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90-002 Golden Bay Constrution, Inc.; De Anza Sidewalk Installation; Project 89-108 • • PUBLIC WORKS ,OEC 2 1 1989 CONTRACT FOR PUBLIC WORKS CONTRACT made on / 99a by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and GOLDEN BAY CONSTRUCTION, INC. ,hereinafter called the CONTRACTOR. • IT IS HEREBY AGREED by the parties as follows : 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents : A. Plans and Specifications for DEANZA SIDEWALK INSTALLATION • PROJECT 89-108 B. Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate C. This Contract D. Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. All of the above documents are intended to cooperate so that any work 'called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the • one hand, and this Contract on the , other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation, and' material necessary to perform and complete in a good and workmanlike manner, the work of DeAnza Sidewalk Installation Project 89-108 as called for, and in the manner designated in , and in strict conformity with, the Plans and Specifications prepared by: Mr. Bert J. Viskovich, Director of Public Works and adopted by the City, which Plans and • Specifications are entitled, respectively, DeAnza Sidewalk Installation Project 89-108 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: FIFTY EIGHT THOUSAND FIVE HUNDRED NINETY THREE AND 50/100 DOLLARS ($58,593.50) • subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. • 6 . INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to ' be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, • • Page 2 • • deviations, additions or omissions from the Specification or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required • by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. S . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the - right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has - been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance . with the rules of the American Arbitration Association if the parties are unable to agree. 9 . TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, . amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or •in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: 15 WORKING DAYS If the Contractor shall be delayed in the work by the acts or- . neglect of the City, or its employees, or those under it by contract or- otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 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 property belonging to the Contractor as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final . completion and acceptance of all• work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination ofthe claim or claims. With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to substitute securities 'as provided in Section 4590 of the California Government Code as more fully described in the City's Notice to Contractors. Pace 4 • 14 . NOTICE AND SERVICE THEREOF. Any notice • m one party to the other under this Contract shall be in writs Ind shall be dated and signed either by the party giving s:. .otice, or by a duly authorized representative of such party. ,..:y such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: 1200 INDUSTRIAL ROAD SUITE 1 SAN CARLOS, CA 94070 postage prepaid and certified/ and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS . Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless tie City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Contract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (1001) of the• contract price • as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond. Page 5 18 . INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance requiredby the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract, until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this Contract shall also contain an endorsement providing that thirty (30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take ut and maintain during the life of this Contract Worker's Compensation Insurance and Employer' s Liability Insurance for all of his employees employed at the site of the project and,in case any work i3 sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Coder "I am aware of the provisions of Section 3700 of the Labor Code ' which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract."' (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall • protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do ' with blasting, collapse, and underground property damage) , which may arise -from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: • Bodily Injury Liability Insurance in an amount not less than $500,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of one accident, and • Page 6 • • . ♦ Y Property Damage Liability Insurance in an amount not less than $ 250,000.00 The City and its officers and employees, shall be named as additional insureds on any such which shall also contain a provision that ti heinsurance nafforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 19 . HOLD HARMLESS. The Contractor will save, keep, and hold harmless the City and all officers, employees, and •agents thereof from all damages, costs, or expenses, in law or in equity, that may at any .time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in, on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20 . HOURS OF WORE. