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84-059 Sweeney & Son's Inc., Wolfe Rd Median Modification- Contract for public works; Project No. 84-102. CONTRACT FOR PUBLIC WORKS CONTRACT made on July 16, 1984 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and SWEENEY AND SONS, INC. , hereinafter called the CONTRACTOR. IT IS HEREBY AGREED by the parties as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: A. Plans and Specifications for Wolfe Road Median Modification, Project 84-102 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. Ill caseof 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 Wolfe Road Median Modification, Project 84-102, 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 r- • Wolfe Road Median Modification, Project 84-102, 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: NINETEEN THOUSAND NINE HUNDRED TWENTY-ONE AND 80/100 DOLLARS ($19, 921.80 ) 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, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with. all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the • work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, • Page 2 deviations, additions or omissions from the 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 TWENTY-FIVE (25) WORKING DAYS AFTER APPROVAL 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 MARE 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: P. 0. BOX 547, CAMPBELL, CA 95008 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 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 anamount not less than $200,000.00. The City and its officers and employees, shall be named as additional insuredson any such policies of insurance, which shall also contain a provisionthatthe 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 andforty 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 calend'ar 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 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, 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. 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 Page 9 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 arrangefor 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. "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in Page 10 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. 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. Page 11 • 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, andreasonable 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 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. 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, Page 12 • 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 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 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. Page 13 • 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 asbetween 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 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 Page 14 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 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 18th day of July in the year one COUNTY OF Santa Clara thousand nine hundred and Eighty—Four • , before me, Linda Ferrick , a Notary Public, State of California, duly commissioned and sworn,personally appeared John Sweeney known to me to be the President of the corporation Ci; -- 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 Ihave hereunto set my hand and affixed my official seal in the County of Santa This document isonyegeneral farmwhichmaybeproperforuse Clara the day and y in-t 's certifi iTrotahov Item This iusimple utefor the transactions adviceand in noway acts.e ublisher dcc act.as ` .