88-026 Norman B. Houge Inc., Pavement Restoration Project No. 88-113D
CONTRACT FOR PUBLIC WORKS
CONTRACT made on KY by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and NORMAN B. HOUGH INC.
hereinafter called the CONTRACTOR.
IT IS HEREBY AGREED by the parties as follows :
1 . THE CONTRACT DOCUMENTS. The complete contract consists of the
following contract documents :
A. Plans and Specifications for PAVEMENT RESTORATION, PROJECT NO. 88-113
B . Faithful Performance Bond, Labor and Materials Bond,
Insurance Certificate
C . This Contract
D. Bid Proposal referred to as Exhibit A
Any and all obligations of the CITY and the CONTRACTOR are fullysetforthanddescribedherein.
All of the above documents are intended to cooperate so that anyworkcalledforinoneandnotmentionedintheother, or vice
versa, is to be executed the same as if mentioned in all of said
documents. The documents comprising the complete contract are
sometimes hereinafter referred to as. the Contract Documents . In
case of conflict between the Plans and the Specifications on the •
one hand, and this Contract on . the other, the Plans and
Specifications shall prevail.
2. THE WORK. The Contractor agrees to furnish all of the tools,
equipment, apparatus, facilities, labor, transportation, and
material necessary to perform and complete in a good and
workmanlike manner, the work of PAVEMENT RESTORATION, PROJECT 88-113
as called for, and in the
manner designated in, and in strict conformity with, the Plans and
Specifications prepared by :Mr . Bert J . Viskovich, Director of
Public Works and adopted by the City, which Plans and
Specifications are entitled, respectively,
Page 1
r
and which Plans and Specifications are identified by the signaturesofthepartiestothisContract,. it is understood and agreed thatsaidtools,equipment,apparatus,facilities, labor,transportation, and material shall be. furnished, and that said workshallbeperformedandcompletedasrequiredinsaidPlansandSpecificationsunderthesoledirectionoftheContractor, butsubjecttotheinspectionandapprovaloftheCity, or itsrepresentative. The City hereby designates as its representativeforthepurposeofthisContract: Mr. Bert J . Viskovich, DirectorofPublicWorks.
3 . - CONTRACT PRICE. The City agrees to pay, and the Contractor
agrees to accept, in full payment for the work above agreed to bedone, the sum of : $65,500
SIXTY-FIVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS
subject to additions and deductions as provided in the ContractDocuments, per Exhibit "A" attached hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any disputeariserespectingthetruevalueoftheworkdone, or any workomitted, or of any extra work which the Contractor may be requiredtodo, or respecting the size of any payment to the ContractorduringtheperformanceofthisContract, said dispute shall bedeterminedeitherbyreferencetotheunitofprices, if
applicable, or in accordance with the agreement of prices, if
applicable, or in accordance with the agreement of the parties, orinaccordancewiththerulesoftheAmericanArbitration
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,
eic. , for the construction of the project, give all necessarynotices, 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 time's
maintain proper facilities and provide safe access for inspectionbytheCitytoallpartsofthework, 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 coveredupwithouttimelynoticetotheCityofitsreadinessfor
inspection and without the approval thereof or consent thereto bythelatter.Should any such work be covered up without suchnotice, 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 anytimeduringtheprogressoftheworkrequireanyalterations,
Page 2
deviations, additions or omissions from the Specification or Plans
or the Contract Documents, it shall have the right to do so, andthesameshallinnowayaffectormakevoidthecontract, 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 ofitsgoverningbody, and by all agencies whose approval is required
by law, stating that the extra work or change is authorized, and no
claim for an addition to the contract sum shall be valid unless so
ordered.
8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS.The City shall
have the right to make changes in this Contract during the course
of construction to bring the completed improvements into compliance
with environmental requirements or standards established by State
and Federal statutes and regulations after the Contract has been
awarded or entered into. The Contractor shall be paid for by such
changes either by reference to the unit prices, if applicable, or
in accordance with the agreement of the parties, or in accordance
with the rules of the American Arbitration Association if the
parties are unable to agree.
9 . TERMINATION, AMENDMENTS OR MODIFICATIONS.This Contract may
be terminated, amended or modified, with the mutual consent of the
parties.The compensation payable, if any, for such termination, .
amendment or modifications, shall be determined either by referencetotheunitprice, if applicable, or in accordance with the
agreement of the parties, or •in accordance with the rules of the
American Arbitration Association if the parties are unable to
agree.
10. TIME FOR COMPLETION. All work under this Contract shall be
completed: ON OR BEFORE JULY 1, 1988.
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 delaybyeitherpartyunderotherprovisionsintheContractDocuments.
Page 3
11. INSPECTION_ AND TESTING •OF MATERIALS. The Contractor shallnotifytheCityasufficienttimeinadvanceofthemanufactureorproductionofmaterialstobesuppliedbyhimunderthisContract,in order that the City may arrange for mill or factory inspectionandtestingofthesame, if the City requests such notice from theContractor.
12. TERMINATION FOR BREACH, ETC.If the Contractor should beadjudgedabankrupt, or if he should make a general assignment forthebenefitofhiscreditors, or if a receiver should be appointedonaccountofhisinsolvency, or if he or any of his subcontractorsshouldviolateanyoftheprovisionsoftheContract, the City mayservewrittennoticeuponhimandhissuretyofitsintentiontoterminatetheContract, such notice to contain the reasons for suchintentiontoterminatetheContract, and unless within ten daysafterservingofsuchnotice, such violation shall cease andsatisfactoryarrangementsforcorrectionsthereofbemade, theContractshall, upon the expiration of said ten days, cease andterminate. In the event of any such termination, the City shallimmediatelyservewrittennoticethereofuponthesuretyandtheContractor, and the surety shall have the right to take over andperformtheContract; provided, however, that, if the surety withinfifteendaysaftertheservinguponitofnoticeofterminationdoesnotgivetheCitywrittennoticeofitsintentiontotakeoverandperformtheContract, or does not commence performance thereofwithinthirtydaysfromthedateoftheservingofsuchnotice, theCitymaytakeovertheworkandprosecutethesametocompletionbycontract, or by any other method it may deem advisable, for theaccountandattheexpenseoftheContractor, and the ContractorandhissuretyshallbeliabletotheCityforanyexcesscostoccasionedbytheCitythereby, and in such event the City may,without liability for so doing, take possession of, and utilize incompletingthework, such materials, appliances, plant and otherpropertybelongingtotheContractorasmaybeonthesiteoftheworkandnecessarytherefor.
