89-137 Raisch Roadway Improvement Co., Inc for Stevens Creek Blvd. improvements-project 4022 1! 9
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MW
November 14, 1989
1 105 L'AVENIOA MT. VIEW, CALIFORNIA 94043
MAILING ADDRESS: P.O. BOX 729 94042
PHONE: (41 5) 967-2125
FAX PHONE: (41 5) 967-1949
City of Cupertino
1.0300 Torre Avenue
Cupertino, CA 95014 PUBLIC WORKS
ATTENTION: Sumi Martin NOV 1 7 1989
RE: Stevens Creek Blvd. Improvements
Project 4022
Raisch Construction Job 89012
Gentlemen:
Please be advised that this contract is being administered through our
Mountain View office. I have forwarded Contract Change Order No. 1
to our Mountain View office for execution.
Future correspondence regarding this project should be submitted to
the Mt . View address as indicated below.
Raisch Construction Co.
P.O. Box 729
Mt . View, CA 94042
Should you have any questions regarding this request , please contact
me at (408) 365-1100 .
Sincerely,
RAIS CONSTRUCTION CO.
Peggy tross
Contra-et Administrator
PC
cc : Mt . View
J
"AN EQUAL OPPORTUNITY EMPLOYER"
CTATC rr%NrrOArrr-1M-C ( (rte nirl corm n r
CITY OF CUPERTINO
' STEVENS CREEK BOULEVARD IMPROVEMENTS
ORANGE TO PHAR IAP
PROTECT NO. 4022
s` CHANGE ORDER NO. 1 r�
..,?
CONTRACTOR: NAV 1`� 19a9
Raisch Roadway Improvement Co. , Inc.
. � [3, X Uf�!al�
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P. O.. 7 � I ,1t1, �1r
Barr—JuSL;Com--95111 Nl+. Vt-,wJ C n
The following changes are hereby approved:
1A. Set guard posts along shopping center
parking lot $ 2,524.00
1B. Pothole and locate existing utilities 1,746.21
$ 4,270.21
Original Contract $ 706,916.30
Change Order No. 1 4,270.21
Revised Contract $ 711,186.51
P.O. No. 21627
CONTRACTOR C OF CUPERTINO
Bert J. Vi kovich
Director o Public Works
Title_f'� -i �2 AE--�e
Date 1� City Council, 11/6/89
Res. No. 7970
PUBLIC WORKS
NOV 16 1989
CITY OF CUPERTINO r r
C941MITY CENTER BUILDING/MEMORIAL PARK EXPANSION f, r�f�'1+"t
PRa'ECT NO. 2001 (+
OONTRACr CHANGE ORDER NO. 10 Nov
7 7,989
t. A.
CONTRACTOR
E.A. Hathaway and Company
PUBLIC V, ,
P.O. Box 5100
San Jose, CA 95150 � � r IyO.
The following changes are hereby approved:
10A. Revise ceramic tile base in
corridors and lobbies (B) $ (2,094.00)
10B. Delete two exit lights, Room 37 (B) ( 858.00)
10C. Furnish and install wall coverings
Rooms 36 & 67 (B) 1,001.00
10D. Compensable delay for change orders (B) 58,174.00
$ 56,223.00
Original Contract $ 4,963,782.00
Change Omer No. 1 1,209.00
Change Order No. 2 8,060.00
Change Order No. 3 5,207.00
Change Order No. 4 25,734.00
Change Order No. 5 181375.00
Change Order No. 6 171810.19
Change Order No. 7 24,896.00
Change Order No. 8 942.00
Change Order No. 9 1,874.00
Change Order No. 10 56,223.00
Revised Contract $ 5,124,112.19
P.O. Box 20419
CONTRACTOR f C OF ERTINO
By
rt J. V' kovich
rector q Public Works
Title6. r MAc1.TAC- r�
City Council, 11/6/89
Date itbD /97 Resolution No. 7968
y'+ �
C1t of Cu erti"o
.i � r
10300 Torre Avenue P.O. Box 580
Cupertino,California 95014 Cupertino, California 95015
Telephone: (408) 252-4505
August 10, 1989
Raisch Roadway Improvement Ccm>pany
P. 0. Box 643
San Jose, CA 95106
CONTRACT FOR PUBLSC WORKS
We are enclosing to you one (1) copy of the Contract for Public Works
between the City of Cupertino and Raisch Roadway Improvement Co., Inc.,
which has been fully executed by City Officials.
Award of your contract was approved at the regular City Council meeting of
July 5, 1989.
Enclosed please find your bid bond.
sincere
jly,.
DOROM CORNELIUS
CITY CUM
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
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l
CONTRACT FOR PUBLIC WORKS
CONTRACT made on July 5, 1989 by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and RAISCH ROADWAY IMPROVEMENT CO. , 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 STEVENS CREEK BOULEVARD IMPROVEMENTS -
ORANGE AVE. TO PHARLAP DR. , PROJECT 4022
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 STREET IMPROVEMENTS
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,
STEVENS CREEK BOULEVARD IMPROVEMENTS -
ORANGE AVE. TO PHARLAP DR. , PROJECT 4022
Page 1
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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: SEVEN HUNDRED SIX THOUSAND NINE HUNDRED SIXTEEN AND 30/100
DOLLARS ($706,916.30)
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 parties are unable to agree.
5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his
expense, obtain all. necessary permits and licenses, easements,
etc. , for the construction of the project, give all necessary
notices, pay all fees required by law, and comply with all laws,
ordinances, rules and regulations relating to the work and to the
preservation of the public health and safety.
6 . INSPECTION BY THE CITY. The Contractor shall at all times
maintain proper facilities and provide safe access for inspection
by the City to all parts of the work, and to the shops wherein the
work is in preparation. Where the Specifications require work to
be specially tested or approved, it shall not be tested or covered
up without timely notice to the City of its readiness for
inspection and without the approval thereof or consent thereto by
the latter. Should any such work be covered up without such
notice, approval, or consent, it must, if required by the City, be
uncovered for examination at the Contractor' s expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any
time during the progress of the work require any alterations,
Page 2
deviations, additions or omissions from the Specifications or Plans
or the Contract Documents, it shall have the right to do so, and
the same shall in no way affect or make void the contract, but the
cost or value . thereof will be added to, or deducted from, the
amount of the contract price, as the case may be, by a fair and
reasonable valuation, which valuation shall be determined either by
reference to the unit prices, if applicable, or in accordance with
the agreement of the parties, or in accordance with the rules of
the American Arbitration Association if the parties are unable to
agree. No extra work shall be performed or change be made except
by a written order from the City, duly authorized by resolution of
its governing body, and by all agencies whose approval is required
by law, stating that the extra work or change is authorized, and no
claim for an addition to the contract sum shall be valid unless so
ordered.
8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall
have the right to make changes in this Contract during the course
of construction to bring the completed improvements into compliance
with environmental requirements or standards established by State
and Federal statutes and regulations after the Contract has been
awarded or entered into. The Contractor shall be paid for by such
changes either by reference to the unit prices, if applicable, or
in accordance with the agreement of the parties, or in accordance
with the rules of the American Arbitration Association if the
parties are unable to agree.
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may
be terminated, amended or modified, with the mutual consent of the
parties. The compensation payable, if any, for such termination,
amendment or modifications, shall be determined either by reference
to the unit price, if applicable, or in accordance with the
agreement of the parties, or -in accordance with the rules of the
American Arbitration Association if the parties are unable to
a-gree.
10. TIME FOR COMPLETION. All work under this Contract shall be
completed:
90 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
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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 u-nder 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 theexpiration of said ten days, cease and
terminate. In the event of any such termination, the City shall
immediately serve written notice thereof upon the surety and the
Contractor, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within
fifteen days after the serving upon it of notice of termination
does not give the City written notice of its intention to take over
and perform the Contract, or does not commence performance thereof
within thirty days from the date of the serving of such notice, the
City may take over the work and prosecute the same to completion by
contract, or by any other method it may deem advisable, for the
account and at the expense of the Contractor, and the Contractor
and his surety shall be liable to the City for any excess cost
occasioned by the City thereby, and in such event the City may,
without liability for so doing, take possession of, and utilize in
completing the work, such materials, appliances, plant and other
property belonging to the Contractor as may be on the site of the
work and necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount which the City may
retain under Paragraph al of this Contract until the final .
completion and acceptance of all- work covered by the Contract, the
City may withhold from payment to the Contractor such an amount or
amounts as in its judgment may be necessary to pay just claims
against the Contractor or any subcontractors for labor and services
rendered and materials furnished in and about the work. The City
may apply such withheld amount or amounts to the payment of such
claims in its discretion. In so doing, the City shall be deemed
-the agent ' of the Contractor, and any payment so made by the City
shall be considered as a payment made under the Contract by the
City to the Contractor, and the City shall not be liable to the
Contractor for any such payment made in good faith. Such payment
may be made without prior judicial determination of the claim or
claims. With respect to any retention of payment by the City to
ensure performance of the Contract, Contractor will be entitled to
substitute securities 'as provided in Section 4590 of the California
Government Code as more fully described in the City's- Notice to
Contractors.
