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80-016 Raish Construction Company, Monta Vista Asphalt Concrete Overlay, Project No. 80-45" f! " t; . . , " l 10300 TOlTe Avenue '; Cupertino, California 95q14 . Telephone (408) 252-4505 March 27, 1980 ! C"", of Cupert'J1" Raisch Construction Company P. O. Box 129 Mountain View, CA 94042 CONTRACT FOR PUBLIC WORK We are forwarding to you for your files a fully executed copy of the Contract between the City of Cupertino and Raisch Construction Company, Monta Vista Asphalt Concrete Overlay, Project 80-45. . .... P2j a...e: ... DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO so encl. • CONTRACT FOR Pt:ELIC 1:1~R;: " CONTRACT !:.~ce C~ ~ March 27. 1980 (lIlY OF CUPERTINO PUBUC WOR1IS MAR 211980 RECEIVE>. b:r th'il en! Oli ctJPEET!!iO, a rl'ItLt."'!ic:tpal corpoi:'ation of the State of C~liforn1a, hersir.after called the City. and RAISCH CONSTRUCTION co. he~e1narter called the Contractor. , !T IS rrc:p'l.';>,y· AGREED by the pa:ties as f'ollo'tls: 1. The Co~tract Dc~ume~ts. ~ne complete Contract con- si~t:s ot"' tb·~ 'fol.lolvL"lg contrac;;; documents: ' 1. The Plans and Specifications entitled "Manta Vista Asphalt Concrete Overlay. Proj ect 80-45" . 2. Various bond and insurance requirements 3. Bid proposal attacbed hereto as "Exliibit. A" JI. ...... :r a.nd ali. obligations of t.he City and t;.he Contractor are !'1.uly s:; t f'or·th and des cribed the:-eill. All of the above docl.l'GlSnts are . intended to cooperate ~'., that a.."lY ,~ork called fer in one aile not t:4snt1oned. in the other J or vice versa. is to b~ executed the sa.'lle as if mentioned in all . of said doc:ul!I::lI"!te. Tte docrur.ents ccmprl.sing tt.e complete CO!'l-. tract are sometimes hereinat:'ter referrt:ld to as the Contrl'!.ct Docn- ~nts. In ca.'S': I)f confli::t i...",t;~leen the Pla;,:s and Speciric ... ;:;~.on:i on the one balld, a,i:il this Contrr:.ct on the oi::her. the Plar,£ a.'1.G. Specifica.-:ton:: ~hp.ll pr'lye.il. 2. The I·Io~·~:. T'r.e Contractor agl'ees to ftl::':'lish all of t.\le tools, equipcent, ap;:>arat.us, i'acili ties. labor, t:-"'!'1.sp':n'ta- tion, Ol.."l.d mater:: ... l necessa:r:r to perfo.L"m and co:r:.plete in a seod and wor;C~nli:,:e menneI'. the work of' Monta Vista Asphalt Concrete Overlay, Project 80-45. ' -, .... I as called. for, and in the manner desi~nated in. and in strict conforr..ity '.'lith, the Plans and Specifications prepared by the Tollowing na~~d person: . Bert J. Viskovich, Director of Public Works and adopted by the City. ~rhich Plans and Specifications are en- titled. respectively, Manta Vista Asphalt Concrete Overla~, Project 80-45. and ~1hich Plans and Specifications are identified by the signa- tures of t~e 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 and control of the Contractor, but subject to the inspection ~~d approval of the City. or i.ts representative. The City hereby deSignates as its representati ve for the purpose of this Contract the rollo,·ring named person: 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 Twenty-six thousand nine hundred sixty-fixe dollars ($26,965.00). . -- subject to additions and deductions as provided in the Contract Documents. 4. Disputes Perta!.nin2; to Payment for 1'I'ork. Should any dispute arise respecting the true value OI~ any work done, of any 110rk omitted. or of a:t'.y extra ~"ork. 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. ",i th the agreement of the parties, or in accordance I'lith the rules of the American Arbitration Association if the parties are unable to agree. 5. Permits i Compliance ~'lith La'1. The Contractor shall, at his expense> obtain all necessary permits and licenses, ease- ments, etc., for the construction of the project, give all neces- sary notices, pay all fees required by laN, and comply Idth all la~ls. ordir.ances, rules and regulations relating to the i'fork and to the preservation ot the public health and safety. 6. Inspection bv 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 \·/ork. and to the shops -2- ~~herein the ':fork is in oreoarati'On. Where the Soecificati'Ons require ~ ... 'Ork t'O be spec1ali;f. t~sted ,or approved,." it shall not be tested or covered up ~Ii::hout timely notice to the City· o£ its readine"!s for inspection and vrithout the approval thereof or consent thereto by thi'! latter. ~ Should any such \>Iork b-= covered up \-[ithout such notice. approval, or cansent, it must. if required by the City, be uncovered far examination at the Cantractor's expense. 7. Extra 'Or Addi ti anal \'[ark and Chan>!:es. Shauld the City at a..'1.y time durilfS the progress of the I'lork require any alteratians, deviatians, additions 'Or o~~ssians fram the Speci- ficatians or Pla.'1.s or other Contract Doc~~nts, it shall have the right to da so, and the same shall in no way affect or make void the cantract, but the cast or value thereaf will be added to, or deducted from, the a~ount ortne contract price, as the case may, be, by a fair and reasanable valuatibn, which valuatian shall be determined either by reference t'O the unit price's, if' applicable, or in accordance with the agreement 'Of the parties, or in acca~dance with the rules of the American Arbitration Assocation i1' the parties are unable to agree. Na extra I'i'ori~ shall beper1'ormed or cha.~ge bema~e except by a written or~e~ from the City, duly authorized by ~solution of its governing body, and by all agencies ... lhose approval is required by la;·[. stating that the extra work or ch~nge is authorized, ~~d no claim. for an addition ta the contract s~~ shall be vali~ unless ::'0 orderl:!d. ' ' 8. Changes to Meet Envir'Onmental Reauire~~nts. Tt.e City shall have the right ta ma!{e chan-ges in this Con'Cract during the course of construction to 'bring the completed im- provements into complia~ce with enviro~mental requirements 'Or standards established by state and federal statutes and regula- tions after the Contract has been aI-larded or entered into. T::'e C'Ontractor shall be paid for by such changes either by reference to the ,unit prices, if applicable, or in accordance ~rith 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. ~~is Contract may be terminated, amended or mOdified, \'lith the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modif~cations. shall be deter- mined either by reference to the unit price, if applicable. or in accord~'1.ce with the agreement of the parties, or in accordance with the rules of the American Arbitratian Assac~ation if the parties are unable to agree. 10. Time for Camoletion. All I'lork under this Contract shall be completed before the ·expiration of (20) twenty working days from the [ approval of the contract. -3- , If the Contractor shall be delayed in the l'iork by the acts or neslect of tho (;ity, or its employees. or those Under it by contract or othe~"ise, or by ehan,?;es ordered in the I'/ork, " , or by strikes, loclcouts by others, fire, unusual c!elay in trans- portation, unavoidable casualties or ~~y causes ,beyond the Con- tractorts control. or by delay authorized by the City, or by any cause which the City shall determine just1fles the delay, then the time o£ completion shall be extended accordingly. This paragraph does not exclude the recovery 01' dal'lI-, ages for delay, by either party u.~der other provisions in the Coptract Documents. 11. Ir:.spection ~.nd Testin~ of: !1aterials. The Con- tractor shall notify the City a suff1cient time in advance of the manufacture or product10:1 of materials to be supplied by him under this Contract. in orcer ti'lat th~ City may arrange for mill' or factol'Y inspection and testing o£ the same, if the City requests such notice from the Contractor. 12. Ter:nination tor Breach! 'etc. If the Contractor should be adJ ud,ged a banicrupt, or if he should ma!-::e a general assignment for the bene!~it of' his c:r::editors,or if a receiver should be appointed,on accou.