99-059 Western Pacific Signal & Freeway Electric Inc., De Anza Blvd & Stevens Creek Blvd. Arterial Management Project #9524CONTRACT FOR PUBLIC WORKS qq
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This CONTRACT made on September 3, 1999, by the CITY OF CUPERTINO, a municipal
corporation of the State of California, hereinafter called CITY, and Freeway Electric, Inc.,
hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents:
a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion
Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form.
b. Standard Specifications and Special Provisions.
c. Plans and Specifications
d. Faithful Performance and Labor & Material Bonds
e. Insurance Agreement, Certificate of Insurance„ Endorsement of Primary Insurance, Additional
Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project,'Waiver of
Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation
Endorsement.
f. This Contract for Public Works.
All of the above documents are intended to cooperate so that any work called for in one and not
mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said
documents. The documents comprising the complete contract are sometimes hereinafter referred to
as the Contract Documents. In case of conflict between the Plans and the Specifications on the one
hand, and this Contract on the other, the Plans and Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all labor, methods, processes, tools, and
machinery required to construct to completion and in workable usable order the De Anza Boulevard
and Stevens Creek Boulevard Arterial Management Project, as called for, and in the manner
designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer
and adopted by CITY, which Plans and Specifications are entitled, respectively, Installation of
Equipment for the De Anza Boulevard and Stevens Creek Boulevard Arterial Management
Project, Project No. 9524, and which Plans and Sp, -.cifications are identified by the signatures of the
parties to this Contract. It is understood and agreed that said work shall be performed and completed
as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject
to the inspection and approval of CITY, or its representative. CITY hereby designates as its
representative for the purpose of this Contract the City Engineer, Mr. Bert J. Viskovich.
3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full
payment for the work above agreed to be done, the sum of $80,400.00 (EIGHTY THOUSAND
FOUR HUNDRED AND 00 /100 DOLLARS) subject to additions and/or deductions as provided in
the Contract Documents, per Exhibit A attached hereto.
Contract Page 1 of 6 Oro
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work omitted, or any extra work which
CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR
during the performance of this Contract, said dispute shall be determined either by reference to the
Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in
accordance with the agreement of the parties, or in accordance with Section 4, '`Scope of Work" of
the Standard Specifications.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction of the project, give all
necessary notices, pay all fees required by law, and comply with the laws, ordinances and
regulations relating to the work and to the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities
and provide safe access for inspection by 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 CITY of its readiness for inspection and
without the approval thereof or consent thereto by CITY. Should any such work be covered up
without such notice, approval, or consent, it must, if required by CITY, be uncovered for
examination at CONTRACTOR'S expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time
during the progress of the work require any alterations, deviations, additions or omissions from the
Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and the
same shall in no way affect or make void the Contract, but the cost or value thereof will be added to,
or deducted from, the amount of the Contract pric .-, as the case may be, by a fair and reasonable
valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the
Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be
performed or change be made except by a written order from CITY, duly authorized by resolution of
the City Council, and by all agencies whose approval is required by law, stating that the extra work
or change is authorized, and no claim for an additi.on to the Contract sum shall be valid unless so
ordered.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. 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.
CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if
applicable, or in accordance with the agreement of the parties.
9. TERMINATION, AMENDMENT OR MODIFICATION. 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 modification, shall be determined either by
reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the
agreement of the parties.
Contract Page 2 of 6
11
IIJ
10. TIME FOR COMPLETION. All work. under this Contract shall be completed in
accordance with the Time for Completion section in the Specifications of this project. If
CONTRACTOR shall be delayed in the worl< by the acts or neglect of 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, fare, unusual delay in transportation, unavoidable casualties or any causes beyond
CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which 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.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a
sufficient time in advance of the manufacture, production or testing of materials to be supplied under
this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of
same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be
adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a
receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor
should violate any of the provisions of the Contract, CITY may serve written notice upon
CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such
notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten
(10) 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 (10) days, cease and
terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon
CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving
upon it of notice of termination does not give CITY written notice of its intention to take over and
perform the Contract, or does not commence performance thereof within thirty (30) days from the
date of the serving of such notice, 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 CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to
CITY for any excess cost occasioned by CITY thereby, and in such event 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 CONTRACTOR as may be on the site of the work
and necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to amounts which CITY may retain under other
provisions of the Specifications until final completion and acceptance of all work covered by the
Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its
judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor
and services rendered.