13.THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKEAPPLICATIONTHEREOF. In addition to the amount which the City mayretainunderParagraph21ofthisContractuntilthefinal ,completion and acceptance of all work covered by the Contract, theCitymaywithholdfrompaymenttotheContractorsuchanamountoramountsasinitsjudgmentmaybenecessarytopayjustclaimsagainsttheContractororanysubcontractorsforlaborandservicesrenderedandmaterialsfurnishedinandaboutthework. The Citymayapplysuchwithheldamountoramountstothepaymentofsuchclaimsinitsdiscretion. In so doing, the City shall be deemedtheagentoftheContractor, and any payment so made by the CityshallbeconsideredasapaymentmadeundertheContractbytheCitytotheContractor, and the City shall not be liable to theContractorforanysuchpaymentmadeingoodfaith. Such paymentmaybemadewithoutpriorjudicialdeterminationoftheclaimorclaims.With respect to any retention of payment by the City toensureperformanceoftheContract, Contractor will be entitled tosubstitutesecurities 'as provided in Section 4590 of the CaliforniaGovernmentCodeasmorefullydescribedintheCity' s Notice toContractors.
Page 4
14 . NOTICE• AND SERVICE THEREOF.Any notice from one party totheotherunderthisContractshallbeinwriting, and shall bedatedandsignedeitherbythepartygivingsuchnotice, or by adulyauthorizedrepresentativeofsuchparty.Any such notice
shall not be effective for any purpose whatsoever unless served inthefollowingmanner: a) if the notice is given to the CityeitherbypersonaldeliverythereoftotheCityManageroftheCity, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to the City, postageprepaidandcertified; 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 theproject, 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 tothesuretyoranyotherperson, either by personal delivery to suchsuretyorotherperson, or by depositing the same in the UnitedStatesmails, enclosed in a sealed envelope, addressed to such
surety or person, as the case may be, at the address of such suretyorpersonlastcommunicatedbyhimtothepartygivingthenotice,postage prepaid and certified.
15.ASSIGNMENT OF CONTRACT. Neither the Contract, nor any partthereof, nor moneys due or to become due thereunder, may be
assigned by the Contractor without the prior written approval oftheCity.
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 ofmanufacturer, such Specifications must be met by Contractor, unlesstheCityagreesinwritingtosomeothermaterial, process or
article offered by Contractor which is equal in all respects to the
one specified.
17. CONTRACT SECURITY. The Contractor shall furnish a suretybondinanamountatleastequaltoonehundredpercent (100%) of
the contract price as security for the faithful performance of thisContract. The Contractor shall also furnish a separate surety bondinanamountatleastequaltoonehundredpercent (100%) of the'
contract price as security for the payment of all persons forfurnishingmaterials, 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 anykind, 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' sfeetobefixedbythecourtincasesuitisbroughtuponthebond.
Page 5 -
18 . INSURANCE.The Contractor shall not commence work underthisContractuntilhehasobtainedallinsurancerequiredbytheCity, nor shall the Contractor allow any subcontractor to commenceworkonhissubcontract, until all similar insurance required of thesubcontractorhasbeensoobtainedandapproved. The ContractorshallfurnishtheCitywithsatisfactoryproofofthecarriageofinsurancerequired, and there shall be a specific contractualliabilityendorsementextendingtheContractor's coverage toincludethecontractualliabilityassumedbytheContractorpursuanttothisContractandparticularlyParagraph19hereof.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 anypendingchangeinthelimitsofliabilityorofanycancellationormodificationofthepolicy.
a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITYINSURANCE. The Contractor shall take ut and maintain during thelifeofthisContractWorker's Compensation Insurance and
Employer's Liability Insurance for all of his employees employedatthesiteoftheprojectand,in case any work i3 sublet, theContractorshallrequirethesubcontractorsimilarlytoprovideWorker's Compensation Insurance and Employer's LiabilityInsuranceforallofthelatter's employees unless such employees
are covered by the protection afforded by the Contractor.
In signing this Contract the Contractor makes the followingcertification, 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 forworker's compensation or to undertake self insurance inaccordancewiththeprovisionsoftheCode, and I will complyWithsuchprovisionsbeforecommencingtheperformanceoftheworkofthiscontract."'
b) LIABILITY INSURANCE.The Contractor shall take out and
maintain during the life of this Contract such Bodily InjuryLiabilityandPropertyDamageLiabilityInsuranceasshall •
protect him and any subcontractor performing work covered by thisContractfromclaimsforproperty, damage, including third-partypropertydamage, to include coverage on property in the care,custody and control of the Contractor, and also excluding whatarecommonlyknownasthe "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 orbyanyonedirectlyorindirectlyemployedbyeitherofthemand
the amounts of such insurance shall be as follows:
Bodily Injury Liability Insurance in an amount not less than300,000.00 for injuries, including accidental death, to any, oneperson, 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 than250,000 .00 . The city and its officers and employees, shall benamedasadditionalinsuredsonanysuchpoliciesofinsurance,which shall also contain a provision that the insurance affordedtherebytotheCity, its officers and employees, shall be primaryinsurancetothefulllimitsofliabilityofthepolicyandthatiftheCity, or its officers and employees, have other insuranceagainstalasscoveredbysuchpolicy, such other insurance shallbeexcessinsuranceonly.
19 . HOLD HARMLESS . The Contractor will save, keep, and holdharmless - the City and all officers, employees, and agents thereoffromalldamages, costs, or expenses, in law or in equity, that mayatany _time arise or be set up because of personal injury or damagetopropertysustainedbyanypersonorpersonsbyreasonof, or inthecourseoftheperformanceofsaidwork, or by reason of anyinfringement
anpersonorpersons,afirm eor corporation tinofconsequence of
the patent rightstthef
usein, on, or about said work, of any article or material supplied orinstalledunderthisContract.Notwithstanding the above, theContractorshallwhereveritisnecessarykeepandmaintainathissolecoatandexpenseduringthecourseofhisoperationsunderthisContractsuchwarnings, signs, and barriers as may be requiredtoprotectthepublic. The provisions of the preceding sentenceshallnotimposeanyliabilityupontheCityandarefortheexpressbenefitofthegeneralpublic.