~t of his i~solvency, or if he or any of his subcontractors should violate any o~ the provisions of' the' .contract, the City may ser'le I~ri tten notice upon him and his surety of' its intentj,on to terminate thl'l Contract, such notice to contain the reasons for such intention to terminate the Contract, and, u .. ,less within te!l days after serving' of' Sltch notice, such .~olation shall cease and satisfactory arrangements for correction thereof be made, the Contract shall, upon the expiration Of said ten days, cease and terminate. In the event 0'£ any such termination, the City shall inunediately serve \-Tri tten notice thereof upon the surety and the Contractor, and the surety shall have the right to tal{e over and perform the Contract; pro- vided, hOI-rever.; that, if the surety \'l1 thin fifteen days after the serving u!'on it of notice o£ termination does not give the City ,,,ritten not1ce of its intention to take over and peri'orm the Contract> or does not commence perfori:l~~ce thereof ~[ithin ti'lirty days from the date of' the serving of such notice 1 the City may tal,e over the "lork and prosecute the setae to completion by contract,or by any other method it may deem ad,~sable. for, . the account and at the expense of the Contractor, ~'1d the Con- tractor and his surety shall be liable to the City for a"y ex- cess cost occasioned by the Oi ty thereby, and in such event the City may, \'l1thout li ability for so, doing, talee posses sion o£ > and utiliz~ in completing the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the l"lork a.'1d necessary therefor. r·lalce 13. Th~ Ci ty t s iiie:ht' to Hithhold Certain Amount sand AtJDlicatio:l Ther~of. In addition to the amOUl:t which i;i1e , -4- 'City may retain under Paragraph 21 of this, Contract until the , final, completion and acceptance. of' all I'lork covered by ,the Con- " tract, the City may l'iithhold from payment to the Contractor such an amo~~t or amounts as in its judgment may be necessary to pay just claims against t-be Ccntr3.ctor or any subcontractoro f'or labor a.l').d servicE's rendered and materials furnished in a.~d about the ~10ric. The City may apply such l"ithheld 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 b,e considered as a payment made under the Contract by the City to th~ Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made ~ri t!lout, prior judicial dete rrninati on of' the claim or claims. 14. Notice and Service Thereof. Any notice from one party to'the other under the Contracc shall be in writing, a~d shall be dated and signed either by the party gi ving such noti.ce, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose \'1hatsoaveir' unless served in the rollo~11ng manner: (a) if the notice is given to the City, either by personal delivery "thereof to the City Mana- ger of the City, 'or by depositing tlie same in the United States mails, enclosed in a sealed envelope, addres sed. to the ci'ty, postage prepaid and certified; (b) if the notice is given to the Contractor, either, by personal deliver's thereof to the Contrac- • tor. or to his duly authorized representative at the site of the ,pro~ect. or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at P.O. Box 729, Mountain View, CA '94042. 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 o~her 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 l~st co~~unicated by him to the party giVing the notice. postage prepaid and certified. 15. Assignment of Contract. Neither the Contract. nor any part thereor, nor moneys due or to become d~e there~~der, may be aSSigned by the Contractor without the prior written ap- proval of the City. ~6. Cor.roliance '~rith Specifications of Materials. t-lhen- ever in the Specifications, any material or process is indicated or specified by patent or proprietary name. or by name of manu- facturer, such Soecifications must be met by Contractor, unless , , the City agrees in writing to some other material, process or article offer~d by Cont'ractor which is equal in all respects to the one specified. -5- 17. Contract Securitv. 'The Contractor shall furnis~' a surety bO!'ld in an amount at laast equal to one hundred 'Oer- ,cent (laOS) or the contract priCe as security for the faithf;.:.l . per1'ormance .. of this Contra:ct. The Contractor shall also furnish a separate surety bond in an amou-"'t at least equal to one'hun-dred percent (lOC::) of the contract price as security for the paYr.'lent of all pers ons for furnis!:ling 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 ,'Tori< or labor thereon of any kind, and ror the payment of amounts due ul'l.der the Unemployment Insurance Code ,dth, respect to such worl< or labor in connection !,'fith this Contract, and for the pay- ment of a reasonable attorney's fee to be rixed by the court in case suit is brought upon, the bond. 18. Insurance. The Contractor shall ·not com."lIence ;'lo~k under this Contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to com- mence ~TOrl·~ on his subcontract until all similar insurance re- quired o:f the s!~bcontractor has been so obtained and approved. The Contractor shall furnish the City ..... ,ith satisfactory proof of-the carria;e of ~nsurance req~ired, and there shall be a specific contractual liability endorsement extending the Con- tractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly -Para6 raph 19 hereof. Any policy of insurance required of the , Contraotor under this Contract shall also contain an endorsement providing that thirty' (30) days' notice must. be given in \1riting to the City of any pending change in the limits of liability or of any cancellation or modification of the policy~ (a) vIorl<men's Cornoensat':!,on Insurance and Em- ployer's Liability Insurance. The Contractor shall ~ake .out and maintain during· the life' of this Contract Horkmen' s Co:npen- 'sation Insurance and Employer's Liability Insurance ror all of his employees e~loyed at the site of the project and, in case any work is sublet, the Contractor shall require the subcontrac- tor similarly to pro'~de Wo~kmen's Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such 'employees 'are covered by the protection a:ffordad by the Contractor. ' In signing this Contract the Contractor ma.l{es the 1'01- lowing certification, required by Sa ction 1861 of the Labor Code: -1 am a\·rare of' the provisions of Section 3700 of the Labor Code '-/!':lich re,quire every em- ployer to be insured agains~ liability for worlcmeh's compensation or to undertake self- insuranoe in accordance idth the provisions or the c09,e '. and I \.ill cOr.1.ply with such provisions -6- before commencing the perform2nce of the wor~ of this cont r:J.ct. II (b) Liability Insurance. The Contractor shall take ·out and' maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insur~~ce as shall p!'o:ect him and any subcontractor perforrn.in~( ~Tork cov- ered by this Contract from claims for damages for bodily injury, including accidental death, as ~Tell as from claims for pro?erty damage, in *cluding third-party property damage, to include, cov-L erage on property in the care, custody and control of the Con- tractor, and also in:<cluding lImat are comlnonly'known as the "X, C. C, and Un exclUsions (having to do li1th blasting, collapse, and undergroll."ld property damage). l·rhich may arise from Contractor's operations under this Contract, whether such ooerations be by himself or by ~~y subcontractor or by anyone directly' or in- directly,employed by either of them and the amo~"lts of such in- surance shall be as follows: ~odily Injury Liability Insurance in an ~~o~~t not less thi!n $300,000 for injuries, l including acci:dental death, ,to 2nY one person , and, subject to the sarne 'l.:imit for each person, L- in all 'amount not les s than $ 500,000 , on account of one accident, and Property 'Damage Liability Insurance in an