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88-025 Andero Concrete, Inc., Handicapped Ramp Installation, Project No. 88-4002 t CONTRACT FOR PUBLIC WORKS CONTRACT made on May 24 , 1988 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and ANDERO CONCRETE, 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 HANDICAP RAMP INSTALLATION PROJECT 88-4002 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 Specificatipns 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 HANDICAP RAMP INSTALLATION, PROJECT 88-4002 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, Page 1 • ' and which Plans and Specifications are identified by the signatures of the parties to this Contract. it is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to 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 : $19,065.00 NINETEEN THOUSAND SIXTY-FIVE AND 00/100 DOLLARS 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, efc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. • 6 . INSPECTION BY THE CITY.. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to ' be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should. the City at any time during the progress of. the work require any alterations, • • Page 2 • deviations, additions or omissions from the Specifications 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. 8 . 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 patties, 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: WITHIN THIRTY (30) WORKING DAYS AFTER NOTICE TO PROCEED • 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. Page 3 • 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 pioperty 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 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. - • Page 4 14 . NOTICE AN-D SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to 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: P.O. BOX 5580 .'SAN JOSE CA 95150-5580 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 the 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 (100%) of the' contractprice 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 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 required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract, until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's 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 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 Cadet "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 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 followsa • Bodily Injury Liability Insurance in an amount not less than $300,000.00 for injuries, including accidental death, to anyone person, and subject to the same limit for each, person, in an amount not less than $500,000.00 on account of one accident, and • Page 6 • • Property Damage Liability Insurance in an amount not less than $250,000 .00 . The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance Shall be excess insurance only. 19 . HOLD HARMLESS. The Contractor will save, keep, and hold harmless • the City and all officers, employees, and•agents thereof from all damages, costs, or expenses, in law or in equity, that may at any .time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement person orpersons,afirm or corporationementinofconsethe quence atent rofhtthe f 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 calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any 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 week,�gexcept,1easaprovidedndar abyand Sectiony1815utofduthegLaboroCodeaofnthe State of California, 'work performed by employees of contractors in • excess of eight hours per day and forty hours during any one week • shall be permitted upon public work upon compensation for all hours • worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation 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 shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for• each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which 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 provisions of said Sections of the Labor Code. • • Page 7 • The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar y 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. certified payroll and records renumerated