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86-118 Andero Concrete, Inc., Barrier Removal, Project No. 86-04 ti b' Cit4 of Cupertino 10300 Torre Avenue P.O. Box 580 • Cupertino,California 95014 Cupertino,California 95015 _Telephone: (408) 252-4505 r.$1. �„ OFFICE OF THE CITY CLERK May 21, 1986 • Andero Concrete, Inc. P. 0. Box 7852 San Jose, CA 95150 BARRIER REMOVAL - PROJECT 86-04 • We are enclosing to you for your files one (1) copy of the Contract for Public Works between the City of Cupertino and Andero Concrete, Inc. , which has been fully executed by City Officials. We have also enclosed your bidders bond. Since/ DOROTHY CORNEL S CITY CLERK CITY OF CUPERTINO • DC/so encl. cc: Department of Public Works CONTRACT FOR PUBLIC WORKS • CONTRACT made on Apri1,.22, 1986 . by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and ANDERO CONCRETE, 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 BARRIER REMOVAL, Project 86-04 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 Barrier removal as called for, and in the manner designated in , and in strict conformity with, the Plans and Specifications prepared by: Mr . Bert J . Viskovich, Director of Public Works and adopted by the City, which Plans and ' Specifications are entitled, respectively, Page 1 • r • • BARRIER REMOVAL, PROJECT 86-04 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 : EIGHTEEN THOUSAND FOUR HUNDRED NINE AND NO/100 DOLLARS ($18,409.00) • 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 becovered 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. progressof 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: • THIRTY (30) WORKING DAYS FROM APPROVAL OF CONTRACT If the Contractor shall be delayed in the work by the acts or• neglect of the City, or its employees, or those under it 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 odcasioned 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 is 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: P.O. BOX 7852, SAN JOSE, CA 95150 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 tut and maintain during the life , of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of his employees employed at the site of the project and,in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worke 'r'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: "Iam aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply • with such provisions before commencing the performance of the work of this contract."' • (b) LIABILITY INSURANCE. The Contractor ,shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do with blasting, collapse, and underground property damage) , which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Bodily Injury Liability Insurance in an amount not less than $300,000.00 for injuries, including accidental death, to any. one person, and subject to the same limit for each person, in an amount not less than $500,000.00 on account of one accident, .and • Page 6 • • • • Property Damage Liability Insurance in an amount not less than $200,000.00 . The City and its officers and employees, shall be named as which shall dalsoncontain al uaeanyds on provision that theiinsurance nafforded 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 any time arise or be set up because of personal. injury or damage to property sustained by any person or persons by reason of, or in the course of 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 calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, 'work performed by employees of contractors in • excess of eight hours per day and forty hours during any one week • shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay, it is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00 ) for- each laborer, worker, or 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 - day and each calendar week by all laborers, workmen, and mechanics employed 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 • • • (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 contractshall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall, within five working days, provide a notice of a change of location and address. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying' in what respects such Contractor must comply with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, • as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00 ) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. • (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. '(h) The director shall adopt rules consistent with the California Public Records Act, (Ch: 3 .5 (commencing with Section 6250) of Div. 7; Title 1. Gov. Ch. ) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4,' Div. 3, Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. • Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. • • • Page 9 • • • • Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070) , Division 3, of the Labor Code, are 'eligible to be employed on public works. The employment and training. of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. , When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of howthattheapproval s in the area asestablished b r industry provided, ever, apprenticeship committee or committees shall be subject joint ect tothe approval of the . Administrator of Apprenticeship. Theoint 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 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) werkinc} 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 met: (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or • (b) In the event the number of apprentices in training in such area exceeds a ratio of 1-to-5, or If s a is (creplacingeatlleastshone-thirtieththat s of pritsicjournecraft oren n tradel through apprenticeship training, either Cl) on a statewide ewidenbasis, 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 jeopardizemployees eofhthe publicis lifeoat large r the lifetheif , saspecific ptaskrto whichl lthe apprentice When such represents contractors nin arspecific e etrade from thea 1d to an i tot 5oratiohlon 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 to whom th , subcontractororunder him, who, inontract performingis any ofwthe ework,orundan er 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 • site work, to which fund or funds other contractors in the area of the fund orffunds pinleachic wcraftork arore ctradibute iniwhichhhelemploysbjoe to the or apprentices on the public work in the same amount orouponythe 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 tabor Standards Enforcement is authorized to enforce the payment of sdoh '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 1081. . (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 apprentibes 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 . iscaion stateall be entity,deor8in theited nthe equivalental fundnd ofif Anthe awardinging body body f 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 . thb. Contractor shall, as a penalty to the City, forfeit twenty-five dollatd ($25.00) for each calendar day, or portion thereof, for •• dach laborer; workman, or mechanic paid less than the stipulated : ;.:Preii!lilinii rates for any work done under this Contract by him or by ariy 'edbcontractor Under work done under this Contract by him or by ;'Ahy . Subcontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. • Page 12 • In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or , occupation (except executives, supervisory, • administrative, clerical, or other non-manual workers as such) for which no minimum • wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the • continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed . Machinery, equipment, and other hazards shall be guarded. or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23 . PAYMENT. Not later than the first Tuesday of each calendar month, the City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project, during the preceding calendar month, by the Contractor, but the City will retain ten percent (10%) of the amount of each of said estimates until the 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 writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be. construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. 