HomeMy WebLinkAbout92-008 Handicap Ramp Installation Proj.92-9401 92-008 HANDICAP RAMP INSTALLATION
PROJ . 92-9401
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COIRRhLV FUR PUBLSC WORKS
HANDICAP RAMP INSTALLATION
PROJECT 92-9401
CONTRACT° made on June t2, 1992 by the CITY OF CUPHUM, a municipal
corporation of the State of California, hereinafter
pycalled
v}�rthe CITY, and
GaEEW 8it11A CMVBWCT1W, MC. here called the LRil�li�ACTOR.
IT IS FAY AGREED by the parties as follows:
1. Z1E CONTRACT DOCUMENTS. The complete contract consists of the
following contract documientr.:
A. Plans and Specifications for HANDICAP RAMP INSTALLATION, PROJECT 92-9401
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 C MrRACTOR are fully set
forth and described herein.
All of the above documents are intended to cooperate so that any work
called for in one arzi not mentioned in t}v-- other, or vice versa, is to be
executed the same as if mentioned in all of said docents. The documents
oagprising the Ccuplete 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. TIC WCM. The Contractor agrees to furnish all of the tools,
equipnent, apparatus, facilities, labor, transportation, and material
neoessary to perform and couplets in a good and workmanlike manner, the
work of 1NSZUU[J= HWJECAP RAMS 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 Plan:3 and Specifications are entitled,respectively, and
utdch Plans and Specifications are identified by the signatures of the
parties to this Cbntsact.
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It is understood and agreed that said tools, api.pmnent, apparatus,
facilities, labor, transpcwtation, and material shall be furnished, and
that said work shall be performed and oompleted 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: $31.,LSO.00 "hirty one 'iiroaow d, Cm HMdred P`i fty DGUrs) subject
to additions and deductions as provided in the Contract Documents, per
Wii,bit "A" attached hereto.
4. DID PERTAINING m PA'YmERr FcR wm. Shcxald any disW.;e arise
respecting the true value of the work clone, 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 aaoordanoe with the agreement of tha parties, or in
accordance with the rules of the American Arbitration Association if the
parties are unable to agree.
5. ='F S, OMLIANCE wnM LAW. The Contractor shall, at his escpense,
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 re?ati M 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 Specificati-m-is require work to be specially tested
or approved, it shall not be tested or covered up without timely nokioe 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 notAce, approval, or consent, It mist, if required by the
City, be unsXrered for examination at the Contractor's expense.
7. EXMA CR ADDITIONAL WORK AND CHANGES. Should the City at any time
during the progress of the work require any alterations, dimiat ions,
additions or omissions from the Specifications or Plana or the Contract
DacLunents, 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 rase
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
niles of the American Arbitration Association if the parties are unable to
agree. No extra work shall be perfommed or dsange be made eoxxept by a
written order from the City, duly authorized by resolution of its
god 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.
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8.. C1WVES 7.O MFEr EIV rMMM I M RMiTIRE1+w'I5. She City shall have the
right to make chnges in this Contract during the course of eanstruction
to Ding the eoupleted bprovemencts into eoupli.anc a with environmental
ental.
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. NATICN, AMENUMfld►I'S or MWIFICATIONS. This Contract may be
terminated, amended or modified, with the mutual consent of the parties.
Zhe compensation payable, if any, for such termination, ammt m t. or
modifications, shall be deter mired 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. TDIE FCR CC MPLErION. All work under this Contract shall be
colleted: 25 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, lc.:mots 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 coupletion shall be extended accordingly.
This paragraph does not exclude the recovery of damages for delay kyy
either party under other provisions in the Contract Documents.
11. INBPF]CTICdM AND TESTING OF HUMIALS. 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 frwn the Contractor.
12. NATION FOR MACH, M. If the Contractor should be adjudged a
bankrupt, or if he should make a general assigment for the benefit of hds
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 oorrections 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, ar*d 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 perform the Cm-Axact, or
does not commence performance thereof within thirty days from the date of
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the serving of such nation, the City may take over the whack and prosecute
the same to completion by contract, or by any other method it may deco
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 eamss cost
occasioned by the City thereby, and in such event the City may, without
liability for so doing, take possession of, and utilize in oannlasting the
work, such materials, appliances, plant and other plat; belonging to
the Contractor as may be on the site of the work and necessary therefor.
13. THE C=11 S RIGHr M WITHHOM CERTAIN APES AND MAKE APPLICATION
T EMF. In addition to the amount which the City may retain under
Paragraph 21 of this Contract until the final completion and aoceptanae of
all work covered by the Contract, the City may withhold frorn payment to
the Contractor such an amount or amounts as in its judgment may be
necessary to Fay just claims against the Contractor or any subaoitractors
for labor and services rendered and materials furnished in and about the
work. The City may apply such withheld amount or molts to the payment
of such clam 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 inade without prior
judicial determination of the 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.
14. NOTICE AND SERVICE 1W!FMF. 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 rat 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 DMUSnUAL RQW, SUM 1, S N MRIM, Ch
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 Unit-: d States mails,
enclosed In a sealed envelope, adiressed to such surety or person, as the
case may be, at the address of such surety or persons last eonucxucated by
him to the party giving the notice, postage prepaid and certified.
15. ASSIGNMENr OF CONIRACr. Neither the contract, nor any pat thereof,
nor moneys due or to become due thereunder, may be assigned by the
Contractor without the prior written approval of the City.
