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88-006 Norman B. Houge, Inc., De Anza Blvd and Bollinger Rd Street Improvement, Project 86-20A • • • -CONTRACT FOR PUBLIC WORKS CONTRACT made on -- 2d/ / tr by the CITY OF CUPERTINO, a municipal corporation of the State pf California, hereinafter called the CITY, and NORMAN B. HOUGE, INC. ,hereinafter called the CONTRACTOR. • IT IS HEREBY AGREED by the parties as follows : 1 . THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents : A. Plans and Specifications for DE ANZA BOULEVARD AND BOLLINGER ROAD STREET IMPROVEMENT, PROJECT 86-20A - B . Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate C . This Contract D. Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of 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, DE ANZA BOULEVARD AND BOLLINGER ROAD STREET IMPROVEMENT, PROJECT 86-20A • Page 1 and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J . Viskovich, Director of Public Works . 3 . CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of : FIFTY SIX THOUSAND NINE HUNDRED SIXTY-NINE AND 46/100 DOLLARS ($56,969.46) subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the partie's are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. • • 6 . INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to ' be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor's expense. • 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, • Page 2 • deviations, additiona or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. B . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: Thirty (30) working days. If the Contractor shall be delayed in the work by the acts or. neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor' s control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. Page 3 11. INSPECTION AND TESTING •OF MATERIALS . The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the.same, if the City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and peiform the Contract, or does not commence performance thereof within thirty days from the date of the serving of such notice, the City may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in completing the work, • such materials, appliances, plant and other pioperty belonging to the Contractor as may be on the site of the work and necessary therefor. 13 . THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final , completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to • substitute securities 'as provided in Section 4590 of fhe California Government Cade as more fully described in the City' s Notice to Contractors. • Page 4 • • • 14 . NOTICE AND SERVICE THEREOF. Any notice from one party td the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: 780 Union Avenue Campbell, CA 95008 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United ' States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16 . COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless the City agreesin writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Contract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the' contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney's • fee to be fixed by the court in case suit is brought upon the bond. • Page 5 . • 18 . INSURANCE. . The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract• until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this ' Contract shall also contain an endorsement providing that thirty • (30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take :ut and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of his employees employed at the site of the project and,in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Code, "I am aware of the provisions of Section 3700 of the Labor Code • which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply • With such provisions before commencing the performance of the work of this contract." • (b) LIABILITY INSURANCE. The Contractor shall take out and • maintain during the life of this Contract such Bodily Injury • Liability and Property Damage Liability Insurance as shall • protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do ' with blasting, collapse, and underground property damage) , which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor 'or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: • • 'Bodily Injury Liability Insurance in an amount not less than $300,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $500,000.00 on account of one accident, and • Page 6 • Property Damage Liability Insurance in an amount not less than $250,000 .00. The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 19 . HOLD HARMLESS. The Contractor will save, keep, and hold harmless the City and all officers, employees, and • agents thereof from atanyltimemarise ors be�setr uppbecauseexenses, iofnipersonal injuraw or in y�or rhdamage the course to property sustained by any person or persons by reason of, or in infringement of ore alleg daninfringement of said rof the k, or by reason of any person or persons, firm or corporation in consequenceeatent' ofrihtthef uan se in, on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required _ to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20 . HOURS OP WORK. