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87-044 Raisch Construction Company, Widening of McClellan Rd Project 4020 • RAISCW COfvgl! 0. ,".i1 • • • Ger] 2.2 1987 CONTRACT FOR PUBLIC WORKS • CONTRACT made on November 6, 1987 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and RAISCH CONSTRUCTION COMPANY ,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 WIDENING OF McCLELLAN ROAD; PROJECT 4020 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 fuIly "__ - setforth and described herein . - All of the above documents are intended to cooperateaso'that=anyW ' 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 contrac-t`.=7are-_ sometimes hereinafter referred to as the Contract Documents.- Ia :-- _:_c_', case- of conflict between the Plans and the ' Specifications-- one Specifications_one hand, and this Contract on the other, the Plans--,:and = _ Specifications shall prevail. �;�_._- u- • _: 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 widening of McClellan Road, Project 4020 — 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, WIDENING OF McCLELLAN ROAD, PROJECT 4020 • 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, 't • • transportation, and material shall be furnished, and that said work . shall be performed and completed as required in said Plans and — Specifications nd -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 : -- ($274,121.00) TWO HUNDRED SEVENTY FOUR THOUSAND ONE HUNDRED TWENTY ONE 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 FOR WORK. Should any dispute arise respecting the true value of the work done; - 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= ` _''�--4 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'"riecessa=y`r-'-- 13r?- notices, "°-notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to •-the--work-and=to«the Vim= preservation of the public health and safety. 6 . INSPECTION BY THE CITY. The Contractor shall at --all' 'time's- 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, 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' ''=L • =t ' - 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- requi-red by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall- be valid:Junlessr`"s o: :-::=z -=-: - 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"'St`a`€=e-'?=' ?l G''°'` and Federal statutes and regulations after the ContractContract' - awarded or entered . into. The. Contractor . hall--be paid 1f or-by such:= 1- -- sa^- -- - 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 'ThislConEfact'mayF 4t be terminated, amended or modified, with the mutual . consent's'of'the "' parties . The compensation payable„_if :any, for such_ amendment or modifications, shall be determined -either -bp reference to - the unit price, - if applicable, or in accordance with °the-' - ag'reement of the parties, or in accordance with the rules of the "-American Arbitration Association if the parties are ' unabl°e to _: agree. 10:" TIME FOR COMPLETION. All work under this= ContTact-•sh 11 be completed: ONE HUNDRED TWENTY (120) WORKING DAYS FROM APPROVAL OF CONTRACT If the Contractor shall be delayed in the work by the acts or• neglect of the City, or its employees, or those - under " it `bp 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_._..__t___•.. 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""-dept"' - 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; t'he. ,':_ And• .' '.H Contractor, and the surety shall have the right ' to ' fake.;:over-' and' '--_.:�_' _` perform the Contract; provided, however, that, "if the surety within fifteen days after the serving upon- it of notice oftermination does not give the City written notice of its intention- to'teke:over' - - and perform the Contract, or does not commence performance "thereof ' within thirty days -from -the date of the serving -Of such notice, 'the-; Y City may takeover the work and prosecute the same, to completionbyvy,;.`_ contract, or by any other method it may deemadvisable, for-the ' account and at the expense of the Contractor, `andthe-: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 beon the site of _the work and necessary therefor. Y a � _=- 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 he final ` completion and acceptance of all work covered -by `the Contrahe - City may withhold from payment to the Contractor -such an amount or amounts as in- its judgment may be necessary``to -' pay ust 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-Ilable'to` the ' ' Contractor for any such payment made in good faith. " Suchrpayment- ' -- - 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 serSed in ` ''' - the following manner: (a) if the- notice is given to 'the-`City ` either by personal delivery thereof to the City Manager of ' - - 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 marls., - enclosed in a sealed envelope, addressed to said Contractor at: P.O. BOX 729, MOUNTAIN VIEW, CA 94042 postage prepaid and certified; and (c) if the notice is-given to the surety or any other person, either by personal delivery_ to such surety or other person, or by depositing the _ same in the ' Uni'ted'. ' States mails, enclosed in a sealed envelope, addressed to such - surety or person, as the case may be, at the address' of encfi-snret' f'` or person last communicatedbyhim to the y " y 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 the City. - 16 . COMPLIANCE.WITH SPECIFICATIONS-OF MATERIALS .' = Whet neSei 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 Contractors;;;unless--"-_``Lit the ' City agrees in writing to some other material, process,_or., article offered _by, Contractor_which is equal...-in.--alk respects:-to the -J 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' tiond'r:- 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 contrasted-' --- to be done, or for performing any work or labor thereon_ of=- any kind, and for -the-- payment of amounts due under the Uneployment ;. 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 requited-Of-the - ' subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof Of the carriage af. 