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86-121 Raisch Construction Co., Annual Overlay Project No. 86-111 4 'tit\'.:: '` 41 ' bti, m `4 Irl . Chi of Cupertino . • 10300 Torre Avenue ' t P O Box 580 r ' ' `' < Cu ertinCalifornia.950151 r` r Cupertino,California 95014 � ` r ' o y P r„ c t'•� ,. ,>:TelephOne: (408) 252-45050 , =, q „e; � • r b-tf,.;;.1.• "fu4 1--r'l,1 , ..i °+k„'• -• OFFICE OF THE CITY CLERK.. I ” - . -• _ 5. +. 1. .. _ • - ;y, ' May'29,';1986 << . :r. .,n , Raisch Construction Company P. 0. `Box 729 . Mountain View, `CA, 94042 ' ` a . • CONTRACT FOR PUBLIC WORKS - ANNUAL OVERLAY, PROJECT 86-111 ":. aWeare enclosingto you for' your files one (1)- copy of the Contract',:r • - for Public Works between the. City of Cupertino-and` Raisch Construction.. ':'., - ' • , ° • '.',Company,,.which has been fully 'executed by ,City Officials._•We have, also .' ; enclosed your bid bond-. . ` Sincere. , . • DOR+THY CORNELIUS • CITY CLERK ' - '; • ' ' CITY OF CUPERTINO ' • DC/so V ' enol. . • cc: - Department of Public Works # - -R ,; A A i)t CONTRACT FOR PUBLIC WORKS • CONTRACT made on �Aondr /7/-4 by the CITY OF CUPERTINO, a municipal •corporation of the State of California, -s hereinafter called the CITY, and RAISCH CONSTRUCTION COMPANY ,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 ANNUAL OVERLAY, PROJECT 86-111 B . Faithful Performance Bond, Labdr 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 ANNUAL OVERLAY, PROJECT 86-111 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, ANNUAL OVERLAY, PROJECT 86-111 • 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 : FOUR HUNDRED SEVENTY ONE THOUSAND SEVEN HUNDRED FIFTY EIGHT AND 74/100 DOLLARS ($471,758.74) 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 Specification 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: ON OR BEFORE THE EXPIRATION OF FIFTY (50) WORKING DAYS AFTER EXECUTION OF THE 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 ander 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: P.O. BOX 729, MOUNTAIN VIEW,CALIFORNIA 94042 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 is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees • are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following • certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in • accordance with the provisions of the Code, and I will comply With such provisions before commencing the performance of the work of this contract."' • (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall • protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do ' with blasting, collapse, and underground property damage) , which may arise from Contractor' s operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of. such insurance shall be as follows: Bodily Iniury Liability Insurance in an amount not less than $300,000 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 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 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 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 andmaintainat 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 worked in excess of eight hours per day at not less than one and one-half mes stipulated tithe of thatforbeach and asic eeveryaviolation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for. each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during • which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. • Page 7 • The Contractor, and each subcontractor, shall keep an 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 contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall, within five working days, provide -a notice of a change of location and address. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying' in what respects such Contractor must comply with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, - as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. '(h) The director shall adopt rules consistent with the California Public Records Act, (Ch: 3.5 (commencing with Section 6250) of Div. 7; Title 1. Gov. Ch. ) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. . • Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or . trade to which he is registered. • • • Page 9 • • • Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070) , Division 3, of the Labor Code, are 'eligible to be employed on public works. The employment and training. of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected= provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint acontractorsorpor subcontractor, shall8earrangeuent o forrotheg •dispatchsubject 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) 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 • • • e ft or' used in this meanparcrafteorltradeadeterminedadasnansapprenticeablesoccupationain 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 s a is (creplacingthere atlleastshone-towihirtieththe ofprentits1Cjourneble yment an trade through apprenticeship training, either (1) on a stamtewidebasisanuall,I 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 employees jeopardize his oyeesofthe public- life, ssafety at largeifthespecific ptaskrto whichtheapprentice •When such • represents contractors nin arspecific e strade 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 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 fonds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The contractoror subcontractor may add the amount of such contributions iin computing his bid for the contract. The Division of LabotAtandards Enforcement is authorized to enforce the payment of. sdeh`•Centributions 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 ($5the0 .0pp) for rovisions1727, upon receipt ofsuch each of calendar Section 2iaitndina determination the awarding body shall withhold from contract progress payments then due or to become due such sum. (b) Any such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable .notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. _ (c) Any ' funds withheld by the awarding body pursuant to this §ection shall Jae deposited in the general fund if the aWarding body is a state entity, or in the equivalent fund of an aWarding body if such awarding body is an entity other than the state. The shall interpretation accordance' withort eent of rules$eandons 1777.5 proceduresndof777.7 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 . dollars( '($25.00) for each calendar day, or portion thereof, for • : •_ dach laborer; workman, or mechanic paid less than the stipulated fleJailing rates for any work done under this Contract by him or by a;,.rany "edbcontractor under work done under this Contract by him or by dhy • Subcontractor under him: and Contractor agrees to comply with Alt provisions of Section. 1775 of the Labor Code.. Page 12 In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or , occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. - 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and • construction codes shall be observed. Machinery, equipment, and other hazards shall be guardedor eliminated in accordance with the safety provisions of the Construction Safety Orders issued, by the Industrial Accident Commission of the State of California. 23. PAYMENT. Not later than the first Tuesday of each calendar month, the City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project, during the preceding calendar month, by the Contractor, but the City will retain ten percent (10%) of the amount of each of said estimates until the expiration of thirty-five (35) days from the date of recording by the City of notice of acceptance of completion of all work covered by this Contract, if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body ; or, if such notice be not so recorded within ten days, until the expiration of ninety-five ( 95) 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 working day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage/ and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any exdess. 