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be- required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, 'work performed by employees of contractors in • excess of eight hours per day and forty hours during any one week • shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half mes stipulated tithe of thatforbeach and asic eeveryaviolation of Sections 1811 1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for- each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. • • Page 7 • The Contractor, and . each subcontractor, shall keep an accdrate record showing the names of and actual hours worked each calendar :lay 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, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof . Neither the notice inviting bids nor this Contract shall constitute a representation of ' fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by. him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in • subdivision (a) shall be made available for inspection or • furnisbed upon ,request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the. Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that either the body awardingbythe hecontract,ublic shalthee Division made ouof • 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 sucha manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall, within five working days, provide a notice of a change of location and address. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, • as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the, request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. '(h) The director shall adopt rules consistent with the California Public Records Act, (Ch; 3 .5 (commencing with Section 6250) of Div. 7; Title 1. Gov. Ch. ) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. . Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. • Page 9 • Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070) , Division 3, of the Labor Code, are ' eligible to be employed on public works. The employment and training. of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any. apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprdnticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. • The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number -of apprentices or the ratio of apprentices to journeymen• stipulated in the apprenticeship standards. Upon proper showing by' the Contractor that he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than .one apprentice to each five journeymen, the Division of • Apprenticeship Standards may grant a certificate exempting the Contractor for the 1-to-5 ratio as set forth in this section. This • section Shall not apply to contracts of general contractors involving less than thirty. thousand ($30,000.00) or twenty ( 20) 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 Ahaveethecdiscretion 'tolgrantTha joint apprenticeship whichp committeebe shall to the approval of the Administrator of Apprenticeship,' tics shall subject contractor from the 1-to-5 ratio set forth inthictionmwhen git finds that any one of the following conditions are mets (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b • area )exceeds ha ratio ofe event or (c) of apprentices in training in such (c) If there is a showing that the apprenticeable craft or trade is replacing at leant one-thirtieth of lts journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis. (d) If assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees of the public •at large if the specific task to which the apprentice When such exemptions are granted to an organization which' represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. • A contractor to whom the contract is awarded, or an subcontractor under him, who, in performing any of the work, under thh .contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a nd or fund s to aitarnnd cact the asintesepinany. such craftorrdeithe areof the te of thpublic 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 tabor StandardsoEnforcement isdauthorized tontenforceTtheD • ivision ofpayment of.'such'dontributions to the fund or funds as set forth in Section 227. * . • Page 11 • ' The body awarding -the contract shall cause to be inserted in the contract stipulations to effectuate this section. such stipulations shall fix the responsibility of compliance with this section for .all apprenticeable occupations with the prime contractor. All decisions of . the joint apprenticeship committee under this section are subject to the provisions of Section 3081. . (Amended by Stats. 