City may apply such withheld amount or amounts to the payment of such claims in its discretion. In
doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CITY
shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY .
shall not be liable to CONTRACTOR for any 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 CITY to ensure performance of the Contract, CONTRACTOR will be entitled to
Contract Page 3 of 6
substitute securities as provided in Section 4590 of the California Government Code as more fully
described in CITY'S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this
Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or
by a duly authorized representative of such party. Any such notice shall not be effective for any
purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either
by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States
mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE
AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to
CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S
duly authorized representative at the site of the project, or by depositing same in the United States
mails enclosed in a sealed envelope, addressed to Freeway Electric, Inc., 345 Commercial Street,
San Jose, CA 95112 -4404, postage prepaid and certified; and (c) if notice is given to
CONTRACTOR'S surety or any other person, either by personal delivery thereof to
CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed
in a sealed envelope; addressed to CONTRACTOR'S surety or person, as the case may be, at the
address of CONTRACTOR'S surety or the address of the person last communicated by such person
to the party giving the notice, postage prepaid and certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys
due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written
approval of CITY..
16'. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by patent or proprietary name, or by
name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in
writing to some other material, process or article offered by CONTRACTOR which is equal in all
respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any
such material, process or article offered as a substitution to the one(s) specified.
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S
employees employed at the site of the project. In, case any work is sublet; CONTRACTOR shall
require any and all subcontractors similarly to provide Worker's Compensation and Employer's
Liability Insurance for all of the latter's employees unless such employees are covered by the
protection afforded to the CONTRACTOR.
In signing this Contract CONTRACTOR makes the following certification, required by Section 1861
of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for worker's compensation or to undertake self
insurance in accordance with the provisions of the Labor Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of
persons (including employees) and property. Th,.- safety provisions of applicable laws, building
codes and construction codes shall be observed. P✓l:achinery, equipment and other hazards shall be
Contract Page 4. of 6
guarded or eliminated in accordance with the safety provisions of the Construction and Safety
Orders issued by the Industrial Accident Commission of the State of California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be
responsible for the cost of repairing or restoring damage to the work caused by Acts of God.
NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain
the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God"
shall include only the following occurrences or conditions and effects: earthquakes and tidal waves,
when such occurrences or conditions and effects have been proclaimed a disaster or state of
emergency by the President of the United States or by the Governor of the State of California, 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, CITY shall not, in
any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage
that may happen to said building, work, or equipment or any part thereof, or in, on, or about the
same during its construction and before acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-
class quality of all work and of all materials, apparatus and equipment used or installed by
CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this
Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which
event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed
by CONTRACTOR will conform with the Plans and Specifications or any written authorized
deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether
latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this
Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY.
2.1. DEFERRED ALTERNATE SELECTION.. The City reserves the right for the term of the
Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates
chosen would be for any sites currently under construction or to be constructed in the future..
Contract Page 5 of 6
P.O. No.
IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate., the day and year '
first hereinabove written.
CITY OF C PERTINO:
By: r
I V 014AGER
Attest:
City CPr
Date: �D-✓ , 1999
City Clerk
APPROVED AS FORM-
City Attorney
PROJECT NAME & NUMBER:
Notary acknowledgment is required. If a
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
I.D. are required. If not a corporation a
Social Security No. is required.
94- 3174188
Social Security # Federal Tax I.D. #
Contractor's License No. 673728 C -10
Installation of Equipment for the De Anza Boulevard
and Stevens Creek Boulevard Arterial Management
Project, Project No, 9524, Federal Aid Project No.