28. ADDITIONAL PROVISIONS. None Page 15 STATE OF CALIFORNIA . COUNTY OF SANTA CLARA15' • On this7thday of May , 198 6 , before me, KATHY D. CATO , a Notary. Public and for the said County and State, residing therein, duly commissioned and sworn, personally appeared RONALD L. SHEARY • , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as 'the attorney-in-fact of RAISCH CONSTRUCTION CO. , a conart- • . nership composed of A. J. RAISCH PAVING CO. , a California Corporation, RAISCH PRODUCTS, INC. , a California Corporation, and RAISCH. EPUIPMENT CO. , a California corporation, and acknowledged to me that he subscrived the name of RAISCH CONSTRUCTION CO. , a co- partnership composed of A. J. RAISCH PAVING CO. , a California corporation, RAISCH PRODUCTS, INC. , a California corporation, and RAISCH EQUIPMENT CO. , a California Cor- poration, thereto as principal and his own name as attorney-in-fact. ' :4 In witness whereof I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written..,, !�++ -'n]": :9EBB:596B:GBS:I[,eaBEE:]l]E1:91100008001110 + '^.�. OFFICIAL SEAL :2 #t =L./p;; KATHY D. CATO �`: NOTARY PUBLIC — CALIFORNIA :] ' '' f� COUNTY OF SANTA CLARA � s:> 'otary •u' c ani or t e ounty o -L Comm. Exp. March 24, 1989 gSanta Clara, State of California ' t:Bd::,r••••^e•etscenmetc:o.e::rs::Loesu • • • 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 (fir / t '(' /// May : • /l r2 �� 9/ City Attorney ity Clerks • Date/ ity Clerk 7,.,e0freA. �j CONTRACTOR: pita-- Cov✓TeCOcTiaN ro • • •/ By: ��Cc ;- RonaldRonald LSheary, Attorney-in-FactNotary acknowledgment required. If a corporation, corporate seal - • and corporate notary • acknowledgment required. • ' Project, Name and Number:, • Contractors Name: Contract Amounts • COatrart`Account Numbers' ' • • Page 16 • • BID PROPOSAL • ANNUAL OVERLAY PROJECT 86-111 TO: THE DIRECTOR OF PUBLIC• WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA Dear Sir: • In compliance with the Plans and Specifications furnished for the work of the Annual Overlay project in the City of Cupertino, Project 86-111 I, the undersigned, hereby declare that I have read the proposal requirements, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to complete the work in accordance with the Plans and Specifications for • the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of the work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the Annual Overlay Project 86-111 as described in the Special Provisions. • In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. I, the undersigned, shall diligently prosecute the work to completion before the expiration of 50 - working days. I further understand that I shall pay to the City of Cuperino the sum of one hundred fifty dollars per day, for each and every working day's delay beyond the times established in: this proposal for each and every portion of the completion process described in the time for completion portion of this proposal. • 1. Within two (2) hours after each site has been paved I shall be responsible for accurately locating and placing temporary traffic striping (cat tracking or dribble) bid item No. 11 . If I fail to perform this portioq of the job on the same day as paving I shall pay the City of Cupertino the sum of one hundred fifty dollars per day, for that day plus the sum of one hundred fifty dollars ($150.00) for each and every day the temporary striping remains uncompleted. 2. I, shall be rsponsible for installing permanent traffic striping, raised pavement markers, and pavement legends, Bid item No. 12, 13, 14 , five (5) days following the paving of each site, should I fail to perform this portion of the job on the fifth day, I shall pay the City of Cupertino the sum of one hundred fifty dollars ($150.00) per day for that day plus the sum of one hundred fifty dollars ($150.00) for each and every day the permanent traffic striping, raised pavement markers, and pavement legends, remains uncompleted. Proposal Page 1 of 7 00 b)9 1 $ 4393/ an, $ slap=slap= ;uamaned say adAj 4383 8E5 '3h1 --' QU [± $ 4383/ (Th 1 $ eaalsem' ;uamanad 1x41 adty 4393 059'Z '471 `Z611 $ 4393/ Qb1_1 $ saalaem ;uamaned y addy 9393 ZSB '871 ZZAjilin $ 43173/ (17.02:. $ moan pus amyl eve 4383 TI 'PEI ;70Q $ 4383/ 00'06 $ (BuTx Too43S AGM pua8aq 9383 h '3EI m QN', $ 9393/ QQ•91 $ smoasy uan7 392Tg puts 7;a1 9393 8 '4Ei Q Z (9393/ Q0' \_ $ (139a9y 'do 'paads) spua8a7 4393 TE '8E1 Q`9C'L'11 $ '3.1/ C181() $ 0374M HZT . '3"I 019'I '9Z1 aSc 'l $ '3'1/ QS;'0 $ a7T4M „9 '1' I 6TZ'T 'PZI 07asb4+ $ '3"I/ Q'Q $ alIMM „9 '3'1 005'ii '3ZT O& 99 $ '1'1/ QZ'Q $ (1 TTe300) noTTal[ „7 '3'1 7hE 'UT 07-1070r$ 3'1/ Qb+a $ (iZ TTsia0) MoTTax aTgnoO '3'1 05Z _ '8Zi (aiggT3p so 8uT1ae1; q_XZJ $ '6'1/ -- $ 783) BuidTi;S 