24 . PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal., relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, ' obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, , in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, Page 14 • . on, or about the same during its construction and before acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the date of acceptance of completion of this Contract by the City, the Contractor' will forthwith remedy such defects without 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 NO/100 DOLLARS ($150.00) for each and every calendar day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any exdess. "28. ADDITIONAL PROVISIONS. None Page 15 . STATE OF CALIFORNIA On this / Tday of �a y ,J in the ye r-pne thousand nine COUNTY OF } ss hundred and..sp4 :Ca before me, , . .t.,v i t ittly a Notary Public, State California, duly commissioned and sworn,personally Yl�. appeared-- “ . known to me to be the S4cM� of the corporation described 4 in and that executed the within instrur ent, and also known to me to be the person....... who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same IN WITNESS WHEREOF I have hereunto et my hand d affixed my official seal in the.5J Q.�� County of..R Y\1°handcar 2C• the day and year in this certificate first ab•ue written. • yY/n � e- ta -' blio ti-7.7,---b OFRIC SEAL L MARY M ROYCA Oai.74 f NOTARY PUBLIC- CALIFORNIA �7 SANTA :NIRA AUGCOUNTY17 t 1(i� _-- My Comm. expires AUG 17, 1988 Cowdery's Form No.28—Acknowledgment Corporation(C.C.Secs. 1190-1190.1) Printed 5/72 • • • • • 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 AS /0 .O ; or: City At orney City erks S/Y4 el„ et07-1-41 Date/City Clerks CONTRACTOR: ANDERO CONCRETE, - INC. a • �, ,/j / - By: /une Guerrero, Secretary Notary acknowledgment required. If a corporation, corporate seal and corporate notary •• acknowledgment required. • ' Project, Name and Number:. BARRIER REMOVAL, PROJECT 86-04 (, Contractors Names ANDERO CONCRETE, INC. 1 Contract Amounts EIGHTEENITHOUSAND FOUR HUNDRED NINE AND -NO/100 DOLLARS ($18,409.00) bontxaot" Account Number:. /A-0. - �G/"— ?-5-3 • • Page 16 • • ANDERO CONCRETE, INC. , BID PROPOSAL BARRIER REMOVAL PROJECT 86-04 TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA Dear Sir: In compliance with the Specifications furnished for Barrier Removal, Project 86-04, I, the undersigned, hereby declare that I have read the proposal require- ments and herPhy propose to do all work required to cothplete the said work in accordance with the Specifications for the amounts set forth herein on the in- corporated schedule. In general, the work shall be to provide and install handicap ramps as out- lined in the Specifications. All necessary preparation as well as "cleanup" is included in the price bid and no extra compensation will be sought. All work will be done in a workman- ship like manner and will meet or exceed the embodied requirements and/or the standards stipulated by the City Engineer. The undersigned also understands that the quantities shown below are estimates. only, being given as a basis for the extension of the unit prices bid. This extension will be the basis for comparison of bids by the City Council. The City reserves the right to increase or decrease the amount of class or portion of work or to omit items as may be deemed necessary by the Engineeer. Additive alternates will be awarded if monies are available at the direction of the City Council. Bid Est.Qty. Unit Item Unit Item • Price Total 1. 41 Each Remove curb, gutter and sidewalk and $44q no /Ea construct handicap ramp complete for $ 7R404.O 0 Four Hundred Forty-nine and 00/100 Dollars/Each ADDITIVE ALTERNATE BID ITEM: A-1 8 Each Remove curb, gutter and sidewalk and $449.00/Ea $ 3592 .00 'construct handicap ramp complete for For Hundred Forty-nine and 00/100 liV" ` Dollars/Each v� PROPOSAL PAGE 1 OF 4 • .I • A. BID DOCUMENTS, continued BIDDER QUALIFICATION FORM • In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and accuracy of the information is hereby guaranteed. (1) How many years hasyour organization been in business under its present name? 21/2 years. (2) How many years' experience in work comparable with that required under the proposed contract has your organization had by this or any other name? 15year s (3) Contractor's License No. 443541 State of California, Classification A, n 1 r A . • (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 years. Year Class, Location of Work and for Whom Performed Contract Amount • See Attached "STATEMENT OF BIDDER ' S EXPERIENCE" ------------ • PROPOSAL PAGE 2 OF 4 • • ONCRETE INC. 1408) 971-1984 .