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it Ls expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be- required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, 'work performed by employees of contractors in excess of eight hours per day and forty hours during any one week • • shall be permitted upon public work upon compensation for all hours one-half worked in excess of eight hours per day at not less than one and stipulated timethatthe forbasic each andeeverof yaviolation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor C$25 .0000) for. each laborer, worker, or mechanic emploedin Contrasforfeittwenty-five the execution of this Contract by Contractor, or byan subcontractor under this Contract, for each calendar day uring which said laborer, worker, or mechanic is required or permitted to work in more weekht s inn violation ofalthanone earaand provisionsorof hours said Sections of the Labor Code. Page 7 • The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar :lay and each calendar week by all laborers, workmen, and mechanics dmployed by him in connection with the work contemplated by this Contract, which record . shall be open at all reasonable hours to the inspection of the City of its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. 1776. (a) Each Contractor and subcontractor shall keep an. accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis : (1) , A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in • subdivision (a) shall be made available for inspection or • furnished upon .request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through eitherthe body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. Contractor shall certified records enumerated insubdivision (a) with the entity that . requested such records within ten (10 ) days after receipt of a written request. (d) Any copy of records. made available for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall, within five working days, provide a notice of a change of location and address•. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10 ) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such ten (10 ) day period, the Contractor shall, • as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit twenty—five dollars ($25.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. !h ) The director shall adopt rules consistent with the California Public Records Act, (Ch: 3 .5 (commencing with Section 6250) of Div. 7; Title 1. Gov. Ch. ) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. . Every such apprentice shall •be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. • • • Page 9 • • • Only apprentices, as defined in Section 3077, w. •under apprenticeship standards and written a in areemenns pFe under Chapter 4 (commencing with Section 3070) , Dsvision3, of the Labor Code, are 'eligible to be employed on public works. The employment and training. of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any. apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint con apprenticeship the subct or tractororsubcontractor,Qesshall searrange o forrotheg dispatchjeof apprentices to the Contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated ' in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen: stipulated in the apprenticeship standards. Upon proper showing by . the Contractor that he employs apprentices in such craft, or trade in the state on all of this contract on an annual average of not less than . one apprentice to each five' journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor for the l-to-5 ratio as set forth in this section. This section Shall not apply to contracts of general contractors involving less than thirty thousand ($30,000.00 ) or twenty ( 20) working days or to contracts of specialty contractors not bidding : ' for work through a general or prime contractor, involving less than two thousand dollars ($2,000 .00) or fewer than five ( 5) working days. • Pace 10 • meanpacraft or rentjceable craftde or traded e, "s aasa used in this section, shall accordance