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90-002 Golden Bay Constrution, Inc.; De Anza Sidewalk Installation; Project 89-108 •
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PUBLIC WORKS
,OEC 2 1 1989
CONTRACT FOR PUBLIC WORKS
CONTRACT made on / 99a by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and GOLDEN BAY CONSTRUCTION, INC.
,hereinafter called the CONTRACTOR.
• IT IS HEREBY AGREED by the parties as follows :
1. THE CONTRACT DOCUMENTS. The complete contract consists of the
following contract documents :
A. Plans and Specifications for DEANZA SIDEWALK INSTALLATION
• PROJECT 89-108
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 CITY and the CONTRACTOR are fully
set forth and described herein.
All of the above documents are intended to cooperate so that any
work 'called for in one and not mentioned in the other, or vice
versa, is to be executed the same as if mentioned in all of said
documents. The documents comprising the complete contract are
sometimes hereinafter referred to as the Contract Documents. In
case of conflict between the Plans and the Specifications on the •
one hand, and this Contract on the , other, the Plans and
Specifications shall prevail.
2. THE 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 DeAnza Sidewalk Installation Project 89-108
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 City, which Plans and •
Specifications are entitled, respectively,
DeAnza Sidewalk Installation Project 89-108
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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 City, or its
representative. The City hereby designates as its representative
for the purpose of this Contract: Mr. Bert J . Viskovich, Director
of Public Works.
3. CONTRACT PRICE. The City agrees to pay, and the Contractor
agrees to accept, in full payment for the work above agreed to be
done, the sum of: FIFTY EIGHT THOUSAND FIVE HUNDRED NINETY THREE AND 50/100
DOLLARS ($58,593.50)
• subject to additions and 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 of any extra work which the Contractor may be required
to do, or respecting the size of any payment to the Contractor
during the performance of this Contract, said dispute shall be
determined either by reference to the unit of prices, if
applicable, or in accordance with the agreement of prices, if
applicable, or in accordance with the agreement of the parties, or
in accordance with the rules of the American Arbitration
Association if the parties are unable to agree.
5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his
expense, obtain all necessary permits and licenses, easements,
etc. , for the construction of the project, give all necessary
notices, pay all fees required by law, and comply with all laws,
ordinances, rules and regulations relating to the work and to the
preservation of the public health and safety. •
6 . INSPECTION BY THE CITY. The Contractor shall at all times
maintain proper facilities and provide safe access for inspection
by the City to all parts of the work, and to the shops wherein the
work is in preparation. Where the Specifications require work to '
be specially tested or approved, it shall not be tested or covered
up without timely notice to the City of its readiness for
inspection and without the approval thereof or consent thereto by
the latter. Should any such work be covered up without such
notice, approval, or consent, it must, if required by the City, be
uncovered for examination at the Contractor' s expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any
time during the progress of the work require any alterations,
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deviations, additions or omissions from the Specification or Plans
or the Contract Documents, it shall have the right to do so, and
the same shall in no way affect or make void the contract, but the
cost or value thereof will be added to, or deducted from, the
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 American Arbitration Association if the parties are unable to
agree. No extra work shall be performed or change be made except
by a written order from the City, duly authorized by resolution of
its governing body, and by all agencies whose approval is required
• by law, stating that the extra work or change is authorized, and no
claim for an addition to the contract sum shall be valid unless so
ordered.
S . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall
have the - right to make changes in this Contract during the course
of construction to bring the completed improvements into compliance
with environmental requirements or standards established by State
and Federal statutes and regulations after the Contract has - been
awarded or entered into. The Contractor shall be paid for by such
changes either by reference to the unit prices, if applicable, or
in accordance with the agreement of the parties, or in accordance .
with the rules of the American Arbitration Association if the
parties are unable to agree.
9 . TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may
be terminated, amended or modified, with the mutual consent of the
parties. The compensation payable, if any, for such termination, .
amendment or modifications, shall be determined either by reference
to the unit price, if applicable, or in accordance with the
agreement 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:
15 WORKING DAYS
If the Contractor shall be delayed in the work by the acts or-
. neglect of the City, or its employees, or those under it by
contract or- otherwise, or by changes ordered in the work, or by
strikes, lockouts by others, fire, unusual delay in transportation,
unavoidable casualties or any causes beyond the Contractor's
control, or by delay authorized by the City, or by any cause which
the City shall determine justifies the delay, then the time of
completion shall be extended accordingly.
This paragraph does not exclude the recovery of damages for delay
by either party under other provisions in the Contract Documents.
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11. INSPECTION AND TESTING •OF MATERIALS. The Contractor shall
notify the-City a sufficient time in advance of the manufacture or
production of materials to be supplied by him under this Contract,
in order that the City may arrange for mill or factory inspection
and testing of the•same, if the City requests such notice from the
Contractor.
12. TERMINATION FOR BREACH, ETC. If the Contractor should be
adjudged a bankrupt, or if he should make a general assignment for
the benefit of his creditors, or if a receiver should be appointed
on account of his insolvency, or if he or any of his subcontractors
should violate any of the provisions of the Contract, the City may
serve written notice upon him and his surety of its intention to
terminate the Contract, such notice to contain the reasons- for such
intention 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 surety within
fifteen days after the serving upon it of notice of termination
does not give the City written notice of its intention to take over
and peiform the Contract, or does not commence performance thereof
within thirty days from the date of the serving of such notice, the
City may take over the work and prosecute the same to completion by
contract, or by any other method it may deem advisable, for the
account and at the expense of the Contractor, and the Contractor
and his surety shall be liable to the City for any excess cost
occasioned by the City thereby, and in such event the City may,
without liability for so doing, take possession of, and utilize in
completing the work, such materials, appliances, plant and other
property belonging to the Contractor as may be on the site of the
work and necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount which the City may
retain under Paragraph 21 of this Contract until the final .
completion and acceptance of all• work covered by the Contract, the
City may withhold from payment to the Contractor such 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 ofthe claim or
claims. With respect to any retention of payment by the 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 the City's Notice to
Contractors.