Page 4
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14 . NOTICE AND SERVICE THEREOF. Any notice ' m one party to
the other under this Contract shall be in writs: ind shall be
dated and signed either by the party giving sv otice, or by a
duly authorized representative of such party. ,;;y such notice
shall not be effective for any purpose whatsoever unless served in
the following manner: (a) if the notice is given to the City
either by personal delivery thereof to the City Manager of the
City, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to the City, postage
prepaid and certified; (b) if the notice is given to the
Contractor, either by personal delivery thereof to the Contractor,
or to his duly authorized representative at the site of the
project, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to said Contractor at:
P.O. Box 643
SAN JOSE, CA 95111.
postage prepaid and certified= and (c) if the notice is given to
the surety or any other person, either by personal delivery to such
surety or other person, or by depositing the same in the United
States mails, enclosed in a sealed envelope, addressed to such
surety or person, as the case may be, at the address of such surety
or person last communicated by him to the party giving the notice,
postage prepaid and certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part
thereof, nor moneys due or to become due thereunder, may be
assigned by the Contractor without the prior written approval of
the City.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in
the Specifications, any material or process is indicated or
specified by patent- or proprietary name, or by name of
manufacturer, such Specifications must be met by Contractor, unless
the City agrees in writing to some other material, process or
article offered by Contractor which is equal in all respects to the
one specified.
17. CONTRACT SECURITY. The Contractor shall furnish a surety
bond in an amount at least equal to one hundred percent (1001) 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
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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) WORXER'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 13 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
';pith 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
#500,000.00 for injuries, including accidental death, to any. one
person, and subject to the same limit for each person, in an
amount not less than $1,000.000.00 on account of one accident, and
Page 6
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Property Damage Liability Insurance in an
amount not less$ 250,000.00 . The City and its officers and employeesf ahallthbe
named as additional insureds on any such
which shall also contain a provision that thliines of
finance afforded
thereby to the City, its Officers and employees, shall be
insurance to the full limits of liability 0f the policy and that
if the Cit Primary
Y, or its officers and employees, have other insurance
against a 1099 covered by such policy, such other insurance shall
be excess insurance only.
19 . SOLD HARMLESS. The Contractor will save, keep,
harmless the City and all officers, employees, and •aentsntherhold
eof
from all damages, costs, or expenses, in law or in
at any .time arise or be set up because of equity, that may
to property sustained by any person or Personal injury or damage
the course of the performance of said work, or by reason of, or in
infringement or alleged infringement- of the patent rights of a
person or persons, firm or corporation in ,cons by reason of any
ny .
uence
in, on, or about said work, of any article or material®su the use
installed under this Contract. Notwithstanding the abovle,ed or
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
shall not impose any liabilit u on the Ci sentence
sentence
express benefit of the y p y and are for the
general public.
20 . HOURS OF WORE. 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
excess of eight hours per dcontractors in
ay and ft
shall be permitted upon pubory hours during any one week
lic work upon co
worked in excess of eight hours mpensation for all hours
one-half times the basic rate of aper day at not less than one and
. It is further stipulated that for each and every violation of Sections 1811-1815,,
inclusive, of the Labor Code of the State of California, all the
provisions whereof are deemed to be incorporated herein, the
Contractor
shall forfeit, as a to
dollars the Cit
ntwenty-five execution of eachlabveworker, or mechanic employed in
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
work more than eight hours in an Permitted t
in any one calendar week in violation of althe arprovisionsand orof hsaid
Sections of the Labor Code.
Page 7
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The Contractor, and each subcontractor, shall keep an accurate
record showing the names of and actual hours worked each calendar
Iay and each calendar week by all laborers, workmen, and mechanics
mployed 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
basics
(1) A certified copy of an employee's payroll record shall be
made available for inspection or furnished to such employee or
his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available for inspection or
furnished upon •request to a representative of the body awarding
the contract, the Division of Labor Standards Enforcement and
the Division of Apprenticeship Standards of the Department of
Industrial Relations.
(3) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available upon request to the
public for inspection or copies thereof made, provided,
however, that a request by the public shall be made through
either the body awarding the contract, the Division of
Apprenticeship Standards, or the Division of Labor Standards
Enforcement. The public shall not be given access to such
records at the principal office of the Contractor.
(c) Each Contractor shall file a certified copy of the records
enumerated in subdivision (a) with the entity that . requested such
records within ten (10) days after receipt of a written request.
Paqe 8
(d) Any COPY of records. made available for inspection as copies
and furnished upon request to the public or any public agency by
the awarding bids, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement shall be marked or
obliterated in such ' a manner as to prevent disclosure of an
individual' s name, address and social security number. The name
and address of the Contractor awarded the contract or performing
the contract shall not be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (a) ,
including the street - address, city and county and shall, within
five working days, provide 'a notice of a change of location and
address-.
(f) In the event of noncompliance with the requirements of this
section, the Contractor shall have ten (10) days in which to this
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.
7h) 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 atwhich he
IS employed, and shall be employed only at the work of the craft or
trade to which he is registered.
Page 9
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Only apprentices# as defined in Section 3077, wt in training
under apprenticeship standards and written app_
under Chapter- 4 (commencing with Section 3070) , Divisiona3Seofents 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 Graf t 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 apprenticesh
standards. be
The ratio of apprentices to journeymen who shall
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)
warkinj days or to contracts of specialty contractors not bidding
for work through a general or prime contractor, involving less than
two thousand dollars ($2,000 .00) or fewer than five
days. (5) working
Page 10
"Apprenticeable craft or trade, " as used in this section, shall
mean a craft or trade determined as an apprenticeable occupation in
accordance with rules and regulations prescribed by the
Apprenticeship Council. The joint apprenticeship committee shall
have the discretion1to grant a certificate, which shall be subject
to the approval of the Administrator of Apprenticeship, exempting a
contractor from the 1-to-5 ratio set forth in this section when it
finds that any one of the following conditions are mets
(a) In the event unemployment for the previous three month period
in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such
area expeeds a ratio of 1-to-S, or
(c) If there is a showing that the apprenticeable craft or trade
Is replacing at least one-thirtieth of its journeymen annually
through apprenticeship training, either (1) on a statewide basis,
or (2) on a local basis..
(d) If assignment of an apprentice to any work performed under a
public works - contract would create a condition which would
jeopardize his life or the life, safety, or property of fellow
employees of the. public - at large if the specific task to which the
apprentice
when such exemptions are granted to an organization which'
represents contractors in a specific trade from the 1 to S 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.
9 contractor to whom the contract is awarded, or any
subcontractor under him, who, in performing any of the work, under
the contract, employs journeymen or apprentices in any
apprenticeable craft or trade and who is not contributing to a
fund or funds to administer and conduct the apprenticeship program
In any. such craft or trade in the area of the site of the public
work, to which fund or funds other contractors in the area of the
site of the public work are contributing, shall contribute to the
fund or funds in each craft or trade in which he employs journeymen
or apprentices on the public work. in the same amount or upon the
same basis and in the same manner as the other contractors do, but
where the trust fund administrators - are unable to accept such
funds, contractors not signatory to the trust agreement shall pay a
like amount to the California Apprenticeship Council. The
contractor or subcontractor may add the amount of such
contributions in computing his bid for the contract. The Division
of tabot' Standards Enforcement is authorized to enforce the payment
of. sdch��dontributions to the fund or funds as set forth in Section
2170
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 cvntpliance 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 shalls
(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 Apprenticeships and
(2) Forfeit as a civil penalty in the sum of fifty dollars
($50 .00) for each calendar day of noncompliance. NothOLthstanding
the pprovisions of Section 1727, upon receipt of such a
determination the awarding body shall withhold from contract
progress payments then due or to become due such sum.
(b) Any ' such determination shall be issued after a full
investigation, a fair and impartial hearing, and reasonable notice
thereof in accordance with reasonable rules and procedures
prescribed by the California Apprenticeship Council.
(c) Any ' funds withheld by the awarding body pursuant to this
Section shall be deposited in the general fund if the ayirding body
is a state entity, or in the equivalent fund of An awarding body if
such awarding body is an entity other than the suite.
The interpretation and enforcement of Sections 1777.5 and 1777.7
shall be . in accordance with the rules and procedures of the
California Apprenticeship Council. (Amended by Stats. 1978, Ch.