with rules and regulationsprescribed occupation thee Apprenticeship Council. The joint apprenticeship by have the discretion 'togrant a certificate,ctwhichp committeesubject shall to the approvaltor of which shall bem pn contractor the t1-to-5lratio eset forth ppinntthishsection when it finds that any one of the following conditions are metPl exempting a (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b ' area )exceeds ha ratio ofthe 1-to-i,,, or apprentices in training in such - (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis . (d) If assignment of an apprentice to any work public works . contract would create a conditionerfo hichunwoulda . jeopardize his life or the life, safety, or property of fellow apprenticed! the public at large if the specific task to which the • • When such exemptions are granted to an organization which' • represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. K contractor to whom the contract is • subcontractor under him, who, in performing any ofwthe ework,orundan erthe •contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any. such craft or trade in the area of the, site of the work, to which fund or funds other contractors in the area of the Site of the public fund orfundspinleachwcraftarore ctradebinlwhichhhelemploysbjou to the or apprentices on the public work in the same amount oruponsame basis and in the same manner as the other contractors do, but where the trust ' fund administrators • are .unable to accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The • contractoror subcontractor may add the amount of such contributions in computing' his bid for the contract. The Division of Labot Standards Enforcement is authorized to enforce the payment of.. sucfFaontributione to the fund or funds as set forth in Section 227. Page 11 r s Y The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such section tionforhallallfix the apprenticeablelitof occupationwiththe compliance with prime contractor. All decisions of . the joint apprenticeship committee under this section are subject to the provisions of Section 3081 . (Amended by Stats. 1976, Ch. 1179) 1777.6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as registered areligiousecreed, color, naationalworks, origin, ancestry,round of the sex, or agerace, except as provided in Section 3077, of such employee. (Amended by Stat. 1976, Ch. 1179) 1777.7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777.5, such contractor shall, (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship) and (2) Forfeit al a civil penalty in the sum of fifty dollars ($50 .00 ) for each calendar day of noncompliance. Notheithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract progress payments then due or to become due such sum. (b) Any ' such determination shall be issued after a full thereof investigation, accordance and with e th artLeasonablerulesand hearing, reasonable procedures prescribed by the California Apprenticeship Council. _ (c) Any funds withheld by the awarding body pursuant to this Rection 'Shall be deposited in the general fund if the awarding body is a state entity, or in the equivalent fund of An awarding body if such awarding body is an entity other than the state. The interpretation and enforcement of Sections 1777.5 and 1777 .7 shall be ' in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by State , 1978, Ch . 1249) • It shall be mandatory upon the Contractor, and upon any subcontractor under him, to pay not less than the said specified rates to all loed in the execution ofthe laContract1,oriteis further n, and cexpresslhanics ymstipulated that the Contractor shall, as a penalty to the city, forfeit twenty-five dollar(' ($25.00) for each calendar day, or portion thereof, for %. each leborer, workman, or mechanic paid less than the stipulated ;ptSJlliling rates for any work done under this contract by him or by ; t Any 'aubcontractor Under work done under this contract by him or by °; dhy Subcontractor under him; and Contractor agrees to comply with • all provisions of Section 1775 of the Labor Code. Page 12 • In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or , occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum • wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. • 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guardedor eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23 . PAYMENT. Payment will be made in accordance with the attached payment schedule. The City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project, during the preceding calendar month, by the Contractor, but the City will retain ten percent (10%) of the amount of each of said estimates until the expiration of thirty-five (35) days from the date of recording by the City