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90-015 George Bianchi Construction, Reconstruction of Curbs, Gutters and Sidewalks, Project No. 90-102
CONTRACT FOR PUBLIC WORKS CONTRACT made on April 16, 1990 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and GEORGE BIANCHI CONSTRUCTION, 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 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS, PROJECT 90-102 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 Reconstruction of curbs, gutters, sidewalks 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, Curbs, Gutters, Sidewalks Project 90-102. • • Page 1 and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr . Bert J . Viskovich, Director of Public Works . 3 . CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of : ONE HUNDRED SIXTY THREE THOUSAND ONE HUNDRED NINETY SIX DOLLARS AND 34/100 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 agree. • 10 . TIME FOR COMPLETION. All work under this Contract shall be completed: JULY 1, 1990 If the Contractor shall be delayed in the work by the acts or. neglect of the city, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor' s control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. Page 3 11. INSPECTION AND TESTING •OF MATERIALS . The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. if the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and 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 21 of this Contract until the final . completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims . With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to substitute securities 'as provided in Section 4590 of the_ California Government Code as more fully described in the City' s Notice to Contractors . • Page 4 • 14 . NOTICE• AND SERVICE THEREOF.. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such• notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails , enclosed in a sealed envelope, addressed to said Contractor at: 775-A MABURY, RD. • SAN JOSE, CA 95133 postage, prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15 . ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16 . COMPLIANCE WITH SPECIFICATIONS OF MATERIALS . Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY . The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100% ) of the contract price as security for the faithful performance of this Contract. ' The Contractor shall also furnish a separate surety bond• in an amount at least equal to one hundred percent (100% ) of the contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney' s fee to be fixed by the court in case suit• is brought upon the bond . • Page 5 18 . INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract, until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor' s coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this ' Contract shall also contain an endorsement providing that thirty (30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORKER' S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take :ut and maintain during the life of this Contract Worker's Compensation Insurance and Employer' s Liability Insurance for all of his employees employed at the site of the project and,in . case any work i3 sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code ' which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply • With such provisions before commencing the performance of the • work of this contract."' (b) LIABILITY INSURANCE. The Contractor shall take out and • maintain during the life of this Contract such Bodily Injury • Liability and Property Damage Liability Insurance as shall • protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the. Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do ' with blasting, collapse, and underground property damage) , which may arise from Contractor' s operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: • Bodily Injury Liability Insurance in an amount not less than $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 • Property Damage Liability Insurance in an amount not less than $250 ,000 .00 . The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 19 . HOLD HARMLESS . The Contractor will save, keep, and hold harmless the City and all officers, employees, and agents thereof from all damages , costs, or expenses, in law or in equity, that may at anytime arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in, on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20 . HOURS OF WORK. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be- required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, 'work performed by employees of contractors in • excess of eight hours per day and forty hours during any one week • shall be permitted upon public work Upon compensation for all hours one-half mes worked in excess of eight hours per day at not less than one and of y. It is further exessl stipulated ti that tfor he beach and asic eeveryavviolation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25 .00 ) for• each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. • Page 7 The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar y and each calendar week by all laborers, workmen, and mechanics dmployed by him in connection with the work contemplated by this Contract, which record . shall be open at all reasonable hours to the inspection of the City of its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21 . WAGE RATES . Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman , or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof . Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by. him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis : (1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in • subdivision (a) shall be made available for inspection or • 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. Page 8 • 6 abed • • •paaa;sTbaz sT am 4f 4M 0; topaz; ao ;;ezo ay; go vont ay; ;e ATuo padoTdwa aq ways pus 'padoTdwa sT ay 4oTgm ;v apex; zo ;;eao ay; go suoT;eTnbaz ay; .apun sao1;uaaddv o; PTed ahem pzepuf s ay; pTed eq• TTeys aoT;uazdde mons Axang • 'NIOM oTTgnd uodn seoT;ueadde paza;sTbaz ATzadoxd go ;uawdoTdwa ay; ;uanaxd TTeys za;demo 5Ty; uT buTy;o S'SLLT ' f66LT ' 4D 'BL6T 's;e;S Aq PaPPi) 'uoT;oas sTy; Aq parTnbax spzooaz ;o seTdoo buTonpoxdaz .a; pabxeyo aq o; sea; aTgeuoseaa go ;71a124STTge12a ay; buTpnTouT 'spzooaz mons go aseaTaa ay; buTuzanob ( •3 • AT3 ' E 'nTa ' b ';d (66LT •oas y;TM buTouawwoo) B•T eT;Ty) '1L6T 3o ;oy aaoT;ovad uoT;vwzo;ul ay; pus ( '4) 'nos • T aT;Ty ' L Ta Jo (OSZ9 uoT;otos y;TM buTouawwoo) S• E '40) 'golf spxooag oTTgnd eTuao3TTVJ ay; 4;TM ;ua;stsuoo sepia ;dope TTeys xo;oalTp ayy (y). 'zo;ovx;uoo eWTId eq; uo uoT;oas rim; 44TH aoueTTdwoo Jo; A:TTTgTsuodsaa ay; xT; TTeys .suoT;eTndT;s mons •uoT;otos sTy; a;en;oag;a o; suoT;eTndT;s ;oex;uoa ay; uT pa;zasuT eq o; asneo TTeys ;osx;uoo ay; buTpxtMe Apoq ay/ (5) • enp uay; s;uawAed ssaaboxd wox; pTayy;TM eq TTeys saT;Tvuad mons ';uawaozo;ua sprepue;s xoge7 go uoTsTATO ay; xo spzepue;s dTgsaon uazddy ;o uoTsTATO ay; go ;sanbaa ay; uodn •pa;en;oa;;a sT eouvTTdwoo ;oTz;s TT;un 'xaNzoM [(ova too; 'goo/ay; uoT;zod zo Avp xvpuaTeo yova xo; ( 00-Sts) axsTTop anT;-A;uae; ;Ta;xo; 'pap.emv JO apvw sT ;3ex;uoo ay; ;Teyaq asoyM uo uoTsTnTpgns TEOT4TTod go a;v;G a44 o; • A;Tvuad a se 'TTeye zo;opz;uoJ a4; poTzad Avp ( OT) up; mons za;;e ;uapTaa eq TTT;s aoasTTdwoouou pTno4s •uoT;otos sT44 4;TM ATdwoo ;snw zo;oex;uo0 mons s;3adsaz ;slim uT .buTA;Toads aoT;oo ua;;TJM go 4dTaoe2 o; ;uenbasgns ATdwoo o; yoTym uT sAap ( OT) ua; 8ne4 TTsys zo;oex;uo0 ay; 'uoT;oas 5Tq; go S;uewaJTnbaa ay; y;TM aoueTTdwoouou go ;uana ay; uI (;) •ssazpps pup uoT;vooT ;o abueyo a ;o aoT;ou v epTnoad 'sAep bupp oM anT3 uT4;T� 'TTeys pus A;unoo pup A;To 'ssexppe ;aax;s ay; buTpnTouT ' (e) uoTsTnTpgns aapun pa;paawnue spaooaa ay; go uoT;eooT ay; 3o ;3e3;U00 ay; buTpaeme Apoq ay; uuogu1 TTeys zo;oex;uop ay' ( a) •paieJa;TTgo zo pa){xvm eq ;ou TTeys ;oez;uoo ay; bUTwaogzad zo ;ova;uoo ay; papxnne too;oez;uop ay; go ssaappe pus amen ay/ •Iegwnu A;Tanoas TEToos pue esaappe 'aweu s , TenpT°TPUT UP go elnsoTosTp ;uanaad o; se zauusm a . mons uT pa;eza;TTgo ao pexavw eq Heys ;uawaoao;u3 spzspue;s aoge'] go uoTsTATO ay; 20 spzvpuv;S dT4sazT;ua3ddy ;o uoTBT^TO a44 'sPTq 6uTpxeMs ay; Aq Aouabe oTTqnd Aue too oTTgnd ay; o; ;sanbaa uodn paysTuzn3 pue saTdoo se uoT;oadsuT ao3 aTgaTTene spew spaooaa go Adoo Auy (p) • • • Only apprentices , as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070) , Division 3, of the Labor Code, are eligible to be employed on public works . The employment and trainingof