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86-169 Conexco, Pavement Restoration, Project No. 87-107 CONTRACT FOR PUBLIC WORKS CONTRACT made on a.57; /S P g by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and CONEXCO, 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 PAVEMENT RESTORATION PROJECT 87-104 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 PAVEMENT RESTORATION, PROJECT 87-104 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, PAVEMENT RESTORATION, PROJECT 87-104. • Page 1 • • • and which Plans and Specifications are identified by the signatures of the parties to- this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J . Viskovich, Director of Public Works. 3 . CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of: ' $319,250.00 THREE HUNDRED NINETEEN THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS • subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4 . DISPUTES PERTAINING TO PAYMENT ?OR 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: PRIOR TO MAY 1, 1987 If the Contractor shall be delayed in the work by the acts or- neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's • control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. Page 3 • 11. INSPECTION AND TESTING •OF MATERIALS. The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection . and testing of the.same, if the ' City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall • immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract: provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and peiform the Contract, or does not commence performance thereof within thirty days from the date of the serving of such notice, the City may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other pioperty 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 signedeither 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.O. BOX 30006, SAN JOSE, CALIFORNIA 95156 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 (1008) 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 Iniury Liability Insurance in an amount not less than $ 500,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $ 500,000.00 on account of one accident, and • Page 6 • Property Damage Liability Insurance in an amount not less than $ 250,000.00.. The City and its officers and employees, shall be named as additional insureds on any such 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 atany .timemarise ors be,setr uppbecausein oflaw or in personal injury,orhdamage 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 OP 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 contemplatedby 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-halfedtimestes thetbasic and rate eof pay. It is further expressly • of Sections 1 , . inclusive, of the Labor Code of thelation State of California81all8the provisions whereof are deemed to be incorporated herein, the dollars ($25.00I for- eachfeit, as a laborer, worker, ore mechanic employedinthe 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 mote 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 Say and each calendar week by all laborers, workmen, and mechanics deployed 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 bide 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 and 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 the contract, the uDivision ofpLabor tStandards ative of tEnforche ementrdand 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 tublic either the body awardingbytheh®contract,shalthee Division made ouof • Apptenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. • Contractor shall certified records enumerated insubdivision (a) with the entity that - requested such records within ten (10) days after receipt of a written request. 