88-040 G.A.B. Construction, Inc., Traffic Signal Detector Installation, Project No. 110-996-733CONTRACT FOR PUBLIC WORKS
CONTRACT made on July 7, 1988 by the CIT'! OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and G.A.B. Construction, Inc.
,hereinafter called the CONTRACTOR.
IT IS HEREB'! AGREED by the parties as follows,'
1. THE CONTRACT DOCUMENTS. The complete contract consists of the
following contract documents.
A. Plans and Specifications for Traffic Signal Detector Installation
on various streets at various intersections. Project 110-996-733.
B. Faithful Performance Bond, Labor and Materials Bond,
Insurance Certificate
C. This Contract
D. Bid Proposal referred to as Exhibit A
Any and all obligations of the CIT'! and the CONTRACTOR are fully
set forth and described herein.
'All of the above documents are inten~ed to cooperate so that any
work called for in one and not mentioned in the other,' or vice
versa, is to be executed the same as if mentioned in all of said
documents. The documents comprising the complete contract are
sometimes hereinafter referred to as the Contract Documents. In
case of conflict between the Plans and the Specifications on the
one hand, and this Contract on the other, the Plans and
Specifications shall prevail.
2. THE WORK. The Contractor agrees to furnish all of the tools.
equipment, apparatus, facilities, labor, transportation, and
material necessary to perform and complete in a good and
workmanlike manner, the work of
as called for, and in the
manner designated in, and in strict conformity with, the plans and
Specifications prepared by: Mr. Bert J. Viskovich, Director of
Public Works and adopted by the Ci~ty, which Plans and
Specifications are entitled, respectively,
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and which plans and Specifications are identified by the signatures
of the parties to this Contract. It is understood and agreed that
said tools, equipment, apparatus, facilities, labor,
transportation, and material shall be furnished, and that said work
shall be performed and completed as required in said Plans and
Specifications under the sole direction of the Contractor, but
subject to the inspection and approval of the Ci ty, or its
representative. 1'he city hereby designates as its representative
for tbe purpose of this Contract: Mr. Bert J. Viskovich, Director
of Public Works. .
3. CONTRACT PRICE. The City agrees to pay, and the Contractor
agrees to accept, in full payment for tbe work aboye agreed to be
done, the sum of: TWENTY-TWO THOUSAND AND 00/100 DOLLARS ($22,000.00)
subject to ad91 tlons and deductions as provided in the 'contract
Documents, per gxhibit "An attacbed hereto.
4. DISPUTES pgRTAINHIG TO PAYMENT ,'OR wORK. Should any dispute
arise respecting the true value of the work done, or any work
omitted, or of any extra work which the contractor may be required
to do, or respecting tbe size of any payment to the Contractor
during the performance of this Contract, said dispute shall be
determined eitber by reference to the unit of prices, if
applicable, or in accordance with tbe agreement" of prices, if
applicable, or in accordance witb the agreement of the parties, or
in accordance with the rules of the American Arbitration
Association if the parties are unable to agree.
5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his
expense, obtain all. necessary permits and licenses, easements,
e~c., for the construction of the project, give all necessary
notices, pay. all fees required by law, and comply with all laws,
ordinances, rules and regulations relating to the work and to the
preservation of the public health and safety.
6. INSPECTION BY THE CITY. The Contractor shall at all times
maintain proper facilities and provide safe accesS for inspection
by the City to all parts of the work, and to the shops wherein the
work is in preparation. Where the Specifications require work to
be specially tested or approved, it shall not be tested or covered
up without timely notice to the City of its readiness for
inspection and without the approval thereof or consent thereto by
the latter. Should any such work be covered up without such
notice, approval, or consent, it must, if required by the city. be
uncovered for examination at the Contractor's expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any
time during the progress of the work requir~ any alterations,
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I deviations, additions or omissions from the Specifications or Plans
or the Contract Documents, it shail have the right to do so, and
the same shall in no way affect or make void the contract, but the
cost or value thereof will be added to, or deducted from, the
amount of the contract price, as the case may be, by a fair and
reasonable valuation, which valuation shall be determined either by
reference to the unit prices, if applicable, or in accordance with
the agreement of the parties, or in accordance with the rules of
the ~erican Arbitration Association if the parties are unable to
agree. No extra work shall be performed or change be made except
by a written order from the city, duly authorized by resolution of
its governing body, and by all agencies whose approval is required
by law, stating that,the extra work or change is authorized, and no
claim f~r an addition to the contract sum shall be valid unless so
ordered.
6. CHANGES '1'0 MEET EN..,lRONMEN'rAL REQUIREMENTS. The ci ty shall
have the right to make changes in this Contract durin; the course
of construction to bring the completed improvements into compliance
with environmental requirements or standards established by State
and Federal statutes and regulations after the Contract has been
awarded or entered into. The Contractor shall be paid for by such
cnanges either by reference to the unit prices, if applicable, or
in accordance with the agreement of the parties, or in accordance
with the rules of the American Arbitration Association if the
parties are unable to a;ree.
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract.may
be terminated, amended or modified, with the mutual consent of the
parties. The compensation payable, if any, for such termination,
amendment or modifications, shall be determined either by reference
to the unit price, if applicable, or in accordance with the
ag'reement of the parties, or .in accordance with the rules of the
American Arbitration Association if the parties are unable to
agree.
10. TIME FOR COMPLETION. All work under this Contract shall be
completed I
JUNE 17, 1988
If the Contractor shall be delayed in the work by the acts Ot"
neglect of the City, or its employees, or those under it by
contract or otherwise, or by changes ordered in the work, or by
strikes, lockouts by others, fire, unusual delay in transportation,
unavoidable casual,ties or any causes beyond the Contractor's
control, or by delay authorized by the City, or by any cause which
the City shall determine justifies the delay, then the time of completion shall be extended accordingly.
This paragraph does not exclude the recovery of damages for delay
by either party under other provisions in the Contract Documents.
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11. INSPECTION AND TESTING 'op' MATEIUI\LS. The Contractor shall
notify the city a sufficient time in advance of the manufacture or
production of materials to be supplied by him u·nder this Contract.,
in order that the City may arrange fo~ mill or factory inspection
and testing of the,sam.e, if the City requests such notice from the
Contractor.
12. TERMINATION FOR BREACH, ETC. 1f the Contractor should be
adjudged a bankrupt, or if he should make a .general assignment for
the benefit of his creditors, or if a receiver should be appointed
'on account of his insolvency, or if he or any of his subcontractors
should violate any of the provisions of the Contract, the City may
serve written notice upon him and his surety of its intention to
terminate the Contract, such notice to contain the reasons for such
intentLon to terminate the Contract, and unless within ten days
after serving of such notice, such violation shall cease and
satisfactory arrangements for corrections thereof be made, the
Contract shall, upon the expiration of said ten days, cease and
terminate. In the event of any such termination, the City Shall
immediately serve written notice thereof upon the surety and the
Contractor, and the surety shall have the right to take over and
perform the Contract: provided, however, that, if the aurety within
fifteen days after the serving upon it of notice of termination
does not give the City written notice of its intention to take over
and perform the Contract, or does not commence performance thereof
within thirty days from the date of the serving of auch notice, the
city may take over the work and prosecute the same to completion by
contract, or by any other method it may deem advisable, for the
account and at the expense of the Contractor, and the Contractor
and his surety shall be liable to the City for any excess cost
occasioned by the City thereby, and in such event the City may,
without liability for so doing, take possession of, and utilize in
completing the work, such materials, appliances, plant and other
property belonging to the Contractor as may be on the site of the
~ork and necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount which the City may
retain under Paragraph 21 of this contrBct until the final.
completion and acceptance of al~ work covered by the Contract, the
City may withhold f'rom payment to the Contractor !luch an amount or
amounts as in its judgment may be necessary to pay just claims
against the Contractor or any subcontractors for labor and services
rendered and materials furnished in and about the work. The City
may apply such withheld amount or amounts to the payment of such
claims in its discretion. In so doing, the City shall be deemed
the agent of the Contractor, and any payment so made by the City
shall be considered as a payment made under the Contract by the
City to the Contractor, and the City shall not be liable to the
Contractor for any such payment made in good faith. Such payment
may be made without prior judicial determination of the claim or
claims. with respect to any retention of payment by the City to.
ensore performance of the contract, Contractor will be entitled to
substitute securities 'as provided in Section 4590 of the California
Government Code ss more fully descr1bed in the City'S" Notice to
Contractors.