•i STATEMENT OF BIDDER ' S EXPERIENCE ,'•',` '' 1983 Airport Apron Repair 29628 City of San Jose 1984 Wheelchair Ramps 52737 City of San Jose 1984 Traffic Islands 70843 City of Santa Cruz 1984 La Fonda Sidewalk 15186 City of Santa Cruz 1985 Sidewalk, Curb-Gutter 26550 City of Vallejo 1985 Bus Stop Pads 15271 County of Santa Clara 1985 Sidewalk, Curg-Gutter 55122 City of San Mateo 1985 Airport Fuel Dispensing Island Pavement ' 84977 City of San Jose • 1985 Bus Shelter Installations and Various Other Minor Improvements 50192 County of Santa Clara 1985 Sidewalk, Curb-Gutter 57646 City of Salinas • ANDERO CONCRETE INC. • GENERAL CONTRACTORS • P.O. BOX 7852 • SAN JOSE,CA 95150-7852 • • • A. BID DOCUMENTS, continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST TILE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual Co-Partnership Corporation under California Laws Joint Venture Other (describe) Ludine Woodford, President June Guerrero, Secretary NAME AND Paul Guerrero, Treasurer SIGNATURE OF BIDDER: P. O. Box 7852 San Jose CA 95150 ANDER° CONCRETE, INC. June Guerrero secretary p n Rnx 7852 Date: April 1 , 1986 Address San Jose CA 95150 ( 40A) ' 971 -1984 Addenda Received: Phone Number 1 2 3 '4 5 Proposal Page 4 of 4 • • . %fl 1, the undersigned, agree that Lf this proposal is a contract. with the City of Cupertino toaccepted, I will , . 11 enter into apparatus, and other means of provide all necessary machinery otract in te mannerhm and construction and do tools,e all the work specified in the time specified. I, the undersigned declare that this bid Is made without connection with any person, firm or corporation, making a bid for the same work, and is In all respects fair and without collusion or fraud. 1, the undo rst ned Cupertino w g , recognize that the Director of Public Works of ill reserve the right to establish the very of another and each startingthe priority date conflict of constructionriority ofone occur. Attached hereto is the required certified check or bid bond in the • $ Bidder ' s Bond amount of (107, of bid amount) as required by law and the to Bidders. Notice Andero Concrete, Inc, jJune Guerrero, Secretary SET TAB STOPS AT ARROWS of ® CERTIFICATE OF INSURANCE ISSUE DATE(MWDD(YY) 4-29..-86•bd • PRODUCER' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS D JINN & CO. INSURANCE BROKERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND; P. O. BOX 220 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLLISTER, CA 95023 COMPANIES AFFORDING COVERAGE • COMPANY A • LETTER Consolidated American (S.F. I COMPANY B INSURED Scottsdale Andero Concrete, Inc. COMPANY - P. O. Box 7852 LETTER C CNA (San Bruno1 San Jose, CA 95150-7852 COMPANY LtIItH COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. - NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN S SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. T „ POIJCY CI PNJLY EXPUNDDR LIABILITY LIMITS IN THOUSANDS TYPE OF INSURANCE POLICY NUMBER DATE(MMNNYI') DATE(M'NDONI) EACH AGGREGATE OCCURRENT GENERAL LIABILITY BODILY INJURY $ $ © COMPREHENSIVE FORM A R FNPREMLSS PE 1IDNS CAP189735 5/31/85 5/31/86 $DAMAG 13 CO ,$ $ © EXPLOSION 8 COLLAPSE HAZARD © PRODUCTS/COMPLETED OPERATIONS © BI CONTRACTUAL BCOMNED $ 500 $ 500 © INDEPENDENT CONTRACTORS © BROAD FORM PROPERTY DAMAGE - . - © PERSONAL INJURY PERSONAL INJURY $ 500 U AUTOMOBILE LIABILITY • _ eRIIMY $ © ANY AUTO FS PBG1N AI. ALL OWNED AUTOS(PRN.PASS.) CAP189735 5/31/85 5/31/86r • ElALL OWNED AUTOS( RS.I IRS $ PAS $ © HIRED AUT PROPERTY © NONDWNED AUTOS DAMAGE. $ ■ GAaAGE UAEIUTY ID A PD500 ■ COMBINED -$ EXCESS LIABILITY BI A PD © UMBRELLA FORM UP46001127 12/18/85 5/31/86 COMBINED $ 1,000 $ 1, 000 ■ OTHER THAN UMBPEUA FIRM III STATUTORY _ WORKERS'"COMPENSATION WC000277908 10/1/85 1O/l/66 $ 100. (EACH ACCIDENT)- AND EMPLOYERS'LIABILETY 100 (DISEASE-POLICY UMD) $ 100 (DISEASE-EACH EMPLOYEE) DESCRIPTION OF OPERATIONSRACATIONSNEHICLES/SPECIAL ITEMS Barrier Removal Project 86-04; File No. 98,003.18 CERTIFICATE HOLDER CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- Cit of Cu erti PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Y p no MAIL 3n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 10300 Torre Avenue LEFT,BUEFAILURE TO MAIL SUCH NOTICE SHALL I.I•. NOOBLIGATION OR LIABILITY Cupertino, CA 95014 OF ANY KIND UPON THE COMPANY,ITS AGENTS a I• ENTATIVES. AUTHORIZED REPRESENTATIVE Na 41 ACORD 25 (2/841 a I'.9/ACORD CORPORATION 1984 • ; WINN & CO. Endorsement No. THIS ENDORSEMENT FORMS A PART OF POLICY NAMED INSURED NUMBER CAP189735 & UMB001127 ISSUED BY Consolidated American & Scottsdale AND IS Andero Concrete, Inc . EFFECTIVE 4-29-86 12:01 A.M. STANDARD TIME. It is hereby understood and agreed that : 1 . The City of Cupertino, its employees, officers, agents, and contractors are named as additional insureds. 