1976, Ch. 1179) 1777.6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works, on 'the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by • Stat. 1976, Ch. 1179) 1777.7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777.5, such contractor shall: (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship, and (2) Forfeit as a civil penalty in the sum of fifty dollars - (.$50 .00) for each calendar day of noncompliance. NothWithstanding • the provisional ofSection 7, determination theawardingbody shall withholdsuch from contract progress payments then due or to become due such sum. (b) Any ' such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable .notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. _ (c) Any • funds withheld by the awarding body pursuant to this Section Shall be deposited in the general fund if the awarding body is a state entity, or in the equivalent fund of An awarding body if such awarding body is an entity other than the state. . The interpretation and enforcement of Sections 1777.5 and 1777.7 shall be ' in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by State. 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 • :. dotard 1$25.00 ) for each calendar day,' or portion thereof, for each laborer+ workman, or mechanic paid less than the stipulated : .OtAVKiling rates for any work done under this Contract by him or by f:gny : adbcontractor Under work done under this Contract by him or by 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 guardedor eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23 . PAYMENT. Not later than the first Tuesday of each calendar month, the City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project, during the preceding _ calendar month, by the Contractor, but the City will retain ten percent (10%) of the amount of each of said estimates until the expiration of thirty-five (35) days from the date of recording by the City of notice of acceptance of completion of all work covered by this Contract, if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body; or, if such notice be not so recorded within ten days, until the expiration of ninety-five ( 95) date after the acceptance of completion of such work of improvement as evidenced by resolution of its governing body, at which time and not before, the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City's representative shall, before the last Tuesday of each . month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of ' completion. In event of the failure of the City's representative to furnish and deliver said certificates or any of them or in lieu • Page 13 ' . PT abed 'uT so ';oasay; •;svd duv so ;uawdTnba so ',son '6uTpTTnq pTvs o; uaddvy dvw ;vy; abvwvp 20 SPOT duv so; d;TTTgeTT so esuadxa 'abvwvp 'ssoT sauna sp aTgvzensuv aq 'sauuvm so Awn Law uT ' ';ou TTvys • d;TO ay; 'buTobaso; ay; o; ;Oacgns •vase pa;vrndod v uT pas29000 buTnvy dauabsawa ;o a;E;e 30 sa;evsTP ;o uoT;vwvToosd v paenvo envy 0; ;uaTOT;ins ,son ay; 3o a;Ts ay; ;v epn;Tubvm v 3o asan 20 'sa;v;5 Pa;Tun aye 30 ;uapTeasd ay; Aq 30 VTUZOJTTv0 ;o a;v;s ay; ;o 2ou2an0p ay; Aq douabsawa 3o a;v;s 20 sa;evsTp v paWTvToosd uaaq envy s;0a;;a puv suo7;Tpuoo so seouassnoao yaps uayn 'Pa4PM TvpT; paw sa,vnby;sva is;Oa;;a puw euoT;Tpuo3 so saouassnoao buTnoTTo; ay; ATuo apnTouT TT94s .Pop 30 639tl. 'pop ;o ;oy uv Aq pasnvo ,son ay; o; abvwvp duv so; d;TO ay; A;TvmaPuT o; aouvsnsuT ay; uTv;qo . 'wa;T PTq agendas v sT mnTwasd aouvsnsuT eq; 3T 'TTv4S so4ovs;uo0 eq; '95313HZH3A3N •pop ;o ;3 uv Aq pasnbo ,son ay; o; abvwvp buBso;Sas 30 BUT/Tilde/ ;0 ;so, ay; so; ajgTsuodSas aq ;ou TTEys 29491224u00 94y •NHOM MIX HOZ 7LLIZIHISNOdSau S,HOSOVHZNOO 'SL •ay; d3T;ou LTa;vTP�T TTv4e e4 'Pa Pose ono 'buT;TsM uT 8780 BOTnsae ay; 'suo ;va oad uv p o ay; av eeq;a; q POT3F4u9 ;0u sa T T3T 8S puv suetd ;ays;uo0 a4? uF 8q F0 ay; Aq PF T4TTf 3 4TTTgn ssanoosTp ;ovs;uo0 ay; buTmso;sad eTT4m 29;ov2;uo0 944 3I 'saT;TTTov; d;TTT;n buT;sTxe ay; ;o uoT;vaoTas 20 Tvnowas ay; so; aPBnosd o; 'd;TTT;n oTTgnd ;ay;o so 'd;TO ay; ;o asnTTv; ay; Aq pasnv0 sT dvTep gone uayn 'noTaq LZ ydvsbvsvd uT papTnosd eE ';aeGosd ;3vs;uo0 ay; ;o uoT;atdwoo uT Avjap so; sabvwvp pa;vpTnbTT passaesv aq ;ou TTvyv so;Ovs;uo0 ay/ •a;Ts uoT;ans;suoa ay; 'o; ;uaowcpv so 'vo saxoq uoT;aunF paw ssa;am ping 's09TPTTnq av e3T;TTT9e3 eigTSBa 43ne ;o eouasead ay; mos; passe;uT aq uvo a;Tv uoT;onz;suoo ay; uo saT;TTT;n y3ns 3o aauasasd ay; uayn sTvse;wT a3Tn28e vvy; say;o 'saOT;voT;Toads pvv suv8d ay; uT PaivoTPuT qou e9T4TTT09; d;TTT;n o; a61912p buTsTvdas - so buT;waoias uT passnouT s;soo so; so;ovs;uo0 ay; e;vsuadmoo Treys d;TO 943, 'sPTq so; uoT;v;TAUT ay; ;o ;sed v apvw euoT;v3T;Toads paw suvid ay; uT 8;Ta eqi Aq PeT3T;uepT ;ou am? SaT;TTT;n oTTgnd yons ;T druo ;nq 'uofans;suoa ;o a;Ts ay; uo pe;v3oT 'duv 38 es9T4TTT19 oTTgnd buT;STxa ;o uoT;aa;osd so 'voT;vooTas 'Tvnowas ay; so; 'LTuo ;ovs;uo0 sjy; o; seT;svd ay; uaaq;eq sv eTgTsuodses • eq TT94e L TO a43 'saIZIZIsn OIZHOd AO NOIS03SOHd '6Z 'MET Aq pasTnbas eq dvw Tvnosddv paw voTloadsuT sane;EyM o; ;oa{qns paw 'd;TO ay; ;o Tvnoiddv paw uo floadsuT ay; 0; pe;aacgns eq o; sT ,son asT;ua ay; ;nq 's;uewdvd ynns ;o aWT; ay; o; do avop ,soa ay; ;o aauv;daoov a;njovgv uw ev pans;suo3 eq ;ou Hays 8;T0 ay; Aq s;uawdvd esasbosd ;o ;uewdvd ay/ 'e9;E9T3T1290 94; 07 so;0vs;uo0 ay; aT;T;Ue TTvys 69T4T2M PTEs ;o s;uawasTnbas ay; y;TM so;OEs;uo3 ay; Aq aouwTTdwoa v uay; 's94120T3T;sea 944 ;o naTT uT 'pTvsaso;v buT;TSM 944 ssanTTap anne;uesasdas s,d; TO 04; OSEJ uT •aTgedvd paw anp ewooaq TTEys ewes ay; 'sa;;vesay; sAvp (OT) ue; uT4;TM PaysTusn; ;ou asv se;EOT;T;sea pTEs ;uena uT 'pup ,d;To e4; y;Tm puvwap aTT; dvw so;oes;uo3 ay; 'awns ay; so; wry uodn apvw uaaq say pavwap ua;;TSM sa;;v pus. 