each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any• apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section . There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards . The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be lees 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 ) working 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 ( 5 ) working days . • • Page 10 • • • "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion .to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are meti (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b ) In the event the number of apprentices in training in such area exceeds a ratio of 1-to-5, or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis . (d) If assignment of an apprentice to any work performed under a public works contract would create a condition which would 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 represents contractors nin arspecific e etrade from thed to an a 1i tot5oratiohion a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or any subcontractor under him, who, in performing any of the work, under the contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is 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 Labot Standards Enforcement is authorized to enforce the payment of. such contributions to the fund or funds as set forth in Section 227. ' • Page 11 • • ' The body awarding the contract shall cause to be inserted in the • contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for .all apprenticeable occupations with the prime contractor. All decisions of . the joint apprenticeship committee under this section are subject to the provisions of Section 3081. . (Amended by Stats. 1976, Ch. 1179) 1777 .6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by • • Stat. 1976, Ch. 1179) 1777.7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777.5, such contractor shall: (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50 .00 ) for each calendar day of noncompliance. NothWithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract progress payments then due or to become due such sum. (b ) Any ' such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable .notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. _ (c) Any funds withheld by the awarding body pursuant to this §ection shall be deposited in the general fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the state. The interpretation and enforcement of Sections 1777.5 and 1777 .7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats, 1978 , Ch . 1249) It shall be mandatory upon the Contractor,, and upon any .subcontractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. It is further expressly stipulated that the. Contractor shall, as a penalty to the City, forfeit twenty-five dollar ($25 .00 ) for each calendar day, or portion thereof, for ' : dach labotery workman, or mechanic paid less than the stipulated _`;r; ptafli•ling rates for any work done under this contract by him or by : any4dbcontractor Under work done under this contract by him or by t • :: Shy subcontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. Page 12 • In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or . occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the ' Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed . Machinery, equipment, and other hazards shall be guardedor eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23 . PAYMENT. 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 (10% ) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City' s representative shall, before the last Tuesday of each . month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of ' completion. In event of the failure of the City' s representative to furnish and deliver said certificates or any of them or in lieu Page 13 • thereof, the writing aforesaid, within ten (10 ) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten ( 10) days thereafter, the same shall become due and payable. In case the City' s representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said wr.i.ting' 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 bide. 