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80-029.1 Hall-Way Contracting Co., Inc., Monta Vista Park Project 79-53 ,. , City of Cupertino • 10300TorreAvenue - P.O.Box580 Cupertino,California 95014 Cupertino,California 95015 , Telephone:(408)252-4505 OFFICE OF THE CITY CLERK June 8, 1982 Hall-Way Contracting Co. , Inc. 1090 No. 11th Street San Jose, California 95112 MONTA VISTA PARK PROJECT 79-53 We are enclosing to you a fully executed copy of the Contract for Public Work between the City of Cupertino and Hall-Way Contracting Co. , Inc. Sincerely, DOROTHY CORNELIUS „_49 CITY CLERK CITY OF CUPERTINO DC/so encl. s CONTRACT FOR PUBLIC WORK CONTRACT made on June 2, 1982 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the City, and THE HALL-WAY CONTRACTING CO. , 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: 1. Plans and Specifications for Monta Vista Park, Project 79-53 2. Faithful Performance Bonds, Labor and Materials Bonds, Insurance Certificate 3. This Contract 4. 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 doc- uments. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and Specifications on the one hand, and this Con- tract 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 Monta Vista Park, Project 79-53, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the following named person: Mr. Bert J. Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, Monta Vista Page 1 • • Park, Project 79-53 , 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 and control 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 the following named person: 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: Three Hundred Twenty-Seven Thousand, Nine Hundred Seventy and no/100 Dollars ($327 , 970 .00) subject to additions and deductions as provided in the Contract Documents. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dis- pute arise respecting the true value of any work done, of 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 A- merican 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 spe- cially tested or approved, it shall not be tested or covered up with- out 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, deviations, additions or omissions from the Specifications or Plans or other 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 Page 2 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 val- uation, 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 a- gencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Fed- eral 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, a- mendment 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 Arbitra- tion Association if the parties are unable to agree. 10 . TIME FOR COMPLETION. All work under this Contract shall be completed: Within one hundred twenty (120 ) calendar days after approval of Contract 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, lock- outs 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 Doc- uments. 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 Page 3 order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Con- • tractor. 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 ter- minate the Contract, such notice to contain the reasons for such in- tention to terminate the Contract, and, unless within ten days after serving of such notice, such violation 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 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 perform 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 Con- tractor 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, with- out liability for so doing, take possession of, and utilize in comp- leting 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 Con- tractor 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 dis- cretion. In so doing, the City shall be deemed the agent of the Con- tractor, 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 deter- mination of the claim or claims. With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in the City' s Notice to Contractors. Page 4 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under the Contract shall be in writing, and shall be dated and . signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: 1090 North Eleventh Street, San Jose, CA 95112 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 com- municated 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 Spec- ifications must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by Con- tractor 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 