of notice of acceptance of completion of all work covered by this Contract, if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body ; or, if such notice be not so recorded within ten days, until the expiration of ninety-five ( 95) days after the acceptance of completion of such work of improvement as evidenced by resolution of its governing body, at which time and not before, the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City' s representative shall, before the last Tuesday of each . month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to . entitle the Contractor to the certificate of completion. - In event of the failure of the City's representative to furnish and deliver said certificates or any of them or in lieu • • Page 13 • • thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City' s representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. 24 . PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plana and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, ' obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effecter earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, ' or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, , in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, • 5T abed • • auoN 'SNOISIAOU4 'IKNOIZIQQY • •9Z_ ssaoxa .Sue d;T3 ay; 0; eTgvTT eq TTeys Ia esns s ' 'aidwoo F3 T4 Pup uoT;aTdwoO ;o awT; ay; ;a ssossaoons pug subTsse opt so 'iapunazay so;av1;uo3 844;unp shay; mos; d;Ta 843 Aq pa;anpap aq dem sabemvp pa;vpTnbTT Jo y; pup labewep Ten;ae ay; KT; 0; 3TnaT;;TP LTawaz;xa 20 aTquoT;ovsdwT aq Know IT aouTS d;TO a4; Aq pauTv;sns Agesa4; abwwwp ;unowe ay; aq o; pawnsasd aq TTeys wns 40T4n ';oasay; uoT 3 Tn3MPTun 20 uoT;aTdwoa so; awT; gone puodaq pa;aTdwooun uTpwas "(flys 'sox pTes tinny^ buTsnp dep buT'sow Ana puw yoga so; 'AVG aaun IVO HOVH HO3 (00'05T$) 00T/ON (INV SHVTIOQ AZdId 03HQNNH 3NO 3o mns ay; uT sabvwep pa;pppn6TT so; LITO 84; 0; 8T4eTT awooa T• upgs 84 'pamso;sad pue auop aq a; pa;ops;uoo Agaaay pug pagTsosap ppauoT;uaw aso;aquTasay 'son ay; 'uoT;aTdmoo tions so; paxT; owl; 841 UT43T'+ a;aTdwoo o3 sTTP; so;ops;uo3 a4; ;i ';ops;uo3 CT4I 3o aouaesa ay; ;o aq TTeys awls 'S3DVWVQ 03SVQIACI7 'LZ 'd;T3 a4; 0; ;goo ;4o4n�q s;oe;ep;owfluo'ons Apawas y3Tn4;2o; TTT'+ .10;o22;uo3 ay; 1A;TD F43 ;o uo11a'dwo0 ;o aoup;dame Jo a;ep. ay; ;o seal (I) auo uTy;Tn d;TO 041 0; paTlaeas ';ua;pd 20 ;ue;IT say;ayw ';uawdTnbe 20 sn;eseddg 'sTvTsa;ew ''son uT ;oa;ap Aug 3o asps vI •wos;asay; IUOT;PTeap pazTsoy;ne ua;;Tam Auw 20 BOOT;gaT3Taad9 pug Ingrid a4; 43T++ wso;uoo TTTn so;aes;uoo at;; Aq pawso;sad se 'sow a4; ;vq; pug IA;TTvnb nasal' yang saa;uuspnb LTpaT;TTvnbun so;ops;uoo a 4 Ton u suo Td a4; uT pazTsoy;np ATeeasdxawsT d;TTenbT CassaTg,p3TssaTunua;oes;uo3 sTy; 30 4aafgnss a4; sT 40T4w ;oacosd ay; uT CaTTddns ;o so;ops;uoogns Aue Aq T4 Aq PaTTeleeT so pasn ;uamdTnba pup 'sn;nnsdde 'srvTla;vw TTe ;o pus dTusuvwxson TTe ;o LITTenb aevT3_;sIT; at;; saa;uesvnb ATPaT;TTenbu- ;oes;uoo ayy '33SNVWAo S,NOSJVN&NOO '9Z •a3ue;daaag aso;aq pu. 'i ;nem uoT;sns;suoa s;T SuTsnp awes a4; ;noso 'uo 1990 CAPITAL IMPROVEMENT PAYMENT SCHEDULE QUANTITIES CUT OFF DATE CHECK RELEASE DATE FRIDAY 5: 00 PM FRIDAY JANUARY 12 JANUARY 26 FEBRUARY 9 FEBRUARY 23 MARCH 9 MARCH 23 APRIL 6 APRIL 20 MAY 4 MAY 18 JUNE 1 JUNE 15 JUNE 29 JULY 13 JULY 27 AUGUST 10 AUGUST 24 SEPTEMBER 7 SEPTEMBER 21 OCTOBER 5 OCTOBER 19 NOVEMBER 2 NOVEMBER 16 NOVEMBER 30 DECEMBER 14 DECEMBER 28 _ —_ ___ 1 STATE OF CALIFORNIA On this 20th day of...December ,in the year COUNTY OF San Mateo ss. Nancy19Cecil ,before me, a Notary Public,State of California, duly licensed and sworn,personally appeared • • Cdrl 'SQiandri ******;;*�c**k*****i:******* personally known to me(or proved to me on the basis of satisfactory evidence) OFFICIAL SEAL ,*h to be the person who executed the within instrument as.11.1C2.P.s}dent.. * C NANCY CECIL t or on behalf of the corporation therein named and acknowledged to me that * * such corporation executed the within instrument pursuant to its by-laws or a y` 410TirRY PUOLIC CALIFORNIA y SAN MATEO COUNTY resolution of its board of directors. MY COMMISSION EXPIRES JULY 20,1990 * IN WITNESS WHEREOF I have hereunto set my hand and :1Fixed ****************'ti********yr my official seal in the..State..of. A Count of...S..U.,M• E'.Q a Ms document ca oaya amoral lam weal may be proper lot ote Cl ample on the ddyy(('te sett ar a 1 is c, ificate. transactions and iny.wry am.or a mended a act as a slesene lot the /_ rj1 I^,{`(.I�1 / a0nw a an aonmy.Tla errata M1gsna mato any wNaM'saner°Won a Maes as to IN ! 