amount not less than C ; 200,000 • The City and its officers and employees, shall be'named as additional insureds on ,any such pol1c;Les of insur~~ee, I'rhieh shall also contain a provision that the insurance afforded thereby to the City, its officers ~"'1d employees, shall be primary ,insurance to the full limits of li'3.bility of tile policy, and that, if the Cii;y, or its officers and er.;ployees, have other insurance against ·a loss covered by such policy. such other insurance' shall· be ex- cess insurance only. (c) Fire Insurance; The L talce Ollt: and maintain-for the benefit of' beth partie Co act insurance covering loss by fire, exten coverage en- dorsem .. perils ,(11inds torm. hail, explosion riot, riot attending: ,a strike, c -,' commotion, aircraft, veh' es, smoke), and va!1- , dalism and malic). mischief UpO!'l t entire structure on l'rhich the work of this Contra s done to one hundred percent (100$) of the insurable val Proper evidence of such insura."lce 'shall be fu ~, ed If the [ City provides the f e insurance hereun and the Contractor desires broade ratection than the perils 0 ass by fire j ex- tended cove ge endorsement perils) and vandalism d malicious * Supply in or ~, as the case may be, ,in the blank. -7- .r.l1sci:lie'r> the City \'lill atte ~~d the Contractor broader protec~~~'~u ucn broader protection "V any additional cost for such 19. Hold Har:nless. The Contractor ~'[ill save, keep, and hold harmless the City an<l all offlcers, em?loyees, and agents thereof frot:! all damages, costs, or expenses, in la~r or i:n equity, that may at any time arise or beset' up because of personal in- jury or d~~ge to property sustained by any person or persons by reason of, or in the course of the performance of said :1ork, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm o·r corporation in consequence of the use in, on, or about said \-iork. of any article or material s upplie,d or inst al.led under this Contract. Not~~i th- st.anc.ing the above. the Contractor shall ,~lherever it is necessary keep and maintain at his sole cost and expense during the course of his operatio!"!s under this Contract such 'I-!arnings, signs, and barriars as may be required to protect the public. The p,rovisions of the preceding sentence shall not impose any li'abili ty upon the City and are for the express benefit of the general pu~lic. 20 •. Hours of i-lork. Eight hours of labor during any one calendar day and rorty hours of labor during anyone calendar week shall constitute the maximum hours of service upon all \-Tork done hereunder, a..'1d it is expressly. stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by ~"'ly subcontractor or suhcontractors unO.er tbis Contract, upon the .... ork or upon any part of the I-lork contem!Jlated by this Con- tract, shall be required or permitted to I .. orlc thereon more than eight hours' during ",ny one calendar day. and forty hours during anyone· calendar 'Ileel" except. as provided by Section 1815 of the Labor Code of the State of California, \vorlc performed by employees of contractors in excess of eight hours per day and torty hours during anyone week shall be permitted upon public work upon compensation for all hours \-fork.ed in exce,ss of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expr.essly stipulated that for each and every violation.of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions l'lhere- of are deemed to be incorporated herein, the Contractor shall torfeit, as a penalty to the City, t\'1enty-fiva Dollars ($25.00) tor each laborer, workman, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under 'this Contract, for each calendar day during ~rhich said laborer, workman, or mecha.'lic is required or perr.l1tted to I'lorle more than eight hours in a.~y one calendar day and forty hours in anyone calendar week in violation of the prOVisions of said Sections of the Labor tode. . The Contractor, and each subcontractor, shall keep an accurate record sho~ling the names of and actual hours \10rked each calendar day and each calendar '.'leek by all laborers, work- -8- men, and mechanics employed by him in connection :Ofith the \'1ork ,contemplated by this Contract, which record shall be open at 'all reasonable hours to the inspection of the City or its offi- cers or agents and to the Divis ion of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21. t-Iall:e Rates. Pursu<!Ilt to the Labor Code of the State of California, or local lal'f thereto applicable. the City has ascertained the b"meral prevailing rate of per diem wages alld rates for holidays and overtime "fork in the 16cali ty in i'Thich this I-lork is to be pertormed~ for each craft, classifica- tion, or type ot: laborer. \-rorkman, or mecnanic needed to execute this Contract. The prevailing I-tages so determined are set f'orth in the Specifications and ~ade a part hereof. Neitner the notice inviting bids nor this Contract shall constitute a: representation ot: fact as to the prevailing wage rates upon 'VThich the Contractor or any subcontractor under bim may base any. claim against the City. ' It shall be mandatory upon the Contractor, and upon any subcontractor under him, to pay not less than the said spe- ci.fied rates to all laborers, ,'lorkmen, alld mechanics employed in the execution,ot: the Contract. ~t is further expressly sti- pulated that the Contractor shall, as a penalty to the City, rorf~it twenty-five dollars ($25.00) for' each calendar day, or portion thereof, for each laborer, ~lorkma!i" or mechanic paid les5 .. than 'Che. sti?u.lated prevailing rat;es ro~ any ''lorj.: done under this Contr~ct by him or by any subcontractor ~~der him; and Con- ,tractor agrees to comp!y with all prOvisions of Section ~775 of the Labor Code. , In case it becomes necessary for the Contractor or any subcontractor to em9~oy on the project under this Contract any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non-manual ,-[orleers as such): for which no Il .. ini:m~'n wage rate is herein specified; the Contrac- tor shall immediately notif'y the City, t'1ho ,'rill pro:r.ptly there- after determine the orevailing rate for such additional trade or occuoation and shall 'furnish the Contractor \-li th the minimum rate based thereon.' ,The minim~"a rate thus ~.furnished shall be applicable as a minimum for such trade or occupation from the time of the init.i:al ernploYIi:ent of the gerson affected and during the contil:uance of such employment. 22. Accident Prevention. Precaution shall be exer- cised at all times for the protection of persons (including em- . ployC!es) and property. The safety prOVisions of applicable lal'i'S, buildine; and construction codes shall be observed. t·lachinery, eqUipment, and other hazards shall be guarded or eliminated in accordanCe ~ith the safety prOVisions of the Construction Safety Orders issued by ,the Indllstrial Accident COll .... Jission of' the State of California. -9- • / 23. Payment. Not 'later than the 15th day of each calendar month, the C1;;y \<lill make partial payr;te~lt to the CO:1- tractor on the basis of a duly certified approval esti~ate of the I'lork perf::lr:::ed and materials incorporated in the proJect, during the preceding calendar month, by the Contractor, but t~e City "rill retain ten percent ( 10 %) of the a~ount of each of said estimates until the expiration of t~irty­ five (35) days from the date of recording by the City of notice of acceptance of cO!:lpletion of all ',Iork covered by this CO:1tract, if such notice be recorded t!ithin 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 11ith1n ten days, until the expiration of ninety-five (95) days after the acceptance of completion of such work of improvement as eVi- denced by resolution of its governing body, at ~lhich time and not beTore, the City shall, pay to the Contractor the ,\'lhole of the remaining ten percent ( 10 %) of said contract price s.o held back as provided; said certificates to be furnished by and obtained from the CityTs representative stating that the payment or install~ent is due upon the basis of work completed and the a..