20 . HOURS OF WORK. Eight hours of labor during any one calendardayandfortyhoursoflaborduringanyonecalendarweekshallconstitutethemaximumhoursofserviceuponallworkdonehereunder, and it is expressly stipulated that no laborer, workman,or mechanic employed at any time by the Contractor or by anysubcontractororsubcontractorsunderthisContract, upon the workoruponanypartoftheworkcontemplatedbythisContract, shallbe- required or permitted to work thereon more than' eight hoursduringanyonecalendardayandfortyhoursduringanyonecalendarweek, except, as provided by Section 1815 of the Labor Code of theStateofCalifornia, 'work performed by employees of contractors inexcessofeighthoursperdayandfortyhoursduringanyoneweek •shall be permitted upon public work upon compensation for all hoursworkedinexcessofeighthoursperdayatnotlessthanoneandone-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 theprovisionswhereofaredeemedtobeincorporatedherein, theContractorshallforfeit, as a penalty to the City, twenty-fivedollars ($25.00) for each laborer, worker, or mechanic employed intheexecutionofthisContractbyContractor, or by any
whichsaid
subcontractor
laborer, worker, or mechanic
for each
mechanicisrequireddor
permitteditog
work more than eight hours in any one calendar day and forty hoursinanyonecalendarweekinviolationoftheprovisionsofsaidSectionsoftheLaborCode.
Page 7
The Contractor, and each subcontractor, shall keep an accuraterecordshowingthenamesofandactualhoursworkedeachcalendar4ayandeachcalendarweekbyalllaborers, workmen, and mechanicsdmployedbyhiminconnectionwiththeworkcontemplatedbythisContract, which record . shall be open at all reasonable hours to theinspectionoftheCityofitsofficersoragentsandtotheDivisionofLaborLawEnforcementoftheDepartmentofIndustrialRelationsoftheStateofCalifornia.
21. WAGE RATES. Pursuant to the Labor Code of the State ofCalifornia,or local law thereto applicable, the City hasascertainedthegeneralprevailingrateofperdiemwagesandratesforholidaysandovertimeinthelocalityinwhichthisworkistobeperformed, for each craft, classification, or type of laborer,workman, or mechanic needed to execute this Contract.TheprevailingwagessodeterminedaresetforthintheSpecificationsandmadeaparthereof.Neither the notice inviting bids nor thisContractshallconstitutearepresentationoffactastotheprevailingwageratesuponwhichtheContractororanysubcontractorunderhimmaybaseanyclaimagainsttheCity.
1776. (a) Each Contractor and subcontractor shall keep anaccuratepayrollrecord, showing the name, address, social securitynumber, work classification, straight time and overtime hoursworkedeachdayandweek, and the actual per diem wages paid toeachjourneyman, apprentice, worker, or other employee employed byhimorherconnectionwiththepublicwork.
certified
payroll
and
recordsrenumerated subdivisionisi (a) shall behallbeavailableforinspectionatallreasonablehoursattheprincipalofficeoftheContractoronthefollowingbasis:
1) A certified copy of an employee's payroll record shall bemadeavailableforinspectionorfurnishedtosuchemployeeorhisorherauthorizedrepresentativeonrequest.
2) A certified copy of all payroll records enumerated in •subdivision (a) shall be made available for inspection or •furnished upon •request to a representative of the body awardingthecontract, the Division of Labor Standards Enforcement andtheDivisionofApprenticeshipStandardsoftheDepartmentofIndustrialRelations.
3) A certified copy of all payroll records enumerated insubdivision (a) shall be made available upon request to thepublicforinspectionorcopiesthereofmade, provided,however, that a request by the public shall be made througheitherthebodyawardingthecontract,the Division of 'Apptenticeship Standards, or the Division of Labor StandardsEnforcement. The public shall not be given access to suchrecordsattheprincipalofficeoftheContractor.
c) Each Contractor shall file a certified copy of the recordsenumeratedinsubdivision (a) with the entity that requested suchrecordswithinten (10 ) days after receipt of a written request.
Page 8
d) Any copy of records. made available for inspection as copiesandfurnisheduponrequesttothepublicoranypublicagencybytheawardingbids, the Division of Apprenticeship Standards or theDivisionofLaborStandardsEnforcementshallbemarkedorobliteratedinsuch' a manner as to prevent disclosure of anindividual 's name, address and social security number. The nameandaddressoftheContractorawardedthecontractorperformingthecontractshallnotbemarkedorobliterated.
e) The Contractor shall inform the body awarding the contract ofthelocationoftherecordsenumeratedundersubdivision (a) ,including the street address, city and county and shall, withinfiveworkingdays, provide a notice of a change of location andaddress-.
f) In the event of noncompliance with the requirements of thissection, the Contractor shall have ten (10) days in which to complysubsequenttoreceiptofwrittennoticespecifying' in what respectssuchContractormustcomplywiththissection.Shouldnoncompliancestillbeevidentaftersuchten (10) day period, theContractorshall, • as a penalty to the state of politicalsubdivisiononwhosebehalfthecontractismadeorawarded,forfeit twenty-five dollars ($25.00) for each calendarday orportionthereof, for each worker, until strict compliance iseffectuated. Upon the request of the Division of ApprenticeshipStandardsortheDivisionofLaborStandardsEnforcement, suchpenaltiesshallbewithheldfromprogresspaymentsthendue.
g) The body awarding the contract shall cause to be inserted inthecontractstipulationstoeffectuatethissection. Suchstipulationsshallfixtheresponsibilityforcompliancewiththissectionontheprimecontractor.
h) The director shall adopt rules consistent with the CaliforniaPublicRecordsAct, (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 establishmentofreasonablefeestobechargedforreproducingcopiesofrecordsrequiredbythissection. (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 heisemployed, and shall be employed only at the work of the craft ortradetowhichheisregistered.
Page 9
Only apprentices, as defined in Section 3077, who are in trainingunderapprenticeshipstandardsandwrittenapprenticeagreementsunderChapter4 (commencing with Section 3070) , Division 3, of theLaborCode, are eligible to be employed on public works.Theemploymentandtraining.. of each apprentice shall be in accordancewiththeprovisionsoftheapprenticeshipstandardsandapprenticeagreementsunderwhichheistraining.
When the Contractor to whom the contract is awarded by the stateoranypoliticalsubdivision, or any subcontractor under him, inperforminganyoftheworkunderthecontractorsubcontract,employs workmen in any. apprenticeable craft or trade, theContractorandsubcontractorshallapplytothejoint
apprenticeship committee administering the apprenticeship standardsofthecraftortradeintheareaofthesiteorthepublicworkforacertificateapprovingtheContractororsubcontractorundertheapprenticeshipstandardsfortheemploymentandtrainingofapprenticeshipsintheareaorindustryaffected, provided,however, that the approval as established by the jointapprenticeshipcommitteeorcommitteesshallbesubjecttotheapprovaloftheAdministratorofApprenticeship. The jointapprenticeshiporcommittees, subsequent to approving the subjectcontractororsubcontractor, shall arrange for the dispatch ofapprenticestotheContractororsubcontractorinordertocomplywiththissection. There shall be an affirmative duty upon thejointapprenticeshipcommitteeorcommitteesadministeringtheapprenticeshipstandardsofthecraftortradeintheareaofthesiteofthepublicworktoensureequalemploymentandaffirmativeactioninapprenticeshipforwomenandminorities. Contractors orsubcontractorsshallnotberequiredtosubmitindividualapplicationsforapprovaltolocaljointapprenticeshipcommitteesprovidedtheyarealreadycoveredbythelocalapprenticeshipstandards . The ratio of apprentices to journeymen who shall beemployedinthecraftortradeonthepublicworkmaybetheratiostipulatedintheapprenticeshipstandardsunderwhichthejointapprdnticeshipcommitteeoperatesbutinnocaseshalltheratiobeleesthanoneapprenticeforeachfivejourneymen, except asotherwiseprovidedinthissection.