subdivision (a) hallbeavailablefor inspectiontaall 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 the contract, the uDivision "of pLabor tStandards ative of tEnforcement he body rdand 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 hpublic for ovided, inspection owever, that a request by the iepublic rshall mbeemaderthrough either the body awarding the contract, the Division of Apptenticeship 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. (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. Page 8 (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. ih) 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. • Page 9 . Only apprentices, as defined in section 3077, who are in training under 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 trainingof 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 apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the 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 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 through a general or prime contractor, involving less than two thousand dollars ($2,000 .00) or fewer than five (5) working days. • • Page 10 . L. ' • • • "Apprenticeable craft or trade, " as used in this section, shall • mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the have Apprenticeship c ethediscrCouncil. The joint etion 'togranta certificate, which pshallibeesubject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are met: Ca) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or • (b ) In the event the number of apprentices in training in such area exceeds a ratio of 1-to-5, or is (creplacing®atis a leastshone-thirtieththat s oapprenticeable pritsiCjourneyrent or trade through apprenticeship training, journeymen annually or (2) on a local basis . either Cl)(1) on a statewide basis, (d) If assignment of an apprentice to any work performed under a public works contract would create a condition which would employees jeopardize his oyeesofthe public• life, at largeifthe sa specific fetor ptaskrto whichtof lthe apprentice 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. • A or •to whom the subcontractor under him, who, inoperformingtract iany ofs wthee work,orundan erth'e .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 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 funds in each trade in which on the public work in the same amounts orouponythe 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 contractoror subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of tabot' Standards Enforcement is authorized to enforce the payment bf. eueh •dontributiona to the fund or funds as set forth in Section 227. • U Page 11 • ' The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. such stipulations shall fix the responsibility of compliance with this section for .all apprenticeable occupations with the prime contractor. All decisions of . the joint apprenticeship committee under this section are subject to the provisions of Section 1081. . (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 apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, 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 aa a civil penalty in the sum of fifty dollars ($50 .00 ) for each calendar day of noncompliance. Nothwithstanding 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 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 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 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 dollatd 1$25.00) for each calendar day,' or portion thereof, for ''•• ditch abater/ workman, or mechanic paid less than the stipulated ; 1tsU*ilinq rates for any work done under this Contract by him or by • ;;,• any :eubconttactor Under work done under this Contract by him or by i .4;°; ahy subcontractor under him; and Contractor agrees to comply with • • ' ' ' all provisions of Section 1775 of the Labor Code. • Page 12 it abed naTT uT so way; ;o due io ea;eo1;Tgiao Pres xa6TTap pue ysFuin; o; ant;e;uasaadaa s ,L;TO BY; ;o aanTTe; ay; ;o ;um uI •uoT;aidwoo . 