Con- tract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100% ) of the contract price as security for the payment of all persons for furnishing ma- terials, 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 pay- ment of a reasonable attorney' s fee to be fixed by the court in case suit is brought upon the bond. 18. INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor Page 5 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 ex- tending 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 Con- tractor under this Contract shall also contain an endorsement pro- viding 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 can- cellation of modification of the policy. (a) WORKMEN' S COMPENSATION INSURANCE AND EMPLOYER' S LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract Workmen ' s Compensation Insurance and Employer' s Li- ability Insurance for all of his employees employed at the site of the project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen' s Compensation In- surance 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 cer- tification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen' s compensation or to undertake self insurance in accordance with the provisions of the code, and I will comply with such pro- visions before commencing the performance of the work of this contract. " Page 6 (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 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 including 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 $300, 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 $500 , 000 . 00, on account of one accident, and Property Damage Liability Insurance in an amount not less than $200, 000 . The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy, and that, if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 19 . HOLD HARMLESS. The Contractor will save, keep, and hold harmless the City and all officers, employees, and agents thereof from all damages, costs, or expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to prop- erty 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 WORK. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall con- stitiute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or sub- contractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to Page 7 • work thereon more than eight hours during any one calendar day and • forty hours during any one calendar week, except, as provided by Sec- • tion 1815 of the Labor Code of the State of California, work performed by employees of contrators in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of Cal- ifornia, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twen- ty-five Dollars ($25. 00 ) for each laborer, workman, or mechanic em- ployed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, workmen, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the •provisions of said Sections of the Labor Code. The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar day and each calendar week by all laborers, workmen, and mechanics em- ployed by him in connection with the work contemplated by this Con- tract, which record shall be open at all reasonable hours to the in- spection of the City or 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 work in the locality in which this work is to be per- formed, 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 ac- curate 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 in connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be availabe 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. Page 8 • ( 2) A certified copy of all payroll records enumerated in sub- - division (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 sub- division (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 either the body awarding the con- tract, 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. (c) Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records with 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 Di- vision 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 con- tractor 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) , includ- ing 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 10 days in which to comply sub- sequent to receipt of written notice specifying in what respects such contractor must comply with this section. Should noncompliance still be evident after such 10-day period, the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day or portion thereof, far 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 stipula- tions 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 Sec. 6250 ) of Div. 7, Title 1, Gov. C. ) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798 ) Pt. 4, Div. 3, Civ.C. ) governing the Page 9 • • 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 works. 