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16. COMPLIANCE WT rH SPBC:LSFIC AITC HS OF MATE PJAL.S. Vaienever in the
ceeif ieations, any material or process is indicated or specified by
patent or proprietary name, or by name of manufacturer, such
Specifications must be not by Contractor, unless the City agrees in
waiting to some other material, pry or article offered by Contractor
which is equal in all respects to the one specified.
17. CONTRACT SECURITY. The Contractor mhall .furnish a surety bond in an
attK+t nt at least equal to one hundred percent (100%) of the Contract price
as security for the faithful performanvie of this Contract. rnve
Contractor shall also furnish a separate w-rety band 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 sapplies, used in, upon, for or about the performance
of the work contracted to be clone, or for performing ant( work or labor
thereon of any kind, and for the payment of amounts due under the
Unemployme., t 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 Ly the court in case suit is brought upon the
bond.
18. INSURANCE. The Contract 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 commerce work on his
subcontract until all similar insurance requi.-red 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) slays' notice moist
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) WDRIW I S OWENSATION INSURANCE .AND EMPLOYER I S LTABILXI'Y
INSURANCE. The Contractor shall take out and maintain during the life
of this Contract Worker's Compensation Insurance and Employer's
Liability Insixanoe for all of his employees employee at the site of
the project aril, in case any work is sublet, the Contractor shall
require the subcontractor similarly to provide Worker's Compensation
Insurance and Employer's Liability Insurance for all of the latter's
employees unless such employees are covered by the protection afforded
by the Contractor.
In signing this Contract the Contractor makes the following
certification, required by Section 1861 of the Labor code:
"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
campensatiaa i or to undertake self insurance in accordance with the
provisions of the Code, and I will fly with such provisions before
ocmnencing the performance of the words, of this contract".
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(b) r iABn rry msupmc . The Contractor shall take out and maintain
during the life of this Contract such Bodily Injury Liability and
Property Damage Liability T.nsuanee as shall protect hire end any
performing work covered by this Contract from claims for
prey fie, includuq third-party property damage, to include
coverage on property in the care, custody and control of the
Contractor, and a',so excluding what are commonly known as the "X, C,
and V, exclusicais (having to do with blasting, collapse, and
underground propm ty damage), which may arise from Contractor's
operations under thus Contract, uthether such operations be by himself
or by any subcontractor or by anyone directly or indirectly employed
by either Of then and the am xmts of sudh insurance shall be as
follows:
Bodily Injury Liability Instmance in an amourrc 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 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 nsuranoe 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. HOM MT4ffXSS. 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
ratent 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, anal barriers as may be required to protect the
public. The provisions of the preceding sentence shall not impose any
liability upon the r.°ity and are for the express benefit of the general
public.
20. HOURS OF WORK. Eight hours of labor during any one calendar day and
forty hours- of labor during any one calendar week shall constitute the
maxJumm► 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 subcontractor or subcontractors under this
Contract, upon the work or upon any part of the work contemplated by this
Contract, shall be rwpaired or per nutted 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 C alifcania, work performed by employees of Contractors in excess of
eight hours per day zind forty hours during any cm week stall be permitted
upon public work upon motion for all hours worked in excess of aight
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tan-s per day at not less than one and one-half tip the basic rate of
pay. It is further expressly stipulated that for each and every violation
of Sections 1811-1815, inclusive, of the Labor Cade of the State of
California, all the provisions whereof are deeveed to be incorporated
herein, the Contractor shall forfeit, as a penalty to the City,
twenty-five dollar: ($25.00) for ea&. laborer, worker, or mehani.c
employed in the execution of this Contract by Contractor, or by any
subcontractor under this Contract, for each calendar day during which said
laborer, worker, or mechanic is required or permitted to work more than
eight hours in any one calendar day and forty hours in any one calendar
week in violation of the p-ovisions of said sections of the Labor Code.
The C.ontracl"- , and each subcontrp-:tor, shall keep an a=wate record
showing the names of and actual hours worked each calendar day & d each
calendar week by all laborers, workmen, and mechanics employed by him in
connection with the work oontenplated by this .]contract, which record shall
be open at all reasonable hours lot the hispection 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 daft,
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 wade 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 subeont,.ractor 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 ertumezated in subdivision
(a) shall be made available upon request to the public for inspection
or copies thereof made, provided, howe'jex, 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
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Standards Enfartsnt. The public shall not be given access to such
records at the principal office of the contractor.
(c) Each Contractor shall file a certified copy of the records
enumerated in subdivision (a) with the entity that requested such records
within ten (10) days after receipt of a written request.
(d) Any copy or records made available for inspection as copies and
furnished upon rest 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 nnm m and address of the Contractor awarded the contract or
performing the contract shall not be marked or obliterated.
(e) The --It r shall inform the body awarding the contract of the
location of the records ennzwrated 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 evennt, of r liannoe with the requirements of this section,
the Contractor shall i ave ten (10) days in which to comply subsogtient to
receipt of written notice specifying in what respects such Contractor must
comply with this section. should norccoplianoe 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 ar portion
there-if, for each worker, until strict coupliance is effectuated. Upon
the request of the Division of Apprenticeship Standards or the Division of
Lases Standards Ernfarr�nentt, such penalties shall be withheld from
PC ss 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 to 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 regul -ions of the craft or trade at which he is employed, and
shall be sTloyed only at the work of the craft or trade to which he is
registered.
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Only apt entives, as clef ink in Section 3077, who are in training urrler
apprenticeship standards and written apprentice agreements under Chapter 4
(Commencing with Section 3070) , Division 3, of the Labor Code, are
eligible to be employed on public works. The employment and training of
each apprentice shall be in a000rdarwe witi, the provisions of the
apprenticeship standards and apprentice agreements under which he is
training.