// A A ( // substitute for Neadviceolanatlomey.The publisherdcesnot make any warranty. (/�-"' i�l( /1 I:f/U�/ either expresser implied,as to the legal validity of any provision or the suitability of Notary Public, State o California these forms in anyspecifictransactiory Cowdery's Form No.28—Acknowledgement My commission expires 4/9/85 Corporation(C.C.Secs.1190-1190.1) P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO Approved as to form g1 ct .. . May, / ' I e / A// 416re .Z� y A to eel?' .r t er : ' i Date/jo€tn clerks' SWEENEY & SONS, INC. , bONTRACTOR:ac%4,17_ 1By' John C. Sweeney Notary acknowledgement required. P1(resident If a corporation, corporate seal and corporate notary acknowledgement required. Project Name and Number: Wolfe Road Median Modification, Project 84-102 Contractors Name: Sweeney and Sons, Inc. Contract Amount: Nineteen Thousand Nine Hundred Twenty-One and 80/100 Dollars ($19, 921. 80 ) Contract Account Number: 110-678-953.000 Page 16 i. C SET TAB STOPS AT ARROWS Of CERTIFICATE OF INSURANCE '8- 13 84M"°°°"" PRODUCER - ,THIS CERTIFICATE IS ISSUED AS-A MATTER OF INFORMATION ONLY AND CONFERS "REV IS E D D a - :NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, THE FLAMER COMPANIES 'EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW" ' 330 Distel Circle. - - Los Altos, CA 94022 CITY OF CUPERTINO - _ COMPANIES AFFORDING COVERAGE PUBLIC WORKS ' AU )98/� CL,,;ER"Y A : Fireman's Fund -- San JoseG 1 T 'Wm • COMPANY g . Royal Insurance -- San Jose • INSURED LETTER SWEENEY & SONS, INC. COLETENRJY a • P. 0. Box 547 Campbell , CA 95009 - COMPANY D . - COMPANY E LE COVERAGES THIS IS TO CERTIFY THAT POLICES 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. TONS OF SUCH POLICIES. E. TYPE OF INSURANCE POLICY NUMBER- - F011L1'RIfLTIVE "E%RflATDN LIABILTTY-LIMITS IN THOUSANDS E. DATE(AAAAIBMY) OATS(MWDOM1 EACH AGGREGATE OCCUR'= e- GENERAL LIABILITY . BODILY• INJURY $ - $ © COMPREHENSNE FORM • ig PREMISES/OPERATIONS • P $OAMAOE $ ® UNDERGROUND - EXPLOSION&.COLLAPSE HAZARD ' A © PRODUCTS/COMPLETED OPERATIONS MXX 491 92 63 7-01-82 7-01-85BI& © coWr cTUAL COMBINED $ 500 $ 500 ® INDEPENDENT CONTRACTORS _ - . ©BROAD FORM PROPERTY DAMAGE © PERSONAL INJURY - PERSONAL INJURY $ AUTOMOBILE LIABILITY - - HOLY ND1Y $ is ANY AUTO - P (IIS RTGY-0 A in ALL OWNED AUTOS(PRN-PASS.) MXX 491 92 63 - 7-01-82 7-01-85 NI,RYY a ALL OWNED AUTOS(PSE PA ..) - - malP!»m10 $ aHEED AUTOS NON-OWNED AUTOS DAMAGE $ 500 ■ GARAGE wow , BI&PD th INED 4/ ■ _ ' I El UMBRELLA FORM■ OTHER THAN UMBRELLA FORM COM WED $ $- - STATUTORY WORKERS'COMPENSATION - U 1 DD (EACH ACCIDENT) AND EMPLOYERS'LIABILITY RCS 118160 7-01-84 7-01-$5 (DISEASE-POLICY LIMO) • $ (DISEASE-EACH EMPLOYEE) I OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS - - Additional Insured: The City of Cupertino, Its Officers and Employees (See Attached) - Job: Wolfe Road Median Modification (Project #84-102) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED! QF,X- CITY' OF CUPERTINO PIRATION DATE THEREOF, THE ISSUING COMPANY WILL LL DKK P. 0, Box 580 MAIL if•' S DAYS WRITTEN NOTICE TO THE CERTIFI TE HOLDER NAM D TO THE Cupertino; CA 95015 .;. ",•i,..:�isissisi'M \ . ` 1 `(' zAttention: Kitty AUTHORIZED R •RE• ATIVE 44 2V"J '4 . i-'s J. Lenihan ACORD 25 (2/841 " IIR/ACORD CORPORATION 1984 CL2 (1he AItubing CUule need be completed only when thismany' 'Tent Is issued subsequent le reparation DI the De111.1 11/77 Citi .,a., LIABILITY ISO C116 _ ADDITIONAL INSURED (Owners or Contractors) . :La 1 rf This endorsement modifies such insurance as is afforded I.; the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE -.';;.H MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE L' e • This endorsement, effective July 31 , 1984 , loans a part of policy No. MXX 491 92 63 ;; t''p: 112.01 A.M,standard lime) , Y ; f' issued to: SWEENEY & SONS, INC. by: FIREMAN'S FUND INSURANCE CO. ...• .4t dl; t �� + a. ... "'l.2%1e• 9 i-� ,4-- ""iv" s'3 • 'd '',1I 'I,/4'1 rdile r s n In/ lT •r.`. 