STPLMA- 5318(004)
CONTRACTOR'S NAME & ADDRESS: Freeway Electric, Inc.,
345 Commercial Street
San Jose, CA 95112 -4404
CONTRACT AMOUNT: $80,400.00
ACCOUNT NUMBER: 420 -9524
FILE NO: 74,001.17
Contract Pale 6 of 6
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CAPACrrY CLAIMED BY SIGNER (PRINCIPAL)
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APA 1/94 VALLEY- SIERRA, 800- 362 -3369
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CONTRACT FOR PUBLIC WORKS
This CONTRACT made on September 3, 1999, by the CITY OF CUPERTINO, a municipal
corporation of the State of California, hereinafter called CITY, and Western Pacific Signal LLC,
hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS.
contract documents:
The complete contract consists of the following
a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion
Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form.
b. Standard Specifications and Special Provisions.
c. Plans and Specifications
d. Labor & Material Bonds
e. This Contract for Public Works.
All of the above documents are intended to cooperate so that any work called for in one and not
mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said
documents. The documents comprising the complete contract are sometimes hereinafter referred to
as the Contract Documents. In case of conflict between the Plans and the Specifications on the one
hand, and this Contract on the other, the Plans and Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all materials for the De Anza Boulevard
and Stevens Creek Boulevard Arterial Management. Project, as called for, and in the manner "
designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer
and adopted by CITY, which Plans and Specifications are entitled, respectively, Furnishing
Material for the De Anza Boulevard and Stevens Creek Boulevard Arterial Management Project,
Project-No;-9-5-24, 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 materials shall be furnished, and that said work shall be performed and completed
as required in said Plans and Specifications under the sole direction of CONTRACTOR; but subject
to the inspection and approval of CITY, or its representative. CITY hereby designates as its
representative for the purpose of this Contract the City Engineer, Mr. Bert J. Viskovich.
3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full
payment for the work above agreed to be done, the; sum of $66,525.00 (SIXTY -SIX THOUSAND
FIVE HUNDRED TWENTY -FIVE AND 00 /100 DOLLARS) subject to additions and /or
deductions as provided in the Contract Documents, per Exhibit A attached hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise
respecting the true value. of the work done, or any work omitted, or any' extra work which
CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR
Contract Page I of 6
during the performance of this Contract, said dispure shall be determined either by reference to the
Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in
accordance with the agreement of the parties; or ih .accordance with Section 4, "Scope of Work ", of
the Standard Specifications.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction of the project, give all
necessary notices, pay all fees required by law, and comply with the laws, ordinances and
regulations relating to the work and to the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities
and provide safe access for inspection by 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 CITY of its readiness for inspection and
without the approval thereof or consent thereto by .CITY. Should any such work be covered up
without such notice, approval, or consent, it must, if required by CITY, be uncovered for
examination at CONTRACTOR'S expense.
7. EXTRA OR ADDITIONAL WORK AND CE[ANGES. . Should CITY at any time
during the progress of the work require any alterations, deviations, additions or omissions from the
Plans and Specifications or the Contract Documents,' CITY shall have the right to do so, and the
same shall in no way affect or make void the Contract, but the cost or value thereof will be added to,
or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable
valuation,, which shall be determined either by reference to the Unit Prices bid, if applicable, the
Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be
performed or change be made except by a written order from CITY, duly authorized by resolution of
the City Council, and by all agencies whose approval is required by law, stating that the extra work
or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so
ordered.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. 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.
CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if
applicable, or in accordance with the agreement of the parties. '
9. TERMINATION, AMENDMENT OR MODIFICATION. 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 modification, shall be determined either by
reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the
agreement of the parties.
Contract Page 2 of 6
10. TIME FOR COMPLETION. All work under this Contract shall be completed in
accordance with the Time for Completion section and the Specifications of this project. If
CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or
those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by
others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond
CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which 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.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a
sufficient time in advance of the manufacture, production or testing of materials to be supplied under
this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of
same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be
'adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a
receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor
should violate any of the provisions of the Contract, CITY may serve written notice upon
CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such
notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten
(10) 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 (10) days, cease and
terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon
CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving
upon it of notice of termination does not give CITY written notice of its intention to take over and
perform .the Contract, or does notcommence performance thereof within thirty (30) days from the
date of the serving of such notice, 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 CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be Iiable to
CITY for any excess cost occasioned by CITY thereby, and in such event 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 CONTRACTOR as may be on the site of the work
and necessary therefor.