The Contractor or subcontractor, if he is covered by thissection, upon the issuance of the approval certificate, or if hehasbeenpreviouslyapprovedinsuchcraftortrade, shall employthenumberofapprenticesortheratioofapprenticestojourneymen'stipulated in the apprenticeship standards. Upon proper showing by'the Contractor that he employs apprentices in such craft or tradeinthestateonallofthiscontractonanannualaverageofnotlessthanoneapprenticetoeachfivejourneymen, the Division ofApprenticeshipStandardsmaygrantacertificateexemptingtheContractorforthe1-to-5 ratio as set forth in this section. This •section Shall not apply to contracts of general contractorsinvolvinglessthanthirtythousand ($30,000 .00) or twenty (20 )working days or to contracts of specialty contractors not biddingforworkthroughageneralorprimecontractor, involving less thantwothousanddollars ($2,000 .00) or fewer than five (5) workingdays.
Page 10
Apprenticeable craft or trade, " as used in this section, shallmeanacraftortradedeterminedasanapprenticeableoccupationinaccordancewithrulesandregulationsprescribedbytheApprenticeshipCouncil.The joint apprenticeship committee shallhavethediscretion 'to grant a certificate, which shall be subjecttotheapprovaloftheAdministratorofApprenticeship, exempting acontractorfromthe1-to-5 ratio set forth in this section when itfindsthatanyoneofthefollowingconditionsaremet:
Ca) In the event unemployment far the previous three month periodinsuchareaexceedsanaverageof15percent, or
b) In the event the number of apprentices in training in suchareaexceedsaratioof1-to-5, or
c) If there is a showing that the apprenticeable craft or tradeisreplacingatleastone-thirtieth of its journeymen annuallythroughapprenticeshiptraining, either (1) on a statewide basis,or (2) on a local basis .
d) If assignment of an apprentice to any work performed under apublicworkscontractwouldcreateaconditionwhichwould
employees
jeopardize his
oyeesofthe public•
life,
at largeifthe
sa
specific
fet , or ptaskrto
whichtof
theapprentice
When such exemptions are granted to an organization which'represents contractors in a specific trade from the 1 to 5 ratio onalocalorstatewidebasisthemembercontractorswillnotberequiredtosubmitindividualapplicationsforapprovaltolocaljointapprenticeshipcommittees, provided they are already coveredbylocalapprenticeshipstandards.
A contractor to whom the contract is awarded, or anysubcontractorunderhim, who, in performing any of the work, underthe .Contract, employs journeymen or apprentices in anyapprenticeablecraftortradeandwhoisnotcontributingtoafundfundstodondutthetheasitentofestheppublicwSiteork, to which fund or funds other contractors in the area of thefund
orfthe fundspinlic eachwork
craftaroretrade iniwhichhhelemploysbjou to the
or apprentices on the public work in the same amount oruponsamebasisandinthesamemannerastheothercontractorsdo, but •where the trust fund administrators • are unable to accept suchfunds, contractors not signatory to the trust agreement shall pay alikeamounttotheCaliforniaApprenticeshipCouncil.Thecontractororsubcontractormayaddtheamountofsuchcoivisionntributions
ismputing
his dauthorized
tont enforcefor
the coract. TtheheDpaymentbf. edclFdontributions to the fund or funds as set forth in Section227. '
Page 11
The body awarding the contract shall cause to be inserted in thecontractstipulationstoeffectuatethissection.Such •stipulations shall fix the responsibility of compliance with thissectionfor .all apprenticeable occupations with the primecontractor.
All decisions of . the joint apprenticeship committee under thissectionaresubjecttotheprovisionsofSection3081 . . (Amended byStats. 1976, Ch. 1179).
1777.6 It shall be unlawful for an employer of a labor union torefusetoacceptotherwisequalifiedemployeesasregisteredappientibesonanypublicworks, 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 byStat. 1976, Ch. 1179)
1777.7 (a) In the event a contractor willfully fails to complywiththeprovisionsofSection1777.5, such contractor shall:
1) Be denied the right to bid on any public works contract for aperiodofoneyearfromthedatethedeterminationofnoncomplianceismadebytheAdministratorofApprenticeship; and
2) Forfeit as a civil penalty in the sum of fifty dollars50 .00) for each calendar day of noncompliance. NothWithstandingtheprovisionsofSection1727, upon receipt of such adeterminationtheawardingbodyshallwithholdfromcontractprogresspaymentsthendueortobecomeduesuchsum.
ation d after a fullinvestigation,
suah
faireandnimpartial ahearing,ll be iandereasonable .noticethereofinaccordancewithreasonablerulesandproceduresprescribedbytheCaliforniaApprenticeshipCouncil.
c) Any ' funds withheld by the awarding body pursuant to thislectionShallbedepositedinthegeneralfundiftheawardingbodyisastateentity, or in the equivalent fund of An awarding body ifsuchawardingbodyisanentityotherthanthestate.
The interpretation and enforcement of Sections 1777.5 and 1777.7shallbe ' in accordance with the rules and procedures of theCaliforniaApprenticeshipCouncil. (Amended by State, 1978, Ch.1249)
It shall be mandatory upon the Contractor, and upon anysubcontractorunderhim, to pay not less than the said specifiedratestoalllaborers, workmen, and mechanics employed in theexecutionoftheContract. It is further expressly stipulated thatthe.Contractor shall, as a penalty ,to the City, forfeit twenty-fivedollate1$25.00) for each calendar day, or portion thereof, foredchlabotereworkman, or mechanic paid less than the stipulatedptsV*ilinq rates for any work done under this Contract by him or byf: : any `adbconttactor Under work done under this Contract by him or byt .-•': :: dhy Subcontractor under him; and Contractor agrees to comply withallprovisionsofSection1775oftheLaborCode.