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 sucha 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 ContractorAs for theratio as al-to-5 ndards an set forthin certificate exempting this section. This section Shall not apply to contracts of general contractors involving less than thirty thousand ($30,000 .00) or twenty ( 20) :verkin4 days or to contracts of specialty contractors not bidding : ' far 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 meanpacraftrentic ableor craftt®omt r trade, " asaused in this section, shall ed accordance with rules and regulationsppreprescribe ed occubytion thin Apprenticeship Council. The oint apprenticeshipcommittee shalle 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 employees eofhthe public 'at large is life or the lifethesaspecific fetor ptaskrto whichl lthe 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 notpcontributing to a funds to d the apprenticeship Ppublic wSite ork, to which fund or funds other contractors in the area ofbthe fund orffunds pinleachic wcraftork arore etr debinlwhichhhelemployssbjou to the or apprentices on the public work in the same amount orouponythe 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 contractoror 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.ddntributions 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 • apprentthrele religious creed, color, works, nationalorigin, ancestry, of the 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 flection 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 * dollen) ($25.00) for each calendar day,' or portion thereof, for • '.. Each /Abater, workman, or mechanic paid less than the stipulated .'”- §• tbil&fling rates for any work done under this Contract by him or by : -; 'aey:aubconttactor Under work done under this Contract by him or by c;x; 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 Plana and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, ' obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and 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 coat 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 $150.00 (ONE HUNDRED FIFTY AND NO/100 DOLLARS) for each and every calendar 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 exdess. "28. ADDITIONAL PROVISIONS. None • • Page 15 CORPORATE ACKNOWLEDGMENT NO.202 State of //. i On this the ay of 19Z,before meI SS. iCounty o:%/%/ - .C- -- / h undersigne Notary Public,personally appeared A personally known to me :lin tttltlluttt1111tlulnPlllllulrull Pr lmill llllk — proved to me on the basis of satisfactory evidence JULIE ANN STRAIN = V. Notary Public-California to the the per n(s �ecuted t�hh within instrument as rE +Alia„co Banta Clara County - o G IGz b< or on behalf of the corporation therein N .. My comm.0vplran0ct.11,1990E nam d,and a owledged to me that the corporation executed it. a ❑Iullutir1t1I11111111tnnnlllnllltllllll1111gIlllllt! WITNES my hand and official seal. / l s' /7 i,/ / / as,„,, N lf Not_i s Signature a _,•-_,-- 7720122 .ualnuA u....e...oe....,.r,.., - o.... - on o..-..o. . w.....a-.,.u.n- r. o.o.."..,c File: 98,493.27 • • • 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 Mayore • ty Atto nY� City Clerks _ . (Gc • Date/City Clerks //-,..,2-5-":"61: • CONTRACTOR: CONEXCO. A DIVISION OF OLIVER • -• DE SILVA. INC. • BY s . T. ATALLA. CORPORATE SECTY- TREASURER Notary acknowledgment required. 'If a corporation, corporate seal . and corporate notary acknowledgment required. ' Project, Name and Numbers. PAVEMENT RESTORATION PROJECT 87-104 contractors Names CONEXCO, INC • Contract Amounts $319,250.00 THREE HUNDRED NINETEEN THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS :.,COntradt:. Account Numbers. 