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14 . NOTICE AND SERVICE THEREOF. Any notice • m one party to
the other under this Contract shall be in writs Ind shall be
dated and signed either by the party giving s:. .otice, or by a
duly authorized representative of such party. ,..:y such notice
shall not be effective for any purpose whatsoever unless served in
the following manner: (a) if the notice is given to the City
either by personal delivery thereof to the City Manager of the
City, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to the City, postage
prepaid and certified; (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:
1200 INDUSTRIAL ROAD SUITE 1
SAN CARLOS, CA 94070
postage prepaid and certified/ and (c) if the notice is given to
the surety or any other person, either by personal delivery to such
surety or other person, or by depositing the 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 the Contract, nor any part
thereof, nor moneys due or to become due thereunder, may be
assigned by the Contractor without the prior written approval of
the 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
tie City agrees in writing to some other material, process or
article offered by Contractor which is equal in all respects to the
one specified.
17. CONTRACT SECURITY. The Contractor shall furnish a surety
bond in an amount at least equal to one hundred percent (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 (1001) 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 labor thereon of any
kind, and for the payment of amounts due under the Unemployment
Insurance Code with respect to such work or labor in connection
with this Contract, and for the payment of a reasonable attorney's
fee to be fixed by the court in case suit is brought upon the bond.
Page 5
18 . INSURANCE. The Contractor shall not commence work under
this Contract until he has obtained all insurance requiredby 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 coverage to
include the contractual liability assumed by the Contractor
pursuant to this Contract and particularly Paragraph 19 hereof.
Any policy of insurance required of the Contractor under this
Contract shall also contain an endorsement providing that thirty
(30) days' notice must be given in writing to the City of any
pending change in the limits of liability or of any cancellation or
modification of the policy.
(a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take ut and maintain during the
life of this Contract Worker's Compensation Insurance and
Employer' s Liability Insurance for all of his employees employed
at the site of the project and,in case any work i3 sublet, the
Contractor shall require the subcontractor similarly to provide
Worker's Compensation Insurance and Employer's Liability
Insurance for all of the latter's employees unless such employees
are covered by the protection afforded by the Contractor.
In signing this Contract the Contractor makes the following
certification, required by Section 1861 of the Labor Coder
"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 commencing the performance of the
work of this contract."'
(b) LIABILITY INSURANCE. The Contractor shall take out and
maintain during the life of this Contract such Bodily Injury
Liability and Property Damage Liability Insurance as shall
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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 follows:
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Bodily Injury Liability Insurance in an amount not less than
$500,000.00 for injuries, including accidental death, to any one
person, and subject to the same limit for each person, in an
amount not less than $1,000,000.00 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
which shall also contain a provision that ti
heinsurance nafforded
thereby to the City, its officers and employees, shall be primary
insurance to the full limits of liability of the policy and that
if the City, or its officers and employees, have other insurance
against a loss covered by such policy, such other insurance shall
be excess insurance only.
19 . HOLD HARMLESS. The Contractor will save, keep, and hold
harmless the City and all officers, employees, and •agents thereof
from all damages, costs, or expenses, in law or in equity, that may
at any .time arise or be set up because of personal injury or damage
to property sustained by any person or persons by reason of, or in
the course of the performance of said work, or by reason of any
infringement or alleged infringement of the patent rights of any
person or persons, firm or corporation in consequence of the use
in, on, or about said work, of any article or material supplied or
installed under this Contract. Notwithstanding the above, the
Contractor shall wherever it is necessary keep and maintain at his
sole cost and expense during the course of his operations under
this Contract such warnings, signs, and barriers as may be required
to protect the public. The provisions of the preceding sentence
shall not impose any liability upon the City and are for the
express benefit of the general public.
20 . HOURS OF WORE. Eight hours of labor during any one calendar
day and forty hours of labor during any one calendar week shall
constitute the maximum hours of service upon all work done
hereunder, and it Ls expressly stipulated that no laborer, workman,
or mechanic employed at any time by the Contractor or by any
subcontractor or subcontractors under this Contract, upon the work
or upon any part of the work contemplated by this Contract, shall
be- required or permitted to work thereon more than eight hours
during any one calendar day and forty hours during any one calendar
week, except, as provided by Section 1815 of the Labor Code of the
State of California, 'work performed by employees of contractors in
excess of eight hours per day and forty hours during any one week •
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shall be permitted upon public work upon compensation for all hours
one-half worked in excess of eight hours per day at not less than one and
stipulated timethatthe forbasic each andeeverof yaviolation of Sections 1811-1815,
inclusive, of the Labor Code of the State of California, all the
provisions whereof are deemed to be incorporated herein, the
Contractor C$25 .0000) for. each laborer, worker, or mechanic emploedin
Contrasforfeittwenty-five
the execution of this Contract by Contractor, or byan
subcontractor under this Contract, for each calendar day uring
which said laborer, worker, or mechanic is required or permitted to
work
in more
weekht s inn violation ofalthanone earaand provisionsorof hours
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
:lay and each calendar week by all laborers, workmen, and mechanics
dmployed by him in connection with the work contemplated by this
Contract, which record . shall be open at all reasonable hours to the
inspection of the City of its officers or agents and to the
Division of Labor Law Enforcement of the Department of Industrial
Relations of the State of California.