3T;;eay mns dmnl 'TT Q7(77.. $ 'S'1/ — $ Saapaaj 3T;;eay ;o 'renown mns dmnl '01 4.4:01)1E1 $ '1'S/ a1'Q $ ' num; ;uamaned 'g'S 00i'TEi '6 '3'S/ art $ i9 'uoT;eao;sag ;uamaned 'A'S ZOT'T '8 a 92%1$ 'a's/ Obi $ u7 'uoT;eaoisag ]uamaned 'PS Z91'9E1 'L Oo $ 43x3/. WW1 $ alma o; xoq ;encpy 9393 99 '9 Oa(0\701$0\7(0\701$ 4393/ Y Q-L $ apea8 o; aToquem ;sncPV 5393 Z0I 'S °S98 $ • 'VV. QC" t. $ (asaansuea;) ;n0 aBpaM '3'7 56Z '7 a �9tz£1 $ '1'1/ CS,9J. ' Q $ (TunTPn7T8u0T) ;n0 aSpaM '1'1 990'hZ 'E i1 9ZZ0! $ 'g'S/ 0 ' Q $ TsaS flog 'g'S 8T9'ZZ9- 'Z 47(7471i41 $ uoy/ 7.4140q.. $ ;uamaned a;aaauo3 2Te4dsy uoy 9LE'9 'I 11/101 33I1d 1INn 1431I • ZINI1 N31I 1. 'Ito '133 OI8 :soTaq pauTT;no es 'aq nags ;aa[oad ST4; ao; seaTad pTq au S3LIInNVno 031VNIIS3 'uoT;noaxa un; moa; shop BuTjaon 05 ;3a(oad arT;ua ;o uoT;aTdmoo •E BID PROPOSAL CONTINUED BID EST.QTY. ITEM UNIT ITEM UNIT PRICE TOTAL oe 14d. 243 Each Type 'G' pavement markers $ '�j.OD /Each $, TOTAL BID $ Ali 25B 74 41 11C7°. Proposal Page 3 of 7 • • I, the undersigned, agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and do all the work specified in the contract in the manner and time specified. I, the undersigned declare that this bid is made without connection with any person, firm or corporation, making a bid for the same work, and is in all respects fair and without collusion or fraud. 1 I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto isa requ red certified check or bid bond in the amount of JOY() l�f j„fJ , as required by law and the Notice (102 of bid amount) to Bidders. • RAI11CH CONSTRUCTION Co.. 1105 L'AVENIDA P. 0. BOX 729 MT. VIEW, CA. 94042 If?%‘44 C411-tel Ronald l:. Sheary, Attorney-(ti-Fact . • 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 has pour organization been in business under its present name? pl/ (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? //Q 'f ��•/n �/ , State of California, (3) Contractor's License Noy ,�C�Yc:��O Classification /4 - (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 /:Act %e f • • • • eenenear Bare C 7 • STATEMENT OF EXPERIENCE Following is a partial list of projects completed by Raisch Construction Co. during the past two years. 1984 Hellyer Avenue $1,915,100.00 City of San Jose 1984 San Tomas 6 101 $3 ,244,937.00 State of California 1984 Ridder Park Dr. $970,940.00 Carl Swenson Co. 1985 Access Rd. San Jose Airport $1,459,760.00 City of San Jose 1985 N.San Jose Indus.Park $3,196 ,998.00 City of San Jose 1985 LID 19 $4 ,274,712.00 City of Milpitas 1985 Bernal Rd. $2,371,537.00 City of San Jose 1985 . Oakmead A3 $3 ,971,803.00 City of San Jose 1985 Airport Parking Lot $1,118 ,575.00 City of San Jose 1985 Highway 237 $2,215,141.00 State of California Raisch Construction is experienced and equipped to perform the required work. RAISCH CONSTRUCTION CO. CoLik RONALD ,L.SHEARY VICE PRESIDENT 5:85kc • A. BID DOCUMENTS Continued: Name of Proposed Sub-Contractors, if any (Section 4104 Government Code) 1. I4R.Pc 2. rd)at1.MP C& , 3. 4. • 5. 6. Address of Shop or office of Sub-Contractors (Section 4104 Government Code) 1. b . . x. INFILrr,w,.,r 3. 4. S. 6. Work to be performed by Sub-Contractors (Section 4104 Government Code) 1. L mhecE, Car 3 . 4 S . 6. • PROPOSAL PAGE 6 or 7 • 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 THE 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 Joint Venture Other (describe) NAME AND AISCH CONSTRUCTION CO., a copartnership of SIGNATURE OF BIDDER: t. J. Fiaisch Paving Co., Fl:Ascii Products, Inc., and Misch Equipment Co., A. G. F•�i"'fir, President, h)B T. T110mnso9, Trost.-r cnd Chic? Financial )fficer, Poirett T. Greer):, F:':ocutiva Vice President rl act and Chief Operations CAanaryer and thyanA.Raisch�, Donald L. S teary, Attorney i Secretary of each corporation. Rtath,rI COO anhuL ION ea. 11(15 L'AVEI•IIUA I'. V. tlox !L8 Mt. VIEW, CA. 94042 • c p Address Date: ,4)-//023 //d 4 (110 734_6 ?43 , Phone Number Addenda Received: 1 ' 2 3 4' 5 Proposal Page 7 of 7 • • • UNITEL, PACIFIC INSURANCE COMPANY • • HOME OFFICE. FEDERAL WAY.WASHINGTON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. Thet the UNITED PACIFIC INSURANCE.COM►ANY,a corporation duly&garbed under the Yen 01 the State e1 Washington,does hereby make,connituta end SICOI l RICHARD