110-993-781 • • • Page 16 • EF/71- BID PROPOSAL PAVEMENT RESTORATION PROJECT 87-104 TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE. OF CALIFORNIA: Dear Sir: In compliance with the plans and specifications furnished for the Pavement Restoration, Project 87-104, I, the undersigned, hereby propose to do all work required to complete the said work in accordance with the specifications and/or plans for the amounts set forth herein on the incorporated schedule. The work shall be the removal and reconstruction of asphalt concrete pavement as outlined in the specifications and/or plans outlined herein. All necessary preparation as well as "cleanup" is included in the prices bid and no extra compensation will be sought. All work will be done in a work- manship like manner and will meet or exceed the embodied requirements and/or the standards stipulated by ,the City Engineer. The undersigned also understands that the quantities shown below are estimates only, being given as a basis for the extension of the unit prices bid. This . extension will be the basis for comparison of bids by the City Council. The City reserves the right to increase or decrease the amount of class or portion of the work or to omit items as may be deemed necessary by the Engineer. A bid bond in the amount of 10% is required. Award shall be to lowest bidder; however, the City Council reserves the right to reject any or all bids. BID EST.QTY. ITEM UNIT DESCRIPTION UNIT PRICE TOTAL 1. 65,000 SF Pavement Restoration (4") $ \ LAN /SF $ c \ 1 m 2. 50,000 SF Pavement Restoration (6") $ Z /SF $ dot,< 3. 40,000 SF Pavement Restoration (10") $ , /SF $ VZ.S ==.TOTAL BID: \`1 Z� BID PROPOSAL PAGE 1 OF 5 CONEXCO, INC. P. O. lox 30116 San Jose, CA 95156 (408)-258-2875 I, the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and tine specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check o bid bond in the amount of $ \o o40 , as required by law and the Notice to Bidders. (10% of bid amount) PROPOSAL PAGE 2 OF 5 CONEXCO, INC. • P. 0.- Box 30006 San Jose, CA 95156 (408)-256-2875 • • A. BID DOCUMENTS, Continued BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this -proposal, and the truthfulness and accurancy of the informa- tion is hereby guaranteed. - (1) How many years has your organization been in business under its present name? (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? (3) Contractor's License No46,4So-2-c , State of California, Classificatiox��,,� (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has completed within the past 3 years. Year Class, Location of Work and for Whom Performed Contract Amount • • PROPOSAL PAGE 3 OF 5 CONEXCO, INC. P. O. Box 30006 San Jose, CA 95154 W8)-258-2875 • A. BID DOCUMENTS, Continued Name of Proposed Sub-cbntractors, if any (Section 4104, Government Code) 1. 2. ^ � i 3. ! / 4. � � 5. • 6. Address if Shop or Office of Sub-contractors (Section 4104, Government Code) 1. 2. • • 3. • 4. • 5. 6. Work to be Performed by Sub-contractors (Section 4104, Government Code) 1. 2. 3. 4. 5. •- • 6. • PROPOSAL PAGE 4 OF 5 ,. CONEXCO, INC. P. 0. Box 30006 San Jose, CA 95156 (408)-258.2875 • C eeo c T-(*anal. al Engineering Contractor ' r rr •�;' ,Licenaa Number 460727 ' Listed below are some of the major projects that we ' i•ttr- have done for the following General Contractors : "� ' i Rudolph and Sletten Hewlett-Packard #20 Ray Chem Building "G" 'f°'?'-i`'et s. Forbes Mill. Condominiums *.• o.. ....--..,-- Newark Plaza Convenience Center :-71,:—. 7.-,.. . Newark Syntex Buildings • !; Ir; • Xerox Research Building -a. rsc^'4 Container Corporation of America hS151:., National Semiconductor - '` i4R4., Vallco Fashion Park •```"`"`_' mss? tic'.2 >?it�,`i.