21. WAGE RATES. Pursuant to the Labor Code of the State of
California, or local law thereto applicable, the City has
ascertained the general prevailing rate of per diem wages and rates
for holidays and overtime in the locality in which this work is to
be performed, for each craft, classification, or type of laborer,
workman, or mechanic needed to execute this Contract. The
prevailing wages so determined are set forth in the Specifications
and made a part hereof. Neither the notice inviting bids nor this
Contract shall constitute a representation of fact as to the
prevailing wage rates upon which the Contractor or any
subcontractor under him may base any claim against the City.
1776. (a) Each Contractor and subcontractor shall keep an.
accurate payroll record, showing the name, address, social security
number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to
each journeyman, apprentice, worker, or other employee employed by,
him or her connection with the public work.
(b) The payroll records enumerated under subdivision (a) shall be
certified and shall be available for inspection at all reasonable
hours at the principal office of the Contractor on the following
basis :
(1) , A certified copy of an employee's payroll record shall be
made available for inspection or furnished to such employee or
his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in •
subdivision (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 (a) shall be made available upon request to the
public for inspection or copies thereof made, provided,
however, that a request by the public shall be made through
eitherthe body awarding the contract, the Division of
Apprenticeship Standards, or the Division of Labor Standards
Enforcement. The public shall not be given access to such
records at the principal office of the Contractor.
Contractor
shall
certified
records
enumerated insubdivision (a) with the entity that . requested such
records within ten (10 ) days after receipt of a written request.
(d) Any copy of records. made available for inspection as copies
and furnished upon request to the public or any public agency by
the awarding bids, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement shall be marked or
obliterated in such a manner as to prevent disclosure of an
individual's name, address and social security number. The name
and address of the Contractor awarded the contract or performing
the contract shall not be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (a) ,
including the street address, city and county and shall, within
five working days, provide a notice of a change of location and
address•.
(f) In the event of noncompliance with the requirements of this
section, the Contractor shall have ten (10 ) days in which to comply
subsequent to receipt of written notice specifying in what respects
such Contractor must comply with this section. Should
noncompliance still be evident after such ten (10 ) day period, the
Contractor shall, • as a penalty to the state of political
subdivision on whose behalf the contract is made or awarded,
forfeit twenty—five dollars ($25.00) for each calendar day or
portion thereof, for each worker, until strict compliance is
effectuated. Upon the request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, such
penalties shall be withheld from progress payments then due.
(g) The body awarding the contract shall cause to be inserted in
the contract stipulations to effectuate this section. Such
stipulations shall fix the responsibility for compliance with this
section on the prime contractor.
!h ) The director shall adopt rules consistent with the California
Public Records Act, (Ch: 3 .5 (commencing with Section 6250) of Div.
7; Title 1. Gov. Ch. ) and the Information Practices Act of 1977,
(Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. )
governing the release of such records, including the establishment
of reasonable fees to be charged for reproducing copies of records
required by this section. (Added by Stats. 1978, Ch. 1249) .
1775.5 Nothing in this chapter shall prevent the employment of
properly registered apprentices upon public work. .
Every such apprentice shall •be paid the standard wage paid to
apprentices under the regulations of the craft or trade at which he
is employed, and shall be employed only at the work of the craft or
trade to which he is registered.
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Only apprentices, as defined in Section 3077, w.
•under apprenticeship standards and written a in areemenns
pFe
under Chapter 4 (commencing with Section 3070) , Dsvision3, of the
Labor Code, are 'eligible to be employed on public works. The
employment and training. of each apprentice shall be in accordance
with the provisions of the apprenticeship standards and apprentice
agreements under which he is training.
When the Contractor to whom the contract is awarded by the state
or any political subdivision, or any subcontractor under him, in
performing any of the work under the contract or subcontract,
employs workmen in any. apprenticeable craft or trade, the
Contractor and subcontractor shall apply to the joint
apprenticeship committee administering the apprenticeship standards
of the craft or trade in the area of the site or the public work
for a certificate approving the Contractor or subcontractor under
the apprenticeship standards for the employment and training of
apprenticeships in the area or industry affected; provided,
however, that the approval as established by the joint
apprenticeship committee or committees shall be subject to the
approval of the Administrator of Apprenticeship. The joint
con
apprenticeship
the subct
or tractororsubcontractor,Qesshall searrange o forrotheg dispatchjeof
apprentices to the Contractor or subcontractor in order to comply
with this section. There shall be an affirmative duty upon the
joint apprenticeship committee or committees administering the
apprenticeship standards of the craft or trade in the area of the
site of the public work to ensure equal employment and affirmative
action in apprenticeship for women and minorities. Contractors or
subcontractors shall not be required to submit individual
applications for approval to local joint apprenticeship committees
provided they are already covered by the local apprenticeship
standards. The ratio of apprentices to journeymen who shall be
employed in the craft or trade on the public work may be the ratio
stipulated ' in the apprenticeship standards under which the joint
apprenticeship committee operates but in no case shall the ratio be
less 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
the number of apprentices or the ratio of apprentices to journeymen:
stipulated in the apprenticeship standards. Upon proper showing by
. the Contractor that he employs apprentices in such craft, or trade
in the state on all of this contract on an annual average of not
less than . one apprentice to each five' journeymen, the Division of
Apprenticeship Standards may grant a certificate exempting the
Contractor for the l-to-5 ratio as set forth in this section. This
section Shall not apply to contracts of general contractors
involving less than thirty thousand ($30,000.00 ) or twenty ( 20)
working days or to contracts of specialty contractors not bidding
: ' for work through a general or prime contractor, involving less than
two thousand dollars ($2,000 .00) or fewer than five ( 5) working
days.
