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83-040 L. J. Krzich Pipeline-Project No. 85-107; Vicks Pipeline Project No. 86-113 & 84-04; Hydro Tech Pipeline; James F. Carroll & Associates, Resolution No. 6439; Kier & Wright Project No. 88-109 • AGREEMENT cebet int-P$0,4% CITY OF CUPERTINO 11.000 rip P.O. Box 580 actor Cupertino, CA 95015 252-4505 NO. BY THIS AGREEMENT made and entered into on the 8th day of January 19 88 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) KIER & WRIGHT (2) Address 3350 Scott Blvd. , Bldg. 22 City Santa Clara, CA _Zip 95054 Phone (408) /27-6665 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR Shall provide or furnish the following specified services and/or materials: Professional Engineering Services for MISCELLANEOUS WATER MAIN REPLACEMENTS — PROJECT 88-109 EXHIBITS:The following attached exhibits hereby are made part of this Agreement: The proposal for "Miscellaneous Water Main Replacements — Project 88-109" TERMS The services and/or materials furnished under this Agreement shall commence on January 8, 1988 and shall be completed before April 1, 1988 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: $12,500.00 TWELVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the per- formance of this agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement.Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race,color, national origin,ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement.Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City.No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Travice Whitten DEPARTMENT Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOCITYOFCUPERTINO: / By President By TitleTitle Assistant City Engi eer Soc. Sec.// 94-2160466 APPROV LS Depar t , e.'. LDfe CC ,q4A i FN'L Q � White-City lark Copy Green-Finance Canary-Contractor's Cop Pink- ecelving Copy Goldenrod-Department Copy �u w, + §�$S/ - ' _ Citi of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 OFFICE'OF THE CITY CLERK November 26, 1984 James F. Carroll and Associates 210 No. Bayshore Blvd. • San Mateo, CA 94401 MISCELLANEOUS WATER MAIN REPLACEMENT PROJECT 1984-85 We are enclosing to you for your files and information one (1) copy of the Agreement by and between the City of Cupertino and James F. Carroll and Associates which has been fully executed by City Officials, along with one (1) certified copy of Resolution No. 6439, which was enacted by the City Council of the City of Cupertino, at their regular meeting of October 15, 1984. Sincer DORO CORNEL US CITY CLERK CITY OF CUPERTINO DC/so t encl. cc: Department of Public Works • • RESOLUTION NO. 6439 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT FOR ENGINEERING SERVICES WITH JAMES F. CARROLL AND ASSOCIATES; 1984-85 MISCELLANEOUS WATER LINE REPLACEMENT PROJECT WHEREAS, the City is desirous of engaging in the services ofa consultant to prepare the plans and specifications for the 1984-85 Miscellaneous Water Line-Replacement 2roject; and WHEREAS, the firm of James F. Carroll and Associates is qualified and willing to provide the necessary services; and WHEREAS, an agreement between the City of Cupertino and James F. Carroll and Associates outlining the terms and conditions of the required services, has been presented to the City Council; and said agreement 'having been approved by the Director of Public Works and the City Attorney; • • NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of • the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of October , 1984, by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Rogers, Sparks, Johnson • NOES: None ABSENT: None • ABSTAIN: None ' ATTEST: APPROVED:. ti /s/ Dorothy Cornelius /s/ Phil N. Johnson City Clerk Mayor, City of Cupertino '7 AGREEMENT This Agreement made and entered into this OT� day of oat) her 1984, by and between James F. Carroll & Associates, herein called "ENGINEER" and the City of Cupertino, a municipal corporation of the State of California, herein called "CITY." WITNESSETH WHEREAS, City desires to contract for certain civil engineering work to include, but not limited to, complete plans, specifications, and cost estimates for Miscellaneous Water Main Replacement Project; and WHEREAS, Engineer is willing and qualified to do said engineering work; Now, Therefore, in consideration of the mutual promises, covenants, and agreements herein set forth the parties do hereby agree as follows: A. DUTIES OF ENGINEER: 1. Provide current 3/4 tone scale aerial base sheets on which the following is entered: a) All existing utilities and services b) Street rights-of-way lines c) Current property lines and street addresses d) Standard and appropriate engineering notations, details, and notes e) All proposed work including but not limited to pipes, fittings, services, fire hydrants, street paving and appurtenances. f) All work is to be drafted in accordance with City Standards. 2. Provide preliminary plans for review by City staff and utility companies. 3. Provide final working drawings on all work. 4. Provide special provisions and a proposal on the work conforming to City format.- - Page 1 . 6. Meet and confer with City staff to confirm accurate and complete drawings. 7. Provide an Engineers estimate on the work. B. DUTIES OF CITY: 1. Provide to Engineer all information available in City records. 2. Review preliminary Plans, Specifications, estimates, etc. 3. Provide field markings of all existing city waterlines and services. 4. Make all necessary provisions for Engineer to enter upon public and private property as required in the performance of his services under this agreement. C. COMPENSATION: 1. Fee: For and in consideration of the professional services to be provided • by Engineer hereunder, City agrees to pay Engineer, and Engineer agrees to accept from City as full compensation for said services the following amounts: a) Basic Fee: The fee for work set forth in Article A.1, A.2, A.3, A.4, LTA A.6, and A.7 shall be Thirteen Thousand Dollars ($13,000.00) G b) Representation and Additional Services: The fee for work which is not specific in Article A. , shall be determined by multiplying the number of hours expended, for any such work required by City , by the hourly rates of the Charge Rate Schedule, Exhibit A. Engineer shall perform additional services upon receiving a written request therefor from City's Director of Public Works. Additional work requiring the services, will be reimbursed at the rate of 1.10 times the direct cost. 2. Payment of Fee: The fee shall be as follows: At the end of each month during the term of this agreement Engineer shall prepare a bill showing the work performed for the month for which Page 2 • • the bill is submitted. City shall, within thirty (30) days after submission of said bill, pay the sum indicated thereon if it finds the bill is correct and if the services described therein have been performed pursuant to the terms of this agreement. The City shall retain ten percent (10%) of the fee until the work is completed to the satisfaction of the City Engineer. D. MISCELLANEOUS PROVISIONS: 1. Assignment of Engineer's Duties: Engineer shall not assign any rights or duties under this Agreement to a third party without the prior written consent of City. 2. Engineer Independent Contractor: It is understood by and between the parties hereto that Engineer, in the performance of this Agreement, shall act as, and be, an independent con- tractor and not an agent or employee of City. 3. Worker's Compensation Insurance: Engineer shall obtain and keep in full force and effect, compensation insurance necessary in connection with the performance of this Agreement to protect itself and its employees under the Worker's Compensation Insurance and Safety Act. 4. Time of Completion: The parties hereto agree to immediately and diligently proceed with their respective duties as set forth herein to the end that the project will be completed satisfactorily within the shortest reasonable time. The Engineer shall comply with the time limits outlined in his proposal. Engineer will be granted time extensions for performance in the event that time schedules cannot be met for delays beyond his reasonable control, including but not limited to delays in performance by reason of strikes, lockouts, accidents, acts of God or delays caused by failure of City to furnish information or to approve or disapprove Engineer's work promptly. Page 3 5. Engineer's Responsibility: Engineer is employed herein to render a ,professional service only and any payments made to him are compensation solely for such services as he may render and recommendations he may make in the design of the project. Engineer makes no warranty, either expressed or implied, as to its findings, recommendations, specifications or professional advice other than they were promulgated after following a practice usual to Engineering Profession. 6. Estimates of Cost: Since Engineer has no control over the cost of labor, materials or equipment, or over the contractor(s) ' methods of determining prices, or over competitive bidding or market conditions, his construction costs are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary. E. SCOPE OF AGREEMENT: This writing constitutes the entire Agreement between the parties relative to engineering services for the project, and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Agreement. The following Exhibits are incorporated herein by this reference: L. Exhibit A - Engineer's Fee Schedule 2. Exhibit B - City Request for Proposals 3. Exhibit C - Engineer's Proposal October 2, 1984 Page 4 • • IN WITNESS WHEREOF, City has executed this Agreement by authority contained in • Resolution 6439 of said City of Cupertino, dated the 15th day of October , 1984. "CITY" City of Cupertino a Municipal Corporation • >/•• , ..... ATTEST: /de CLERK OF THE 7T1 OF CUPERTINO James F. Carroll & Associates /f �' ` , ti, // ' 'resident APPROVED AS TO FORM: • j _Al CITY ATTO• EY , • CAT.NO. NN00737 702,945 CA h-83,_ J TICOR TITLE INSURANCE (Corporation) STATE OF CALIF•RNIA COUNTY OF�j� . J - f On L(�. Q i before, he undersigned, a Notary Public in and for ak said State,personally appeared \14'r+ 44..) 7.=_ personally known to me or proved to me on the basis d of satisfactory evidence to be the person who executed CC u the within instrument as the • x President,and -. _ b.,...;j personally known to me or I. proved to me on the basis of satisfactory evidence to be rr��+ %. f'�'i3''nC}SS , R.,;,GatriEt2CB6ttd . o the person who executed [he within instrument as the �5-i, ta x'P NOTARY F(NS.IC-G111f-0r7{�i 1 Secretary of the Corporation - PiiGdCi F'faL OFFICE IN ga,}�R+,ATEp COUNTY L@ ii WI that executed the within instrument and acknowledged 'G' to me that such corporation executed the within instru- Ey Cor n anion Expires Nov.20,1987 ment pursuant to its by-laws or a resolution of its _ board of directors. WITNESS my hon a d ofsealvA SignaturedJ /t . (This area for official notarial scaly EXHIBIT "B" 1of 2 REQUEST FOR PROPOSALS CITY OF CUPERTINO WATER UTILITY The City is requesting proposals for the preparation of Plans and Specifications for the Annual Miscellaneous Water Line Replacement Contract. Scope of Work: a) The location and extent of work is depicted on Exhibit "A". b) The engineer shall use a current 3/4 tone 1"=30' scale aerial photograph of the streets involved. No profiles are required. c) The engineer shall delineate on the Plans the following: 1. All existing gas, storm, electric, telephone, cable TV water lines and water meters. 2. The street addresses and County Assessor's office property line(s) (first 20' from street right-of-way lines) . 3. All new lines, fire hydrants, valves, water services, and water meter locations and miscellaneous street work. 4. A cover sheet with the standard City notes and details. d) Special and technical specifications are also to be provided. Please note all work shall be completed prior to November 1, 1984. If there are any questions, contact Mr. Bruce Donoghue at 252-4505. 1 ' ••••• . .%414•!!..../',41,..N ..: ■ = •. 1 . ,1.:. rflt i=„ • 4 �j •e !I1i r,,• I� 1 ♦ r.•, .\ �♦ * ►_4 �,�_ ' •:� Wil. tt�*,Cy t � y• I •') _ � '574... • \ � •—� Elie � \^ FValnar •tT 2)4 1. ,. s IrS lig i � '�■. ) ' ♦ 1��9 ♦ in. _ rina•iuirs ;441;t r Nr ,•?IL 3I ria . t., C ii ,C•• ♦ • ♦ ,. •^'.�i�rS r.. I • �-� .._ ,(K•IaA,• .... w • ♦ 4• 4;# . ♦♦ ♦ etttI 1 %m. ..:.ccwvnnln. ' G,Tr= - I•' ' naw u., a. . •• . • d I 1P...3 s `1� '�Y .f3 r ei) . `r .;. •c.C, i«..'.a: ♦.. ♦•O ♦♦♦• . SII •1111'ii11 m�1111L.91�117t� it,„ . , iiM1n p•`, : �• s ! , ! i i f�♦.. e. = _ '-_. ' --■07/1171 �4, '41: 1 Allill►' - \• • _ ::, •iz ,1• ! IR..,j-1by I \. c�JRRRIS♦J■C,YS� 1 7 . ,. /^ r 4yh4G . ��yl:{'tl;.t ��/11\� J e . !di • Y . •/ 4111 n :II .' i • ` •.a. I 11;11;1/14 ,R 1°•1‘2.. 1401) wt W • i�~�I � 'I/. :.., I ,, +•amu+ r•f:1� r.;iah I, .0 �.. , „L'i.. .1 :I(r; "I • •'• ....• !t* :::, 1 itstik u•'• •Jn (.• •-ti. Ms , MI i i `c,. .' ;� ii . ' s. :�Q_ett ilk % '... ` 'I ma '10r Mr �.w.dwl>I t `• Li.. tl I fl+ C©J . i . atoN. v..../ 11•.�a W.`., -,1-• I r•'.:i 1d "tu , !�• I: • [ 1j 4 4 :'� r` • : —J we," rA 1 • I= 1 r;4111704,411-11 " ' . r:j . t. :J.•, milt. ■ SII ti I I. /II. 4-41 .••• •1. ty1 W . 'A , Imo. • `.'>��� '� s :S iJPt'! '__ ,..,,.. , ,is;i: :4:SgFai,L96 .'2: \\_08 d L. J �i I "' ��,40 n� i �ili�il Is r' trig ��D Heapp 00 ,..,• ` i 'ins' sr.'I+1 i V" ! • '. '�'.'+e: ' ' �..ll • {1 '�R"7j ‘Ir `} r��• o r ' � � r. '.. •`1t "�'.�a"S1y3j{ 613 i, • • v val �: ial�I I �m��la7�■ .G7�9it'1.s ilt�. �71i!�1 ,= :oils+! � ' �l' "-' Will .,l lig 1 111 ":" '"� • ® ' 1N111! 1. 900'+ - 6" WATER LINE 2. 600'+ - 6" WATER LINE 3. • 500'+ - 6" WATER LINE 4. 900'+ - 6" WATER LINE 5. REPLACE WATER SERVICES 6. 300' - 6" WATER LINE 7, 300' - 6" WATER LINE • i • 1. I 4 • EXHIBIT "C" • • Consulting Civil Engineers & Surveyors • JAMES F. CARROLL & ASSOCIATES ": IT,_' r•nf:.n l isle: "••t•c-t::1r : . 11:1331 • • l'tl , •I' Cupertino In ;nn T•-i i .' Menu.' Coperl.ino. CA 950111 At.i.onl ion: Mr. Berl. .1. ;ick::. 1••h Director of Public u„rkr: lu ' - sp,.,ice i•. .,•, :r i ,'ques1 : -'1a.,anb.'r -I'1aq. e,., t1 ., pl.'ar:r,1 1 .. ::nhmil the I••.Ij.cuuin$ pc^P<<r:al rue Lh.• pr•:2par'aiicm ,•1' 1'1.1.c: arol I'•-i• the Annual Mit:.•etlaneous ;rater Line Repia':etnenl. Contract.. For • lnril•i•:.tt.ie,n or•' ha-;e, nl ta•-hed :r our scope of work outline and Exhibit "A" ;Loral ion and E:;t•inl. r4' •''ur pr•oposaL includes Pec-Idirr; :urroi,I. , 11 f. no 1" 11r sc•Ile Aerial t'h •toraphs or the ::trecas in':.:l'.ed as bar,. sheets Iii _w r' desi•,•n. This work will be done Agro ( eodetic Corporation •;f Santa Clara. „u - drawin..:' rill be plan only and will include all nxi:-tinS- utllit,y and surface improvements as well as proposed water line connections and appurtenances. The plans will ho drawn on m"ur sheets with an additional corer sheet showiti standard e•it.,; notes and details. A .separate set of special and technical specifications will be pro-:ided as part or our work. We anticipate fifteen to "iihteen working do:. t.o complel -: this work for a Fee or $13,000. includinf; aerial mappins;. requested in ;four PFP hrt''e in•:luded .I .e-p of •fur :,.mpany brochure which outlines our firms experience and rnlated capabilities. ,:o intently ha . .." a staff of thirty-six engineers, sur .-e;nr•s and clerical personnel located r in our ut• San Mateo arid Dublin offices. Resumes of ke:; personnel in-..Jived with this project are also attached. To amplify- our related experience. I would like to mention Ihat we 3I•" presently working on projects involving design or water mains and appurt.enanrv'r. throughout the Bay Area, including: Cupertino, Foster Cil:;. Fremont.. rampl:•all and f:an Mateo our current involvement with the Cupertino Cit„ Ginter Project has provided first--hand experience in the desi.1,n of rater Facilities in this area. Thank you for this opportunity to work with the Cit:,' of Cupertino. TI' you hive any questions, please don't hesitate to ct:•ntac1 this ()Men. Very truly :;ours, to nn C. 3et•r,y J('B ne ' 310 N. Bayshore Boulevard San Marco,CA 94401 (415) 348-3280 Consulting Civil Engineers & Surveyors JAMES F. CARROLL & ASSOCIATES Re L39 Exhibit 'D' January 1 , 1984 CITY OF CUPERTINO EXHIBIT "A" STANDARD FEE SCHEDULE TIME AND MATERIAL CONTRACTS Compensation of James F. Carroll & Associates for work performed on a time and material basis will be at the sum of the following items: 1. Personal Services Principal $ 65.00 per hour Project Engineer - 50.00 per hour Senior Engineer 45.00 per hour Planner 45.00 per hour Project Designer 42.00 per hour. Draftsman 38.00 per hour Clerical 22.00 per hour 3-Man Field Party 155.00 per hour 2-Man Field Party 119.00 per hour Computer (Electronic) 42.00 per hour Rates for Consultation in Connection with Litigation and Appearance before Courts and/or Commissions 100.00 per hour (4 hrs. minimum) 2. Transportation and Travel 30 cents per mile plus reimbursement for travel and subsistence expenses at cost plus 10%. 1407 East Third Avenue San Mateo, CA 94401 (415) 348- 28o ON of Cupertino • 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK November 16, 1983 Hydro Tech Pipeline Attention: Dan LaBare 442 Park Avenue San Jose, CA 95110 1983-84 MISCELLANEOUS WATER MAIN REPLACEMENT PHASE B - PROJECT 84-04 • Dear Mr. LaBare: We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Hydro Tech Pipeline along with your bid bond. Sincerely, DOROTHY CORN ELIUS . CITY CLERK • CITY OF CUPERTINO DC/so encl. cc: Department of Public Works CONTRACT FOR PUBLIC WORKS CONTRACT made on October 17,,_, 1381 by the CITY OF -M CUFERTINO,' a municipal corporation of the State of California, hereinafter called the CITY, and HYDRO TECH PIPELINE, hereinafter called the CONTRACTOR. IT IS HEREBY AGREED by the parties as follows: • 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: • A. Plans and Specifications for 1983-84 Miscellaneous Water Line Replacement, Project 84-04, Phase B B. Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate C. This Contract D. Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail . 2. THE WORK. The Contractor agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of 1983-84 Miscellaneous Water Main Replacement, Project 84-04, Phase B, as called for, and in the manner designated in, and in strict conformity with, the Plans and Page 1 y A Specifications prepared by: Mr. Bert J. Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, 1983-84 Miscellaneous Water Line Replacement, Project 84-04, Phase B, and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J. Viskovich, Director of Public Works. 3. CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of: NINETY-FOUR THOUSAND SIX HUNDRED THREE AND NO/100 DOLLARS ($94.603.00) subject to additions and deductions as provided in the Contract Documents. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the 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 Americal Arbitration Association if the parties are-unable to 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall , at his expense, obtain all necessary permits and licenses, easements, etc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. • 6. ' INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by .the latter. Should any such work be covered up - without such notice, approval , or consent, it must, if required by the City, be uncovered for examination at the Contractor's expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any Pace 2 time during the progress of the work require any alterations, deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, add the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation,. which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. S. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or ' in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: Within thirty (30) working 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, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the oContractor' s control , or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. Page 3 • 11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall notify the City a sufficient time in advance of the manufacture .or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Contractor. • 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors • should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall , upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and 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 Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination 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 this Contract shall be in writing, and shall ,be dated and signed either by the party giving such notice, or by 'a duly authorized representative of such party. Any such notice shall not be effective for any propose 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: 442 Park Avenue, San Jose, CA 95110 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless the City agrees in writing to some other material , process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (1007.) of the contract price as security for the faithful performance of this Contract. The Contractor shall also furnish a separate 'surety bond in an amount at least equal to one hundred percent ( 1007.) of the contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney's fee to be fired 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 Page 5 City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19. hereof . Any policy of insurance required of the Contractor under this Contract shall also contain an endorsement providing that thirty (30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability insurance for all of his employees employed at the site of the project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor. makes the following certification, required by Section 1861 of the Labor Code: " I am aware of the provisions of Section. 3700 of the Labor Code which require every employer to be insured against liability for worker' s compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. " ` (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also 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, 000.00. The City and its officers and employees, shall be Page 6 namea as additional insureds on any such policies of insurance, 'which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that 'if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 19. HOLD HARMLESS. The Contractor will save, keep, and hold harmless the City and all officers, employees, and agents thereof from all damages, costs, or expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement 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 rorty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, work performed by employees of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the . Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during . which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. 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 employed by him in connection with the work contemplated by this Contract, which record shall be open at all reasonable hours to the inspection of the City of its officers or agents and to the Division of Labor Law Enforcement of the Deparmtne of Industrial Relations of the State of California. Page 7 • 21. WAGE RATES. Pursuant to the Labor Code of the State of 'California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is 'to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. 1770. (a) Each Contractor and subcontractor, shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made. available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of • Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten (10) days after receipt of a written request. (d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to 'prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. Page 8 • • (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall , within five working days, provide a notice of a change of location and address. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such . ten (10) day period, the Contractor shall , as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeith twenty-five dollars ($25.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding .the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. • (h) The director shall adopt rules consistent with the California Public Records Act, (Ch. 3.5 (commencing with Section 6250) of Div. 7, Title 1 . Gov. Ch. ) and the Information Practices Act of 1977, (Title 1 .8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. 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 performing any of the work under the contract or subcontract, employs workmen in any apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards • Page 9 • CST abed • ao '�_o�_i fo oTgeJ e spaaJxa zaan Lions uT buTufeJ; of sant}uaadde to aagwnu ay; }uana ay; uT (q) Jo '}UaDJad gT fo aberane ue spaaJxa eaJe Limns uT potJad yqucw eaay; snoTAaJd ay; Jof quawAojdwaun }Uana ay; uT (a) qaw are suoT;Tpuon bUTMOTi0f ay; fo auo f.ue ;eq; spuff ?t uagM not;Jas sfu4 uT y}a0} ;as atlea S-o}-T ay; wolf aogmeaquoo e but;dwa::a 'dfusaJf;uaaddt fo Jo}eaasTufwpb ay; }o ienoadde ay; a; q-Dacgns aq flags gDtgM •aieotft;aao e ;UWJ6 04 uot4aJcstp ay; anEy TTeys ae;;twwaJ dfysamiqueadde ;.uto{ awl • it0uno3 dTgsamTquaaddy ay; Aq pagt.Jsaad suot;ernbaa puz saint y}tM aJuepacJJe u: not}edn»o aTgeaDf;uaadde ue se pautw Ja;ap apex; Jo 4fEJJ a ueaw flays 'UOf1Jas sty; uT pasn se „ 'apex} Jo }term aTgeact;uaJddd„ .snap buTmaoM ( ) aATf. uey; JaMaf Jo (oo•000'zg) saeTiop puesnoq; ora} Uew} ssai butnTonut 'JO}JEJqu0J awtad JO Teaaua5 e gbnoay; JiJOM Jof butpptq ;ou saO;JeaquoJ A;Tetrads to s}0EJ}uoD a; Jc sAep buT)jJOM (ob) AquaM; Jo (oo•000 'ocs) puesnogg A}Jfyf uey} ssai butnTonut sJo;ceJ;uoD ieaauab to s}Je.;uon o} ATdde you Heys uof;Jas styl •uof;Jas sty} uT w}J0f gas se of}ea c-oa-T ay; JO . J01JeJ}UO3 ay; buf}dwaxa a}EJt}f}Jac e 4.UWJS Aew spJzpue;s dfysaot}UaJddy fo uOTstATQ ay; 'UawAauJnoI aATf Linea a; aJTquaadde auo ueyq ssai 40U fo a6eaane TenuuE UP Uo ;Ja;UOJ sfy; 3-0 Tie ue a}e}s aq4 uT aper; JO ;fern Lions of sanTquaJdde sAoTdwa ay ;eq; ao7}Jea;uo3 ay; Aq butMoys aadoad uodn •sp.epue}s dTysaDt}uaadde ay; uT pa;eTndTgs uawAauanof o; samTquaadde fo OT}ea ay} JO saDTquaadde fo Jagwnu ay; Aoidwa TTeys 'aper} Jo 44EJJ Limns of panoadde ATsnoTAaad uaaq say ay fT Jo 'a}entff}Jar TEAOJdde ay} 40 anuensst ay; uodn 'uof;Jas sty} Aq paJanoD sT ay fT 'Jo;Jen}uoDgns JO aO;mealuoJ ayl •uoTlmas sty; uT papTAcad asTMJaygo se ;daDxa 'uawAaurnof aATf Linea Jof ant}uaadde auo ueq; ssai aq of}eJ au} TTeys ase OU UT ;nq se;eaado rag;twwoc dtysaJf;uaadde ;ufol ay; yDTyM Japun spaepue;s dfysanf;uaadde ay; uT paleTndf}s 0T;ea ay; eq Aew )f.OM JtTgnd ay; uo aper; JO 4+PJJ ay; of paAoidwe eq TTeys o4M uewfauanor a; sant}uaaddr 40 °flea 2Vj •spaEpue}s dTysamTquaJdde Tempi ay} Aq pa-lawn ApeaJTe are Aay; papTAoad see;;twwoJ dtgse t;uaadde gutof Tempi a; TeAoadde JOf suoTgeDtTdde TenpTATpUT }fwgns o; pe.fnbaJ eq you TTPys sam.maA7Uongns Jo sJo1JealuO3 •saf.tJoutw pue uawoM JO+ dfysaJf}usadde uT UOTlme aAT;ewatfae pun ;uawAoTdwa Tenba aansue a; mJOM JtTgnd ay} fo rats ay; 40 earn ay} uT apea; Jo 1fEJJ ay} fo spaepuW}s dfysanfluaadde ay; butaa;sTutwpe sae;; twwoD Jo 0044TWWOJ dt4saDt3Ueadde 4Ufoi ay; uodn f.}np anfnewJtf}e UP eq TTeys e.2141 •Uof;Jas sfyf y41M ATdwoD 0} Jap-to uT Jo'}Jeaquongns Jo ao;ne.;uo3 ay} a; sant;uaadde 40 yc;.edstp ay? Jof ebue..e TTeys 'Jo}Je.;.uoDgns Jo Jo}JPJquoD }Jecgns ay} buTAoadde c4 ;uanbasgns 'saag;TwwoJ Jo dfysaJfq.uaadde qufoV awl •dTgsanf}uaaddt+ fo Jo;ea;sTuTwpy ay} 40 TeAOJdde ay; o; ;margns ac TTeys saa;;TwwoJ JO ee;;twwoD dfyserf}uaadde qutol ay; Aq paystTge;se se Teno-dde au; ;Py} 'JanaMoy 'papTAoad ;pa;Jaffe Aalsnpuf JO eaae aye uT_ sdfysanf;ueadde +e butufe.; puE }UewAojdwa ay; Jof spaepuz}s dtgse t;uaadde ay; Japun ao}Jen;uongns Jo JO4DPJ4UO3 ay; 6uTAcadde a;anTfTgaaD e Jof :{JOM JtTgnd au} JO a}Ts ay} fo eaJe ay; uT apea4 JO 44WJJ au; fo • (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 When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or any subcontractor under him, who, in performing any of the work, under the contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contributing, shall contribute to the fund 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 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 apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by Stat. 1976, Ch. 1179) Page 11 aT abed Tie }E pasToJaxa aq Treys uoT}neoaJd 'WOI±NEA3dd 1h13QI33V }uewhoTdwa Lions f0 aouenuT}uoo aua buTJnp pue pa}naffs uos.ed 2144 fo }uawhoTdwa TeT}Tui ay} f0 awn} ay} wolf uot}edno3o Jo apEJ} Limns Jof wnwTuTw a se a-mercTdde eq Treys pagsTuinf snu} a}eJ wnwTuTw au1 •uoaJeq; paseq eaeJ wnwTuTw ay} y}TM Jo}3eJ}uOJ au}. usTuJnf Treys pue uoT}edn33o J o apeJ} TeucT}Tppe Lions JOf al.eJ buTTTenaJd ai;} auTwJa}ap J a}z-e8Jau} AT}dwoJd TTTM oqm 'A}Tal aya A+T}ou hra}eTpawwT Ileus J o}3eJ}uoo ay} 'paTft3ads uTaJay sT a}eJ ateM wumwTuTw ou gDTgM Jul (Lions se ssaxJOM Tenuew-ucu Jay70 JO ' TepTJaTJ 'aAT}eu;sTuTwpe 'f.JosTnJadns 'sanT}nmaxa }da3xa) uoT}edn33o Jo apeJ} a uT uosJad hue '}3eJ}uoo sly} Japun }oa{oJd ay} uo hoTdwa o} Jo}3eJ}uoogns hue JO Jo}oeJ}uo3 egg Jo} hJessamau sewomaq }T ase3 uI -appal Jolter au} }o cLLT u0T}3as +O suoTsTnoJd Tie LigTm hidwom 0} saaJbe J0}3eJ}u03 pue swtq Japun Jo}3eJ}uoDgns hue Aq JO wTu hq }3eJ}uo3 sty} Japun auop jJOM spun Jo}3eJ}uooans hue /q Jo wry Aq }3eJ}uo3 sTu} Japun auop yJOM hue Jas sa}eJ buTTTenaJd pa}eTndT}s ay} }eq} ssaT pied 3Tueuraw Jo 'uew>fuo 'JaJogWT gmea Jof 'f0aJay} uoT}Jod Jo'hep Jepuare3 Li3ea J04" (00-gas) SJETT0p ani}-h}uaM} }Ta3Jpf 'h}Tal egg o} A}Teuad e se ^ TIegs J0}32J}uo3 au} }eq} pa}eTndT}s hTsseadxe Jay}Jns. =T }T '4meJ4UO3 egg f0 uoT}moxa au} uT pahoTdwa s3Tueq ew pue 'uew.)JOM 'sJaJOgCT tie o} sa}GJ paTjT3ads pies ay} uey} ssaT }ou hed 03 'wry Japun JO}3eJ}uopgns hue uodn pue 'Jo}3eJ}uo3 ay} uodn /Jo}epuew eq iTeys 1.1 (61i3T -ual .'s/6T •s}e}s AP papuawti) - TTouno3 dTysa3T}uauddta eTuJO4TTE9 ay} f0 saJnpeJoJd pue saTnJ ay} Li}TM eDuepJ000e uT eq Treys L'LLLT pue c'LLLT suOT}pas fo }uawa3Jo}ue pue uoT}e}aJdJa}uz a41 •a}e}s ay} uEy} Jau}o h}T}ua up sT hpoq SuTpJeMe Limns fT hpoq buTpJEM2 uE f0 punt }uaTeATnbe ay} uT Jo 'h}T}ua a}e}s E sT hpoq SuTpJeMe ay} fT pun} TeJaua5 ay} LIT par}Tsodep aq /legs uoT}pas sly} 07 }uens.nd Apoq SuTpJeMe aLi} Aq prayy}TM spun} huy (D) - 1Tpuno2 dTysa3T}uaJddt+ ecuJo}TIe3 947 hq pagTJ3saJd sainpaoo.d pue saTnJ aTgeuosea_ y}TM aouep.omme uT foaJay} a3T}ou argeuoseeJ pus 'buTJeaq TeT}JedwT pue JTef e 'uoT}e5T}sanuT Tins e Ja}fE panssT aq /legs uoT}euTwJa}ap Lions hutr (p) -wns Lions amp awomaq 0} JO amp uag} s}uawf.2d ssauboud }3eJ}uoo wOJ+ p1ou44TM iTeys Apoq SuTpJeMe ay} uoT}euTWJa}ap e uDns }0 4dTa3au uodn 'Lt,// uoT}pas fo suoTsTnoJd ay} buTpue}sggTmqqoN -atuetrdwo3uou so fep JepuaTe3 y32a JOf (0O'pcg$) sJETIop h44-T4 f0 wns eq} uT h}Teuad TTAT3 e Sc }Ta}--10d (Z) pue tdTgsapT}uaJddta fO Jo}eJ}sTuTwpy 244 hq apew sT apueTrdwo3uou f0 uoT}euTwJa}ao ay} a}Ep ay} WOJ+ Jeah auo fo potJad e JOf }3eJ}u03 S)JJOM 3TTgnd hue uo pTq o} }u0TJ ay} paTuap as (I) ! TT2ys Jp}3EJ}u03 yens 'c-LLL/ uOT}pas +0 suoTsTnoJd ay} 4;tM ATdwo3 og sire+ hTTn4TTTM Jo}3eJ}uo3 a }uana ay} ur (E) L-/LLT • • times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or .eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the industrial Accident Commission of the State of California. 23. 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 hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of completion. In event of the failure of the City' s representative to furnish and deliver said certificates or any of them or in lieu thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City's representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the workdone up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval maybe required by law. 24. PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal , relocation, or protection of existing public utilities, if any, located on the site of construction, but only. if such public utilities are not identified by the City in the Plans and Page 13 Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquididated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. ` The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall , if the insurance premium is a separate bid item, obtain the insurance to indemnify the City for any damage to the work caused by an. Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or _ about the same during its construction and before acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work,materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the date of acceptance of completion of this Contract by the City, the Contractor will forthwith remedy such defects without cost to the City. Page 14 • 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/I00 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 his sureties shall be liable to the City any excess. 28. . ADDITIONAL PROVISIONS. None • P.O. No IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTITINO Approved as to form ► 5;_ 14-21s -�- May9LI City A arty City ler Date/City Clerk: f/ - /o-t} CONTRACTOR: By: Notary acknowledgement required. If a corporation, corporate seal and corporate notary acknowledgement required. Project Name and Number: 1983-84 Miscellaneous Water Main Replacement, Project 84-04, Phase B Contractors Name: Hydro Tech Pipeline Contract Amount: Ninety-Four Thousand Six Hundred Three and no/100 Dollars ($94,603.00) Contract Account Number: 110-8404-953 Page 15 • STATE OF CALIFORNIA ) ss. COUNTY OF 'SANTA CLARA) • On this day of Rah day of k-/-)0(0,11-,p �a � v EY�R in the year of / 3 , before Ime �, ¢,�n� C Q QC�nI ¢.cc, \L.t / personally appeared ti L n •M-'tel» I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. • WITNESS my hand and official seal. 01.9“90Hato OCOWvMWV5LXSGOw`04t (�/� /� n_ Xs OFFICIAL SEAL fr A 1,l An•a l o S/ Q/y_i ,on , /Y L LAURA ELLEN BASSNEY (a N6tary Public in and for the County NOTARY PUBLIC•CALIFORNIA _ D SANTA CLARA COUNTY of Santa Clara, State of California My Commission Expires Dec. 23, 1983 Zhu a ny-n om act. CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On this day of day of in the year of , before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 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. • • Notary Public in and for the County of Santa Clara, State of California • 6/29/82 • • • PROPOSAL 1983-84 MISCELLANEOUS WATER MAIN REPLACEMENT PROJECT, PROJECT 84-04 PHASE A, B, & C TO: The Director of Public Works, City of Cupertino, State of California: Dear Sir: In compliance with the Plans and Specifications furnished for the 1983-84 Miscellaneous Water Main Replacement Project, Project 84-04 Phase A,B, & C. I, the undersigned, hereby declare that I have read the proposal requirements and hereby propose to do all work required to complete the said work in accordance with the Plans and Specifications for the amounts set forth herein on the incorporated schedule. The work involved shall include, but not be limited to: install 6", 8"and 10" water mains, house water services, fire hydrants including all necessary appurtenances. A bid bond in the amount of 10% is required. Award shall be to the lowest qualified bidder; however, the City Council reserves the right to reject any or all bids. The City reserves the rights to award the contract to individual contractors on a Phase "A" or Phase "B" or Phase "C" basis. In addition, the City reserves the right to award Alternate 1, which merges the individual phase into one large project. The minimum bid the City will accept is a bid on one Phase (A or B or C). • BID EST. QTY ITEM UNIT DESCRIPTION UNIT PRICE EXTENSION PHASE A SHEEP C-2-TOP STEVENS CREEK BLVD. A-1 508 L.F. 8" Ductile Iron• Pipe Watermain $ 39 L.F. $ /913/2 /Wien/ -,Vi&JE Dollars/L.F. ./ aft A-2 L.S. Lower Existing Tie-in Main $ 4 L.S. $ 4 5eo ,Co.cry- /--.i E N/e-' '/J/r.6-4 - Dollars/L.S. a-3 L.S. Relocate Water Meters S ga/L.S. $ Aie0 Dollars/L.S. A-4 1 Fire Hydrant Assembly 47jS6j-- ea $ ea?) nelei Dollars/ea • PROPOSAL 1/9 PROPOSAL • BID EST. QTY ITEM UNIT DESCRIPTION UNIT PRICE EXTENSION SHEET C-2-BOTTOM HERMOSA AVE. A-5 805 L.F. 6" Class 200 A.C.P. Water Main $ L.P. $ L!Jl 7 !H/il�L, -%i✓S' Dollars/L.F. A-6 11 Standard House Water Service (short •• side) $ 375--ea $ ✓v U/ YWI /41,4,4024- Dollars/ea L',-'onDollars/ea A-7 10 Standard House Water Service (long $ 9A5- ea $ '/7/X/ side) Dollars/ea ,• A-8 1 Fire Hydrant Assembly S �, qq /��) ea SLLL'b PYfly /741-a30-.cjg Dollars/ea a A-9 20 Remove existing Meter Boxes and replace $ CQe ea $ / with new S` 1-, PHASE A TOTAL $ 64//gd,Z Dollars/ea o �L PHASE B SHEET C-3 TOP SAN FERNANDO AVE. B-1 630 L.F. 6" A.C.P. Water Main $ 70 L.F. $ /Z edii • �ll/E�t/r'u Dollars/L.F. 00 P 8-2 8 Standard House Water Service (short $ ZW' ea $ 2,26o-- side) 7200 A/z/.ci0/Z�.O 7iStirp C'r6 Dollars/ea B-3 1 Fire Hydrant Assembly s 7,Q ea $ Z�� raiz, �i/ovt/J✓/J Dollars/ea Standard House Water Service (long n B-4 5 side) $ 3(�J' ea $ i%/5tEE 4.