---1111-v—
TO WITIiHOLD CERTAIN - AMOUNTS AND MAKE
(� In addition to amounts which CITY may retain under other
v
:itil final completion and acceptance of all work covered by the
i payment to CO:i\4TRACTOR such an amount or amounts as in its
y just claims against CONTRACTOR or subcontractors for labor
Is furnished in and about the work.
fount or amounts to the payment of such claims in its discretion. In
the agent of CONTRACTOR, and any payment so made by CITY
e� t made under the Contract by CITY to CONTRACTOR, and CITY
["TOR for any payment made in good faith. Such payment may be
ermination of the claim or claims. With respect to any retention of
- j Contract Page 3 of 6
payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to
substitute securities as provided in Section 4590 of the California Government Code as more fully
described in CITY'S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this
Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or
by a duly authorized representative of such party. Any such notice shall not be effective for any
purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either
by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States
mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE
AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to
CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S
duly authorized representative at the site of the project, or by depositing same in the United States
mails enclosed in a sealed envelope, addressed to Western Pacific Signal LLC, 20993 Foothill
Boulevard, Hayward, CA 94541, postage ,prepaid and certified; and (c) if notice is given to
CONTRACTOR'S surety or any other person, either by personal delivery thereof to
CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed
in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the
address of CONTRACTOR'S surety or the address of the person last communicated by such person
to the party giving the notice, postage prepaid and certified.
1.5. ASSIGNMENT OF CONTRACT. ' Neither the Contract, nor any part thereof, nor moneys
due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written
approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by patent or proprietary name, or by
name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in
writing to some other material, process or article offered by CONTRACTOR which is equal in all
respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any
such material, process or article offered as a substitution to the one(s) specified.
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S'
employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall
require any and all subcontractors similarly to provide Worker's Compensation and Employer's
Liability Insurance for all of the latter's employees unless such employees are covered by the
protection afforded to the CONTRACTOR.
In signing this Contract CONTRACTOR makes the following certification, required by Section 1861
of the Labor Code: "I am aware. of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for worker's compensation or to undertake self
insurance in accordance with the provisions of t:he Labor Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
Contract Pave 4 of 6
i
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of
persons, (including employees) and property. The safety provisions of applicable laws, building
codes 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 and Safety
Orders issued by the Industrial Accident Commission,of the State of California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be
responsible for the cost of repairing or restoring damage to the work caused by Acts of God.
NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain
the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God"
shall include only the following occurrences or conditions and effects: earthquakes and tidal waves,
when such occurrences or conditions and effects have been proclaimed a disaster or state of
emergency by the President of the United States or by the Governor of the State of California, or
were of a magnitude at the site of the work sufficii;nt to have caused a proclamation of disaster or
state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in
any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage
that may happen to, said building, work, or equipment or any part thereof, or in, on, or about the
same during its construction and before acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first -
class quality of all work and of all materials, apparatus and equipment used or installed by
CONTRACTOR. or by any subcontractor or supplier in the project which is the subject of this
Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which
event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed
by CONTRACTOR will conform with the Plans and Specifications or any written authorized
deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether
latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this
Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY.
21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the
Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates
chosen would be for any sites currently under construction or to be constructed in the future.
Contract Page 5 of 6
i
P.O. No.
IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year
first hereinabove Written.
CITY OF CU- PF.RTINO:
AGER
Attest: r�"
City CI
Date: ®e� -W , 1999
City Clerk
CONTRACTOR:
Western Pacific Signal, LLC
Do ld R. S u P
By:
Notary acknowledgment is required. If a
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
I.D. are required. If not a corporation a
Social Security No. is required.