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meanpacraft or rentjceable craftde or traded e, "s aasa used in this section, shall
accordance with rules and regulationsprescribed
occupation thee
Apprenticeship Council. The joint apprenticeship
by
have the discretion 'togrant a certificate,ctwhichp committeesubject shall
to the approvaltor of which shall bem pn
contractor the t1-to-5lratio eset forth ppinntthishsection when it
finds that any one of the following conditions are metPl exempting a
(a) In the event unemployment for the previous three month period
in such area exceeds an average of 15 percent, or
(b
' area
)exceeds ha ratio ofthe
1-to-i,,, or apprentices in training in such
- (c) If there is a showing that the apprenticeable craft or trade
is replacing at least one-thirtieth of its journeymen annually
through apprenticeship training, either (1) on a statewide basis,
or (2) on a local basis .
(d) If assignment of an apprentice to any work
public works . contract would create a conditionerfo hichunwoulda
.
jeopardize his life or the life, safety, or property of fellow
apprenticed! the public at large if the specific task to which the
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When such exemptions are granted to an organization which' •
represents contractors in a specific trade from the 1 to 5 ratio on
a local or statewide basis the member contractors will not be
required to submit individual applications for approval to local
joint apprenticeship committees, provided they are already covered
by the local apprenticeship standards.
K contractor to whom the contract is •
subcontractor under him, who, in performing any ofwthe ework,orundan
erthe •contract, employs journeymen or apprentices in any
apprenticeable craft or trade and who is not contributing to a
fund or funds to administer and conduct the apprenticeship program
in any. such craft or trade in the area of the, site of the
work, to which fund or funds other contractors in the area of the
Site of the public
fund orfundspinleachwcraftarore ctradebinlwhichhhelemploysbjou to the
or apprentices on the public work in the same amount oruponsame basis and in the same manner as the other contractors do, but
where the trust ' fund administrators • are .unable to accept such
funds, contractors not signatory to the trust agreement shall pay a
like amount to the California Apprenticeship Council. The •
contractoror subcontractor may add the amount of such
contributions in computing' his bid for the contract. The Division
of Labot Standards Enforcement is authorized to enforce the payment
of.. sucfFaontributione to the fund or funds as set forth in Section
227.
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The body awarding the contract shall cause to be inserted in the
contract stipulations to effectuate this section. Such
section tionforhallallfix
the apprenticeablelitof occupationwiththe
compliance with
prime
contractor.
All decisions of . the joint apprenticeship committee under this
section are subject to the provisions of Section 3081 . (Amended by
Stats. 1976, Ch. 1179)
1777.6 It shall be unlawful for an employer of a labor union to
refuse to accept otherwise qualified employees as registered
areligiousecreed, color, naationalworks,
origin, ancestry,round of the sex, or agerace,
except as provided in Section 3077, of such employee. (Amended by
Stat. 1976, Ch. 1179)
1777.7 (a) In the event a contractor willfully fails to comply
with the provisions of Section 1777.5, such contractor shall,
(1) Be denied the right to bid on any public works contract for a
period of one year from the date the determination of
noncompliance is made by the Administrator of Apprenticeship) and
(2) Forfeit al a civil penalty in the sum of fifty dollars
($50 .00 ) for each calendar day of noncompliance. Notheithstanding
the provisions of Section 1727, upon receipt of such a
determination the awarding body shall withhold from contract
progress payments then due or to become due such sum.
(b) Any ' such determination shall be issued after a full
thereof
investigation,
accordance and with
e
th artLeasonablerulesand
hearing,
reasonable
procedures
prescribed by the California Apprenticeship Council.
_ (c) Any funds withheld by the awarding body pursuant to this
Rection 'Shall be deposited in the general fund if the awarding body
is a state entity, or in the equivalent fund of An awarding body if
such awarding body is an entity other than the state.
The interpretation and enforcement of Sections 1777.5 and 1777 .7
shall be ' in accordance with the rules and procedures of the
California Apprenticeship Council. (Amended by State , 1978, Ch .
1249)
•
It shall be mandatory upon the Contractor, and upon any
subcontractor under him, to pay not less than the said specified
rates to all
loed in the
execution ofthe laContract1,oriteis further n, and cexpresslhanics ymstipulated that
the Contractor shall, as a penalty to the city, forfeit twenty-five
dollar(' ($25.00) for each calendar day, or portion thereof, for
%. each leborer, workman, or mechanic paid less than the stipulated
;ptSJlliling rates for any work done under this contract by him or by
; t Any 'aubcontractor Under work done under this contract by him or by
°; dhy Subcontractor under him; and Contractor agrees to comply with
• all provisions of Section 1775 of the Labor Code.
Page 12
•
In case it becomes necessary for the Contractor or any
subcontractor to employ on the project under this contract, any
person in a trade or , occupation (except executives, supervisory,
administrative, clerical, or other non-manual workers as such) for
which no minimum • wage rate is herein specified, the Contractor
shall immediately notify the City, who will promptly thereafter
determine the prevailing rate for such additional trade or
occupation and shall furnish the Contractor with the minimum rate
based thereon. The minimum rate thus furnished shall be applicable
as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the
continuance of such employment.