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 z and - Employer' s_-Li--ability Insurance for all_of the latter' s employees unless such-employee-S-1— are uch-employee`s"- 1 -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 Codes "I am aware of the provisions of Section 3.700 of the Labor Code which require every employer to be- insured- against liability' for worker' s ;:compensation or to -"undertake self insurance-2--xn` " 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 thie,___ Contract from claims for property, damage,- including third-pa .ty. .; _ •„- property damage,`-=to° - include coverage on property -in the:"±-eareil custody and control of the Contractor, and also excluding - what are commonly known as the "X, C, and U” exclusions (having to do ' with blasting, collapse, and underground property damage) , which may arise from Contractor' s operations under this Contract, whether such operations be by himself or by- any subcontractor-'or - by anyone directly or indirectly employed by__-either --of: -them:and —.. _ the amounts of"such -insurance shall be as follows': Bodily Injury Liability Insurance in an -amount not less than $300,000.00 for injuries, including accidental _ death, to any, one person, and subject to the same limit for each person, in an amount not less than $500,000.00 on account of one accident, and • Page 6 • Property Damage Liability Insurance in an amount not less than $200,000.00. The City and its officers and employees, . shall. , be , named as additional insureds on any such policies of insurance, . which shall also contain a provision that the insurance afforded • thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, have other insurance against a lass 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 infringement_ the orperformance infringement-work, the patenterightsoof- 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 shallwherever 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 . SOURS OF WORR ° '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.. i+ork" 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' eighthours_F,-,. during any one calendar day and forty .hours-during:..any:`one calendar week, except, "as- p'rovided -by Section 1815 of-_ .the -Labor-Code-of, the State of_California,--work performed by employees of 'contractors in. excess of.- eight"-hour$ per day and forty hours during any_... one, week- -•- shall be - permitted upon public work upon compensation "for:allhours- =>. - '._ worked in-excess.- off-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. mechanicvsmployedr_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 tri 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 ..__fla y and each calendar week by all laborers, workmen, and mechanics dmployed 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, ar 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 _cert'ified 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 -7 certified' copy of all payroll records enumerated;- in . •: - • ' subdiv'ision (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 theDivision 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-shail.be withheld from progress -payments= then='due (g) The bodyawardieg 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 bn the prime contractor. -- '(h) The director , shall adopt rules consistent with the• California Piabiic Aedbrds Act,' - (Ch: 3 .5 (commencing with Section 6250) of Div. - 7; Title- l., Gov.:.Ch. )_ and the Information Practices Act of, 1977; - (Title -L8-- (commencing with Sec. 1798) Pt.' 4; Div. 3 , Civ. C. ) ._governing _the- release-of such records, includingthe establ`i`sh'ment - ' . .- 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 _far -„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 -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 an 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 ) workin4 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 • • • • "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate,. which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are met: (a) In the event unemployment for the previous three month period • • in such area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in such area exceeds a ratio• of 1-to-5, or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis . • if assignment oftice aconditiowork nerfowwmhich�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 - - exemti s e - -. -- -representsccontractorsnin 'arspecificed trade from thea 1i tot5oratiohion 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 localapprenticeship standards. • g to whom th , subcontractororunder him, who, inontract performingis any ofwthe ew ,_ an orkorunder the contract, employs journeymen or apprentices in any apprenticeab.le_' 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 lite_ 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 tabotStandards Enforcement is authorized to enforce the payment bf such •contributions to the fund or funds as set forth in Section 227. Page 11 • • ' The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for ,all apprenticeable occupations with the prime contractor. All decisions of . the joint apprenticeship committee under this section are subject to the provisions of Section 3081 . . (Amended by Stats. 1976, Ch. 1179) 1771.6 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. Nothllithstanding the • provisions of Section 1727, upon receipt of such *determination - the awarding body shall withhold - from contract progress payments then due or to become due such sum. - - (b) Any ' such determination shall'° be issued after a full - -investigation, a fair and impartial hearing, and reasonable .notice thereof in accordance with reasonable rules and procedures Prescribed by the California Apprenticeship Council. (c) Any funds withheld by the awarding body pursuant to this section Shall be deposited in the general fund if the &Warding .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 shill. 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 dollata 1$25 .00) for each calendar day, or portion thereof, for '• dach labotery workman, or mechanic paid less than the stipulated IjAS€eJMiling rates for any work done under this contract by him or by • :f- any 'gubconttactot Under work done under this contract by him or by t ,-•^;t Ahy 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 • - . r.expiratioh- 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 . .adceptance 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 theacceptance of completion of such work of improvement - as evidenced by resolution of its governing body, at which time and not before, the City shall pay to the Contractor the whole of the remaining ten percent (10% ) of said contract price so held back as provided; said certificates to be furnished by and obtained from the - City' s - representative shall, before the last Tuesday of each . month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of completion. In event of the failure of the City' s representative to furnish and deliver said certificates or any of them or in lieu • Page 13 • thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten ( 10) days thereafter, the same shall become due and payable. In case the City' s representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the, requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. 