'pTvsaso;v SewT; 94; sa;;v sAvp (OT) ua; uT4gtm 'PTvsazo;e buT;T1s ay; ';oasay; • • on, or aboutthe 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 Cl) year of the date of acceptance of completion of this Contract by the City, the Contractor' will forthwith remedy such defects without coat to the City. 27. LIQUIDATED DAMAGES. Time shall be of the essence of this • Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of for each and every working day during which said work shall remain • uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any exdess. 728. • ADDITIONAL PROVISIONS. None Page 15 il STATE OF CALIFORNIA On this -5th day ofMay in the year a Clara ss. Nineteen Hundred & Eighty-Eight before me, COUNTY OF....Sand Carole M. Houge ,a Notary Public,State of California, duly licensed and sworn,personally appeared David Rouge ya�yi� OFFICIAL SEAL personally known to me(or proved to me on the basis of satisfactory evidence) A. CAROLE M. HOUGE to be the person who executed the within instrument as Vice'P];e$ 111,.• +_+:10 Notary Public-California or on behalf of the corporation therein named and acknowledged to me that , ���E�w SANTA CLARA COUNTY such corporation executed the within instrument pursuant to its by-laws or a `x R My Comm.Exp.May 19,1989 resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal ' the ,County of ywa,N �„mm�.nrnedymo. .,atowrob Santa tiara on the atset forth abo e in this certificate. transactions andInno Way acts.a Is intended o0.asasubs°ab lot to eato a b attorney.Tlie pilaf does m mob any wanaaa/e0ao.n+gas+a bnpaa as m an 'oa°'v°m"ymanProvision athe ur"a°'I'"a°"sforms"any specific°ans.-W. Notary Public,Sta ofCalifomia I. Cowdery's Form No.28—Acknowledgement to Notary Public— Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires • • • • P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. • CITY OF CUPERTINO Approve- - s to f. rn . 0%/4 Mayor • 4,144 d� lit Attorney City Clerk: • D. t-/City Clerk: � • CONTRACTOR: !!,,ryry r g �rypp+ • 1`7lk a131Stii•V J. Vi 'GES UN'%,._ • - r Notary acknowledgment required. If a corporation, corporate seal ®,�d,L '"' � Vico• resa • and corporate notary acknowledgment required. • Project. Name and Number: DE ANZA BOULEVARD AND BOLLINGER ROAD STREET IMPROVEMENT Contractors Name: PROJECT 86-20A NORMAN B. HOUGE, INC. ; 780 Union Avenue; Campbell, CA 95008 Contract Amount: FIFTY•'SIX THOUSAND NINE HUNDRED SIXTY-NINE AND 46/100 ($56,969.46) • . ; ,COatrart.. Account Humbert 120-4019-953 • • ,kb: ,y,y,q::•moi`;''.!•.. . • • • Page 16 • • t Xr1I1:5I I 7 \ HOUGE PROPOSAL TO THE DIRECTOR OF PUBLIC WORKS CIIY OF CUPERTINO STATE OF CALIFORNIA Dear Sir: • In compliance with the Plans and/or Specifications furnished for the work of constructing co completion DeAnza Boulevard and Bollinger Road Traffic Signal Modification, Project 86-20 A, I, the undersigned, hereby declare that I have read the proposal requirements, conducted an inventory of. che signal equip- mens supplied, visited the site, and examined. the specifications . I, the under- signed, hereby propose to do all work required to complete the said work in accordance with the Plans and/or Specifications for the prices set forth in the _Following schedule. I further understand that said prices -include all costs including, but not limited co, local, state and federal taxes and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and the City of Cupertino does not state chat the actual amount of work will correspond but reserves the right to increase, decrease, or delete the amount of any class or portion of the work or to omit items or portions of the work chat may be deemed necessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the mast advantageous proposal, to refect any or all bids or to waive any irregularities in the bidding procedures. The work to be done consists of furnishing all labor, methods, or processes, cools, machinery and material required to construct to completion and in working usable order, Deana Boulevard and Bollinger Road Street Improvements, Proiect 86-20 A, as described in the Special Provisions. In the event of discrepancies between the written unit price and the numerical cit price, the written price shall govern. • • ESTIMATED QUANTITIES The bid prices for this project shall be as outlined below: BID EST.QTY. ITEM UNIT ITEM UNIT PRICE TOTAL 1. LS 2iabiliz tion 674./.1-5. /<416/Sa40 $ ' /.SOO d� , d44oQ /5027 • Dollars/LS . $ — 2. LS Traffic SignalMpdification 7129 � �!Z SEdj Alad �.o 29•tl�. gid.Jo/L40 7704007 AJ,4J1f Dollars/LS // Proposal Page .1 of 8 • • Preoocal - tst_zatud Ouaatit_=_s Continued: BID- EST.QTY. IIEM UNIT ITE`t - UNIT PRICE TOTAL 3. LS Construction Signing and . - s ' spoO Traffic Control and I_nter- section Concral 7?0e.15. t-r/Q 2bcc4✓s. Dollars/LS LS Clearing and Grubbing 77/72.1.c.