1249)
It shall be mandatory upon the Contractor, and upon any
subcontractor under him, to pay not less than the said specified
rates to all laborers, workmen, and mechanics employed in the
execution of the Contract. It is further expressly stipulated that
theContractor shall, as a penalty to the City, forfeit twenty-five
doliars ($25.00) for each calendar day, or portion thereof, for
Bach 18botery workman, or meehanic paid less than the stipulated
PNOXIiin4 rates for any work done under this Contract by him or by
any Adbronttactor lander work done under this Contract by him or by
;"Ahy subcontractor under hims 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 tor the protection of persons (including employees) and
property. The safety provisions of applicable laws, building and
construction codes shall be observed. Machinery, equipment, and
other hazards shall be guarded- or eliminated in accordance with the
safety provisions of the Construction Safety Orders issued by the
Industrial Accident Commission of the State of California.
23. PAYMENT. Payment will be made in accordance with the attached payment
schedule. The City will make partial payment to the Contractor on the
basis of a duly certified approval estimate of the work performed
and materials incorporated in the project, during the preceding
calendar month, by the Contractor, but the City will retain ten
percent (10%) of the amount of each of said estimates until the
expiration of thirty-five (35) days from the date of recording by
the City of notice of acceptance of completion of all work covered
by this Contract, if such notice be recorded within ten days after
the acceptance of completion of such Contract as evidenced by
resolution of its governing body; or, if such notice be not so
recorded within ten days, until the expiration of ninety-five ( 95)
days after the acceptance of completion of such work of improvement
as evidenced by resolution of its governing body, at which time and
not before, the City shall pay to the Contractor the whole of the
remaining ten percent (100) of said contract price so held back as
providedp 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
4
thereof, the writing aforesaid, within ten (10) days after the
times aforesaid, and after written demand has been made upon him
for the same, the Contractor may file demand with the City, and, in
event said certificates are not furnished within ten (10) days
thereafter, the same shall become due and payable.
In case the City's representative delivers the writing aforesaid,
in lieu of the certificates, then a compliance by the Contractor
with the requirements of said writing shall entitle the Contractor
to the certificates.
The payment of progress payments by the City shall not be
construed as an absolute acceptance of the work done up to the time
Of such payments, but the entire work is to be subjected to the
inspection and approval of the City, and subject to whatever
inspection and approval may be required by law.
24. PROTECTION OF PUBLIC UTILITIES. The City shall be
responsible as between the parties to this Contract only, for the
removal, relocation, or protection of existing public utilities, if
any, located on the site of construction, but only if such public
utilities are not identified by the City in the Plans and
Specifications made a part of the invitation for bids. The City
shall compensate the Contractor for costs incurred in relocating or
repairing damage to utility facilities not indicated in the Plans
and Specifications, other than service laterals when the presence
of such utilities on the construction site can be inferred from the
presence of such visible facilities as buildings, and meters and
Junction boxes on, or adjacent to, the construction site. The
Contractor shall not be assessed liquidated damages for delay in
completion of the Contract project, as provided in Paragraph 27
below, when such delay is caused by the failure of the City, or
other public utility, to provide for the removal or relocation of
the existing utility facilities. If the Contractor while
performing the Contract discovers utility facilities not identified
by the City in the Contract Plans and Specifications, the service
laterals as hereinabove described, he shall immediately notify the
City in writing.
25. CONTRACTOR'S RESPONSIBILITY FOR THE WORE. The Contractor '
shall not be responsible for the cost of repairing or restoring
damage to the work caused by an Act of God. NEVERTHELESS, the
Contractor shall, if the insurance premium is a separate bid- item, '
obtain the insurance to indemnify the City for any damage to the
work caused by an Act of God. "Acts of God" shall include only the
following occurrences or conditions and effectss earthquakes and
tidal waves, when such occurrences or conditions and effects have
been proclaimed a disaster or state of emergency by the Governor of
the State of California or by the President of the United States, '
or were of a magnitude at the site of the work sufficient to have
caused a proclamation of disaster or state of emergency having
occurred in a populated area. Subject to the foregoing, the City
shall not, , in any way or manner, be answerable or suffer loss,
damage, expense or liability for any loss or damage that may happen
to said building, work, or equipment or any part- thereof, or in,
vsn® 1 ®
on, or about the same during its constructionf ind before
acceptance.
26. CONTRACTOR'S GUARANTEE. The Contractc 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 qualityt and that the work as
performed by the Contractor will conform with the Plans and
Specifications or any written authorized deviations therefrom. In
case of any defect in work, materials, apparatus or equipment,
whether latent or patent, revealed to the City within one `1) year
of the date of acceptance of completion of this Contract by the
City, the Contractor* will forthwith remedy such defects without
cost to the City.
27. LIQUIDATED DAMAGES. Time shall be of the essence of this
Contract. If the Contractor fails to complete, within the time
fixed for such completion, the work hereinbefore mentioned and
described and hereby contracted to be done and performed, he shall
become liable to the City for liquidated damages in the sum of
ONE HUNDRED FIFTY AND 00/100 DOLLARS ($150.00)
for each and every calendar day during which said work shall remain
uncompleted beyond such time for completion or unlawful extension
thereof, which sum shall be presumed to be the amount of damage
thereby sustained by the City since it would be impracticable or
extremely difficult to fix the actual damager and the amount of
liquidated damages may be deducted by the City from moneys due the
Contractor hereunder, or his assigns and successors at the time of
completion, and his sureties shall be liable to the City any
excess.
-26. - ADDITIONAL PROVISIONS.
The City has the option to delete Item No. 28, Landscaping and
Irrigation from this contract within two weeks from the date
of this contract.
Page 15
STATE OF CALIFORNIA On this...................day of.. L ,in the year
...............
SANTA CLARA ss' ...........................before me,
COUNTY OF.......................... ��! ...............
SUSAN A. SILVA ,,,,,,a Notary Public,State of California,
duly licensed and swornersonally appeared..................................
RAYMOND L. MEA
.................................................................................
`•...... personally known to me(or proved to me on the basis of satisfactory evidence)
SUSAN A. SILVA
-yam NOTARY PUBLIC-CALIFORNIA
to be the person who executed the within instrument asATTORNEY—IN-FACT
^ o SANTA CLARA COUNTY or on behalf of the corporation therein named and acknowledged to me that
• MY Commission Expires May 14,19M 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
in To1f.7ficial s 1 in a CITY OF SAN..,TOS�ounty of....................
This document is only a general form which may be proper for use in simple SANTA ��AR
.......................... ....,on the datMort in this certificate.
transactions and in no way acts,or is intended to act,as a substitute for the
advice of an attorney.The printer does not make any warranty either express or implied as to the (�(
legal validity of any provision or the suitability of these forms in any specific transaction. Notary Public, State of California
Cowdery's Form No. 28—Acknowledgement to Notary Public— MAY 14, 1993
Corporation(C. C. Secs. 1190-1190.1)—(Rev. 1/83) My commission expires
,F
P.O. No.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
CITY OF CUPERTINO
Approved as to form
R or:
ity Attorney City Cler
4Iff z
ata/C ty Clerk1
CONTRACTOR:
RAI SCH ROADW Y IMPROVEMENT CO. , INC.
r'
dba is' h Construction Co .
AF
r
r' By t
Notary acknowledgment required. �eg� rte .�h.�jcT
If a corporation, corpo=ate seal /T� Py
and corporate notary
acknowledgment required.
Project. Name and Number=. STEVENS CREEK BOULEVARD IMPROVEMENTS - ORANGE AVE'. TO
PHARLAP DR. - PROJECT 4022
Contractors Names RAISCH ROADWAY IMPROVEMENT Co. , INC.
Contract Amounts P.O. Box 643, San Jose, CA 95111
DOLLARS $706,916.30)
SEVEN'HUNDRED SIX THOUSAND NINE HUNDRED SIXTEEN AND 30/100
(
COniiadt. kccount Numbers'. 120-4022-953
Page 16
1989 CAPITAL IMPROVEMENT PAYMENT SCHEDULE
QUANTITIES CUT-OFF DATE CHECK RELEASE DATE
FRIDAY 5:00 PM FRIDAY
JANUARY 13 JANUARY 27
FEBRUARY 10 FEBRUARY 24
MARCH 10 MARCH 24
APRIL 7 APRIL 21
MAY 5 MAY 19
JUNE 2 JUNE 16
JUNE 30 JULY 14
JULY 28 AUGUST 11
AUGUST 25 SEPTEMBER 8
SEPTEMBER 22 OCTOBER 6
OCTOBER 20 NOVEMBER 3
NOVEMBER 17 DECEMBER 1
DECEMBER 15 DECEMBER 29
t
BID PROPOSAL
TO: THE DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA 95014
Dear Sir:
In compliance with the Plans, Specifications and/or Special
Provisions for the constructing to completion the Stevens Creek
Boulevard Improvements, Project 4022, I, the undersigned, hereby
declare that I have read the proposal requirements, visited the
site, and examined all of the above documents. I, the under-
signed, hereby propose to do all work required to complete the
project in accordance with the plans, specifications and/or
Special Provisions for the prices set forth in the following
schedule. I further understand that said prices include all costs
including, but not limited to, local, state and federal taxes or
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 that the City of Cupertino does not state
that 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 that
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 most advantageous proposal, to reject any or all bids or to
waive any irregularities in the bidding procedures.