24 . PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans _. and. Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on , or adjacent to, the construction site.. The Contractor shall not be assessed liquidated damages for delay in - completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the - City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. • 25. CONTRACTOR' S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, ' obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a -disaster or state of emergency by the Governor of the State of California or by the President of the United States., or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, , in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, Page 14 on, or about the same during its construction and before ' acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the date of acceptance of completion of this Contract by the City, the Contractor' will forthwith remedy such defects without coat to the City. 27 . LIQUIDATED DAMAGES. Timeshall 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 ONE HUNDRED FIFTY AND NO/100 DOLLARS ($150.00) for each and every calendar day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum - shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual .damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any exdess. 28. . ADDITIONAL PROVISIONS. None Page 15 STATE OF CALIFORNIA COUNTY OF SANTA CLARAI$s' • On this2nd day ofNovember , 1987- , before me, Frederica M. Howell , a Notary ' Public in and for the said County and State, residing therein , duly commissioned and sworn, personally appeared Ronald L. Shealy , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as 'the attorney-in-fact of RAISCH CONSTRUCTION CO. , a copart- nership composed of A. J. RAISCH PAVING CO. , a California Corporation ,. RAISCH PRODUCTS, INC. , a California Corporation, and RAISCH EQUIPMENT CO. , a California corporation, and acknowledged to me that he subscrived the name of RAISCH CONSTRUCTION CO. , a co- partnership composed of A. 'J. RAISCH PAVING CO. , a California corporation, RAISCH PRODUCTS, INC. , a California corporation, and RAISCH EQUIPMENT CO. , a California Cor- poration, thereto as principal and his own name as attorney-in-fact. In witness whereof I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. . Earn DS .E]Q:]:missmiicomme01L•nnim9FCCF70C7 nutil E1. FREDERICA M. 64OWELLLA ,: : _ NOTARY punuc.cALI�ORNIA m ' t Y -lc, �'' PRINCIPAL OFFICE IN i7 `I�.000-k..a c� 0./ C/t049 y S Ti.Ct_Ac rj r 01'!7Y ?7 D Notary Public in and for the County of Aly Cm:aossan Ertures Oct.5. 1050: Cl t Sana ara S gni• "''-`I""r—rten'n-'1,:ras.'a£:E3E:D::LEO , tate of California • File: 98,012.11 • 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 5/440fi iL e • City At o ney City Clerk: IAISCH CONSTRUCTION CO., a copartnership of 1. J. Raisch Paving Co., Raisch Products, Inc., and Date/City Clerk: taisch Equipment Co., A. G. Raisch, President, oe T. Thomason; Treasurer and Chief Financial )fficer, Steven W. Gossett, Executive Vice President • ,nd Chief Operations Manager and Bryan A. Raisch, CONTRACTORS RAISCH CONSTRUCTION CO. lecretary of each corporation. - By: RONALD L. SHEARY, ATTORNEY-IN-FAC Notary acknowledgment required. ' If a corporation, corporate seal . and corporate notary acknowledgment required. Project, Name and Number:. WIDENING OF McCLELLAN ROAD, PROJECT 4020 . Contractors Name: RAISCH CONSTRUCTION COMPANY • Contract Amount: TWO HUNDRED SEVENTY FOUR THOUSAND ONE HUNDRED TWENTY ONE AND n$c/}Qars " ($274,121.00) • ; ,COntradt. Account Number:. 120-4020-952 •• Page 16 • • • SPECIAL POWER .OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That A. J. RAISCH PAVING CO. , RAISCH PRODUCTS, INC. , and RAISCH EQUIPMENT CO. , corporations organized and existing under the laws of the State of California, and having their principal office in San Jose, California, do hereby constitute and appoint A. G. RAISCH, STEVEN W. GOSSETT, RAYMOND L. MESSA, RONALD L. SHEARY and LEO J. CACITTI their true and lawful Attorneys-in-fact to sign, execute , seal , acknowledge and deliver for , and on its behalf, and as its act and deed, at any place within the United States , any and all bonds , recognizances , undertakings , contracts or other writings obligatory in the nature thereof , any such obligations within the United States , in any amount . Any said corporations hereby ratifies and confirms all and whatsoever said Attorneys- in-fact may lawfully do in the premises by virtue of these presents . This appointment is made under and by authority of the following resolution passed by the Board of Directors of each of said corporations at a meeting held at the principal office of said corporations a quorum being present and voting , on the 28th day of April , 1972 , which Resolution is still in effect: "RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Corporation, in its name and as its acts , to execute and acknowledge for and on its behalf any and all bonds , recognizances , undertakings , contracts of indemnity or other writings obligatory in the nature thereof , with power to attach thereto the seal of the Corporation . Any such writings so executed by such Attorneys- in-fact -shall be as binding upon the Corporation as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons . " IN WITNESS WHEREOF, each of said corporations has caused these presents to be sealed with its corporate seal , duly attested by its Chairman of the Hoard and its Secretary, this 23rd day of February, 1987 . A. J. RAISCH oeVING CO. RAISC PROD Sc. INC . RAISC EQUIP T CO. Blfl B 4 /: ' l/S P esident P esident /President /�� By ;5,~..4eff.1 • Rya deer ' r ! By •U �/�' �-✓`/ ecretary ecretary cretary STATE OF CALIFORNIA ] COUNTY OF SANTA CLARA ] On this 23rd day of. February, 1987 , before me , came the above- named President and Secretary of A. IJ. RAISCH PAVING CO. , RAISCH PRO- DUCTS , INC. , and RAISCH EQUIPMENT CO. , to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceeding instrument are the corporation seals of said corporations and that the said corporate seals and their signa- tures as officers were duly affixed and subscribed to said instrument by the authority and directions of said Corporations . 