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. Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070 ) , Division 3, of the Labor Code, are eligible to be employed on public works. The employment and 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 per- forming any of the work under th contract or subcontract, employs workmen in any apprenticeable craft or trade, the contractor and sub- contractor 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 apprentices in the area or industry • affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. The contractor or subcontractor, if he is covered by this sec- tion, 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 contract that Page 10 • he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than on apprentice to • each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 ratio as , set forth in this section. This section shall not apply to contracts • of general contractors involving less than thirty thousand ($30, 000 ) or 20 working days or to contracts of specialty contractors not bid- ding for work through a general or prime contractor, involving less than two thousand dollars ($2,000 ) or fewer than five working days. "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations presecribed by the Apprentice- ship Council. The joint apprenticeship committee shall have the dis- cretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ration set forth in this section when it finds that any on of the following conditions is met: (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5 or (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 performed under a public works contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees of the public at large if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. When such exemptions are granted to an organization which repre- sents 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 committes, provided they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or any subcon- tractor under him, who, in performing any of the work under the con- tract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contribut- ing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators are unable to Page 11 • accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The • contractor or subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of Labor Standards Enforcement is authorized to enforce the payment of such contributions • to the fund or funds as set forth in Section 227. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. All decisions of the joint apprenticeship committee under this section are subject to the provisions of Section 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 appren- tices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by Stats. 1976, Ch 1179. ) Sec. 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 as a civil penalty in the sum of fifty dollars ($50 ) for each calendar day of noncompliance. Notwithstanding 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 in- vestigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. (c) Any funds withheld by the awarding body pursuant to this section shall be deposited in the General Fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if ' such awarding body is an entity other than the state. The interpretation and enforcement of Sections 1777. 5 and 1777 .7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch. 1249. ) It shall be mandatory upon the Contractor, and upon any subcon- tractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. If is further expressly stipulated that the Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25. 00) for each calendar day, or portion thereof, for each laborer, workman, Page 12 • or mechanic paid less than the stipulated prevailing rates for any • work done under this Contract by him or by any subcontractor under him; and Contractor agrees to comply with all provisions of Section • 1775 of the Labor Code. In case it becomes necessary for the Contractor or any subcon- tractor 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 Con- tractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupa- tion 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 proper- ty. The safety provisions of applicable laws, building and construc- tion codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety pro- visions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. . 