-/,,Y2/227,2 Dollars/ea PROPOSAL 2/9 PROPOSAL BID EST. QTY ITEM UNIT DESCRIPTION UNIT PRICE EXTENSION SHEET C-3-BOTTOM SAN FERNANDO AVE. AA�� B-5 760 L.F. 6" A.C.P. Water Main $ (�/ L.F. $ /9/QQ'O. 77r1EAary -.F.dE Dollars/L.F. .c B-6 148 L.F. 6' A.C.P. Water Main $ Tk/E.V�y_ GO� Dollars/L.F. - q�/G B-7 10 Standard House Water Service (short $' G/% --ea $ 77e0 side) flro flu.A,O.wGV Sxvi.in -,c•re Dollars/ea � n a B-8 11 Standard House Water Service (long $ 5err ea $ side) Tll/ g .61ucas22 rzvZU..ry_v:,E Dollars/ea /J � B-9 1 Fire Hydrant''// Assembly $G/6 L.S. $ / �(� Tli/O -44ereaS.O.✓..e Dollars/ea • SHEET C-4 TOP DOLORES AVE. M �Y1 m• 8-10 617 L.F. 10" A.C.P. Water Main $ 77� L.F. $ //417 ‘,7-1 J - fc/ //y— ,cent ' Dollars/L.F. B-11 8 Standard House Water Service (long $ j(/J ea $ 2��y�' side) _ ' "yer /.ivae.ep rant rr ✓E Dollars/ea /J�� / 6� B-12 6 Standard House Water Service (short 4 Z1ea $ /(y9QJ side) nid e444/12/26-0 Sena' I-Fi✓c' Dollars/ea . e. B-13 1 Fire Hydrant Assembly $ Erb-mb ea $ Ll eso YM /7/6z/..Cat/D Dollars/ea PROPOSAL 3/9 PROPOSAL BID EST. QTY ITEM UNIT DESCRIPTION UNIT PRICE EXTENSION SHEET C-4-BOTTOM McCLELLAN RD. is B-14 8 Standard House Water Service (long side) $ 14-7)- ea $ 1463 5g,ai 4.44.2Ps0 Dollars/ea 6 8-15 L.S. Abandon 2" Water Main , S J'1OL.S. $ ! e Dollars/L.S. SHEET C-5 TOP SAN FERNANDO CT. 4�1 �]r/ B-16 408 L.F. 6" A.C.P. Water Main $ G"1 L.F. $ 9 161 flee a..ty- ,C;:y,a. Dollars/L.F. B-17 1 Fire Hydrant Assembly $Z/Q3d ea $ 0f00.-Cer. PAfl )Wows9..10 Dollars/ea AO - B-18 7 Standard Rouse Water Service (short $ e7 ea $ side) /7v0 .14-4,240a19 Dollars/ea 04 .J 8-19 5 Standard House Water Service (long , $ �/2 ea S side) • rEee—dr e.c%O/1r-10 rztra,Z-- 1,E Dollars/ea to •" B-20 20. Remove existing Meter Boxes and replace $ 415 - ea S /3e3 with new / Sa e/-7 • ,c,‘,6- /� ,�// vo .— / TOTAL PHASE B S "/ (03 Dollars/ea 016- SHEET 1LSHEET C-5-BOTTOM NO WORK TO BE DONE PHASE,C 'SHEET C-6 TOP McCLELLAN RD. ee A. C-1 L.S. Abandon 2" Water Main S /6D—L.S. $ /*) gA/S f/u v/,/1�7J Fi�✓� Dollars/L.S. PROPOSAL 4/9 • PROPOSAL BID EST. QTY ITEM UNIT DESCRIPTION UNIT PRICE EXTENSION C-2 3 Standard House Water Service (long S get ea $ 9112 side) Dollars/ea SHEET C-6-BOTTOM MCCLELLAN RD. . 06C-3 613 L.F. c" A.C.P. Water Main S 79 L.F. $ /1 777 rQJB.tI -�tJi.cJC Dollars/L.F. �/ .0 pr C-4 5 Standard House Water Service (short $ G /6- ea $ /976— side) 76side) 174,0 Sede-Anzy - teia� Dollars/ea 00 C-5 2 Standard House Water Service (long $ �e1�' ea $ 650-- side) 50-- side) Dollars/ea �J ie •C C-6 2 Fire Hydrant Assembly $ 7/63 - ea $ 4 cor 171 7�/ous �a.✓J . Dollars/ea SHEET C-7 TOP ALCALDE AVE. O!. oe C-7 1 Standard House Water Service (short 9 Z76 ea $ // -J side) 77U7 ,E$4c'& arm ffOe Q 16 . C-8 4 Standard House Water Service (long $ -9Z ea $ 4oO side) Tff7T�E n •44- I74.204.27-,C, Dollars/ea • Oi C-9 L.S. Abas.don 2" Water Main S /5o _L.S. S ��D" Dollars/L.S. SHEET C-7 BOTTOM MERRIMAN AVE. 2 4 ,,ttom� Os C-10 670 L.F. 6" A.C.P., Water Main $ 30- L.F. $ 70i �v0 Dollars/L.F. PROPOSAL 5 /9 . • • PROPOSAL BID EST. QTY ITEM UNIT DESCRIPTION UNIT PRICE EXTENSION CO 10 C-11 13 Standard House Water Service (short $ Zr mea $ side) /itIP A ...u0 D 7i6-.4.444-7- ,C7 dE Dollars/ea 2 �/A two C-12 C-12 7 Standard House Water Service (long $ ..$ 6 ea $ Z2 side) . .7P 'o k-O Dollars/ea .4GG .. C-13 L.S. Abandon 2" Water Main $ /50 L.S. $ le2) O.1/E /4/44! X717. Dollars/L.S. • C-14 1 Fire Hydrant Assembly $ Gly ea $ G 4.32)— field 3Dfl-'? 7,14•_•D Dollars/ea 4.5 C-15 20 Remove existing Meter Boxes and replace $ ci'//6,' ea $ //CO- with //11CO- with new GG/" Lilly - �'i✓C TOTAL PHASE C S ,/10002 0i * ALTERNATE 1 COMBINATION BID 0'L Provide and install all work shown in Phase(s) A,B, & C for d hL/4../O 6p COMBINATION TOTAL $ ZP.5 '1 / $ ( COMBINATION TOTAL) ¢� 3 % ADJUSTMENT // /6 $ ( PHASE A + B + C) k The Contractor will be required. to submit a revised payment schedule within 10 days if Elie City awards this Alternate. The City will only allow the percent adjustment to be uniformly made to the individual bid items submitted under Phase A or Phase B or Phase C. D4" Z o��3'a3 PROPOSAL 5/9 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 co 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? (2) . How many years' experience in work comparable with that required under the proposed contract has your organization had by chis or any other name? (3) Contractor's License No. ?c; y y 7 ,• State of California, Classification ,C - 3c, (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has completed within the past three years. Year Class, Location of Work and for tdF.cm Performed Contract ?mount -.. _ .9 - ;iTic✓.' h cin:'/= _ .Li - . _ .- i' „ c. • PROPOSAL 7/9 • A. BID DOCUMENTS, continued • Name of Proposed Sub—Contractor, if any (Section 4104 Government Code) 1. - .., 2. • 3. 4, 5 6. Address of Shop of Office of Sub—Contractor (Section 4104 Government Code) 1. / 77-2 . 2. • • • 3. • 4. . 3. • 6. • Work to be performed by Sub—Contractor (Section 4104 Government Code) 2. 3. 4. 5 . 6. • PROPOSAL 8/9' t , • A. BID DOCUMENTS. continued L: YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. TEE CORPORATE SEAL `UST BE AFFIXED. TYPE OF BUSINESS : Individual Co-Partnership Corporation Joint Venture • Other • (describe) • NAME AND SIGNATURE OF BIDDER: • • • L`k/.3 --a;.4-) k"` 4L ezT. Daze /; / Aaaress ( `•:� .• ) 2 7S- 4, F-7 Addenda Received: Phone Number 7 2 3 4 5 Proposal Page 9/9 • Certificate of Insurance mom)o 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 CURTIS DAY Si CO. ONE CALIFORNIA STREET, COMPANYA Industrial Indemnity SAN FRANCISCO, CA 9411 I. LETTER TEL: (415) 433M40 COMPANY B LETTER NAME AND ADDRESS OF INSUREDCOMPA �a Hydro Tech Pipeline ETTER� C Dan Labare • 442 Park Avenue LETTER San Jose, CA 95110 COMPANY E LETTER 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 issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANYPOLICY Limits of Liability in Thousands(000) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ ❑COMPREHENSIVE FORM E l PREMISES-OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLOSION AND COLLAPSE HAZARD ❑UNDERGROUND HAZARD ❑PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE 0 INDEPENDENT CONTRACTORS ❑PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ 0 COMPREHENSIVE FORM BODILY INJURY (EACH ACCIDENT) ❑ OWNED El HIRED PROPERTY DAMAGE $ BODILY AND El PROPERTY TY DAMAGE MAGEGE $ COMBINED EXCESS LIABILITY BODILY INJURY AND 0 UMBRELLA FORM PROPERTY DAMAGE $ $ 0 OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY A and CB8700155 1/1/85 — EMPLOYERS'LIABILITY $ 100 IFACH rvserNn OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES JOB: Water Main Replacement, Phase B City of Cupertino Cancellation: Should any of the above descrsi$ed policies be cancelled before the expiration date thereof, the issuing com- pany will gralcifaUSIrdcrnail _ days written notice to the below named certificate holder, BilPiliiftWibx KF@l NNIKIX 4S KOIRKURX SXXig0ettIOI OXFI$IMOCO Fb0 74 Itgl}I7tMMXIMPD gC NAME AND ADDRESS OF CERTIFICATE HOLDER: April 19, 1984 City of Cupertino DAT- SSUED: 10300 Torre Avenue Cupertino, CA 95014 - \ lip C,`,[ff gLa RIZEDBESgEPENOTATIVE ACORD 25(1.79) "`�%« u h L. • • ,. •. •.• ._ /�/��/+� Certificate of Insurance \+FVco THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. o THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW: NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES CURTIS DAY & CO. ONE CALIFORNIA STREET COMPANY A LETTERIndustrial Indemnity SAN FRANCISCO, CA 94111. TEL: (415) 433-0480 COMPANY B LETTER NAME AND ADDRESS OF INSURED Hydro Tech Pipeline i arm C Dan Labare 442 Park Avenue ETTERRY D San Jose, CA 95110 COMPANY E LETTER b 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 issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY Limits of Liability in Thousands(000) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE .00CURRENCE GENERAL LIABILITY BODILY INJURY $ $ ❑COMPREHENSIVE FORM ❑PREMISES—OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLOSION AND COLLAPSE HAZARD ❑UNDERGROUND HAZARD ❑PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE 0 INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) 0 COMPREHENSIVE FORM BODILY INJURY ❑ OWNED (EACH ACCIDENT) HIRED PROPERTY DAMAGE $ BODILYINJURY AND ❑ NON-OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ O OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY A and CB8700155 1/1/85 EMPLOYERS'LIABILITY $ 100 MACH AcoDrrrtl OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES JOB: Ridge View Court, Cupertino Cancellation: Should any of the above descrgihed policies be cancelled before the expiration date thereof, the issuing com- pany will &rrrtItzi til Q%cmail _ days written notice to the below named certificate holder, IficaPtUgc,%04tx x24i iggOCK I ttiai4 COMMEe( toNi &AXXR itSiMbEln ZIKISHNICM XXX1> KMIX NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Cupertino DAT ISSUE. April 19, 1984 • 10300 Torre Avenue Cupertino, CA 95014 tapilP I , `.�et #3YEPBhESENTATivE A ORD 25(1-79) l:0 STATE OF CALIFORNIA 1 COUNTY OF SAN FRANCISCO O n t h i s 2nd day o f NOVEMBER In the year _ 1983_ befo-re me a NOTARY PUBLIC in and for the county and state aforesaid, personally appeared PAUL J. KONRATH known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney- In-Fact of CAL-FARM INSURANCE COMPANY and acknowledged to me that he subscribed the name of the saidicompany thereto as surety, and his own name .ts ,a6, A.ttvrinetattHW T MARY LEIGH HILL "' I OFFICIAL r', o;.'. NOTARY PUBLIC - CALIFORNIA . CITY & COUNTY OF SAN FRANCISCO NOTARY PUBLIC "T' My commssion expires June 16,1987 - FAITHFUL PERFORMANCE BOND BOND NO: 7059 CF KNOW ALL MEN BY THESE PRESENTS: THAT WE, HYDRA TECH PIPELINE as Principal and CAL-f ARM INSUUANLL CUI°:YANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Ninety-Four Thousand Six Hundred Three and no/100 Dollars ($ 94,603.00 ) 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: 1983-84 Miscellaneous Water Main Replacement, Project 84-04 Phase B 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 2nd day of NOVEMBER 1983 (To be signed by Principal and Surety and acknowledgment.) 4. HYDRO TECH PLUME PrincipalC ��t • CAL-FARM TNSURANCF COMPANY Surety By: Attorney-in-Fact PAUL J. KONRATH The above bond is accepted and approved this day of , 19 • • STATE OF CALIFORNIA ) ss. • • .COUNTY OF SANTA CLARA) On this day of AL day of .GSL in the year of /t�f , before me - P 4/ /f c" , A personally appeared. 7,6:K— �e- � � yG �� ' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. OFFICIAL SEAL - i�£ ;.-. ;; Lacille Campagno-Bkise g o aryl liAr- e County t, <* NOTARY PUGLIC-CAUFo2NIA c � '--' SANTA CLARA COUNTY of Santa Clara, State of California 2 My Commission Expires Dec.10, 1984 :)0,..20:% GYJGX7GAMQG]:%X7GX7Q.$G.2..Q0 w • CORPORATION ACKNOWLEDGEMENT • STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) • On this day of day of in the year of , before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 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. • • • Notary Public in and for the County of Santa Clara, State of California 6/29/82 • LABOR AND MATERIAL BOND BOND NO 7059 CF KNOW ALL MEN BY THESE PRESENT: • WHEREAS, the City of Cupertino, State of California, and HYDRO TECH PIPELINE 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 et, 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 CAL-FARM INSURANCE COMPANY as Surety, firmly bind ourselves , our executors, administrators , successors and assigns , jointly and severally, unto the City of Cupertino, and any and all materialmen, persons , companies, or corporations furnishing materials , provisions, provender or other supplies used in, upon, for or 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 Ninety-Four Thousand Six Hundred Three and no/100 Dollars ($ 94,603.00 ) . 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. STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO ;.. On this _Jnd day of NOVEMBER In the year 1983_before me a NOTARY PUBLIC In and for the county and state aforesaid, personally appeared PAUL J . KONRATH known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney— In—Fact of CAL—FARM INSURANCE COMPANY and acknowledged to me that he subscribed the name of the said company thereto as surety, and his own name F I- I C°1`fl°=F°fo`°Y. ��\\a�J�1 ,.may OFFICIAL SEAL \ MARY LEIGH HILL : V ` '1 NOTARY PUBLIC • CALIFORNIA °"'•°U�� CITY & COUNTY OF SAN FRANCISCO �' NOTARY PUBLIC A' My commission expires June 16,1987 i • 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 euxzecuted, by the Principal and Surety this 2nd day of NOVEMBER , 19 • (To be signed by - Principal and Surety HYDRO TECH PFR LINE and acknowledgment Principal and notarial seal attached.) CAL-FARM INSURANCE COMPANY • Surety • By: 6 ,(< ��� Attorney-in-Fac PAUL J. KONRATH • The above bond is accepted and approved this day of , 19 . 4 4. • • STATE OF CALIFORNIA ) ) ss. • • COUNTY OF SANTA CLARA) On this day of 47-4 da of Or_r«,4 1 i in the year of /9`& , before me„,„ /t,/ - /� �/� K personally appeared Aa�tve- —f-,:,_ ` ..""7o5-gPa 6 e<, J• personally known to me (or proved to me on the basis of satisfactory evidence) . to be the person whose name is subscribed to this instrument, and acknowledged " that he (she or they) executed it. ' WITNESS my hand and official seal. /._Lti OFFICIAL SEAL g `Ci�'%% • �,b _r i --;�: Lucille Campagna-31ais© 6 ''-'',�_ J' NOTARY PUBLIC-CALIFORNIA rz tory Pub is an for the County �Ya„ SANTA CLARA COUNTY c3 of Santa Clara, State of California 2 My Commission Expires Dec.10, 1984 Ja..%)9096)9GX96,acs.GTmGY9Gna../GT9cy..m CORPORATION ACKNOWLEDGEMENT • STATE OF CALIFORNIA ) ) - ss. COUNTY OF SANTA CLARA) On this day of day of , • in the year of , before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 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. • Notary Public in and for the County of Santa Clara, State of California 6/29/82 Certificate of Insurance - ocor/V THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. V� THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAdE AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES COSTELLO CLIFFORD & CRUDEN COMPANY 390 ASHTON AVE LETTER CONSOLTDATED AM. INS SAN FRAN CA 94112 COMPANY B LETTER CONSOLIDATED AM. INS NAME AND ADDRESS OF INSURED COMPANY HYDRO TECH PIPELINE LETTER C DAN LABARE COMPANY 442 PARK AVENUE LETTER EMPLOYER BENEFIT TNS SAN JOSE CA 95110 COMPANY E ETTEThis 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 issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. Limits of Liability in Thousands(000) - COMPANY TYPE OF INSURANCE POLICY NUMBER POLICY LETTER - EXPIRATION DATE EACH AGGREGATE OCCURRENCE A X GENERAL LIABILITY CAP179277 12/31/83 BODILY INJURY S S XCOMPREHENSIVE FORM PREMISES-OPERATIONS PROPERTY DAMAGE S S I EXPLOSION AND COLLAPSE X UNDERGROUND HAZARD I PRODUCTS/COMPLETED OPERATIONS HAZARD NT=t2=2 AND I CONTRACTUAL INSURANCE PROPERTY DAMAGE $ 500 $500 IBROAD FORM PROPERTY COMBINED 6 DAMAGE IINDEPENDENT CONTRACTORS I PERSONAL INJURY PERSONAL INJURY $500 B AUTOMOBILE LIABILITY CAP179277 12/31/83 BODILY INJURY S I EACH PERSON/ I COMPREHENSIVE FORM S XBODILY INJURY 6 OWNED (EACH OCCURRENCEI a. HIRED PROPERTY DAMAGE S • NON-0WNED BODILY INJURY AND S 500 PROPERTY DAMAGE COMBINED • EXCESS LIABILITY UMBRELLA FORM BODILY INJURY AND S S H OTHER THAN UMBRELLA PROPERTY DAMAGE FORM COMBINED • D WORKER'S COMPENSATION 209843 4/11/84 STATUTORY and EMPLOYER'S LIABILITY $ 2000 (EACH ACCIDENT) OTHER DESCRIPTION OFOPER / O D WATER JOB: MAIN REPLACEMENT PHASE B PROJECT: 84-04 CITY OF CUPERTINO IS NAMED AS ADD'L INSD Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany willrn4o^,.., ro mail 30 days written notice to the below named certificate holder,but fa:lun. tj rn' ' nut-notice sir!! impels's 9e Pk/ig_tien 0-liability of any lcindupor the company. NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED: November 1 . 1983 C CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO CA 95014 .��'� " .bJ= AUTHORIZED REP ATIVE ACORD25(1-79) P O L I C Y . CHANGE Oct 28 , 1983 NAME AND ADDRESS OF AGENCY INSURANCE COMPANY , COSTELLO CLIFFORD & CRUDEN CONSOLIDATED AM. INS. 390 ASHTON AVE 350 CALIFORNIA ST. SAN FRAN CA 94112 SAN FRANCISCO 94106 AGENCY CODE Phone: 337-8000 • NAME AND MAILING ADDRESS OF INSURED POLICY NUMBER POLICY TYPE CAP179277 PKG1 HYDRO TECH PIPELINE POLICY PERIOD (INCEPTION) (EXPIRATION) 442 PARK AVENUE Apr 11 , 1983 TO Dec 31 , 1983 SAN JOSE CA 95110 Change effective Oct 28, 1983 Page 1 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. • Final Page CYNTHIA STEINBERG , C < _1.y ;,, • t Citi] of Cupertino • 10300 Torre Avenue P.O. Box 580 Cupertino,California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 • OFFICE OF THE CITY CLERK November 16, 1983 • Vicks Pipeline Construction 16250 Burton Road Los Gatos, CA 95030 1983-84 MISCELLANEOUS WATER MAIN REPLACEMENT, PHASES A AND C We are enclosing to you for your files one (1) agreement by and between the City of Cupertino and Vicks Pipeline Construction, which has been fully executed by City Officials, along with your Bid Bond. Sincerely, el DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works ! IP i • CONTRACT FOR PUBLIC WORKS CONTRACT made on October 17 1983 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and VICKS PIPELINE CONST. , hereinafter called the CONTRACTOR. IT IS HEREBY AGREED by the parties as follows: 1. • THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: A. Plans and Specifications for 1983-84 Miscellaneous Water Main Replacement, Project 84-04, Phases A & C. B. Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate • C. This Contract D. Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other; or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other_, the Plans and Specifications shall prevail . 2. THE WORK. The Contractor agrees to furnish all of the tools, equipment, apparatus, fact_ties, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of 1983-84 Miscellaneous Water Main Replacement, Project 84-04, Phases A and C, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by: Mr. Bert 3. Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, 1983-84 Miscellaneous Page 1 • Water Main Replacement, Project 84-04, Phases A and C, and which ,Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J. Viskovich, Director of Public Works. 3. CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of: PHASE A: FIFTY SEVEN THOUSAND FOUR HUNDRED EIGHT AND 70/100 DOLLARS ($57,408.70) PHASE B: FIFTY THREE THOUSAND ONE HUNDRED THIRTY FIVE AND 00/100 DOLLARS ($53, 135.00) Subject to additions and deductions as provided in the Contract Documents. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the 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.merical Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall , at his expense, obtain all necessary permits and licenses, easements, ' etc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in. preparation. Where the Specifications require work to be specially tested or approved, it shall- not be tested or covered up without timely notice to the City of its readiness „_, inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval , or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, Page 2 1 , deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do ' so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8. CHANGES' TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: PHASE A: Within thirty (30) working days after approval of contract. PHASE C: Within thirty (30) working 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, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor' s control , or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery- of damages for delay by either party under other provisions in the Contract Documents. Page 3 11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall •notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall , upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and 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 Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13. THE CITY' S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment - may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work.- The City may apply such withheld -amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the 'agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination 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 this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any prupose 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: 16250 Burton Road, Los Gatos, CA 95030 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last. communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless the City agrees in writing to some other material , process or article offered by Contractor.wh-ich_ is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in ' an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Contract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney' s fee to be fixed by the court in case suit is brought upon the bond. ie. INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the Page 5 City, nor shall the Contractor allow any subcontractor to commence .work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage "of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor' s coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this Contract shall also contain an endorsement providing that thirty (30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER' S LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer' s Liability Insurance for all of his employees employed at the site of the project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance and Employer' s Liability Insurance for all of the latter' s employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. " ' (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing work covered by this Contract from .claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also 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 $ 00, 000_00 on account of one accident, and Property Damage Liability Insurance in an amount not less than $200,000.00. The City and its officers and employees, shall be Page 6 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 i'+ the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 19. HOLD HARMLESS; The Contractor will save, keep, and hold harmless the City and all officers, employees, and agents thereof from all damages, costs, or expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent- rights of any person or persons, firm or corporation in consequence of the use in, on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20. HOURS OF WORK. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, work performed by employees of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25. 00) for each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar Page 7 • day and each calendar week by all laborers, workmen, and mechanics •employed by him in connection with the work contemplated by this Contract, which record shall be open at all reasonable hours to the inspection of the City of its officers or ' agents and to the Division of Labor Law Enforcement of the Deparmtne of Industrial Relations of the State of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the' Contractor or any subcontractor under him may base any claim against the City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours • worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, • however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten (10) days after receipt of a written request. Page 8 (d) Any copy of records made available for inspection as copies •and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual ' s name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall , within five working days, provide a notice of a change of location and address. (f) in the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall , as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeith twenty-five dollars ($25.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. (h) The director shall adopt rules consistent with the California Public Records Act, (Ch. 3.5 (commencing with Section 6250) of Div. 7, Title 1 . Gov. Ch. ) and the information Practices Act of 1977, (Title 1. 8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall be paid the standard wage paid to . apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. 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. Page 9 When the Contractor to whom the contract is awarded by the state .or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the Contractor that he employs apprentices in such craft or trade in the state on all of this contrct on an annual average of not less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor for the 1-to-5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30, 000. 00) or twenty (20) working days or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than two thousand dollars ($2, 000.00) or fewer than five (5) working days. "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council . The joint apprenticeship committee shall have the discretion to grant. a. certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are met: Page 10 • (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-S. 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 When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 to S ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or any subcontractor under him, who, in performing any of the work, under the contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contributing, shall contribute to the fund 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 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) Page 11 • 1777.6 it shall be unlawful for an employer of a labor union to , refuse to accept otherwise qualified employees as registered apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by Stat. 1476, Ch. 1179) 1777.7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777.5, such contractor shall : (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50. 00) for each calendar day of noncompliance. Nothwithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract progress payments then due or to become due such sum. (b) Any such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council . (c) Any funds withheld by the awarding body pursuant to this section shall be depositied 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 subcontractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. It is further expressly stipulated that the Contractor shall , as a penalty to the City, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each laborer, workman, or mechanic paid less that the stipulated prevailing rates for any work done under this Contract by him or by any subcontractor under work done under this Contract by him or by any subcontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or occupation (except executives, supervisory, administrative, clerical , or other non-manual workers as such) for which no minimunm 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 Page 12 £i abed -mei Aq paJtnbaJ aq Aew lenoddde pue not}3adsut J ana}eqM o} }maligns pue 'A}t3 ay} +0 TEn0Jdde pus not}3adsut ay} o} pa}nafgns aq o} st )1J0M aJt}ua ay} }nq 's}uawAed mins fo awi; ay} a; do auoplJOM ay; fa anue}da3me a}nTosge ye se pant}suo7 aq Thou ITeys f.}L3 ay} Aq s}uawAed ssaJboJd to ;uawAed aur •sa}emtft}Jam ay} o} J O1neJ}uc3 ay} aT}t}ua Treys burgiJm pees +0 sauawaJtnbaJ ay} u}tm J O13CJIUC3 amt Aq enueiTdwom c uayl 'sa}e3tfi}Jan By; fo natT mi 'pTesaJo4E bUY}tdM ay} sJanilap enT}e;uasaJdaJ s ,f.4t3 ay} aSEJ uT • •aTgwAed pue anp awozaq ileus ewes ay} 'Ja}tladay} sAep (oil Lia} ury}rM paystuJnf ;Du aJe sa;emt,i}Jam ores }vane ut 'pue 'A}t3 au} m;iM puewap alt+ Aew Jo;nEJ}uoj ay} 'awes ay} Jo+ wry uodn apew uaaq sey puewep ua}}tJM Ja}fe pue 'presadofe saws} ay} Ja}fe sAep (01) Lia} UtLflTM 'ptesaJofe but}tJM ay} '+oaJau} nazi yr Jo way} fo Ave Jo sa}entft}Jam Pees JanTiap pue ystuJn+ o} ant}e}uasaJdaJ s ,A7i3 ay} fo aJnlref au} fo }uana uI -uor}aTdwon fo a;upi+T}Jam ay} a; Jo}ped}uo3 ay} al}t}ua a} 'patpaweJ aq a; 'Aue ft 's}3afap ay} fo }uawa}e}s P butpninui 'sa}emtft}Jam ay} butnsst ;au Jof uoseaJ and; pun }snf e 'puey sty Japun 'but}Tdm Lit 'JO}3eJ}uo3 au} o} Jantiao nems 'se;eDtft}Jam Limns fo nail uT JO 6A7L3 eq; a; pueq Japun saaeJtft}Ja3 pies Jant-ap 'y}uow Linea fo Aepsanl ;seT ay} aJo}aq ' Heys ant}e}uasaJdaJ s,A}r3 am wolf pause}qo pue Aq paystuJnf aq a} sa}e3tfr}Jam pies ;papznoJd SP loeq pray OS a3iJd }3EJ}uo3 Pees fo (-Lou 1.ua3Jad ye; buturewaJ ay} fo al0LiM ay} Jo}neJ}uo3 ay} o} Aed Heys A}t3 ay} 'aJofaq ;au pue awt} untgM }e 'Apoq butuJanob s}t }o uot}.niosaJ Aq pa3uaprne se auawanoJdwt fo >IJOM y3ns fo not}aidwo3 fo a3ue}da33e em Ja}fe sAep (c6) anti—A;autu to not}eJidxa ay} It}un 'sAep ye; uiy}tm papdomaJ as ;au aq ant}ou Limns ft 'Jo ;Apoq butuJarob s}r +0 not}nTosaJ Aq paruaptna Sc }Jeal}uo3 y3ns fo not}aldwon to amue}da33e ay} Ja}fe snap ye; uty}tM papJomaJ aq ani}ou unns +1 '}peal}uo3 sty} Aq paJanp3 jJOM -iie +0 not}aidwom to a3ue}da33e to ant}ou fo A}r3 au} Aq butpJo3aJ fo a}ep au} wolf sAep (cc') antf_/}Jry} to not}eJidxa am 'nun sa}ewr}se pros fo Linea fo ;unowe ay} fp (7.01) }ua3Jad uaa use}aJ TITM A}23 ay} }nq 'Jo}JEJ1uo3 ay}.Aq 'y}uow Jepuaie3 butpamaJd ay} butJnp '}3acoJd ay} Lit pa;eJodJoJut sTepJa}ew pue pawJoaJad :+JOM ay} fo a}ewt}sa TencJdde paTft}Jan Alnp E fp stsed ay} uo Jo}meal}uo3 ay} a; }uawAed let}Jed a.lew 'Tim A}t3 eq; 'yauow J epuaTe3 y3Ea fo fepsanl }sJrf ay} ueu} Ja}ei }oaf •JN3WAud 'c77. •etuJoftTe3 +o a}e}g ay} fo uotsstwwo3 }ueptn3y TetJ}snpul au} Aq pansst sJapJO f,}a+es not}3nJ}suo3 ay} fo suotstnoJd A}afes ay} u}tM a3uepdo3me yt pa}eurwtre JO papJenb aq Treys spJezey Jay}o pue '}uawdrnba 'AJautymew •panJasgo aq hays sepon not}3nJ}suo3 pue burplrnq 'sMeT a/gentidde fo suOistnoJd A}afes awl •A}JadoJd pue (saaAoidwa butpnTmut) suosJed +o not}ala}oJd ay} Jof sawn lie }e pasrnJaxa aq news uoi}nemaJd 'NOI1NEA3ad lN3GI33d "ac. }uawAoldwa unns +o a3uenur}uoi ay} , butJnp pup pa}Jaffe uosjad ay} fp }uawAordwa let}rut aq; +0 awt; ay} wolf not}edn3no JO apeJ} Limns Jot wnwtutw a se algenTIdde aq ileus paustuJnf sny} a}EJ wnwturw ayl •uoaJaM} paseq- a}eJ wnwturw ay} w}tri Jo}neJ}uo3 ay} ystuJn+ Treys pue not}ednn,o 24. PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal , relocation, or protection of existing public utilities, it any, located on the. site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquididated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall , if the insurance premium is a separate bid item, obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work,materials, apparatus or equipment, whether latent or patent, revealed to the City within one (i) year of the date of acceptance of completion of this Contract by the City, the Contractor will forthwith remedy such defects without cost to the City. Page 14 ' - 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 shal'1 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 his sureties shall be liable to the City any excess. 28. ADDITIONAL PROVISIONS. None Y • Page 15 P.O. No IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO • Approved as to form __ 1 // 24110,'IZ (2;12:-/A City Att.rCey City lerk: Date/City Clerk: /7'70-8--3 IL alb \� "5)_ CONTRACTOR: - By: Notary acknowledgement required. If a corporation, corporate seal and corporate notary acknowledgement required. Project Name and Number: 1983-84 Miscellaneous Water Main Replacement, Project 84-04, Phases A and C. Contractors Name: Vicks Pipeline Const. Contract Amount: PHASE A: Fifty Seven Thousand Four Hundred Eight and 70/100 Dollars ($57,408. 70) PHASE C: Fifty Three Thousand One Hundred Thirty Five Dollars and 00/100 ($53, 17.5.00) Contract Account Number: 110-8404-953 Page 16 STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) i On this day of d of • i in the year of /life , before me /'G 1-de" -/Z personally appeared -�����rL 1% `-LG� �/ �•>9f 7+4d personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. P-. WITNESS my hand and official seal. (IitSLhclUG&lhol7cxHcuc:t7cchca9cocc9O(5 ;,, OFFICIAL SEAL �Q � 9 rrry.,.�; Lucille Campagna-Blaise x� ' '� -. __� l<-a- - o'G"r- Q 44.. `4f NOTARY PUBLIC-CALIFORNIA I 4 otary Publ c i /•nd or the County �.•e SANTA CLARA COUNTY of Santa Clara, State of California My Commission Expires Dec.10,1984 Ja.,0*MCO,20,70,20QQ,9 GT}"fiT7'GT9GY.7OV'G7: CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of day of in the year of , before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 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. Notary Public in and for the County of Santa Clara, State of California 6/29/82 PROPOSAL \ — 1983-84 MISCELLANEOUS WATER MAIN 1r . REPLACEMENT PROJECT, PROJECT 84-04 PHASE A, B, & C TO: The Director of Public Works, City of Cupertino, State of California: • Dear Sir: In compliance with the Plans and Specifications furnished for the 1983-84 Miscellaneous Water Main Replacement Project, Project 84-04 Phase A,B, & C. I, • the undersigned, hereby declare that I have read the proposal requirements and hereby propose to do all work required to complete the said work in accordance with the Plans and Specifications for the amounts set forth herein on the incorporated schedule. The work involved shall include, but not be limited to: install 6", 8"and 10" water mains, house water services, fire hydrants including all necessary appurtenances. A bid bond in the amount of 10% is required: Award shall be to the lowest qualified bidder; however, the City Council reserves the right to reject any or all bids. The City reserves the rights to award the contract to individual contractors on a Phase "A" or Phase :'B" or Phase "C" basis. In addition, the City reserves. -the right to award Alternate 1 , which merges the individual phase into one large project. The minimum bid the City will accept is a bid on one Phase (A or B or C) . • BID EST. QTY ITEM UNIT DESCRIPTION UNIT PRICE EXTENSION PHASE A SHEET C-2-TOP STEVENS CREEK BLVD. ,t(0 -20OIC A-1 508 L.F. 8" Ductile Iron Pipe Watermain $3`i L.F. $ ir[ `f — f .NIN4 r r,T..r er • Dollars/L.F. A-2 L.S. Lower Existing Tie-in Main $ L.S. $ /I-1 ; rot,cr4t.,•13 t-/v,a)ctcn 4 ei c �(�} Fi uE Dollars/L.S. CP A-3 L.S . Relocate Water Meters $ L.S. $ 0).. 0,4-C — 7 O ( ao Sieg:) 4 rt CiJ j ? lf,vc Dollars/L.S. Cat 0, A-4 1 Fire Hydrant Assembly • sans ea $ c2) 1C T �Ea ii , yJ. t NJi� JT 1 / SEz6si.1 F'1.16. Dollars/ea • PROPOSAL 1/9 • PROPOSAL BID' EST. QTY ITEM . UNIT DESCRIPTION UNIT PRICE EXTENSION • - SHEET C-2-BOTTOM HERMOSA AVE. rib A-5 805 L.F. 6" Class 200 A.C.P. Water Main $ S L.F. $e;LO t- 4t,Ep 56 • 'i a - r c.. -Sv) HOJP s r-9 .Cix NN ' JtiI(g� / Dollars/L.F. A-5 11 Standard House Water Service (short of __ o� side) T(h cccE. tt O.Snii) 11, ii cr„ $ 3.9 S ea $ '1 S S r(.t6 Dollars/ea A-7 10 Standard House Water Servic (long $ o 5 o - S�6S ea $ S side) / d I )JSpt.DC> t -7--,CCL, / Dollars/ea A-8 1 Fire Hydrant Assembly $ Ic-is oea $ 1 (g'.iS e ti tbNC6Gt-:i 4-4,5" -02c D C .qfJ e sCci / Ir-",.1e._ Dollars/ea • 05 A-9 20 Remove existing Meter Boxes and replace $ /:S, ea $ 3on with new y"µ Rig- (-4awc .C,a) D PHASE A TOTAL $C1� �„`( Dollars/ea' J.� / 8-7o .t PHASE B SHEET C-3 TOP SAN FERNANDO AVE. Co B-1 630 L.F. 6" A.C.P.` ' Water Main $ (C L.F. $ tom.- a..%S" S� t Lj L- 1 ,.:6n z 7 4' 1-Cn 1 JJ.-sDg # See.,0i, rtJc- Dollars/L.F. 0- B-2 8 Standard House Water Service (short $ e2 gc ea $ ,l,Z CA b side) -re-0, )-4-..- „-Th r / 1>a rt4DJs.. �& , t £ 4.1. (4-11/4.4D Dddllars/ea • B-3 1. Fire Hydrant Assembly $ t '�S ea $ )y�/ o= b -1C(t o -4 2-ti t-H DLPD)r 6'i7 4 S.et16o�IT /• t Dollars/ea Standard House Water Service (long f _ J 3-4 5 side) F'jp 7ZJO;JSq 0....)71) Ft�}G $ SSS ea $ �s 01—s+a ToC c Ti a�.