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 • p€rforming the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, - the service laterals as hereinabove described, he shall immediately notify the City in writing. • 25. CONTRACTOR' S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance, premium is a separate bid item, • obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster, or state of emergency by the Governor of the State of California or by the President of the United States, ' or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or 'state of emergency having . occurred in a populated area. Subject to the foregoing, the City shall not, , in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part• thereof, or in, Page 14 • on', or about the same during its construction and • before acceptance. 26 . CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (l) year of the date of acceptance of completion of this Contract by the City, the Contractor will forthwith remedy such defects without coat to the City. 27. LIQUIDATED DAMAGES. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of ONE HUNDRED FIFTY DOLLARS ($150.00) for each calender day. for each and every working day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his 'assigns and successors at the time of completion, and his sureties Shall be liable to the City any excess. -2B. • ADDITIONAL PROVISIONS. None • • • • Page 15 • CORPORATE ACKNOWLEDGMENT State of California On this the 20 day of April 1990 , before me } County of Santa Clara Patricia Golden the undersigned Notary Public, personally appeared George J. Bianchi, Jr. x PERSONALLY KNOWN TO ME OFFICIAL;Eq�. Proved to me on the basis of satisfactory evidence NOTARY pUGLIC-CALIFORNIA I PATRUCLGOLDEN to be the person(s) who executed the within SANTO CLARA COUNTY I instrument a4eestdemk or on behalf of the MY.COM+I. DM. UT. 13,1993! corporation ther' named, and acknowledged to me that the corp ati n executed it WITNESS my nd a d official s:al. Notary's Sig ature " - '' 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 Mayori\ �/ de City Attorney City Clerk: // Date/City Clerks rr CONTRACTOR: _ t> . t. By: George Bianchi, Jr:/President Notary acknowledgment required. If a corporation, corporate seal and corporate notary • acknowledgment required. Project, Name and Numbers RECONSTRUCTION CURBS, GUTTERS.AND SIDEWALKS PROJECT 90-102 Contractors Name: GEORGE BIANCHI, CONSTRUCTION, INC. 775-A MAABURY RD. SAN JOSE, CA 95133 Contract Amounts ONE HUNDRED SIXTY THREE THOUSAND ONE HUNDRED NINETY SIX DOLLARS AND 34/100 ($163,196.34) • COntraot. Account Number:• 110-989-720 • Page 16 A 4A • 1990 CAPITAL IMPROVEMENT PAYMENT SCHEDULE QUANTITIES CUT OFF DATE CHECK RELEASE DATE FRIDAY 5 : 00 PM FRIDAY JANUARY 12 JANUARY 26 FEBRUARY 9 FEBRUARY 23 MARCH 9 MARCH 23 APRIL 6 APRIL 20 MAY 4 MAY 18 JUNE 1 JUNE 15 JUNE 29 JULY 13 JULY 27 AUGUST 10 AUGUST 24 SEPTEMBER 7 SEPTEMBER 21 OCTOBER 5 OCTOBER 19 NOVEMBER 2 NOVEMBER 16 NOVEMBER 30 DECEMBER 14 DECEMBER 28 GURPVRAI C - LCl/Ymcn I - 1✓ - .! .- 11 State of California On this the 20tklay of April 19 90,before me, \ County ot Santa Clara SS. Patricia Golden the undersigned Notary Public,personally appeared 1 George Bianchi , Jr. b j personally known to me . , 1: proved to me on the basis of satisfactory evidence • to be the erson(s who executed the within instrument as t � OFIC IAL GOLDEN , President or on behalf of the corporation therein . �a - PATRICIA re NOTARY PUBLIC-CALIFORNIA 1 named,and acknowledged to hat the corpo . on exec ted it. SANTA CLARA COUNTY ; WITNESS my hand an,P . f MY coMM. EXP. OCT. 13,1990 \ Notary's Signature ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document 1l) THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above ,•..„ —� c, NATIONAL NOTARY ASso ATION•836 Rennet Ave.•P.O.Bar 7184•Canoga Park CA 913047184 ATTORNEY-IN-FACT ACKNOWLEDGMENT NU.ZU4 ",IIJlIJJJJJJJJJJJJJJJJJJ,/JJJIIJJJJIl./JJJJJJJJJJJJJJJJJJJJJIJJlI./JJIJJIIJJJIJJJJJJJlJJJJJJJIJJ'8 State of California On this the 20th day of April 90 19 Santa Cl and 1 ss. before me,the undersigned Notary Public,personally appeared • County of - - -- Patricia Go l den (name of attorney in fact), ti 9 personally known to me ti 0 proved to me on the basis of satisfactory evidence q to be the person whose name is subscribed to the within instrument as attorney . . in fact of St. Paul Guardian Insurance Company (name of OFFICIAL person not appearing before Notary),the principal,and acknowledged to me �y_+� OFFICIAL SEAL PP g p p g t �I/+J`t' MARLA RAF HLSTAND that she (he/she)subscribed the principal's name thereto and leaf NOTARY Poi IC CALIFORNIA her _ (his/her)own name as attorney in fact.''