30 aleoT;T4aao ay; o; ao;osa;uo0 ay; aT;Tqua o; 'paTpawai aq o; 'Auw ;T 'sgoa;ap ay; ;o ;uawa;e;s a buTpnTouT 'sa;voT;Tzaap ay; buTnssT ;ou so; uoseaa ally; pug gsn[ a 'poem sT4 aapun 'buT;Tas uT 'sogoesaua0 04; 0; .aATT9P TTe4s 'sa;eoF;F;sap mons ;o naTT uT 20 'La FO 94; 0; privy aapun se;eoT;T;.eo pFes sanTTaP 'y;uow • gpea ;o Aepsany ;set ay; aao;aq 'flays anT;eguasaadaa s ,L;To ay; woi; pauTe;qo pue Lq paysruan; aq o; sa;epi;Tgaao pTes 4papTnosd SE NJeq PTa4 os aorad 4oes3uoo Pres ;0 (%Om) ;uaosad ua; buTuTewas ay; ;o ato4M ay; so;0ga;u00 ay; 0; Led Treys L;TO ay; 'aio;aq ;ou pue awn yoTy" qv 'Apoq buruaanob BIT ;o uoT;ntosaa Lq paouaprna se ;uawanoadw1 70 Naos mons ;o uor;atdwoo ;o aoue;daooe ay; as;;e eSep (56 ) aAT;-LgauTu ;o uoT;eITdxa ay; TTgun 'sAep ua; uT4;FM papaooaa os ;ou aq aoT;ou mons ;F 'so : Lpoq buTuaanob s;F ;o aoT;nTosaa Lq paouepTna Be ;Oea;uo0 mons ;o uoT;aTdwoo ;o aoue;dapoe ay; as;;e step ua; ury;TM papaooaz eq aaT;ou mons ;F ';oeaquo0 era; Lq pazenoo Naos TTe ;o uorgatdwoo ;o aoue;dapoe ;o a0Tgou ;o Ag TO ay; Lq buTpaooaa ;o a;ep ay; won step (5£) aAT;-A;IF4; 3o uoT;eiTdxa at;; TF;un sa;ewr;sa PTes ;o Epee ;o ;unowe ay; ;o (YOT) ;uaoxad ua; uTe;aa TTFM A4TD 94; ;nq 'ao;osaguo0 ay; Lq 'q;uow aepuaTao buTpaoaad ay; buTanp 'gDeCoad ay; uT pa;saodaoouT eTeraa;ew pue • pawao;aad NaoM at;; ;o a;ewr;sa TwAoadde par;F;aao ATnp e ;o sTseq ay; uo ao;pea;uo0 at;; o; ;uawded TeTgaed ahem TTTM 43JOa41 •aTnpay3s auamAed pag3e;;e eq; y;TM aOuepaOOOe uT apem aq TTTM ;uamLed • tuawxvd 'Et •eTuao3TTe0 Jo agegs a4; ;o uoTssTwwoD quapTooy TPTagsnpul ay; Lq .panssT saap.O Lga;es uoT;ona;suo0 ay; ;o suorsTnoad L;a;es ay; 4;Ts a0uepao00e uT pa;euTwTTa ao papaenb eq Treys spaeze4 a94;o pue ';uawdTnba 'LaauTypew • panaasgo eq Treys sapoo uoT;ona;suoo pua buTPTFnq 'sMeT atgWOTtdde ;o suoTsTAoad L;a;es ayy •L;aadoad pue (saaxotdwa burpnTouF) suosaad ;o uoT;oa;osd ay; ao;. sawn TTe ;e pasTOaaxa eq Treys uoT;ne0aad • NOIyNGA3)id JNSaI00Fl •ZZ •;uauwdotdwa Bons ;o aOuenuT;uoo ay; buTanp pus papa;;e uosaad a4; ;o ;uawdoTdwa TeT3TuT a4; ;o awT; ay; m011 uoT;edn000 ao apea; Lions ao; wnwTuTW a ea aFgeoFTdde eq Treys paysTuan; any; aqua wnwruTw ayy •uoaaay; peseq a;ea wnwTurw ay; 4;TM ao;0sa;uo0 ay; ysTuan; Treys pus uor;edn000 JO epea; TeuoflTpPV 40ns ao; a;ea buTTTenaad ay; auTWSa3ap as;;eaaa4; AT;dwoad TiIM 04m 'd;FO 94; L;Fgou LTageTpamoT TTe4e a0;pea;uo0 ay; 'paF;roads uraaay sT a;ea ab8M • wnwTuTw ou yoTLiM ao; (40ne se sa9NIOM Tenuew-uou 10410 ao 'TaoTzaTo 'anTgea;sTuTwpe 'AaosTt.adns 'sanggnoaxa ;daoxa) uoF;wdn000 ' ao apes; a uT uosaad Atm ';oeaquoo sTyg aapun ;oaCoad ay; uo Lotdwe 0; 1o;oea;uoogns Awe ao ao;0sa;uo3 ay; ao3 Caessapau sawooaq ;r asap ul • 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 Plana 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 Plans 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 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, Page 14 on, or about the same during its construction and before acceptance. 26 . CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In 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 acceptance of completion of this Contract by the City, the Contractor' will forthwith remedy such defects without coat to the City. 27. LIQUIDATED DAMAGES. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of $150.00 ONE HUNDRED FIFTY AND 00/100 DOLLARS for each and every working day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. "28. • ADDITIONAL PROVISIONS. None Page 15 - STATE OF CALIFORNIA On thMnd day of June in the year one COUNTY OF Santa Clara thousand nine hundred and 88 , before me, Lenis L. Pato , a Notary Public, State of California, duly commissioned and sworn, personally appeared Incline Woodford known to me to be the President of the corporation described in and that executed the within instrument, and also known to OFFICIALSEAL s me to be the person who executed the within instrument on behalf LEN'S LPATO^�•NOACLARA COUNTY TATPPUBLIC-CALIFORNIA A' of the corporation therein named, and acknowledged to me that such corporation executed the same instrument MY CM. EXP. NOV. 21,1959 z IN WITNESS WHEREOFIhavehereuntosetmyhandandaffixed my offician seal in the City of San Jose County of This document is only a general form which may be proper lot use Santa Clara the day and year in this certifi ate irst above written. in simple transactions end in no way acts.Di is intended to act.as a ' substitute for the advice of an allomey.TAe publisher does not make any warranty. ��p' �./w e�'y//y , either express or implied.as 10 the legal validity of any provision or the suitability of Notary Public, State of California a these!arms in any spehc Iransactron. Cowdery's Form No. 28 — Acknowledgement My commission expires //-0244- X 7 Corporation (C. C. Secs. 1190-1190.1) 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 cyf r-1 • Si,r Mayor: City Attorney City Clerk:e/ a Date/City Clerk: 6 ?