11` AI ANN /t legal ralaly or any er>.wm a no eeaanay a nese lams In any spade transaam Notary Public, State of California Cowdery's Form No.28—Acknowledgement to Notary Public— July 20, 1990 Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires Y • • . Y • • • P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. • CITY OF CUPERTINO Approved as to form / - Mayor: /0,9, I G / City Attorney. City Clerk: Date/City Clerks /- 5'-7D CONTRACTOR: Golden Bay Construction, Inc. By: gatide,entno„4. ' Notary acknowledgment required. If a corporation, corporate seal and corporate notary acknowledgment required. Project. Name and Numbers. DEANZA SIDEWALK INSTALLATION. PROJECT 89-108 Contractors Names GOLDEN BAY CONSTRUCTION, INC. 120.0 INDUSTRIAL RD. SUITE #1, SAN CARLOS, CA 94070 Contract Amounts FIFTY EIGHT THOUSAND FIVE HUNDRED NINETY THREE DOLLARS AND 50 /100 ($58,593.50) COatrart.. Account Number:• 440-01oo-953 Page 16 • = F • EXHIBIT A HID PROPOSAL DE ANZA COTTmnm SI S RTIC INSTALLATION PROJECT 89-108 TO 'WE DTRECIOR OF PUBLIC UMS, CITY OF CUPERTINO, STATE OF CALIFORNIA Dear Sir: In compliance with the Plans and Specifications for the work of the De Anza College Sidewalk Installation,ation, Improvement District No. 66-1 in the City of Cupertino, Project 89-109. I, the Undersigned, hereby propose to do all work required to complete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for carparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right toincrease of decrease the amount of any class or portion of the work or to omit items or portions of the work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the DeAnza College sidewalk Installation Project 89-108 as described in the Special Provisions. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. A bid bard in the amount of ten percent (10%) of the base bid is required. • PROPOSAL PAGE 1 OF 7 C b • V . (71 A N N r N z N N N O 111 -1 N O O a a N is HHH r r S r N ti r r ig hi h! hi :1 Ki hi . r U) 0 g P i O W M a . vd �7 d m cao go h'i ' ,§ ft o N A Fn W r1 p 1 r r _ 5 [ : 61 : 4 . r g P4 PAfn 4 N {A N <A C) 0 C) N i/) P Nr �rG a a • I the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the tanner and time specified. I, the undersigned declare that this bid is Made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or bid bond in the amount of $ Bidder's Bond , as required by law and the (10% of Bid Amount) Notice to Bidders. • PROPOSAL PAGE 3 OF 7 A. BID DOCUMENTS, Continued BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and accurancy of the informa— tion is hereby guaranteed. (1) How many years has your organization been in business under its present name? 5 yrs. (2) How many years experience in work comparable with that required under the proposed contract has your organization had by this or any other name? 5 yrs. (3) Contractor's License No. 451401 , State of California, Classification A (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has completed within the past 3 years. Year Class, Location of Work and for Whom Performed Contract Amount 1986 Downtown Martinez City of Martina? $740 , 000 .00 1987 Bayshore Heights Park Parking Lot-City of Daly City 120, 000 . 00 1987 Sidewalk Repair & Tree Program- City of Redwood City 450, 000 . 00 1987 Downtown Walnut Creek-City of Walnut Creek 115, 011. 00 198.8 So. B. St. Sidewalk & Landscaping- City of San Mateo_1, 469 . 082. 21 1988 Reconstruction curbs, sidewalks-City of Cupertino 150 , 000 . 00 1989 East Santa Clara St.-City of San Jose 405 , 547 . 00 PROPOSAL PAGE 4 OF 7 A. BID DOCUMENTS, Continued Name of Proposed Sub-contractors, if any (Section 4104, Government Code) 1. rionet 2. • 3. 4. 5. • 6. Address if Shop or Office of Sub-contractors (Section 4104, Government Code) 1. ne-ne 2. 3. 4. 5. 6. Work to be Performed by Sub-contractors (Section 4104, Government Code) 1. ncule. 2. 3. 4. 5. 6. PROPOSAL PAGE 5 OF 7 • A.._ BID DOCUMENTS, Continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A COPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual: Co-Partnership Corporation Golden Bay Construction, Inc. Joint Venture Other (Describe) Name and Signature of Bidder: L ' oi Zane e. Presiden (Priv / (Signature) Address (Both mailing and location addresses) : 1200 Industrial Road Suite 1 San Carlos . CA 94070 Telephone Number: ( 415 ).593-0310 Date: November 28, 1989 Luigi Zanette, President • Carl Sciandri, Vice President Addendas Received: Fred Raffin, Secretary 1 2 3 4 5 PROPOSAL PAGE 6 OF 7 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of San Mateo r duly Luigi Zanette , beeie first dulls sworn, deposes and says that he or she is President of y Line party making the foregoing bid that the bid is not made in the Interest of, or .on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly Induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or Indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name and Signature of Bidder: r nt) , 44 Wgnature) Date: November 28 , 1989 • • • PROPOSAL PMT 7 OP 7 ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA s, County or-Ssa.R Mateo,._.. _____.1 On this__14th day of___December in the year __..1.989 before me,a Notary Public in and for said San Mateo _County,S!ate of California.residing therein,duly commissioned and sworn,personally appeared_ Spman;,Toor :.