- Vallco Village Kaiser Electronics . ."; µ, McCandless Towers ,; 1 'P _ ''; Regency Plaza Phase I ` Siliconix Awa WIICI ��r?�` Menlo Industrial Center ,, Hamilton Avenue Improvements "' t ^„;r.- Lincoln Center Phase I Lincoln Center Phase II :- .`*:' Sunnyvale Business Park ti .:- Fremont I - Durham Road .t:.._.: �-.:= • • _ Fremont II - Christy 3-'- " ;. ' 4 �•' >d. Turner Construction Company "z}, ,�� Fort Ord - 450 Unit Family Housing Fort Ord - 500 Unit Family Housing .; _ , . ' . , Fort Ord - 400 Unit Family Housing Webcor Builders `Far- : , • Gateway Park . San Jose Offsite Improvements � Mariners Island ' San Mateo Bay Center (Gateway) z� ” =' Bayhill 5A r= .-. .,• • :, mss. San Bruno Road Improvements _ Corps of Engineers - Fort Ord Imjin Road Reconsttuction „ . Barracks Complex - -_n Tactical Shops generals ' Quarters Fristze Army Airfi@ld " i The Koll Company -. ,F-t^ i, ^N'•° . r North San José TechnologyPark �Afi .« Koll Center Bayshore i,_g.;, _.,.:. Atari World Headquarters ,: . -, Development Drive - East -4.r..." Sy' Spectra Physics Inderdyne - Milpitas Moffett Corporate Cehter • JPr • ConExCo • C-snord!Engineering Centrector "3' •�'?-;'p • Licsnu Number 450723• '• ;y--C ,$ • Dillingham Construction t:=,' ''. • Holiday Inn ;,;;;�,r,_. San Jose Construction Company ^ _ . R & D Facility - Sunnyvale Fq Lathrop Constructionr> , General Mail Facility L & D Construction Tracts 7781 & 7782 Wm Lyon Company Tract 7764 - Whitegate 4 e, war Arcadia Development The Woods - Unit #3 Shea Homes Tract #6656 - San Jose 1. . .- Tract #5502 - Fremont � + d Other. Major Projects • Gould Shopping Center Alameda De Las Pulgas , San Mateo Rancho Park Condominiums • . s?at e: if�.. + •- Ainsley Condominiums rr. Tennant Station , Morgan Hill ��/ Toro Plaza , Hollister /''1r ;Ln Portola Shore , Pacifica San Jose Airport Mission College , Santa Clara _ "s`" Davis Road Extension , Salinas , , Shoreline Regional Park Road Improvements .•.x„8,,,�, 34. Berryessa Industrial Park , San Jose Hollister Business Park USAR Training Center , Fort Ord Osgood Road Improvements West Beach Improvements a Lk; Ryan Ranch Industrial Park _" _ Laurence Meadows .a Troop Medical Clinic ;: . Blackwell Homs - Sharon Heights Ringwood Court . Dixon Landing Road r Presidio Barracks , Monterey ` Lots , 2 , 4 , 5 , 6 , 15 and 17 -`=e Northpoint Business Park 3. Sundale Shopping Center San Martin Trans Station Walnut Park 5B/Hollister t `. - Hellyer Avenue Improvement District , City of San Jose , 'r ,,,4, LMSC Building 158 - Milstar PF LMSC Building 158 - Milstar r Waste Water Treatment Plant - Monterey Monterey Airport - Phase I • taw&In0bowing Contractor • '�.� License lumber 450723 ••`d • CONSTRUCTION MANAGEMENT PROJECTS Stevens Creek/Valley Fair Expansion (Construction Manager to NuHahn, Inc . ) Abel Business Park - Street Work Abel School Demolition :1 • °= (Construction Manager to Callahan-Pentz-Abel ) • r 54� Wyk c7: ::",Y -,' 'y C" w+. 3{G • Ri • • 4E.;t itti i.�,••r.• •pry,+.` 'r ,•ri. r ;S,ro• • • • • syCtevt Cilta • _ R •Ve z• Y • Zrik'.e•E.tiuTl`'.'.`t" A. BID DOCUMENTS, Continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A COPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual: . Co-Partnership Corporation Co XC�J� A- DIU/s/,p� OP 01L( � be sttvq2 1A/c, Joint Venture Other (Describe) RODg#TW!)sHISHER Name and Signature ��of Bidder: sbidista/AW@es!f�!fls. • /SUEg-r L• CSsFEA---, 213HSIitsiih-laTcl (Prin ROgion V. FISHEe _'Division Vice Pre . Estimating (Signature) Address (Both mailing and location addresses) : P O. Box Sac 4?- A. tvser cfosa Gia. qs/S6 - Telephone.Number:- . ---_ --. - __ .