N/A 94- 3273638
Social Security # . Federal Tax I.D. #
APPROVED TO F
Contractor's License No. NONE
J.rC►eo..�.�s��o,..
SUSAN O'CONNOit
C6 Attorney =r 1 COMM. #.1140280
U a � NOTARY PUR IC CAUMPMA
CL SAN FRANCISCO COUNIT
Expires may 39i 1^001
PROJECT NAME & NUMBER: Furnishing Material for the De Anza Boulevard and
Stevens Creek Boulevard Arterial Management
Project, Project No. 9524, Federal Aid
Project No. STPLMA- 5318(004)
CONTRACTOR'S NAME & ADDRESS: Western Pacific Signal LLC
20993 Foothill Boulevard
Hayward, CA 94541
CONTRACT AMOUNT: $66,525.00
ACCOUNT NUMBER: 420 -9524
FILE NO: 74,001.17
Contract Page 6 of 6
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and Western Pacific Signal LLC,
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 furnishing material by Principal for the
De Anza Boulevard and Stevens Creek Boulevard Arterial Management Project, Project No. 9524,
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 subcontractors, shall fail to pay for materials,
provisions, provender or other supplies or teams used in, upon, for or about the performance of 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, Western Pacific Signal LLC, as Principal, and
Western Pacific Signal, LLC as Surety,
(bonding company's name)
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 about the
performance 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 $66,525.00
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any
materials, provisions, provender or other supplies or teams used in, upon, for or about the
performance of the work contracted to be done, or 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 insure-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 1 of 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, alteration or'
addition to the terms of the contract or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety
this 14th day of October , 1999.
(To be signed by Principal and Surety. Notary acknowledgments required.)
CONTRACTOR
Wes ternTj ci ' S' LL —
20993 FoothX B v
Suite 214
I I)-\ H CA 94541 f na'd 7 Y P
rmcipa
Amud ik'., At�, - VP __ .,
ttrety western Pact �nal; L C
20993 boo Blvd
Street Address: Suite 214 _
City, State, Zip H<1war4 CA 94541
C
Attorney -In -Fact
The above bond is accepted and approved this _day of , 19
Labor and Material 3ond Page 2 of 2
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
Pry d
DOCUMENT: 15573587
PWi�hMVIViINIIiV���JN91i�Mf
Titles:l / Pages: 3
Fees....+ No Fees
Taxes...
Copies..
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
CERTIFICATE OF COMPLETION AND NOTICE
OF ACCEPTANCE OF COMPLETION
DE ANZA BOULEVARD AND STEVENS CREEK BOULEVARD
ARTERIAL MANAGEMENT PROJECT,
PROJECT 9524
RDE # 906
2/27/2001
2:56 PM
Original
0 For Fast Endorsement
(tat
CITY OF
CUPEI�TINO
Jq6-�)
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
-►D
NOTICE OF ACCEPTANCE OF COMPLETION
DE ANZA BOULEVARD AND STEVENS CREEK BOULEVARD
ARTERIAL MANAGEMENT PROJECT, PROJECT 9524
NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and
City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements
hereinafter described in the contract for doing which was entered into by and between the City of
Cupertino and Western Pacific Signal, LLP and Freeway Electric, Inc, on September 3, 1999, in
accordance with the plans and specifications for said work, have been completed to my satisfaction and
acceptance of completion was ordered by the City Council on January 16, 2001.
That said work and improvements consisted of furnishing all labor, materials, tools, and
equipment required to complete said project, all as more particularly described in the plans and
specifications for said project.
February 27, 2001
Wam� LOL" u us
Director of Public Works and 04
City Engineer of the City of Cupertino
Printed on Recycled Paper
VERIFICATION
I have reviewed this Certificate of Completion and to the best of my knowledge, the
information contained herein is true and complete.
I verify under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.
Executed on the 27th day of February, 2001 at Cupertino, California.
61v�--,--
,yquy-"—
Deputy
City Clerk
City Clerk's Office
City of Cupertino