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14. NOTICE AND SERVICE THEREOF. Any notice from one party to
the other under this Contract shall be in writing, and shall be
dated and signed either by the party giving such-notice, or by a
duly authorized representative of such party. Any such notice
shall not be effective for any purpose whatsoever unless served in
the following manner. (al if the notice is given to the City
either by personal delivery thereof to the City Manager of the
city, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to the city, postage
prepaid and certified; (b) if the notice is given to the
Contractor, either by personal delivery thereof to the Contractor,
or to his duly authorized representative at the site of the
project, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to said Contractor at.
670 COLEMAN AVENUE
SAN JOSE, CA 95110
postage prepaid and certified, and (cl if the notice is given to
the surety or any other p~rso~, either by personal delivery to such
surety or other person, or by depositing the same in the united
States mails, enclosed in a sealed envelope, addreSSed to such
surety or person, as the case may be, at the address of such surety
or person last communicated by him to the party giving the notice,
postage prepaid and certified.
15. ASSIGNMENT Of' CONTRACT. Neither
thereof, nor moneys due or to become
assigned by the Contractor without the
the Ci ty.
the Contract, nor any part
due chereunder, may be
prior written approval of
16. COMPLIANCE WITH SI'ECIFlCA'L'lONS OF MATERIALS. Whenever in
the Specifications, any material or process is indicated or
specified by patent or proprietary name, or by name of
manufacturer, such Specifications must be met by Contractor, unless
toe City agrees in writing to some other material, process or
article offered by contractor which is equal in all respects to the
one specified.
11. CONTRACT SECURITY. The Contractor shall furnish a surety
bond in an amount at least equal to one hundred percent (100') of
the contract price as security for the faithful performance of this
Contract. The Contractor shall also furnish a separate surety bond
in an amount at least equal to one hundred percent (100\) of the-
contract price as security for the payment of all persons for
furnishing materials, provisions, provender, or other supplies,
used in, upon, for or about the performance of the work contracted
to be done, or for performing any work or labo~ thereon of any
kind, and for the payment of amounts due under the Unemployment
Insurance Code with respect to such work or labor in connection
with this Contract, and for the payment of a reasonable attorney's
fee to be fixed by the court in case suit,is brought upon the bond.
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18. INSURANCE. The Contractor shall not commence work under
this Contract until he has obtained all insurance required by the
City, nor shall the Contractor allow any subcontractor to commence
work on his subcontract. until all similar insurance required of the
subcontractor has been so obtained and approved. The Contractor
shall furnish the City with satisfactory proof of the carriage of
insurance required, and there shall be a specific contractual
liability endorsement extending the Contractor's cov@rage to
include the contractual liability assumed by the Contractor
pursuant to this Contract and particularly Paragraph 19 hereof.
Any policy of insurance required of the Contractor under this
Contract shall also contain an endorsement providing that thirty
(30) days' notice must be given in writing to the City of any
pending change in the limits of liability or of any cancellation or
modifi~ation of the policy,
(a) WORRER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take .ut and maintain during the
life of this Contract Worker'S Compensation Insurance and
Employer's Liability Insurance for all of his employees employed
at the site of the project and,in case any work i3 sublet, the
Contractor shall require the subcontractor similarly to provide
Worker'S compensation Insurance and Employer's Liability
Insurance for all of the latter's employees unless such employees
are covered by the protection afforded by the Contractor.
In signing this contract the Contractor ma~es the following
certification, required by Section 1861 of the Labor Codel
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
worker's compensation or to undertake self insurance in
accordance with the provisions of the Code, and I will comply
with such provisions before co~encing the performanca of the
work of this contract,"
(b) LIABILITY INSURANCE. The contractor shall taka out and
maintain during the life of this Contract such Bodily Injury
Liability and Property Damage Liability Insurance as Shall
protect him and any subcontractor performing work covered by this
Contract from claims for property, damage, including third-party
property damage, to include' coverage on property in the care,
custody and control of the Contractor, and also excluding what
are commonly known as the ·X, C, and U' exclusions (having to do'
with blasting, collapse, and underground property damage), which
may arise from Contractor's operations under this Contract,
Whether such operations be by himself or by any subcontractor or
by anyone directly or indirectly employed by either of them and
the amounts of such insurance shall be as followsl
Bodily Injury Liability Insurance in an amount not less than
$300,000.00 for injuries, including accidental death, to any. one
person, and SUbject to the same limit for each person, in an
amount not less than $500,000. 00 on account of one accident, and
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Property Damage Liability Insurance in an amount not less than
$250,000.00. The city and its officers and employees, shall be
named as additional' insureds on any such policies of insurance,
which shall also contain a provision that the insurance afforded
thereby to the city, its officers and employees, shall be primary
insurance to the full limits of liability of the policy and that
if the city, or its officers and employees, have other ,insurance
against a loss covered by such policy, such other insurance shall
be excess insurance only. '
19. HOLD HARMLESS. The Contractor will save, keep, and hold
harmless ,the City and all officers, employees, and'agents thereof
from all damages, costs, or expenses, in law or in equity, that may
at any ,time arise or be set up because of personal injury or damage
to property sustained by any person or persons by reason of, or in
the course of the performance of said work, or by reason of any
infringement or alleged infringement of the patent rights of any·
person or persons, firm or corporation in consequence of the use
in, on, or about said work, of any article or material supplied or
installed under this Contract. Notwithstanding the above, the
Contractor shall wherever it is necessary keep and'maintain at his
sale cost and expense during the course of his operations under
this Contract such warnings, signs, and barriers as may be required
to protect the public. The provisions of the preceding sentence
shall not impose any liability upon the city and are for the
express benefit of the general public.
20. HOORS OF NORK. Eight hours of labor during ary one calendar
day and forty hours of labor during anyone calendar week shall
constitute the maximum hours of service upon all work done
hereunder, and it is expressly stipulated that no laborer, workman,
or mechanic employed at any time by the Contractor or by any
subeontrac.tor or subcontractors under this Contract, upon the work
or upon any part of the work contemplated by this contract, shall
b~-required, or permitted to work thereon more than' eight hours
durin9 anyone calendar d~y and forty hours during anyone calendar
week, except, as provided by Section lS15 of the Labor Code of the
State of California, 'work performed by employees of contractors in
excess of eight hours per day and forty hours during anyone week
shall be permitted upon public work upon compensation for all hours
worked in excess of eight hours per day at not less than one and
one-half times the basic rate of pay. It is ftlrther expressly
stipulated that for each and every violation of Sections 1811-1a15,
inclusive, of the' Labor Code of the State of California, all the'
provisi9na whereof are deemed to be incorporated, herein, the
Contractor shall forfeit, as a penalty totha City, twenty-five
dollars ($25.00) for' each laborer, worker, or mechanic employed in
the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during,
which saie! laborer, worker, or . mechanic is required or permitted to
w()rlc more than eight hours in anyone cal.endar 'day and forty hours
in anyone calendar week in violation of the provisions of said
Sections of the Labor Code.
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The contractor, and each subcontractor, shall keep an accurate
record showing the names of and actual hours worked each calendar
tay and each calendar 'week by all laborers, workmen, and mechanics
dmployed by him 'in connection with the work contemplated by this
Contract, which rec'o.d ,shall be open at all reasonable hOUr!! to the
inspection of the city of its officers or agents and to the
Division of Labor Law Enforcement of the Department of Industrial
Relationa of the State of california.
21. WAGE RATES. pursuant to the Labor Code of the State of
california, or local law thereto applicable, the city has ~scertained the general prevailing rate of per diem wages and rates
for holidays and overtIme in the locality in which thia work is to
~ pertormed, for each craft, classification, or type of laborer,
wgrkman, or mechanic needed to execute this, Contraet, The
prevailing wages so determined are set forth in the Speeifications
and made a pert hereof. Neither the notice inviting bids nor this
Contract Shall constitute a representation of' fact as to the
prevailing wage rates upon Which the contractor or any',
subcontractor under him may base any claim aqainst the city.