11 JaesJ. Eghlan IP ?ti; Schedule ,h, I ar Name ol Person or Organization I • •r"'' �ti (Additional Insured) 1Location of Covered Operations and job numb' ' - ,° CITY OF CUPERTINOz_ITS OFFICERS & EMPLOYEES Location Median Modification (84-110'4)< h Premium Bases Rates . Advance Premium ; Bodily Irqur). Liability Cost $100 of cos(' S ,• ,'h Property Damage Liability 'Cost $100 of coil Siai Total Advance Premium $ , II is agreed that. 1 The "Persons Insured" provision is amended to include as an insured the person or organization named above (here nailer called "additional insured"), or but (2)tactsloh rroespect to m ssiq scot the additional out inssured in con1) nons ection onrlwithed hissot the general supervision oftional ed such ope named erations ons insured at the location designated above 2. None of the exclusions of the policy, except exclusions (a), (c). (I). (g), (0, (I) and (m), apply to this insurance. 3 Additional Exclusions This insurance does not apply: , (a) to bodily injury or property damage occurring alter (I) all wort on the prosect (other than service. maintenance or repairs) to be performed by or on behall of the additional insured at the site of the r-J covered operations has been completed or ;ids (2)that portion of the named insured's work.out 01 which the 'Noy or damage arises has been put to its intended use by any person or organization RF;• other than another contractor or subcontractor engaged in perlorming operations for a principal as a part.of the same protect. • I,+. (b)to bodily injury or property damage arising out dl any act or omission ol the additional insured or any of his employees,other than general supervision , it of work performed for the additional insured by the named insured; (c) to property damage to . »,, (II property owned or occupied by or rented to the additional insured. IF, (2) property used by the additional insured, y purpose exercising physical(31 property in the care, custody or control of the additional Insured or as to which the additional insured is for an control. or (4) work performed for the additional insured by the named insured 4 Additional Definition When used in reference to Ihn insurance. "wort'' includes materials, parts and equipment furnished in connection therewith. • .:c.; 5. Other Insurance - Subject to all other terms and provisions of the polipy+, ''such 9k '.' insurance as provided by this Endorsement shall be deemed primary, but only with'. ,,* respect to work performed by or for the Named insured in connection with the r ; above described contract. . . it Endorsement No. .. •. { LABOR AND MATERIAL BOND I I • Bond No. 2 392 785 Premium - $239.00 KNOW ALL MEN BY THESE PRESENT: • • WHEREAS, the City of Cupertino, State of California, and s ' THE OHIO CASUALTY INSURANCE COMPANY hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors , shall fail to pay for any materials, provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and THE OHIO CASUALTY INSURANCE COMPANY as Surety, firmly bind ourselves , our executors, administrators , successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons , companies , or corporations furnishing materials , provisions, provender or other supplies used in, upon, for or about the per- formance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and all persons, companies or corporations lend- ing or hiring teams , implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of Nineteen Thousand Nine Hundred Twenty-One and 80/100 Dollars \ ($ 19,921.80 ) . THE CONDITION THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors , heirs , executors , administrators, successors or assigns, shall fail to pay for any mat rials , 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 2nd day of August in the year one thousand nine COUNTY OF Santa Clara ss. hundred and Eighty-to Linda me, Linda Ferrick a Notary.Public, State of California, duly commissioned and'sworn,personally appeared John Sweeney n) "l N., "fI',,� known to me to be the person whose name subscribed to