Page 12
In case it becomes necessary for the Contractor or anysubcontractortoemployontheprojectunderthiscontract, anypersoninatradeoroccupation (except executives, supervisory,administrative, clerical, or other non-manual workers as such) forwhichnominimumwagerateishereinspecified, the Contractor
shall immediately notify the City, who will promptly thereafterdeterminetheprevailingrateforsuchadditionaltradeor
occupation and shall furnish the Contractor with the minimum ratebasedthereon. The minimum rate thus furnished shall be applicableasaminimumforsuchtradeoroccupationfromthetimeoftheinitialemploymentofthepersonaffectedandduringthecontinuanceofsuchemployment.
22. ACCIDENT PREVENTION. Precaution shall be exercised at alltimes -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 theIndustrialAccidentCommissionoftheStateofCalifornia.
23 .PAYMENT. Payment will be made in accordance with the attached payment
schedule. TheCity 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 precedingcalendarmonth, 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)
claire 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 thecertificates, 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 representativetofurnishanddeliversaidcertificatesoranyofthemorinlieu
Page 13 -
thereof, the writing aforesaid, within ten (10) days after thetimesaforesaid, and after written demand has been made upon himforthesame, the Contractor may file demand with the City, and, ineventsaidcertificatesarenotfurnishedwithinten (10) daysthereafter, 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 ContractorwiththerequirementsofsaidwritingshallentitletheContractortothecertificates.
The payment of progress payments by the City shall not beconstruedasanabsoluteacceptanceoftheworkdoneuptothetimeofsuchpayments, but the entire work is to be subjected to theinspectionandapprovaloftheCity, and subject to whateverinspectionandapprovalmayberequiredbylaw.
24. PROTECTION OF PUBLIC UTILITIES.The City shall beresponsibleasbetweenthepartiestothisContractonly, for theremoval, relocation, or protection of existing public utilities, ifany, located on the site of construction, but only if such publicutilitiesarenotidentifiedbytheCityinthePlanaandSpecificationsmadeapartoftheinvitationforbids. The cityshallcompensatetheContractorforcostsincurredinrelocatingorrepairingdamagetoutilityfacilitiesnotindicatedinthePlansandSpecifications, other than service laterals when the presenceofsuchutilitiesontheconstructionsitecanbeinferredfromthepresenceofsuchvisiblefacilitiesasbuildings, and meters andjunctionboxeson, or adjacent to, the construction site. The
Contractor shall not be assessed liquidated damages for delay incompletionoftheContractproject, as provided in Paragraph 27below, when such delay is caused by the failure of the City, orotherpublicutility, to provide for the removal or relocation oftheexistingutilityfacilities. If the Contractor while
performing the Contract discovers utility facilities not identifiedbytheCityintheContractPlanaandSpecifications, the servicelateralsashereinabovedescribed, he shall immediately notify theCityinwriting.
25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The ContractorshallnotberesponsibleforthecostofrepairingorrestoringdamagetotheworkcausedbyanActofGod.NEVERTHELESS, theContractorshall, if the insurance premium is a separate bid item, '
obtain the insurance to indemnify the City for any damage to theworkcausedbyanActofGod. •Acts of God' shall include only thefollowingoccurrencesorconditionsandeffects:earthquakes andtidalwaves, when such occurrences or conditions and effects have
been proclaimed a disaster or state of emergency by the Governor oftheStateofCaliforniaorbythePresidentoftheUnitedStates,
or were of a magnitude at the site of the work sufficient to have
caused a proclamation of disaster or state of emergency havingoccurredinapopulatedarea. Subject to the foregoing, the Cityshallnot, , in any way or manner, be answerable or suffer loss,damage, expense or liability for any loss or damage that may happentosaidbuilding, 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 unqualifiedlyguaranteesthefirst-class quality of all workmanship and of allmaterials, apparatus, and equipment used or installed by him or byanysubcontractorofsupplierintheprojectwhichisthesubject
of this Contract, unless a lesser quality is expressly authorizedinthePlansandSpecifications, in which event the Contractorunqualifiedlyguaranteessuchlesserquality; and that the work as
performed by the Contractor will conform with the Plans andSpecificationsoranywrittenauthorizeddeviationstherefrom. 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 theCity, the Contractor will forthwith remedy such defects without
coat to the City.
27. LIQUIDATED DAMAGES. Time shall be of the essence of thisContract. If the Contractor fails to complete, within the timefixedforsuchcompletion, the work hereinbefore mentioned anddescribedandherebycontractedtobedoneandperformed, he shall
become liable to the City for liquidated damages in the sum of $150.00
ONE HUNDRED FIFTY AND 00/100 DOLLARS
for each and every calendar day during which said work shall remain
uncompleted beyond such time for completion or unlawful extension
thereof, which sum shall be presumed to be the amount of damagetherebysustainedbytheCitysinceitwouldbeimpracticableor
extremely difficult to fix the actual damage; and the amount of
liquidated damages may be deducted by the City from moneys due theContractorhereunder, or his assigns and successors at the time of
completion, and hie sureties shall be liable to the City anyexcess.
28. • ADDITIONAL PROVISIONS.
None
Page 15 •
STATE OF CALIFORNIA On this First dayof June in the year
Santa Clara ss. Nineteen Hundred Eighty-Eight before me,
COUNTY OF Carole m. Houge a Notary Public,State of California,
duly licensed and sworn,personally appeared
David-Houge
CARO
ECIL
SEALSOUGE
personally known to me(or proved to me on the basis of satisfactory evidence)
i,E Notary .
Ex
M.
May la,1
a to be the person who executed the within instrument as Vice-Pres,—
ortil+ SANTA CLARA COUNTY or on behalf of the corporation therein named and acknowledged to me that
sgr My Conan Exp.MIoY t6 t889 such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal i the Countyof
Thisdocumentaonlygeneral formwhich maybe properfor use In simple Santa Maramarp on the date rt forth above t certificate.
transactions are in r wayacts,or a intended to aa,as a substitute lot Me
sojLL iulcemanattorney.The printerdoes notmake anywananyerttererpress et N
tt
Cho
legalvalidly m any previewor the suitability of Mese forms M any specific transaction. Notary Public, State of CaliforniaCowdery'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, induplicate, the day and year first hereinabove written.
CITY OF CUPERTINO
Approved as to form
Mayors ri ' t A;
City Attorney City Clerks
Ash
Date/City Clerks 6 r—
CONTRACTOR: or m c..1 •. bu ,
BysC \
1 Q
Notary acknowledgment required. Ds sGIfacorporation, corporate seal
Dr.., a ` "",'" Vico-Pres.
and corporate notary
acknowledgment required.