23. PAYMENT. Not later than the first Tuesday of each calendar month, 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 his 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 or certificates. In event of the failure of the City' s representative to furnish and deliver said certificates or any of them, or in lieu 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 Page 13 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 entitled the Contractor to the certificates. The payment of progress payments by the City shall not be cons- trued 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 inspec- tion 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 respon- sible, as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, lo- cated 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 Con- tractor for costs incurred in relocating or repairing damage to util- ity facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the con- struction site can be inferred from the presence of such visible fa- cilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed li- quidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, whensuch delay is caused by the failure of the City, or other public utility, to provide for the re- moval or relocation of the existing utility facilities. If the Con- tractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR' S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify the City for any damage to the work caused by an act of God. "Acts of God" shall include only the following occur- rences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of Cali- fornia or by the President of the United States, or were of a mag- nitude at the site of the work sufficient to have caused a proclama- tion 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 equip- ment or any part thereof, or in, on, or about the same during its construction and before acceptance. 26 . CONTRACTOR' S GUARANTEE. The Contractor unqualifiedly guar- antees the first-class quality of all workmanship and of all mater- ials, apparatus, and equipment used or installed by him or by any Page 14 subcontractor or supplier in the project which is the subject of this . Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guar- antees such lesser quality; and that the work as performed by the • Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (l) year of the date of acceptance of completion of this Contract by the City, the Contractor will forthwith remedy such defect or defects without cost to the City. 27. LIQUIDATED DAMAGES. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed `for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of Fifty and no/100 dollars ($50 . 00 ) , for each and every day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and the Contractor hereunder, or his assigns and successor at the time of completion, and the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. Page 15 t .1 1 STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On 025 , 190p C/, before me, the undersigned, a Notary Public in aMl for said State, personally appeared /� I&t/ know�to me Leo be the persons whose names are subscribed to the within Instrument, and acknowledged to me that they executed the same. WITNESS myhand and official seal. 1uII11111Hea¢eelsanMa OWIHNUMllnumumn 1 OFFICIAL SEAL m DEBORAH MANTOAN 0 P ty '0 NOTARY RURLIC — CALIFORNIA 4 COUNTY OF SANTA CLARA Notary Public in and for the County Comm. Exp. March 22, 1985 of Santa Clara, State of California a-----r--.----- CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) C - On J , 19 before me, the undersigned, a Notary Public in d for the said State, personally appeared • G elq-111 n /'l known to me L to be the �Y ' xidco"_ , "' of( �J(_� WUE he corporation that executed the within Instrument, known tone to be thepersonwho executed the within Instrument, on behalf of. the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. IIBOBE BFLBBOBI W BB, 00L8o3dodBoo Lo5Nnnn000,PBillop�.y OFFICIAL SEAL I0LLL+ i ��ObC DEBORAH MANTOAN Notary Public in and for the County T4..-'-,�,��,rff[`;4, NOTARY PUBLIC - CALIFORNIA F W^.^�r' COUNTY OF SANTA CLARA of Santa Clara, State of California Comm. Exp. March 22, 1985 tl • 28. ADDITIONAL PROVISIONS. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF C NO Approved as to fo •m Mayo ii ,4 0 AM , mil City Attorne City Clerk: / - CONTRACTOR: •x4Aw wc" LOlii*Aal10 .Co.)5 C. e y: .z/ yiepteS ' • Notary acknowledgement required. / Tf a corporation, corporate seal and corporate notary acknowledgement required. Project Name and Number: Monta Vista Park, Project 79-53 Contractor' s Name: The Hall-Way Contracting Co. , Inc. Contract Amount: Three Hundred Twenty-Seven Thousand, Nine Hundred Seventy and no/100 Dollars ($327, 970 .00 ) Purchase Order No. : r Page 16 A. BID DOCUMENTS , continued 441114LL. 1 BID PROPOSAL EXHIBIT A BID PROPOSAL Monta Vista Park, Project . City of Cupertino State of California . The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named hereTh; that this proposal is made without collusion with any other person, firm • or corporation; that he has carefully examined the locale of the . proposed work, the proposed form of contract; and he proposes and agrees if this proposal is accepted that he will contract with the City of Cupertino, in the form, the Standard Form of Agreement between Owner and Contractor, A.I .A. Document A101, latest edition, for Stipulated Sum Contracts, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all materials specified in the Contract, and do all work required to complete said work on or before 120 calendar days, in accordance with said Plans, Specifications ,_and Special Conditions, and according to the requirements of the City Engineer as therein set forth, and that he will take in full payment therefor, including all applicable State and Federal Taxes, the following prices to wit: BASE BID PROPOSAL - The Base Bid shall include all work and requirements described in the Contract Documents, Specifications and Drawings . In general, the work includes , but is not limited to, all site clearing and demolition, earthwork, storm drainage, utility lines and connection, including walkway lighting, conduit and concrete footings„ irrigation, planting and planting maintenance, play area construction, concrete steps and curbs, picnic tables, tennis courts , concrete paving, curbs- and gutters, asphalt paving and 'other landscape improvements . BASE BID $3n, 9?o° ° (Written in Wards) a a i �.i ,; •, • ..) .., , , � A-3 ;,f,,,;,;\''`+ UNIT PRICES • For changing quantities of work (adding or deleting) from those indicated by the drawings, upon written instructions from the Engineer, the following Unit Prices shall prevail: • 1. Two (2) inches heavy duty asphalt concrete paving with six (6 ) inches base and grading for parking lots: Per Square Foot $, . 187 2. Concrete curb at parking lot: Per Lineal Foot $ f.5/5°D 3 . Concrete curb and gutter at �p parking lot: Per Lineal Foot $ . �. 4.. Seeded turf (including fine grading, soil amendment, fertili- zer and maintenance) : Per Square Foot • $ •425r 5. Trees (15 gallon can) , installed and staked: Each $ 7. 042°- 6 . 06 . Trees (24" box) , installed and staked: .. Each $ .. 2_5D 7. Shrubs (1 gallon can) , installed: Each $• cgCe 8 . Shrubs (5 gallon can) , installed: • Each $ 2O 9-52 9. Hypericum ground cover installed ) 12 inches on center from flats : Each $ 2.`1- Gazania ground cover installed 12 inches on center from flats: Each $ 11. Vinca Major ground cover installed �� 12 inches from flats : Each $ 25 4 12. Hedera Helix ground cover installed 12 inches on center from flats: Each. $ Z 13. Irrigation main line, -3 inches : Per Lineal Foot $ 'as 14. Irrigation main line, 2-1/2 Per Lineal Foot $ t0 O P, inches : 577 15. Irrigation main line - 2 inches: Per Lineal Foot $ 7 Cr 16 . Irrigation main line - 1-1/2 Per Lineal Foot $ /O 1�rc inches: 1 17. Lawn heads (pop-up rotors) , includes lateral line and o0 fittings : Each $ 200 • A-4 e 18 : Lawn. heads (pop-up spray) , • - . includes lateral line and fittings; Each •$ �� 19. Shrub heads , including lateral line and fittings: _ Each $ �—octi • 20 . Quick coupling valve: Each $ - �[p� 21. Remote control valves - 2h1/2 inches : Each $ 2 Soft 22. Remote control valves - 2 inches: Each $ 2-0O 23.. Remote control valves - 1-1/2 Each $ ,t eis-ce inches: 24 . Remote control valves - 1-1/4 inches: Each $ t J'—D� 25. Bark mulch (.3/4" size) 2 inches deep: Per •Square Foot $ !O J 2.6. Broom, finished concrete path173'per Detail 7/L-4 : Per Square Foot $ 1 5 _ 27 . Boulders (random size) per Detail 6/L-3: Per Ton $ /DD 28 . Pathway light (per Electrical , Drawings) , including electrical conduit, wiring, base, pole fixture and other necessary appurtenances: Each $ 4tooO 29. Picnic table with benches barbeque and concrete pad per Detail 9/L-4 , installed: Each $ 5/000op 30 . Street patching - 12" concrete base with 1-1/2" asphalt surface. Per Square Foot $ (•"/i / , The above Unit Prices shall include all labor, materials, bailing, ' shoring removal, trenching and backfill, overhead, profit, insurance, etc . , to cover the finished work of the several kinds called for. • A-5 - . • 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 qualifica— tions as a part of this proposal, and the truthfulness and accuracy of the information is hereby guaranteed. (1) How many years has your organization been in business under its present name? ,20r (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? Ao eta - i (3) Contractor's License No. j!