�ga CONTRACTOR: ANDERO CONCRETE, INC. 4-1 Ludine Woodford, Presi, .t Notary acknowledgment required. If a corporation, corporate seal • and corporate notary acknowledgment required. Project. Name and Number:. HANDICAP RAMP INSTALLATION, PROJECT 88-4002 Contractors Name: ANDERO CONCRETE, INC. , P.O. BOX 5580; SAN JOSE, CA 95150-5580 Contract Amount: $19,065'.00 • NINETEEN THOUSAND SIXTY-FIVE AND 00/100 DOLLARS • COntrabt. Account Number t• 120-4002-453 • • Page 16 . June -1 UE (MM/DDNVY) DATE. Of ] . CERTIFICATE °OF°1°NSURANCE° IS ne -1,. 1988 PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS El NO.RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. R.G. Speno, Inc. Oper. ID CR - " 18900 Stevens Creek Blvd.#200 COMPANIES AFFORDING COVERAGE Cupertino CA 95014- _ COMPANY A - - - - - , - . LETTER - I1 L ::i . II2':11 - - - COMPANY B INSURED LETTER , ANDER° CONCRETE, INC. COMPANY C ' P.O. BOX S' 558 O LETTER • SAN.JOSE, CA 95150 COMPANY LETTER B COMPANY E _ LETTER ' COVERAGES THIS IS TO CERTIFY THAT 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 CONDI- TIONS OF SUCH POLICIES. E TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MM/DOPM DATE(MM/ODmI ALL LIMITS IN THOUSANDS GENERAL LIABILITYI . GENERAL AGGREGATE $ . COMMERCIAL GENERAL LIABILITY / / / / PRODUCTS COMP/OPS AGGREGATE $ ..CLAIMS MADE nOCCURRENCE / / / / PERSONAL&ADVERTISING INJURY $ I. OWNERS 8 CONTRACTORS PROTECTIVE / / / / EACH OCCURRENCE - $_ . - / / / / FIRE DAMAGE(ANY ONE FIRE) $' 1. MEDICAL EXPENSE ZANY ONE PERSON) $ AUTOMOBILE LIABILITYI -1.1 ANY AUTO / ///// / / CSL $ - - . ALL OWNED AUTOS / / / BODILY . SCHEDULED AUTOS / / / (PER PERSON) . HIRED AUTOS / / / IN(y�p�IgV $ . NON-OWNED AUTOS ///// , / / AC618EN11. $ . GARAGE LIABILITY / / / / PROPERTY - . / / / / DAMAGE $ . • r--- EXCESS LIABILITYI AGGREGATE GCCURRENLE, / 1 / 1 $ $ III OTHER THAN UMBRELLA FORM / / / / WORKERS'COMPENSATION STATUTORY - _ AND HIP 009784 0/01/87 10/01/88 i$: 100 (EACH ACCIDENT) EMPLOYERS'LIABILITY / / / / 5.-". WO (DISEASE-POLICY LIMIT) $ I00 (DISEASE-EACH EMPLOYEE) OTHER - - - - _ I / I / / / / / / / DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS - JOB: Handicap Ramp Installation - ob: Replacement of Existing Perimeter Sidewalk. - - CERTIFICATE HOLDER ' CANCELLATION ° City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. 10 300 Torre Avenue PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Cupertino, California 95014 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON. HE COMPA Y,ITS AGEN OR.REPRESENTATIVES. AUTHORIZED REPRESENT ` ,✓ ACORD 25S(11185). - ° J ° . . D IIWA�CORPORATION 1985 i an i Ac11nn4 CERTIFICATE OF INSURANCE �UES(I "leD Y) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS EVERETT W. STARK AND COMPANY NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 2190 Stokes Street, Suite #103 San Jose, CA 95128 - COMPANIES AFFORDING COVERAGE (408) 294-4106 COMPANY A INSURANCE CO. OF THE WEST LETTER CODE SUB-CODE - COMPANY B urmn LETTER NSERO CONCRETE, INC. - — - - - P.O. BOX 5580 COMPANY C LETTER SAN JOSE, CA 95150-5580 COMPANY D LETTER COMPANY E LETTER COVERAGES - ' 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 CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE I POLICY NUMBER I DATE(MM/DD/YY) DATE(MM/DD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ 27000 A—X� CSJ556275 5/31/88 5/31/89 I x000— COMMEfl GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ ( CLAIMSIMS MADFTX (OCCUR. PERSONAL&ADVERTISING INJURY $ 17000 — X OWNER'S&CONTRACTOR'S PROT - EACH OCCURRENCE $ 1000 _ FIRE DAMAGE(Any one fire) $ 50 MEDICAL EXPENSE(Any one person) $ 5-- AUTOMOBILE LIABILITY COMBINED A X-1 CSJ556275 5/31/88 5/31/89 SINGLE $ 1,000 ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) j HIRED AUTOS I BODILY INJURY I $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY '7C DOC Respects: Paul and June