+776. (al Each contractor and subcontractor shall keep an
accurate payroll record, showinq the name, address, social security
number, work classification', straight time and overtime hours
worked each day and week, and the actual per diem Wages paid to
each journeyman, apprentice, worker, or other employee employed b~
him or her connection with the public work.
(bl The
certified
hours at
basis:
payroll records enumerated
and shall be available for
the principal office of
under subdivision (al shall be
inspection at all reasonable
the contractor on the following
(1) A certified copy of an employee's payroll record 9hall be
made available for inspection or furnished to such employee or
h'is or her authorized representative on request.
Il) A certified copy of all payroll records enumerated in
suodivision (a) shall' be made available for inspection or
furnished upon ,request to a representative of the body awarding
the contract, the Division of Labor Standards Enforcement and
the' Division of Apprenticeship Standards of the Department, of
Industrial Relations.
(3) A certified copy of all payroll records enumerated in
subdivision (al shall be made available upon requeat to the
public for inspection or copies thereof made, provided,
however, that a request by the public shall be made through,
either the body awarding the contract, the Division of,
Apprenticeship Standards, or the Division of Labor Standards
Enforcemen~. The public shall not be, given access to such
records ae the principal office of ~he Contractor.
(cl Each contractor shall file
~numerated in subdivision (al with
records within ten (lOl days after
a certified copy of the records
the entity that' requested such
receipt of a written request.
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(d) Any copy of records, made available for inspection as copies
anp £urnished upon request to the public or any public agency by
the awarding bids, the Divis ion of Apprenticeahip standards -or the
Division of Labor Standards Enforcement shall be marked or
obliterated in such' a manner as to prevent disclosure of an
individual's name, address and social security number. The name
and address of the Contractor awarded the contract or performing
the contract shall not be marked or obliterated.
Ie) The Contractor shall inform the body aWarding the contract of
the location of the records enumerated under subdivision (a),
including the street ad4ress, city and county and shall, within
five working days, provide a notice, of a change of location and
addresS".
If J In the event of noncompliance with the requirements of this
section, the Contractor,shall have ten (10) days in which to comply
subsequent to receipt of wriUen notice specifying' in what respects
such Contractor must comply with th-is lection. Should
noncompliance still be evident after such ten (101 day period, the
Contractor shall" as a penalty to bhe state of political
subdivision on whoae behalf the contract is made or awarded,
forfeit twenty-five dollars ($25.00) for each calendar day or
portion-thereof, for each worker, until strict compliance is
effectuated. upon tne request of the Division of Apprenticeship
Standards or the Division of Labor Standa-rds Enforcement, !luch
penalties shall be withheld from progress payments then due.
Ig) The body awarding the contract shall cause to be inserted in
the contract stipulations to effectuate this section. Such
stipulations" !lh'all fix the responsibUity for compliance with this
!lection on the prime contractor.
1h) The director shall adopt. rules consistent with the California
public Record!l Act, ICh; 3.5 (commencing with Seotion 625D) of Div.
7, Title 1.-Gov. Ch.) and the Information Pract:ioes Act of 1977,
(Title 1.8 (oommencing with Sec. ,17991 Pt •• , Di'l. J, civ. C.l
governing the release of !luch records, including the establishment
of reasonable fees to be charged for reproducing copies of records
required by this section. (Added by StatS. 1978, eh. 12.91.
1775.S Nothing-in this chapter shall prevent the employment of
properly registered apprentices upon public work.
Every such apprentice shall ,be paid the
apprentices under the regulations of the craft
is employed, and shall be employed only at the
trade to which he is registered. ,
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standard wage paid to
or trade at which he
work ~f the craft or
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Only apprentices, as defined in Section 3077, who are in traininq
under apprenticeship standards and written apprentice aqreements
under chapter 4 (commencinq with section 3070), Division 3, of the
Labor code, aree'liqible to be employed on public works. The
employment and traininq, of each apprentice Shall be in accordance
with the provisions of the apprenticeship standards and apprentice
aqreements under which he is traininq.
When the Contractor to whom the contract is awarded by the state
or any political subdivision, or any subcontractor under him, in
performinq any of the wor~ under the contract or subcontract.
employs workmen in any, apprenticeable craft or trade, the
Contractor and subcontractor shall apply to the joint
apprenticeship committee administerinq the apprenticeship standards
of the craft or trade In the area of the site 'or tbe public wor~
for a certificate approvinq the Contractor or subcontractor under
the apprenticeship standards for the employment; and, trainin~ of
apprenticeships in the area or industry affected, provided.
however, that the approval as established by the joint
apprenticeship committee or committees shall be lubject to the
approval of, the Administrator of Apprenticeship. The joint
apprenticeship or committees, subsequent to approvinq the subject
contractor or subcontractor, shall arranqe for the dispatch of
apprentices to the Contractor or subcontractor in order to comply
with this section. There shall be an affirmative duty upon the
joint apprenticeship committee or committees .administering the
apprenticeship standards of the craft or trade in the area of the
si te of the public work to ensure equal employment and affirmative
action in apprenticeship for women and minorities. Contractors or
subcontractors shall not be required to submit individual
applications for approval to local joint apprenticeship committees
provided they are already covered by the local apprenticeship
st~ndards. The ratio of apprentices to journeymen who shall be
employed in the craft or trade on' the public work may be the ratio
~ipulated 'in the apprenticeship standards under which the joint
apprenticeship committee operates but in no case shall ~he ratio be
lees than one apprentice for each five journeymen, except as
otherwise provided in this section.
The Contractor or subcontractor, if he is covered by this
section, upon the issuance of the approval certificate, or if he
has been previously approved in such craft or trade, shall employ
t~e number of apprentices or the ratio of apprentices to journeymen'
stipulated i~ the apprenticeship standards. Upon pr,oper showinq by'
the Contractor that he employs apprentices in such cralt or trade
In the state on all of this contract on an annual averaqe of not
less than, one apprentice' to each five journeymen, the Division of
Apprenticeship Standards may qrant a certificate exemptinq the
Contractor for the l-to-5 ratio as set forth in this section. This
section ahall not apply to contracts of qeneral contractors
inv01vinq less than thirty thousand ($ 30,,000 .00) or twenty (20)
workinq days or to contracts of specialty contractors not biddinq
for work throuqh a qeneral or prime contractor, involving less than
two thousand dollars ($2,000.00) or fewer than Hve (S) workinq days.
Paqe 10
"Apprenticeable craft or trade," as used in this section, snall
mean a craft or trade determined as an apprenticeable occupation in
accordance with rules and regulations prescribed by the
Apprenticeship council. The joint apprenticeship committee shall
have the discretion ,to grant a certificate, which'shall be subject
to the approval o'f the Adminhtrator of Apprenticeship, exempting a
contractor from the I-to-5 ratio set forth in this section When it
linda that anyone ol the lollowing conditions are metl
(a) In the event unemployment for the previous three month period
in such ar~a exceedS an average ol 15 percent, or
(bl In the event the number of apprentioes in training in such
area eXgeeds a ratio of l~to-S, or
(0) If there is a showing that the apprentioeable cralt or trade
is replacing at least one-thirtieth of its journeymen annually
through apprenticeship training, either (lIon a statewide basis,
or 121 on a looal basis. '
Idl Il assignment ol an app~entioe to any work perlormed under a
public works contract would oreate a condition which would
jeopardiZe his lile or the life, safety, or property ol fellow
employees of the public 'at large il the speoilic task to Which the
apprentice .
When suoh exemptions are granted to an organization whioh'
represents contraotors in a speoific trade from the 1 to 5 ratio on
a looal or statewide bash the me mb.e r contractors will not be
required to submit individual applications for approval to looal
joint apprenticeship oommittees, provided they are already covered
by the local apprentioeship standards.
A oontraotor to whom the oontract is awarded, or any
subcontraotor under him, who, in performing any ol tbe work. under
th-e ,oontraot, employs journeymen, or apprentices in any
apprentioeable craft or trade and who is not contributing to a
fund or lunds to administer and conduot the apprentioeship program in any, such craft or trade in the area ol the site of the publio
work, to wbioh fund or lunds other oontraotors in the area of the
site of the publio work are oontributing, shall contribute to the
fund or funds in eaoh oralt or trade in which be employs journeymen
or apprentioes on the public work in the same amount or upon the
same basis and in the same manner as the other contractors do, but
where the trust fund administrators' are unable to aocept such
funds, contractors not signatory to the trust agreement shall pay a
like amount to the calilornia Apprenticeship Council. The
contractor ,or subcontraotor may add the amount of such
contributions in computing his bid for the contract. The Division
of tabo~'Standards Enforcement is authorized to enforce the payment'
bl lueh"c!dntrlbutiona to the fund or funds as set forth in Section 227. -' ,
" ...