When the Contractor to wham 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 admini-terang the
apprenticeship standards of the craft or trade in the area of the site or
the public work for 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 apprenticeship or Committeess, subsequent to
approving the subject contractor or subcontractor, shall arrange for the
dispatch of apprentices to the Contractor or subcontractor in ordQx 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 coven 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 Lander which
the joint apprenticeship eaemmittee operates but in no case shall the ratio
be less than one apprentice for each five jounteymen, except as otherwise,
provided in this section.
The contractor or subcontractor, if he is covered by this sei-Lion, upon
the issuance of the approval certificate, or if he has been previously
approved in such craft or trade, shall emplc+y the number of apprentices or
the ratio of apprentices to journeymen stipulated in the apprenticeship
standards. Upon proper showing by the contractor that he ploys
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 exerting
the contractor for the 1-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 throe h a general
or prime Contractor, involving less than two Viousand dollars 11$2,000.00)
or fewer than five (5) working days.
"Apprenticeable craft or trade," as used in this secticin, shall mean a
craft or trade determined as an apprenticeable ration in accordance
with rules and regulations prescribed by the ARa vxTticeship council. The
joint apprenticeship committee shall have the discretion to grant a
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certificate, which shall be subject to the appioval of the Adn nistrator
of Ahrenticeship, exeg3tinq a omAxactar from the 1-to-5 ratio set forth
in this section when it finds that any orm of the following conditions are
met:
(a) In the event unemployment for the previous three month period in
such area ems an average of 15 percent, or
(b) In tha event the number of apprentices in training in such area
exceeds a ratio of 1-to-5, or
(c) If there is a showing that the apprenticeable craft or trade is
replaci.ng at least one-thirtieth of its journeymen annually through
appren+:ioeship training, either (1) ai a statewide basis, or (2) on a
local basis.
(d) If assignment of an apprentice to any work performed under a public
works contract would crate a condition which would jeopardize his life or
the life, safety, or property of fellow emloyees of the public at large
if the specific task to which the apprent is to be assigned is of such
a nature that training cannot be provided by a journeyman.
Mien such exemptiortis 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 oontractors will not be required to submit
individual applications for apprrnal to local joint apprenticeship
cormnittees, provided they are already covered by the local apprenticeship
standards.
A amitractor to whom the contract is awarded, or any subcontractor under
him, who, in performing any of the work, under the contract, employs
journeymen or apprentices in any apprF:ntiaeable craft or trade and who is
not contributing to a fund or funds to administer and conduct the
apprenticeship program in any such craft or trade in the area of the site
of the public work, to which fund or funds other Contractors in the area
of the site of the public work are contributing, shall contribute to the
fund or funds in each craft or trade in which he eiq:)loys journeymen or
apprentices on the public work in the same amount or upon the same basis
and in the same manner as the other Contractors do, but where the trust
fund administrators are unable to accept such funds, Contractors not
signatory to the trust agreement shall pay a like amount to the California
Apprenticeship Council. The Contractor or subcontractor may add the
amount of such contributions in cuing his bid for the contract. The
Division of Labor Standards Enforcement is authorized to enforce the
payment of such contributions to the fund or funds as set forth in Section
227.
The body awarding the contract shall cause to be inserted in the contract
stipulations to effectuate this section. Such stipulations shall fix the
responsibility of ompliance with this section for all apprenticeable
occupations with the prime contractor.
All decisions of the joint apprenticeship c mmittee under th).s section
are subject to the provisions of. Section 3081. (Amended by Stats. 1976,
Ch. 1179)
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1777.6 It stall be unlawful for an employer of a labor union to refuse
to accept otherwise qualified employees as registered apprentices on any
public works, on the ground of the rave, religious creed, color, national
origin, arCestrl, sex, or age, except: as provided in Section 3077, of such
employee. (AmetxW 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 noiootcpliance is
made by the Administrator of Apprenticeship; and
(2) Forfeit as a civil penalty in the sum of fifty dollars ($50,00)
for each calendar day of nonoomgpliance. Notwithstanding the
provisions of Section 1727, upon receipt of such a determinaLion 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 investigation, a
fair and impartial hearing, and reasonable notice thereof in accordance
with reasonable rules and procedures prescribed by the California
Apprenticeship Council.
(c) Any funds withheld by the awarding body pursuant to this section
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 iliterpretation and enforcement of SectiorLs 1777.5 and 1777.7 shall be
in accordance with the rules and procedures of the California
Apprenticeship Council. (Amended by Stats. 1978, Ch. 3249) .
It shall be mandatory upon the Contractor, and upon any subcontractor
under him, to pay not less than the said specified rates to all laborers,
workmen, and mechanics employed in the execution of the Contract. It is
further expressly stipulated that the Contractor shall, as a penalty to
the City, forfeit twenty-five ($25.00) for each calendar day, or portion
thereof, for each laborer, workman, or mechanic paid less than the
stipulated prevailing rates for any work done under this Contract by him
or by any subcontractor under work done under this Contract by him or by
any subcontractor under him; and Contractor agrees to comply with all
provisions of Section 1775 of the Labor Code.
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 oa;upation and shall furnish the Contractor with the inininum rate
based thereon. The minis m► 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.