• 22. ACCIDENT PREVENTION. Precaution shall be exercised at all
times 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 guardedor eliminated in accordance with the
safety provisions of the Construction Safety Orders issued by the
Industrial Accident Commission of the State of California.
23 . PAYMENT. Payment will be made in accordance with the attached payment
schedule. The City will make partial payment to the Contractor on the
basis of a duly certified approval estimate of the work performed
and materials incorporated in the project, during the preceding
calendar month, by the Contractor, but the City will retain ten
percent (10%) of the amount of each of said estimates until the
expiration of thirty-five (35) days from the date of recording by
the City of notice of acceptance of completion of all work covered
by this Contract, if such notice be recorded within ten days after
the acceptance of completion of such Contract as evidenced by
resolution of its governing body ; or, if such notice be not so
recorded within ten days, until the expiration of ninety-five ( 95)
days after the acceptance of completion of such work of improvement
as evidenced by resolution of its governing body, at which time and
not before, the City shall pay to the Contractor the whole of the
remaining ten percent (10%) of said contract price so held back as
provided; said certificates to be furnished by and obtained from
the City' s representative shall, before the last Tuesday of each .
month, deliver said certificates under hand to the City, or in lieu
of such certificates, shall deliver to the Contractor, in writing,
under his hand, a just and true reason for not issuing the
certificates, including a statement of the defects, if any, to be
remedied, to . entitle the Contractor to the certificate of
completion. - In event of the failure of the City's representative
to furnish and deliver said certificates or any of them or in lieu
•
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Page 13 •
•
thereof, the writing aforesaid, within ten (10) days after the
times aforesaid, and after written demand has been made upon him
for the same, the Contractor may file demand with the City, and, in
event said certificates are not furnished within ten (10) days
thereafter, the same shall become due and payable.
In case the City' s representative delivers the writing aforesaid,
in lieu of the certificates, then a compliance by the Contractor
with the requirements of said writing shall entitle the Contractor
to the certificates.
The payment of progress payments by the City shall not be
construed as an absolute acceptance of the work done up to the time
of such payments, but the entire work is to be subjected to the
inspection and approval of the City, and subject to whatever
inspection and approval may be required by law.
24 . PROTECTION OF PUBLIC UTILITIES. The City shall be
responsible as between the parties to this Contract only, for the
removal, relocation, or protection of existing public utilities, if
any, located on the site of construction, but only if such public
utilities are not identified by the City in the Plans and
Specifications made a part of the invitation for bids. The City
shall compensate the Contractor for costs incurred in relocating or
repairing damage to utility facilities not indicated in the Plans
and Specifications, other than service laterals when the presence
of such utilities on the construction site can be inferred from the
presence of such visible facilities as buildings, and meters and
junction boxes on, or adjacent to, the construction site. The
Contractor shall not be assessed liquidated damages for delay in
completion of the Contract project, as provided in Paragraph 27
below, when such delay is caused by the failure of the City, or
other public utility, to provide for the removal or relocation of
the existing utility facilities. If the Contractor while
performing the Contract discovers utility facilities not identified
by the City in the Contract Plana and Specifications, the service
laterals as hereinabove described, he shall immediately notify the
City in writing.
25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. 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 damage to the
work caused by an Act of God. "Acts of God" shall include only the
following occurrences or conditions and effecter 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 were of a magnitude at the site of the work sufficient to have
caused a proclamation of disaster or state of emergency having
occurred in a populated area. Subject to the foregoing, the City
shall not, , in any way or manner, be answerable or 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,
• 5T abed
•
•
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'SNOISIAOU4 'IKNOIZIQQY • •9Z_
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1990 CAPITAL IMPROVEMENT PAYMENT SCHEDULE
QUANTITIES CUT OFF DATE CHECK RELEASE DATE
FRIDAY 5: 00 PM FRIDAY
JANUARY 12 JANUARY 26
FEBRUARY 9 FEBRUARY 23
MARCH 9 MARCH 23
APRIL 6 APRIL 20
MAY 4 MAY 18
JUNE 1 JUNE 15
JUNE 29 JULY 13
JULY 27 AUGUST 10
AUGUST 24 SEPTEMBER 7
SEPTEMBER 21 OCTOBER 5
OCTOBER 19 NOVEMBER 2
NOVEMBER 16 NOVEMBER 30
DECEMBER 14 DECEMBER 28
_ —_ ___
1 STATE OF CALIFORNIA On this 20th day of...December ,in the year
COUNTY OF San Mateo ss. Nancy19Cecil ,before me,
a Notary Public,State of California,
duly licensed and sworn,personally appeared
•
• Cdrl 'SQiandri
******;;*�c**k*****i:******* personally known to me(or proved to me on the basis of satisfactory evidence)
OFFICIAL SEAL ,*h to be the person who executed the within instrument as.11.1C2.P.s}dent..
* C
NANCY CECIL 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
y` 410TirRY PUOLIC CALIFORNIA
y SAN MATEO COUNTY resolution of its board of directors.