- .3.5-290 _ $ 3SOD 7//DdsA4. �dt f o.Tj a,w Dollars/LS • 5, LS Excavation, grading, and SsdF J $ Subgrade,Prep ,ic/z T/foa&aa)O �r'35 sfuroiuo ,4€44_ ! 73 S 70.ma7,4w •- 6/airs Dollars/LS • 6. 370 LF Remove Curb and Gutter $ 2 /LF $ 1¢0 72 0 w42S Dollars/LF 7. 2,960 SF Remove Sidewalk $ 1 /SF $ 2 9h,..0 O,uwave_ Dollars/SF SB6.0 8. 370 LF Install Curb and Gutter (San $ /2 —Its $ 7 7‘.3 Jose Std.) TL[J�LtJ ..: 06/.--.4/2..2 "Couto !tea c/aar (")‘.4)-r- . ")‘.cJT / . Dollars/LF 27 9. 1,655 SF Install Sidewalk (San Jose $ 2 /SF $ 7, Std.) Tit�O 2b4.,..6.4.2.. ,4-0L1/0 • TamAny Sa(m.c) / Dollars/SF /O 10. 190 SF Install Driveway -72-2.2.4..C. $ /SF $ s8 2 Dollars/SF • Q SS 11. 15 TNS Install A.C. Pavement� - (1/2" $ Cn /To $ 7.5s AGG.) -Six 7Z4/zA: _ a tirs Dollars/Tns . • Proposal Page 2 of 8 • Proposal - Estimated Quantities Continued: BID EST.Qfl. ITE,'! UNIT ITEM UNIT PRICE TOTAL DS-- 12. 65 tns Install A.C�.c/Pavemrent - �4" 5 E-18 --S:—..7 /TN 5 x/32 AGG.)i SS „cJJ (? Jr9 1.0 r Dollars/Tn Q r� 13. 13 CY FCC Plug .V/.. 730C.c. n2S 5 96 icy i `/7o Dollars///CY t - 14. 410 LF Savcuc AC (de. 2:19cti.4✓2_ $ / -- /LF $ I/O Dollars/LF 2S 15. 16 LF Sawcut PCC .5-/x.2aac,a/2. $ /LF $ /os .4-N > /e0-4.ct7i Fvre- Dollars/12 16. 1. EA Install Wheelchair Ramp (San 5 -575- 1 E $ S/s Jose Std.) Ai°sc.° ,z7. 7 a) 20a 2 Dollars/Ea 17. 1 EA. Install GO Inlet (State Sed) $ /52' /EA $ /c7/ 2.—€- O.vtT.�ous /o ,i -c..,L/uc& S'Aer ) 4.S ,uio 72v s.c1 iA7d s(Lys Dollars/Ea '/ Se;18. Z EA Adjust San Jose Water Valve /- y$ /EA: $ So 9" &4'Ldu,✓oa�o7i� �r/,e_ 24 . tc . .cr✓o Zc77 6€440r5 Dollars/Ea L9. LS Landscape and Irrietion 57/76 /LS $ 20h0 Modification Tine /1f64:45,4+Jo Siuty- .%Jct- res - Dollars/LS 20. 1 EA Relocate El`ectrol�/i//9s-r D.c1C $ X8/3 ! $ EA $ /273 . 7. 't9Strilo t2 ar E>w•c1B.&.lra - 7Elizrs,cl-lhc_Aes giciferArLe.ca rs . ' Dollars/Ea = . 21. 2 EA Install -1/2 Pull Box _ $ . '8o /EA $ 7 Z'2 v ro Ie/6m7/ - Dollars/Ea . Proposal Page 3 of 8 uN....-' t..:.. .,-.. 1; _;,as_ n. ',-.a.,.. '_ -+c.• r,_?.7r,,. < ::..,._.,Z.::. nor,] a . _. .... +-0... _._- ". _. _ ..., . • ?r000sa'_ - Estimated Cuar.tities Continued: • BID EST.QTY. ITEM CVITI_^! UNIT ?RIC: -OTAL 22. Removal of Existing Traffic Striping and Raised Pavement Markers: 210 LF A. Detail 10 (w/markers) nn 5 t a3 /LF 30 5 2/6 27.e �iF Li0(�/S GO 2 EA B. Tape Arrows $ /23 /EA $ 247a oaF l/arm/2•40 raw77earec...acaz to O 5 440 LF C. D/Y 5-'11 49-- -fre $ I '`q .Z i .pollarr�/LF/ /LF0 23. Removal of Thermoplastic Striping and Legends: 285 LF A. Detail 38 (8" White) nn $ 2 /LF $ -5787 21 LF B. 12" 4,^J7 2Z:raxe $ t — /LF $ /.29a /X 1 n.o-',1i5.s..Io • Dollars/LF/LF L'`,4475 24. Provide Signing and Striping 138.EA , A. Type "A" Marker ���� /� $ 3 - /EA $ 44%4 4Z T2fh-GTec-a2So"".J CS ":S1 . 49 25 EA B. Type "G" Marker 5 (c /EA $ /S4 SA( �c� a 2� ,4.�a rtrr-t.�a irs 3 EA C. Pavement Arrows $ /93^ /EA $ 369 cub E.ihace2s027,94.-..g034z-as 3 EA D. "40" Pavement Legends $ /6S /EA s 36-9 D.dg 2orii. e dais 1 EA E. Install (1) Wll and (1) R73-6 $ 3d 9 -/RA $ 3o (Two Sighs Total) 5 EA F. Relocate Signs $ X22—/EA $ AGt+rt2Lz.42,5 - 1 ES G. Remove sign. .`B3 - /EA • • $ `BS — DO, /. ',2-4&. .atc...t¢S TOTAL: $ .5-6- 747 AnU" • • • Proposal Page 4 of 8 • 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 ocher means of construction and co do all the work specified in the contract in the manner and tine specified. I, the undersigned declare chat this bid is made without connection with any person, £irn, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job aver another and each starting date where conflict of construction schedules occur. Attached heretojjis the required certified check or bid bond in the amount of $ F 1kk2_1 ( P r t , as required by law and the Notice co Bidders. (10% of bid amount) PROPOSAL PAGE 5 OF 8 • • A. BID DOCUMENTS, Continued BIDDER QUALIFICATION FORM • • In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and accurancy of the informa- tion is hereby guaranteed. • (1) How many years has your organization been in business under its present name? (2) How many years experience in work comparable with that • required under the proposed contract has your organization had by this or any other name? /7 (3) Contractor's License o. X2.5 C.3 , State of California, Classification (4) List work similar in character to that required in the proposed contract which your organization or personnel in • your organization has completed within the past 3 years. Year Class, Location of Work and for Whom Performed Contract Amount L i 7Q-/ Oft C u er-frna PrZ' - 6-// 1g9,1 /frovery2 „ rEnc. e- Ft;F(c N . LOG-/. oVg/F, 36.5c. 0 /5 t Ed} ., . /7 D om- / itd-c_•O d. .rtc..0 r.LL. , ooG S'( 4•1-1.