The work to be done consists of the furnishing of all labor,
methods, processes, tools, machinery and materials required to
contruct to completion and in working usable order the improve-
ments on Stevens Creek Boulevard, Project 4022, from Orange
Avenue to Pharlap Drive as described in the contract documents.
In the event of discrepancies between the written unit price
and the numerical unit price, the written price shall govern.
The City reserves the right to award the base bid or the
base bid with any combination of additive alternates.
Proposal, Page 1 of 12
ESTIMATED QUANTITIES
EST.
BID QTY/ UNIT EXT. OF
ITEM UNIT ITEM PRICE UNIT $
1. L.S. MOBILIZATIONFivr'
'['-bus4040ldc ca
no�ue.es $ LS $ ��4o
PER LUMP SUM
2 . L.S. CONSTRUCTION SIGNING
7uJQ 7_NQUSA, hD Atha '44 tao
Qg&Lege s $ZOOC/LS $2000'=
PER LUMP SUM
3 . L.S. CLEARING AND GRUBBING
1�/E 77 lt�c.::A.vZ AN0 " p o0
DOU A,ec $50W LS $ 5000`
PER LUMP SUM
4. L.S. EXCAVATION, GRADING & SUB-
GRADE PREPARATION
S!= ZLIOUSAK/D AAW No g—o
pot-6AIM $b0,0c10LS $6b,000
PER LUMP SUM
�. 7440 CLEANING, SEALING, AND IN-
S.F. STALLING PETROMAT AT ALL
CRACKS OR SEAMS eE2o ,A wh
/oo DoLSAa $01 /SF
PER SQUARE FOOT
6. 2000 PROVIDE AND INSTALL MINI-
TONS MUM 2" OVERLAY A.C. 1/2"
AGGREGATE TwEmw SEVG�.(
An/D iv%o QQL
PER SQUARE FOOT $Z= /TON $SA,occ)
7• 27700 PROVIDE AND INSTALL 9"
S.F. DEEPLIFT A.C. 3/4" AGGRE-
GATE OA/0- A,vo 'OPIoa
L1hL L4eS c
$ �- /SF $4155o'
PER SQUARE FOOT
8. 2158 PROVIDE AND INSTALL TYPE
L.F. A2-6 CURB AND GUTTER
G1147 AmD tFoijco mt c-AAAS
$8�=
PER LINEAL FOOT
Proposal, Page 2 of 12
ESTIMATED QUANTITIES
EST.
BID QTY/ UNIT EXT. OF
ITEM UNIT ITEM PRICE UNIT $
9• 143 INSTALL P.C.C. BARRIER
L.F. WALL ONE Nu�yD�rD [IkT*r
2"C41". o0
$�(05 /LF $23��JcJ�CIO
PER LINEAL FOOT
10• 12000 PROVIDE AND INSTALL CUPERTINO
S.F. STD. 4" P.C.C. SIDEWALK
6NE' 4NQ 82'too Dc«q,ts 8Z CIO
$� — SF $ZI,Flo—'
PER SQUARE FOOT
EA. COMMERCIAL DRIVEWAY PER
CITY STANDARD Fbu2 'T7aous4ND
Ome gvurheEn AM
bo��e2s $q I�/EA $� I oo`n
PER SQUARE FOOT
12 . 1 EA. PUBLIC DRIVEWAY TAagg
YEu I-luk('QP-rD Mild 11 •i6o do
pctL�QtLc s3-4m/EA $S-+
PER EACH
13 . 2 EA. RESIDENTIAL DRIVEWAYS PER
CITY S tMARDS 7Ljo rbc 5AA,o
A•UQ ! oo coo
PER EACH $ZooO/EA $ gbM`22�
i4 . 515 INSTALL 12 " DIAMETER CLASS
L.F. III REINFORCED CONCRETE
PIPE At s,AA C- �,•//� "'%o
DoLLAAK
$4`j�
PER LINEAL FOOT LF $2S0382 00
15• 3 EA. STORM DRAIN MANHOLES (STD.
DTL. 37/51) 71vo 7Ab!0
7WO aUAa�eeM Ed= 00
All:ijcO AJ%oLc.AQS $ZZ50
PER EACH
Proposal, Page 3-of 12
ESTIMATED QUANTITIES
EST.
BID QTY/ UNIT EXT. OF
ITEM UNIT ITEM PRICE UNIT $
16 . 6 EA. INSTALL CURB OPENING DROP
INLET BNE "r7�uS/a�.t0 �OQL
HL_#jpQW �Nb N�ifoO Dotu�25 �o
PER EACH $1400/EA $8�—
17. 1 EA. 2 ' X 2 ' CONCRETE BOX INLET
AT PAVED SIDEDITCH awe-
7'4MSA/Vp ' 44er- HUNDgen ASO oa
^'oi(oo ao Ana s $ EA $ 1 SC)
PER EACH
18. 2 EA. 1201 R.C.P. PIPE CONNECTION
TO EXISTING MANHOLES_FjvE-
NuNO(te0 F IFT r ANO mop CIO o0
Do�.LA," $550/EA $ SSC—
PER EACH
19. 8 EA. ADJUST_ EXISTING VALVE
BOXES & MONUMENTS TO GRADE
VAJE WoWr)0_eW .S%Xrlr FjVC,
�r .
$ 1 $
PER EACH
��/EA (3Z�—
20 . i EA. ADJUST EXISTING MANHOLE TO
GRADE_T{¢p - 6luuo,Cc�7p F/FTT
4"/0 ''"�iloo DnL�Att
$3So/EA
PER EACH
EA. REMOVE EXISTING INLET AND
PLUG PIPE
7-vo aw"'O'eego A".0 dao ®o 00
DOLLA4 $I7- /EA $IZOO'r
PER EACH
22 . 915 SAWCUT A.C. PAVEMENT
L.F. owE NgoAl21&
$ I00 LF $ 00
PER LINEAL FOOT
Proposal, Page 4 of 12
ESTIMATED QUANTITIES
EST.
BID QTY/ UNIT EXT. OF
ITEM UNIT ITEM PRICE UNIT $
23 . 850 WEDGE CUT A.C. PAVEMENT FOR
L.F. MIN. 2" OVERLAY Siu AND
Sa�®c paL�c,Q c
$(0 SO
(0SO/LF $ SSZScoo
PER SQUARE FOOT
24. 2 EA. HANDICAP RAI'4PS 7;yee-r-
Nu,�Deeb 7—MCP r .wa cc
$ (o40Pao
PER EACH
25. 15 3 5 12" DI� WATER MAIN F/PlT
L.F. ANO 3 moo DatcAQ3 30
PER LINEAL FOOT
26. L.S. CONNECTION TO EXISTING
WATER MAIN AT MANN DRIVE_
S�Yt?I 42!: �= o®
ANA "ebb T1oLc.a c sWoo/LS $ 12co—
PER LUMP SUM
27. 2 EA. FIRE HYDRANT ASSEMBLY 50
�7IouSAJ/, SEyc00j IuNo'ero C0
map Do((-Aefc
PER EACH
28. L.S. LANDSCAPING PLANTING AND
IRRIGATIONONFAuA-,D#ecj F/
_TwusAN.o A "'o/ioe7 .a
PER LUMP SUM � s $ LS $/,w006='.
29. 6 EA. INSTALL PAVEMENT ARROWS
-n4i 2T?- AA1,Q iU C) Dm�c.4tc o0
$3Cr $ $I p o
PER EACH
30. 1864 INSTALL TRAFFIC STRIPING
L.F. (STATE DETAIL 21) Zmo .qao
$%o 2QLCAQs
90
149� Zo
PER LINEAL FOOT $OLF $
Proposal, Page 5 of 12
ESTIMATED QUANTITIES
EST.
