Company, ~ndl,thal)he -signature ol'said:,GeorgeiMcCleflan:subscrib~d 10 said:Power of,,A.ttorney'!s!i"n ,the',gonu(ne _hall(lwrilln_g,:91's~ld;Ge()rfi!e McClell,m and was",lhereto' subS'«(lbed ;I?y;~uihority!,cil sai~
'By-laws 'and; in i:l.eponerl1-'s, preia'iri¢e;,
'::}TA'TE 9F,NEW JER~EY
Gourityi of $:ortletset } 5S,
CERTJFICA'TION AtlG~I.EONMlD
NOTA~ypu~licOf NEW JERSEY
My, 'Gomin;ssiorr Expir@s July, 12, 1993
f::!otary,'Public,
,I.:the_ Undersigned: ASsjst_ani-~ecrelarx;o(,ihe:FEQERAL:INSURANC~ CO_~pAN_y,,~g,'_hereby c:er1ifY"lhaIJhi:!'foUowin9 J~'!l.t,rl!~ I?:)(c:§lrpt 'Ir9m' the, By'!,.aws'Qr)h~ ~!l.iQ,Cl:Im~anv, ~s adopi~lI by it~,80ard oj Dl~ctors
on, March, 11. 1953' and;,mosl recently e~lnendei:!' Mal ch,5. 19B5 and' ,thaI thiS' By:Law.'isjn (ulli force~a"d,effBel.
'-'-;AffnG1:i::-);\fJlt;
S'ecHi:in :2.-'AII' bOilqs,_ uh.dertakings, c'ontracts ,ani:!: othe(in S,l,ru'I'Iii_nrs'oltier ,It"!an ~s 'ab9ve 19r a,n-9'Qil';bshal J ,01 tno:: 90mpariy w_~ i¢h_' i i~i5 i a-~thori~ed; QY law-or, ils chai1e.r, to,e)(e¢Litl?; ,may 'a);1d, shall' b~',exeguJe~
iii the,hafil~,ll1ld on belialf, ,,,I J_f),~,Co,mpar\y 'ei(hl?r by the_iC!1airm~fi:or'the, Vice:c,::~,frmari'~r'the-:-presjd,e,n~,or:a Ylce;P(e~idE!!lt, jQin,tly',iNilh the ~~cr{!lary"()'r'an As~j!!larit,SI:l'"t~lary" !In_der ,~heir,'re.s.pective
gesignations, fJXCepllh<l:t,any o_n~'or, m9rE!,olflcers or"allomeys-in-fact designatedrin an1:"resol_Ulio~l:.ohtie,lloard'9"Dlrl?c:tors or the E_x~l::l:Itiv~:CommlU~e::'Qr in any,pow~'-o"a!l()(n""y'e)(~,cul~C1!?s" pro~19~d
for in, S'ectibri ,:3 .balow, m.ay':execute any suob bond; 'underinklng or:other dhti~.illrcln, as provldedlrn-,sucJrJl'!so:futio!1~or power:of !lUo_mey.---
$ec\_iun'3. Ail power_s, 01 a~t~rn!'lY f(lt,anl)_ onl~~hloln 91 the Company __ may and sliaU b_~ _executed ih ttie n:ame and:on,be'half QUhe ~~mpany,< eith~r;by !h"e,Chairm~n pxthE! Vi~_~·9h!l\rm!ln or,~h~ pr~~-ident~r_a Vic~.
Presidenl or,an Assistant vlco,presiden_l; join,tly,wlth the Secmtery or all Assistant Secretary,: uni::ler,their respeetivedeslflnations_ T,he slg!"alure of,such officers may be en_graved,' printed or Iilbograp~ed, Tho-signalum
pl __ each of th",l'oll,owing officers: CJ1Eiirman,-Vico Chai(man;iP/esident;' any Vice P(eaic1ont, any AssiSiamVr.;:e preslderJ, any. Se-cre!ary, 'imy Assislant ~e"retary and the seal 01, th~ ,COrflpallY may,b(:i affixed,by facsimne
'_to !lnfPowe_r _ClI aHor,n_ey or f(i.~ny cer1Hici(l.te rBleticg Ihereto'_appoioting Assistant,Secretaries or_At!orneYS'lIl:Fa!l! for" purpose,s 'onl~ ,,=!f_ ex~~tjng and'~tt.E'~tlng PClndl? "and un.de_~akings_~n.ti other 'o\!rl!in9_S obligatory
!in<Jhe.nalure _thereat. and-any ~uch power.otattorney or .::ertlficate,t.earing ~uch·facsirriile_signature or,facsimi.le s~al;shall be valld and bindjng'~PQn,t_he_ Com~r1y !Ini;! any,:§:u9h power,so ,e)(ecut~d'and cerlilh3d by
sUch-facsimile sif,lnatu'fQ aild Jacsimil(j soal shall tie 'valid"and b'iridin~ ,upon tfie Company with respect" io any;bolid or undertaking towhich \lis-attached:1' "
I;i_urthet c!lrtlfy,that saie! FE::D~_RAlINSURANC,E COMPAfIIY i~ ~uly ifcaFlsed !o'iri'l.nsaci IIdeli'ty and'sUrjlly-business in each ol,lhe Slales olthe,Unjted, Stat§ls-of Ani,?rlcaiDi~!ric:t g! C()lum~ia, Puer16 RIco, and each olth90'
Provinces'9i ,Gan!ida with !h~ e)(cepU~n ot f'rinc¥'~dw!l-"! latand:'al)ct i_s also_d~ly Hc,enl?ed to ~~c~rritl ~01~ ~!-lr",,_ty C;lIi bond~, IindertaKingste1c::, -permitt~d'oi" requIred by I_aw"
~7r~'-7'~'-"'-~~~ ,49',--· _8-,-8,--. ~
PRI~~ED ,U,~A