-_ STATE OF CALIFORNIA On this a2/ '7 day of Ogg 6 L e in the year COUNTY OF S4- -�+- C��vv iZ,a2A- / 9 Y • before me `�� `)774 etc./ F . G,,, cJa , a Notary Public, State of California, "„" <?t•O *n duly commissioned and sworn,personally appeared t. .,���S<�C�J\O Pia �i� /20ht,e4 C. - F.l2€4 `",' �' �"'O�vi s% ,,, personallyknown to me(orproved to me on the basis of satisfactory evidence) "�ds p eOc�C\i " to be the /2 r, C//s'd of the corporation .,pC: \,: „1 Cj\o �t1 ,.m ``� 5' co:s's, 09s';, that executed the within instrument, and also known to me to be the A\'":-:!:74N `0"`,,> person who executed the within instrument on behalf of the corpora- 0 i : N41 ')„\\\O tion therein named, and acknowledged tome that such corporation executed ,`�y20Y .0%. the same . °!s�,> "%' IN WITNESS WHEREOF�• I have hereunto set my hand and affixed o. my official seal in the ]i4r� &#c4..; County of C,-._d toPm pn.r----aybpropmbrn�pb ` -` .-an �r • '//o�n the date se forth above in i rtifica te. 1. 7. wdrimwoyacicaramlbatailaWafttioft meow= mry llbpads OtlnlO�,gwrAY,O`�bm�v^l�l�b ti`°+alcily° e"'poem ' °b.Snit b Re'b`"�na" Notary Public, State of California Cowden/a Form No.28—Acknowledgement to Notary Public—Corporation(C.C.Sea. 1190-1190.1) My commission expires ,57.2y. Po _.. -- • - -^— ,. . . - ... . .. ._. ...- -r -' -- • - — . - — . � .. V V V I 1 7 1 - SET TAB STOPS AT ARROWS Or ® CERTIFICATE OF INSURANCE ISSUE DATE(MMRJDIYY) PRODUCER, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS WINN & CO.. INSURANCE BROKERS - NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 220 HOLLISTER, CA 95023 . • + COMPANIES AFFORDING COVERAGE COMPNY A .. . Transoortation Ins. Co. COMPANY B LEITER INSURED Continental Casualty LETTER C ConExCo Ins. Co, of State of PA P.O. Box 30006 ' COMPANY D LE San Jose, Ca. 95156 COMPANY E LETTER ` •• COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO 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. CO POLICY EFFECTIVE ' POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS TYPE OF INSURANCE POLICY NUMBER LTR DATE(MOONY) DATE(MMIDNYYI EACH OCCURRENCE AGGREGATE GENERAL LIABILITY _ - BODILY ® COMPREHENSIVE FORM - INJURY $ $ A © PREMISE/OPERATIONS GL000279514 4-1-86 4-1-87- - PROPERTY IIUNDERGROUND $ EXPLOSION&COLLAPSE HAZARD - © PRODUCTS/COMPLETED OPERATIONS © CONTRACTUAL - - 214,24D $ 1,000 $ 1,000 • III INDEPENDENT CONTRACTORS ® BROAD FORM PROPERTY DAMAGE © PERSONAL INJURY - PERSONAL INJURY $ 1,000 AUTOMOBILE LIABILITY BODILY ® ANY AUTO gli MBA). $ A I. ALL OWNED AUTOS(PRN.PASS.) 900279515 4-1-86 4-1-87 ECULY AMY ■ ALL OWNED AUTOS PRN PASASSS.)' (FS=DR $ ■ HIRED AUTOS - PROPERTY ■ NON-OWNED AUTOS • DAMAGE $ ■ GARAGE LIABILITY • BI a PD ■ _ _ - 1 COMBINED $ 1,000 EXCESS LABILITY q I� uMBRELLA FORM 700279516 - 4-1-86 4-i 7 BN COMED $ 1,000 $ 1,000 ® OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION. ' . - STATUTORY 500279517 . - $ See (EACH ACCIDENT) A EMPLOYERS LIABILITYEmp. Liab.- CA = $1,000 000 4-1-86 4-1-87 $Pol #(DISEASE-POLICY LIMIT) Emo Liab Other States=' 100,000 $ Co 1 uirMISEASE-EACH EMPLOYEE) 0 OTHER . Excess Umbrella 41867097 4-1-86 4-1-87 Limits = $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL.ITEMS CITYO F CUPERTINO. ITS' OFFICERS, EMPLOYEES OR AGENTS ARE NAMED AS ADDITIONAL INSUREDS SOLELY AS RESPECTS TO PAVEMENT RESTORAT i€1 PROJECT 87=104 - ConExCo Job No. 26-052 P CERTIFICATE HOLDER CANCELLATION CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL B4.102RXDFXYDVX City Hall MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Cupertino, California LEFT75� xIt TMX)LT4X5di Q2SDNUOM 841.6 StifAFYdRDtRTi blkOHJTM t A G XIOD/W DXXXXE XXX •.'a.RCAD6RRIDRX# r �70)CR0(FB( yes « ACORD 25 (8184) -- *IIRJACORD CORPORATION 1984 CORPORATE ACKNOWLEDGMENT NO.202 r-CC!J sr—r—J!!I�I/I�I/I.rll/!!!!I!