`l07�/ ? , State of California, f:` ^ Classification A &- 27 , Cmi • (4) List work similar •in character to that required in the propose• 1,c/ contract which your organization or personnel in your orga '�• ..�� has completed within the past three years. - `'% ivy j /Ayid f Year Class, Location of Work and for Whom Performeddr ,\ f` 'Ontract amours\ ;v " ' i CA:T .Pf�-� '� l 1�� . l C1, r:� C(4,%- a0\S�/ �:�,�.yC��°���1m (�'l I —✓N1,1 .1s111 ! �LG..CL-�7P .\7 3 (;W`l a 7 2 ,L l.)tew A B 3 v t /4-retirt v LLOUCO CP C7 aissu-c- K - /L Car/ LIf r n L , It iiiitt gig cht"t PiirL- ci.L6 0(42c%-iac Pea ?%; r, 11 tr l' PI i-ii>.- 4.1vc“,. f z_Vii•'t _ / (C lE l,lI�Y,� rbc /- Com,/ n� C nclit _ (, S�7c z 6'Z/ S ;' rte' /14C N.- heir C)6--'-, `�cc�, A/L c- ac C ip64 2 1 Sax- 19 / • p!f qt rr �k,-4 sic.„:V* /wig' ,74l i Spay , Z c A-6 • Name of Proposed Sub-Contractor, if any . (Section 4104 Government Code) 3. i fe -r /�_ 4. C / , C.�r— I • 6. • . Address of Shop or Office of Sub-Contractor • c /� (Section 4104 Government Code) , • 1; __72=7,...„7,0,40e€ c 3. rn -4 , C:«— ° . ' -� /Zj/J C 6. . Work to be performed by Sub-Contractor • (Section 4104 Government Code) 1. /J� 2. an 3. A.2c.rje / 4. . C 'di/t.421,-3 5. n- 7 .,. . 6. 1.411) E7--- -.77 • :131 Q t‘p..- . . ' V" •t, ;A e4 j . \' ' nV et, -I - . . - A-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 CO3`D?OSING THE FIR`1. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDEPNT, SECRETARY TREASURER AND MANAGER. THE CORPORATE SEAL ;NST BE AFFIXED. TYPE OF BUSINESS: Individual Co-Partnership Corporation -77-/E- ,44Gc - 4/14/ Gvivrflic77. CO $ Joint Venture / 1/ Other • (describe) • NAME AND SIGNATURE OF BIDDER: • S-i e e&J ,S—c/c G Z • • Addreis Date Ogft2.- Addenda Received: n ,,11 AL 'L,v�a1/4 CZ,CQ,CS . LN 1 0 3 4 5 `l t' • �D� (> � , ilk° •�� . • fir AZ= Z . CC SPS • • A-8 T ��/'�/pn Certificate of Insurance MVL Vo THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES STRATTON'AGENCY 261 Hamilton #409 COMPANY A P,O,Box 148 LETTER West_American Palo Alto, CA 94302 COMPANY B Hartford NAME AND ADDRESS OF INSURED - COMPANY Hallway Contracting Co., Inc: LETTER CITY OF CUPERTINO 1090 N. 11th Pdbuc WORKKs «PAN° D San Jose, CA MAY 2 51102 COMPANY E LETTER RFf.FIVFO This is to certify that policies of insurance,listed below have been Issued to the Insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be Issuedormay pertain,the insurance afforded by the policies described herein Is subject to all the terms,exclusions and conditions of such policies. Limits of Liability In Thousands(000) COMPANY TYPE OF INSURANCE POLICY NUMBER POLICY EACH LETTER EXPIRATION DATE OCCURRENCE AGGREGATE GENERAL LIABILITY ..��II,, 4 - - BODILY INJURY $ 1.,000, $ 1,000, •y��II,%_OMPREHENSIVE FORM $REMISES-OPERATIONS PROPERTY DAMAGE $ 100, $ 300, aLEXPLOSION AND COLLAPSE �,1 HAZARD XX g1y, , NDERGROUND HAZARD - *RODUCTS/COMPLETED ..,,LL��,�II OPERATIONS HAZARD BODILY INJURY.AND XDEI CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ m.BROAD FORM PROPERTY COMBINED �"��['i DAMAGE X xJ INDEPENDENT CONTRACTORS X on ••ONAL INJURY PERSONAL INJURY $ A XPW 13 68 02 10/15/84 _ - AUTOMOBILE LIABILITY BODILY INJURY ttpp��pp (EACHPERSON) �'YY, ® COMPREHENSIVE FORM BODILY INJURY $ 300, ©OWNED (EACH ACCIDENT) ® HIRED PROPERTY DAMAGE $IDD a ElI� BODILY INJURY AND NON-OWNED PROPERTY DAMAGE $ 1— YPW 13 68 02 1n/15/R4 COMBINED EXCESS LIABILITY - BODILY INJURY AND 0 UMBRELLA FORM PROPERTY DAMAGE $ $ 0 OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and B EMPLOYERS'LIABILITY 57 WB 804146 3/1/83 $ 100, . IetCHAeemENn OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Monte Vista Park, Project 79-53 **** IT IS HEREBY WARRANTED THAT IN THE EVENT OF ANY BLASTING, INSURED WILL NOTIFY THE CanceCltibrShoN�Eq' pfIB/�AgDgve esC I,edpolicies be cancelled before the.expiration date thereof, the issuing corn- panny JY'l�rid'e�41 td ma E �.