-nOU!'lt then due' and the City I S representative shall, be- fore the 30th of each mont!:!, deliver said certificates under his hand to the City, or in lieu or such certificates, shall de- liver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a state- =nt of the defects", if .any, to .be remedied, to entitle the ,Contractor to the certificate or certificates. In event' of the failure of the City 1 s representative to furnish and deliver said certi ficates or any of them, or in lieu thereof, the \vriting aforesaid, ~!ithin ten (10) days after the times aforeSaid, and after written dema..~d has been made upon him for the same, the Contractor may file demand 111'1 th the Ci ty, and, in event said certificates are not furnisl'1ed \'Ii thin ten (10) days thereafter, the same, shall become due and payable. In case the CityT s representati va delivers the 11riting 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 ~lork 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 what- ever inspection and approval may be required by lal·l. 24. Protection of Public Utilities. The City shall be responsible, as bet\'reen the p.arties to this Contract only, for the removal, relocation, or protection of existing public utili- ties, if any, located on the site of construction, but only if such public utilities are not identified by thc City in the Plans and Specifications made a part o.f tiN invitation for bids. -10- i.. . .i.. , Z~e City shall compensate the Contract~r ror costs incurred in relocating or repairing damage to utility racilities not indi- .cated in the Plans and Specit'icat:!.ons, other than sorvice lat- erals !trhen t-hepresence of such utilities on the construction 5i te can be inferred f'rom the' presence of such visible facili...: ties as' buildings ,al'ld meters and junction boxes on, or adj a- eent to. the construction site. T."le Contraetor shall not be assessed liquidated damages for delay in completion of the Con- tract project, as provided in Parazraph 27 belo~, when such de- lay is caused by the failure of the City. or other public ~tili ty. to provide .for the removal or relocation of' the eXisting utility racilities. It' the Contractor whHa: perTorming the Contract dis- covers utility facilities not identified by the City in the Con- tract'Plans and Specif'ications, the se~lice laterals as herein- above deSCribed, he shall immediately notif'y the City ~n writing. ,25. Contractor's Restlons1bilitv f'or the i-Iork. The Contractor shall not be responsible for tae cost. of repairing or restoring dama;e to the w~r.t.: caused by an act of God. NEVER- THELESS~ tIle Contre,ctor shall, if the insurance premium is a separ·ate bi'a :!. tern, obtain the insurance to indemnify the City f'or a..."'ly damage to the work caused by al'l a~t of God. "Acts or God" shall include only.the f'ollo\-ring occurrences or. conditions a"'la ef'fects: earthquakes aIld tidal I~aves, \-rhen such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Gnvernor of. the ·Stl'lta of California , or by the President of the United States. or were of a ;;tai;ni tude at thes! te of the ~tork suff'i ::ient to have caused a proclamation of disaster or state of emergency haying occurred in a populated area~ Subject to the f'o!"'ecioing, the .City shall not. in any \1ay or manner, be ans\'lerable or suf'fer loss. damage. expense or liability f'or any loss or damage that may happen to sp~d build- ing, worlt, or equipment or sily part thereof', or in, on, or about· the same during its construction and bef'ore acceptance . . . 26. Contractor's Guarantee. .The Contractor unquali- fiedlY guarantees the first-class quality of all \o[orkmanship and of' all materials, apparatus, and equipment used or installed by him 01' by any subcontractor or supplier int.ne project which is the subject of' this ·Contract. unless a lesser quality is expressly authorized in the Plans and Specif'ications, in t~hich event the Contractor unqualifiedly guarantees such lesser quality; .. and that the \10rk as performe!! by the Con tractor ~rill conform with the Plans and Specifications ·or any t'lritten authorized deviations therefrom. In case of any defect in \'Iork) materials, apparatus or equipment, \·rhether latent or patent. re'lealed to the City within ',one (1) year of the date o.f acceptance of' completion of' this Contract by the City, the Contractor will f'orthwith remedy such defect or defects ~i1thcut cost to the City. 27. Liquidated DamaF,es. Time shall be of' the essence of thi's Contract.. It the contractor f'ails to complete. \·rithin -ll- . .. .. , . . trie time fixed for'such completion, the ~'Iork hereinbefore tlen- tioned and described and hereby contracted to be done ~~d per- formed, he shall becotle liable to the. City for ~iquidated dam- 'ages in the sum of dollars ($ 50.00 ), for each arid every day during ;-rhici~ said I«orl,' shall remain uncompleted beyond such time for com9le- tion or unla',rful extension thereof, ~rhich sum shall be presumed to be the amount of da~age thereby sustained by the City since it \~ould be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be de- ducted by the City from moneys due the Contractor here~~der, or his assigns and su'ccessors at the title of completion, and the Contractor hereunder. or his as signs and succes.sors at the time of completion, and his sureties shall be liable to the City for any excess. 28. Additional Provis;ons. N/A " . , • -12- . STATE OF CALIFORNIA ) )ss. cou~rn: OF SANTA CLARA On this 17th day of March • 19 80, before .me, KATHY O. STONE , 'n Notary Public in and for ~he said County and State, residing therein. duly com- missioned and stwrn, personally appeared ROBERT 'J.'. GREE~E • knonn to me to be the person \'lhose name is subscribed to the "'ithin instrument as the attorney":in- fact of RAISCH CONSTRUCTION CO., a copartnership composed of A. ,J. RAISCH PAVING CO., a California Corporation, RAISCH PRODUCTS INC., a California corporati.on, and . RAISCH EQUIPHENT CO., a California corpora.tion, and acknowledged to me that he sub- s,:ribed the name of RA;rSCl:l CONSTRUCTION CO., a copartnership composed of A.,J. RAISCII . PAVING CO., a California corporation, RAISCH PRODUCTS INC., a California corporation. and RAISCH EQUIPHENT CO •• a Cal.ifornia corporation thereto as principal and his own name as attorney-in-fact. . In witness whereof I have hereunto set my hand and affixed my official seal in the' County of Santa Cla~~ay and year in this certificate fil:st above In:itten. . _ G>'Ot:i>SG>'OGI'lG>'l • i!,. .' •. ., . ~. . . • . • ,~'G>'IG>'lG>'l""""", . F""'CIAL SEAL . . I!) • ' ..... • • :. • ••••• '\,>:,-0 'l'.l. .• ' n . . . .• . .. G ..",,~-; 'l<A 1tf.1 D. s1bN~ 'R-.. . ..... . . . . • ~'" -.' . ;] ~~f.1:..'.\_\' ~ pUBLIc, CAL1fORNIA <'l • • : "'. • • .' - (3 '-~;t.'~'* I-I01A" RA CQUNT'I' " • . '&1 . ~. . ·:~t, SA~"'A CI.A.4"1981 ~. 9 . _ to' ires March"2 I <n ~ MY' commiSSion (;;~p -: ~1,))-:./~lSN~Nl G' , . ~.f,,)'.:Jb~(,)..:Jc.,)'.:/G~I.:rN .' •. ' -~6)'.OG?" .• -. Santa '. IH \"lITNESS I'lHEREOF, the pa:,ties have executed this Contract, i!'l duplicate, the day and year first; hereinabove . \-,'ri t ten. ATTEST: ~. citYCie Notary acknowledgment required. If a corporation, corporate seal and corporate notary acknowledgment req'ilired. CITy.oF CUPERTINO, a municipal corporation of the State of California, herein called the City herein called Contractor By ,t/Jf. t b;r:cJ, alit Robert·T. Greene, Attorney-in-Fact -13- • STM:E OF CALIFORNIA ) -) ss. COUNTY OF S.u1'l'A C1.A&\) On , 19~ before me, the undersigned, a Notary Public ~n and for sa~d State. personally appeared I • ,-=~~~~~~c-~~ __ ~----~----~~ __ ~ __ c-~~~~~--~~~-' known to ::te to be the persons whose names are subscribed 1;0 the ldt.