11
22. ACCIDERr PREIAWION. Precaution shall be excised 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. Ma.d,inery, 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. PAYS'. Payment will be made in accordance with the attached
paymeM schedule. The City will make partial payment to the Contractor on
the rasis of a duly certified approval esti*nate of the work performed and
materials incorporated in the project, during the preening calendar
mon'ch, by the Contractor, but the City will retain ten percent (10%) of
Uva amount of each of said etstimates until the expiration of thirty-five
(35) days frcn 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 test days, until the expiration of
ninety-five (95) days after the acceptance of completion of such work of
ii�rovement 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 manth,
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 fvxnish and deliver said certificates or any
of them or in lieu thereof, the writing aforesaid, within ten (10) days
after the time aforesaid, and after written demand has been made upon him
for the same, the Contractor may file deneand with the City, and, in event
said certificate, are not furnished within ten (10) days thereafter, the
same shall became 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
its 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 acc:W any 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. PRDr'=CN OF PUBLIC UrILXrM. 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
12
relocating or mooring damage to utility facilities riot indicated in the
Plans and Specifications, other than service laterals when the pro�enoe of
such utilities on the construction site can be inferred from the pxv---Amm
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 bl
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 plans and Specifications, the
service laterals as hereinabove described, he shall immediately notify the
city in writing.
25. 0O TTRAC7MIS R iSIBILITY FAR THE WORK. The Oantractor shall not
be responsible for the cost of repairing or restoring damage to the work
caused by an Act of God. NWMMMESS, the Contractor shall, if the
insurance premiums 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
effects: 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, on, or about the same during its
eanstnuction and before acceptance.
26. CUMRACTOR°S GLMRAN M. ?he Contractor unqualifiedly guarantees the
first-class quality of all workmanship and of all materials, apparatus,
and equipment used or installed by hum or by any subcontractor of supplier
in the project which is the subject of this Contract, unless a lesser
quality is expressly authorized in the Flans 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
case 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
acceptan=c- of ocmpletion of this Contract by the City, the Contractor will
forthwith rem9dy such defects without cost to the City.
27. LIQUIDATED DAMAGES. Time shall be of the essence of this
C=*xact. If the Contractor fails to complete, within the time fixed for
such completion, the work hereinbefore mentioned and described and hereby
contracted to be done and performed, he shall become liable to the City
for liquidated damages in the sum of $1W.00 (Cne Bknxkmd Fifty Dollars)
for each and every calendar day during which said work shall remain
uncompleted beyond such time for eonpletien 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
be deducted by the City from moneys due the Contractor hereunder, or his
assigns and successors at the time of oaupletion, and his sureties shall
be liable to the City any excess.
28. ADDITIONAL PROVISIONS. None
13
ft
STATE OF CALIFORNIA On this...... 10 th......day of•......Jun.e.....................in the year
COUNTY OF.....San Mateo ss. ....... 1....?........................................................before me,
............ Nancy_c y„
...... . . ...........,....,a Notary Public,State of California,
duly licensed and sworn,personally appeared..................................
.....Lu 9?..4.P.Qtte..........................................I........
,
« HtlOiR9B9iBHtRROCTRlt3RRRUtip^,R�i�tHiWlit personally known to me(or proved to me on the basis of satisfactory evidence)
'e MG 6 s to be the person who executed the within instrument as...2.res.ident.•••.
,IN" 11 LUC-CALIFORN1A� or on behalf of the corporation therein named and acknowledged to me that
;,;C c*,,L OFFICE IN S such corporation executed the within instrument pursuant to its by-laws or a
- I I U COUNTY �� resolution of its board of directors.
P,1y mi3 July 20, 1994 "' 1N WITNESS WHEREOF l have hereunto set my hand and affixed
my official seal in the...State•.of...C A.....,County Of...Sa.1j..pga•teo
i "m«tenq agaeaawm•^K^ ww. �� wmme ............................odthtt date set forth above in-this certificate.
uMSALllalu did 41 M wa,a U.C.4 an.a1 a tub wwe Im Q.
IXIOW of an worrol panty
ty am W nutie any wanauy u ap�eea eI a.aa a N*e0 vw
.a
k10 rmy A a1,powson w ua,suaawa,m uww 1—n an,,µa:aa^aaa�,a., Notary Public,State of California
Cowdery's Form No. 28—Acknowledgement to Notary Public— -
Corpurutiun(C. C.Secs. 1190-1190.11— 41tev. 1/83) My commission expires
P. O. No.
IN WI'TST W VHMWF, the parties hwve aa=ted t Us Cm*ract, in
duplicate, the day and year first hereinabave written.
CITY OF tXTgublic
Approved as to farm
City A Dir ctor, ofrks
Date 6/121.92
C50NIRACMR:
By: /1L
` 77
Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary
acknowledgment required.
Project Name and Number: HMMCRP BMW I&EIATYM, PFMB= 92-9W1
C ont ra&=Is Name: GMM HAY CYmmsm1'I(I i, M.
Contractor's Address: 1200 XmDu9nuAL a=, SM= i1, SDI QiYUffi, C&
94070
• Contract Amount: $31,M (MdrLy COe '1 bmxmd One Bm2ved Pifty ®al 7ms
Contract Account Number: 220-9401"'9W
t .
r
14
1992 tPrrAL n v xrr P
QUAHrrrIm ayr OFF DATE CHEKK RELEASE DITE
FRIDAY 5:00 PH FRMAY
JANUARY 10 JANUARY 24
FEERtlARY 'J 20
MAIni 6 FP". 30
APRIL 3 APRIL 17
MY MAY15
MAY 28 JU E 12
JUNE 26 JULY 10
JULY 24 AUGWr 7
AUGUST 21 4
• SE'P'rEMBER 18 OCIZBER 2
OCI0HER 16 OCIOBER 30
NOVEMBER 13 NOVEMBER 25
DECEMBER 11 DECE MBER 23
li
CITY OF CUPERrINO
t INTERDEPARTMENTAL Date JU'3E 22, 1992
To CITY CLERK From PUBLIC WORKS--SUNI
❑ Information MESSAGE; HANDICAP RAMP INSTALLATION (INFORMAL BID PROCESS_
0 Implement PROJECT 92-9401
D Investigate
❑ Invests TRANSMITTED FOR YOUR RECORDS:Dis
❑ See me 1. ONE COPY OF CONTRACT —
❑ Reply 2. ONE COPY EACH OF FAITHFUL PERFORMANCE BOND AND
LABOR AND MATERIAL BOND
3. CERTIFICATE OF INSURANCE, 6/9/92.^
Reply;_---- sm --
attach.