- ays written notice to the below named certificate holder, b/i/jjifl/rk/(q5 m0'1MinitYcktYlPV1r1^i°90/7e199iNMHVOlNAtP0/Ki/tMpPMf9'7PSIN CERTIFICATE HOLDER IS HEREBY NAMED AS AN ADDITIONAL INSURED, THIS COVERAGE SHALL BE PRIMARY INSURANCEIAMEAND ADDRESS OFCERTIFICATE HOLDER: TO THE FULL LIMITS OF THE LIABILITY OF THIS POLICY, THE CITY OF CUPERTINO- INt7Ra APPLY ONLY TO ' IS JOB FOR THE CITY OF P,O,Box 580 - i Cupertino, CA CUPERTINO /S A '& Yare- - Care+Y HORIZED REPRESENTATIVE ACORO 25(1.79) 6 OFFICIAL SEAL 8 STATE OF CALIFORNIA, 1 • 2 . `�1 JULIE ANN WHITE S9 Santa Clara rss. 8 u r NOTARY PUBLIC-CALIFORNIA G Count} o}_..._.....__._.._.....�_._..—._ J • " SANTA CLARA COUNTY G On this _ 1`.± .day of— Mair __..-.....in the year one thousand nine My Commission Expires • rril 6, 1984 hundredand...eigh:t.y—t.TACO_..beforeme,__AIil.l-ie_Ann_..Whi.te. 74.9GYS47.^6x70-20•P.; c; t'irl l° ,b25)a' O'J0 a Notary Public, State of California, duly commissioned and sworn, personally appeared _ George.. Hn11...__.._._........._---------- known to me to be the.... Prasi dent_....—._..........—of the corporation described - in and that executed the within instrument,and also known to me to be the person............who ' executed the within instrument on behalf of the corporation therein named,and acknowledged ' to me that such corporation executed the same._......___.__— . n IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the....—...__.—_._.._ County of ..Snnta--_.CJsra.__.._....__._...the day and year in this certificate first above written. ., .._..-..__ .....___a_ Notary Public, State of California. My Commission Expires—Apr11_6, 1984...________ Cowd4 Form No.27—(Acknowledgment Corporation). - r trialmn—non n ooINTrn -mono STATE OF CALIFORNIA l Coulm on Santa Clara } ss: • On this...---`-'—'—'---Z9tY1 --------"'---day oL._"---"---Ma-Y--'-`_--._ , 1982._, before me I ___....— _Julie..Ann.._White ,a Notary Public,in and for the County and State • aforesaid,duly commissioned and sworn,personally appeared____Dennis J. Woodard known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney- in-Factof the Fidelity and Deposit Company of Maryland,and acknowledged to me that he sub- scribed the name of the Fidelity and Deposit Company of Maryland thereto and his own name as Attorney-in-Fact. $.9GX9COG.ULX9G(96X96`.(9&'(. G(9NDtg.90=1.9LX97 4 2 OFFICIAL SEAL �j' JULIE ANN WHITE _ ?:-Abia.......iJkoi.... U ` NOTARY PUBLIC-CALIFORNIA c8jNotaic m and for the Stale of California, SANTA CLARA-COUNTY Cf—.SaI1tJ6.._�IaT 3 2 My Commission Expires April 6, 1984 -- )0:70476Y.76),76)90.76):70.6):761.1"GT)6):7GY9G%RGT BR(16) 15 Bond No. 9579234 Z Premium: $3, 936 .00 CITY OF CUPERTINO PUNIC WORKS FAITHFUL PERFORMANCE BOND MAY 2b1982, - RGCSIVED KNOW ALL MEN BY THESE PRESENTS: THAT WE, HALL-WAY CONTRACTING CO. , INC. as Principal and FIDELITY & DEPOSIT COMPANY OF MARYLAND as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Three Hundred Twenty-Seven Thousand, Nine Hundred Seventy Dollars ($ 327)970.00 ) lawful money of the United States, for the payment of which will and truly to be made, we bind• ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated with the Obligee to do and perform the following work to-wit: Monta Vista Park, Project 79-53 • • • • 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 19th day of May , 1982 • (To be signed by Principal and Surety and acknowledgment.) HALL-WAY CO ' 'CTING CO. , INC. Pr'nc' Sr P LITY & DEPOSIT COMPANY OF MARYLANI •urety By: gb12-16)7"/U Att. -in-Fac;, Dennis J. Woodard The' above bond is accepted and approved this day of , 19_ Bond No. 9579234 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and . HALL-WAY CONTRACTING CO. , 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 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 FTDET,TTY & DEPOSIT COMPANY OF MARYLAND 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 about the per- formance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and all persons, companies or corporations lend- ing or hiring teams , implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of Three Hundred Twenty-Seven Thousand Nine Hundred Seventy and no/100 Dollars ($ 327,970.00 ) , THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors , heirs , executors , administrators , successors or assigns, shall fail to pay for any materials , provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Un- employment Insurance Act with respect to such work or labor, 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. MIGXJGl'J LT'J4VYVYVYt,YV4VYI,YVYVwcit kei (iSTATE OF CALIFORNIA, l r.. , Santa Clara OFFICIAL SEAL G cy Jr sr. : JULIE ANN WHITE County of— <"_ a. NOTARY PUBLIC-CALIFORNIA v 19th M 2 - • SANTA CLARA COUNTY On this.