Guerrero DAMAGE $ EXCESS LIABILITY I EACH AGGREGATE OCCURRENCE $ $ OTHER THAN UMBRELLA FORM ( WORKER'S COMPENSATION STATUTORY I $ I (EACH ACCIDENT) AND $ I (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ (DISEASE—EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIRESTRICTIONSISPECIAL ITEMS Handicap Ramp Installation 88-4002 All California Operations Certificate Holder To Be Named As Additional Insured CERTIFICATE HOLDER CANCELLATION - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Cupertino LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 10300 Torre Avenue LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE� � IV EVERETT W. STARK & COMPANY ACORD 25-S(3/88) I BY: C-' Cfr ©ACORD.CORPORATION 1988 POLICY NUMBER: CSJ556275 COMMERCIAL GENERAL LIABILITY. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • • ADDITIONAL INSURED - OWNERS, LESSEES OR • CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: , COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE • Name of Person or Organization: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Handicap Ranip Installation 88-4002 (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. but only with respect to liability arising out of "your work" for that insured by or for you. • "The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only." • • • • • • • • CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 • STATE OF CALIFORNIA On this 2nd day of June in the year one COUNTY OF Santa Clara,-- thousand nine hundred and 88 , before me, Lents L. Pato , a Notary Public, State of California, duly commissioned and sworn,, personally appeared a. ' Lurlinwc'Woodford-. known to me to be the President of the corporation described in and that executed the within instrument, and also known to OFFICIALSEAL •. •V I`+!"►�'$ LENIS L PATO me to be the person who executed the within instrument on behalf �t��'iy$ SANTA CLARA of the corporation therein named, and acknowledged to me that such SANTA CLARA COUERY IyMY CO?d. EXP. NOV. 24,1922 corporation executed the same instrument IN WITNESS WHEREOF I have hereunto set my hand and affixed my offician seal in the Ci ty of San Jose County of This document u only a general form wheat.may be proper for use Santa Clara the day and year in this certi icat• birst above written. . in simple transactions and in no way acts.or Intended to act.as a ,- / 1 / Substitute for the advice of an altOrrley.Tie publisher does not make any warranty. , / ./ les either elm ess or implied.as to the legal vatiddyot any provision or the suitability of NotaryPublic, Staten California mese forms in any specific transaction f Cowdery's Form No. 28—Acknowledgement My commission expires // a r27 Cnrnnratinn IC. C Cr•-c 11on_11 an 11 STATE OF CALIFORNIA, - - Santa Clara as. County�n�5 S_a_n_-- ems— — On thisi '- ._day of__—.Y�� -.—in the year one thousand nine t ; 'i Laura S. Reierson ` .a .PD.,-:+..j. . hundred and.._...___ _..__.__before me,—_—_.------ -------'- tI]St' .lir tgio, nr1- a Notary Public, State of uly commissioned and sworn, personally appeared . ,',, , , , ' -, " " __ _ Patricia _GoldenCalifornia, ____ _ __ __ ,"",:,..11�>.T`�i0P I[I'AL G} known to me to be the_ Attorne -1 n- .a —__ f the corporation described"7 4-44 ` iASki179[1!>71SC! t a 4 in and that executed the within instrment,and also known to me to be the person who d illy yt,/ rM1' 'c ul ,,,,,' ' executed the within instrument on behalf of the corporation therein named,and acknowledged SRRA taltr' OL'NfL, I- to me that such corporation executed the same u jlCcCea+Mdoli D a .t 4It**War •sainEXt,a,{.ar JPS A _._...—..._...__.............._.._. .... r«. G - ,� IN WITNESS WHEREOF I have hereunto set my hand and affixed my official scat tt a , `a " ?n',' Santa Cl aro .the da ..tips , a n e-R,a. �,.. i; � ( ` year in this certificate first above tten. i ansa • "\vv}}} Nottttrypiblic,gate of California. My Commission Expires August Li , I y� t This document is only a general form.Hieb may be proper for use in simple transactions nd in noway trots,or is intended to Cowden a Form No. 27—(Acknowledgment Corporation). act,as a substitute for the advice of an attorney.The publisher does not make any warranty,either aaprm w implied n to ma lapel (C.C.Sea.1190-1190.1) validity of any provision