+vr•.%T - comm.Exp m:SeptScpl 21,1990 W TmN/ESU�S myQQhand and offi/c�iahseal. ( 1 THIS CERTIFICATE Notary's Signature ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another documenL Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above11S\t: 3 Bond No. 400HZ 3502 Premium: $2,132.00 • FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, GEORGE BIANCHI CONSTRUCTION, INC. as Principal and St. Paul Guardian Insurance Company as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of One Hundred Sixty Three Thousand One Hundred Ninety Six and 34/ tis ($ 163,196.34 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated April 16, 1990 with the Obligee . to do and perform the following work to-wit: Reconstruction of Curbs, Gutters and Sidewalks , Project 90-102 • • 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 mecuted by the Principal • and Surety this 20th day of April 19_- (To be signed by Principal and Surety and acknowledgment.) George Bian, Construction, Inc. Principal , St Paul Giardian Insurance Company , Suret By: 400._ Attorney-in-Fact Pa icia Golden The above bond isaccepted and approved this day of , 19 • LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and GEORGE BIANCHI CONSTRUCTION, INC. hereinafter designated as "Principal" have enteredinto 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 St. Paul Guardian 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 One Hundred Sixty Three Thousand One Hundred Ninety Six and 34/100ths ($ 163,196.34 ) . 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. a.vnrvnnI m Iwr amcn I nu.au rrrxxr ' 0 State of California On this the 20thday of April 190 ,before me, S t Santa Clara PatriciaISS• Golden 0 County of the undersigned Notary Public,personally appeared 0George Bianchi , Jr. o o 12 personally known to me ❑ proved to me on the basis of satisfactory evidence tito be the person(s)who executed the within instrument as President or on behalf of the corporation therein 1( O FFICIALSEAL 1 t `�" PATRICIA GOLDEN named,and acknowledge. • m.that the corporal xecuted it. 1 NOTARY PUBLIC-CALIFORNIA 0 SANTA CLARA COUNTY WITNESS my len. an. •fficial -al. 0 % _MY COMM. EXP. OCT. 13,1990 n^ • 0 Notary's Signature 1 ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document. Title or Type of Document h THIS CERTIFICATE MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above S V 1 nn_n1 n © NARONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Park,CA 91304-7184 ATTORNEY-IN-FACT ACKNOWLEDGMENT NO.204 `p/IIJIJY _ _ _ -/ 4 - State of California On this the 20th day of April 90 19 before me,the undersigned Notary Public,personally appeared _ L County of Santa Clara ss. Patricia Golden (name of attorney in fact), Ex personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as attorney a S in fact of St. Paul Guardian Insurance Company (name of -� r."1.6.5.,. - ^ OFFICIAL SEAL person not appearing before Notary),the principal,and acknowledged to me MARIA RAE HESTAND that she (he/she)subscribed the principal's name thereto and _s '.`�rs,prirAs-r'♦ NOTARY PUBLIC-CAUFORNIA her (his/her)own name as attorney in fact. 1 `Y SACRAMENTO COUNTY ,—.3.'7'; ' WITNESS myhand and official seal. ��f{��/ 11 My Comm Expires Sepl.21,1990 //�� eat ,1 LIT Okla-) I r, I 1.1s �.L S\ Notary's Signature . ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document tiTitle or Type of Document kiti THIS CERTIFICATE MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above 1 . 1 Labor and Material Bond Page, 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or- to the work to be performed thereunder or the- specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter— ation or addition to the terms of the contract or to the work or to the speci— fications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 20th day of April - , 19 90 George Sianch' Construction, Inc. (To be signed by Principal Principal and Surety. Notary acknowledgments required.) St. Paul Guardian Insurance Company Surety By: !f/ � C/ Lr010ic Attorney-in-FactPat air Gol den The above bond is accepted and approved this day of • , 19 6/17/85 , amaw ST.PAUL GUARDIAN INSURANCE COMPANY CERTIFICATE OF pitoctsfewatay - 385 Washington Street, St. Paul,Minnesota 55102 AUTHORITY NO. . ' - ' For verification of the authenticity of this Power of Attorney,you may telephone toll free 1-800-328-2189 and ask for -- --- -- _ ..