°Lod k'�.w' //Nr+ci Cr1Sn7/Iv �C. . /9-g7 /t' 6 e Lb'a - -'5e2d: Con ‘,: e=• /, ono, 00 0 N:ffOd te-i--6 4-27( ('L'it / 1 /L/f". 1-/4Cc. . tows. • r vri-e /[ct, li"/ _5:7-'5 of O • p can ai Los &,,c-cos GAG/, /5a-796. ,G,4€- . Qva. �S . < Orot� cc en is • • • PROPOSAL PAGE 6 OF 8 • A. BID DOCL NTS , Continued Name of Proposed Sub-contractors, if any (Section 4104, Government Code) 1. (?, 4,42 � <L/O 2. �'. "tJ�/,J 3. /t, y S772-/0/4G 4. 5. 6. Address if Shop or Office of Sub-contractors (Section 4104, Government Code) / 1. SD/ ?#tC�� AL S . /b/�S/�_ 2. T ©. age, / Sa.Jo/�S� , CUA . 9s/,5-2) 3. iD. 'a x 7S/ 4. 5. 6. Work to be Performed by Sub-contractors (Section 4104, Government Code) 1. co,iG2. - ✓r_ 2. IL792. n 3. s/dscls9C�� �, 10 J%270i"Jt 4. 5. 6. PROPOSAL PAGE 7 OF 8 • A. BLD. D000MENIS, Continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A COPORATION", STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual: Co-Partnership INC.,Corporation .HOR)ViAN3. HOUGE, IN Joint Venture Ocher • (Describe) Name and Signature of Bidder: Nuls:iwtAH he; ti+,., INC. • (Print) (SignaturidAVjD HOUV_, vice-Pres. Address (Bach mailing and location addresses) : '7A/) ax)/on ,Qac . Cha c u�r CL C/'i574/7,-z.. Ln. (?44.2-IO&Lc- • Telephone Number: (A8 ) ' 377-07.27 Dace: 4.D/?/.- /0Z /`9 Addendas Received: 1 2 3 4 5 PROPOSAL PAGE 8 OF 8 Endorsement made and agreed to this 9th day of May 19 88 .n Assured Norman 11. Houge, Inc. Location Job: De Anza Boulevard & Bollinger Road Street Improvements., Project 86-20A THE CITY OF CUPERTINO, ITS EMPLOYEES', OFFICERS, AGENTS AND CONTRACTORS ARE HEREBY ADDED AS ADDITIONAL INSUREDS. THIS POLICY SHALL BE CONSIDERED PRIMARY INSURANCE AS RESPECTS ANY OTHER VALID AND COLLECTIBLE INSURANCE THE CITY OF CUPERTINO MAY POSSES AND ANY OTHER INSURANCE THE CITY DOES POSSESS SHALL BE CONSIDERED EXCESS INSURANCE ONLY. THIRTY (301 DAYS PRIOR WRITTEN NOTICE OF CANCELLATION SHALL BE GIVEN TO THE CITY OF CUPERTINO IN THE EVENT OF CANCELLATION AND/OR REDUCTION IN COVERAGE OF ANY NATURE. All other terms and conditions remaining unchanged. Attached and forming part of Policy No. N 8022 17 55 of the Firemants Fund Insurance Company • By: Fw- p- W'�' 7/.2� 4. DEMPSEY INSURANCE SERVICE INC. E. W. W 1 S do San Joao,California 2500- II/6S-B&R Of I CERTIFICATE OF INSURANCE ISSUE DATE(MM/OD/YY) 5-9-88 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ❑ Dempsey Insurance Service, Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 6210 San Jose, California 95150 COMPANIES AFFORDING COVERAGE Tel: (408) 985-0930 COMPANY LETTER A Fireman's Fund Insurance Company COMPANY B INSURED LETTER Norman B. Rouge, Inc. cCOLETMPPA Y TER r. 780 S. Union Avenue - Campbell, California 95008 COLEMPA D 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,ANDCONDI- Y TIONS OF SUCH POLICIES. LTR TYPE OF INSURANCE POLICY NUMBER ORATE POLICY ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000, X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 2,000, A X X CLAIMS MADE (OCCURRENCE 5-27-88PERSONAL 6 ADVERTISING INJURY $ 1,000, X OWNER'S6CONTRACTORSPROTECTNE MXXHOZZ 17 55 • 5-27-87 ' EACH OCCURRENCE $ 1,000, FIRE DAMAGE(ANY ONE RFE) $ 50, MEDICAL EXPENSE(ANY ONE PERSON) $ 5 AUTOMOBILE LIABILITY X ANY AUTO Ca $ 1,000, .. A ALL OWNED AUTOS EN SCHEDULED AUTOS I CX8022 17 55 5-27-87 5-27-88 (PER PER PERSON) $ RHIRED AUTOS I(MMpEJUqRY X NON-OWNEDAUT05 ACCIDENR $ , GARAGE LIABILITY pBDp�Y ` DAMAGE $ EXCESS LIABILITY T - EACH AGGREGATE iiiGccUPY4ENCE . H OTHER THAN UMBRELLA FORM $ $ STATUTORY _ WORKERS'COMPENSATION AND WP80291842 1-1-88 1-1-89 $ 10CN0, (EAACCIDET) N - EMPLOYERS'LIABILITY $ 500, (DISEASE POLICY LIMIT) $ 100. (DISEASE-EACH EMPLOYEE) t OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Job: De Anza Boulevard and Bollinger Road Street Improvements, Project 86-20A CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City of Cupertino PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Department of Public Works MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Cupertino, California 95014 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ri AUTHORIZED REPRESENTATIVE ta k/IPSSEEY I SURANC SERVICE, INC. By: 'W� W dams/dn' tee-r__./ ACORD 25-S(11/85) "IIR/ACORD CORPORATION 1985 STATE OF CALIFORNIA On this 5011 day of....May ,in the year Santa Clara ss. Nineteen..Uundred.A.EightyTEight ,before me, COUNTY OF Carole.m...Rouge. ,a Notary Public,State of California, duly licensed and sworn,personally appeared David..HQuge , ' �4s'L�, OFFICIAL SEAL personally known to me(or proved to me on the basis of satisfactory evidence) 3a i� CAROLE M. HOUGE f to be the person who executed the within instrument as Vice P.reS, ++r Notary Public-California we 7 f or on behalf of the corporation therein named and acknowledged to me that *��\E� SANTA CLARA COUNTY I � E.Ity 1 such corporation executed the within instrument pursuant to its by-laws or a L_____ __ _ _ _Dov" My Comm.Exp.May 19,1989 i resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the ,County of THa document'sooty acameral form which may as propos lx use m simple SAnt.a..CJ-Ara. / ...,onth//eeJ da♦y�set�/ffeorth above t.