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The body awardin9 the contract shall cause to be Insereed ,in the
coneract stipUlations to effectuate thls seceion. Such
stipUlations shall fix the responsibility of compliance with this section for ,all apl'renticeable occupations wieh ehe prime
contractor.
All decisions of ,the :Joint apprenticuhip cOl\llllieeee under this
seceion are subject to the l'rovisions of Section jOS1., (Amended by
Seaes. 1976, ch. 1179)
1777.6 It shall be unlawful for anamployer of a lab9r union to
refuse eo accept otherwise qualified employ.es as reqistered
apprenti'cell on any public works, on the qround of the race,
reli9ious creed, color, national ori9!n, IInCesery" sex, ,or aqe,
except as provided in Section 3077, of such employee. (Amended by
stat. 1976, Ch. 1179) ,
1777.7 (a) In ehe event a contractor willfully fails to comply
with the provisions of section 1777.5, such contractor ahalll
(1) Be denied the riqhe eo bid on any public
period of one year from the date the
noncompliance ,is lIIade by ehe Adminiserator of
works coneract for a
deeermination of
~prenticeship, and
(21 Forteie as a clvil penalty in the sum of flfey dollars
(SSO.OOI for each calendar day of noncompliance. Noehwithstandinq
the provisioni of Seceion 1727, upon receil'e of such a
determination ehe awardinq body shall withhold from coneract
proqress paymenes ehen due or to become due sucb sum.
t b) Any' such ' de ter'lllination shall be issued afear a full
investiqation, a fair and impartial hearinq, and reasonable .notice
thereof in accordance with reasonable ~les and procedures
p:escribed by the California Apprenticeship council.
_ Icl Any "funds withheld by the awardinq body pursuant to this
lection shall ,be deposited in the qeneral fund if the awarding body
is a state entity, or in the e~uivalent fund of an awardin9 body if
such awardinq body is an entity other than the seaee.
The interpretatlon and enforcement of Sections 1777.5 and 1777.7
shall be' in accordance' wieh ehe rules and procedures of the
California Apprenticeship Council. (Amended by Stats. 1978, Ch.
12491
I.t sh'all be mandatory upon the contractor, ,and upon any
,subcontractor under him, to pay not less than the said specified
rates to all laborers, vorltme:1, and mechanics Q1IIployed in the
execution of the Contract. It is further expressly stipulated that
the,Contraceor shall, as a penalty to the City, forfeit twenty-five
,', dollari '($:1.5.001 for each calendar day,' or portion ehereof, for
,.;':: !tAch labo,rer I 'Workman, or mechanic paid less I:.han the stipulated i:;,~tl1'ayU1in~ rates £01' any 'Work done under this Contract by him,or by ,.iii',:: ant .i1:lbeonthctor under 'Work done under this Con trace by him or by -:."!~':' 4t1y IlUbc:ontractor under him, and contractor aqrees 1:.0 comply 'With .... 411 provisions of Section 1775 of the Labor Code.
Paqe 12
Incase it' becomes necessary for the Contractor or any
sUbcontractor to employ on the project under this contract, any
person in a trade or. occupa\:ion (except executives, supervisory,
administrative, clerical, or other non-manual workers as such) for
which no minimum .wage rate .is herein specified, the Contractor
shall immediately notify the city, who will promptly thereafter
determine the pre.vailing rate for such addltional trade or
occupation and shall furnish the Contractor with the minimum rate
based thereon. The minimum rate thus furnished shall be appUcable
as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the
continuance of such employment.
22. ACCIDENT PREVENTION. Precaution shall be exercised at all
times .for the protection" of persons (including employees) and
property. The safety provisions of applicable laws, building and
construction codes shall be observed. Machinery, equipment, and
other hazards shall be gUarded.or eliminated in accordance with the
safety provisions of the Construction Safety Orders issued'by the
Industrial Accident Commission of the State of California.
23. PAYMENT. Payment will be made in accordance with the attached payment
schedule. TheCity will make partial payment to' the Contractor on the
basis of a duly certified approval estimate of the work performed
and materials incorporated in the project, during the preceding
calendar month, by the contractor, but the City will retain ten
percent (10') of the amount of each of'said estimates until the
expiration of thirty-five (35) days from the d~te of recording by
the .City of notice of acceptance of completion of all work covered
by this Contract, if such notice be recorded within ten days after
the a.cceptance of completion of such Contract as evidenced by
resolution of its governing body; or, if such notice be not so
recorded within ien days, until the expiration of ninety-five (95)
days after the acceptance of completion of such work of improvement
as evidenced by resolution of its governing body, at which. time and
not before, the City shall pay to the contractor the whole of the
remaining ten percent (10') of said contract price so held pack as
provided, said certificates to be furnish'ed by and obtained from
the City's representative shall, before the last Tuesday of each
month, deliver said certificates under hand to the City, or in lieu
of such certificates, shall deliver to the contractor, in writing,
under his hand, a just and true reason for not issuing the
certificates, including a statemen.t of the defects, i.f any, to be
remedi ed, to enti tle the Con tractor to the certH ica te of
completion. In e'vent of the failure of the City's representative'
to furnish and deliver said certificates or any of them or in lieu
Page 13 '
thereof, the writing aforesaid, within ten (101 days after the
times aforesaid, and after written demand has been made upon him
for the same, the Contractor may file demand with the City, and, in
event said certificates are no.t furnished within ten nO) days
thereafter, the same shall become due and payable.
In case the City's representative delivers the writing aforesaid,
in lieu of the certificates, then a compliance by the Contractor
with the requirements of said wr.iting shall entitle the Contractor
to the certificates. The payment of progress payments by the City shall not be
construed as an absolute acceptance of the work done up to the time
of such payments, but the entire work is to be subjected to the
inspection and apP.roval of the ci ty, and subject to whatever
inspection and approval may be required by law.
24, PROTECTJ;ON OF PUBLIC UTILITIES. The City shall be
responsible as between the parties to this Contract only, for the
removal, relocation, or protection of existing public utilities, if
any, located on the site of construction, but only if such public
utilities are not identified by the City in the Plans and
Specifications made a part of the invitation for bids. The City
shall compensate the Contractor for costs. incurred in relocating or
repairing damage to utility facilities not indicated in the Plans
and Specifications, other than service laterals when the presence
of s.uch utilities on the construction site can be inferred from the
presence of such visible facilities as ·building.s, and meters and
junction boxes on, or adjacent to, the construction site. The
Contractor shall not be assessed liquidated damages for delay in
completion of the Contract project, as provided in Paragraph 27
below, when such delay is caused by the failure of the City, or
other public utility, to provide for the removal or relocation of
the existing utility facilities. If the Contractor while
pAr forming the Contract discovers utility facilities not. identified
by theCi~y in the contract plans and Specifications, the service
laterals as hereinabove described, he shall immediately notify the
City in writing.
25. CONTRACTOR'S RESPONSIBILITY FOR THB WOR~. The Contractor
shall not be responsible for the cost of repairing or restoring
damage to the work caused by an Act of God. NEVERTHELESS, the
Contractor Shall, if the insurance premium is a separate bid item, .
obtain the insurance to indemnify the city for any damsge to the
work caused by an Act of God. "Acts of God" shall include only the
following occurrences or conditions and effectsl earthquakes and
tidal waves, when such occurrences or conditions and effects have
been proclaimed a disaster or state of emergency by the Governor of
the State of California or by the President of the United States,
or ;ere of a magnitUde at the site of the work sufficient to have
caused A .proclamation of disaster or state of emergency having
Occurred in a populated area. Subject to the foregoing, the City
shall not, . in any way or manner, be'answerable or suffer loss,
aamage, expense or liability for any loss or damage that may happen
to ssid building, work, or equipment or any part· thereof, or in,
Page 14
. ". -,., ,.
" .