the within v f c % instrumentand acknowledged to me that he executed the same. IN WITNESS WHEREOF have hereunto set my hand and affixed my 'r,`, °, official seal in the County of Santa Clar-we day and year in this certificate first above writ n. otary Public,State of California . My commission expires April 9, 1985 Cowdery's Form No.36—Ac(C.C.Sec. 11891 STATE OF CALIFORNIA COUNTY OF SANTA CLARA ae • On this 16th day of July , in the year 1984 before me, Debi Palrang , a NOTARY PUBLIC in and for said (Notary. Name) State, personally appeared Idabelle Mill 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 of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl- edged to me that he (she) subscribed the name of THE OHIO CASUALTY INSURANCE COMPANY thereto as Surety and his (her) own name as attorney-in-fact. Q• 1 . Notary Pub% and for said State 7 OFFICIAL SEAL My DEBI PALRANG Commission Expires r ti”y110PNCBu omcEEINEORN A. SAWA CLARA COUNTY My Comm.Expires Nov.20,1987 , Debar 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 16th day of July , 19 84 SWEE Y SONS, IN . (To be signed by Principal and Surety S /l and acknowledgment o and notarial seal attached.) THE OHIO CASUALTY INSURANCE COMPANY Surety - • • /_ By° Nsira,a • ttorney-in-Fact Idabelle • The above bond is accepted and approved this day of ' , 19_ A � Y CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY IRSURANCE COMPANY • Hada atrsta Ka131.7CK cico No. 14-150 Lunn All An lig Wu Fn./snit Tot THE OHIO GtiSUALry DOSURANCE COMPANY, b Formats., d authority trauma by Article VVI. Seer 7 of d. By•Lns .1 aid Company, doer bomb; .omiaat., cn.titeta ad appoints Arthur C. Carmichael or James J. Lenihan or .� Los Altos, California - - - ;dabelle Y1 or Gary P. Shearer um fb tn. and bon/d d ante asz attorney � -fs set, to snake, s:.carta, veal sed d.Lnr ler sad as W al surety, and a. to w sad a BONDS, UNDERTAKINGS, ad inOGNIZ&NCFS, as uc..ding in any sinal.'fa.tan . ONE JCLLION (S 1 ODD 00.00 - ) Data a &aa Latest, say lodsa (s) or sad.rtaklag(.) frnar..dnp S. payment .7 sou. Worse thorns Ad t1e a.oatisa at weak Intl. at adertakfnp Ia porsonce of dem promote soV bis as spot aid Co a! l.Dj sd amply, is a8 Seam sad parpoey a. V Cloy lad boon enb n.cutsd and odor .d b7 a. nguV� .tw.d .Score if t6. G+mjoq at b neer la Hamdtoa, Obis, In eb.ir ova proper person Thm oatloriy panted►.rounder stpenedss say preview .atlority heretefere granted tie above tamed ertorney(s)-edea. Ul t. . ia SSS WHEREOF, S. sndarsuesd .Ewer of tie .aid The Ohio Casualty Loran Compaq Las tern ado wahecra.ed bio acme and af5a.d the Carports Seal el d. • SEAL . mid Tie Oiio Camey Innrssc. Company Si. 6th dy.f July If 76 (fid) Richard T. Hoffman STATECOUNTY mn f et Assistant Secretary Oa tide 6th day a July A. D. If 75 Were S. relecrmer. . Notary Public of ti. Stat. a Ohio, Is sad for S. County al Butler, deli cemmi..ioe.d and tsaliE.d Baas Richard T. Hoffman, Assistant Secretary - sf THE OHIO CASUALTY INSURANCE COMPANY. to as cres.Db bloom to bm tb. bdrridua!and ;Mot described I, and wbo executed Si preceng iaetrument, ad I. acow- eed the emotion .f du an,, sad b.taa by ase duly worn i.aertS sad akk. tot is is tie .f5..r a do Cemp.y aforesaid. and that de sed sAsed is S. pnudiag ta.traanst i. a Corporate Seat of aid Company.and the mid Corporate Sal and his signature as .Eur ware dstr s1s.d and.nb.erebed to to said mstrsm.at by the authority and diroetios el d. aid Corporation. IN TESTIMONY WHEREOF. 1 ham Lsn®to at ay Lad ad MEted ay OEeid vr 44' Sal at the City of tlamDt.a Stat. of Ohio, d. day sd no first shots writea • I� __ WI)"m bWI)"%•t.r� NF Notay Public Is ad for Cony .f Butler. State d Cl i. Cmmmis.ioa .opine. per 9. 1976 . This poor of atnrsy i pasta oder sad by saloeiy a Article V!.Soda of at Byte n d de Cowry. adopted by ba anon ea April 2. 