� -rid Rt .J Dollars/ea PROPOSAL 2/9 • PROPOSAL -""BID EST. QTY • ITEM - UNIT DESCRIPTION UNIT PRICE EXTENSION SHEET C-3-BOTTOM SAN FERNANDO AVE. Io co ' B-5 760 L.F. 6" A.C.P. Water Main/. g.j ,� S:71.-S: L.F. S 1�s3ti • ICA 001C-no, F".1c 1garJ',2Fn lb • 774«21-1,1cat, • I Dollars/L.F. 00 B-6 148 L.F. 6' A.C.P. Water Main $ 14 .€=°-0 L.F. $01-qvc LkC 3 Dbllars/L.F. B-7 10 Standard House Water Service (short $ .)4C a. 9 CSS . ea 4 S-b 7 side) -1",x' It4' '4l>PO E-1611141-- / 1 #.J=1,' r, ( r c f-rci . Dollars/ea B-8 11 Standard House Water Service (long $ SOS ea $ SSSS-�_ side) Ft tij, Sn,yp r r 11.)A-nc t ci i T�1 g1 ye; Dollars/ea CJ B-9 1 Fire Hydrant Assembly $ /€,S- L.S. $ C h S 4'c all Ec ) NJP>pFr5 t- S[AFl'Ll Fish Dollars/ea SHEET C-4 TOP DOLORES AVE. L' B-10 617 L.F. 10" A.C.P. \\Water Main $,-& -" L.F. $/ U !O — i^I I�'-11�� _�J !d -->i - '� ,,c H,>h}7ar / c, ch,t 1 0 :r c • Dollars/L.F. tice B-11 8 Standard House Water Service (long $ 6-t;"0 ea $L/3. 410 — side) 4 .'C li-n 1?S.o rS i asp EJ.r.Deco I a Cno 12_n j Dollars/ea • 60 B-12 6 Standard House Water Service (short $ 2 1 t ea $ Nice, / side) LQ -CErpJ.Stgf-- <118.-.7-Y t-1 Uen �.'7 -d sc� -r-1 • Dollars/ea 8-13 -1 Fire Hydrant Assembly S )41S_1-ea $ IliSJ b 1hLt >S,n,�o Ni. (-7,)h17,ccp� / 1 cQ ALa6 r'i-4 & Dollar^/ ea PROPOSAL 3/9 PROPOSAL • B'ID EST. QTY ITEM 'UNIT DESCRIPTION UNIT PRICE EXTENSION SHEET C-4-BOTTOM McCLELLAN RD. TO 8-14 8 Standard House Water Service (long side) 4a44/ S ea $ iq.5t D N t rl tis > Tiabosn,J*s r),)6 1-4.)Det / I S o-e-71-7 Dollars/ea Bo B-15 L.S. Abandon 2" Water Main /- 1 LAX) - $ ;Soo L.S. $ t � •S � � Dollars/L.8. SHEET C-5 TOP SAN FERNANDO CT. S b Of B-16 408 L.F. 6" A.C.P. Water Main Sl (KNIT 140.D<�c() $ �aO L.F. $ '2 _3 tog rti �c� I l)7rnct:Dd, �s«r Dollars/L.F. ' B-17 1 Fire Hydrant Assembly $ lc2ccmea $ 0,36_ -11-40.1‘,--4_,.SN c L.4r 1--)0cmgEb r c ccJon� Ddllars/ea J ca 8-18 7 Standard House Water Service (short $ 56 J ea $ ig G I sidle) OAC `((-l0OS'n.--31) h) ctiC. / `CF a'. n> iiS Dollars/ea 64. 8-19 5 Standard House Water Service (long $ SDe; ea $ 0). side) ite n TNJOSnra) F-e lb z 1-40.z'tc'a.D ' ' i r d Dollars/ea f� of . B-20 20 Remove existing Meter Boxes and replace $ f S ea $ Do with new t'f/c_c6, /4.4.>'J,6 6� �Cj TOTAL PHASE B S 1 J e q 10 Dollars/ea / o Y- SHEET C-5-BOTTOM NO WORK TO BE DONE - PHASE-C SHEET C-6 TOP McCLELLAN RD. CD C-1 L.S. Abandon 2" Water Main_S/vk E0 D ->.7er Eb $ L.S. $LQO • Dollars/L.S. PROPOSAL 4/9 . PROPOSAL • BID EST. QTY ITEM (TNIT DESCRIPTION UNIT PRICE EXTENSION C-2 3 Standard House Water Service (long $ 2Oc6,D ea $. J side)'l CC -MO 6),--la) 71. 0 Dollars/ea SHEET C-6-BOTTOM McCLELLAN RD. 0 r Ste' C-3 613 L.F. -6" A.C.P. Water Main (d=76E $ L.F.,2 S $ / -i-0 0 -714('c'e. j-40)- n,Cr , 'Dollars/L.F. _ as C-4 5 Standard House Water Service (short $ toD-C S ea $$ it side) r)0C_ '€Lr4 46i.-)E:, Tit Fi -1 E. Dollars/ea C-5 2 Standard House Water Service (long $ Sp.- ea $ /O / D — side)f7a6 TN.;JS� -D its Dollars/ea of C-6 2 Fire Hydrant Assembly`14/7. . Cq,:i S ea $3'7 S& L-P0u5'C6n k rtFyri Dollars/ea SHEET C-7 TOP ALCALDE AVE. oz C-7 1 Standard House Water Ser ce (short $ 2 5sc ea $ �S side) I'r`o t J-J-0 Lc•?o €I edit 7 C-8 4 Standard House Water Service (long $ <S--0 ea $ 2y'0 d — side) 7%/c£6 174 os Fe,)C• H n �c n Dollars/ea on C-9 L .S. Abandon 2" Water Main.Clx t-)O1-DCf(7 $ 6 b1r L.S. $ 1.005 Dollars/L.S. • SHEET C-7 BOTTOM MERRIMAN AVE. l So _x0 C-10 670 L.F. 6" A.C.P. Water Main T-0 K_.T'b,E� $ 0 — L.F. $ X3'735 701 Sn.J9 NOF" .C'� 174/ T L, F /I e- Do Lars/L.F. • PROPOSAL 5 /9 • • PROPOSAL BID EST. QTY ITEM UNIT DESCRIPTION UNIT PR EXTEN ION C-11 13 Standard House Water Service (short $ - ea $ 1 side) i1-ci?66 -04h.�0SPjb S6Jc). 6)SC 3705' N J:)-7.).- ca' r1\14:- Dollars/ea t-Dollars/ea C-12 7 Standard House Water Service (long $ 00 side) TJIrt( 1100c/arab Cry& r/ tt Dollars/ea C-13 L.S. Abandon 2" Water Main 77Jr.66, &JIJ.mr1E.7)$ apt) L.S. $ Dollars/L.S. . o C-14 1 Fire Hydrant Assembly 1 $ 1 � ea $ �c 7S �1 d4) ".( 6.-'1-.1 iJJhvoc.t67J 6! 40.16,-1 y / f FIDE Dollars/ea C-15 20 Remove existing Meter Boxes and replace $ ) S— — ea $ .3 00 with new i7J,61 /4(), i)(Cf i) TOTAL PHASE C $(5 1, ! S . 6 IV-- * ALTERNATE 1 COMBINATION BID • Provide and install all work shown in Phase(s) A,B, & C forJo(1ui-Cbj-by TJC STVT(.(ea Ttonosn. )i, ANOi• hgC,) • SLx . inrK--Ear 4 �rx)27e) c_rs)4. eCosiS COMBINATION TOTAL $ ,../..1.7, ,Y6 u $ ( COMBINATION TOTAL) Z23 `3o9Cor - % ADJUSTMENT $ ( PHASEA + B + C) * The Contractor will be required to submit a revised payment schedule within 10 days if the City awards this Alternate. The City will only allow the percent adjustment to be uniformly made to the individual bid items submitted under Phase A or Phase B or Phase C. O /SOL 1J n v,i 7444 ` • • • �__PROP.OSAL 6/• 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? St.X (-16.AUJS (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? f 1.c>6 1t6fo2S (3) Contractor' s License No. 2 S 9.20 1 ,• State of California, Classification . T (4) List work similar in character to chat required in the proposed • contract which your organization or personnel in your organization has completed within the past three years. • Year Class, Location of Work and for Whom Performed Contract Amount CZ ) !.— (C f nL- YJ JE q r.—rte 6-> . / s v.r.) • /j oi' 2-1 47.--P1;44. s. ct — &jt c\ rt &fctc, jig(.0 Ooo+c • • • • • • PROPOSAL 7/9 • • ti. A. BID DOCUMENTS, continued • Name of Proposed Sub—Contractor, if any (Section 4104 Government Code) 1. 2. • 3. 4. • • 5. • 6. . • Address of Shop or Office of Sub—Contractor (Section 4104 Government Code) 1. • e • • 3. • • • 4. - • 5. • 6. Work to be performed by Sub—Contractor (Section 4104 Government Code) 1. 2. 3. • • 4 5 . 6. . • • PROPOSAL gay • • ‘ . A. BID DOCUMENTS , continued • � J 'IT YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP , STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, • ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS : Individual bi vr! a Jn L Co-Partnership Corporation - • Joint Venture Other (describe) • • NAME AND SIGNATURE OF BIDDER: • • Jtk=r 7/P‘b • , gy, Date Li )) /� Aaa ess !.L- /c.3 LAS f �S og_11 4SJ�o 5s 5 Addenda Received : Phone Number ( 2 3 4 5 r c nS teii Kari t 10 / rit3 • Proposal Page 9/9 Certificate of•Insurance O croft 1�VV THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. VVTHIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES COSTELLO CLIFFORD & CRUDEN COMPANY 390 ASHTON AVE LETTER CONSOLIDATED AM. INS SAN FRAN CA 94112 COMPANY LETTER B CONSOLIDATED AM. INS NAME AND ADDRESS OF INSURED VICKS PIPELINE LETTER C CONSTRUCTION COMPANY 16250 BURTON ROAD LETTER I) EMPLOYEE BENEFIT INS LOS GATOS CA 95030 COMPANY E LETTER C 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 issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY Limits of Liability In Thousands(000) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE A GENERAL LIABILITY CAP179536 6/13/84 BODILY INJURY 5 s COMPREHENSIVE FORM M V PREMISES-OPERATIONS PROPERTY DAMAGE 5 S •V A EXPLOSION AND COLLAPSE UNDERGROUND HAZARD PRODUCTS/COMPLETED XOPERATIONS HAZARD BODILY INJURY AND p A CONTRACTUAL INSURANCE PROPERTY DAMAGE $ 500 $5 0 0 iL BROAD FORM PROPERTY DAMAGE . INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY s5 0 0 B AUTOMOBILE LIABILITY CAP179536 6/13/84 (EACHYINJURY S COMPREHENSIVE FORM ,EACH PERSON, • BODILY INJURY s OWNED (EACH OCCURRENCE, y HIRED '''.-.• PROPERTY DAMAGE $ BODILY INLLY NON-OWNEDPROPER YJ DAMAGE URY $ 5 0 0 1 COMBINED EXCESS LIABILITY UMBRELLA FORM BODILY INJURY AND s i OTHER THAN UMBRELLA PROPERTY DAMAGE FORM COMBINED D WORKER'S COMPENSATION 206748 12/31/83 STATUTORY and EMPLOYER'S LIABILITY swim) !EACH ACCIDENT] OTHER • DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES JOB: MISCELLANEOUS WATER MAIN PROJECT 84-04 , REPLACEMENT PROJECT $110543 . 70 CITY OF CUPERTINO IN NAMED ADD'L INSURED Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will c.idnt•.e: to mail 30 days written notice to the below named certificate holder, bat fa:lurc to ]Am; AULll UUtu ollan unpwe(Sc)Uuh9,tiUU UI ;:iU;:;Ly ui duy kii.J ..Huu Ilu. wuSNdny. NAME AND ADDRESS OF CERTIFICATE HOLDER DHTEISSUEO: Nnvamhar 1 19R9 C - CITY OF CUPERTINO P.O. BOX 580 CUPERTINO CA 95015 �� �a�� AUTHOR,ZoOt.PF' ,.TATIVE ACORD S 1179) • P O L 2 C Y CHANGE Nov 1, 1983 NAME AND ADDRESS OF AGENCY INSURANCE COMPANY COSTELLO CLIFFORD & CRUDEN CONSOLIDATED AM. INS. 390 ASHTON AVE 350 CALIFORNIA ST. SAN FRAN 4GE94Y ooE SAN FRANCISCO 94106 Phone : 337-8000 NAME AND MAILING ADDRESS OF INSURED POLICY NUMBER POLICY TYPE VICKS PIPELINE CAP179536 PKG1 CONSTRUCTION POLICY PERIOD (INCEPTION) (EXPIRATION) 16250 BURTON ROAD June 13, 1984 To June 19 . 1984 LOS GATOS CA 95030 Change effective Nov 1, 1983 Page 1 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. Final Page 45tekdamCYNTHASTEINBERG C STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On t h i s 3rd day of NOVEMBER In t h e year 1983_ before me a NOTARY PUBLIC in and for the county and state aforesaid, personally appeared JOHN D. GILLILAND known to me to be the person whose name Is subscribed to the within instrument and known to me to be the Attorney- In-Fact of ALLIED FIDELITY INSURANCE COMPANY and acknowledged to me that he subs'Y`Ptt'e'de`inti iTatft "B'Y"`YN`g"sa I d company thereto as surety, and his nMe a f I n_Fact. NOTARYY & PUBLIC - W FRANCISCO 3 ^��\ CITY & COUNTY OF SAN FRANCISCO ' `'= My commission expires June 16,1987 : Hpmetainfnmenaulewelueeyepeepqunnuy 'NOTARY PUBLIC /' • • FAITHFUL PERFORMANCE BOND BOND NO: 034343 KNOW ALL MEN BY THESE PRESENTS: THAT WE, VICKS PIPELINE CONSTRUCTION as Principal and ALLIED FIDELITY INSURANCE LUMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Fifty-Seven Thousand Four Hundred Eight and 70/100 Dollars ($ 57,408.70 ) 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: 1983-84 Miscellaneous Water Main Replacement Project 84-04 Phase A 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 b the Principal and Surety this 3rd day of NOVEMBER , 1983 (To be signed by Principal '\ and Surety and acknowledgment.) 4 VICKS PIPELINE CONSTRUCTION ‘4) Principal ALLIED FIDELITY INSURANCE COMPANY Surety By: 2 �(��YfJ Attor ey-in actJOHN D. GILLILAND The above bond is accepted and approved this day of , 19 STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of 7 day of 447-` ti in the year of <//t-5 , before mer - sr,a- - personally appeared cr,/�/�J�N, // ( 042C5707/6/ /, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it WITNESS my hand and official seal. 14:_46 HCCht1.9cscAhce ot,a6+,Na6-(9G\sNs st • �' _ OPFICIAI. SEA;, 8 _.. a! Lucille Ccmpa maisise NorA':Y PCuiIC-cmfO:NIA M /o'tary Pub is and for the County SANTA CLARA COUNTY g of Santa Clara, State of California :a!mission Expires Dec.1.0,1984 y _.tir LIDEOLViSacOGGIQGaGaG3 CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) • On this day of day of in the year of , before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 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. Notary Public in and for the County of Santa Clara, State of California 6/29/82 • : t LABOR AND MATERIAL BOND BOND NO: 034343 KNOW ALL MEN BY THESE PRESENT: • • WHEREAS, the City of Cupertino, State of California, and VI.CKS PIPELINE CONSTRUCTION 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 ALLIED FIDELITY INSURANCE COMPANY as Surety, firmly bind ourselves , our executors , administrators , successors and assigns , jointly and severally, unto the City of Cupertino, and any and all materialmen, persons , companies , or corporations furnishing materials , provisions, provender or other supplies used in, upon, for or 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 Fifty-Seven Thousand Four Hundred Eight and 70/100 Dollars - PHASE A • ($ 57,408.70 ) , 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. A STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On this 3rd day of NOVEMBER In the year 19_8,} before me a NOTARY PUBLIC In and for the county and state aforesaid, personally appeared JOHN D. GILLILAND known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney—In—Fact of ALLIED FIDELITY INSURANCE COMPANY and acknowledged to me that he stab 'C't:°Pb'e'duth'e"ly®'m'eunotf.im*the said company thereto as surety, and h Is c> narrPFIglLtfc$rAl4ey-:.i n—Fact. - ' sp I LEGH HILL \` ' C \ .'a3'p1- NOTARY PUBLIC - CALIFORNIA \ CITY & COUNTY OF SAN FRANCISCOgt My commission expires lune 16,1987 NOTARY PUBLIC 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 contractor 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 execu ed, by e Principal and Surety this 3rd day of NOVEMBER , 1903 • • Si a a (To be signed by Principal and Surety VICKS PIPELINE CONSTRUCTION ' and acknowledgment • Principal and notarial seal attached.) • • F- ALLIED FIDELITY INSURANCE COMPANY Surety J • • By: Atto nay-i act JOHN D. GI -LILAND • The above bond is accepted and approved this day of • • , 19 • • • • STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of2( da of ///ti,�vyi-rr�� in the year of /7t F , before mC%• ,J�fP�C�_ personally appeared 'cOtq yy rea, f�F-497 i ) , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. 6 - OFFICIAL SEAL 8 ��� _ ate► sLy-� - i ah fi ,,,1 Lucille Campagna-Blaiso 7 "�;", ,7r NOTARY PUBLIC-CALIFORNIA a otary Public n a d for the County 2 SANTA CLARA COUNTY 1,1 G of Santa Clara, State of California 2 My Commission Expires Dec.10,1984 -D0,20�c»�craGMD.XMGY.20Q0c, gac Z CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On this day of day of in the year of , before me personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that t1-.e corporation executed it. 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. • Notary Public in and for the County of Santa Clara, State of California STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On this 3rd day of NOVEMBER In the year 19.3_ before me a NOTARY PUBLIC in and for the county and state aforesaid, personally appeared JOHN D . GILLILAND known to me to be the person whose name Is subscribed to the within Instrument and known to me to be the Attorney—In—Fact of ALLIED FIDELITY INSURANCE COMPANY and acknowledged to me that he s ubs,er„i,b;ad.,,the„Jnam,e ,o,f, t6 e said company ther eto \\\ as surety , a n d chinam@FiAt— tey—in—Fac .?k'M MARY LEIGH HILL ---•••• ?I NOTARY PUBLIC - CALIFORNIA CITY is COUNTY OF SAN FP,ANCISCO My commission expires June 16,1937 NOTARY PUBLIC • • FAITHFUL PERFORMANCE BOND BOND NO: 034344 KNOW ALL MEN BY THESE PRESENTS: THAT WE, VICKS PIPELINE CONSTRUCTION as Principal and ALLIED FIDELITY INSUKANLt Lur1PANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Fifty-Three Thousand One Hundred Thirty-Five and no/100 Dollars ($ 53,135.00 ) 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: 1983-84 Miscellaneous Water Main Replacement Project 84-04 Phase C 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 3rd day of NOVEMBER , 19 83 (To be signed by Principal and Surety and acknowledgment.) -u. VICKS PIPELINE CONSTRUCTION Principal ALLIED FIDELITY INSURANCE COMPANY Surety By: 919) - / LiA -ictJOHN D. GILLILAND The above bond is accepted and approved this day of , 19 • STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) • On this day of of C in the year of /9tJ ,, before me - / ' - �s � - personally appeared `/ � - j (/ 1A fel 7.1t personally known to (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it: WITNESS my hand and official seal. • c.ccs;:.cocuG"ecu¢uvaceiaAsctscoc�ccot OFFICIAL SEAL Lucille.;C? Canpagna-Blai;e g �y :27 NOTARY PUD IC-CALIFORNIA �otary Public i�iYano 'for the County SANTA CLARA COUNTY 2 of Santa Clara, State of California 2 My Commission Expires Dec. 10,1984 :MQ0,7GNGa7GY�WJG1.)'GYJGT7GNG”0"..7GT7GT CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of day of in the year of , before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 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. Notary Public in and for the County of Santa Clara, State of California 6/29/82 • • • LABOR AND MATERIAL BOND i; , • . KNOW ALL MEN BY THESE PRESENT: BOND NO: 034344 WHEREAS, the City of Cupertino, State of California, and VICKS PIPELINE CONSTRUCTION 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 ALLIED FIDELITY INSURANCE COMPANY as Surety, firmly bind ourselves , our executors , administrators , successors and assigns , jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies , or corporations furnishing materials , provisions , provender or other supplies used in, upon, for or 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 Fifty-Three Thousand One Hundred Thirty-Five and no/100 Dollars PHASE C ($ 53,135.00 ) . 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. STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO • On th i s 3rd day of NOVEMBER In the year 1983_ before me a NOTARY PUBLIC in and for the county and state aforesaid, personally appeared JOHN D. GILLILAND known to me to be the person whose name is subscribed to the within Instrument and known to me to be the Attorney- In-Fact of ALLIED FIDELITY INSURANCE COMPANY and acknowledged to me that he subS,c,r,;j,p,e,d .the ng�'ro4f?"�'o,'f' '+'hE sa i d company ther eto as surety ; and hls= owq t namMARYALEIGhHIlLey- Isl-Fact• � NOTARY PUBLIC - CALIFORNIA CITY & COUNTY OF SAN FRANCISCO1987 --- PAycommisionexpires lune 16, NOTARY PUBLIC 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 contractor 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 e ecu d, by the Principal ' and Surety this 3rd day of NOVEMBER , 1983\\ • (To be signed by Principal and Surety VICKS PIPELINE CONSTRUCTION ' and acknowledgment Principal and notarial seal attached.) • ALLIED FIDELITY INSURANCE COMPANY Surety • • By: ,/ �j� Atto ey-in- ct JOH GILL LAND The above bond is accepted and approved this day of , 19_ • STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of // da of in the year of /7f# , before me _2/24 ��`.