...
on, or about the same during its construction and
acceptance.
before'
26. CONTRACTOR'S GUARANTEE. The ContractoF ,unqualifiedly
guarantees the first-class quality of all workmanship and of all
materials, apparatus, and equipment used or installed by him or by
any subcontractor of supplier in the project which is the subject
of this Contract, unless a lesser quality ia expressly authorized
in the plans and Specifications, in which event the Contractor
Unqualifiedly guarantees such lesser quality, and that the work as
performed by the Contractor will conform with the Plans and
Specifications or any written authorized deviations therefrom. In
caae of any defect in work, materials, apparatus or equipment,
whether latent or patent, revealed to the City within one (1,) year
of the -date of acceptance of completion of thiaContract by .the City, the Contractor' will forthwith remedy such defecta without
cost to the city.
27 • LIQUIDATED DAMAGES. Time shall be of the essence of this
Contract. If the Contractor fails to complete, within the time
fixed for such completion, the work hereinbefore mentioned and
descr.tbed and hereby contracted to be done and performed, he shall
become l1ab,le to the City for liquidated damages in the sum of
for each and every working day during which said work shall remain
uncompleted beyond such time for completion or unlawful extension
thereof, which sum shall be presumed to be the amount of damage
thereby sustained by the City since it would be impracticable or
extremely difficult to fix the actual damage, and the amount of
liquidated damages may be deducted by the city from moneys due the
Contractor hereunder, or his assigns and successors at the time of
completion, and his sureties shall be liable to the City any
exeesa.
'"'29., AOOITIONAL PROVISIONS.
None
Page 15
f
I
STATE OF CALIFORNIA
Santa Clara 5S. COUNTYOF ......................... .
'i'hl3 doo:llIIIOnt 15 ontt 3 QIltIIMll Jolin wfti! rMt be proper fer \ISO In ~
~and In no..,ectt..01 b: IrtendrodtDact. M a ~ 1Qf,.
On this ... 2.~:>t;. .......... day of .. :J~e ........................... in the year
. ..... .1988 .......................................................... beforeme.
. ..... Lynn .J .•. Bauex ................• II Notary Public. State of California.
d ) ). d d II'd GeorNe A. Brilla u y lcense an sworn, persona yappeare ....... ;:J,., ...................... . ............ , ................................................................... ,
personally known to me (or proved to me on the basis of satisfa~tory evidence)
to he the person who executed the within instrument as .. ~~.~~~t;. ........ .
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by·laws or a
resolution of its board of directors.
IN WITNESS WHE~OF f. have hereunto set my hand an;i affixed
my official seal in the .. ~.l: .... ~ ... ~~. :!~~ .. County of ~~~ . ~. ~~ ...
e date set fa h above in this certificate.
ildItb:J I,lf oI!I"! 1IfIOr1Wly. TIWl prinI .. doo:JltctJMk,) I'ItlywMal'l!'yQllNw~f1( ir/Ipkt,Iduulho
tooMdlGtyof any pmvIsIoII'I 01 'Iho ~ ala-bl!IS In any splIICd'!I:~
Cowdery's Form No. 26 -Acknowledgement to Notary Public -
Corporation (C. C. Sees. 1190·1190.1) -(Rev. 1163)
No ry Public. State of California
My commission expires JUne 29, 1990
, '
P.O. No.
IN WITNESS WHEREOF, the parties have executed this Contract. in
duplicate, the day and year first hereinabove written.
CITY OF CUPERTINO
Approved as to form
city Attorney Ch'ZN
Date/City Clerki l"C:--
CONTRACTOR I G • A • B •
"
Notary acknowledgment required.
If A corporation/ corporate eeal
and corporato notary .
acknowledgment required.
~.,>{f-, 'PRESIDENT
project. Nallle and Number I. TRAFFIC SIGNAL DETECTOR INSTALLATION ON VARIOUS STREETS
AT VARIOUS INTERSECTIONS, PROJECT 110-996-733
Contractors Nallle. G.A.B. CONSTRUCTION, INC.: 670 Coleman Ave., San Jose, CA 95110
Contract Amountl TWENTY~tWO THOUSAND AND 00/100 DOLLARS ($22.000.00)
CClnt:z.i:I~., Account Number I, 1l0-996-733'
Page 16
."
PROPOSAl,
TO THE DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA. 95014
EXHIBIT A
G.A:B. CONSTRUCTION, INC.
In compliance with the Plans, Specifications and/or special
Provisions for the constructing to completion the TRAFFIC SIGNAL
DETECTOR INSTALLATION ON VARIOUS STREETS AT VARIOUS
INTERSECTIONS, PROJECT 110-996-733; I, the undersigned, hereby
declare that I have read the proposal requirements, visited the
site, and examined all of the above dqcuments. I, the
undersigned, hereby propose to do all work required to complete
the project in accordance with the Plans, specifications and/or
Special Provisions for the prices set forth in the following
schedule. I further understand that said prices include all costs
including, but not limited to, local, state and federal taxes or
transportation costs.
I, the undersigned, also understand that the quantities
shown below are estimates only, being given on a basis of
comparison of bids, and that the city of Cupertino does not state
that the actual amount of work will correspond but reserves the
right to increase, decrease or del.ete the al!1ount of any class or
portion of the work or to omit items or portions of the work that
may be deemed necessary by the Engineer.
The city of Cupertino reserves the right to unilaterally
determine and award the contract to any qualified bidder based on
the most adventageous proposal, to reject any or all bids or to
waive any irregularities in the bidding procedures.
The work to be done consists of the furnishing of all labor,
methods, processes, tools, machinery and materials required to
construct to completion and in working usable order the
TRAFFIC SIGNAL DETECTOR INSTALI,ATION ON VARIOUS STREETS AT
VARIOUS INTERSECTIONS, PROJECT ~~O-996-733 as described in tile
contract documents.
In the event of discrepancies between the written unit price
and the numerical unit .price, the written price shall prevail and
shall be used to calculate the total for that bid item. The bid
prices for this proj ect shall be as outlined on the following
pages.
Proposal Page 1
"/" ", '
PROPOSAL(Continued)
~ FOR COMPLETION
1. The traffic signal detector installations will be complete
BID
and operating on or before ::S-u:-l'E... (7 , 1938.
The actual dates for completion shall be the dates set forth
above plus the nUl1lber of calendar days between the bid opening
and the date the contract is executed by all parties.
The Contractor shall diligently prosecute the work to
acceptance by the city before the actual dates for completion as
set forth above. The contractor shall pay to the City of
cupertino Liquidated Damages, as set forth in the Special
Provisions, for each and every calendar day's delay beyond the
dates established in this proposal for each and every portion of
the completion process.
ESTIMATED QUANITIES
ITEM EST.QTY. UNIT
UNIT
PRICE TOTAL
1. 1
2. 17
3. 1
4. 8
Each Install Type 4DAP Inductive
Loop Detector:
-=========~ ~ ~5~!<~Vb.l~~Fhl~"';~.D~I'l1<~D~===:;::'" (jl~
Dollars per Each
Each Install Type 3DAP Inductive
Loop Detector: ====-==-::::..-r§J~~
. Dollars per Each
Each Install Type 4A Inductive Loop
Detector:~==========::::::::~ @~
Dollars per Each
Each Install Type 3A InductiVe Loop
Detector:
--===========:::~
proposal Page :2
~ & 1;= ,;=-,
$~/Ea~
~/: " . (~ROPOSAL(COntinUed)
. BID
ITEM EST.QTY. ~
ESTIMATED QUANITIES
ITEM
5. 3
6. 2
Each Install Type 2A Inductive Loop
Detector:
~ "5~ ~~J)~ [Y ~DMtr Dollars per Each
Each Install Type lA Inductive Loop
Detector:
UNIT
PRICE TOTAL
6 @~-"" C;QO-.
7.
-
Dollars per Each ~
6 Each Install 4'xlO' Quadrupole Type
Inductive Loop Detector:
-
I, the undersigned agree that if this proposal is accepted
by the city of CUpertino, I will enter into a contract with the
city to provide all necessary machinery, tools, apparati, and
other means of construction and to dO all of the work specified
in the contract in the "manner and time specified.
I, the undersigned, declare that this bid is made without
connection with any person, firm, or corporation making a bid for
this work, and is in all respects fair, and without collusion or
fraud.