SIGNED: DATE
Forward part I Retain part 2
STATE OF CALIFORNIA On this.. 10 th day of.....Junq... ...................in the year
COUNTYOF....San Mateo....... .............9,g2....... ............................................befomme,
......N,anc_y..Ce, ,i1,,,,,,,,,,,,,,,,,,a Notary Public,State ofCalifornia,
duly licensed and sworn,personally appeared..................................
........ u�,9. ..Z4nette.................................................
»>saer�s®ne.e�uaaa.o.erruew,:.�. personally known to me(or proved to me on the basis of satisfactory evidence)
V"raNCY C;XIL to be the person who executed the within instrument as...President
or on behalf of the corporation therein named and acknowledged to me that
� �,•:Y�`'w-. rJC7t•.r,Y PUBLIC-CALIFORNIA'-
t;a P,.tr�CIPAL OFFICE IN r such corporation sxecuted the within instrument pursuant to its by-laws or a
SAN):ATEO COUNTY resolution of its board of directors.
My Commission Expires.July 20, 1990 affixed IN WITNESS WHEREOF I have hereunto set my hand and axed
eartwneaeauooaoaereuatoao6tuelf a e
my official seal in the.....S.tA tQ ..Q4..C�...,County of.54lA.A..Ma.t...4...
U"ooc�rrwu s W"a c�tl�+ awl to pow for own anv+. ••....•. I.On.the date net forth abovg in this certificate.
rrrsa�mu am o ro rer rn.or s rerrow a a.��rcauwe b er I ) d fi
anw a w�aeanrr(ro PacM awa ra mru+ro�uremy wtrr�eDrwe ea rtepine�7 n W Yr i r �{` f�.) i)6 `_�.r
+a vfy d any F.wdan W ur wmtla►a urea tor ro n.np ewe roruacuun N rye P#icc, State of Culi{ornl
Cowdery's Form No.20—Acknowledgement to Notary Public— ,!'ir}
Corporation(C.C.Seca. 1190-1190.11—(Rev. 1183) My commission expires
C�
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of.....................SA.T1
--male.0............
On this..............................I.Q.th.......................day of ......... in the year ........................--.—......before me.a Notary Public in and for said
......................................5an-Mateo..................... ................................................County,State of California.residing therein,duly commissioned and sworn,personally
appeared--------- —..X]personally known to me,[:]proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to this instrument as the attorney in fact of._._H a rtf n rd-Fire-1nsur-anc?-1nmpwV............__
and acknowledged to me that K he 0 she subscribed the name of as
surety, and K]his F1 her own name as attorney in fact
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea), the day and year stated in this certificate above
.............. ............ .............
rjP.r1r-(.Y CECIL a Notary Public
n. :.IC-CALIFORNIA
My commissi 4-.............
i' PAI ( FFICE IN on expires ...................
CC)COUNTY
July 20, 1909'4
t
Executed in Duplicate Bond No. 5097953
Premium: S467 for term
F""I UE. PEki ORIMANCE BOND
KNOW' :1 .L `lE:; BY THESE PU SENTS:
THAT :dl:, GOLDEN BAY CONSTRUCTION, INC.
:is Pr i.ncipa l and HARTFORD FIRE `INSURANCE COMPANY
as Surety are held and firmly bound unto the City of Cupertino, Srate of California,
in thu suwn of Thirty one thousand - one hundred and fifty and' no/100ths. Dollars
( , 31.150_Q0 ) 1,1�. i ui wuu,v of the United State;, for the payment
Of which will and truly to be made, we bind ourselves, our heirs, executors,
succeSsors and assigns, jointly :ind severally, firmly by these presents.
THE CONDITION of I-he above obligation is such that,
WHEREAS, the Print i pal 11-A." L-111 ored into :► contract dated June 10, 1992
with the Ob Ligee to do and perform the following; work to-wit:
Installina handicap ramps
Project 92-9401
NOW, THEREFORE, if the said Principal shall well. and truly perform the work
!ncracted to be erformed 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 10th day of June 1992
(To be signed by Principal
and Suretv and acknowledgment.. ) GOLDEN BAY CONSTRUCi10N, INC.