- , personally appeared -G/�l�iJx // led ,9tO71%-d() , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it: WITNESS my hand and official seal. tua4Dizczax9cwcececcoceccsx9commi �— OFFICIAL SEAL ji; Lucille Campagna-Slaise 3 sz-v` .r;„'/. NOTARY PUBLIC-CALIFORNIA 2 No ary Public in/and r the County 9 " e SANTA CLARA COUNTY of Santa Clara, State of California L Ai Commission Expires Dec. 10,1984 CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of day of , in the year of , before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 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. Notary Public in and for the County of Santa Clara, State of California 6/29/82 f tier]f11�pf.'/ llsa A �i ski)? ON of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408)252-4505 OFFICE OF THE CITY CLERK • September 5, 1986 Vicks Pipeline Construction 16250 Burton Road Los Gatos, CA 95030 1985-86 MISCELLANEOUS WATER MAIN REPLACEMENT PROJECT 86-113 We are enclosing to you for your files one (1) fully executed copy of the Contract for Public Work between the City of Cupertino and Vicks Pipeline. Enclosed please find your bid bond. Sincerely, • DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works STATE OF cAWFORNI - State of (;scr ac.... County of. 4.-0 ah.4_,., .A4 J ss. On this_y _.45:1 cik_.1Sk day of arl-t.-.C42- ,in the year- / gar 4:' before me, ra i Toe. d P. S../ ?..tiafgr... .,a Not lic in yid for the .....6 an--4.-0° County of ---.. .) . i ......,-2 /`' _ ,State of California, I personally appeared tet.2./..th.L.nit a (ftt , , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument,and acknowledged that he(she or they)executed it. '.../AANO.r\INv'Th..`0",10\t`4":N.,MVS.•CA4,000,:r.\V.V4.0"..); IN47411 ESS ERECaeave hereunto set my hand and affixed my Offical Seal,in the f; sr.:..-z OFFICIAL SEAL PAT BOESIGER ,I A, - p.—i it----"‘ 4'—'County of the State of California the day and 6 r. tio NOT PUBLIC—CALIFORNIA 6 year in this certificate first above written SANTA CLARA COUNTY 5 "i'-IP My Commission EXpifeS Jan. 6,1988 .%; NW Sa\1"AN tV.NY. ,..."1:neral) Notary Public in and for the_ cf/A.--.4---e te---. ele---A--el--) County of the State of Califomi FORM 030-4242(7-82) art-Cir-e---C---et''..-----------1 Notary Public's Signature A6 •ACKNOWLEDGMENT BY SURETY • • STATE OF CALIFDan IPranoisco fss County of SS on this 19th day,of August in the year 1986 , before me Sharon Flores Notary Public . personally appeared Kathleen Bryant personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to this instrument as the Attorney-in-Fact and acknowledged to me that he (she) subscribed the name of - FAIRMONT 1NZURANCP COMPANY thereto as Surety and his (her) ownaforesaid nfa�meee as Attorney-m-Fact. - -� IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal,at my office i the tMJ fore lid County,the day and year in this certificate first above iitew.,,:,,e,,,e-,n 1 as-Pc OFFICIAL $',V lr°1WW Y ,tier-i- ' SHARON fLORfS 2k Notary Public �� � tin )+/ NOTARY PUBLIC-CALIFORNIA"yrr. kv.: CITY&COUNTY OF SAN FRANCISCO ' 14 Commission Expires February 15,1587 .-mrrxaaarv�a.�asa��-_�•aa_�.aaa::. EXECUTED IN DUPLICATE BOND NO. FB 015368 PREMIUM: $3,237.00 FAITHFUL PERFORMANCE BOND • KNOW ALL MEN BY THESE PRESENTS: VICK'S PIPELINE CONSTRUCTION THAT WE, as Principal and FAIRMONT INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of these unit prices & extensions which total $197,296 base bid & $27,466.30 Alt.2,= total $224,762.20 lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated August 19, 1986 with the Obligee to do and perform the following work to-wit: 1985-1986 MISCELLANEOUS WATER MAIN REPLACEMENT, PROJECGT 86-113 NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 19th. day of August , 19 86 . (To be signed by Principal and Surety and acknowledgment.) VI N ._PIP$INE CONSTR ' MO BY: 1 k 5,13- s2rj Principal FAIRMONT INSURANCE COMPANY Sur-ty �A , f� By: / it�l l„ CC /Uh/Y A t.r ey-in-Fact , Kat een Bryant The above bond is accepted and approved this day of , 19_ • Corporate Seal No. 58 FAIRMONT INSURANCE COMPANY Burbank California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and appoint HARRY CLIFFORD, III, CAROL GANAPOL, KATHLEEN BRYANT, AND M. R. STEWART - as its true lawful Attorney(s)-in-Fact,with full power and authority,for and on behalf of the Company as surety,to execute and deliver and affix the seal of the Company thereto,if a seal is required.bonds,undertakings,recognizances,consents of surety or other written obligations in the nature therof, as follows: Any and all bonds,undertakings, recognizances, consents of surety or other written obligations in the nature thereof, and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the ads of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws are now in full force and effect: ARTICLE IV, Section 13. .ATTORNEYS-IN-FACT AND AGENTS. The chairman of the board, the president, the vice president.the chief financial officer,or the secretary of the corporation may appoint attorneys-in-fact or agents with power and authority, as defined or limited in their respective powers of attorney,for and on behalf of the corporation to execute and deliver, and affix the seal of the Corporation thereto, bonds, undertakings. recognizances, consents of surety or other written obligations in the nature thereof and any ofsaid oficers may remove any such attorney-in-fact or agent and revoke the power and authority given to him or her. ARTICLE IV. Section 14. AUTHORITY TO BIND. Anv bond, undertaking, recognizance. consent of surety or written obligation in the nature thereof shall be valid and binding upon the corporation when signed by the chairman of the board, the president. the vice president, the chief financial officer, or the secretary of the corporation and duly attested and sealed,if a seal is required,by the secretary or assistant secretary,or shall be valid and binding upon the corporation when duly executed and sealed,if a seal is required. by a duly authorized attorney-in-fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. si cr. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called and held on the 4rd day of October, 1983: RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance consent of surety or other written obligation in the nature thereof; such signature and seal. when so used,being hereby adopted by the corporation as the original signature of such officer and the original • seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 1985 si• VRAect " z r+' \as-•• CF 's FAIRMONT INSURANCE COMPANY , 2 fAPR. Co w — — — By • a- '.,,,� CA• Lie., ' Signature Henry F. Wright, Vila Presiden Stale of California . ss. County of Los Angeles Henry F. Wright , personally known to me, was by me duly sworn, and did depose and say: that he/she resides in the State of California; that he/she is the duly elected Vice Preseoent of FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru- ment; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cor- porate seal; that it was so affixed by authority of his/her office under the Bylaws of said corporation, and that he/she signed his/her name thereto by like authority. Subscribed and sworn to me this 22nd day of , march , 1985 . • • OFFICIAL SEAL ��(/A/rLit- C7L-ete g e F HARRIET LAMBELL Public in and � j NOTARY PVCLS—CALIFORNIA Notary ^ . PRINCIPAL OFFICE IN for said County and State. " LOS ANGELES COUNTY My Conuoissiion Expires Apr.27, 1982 CERTIFICATION 1- I, Trude A. Tsujimoto , the Assistant Secretary of FAIRMONT ,-^ INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13. and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect. ' Signed and Sealed at Burbank,. California, this 19th day of August , 19 86 MrEIrr.3/4 . 44. St1RAiVa:%,, 1 o "Onto a �: Pssistant terry ' ceif APR. 10 . azv a; 1970 ,•' csy J"-.-.....••cf "r„ CAL1F•Nor - - �4rnnpN„, • - . • EIOJCiPPED IN DUPLICATE BOND NO. FB 015368_ PREMIUM: Included in FP Bond • LABOR AND MATERIAL BOND • KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and VICK'S PIPELINE CONSTRUCTION hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and FAIRMONT INSURANCE COMPANY • as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who .perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of these unit prices & extensions which total $197,296 base bid & $27,466.30 Alt. 2,. to total TWO HUNDRED TWENTY FOUR THOUSAND SEVEN HUNDRED SIXTY TWO AND 20/100 DOLLARS ($ $224,762.20 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to- such work or labor, or any and • all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. STATE OFIFORN • State of y�tti I County of . ... 5..:. 4--;'} as' � On this," c2 2 day of ( 2. L ,in the yearr (Fir 6 before me, a t–/– P..E.s9 C 74..54..!..`.,a Notary Pucb15 in and for e %p.C.c_..e P County of wg 'I v.} 1.m. .. ,State of California, personally appeared L2L.Ail...a.�7t U.i.eA/ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person �`y r 4` `\``*""`Y�`•-•"• `y whose name is subscribed to this instrument,and acknowledged that he(she or they)executed it. , IN WITN ERE�(�/).I�ve hereunto/, set my hand and affixed my Offical Seal,in the ySly OFFICIAL SEAL {j S. 4�— —1—[Aunt of the State of California the da and PAT BOESIGER %, y y fNOTARY PUBLIC—CALIFORNIA year in this certificate first above written SANTA CLARA COUNTY �}D 5 Commisslcn Explms tan.16.1928 �.t,G� `--"e- �� County �.•.. . ..,._........,,, i‘.vii.:. . I•'neral) Notary Public in and for the ' of the State of Califomi C;;I:ttszen______>S FORM 030-4242 17-021 Notary Public's Signature ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of San .Francisco. f ss 19th August 1986 on thisday of ,in the year , before me Sharon Flores otary Public • personally appeared Kathleen Bryant personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to this iit strrue tt as the Attorney-(n-Fact and acknowledged to me that he (she) subscribed the name of MAIttlV1t11V'1' INSURANCE COMPANY thereto as Surety and his (her) own name as Attorney-in-Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal,at my office in t e aforesaid County,the day and year in this certificate first above wrre . ' r �"-cr.c " j 1 - f 2;;5. ,' OFFICIAL.SEAL a .l L- 1 y SHARON FLORES ; Notary Public NOTARY PUBLIC-CALIFORNIA \ ,,,; �;... CITY&COUNTY OF - SAN FRANCISCO 1 My Commission Expires Fubrusry 15,1937 w ..yam rr- -...o-.r.E-. -3 I 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 August , 19 8. • VICK P n• INE CO •UCPI"N BY: (To be signed by Principal Principal and Surety. Notary • acknowledgments required.) FAIRMONT INSURANCE COMPANY Surety By: / • I1%!' �, 'l A t. iey-in-Fact, Kathl n Bry "nt The above bond is accepted and approved this day of 19 6/17/85 ISSUE DATE(MMRJD VV) Of ® CERTIFICA it OF INSURANCE 'i 13/74 PRODUCER 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 BELOW. CURTIS DAY AND COtIPAIR COMPANIES AFFORDING COVERAGE ER, CAL!MINA STREET, SUITE 700 SAN EPYA:CISCO, CA 94111 COMPANY ==}l} !>433 X3 4 --= --- -- -- - - LETTER A LIVED,PACIFIC+IIEI.INICE IU_SUPPfICE CO. COMPANY:_-. INSURED LETTER PROGRESS1V`E CASUALTY ._.-. .. . _ ..._ t COMPANY c VICKS PIPELINE CONST RILCT!(Ol LETTER 16250 SURT11 ROAD COMPANY D LOS &ATOS, CA 9sna0 LETTER COMPANY c LEITER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. °"NOTWITHSTANDINGANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY .BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(WNDOEM DATE(MFVDEVTO EACH OCCURRENCE AGGREGATE Ill 1GENERAL LIABILITY BODILY COMPREHENSIVE FORM LP /3648964 5/31/83 5131(87 4 INJURY $ $ © PREMISESJOPERATIONS PROPERTY © EXPLOSIONU8 COLLAPSE HAZARD DAMaG=_ $ $ ® PRODUCTS/COMPLETED OPERATIONS 8 ® CONTRACTUAL COMBINED $.900 $t.000 © INDEPENDENT CONTRACTORS © BROAD FORM PROPERTY DAMAGE _ ® PEASONAL INJURY - , _ - - PERSONA1,411419Y_.$I*ODD_ ..- ■ AUTOMOBILE LIABILITY MIRY I ■ ANY AUTO (PTR PERSOII) $ ■ ALL OWNED AUTOS(PRN. PASS.) scotY - MIRY ■ ALL OWNED AUTOS LOTH RPATMSSN' (PEA,VADEND $ ■ HIRED AUTOS PROPERTY ■ NON-OWNED AUTOS DAMAGE $ ■ GARAGE LIABILITY BI a PD > ■ _ -_ __- _ _ _ _ COMBINED $ EXCESS LIABILITY IIII UMBRELLA FORM FE 4601 5 dllai86 S`1918? COMBINED $.000 $1,009 © OTHER THAN UMBRELLA FORM STATUTORY WORKERS' COMPENSATION I AND EMPLOYERS' LIABILITY l•IC 0294420 12/31/a5 12/31/06 ,$2,000 (EACH ACCIDENT) $ _ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE). 1 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS(SEE ATTACHED ADDITICUAL INSURED E1NRSER(EI',TS It NISCELLANEOIJS WATER WJ?1 REPLACBISIT PROJECT ;11.0,543,70 CERTIFICATE HOLDER CANCELLATION C11Y OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BE=CBE THE,�g,..,� PIRATION DATE THEREOF, THE ISSUING COMPANY WILL Et tlOFI'T70s P.O. BOX 587 ,.u�0DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CUPERTINO, CA 9950J5 :j EiLtiai5Yv1 'CCM Ai ric2ls{diD. iikoS11AtIdsl aa`fibribliVAIk r4 :izt y1,V1.2UaoF 5 - rAz ?ii61:`F7TF7oguREPIitsErtrAtiVEvk IL £t 1WS 11 Firretwr ACORD 25(8184) Ij 0 IIR/ACORD CORPORATION 1984 '1w 0.2 'LI CP '7a ;� W rr , - • ADDITIONAL INSURED ENDORSEMENT - In consideration of the premium charged, it is understood and agreed that the "Persons Insured" provision is amended to include as insured the person or organization named below but only with respect to liability arising out of the operations, designated below, performed for such insured by, or on behalf of, the named insured. - NAME OF PERSON OR ORGANIZATION (ADDITIONAL INSURED) • • City of Cupertino, its officers and employees • Designated Operations : Miscellaneous Water Main Replacement Project It is further agreed that with respect to cancellation of this policy the Company shall notify the ADDITIONAL INSURED at least 30 days prior to such cancellation. Additionally, the coverage afforded by this endorsement is VOID if such ADDITIONAL INSURED is not also added to the underlying policies . Attached to and forming a part of Policy No. FE 4681395 Named Assured: Vicks Pipeline Construction • Effective Date: 5/31/86 Author1-4d Representat.ive.. . ... . CURTIS DAY & CO. • fr I. [: This endorsement forms a part of the policy to a5 Gched,effective on the inception dale of the policy u oiherwiu staled herein. _r y- - - _ - (the following Information Is required only w• hen this endorsement a issued subsequent io preparation of porky.) - ,.4orsn ent effective ..15,13i/86 - - PaUg Ro. LP 0646964 _ - sT ° r ene _rr - __ _. .. - - U (Authorized Representative) - -- - -- _ - - - - - - - - CURTIS DAY & CO. - -:=f7.-.-..-,;:-.: : 'This endorsement modifies such insurance as is afforded by the provisions al the policy relating to the following: - - COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE _ i" .- - - ,i ADDITIONAL INSURED -: =_ - :.- r Sduaduk • t.. —>_ Hama R Person I sure'intian = - _ - 7-'L: s _ Lacalfon d covered Opuations -: - - :_ (AddNwnallnsuren � - s Miscellaneous Water Main Replacement ; ; tY 4f �ue S7-7;nor its officers ,- AdvarceFremmm r 4iid eritpEoye`es _ Premium8asn _— _ _ Ratrs Prefect . �f:. - _ Bodily Injury Liability Cast $100 at cast - S'-T_B.D.-... CostTI00ofcosl$110,543-.70 j' T.B.D. - Property Damage Liability - _ _ - TafalAdrancePremium - j' At Audit . —zitB agreed that - 1 The—Persons Insured"provision is amended to include as an insured the person or organization named above (hereinafter called"additional insured"). .. but only with respect to liability arising out of (1)operations performed for the additional insured by the named Insured at the location designated above or(2)acts or omissions of the additional insured in connection with his general supervision of such operations. L None at the exclusions at the policy,except exclusions(a),(c),(f),(g),(i).G)and(m),apply to this insurance. - - 3_ Additional Exclusions This insurance does not apply_ (a) la bodily injury ar property damage occurring after - insured at the site of the - ' (1) all work on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional covered operations has been completed ar (2) that portion of the named insured's week out of which the injury or damage arises has been put la its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project - (b) to bodily injury or property damage arising out of any act or omission of the additional insured ar any of his employees,ether than general super- vision of work performed for the additional insured by the named insured; (c) to properly damage to • (1) properly owned or occupied by or rented to the additional insured. (2) property used by the additional insured, - (3) property in the care, custody or control of the additional insured or as to which the additional insured is far any purpose exercising physical control,or (4) work performed for the additional insured by the named insured. - 4. Additional Definition When used in reference to this insurance,"work"includes materials,parts and equipment furnished in connection therewith. IT IS AGREED THAT THIS INSURANCE SHALL BE PRIMARY AND NOT CONTRIBUTING WITH ANY OTHER • ENSURANCE MAINTAINED BY SAID ADDITIONAL INSURED(S) . • GL 20 09 01 73 n - . (THIS ENDORSEMENT TO BE ATTACHED TO THE CERTIFICATE OF INSURANCE ISSUED TO THE CITY OF CUPERTINO DATED 7/15/86) NAMED INSURED Vicks Pipeline Construction 16250 Burton Road Los Gatos, CA 95030 POLICY NO. LP 0646964 POLICY PERIOD 5/31/86 to 5/31/87 CARRIER United Pacific/Reliance Insurance Companies POLICY LIMIT : $1,000,000. Combined Single Limit (Primary) ADDITIONAL INSURED The City of Cupertino, its officers, agents and employees are named as additional insureds as respects liability arising from the work performed by the insured for the City of Cupertino Re: Miscellaneous Water Main Project E86-113 ($110,543.70) PRIMARY CLAUSE it is hereby understood and agreed that this insurance shall be primary and not contributing with any other insurance maintained by said additional insureds. CANCELLATION PROVISION This policy may not be cancelled nor the coverage materially changed by the Company without 30 days prior written notice of such cancellation or material • change in coverage to the City of Cupertino. CITY OF CUPERTINO P.O. Box 560 CUPERTINO, CA 95015 ATTN. : BRUCE DONAHUE • CONTRACT FOR PUBLIC WORKS CONTRACT made on September 2, 1986 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and VICKS PIPELINE ,hereinafter called the CONTRACTOR. • IT IS HEREBY AGREED by the parties as follows : 1 . THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents : A. Plans and Specifications for 1985-1986 MISCELLANEOUS WATER MAIN REPLACEMENT PROJECT 86-113 B . Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate C. This Contract • D. Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the • one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of the tools , equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of Miscellaneous Water Main Replacement, • Project 86-113 as called for, and in the manner designated ' in , and in strict conformity with, the Plans and Specifications prepared by : Mr . Bert J . Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, Miscellaneous Water Main Re- placement, Project 86-113 • Page l • • and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J . Viskovich, Director of Public Works. 3 . CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of : these unit prices & extensions which total $197,296 base bid & $27,466.30 Alt: 2, to total TWO HUNDRED TWENTY FOUR THOUSAND SEVEN HUNDRED SIXTY TWO AND 20/100 DOLLARS ($224,762.20) subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4 . DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, ox in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6 . INSPECTION BY THE CITY . The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to ' be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. • 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, Page 2 • • deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices , if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9 . TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, . amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or -in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10 . TIME FOR COMPLETION. All work under this Contract shall be completed: FORTY EIGHT (48) WORKING DAYS AFTER RECEIVING NOTICE OF CONTRACT APPROVAL If the Contractor shall be delayed in the work by the acts or- . neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor' s control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. Page 3 • • • 11. INSPECTION AND TESTING •OF MATERIALS . The Contractor shall • notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him ander this Contract, in order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and 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 Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13 . THE CITY' S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final , completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination 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 this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: VICKS PIPELINE, 16250 BURTON ROAD, LOS GATOS, CA 95030 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16 . COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless tie City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Contract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100% ) of the' contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney' s fee to be fixed by the court in case suit is brought upon the bond. Page 5 • .18 . INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the • City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this Contract shall also contain 'an endorsement providing that thirty (30) days ' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy.. (a) WORKER' S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take :ut and maintain during the life of this Contract Worker's Compensation Insurance and Employer' s Liability Insurance for all of his employees employed at the site of the project and,in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker' s Compensation Insurance and Employer's Liability • Insurance for all of the latter' s employees unless such employees are covered by the protection afforded by the Contractor. • In signing this Contract the Contractor makes the following • certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code • • which require every employer to be insured against liability for • worker's compensation or to undertake self insurance in • accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the • work of this contract."' • • (b) LIABILITY INSURANCE. The Contractor shall take out and • maintain during the life of this Contract such Bodily Injury • Liability and Property Damage Liability Insurance as shall • protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do ' with blasting, collapse, and underground property damage) , which may arise from Contractor' s operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Bodily Injury Liability Insurance in an amount not less than $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 • Page 6 • • Property Damage Liability Insurance in an amount not less than $200,000..00 . The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 19 . HOLD HARMLESS. The Contractor will save, keep, and hold harmless the City and all officers, employees, and -agents thereof from all damages, costs, or expenses, in law or in equity, that may at anytime arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement person orpersons,afirm eor corporation tinofconsequence the patent rofhtthes of uany se 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, andbarriers 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 constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be- required or permitted to workthereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, 'work performed by employee's of contractors in • excess of eight hours per day and forty hours during any one week • shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for- each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, worker, or, mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said . Sections of the Labor Code. Page 7 • • The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar day and each calendar week by all laborers, workmen, and mechanics employed by him in connection with the work contemplated by this Contract, which record . shall be open at all reasonable hours to the inspection of the City of its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. • 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof . Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the ;City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by. him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall be _ made available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in • subdivision (a) shall be made available for inspection or • furnished upon •request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the' Division of Apprenticeship Standards of the Department of Industrial Relations . (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that . requested such records within ten (10 ) days after receipt of a written request. Page 8 • (d) Any copy of records. made available for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated , in such ' a manner as to prevent disclosure of an individual ' s name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall, within five working days, provide a notice of a change of location and address. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10 ) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such ten (10 ) day period, the Contractor shall, • as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00 ) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due . (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. •(h) The director shall adopt rules consistent with the California Public Records Act, (Ch: 3 .5 (commencing with Section 6250) of Div. 7, Title 1. Gov. Ch. ) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775 .5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. • Every such apprentice shall •be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. • • • • Page 9 • • • • Only apprentices, as defined in Section 3077, 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 performing any of the work under the contract or subcontract, employs workmen in any. apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees,. subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications. for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards . The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section . • • The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen' stipulated in the apprenticeship standards. Upon proper showing by. the Contractor that he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less thanoneapprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor for the l-to-5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000 .00 ) or twenty ( 20 ) workin4 days or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than two thousand dollars ($2,000 .00 ) or fewer than five ( 5) working days . • Page 10 • "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion 'to grant a certificate, which shall be subject to the approval -of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are met: (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 . If der a public worksgncontractanwouldentice createtoa aconditiowork nerfowhichunwould 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 • When such exemptions are granted to an organization which' represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. • • A contractor to whom the contract is awarded, or any subcontractor under him, who, in performing any of the work, under th'e • contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund dr funds to administer and conduct the apprenticeship program in any. such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the Site of the public work are contributing, shall contribute to the fund or_ funds in each craft or trade in which he 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 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 t:abot' S€andards Enforcement is authorized to enforce the payment of. idchiddntributions to the fund or funds as set forth in Section 227. • • Page 11 • ' The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for .all apprenticeable occupations with the prime contractor. All decisions of . the joint apprenticeship committee under this section are subject to the provisions of Section 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 apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by Stat. 1976, Ch. 1179 ) 1777 .7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777.5 , such contractor shall: (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50 .00 ) for each calendar day of noncompliance. Nothwithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract progress payments then due or to become due such sum. (b) Any ' such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable .notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. _ (c) Any funds withheld by the awarding body pursuant to this 'section shall be deposited in the general fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the State. • The interpretation and enforcement of Sections 1777.5 and 1777 .7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats . 1978, Ch . 1249) It shall be mandatory upon the contractor, and upon any subcontractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. It is further expressly stipulated that the.Contractor shall, as a penalty to the City, forfeit twenty-five . dollars ($25.00) for each calendar day, or portion thereof, for "- each laborer; workman, or mechanic paid less than the stipulated ;DteVailinq rates for any work done under this contract by him or by • ; 4c�Any"subcontractor under work done under this Contract by him or by ,.•: ; anysdbcontractor under him; and contractor agrees to comply with - all provisions of Section 1775 of the Labor code. Page 12 • In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or , occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum • wage rate is herein specified, the Contractor shall . immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded. or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the • Industrial Accident Commission of the State of California. 23. 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 hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of ' completion. In event of the failure of the City's representative to furnish and deliver said certificates or any of them or in lieu • Page 13 • • thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City' s representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. 24 . PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, ' obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, , in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part• thereof, or in, Page 14 on, or about the same during its construction and before ' acceptance. 26 . CONTRACTOR' S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the date of acceptance of completion of this Contract by the City, the Contractor' will forthwith remedy such defects without 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 working day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. 728. ADDITIONAL PROVISIONS. None Page 15 STATE OFALIFORNIA r . :' .. State of... .. ..Y :.. I County of.-.!..... ! } // _ Q�S� On this. day of - p-t2in theyear, / before me, ts�- X :5.l.f �e /cr.—.., rPu ••• in and fo j ��-G/ County of � . . 5 - y/ ,State of California, personally appeared 6..22.t-.t.7J.-can't .61( e K. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person w ose name is subscribed to this instrument,and acknowledged that he(she or they)executed it. OFFICIAL SEAL IN SS Fy� ve hereunto set my hand and affixed my Offical Seal,in the i "(Ct., r PAT BOESIGER 3 �. ... A..r E�REOC 1e e2-€4 4----'County of the State of California the day and ' , •, NOTARY PUBLIC—CALIFORNIA 6 f year in this certificate first above written SANTA CLARA COUNTY p y My Cemmissmn Expires Jan.16. 1988 OP' neral) Notary Public in and fort d' County of the State of Californ' ce.#4- FORM 030-4242(7-82) Notary Public's Signature File: 96,422 •A • • .A 1• • • P.O . No. • IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and Year first hereinabove written. CITY OF CUPERRTINO Approved as to form 1/4/3 �0 72 • Mayor: 1/4/44:: City Attorney City Clerk: Date/' i y Clerk: • • CO RAC •Rt 5 l(EU c, •T • • • NOW Notary acknowledgment required. If a corporation, corporate seal and corporate notary - acknowledgment required. • Project, Name and Number:. 1985-1986 MISCELLANEOUS WATER MAIN REPLACEMENT • PROJECT 86-113 Contractors Name: VICKS PIPELINE - = ". _ These unit prices & extensions which total $197,296 base bid, & Contract Amounts $27,466.30 Alt. 2, to total TWO HUNDRED TWENTY FOUR THOUSAND SEVEN • HUNDRED SIXTY TWO" AND 20/100 DOLLARS ($224,762.20) 4:Contract°,Account Number:• 610-7001-953 = - - • • • • Page 16 v l.� e3e0erld � �' Otttg of Qopc lana 10300 Torre Avenue. P.O. Box.580 Cupertino, California 95014 Cupertino, California 95015 Telephone: (408)252-4505 • OFFICE OF THE CITY CLERK June 3, 1985 L. J. Kriich Pipeline Engineering Company, Inc. 326 Phelan Avenue San Jose, CA 95112 MISCELLANEOUS WATER MAIN REPLACEMENT - PROJECT 85-107 We are enclosing to you for your files one (1) fully executed copy of the contract for Public Work between the City of Cupertino and L. J. Krzich Pipeline Engineering Co. , Inc. along with your bid bond. The City Council of the City of Cupertino approved your contract at their regular meeting of April 15, 1985. Sincerely;— '1 DORO CORNEL US CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works • • CONTRACT FOR PUBLIC WORKS CONTRACT made on June 3, 1985 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and L.J. KRZICH PIPELINE ENGINEERING COMPANY, INC. • thereinafter called the CONTRACTOR. IT IS HEREBY AGREED by the parties as follows : 1 . THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: A. Plans and Specifications for MISCELLANEOUS WATER MAIN REPLACEMENT, PROJECT 85-107 B. Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate C. This Contract D. Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2 . THE WORK. The Contractor agrees to furnish all of the tools, : ' equipment, apparatus, facilities, labor, transportation, and. material necessary to perform and complete in a good and workmanlike manner, the work of Miscellaneous Water Main Replacement, Project 85-107 as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by : Mr. Bert J . Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, Page 1 4 • • MISCELLANEOUS WATER MAIN REPLACEMENT, PROJECT 85-107 • and which Plans and Specifications are identified by the signatures • of the parties to this Contract. it is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr . Bert J . Viskovich, Director of Public Works. 