S. EVEC of SAN JOSE, CALIFORNIA--- • --- ate true end la.Aul Attorneynn•Fect,to make,e■eeuie,sal end dein",la end en its Shell,and a its at and deed •• ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSEIP— end to bind the UNITED PACIFIC INSURANCE COMPANY thereby it fully end to the fano anent as rl such bonds and undertakings and ether wiring' Wtigalory in the nature thereof wore signed by in Eireann" Officer of the UNITED PACIFIC INSURANCE COMPANY and soled and attested by dot Other 01 such Officers and hereby ret ilia end confirms all that Its said Allot eylei•m•Facl may do in pursuance hereof. Thu Pent e1 Attorney is /rented under and by authority of Article VII of the 9y•Lawc el UNITED PACIFIC INSURANCE COMPANY which beam"effective SememW, 7,1079,which provisions are now,n tun fore and ellen,reading as follow" ARTICLE VII— EXECUTION OF EONDSAND UNDERTAKINGS • 1. The Board of Directors.the President,the Chairman of the loud,any Senior Vice huident,any Vice President a Aunsunt Vice President or other officer designated by the board of Directors shall have power and authority to lel appoint Attorneys.in•Facl end is author,."thein to tncut. on behalf of the Company, bonds and undertakings. recognizance., contracts of indemnity and other Matings obligatory in the nature fMreol,and IW to remove any such Aitomfym•Fact at any dine end revoke the power and authority disunite him. 2. Anernaye.in•Fan shall haw power and authority.subject to the terms end limitations of the power of attorney issued to them,to execute nddei,va.on behalf of the Company,bonds and underukinga,recogniances,contracts of indemnity and other writings obligatory in the nature thereof The corporate seal is not necessary for the solidity of any bonds and undertaking.,recagnneneec,contacts of indemnity and other writings obligatory on the nature thereof, 3. Attorneys..n. an shell hew power and authority to ensure andante required to be attached to bonds,recogni ,contracts of rndtm• nily or tithe, conditional or obligatory undertakings and they shall abo.have power and authority to tinily the brunesef stamens of the Company and to copies 01 the Er•Laws of the Company or any article or section thereof. This power el attorney is signed end saared by facsimile under and by authority of the following Resolution adorned by the board oe Onreetars of UNITED PACIFIC INSURANCE COMPANY ala meeting held on the Sth day of June,1970,at which a quorum wet resent,and said Resolution has not been amended or repealed: "Resolved,that the signatures of such directors end officers and the seal of the Company may be affixed to any Such pont of "flamer or any and icing relating thereto by facsimile, end any such power of attorney or certificate Waring such hnimile signatures or facsimile seal shall be wird and binding upon the Company end any such power so executed end certified by facsimile signatures and facsimile seal shill be valid and binding upon the Company in the future with respect to any bond a undertaking to which it is attached." IN WITNESS WHEREOF,IM UNITED PACIFIC INSURANCE COMPANY has emedAh w presents to be Signed by its Vice President,end its corporal. d seto be hereto alined.this 28th day of January 19 ^� UNITED PACIFIC INSU NCE OMPANY Int � �! • r/%f>-�Ir2s ..Lig Ij Viet President STATE OF Washington COUNTY OF King }It • On this 28th day at January . 1982.personally append Charles .E. Schnalz to me known to be the Vice.Presidenn of the UNITED PACIFIC INSURANCE COMPANY, end acknowledged than he aaecutd and arastd She fore ening instrument end offload the seal of mid corporation thereto, and that Article VII,Section 1. 