1954, atna. ha .lic6 tale aARTICLL yr - sSea 7. App bd.ea d Asseetaset,aae. "T . eSairnan of ti. %tart de prearL say vie+praeiddeat. to aeay erOT say oleo .arrayshall d shall Is a1. Lereby rod with NI power ted rity r appoint ansrnq..a-taa Far de roper of •ig•Nag tl. mos of d. Cwpay a. .surety es, Lad to meet., start do arporat —L .cknookstim of dell , sayso Iso and ead. aw at bSNoss, eadrrtatap es oder lastrmoos. d serey lip sad pads. d boogime In favor of anyilridaaL Sm rrp.neern, .r the WNW raprrentative eland, en is say smarty ea m��r/Off.Edd board n hart el sway az Sate,ea de United Sato dma Aeia, or to any .der political u . Tbb brow IN dined sad add ti faceimEs as sadarbed by Si faints P—®a adopted by do eeaon d tSo Capon a Lily 27. I975, •'RESOLVED tot de dodo of ay was d the C.apay mamba by Amid.VI Sees i of the trine to appoint amen r het, to Spare d tL.Seamy a y Anibal S.soaa ..fArii r to an.e is bar.. a Oar la Loafj and SO ay 1 a S. Cap try Si and by hems.s non new id Ba nay .r eery and r i. aafd d C•'Yy. Seel � a tar as nodal aveLoby anted by tie Copan as rye ye sad ash Sofia, !a to Cathay mid d. sea. Sato.sad.Sea a dont s ally a�aad' CERTIFICATE t ales ai. and Assort S.vaay d TL.ow Cara* ba.aaads lordry � topow t Side f rage ag p d amseney. Artku Ja VI Sues 7 a to by—.. of Si Garay sad de sins�ea,.a.1o.. d b Bari d Dineen .n tar tad ono apes sad an 6 INT Iver sad alba ea S.In.. IN WITNESS WHEREOF, I I.w L.r.aa at ay Load ed the ..al of tie Copay die 116'sky d July A. 0. If 84 SEAL W ///"'iii ICE-- • itia" Aarisant Berman / STATE.OF CALIFORNIA On this 2nd day of August in the year one thousand nine COUNTY OF Santa Clara }ss. hundred andEighty—four before me, Linda Ferrick a Notary Public, State of California, duly commissioned and sworn,personally ' appeared John Sweeney t t , • , - known to me to be the person whose name subscribed to the within '' instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my ( official seal in the County of Santa Clara the day and year r - in this certificate first above writte ' r4.. ` . otary State of California My commission expires April 9, 1985 Cowdcry's Form No.36—Acknowledgement-Gcner.ti (C.C.Sec.1189) wuN1Yor—S-ANTA–CI:A-RA J On this 16th day of July , in the year 1984 before me, Debi Pahang , a NOTARY PUBLIC in and for said )Notary'. Name) State, personally appeared Idabelle Mill , 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 of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl- edged to me that he (she) subscribed the name of THE OHIO CASUALTY INSURANCE COMPANY thereto as Surety and his (her) own name as attorney-in-fact. N • Notary Publikffi and for said State �. OFFICIAL SEAL SFI , DEBI PALRANG • MyCommission Expires II',.. '1.' I NOTARY POBLIQ CALIMiq P `.;rl y vamps A&ACM C '� SAM CIAAA CORM My Comm.Expires Nov.20,1987 • FAITHFUL PERFORMANCE BOND . Bond No. 2 392 785 Premium - Included KNOW ALL MEN BY THESE PRESENTS: • THAT WE, SWEENEY a SONS . INC. as Principal and THE OHIO CASUALTY INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Nineteen Thousand Nine Hundred Twenty-One and 80/100 Dollars ($ 19,921.80 ) 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 July 16, 1984 with the Obligee • to do and perform the following work to-wit: Wolfe Road Median Modification, Project 84-102 • .' 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; otherwiseto remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 16th day of July , 19 84 . (To be signed by Principal and Surety and acknowledgment.) SWEENE 8 SONS, III . by' . ,f - ' AI Pr. ncipal . /'HEI HIO CASUALTY I fr S ANCE CO. Sure ' ' ' ' Attorney-in-faet. By: Attorney-in-Fact The above bond is accepted and approved this day of , 19_ ti CERTIFIED COPY OF POWER OF ATTORNEY m i OHIO CASUAL'T'Y INSURANCE COMPANY �:• MOM ala KAaa.TOat woo No. 14-150 Know All Sit hp M_i1rsy Arrsrntt That THE OHIO CASUALTY Pautu E COMPANY. 