3 . CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of : One Hundred Sixty Nine Thousand Five Hundred Seven and 80/100 Dollars ($169,507.80) subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4 . DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6 . INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection .' by the City to all parts of the work, and to the shops wherein the. work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered tip' without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by ' the, latter. Should any such work be covered up without such ' notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, Page 2 deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9 . TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10 . TIME FOR COMPLETION. All work under this Contract shall be completed: on or before the expiration of forty-eight (48) working days after execution of the 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, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor' s' control, or by delay authorized by the City, . or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. • Page 3 11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall • • notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Contractor. .12. TERMINATION FOR BREACH,, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after . serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and 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 Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, • without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13 . THE CITY' S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services' . rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the' City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination 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 this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: 326 Phelan Avenue San Jose, California 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 communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16 . COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17 . CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100% ) of the contract price as security for the faithful performance of this Contract. The' Contractor shall also furnish a separate surety bond. in an amount at least equal to one hundred percent (100% ) of the contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney' s fee to be fixed by the court in case suit is brought upon the bond. Page 5 18 . INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor' s coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this Contract shall also contain an endorsement providing that thirty (30 ) days' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. • (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER' S LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract Worker' s Compensation Insurance and Employer' s Liability Insurance for all of his employees employed at the site of the project and,in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker' s Compensation Insurance and Employer' s Liability • Insurance for all of the latter' s employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker' s compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. "' (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also including what are commonlyknown 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 Page 6 Property Damage Liability Insurance in an amount not less than - $200 ,000 .00 . The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 19 . HOLD HARMLESS. The Contractor will save, keep, and hold harmless the City and all officers, employees, and agents thereof from all damages, costs, or expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement 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 constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, work performed by employees of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00 ) for each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. Page 7 The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar day and each calendar week by all laborers, workmen, and mechanics employed by him in connection with the work contemplated by this Contract, which record shall be open at all reasonable hours to the inspection of the City of its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21. WAGE RATES . Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. 1776 . (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis : (1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations . (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten (10 ) days after receipt of a written request. Page 8 (d) . Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of the Contractor awarded the , contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall, within five working days, provide a notice of a change of location and address. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10 ) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such ten (10 ) day period, the Contractor shall, as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. (h) The director shall adopt rules consistent with the California Public Records Act, (Ch. 3 .5 (commencing with Section 6250 ) of Div. 7 , Title 1. Gov. Ch. ) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div . 3, Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch.. 1249) . 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. Page 9 Only apprentices, as defined in Section 3077 , 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 performing any of the work under the contract or subcontract, employs workmen in any apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards . The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the Contractor that he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may . grant a certificate exempting the Contractor for the 1-to-5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000 .00 ) or twenty ( 20) working days or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than two thousand dollars ($2,000 .00 ) or fewer than five (5) working days . Page 10 "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are met: (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 When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or any subcontractor under him, who, in performing any of the work, under the contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contributing, shall contribute to the fund 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 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 . Page 11 • The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. All decisions of the joint apprenticeship committee under this section are subject to the provisions of Section 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 apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by Stat. 1976, Ch. 1179) 1777 .7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777 .5, such contractor shall : (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50 .00 ) for each calendar day of noncompliance. Nothwithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract progress payments then due or to become due such sum. (b) Any such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. (c) Any funds withheld by the awarding body pursuant to this section shall be deposited in the general fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the state. The interpretation and enforcement of Sections 1777.5 and 1777 .7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats . 1978, Ch . 1249) • It shall be mandatory upon the Contractor, and upon any subcontractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. It is further expressly stipulated that the Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25.00 ) for each calendar day, or portion thereof, for each laborer, workman, or mechanic paid less than the stipulated prevailing rates for any work done under this Contract by him or by any subcontractor under work done under this Contract by him or by any subcontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. Page 12 In case it . becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 22 . ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed . Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23 . 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 hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of completion . In event of the failure of the City' s representative to furnish and deliver said certificates or any of them or in lieu • Page 13 thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10 ) days thereafter, the same shall become due and payable. In case the City' s representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. 24,. PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and 'Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25 . CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God . NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify the City for any damage to the work caused by an Act of God . "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, inany way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in., • Page 14 • ort, or about the same during its construction and before acceptance. 26 . CONTRACTOR' S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract., unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the date of acceptance of completion of this Contract by the City, the Contractor will forthwith remedy such defects without 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 ($50.00) for each and every working day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. 28. ADDITIONAL PROVISIONS. None Page 15 STATE OF CALIFORNIA On this 24th day of May in the year one thousand nine hundred and_85 before me,...Barbasa..W.....Gibson rI COUNTY OF...S.dzld...Gla.>;d a Notary Public, State of California, duly commissioned and sworn, personally appeared John L. Krzich e known to me to be the President of the corporation described in and that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same OF have set my hand my 2 �kr � O ftAL t, seal in WITNESS ty o�San Jemmyofhereunto Santa Clara the aJ(ixedthe dayofficial and a1 2 Fr- l f BAROgIc t. SggL w year in this certificate fi t above written. (,/ D 2 ;- i` NOIAgt 0 t,C.. GIBSON p1 r IGle Id• i&/-teeter?. �/..�C 7 SANTAB 4 CAtst0 l O Notary Public,State of California cl M .. CuCLARq COUNTY v ,Y Cornmissron Ex ��aJJa- cx±j ns�_svcu24, 19$g tics Cowdery's Form No.28-Acknowledgment Corporation(C.C.Secs. 1190-1190.1) Printed 5/72 y . P.O . No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CIT OF U E TING I Approved as to form ‘C/..-:1:00-4.44%/9 � ;or: ��///l0 LTJ" 9 City Attorney City Clerk: Date/City Clerk: -75147? CONTRACTOR: L.J. Krzich Pipeline Engineering Company, Inc. r By: Notary acknowledgment required. If a corporation, corporate seal and corporate notary acknowledgment required. Project Name and Number: MISCELLANEOUS WATER MAIN REPLACEMENT, PROJECT 85- 107 Contractors Name: L.J. Krzich Pipeline Engineering Company, Inc. Contract Amount: One Hundred Sixty Nine Thousand Five Hundred Seven and 80/100 Dollars ($169,507.80) Contract Account Number: 610-8531-973 Page 16 SET TAB STOPS AT ARROWS Of ® CERTIFICATE OF INSURANCE ISSUE DATE(MMIDD/YY) 5/13/85 AMINE BROKER GS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS CI NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corroon & Black COMPANIES AFFORDING COVERAGE 50 California Street San Francisco, CA 94111 COMPANY A Tel: (415) 981-0600 LETTER Western a1.lo ers Insurance Con Dan COMPANY B INSURED COMPANY c L. J. Krzich Pipeline LETTER Engineering Company, Inc. 326 Phelan Avenue COMPANY CETTPD San Jose, CA 95112 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED .— NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER ICY EFFECTIVE POUC WIRATION - LIABILITY UNITS IN THOUSANDS DATE(Cp OW° DATE pntvonl EACH _, OCCURR NC AGGREGATE GENERAL LIABILITY BODILYU $ $ F COMPREHENSIVE FORM GL 43 0984 35032 9/1/84 9/1/85 PREMISESIOPERATIONS PRODAMAPERTY $ $ • E UNDERGROUND COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS mBBI CONTRACTUAL* COMBINED PD $SLID $ 500 INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $500 AUTOMOBILE LIABILITY OILY F $ ANY AUTO BA 43 0984 35032 9/1/84 9/1/85 ALL OWNED Auras(PRN.PASS.) V ALL OWNED Auras( PP 55. $HIRED AUTOS OROPAGETY $ NON-OWNED AUTOSGARAGE LIABILITY m e PD COMBINED $500 I ■ RELLA FORM COMBINED $ _ $ _ . - _ OTHER THAN UMBRELLA FORM BI 8 PD STATUTORY WOAXERs'COMPENSATIOHCA FIC 43 0185 26119 1/1/85 1/1/86 $ 111 (EACH. :ACCIDENT) AND ffliffir 1 -1 A II EMPLOYERS'LIABILITY CA _ _$ 1 11 (DISEASE-EACH EMPLOYEE) I OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS The term Certificate Holder, wherever'used in this Certificate of Insurance, means: City of Cupertino, its officers and employees. Comprehensive General Liability - The Certificate Holder is an Additional Insured solely as respects work performed by or for the Named Insured in connection with misc, water main replacement, Project 85-107. Such insurance as is afforded by this Policy'is primary insurance and no other insurance of the Additional Insured w 11 b- c: 1-. .,. . - . . - CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City of Cupertino PIRATION DATE THEREOF, THE ISSUING COMPANY WILL 0 , ; . ; . 10300 Torre Avenue MAIL 4O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDS'"''I°l'4'tt;`Y r• Cupertino, CA 95014 ° Y91•�J1_:i,>V"-4141-.:,4 l;Ynet 1.Vi Ie+ V'1rS. .N'1i4, •;iAiN`i +finTii{_J.LE:";ti.Oi1{I1LV.0 IIL-0I41 -:ku:1i,11i- ': : OVYT•VI'4,•1i1,•,,i1ri1;1,/,Y,Y,Y,Y,Y,1.Y,Y,Y.0,Y,1A:I.Y.1...icYbYW111661.e.eeewel. AUTHOR®REPR - Iu ACORD 25 (2/841 ^ IIR/ACORD CORPORATION 1984 State of California, ) ) SS. . • County of San Francisco ) On this 13th day of May , in the year 1985 , before me, a Notary Public personally appeared Terry J. Moughan known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-In-Fact of GREAT AMERICAN INSURANCE COMPANY , and acknowledge to me that he (she) subscribed the name of GREAT AMERICAN INSURANCE COMPANY I thereto as Surety, and his (her) own name as Attorney In Fact. �t OFFICIAL SEAL lah` 3 CYNTHIA L. LEWIS , - 1 b*, NOTARY PUBLIC-CALIFORNIA L / • lav��� , -� City and County of SAN FRANCISCO / ..401/ . r My Commission Expires Jan.20,1988 / Notary Pub is 4 •. .. v ... ...v-...--.. ......,-w -- • 1 STATE OF CALIFORNIA On this 24th day of May in the year one thousand nine COUNTY OF Santa Clara 1 ss' hundred and 85 before me, ...Barbara..'A.....Gib.spn • a Notary Public, State of California, duly commissioned and sworn, personally appeared John..I,_..Krzich known to me to be the President 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 �XaGV, same �p� IN WITNESS WHEREOF I have hereunto set my hand and affixed my official < C ; wt7 seal in theCitY...P...S.dn J8f3nf ofSa t. a a the day and 19 �ypa. op c4 y ��nfa..Gk...x o ` �,cl M VN• NoB4R8r A� LqL SE.44 dtL year in this cerfifi ate • l oboe L,G/ �'�`^"� ^' �R Akr W. L u V �`'CG aririaa £k rA Cr-4114-Cgt�F�N Notary Public, State of California C 4`t' :Y;i-'red Jerre ?CQUN,m 8 cuc�'Lviy ? 1988 g Executed in Duplicate Bond No. 6 68 28 05 Premium: $2,034.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, L.J. KRZICH PIPELINE ENGINEERING COMPANY, INC. as Principal and GREAT AMERICAN INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of One Hundred Sixty Nine Thousand Five Hundred Seven and 80/100 Dollars ($ 169,507.80 ) 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 CITY OF CUPERTINO, CALIFORNIA to do and perform the following work to-wit: MISCELLANEOUS WATER MAIN REPLACEMENT, PROJECT 85-107 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 13th day of May , 19 85 (To be signed by Principal and Surety and acknowledgment.) L.J. KRZICH PIPELINE ENGINEERING -COMPANY, INC. By ' ` Pr' cipa 4 GREAT AMERICAN IN som CO s,; Y Surety By: , /1 It JL�f L�// I _ Att•rn-;jr act , J. Moughan The above bond is accepted and approved this d. '/� , 19_ Executed in Duplicate Bond No. 6 68 28 05 Premium: Included in Performance Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and L.J. KRZICH PIPELINE ENGINEERING COMPANY, 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 GREAT AMERICAN INSURANCE COMPANY as Surety, firmly bind ourselves , our executors, administrators , successors and assigns , jointly and severally, unto the City of Cupertino, and any and all materialmen, persons ,, companies , or corporations furnishing materials , provisions , provender or other supplies used in, upon, for or 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 One Hundred Sixty Nine Thousand Five Hundred Seven and 80/100 ($ 169,507.80 ) . 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. STATE OF CALIFORNIA On this 24th day o/ May in the year one thousand nine U. hundred and 85 , before me, Barbara W. Gibson COUNTY OF...S.anta..f~].aza a Notary Public, State of California, duly commissioned and sworn, personally appeared J.O.11ri....TrA...K>;&S.Rril known to me to be the Ex es.ic1 xlt 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 IN WITNESS WHEREOF I have hereunto set my hand and affixed my official CZ Mae i seal in ll(e?.t}.' of,,,$4r}...J.9$libunly o/.$al1t ...G�dra the day and P a x_41_ OFFICIAL SEAL g year in this certificate fi above tynllen. / BARBARA ua W. GIBSON `� ` lee),. ryl/— NUIi%r YUELIC•CALIfURNfA lsi. .rc.✓.. ' . SANTA CW to COUNTY Notary Public,Stale of California ,E My Commission Expires June 24, 1988 ay r State of California, ) ) SS. County of San Francisco ) On this 13th day of May , in the year 1985 , before me, a Notary Public personally appeared Terry J. Moughan , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-In-Fact of GREAT AMERICAN INSURANCE COMPANY , and acknowledge to me that he (she) subscribed the name of GREAT AMERICAN INSURANCE COMPANY II thereto as Surety, and his (her) own name as Attorney In Fact. 4 OFFICIAL SEAL a ISI CS CYNTHIA L. LEWIS• NOTARY PUBLIC-CALIFORNIA /i 4 44`, / City and County of SAN FRANCISCO i ..� I.My Commission Expires Jan.20.1988 / otary'Pu.lic ___ I I 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 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 13th day of May , 19 85 . L.J. KRZICH PIPELINE ENGINEERING„COMPANY,'INC: (To be signed by - ° Principal and Surety By and acknowledgment Princ' .a • and notarial seal attached.) GREAT AMERICAN INSURANCE COMPANY Surety ie • • By: . 1/iI A Air Atto ey act", Te r J. Moughan The above bond is accepted and approved this day of , 19_ • GEM ANER1CAN INSURANCE COMPANY The number of persons authorized by 12557 this power of attorney is not more than No.0 TEN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named • below its true and lawful attorney-in-fact, for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name • Address - Limit of Power J. M. ALBADA JACK M. WOODRUFF, JR. ALL OF ALL ROBERT P. DAVID JOHN R. LAMBERSON SAN FRANCISCO, CALIFORNIA UNLIMITED CYNTHIA L. LEWIS FRANK M. HAGAN KEVIN W. MCMAHON H. J. TRAINOR TERRY J. MOUGHAN SHEILA O'CONNOR This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 23rd day of January , 19 84 Attest GREAT^"AM.ERICAN INSURANCE COMPANY AAA.) "" ' 1-2- 1-kk CcilLA-P"-t5b-A.._-/1 Secretary Vice President STATE OF OHIO,COUNTY OF HAMILTO —ss: On this 23rd day of January, 1984 ,before me personally appeared ROBERT M.SCHUDER,to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. /._.:77 ; ItATNY ZIELASKO /fa4 ��'c . , i_ � NOtary PaG4c, _talc or Ohio f • Iiy Lon.:Jsslcn txpiren JW. 6. mg This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute in behalf of the Company, as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. • CERTIFICATION I, KAREN HOLLEY HORRELL, Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. - Signed and sealed this 13th day of May , 19 85 . sem? • t^" J Secretary 5 1029J (8/83) -