` '-r tF personally known to me,0 proved to me on the basis of satisfactory evidence to be the person whose name is subsc 'bed to this instrument as the attorney in fact of_Transamerica Insurance Company and acknowledged to me that 0 he she subscribed the name of Tr an_$ameriCa Insurance Company —____thereto as surety. and 0 hisher own name as attorney in fact. IN WITNESS WH REOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. pOperac�lvaQ6sneevseewetemetatmse C Public --- A , � ° pq� DIAPIE CORDOBA y 5 /99� �x' NOTARY PUBLICLALIFORNIA My commission expires)C1r 'v <x.! r PRINCIPAL OFFICE IN kMf1eMPM-R^Py ComPPmIiNMEAxpTiEreD5CSeOpU5T.Y1 99[f2301100.111-1-113 PUBLIC WORKS DEC 21 1989 FAITHFUL PERFORMANCE BOND Bond No. 5262-25-95 Premium: $967 . 00 KNOW ALL MEN BY THESE PRESENTS: THAT WE, Golden Bay Construction, Inc. as Principal and Transamerica Insurance Company as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Fifty Eight Thousand Five Hundred Ninety Three and 50/100 Dollars ($ 58,593.50 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated with the Obligee to do and perform the following work to-wit: DeAnza Sidewalk Installation Project 89-108 yy gj BEL" -151990 • GOLDEN BAY CO accEiv NST NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 14th day of December , 19 89 . (To be signed by Principal Golden Bay Construction, Inc. and Surety and acknowledgment.) • By: Principal Transamerica Insurance Company Surety By: Attorney-in-Fact Suman Toor The above bond is accepted and approved this day of , 19 LABOR AND MATERIAL BOND Bond No. 5262-25-95 KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and Golden Bay Construction, Inc. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein "by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and Transamerica Insurance Company as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, , in the just, and_full, •gum of Fifty Eight Thousand Five Hundred Ninety,Three and 50/100 ($ 58,593.50 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184. 1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. ATTORNEY IN FACT ACKNOWLEDGMENT 0 STATE OF CALIFORNIA Fs. of Ban Ma te.Q...._._... On this 1 4th _._day of___.De.Cezztbez. .__,in the year 1989 .before before me,a Notary Public in and for said _ Ran Mat..ea.—._.__._.________...._.__._._Countytate of California.residing therein,duly commissioned and sworn,personally appeared______ SUIRa In_TOOx;__,__2_.___:!,____.__________ personally known to me,0 proved to me on the basks of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact ofTranSamerlCa Insurance Company and acknowledged to me that 0 hes she subscribed the name of TraIlsamerlCa Insurance Company `thereto as surety, and 0 hisher own name as attorney in fact. IN WITNESS WH REOF. I have hereunto set my hand and affixed my official seal, the day and ear stated in this certificate above. 0neewaeetraanaeamuneEunu sssasaeemtssnsztata k � ! 1 ; 1r11.4°` DIANE CORDOVA N ary Public a' i ,. NOTARY PUBLIC-CALIFORNIA �J /J 1 K-�i v' PRINCIPAL OFFICE IN /[ 7 J, My commission expires Q� — I ,...71t.:,' SAN MATEO COUNTY Wilda—1.03 rl my Commission Expires Sept 5. 1992 • • Labor and Material Bond Page 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 14th day of December , 19 89 Golden Ba onstruc,;on, Inc. By. ' (To be signed by Principal Prin ipal and Surety. Notary acknowledgments required.) Transamerica Insurance Company Surety I By: %Y L(�ii LQ/7'v 1)-67-1 Attorney-in-Fact Suman Toor The above bond is accepted and approved this day of , 19 L. • 6/17/85 Transamerica Transamerica Insurance Company �I(. A Stock Company/Home Office:Los Angeles.California ' - P Insurance Services • Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California,does hereby make,consti- tute and appoint RAYMOND K. ROBERTS, SUMAN TOOR its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf on the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof,as follows: ANy AND AT,T, BONDS AND UNDERTAKINGS, UNLIMI'nr u IN AMOUNT, IN ANY SINCIF INSTANCE, FOR OR ON BEHALF OF THIS COMPANY, IN ITS BUSINESS AND IN ACCORDANCE WITH ITS CHAR7R, and to bind TRANSAMERICA INSURANCE COMPANY thereby,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This appointment is made under and by authority of the fallowing by-laws of the Company which by-laws are now in full force and effect. ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surety and co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President,any Vice President or by any other officer,employee,agent or Attorney-in-Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) and Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President.A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed by a facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execu- tion of any bond undertaking, recognizance or other written obligation in the nature thereof;such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused theseresents to be signed by its proper officer and its corporate seal to hereunto affixed this 14TH day of AUGUST ,19 89 ,©- By • ...^° .H.Tanner,Vice President State of California County of SAN FRANCISCf ss On this 14TH day of AUNT , 19 89 , before me Doris D. Motherspaw, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared J.H.Tanner personally known to me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COM- PANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to-me that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. n n OFFICIAL SEAL. a DOflta D. MOTHERSPAW. • 4��9 Notary Public-CaIlftlmW `WT9 ' 'LOS ANGELES COUNTY My comm.Exp. May 7.1990 Doris D. Motherspaw, Notary Public 1719E (Continued) in and far the County of Los Angeles, California ,mme I,W.G. Freeman,Assistant Vice President of Transamerica Insurance Company,do hereby certify that the Power of Attorney herein before set forth is a true and exact copy and is still in force,and further certify that Section 30 of Article VII of the By-Laws of the Company and the Resolution of the Board of Directors,set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this / 91--k_ day of 3ecerng1s S9. but / d —' ,....,a. \ ! W.G. Freeman,Assistant Vice President • J .. • / , PUBLIC WORKS &Y '� �C�+ a �+ '�Y ; 'Mt C s �" 'g '� ISSUE DATE MM/DDIV e• AtcIbitll €ERTU I€AT•E 9F I9 a7�,' NCE , : ° ile `Z ri98q.£ -' 12/ 15/89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, AN DREINI & COMPANY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 220 W. TWENTIETH AVENUE SAN MATEO , CA 94403 COMPANIES AFFORDING COVERAGE ( 415 ) 573- 1111 LETTERNV A SUPERIOR NATIONAL INSURANCE CO . CODE SUB-CODE COMPANY B INSURED LETTER GOLDEN BAY CONSTRUCTION CO . COMPALETTER a-.C 1200 INDUSTRIAL ROAD, STE. 1 SAN CARLOS , CA 94070 ETTERNvD COMPANY E LETTER 60VERAGES, " p' a1-4/4-:: � '24 R: +,:+`TOgi..z.,.a s`<z -V .. aw�„r,n.'+.,rt, '" _.,., -ral <.. ,V, -e, -".4,. '.' -;: ... ..,w{,UR .8,< ,SIINSURED 3z. . is mss THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INUNAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO N TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONSALL LIMITS IN THOUSANDS LTR DATE(MM/DDNY) DATE(MM/DDNY) GENERAL LIABILITY GENERAL AGGREGATE $ 2 ,J1OI A _x COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ . 1 „alio ,, CLAIMS MAD41 OCCUR. CSP 10127- 1 5/26/89 5/26/90 PERSONAL&ADVERTISING INJURY $ L,nn n, iX OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1 , 000, FIRE DAMAGE(Any one fire) $ 5.0 5- MEDICAL EXPENSE(Any one person) $ 5 , AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO _ LIMIT - ALL OWNED AUTOS Y_ ) BODILY INJURY $ SCHEDULED AUTOS M HL i 6 199 J BO jp person) -J HIRED AUTOS NON-OWNED AUTOS INJURY $ — GO_DEN BAY CON St Per accident GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE — OCCURRENCE , $ $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY AND WCP 11473-C 5/26/89 5/26/90 $ 1 ,..10.0_, (EACH ACCIDENT) EMPLOYERS'LIABILITY $ 1 , 000 , (DISEASE-POLICY LIMIT) $ 1 000 (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS LIMITS OF LIABILITY AT INCEPTION *EXCEPT WITH RESPECT TO NON-PAYMENT OF PREMIUM, WHICH SHALL BE 10 DAYS NOTICE . AS RESPECTS: PROJECT - DEANZA SIDEWALK 89- 108 FILE#92-007 1 'CERTIFICATE HOLDER ' "i ` `; fT la.:474!CANCELL`ATION ,rn~!`-rA,an 1 W" '', '`''kk;T r t <.fz;�' 1 ,I , „:ref z a, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF CUPERTINO k EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 10300 TORRE AVENUE „ MAIL*30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CUPERTINO , CA 95014 ."; LEFT; BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN : LAVEN IA MILLAR ' LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �`� �NDREINI & CQNIAN GClir�a�Gr� .C�i�7 *ACORDi25 S,(3IBB Rata.* "` , .tt!*",14 �,.6 r + ._``,w ":x .T,.« . . .J. itl. _..<.,a.. ,:;' ©ACORR TIONL1988l l7 nI 1' on POLICY NUMBER: CBP 10127- 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF CUPERTINO ITS OFFICERS AND EMPLOYEES (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. • PUBLIC WORKS INSURED: GOLDEN BAY CONSTRUCTION JAN 5 1990 • CG 20 26 11 85 Copyright, Insurance Services Office. Inc.. 1984