---....._._ ..day of —-. a—..y_.�_in the year one thousand nine hundred and...Eigh.'Ly=.tsYO-.before me,— •T1111@_� n__ • .nH'hi.te c� My Commission •i prig 6, 1984 a Notary Public, State of California, duly commissioned and sworn, personally appeared -.George_ Hall • " known to me to be the____P.resjclent-----.of the corporation described w 4,I " in and that executed the within instrument,and also known to me to be the person._.._....zaho • executed the within instrument on behalf of the corporation therein named,and acknowledged r . ' . . •, ' • ' to me that such corporation executed the same_ . IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal . in the._.—.—..___—__.—.__County of_._S2,naS—L.712S3--_..._..__._.the day and ` t ' year in this certificate first above written. • • Notary Public, State of California. My Com ion Expires.._ r on— April6L. 1984 Cwre�aFnm No.m7t—(Acknowledgment Corporation). _.- otai ran e,.onn STATE OF CALIFORNIA l ss: } COUNTY or_ _S.;�SI.ta....C.1.at ...._- 111 On this 19th--•--.._.___---day of. May T--_-_....-•----_-., 1982, before me ___-__-_•_____Julie_Ann__Whit e-___,-_-___.__.-__._.__-___,a Notary Public,in and far the County and State aforesaid, duly commissioned and sworn,personally appeared Dennis J. Woodard known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney- ' in-Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to me that he sub- scribed the name of the Fidelity and Deposit Company of Maryland thereto and his own name as Attorney-in-Fact. e G COGNOC19C(9CU'&OMM9C(9“9“9“9C19t i (,,),(Lk, t ) OFFICIAL SEAL g ?Lis a �• e � ia, -- --- �. JULIE ANN WHITE 2 Nic in and for the State of California, 1 - 4 NOTARY PUBLIC-CALIFORNIA SANTA CLARA COUNTY 9, Santa-Clara ___ My Commission Expires April 6, 1984 c BR(16) l5 "txYGaGMGA oa040:2G)•.,GAGAGMGraGa ` 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 19th day of May , 19 82 • HALL-WL / Ce RACTING CO. , INC . (To be signed by Principal and Surety G' and acknowledgment P inert / and notarial seal attached.) • IELITY &DEPOSIT COMPANY OF MARYLAND Surety• • • By:' _1_ :• Oft_ Attorn• .-in-Fact • D- • is J. Woodard The above bond is accepted and approved this day of 19_ • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE.MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and Co W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI,Section 2, of the By-Laws of said Com- pany, which reads as follows: SEC.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require, and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint Dennis J. Woodard of Campbell, California its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed:any and all bonds and undertakings ' nd the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Dennis J. Woodard, dated, March 30, 1977. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of April , A.D. 19 89 .40°"°;;X FIDELITY AND DEPOSIT COMPANY OF M+ LAND 9„SEAL g; ATTEST: .,. (A) 1C n c, Q-/�i t t,tQ. .u.f'V By Assistant Secretary Vice-President STATE OF MARYLAND l SS: CITY OF BALTIMORE J On this 17th day of April , A.D. 19 80before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified ,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the /day /and year first above written. p/+„,!,a' �••=7Zo.. -../ OlNOApti'9 '�" fi j1 4n.r04. �a;i�.... Notary Pu lic Comm sto xptres..-�.T?��:..�:.,...�:9.�2 CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 19th- — —.dayof May - - 1982 a LI428Ctf.-3M,1141 214234 —016-0819 Assis+ Secretary PIR VCITTR PPCITPCTTnNT T.OnIC FOR THE F&f) WATERMARK C 0115 3.5.2 • 28 . . ADDITIONAL PROVISIONS. IN WITNESS WHEREOF, the parties have executed this Contract, in • duplicate, the day and year first hereinabove written. CITY OF C ANO Approved as to fo m Mayoth_cx • City Attorne City Clerk:/epi • • CONTRACTOR: By: ./ aer i p tes Notary acknowledgement required. / If a corporation, corporate seal / C/ and corporate notary �1 { acknowledgement required. CJ Project Name and Number : Monta Vista Park, Project 79-53 • Contractor' s Name: The Hall-Way Contracting Co. , Inc. Contract Amount: Three Hundred Twenty-Seven Thousand, Nine Hundred Seventy and no/100 Dollars ($327 , 970 . 00 ) Purchase Order No. : aov ooa,ov • futvol . G— 9/0 - 7953 - 9S. /y fX"...:.. ::�: • /{eo - 7953 - o(fc. lLib 3470.06) • 3a7, 97O, 0D • Accoo rrs () A4A4t,r' U sa ni o l umc � � e scum Page 16 6