Project. Name and Numbers. PAVEMENT RESTORATION, PROJECT NO. 88-113
Contractors Names NORMAN B. ROUGE INC. ; 780 Union Avenue; Campbell, CA 95008
Contract Amounts SIXTY-FIVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($65,500.00)
Cantract. Account Numbers• 110-993-718
S
Page 16
S-j r_07OSA_EXHIBIT A
HOUGE '
PAVENENT RESTORAT_ON
PROJECT 33-113
TO THE DIRECTOR OF PUBLIC WORKS , CITY OF CUPERTINO, STATE OF CAITFO NTA
Dear Sir:
In compliance_ with the plans and specifications furnished for the Pavement
Restoration, Project 33-113 =, the undersigned, hereby propose to do al
work required to complete the said work in accordance with the spec±!' - ns
and/or plans for the amounts set forth herein on the incorporated
The work shall be the removal and reconstruction of asphalt concrete pave-an:
asoutlined in the specifications and/or plans outlined herein.
All necessary preparation as well as "cle=an up" is included in the prices bid
and no extra compensation will be sought. All work will be done in a work-
manlike 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 co increase or decrease the amount of class -or portion
of the work or to omit items as may be deemed necessary by the Engineer.
A bid bond in the amount of ten percent (10%) is required. Award shall be to
the lowest bidder; however, the City Council reserves the right to reject any
or all bids.
BID EST.QTY.
ITEM UNIT
1. 50,000 SF Pavement Restoration (4") t . 31 /
SF $ 5J
TOTAL BID: 1pSJ S O O
o' n, V
Bid Proposal Page 1 of 5
uV
the undersigned agree chat if this
proposal
is accepted, _ ._ll enter
into a contract with the City of Cupertino to' provide ail necessary o:achinery,
cools, apparatus , and ocher means of construction and to do all the work
per: == •" the contract in the manner and tine specified.
L, the undersigned declare that this bid is made without connection
any person, firm, or corporation making a bid for the same work, and is in a__
respecters fair, and without collusion or fraud.
lr the undersigned recognize that the Director of Public Works of :he
City of Cupertino will reserve the right to establish the priority of one job
over another and each starting dace where cori41' of construction schedules
occur.
Attached hereto is the required certified check or bid bond in the amount
of $ n (7;"c Cs_r\-7-.. as required by law and the Notice to Bidders .
10% of bid amount)
Bid Proposal Page 2 of 5
A. 3=7 :or 4=iis , _ant-nced
o-_Dc3 QCr:__tlCAT_ON =0 1
in further compliance with the specifications furnished, the unders_;ned
submits the following sea:eemencs as co his experience and to his qua1 ' - ^_ ions
as a oar: of this proposal, and the truthfulness and accuranc; of the _.._or=a-
cion is hereby guaranteed.
1) 'row many years has your organization been in business
under its present name? . cJ ri•J
2) How many years experience in work comparable with that
required under the proposed contract has your organization
has by this or any ocher name? a'5r5,
T%3) Contractor's License No. .e-c5 .1/...:f..e-c5 .1/....e-c5 .1/...:f. A State of California,
Classification
i) List work similar in character to that required in the
proposed contract which your organization or personnel in
your organization has completed within the oast 3 years.
year Class•, Location of Work and for Whom Performed Contract ?nouns
I'%c4.. iA....C./ CL
I n y i
yc“.J . 7 vAF —A?et
C / 1'Gr L- ed C:
7/7"--004#4,1- /LC •
87 L. o-rr ;u_{ • 0; .,Q) aVF, coo
i2 c rvue n1-c–n-/s L,¢/z,e •/2oC .
96 r ,:T LaS 6.,2-Cl5 3G
Bid Proposal- Page-3 of 5
X. SID CCCC:E_.-_ .
Name of Proposed Sub—contractors , if any
sat-'ion 4104, Govert=enc Code)
s.
9
3.
5.
6.
Address if Shop or Office of Sub—contractors
Section 4104, Government Code)
1 .
2.
3.
4.
5.
5.
Work to be Performed by Sub—contractors
Section 4104, Government Code)
1.
2.
3.
4.
5.
6.
Bid Proposal Page 4 of 5
YOU __ AN 21DI,IDUA_ SO STATE. IF IOU ARE A __RM OR CO-?_R^TERSE, , STAT=
E- _RM NANE AND LIST THE NAMES OF AIL INDIVIDUAL CO-PARTNERS COi"_°OSINGTE
FIRM. IF A COPORATTION, STATE LEGAL NA:= OF CORPORATION, ALSO, NAY=S OF PRESIDENT,
SECRETARY-TREASURER AND MANAGER. TEE CORPORATE SEAL MUST 3E AFFIXED.
TYPE OF BUSINESS: Individual:
Co-Partnership
Corporation ,C. r i1L.1 r
Taint Venture
Other
Describe)
Name and Signature of Bidder:
DA;;.; : , Vice-Pres.
Print)
c---
Signature)
Address (Both mailing and location addresses) :
bac er;Ss;c L .
Telephone Number:
X77— o 70-7
Date:L/L(7 // / l9
Addendis Received:
1 2 3 4 5
i. .
Bid Proposal Page 5 of 5 1
1988 CAPITAL IMPROVEMENT PAYMENT SCHEDULE
QUANTITIES CUT-OFF DATE CHECK RELEASE DATE
FRIDAY 5:00 P.M. FRIDAY
December 18 January 1
January 15 January 29
February 12 February 26
March 11 March 25
April 8 April 22
May 6 May 20
June 3 June 17
July 1 July 15
July 29 August 12
August 26 September 9
September 23 . October 7
October 21 November 4
November 18 December 2
December 16 December 30
r
STATE OF CALIFORNIA On this is t day of June. in the year
Santa Clara
ss. Nineteen Hundred $ ,) ighty-Eight before me,
COUNTY OF Carole M. Houge a Notary Public,State of California,
duly licensed and sworn,personally appeared
David.Ho e
am++;OFFICIAL SEAL
CAROLE M. ROUGE personally known to me(or proved to me on the basis of satisfactory evidence)
ay,°r Notary Publlc-Celllomla to be the person who executed the within instrument as...Vice-Pres
Ft0ln11Ll SANTA CLARA COUNTY
vigil or on behalf of the corporation therein named and acknowledged to me that
ya My Comm.Exp.May 10,1989 such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
t IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the County of
am&annexa¢only agenal formwhich may be prosefor use In simple Santa Clara on the date set forth abov ' this certificate.
ad oS
an
an]a mit aanrt¢rsma a
eel as aaffiYIWe IM the q C-46-aarmedanattorney. wayperserEoes notmake aywarrantyeither express crimpedas b ma LL(,_(/( `46-
Iepel,aWnyofanypro orNe mmaaniny a Nose loins N anyspeak transaction. Notary Public, State of aliforniaCowdery's Form No.28—Acknowledgement to Notary Public—
Corporation(C.C.Sees. 1190-1190.1)—(Rev. 1/83) My commission expires
STATE OF CALIFORNIA
County of Santa ClaraS'
li. On this 27th day of May . in the year nineteen hundred and
8S
A. D. ,• beforeme . wane: Jae Jyalsasl.ima personally appeared Edward W. F7iiiia>fls
known to me (or proved to me on the basis of satisfactory evidence) to be the person whosenameIssubscribedtothewithininstrumentastheattorneyinfactof . .9aerican Star
J.n. a'.c.e. and acknowledged to me that he (she) subscribed the name of1.19orPan .s. Howe, Inc.
thereto as principal , and his (her) ownnameasattorneyinfact.