/!lJ/!1C.^!I!lIIIJ�CCeCer,e I./!,/tiltll./!!!!!!!JJ!/./J./././,/tlJ//JJ' ././1` tiState of ./,_�../oi �' 1 On t is thQ.4 Cay of ./�'J�1/ 19:Z, before me, l� ! Count •�./i''i j t SS. ,/ / / / )) ndersi. :d Notary Public,person Ily appeared personally known to ti Jrlrr nurlllllllllllllltIUrfitittlrnrrlrrrfpll rther 'L proved to me on the •"sis of satisfactory evidence ti JULIE ANN STRAIN F to b e ge$on(s)y�Qexeeu d th within instrument as ,� Notary Publlo•Cell}ornle c Ute!-CCJ/ or on behalf of the corporation therein / m Santa Clara County o My comm.expires Oct.11,1000= named,and acknowledged to me that the corporation executed it. toi girl!Alli;rlrlllIlIIIlllu tltIIIIIIllIlllll mom l!IIIII!IIIF WITible y hand and official seal./ Not"'. Signature / /` / ,UUU f�ll�ltt-?"2.0:.. ��i•5•'Jr State of California, ) ) SS. County of San Francisco ) On this 10th day of November , in the year 1986 , before me, I a Notary Public personally appeared Carol Ganapol , known to me (or proved to me on the basis of satisfactory evidence) to be the i person whose name is subscribed to this instrument as the Attorney-In-Fact of I UNITED PACIFIC INSURANCE COMPANY , and acknowledge to me that he (she) subscribed the name of UNITED PACIFIC INSURANCE COMPANY i thereto as Surety, and his (her) own name as Attorney In Fact. I it �•R•a,,• OFFICIAL SEAL / •iI CYNTHIA L. LEWIS a riirtteho NOTARY PUBLIC-CALIFORNIA 1�� L iI ��ja 1 41...id Vi . City and County of SAN FRANCISCO ,,• My Commission Expires Jan.20,1968 / otary Pub is 11 •r Y Y V V Y V V V V 'V-�` -- - 11 Executed in Duplicate Bond No. U 51 39 84 Premium: $1,916.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; THAT WE, CONEXCO, a Division of Oliver de Silva, Inc. as Principal and UNITED PACIFIC INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of THREE HUNDRED NINETEEN THOUSAND TWO HUNDRED FIFTY AND NO/100 Dollars ($ 319,250.00 ) 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: • PAVEMENT RESTORATION PROJECT 87-104 • • 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 10th day of November , 19 86 • (To be signed by Principal and Surety and acknowledgment.) CONEXCO, .: Division of Oliver de Silva, In By Sin a /, Pri cipallq/im4 ec L D a. thee peespe7J7" DPe al ri014&S UNITED PACIFIC INSURANCE COMPANY Surety 71 K By: Attorney-in-Fact ,Arol Ganapol The above bond is accepted and approved this day of , 19_ Executed in Duplicate Bond No. U 51 39 84 Premium: Included in Performance Bond • LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and CONEXCO, a Division of Oliver de Silva, Inc. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; • and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and UNITED PACIFIC 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 THREE HUNDRED NINETEEN THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($ 319,250.00 ) . 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 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. CORPORATE ACKNOWLEDGMENT NO.202 I /./l�I!!!!J!./!!!lllllf-�!!.!1/I./JJlJJ1/!!J!!././ l; State of dor— �i� - On this thefU tday of �S/�/.,,. 19 before me, \ S r County •�.il�?�i� .��.(�CJ --d�jf.,Q�frs, � the_ ders d Notary Public,personally _ .2. - , ti y . IJI! l" ttllltlllllptt!!mllllllu1111/ !nttnnm:. ., •ersonally known t.