7 rr--u1, Qo0 [A YY�r' otary Public I OFFICIAL SEAL • My Commission Expires Aug. 20 , 1990 ' KATHLEEN A. MCCFlIG ' • ' /tgy NOTARY PUBLIC CALIFORNIA ` mtl Gy p SANTA CLARA COUNTY My Comm.Expires Aug.20,1990 R • 7-' I , the undersigned, Secretary of A. J. RAISCH PAVING CO. , a California • corporation , hereby certify that at a Special Meeting of its Board of ' Directors , held on April 28 , 1972 , the following resolution was adopted: RESOLVED: That this corporation and RAISCH EQUIPMENT CO. , a corporation , and RAISCH PRODUCTS , INC . , a corporation, shall form a corporate partnership to do busienss as RAISCH CONSTRUCTION CO. for the purpose of contracting for and constructing roadways and highways , and that any officer of this corporation is authorized to execute contracts on behalf of the said partnership. I , further certify that at an Annual Meeting of the Board of Directors of A. J. RAISCH PAVING CO. held on September 29 , 1986 , the following' officers were elected by the Board of Directors for the fiscal year 1986- 1987 , to serve as such, commencing September 29 , 1986 , until successor officers are duly selected. ALBERT G. RAISCH Chairman, President, and Chief Executive Officer ROBERT T. GREENE Executive Vice President and Chief Operations Officer JOE T. THOMASON Executive Vice President, Treasurer, and Chief Financial Officer STEVEN W. GOSSETT Senior Vice President and General Manager of Construction and Construc- ion Products Activities BRYAN A. RAISCH Secretary and Legal Counsel SUSAN A. SILVA Vice President LAWRENCE J. Vice President and Manager of Land KLAMECKI Development Division MICHAEL M. McHALE Vice President and Manager of Accounting Division RAYMOND L. MESSA Vice President and Manager of Structures Division DANA K. RAISCH Vice President and Director of Industrial Relations DOUGLAS E. RAISCH Vice President and Manager of Products Division RONALD L. SHEARY Vice President and Manager of Construction Engineering LEO J. CACITTI Vice President and Manager of Field Operations A. J. RAISCH PAVING CO. /-04t24( ) 416.--ge( BRYAN/K. RAISCH, Secretary AT/TEES / /' R ICH CON)1P ON co EXHIBIT "A" ®CT'] 2 2 198Z BID PROPOSAL - I . WIDENING OF MCCLELLAN ROAD - PROJECT 4020 TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA Dear Sirs : In compliance with the Plans and Specifications furnished for The Improvement of McClellan Road - ProJect 4020, I , the undersigned, hereby declare that I have read- the proposal requirements, and visited the site and examined the specifications. 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. All necessary preparation as well as "clean up" is included in the prices bid and no extra compensation will be sought . All work will be done in a workmanship 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 work or to omit items as may be deemed necessary by the Engineer. The work to be done consists of furnishing all labor, methods, or processes, tools, machinery and material required to construct, to completion and In working order,, street Improvements: I . Widening of McClellan Road, ProJect 4020. PROPOSAL PAGE 1 OF 7 5' 1 . Ri+1SCH CCN9':`RUCiICN Ca 1105 ufi.vizmit A P. 0. L.2x 729 MT. VON, CA, 94042 BID PROPOSAL II . WIDENING OF MCCLELLAN ROAD PROJECT 4020 Bid Est .Qty. Item Unit Item Unit Price Total oa 1. Lump Sum Mobilization $ D) /LS $ adr 2. Lump Sum Clearing & Grubbing $ J5 )e/LS $ ISCOn— cP coY2 3. Lump Sum Traffic Control $ 66 /L$ $ o t (f 4. Lump Sum Existing Highway Facilities $ 5 /LS $ b e 5. 4, 002 CY Earthwork $ 4=' /CY $ c 6. 2, 538 CY Excavation Surplus & Export $ /0 /CY $ 25 eis 7. 25, 000 SF Subgrade Preparation $ 012- /SF $ 3759 8. 1, 250 TN Asphalt Concrete Pavement $ /TN $ 37599 (Deep Lift ) /14.#1 9. 66 TN Asphalt Concrete Overlay $ /TN $ /7/X.7.- 1� 10. 326 LF Concrete "Y" Ditch $ 1-Tv /LF $ SE12 11. 56 LF Concrete Valley Gutter $ 7.9515 /LF $ Mai- c.22oe 12. 3, 500 SF 4" P.C.C. Sidewalk $ / SF $ l75�� oS. 13. 1 EA Wheelchair Ramp $ 350 /EA $ 14. 850 LF Type A2-6 Curb & Gutter $ /5-- 0 /LF $ IZ-75 co 15. 664 LF Type A1-6 Concrete Curb $ 14 /LF $ 92g6es co e° , AA 16. 162 LF Retaining Wall $ tar /LF $ IQ' tCY . to 17. 3 EA Storm Drop Inlet $ /EA $ -Mar- :::::g 18. 2 EA Type GOL Cal Trans Drop Inlet $ C /EA $ �� 00 19. 2 E Flat Grate Inlet $ log- /EA $ 1409 � 20. 1 EA Christy Box Inlet $ 1SCA7 /EA $ /r70d� 21. 435 LF 12" R.C,.P. CL. IV $ "/✓'c /LF $ /'5225 PROPOSAL: PAGE 2 OF 7 . RAISCH coNSTnucT;c; CO. 1105 L'AVENfDA P. 0. LOX 729 MT. VIEW, CA. 94042 $4. Proposal = JI . Widenin¢ 41 McClellan Road Continued : Bid Est .Qty. Item Unit Item Unit Price Total me ' 22. 42 LF 15" R.C.P. CL. IV $ 10 /LF $ Z440 ao' 23. 268 LF 24" RCP CL V $ 55 /LF $ l474'O✓ 24. 30 LF 30" C.M.P. (0.064" Thick) $ 50°9 /LF $ >' l— 25. 1 EA Concrete Collar $ --Z. IffZSO� /EA $ OA 26. 1 EA Concrete Crossing $ -- /EA $ r o 27. 1 EA Outfall Structure $ Z020--- /EA $ do o 28. Lump Sum Traffic Striping $ �elf) Z � ^- /LS $ � c 29. 1 EA Type R1 Stop Sign $ . c7 /EA $ 2cO ms 42 30. Lump Sum Repair Driveway at Storm $ ! /LS $ i Crossing 31. 4 EA 100 - Watt H.P.S. Electrolier $. I /EA $ 5f 69 32. 4 EA Pull-Box #3 1/2S'' J� /EA $ woe me 33. 720 LF Rigid Metal Conduit, 1 1/2" $ (n` /LF $ 4320 34. 720 LF Conductor, #8 $ r ` /LF $ 720 do esc 35. 83 LF Chain Link Fence $ Z0r /LF I i 36. 490 LF Chain Link Pedestrian Fence $ __1.5e /LF $ (O�0 � 00 37. Lump Sum 2" Water Service and Meter $ _ /LS $ 3020 Total Base Bid $ 2-74 1:1i ' • PROPOSAL PAGE 3 OF 7 • 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 do all the work specified in the contract in the manner and time 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 established the priority of one Job over another and each stating date where conflict of construction schedules occur . Attached hereta is the required certified check or bid bond in the amount of $ (t as required by law and the Notice to Bidders . (10% of the bid amount) •Signed : CK) Ronald L. S nary, Attorney-in-Fact PROPOSAL PAGE 4 OF T • TJNITEr) PACIFIC INSURANCE COMPANY HEAD OFFICE, FEDERAL WAY, WASHINGTON Bond No. UP(200) BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A.DOCUMENT NO.A-310(FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we RAISCH CONSTRUCTION CO. as Principal,hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of Federal Way, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CUPERTINO as Obligee, hereinafter called the Obligee, in the sum of Ten Percent ( 10%) of The Total Amount E Dollars ($ --10a-- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Widening of McClellan Road from Clubhouse Lane to Mira Vista Avenue Project 4020 NOW, THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur- nished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 13th day of October A.D. 19 87 RAISCH CONSTRUCTION CO. l `ryo L-' _•�aU10 (Principal) (Seel) ((Witness)) By:,yi c ``& n o (Title) aa!d L. Cihaarr, A:tcr ney-in-Fat UNITED PACIFIC INSURANrCE COMPANY (Jo y Al ohnsa'nl ) Attorney-in-Fact UNITED PACIFIC INSTJRANCM COMPANY HEAD OFFICE, FEDERAL WAY, WASHINGTON Bond No. UP(200) BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS . A.I.A.DOCUMENT NO.A-310(FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we RAISCH CONSTRUCTION CO . as Principal,hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of Federal Way, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CUPERTINO as Obligee, hereinafter called the Obligee, in the sum of Ten Percent (10%) of The Total Amount Bid. Dollars ($ --10%-- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Widening of McClellan Road from Clubhouse Lane to Mira Vista Avenue Project 4020 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur- nished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, - . • ' • -.e to remain in full force and effect. FATE OF CALIFORNIA SS. aunty of Santa Clara day of October A.D. 19 87 oQctolaer..3a,3S87....before me, Faac1d..Ie..Wagner otary Public, State of California, duly commissioned and sworn, arsonally appeared Jody A. Johnwor) personally known RAISCH CONSTRUCTION CO. i me to be the Attorney-in-Fact of the Corporate Surety that ' (Principal) (Seal) tecuted the within instrument, and known to me to be the person ho executed the said instrument on behalf of the Corporation erein named and acknowledged to me that such Corporation By 1-- o �_u� cecuted the same. (Title) /l IN WITNESS WHEREOF, I have hereunto set my hand and affixed ,;O,ald L. Short, Attorney-in-Fact y official seal in the County of Santa Clara the day and ear In this certificate first above written. -_ UL-/l_9 c)\ r . t•10 0,-/0 1 UNITED PACIFIC INSURANCE COMPANY f` EARLA J. WAGNER t NOTAR'i PIJ,S,' CALIFCSPi!A Ry _ 9� , t: ;;,1� ....�rA ,•� neo rnnNTV f rn v A I Inh nen'nl Attorney—in—Fact . I- • • T'N Try'sE•D T.$1 'Ti.i °NST.i 4.1I':'oi �� v✓ HEAD OFFICE, FEDERAL WAY, WASHINGTON POWER OF ATTORma KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY,a corporation duly crrni:ad under the laws of ::. State of Washington,lax Fareby make,conttitutc and appoint JODY A. JOHNSON of SAN JOSE, CALLEUJRNIA--- its true end lawful Attorney-in-Fez:,to make,execute,coat and d:iver fr.-and on it:behalf,and e:its act and deed ANY A_'ID ALL BONDS IND IZDs2_AKTNGS C? S'u_'_S _? and to bind the UNITED PACIFIC INSURANCE COMPANY a:!al:7 and to the same extent as if such bonds and undertakingsand other wru--. obligatory jr the nature thereof were signed by an Executive Of:ice:of the UNITED PACIFIC INSURANCE COMPANY and szeied and attested psi c: other of such officers,end hcreby ratifies and confirms all that it:said Attorncyls)-in-Fa-_t may Co in pursuance hereof. This Power of Attorney is granted under and by authority nf Article VII of the By-Laws of UNITED PACIFIC INSUFtA.CCE CCMPANY sine.:.: became effective Septcmboi 7, 1373,which provisions are now in full far=and effect,reading as follows: ARTICLE VII - EXECUTION OF SONGS AND UNDERTAKINGS 1, The Baud of Directors,the President,the Choiraun of the Board,any Senior Vice President,any Vice President or Assistant Vice Preside:. or other officer designated by the Board of Director::hall:ave power and authority to fel etpaint Attorneys:m=ar,and to nu:harire them to exec.::. on behalf of the Company, bond: and undertakings, recognieeneea, contracts of indemnity and other writings obligatory in the nature thereof,and I:. to remove any such Attorney-in-Fact at any time and revoke the power and cutho:i:y_liven to him. 2. Attorney:in-Fact that! have power and authority,:tibiae: to the tom:and limitations of the power of attorney issued to them, to exec:;: and dc-liver on behalf of the Company,bond:and undertaking:,recognizance:,contract:of indemnity and other writings obligatory in the nature thereo. The corporate seal is not necessary for the validity of any bonds and undertaking.,rccogncances,contracts of indemnity and other writings obh,pWr- in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavit:required to be attached to bonds,recognizance:,contracts of indent nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financiai statement of the Company an: to copies of the By-Laws of the Company or any article or anion 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. UNITED PACIFIC INSURANCE COMPANY at a meeting hole on the 5th day of June, 1979,at which a quorum was present,and said Resolution has nc, been amended or repealed: "Resolved,that the signatures of such directors and officers and the reel of the Company may be affixed to any such power of attorney dr any =nifimte 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 stall be valid and binding upon the Company in the future with respect to any bend 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 corpora: Baal to be hereto affixed,this 6th day of August i9 84 457c713:%\713:%r2 UNITED PAC/IC :NSUR?.NC_S:.OMP4NY ys / : /L._ Vice President STATE OF Washington I COUNTY OF King On this 6th . day of August , 1984,personallyCharles 3. Schmalz � appeared to me known to he the Vice-President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the for 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 ::- Resolution, Resolution,set forth therein,are still in full force. • 61-4:4,‘ av" te /✓ My Commission Expire:: ''I\(,-,,,1 July 20 10 86 ix F/ Notary tic in and for State of /sh "gt or. M'lton . Residing at I Charles J. Falskow , huistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, da hereby certify the: above and lore-going is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY,which is suit in I_ force and affect. IN WITNESS WHEREOF,I have hereunto set my nand and affixed t:te��:cal .��offs:id Company this 13th day of October 10 87 • r • • RAISON CONSTRUCTION CO. 1105 L'A`/EP:!DA P. 0. COX 729 Ay BID DOCUMENTS. continued MT. VIEW, CA, 54032 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 accuracy of the information is hereby guaranteed . (1) How many years has your organization been in business under its present name? (2) How many years ' experience in work comparable with that required under the proposed contract has your organization had by this or any other Cf name? I �:J�' ;��'-=.�'� r (3) Contractor 's License No. CJ.L1 `5 , State of California, Classification -1 `zf', ! '<' (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has coapleted within the past three years . Year Class , Location IL Work and for Whom Performed Contract Amount cc � PROPOSAL PAGE 5 OF 7 . • • STATEMENT OF EXPERIENCE Following is a partial list of projects completed by Raisch Construction Co . during the past three years . 1984 Route 152 $1, 101 , 126 . 00 Cal Trans 1984 Airport Parking Lot Expansion $1 , 123 , 334 . 