2, end 3 of IM lyLews of said Company, and IM Reaofulwn,set forth therein,we nits in full force My Communion Expires: ✓,r. fineaccicitzter.sea June 12 ,1182 - 047.1 s Notary Public'nand foe Stile 61 Was hington• Residing al Tacoma - I Charles J. Fns Skov , Animist Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that Ihe above end loreyeng se a true and carat copy eta Powee of Attorney eaeculd by send UNITED PACIFIC INSURANCE COMPANY,pieta final in lull fore and effect, yrs Tt+lU WwIlIDI,l hew Poi amid ees aria font lard the rte/rd Pirgiaq 11.429th •rthe April N 86 Bond# UP (38) • UNITED PACIFIC INB•TJRANCE COMPANY • Federal Way,Washington KNOW ALL MEN BY THESE PRESENTS, that we Ralsch Construction Co. as Principal, hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of Federal Way, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Cupertino as Obligee, hereinafter called the Obligee, in the sum of Ten Percent ( 10%) of the Total Amount Bid ---- Dollars ($---1O%•------' ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors end assigns, jointly and severally, firmly by these presents. • . WHEREAS, the Principal has submitted a bid for Annual Overlay Project 86-111 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence satisfactory to Principal and Surety that financing has been firmly committed to cover the entire cost of the project Signed and sealed this 29th day of April 19 86 i71 /2 / STATE OF CALIFORNIA taisch Construction Co. SS. ' (Prinelpal) (Seal) County of Santa Clara onAprR.28.,_..1 gee before me,-/PdY,A...•� iword . Notary Public, ale of California, duly commissionedd and sworn, lTitlel personally appearedJJCi)ai.d.S,..SYec personally known Ronald U. Sheary, Attorney-in-F ct to me to be the Attorney-in-Fact of the Corporate Surety that executed the within instrument, and known to me to be the person who executed the said Instrument on behalf of the Corporation herein named and acknowledged to me that such Corporation UNITED PAr7 IFIC IN U AN E COMPANI' executed the soma. // N IN WITNESS WHEREOF, I have hereunto set my hand and affixed / 4..r•st// my official seal In the County ef..S.anta.Glara,,, the day and /74-4- (((���,��� ((( r year In this certifkate first above written. - - (Attorney-In-Fact) Richard S. Svec ��•`. Ito• aftSeN `/A. JOHNSON 8 Yj .=i NOTARY PUBLIC-CAUF-ORNIA �! SANTA CLARA COUNTY • My Commission Et.Juno 13,1087 - • die;=saeg De et '^ / PO W AH • •00 DNIAVd HOSIVH 'P 'V 6�, . 'ydf/ . tpa;e° buTsaeuT6ua uoT;ans;B !/ -uoa ;o sabeuew pue ;uapTeasd aaTA 'AHVnHS 'Z O'IVNOH uoT°TA TU s;onposd ;'o sa6eueW pun IuepTBasd aaTA 11OSIVB_'2 SVZDnOO euoT;eTeu TeTs;enpul ;0 so;oesTQ pun ;uapTeasd aaTA HOSIVWI 'I VNVn uoTBTATQ Bain; -ani;g ;o sa6eueW pun ;uepTsasd aaTA VSSaW 'Z QNOWAVH uoTBTATQ 6uT;uno03V ;o sa6eueW pun ;uapTBasd aaTA 3ZVHDW NIHVW uoTBTATU ;uewdoTeAeQ pueq ;o sa6eueW pun ;uapTeasd ea TA I)IO2WVZH 'P 3ONlHMVZ uoTBTATQ e;esau03 pexTW -Apses ;o sabeueW pue ;uapTeasd aaTA AflV38 'Z SVZDnOQ Taeunon rebel' put die;esaag HOSIVH •V NVANS eeT;TAT;aV a;anposd DoT; -ans;suon pus uoT;analeuo3 ;o sabeuew Tesauao pue ;uapTeasd aDTA soTuag IIHSSOD •M N3ARJ,S 1e3T330 TeTaueul3 3aT4O pun sasnseasJ. ';uapTeasd aaTA BAT;naax3 NOSVWOHI 'I 30P taaT330 suoT;eiedo 3eT40 pun ;uapTeasd aaTA enT;noax3 3N33HD •J, J,u3SoR 2aDT330 OAT4n3ax3 ;alga pue ;uapTeasd 'uewfTegn HOSIVH 'D .tu38ZV • •pe;aaTes ATnp ase esaaT;;o sossaaans TT;un '6861 'SZ segwa;dag 6uTauawwoo •gone se ansae o; 'Sfl6I-686T seal TeaeT; aq; so;. eso;aesTQ ;o pseo8 egg AC( pe;oeTe asaM esaaT;;o 6uTMoTTo; alp 'P86T '6Z segwe;dag uo .pTaq 'OO DNIAVd HOSIVH 'P 'V ;o eso;aafl( ;o pseog eq; ;o ,buT;eaW Tumuli ue ;e ;eq; d;T;saa saq;sn; I •dTgesau;sed pTes aq; ;o ;Tegaq uo 'nava-woo e;noexe o; Parr/04411e sT uoTieaodsoo STgl ;o sapT;;o due ;eq; pun 'sAeMg6Tq pue sdeMpeos 6uT;ans;euoa pun so; 6uT;oes;uoa ;o esodsnd aq; so3 '00 NOIDDHISNOD HOSIVN ee eseuTsnq op o; 'dTgesau;sed a;esodsoa a mao3 netts uoT;esodsoa a ' 'DNI 'S,IOmam' HOSIVH pun 'uoT;esodsoo a "On J,NaWdIn03 HOSIVB pun uoT;esodsoD BTq; ;PILL tn3AZ0S321 spa;dope sem uoT;niosas 6uTMotto3 a4; 'ZL6T 'et TTidy uo pTeq 'Bso;aeaIQ ;0 pseo8 BIT ;0 6uT4eaW TeToadg a ;e ;eq; A;T;sea dgesaq uoT;esodsoa eTuao3TTe3 e "OO DNIAVd HOSIVI7 'P •V jo die;asoag 'pau6Tssapun a4; 'I (I . 