- ..- - - - . ' r the Power of Attorney Clerk.Please refer to the Certificate of Authority No.and the named individual(s). • .- . , - - -••-.-•. ..- • GENERAL POWER OF ATTORNEY-CERTIFIED COPY 0 027551 (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS:That St.Paul Guardian Insurance Company,a corporation organized and existing under the laws of the State of Minnesota,having its principal office in the City of St.Paul,Minnesota,does hereby constitute and appoint: Patricia Golden, Rodney J. Taylor , Carol Smith, " _ - Arthur C . Adams , individually , San Jose , California its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contractor otherwise, NOT TO EXCEED IN PENALTY THE SUM OF FIVE MILLION ( $5 , 000 , 000 ) EACH and the execution of all such instrument(s)in pursuance of these presents,shall be as binding upon said St.Paul Guardian Insurance Company,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. . This Power of Attorney is executed,and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws adopted by the Board of Directors of ST.GUARDIAN INSURANCE COMPANY at a meeting called and held on the 30th day of September, 1980,which the following is a true transcript of said Section 6(C): "The President or any Vice President,Assistant Vice President,Secretary or Resident Secretary shall have power and authority (1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and (2) To appoint special Attorneys-in-fact,who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Company,and (3) To remove,at any time,any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 23rd day of September, 1987,of which the following is a true excerpt: "Now therefore the signatures of such 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 TESTIMONY WHEREOF,St.Paul Guardian Insurance Company has caused this instrument to be signed and its corporate seal -t- y, - NSG,k to be affixed by its authorized officer,this 1st day of December,A.D. 1987. f'moevoR,t�e cs,t ST.GUARDIAN INSURANCE COMPANY tot "' i rn. STATE OF MINNESOTA) '--I. S E A L Ic% County of Ramsey 1I ss. yty IS...ji,t Vice President • On this 10th day of October , 19 8 8,before me came the individual who executed the preceding instrument,to me personally known,and,being by me duly sworn,said that he/she is the therein described and authorized officer of St.Paul Guardian Insurance Company;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. � /\I d, IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the city of St.Paul,Minnesota,the day �yO,(,P r,.F F9 and year first above written. se. rC0011d MARY C.STEMPER,Notary Public,Ramsey County,MN My Commission Expires November I, 1990 CERTIFICATION 1,the undersigned officer of St.Paul Guardian Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. -"..SEiiii ilL/a IN TESTIMONY WHEREOF,I have hereunto set my hand this _/� '�1� �t SEItL!oi (1/Q . rr /4172��- Secretary ti� :i T..0.-- -- - day of , 19 Only a certified copy of Power of Attorney bearing the Certificate of Authority No.printed in red on the upper right corner is binding.Photocopies,carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 99116 Rev.8-88 Printed in U.S.A. , a -41a r' `� 5 ' ,1aM „tr 9. 4 :2 ems : .., �. .=_s, <.. � �® i �/�!�_ '� ISSUE DATE MM/DDN l ACINtioe CERiIFI€A EI„OF INSU ANCE J T"�` is _.. » asERs.:r:. ~_ •�„`". ! ;Y°`w;,,�°s';�«,:r' .e�,."taa;Sts?`4ttas '1�,".�wk`,»tsa$.<.r. .,, ,> [1 4/170/90 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, J. F. ARENTS AND COMPANY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 520 S. El Camino Real, #342 COMPANIES AFFORDING COVERAGE San Mateo, CA 94402 (415) #342-3095 COMPANY CODE415) #342-8789 sUIDC'6DE LETTER DE NORTHBROOK PROPERTY €c CASUALTY COMPANY B INSURED LETTER RIORTHRROOK PROPERTY Ri- CASUAL TY COMPANY r. C GEORGE BIANCHI CONSTRUCTION LETTER NORIHRROOK_2ROPERTY &_CASUALTY 775A Mab ury Road COMPANY D n San Jose CA 95133 LET ER NORIHBROOK PROPERTY °SASUALTY COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE 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 CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE (POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DDNY) DATE(MM/DDNY) A GENERAL LIABILITY 90BPP0810261 10/04/89 10/04/90 GENERAL AGGREGATE $ I400 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1 000 CLAIMS MADE OCCUR. PERSONAL&ADVERTISING INJURY $ 1000 X_OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ L0_00 FIRE DAMAGE(Any one fire) $ 50 MEDICAL EXPENSE(Any one person) $ 5 B AUTOMOBILE LIABILITY 90CAO81026210/04/89 10/04/90 SINGLE $ __L.ANY AUTO LIMIT L000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ x- NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE C EXCESS LIABILITY 90UELOS16377 10/04/89 10/04/90, EACH AGGREGATE UMBRELLA FORM $ 1000 $ 1000 OTHER THAN UMBRELLA FORM D WORKER'S COMPENSATION 90WC815475 10/04/89 10/04/90 STATUTORY $ 1 cc (EACH ACCIDENT) AND $ 500 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ 100 (DISEASE—EACH EMPLOYEE) OTHER THE CITY OF CUPERTINO, ITS FFICERS ND EMPLOYEES ADDITIONAL INSUREDS i4ITH RESPECT TO WO K PERFOR ED BY GEORGE BIANCHI CONS_T_RUaliON,__INC ON PRQJF .T• 90—s 2 (RFCONSTRUCTION OF DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS CURBS, GUTTERS & SIDEWALKS ) PER ATTACHED ENDORSEMENT CO2010. THIS INSURANCE IS PRIMARY PER ATTACHED ENDORSEMENT CO2010. ,CERTIFICATE"tpD,tpERm;. ,:, crd2z `< "r z `i2 rtkpa""'CANCELLkAI,TION x„„yn ery,35a;i,ti„ `�',, � wg','�;s a�..w=zist t SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE v, EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL X XLXQ(rx XXX X{X CITY OF CUPERTINO ii MAIL 2Q' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 10300 TORRE AVENUE =TM LEFT, Mg-0 4AILL X}00CIHXII(Xs)L�i�`YIX'YCWYCIEX `NrKLc�ri CffiPS12ICUMI( IG6PtXXX) CUPERTINO, CALIF. 95014 ?XEIX�IKIM>`C14DCM44)16)010%xix?C��X9CX iPsxuax a13 a xxxxX A T TN CARMEN LYNAUGH AUTHORIZED REPRESENTATTIIV/E�///�� (.� . aACORD:ICORp„ORATIO^ /� • .1• • S ••• Er ,'„1. ' 8. ,• •.5 . • . • ? '. • . . ? 6 - 4 - • • ' e• • .. . c . : ',.'• t•••• • .. “.• • •• .....•.4- ' • •• ; . . • • • ••• 1 • ••. . • • . • E.. „t•,.••. • • , ,.. i• • •• • • ,,Y.....•;', • . : . ' •. . • ! ' • • • • • - • . • CUM 1:).Y“--.•L •:- • . • - - • •" ' " . (1145) •-„,,,I.;..-t -,..,-..i .. . POLICY NUMBER: .90BPP081061. George• Bianchi 'Construction, Inc: . , f....• :1 . • MIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. • • : ' :7,„:1,1!II,. . • CO 20 10 11 85 • ADDITIONAL INSURED--OWNERS, LESSEES OR CONTRACTORS (FORM B) cf.:. a: ,...... This endorsement Modifies Insurance provided under the followings 1 . : • 'ilg• COMMERCIAL GENERAL.LIABILITY COVERAGE PART - ' 4 • SCHEDULE • • . ' : e•i• .. , ,• . Kole If Parson or Organisations ' .I‘ii-•., IFpVii,11 Th d City of Cupertino, its officers and employees ' ' ''•-• •••;.••••fiat.J.1•-• '.•.; .. , ;",.• 10300 Torre Avenue , • ..i..i.,4,-, • . .• '''...; ..Cupertino, California 95014 • ' • • • • \• ;•,. . •.,,,, • .. , . „ • . . . . . . , . .. • . . . ' • ' ••'' ';, , - ,.• -•,..-.: (If no entry appears above, Information required to CoMptete this endorsiment will be shown In the Declarations et . .,:t.•• applicable to this endorsement.) : • . . . • • .• ..- . '.• • I: WHO IS AN INSURED (Section II) Is amended to Include as an insured the person or organization shown in tha ::-.: .; •• ! . Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. . ••- •Yr.- . . ." • . • Re: , With respect to work performed by George Bianchi Construction, Inc. on Project. #90-102 . Reconstruction of Curbs, Gutters & Sidewalks 5: •‘,1 ?: •-. . . .. . • ''• • try, 1; ••.::-.1' :•,-.. It is further agreed that such insurance as is afforded by this policy for the : '• 0.c) i:•,-.'''•• H benefit of the above additional insured shall be primary insurance .as respects - : .. • •"."-• ,..,:y•:•-• :-' - • :',.: - any claim, loss or liability arising out.of the named intured's operations, and .1,'•,,. :1 ; ,,jy; any other insurance maintained by the additional insured shall be excess and .. .. ; HI"... -,•••• . , non-contributory with the• insurance provided hereunder. . : l'., :-... -.•?-,4 , , " .•: 1( •'.. - . . • , • , . .,, . . • • • • . • • . . . . . • . . . . •• • • . . - • . . . • • ,-....1-- • • • •,- . • • • • • • . . • • , • -.. . • . • • • • . . • • • • • • ,. ' " • . • .. • • • - -... . . . • „ - .. • • • . . , • -.... ' - . • • ' 4.0z• usovannel . . 'kit :