� 1 9 JULIE ANN STRAIN i:" = proved to me on the •asis of satisfactory evidence ti ",}' • Ne:nry Publlc-Celltornlu to b e e ons execu ed the within instrument as A Santa Clara County z ����� � � �/ o My noi:�m.explyds Oct 11, 1900= / —"—�� �"�"""moron behalf of the corporation therein 1 '' IIItIIIItlIIIIJIIItIlIIIIIIIlltlgl(l111IIlIIIIIIIIt,t,I19 named,and acknowledged to me that the corporation executed it. `' W SS my hand and official seams O. ot:ry's Signature 0 i State of California, ) ) SS. County of San Francisco ) On this 10th day of November , in the year 1986 , before me, I a Notary Public personally appeared Carol Ganapol • known to me (or proved to me on the basis of satisfactory evidence) to be the i person whose name is subscribed to this instrument as the Attorney-In-Fact of i UNITED PACIFIC INSURANCE COMPANY , and acknowledge to me that he (she) subscribed the name of UNITED PACIFIC INSURANCE COMPANY 1 thereto as Surety, and his (her) own name as Attorney In Fact. I. I ii mss_, r••F•�a., OFFICIAL SIAL ' il — a .4 " CYNTHIA L. LEWIS •`_ 5 NOTARY PUBLIC-CALIFORNIA , • _ 4 JLLiu�r_� tI44 <i .L=`— I ' ,e" .k'Y City and County of SAN FRANCISCO 1 `.;,.�, •r My Commission Expires Jan.20,1985 1 / No ary Pu•lic I .. _ ,.v ,, ..-.. ..-v-. ..-vr..... _ — — .i. i I —. . J 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 10th day of November , 19 86 • CONEXCO, a Division of Oliver de Silva, In Ar 0 BY A-4,.. r'• �. Principal (To be signed by Principal /06-� CDLLf/LCS . and Surety. Notary h thee Dld 7 e acknowledgments required.) UNITED PACIFIC INSURANCE COMPANY • Surety G� f By: Attorney-in-Fac/ Carol Ganapol The above bond is accepted and approved this day of , 19 • • 6/17/85 UNITED PACIFIC INSURANCE COMPANY HEAD OFFICE,FEDERAL WAY,WASHINGTON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the UNITED PACIFIC INSURANCE COMPANY,a corporation duly organized under the laws of the State of Washington,does hereby Vka,coratitute and appoint CAROL GANAPOL of SAN FRANCISCO, CALIFORNIA——— its true and lawful Attorney-in;FaCt,to make,execute,seal and deliver for and on its behalf,and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7,1978,which provisions are now in full force and if fact,reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings, recognizances, contracts of indemnity ane other writings obligatory in the nature thereof,and fbi to remove any such Attorney-in-Fact at any time and revoke the power.and authority given to him. 2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them;to execute and deliver on behalf of the Company,bonds and undertakings,recognizance',contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertaking.,recognizance',contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and,by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June,1979,at which a quorum was.present,and said Resolution has not been amended or repealed: "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and•any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate seal to be hereto affixed,this 30th day of June 1983 UNITED PACI IC INSURAN OMP NY ,. k SEAL )F. C../id ewe/ eo.•.;dh Vice President STATE OF Washingtonss. COUNTY OF King On this 30th day of June ,t983,personally appeared Charles B. Schmalz to me known lobe the Vice-President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the (Ore. going instrument and affixed the seal of said corporation thereto,and that Article VII,Section 1,2,and 3 of the By-Laws of said Company, and the Resolution,set forth therein,are still in full force. ..ster My Commission Expires: • • July 20 .19 86 ..701" Notary Public in and for State of Washington Milton Residing at - Charles J. Falskow , Assistant_Secretary of the UNITED.PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing eta true and correct copy of•Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY,which is still in full force and effect. •• . IN WITNESS WHEREOF,I have hereunto sit my hand and affixed the seal of said Company this 10th day of November 19 86 BDu.1431 Ed. 4/80 ) • Assistant Secretary