00 City of San Jose 1985 Access Rd . San Jose Airport $1 , 459 , 760 . 00 City of San Jose 1985 N . San Jose Indus . Park $3 , 196 , 998 . 00 City of San Jose 1985 LID #9 $4 , 274 , 712 . 00 City of 'Milpitas 1985 Bernal Rd .• $2, 371 , 537 . 00 City of San Jose 1985 Oakmead „3 $3 , 971 , 803 . 00 City of San Jose ' 1985 Airport Parking Lot $1, 118 , 575 . 00 City of San Jose 1985 Highway 237 $2 , 215 , 141 . 00 Cal Trans 1985 Rt. 152 • $1, 121 , 765 . 00 Cal Trans • 1986 Rt . 101 04-105004 $2 , 705 , 458 . 00 Cal Trans 1986 Soquel Drive $2 , 215 , 141 . 00 Cal Trans 1986 Truck Scale Morgan Hill $1 , 459 , 760 . 00 Cal Trans 1986 Rt. 101 San Mateo Co . $1 , 966 , 689 . 00 Cal Trans Raisch Construction is experienced and equipped to perform the required work . RAISCH CONSTRUCTION CO. 1 et \\ RONA D L. SHEARY Attorney-in-Fact 1 : 87fh R A1SC11 CONDI-RUC-17,7:1 CO. 1105 vaVENDA P. 0. PDX 729 MT. VIEW, CA. 94042 As BID DOCUMENTS Continued : Name of Proposed Sub-Contractors, if any (Section 4104 Government Code) 1. T SLd7Z V4Vien(J/ 2. • F . I-400iav e l 3. 01-N6A f6/\K- 4. C4. fl ?tom-`Ate CoNTr-- Tr- 5 CADdor>S Cot- t 6. (juQgNO Address of Shop or office of Sub-Contractors /] (Section 4104 Government Code) 1 . Guvezruuo� . 2. G2 ) CA�,1e 5) SGA 3. S4ITA 4Ili CA 4. erMJOcS(i 1 °s. 5. Ri / f� 6. 201•11•N ki rS(LE , &A • . Work to be performed by Sub-Contractors (Section 4104 Government Code) 1. 0 L»,t2. Nib 2. -r4ZIP11.1& MAR4LER5 3. C1-1&I1\1 toK 4. /U�NL:C- �� ger)ZCIJl7 5. L(`.�JC.t1 6. T;LTELTR lr-P\L- PROPOSAL PAGE 6 OF 7 • A . BID DOCUMENTS. continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual Co-Partnership V.' Corporation Joint Venture Other (describe) RAISCH CONSTRUCTION CO., a copartnership of ;. J. Raisch Paving Co., Raisch Products, Inc., and NAME AND Raisch Equipment Co., A. G. Raisch, President, SIGNATURE OF BIDDER: Jos T. Thomason, Treasurer and Chief Financial Dfficer, Steven W. Gossett, Executive Vice President i �^ , r Ind Chief Operations Manager and Bryan A. Raisch, r ' ��-J; %(' e-77(n,i c t(_C Secretary of each corporation. /\ N Alb a_ Rc,.ald L. Shear", Attorney-in-Fac; 11 ns—, l P i iO(,( ,f d e, Pr) c 7,C( �?C ' -' 151 �frA r0Add oaevl i Pe (;• Ct'�CC( z Date: 13 ( , C � ( (" � l ;t�c. Phone Number Addenda Received: 1 2 3 4 5 PROPOSAL PAGE T OF 7 • SPECIAL POWER OF ATTORNEY • KNOW ALL MEN BY THESE PRESENTS : That A. J. RAISCH PAVING CO. , RAISCH PRODUCTS, INC. , and RAISCH EQUIPMENT CO. , ,corporations organized and existing under the laws of the State of California, and having their principal office in San Jose, California, do hereby constitute and appoint A. G. RAISCH, STEVEN W. GOSSETT, RAYMOND L. MESSA, RONALD L. SHEARY and LEO J. CACITTI their true and lawful Attorneys-in-fact to sign, execute , seal , acknowledge and deliver for , and on its behalf, and as its act and deed, at any place within the United States , any and all bonds , recognizances , undertakings , contracts or other writings obligatory in the nature thereof, any such obligations within the United States , in any amount. Any said corporations hereby ratifies and confirms all and whatsoever said Attorneys- in-fact may lawfully do in the premises by virtue of these presents . This appointment is made under and by authority of the following resolution passed by the Board of Directors of . each of said corporations at a meeting held at the principal office of said corporations a quorum being present and voting , on the 28th day of April , 1972 , which Resolution is still in effect : "RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Corporation, in its name and as its acts , to execute and acknowledge for and on its behalf any and all bonds , recognizances , undertakings , contracts of indemnity or other writings obligatory in the nature thereof, with power to attach thereto the seal of the Corporation . Any such writings so executed by such Attorneys- in-fact shall be as binding upon the Corporation as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons . " . • IN WITNESS WHEREOF, each of said corporations has caused these presents to be sealed with its corporate seal , duly attested by its Chairman of the Board and its Secretary, this 23rd day of February, 1987 . A. J. RAISCH ING CO. RAISC PROD S , INC. RAISC EQUIJ T CO. By B B f P esident P esident P' esident • By .71#19p, 7/ By S Cdr, ( ! By 2 74 -04 ecretary ecretary �cretary STATE OF CALIFORNIA COUNTY OF SANTA CLARA ] On this 23rd day of February, 1987 , before me , came the above- named President and Secretary of A. J. RAISCH PAVING CO. , RAISCH PRO- DUCTS , INC. , and RAISCH EQUIPMENT CO. , to me ,personally known to be the individuals and officers described herein, and acknowledged that the . seals affixed to the preceeding instrument, are the corporation seals of said corporations and that the said corporate seals and their signa- tures as officers were duly affixed 'and subscribed to said instrument by the authority and directions of said :Corporations .. -\\70-ti, 0- t i, Q o 1'Ac Notary Public I hereby certify that the above resolution dated April 28 , 1972, and special power of attorney_dated Febr ary 2 , 1987, are still in full force and effect as of the /3 day of 0(? -1 O / 19 (�. V . i . BRYAN RAISCH Secr: _ary I , the undersigned , Secretary of A. J. RAISCH PAVING CO. , a California corporation , hereby certify that at a Special Meeting of its Board of Directors , held on April 28 , 1972 , the following resolution was adopted : RESOLVED : That this corporation and RAISCH EQUIPMENT CO. , a corporation , and RAISCH PRODUCTS , INC. , a corporation , shall form a corporatepartnership to do busienss as RAISCH CONSTRUCTION CO. for the purpose of contracting for and constructing roadways and highways , and that any officer of this corporation is authorized to execute contracts on behalf of the said partnership. I , further certify that at an Annual Meeting of the Board of Directors of A . J. RAISCH PAVING CO. held on September 29 , 1986 , the following officers were elected by the Board of Directors for the fiscal year 1986- 1987 , to serve as such, commencing September 29 , 1986 , until successor officers are duly selected. ALBERT G . RAISCH Chairman , President , and Chief Executive Officer ROBERT T. GREENE Executive Vice President and Chief Operations Officer JOE T . THOMASON Executive Vice President , Treasurer , and Chief Financial Officer STEVEN W. GOSSETT Senior Vice President and General Manager of Construction and Construc- ion Products Activities BRYAN A. RAISCH Secretary and Legal Counsel • SUSAN A. SILVA Vice President LAWRENCE J. Vice President and Manager of Land KLAMECKI Development Division MICHAEL M. McHALE Vice President