~in Instrument, and acknowledged to me that they executed"the same. WIntr:SS my hand and official seal. Notary Publ~c in and for the County of Sauta Clara, State of California CORPORATION A~10m.'EDGEMENT STA'l:E OF CALI:CR.'iIA ) ) ss. COUln'Y OF_.urra CLAILo\) On " • 19 . , before me, the undersigned, a Notary Public i-n--a-n~d~fo-r--t~h~e--s-a-'i-'d~State:-personally appeared • ""!- ____ ~------------------__ --------------------------. known to me to be the of , the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporat~on executed the same. IN WI!!iESS t~~F, I have. hereunto set my" hand and aff~~ed my official seal ~n the Couuty of Santa Clara the day and year ~n this certificate first above written. Notary Public in and for the County of Santa Clara, State of California " ) PROPOSAl. MDN'U. VISTA ASPHAI.T CONCRE'XE OVEl!LAY • " '.' i. PROJEC'r 80-4-5 , ", ':.:.: ~:,.~ -~"'. ,."; .. -',":." .. ,'!:',-, .. ". '\ • ,.' :' J;:L.{:;,(,:;;/·,·<· ,)!. -. ') -is c h C ~ Yl s"L '( q (' '( . " , . ' .. ., TO 'IIiE DIIU!:croR. OF' P11BLIc: WORXS, eIl'Y·OF ClJPER'IINO. STATE OF CALIFORNIA: ~:,~;~t~,~ilf~~~('c~,!~%~l},~;~~t~~';r~~;,~'~r~':' .g . ' 'm 'cOmPliance with the specificatioi:ts"furn:ished for the Monta Vista . Asphalt Concrete OVerlaY'Project 80-45; r the undersigned? hereby declate that r have read the proposal requirements and hereby propose to do aLl work required ,to completa the said work in accordance wLth the Specifications and/or Pla:as-for,:the amoUnts set: forth herein on. the 'incorporated schedule_ . .. ." -!: .': .:~·:::-.-.:~:~'·~}:;7;~":·;·':S~f~;;:~·::.;"':",~:;::"'::' fJ·.~.::Y!~;\·:"'~·:>'\~~ ":/~:>:~-".. . : ,:' ~~'.-." . .' , ",. . '~.:­ : .. ,. '.' "1'he work shall. be-the a];!pllcatiotr of' an' asphalt overlay as outlined in. the Specificad.01lS' :mir/or Plans to the variollS streets outlined herein. All necessary preparation as' well as "cleanup" is included in the prices bid and no 'elttra compe:nsartonwill. be sought.' All work wLIl be done in a' 'workmanship like· manner and will meet or exceed the embodied requirements andlor the standards stipulated by the·City·Engineer. .. ' . ""'-. , •. ,J '" ,,~-,':~:;"::;,:\;":~~~."" •• : .. ~.~;.f~"";:;·:?~~:"'<:';::~: .. \.,_"\;'~~."'~.:' .'. ,,: ~ '.' The IIIldersigned" also IIIlders tands that:' the-quantities shown below: are esl:i.mat:es only. be:!;rl&' given as "a basia:' for the extension of rhe IIIlit prices bid'; ' .. 'Dlis. ·elU:ension.. w.:t.I.I be. the 'basis. for comparison of bids by' the City Council., nie, Cit:y.·,reae:rve~· thli "right-io. f.ru::.i:.ease-or decrease the amount of class 01: portion. of:thework Ol: to omie'items as may be deemed neces,eary ' . .-~:.j-~: ~.""-"":;~ ". ,',," ''t" ",. ,',';' 'b ,..'L._ 1:'_ .t_ ~ _ .. '': (.' '" ," T' " "0;" ~ •• "',,!. ~., •. ,...,.. . •. ... . ... ' "' ........... g~eer. .. ,· ~'. f", "·-·4,,".!.y.~ .• ~ : .... j ........... ,.J.,. '..... ,-'~ .', ,.'~., ,-,,". J ',' i W "",',,'-'" "' ........... "."!. .-.. ~. _ . .,' '~""::/:.::"':~".' " ~t;~, :; '"l7~< .".' :·::';~:·~·~~~!"'f.~~';~~~}:~~"'·::.:~<~>~;:~·~:~ .. r::~:·"~~·~-~~,~:..., ~.~.~?~/:;.:.:.) ~~; .. -:.': :" ~: '; ~.: " .,-' .. . :-' ,.< A. ldd 'bond in' the amount of 10%' is required~ Award shall be to lowest . b:l.dder: howe:ver;,·t!ie: e:tt:y:"Coimc1l.,reserves. the rigbe to reject any or all, ~ . ':i\:~'::~~~ ... ,,~.' .. -~; :' ',_. .. ' " " :. " . ~_~ .. ;~f;~:<:' ~. i '': PRICK TOTAl. ... ' ! . '.: ".. i :,·>'L:::·:·:i··..::. ,:~ .:70IYT'0ii:::',! 'PiovUie: and .Insi:all.,:~"'·maX-': .. ' . ...., . ,'" '/ •• •• ~..of. _ .. It ••• ~ .... 1 ........ ,~ ....... ,.~ ~.., • . ' '. • .' ,,, ' .. """ ,". ,'-"""'imuI!l ......... e A asphalt: concrete· . . : _ ',:.~' ':, . .,·.::_·l· .. ,::.;·: ... ..:..'~·., "'"'Jt"., ", , .' "~'.:~ .. ': .':. .. .:::;:-':;:'-!::;':'~:t:-.. ~:~~let:e~·d~. ~J1Datcl t:0r_ &".' j , ::. :-:,-:'. ~;~ ;:;'.,,:c;'~,:<'Yt::: ,~.~~. -e;: ~ c.w. '" i~ ~S I'ton . $' ..;~ l ~'~ ~ . :'. ',:',\,': ;':':::i~!~~t",".;. ~lla;s/Ton) ~. .... '-2:j -£. ~ ~. : : \:' .-~:::' .. >~.:~~'~':'::~~~:':':~ ~ ... -: ,-:$' :;' .::. ~:' .. ). ,~ . .::.;: ,-,{ : -.,:-~. : t z: '.':'-,""<,·:~·'.ii'iiCb:.:: 'Adjust m:umole~·e.;"grade. ,.' "'.'.-.,, .. _... ': ,:; ~,.,.: t' .. ,~,~--;. ': :"7·;·7r':;§!'.~:' .• ccmpl~e and ~ ~ce for .>~. ".,'.. " :_ • ..:;:".~;'~~~ j'" . : ·,::~:~,~·,,:<.:;:~:/~\~;;·:.:r.~~~~~:"1Z·s-~"'" :. ,':' \"h 00' '~'.'" . :"\' ' '::', .. ;, i '.. .. '" ~ .,-.. , ,.... _" _-..:" . .. .-. _'::lO -"/ $ (."CS()-I i: :~~:,~;,rl~~~~*}0}~~~~~~!:;Z;::~~; !'.!:l\ ." . :.": ~~: .. '. . .. j?' I I , i -----~- ," ',o.' ,...; :. """":""'" I.".~~ . • 'i ,>,' " , ,", "": lr.! " " -' BIDDER. Q!1ALIP'ICATION FORK \ I ) ) 'Following is a,partial list of projects completed by Raisch Construction Co. during the past two years: 1978 1978 1978 1978 1978 1978. 1978 1978 1978 1978 1978 1978 1978 ' 1978 1979 1979 1979 1979 1979 1979 1979 1979 Central Coach Terminal Higrn1~ 9 Resurface Santa Teresa Blvd. St. James Street Vallco Parkway & Calabazas Culvert Highway 101 ~ Ford' Road Huntington Avenue Resurface Mt. View Resurf~ce 77-78 Misc. Street Improvements Tract 3796 Tract 6022 -St. Francis High School Park Court Street ' 77-78 San Jose Resurface Highway 237 Median Barrier' Santana, Great Oa~s & Vinci Parks Santa Cl ara Resurface ' Jacklin Road Extension Parking lots 63 & 89' Abel Street Improvements, Sunnyvale Parking Distri,ct Bering Drive Extension Capitol Overcrossing @ Highway 101 101,670.00' , 198,063.00 272,709.00 184,276.00 440,160.80 461,637.50 90,400.00 365,887.00 110,445.00 837,227.95 245,190.04 265,263.75 546,826.40 310,442.40 167,899.50 824,817.00 63,167.50 91,919.00 344,684.50 117,370.00 180,957.00 661;193.50 County of Santa Clara, State of California County of Santa Clara state of California City of Cupertino State of California City of San Bruno City of Mt. View City of San Jose Crocker Homes Hayman Homes City of Santa Clara City of San Jose State of California City of San Jose City of ,Santa Clara City of Milpitas ' City of Mt. View City of Milpitas . City of Sunnyvale City of San Jose State of California Raisch Construction Co. is experienced and equipped to perform the required vlork and is prequalified with 'the State of California up to $38,950,000.00., . RAISCH CONSTRUCTION CO. ~ ;l .'cIt-" , ',' ,~4Ifh/y'" [!Iq¢ Robert T, Greene, AttorneY'in-Fact 2-16-79 1s (, ,,' . " } >, ': ? :-~c ciccs shall " I i I '. Ii " " i , I II i! . ' i I SPECIAL POWER OF ATTORNEY KNON ALL'NEN BY THESE PRESENTS: That A. J. RAISCH PAVING CO., RAISCH PRODUc'rS, INC., and RAISCH EQUIPMENT CO., corporations organized and existing under the laws of the State of California, and having their principal office in San Jose, California, do hereby constitute and appoint A. G. RAISCH, JR., ROBERT T. GREENE, JOHN C. LANE, JR., STEVEN W. GOSSETT and RAYMOND L. MESSA their ' true and lawful Attorneys-in-fact to sign, ~xec~te, seal, acknowledge and deliver for, and on their behalf, and as their act and deed, at any place within the United States, any and all bonds, recognizances, undertakings, contracts or other writings obligatory in the nature thereof, any such obligations within the United States, in any amount. And said corporations hereby ratify and confirm all and whatsoever said Attorneys-in-fact may lawfully do in the premise's by virtue of these presents'. ' This appointment is made under and by authority of the follmving Resolution passed by the Board of Directors of e,ach of said corporations at a meeting held at the principal office of said corporations a quorum being present and voting, on the 28th day of April, 1972" which Resolution is still in effect: "RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf any and all.bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, with power to attach. thereto the seal of the Company, ' Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by' the regularly elected Officers of ,pile:"lj-";': .. t", Company in their own proper persons." , }'.,/ .. ,~:,,: .. ,: >~"'" . "_",<.,]' •••. ~') ~,), I" ,/~ 1<, './:~ / .. "I! : ,) ',;}: .... , IN WITNESS WHEREOF, each of said corporations has '/caus ed'!, ... ', ", the~e prese.t;ts to be ~ealed with its corporate seal, d~]tbt~:te,st~~ .. X:( j ".,'by. ':~t.s Preslden nd ~ ts Secretary, ' day of ~ )', ,i, 19,'1'8.,;,: ,": .