MY COMMISSION EXPIRES JULY 20,1990 * IN WITNESS WHEREOF I have hereunto set my hand and :1Fixed
****************'ti********yr
my official seal in the..State..of. A Count of...S..U.,M• E'.Q
a Ms document ca oaya amoral lam weal may be proper lot ote Cl ample on the ddyy(('te sett ar a 1 is c, ificate.
transactions and iny.wry am.or a mended a act as a slesene lot the /_ rj1 I^,{`(.I�1 /
a0nw a an aonmy.Tla errata M1gsna mato any wNaM'saner°Won a Maes as to IN ! 11` AI ANN
/t
legal ralaly or any er>.wm a no eeaanay a nese lams In any spade transaam Notary Public, State of California
Cowdery's Form No.28—Acknowledgement to Notary Public— July 20, 1990
Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires Y
•
•
. Y
•
•
•
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
/ - Mayor:
/0,9, I G /
City Attorney. City Clerk:
Date/City Clerks /- 5'-7D
CONTRACTOR: Golden Bay Construction, Inc.
By: gatide,entno„4.
' Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary
acknowledgment required.
Project. Name and Numbers. DEANZA SIDEWALK INSTALLATION. PROJECT 89-108
Contractors Names GOLDEN BAY CONSTRUCTION, INC.
120.0 INDUSTRIAL RD. SUITE #1, SAN CARLOS, CA 94070
Contract Amounts FIFTY EIGHT THOUSAND FIVE HUNDRED NINETY THREE DOLLARS AND 50 /100
($58,593.50)
COatrart.. Account Number:• 440-01oo-953
Page 16 •
= F • EXHIBIT A
HID PROPOSAL
DE ANZA COTTmnm SI S RTIC INSTALLATION
PROJECT 89-108
TO 'WE DTRECIOR OF PUBLIC UMS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the Plans and Specifications for the work of the De
Anza College Sidewalk Installation,ation, Improvement District No. 66-1 in the
City of Cupertino, Project 89-109. I, the Undersigned, hereby propose to
do all work required to complete the work in accordance with the Plans and
Specifications 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, and transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given as a basis for carparison of bids. The City
of Cupertino does not state that the actual amount of work will correspond
but reserves the right toincrease of decrease the amount of any class or
portion of the work or to omit items or portions of the work deemed
unnecessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
procedures.
The work to be done consists of furnishing all labor, methods of process,
tools, machinery and material required to complete the DeAnza College
sidewalk Installation Project 89-108 as described in the Special
Provisions.
In the event of discrepancies between the written unit price and the
numerical unit price, the written price shall govern.
A bid bard in the amount of ten percent (10%) of the base bid is required.
• PROPOSAL PAGE 1 OF 7
C b • V . (71 A N N r N
z
N N N
O 111 -1 N O O a a N is HHH
r r S r N ti r r ig
hi h! hi :1 Ki hi . r U) 0
g P i
O W M a . vd �7
d m cao go
h'i ' ,§ ft o
N A Fn W r1
p
1
r r _
5 [ : 61 : 4 .
r g P4 PAfn
4 N {A N <A C) 0 C) N i/) P
Nr �rG
a a
•
I the undersigned agree that if this proposal is accepted, I will
enter into a contract with the City of Cupertino to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all
the work specified in the contract in the tanner and time specified.
I, the undersigned declare that this bid is Made without connection with
any person, firm, or corporation making a bid for the same 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 job
over another and each starting date where conflict of construction
schedules occur.
Attached hereto is the required certified check or bid bond in the amount
of $ Bidder's Bond , as required by law and the
(10% of Bid Amount)
Notice to Bidders.
•
PROPOSAL PAGE 3 OF 7
A. BID DOCUMENTS, Continued
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, the undersigned
submits the following statements as to his experience and to his qualifications
as a part of this proposal, and the truthfulness and accurancy of the informa—
tion is hereby guaranteed.
(1) How many years has your organization been in business
under its present name? 5 yrs.
(2) How many years experience in work comparable with that
required under the proposed contract has your organization
had by this or any other name? 5 yrs.
(3) Contractor's License No. 451401 , State of California,
Classification A
(4) List work similar in character to that required in the
proposed contract which your organization or personnel in
your organization has completed within the past 3 years.
Year Class, Location of Work and for Whom Performed Contract Amount
1986 Downtown Martinez City of Martina? $740 , 000 .00
1987 Bayshore Heights Park Parking Lot-City of Daly City 120, 000 . 00
1987 Sidewalk Repair & Tree Program- City of Redwood City 450, 000 . 00
1987 Downtown Walnut Creek-City of Walnut Creek 115, 011. 00
198.8 So. B. St. Sidewalk & Landscaping- City of San Mateo_1, 469 . 082. 21
1988 Reconstruction curbs, sidewalks-City of Cupertino 150 , 000 . 00
1989 East Santa Clara St.-City of San Jose 405 , 547 . 00
PROPOSAL PAGE 4 OF 7
A. BID DOCUMENTS, Continued
Name of Proposed Sub-contractors, if any
(Section 4104, Government Code)
1. rionet
2. •
3.
4.
5. •
6.
Address if Shop or Office of Sub-contractors
(Section 4104, Government Code)
1. ne-ne
2.
3.
4.
5.
6.
Work to be Performed by Sub-contractors
(Section 4104, Government Code)
1. ncule.
2.
3.
4.
5.
6.
PROPOSAL PAGE 5 OF 7
•
A.._ BID DOCUMENTS, Continued
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE
THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE
FIRM. IF A COPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT,
SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED.
TYPE OF BUSINESS: Individual:
Co-Partnership
Corporation Golden Bay Construction, Inc.