BID QTY/ UNIT EXT. OF
ITEM UNIT ITEM PRICE UNIT $
31. 280 INSTALL TRAFFIC STRIPING
L.F. ( TATE DETAIL 3 8)_7 ® Awn
moo mages
00
PER LINEAL FOOT $ S60
32 . 1590 PROVIDE AND INSTALL 2"
L.F. RIGID STEEL CONDUIT WITH
NYLON PULL RAPE
PER ,LINEAL FOOT ��ec $/a_/LF $JS �2Q
33. 8 EA. INSTALL #5 PULL BOX
Tkiy 11ij.__QG Aun "%o
PER EACH pec $�� /EA $ /b c�
34. 1300 PROVIDE AND INSTALL 1-1/290
L.F. RIGID METAL CONDUIT
®O
$_ $_/Dyao
PER LINEAL FOOT
35. 8 EA. INSTALL ELECTROLIER do
77,Vo ZWQjgdAQ d&Q cc
PER EACH /F'`a �---
36. 2 F.A. MODIFY EXISTING ELECTROLIER
CAI
tao�.�j2s $ %EA $
PER EACH
37 . 12 EA. ##3 1/2 PULL BOXES
.yo/o a r 00
/EA $ 4900
PER EACH
38. L.S. STREET LIGHT DEMOLITION
AND PRIVATE LIGHT RELOCA-
TION
L.wer_ 7460044v0 "�/.��G do
Aug
a /066
PER LUMP SUM
Proposal, Page 6 of 12
ESTIMATED QUANTITIES
EST.
BID QTY/ UNIT EXT. OF
ITEM UNIT ITEM PRICE UNIT $
39• 5 EA. WATER SERVICE_ayt 77�usAtito
E7GN7' s1UA.J0ReZ Avp ��c0 00
noU.a&s $1EA $
PER EACH
40. 770 REMOVAL AND DISPOSAL OF
L.F. ASBESTOS CONCRETE PIPE
5�1�� .4tiID �/jcx� D�A/t.t
—o
$ S-4-+S�
PER LINEAL FOOT
TOTAL BID $�BJr--
ADDITIVE BID ITEM
i . L.S. 8" WATER MAIN INTERCONNEC-
TION FROM STEVENS�REEK TO
BRYNE COURT j2=
Tiyi. S�Ji eaf.0.� OeVe, &AADeep
p6c444r $1 LS $ ~
PER LUMP SLIM
2. L.S. REMOVE AND LANDSCAPE EXIST-
ING PEDESTRIAN PATHWAY
E?G.rtr azboL02wD A.yDo0
o
Dcxc�?r LS $ 5600
PER LUMP SUM
Proposal, Page 7 of 12
I, the undersigned, agree that if this proposal is accepted
by the City of Cupertino, I will enter into a contract with the
City to provide all necessary machinery, tools, apparati, and
other means of construction and to do all of the work specified
in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without
connection with any person, firm, or corporation making a bid for
this 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 portion of the work over another
and each starting date where conflict of construction schedules
occur.
Attached hereto is the required certified check, bid bond,
or surety in the amount of $ which amount
represents ten percent ( 10%) of the total amount of the bid, as
required by law and the notice to bidders.
Proposal, Page 8. of 12
MEAD OFFICE, Pt•11l_AvRANCE
MIA, pEN143VLVANIq
N INSTITUTE 0
APPROVED BY THE gtytBRD BOND Bond No. REL(9)
KNOW ALL MEN BY THESE
DOCUMENT NO.A-310(p a 970 ARCHITECTS
ESE PRESENTS, that we
as Principal, hereinafter Raisch Construction Co.
Philadelphia, Pennsylvania,hereinafter
clled the Principal, and the RELIANCE INSURANCE
as Surety, hereinafter called tcorporation duly organized
Surety, under the laws of COMPANY of
Y, are held and firmly the State of
Y bound unto Pennsylvania,
City Of Cupertino
as Obligee, hereinafter called the Obligee, in the sum
of Ten Percent (10$) of the Total Amo
for the unt
Payment of which sum well and truly
ourselves,our heirs, executors, administrators, successor Dollars �$
these presents. to be made, the said Princi
s and assigns, pal and the said Suret )
WHEREAS, the Principal has submitted Jointly and severall y' bind
, firmly by
Orange Avenue a bid for
Y
to Pharlap Drive Stevens Creek Boulevard
Project 4022 Improvements
NOW, THEREFOR
into a Contract with the he Obligee shall accept
bonds as may Obligee in accordane with Id of the he terms Of
the faithful y be specified in the bidding pal and the Principal
performance of g °r Contract Documents with h bid p shall enter
Wished t the ro such Contract and for the and glue such bond or
P secution thereof,or in the event of the failure of t good and sufficient
and give such bond or o paYment of labor and trial for
the penalty bonds, if the Principal shall material fur-
the _ Y hereof between the amounts he Principal to enter such
'^ good faith contract with another pay to the Obligee the differenCe Contract
specified in said bid and such larger not to exceed
SS• all be null and void Party to 9 amount for which the
otherwise to remain eif Perform
the
Work covered
.before force and effect, by said bid,
fornia me, A. 13th
A. Jpdmy com, day Of June
-Fact
so
A.D. 19 89
'It d k the Copo,
Iown to me I
ment onnbehaifofth Raisch Const On
Sed to me that such ( I Co.
Ral)
Sam
L
m hereunto set By:
f'•S� *Q44,-' hand ana _
ve writtenten• Tltb)
• the da, N,b
A J. 6yAS�I
RELIANCE INSURANCE COMPANY
LAAJ8LIC CALIF SRA
'�Expires p�19 Ygl
90 By:
J r �_
RELIANCE INStNCE COMPANY
HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY,a corporation duly organized under the laws of the State of
Pennsylwnia,does hereby make,constitute and appoint
JODY A. JOHNSON of SAN JOSE, CALIFORNIA ----------------
its true and lawful Attorney-in-Fact.to make,execute,seal and deliver for and on its behalf,and as its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ----------------
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and—oder writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other
of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became
effective September 7, 1978,which provisions are now in full force and effect,reading as follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors,the President,the Chairmen of the Board,any Senior Vice President,any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and (b)
to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute
and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem-
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and
to copies of the By-Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979,at which a quorum was present,and said Resolution has not been
amended or repealed:
"Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shell be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate seal to
be hereto affixed,this 27th day of September 19 88
RELIANCE INSURANCE COMPANY
v Vice President
STATE OF Washington
COUNTY OF King } U.
On this 27th day of September . 19 88personally appeared Lawrence W. Ca OR y
to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY,and acknowledged that he e uti,9rrilMei�OL�r ing
instrument and affixed the seal of said corporation thereto, and that Article VII,Section 1, 2, and 3 of the By-La o *0 o(m�erany ari`ry b�l8 u-
tion,set forth therein,are still in full force. l.'1AR)V
My Commission Expires: `
May 15 , 19 90 Notary Public in and for Stat ol�� 65 n
-*.0.
Residing at Tacoma '• ••.•••
John E. VanceF�F•WASN�
Assistant Secretary of the RELIANCE INSURANCE COMPANY,do he the above
and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY,which is sti I in full force and
of f ect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company this 13th day of JUI1e 19 89•
Assistant Secretary
n E. Vance
�A
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, the
undersigned submits the following statements as to his experience
and to his qualifications as a part of this proposal, and the
truthfulness and accuracy of the information is hereby guaran-
teed.
( 1) How many years has your organization been in business under
.its present name? /-14? C'aep./7arP;Fe �dx�ix�. �.�isc►.f/�ar� .tai ,dtto�i,f d J,
,2)$,q �3i5��/G'vn►��2rrG;�onf Cci• 4�.rtisleq�4 B��•.T./�ars�.lf�u�i CD,�<���,�if h�
( 2) How many years experience in work comparable with that`� sa--ne_=
required under the proposed contract has your organization had by
this or any other name? 7' /00Z/
( 3) Contractor' s License No. X39 // to State of
California, Classification ,q
( 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 three ( 3) years.
YEAR CLASS, LOCATION OF WORK AND FOR WHOM PERFORMED CONTRACT $
Proposal, Page 9 of 12
STATEMENT OF EXPERIENCE
FOLLOWING IS A PARTIAL LIST OF PROJECTS COMPLETED DURING THE LAST THREE
YEARS OR IN PROGRESS BY RAISCH ROADWAY IMPROVEMENT CO, INC ,
1986 RT. 101 CONTRACT 04-105004 $2,705 ,458 CALTRANS
1986 SOQUEL DRIVE $2,215, 141 CALTRANS
1986 TRUCK SCALE, MORGAN HILL $1459, 760 CALTRANS
1986 RT. 101 SCHELLER AVE. CONTRACT 04-113764 $2,,046,583 CALTRANS
1986 GUADALUPE CORRIDOR C105 68, 958,989 SCCTA
1987 RT. 101 , HOLLY ST. CONTRACT 04-106894 $2 , 275, 427 CALTRANS
1987 ANNUAL RESURFACING $3,864, 302 SAN JOSE
1987 RT. 101 HELLYEP, CONTRACT 04-393844 $7,664 ,807 CALTRANS
1987 RT. 101 ANZA BLVD. CONTRACT 04-100354 $1 , 304 ,680 CALTRANS
1988 AIRPORT UTILITY TRENCH $1 ,078,617 SAN JOSE
1988 GUADALUPE CORRIDOR A110 $2,733,358 SCCTA
1988 RT. 85/87 CONTRACT 04-487024 $6, 744 , 121 CALTRANS
1988 EVERGREEN CREEK (PORTION) $7581226 SAN JOSE
1988 RT. 87/ALMA CONTRACT 047487244 $6, 847, 969 CALTRANS
1988 RT. 101 HELLYER TO 280 CONTRACT 04-437414 $9, 443, 955 CALTRANS
RAISCH ROADWAY IMPROVEMENT CO, INC . IS EXPERIENCED AND EQUIPPED TO PERFORM
THE REQUIRED WORK..