~" iw 1 •• " ".1""") Z~i,·I_/ ,', ~ ".J, _ .• ~.' ~ '~Il ( ... ~, ..... i<:':.·:':A'. '/.\':.l:z.-lj. , VltlG CO. I INC. RAISC '", (: " .\.:.~ ': do'. ~,>''-,.'''., '!) .. . ... 'iJ".'Js.fJJI' '.: "~ >. .' '. '. -. ,. J ~-~;,..,." ... t \~ ,,,,;' ", '~ '/~" ,l_·'~?:~' 'J3y'" )!:t:' _ " By ,/) "1';1";;'rl'lc:,";:.,;'f:"~'+""""'''7'"''~/ '\' ,',\' '. ", 7,//\ :-pr~' dent '/ / ."'\l',:r~ 'a~d$;n.,\: ~~~~,:!.\ ''. \l··t::f-),"/' .... ~ -?i;-/ ;>,'>~,\ ... \:~~y:~:)~ .. :.:.,~, ("t. '., ,J ""By ,(j,.~<a r'i!i);£.#)17"-. B /0t5'~;:!,:'/'?!,:I7(i',"l?.&?." >.'".;J.( ",":/~:) ;~\ ' .. Secretary ---r,,) ?,~ .PfSeere.t!atiF).;t .... • ~t}, ? } f~'J!"I" ,'.. I,., ~.' ,/_~,; .,z. -, '~lj'I~;,i" .... 1 . !,.,0,." .. 1 ';'01'.'.",} • • r "'/;.IO:;I.\j.{"·'\ ~ '-",; -. :~~ ,l,l •• ~.~'~:. :'.~ '\ , , STA'l'E OF CALIFORNIA ) l ,,-',,. ',', ,'j ,:.: ,"\,: ) 5S. ~~\~:I"'~';:~~~\": '~l~~:~~';~:>:?:- COUNTY OF SANTA CLARA ) ~ "';,;,\/,/':':;':, ~')<7 On this 1<SL day of _ .. _' , 1978, before me came'tiliflilli;\bo-ve- named President and Secretary of A. J. RAISCH PAVING CO., RAISCH PRODUC'rS, INC. and RAISCH EQUIPMENT CO", to me personally kno_m to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of said corporations and .thatthe said corporate seals ,and their signatures as 'officers were,',duly affixed and subscribed to said instrument by the authorit:( and directions of said Corporations. -'):! J::~'l" 11_1:!:1.t~ !"'~:;:J;' " J; ~~Jl ~1~~) ': WlJ::.U~';tJ.~ n:;::~~t:! .j ~ ~ \:: OF:.:>ICIAL SE:A~ ~ ~ PlANE ROMEO 11 ~ HOTA;r( ?-Ut1UC -CALIFORNIA':; J: PIU)/OMI.. office Hi THE :: :: COUHrt" OF !\J\HtA CLARA :: --~ Comm. '''p. May 8 .. 19.';11 ~ .l'lI'" 'n~1! !!IU~~l "~'''!I H't!U!.'!~jn;::t~~ '~l":lt:):~ ,~"j;j n, ('J, ~,:Ca4\fL.. UCc~c. Notary Public t1y Commission Expires' 6;18/81_ ,.,', . • _-~ .~~ --''''..;,.f ~ ..:...-_' _~~.~ __ ."._ ---.----~--.. --.......... --~,.....-----. ~-.~------, __ "' __ ._ ... ~ ... __ ---,----- , , ,(I .I "(.1 .' " , I. I, the undersigned, Secretary of A. J. RAISCH PAVING co., a California corporation, hereby certify that at a Special Meeting and an Annual ~eeting of its Board of Directors, held .. A!?ril 28, 1972 and September 19, 1977, .respectively, the following resolutions were adopted: APRIL 28, 1972 RESOLVED: That this Corporation and RAISCH EQUIPHENT CO., a corporation, and RAISCH PRODUCTS, INC., a corporation shall form a corporate partnership,' to do business. as RAISCH CONSTRUCTION CO. for the purpose of contracting for and constructing roadways and highways, and that any officer of this corporation is authorized to execute contracts on behalf of the said partnership. ,.' SEPTEMBER 19, 1977 The following Officers are elected by the Board of Directors for the fiscal year 1977-78 and to serve as such until successor officers are duly elected: ALBERT G. RAISCH, JR. • President JOE T. THOMASON • • ROBERT T. GREENE. . . . • • • • Secretary/Treasurer Senior Vice President DOUGLAS L. BEATTY • • .. • Group Vice President ARTHUR C. KENNEDY • • Vice President . LAWRENCE, J. KLAME,CKI. · Assistant secretary WARREN G. FRANCIS . . • Assistant Treasurer Dated: t'A/?R / A":t" ISCH PAVING CO. By se:...l. ~'d 4.6 r f>' > r ' Secretary \ , . _ .~, • _ T~'_ _. ___ • _._. _____ ~. -"'H ____ ---.i'_~~ CERTIFICATE OF INSURANCE EMPLOYERS INSURANCE OF WAUSAU This is to ~ertify that 'he insuronce policies {described below by (:I policy number) written on forms in use by the company hove been issued. This certifi,ote is. not (:I policy or (:I binder of insurance ond does not in any way alter. amend or extend the coverage afforded by any policy -referred to herein. ) This tertifkate renew, or reploces. the certificate previously issued. Nome end address of tnsured r RAISCH CONSTRUCTION CO. P. O. BOX 729 MT. VIEW, CALIFORNIA 94042 L Kind ot Coveroge" t fxpifotion Do1e Policy Number Workeu' 1 4 30 80 0610 00 039223 Com penl0tio" • Comprenen1iwe L:J4 30 eo I 0620 00 039223 GmfttQlliobili1y Products· Completed OpetG1iorn: i]lnduded Ofxdvded Contractuol· All Wntlen Contrads: t;31n<luded o Not Co.,ered Ownerl', Landlords' and T eno"'" Liability Contractual tiobifity - D.elign'Clted Controcts '--Only Automobile Liability 1 4 30 001 0020 02 039223 f2jAlf Owned Autos lXJ Hired and Nonowned Autos DS~ified AuIO\ Only $ S S S s S Repre.entative No., 5390 Place, SAN FRANCISCO, CA Date Issued, MA RCH 14, 1980 Region, SF • Unlen ofheh"';u~ indicared, thi$ polky aflordi full coveroge under the WorkeH' CompeMotiOt'l low5 of 01( ~tale:~ (e.cepf $tafe1 where (OVerage con be provided only by Slate Fund$. ond Conodo) ond 0" designated in the polity and endonemenH ior Coverage (I. ~ E mployer$' liability. Limits of liability BOdily Injury Properfy Damage fach Occurrence $ Stu;h CR;currenee Aggregot€1 S Aggregate Single Limit S 500,000 Each Occurrem:e S 500,000 Aggregate eoch O;:cunence 1$ Each Oteurren<e $ Aggregate Each O<:curtente S Each Occurrence S Aggrego1e Single Umi1 S Each Oc:cvrrence S A9gregate Per Penon Per Attidenf S Per Accident Single Limit S 500,00U Per Accidenf IF J.lJ'IY POLICY Speciol P(ovi)ionl/locoliorJ' covered by polide~ listed in lhi\ cenificDle / Spe<if.ied Auto): DES AllUV~ IS THIRTY ( 30 ) DAYS BEFORE TEE DURING ITS TEEM BY THE COO'ANY, THE C01'!PANY WILL MAIL NOTICE EFFECTIVE DATE OF SUCR CJ.lJ'ICELATION TO THE PARTY NAMED BELOW. MONTE VISTA ASPHALT CONCRETE OVERLAY, PROJECT 80-45 THE CITY OF CUPERTINO AND ITS OFFICERS AND EMPLOYEES, SHALL BE NAMED AS AN ADDITIONAL INSURED UNDER POLICY NO. 0620 00 039223 AS RESPECTS THE ABOVE LISTED JOB. THIS INSURANCE SHALL BE PRIMARY INSURANCE AND NOT CONTRIBUTING WITH OTHER INSURANCE PROVIDED ON BEHALF OF THE ADDITIONAL INSURED. N01 wilkitpndin9" t?ny r~lIi~ement. terr~ or c!,ndition 01 ony controd or t?!het documer:'.wtth r!1l'pe<:1 10. which !hii certificote may be luued or moy pertain, the insvrance afforded by the polICy (pOlitlM) delcrlbed obOlle 1l1vble<:1 to 011 of the le/m!" e.c!ullo,,, ond Conditions of weh polICY (polu::ies) during Ike termrsl thereof. tTko entry of 0 number in ;bi, column mean\ thot the (overage i5 afforded by the company designofed by the some number, Issue<ito, • DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO CITY HALL CUPERTINO, CALIFORNIA Issued by (I.) EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN (2.) IlliNOIS EMPLOYERS INSURANCE OF WAUSAU (3.) WAUSAU UNDERWRITERS INSURANCE COMPANY (4.) WORLDWIOE UNDERWRITF.RS INSURANCE COMPANY Signed __ " -~"""::~:::--'~O'J""': =-:>;;-Jt;,~r!...!f.nL-'-~nh-vp-- . STATE OF CALIFORNIA ) )S5. COUNTY OF SANTA CLARA '17th • M h 80 KATHV O •. STONE On th'is day of arc , 19 > before .roe; • -a Notary Public in and for the said County and State, residing therein, duly com- missioned 'and 81-101"n, personally appeared ROBERT T. GREENE , knolffl to ,,\(, to be the person I~lose name is subscribed to the vithin instrument as the attorney~in- . fact of RAISCH CONSTRUCTION CO., a copartnership composed of A. J. RAISCH PAVING CO., a Cnlifornia Corporation, RAISCn PRODUCTS INC., a California corporation, and RA.ISCH EQUIPHENT CO., a Calif"orp.ia corpora1:iclU, and acknol-lledged to me that he sub- s~ribed the' name of RA}SCH CONSTRUCTION CO., a copartnership composed of A.J. RAISCH . PAVING CO., a California corporation, RAISCH PRODUCTS INC .