I, the Undersigned, recognize that the Director of PUblic
Works of the city of cupertino will reserve the right to
establish the priority of one portion of the work over another
and each starting date where confl~' ~o construction schedules
occur. -;:;
Attached hereto is the ~gertified chec~ bid bond or
surety in the .amount of $ , • 2 . .2ao 7'"" , which amount . "
represents ten percent(lO%) of the totall amount of. the bid, as"
required by law and the notice to bidders.
Proposal page 3
PROPOSAL (continued)
BIDDER QUALIFICATION FORM
In further compliance with the sPecifications furnished, I,
the undersigned, .submit the following statements as to my
experience and qualifications to perform this work as a part of
this proposal. The truthfulness and accuracy o·f this information
is hereby guaranteed.
My organization has been in business under its present name
for k years.
Our experience in
proposed contract is
current business name.
work comparable with that required by the
"'"JY-l"",r.-y years operating under our
Our experience in .work comparable with that required by the
proposed contract is -r-w~T)' years operating under the
business name
Our California Contractor I s License NUlllber is 4702$
The classification of this License is
The following is a list of work similar in character to that
required in the proposed contract which our organization or
personnel in our organization has completed within the past
three (3) years.
Year Class. Location gi Work and for Whom p~rfOrmed Amount
----------------------------~-,----
proposal page 4
PROPOSAL(Continued)
SUB-CONTACTORS IQEH
The sub-contractor(s) that I propose to use to perform any
of the work for ,this project are listed below. Only those listed
shall perform work on this project.
1. Name
Address \
Work to be Performed \
2. Name .
Addre ss /
Work to be Performed /
3. Name
Addre ss \
Work to be Performed
4. Name . .
Addre ss
\
Work to be Performed
5. Name
Addre ss /
Work to be Performed
6. Name
Addre ss
Work to be Performed \
7. Name
Address
Work to be Performed
Proposal Page 5
PROPOSAL (Continued)
SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A
CO-PARTNERSHIP, STA~E THE COMPANY NAME AND LIST THE NAMES OF ALL
INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A
CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE
NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE
CORPORATE SEAL MUST BE AFFIXED TO THIS FORM.
CORPORATION
TYPE OF BUSINESS
>< (u <"'+£0 p-tl:;:..". ')
CO-PARTNERSHIP: ______________________________________________ __
INDIVIDUAL
JOINT VENTURE
OTHER
(Describe)
Name and Signature of Bidder: ~,~,1S, c:o~
G,u.1;!...I::.E. \S1't-.t: 1,..;..,,>-f'~,;.s=~...l."
~wU.(t.
c;.&.f2,..oo... ~i!.ru.." -Vu..\:.. r(t.(:.<,;,
SeL~Th~y
(Print
Date:~ __ _=~~~~~~ ______________ __
Address(mailing & location) : __ ~~~7~o __ ~C~o~~~~~~~~~~j\~v~~~t ____ ___
SAN ]:..s-e! Ce.... 15110 7
Telephone Number
Acknowledge Addenda Recieved by circling the addendum number .
1 2 3 4 5 6 7 8 9 10
Proposal Page 6
"
•
1988 CAPITAL INPRO'lE.."!ENT PAYMENT SCHEDULE
QUANTITIES CUT-OFF DATE CHECK RELEASE DATE
FRIDAY 5:00 P.M. FRIDAY
December 18 January 1
January 15 January 29
February 12 February 26
March 11 b'.arch 25
April 8 April 22
Hay 6 May 20
June 3 June 17
July 1 July 15
July 29 August 12
August 26 September 9
September 23 October 7
October 21 November 4
November 18 December 2
December 16 December 30
." ..
" , ,"
•
STATE OF CALIFORNIA
Santa Clara COUNTYOF ................... .. 58.
On this .... ?1"'~ ........ day of. ..... J~ .............. "" .... ,in the year
. .... , .. , ..... 1988 .. , ....... ' .......................... , ........... ,before me,
. ...... Lynn. J •. .Bauer ................ , a Notary Public, State of California,
duly licensed and sworn, personally appeared George. A.· .BJ;illa ....... ··· .... , .......... " ...... ".,., ... , ........ , ................................. ,. ... ,
personally known to me (or proved to me on the basis of saFffactp~vidence)
to be the person who executed the within instrument as ...... ~:>:': .... :=: ...... .
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to ita by-laws or a
'resolution of its board of directors.
IN WITNESS WHEREOF I hsve hereunto set my hand and affixed
my official seal in the .... C;:~1;:y' .~:f. .~?;I). •. .:r~~, County of .. ~1;f\ . C;;49;? •
ilqdo:.culr'.entl~OlI!yagene<eltotm.hid1tTlafbeprQpe.'ft>I<J$OiI\$!mpIe •••••• , •••• , , •• , •• , •• , •• , •••• ~. ,~on the date set forth above in this certificate.
~ oj an af'.m(t(f1. Th$ pn'llatdoos rKlll!\lllte any wattamyaIIOOr ~O" or 1,'TIj)!iE<lu:o !110M/) ~~'lIonu'llfll)'fldS,(Jf"If4i!f'dod!Dat1.a!I&~'tl:tforCho ~ ~
1ogaJva.lidi:y()!lII'tY~crthfJsl.IhabiIi':yd~1oons1"any~~ &Jotary Public? S ate of California
Cowdery'. Form No. 28 -Acknowledgement to Notary Public -June 29 1990 Corporation (C. C. s.c •. 1190·1190.1) -(Rev. 1183) My commission expires ____ ~ __ ' ______ _
~ '" <l: "-
J !'i;
>-.... ~ ....
'" LU
:i: w t!l
0 w ..J So 0 z ~
(,) « >-....
til 0:
::l tI)
"
State of California }ss:
County of SANTA CLARA
On this 21st day of June in the year one thousand nine hundred and
e1!!hty-eight , before me, Tammy J. 1)' An tOflio , a Notary Public in and for said County
and State, residing therein, duly commissioned and sworn, personally appeared 8+1 en Lombard i
• known to me to be the duly authorized Attorney-in-fact of theTransamerica Insurance Co •
and the same person whose name is subscribed to the within instrumenr as the Attorney·in-fact of said Company, and the said
Allen Lombardi duly acknowledged to me that he sub·
scribed the name of the Transamerica Insurance Company thereto as Surety and his own name as Attorney·
in· fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in thi, Certificate first
,~~/Jilt~~' , above written.
My Commission 1989
8/11/89
BD-1410 EO.61?6
•
I ,
,
,~ ,
EXECUTED IN DUPLICATE
PREMIUM $ 182.00
BOND NO. 5262-15-57
FAITHFUL PERFO~~CE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, G.A.B. CONSTRUCTION INC.
IlS Principal and TRANSAME~R,:,I~C~A;-.;IN.!:!S7U::.!RA~N:!:C:=:E~. C7'.O~MP!'.!:A~NY","=_~-:-_.."..,..~_-::-."...,,..,..,_..,..
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of TWENTY-TWO THOUSAND AND 00/100 'Dollars
($ 22,000.00 ) l~ful money of the United States. for the payment
of vhich viII and truly to be'made, ve bind ourselves. our heirs. executors,
successors and assigns, jointly and severally, firmly by these presents.
IRE CONDITION of the above obligation is such t~t.
WHEREAS, the Principal has entered into a contract dated _________ _
with the Obligee
to do and perform the folloving work to-wit:
Traffic Signal Detector Installation on Various Streets
at Various Intersections, Project 110-996-733
, ,
NOW, THEREFORE, if the said Principal shall veIl and truly perform the vork
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect •
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 21st day of _~J,!,!u!!.ne~ _____ ,. 19...!!.L.
(To be signed by Principal
and Surety and acknowledgment,)
By:
Surety 0 '11 ", /J '.
~~J
Attorney-in-Fact
Allen Lombardi,
The above bond is acce(lted and approved this ___ ,day of __ -'-____ , 19_,
''',
, ~'F TranSameno8
• '111111-Insurance Services
Tral1samerica Insurance Company
A Stock Company I Home Office: Los Angeles. California
.'