Joint Venture
Other
(Describe)
Name and Signature of Bidder:
L ' oi Zane e. Presiden
(Priv
/ (Signature)
Address (Both mailing and location addresses) :
1200 Industrial Road Suite 1
San Carlos . CA 94070
Telephone Number:
( 415 ).593-0310
Date: November 28, 1989
Luigi Zanette, President
• Carl Sciandri, Vice President
Addendas Received: Fred Raffin, Secretary
1 2 3 4 5
PROPOSAL PAGE 6 OF 7
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND
SUBMITTED WITH BID
State of California ss.
County of San Mateo r duly Luigi Zanette , beeie first dulls sworn, deposes and says that he or she is
President of y Line party making the foregoing bid that the bid
is not made in the Interest of, or .on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly Induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or Indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in
the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
Name and Signature of Bidder:
r nt) ,
44
Wgnature)
Date: November 28 , 1989
•
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PROPOSAL PMT 7 OP 7
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA s,
County or-Ssa.R Mateo,._.. _____.1
On this__14th day of___December in the year __..1.989 before me,a Notary Public in and for said
San Mateo _County,S!ate of California.residing therein,duly commissioned and sworn,personally
appeared_ Spman;,Toor :.` '-r tF personally known to me,0 proved to me on the basis of satisfactory evidence
to be the person whose name is subsc 'bed to this instrument as the attorney in fact of_Transamerica Insurance Company
and acknowledged to me that 0 he she subscribed the name of Tr an_$ameriCa Insurance Company —____thereto as
surety. and 0 hisher own name as attorney in fact.
IN WITNESS WH REOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
pOperac�lvaQ6sneevseewetemetatmse C Public ---
A , � ° pq�
DIAPIE CORDOBA y 5 /99�
�x' NOTARY PUBLICLALIFORNIA My commission expires)C1r
'v <x.! r PRINCIPAL OFFICE IN
kMf1eMPM-R^Py ComPPmIiNMEAxpTiEreD5CSeOpU5T.Y1
99[f2301100.111-1-113
PUBLIC WORKS
DEC 21 1989
FAITHFUL PERFORMANCE BOND
Bond No. 5262-25-95
Premium: $967 . 00
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, Golden Bay Construction, Inc.
as Principal and Transamerica Insurance Company
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of Fifty Eight Thousand Five Hundred Ninety Three and 50/100 Dollars
($ 58,593.50 ) lawful money of the United States, for the payment
of which will and truly to be made, we bind ourselves, our heirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated
with the Obligee
to do and perform the following work to-wit:
DeAnza Sidewalk Installation
Project 89-108 yy
gj
BEL" -151990
•
GOLDEN BAY CO
accEiv NST
NOW, THEREFORE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 14th day of December , 19 89 .
(To be signed by Principal Golden Bay Construction, Inc.
and Surety and acknowledgment.)
• By:
Principal
Transamerica Insurance Company
Surety
By:
Attorney-in-Fact Suman Toor
The above bond is accepted and approved this day of , 19
LABOR AND MATERIAL BOND
Bond No. 5262-25-95
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
Golden Bay Construction, Inc.
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and incorporated herein "by reference.
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors, shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the
Surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and Transamerica Insurance Company
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
, in the just, and_full, •gum of Fifty Eight Thousand Five Hundred Ninety,Three
and 50/100
($ 58,593.50 ) .
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 inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1184. 1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
ATTORNEY IN FACT ACKNOWLEDGMENT
0
STATE OF CALIFORNIA Fs.
of Ban Ma te.Q...._._...
On this 1 4th _._day of___.De.Cezztbez. .__,in the year 1989 .before before me,a Notary Public in and for said
_ Ran Mat..ea.—._.__._.________...._.__._._Countytate of California.residing therein,duly commissioned and sworn,personally
appeared______ SUIRa In_TOOx;__,__2_.___:!,____.__________ personally known to me,0 proved to me on the basks of satisfactory evidence
to be the person whose name is subscribed to this instrument as the attorney in fact ofTranSamerlCa Insurance Company
and acknowledged to me that 0 hes she subscribed the name of TraIlsamerlCa Insurance Company `thereto as
surety, and 0 hisher own name as attorney in fact.
IN WITNESS WH REOF. I have hereunto set my hand and affixed my official seal, the day and ear stated in this certificate above.
0neewaeetraanaeamuneEunu sssasaeemtssnsztata k �
! 1 ; 1r11.4°` DIANE CORDOVA N ary Public
a' i ,. NOTARY PUBLIC-CALIFORNIA �J /J
1 K-�i v' PRINCIPAL OFFICE IN /[ 7
J, My commission expires Q� —
I ,...71t.:,' SAN MATEO COUNTY
Wilda—1.03 rl my Commission Expires Sept 5. 1992
•
• Labor and Material Bond Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this 14th day of December , 19 89
Golden Ba onstruc,;on, Inc.
By. '
(To be signed by Principal Prin ipal
and Surety. Notary
acknowledgments required.)
Transamerica Insurance Company
Surety
I By: %Y L(�ii LQ/7'v 1)-67-1
Attorney-in-Fact
Suman Toor
The above bond is accepted and approved this day of
, 19
L.
•
6/17/85
Transamerica Transamerica Insurance Company
�I(. A Stock Company/Home Office:Los Angeles.California
' - P Insurance Services
• Power of 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 RAYMOND K. ROBERTS, SUMAN TOOR
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, recognizances or
other written obligations in the nature thereof,as follows: ANy AND AT,T, BONDS AND UNDERTAKINGS, UNLIMI'nr u
IN AMOUNT, IN ANY SINCIF INSTANCE, FOR OR ON BEHALF OF THIS COMPANY, IN ITS BUSINESS
AND IN ACCORDANCE WITH ITS CHAR7R,
and to bind TRANSAMERICA INSURANCE COMPANY thereby,and all of the acts of said Attomey(s)-in-Fact,pursuant to
these presents,are hereby ratified and confirmed.