RAISCH ROAMIJAY IMPROVEMENT CO . INC .
RAY D L . MESSA
A torney-in-Fact
1/89
SUB-CONTRACTORS FORK!
Name of Proposed Sub-Contractors, if any
(Section 4014, Government Code)
1. ^Z, C e3
2. �i'a•Uo C C�' C
3 . //✓�i0 /S ti0 vv.uD
4. V• �� j ,9�
5. 41elA'04_1
6. ;We:K_ 'cam
ddres of Shop or Office of Sub-Contractors
(Section 4104, Govern tom�----Code)
1. TiPE71o�j�
2. N VAS e;-
3 .
3 . _fit/ VoS r
4. 17D syT
5. �11i�►o.�r
6.
;L,
`r Work to be Performed by Sub-Contractors
(Section 4104, Government Code)
1.
2.
3 . . �.
4.
5.
----------------
6.
Proposal, Page 10 of 12
SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-
PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL
INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A
CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE
NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER, THE
CORPORATE SEAL MUST BE AFFIXED TO THIS FORM.
TYPE OF BUSINESS
RAISCH ROADWAY IMPROVEMENT CO. , INC. , a California .
Corporation, dba Raisch Construction Co. , Douglas
E. Raisch, Chief Executive Officer; Joe T. Thomason,
President; Raymond L. Messa, Executive Vice- President;
Bryan A. Raisch, Secretary:.
(Describe)
Name' and Signature of Bidder o L -Ate
P nt or _TV06'Namejo
�(Signature)
DATE
Address (mailing & location) : O . 25::)X 4V,3
4r7
99 �u//dam[
Telephone Number : (�/pg ) zC5_//00
Acknowledge Addenda Received by Circling the Addendum Number
n . 1 2 3 4 5 6 7 8 9 10
Proposal, Page 11 of 12 .
I hereby certify that the above resolution y
19889 and Special Power of Attorney dated May Sated October ill
in full force and effect a.s of the /3 day of 19 9 , are still
194A
ecretary
I, the undersigned, Secretary of RAISCH ROADWAY IMPROVEMENT CO. , INC. ,
aCalifornia corporation, hereby certify that at the Annual Meeting of its
Board of Directors, held on September 28, 1988, the following resolution
was adopted:
RESOLVED: That this corporation shall do business as RAISCH
CONSTRUC=CO. for the purpose of contracting for and constructing
roadways and highways, and that any officer of this corporation is
authorized to execute contracts on its behalf.
I, the undersigned, Secretary of RAISCH ROADWAY IMPROVEMENT CO. , INC. ,
a California corporation, hereby certify that at a Special Meeting of the
Board of Directors of RAISCH ROADWAY IMPROVEMENT CO. , INC. , held on
April 26, 1989, the following officers were elected 'by the Board of
Directors for the fiscal year 1989-1990, to serve as such, commencing
April 26, 1989, until successor officers are duly selected.
DOUGLAS E. RAISCH Chairman of the Board, Chief Executive Officer
JOE T. THOMASON President
RAYMOND L. MESSA Executive Vice President and
Manager of Construction Operations
STEVEN W. GOSSETT Executive Vice President,
Manager of Products Division
BRYAN A. RAISCH Secretary and Legal Counsel
SUSAN A. SILVA Vice President
MICHAEL M. McHALE Treasurer, Vice President and Chief Financial
Officer
LEO J. CACITTI Vice President
RAISCH ROADWAY IMPROVEMENT CO. , INC.
BRY�". KATIZ5LH
, ecretary
i SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That RAISCH ROADWAY IMPROVEMENT CO. ,
INC. a corporation organized and existing under the laws of the State of
California , and having its principal office in San Jose, California, does
hereby constitute and appoint JOE T. THOMASON, DOUGLAS E. RAISCH, LEO J.
CACITTI , MARTIN M. McHALE, STEVEN W. GOSSETT and RAYMOND L. MESSA, its true
and lawful Attorneys-in-fact to sign, execute, seal , acknowledge and
deliver for, and on its behalf, and as its act and deed, at any place
within the United States , any and all bonds , recognizances , undertakings,
contracts or other writings obligatory in the nature thereof, any such
obligations within the United States, in any amount. Said corporation
hereby ratifies and confirms all and whatsoever said Attorneys-in-fact may
lawfully do in the premises by virtue of these presents.
This appointment is made under and by authority of the following
resolution passed by the Board of Directors of each of said corporations at
a meeting held at the principal office of said corporations a quorum being
present and voting, on the 11th day of October, 1988, which Resolution is
still in effect:
"RESOLVED, that the President or any Vice President, in conjunction with
the Secretary or any Assistant Secretary, be and they are hereby authorized
and empowered to appoint Attorneys-in-fact of the Corporation, in its name
and as its acts , to execute and acknowledge for and on its behalf any and
all bonds, recognizances , undertakings , contracts of indemnity or other
writings obligatory in the nature thereof, with power to attach thereto the
seal of the Corporation. Any such writings so executed by such Attorneys-
in-fact shall be as binding upon the Corporation as if they had been duly
executed and acknowledged by the regularly elected Officers of the Company
in their own proper persons."
IN WITNESS WHEREOF, said corporation has caused these presents to be
sealed with its corporate seal , duly attested by its President and its
Secretary, this 5th day of May, 1989.
t RAI H OADWAY IMPROVEMENT CO. , INC.
By
rest ent
By
BRYANH<, _eftretary
STATE OF CALIFORNIA ]
COUNTY OF SANTA CLARA ]
On this 5th day of May, 1989 , before me, came the above-named
President and Secretary of RAISCH ROADWAY IMPROVEMENT CO. , INC. , A
California corporation, to me personally known to be the individuals
and officers described herein, and acknowledged that the seals affixed
to the preceeding instrument are the corporation seals of said
corporations and that the said corporate seals and their signatures as
officers were duly affixed and subscribed to said instrument by the
authority and directions of said Corporations.
9 4 �QJI L- _ c
Notary Public
CFFICIALSEAL My Commission Expires August 20, 1990
KATHLEEN A McCAIG
NOTARY PUBLIC•CALIFORNIA
SANTA CLARA COUNTY
M,Cmw Lapin.AuO.30,1990
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND
SUBMITTED WITH BID
State of Californ'a ss.
County of .15C'1-4&A
being first duly sworn, deposes and
sa s . that he or she is - of (!S
the party making the foregoi g bid that the bid is not made in
the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation;
that the bid is genuine and not collusive or sham; that the
bidder has not directly or indirectly induced or solicited any
other bidder to .put in a false or sham bid, and has not directly
or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not, in any manner,
directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any
other bidder, or to fix any overhead, profit, or cost element of
the bid price, or of that of any other bidder, or to secure any
advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has
not, directly or indirectly, submitted his or her bid price or
any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay,
any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof
to effectuate a collusive or sham bid.
Name and Signature of Bidder:
nt)
(Signature)
Date:-alah e /3,
Proposal, Page 12 of 12
CITY OF CUPERTINO
INTERDEPARTMENTAL Date
July 21, 1989
To CITY CLERK From PUBLIC WORKS--SUMI
CI Information MESSAGE: STEVENS CREEK BLVD. IMPROVEMENTS, ORANGE TO PHAR LAP
r-1 Implement PROJECT 4022 (CC 7/5/89)
=1 Investigate
CI Discuss _ 1. Three sets of contract for processing
=1 See me 2. One each faithful Performance bond and labor and material
�I Reply bond. Reliance Insurance Company Bond No. B 1451272
3. Certificate of Insurance, 7/17/89.
sm
attach.
Reply:
Contractor: Raisch Roadway Improvement Co. , Inc
P.O. Box 643
SaLL juse, CA 95106
SIGNED: DATE
Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply
� IWei =I h SSUE DATE(MM/DD/YY)
• 2 11
7-17-89 kp
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
❑ Alexander & Alexander of California Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1530 Meridian
P.O. Box 5700
San Jose, California 95150-5700 COMPANIES AFFORDING COVERAGE
Telephone(408)264-6700
TWX 910-338-0239 COMPANY
Telex 408-264-2462 LETTER A ARGONAUT INSURANCE CO.