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, consti-
tute and appoint ALLi::N LOMBARDI, DAVID ELLIS AND JOHN LOUG;fRAN
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf on the Company as surety, to
execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, rncognizances or
other written obligations in the naturn thernof, as follows:
and to bind TRANSAMERrCA INSURANCE C'OMPANY therebY, and all of the acts of said Attorney(s).in-Fact, pursuant to
these prnsents, are hereby ratified and confinmed.
This appointment is mlKle under and by authority of the following by-laws of the Company which by-laws are now in full
force and effect. .
ARTICLE VII
SECTION 30. All pOlicies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of
indemnity, endolliements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surel,Y and
co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance
business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice
President or by any other officer, employee, agent or Attorney-in-Fact authorized to so sign by [i) the Board of Directors, (iii
the President, (iii) and Vice President, or (iv) any other pellion empowered by the Board of Directors, the President or any
Vice President to give such authorization; provided that aU policies of insurance shall also bear the signatu re of a Secretary •.
which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the
President. A facsimile signaturn of a former officer shall be of the same validity as that of an existing officer.
The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person
authorized to execute or attest such instrument may affix the Corporation's seal thereto.
This Power of Attorney is signed and sealed. by a facsimile under and by the authority of the following resolution adopted
by the Board 01 Directors of the Company at a meeti{lg duly called and held on the 17th day of October 1963.
"Resolved, That the signature of any officer authorized by the By·laws and the Company seal may be affixed
by facsimile to any power of attorney or special power of attorney or certification of either given for the execu-
tion of any bond undertaking, recogniZance or other written obligation in the nature thereof; such signature
and seal, when so used being hereby adopted by the Company as the original signature of such officer and the
original seal of the Company, to be valid and binding upon the Company with the same force and effect as
though manually affixed."
IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its
proper officer and its corporate seal to hereunto affixed this 3rd day of NOVEMBER ,19 87
) ss
)
By ~~--
UH_ Tanner, Vice President
3rd day of NOVEMBER .19 87 ,before me Hazel Yamasawa. a Notary Public in and for the
said County and State, residing therein, duly commissioned and sworn, personally appeared J.H_ Tanner personally known to
me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COM·
PANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he knows the
seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to
authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,
and acknowledges same to be the act and deed of said corporation_
~"",,III'!'WM1Im1ll~MM!!!ft11ItIoPIffIt1_tll--""lII.
_ • OFFrCIAL SEAL
HAZEL YAMASAWA I ~ "" .. ,"".·a"~.",. . PRINCIPAL O~Frc£ IN
" .~ lOS ANGELES COUNTY
My CommissIon Expires Sep~. 30. 1988
_llIIImnlll»lbtll_nu_UIWJIIU!IIUU<l!llmllnmOOttulllfIIIOollllllUlln
Hazel Yamasawa, Notary Public
in and for the County of Los Angeles, California
'-
"
I. W.G. Freeman. Assistant Vice President 01 Transamerica Insurance Company. do hereby certify that the Power of Attorpey
herein belore set forth is a true and exact copy and is still in farce. and further certify that Section 30 of Article VII of the
By· Laws of tha Company and the Resolution althe Board of Oirectofli, set forth in said Power of Attorney are still in lorce.
In testimony whereof I hilVe hereunto subscribed my name and affixed the seal 01 the said Company this 21st day of
June ,19 88 •
W.6. Freeman, Assistant Vice President
I • I
, ,
LAIlOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
1$J(I$CU'!I$J) IN J)UPLICATE
PREMIUM INCLUDED
BOND NO. 5262-15-57
WHEREAS. the City of Cupertino, State of California, an~
G.A.B. CONSTRUCTION, INC.
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation. construction. and erection by
Principal of certain improvements more particularly described in said contract;
and incorporated herein by reference.
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal. or any of his or its sub-
contractors, shall fail to pay for any materials. provisions. provender or
other supplies or teams used in, upon, for or about the performance of the work
contracted to be done. or for any work or labor done thereon of any kind, the
Surety on sdd bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal. and ~ _____ --' ______ ~
TRANSAMERICA INSURAN~_E COMPANY
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the 'City of Cupertino. and any and
all materialmen, persons, companies. or corporations furnishing materials.
provisions. provender or other supplies used in. upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned. and incorporated herein by reference, and all
persons, companies or corpor~tions lending or hiring teams. implements or
machinery, for or contributing to said work to be done, and all'persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid-by Principal or by any other person,
in the just and full sum of TWENTY-TWO .. THOUSAND AND 00/100 DOLLARS
__________________ {$ 22.000.00 ) .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or
its subcontractors. heirs. executors, administrators, successors or assigns,
shall fail to pay for any materials, proviSions. provender or other supplies
or teams used in. upon. for or about the performance of the work contracted to
be done, or fo!: any work or labor thereon of any kind. or for amounts due under
the Unemployment Insurance Act with respect to such work or labor. or any and
all damages arising under the original contract, then said Surety will pay the
same and also will pay in case suit is brought upon this bond, such reasonable
attorney's fee as shall be fixed by the cou!:t. ",',
This bond shall inure to the benefit of any arid all persons, companies,
and corporations entitled to file claims under Section 1184.1 of the Code of "
Civil Procedure, so as to give a right of action to them or thei!: assigns in
any suit brought upon this bond.
STATE OF CALIFORNIA
Santa Clara ss. COUNTYOF ......................... .
r.·~-~O::;Fl;t.'I'J'iClA~L":S~E"'i\L'f""''''''"!t
.' • LYNN J. BAUER
* NOTARY PUSUC' CAUFORNIA ~ '" -SIINTA CLARA CQUNTI
~ MyCOII',m. e.1!pi,,, June 29, !9?O
ThhU$clC.lIl1'lMt 1$ only a gencl'l)ltO!1'lt .. hid! may boa plOpCt lot lise In $\m:N)
tr~ 1'I/'d1ll11O-.q~. or Ii -lflle!>dOOlO~ a'!II ~ 10I1tI(l
On this ......... 2.~:;;.t .... day of .... J.~!,,?, .. , ..... , ..... , ..... , ..• in the year
'+~.!~!'l ................ , ................ , ..................... ' , ......• before me.
. .LyP,!).. J •.. BqU€;~., ....... "" .. , ...... a Notary Public. State of California,
duly licensed and sworn. personally appeared. GaO:t:ge, A. .. B:r: illa, ....... .
, .......... , .... , .. ,. .......... , .............. ,., ............. , ........ , ....... "
personally known to me (or proved to me on the basis of satisfaFtory evidence)
to be the person who executed the within instrument as , .J?!::~!3J,~.~. , ., .....
or on behalf of the corporation therein named and acknowledged to me that
such corporation executad the within instrument pursuant to its by·laws or a
resolution of its board of directors.
IN WITNESS WHEREOF 1 have hereunto set my hand an~ aftIxed
my official seal in the .. C:~1::::.:.?. ,S.~. ,J?:".e., Countyof.~?!?-~.~. ~~ ...
. .. .. " , ....... " ......... , ." ..• on the da setforth above in this certificate.
ruMoo (If 1111~. The prirdC!' dooa not JMl(& anrwillHlIllyil'ltlor &i<pres5ur'mp!iod as 10 lim
logit.lvaMIV of c.rrt provisiotI 01 Ill'l $~ of ~ /orrM !riP",), ~ 1raIl~
1 Cowdery'S Form No. 28 -Acknowledgement to Notary Public -
Corporation (C. C. Sees. 1190,1190.1) -(Rev. 1183)
Notary Public, State of California
My commission expires June 29 , 1990
i= u <t <L Z , >-I--I--S
I--Z w ::;; w
<.::>
Cl w ..J ?;
0 Z
" <.) <t
>-I--w a: ::l (I)
State of l:alifornia
}SS:
County of SANTA CLARA
On this 21st day of June in the year one thousand nine hundred and
e!ghty-eight • before me. Tammy J. D'Antonio . a Notary Public in and for said County
and State, residing therein. duly commissioned and $Worn, personally appeared Allen Lombardi
• known to me to be the duly authorized Attorney-in-fact of theTransamerica Insurance Co.
and the same person whose name is subscribed to the within instrument as the Attorney·in~fact of said Company. and the said
Allen Lombardi duly acknowledged to me that he sub-
scribed the name of the Transamerica Insurance Company thereto as Surety and his own name as Attorney-
in-fact.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year in this Certificate first
above written.