•,yj''{','is certificate. t tranativ,a and Nro.eY ub,x VlN nded malts ui as nlye other la Pe CC y--�a� /�C�. Z. Y{J p advice of an attorney.Tho wa printer does not maks any.an a my eNne prev of NOM as to the U legal validly of any maim of tsuaahamdthese farms hianyspocfc transaCtion. Notary Public, State orCalifomia Cowdery's Form No.28—Acknowledgement to Notary Public— Corporation(C. C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires STATE OF CALIFORNIA County of Santa Clara -% On this 9th day of May in the year nineteen hundred and . 88 . . , A. D. , before me . .Riggc.Tt ,t34k4§hima personally appeared . .41-In p. cook 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 .APelicaP. .Stai. . . . . , Insurance Company and acknowledged to me that he Norman S. Houget Inc. (she) subscribed the name of thereto as principal , and his (her) own name as attorney in fact. DnamiiCaei6]e]:::om mnram L9 =.e4iassu. OFFICIAL SEAL IN WITNESS WHEREOF, I have hereunto set my ` Lim DIANE LEE NAKASHIMA hand and affixed my official seal in said County C x I' I:OTARY POCLIC - CALIFORNIA the d, _ nd year t s rtificate above written LI ,'+ CORYTY OF SANTA CLARA (,"n /� cowl. Exp. June 14, 1989 /et�L 4'L i 6'f< e:;'—e Notary Public in and for the County of Santa Clara State of California B 5052(1/1/83) My Commission expires . 1 FAITHFUL PERFORMANCE BOND • Bond No. AB14624 KNOW ALL MEN BY THESE PRESENTS: THAT WE, NORMAN B. HOUGE, INC. as Principal and AMERICAN STAR INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of FIFTY SIX THOUSAND NINE HUNDRED SIXTY-NINE AND 46/100 Dollars ($ 56,969.46 ) 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 April 12, 1988 with the Obligee to do and perform the following work to-wit: • DE ANZA BOULEVARD AND BOLLINGER ROAD STREET IMPROVEMENT, PROJECT 86-20A 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 r and Surety this 9th day of May , 19 88 . (To be signed by Principal and Surety and acknowledgment.) NORMAN D. INC, Princi. lA d i ;'Wi:::yc, Vice-Pees. - American Star Insurance Company Suret, CZO-Ida—ee By: •ttor ey-in-Fact John E. Cook The above bond is accepted and approved this . .y of , 19_ IlOr . 2 AMERICAN STAR INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the American Star Insurance Company, a Corporation duly organ- ized and existing under the laws of the State of Wisconsin, having its principal office in the City of San Francisco, California, does hereby nominate, constitute and appoint: John E. Cook of: San Jose, California its true and lawful attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any and all bonds, contracts, agreements of indemnity, consents and other undertakings in suretyship. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the American Star Insurance Company at a meeting duly called and held on February 18, 1981 which said Resolution has not been amended or rescinded and which the fallowing is a true, full and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her: and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said American Star Insurance Company, has caused these presents to be executed by its officer, with its corporate seal affixed. ••„ AMERICAN STAR INSURANCE COMPANY • : s �v .cc: 2�lrl . By P' . President • STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On this 1st day of May, 1987, before the subscriber, a Notary Public of the State of California, in and for the County of San Francisco,duly commissioned and qualified, came Furman K. Stanley,President of the AMERICAN STAR INSURANCE COMPANY to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, desposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the pre- ceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of San Francisco, the day and year first above written. OFFICIAL SEAL ��'///{���K C� /1 Jli?�• ROSE MARIE CARROLL C 1 NOTARY PUBLICans- CALIFORNIA ittl San ss onoisce Courcy ^�•� My Commission Expires Jan.1,1990 Notary Public STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO I, the undersigned, Thomas A. Cockrell Secretary of the American Star Insurance Company,do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixedthe Corporate �Sealloof the Corporation, this 9th day of Nay 19 88 —j�� // ��%�J�tX.� �.•"Biris U, AR.......•4ry�;•, •S cig.? R4T '� ;'_; c e .,�, Secretary =w 81=A�i ;;°.e :a, ` 7057 (5-87) -��.'•wJscoNs".'•. / • LABOR AND MATERIAL BOND Bond No. AB14624 KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and NORMAN B. ROUGE, INC. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and AMERICAN STAR 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 FIFTY SIX THOUSAND NINE HUNDRED SIXTY-NINE AND 46/100 DOLLARS ($ 56,969.46 ) . 