• , a Cal;i.fornia corporation, and RAISCH EQUIPNENT CO. > a Cal.ifqrnia corporation thereto as principal and his O"lm name as attorney-in-fact. . In ~~tness ~hereof I have hereunto set my hand and affixed my official seal in the' County of Santa Clara the day and year in tp.is certificate first above written • . . Nota in and for the County a Clara,' State' of California , .. . -. NotariaJ Acknowledgement-Anorney in Fact STATE OF __ C:.:AL=I::F..:O:::RN=I::Ac-__ _ _ ..:S:::.AN=-.::..FRAl=N.:;C:.::I::S.::::C:::.O_ t S.S. County of f HELEN B. AULICH NOTARY PUBLIC-CALifORNIA CITY & COUNTY Of SAN FRANCISCO My Commission E.:pires Stptember 3.1981 615-4216 9·79 17th March 80 On this ____ -=~:.::.. ___ day of -===-==-__ 19'_.:::.:::..... belo", me. _.!:.H:!E"'L='E::;N!!'..£B.!. • ..!:.A~U'.'L"'I!CC"'H~ __________ • a No,ary Public in and for said _.-:S:.:AN::::...;FRAN~:::::::C:::I~S:.:C:::O::..... _____ County, State aforesaid, residing therein, duly commissioned and sworn, personally appeared ~TCcHo;E:!!R::::E"S'"A"'-"'F.:E:£RMAN~~I!o:C"H'-"-___ _ _______________ known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company and acknowledged 10 me that he subscribed the name of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company therefo as surety, and his own as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, SAN FRANCISCO al mv office in the said t:Oounty of the day and year in this ceL!!!if,!le lir)}! ab:e wr~. • /l ~ ~. U,(Jt.~:t.. Notary Public in and for the county of ___ S::AN=c..::F.:;RAN="'C::.I"'S=C:;:O _____ _ S,.te of _...:C::AL=I::F..:O:.:.R=N::I:.:;A=--___ ~~ My commission expires ~ ____ C;!....:--=3::::=~g"-~{ _________ _ ,. , , • • • PERFDRMANCE BOND * • llfTY OF CUPERTINO PUBLIC WORKS MAR 2 i 1980 REcaYfD. 0650~45~039223~C Bond No. __ ........... .._ .. __ _ The premium for this bond is $ 101.00 payable in advance and subject to adjust- ment at current manual rates. wausau Insurance companies With OlIice. at Wausau, Wisconsin Any correspondence in relation to this bond should be directed to: Wausau Insurance Companies Surety Underwriting 2000 Westwood Drive Wausau, WI 54401 KNOW ALL MEN BY THESE PRESENTS: Tbat we, RAISCH CONSTRUCTION CO., a copartnership of A. J. Raisch Paving Co., Raisch Products, Inc. and Raisch Equipment Co. as Principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company a corporation organized under the laws of the State of Wisconsin and duly authorized under the laws of the State of California to become sale surety on bonds and undertaking, as Surety, are held and firmly bound unto CITY OF CUPERTINO as Obligee in the full and just sum of TWENTY SIX THOUSAND NINE HUNDRED SIXTY FIVE AND NO!IOO----------------- Dollars, ($ 26,965.00--), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors} administrators and assigns~ jointly and severally, firmly by these presents. The Condition of the above Obligation is such that whereas the said Principal has entered into a contract of even date herewith with the said Obligee to do and perform the following work, to-wit: MONTE VISTA ASPHALT CONCRETE OVERLAY, PROJECT 80-45 as is more specifically set forth in said contract. to which contract reference is hereby made: Now therefore, if the said Principal shall well and truly do the said work, and fulfill each and every of the covenants, conditions and requirements of the said contract in accordance with the plans and speCifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for tbe use of any person other than the Obligee named herein_ Sealed with our seals and dated this 1.7th day of March ,1980 RAISCH CONSTRUCTION CO. ;1 I I Principal E\y ~ ne, Attorney--act EMPLOYERS INSURANCE OF WAUSAU A Mutual Company -----_ ...... _- Surety (Se,l) {PI815-4249 6-79 PRTD. USA _B ~ '-£::';>7d"'~=<-' ""--__ THEllli~ Attorney-in-FacI .-• Bond No. ____________________ _ PERFORMANCE BOND $_------ ON BEHALF OF IN FAVOR OF vvausaulnsurance Companies With Offices at Wausau, Wisconsin • fMPlOYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW Al.L MEN BY THESE PRESENTS, That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau. County of Marathon, Sw.te of Wisconsin, has made. constituted and appointed. and does by these presents make. consr.itute and appoint Theresa f"e""""''''''''n"i"c"h'-______________ _ its true and lawful attomey·in·fact, with full power and authority hereby""confened in its name, place and stead, to execute., seal. acknowledge and deli';er any and aU bonds. undenakings, recognizances or other written obligations in the nature thereof· •• and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the president. sealed with the corporate seal of the rorporation Bnd duly attested by its seeretary hereby ratifying and confirming all that the said attorney-in-fact may do in the premises. This power of attOrney is granted pursuant to the following resoluti~n adopted by the Board of Directors of said Company at a meeting duly coJled and held on the 18thdayofMay .1973. which resolution is still in effect: "RESOLVED, that the President and any Vice President -elective or appointive -of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be. and that each of them hereby is. authoriud to execute powers of attorney qualifying the attom<;r. named in the given power of attorney to execute on behalf of EMPLOYERS INSliRANCE OF WAU""U A Mutual Company bonds. undertakin •• and all contracts of suretyship; and that any secretary or assistant secretary be, and that each or any of them hereby is, authorized to attest the execution of any such power of attorney. and to attach thereto the seal o( EMPLOYERS lNSURANC,: OF' WAUSAU A Mutual COmpany. "FURTHER RESOLVED. that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company may be afflXed to any such power of attorney Or toany certificate relating thereto br facsimile. and any such power of attorney or certificate bearing such facsimile signatures andfilCSlmile seal shall hf! valid and binding upon the EMPLOYERS INSURANCE OF WAUSAl: A Mut.ual Company when so affl.'l:ed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached," IN WITNESS WHEREOF. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be signed by the vice president and attested by its secretary. and its corporate seal to be herefO' affixed this 1st: day of September , lS...1L.. 'CE OFW CERTIFICATE Vice President ..? Noulty Publit;- NANCY L. ZIMBAUER NOTARY PUBLIC STATE OF WISCONSIN My Commission Expires February 21, 1;:82: STATE Of WISCONSIN CITY OF WAUSAU ) 's. COUNTY OF MARATHON) 1. the undersigned. vice president of EMPLOYERS INSURAXCE OF WAUSAU A Mutual Cumpnny, a Wisconsin CQI'POration, do hereby certify that the fO'regO'ing and attached power of attorney remains in full force and has not been revO'ked; and furthermore that the resulutiun of the Boord ofDir~cwl"Sset forth in the power of attorney is still in force. . 17th duy of SiJrned and sealed in the City O'f Wa»~u. Marathon Coum ..... Stu -March . .19_ts_u_ P .. R. Enos . STATE 01-' CALIFORNIA ) ) 550 COUNTY OF SANTA CLARA On thIs _27th <lay of March > 1980, before .me; KATHY D. STONE > -n Notary Public 1n and for the said County amI State, residing therein, duly com- missioned and 5,,0)."n. personally appeared ROBERT To GREENE • kno\m to me to be the person ,·,hose name is subscribed to the within inst:ru;;;""antas the attorney"':in- fact of RAISCH CONSTRUCTION CO. > a copartnership composed of A. J. RAISCH PAVING CO •• . a California Corporation. RAISCH PRODUCTS INC. > a California corporat:i.ort, and RAISCH EQUIPHEMT CO., a California corpora)::ion, and acknowledged to me that he sub- scribed the name of RAISCH CONSTRUCTION CO. > a copartnership composed of A.J. RAISCH PAVING CO., a California corporation, RAISCH PRODUCTS INC., a California corporation. and RAISCH EQUIPHENT CO.» a Cal.ifornia corporation' thereto as principal and his own name as attorney-in-fact. . In ~~tness ~hereof 1 have hereunto set my hand and affixed my official seal in the' , County of Santa Clara the day and year in t~is .~erti£ic~te first above written. '. ".