COMPANY B
INSURED LETTER
COMPANY C
RAISCH ROADWAY IMPROVEMENT CO. , INC. LETTER
A.J. RAISCH PAVING CO. , etal COMPANY
RAISCH CONSTRUCTION CO. LETTER
P.O. Box 729 COMPANY E
Mountain View, CA 94042 LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES. * The limits shown may have been reduced by paid losses.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
LTR DATE(MMIDDIYY) DATE(MM/OD/1'1')
GENERAL LIABILITY GENERAL AGGREGATE * $ 2 000
x COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE * $ 1 000
CLAIMS MADE FX�OCCURRENCE PERSONAL&ADVERTISING INJURY $ 1 000
A OWNER'S&CONTRACTORS PROTECTIVE LC76-485-002985 12-31-88 12-31-89 EACH OCCURRENCE $ 1 000
x Broad Form PD FIRE DAMAGE(ANY ONE FIRE) $ 50
x T„c1 XCU & R1 ;;nkp- Contractual MEDICAL EXPENSE(ANY ONE PERSON) $ 5
AUTOMOBILE LIABILITY
x ANY AUTO csR $ 1
ALL OWNED AUTOS
BODILY
SCHEDULED AUTOS INJURY $
(PER PERSON)
HIRED AUTOS INJURY
A x CA76-485-002987 12-31-88 12-31-89 INJURY $
NON-OWNED AUTOS �cc DEN
GARAGE LIABILITY PROPERTY
DAMAGE s
EXCESS LIABILITY EACH AGGREGATE
$ OCCURRENCE $
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS'COMPENSATION $ 1 00o, (EACH ACCIDENT)
AND $
A EMPLOYERS'LIABILITY WC76-485-002986 12-31-88 12-31-89 (DISEASE-POLICY LIMIT)
.$ (DISEASE-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
Stevens Creek Boulevard Improvements
Orange Avenue to Pharlap Drive
.Project 4022
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
PIRATION DATE THEREOF, THE ISSUING COMPANY WILLX 0RXKX
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF CUPERTINO LEFT, iil$ R� �TSk49
10300 Torre Avenue YL WV� 4c�:O91r >K �YPXKGM
Cupertino, CA 95014 AUTHORIZED R RESENTATIVE
F ain v
CL 245
(11-85)
POLICY NUMBER: LC76485002985 INSURED: RAISCH ROADWAY IMPROVEMENT CO. , INC.
COMPANY: ARGONAUT INSURANCE CO. EFFECTIVE: 7/5/89
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 09 11 85
ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS (Form A)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization (Additional Insured): Location of Covered Operations
CITY OF CUPERTINO, ITS OFFICERS AND EMPLOYEES STEVENS CREEK BOULEVARD
IMPROVEMENTS — ORANGE AVENUE TO
PHARLAP DRIVE—PROJECT 4022
Premium Basis Rates Advance Premium
Bodily Injury and (Per
Property Damage Liability Cost 51000 of cost) b
Total Advance Premium $ '
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
1. WHO IS AN INSURED (Section ll) is amended to (a) All work on the project (other than ser-
include as an insured the person or, organization vice,maintenance,or repairs)to be per-
(called '.'additional insured")shown in the Schedule formed by or on behalf of the additional
but only with respect to liability arising out of: insured(s)at the site of the covered op-
A. "Your work" for the additional insured(s) at the erations has been completed; or
location designated above, or (b) That portion of"your work"out of which
B. Acts or omissions of the additional insured(s) in the injury or damage arises has been
connection with their general supervision of put to its intended use by any person or
"your work"at the location shown in the Sched- organization other fhan another con-
ule. tractor or subcontractor engaged in per-
forming operations for a principal as a
2. With respect to the insurance afforded these addi- part of the same project.
tional insureds, the following additional provisions
apply: (3) "Bodily injury" or "property damage" aris-
A. None of the exclusions under Coverage A,except ing out of any act or omission of the addi-
exclusions(a), (d),(e),(f),(h2),(i)and(m),apply tional insured(s) or any of their employees,
other than the general supervision of work
to this insurance. performed for the additional insured(s) by
B. Additional Exclusions. This insurance does not you.
apply to:
(1) "Bodily injury" or "property damage" for (4) "Property damage" to:
which the additional insured(s) are obli- (a) Property owned, used or occupied by or
gated to pay damages by reason of the as- rented to the additional insured(s);
sumption of liability in a contract or agree- (b) Property in the care, custody,or control
ment. This exclusion does not apply to of the additional insured(s) or over
liability for damages that the additional in- which the additional insureds) are for
sured(s) would have in the absence of the any purpose exercising physical con-
contract or agreement. trol; or
(2) "Bodily injury"or"property damage"occur- (c) "Your work" for the additional in-
ring after: sured(s).
Copyright, Insurance Services office, Inc., 1984
BE 24
ENDORSEMENT
This endorsement, effective 12:01 a. M. July 5, 1989 , forms a part of
policy No. LC76485002985 issued to RAISCH ROADWAY IMPROVEMENT CO. , INC.
by ARGONAUT INSURANCE CO.
PRIMARY CLAUSE
IT IS AGREED THAT SUCH INSURANCE AFFORDED BY ADDITIONAL INSURED ENDORSEMENT FOR
CITY OF CUPERTINO SHALL APPLY AS PRIMARY INSURANCE THAT OTHER INSURANCE MAINTAINED
BY THE CITY SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER
THIS POLICY.
AS RESPECTS: STEVENS CREEK BOULEVARD IMPROVEMENTS
ORANGE AVENUE TO PHARLAP DRIVE
PROJECT 4022
f
lexander & A xander of California, Inc.
........ .. A .. .. .............
... . ..........
.{.n DPn.Pcn.. P live '
Sara Fountain
STATE OF CALIFORNIA On this...l"1. .. rday of.... !!i �Y.....................in the year
ss.
SK»TYi C��p12A.... .....................................I...........before me,
COUNTY OF............... �k c�wG t- I\A r-11 a L-E,,,..,..,a Notary Public,State of California,
........
duly licensed and sworn,personally appeared..................................
..........................................easeS .
personally known to me(or proved to me on the basis of satisfactory evidence)
{ y " to be the person who executed the within instrument as.1 1.t'L7.ECAc'7
MICHAEL WHALE or on behalf of the corporation therein named and acknowledged to me that
NOTARY PUBLIC CALIFORNIA such corporation executed the within instrument pursuant to its by-laws or a
g, SANTA CLARA COUNTY resolution of its board of directors.
1.1y Commission Expires Nov.23.1BH0
°
IN WITNESS WHEREOF I have hereunto set my hand and affixed
ct�Y o sb►s JoS- ....
my official seal in the........................... County of.......s certificate..
This cl cement is only a general form which may be proper for use in simple S, ►a?-Ys,, -L.!A!21�...�... ...,on the at set f h bove in this certificate.
transaraons and in no way acts.or is intended to act,as a substitute for the
advice of an attorney.The prirrtar does not make any warranty either express or implied as to the
legal validity of any provision or the suitability of these forms in any specific transaction. Notary Public, State of California
Cowdery's Form No.28—Acknowledgement to Notary Public— MW t Z3 lctcL c'
Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires
r
Bond # B 1451272
FAITHFUL PERFORMANCE BOND Premiums $6,345.
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, gATSCH gnAnWAY TMPgoy .MENT CO. . INC.
as Principal and RELIANCE INSURANCE COMPANY
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of Seven Hundred Six Thousand Nine Hundred Sixteen and 20/100 Dollars
($ 7®6@g16.20 ) lawful money of the United States, for the payment b
of which will and truly to e made, we bind ourselves, our heirs, executors,
successors and assigns, jointly and :severally, firmly by these presents.
" THE CONDITION of the above obligation is such that,
WHEREAS, the Principal has entered into a, contract dated July 5, 1989
i with the Obligee
to do and perform the following work to-wit:
Stevens Creek Boulevard. Improvements -
Orange Avenue to Pharlap Drive,
Project # 4022
• i
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 17th day of July 1989
STATE OF CALIFORNIA RAISCH ROAD Y IMPROVEMENT CO. ' INC.
SS.
County of Santa Clara
J 1 1 1 Daxx Es arza ., By:
on. '.3':: 7.,.. 9$.9.. ..before me, . �. ... .
Notary Public, State of California, duly commissioned and sworn, Prine'
personally appeared..Jody. ..A...........Johnson .. .personally known
to me to be the Attorney-in-Fact of the Corporate Surety that
i executed the within instrument, and known to me to be the person -RELIANCE INSURANCE COMPANY
1 who executed the said instrument on behalf of the Corporation
herein named and acknowledged to me that such Corporation Surety
executed the same.