2. This policy shall be considered primary insurance as respects any other valid and collectible insurance the City of Cupertino may possess, including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance only. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each . This, however, will not act to increase the limit of liability of the insuring company. 4. Thirty (30) days written notice of cancellation shall be given to the City of Cupertino in the event of cancellation and/or reduction in coverage of any nature. Such notice shall be sent to: City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014. 5. 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." 6. HOLD HARMLESS. The Contractor will save, keep and hold harmless the City and all officers, employees, and agents thereof from all damages, costs, or expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of 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 liability upon the City and are for the express benefit••of the general public . • AUTHORIZED REPRESENTATIVE •4 - STATE OF CALIFORNIA On this .....L. '+ ay of t"l s t/ , in the year o thousand nine d COUNTY OF } ss' hundred and PL. before me, ,�l el i V 1 f ' r 0 a Notary Pulic, State ofralifornia, duly commissioned and sworn,personally appeared (t1 17 e 4T 4t P L'Y e`(Z Q known to me to be the S eC y-e j A 9 '-.� of the corporation described ', in and that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same IN WITNESS k'HEREOFI have hereunto set my hand andl/affixed my official seal in the S•Qn 0Sc County of...Lc3.r1.11:1 Clgte4 the day and year in this certificate first abo - written. I'=j,.--,e– W4- ' A_ Nota)y •_. ;•tate ogre?o SEAL ` I 1' PAIf,Y IJ ROY -c" NOTARY rf BLIC- CALIFORNIA t\met.kSANTA CLARA COUNT/ `^'' My comm. e:;picas AUG 17, 11,88 I. Cowdery's Form No.28—Acknowledgment Corporation(C.C.Secs. 1190-1190.1) Printed 5172 State of California ) ss. County of San Benito On this 29th day of April , in the year 1986 `i before me, Jacqueline L. Ordlock, a Notary Public in and for said State, personally appeared Joe A. Ferrante, personally known to me to be the person whose name is subscribed to this instrument as the Attorney in Fact of Insurance Company of the West, and acknowledged to me that he subscribed the name of Insurance Company of the West thereto as Surety and his own name as Attorney{/in Fact. c r OFFICIAL SEAL / C � JACQUELINE L. ORDLOCK � {. / ,✓C� (y!�[C(�(�(�(i�� Zr NOTARRAGECOUNIFORNIH ' ORANGE COUNTY • .ta y4 Public in and for said State ✓y 5 My Corm &phos Aug 4,1989 My Commission expires August 4, 1989 Bond No. 13 47 60 4: - Premium $265.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, ANDERO CONCRETE, INC. as Principal and Insurance Company of the West as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of EIGHTEEN THOUSAND FOUR HUNDRED NINE AND NO/100 DOLLARS Dollars ($ 18,409.00 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated April 22, 1986 with the Obligee to do and perform the following work to-wit: BARRIER REMOVAL - PROJECT 86-04 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 29th day of April 19 86 (To be signed by Principal and Surety and acknowledgment.) Andero Concrete, Inc. -a 4P • ncipa June Guerrero Secretary Insurance Company of the West e, ;,b'CLI9 Sur rl By: Joe A. Ferrante Attorney-in-Fact The above bond is accepted and approved this day of , 19_ jt' • • INSURANCE COMPANY OF THE WEST `• HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, Constitute and appoint: JOE A. FERRANTE its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which-said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 13th day of August 1985 MPRNINSURANCE COMPANY OF THE WEST #`,OPOR It ,to =I • i H a 4; \lIiOPM� --- President — STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 13th day of August 19Oefore the subscriber. a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came Ernest Rady, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding Instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. 