and Manager of Accounting Division RAYMOND L. MESSA Vice President and Manager of Structures Division DANA K. RAISCH Vice President and Director of Industrial Relations DOUGLAS E. RAISCH Vice President and Manager of Products Division RONALD L. SHEARY Vice President and Manager of Construction Engineering • LEO J. CACITTI Vice President and Manager of Field Operations A. J. RAISCH PAVING CO. kre 41 if BRYAN }1. RAISCH, Secretary ATTEST,,: / r• } r STATE OF CALIFORNIA COUNTY OF SANTA CLARA ss. • On this 2ndday of November, 1987- , before me, � n,9er•r.a MM until , a Notary • Public in and for the said County and State, residing therein , duly commissioned and sworn, personally appeared Ronald L. shears , known to me (or proved to • E me on the basis of satisfactory evidence) to be the person whose name is subscribed ' to the within instrument as 'the attorney-in-fact of RAISCH CONSTRUCTION CO. , a copart- nership composed of A. J. RAISCH PAVING CO. , a California Corporation , RAISCH PRODUCTS, INC. , a California Corporation, and RAISCH EQUIPMENT CO. , a California corporation, and acknowledged to me that he subscrived the name of RAISCH CONSTRUCTION CO. ,. a co- partnership composed of A. :J. RAISCH PAVING CO. , a California corporation, RAISCH PRODUCTS, INC. , a California corporation, and RAISCH EQUIPMENT CO. , a California Cor- poration, thereto as principal and his own name as attorney-in-fact. In witness whereof I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. '^-- FREDEa1CbA M. HOWELL NOTARY PUBLIC-CALIFORPd1A /'�//) ec AI / I/ ktR(''-` '' '/ PRINCIPAL OFFfCE IN JC�� L !`-l. l.' �� / Fro ' Rd SANTA El �.. �A..,;�cLAnA COUNTY U 'otary um ic n an' or t e County o My Commission Expva;Oc,..5• 1990 r. Santa Clara, State of California ........._L'se:'.'✓L.....t.7e:e:r:Rp3 • r 2�ic;_tir{ . Bond # U 68 84 59 FAITHFUL PERFORMANCE BOND • 1987 Premium: $2,467. KNOW ALL MEN BY THESE PRESENTS: THAT WE, RAISCH CONSTRIICTION CO. as Principal and UNITE❑ PACIFIC INSIIRAJ\LCF COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California. in the sum of TWO HUNDRED SEVENTY FOUR THOUSAND ONE HUNDRED TWENTY ONE &no/100 Dollars ($ 274,121.00 ) 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: WIDENING OF McCLELLAN ROAD, PROJECT 4020 • 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 2nr1 day of Nnvpmher • 19 R7 • STATE OF CALIFORNIA SS. RAISCH CONSTRUCTION CO. County of Santa Clara l��J On November 2, 1987 before me, kiaGs3,4.>?:•W4a1Wr Notary Public, State of California, duly commissioned and sworn, By: -"t" .s �p1 J Johnson Principe personally appeared...OAY A• personally known onard L'. Sheary, Attorney-in-Fact to me to be the Attorney-in-Fact of the Corporate Surety that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation UNITED PACIFIC INSURANCE COMPANY herein named and acknowledged to me that such Corporation Surety executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed Santa Clara �•?rAnr•gau�- my official seal in the County of the day and By:year In this certificate first above written. At o ney n Faa * Jo A. ns • � � � :his day of 19 S . C7\ EARLAJ. Vt+AGNEA • NOTARY PUBLIC-CALIFORNIA •' SANTA CLARA COUNTY • c� My Commission Expires Ott 29.1990 • Bond # U 68 84 59 ®en] - 2 19(34 Premium: Included in LABOR AND MATERIAL BOND FP Bond. KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and RAISCH CONSTRUCTION CO. 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 TWO HUNDRED SEVENTY FOUR THOUSAND ONE HUNDRED TWENTY ONE AND NO/100 DOLLARS ($ 274,121.00 ) . 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. STATE OF CALIFORNIA • COUNTY OF SANTA CLARA)-s' On thisznd day of November, 198 7 , before me, EXederica M. Howell , a Notary Public in and for the said County and State, residing therein , duly commissioned and ' sworn, personally appeared Ronald L. Shealy , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as -the attorney-in-fact of RAISCH CONSTRUCTION CO. , a copart- nership composed of A. J. RAISCH PAVING CO. , a California Corporation, RAISCH PRODUCTS, INC. , a California Corporation, and RAISCH EQUIPMENT CO. , a California corporation, and acknowledged to me that he subscrived the name of RAISCH CONSTRUCTION CO. , a co- partnership composed of A. 'J. RAISCH PAVING CO. , a California corporation, RAISCH PRODUCTS, INC. , a California corporation, and RAISCH EQUIPMENT CO. , a California Cor- poration, thereto as principal and his own name as attorney-in-fact. In witness whereof I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. c arveraecaIMUS;raosemumsettmetstonemntme+eeet¢t FREDERICA NI. HQ?IELLE `�,.--1,4 ?qq"�� NOTARY PUBLIC-CALIFORNIA�„ �Q r i Oa_ `�,• ;C.''"'` PRINCIPAL OFFICE IN E SANTA;T,cLAr,A COUNTY 'otary 'u' ic in an. or t o County of 5S.� My Commission Expire sOct 51990,^ Santa Clara, State of California Bane: risme 948••_^-"veeea::IL1::::tsn::R::e:::e:ttesza • 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 2nd day of November 19 87 RATS AL CONSTRUCTION CO. B : •1 \ • � . . STATE OF CALIFORNIA Princi•=1 Ronald L. Sheary, Attorney-in-Fact SS. County of Santa Clara On.NOMember..2,.tsfZbefore me Earla J. Wagner UNITED PACIFIC INSURANCE COMPANY Notary Public, State of California, duly commissioned and sworn. I Surety personally appeared..JRdY A- Johnson personally known to me to be the Attorney-in-Fact of the Corporate Surety that executed the within instrument, and known to me to be the person " who on Corporation executed named and acknowledgedtt to me behalf such hereinCorporation By: y�l �- 9-91/ /�,�t y� executed the same. At or hey—in—V.4 t •� " \ IN WITNESS WHEREOF, I have hereunto set my hand and affixed Jo A. Johnson my yearn offcth is seal In thee Cfiounty ytof .aove wota . ad>;3 the day and ten. aitieL , (JU• , ved this day of EARLA J. WAGNER �+'-' NOTARY PUBLIC-CALIFORNIA % Sti` g e SANTA CLARA COUNTY i?fr My Commission Expires Oct.29,1990 I • 6/17/85 "UNITED FACIE-4'1C INSU AYCiC.r COMPANY- HEAD OMPANYHEAD 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,clop hereby make,constitute and appoint JODY A. JOHNSON of SAN JOSE, CALIFORNIA--- its truo and lawful Attorney-in-Feet,to make,execute,mal 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 wore 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 Attorneyls)•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 effect,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 of floor designated by the Board of Directors shall have power and authority to la)appoint Attorneys•in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and Ib) 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,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. Tice corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,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 Bylaws 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 01 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 co 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 6th day of August 19 84 O�`g� UNITED PACI IC INSURAN OMPANY f t S°.vL )c !. Vice President STATE OF Washington COUNTY OF King On this 6th day of August , 1984,personally appeared Charles B. Schmalz to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY,and acknowledged that he executed and attested the fore- 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,sat forth therein,are still in full force. My Commission Expires: (: • .4,5%,>4\ July 20 to. 86 ,. Notary Public in and for State of Washington Milton ResIding at • I, Charles J. Falskow , Assistant Secretary or the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY..which is still in full force and affect. IN WITNESS WHEREOF,I have hereunto sat my hand and affixed the seal of aid Company this2nd dayof ,N��Jovember /� 1987 bDU'1431 Ed. 4)80 .319A") Assistant Secretary �'" -"am u- -446-. ©t ,, CERTIFICATE OF INSURANCE' ISSUE DATE(MM/DDNY) 10/22/87 tC PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS El AlexaMeridian & Alexander Of California Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, 15e EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 5700 San Jose, California 95150-5700 COMPANIES AFFORDING COVERAGE Telephone(408)264-6700 TWX 910-038-0239 COMPANY Telex 408-2642462 LEITER A FIREMAN'S FUND INSURANCE CO. COMPANY B INSURED LETTER COMPANY RAISCH CONSTRUCTION CO. LtiltC H P. 0. Box 729 COMPANY D Mountain View, CA 94042 LETTER COMPANY E _ LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. ElTYPE OF INSURANCE POLICY NUMBERO PO=EFFECTIVE DATE(K(EXPIRAVA/CCITT) ALL LIMITS IN THOUSANDS GENERAL LIABILITYI GENERAL AGGREGATE $ 2 000 51 COMMERCIAL GENERAL LIABILITY PRUOGCTSWNP/OPS AGGREGATE $ 2 000. ■■ cams MAIN ®DLOIWiEMF PERSONAL&AGGREGATE WG INJURY $ 1 000 III OMNEB'S 5 CENIRCIOR5HOTECTWE KXC6146415 5-1-87 12-31-87 EAD mm "� $ 1 000 . FIRE DAMAGE(ANY ONE FIRE) $ 50 . MEDICAL EXPENSE(ANY ONE PFASON) $ 5.. AUTOMOBILE LIABILITY ' " m ANY AUTO ALL OWNED AUTOS ■ SCHEDULED AUTOS $ 1 000 Y ,�,..! 111 EMILY INJURY ((PERPERSON $ HIRED AUTOS • KXC6146415 5-1-87 12-31-87 i�i ' :;; © NON-OWNED AUTOS Am9[xn $ i'-.;:<,', ..GARAGE LIABILITY PROPERTY_ _ _ DAMAGE $ 1 . I■ LIABILITY 1.1 $ otaN� $EACEI AoceEwre OTHER THAN UMBRELLA FORM li STATUTORY ,_ —. WORKERS'COMPENSATION AND KWP80246094 5-1-87 12-31-87 $ • I I "ACCDEN1) EMPLOYERS'LIABILITY '`$ 2 000 (OISEASEPOLILY UM) $ 2 000 (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Widening of McClellan Road, Project #4020 Clubhouse Lane to Mira Vista Avenue RAISCH JIB ;8_0 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF. THE ISSUING COMPANY WILL EXiARAVOEMRRX ' MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF CUPERTINO LEFT, X5AF1tMYTKX �IL�P32C4ICeT KItEMO4R P.0. Box 580 . li. .4:4. ' . :vv. :.v. . .5..lv ha. : .+.o. '' XUT' IaXL'WRFREIBISR Y8AQN1@M AUTHORIgD REPRESENTATIVE Cupertino, CA 95015 — Sara J. Fount.// ACORD 455 (1185) .�' IIR/ACORD CORPORATION 1985 a PRIMARY CLAUSE SUBJECT TO ALL OTHER TERMS AND PROVISIONS OF THE POLICY, SUCH 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 WIDENING OF MC CLELLAN ROAD, PROJECT 4020 - CLUBHOUSE LANE TO MIRA VISTA AVENUE, CITY OF CUPERTINO, CALIFORNIA. CANCELLATION CLAUSE IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 SHALL BE GIVEN THIRTY (30) DAYS WRITTEN NOTICE BEFORE ANY REDUCTION OF COVERAGE OR CANCELLATION OF THIS INSURANCE IS EFFECTIVE. • INSURED POLICY NUMBER RAISCH CONSTRUCTION COMPANY KXC6146415 PRODUCER EFFECTIVE DATE Alexander & Alexander of California, Inc. 11/2/87 ONE OF THE C• -NTER SIG NAT •F AUTHORIZED AGENT FIREMAN'S FUND INSURANCE COMPANIES U j�` „„4„,,, 4 AS NAMED IN THE POLICY �/ ~ PRESIDENT ID- - a . •'ar I n 180009-6.65 SETS • Ip • • CL 245 POLICY NUMBER: KXC6146415 COMPANY: FIREMAN'S FUND INSURANCE CO. (11-85) INSURED: RAISCH CONSTRUCTION CO. EFFECTIVE: 11/02/87 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 09 11 85 ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): Location of Covered Operations CITY OF CUPERTINO, ITS OFFICERS AND EMPLOYEES Widening of McClellan Road, Project 402 Clubhouse Lane to Mira Vista Avenue Premium Basis Rates Advance Premium Bodily Injury and (Per Property Damage Liability Cost $1000 of cost) b Total Advance Premium $ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section II) is amended to (a) All work on the project (other than ser- include as an insured the person or organization vice, maintenance, or repairs)to be per- (called "additional insured")shown in the Schedule formed by or on behalf of the additional but only with respect to liability arising out of: insured(s)at the site of the covered op- A. "Your work" for the additional insured(s) at the erations has been completed; or location designated above, or (b) That portion of"your work"out of which B. Acts or omissions of the additional insured(s) in the injury or damage arises has been connection with their general supervision of put to its intended use by any person or "your work"at the location shown in the Sched- organization other than another con- ule. tractor or subcontractor engaged in per- 2. With respect to the insurance afforded these addi- forming operations for a principal as a part of the same project. tional insureds, the following additional provisions apply: (3) "Bodily injury" or "property damage" aris- A. None of the exclusions under Coverage A, except ing out of any act or omission of the addi- tional insured(s) or any of their employees, exclusions(a), (d),(e), (f),(h2), (i)and(m),apply other than the general supervision of work to this insurance. performed'for the additional insured(s) by B. Additional Exclusions. This insurance does not you. apply to: (1) "Bodily injury" or "property damage" for (4) "Property damage" to: which the additional insured(s) are obli- (a) Property owned, used or occupied by or gated to pay damages by reason of the as- rented to the additional insured(s); sumption of liability in a contract or agree- (b) Property in the care, custody , or control ment. This exclusion does not apply to of the additional insured(s) or over liability for damages that the additional in- which the additional insured(s) are for sured(s) would have in the absence of the any purpose exercising physical con- contract or agreement. trol; or (2) "Bodily injury"or"property damage"occur- (c) "Your work" for the additional in- ring after: sured(s). arit345i d1 � ;�'. Copyright, Insurance Services Office, Inc., 1984