Lnucaaeaa_esaa`auvaaeeaaaaaamen:asa a: aaaanaaaa one.;
OFFICIALEiSEALrINWITNESSWHEREOF, I have hereunto set myE. e , a DIANE LEE NAKASHIMA hand a . affixed my official seal in said County6a - r NOTARY PUnLIC — CALIFORNIA = the nd year ipJ//}his certificate above written
H/ COUNTY OF SANTA CLARA lehL/q
Comm. Exp. Juno 74, 1989
caaae:eadas:augur:es:a:a,ac:aT:aeraeee::aaeoopeeaau Notary Public I and for the County ofSantaClaraStateofCalifornia15052(1/1/83)My Commission expires
FAITHFUL PERFORMANCE BOND
Bond No. AB14625
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 SIXTY-FIVE THOUSAND FIVE HUNDRED AND 00/100 Dollars
65,500.00 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 May 10, 1988
with the Obligee
to do and perform the following work to-wit:
PAVEMENT RESTORATION
PROJECT NO. 88-113
NOW, THEREFORE; if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the .Principal
and Surety this 27th day of MAY 19 88
V
To be signed by Principal
and Surety and acknowledgment.)
CM Id® GE, INC.
Principal
c
DAVID 1-IOUGE, Vice-Pres
Amey an Star Insurance Company
et
By:
rney-in-Fact
The above bond is accepted and approved this - day of 19
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:Fa,aara w Ui 11;nms
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
o,C.+
ECl3 A E9= By iTrlsprsitil, tel/
President
11 ova:
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.
J1• ROSE MARE CARROLL C.44471;1211.42,1/4"!',YQ NOIMr PORI eircat ONN01w/ ban WonLaetsCourcyuv
I-.et-
Conrmsson------ ---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 Corporateor } Sealofthe
Corporation, this 27th day of May 88. —
c.,,i„, (<y,nso... Gt 0 {, (A
Secretary
ea c 151
7057 (5.87) h,',
q..`;.
i
LABOR AND MATERIAL BOND Bond No. AB14625
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
NORMAN B. HOUGE INC.
hereinafter designated as "Principal". have entered into or are about to enter
into a contract providing for the installation, construction, and erection byPrincipalofcertainimprovementsmoreparticularlydescribedinsaidcontract;
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 incorpbrafed 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
SIXTY-FIVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS
65,500.00
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.
o
STATE OF CALIFORNIA On this 1st da of June in the year
Santa Clara ss. Nineteen Hundred & Eighty Eight before me,
4 COUNTY OF Carole M. HOuge 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 satjsfactory evidence)OFFICIAL SEAL Vice-Pres.
w CAROLE M. HOUGE to be the person who executed the within instrument as
4 Notary Public-California or on behalf of the corporation therein named and acknowledged to me that
E7M SANTA CLARA COUNTY such corporation executed the within instrumentpursuant to its by-laws or anLr.4 r'P Y-
iuir My Comm.Exp.May 18,1989 resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the County of
yaaa ar v per, Santa Cl(Ibis document is only al term which me be torr use In simple on the datese fort abo i this certificate.
tran&
Wee
onan
enainrroway rasr does
noend(
d
tmake ay t,asatansysubstitute forthes 47---WOeGvreanattorney.The printerEcesndmake vrywanwryeilai erymssorimpliod astothe C/
a""ar4"y'°'ar"°""s'o"""°""a°"'"o'"'eseteemsinanyspedi"m"""i°" Notary Public, State of California
Cowdery's Form No. 28—Acknowledgement to Notary Public—
Corporation(C. C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires
r.n.c 'Jr bfLII-URIIIM
County of Santa Clara'
On this 27th- dayof I?ay 88in- the year nineteen hundred an , .... ..'
amA D. , beforemeene.Lee.Nakask 7-17V personally appeared Edward
known to me (or proved to me on the basis of satisfactory evidence) to be the person whosenameissubscribedtothewithininstrumentastheattorneyinfactofAmercanStarTnsurauce. Company and acknowledged to me that he (she) subscribed the name ofNorman.B..Hougea. Arica thereto as principal , and his (her) ownnameasattorneyinfact.
uaeuaeenerNUTIOUE eroouruaao®nancmoeoveeooaaeefll IN WITNESS WHEREOF, I have hereunto set myix*'.+ OFFICIAL SEAL hand and affixed my official seal in said CountyDIANELEENAKASHIMA
NOTARY PUBLIC the da a d year in is c- ificate above written:i:&,5,:t ,"
CALIFORNIAr. \ _fiN s COUNTY OF SANTA CIARA A
Comm. Exp. June 14, 1989 E. Notary Public in and for the County ofoe,Leei.mutu.epee,e.:pe7 ..9:Fmuni mua1ncluzgompo;° Santa Clara Rate of California85052(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 27th day of May 19 88
MAN B. HOUGE,
To be signed by Principal Principal DAVID HOUGE,VtoP er5'
and Surety. Notary
acknowledgments required.) American Star Insurance Company
Suret
L/Liecte„,BY In A.L
torney-in-Fact
The above bond is accepted and approved this day of
19
I,
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:Rdwnrd W Williams
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 oryescinded 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-Fgct 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 orher:
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.
II,,,'IIII. AMERICAN STAR INSURANCE COMPANY
1NSPR'"',
SPR ro .lr'p
i : I ir%E;4": i :y By _ (rLlstticoti/,
1:
President
hrrots\ :
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
1,,
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.
OFF/Cal
ct1aJ •,I ROSE MARIE CARROLL A
fff f ' NOVAYPUBJC—CALIFORNIA aXJC
w, San FIWICaCO
My aLn J,n,1.Jan.I 1903 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 Sealofthe
Corporation, this 27th day of May
a
19 . _
i'e"814 `0.4 62 a C(d.