1.Y2'vhraVf PW OFFICIAL SAL cl A NORMA PORTER ! A' Ltt �L�L'1•( N, L !. `. kd;ARY PUBLIC-CALIFORNIA • o,.,,,,�prcewsap py�Canb Notary Public "n `tit :+t iommissmn Esp.6n.A, MU 1f+'ih.'..,At .."dLeVV VVW1An n STATE OF CALIFORNIA 55: COUNTY OF SAN DIEGO I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full, true and correct copy, Is In full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 29th day of April 1986. / OPANyo_ W 3V`,��OPPottoe Sem 3 41/qtN t X11% y Secretar _ ICW CAL 37 (REV. 5/82) uroAf+� • • • e� ' ' Bond No. 13. 47 60 • Premium included in Performance Bond LABOR AND MATERIAL BOND • • KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and ANDERO CONCRETE, • 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 Insurance Company of the West • as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and afty 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 of. by any other person, in the just and full sum of EIGHTEEN THOUSAND FOUR HUNDRED NINE AND NO/100. DOLLARS ($ 18,409.00 ) , THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and • all damages arising under the original contract, then said Surety will pay the • same and also will pay in case suit is 'brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184. 1 of the Code of • Civil Procedure, so as to give a right of action to them or their assigns in • any suit brought upon this bond. • I STATE OF CALIFORNIA On this -IS" , day of req 7 in the y ar one thousand nine COUNTY OF hundred and...27 before me, Hoir/ - i t y a Notary Public, State of California, duly commissioned and sworn,personally appeared.a. we r^EA.ksit� known to me to be the ./ 'Q-Na.yt of the corporation described I. in and that executed the within inst ment, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same IN WITNESS WIIEREOF I have hereunto jet my hand and affixed my official seal in the.Std. '4Sc County of Q r\+2 0'�a 12 a- the day and year in this certificate first above written. p4J ' �1y/ rte,-•r � --a . 1- •� WEI 1AL SEAL ._ a� �tv •MARY M ROY �� 2� NOTARY PUBLIC-CALIFORNIA P' i SANTA CLARA COUNTY ( My comm. expires AUG 17, 1982 Cowdery's Form No.28—Acknowledgment Corporation(C.C.Sea. 1190-1190.1) Printed 5/72 State of California ) ss. r County of San Benito ) On this 29th day of April , in the year 1986 , T before me, Jacqueline L. Ordlock, a Notary Public in and for said State, personally appeared Joe A. Ferrante, personally known to me to be the person whose name is subscribed to this instrument as the Attorney in Fact of Insurance' Company of the West, and acknowledged to me that he subscribed the name of Insurance Company of the West thereto as Surety and his own name as Attorney i/nnFact. r OFFICIAL SEAL / a q /A JACQUELINE L ORDLDCK 4e!/ _/ / • / :1".,.co NOTARY PUBLIC-CALIFORNIA r tZ ✓ 7wMv ORANGE COUNTY •tary/Public in and for said State My Comm.Expires Aug.4,1989 My Commission expires August 4, 1989 a. . 15.; T • 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 theTspeci- ., fications. - IN WITNESS WHEREOF, this instrument has been duly executed by the - Principal and Surety this 29th day of April , 19 86 Andero Concrete, Inc. (To be signed by Principal / Principal June Guerrero, Secretary and Surety. Notary Insurance Company of the West acknowledgments required.) -����' a. 5Q� cZ- Su;/ By: Joe A. Ferrante Attorney-in-Fact - The above bond is accepted and approved this day of • , 19 • A 4 , y 6/17/85 • INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: JOE A. FERRANTE its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: • "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 13th day of August 1985 *moot INSURANCE COMPANY OF THE WEST pl 3�'40PPOry;fo• • Clisroi# President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO 85, On this 13th day of August 19 oeore the subscriber. a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came Ernest Rady, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. A'Yddds'>."J°p+ OPflCiAL SEAL *`T"� NORMA PORTER � . 4�n�t& 1- .( ti $ • 1 lailRY PUBLIC-CALIFORNIA Doke Notary Public orn:goal a sari NeseC Catty "t •G:•. 'a1 irimmisSnn Etp.ha.L 1381 STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 29th day of April 19 86. cpMPAN0 i `Y,COPP7q�rFa -_ 444Cn 1 191 ti Secrete / C4ineNt./ ICW CAL 37 (REV. 5/82)