Princi 1
HARTFORD FIRE INSURANCE COMPANY
Surety
,s is i
Rich WassalI , et dray=iir,-Fct
A
The above bond is acce;,ted and approved this day of 19
HARTFORD FIRE INSURANCE COMPANY
Hartford.Carrroettcut
POWER OF ATTORNEY
Know all men by thew Presents. That the HI RTFORD FIRE INSURANCE COMPANY a
Corporation curt'oroan,rea under the laws of the State of Connecticut,and having Its pnrv_'ma?office in the City of Hartford,
County of Hartford. State of Connectirut,does hereby make.constitute and appoint
:CFi \SSALL If S.AN A,9TEO, CALIFOR-NIA
its true and lawful Attomev(s)-in-pact, wltn full power and authority to each of said Attorneyis)-in•Fact, in their separate
capacity tf more man one is named above,to sign,execute and acknowledge any and ail bonds and undertakings ano other
writings obltgatory in the nature thereof on behalf of the Company s business of guaranteeing the fidelity of persons
holding places of public or private trust: guaranteeing the performance of contracts other than insurance policies:
guaranteeing the performance at insurance contracts where surety bonds are accepted by states and municipalities. and
executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by taw allowed,
and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as it such bonds and
undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD
FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers.and hereby ratifies and confirms all
that Its said Attorneys)-in-Fact may do in pursuance hereof.
This power of attorney Is granted by and under authority of the following provisions:
,I I By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called
and held on the 9th day of March, 1971,
ARTICLE IV
SECTION 6 The President o!any Vice-President aci.nd win any Secretary of Assistant Secretary.snEb have Dower and autnonry to appoint 'or
ei ouroos onry of executing and attestino oonds and Waenaangs and other writings ool,oatorV in the nature thereof.one or more Residen!Vice-Pres aerits.
=esiaeni Assistant SeC+eian9S and AlTomevS.,n-Fam and at any time to remo,.e any such Resident Vice-Presioeni.Reaidenl Assistant.Secretary.or
z.Lio!nev-In-Fact.and revoke the power and aufhOnty given to him.
SECTION 11 AttomevS-in-Fact snail have Dower and autnonty,subject to the terms and hmilamns.of the Dower of attorney issued to them to
ei&cute and delr.,er on Denali of Ins Comoany and io attach the seal of Ins ComDanv thereto any and all bonds and undertakings and other wrltinOs
aDligatory it Ina nature thereof,and any such instrument executed by any such.Attorney-in-Fact snail be as DI WIN upon the Comoany,as tt wined oy
an�.xecuvvo Officer and sealed and anteted oy one Other Of such OmCerc.
(2)Excerpt from the Minutes of a meeting of the Board of Oirectors of the HARTFORD FIRE INSURANCE COMPANY
ouly called and held on the 1 tth day of June. 1976:
RESOLVED Robert N.H Serfew Assistant vice-Presaent,snail nave,as long as ne holds such office,the same Dower as any Vice-Presklent under
Sections 6.7 and tl of ArrUe IV of the ay-Laws of me Company.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 6th day of
August. 1976.
RESOLVED,that,whereat,Robert N.H.Serer Assistant Vice-Presdent,acting with any Secretary or Assistant Secretary,has me Dower and
authority.as long as he holds such office,to appoint by a Dower of attorney.for ourooses only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof,Ore or more Resident Vice-Presaents.Asshs, i Secretaries and Attorneys-in-Far':
Now,therefore.the signatures of such Officers and me seat of the Company me,ve affixed to any such Dower of attorney or to any cemflcate relating
thereto oy facsimile,and any such Dower of attomev or certificate bearing such lacsimte signatures or tacwmile seat snail De valid and binding uDon the
ComDanv and any such Dower so executed and certified by facsinile signatures and facsimile seal shall De valid and binding upon the Compani in the
future with resDect to any Dona or unoortaking to wnicn it Is aiacthem
It, Witness Whereof, the HAHTFOHD �:iRE ;N'SURANCE COMPANY has caused these presents to be signed by
its Assistant Vice-President. and its corporate seal to be hereto affixed. duly attested by its Secretary this 22nd day of
August 1990.
HARTFORD FIRE INSURANCE COMPANY
Attest:
Richard R.Hermanson
Secretary
Robert N H Serer
STATE OF CONNECTICUT Assistant Vice-Presidenr
COUNTY OF HARTFORD ` ss
On this 22nd day of August.A.D. 1990.before ma personally came Robert N.H.Saner,to me known,who being by me duly
sworn, did depose and says that he resides in the County of Hartford. Stale of Connecticut: that he is the Assistant
Vice-President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the
above instrument: that he knows the seal of the said corporation: that the seal affixed to the said instrument is such
corporate seal:that it was so affixed by order of the Board of Directors of said corporation and that he signed his name
thereto by like order.
STATE OF CONNECTICUT }
l is Jean H.Wotm lk
COUNTY OF HARTFORD , �. Notary Public
-�r—r My Comrnrasgn Expues March 31.tees
CEIRTIRCATE
1.the undersigned,Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY,a Connecticut Corporation.
DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been
-evoked and furthermore that the Resolutions of the Boerd of Directors set forth in the Power or Attorney are now in force
Signed and sealed at the C,tv of Hartford Dated the 10th cav of June t9 92
��_,� �ssrstarr�e:✓etan,
Form 5-3507.5 (HF) �•�+e _
• Executed in bUDiica.te_ Bond No. 5OR1953
Premium: Included in
Performance Bond
LABOR AND MATERIAL BOND
KNOW ALL MI:N BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of Calitornia, 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 particulari.y 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
HARTFORD FIRE INSURANCE COMPANY
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of Thirty one thousand - one hundred fifty
and no/100ths.
($ 31,150.00
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the
same and also will pay in case suit is brought upon this bond, such reasonable
attor.ney`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.
STATE OF CALIFORNIA On this....l O th.,,....,day of.........June....................in the year
SanMateo SS. .........199 .......................2....................... ..... ...before me,
COUNTY OF.... ..................... Nancy...CeG l.l................,a Notary Public,State of California,
e duly licensed and sworn,personally appeared..................................