T:. o Secretary
7057 (5.87) irrowS. ''
c Of I CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/Y'Y)
5-27-88
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Dempsey Insurance.. Service, Inc.RIGHTSOR ALTERPNOUPON D T AMEND,
THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. ,Box. 6210
San Jose, California 95150 COMPANIES AFFORDING COVERAGE
Tel: (408) .985=0930
LETTERNY
A Fireman's Fund Insurance Company
COMPANY BINSUREDLETTER
Norman B. Hauge, Inc. cLOMPAANY cTTE780 :S. Union Avenue
Campbell, California 95008 COMPANYLETTER
COMPANY ELtiitR
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHEINSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT,TERMOR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION ALL LIMITS IN THOUSANDSLTRDATE(MMIDDNY) DATE(MMNDIYY)
GENERAL.LIABILITY GENERAL AGGREGATE Ill
X COMMERCIAL GENERAL LIABILITY PRODUCTSCOMP/OPS AGGREGATE $ 2,000,
X X CLAIMS MADE DOCCURRENCE PERSONAL&ADVERTISING INJURY $ 1,000,
A X OWNER'SB CONTRACTORS PROTECTIVE. NXX80221755 5-27-88 5-27-89 EACH.OCCURRENCE 1,000,
X X, C, U FIRE DAMAGE(ANY ONE FIRE) 50,
MEDICAL EXPENSE(ANY ONE PERSON) $ - - 5
AUTOMOBILE LIABILITY
CSL
X ANY AUTO 1 Ooo
A — ALL OWNED AUTOS BDOILY
SCHEDULED AUTOS NXX80221755 5-27-88 5-27-89 (PmPERSON( $
X HIRED AUTOS - B(ONaiLY
X NON-OWNED. AUTOS ACCIDENT) $
GARAGE LIABILITY PROPERTYDAMAGE $ x
EXCESS LIABILITY EACH AGGREGATE
OCCURRENCE
OTHER THAN UMBRELLA FORM
STATUTORY 1
WORKERS'COMPENSATION
A AND WP80291842 1-1-88 1-1-89 100, EACHAMIDEND
EMPLOYERS'LIABILITY 500,LIMIT)(DISEASE POLICY
100, DISEASE-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
Job: Project No. 88-113 - Pavement Restoration
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
10300 Torre Avenue MAIL 10 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.
AUTHORIZED REPRESENTATIVE SE INS U CE SERVICE, INC.
By: illi s/dn
ACORD 25-S(11/85) A.IIP/ACORD CORPORATION 1985
27thEndorseznentmadeandagreedtothis day of
May 19 88
Assured Norman B. Houge, Inc.
Location Project No. 88-113 - Pavement Restoration
IT IS HEREBY UNDERSTOOD AND AGREED THAT THE INSURANCE PROVIDED UNDER THIS PQLIY.
SHALL BE PRIMARY INSURANCE TO THE FULL LIMITS OF- LIABILITY OF THE POLICY AND Iy THE
CITY OF CUPERRTINO, OR ITSOFFICERS AND EMPLOYEES:, HAVE OTHER INSURANCE. AGAINST A
LOSS COVERED BY SUCH POLICY, SUCH OTHER INSURANCE SHALL BE EXCESS' INSURANCE ONLY.,
All other terms and conditions remaining unchanged.
Attached and forming part of Policy No. X80221755 of the Fireman's Fund
Insurance Company
DEMPSEY INSURANCE SERVICE INC. E. W. Williams/dn
San Jose,California
2500- 11/68-BAR
THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL COVERAGE• .GENERAL LIABILITY
Additional Insured—Owners,Lessees
or Contractors(Form A)
POLICYAMENDMENT , CC 20 09 11 85
IF THE FOLLOWING INFORMATION IS NOT COMPLETE.REFER TO THE APPROPRIATE DECLARATIONS ATTACHED TO TIIE POLICI
INSURED POLICY NUMUEM SEQUEN IIAL NU.Npgman K. Rouge, Inc.
P7xX80221755PRODUCER
EFFECTIVE unre.Ilempseyl•Insurance Service, Inc. 5-27-88
SCHEDULE
NAME OF PERSON OR ORGANIZATION LOCATION Of COVERED UI'IiMAIIONSADDITIONALINSURED):
City of Cupertino Project 88•-11310300TorreAvenuePavementRestoration
Caupertino, California 95014
l
I. WHO IS AN INSURED(Section ll).isamended to include A. None of the exclusions under-Coverage A, except ewclu-o, as an insured The person or organization (called "additional sions (a), (d), (e), (I), (h?), (i), and (nr), apply to line iu,ur•insured")shown in the Schedule but only with respect to Iia• ance.bility arising out of:
A. "Your work" for the additional insured(s)at the location H. Additional Exclusions.This III UrallcC 1Je not1rpl) IJ'
designated above,or
B. Acts oromissions of the additional insured(s) in connec. (
I) Ooilly
reds)a or"property damage" for %%Inch 111.•ia•
ditional Insured(%)are obligated to pa) damages by rea.on oflionwiththeirgenera(supervision of"your work"at the lo• the assumption of liabiliq in a coulract or .11.t1ecowitl I'luscationshownintheSchedule, exclusion does not J11111% to IWb1111) lot Sunda,. that 111:iJ-2 With respect to the insurance afforded these additional ditional insuredt.) ..auld has ' in the ab.an:e 01.111::011G.1:1insureds,the following additional provisions apply: Of agreement.
CuOYa%Can n(•uJ\turn.!a1 IawnY,v]m.,,.011•t,lee.. Ieo
Tab Ism an by u1•rON W lt.••r t•iiM•,ti,••t.,u.N.1,t1,a,Pww. .,.11„r•
Wit Or Mt FIREMAN'S 111.10 I.\SL'R.t%E CUAIPASI!]4%n.rw m Int•
II I1,
Tek' \Q. I't: .a W I I IS
zu 08 II 85
rnc'r:
2) "Bodily injury"or" damage"
1
property occurring after:act or omission of the additional insured(s) or aca) All work on the project(other than service,maintenance, employees, other than the general supervision oforrepairs)to be performed by or on behalf of the additional formed for the additional insured(s) by you.insureds)at the site of the covered operations has been com• (4) "Property damage" to:pieced,or
b) That portion of"your work" out of which the injury or (a) Property owned, used or. occupied by or remddamageariseshasbeenputtoitsintendeduseby,an additional insured(s);or organization other than another contractor oriubcoltrac- (b) Property in the care,custody,or control of the a,for engaged in performing operations fora principal as a part insured(s)or over which the additional insureds)anofthesameproject:'
purpose exercising physical control; or3) "bodily injury"or"property damage"arising out of any (c) "Your work" for the additional insured(s).
i•