or the suitability of these forms in any specific transaction. , Bond No. BD 391702 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, ANDERO CONCRETE, INC. as Principal and A1liad Mutual Lnsuranre Company as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of NINETEEN THOUSAND SIXTY-FIVE AND 00/100 Dollars ($ 19.065.00 ) 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 May 24, 1988 with the Obligee to do and perform the following work to-wit: HANDICAP RAMP INSTALLATION PROJECT 88-4002 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 24th day of May , 1988 (To be signed by Principal 2 - and Surety and acknowledgment.) Andero Concrete,, Inc. Inc. Principal Ludine Wood rd M, ".- f President 0oil „ �,oaa s Sag Allied Mu -1 Insurance Com' -o Surety ` t ° a �gJ -a..) `S.o off:. By: i a Attorney-in-Fact / The above bond is accepted and approved this day of , 19 Bond No. BD 391702 _ _ LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and ANDERO CONCRETE, 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 Allied Mutual 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 NINETEEN THOUSAND SIXTY-FIVE AND 00/100 DOLLARS ($ 19,065.00 ) . • THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to- such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall 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 2nd day of June in the year one COUNTY OF Santa el ara thousand nine hundred and 88 before me, Lenis L. Pato , a Notary Public, State of California, duly commissioned and sworn, personally appeared Ludine Woodford known to me to be the President of the corporation described in and that executed the within instrument, and also known to { • '• �..a.. OFFICIAL'SEALme to be the person who executed the within instrument on behalf x LENTS L PA corporationtherein named, andacknowledged to me that such NOTARY PUBLIC-CALIFORNIA of the corti � SANTA CLARA COLOtTY corporation executed the same instrument MY COi+�1. EXP. NOV. 24,)1989 . ..�ac 9 IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my offician seal in the Sity of San Jose County of Thisdocumenl is only a general form which may beproper for use Santa Clara the day and year in this certificate birst above written. in simple to,the transactions and inofa no way acts.ons intended to enact.as a ' /y� substitute for the advice of an allomey.Ttte publisher does not make a ny warranty. �/ �V) `nom' en nor express or implied.as to the legal validity 01 any provision or the swfabrlrly of C/r u' Notary Public, State of California Mese forms in any specific transaction Cowdery's Form No. 28—Acknowledgement My commission expires fA 074/—s9 Corporation (C. C. Secs. 1190-1190.1) STATE OF CALIFORNIA, Santa Clara _._ County= L r'c'} .Y,, r On this.. day of__—..!71_2. -__...+in the year one thousand nine .1e-4+r i ; . *S hundred and.._..—....��—.-__beforeme,_LdUrd S.. Reierson eh 16y ria � ��^ a Notary Public, State of California duly commissioned and sworn, personally appeared '• ;e art � uilk Patricia Golden __---- ---..--_ • i -,y —........ -Attorne - n_Fact known to me to be the.__.._....-_..._.. .............__—..of the corporation described t re '�' • U 'E cY sg Ill in and that executed the within instrument,and also known to me to be the person.—_...who f '1 C.,.. � $ executed the within instrument on behalf of the corporation therein named,and acknowledged a" t �"'. $y ITA ..1 xi to me that such corporation executed the same »u.h hetri7naix.c,rata)?CONSINItt .,,..4g." IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal "MAW y .xw* �k ' in the County of Santa Clara the day and VtV & i1 j -E la t year in this certificate first above w 'ten. LI Ir AU U t t ry)tl Lfi Ibli;$Lyyate of California. My Commission Expires 9 This document is only a general form which may be proper for use in simple transactions end in no way acts,or is intended to Cowderfe Form No. 27—(Acknowledgment Corporation). act,as a substitute for the advice of an attorney.The publisher does not make env warranty,either express or implied n to the legal (C.C.Sees.1190-1190.1) validity of any provision or the suitability of these forms in any specific transaction. s 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 24th day of May , 19 88 Andero Concrete, Inc. (To be signed by Principal