.......Luigi..Zane.tte...................................................
avuue+asuroeeooNaeaaaewou�a�o�eaucmesc� personally known to me(or proved to me on the basis of satisfactory evidence)
+ a r1C,'
CECI to be the person who executed the within instrument as...Br•Qs dent� + C��C-{:ALIFCRN! = or on behalf of the corporation therein named and acknowledged to me that
z- 01 FICE IN such corporation executed the within instrument pursuant to its by-laws or a
_)CGUNTY 9 resolution of its board of directors.
JI:ly M, 19iX
.........:..::uuaaas�su�o 1N WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the..State..of..CA..•.. ,County of.. San Mateo
rns docutneta,sudya{tanetal to—wna:n n,ar tw wxgwt toy use-n su pw ............................ ...,.-{un the date set forth above in this certificate.
VanaapNps atd m tW war dLYS.er IS tMenOeQ to dCi as a luDselule tut Vte % �/1 1/
eOvice d an attanreY.Tn pegm Wes not mane any warranty nehet e.press Of u,Ow d as to 1" _1_l,7 1!_ 1 -
"w valoty W any ptovtsWn w the S IdD ty nt flaw M any Spun¢Yarts0.lron Votary Public, State of California
Cowdery's Form No. 28—Acknowledgement to Notary P:iblic — j�,4�
Corporation(C.C.Secs. 1190-1190.11--IRev. 1!83) My commission expires ' ''�'� ��
(. t
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIIF�RN'n Aateo
County of ;
10th June 1992
On this...... Sih Riti6' day of...................—....... in the year . .........................................before nic,a Notary Public in and for said
........................R'l 6h--V&�-�-61-1.................................................................-...........County.State of California.residing therein.duly commissioned and sworn,personally
appeared .......--,*"-*----,.--.K]personafly known to Int,[:]proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to this instrument as the attorney in fact of liar Insurance Q M
tf ord_-Ei n
-re- -------
and acknowledged to me that R3 be 0 sin subscribed the name of Hartfo-rd—Fire as
surety, and C1 his[:]her own name as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, the day and year stated in this certificate above,
1ltaes>muueAsse>!uaaeonanoaenrtnottntoeantatuauR J.'
.......... .. ........
VPJ'JCy CECIL Notary Public
N0rAi*-%Y i'UULIC-CAL IFORNIA KIINCIPAL OFFICE IN z My commission expires ........
S AN M. ATEO COUNTY
Commission Expires July 2o, 1994
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 ..iny wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this i:.strument has been duly executed by the
Principal and Surety this loth day of June 2 19 92'
DEN kl) Y CONSTRUCTION, IN .
(To be signed by Principal ✓ Pri► 1paI
and Surety. Notary
acknowledgments required.) HARTFORD FIRE INSURANCE COMPANY
Surety
By:
Rich Wassall , A' ey-in- act
The above bond is accepted and approved this day of
19
6/17/S5
HARTFORD FIRE INSURANCE COMPANY
. Hrrrtnbrtl.connsctecut
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY a
corporation duty organ+zee under rhet laws,-lf the State of Connecticut,and having its principal office in the City of Hartford,
County of Hartforc State of Connecttcut, does nereby make.constitute and appoint
its true and lawful Attomeytsl-in-Fact, with full power ano authority to each of said Aftomey(5)-m-Fact, in their separate
Capacity it more than one is named above,to sign,execute and acknowteoge any and all bonds and undertakings and other
writings obligatory in the nature thereof on oehatt of the Company in its business of guaranteeing the fidelity of persons
holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies:
guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities.and
executing or guaranteeing bonds and undertakings required or permmed in all actions or proceedings or by law allowed.
and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as Cully and to the same extent as it such bonds and
undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD
FIRE INSURANCE COMPANY and seated and attested by one other of such Officers,and hereby ratifiers and confirms all
that its said Attorney(s)-in-Fact may do in pursuance hereof.
This power of attorney is granted by and under authonty of the following provisions:
t 1)By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called
and held on the 9th day of March, 1971.
ARTICLE IV
SECTION 8.The President or anv Vica-President acting with anv Secretary or Assistant Secretary,small have power ano authonry to appoint for
curooses oniv of executing ana anestino dons ana unaertai in is ana other writings ootigatory in the nature inereot.one or more Resident Vice-Presidents.
es went Assistant Secretaries ano Anornevs-m-Fact ano at any time to remove anv sucn Resident Vice-President,Resident Assistant Secretary,or
Ahornev-in,Fact,ana revoxe me Dower ano allthofltV given to him
SECTION t t Artdrmevs-mn FEict snail have Do"t and autnom.suoiect in ino tents ana limitations of the tower of attorney issueo to them ie
execute ana oeliver on Dehalf of me Companv and to anon the seal of the Company inerreto any ana all bonds ana undertakings,ano other wntings
colviory in the nature mereot ano anv such instrument executed by any such Attorney-in-Fact snail De as binding upon the Company as it stoned ov
an executive Officer ano sealed one anesteo py one other at such Officers
12)Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE COMPANY
duly called and held on the 11th day of June. 1976:
RESOLVED,Robert N.H.Senor.Assistant vice-Presdent.snail have,as long as tie rotas such office,me same power as any Vice-President under
Sections 6.7 ano 8 of Arbcio IV of the By-Laws of me Company.
This power of attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted
by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 6th day of
August. 1976.