IN WITNESS WHEREOF,) have hereunto set my hand and affixed7.
my official seal in the Count f Santa Clara,•,,, the day and
year In this certificateXfirsaove wr' At ney —Fact y • O nSOn
..................... .... ................... ° day of 19
AXX E/S. ZA
• � yrs::,w•
�` •�� ::fir d r.�.
PUBL,�,IC CALIF; : ,1TARY -C'tiL.rG"nN1A
si';i�J SP,P!'iA CL'RA C+)UN iY
t J:.
r�' Mq Cammission Ezpifes Dec. 11. 1992
LABOR AND MATERIAL BOND
Bond # B 1451272
Premium: included in
FP Bond.
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
RAISCH ROADWAY IMPROVEMENT CO. . 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 RELIANCE 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 Seven Hundred Six Thousand Nine Hundred Sixteen
and20/100-------------------------------------------------------------------
($ 706,916.20 ) .
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....�.`!..' .....day of..... !�.��......................in the year
L L Iate A ss. VII .................before me,
.....................................................
COUNTY OF?.� .•....••••••••••• M�U�da��- 4W r-�N-L-E..............a Notary Public,State of California,
,. duly licensed and sworn,personally appeared..................................
\ZAyJ�A.o tAb...1.....�Aka`5Sn .........................................
personally known to me(or proved to me on the basis of satisfactory evidence)
MICHAEL McNALE to be the person who executed the within instrument as ATi�oCz�at?y- cu-1=A.cT
q = NOTARY PUBLIC-CALIFORNIA
o SANTA CLARA COUNTY or on behalf of the corporation therein named and acknowledged to me that
r� My Commission Expires Nov.23,1990 such corporation executed the within instrument pursuant to its by-laws or a
l�OR+ resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the G 1ZY o S d�.� J o 3�.County of.. ? ........
G� ACZit�
This document is Dna a general fano Much mar be proper for use in simple ........................ ..., n the e fol ab ve in this certificate.
transactions and in no way acts,or is mended to act,as a substitute for the
-advice of an atta ney.The printer does not make any warranty either express or implied as to the
oaf validity of any provision or the suitability of these forms in any specific transaction. Notary Public, State of California
Cowdery's Form No.28—Acknowledgement to Notary Public— 1`C� �44�
Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires t—
Labor and Material Bond Page 2
f/
Aid 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
Jaccompanying the same shall in any wise affect its obligations on this bond,
and its does hereby. waive notice of any such change, extension of time, alter—
/atior}� 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 b`� the .
Principal and Surety this 17th day of July 19 8°'
/ RAISCH RO W IMPROV MENT CO., I�
Ey:
-- Pri cipa
STATE OF CALIFORNIA
SS. RELIANCE INSURANCE COMPANY
County of Santa Clara
On July 17, 1989 ,before me, Daxx Es�arza ... Surety
Notary.Public, State of California, duly commissioned and sworn,
personally appeared. Jody A. Johnson.....personally known
... .
to me to be the Attorney-in-Fact of the Corporate Surety that
executed the within instrument, and known to me to be the person By:
who executed the said instrument on behalf of the Corporation Attor i — act .�® y A. .06"9615®t1
herein named and acknowledged to me that such Corporation Y—
executed the same.
IN WITNESS WHEREOF, I have here nto set my hand and affixed
my official seal in the County of S a Cldr ,, the day and
year In this certificate first abo ritten.
I�
.. bed this day of
SAX; ?A: ZA
";OIARY i'+ L,LI,V LIFORNIA
SAMA CLARH. CCU
�F•
fiq Goi mussion Expires Dec. 11, 1992 !
411iG UN /
6/17/85
0 . RELIANCE IWSURAIVCE COMPANY
HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY,a corporation duly organized under the laws of the State of
Pennsylvania,does hereby make,constitute and appoint
JODY A. JOHNSON of SAN JOSE, CALIFORNIA ----------------
its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ----------------
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings end of er'writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other
of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became
effective September 7, 1978,which provisions are now in full force and effect,reading as follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to (a)appoint Attorneys-in-Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and (b)
to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute
and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds;recognizances,contracts of indem-
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and
to copies of the By-Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by. facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June,1979,at which a quorum was present,and said Resolution has not been
amended or repealed:
"Resolved,that the signatures of such directors and officers andthe seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the:Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President,and itscorporate seal to
be hereto affixed,this 27th day of September 19 88
RELIANCE INSURANCE COMPANY
Vice President
STATE OF Washington
COUNTY OF King
On this 27th day of September 19 88personally appeared Lawrence W. CaopR Y
to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, and acknowledged that he a ut art, tell-Or ing
instrument and affixed the seal of said corporation thereto,and that Article VII,Section 1, 2, and 3 of the By-La oo(m�gany afv���btte u-
tion,set forth therein,are still in full force. ��O �11AR/ '`r=
My Commission Expires: + L
• 19 90
May 15 Notary Public in and for Stat oty�'yias��f,��o
Residing at Tacoma
O,P •••••••'
WASN�
John E. Vance Assistant Secretary of the RELIANCE INSURANCE COMPANY,do he, the above
and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY,which is sii�I in full force and
effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company this 17th day of .JUly 19 .
t
Assistant Secretary
hn E. ance
l TRUE.LIANC,IM INSURANCE 4=0M1P-AZTY
f HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
Bond No. REL(9)
BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A.DOCUMENT NO.A-310(FEB. 1970 ED.)
KNOW ALL MEN BY THESE PRESENTS, that we Raisch Construction Co.
as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of
Philadelphia,Pennsylvania,a corporation duly organized under the laws of the State of Pennsylvania,
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Cupertino
as Obligee, hereinafter called the Obligee, in the sum of Ten Percent (10%) of the Total Amount Bid---
Dollars I$ --------10%---------- ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
Stevens Creek Boulevard Improvements
Orange Avenue to Pharlap Drive, Project 4022
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material fur-
nished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the Denalty_hereof_ between the_amaunt_,mecified in said bid and such larger amount for which the
STATE OF CALIFORNIA t to perform the Work covered by said bid,
SS. remain in full force and effect.
county of Santa Clara
On.June 13,, 1989 ,before me, Earla J;,Magner, ,,, . f June A.D. 19 89
Notary Publlc,•State of•California, duly commissioned and sworn,
JOdY...A ...Johnson•••• personally known
personally appeared...... :
to me to be the Attorney-in-Fact of the Corporate Surety that nisch ConstOn CO.
executed the within instrument, and known to me to be the person ( cipal) IS®.II
who executed the said instrument on behalf of the Corporation
herein named and acknowledged to me that such Corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed ) If _
o/�} •C• ����J� /dor "! t"�
my official seal in the County ••• the day and J
year in this certificate first above written.
LIANCE INSURANCE COMPANY
EARLA J. WAGNER
fr P9
= NOTARY PUBLIC-CALIFORNIA
' ;tiff �Y SANTA CLARA COUNTY ,
My Commission Expires Oct.29,1990
\rs%- fod A J non, At .o ney—in—Fact
RELIANCE INSURANCE COMPANY
s HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA
: POWER OF /ATTORNEY
KAJJW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY,a corporation duly organized underthe laws of the State of
Pbnnsylvania,does hereby make,constitute and appoint
JODY A. JOHNSON of SAN JOSE, CALIFORNIA ----------------
its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ----------------
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and of er writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other
of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became
effective September 7, 1978,which provisions are now in full force and effect,reading as follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute
on behalf of the Company,bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and (b)
to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute
and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem-
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and
to copies of the By-Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting hold on the 5th day of June,1979,at which a quorum was present,and said Resolution has not been
amended or repealed:
"Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding.upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate seal to
be hereto affixed,this 27th day of September 19 88
RELIANCE INSURANCE COMPANY
Vice President
STATE OF Washington
COUNTY OF King
On this 27th day of September , 19 88personally appeared Lawrence W. Ca OR Y /'
to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY,and acknowledged that he e utateOe,�r ing
instrument and affixed the seal of said corporation thereto, and that Article VII,Section 1, 2, and 3 of the By-La o�salO omp_any ar&cLtjt��e u.
tion,set forth therein,are still in full force. (11�TARY
My Commission Expires: L
May 15 . 19 90 Notary Public in and for Stat o1P-1 y�aS4In%po
Residing at Tacoma F •'• •••••••':�
OF�WA5
' John E., Vance Assistant Secretary of the RELIANCE INSURANCE COMPANY,do he the above
and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE iNSURANCE COMPANY,which is sti I in full force and
NlOct.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company this 13th day of June 19 89L
Assistant Secretary
ehE. ance