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 On this 5th dayof May ,in the year Santa Clara as. Nineteen Hundre & Eighty-Eight ,before me, COUNTY OF Carole M. Rouge ,a Notary Public,State of California, duly licensed and sworn,personally appeared David Houge _ _ _ _ _ - - personally known to me(or proved to me on the basis of satisfactory evidence) OFFICIAL SEAL to be the person who executed the within instrument as Vice-Pres. yam.,,, tCAROLS M. OUGE i 3i • * or on behalf of the corporation therein named and acknowledged to me that � Notary Public-California `47. 7 SANTA CLARA COUNTY such corporation executed the within instrument pursuant to its by-laws or a t3 (At} �x i Y� My CO .mExp.May la,LOW I resolution of its board of directors. __ _ - _ - _ _ _ . . . . - - - - - IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the ,County of TNa aavmanl Is only a gamer form wt ,may to papa,for uso in simple Santa Clara ,/`/�//on the date set forth above in thi ertificate traftaxne • &cecda98n0Nmweya[1A orblmem make o any arrauAnnor Mo s (-- ( ` C LI eanaetlasend In nowey. ay act.amanot tendedonywasanty sbssate for M+orundieaeebue `—C �G �L Mgtl validity of any provision or the suitability al Mesa forma M any specific transaction. Notary Public, State of Cal ornia Cowdery's Form No. 28—Acknowledgement to Notary Public— Corporation(C. C. Sect 1190-1190.1)—(Rev. 1/83) My commission expires STATE OF CALIFORNIA SS. , County of Santa Clara On this . 9th.- day. of . . ?lax:'. . . . In the year nineteen hundred and 88 A. D. , before me Diane Lee Nalcashima personally appeared . . ..Z4hq .$, .C49k khown 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 . .Aroerican.Star Insruance. Com an . . and acknowledged to me that he �" } 9 (she) subscribed the name of Norman B. Rouge, Inc. thereto as principal , and his (her) own name as attorney in fact. msec: HUvneCnneon::m:;r::va:c;:uee.ua”•on . IN WITNESS WHEREOF, I have hereunto set my or- r- icing SEAL :i hand and affixed my official seal in said County t' DIANE LEE NAKASHIMA :I a the da d year in is c ificate above written _ rsv:;Y ru{tIC — CALIFORNIA L%ii /*� /�/ •_ ��J'.fY OF SANTA CLARA e_ // /r� `�/j C_ -�. E-p. lune 14, 1989 Notary Public in and for the County of - . ".:.J.[n:]]IE'zIO]p];I Santa Clara State of Cal i fo rn i a 13 5052(1/1/83) My Commission expires 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 9th day of May , 19 88 O F b .�., ;C,E. INC. (To be signed by Principal Princ 111S- and and Surety. Notary DAVI ) F ✓'v' y1 :, Vice-Pres acknowledgments required.) American Star Insurance Company Surety Lq. By• I / / At, ey-in-Fact John E. Cook The above bond is accepted and approved this day of • , 19 -- • 6/17/85 AMERICAN STAR INSURANCE COMPANY . . POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the American Star Insurance Company, a Corporation duly organ- ized and existing under the laws of the State of Wisconsin, having its principal office in the City of San Francisco, California,does hereby nominate, constitute and appoint: John E. Cook of: San Jose, California its true and lawful attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any and all bonds, contracts, agreements of indemnity, consents and other undertakings in suretyship. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the American Star Insurance Company at a meeting duly called and held on February 18, 1981 which said Resolution has not been amended or rescinded and which the following is a true, full and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her: and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said American Star Insurance Company, has caused these presents to be executed by its officer, with its corporate seal affixed; AMERICAN STAR INSURANCE COMPANY ry- 7❑ By `\ LGuci/ MAVP President •. • 1•?>.ScorSc r STATE OF CALIFORNIA ••k. COUNTY OF SAN FRANCISCO ,,,,""""'",, On this 1st day of May, 1987, before the subscriber, a Notary Public of the State of California, in and for the County of San Francisco,duly commissioned and qualified, came Furman K. Stanley,President of the AMERICAN STAR INSURANCE COMPANY to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same,and being by me duly sworn, desposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the pre- ceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Francisco, the day and year first above written. ,q1/y/-//1�'/,7,�' OFFICIAL SCAL ,•,' 1 (let tat ROSE MARIE CARROLL y ;v� NOTARY PUBLIC—CALIFORNIA " gel ` r' San Francisco County 'am.' My Commissnn E.pres Jan.1,1990 Notary Public STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO I, the undersigned, Thomas A. Cockrell Secretary of the American Star Insurance Company,do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate e�Seal loof the Corporation, this 9th day of MaY 19 88 . _//� ��% J(tJ�C- Ag1NSUR^(; R4q.$ 5�P! Ca Secretary DLIC V W: :•2 7057 (5-87) •` /?EN`S: N. * „