. • TAMtW'.ra';~tI10 .
.;jl "oTARV PUBLlc-cAUFORIIIA
My Commission E "SAIlTA CLAM COUllTY
8/11/89 MY. • EXP. AUG. 11.1989
County. State of alifornia 8D-1410 ED. 6176
•
Labor and Material Bond Page 2
I And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this ir.strument has been duly executed by the
Principal and Surety this 21s'E day of June , 19 88
'.
(To be signed by Principal
and Surety. Notary
acknowledgments required.) TRANSAMERICA INSlffiANCE COMPANY
Surety
By. Ott /LJ.
Attorney-in-Fact
Allen Lombardi
The above bond is accepted and approved this ________ ,day of
19 •
6/11/85
. ' . .
Tral1samerica Insurance Company
A Sloe! Company I Home Olilee: Los Angolo •. Caillorni •
. Power 01 Attorney
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, consti-
tute and appoint ALLZN LONBARDI, DAVID ELLIS AND JOHN LOUGHRAN
its true and lawful Attorney(s)-in·Fact, with full power and authority, lor and on behalf on the Company as surety, to
execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, rllcognizances or
other written obligations in the nature thereof, as follows;
and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attorney [sl-in-Fact, pursuant to
these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full
fOfte and effect.
ARTICLE VII
SECTION 30. All policies, bonds, undertakings, certificates of insurance. cover notes, recognizances, contracts of
indemnity, endorllements, stipulations, waiverll, consents of sureties, re-insurance acceptances or agreements, surety and
co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance
business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice
President or by any other officer, employee, agent or Attorney-in-Fact authorized to so sign by (iJ the Board of Directors, (iiI
the President, (iii) and Vice President, or (iv) any other perllon empowered by the Board of Directors, the President or any
Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary •.
which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the
President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer.
The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person
authorized to execute or attest such instrument may affix the Corporation's seal thereto_
This Power of Attorney is signed and Sl!aled. by a facsimile under and by the authority of the following resolution adopted
by the Board of Director.; of the Company at a meeting duly called and held on the 17th day of October 1963.
"Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed
by facsimile to any power of attorney or speCial power of attorney or certification of either given for the execu-
tion of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature
and !eal, when so used being hereby adopted by the Company as the original signature of such officer and the
original seal of the Company, to be valid and binding upon the Company with the same force and effect as
though manually affixed."
IN WITNESS WHEREOF. TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its
proper officer and its corporate seal to hereunto affixed this 3ed day of NOVEMBER ,19 87
By ~~----
U'H. Tanner. Vice President
State of California ) ss County of J
On this Jrd day of NOVEMBER , 19 87 ,before me Hazel Yamasawa, a Notary Public in and for the
said County and State, residing therein, duly commissioned and sworn. personally appeared J.H. Tanner personally known to
me lor proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COM-
PANY the corporation whose name is affixed to the foregOing instrument; and duly acknowledged to me that he knows the
seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to
authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority.
and acknowledges same to be the act and deed 01 said corporation.
r;;"' ..................... -_~." __ M_ ... ~ _ • OFFICIAL SEAL
-HAZEL YAMASAWA !~" . : NOTARY PUBLIC-CALI~ORNIA ~ PRINCIPAL OF'FICE IN
,,~.. LOS ANG£LES COUNTY •
My Commission Exp;,e. Sept. 30. 1988 j _IOOIl_,MImI'IU""U"", .. , ... ,t!II.....,.IWI,nu_mll'I>I\II<otIUU.",ii
Hazel Yamasawa, Notary Public
in and for the County of Los Angeles. California
'.
'.
I, W.G. Freeman, Assistant Vice President of Transamerica Insurance Company, do hereby certify that the Power of Attorpey
herein before set forth is a true and exact copy and is still in force, and further certify that Section 30 of Article VII of the
By· Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force.
In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 21st day of
June ,19 88 . .
~1r~l~
W.G. Freeman, Assistant Vice President
¢. WYNNE
)858-237~j
GAB CON~TRUCTION, INC.
670 COLEMAN AVENUE
SAN ,JOSE J CA
TYPE QF1NSURANCE
GENERAL
't4~~03
POLICY NUMBER
(4 ~ COMPREHENSIVE fORM CO::j2~j242C;CCf~
[l} PREMISES-OPERATIONS [1] EXPlOSION AND CQLLAPSE , HAZARD
12) UNDERGROUND HAZARa o f'ROOUCTs/cOWPlETEO OPERATIONS HAZAR{) [!j CONTRACTUAl. INSURANCE 12) BROAD FORM PROPERTY :JAMAGE
[]] INDCPENDENT CONTRACTORS
[3 PERSONAL INJURY
AUTOMOBILE
B o COMPFlEJ..IENSrvE FORM l3M08??09--00
Ql ow.w '0 HIRE!)
~ NON{)WNtO
UMBRElJ..A FORM
OTHER THAN UMBRELLA
fORM
WORKERS' COMPENSATION
C and PC990!5129
EMPLOYERS' LIABILITY
OF OPERATIONS/lOCAf!ONSNEHICLES
COMPANIES AFFORDING COVERAGES
COMPANY A tETTER AF.TN(.) C ~< S
COMPANY
tETTER B NCE CO.
COMPANY C ltITCR REPUBL I C
COMPANY 0 tETTER
COMPANY E LmER
POUC\' EXPIRATION DATE
0'1/05/87
09/05/88
09 /O~J/8"?
09/0::;/88
10/01188
BODilY INJURY
PROPERTY DAMAGE • •
BODILY lNJURY AND
PROP[ifTV DAMAGE S
COMBINED
PERSONAL INJURY
BODilY INJURY $ (EACH PERSON)
BODilY INJURY S
(EACH ACCICEN!)
$
BOOll. Y INJURY AND
PROPERTY DAMAGE •
COMBINffi
1. J OO() • :.:>. I 000
S
ALL OPERATIONS OF NAMED INSURED AS COVERED BY POLICY AND.ALL ENDORSEMENTS
THERETn AS REPEGTS TRAFFIC SIGNAL DETECTOR INSTALLATION)PROJECT 0110-996-733;
PRICES 22 . IT
Cancellation: Should any of the above described poliCies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail =~O days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS or CERTIFICATE IiOLDER:
CITY OF CUPERTINO
10300 ·rORRE AVENUE
PROJEC1· 110-996-733
CUI"EF(T I NO I CA
DATE 115$ll."'-"'='-==-"'''-,,...,,-____ " ____ _
,
.,'
This endorumcnt Is p~rt ollhc attached policy:" is eflecfive from the s.lart 01 Ihe policy term unless staled below.
(Completel:x:low when ·":!dded after policy issuance.)
Effective date 6/21/88 Polity N(' CO 5252429 CCA
,
Endorumenl No. TBD
Named Insured G.A. B. CONSTRUCTION INC
Additional Premium Ir !udcd
.-
Counlersigned by ~~~=rr.:r.!?';~~::d=:';:;I.:---
CONTRACTORS LIABILITY "OllCY
ADD[TIONAl INSURED
(OWNERS OR CONTRACTORS)
flame of Additional Insured: CITY OF CUPERTINO,ITS OFFICERS, EMPLOYEES, AND AGENTS
WE agree with YOU that the person or organizatIon shown above is an insured for work
performed by or for YOU.for this person or or~anization. WE will. also insure the acts
or omissions of thIs person or organizatIon for general supervision of this '\Iork.
Job descriptIon TRAFFIS SIGNAL DETECTOR INSTALLATION
Job' 110-996-733 Cost 22,000. ----------------------------
JlDDITIOllAt. pnOVISlml:
SUBJECT TO ALL OTllER TimMS AND PROVISION Oll TilE POLICY, SUCH INSURANCE AS PROVIDED BY Tilts
ENDORSEMENT SHALL BE DEENED PRUIARY, BUT ONLY WITH RESPECTS TO WORK PERFORMED BY OR FOR
TIlE NAMED INSURED IN CONNECTION WITH THE ABOVE DESCIlIllED CONTRACT AND 11IAT SUCH OTHER
INSURANCE OF TIm ADDITIONAL NMIED INSURED SHALL BE EXCESS INSURANCE ONLY. '. .