6 aaw yoroo d authority prsat.d by Article VI Sunny 7 d tlo By-Lan al aid Company, dem Lend* aemin.ts, constitute sad anent; Arthur C. Carmichael or James J. Letihan or Idabel', Mill or Gal( P. Shearer d Los Altos, California - - - bm trs sae b apart ma amore" - Swat, ee aaak.h as.cate, .a? and deter Par tad ea ea behalf ai nutty, sad so b .a sad dad say sad all POLOS. UNDERTAKINGS, sed,RLCOC3 QANl_3. sot asce.diag b any aingl. Siena a ewwar, say lead . sr sad. (sa4000,0Q0.00 ih.rna - ) Dam. ONE taLL,ION clo�ap ► ( ) rskia�G) pvatrae..;pp �. payment d new .rtrs Aad tls aecuthe d reek Enda ar uadortakfap b punnets d tire prewar& .hr be a. Isiattng span aidmpsq a and scams a sE EatenEatenEatensad parpew, m i day bad been dulya:. t.d and acknowledged �b .d by the * .heated aEe n sit the Cempasy as Its allo. L H.miltea, Olds In flair awn proper panne. Ti.authority granted har.oader expand.s may prosiest aetlority b.r.tefon granted S. ninon armed attoraq(o)-b-hat. Lal 1e la WTiNESS.WHEREOF. the mnd.raigsod .Sc., d ti. aid Ti. Ohio Cand ''` Swann Cempsay lar lsraunto eub.crtb.d lie same sad aEsad the Corporate Seal d S. • SEAL said TL Olio Cantlty tent abet Company thin 8th day d July IP 76 ( ed) Ri47tard T. Hoffman STi1 � ' tidOF OHIO. Assistant Secretary Oa dile 8th day a July A. D. If 76 !.fan Se ab.crEae, a Notary Pal & d tit Stat. of Ohio. int and hr tie County d Butler, dab mmmirioaed tad sualid.d, nae Richard T. Hoffman, Assistant Secretary - d THE OHIO CASUALTY INSURANCE COMPANY, a as woralty !mows to b th. bdrridual amyl slicer described b. and 'who as.cnt.d S. pretesting b. ceng iaatrument, Lad stow. d tl. a.coticn of tie ase, sad Wag by as duly ewers dco.atl sad rein, tat Is b the oScor d Ss Cempa y s lorwaid. mad that dr and aEt.d a tle precersag hatramat b a Corporate Sealed aid Campsny,sad the aid Corporate Ileal and hit signature aa dicer were dab aired sad .eb.cr*ed to A. aid m.ttruuat by the authority and direction d S. aid Corporation. M TE.STHONY WHEREOF, I las Lr.®to est ay had and and toy Mai r s �• u4 Seal at tie Cimtltad at H. tea. Stat. of Ohio, the d yErre oboes writes e • (Signed) �rothv Bihee • '{F Notary Public in tad for County d Burls, state d Osis Sly Commia;on epics. SCSIMber 9. 1976 Tile paver of attorney it granted made, mad by atrti.rhy d Article VI, Inches 7 d tL Sy-Law. d a.Camlaq. adopted by be&nesosa a Apra 2. If3<, amen. Ina elicit .aad, -ARTICLE VI" "Scam 7. Appabsasat d Ala arsda.al at. 11. &airman d St loard, S. Pendent. any vies-flank S. awmary sr say si®.tant secretory cabal L sad Is hereby .mated vitt Lu! parer sad .clarity r appoint smra.ys-Ia-hot e.r Neo perpese d sigaisg to man of the Capaq so mercy tau had to manatq mtmr] S carports eat sc&.cwl.dpm sad deliver say Lad of bead.. oacsgrdsaas stbml.tiomr, ead.naliap m ether bstramata d scrotystip sad potche a lasienses to lava d I. giro b lavamy Stridni. Era, corporation, .r the eta, representative there(. er la say scary« ar as* or ase.- on elide braid blare baard aaaty.r corn,as SeUnited Sats el Ameba a a ab- any edam political av ?kb batman* is iped sad.and lj Set& m .mti.riad by A. (.Sowing R..a las adopted by dee abeam d S. Canary as Hay 27, 11175. •"RESOLVED tit ns drawn d my eine d Se Catspa y salmi mi by Article VI media 7.f do by-law,b mppasat soim . net de a is fs. q,7 ea•coAnita S= an Ed e o nesters ere asayt spy et a pr tdmann d eL seed as papaw imay'la aimed by la say gen d stirs, or aapy tared lama • b. tar ti Caput. Seel tdgastatas pad awl an lists adapted by rite Caen m agates sad.wale iaiagM rte C+caw aide Ss are rut.s ad dime a.Snit masa a�-a- tl tie tadwierd IQT�CJ►Ttt .[rtiei. d Smc7 el at TL Olia (Lasky b.ny dr Int? that Si b+•ors s tree of ataevy. VI Sala 7 d as b -b d S. aapay coed S.awn c-...scene d Its Paid d Dineen an tau W ewrrma engin sad an 1. la bet sad i.d as!bite dims Vi 59171CS3 'WHEREOF. 1 are L. at my lad sad S. sal d n.Caap.my Si 16J.y d July A. D.. 1t 84` SEA • )(de"- / • 122L" Arista* hcraary