~.~.~~Gi'Jl.. . , '. G>lI"""G>'l.N~'I""-· ~. . . '@'lG>'lG>'lG>'lG>'l"OFFICIAL SEAL ~ .' • ~: • •.... . '-~~~. . :~~;~I~'. 2l~~;RHIA 1 ,.,. -. '.'; .... . ; -.. 0.·· . G ~~~. N~~i A CLARA COUNTY . '. '. ." ,.' '. . • Bi . ',~", .. \ E"plres M.r,h 24, '981 Notary Publ:j:c in nd for· the County G' My com:::"""~,,,";';'~"'~'~~"~b"€l of Santa Clara.' State of Californi.a ~~~ -, .' ,.' 4 • . ' , .. i " Notarial Acknowledgemenl-Anorney in Fact I STATE OF CALIFORNIA SAN FRANCISCO 15.S. • County of __ ~~~~~ ______ __ HELEN B. ~UlleH NOTAR~ PUBLIC-CALIfORNIA em &. eOUN~ Of SAN fR~NeISCO My Comm;";" bpi, .. September 3. ISSI 815·4216 9·79 On thiS _--=l"'7.;;t"'h:-______ day of March .19 80 before me. _______ -"H~E"'L"'E"'N"_B=._"A"UL=I"'C"'H~ _____ . a Notary Public in and fo, said SA..~ FRANCISCO County, State aforesaid, residing therein, duly commissioned and sworn. personally appeared ___ T:;:H::ERE==S"'A:..:;F:,:E:;RMAN==.::I"'C::H:..... __ __ --:_-::--;-_:---:-:-:--;-____ -: __ known 10 me to be the person whose name is subscribed to the within instrument as the attOI'flBY in fact of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company and acknowledged to me thai he subscribed the name of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company thereto as surely. and his own as attorney in facL IN WJTNESS WHEREOF. I have hereunto set my hand and affixed my oiHcial seal. SAN FRANCISCO at my office in the said county of ~_________________ the day and year in this ce~: Wfittl$, ~ Notarv Public in and for the county of _-"S:.:AN::.:...:FRAN==.::C.::I:::S:.:C:.:O'-______ __ State of _____ C_AL_I_F_O_R_Nc:I,-'.A.-'-__ My commission expires __ 9,L~3=,c.....=..tJ,f'--I1'-___________ _ " , , " • I. • J - PAYMENT BONP-PUBLIC WORKS STATE OF CALIFORNIA • KNOW ALL MEN BY THESE PRESENTS: 0650~45-039223-C Bon~ No. ________ _ Employers Insurance of Wausau With Offices at Wausau. Wisconsin P.1lY !lll CUPERTINo PUBLIC WOR/iS ~AR 2 11Suu Any correspondence in fIlfation to this bond should be directed to: - Surety D apartment Employers Insurance of Wausau 2000 Westwood Orive Wausau. Wiscon.in 54401 RAISCH CONSTRUCTION CO., a copartnership of A. J. Raisch Paving Co., Raisch That we, I Products, Inc. and Raisch Equipment Co. as Principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company , incorporated under the laws of the State of Wisconsin and authorized to execute bonds and undertakings as sale surety, as Surety. are held and firmly bound unto any and all persons named in California Civil Code Section 31Bl whose claim has not been paid bv the contra~torA company or corporation, in the aggregate total of TWENTY SIX THOUSAND NINE HUNDRED SIXTY FIVE AND NO/10v------- ______________________________________________________ -------------Dollars, ($ 26,965.00----). for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators. successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract. dated March 17, ,19 8Pwith the CITY OF CUPERTINO to do the following work, to-wit: MONTE VISTA ASPHALT CONCRETE OVERLAY, PROJECT 80-45 Now, Therefore, if the above bounden Principal. contractor, person, company or corporation, or his or its sub-contractor, fails to pay any claimant named in Section 31Bl of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code. with respect to work or labor performed by any such claimant. or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, that, the Surety on this bond will pay the same in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code ofthe State of California so as to give a right of action to them or their assignees in any suit brought upon this bond, This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code. Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this 17th day of March RAISCH CONSTRUCTION CO, by dJ~ ;::.d-_ I! 1!~~~/_I_se.11 'Fobert T, Greent1;-Att~-~ EMPLOYERS INSURA.~CE OF WAUSAU A Mutual Company Surety ... (Seall by' ~ '.Ar>4~~~d.t.L-_ THERE"s:rW~H, Attorney-in-Fact IP) 815-4239 6-79 PRTD. USA • , , Bond No. C-____ _ LABOR AND MA !ERIAL BOND CAIJFORNIA (PUBlJC WORX) ON BEHALF OF IN FAVOR OF Employers Insurance of Wausau With Offices at Wausau, Wisconsin • .,-- • • EMPlOYERS INSURANCE OF WAUs.uJ A Mutual Company POWER OF ATTORNEY lU'lOW ALL MEN BY THESE PRESEl'.'TS: That the EMPLOYERS INSURANCE OF WAUSAtJ A Mutual Company, a corporation dulyorganizeci and existing under the laws of the State oIWisconsin, and having its principal office in theCityofWauaau. County of Marathon, State of Wisconsin. has made, constituted and appointed. and does by these pretlents make. constitute and appoint Theresa Fermanich its true and Jawiul attomey·in·{act, with full power and authority hereby conferred in its name, place and stead, to execute, seal. acknowledge and deU ... ·er any and aU bo.nds. undertakings, recognizances or other ,,:ritten obligations in the nature thereof --~ and to hind the corporation thereby 89 fuHy and to the same extent as if such bonds were signed by the president. sealed with the corporate seal of the corporation and duly attested by its. secretary hereby ratifying and confirming all that the lJaid attorney-in-fact may do in, the premises, This power of attorney is granted pursuant to the following resolutipn adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May • 1973. which resolution is stm in effect: "RESOLVEQ.. that the President and an~ Vice President -elective or appointive -oCEMPLOYERS INSURANCe; OF WAUSAU A Mutual Company be. and that each of them hereby is, authorized to &xeeute powers of atwmey qualifying the ati.Omey named in the given power oC atwrney to e)(ecute on behalf of EMPLOYERS INSURA1'lCE OF WAUSAU A Mutual Company bonds. undertaking, and all contracts of suretyship: and that any secretary or assistant secretary be. and that each or any of them hereb'l"is. authorized to attest the execution of any such power of attorney • and to attach thereto theseal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company. "FURTHER RESOLVED. that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU A Muturu Company may be affixt;d to any such power of attorney or toany certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such fac.'iimile signatures and faesimileseal shall he va.lid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Compan{' when so affi)(ed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached," " IN WITNESS WHEREOF. EMPLOYERS INSURANCE OFWAUSAU A Mutual Company has caused tbese presents to be signed by the vice president and attested by its secretary, and its corporate seal to be hereto affixed this ~~ day of September 19-1L CEOFW Vic~ President R. ~:W;;;;r££ ~ STATE OF WISCONSIN ) )ss. COUf>'TY OF MARATHON) On this 18 t day of Setltember , 1912-. before me personaUy came Norbert H. Berg , to me known. who being by me duly swom, did depo~ and say thatheis a vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Cumpany, the (.'(rrporation described. in and which e)(ecuted theaboveinstrument;thtttheknows theseal ofsaidool"POration; that the seal affixed to said instrument iS811ch cocporateseal and that it was so affixttd by ordt'rofthe Board of Directors of wid corporation and tha.t hi: $igned his name thereto by like order. IN WITNESS WHEREOF, ] have hereunto set my hand and affixed my official seal the day and.vear ht'nrin first above written. CERTIFICATE STATE OF WISCONSIN ) CITY Or WAUSAU ) ss. COUNTY OF MARATHON) :?NOtary Public NANCY L. ZIMBAUER NOTARY PUBLIC STATE OF WISCONSiN .My Commission Expires February 21, 19S2 1. the undCl'signed. vice president of EMPLOYERS INSURANCE OF WAUSAU A Mutual Cumpanv. 11 Wisconsin corporation. do hereby certify that the foregoing and attach~ power of attorney nmain~ in 'full force and has not been revoked: and furthennore that the resolution IJfthe Board of Directors set forth in lhe power of attorney is stili in force.