This appointment is made under and by authority of the fallowing 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, endorsements, stipulations, waivers, 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 (i) the Board of Directors, (ii)
the President, (iii) and Vice President, or (iv) any other person 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 sealed by a facsimile under and by the authority of the following resolution adopted
by the Board of Directors 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 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 theseresents to be signed by its
proper officer and its corporate seal to hereunto affixed this 14TH day of AUGUST ,19 89
,©- By
• ...^° .H.Tanner,Vice President
State of California
County of SAN FRANCISCf ss
On this 14TH day of AUNT , 19 89 , before me Doris D. Motherspaw, 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. n n
OFFICIAL SEAL.
a DOflta D. MOTHERSPAW. •
4��9 Notary Public-CaIlftlmW
`WT9 ' 'LOS ANGELES COUNTY
My comm.Exp. May 7.1990
Doris D. Motherspaw, Notary Public
1719E (Continued) in and far the County of Los Angeles, California ,mme
I,W.G. Freeman,Assistant Vice President of Transamerica Insurance Company,do hereby certify that the Power of Attorney
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 / 91--k_ day of
3ecerng1s S9.
but / d —'
,....,a.
\ ! W.G. Freeman,Assistant Vice President
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PUBLIC WORKS
&Y '� �C�+ a �+ '�Y ; 'Mt C s �" 'g '� ISSUE DATE MM/DDIV
e• AtcIbitll €ERTU I€AT•E 9F I9 a7�,' NCE , : ° ile `Z ri98q.£ -' 12/ 15/89
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
AN DREINI & COMPANY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
220 W. TWENTIETH AVENUE
SAN MATEO , CA 94403 COMPANIES AFFORDING COVERAGE
( 415 ) 573- 1111
LETTERNV A SUPERIOR NATIONAL INSURANCE CO .
CODE SUB-CODE
COMPANY B
INSURED LETTER
GOLDEN BAY CONSTRUCTION CO . COMPALETTER a-.C
1200 INDUSTRIAL ROAD, STE. 1
SAN CARLOS , CA 94070 ETTERNvD
COMPANY E
LETTER
60VERAGES, " p' a1-4/4-::
� '24 R: +,:+`TOgi..z.,.a s`<z -V .. aw�„r,n.'+.,rt, '" _.,., -ral <.. ,V, -e, -".4,. '.'
-;: ... ..,w{,UR .8,< ,SIINSURED
3z. . is mss
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INUNAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO N
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONSALL LIMITS IN THOUSANDS
LTR DATE(MM/DDNY) DATE(MM/DDNY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2 ,J1OI
A _x COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ . 1 „alio ,,
CLAIMS MAD41 OCCUR. CSP 10127- 1 5/26/89 5/26/90 PERSONAL&ADVERTISING INJURY $ L,nn n,
iX OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1 , 000,
FIRE DAMAGE(Any one fire) $ 5.0
5-
MEDICAL EXPENSE(Any one person) $ 5 ,
AUTOMOBILE LIABILITY COMBINED
SINGLE $
ANY AUTO _ LIMIT
- ALL OWNED AUTOS Y_ ) BODILY
INJURY $
SCHEDULED AUTOS M HL i 6 199 J BO jp person)
-J HIRED AUTOS
NON-OWNED AUTOS INJURY $
— GO_DEN BAY CON St Per accident
GARAGE LIABILITY PROPERTY
DAMAGE $
EXCESS LIABILITY EACH AGGREGATE
— OCCURRENCE
, $ $
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION STATUTORY
AND WCP 11473-C 5/26/89 5/26/90 $ 1 ,..10.0_, (EACH ACCIDENT)
EMPLOYERS'LIABILITY $ 1 , 000 , (DISEASE-POLICY LIMIT)
$ 1 000 (DISEASE-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS
LIMITS OF LIABILITY AT INCEPTION
*EXCEPT WITH RESPECT TO NON-PAYMENT OF PREMIUM, WHICH SHALL BE 10 DAYS NOTICE .
AS RESPECTS: PROJECT - DEANZA SIDEWALK 89- 108 FILE#92-007 1
'CERTIFICATE HOLDER ' "i ` `; fT la.:474!CANCELL`ATION ,rn~!`-rA,an 1 W" '', '`''kk;T r t <.fz;�' 1 ,I , „:ref z
a, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF CUPERTINO k EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
10300 TORRE AVENUE „ MAIL*30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CUPERTINO , CA 95014 ."; LEFT; BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
ATTN : LAVEN IA MILLAR ' LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE �`�
�NDREINI & CQNIAN GClir�a�Gr� .C�i�7
*ACORDi25 S,(3IBB Rata.* "` , .tt!*",14 �,.6 r + ._``,w ":x .T,.« . . .J. itl. _..<.,a.. ,:;' ©ACORR TIONL1988l
l7 nI 1' on
POLICY NUMBER: CBP 10127- 1 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF CUPERTINO ITS OFFICERS AND
EMPLOYEES
(If no entry appears above,information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
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PUBLIC WORKS
INSURED: GOLDEN BAY CONSTRUCTION
JAN 5 1990
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CG 20 26 11 85 Copyright, Insurance Services Office. Inc.. 1984