Principal Ludine Wooesident and Surety. Notary acknowledgments required.) Allied Mutual Insurance Company Surety By: c`�tt`�j e f Attorney-in-Fact ' e C 45) Prif The above bond is accepted and approved this day of • , 19 -- 6/17/85 ALLIED Mutual Insurance Company • • • des Moines, Iowa 50304-0974 POWER OF ATTORNEY ALLIED Insurance KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa,with its principal office in the City of Des Moines, Iowa,hereinafter called 'Company', does hereby make, constitute and appoint PATRICIA GOLDEN RONALD C.SPENO FRANCIS E. COOK C.LAWTON CUPERTINO, CA each in his individual capacity,its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran- teeing the payment of principal and interest of notes,mortgage bonds and mortgages)in penalties not exceeding the sum of ( S 500,000.00 5 and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con- firmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX- EXECUTION OF CONTRACTS 'Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Attorney(s)-1n-Fact appointed by the President,or by a Vice President.' 'Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-In-Fact to act on behalf of the Corporation in the execution of bonds,undertakings,and other obligatory instruments of similar nature,other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru- ment. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President,or a Vice Pres- ident. This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX-EXECUTION OF CONTRACTS 'Section 4.The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be validly executed and binding on the Corporation;and to certify that any bond,undertaking,or obligatory instrument of similar nature,other than policies and endorsements,to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation,according to its terms,when executed by Attorney(s)-In-Fact appointed by the President or a Vice President.' 'Section 5. It shall not be necessary to the valid execution and binding effect of the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a Vice President, or Attorney(s)-In-Fact appointed by the President,or a Vice President, or any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-In-Fact to act for the Corporation,or of any certificate to be executed by the Secretary,or an Assistant Secretary, as hereinabove in Section 2,3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the person authorized to sign such instrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall be as effective and binding as the original seal.' 'Section 6. A facsimile signature of the President, or of a Vice President, affixed to any bond, undertaking,or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as herein in Sections 2 and 3 provided, or a facsimile signature of the Secretary,or of an Assistant Secretary to any certificate as herein in Section 4 provided,shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers.' 'Section 7. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any policy or endorsement, any bond or undertaking,any Power of Attorney or certificate, as herein in Section 1,2,3 and 4 provided." IN WITNESS \VIIEREOF, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 26 day of AUGUST 1986 s�'`ie ALLIED MUTUAL INSURANCE COMPANY STATE OF IOWA niSEALlE0 0 : a By: )C�() 1/IM ` 2, President COUNTY OF POLK ss �� k(I �a On this 26 day of AUGUST X86 ,before a personally came John E.Evans,to me known,who,being by me duly sworn, did depose and say that he is President of ALLIED Mutual Insurance Company,the corporation described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affixed to said instrument is such corporation seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he has signed his name thereto pursuant to like author- ity, and acknowledged the same to be the act and deed of said corporation. S. A. Denning �y S. A. DENNING Notary Public in nd r the State Iowa MY COMMISSION EXPIRES • 4-13-89 CERTIFICATE I,the undersigned,Secretary of ALLIED Mutual Insurance Company,a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Section 2, 3,4, 5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the company this42 /d day of /V/l7 , 1Tr' ao� g'r SEAL 4 eri\s- This Power of Attorney expires X4'•1:: a Secretary 06101 08/26/89 Ed 1 (04-86)00