RESOLVED.flat,whereas Robert N.H.Senor.Assistant Vice-President,acting wdh anv Secretary or Assistant Secretary.has me power ano
authority.as long as he holds such once.to appoint by a power of attorney,for purposes oniy of executing and attesting bonds and unaenakirgs ana omer
writings coligatory in the nature thereof,one or more Resident Vtce-Prestoonts,Assistant Secretaries and Artomerys-in-Fad:.
Now,therefore,the signatures of sucn Officers ano the seal of the Company may be affixed to any such rower of attorney or to any certificate relating
thereto ov tacsiillife,ana any sucn power of attorney or certificate offering sucn tacstlhile signatures or facsimile seal small be valid ano b.mma upon the
Company ano any such power so executea ano certified by facsimile signatures ano facsimile seal small be vale and binding upon the Company in the
future with!aspect to any fond or undertaking to wh!ch it is attached.
In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by
its Assistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 22nd day of
August 1990.
HARTFORD FIRE INSURANCE COMPANY
Attest:
Richard R Hermanson
Secretary
Robert N H Senor
STATE OF CONNECTICUT + ='
Assistant vice-Presroenr
ss
COUNTY OF HARTFORD S
On this 22nd day of August.A.D. 1990,before ma personally came Robert N.H.Saner,to me known,who being by me duly
swom, did depose and Say: that he resides in the County of Hartford. State of Connecticut: that he is the Assistant
Vice-President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the
above instrument; tnat he knows the seat of the said corporation; that the seat affixed to the said instrument is such
corporate seal:that it was so affixed by order of the Board of Directors of said corporation and that he signed his name
thereto by like order.
STATE OF CONNECTICUT '��%
Joan H.wdzniak
COUNTY OF HARTFORD i f'ol"Hippo
My OorivruSgwrt Expires month 31,1"4
CERTIFICATE
I,the undersigned,Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY,a Connecticut Corporation,
DO HEREBY CERTIFY that the foregoing and attached POWER OF.ATTORNEY remains in full force and has not been
"4"oG.ed and furthermore that the Resolutions or the Board of Directors set f(rth in the Power of Attorney are now in force
Signed and sealed at the City of Hartford Dated the loth %y of June 1992
Form S-3507.5 (HF) ri i ieC _ --
iBSU£DATE W1uxtryY
s'
m
PRODUCER THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORWATWN ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE It=ER.TitIS,CERTIFICATE
AN D R E I N I AND COMPANY DOES NOT AMEND,EICTEND OR ALTER THE COVERAGE AFFORDED BY THE.
220 WEST 20TH AVENUE POMMES BELOW,
SAN MATEO, CA 94403 COMPANIES AFFORDING COVERAGE
(415) 573 — 1111 COMPANv
LETTER A TRANSAMERICA INSURANCE COMPANY
COMPANY 13
INSURED LST7ER PACIFIC COMPENSATION
GOLDEN BAY CONSTRUCTION COMPANY
1200 INDUSTRIAL ROAD, STE 1 LETTER COMPANY
SAN CARLOS, CA 94070 COMPANY
LETTER
COMPANY
yam,* AY�i.� LETTER
Y�rTi+,.7M741G��F'�" � i . , 'l i '4', Y•F' ,;� :� ��
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR 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 CLAIh1S.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM1DDlYY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL.AGGREGATE $ 2 ,0Iffew
A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 1,000,000
CLAIMS MADE X Occ,,. T731915337 5/26/92 5/26/93 PFFISONAL&ADV.INJURY $ 1,000,000
X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,00 0,00 0
FIRE DAMAGE(Any one fire) $ 50,0 0 0
MED.EXPENSE(AnyI one person) S 5,-goo
'iiTOMOBILE LIABILITY
A X ANY AUTO CA31915342 5/26/92 5/26/93 COMBINED SINGLE $ 1 ,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIRED AUTOS BODILY INJURY
X NUN-OWNLi,AUTOS (Per accident) $
GARAGE LIABILITY
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM
r^WORKER'S COMPENSATION STATUTORY LIMITS
B WP-012627-92-04 3/15/92 3/15/93 EACH ACCIDENT $ 1 ,000,000
AND
DISEASE—POLICY LIMIT $ 1,000,000
EMPLOYE.""LIABILITY
DISEASE--EACH EMPLOYEE $ 1 ,000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSIVENICLESISPECIAL ITEMS
*EXCEPT WITH RESPECT TO NON—PAYMENT, WHICH IS 10 DAYS.
AS RESPECTS: HANDICAP RAMP INSTALLATION PROJECT' 92-9401=< SHOULD ANY C,F THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF CUPERTINO ^ EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL
103010 TORRE AVENUE MAID ' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THECU PER T Y N 0, CA 95014 LEFT, Ct#7f3C06XIKDtR?OGA�C�ft3f�CN�ts1ClX
4db�Qk1){�BQIO�7�lt�Q�A(9f�CN�[9i� iC�
t AUTNORIPED REPRESENTATIVE —
f
HOLD HARMLESS AGREEMENT
IT IS HER."BY UNDERSTOOD AND AGREED THAT
THE CITY OF CUPE'RTINO
AND THE EMPLOYEES OF THESE COMPANIES ARE HELD HARMLESS FROM ANY
AND ALL CLAIMS, DEMANDS, SUITS OR LOSSES ASSERTED, MADE OR
RECOVERED BY ANY PERSON ON ACCOUNT OF THE ACTS OR OMISSIONS OF
CONTRACTOR OR CONTRACTOR'S AGENTS, SERVANTS OR EMPLOYEES HERE UNDER.
RE: HANDICAP RAMP INSTALLATION PROJECT 92-9L01
INSURED: GOLDEN BAY CONSTRUCTION COMPANY