1 • 1 - •I • SPECIAL' POWER-OFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That A. J. RAISCH PAVING CO. , RAISCH PRODUCTS, INC. , and RAISCH EQUIPMENT CO. , corporation■ . organized and existing under the laws of the State of California, and having their principal office in San Jose, California, do 1 { hereby constitute and appoint A. G. RAISCH, ROBERT .T. GREENE, STEVEN GOSSETT, RAYMOND L. MESSA, RONALD SHEARY and LEO J. CACITTI their true and lawful Attorneys-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and - deed, at any place within the United States, any and all bonds, recognizances, undertakings, contracts or other writings obligatory in the nature thereof, any such obligations within the United States, in any amount.. And said corporations hereby ratifies and confirms all and whatsoever said Attorneys-in-fact may lawfully do in the premises by virture of these presents. . This appointment is made under and by authority of the following Resolution passed by the Board of Directors of each of said corporations at a meeting held at the principal office of said corporations a quorum being present and voting, on the 28th day of April, 1972, which Resolution is still in effects "RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, be and they are hereby authorized and empowered to appoint .Attorneys-in-fact of the Corporation, in its name and as it. acts, to execute and acknowledge for and on its behalf any and all bonds, recognizances, undertakings, contracts of • indemnity or .:other writings obligatory in the nature thereof, with power to attach thereto the seal of the Corporation. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Corporation as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons . " IN WITNESS WHEREOF, each of said corporations has caused these presents to be sealed with its corporate seal, duly attested by its Chairman of the Board and its Secretary, ' this Lwi day pf May, 1985. A. J. 1101:el. CO. RAISCH - . OP C"49tsC. RAISC Q IP EN 4CO. BY ai - Hy - . . . . . . /�Iaa A . By - . -rat ; A :P s n P ,es sen ries .ent By By e t.. I By m! GAN Secretary ecretary S- rotary STATE OF CALIFORNIA ) _ ) ss.. COUNTY OF SANTA CLARA ) . On this v(-41_,,(1- day of May, 1985, before me came the above-named President and Secretary of A. J. RAISCH PAVING CO. , RAISCH PRODUCTS, INC. , and RAISCH EQUIPMENT CO. , to per personally known to be the individuals and officers described herein, and acknowledged that the s ea) 9 affixed to the pr`n A cdtr," ..tmekrluren!' r,n...Ohe-cn..p.cz tio:a• ^.nl” of said corporations and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and directions of said Corporations. ' Y- — , s . - r-1 1: hereby certify that the above resolution dated May 14 , 1985, and special ewer of attorney dated May 2, 19819,arare still in full force and effect as the o2/`��day of /�P/�� ' � ,(,/-GE�G����% BRYAN . RAISCH Secr tary • . ._ I 1 - . . . . . . - - - -- . . j, CERTIFICATE OF INSURANCE ISSUE DATE(MMIDDIYY) • 5-7-86 tt ' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Alexander&Alexander of California Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, 1530 Meridian • EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 5700 . San dose,California 95150 COMPANIES AFFORDING COVERAGE Telephone 408 264-6700 TWX910-338-0239 COMPANY A ' LETTER FIREMAI4S FUND INSURANCE CO. INSUREDCLETTER Y B RAISCH CONSTRUCTION CO. P.O. Box 729 COMPANY c (ti h U L= C V LLD Mountain View, CA 94042 COMPANY D L'i).Y p 1:-'5 LETTER • nr.!r, Fr' t",nrfin COVERAGES ' ' . THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. r TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POLICY ExRPATIBN LIABILITY LIMITS IN THOUSANDS DATE IWAtOAN) DATE OLWDOm) EACH AGGREGATE OCCURRE IGENERAL LIABILITY BODILY © COMPREHENSNE FORM INJURY $ $ © PREMISES/OPERATIONS PROPERTY © DSL ION 8 COLLAPSE HAZARD KXC 6146423 5-1-86 5-1-87 DAMAGE $ $ © PRODUCTS/COMPLETED OPERATIONS © CONTRACTUAL cOMBNED $ 1,000, $ 2,000, II INDEPENDENT CONTRACTORS E BROAD FORM PROPERTY DAMAGE © PERSONAL INJURY PERSONAL INJURY $ 1,000, 7. © Claims Made Form . Occ. AUTOMOBILE LIABILITY . ECOLY E ANY AUTO OS MGR $ ■ ALL OWNED AUTOS(PRIV.PASS.) KXC 6146423 - 5-1-86 5-1-87 wtr ■ ALL OWNED AUTOS OTHER THAN) (psi caw) $ PRN.PASS.I © HIRED AUTOS PROPERTY r E NON-OWNED AUTOS - DAMAGE IE $ GARAGE mom El COMBINED $1 ,000, _ _ _ i' ' EXCESS LIABILITY UMBRELLA FORM -WFIBN ■ ED $ $ . OTHER THAN UMBRELLA FORM — STATUTORY , WORKERS'COMPENSATION KNP 2838342 5-1-86 5-1-87 ' $ 100, (EACH ACCIDENT) AND EMPLOYERS'LIABILITY • $2 000' (DISEASE-POLICY LIMIT) L.._ $ E r (DISEASE-EACH EMPLOYEE) I OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS. • Annual Overlay Project 86-111 - CERTIFICATE HOLDER CANCELLATION' CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATOQN DATE THEREOF, THE ISSUING COMPANY WILL �atiMISEAr}46 10300 Torre Avenue MAIL SU DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO - THE LEFT,BdRF%FXIG AINN6A Cupertino, CA 95014 TiliVOREITEXTE=CIERKEITESEKDTHECESEIRUCENACITEXECESAIRRTRZES. AUTHORIZED REPRESENTATIVE Beverly J. Schmitt Illinal ACORD 25(2184) '.Q 119'/ACORD CORPORATION 1984 CL 245 INSURED RAISCH CONSTRUCTION CO. (11-85) POLICY NUMBER: ICRC 6146423 END. EFFECTIVE: 05/07/86 PAGE 1 OF 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 09 11 85 ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): Location of Covered Operations CITY OF CUPERTINO ANNUAL OVERLAY PROJECT 86-111 AND ITS OFFICERS AND EMPLOYEES Premium Basis Rates Advance Premium Bodily Injury and (Per Property Damage Liability Cost $1000 of cost) $ Total Advance Premium $ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section II) is amended to (a) All work on the project (other than ser- include as an insured the person or organization vice, maintenance,or repairs)to be per- (called "additional insured")shown in the Schedule formed by or on behalf of the additional but only with respect to liability arising out of: insured(s) at the site of the covered op- A. "Your work" for the additional insured(s) at the erations has been completed; or location designated above, or (b) That portion of"your work"out of which B. Acts or omissions of the additional insured(s) in the injury or damage arises has been connection with their general supervision of • put to its intended use by any person or "your work"at the location shown in the Sched- organization other than another con- ule. tractor or subcontractor engaged in per- forming operations for a principal as a 2. With respect to the insurance afforded these addi- part of the same project. tional insureds, the following additional provisions apply: (3) "Bodily injury" or "property damage" aris- A. None of the exclusions under Coverage A, except ing out of any act or omission of the addi- tional insured(s) or any of their employees, exclusions(a), (d),(e),(f),(h2), (i)and(m),apply other than the general supervision of work to this insurance. performed for the additional insured(s) by. B. Additional Exclusions. This insurance jloes not you. apply to: • (1) "Bodily injury" or "property damage" for (4) "Property damage" to: which the additional insured(s) are obli- (a) Property owned, used or occupied by or gated to pay damages by reason of the as- rented to the additional insured(s); sumption of liability in a contract or agree- (b) Property in the care, custody, or control ment. This exclusion does not apply to of the additional insured(s) or over liability for damages that the additional in- which the additional insured(s) are for sured(s) would have in the absence of the any purpose exercising physical con- contract or agreement. trol; or (2) "Bodily injury"or"property damage"occur- (c) "Your work" for the additional in- ring after: - sured(s). ()AUTHENTIC(' Copyright, Insurance Services Office, Inc., 1984 5/7/86 bs 6E24 • ENDORSEMENT PAGE 2 OF 2 • • This endorsement, effective 12:01 A. M. 05/07/86 , forms a part of policy No. KXC 6146423 issued to RAISCH CONSTRUCTION CO. by FIREMAN'S FUND INSURANCE COMPANY • OTHER INSURANCE Subject to all other terms and provisions of the policy, such insurance as provided by this Endorsement shall be deemed primary, but only with respect to work performed by or for the Named Insured in connection with the above— described contract. CANCELLATION CLAUSE • It is hereby understood and agreed that CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 • will be given THIRTY (30) days written notice before any reduction of coverage or cancellation of this insurance is effective. • • • • • ALEXANDER & ALEXANDER OF CALIFORNIA INC • 5/7/86 bs By Auth• zed Representative STATE OF CALIFORNIA COUNTY OF SANTA CLARA)ss, On this 7thday of May , 198 -6 , before me, KATHY D. CATO , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally anpeared RONALD L. SHEARY , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as •the attorney-in-fact of RAISCH CONSTRUCTION CO. , a conart- nership composed of A. J. RAISCH PAVING CO. , a California Corporation, RAISCH PRODUCTS, INC. , a California Corporation, and RAISCH EQUIPMENT CO. , a California corporation, and acknowledged to me that he subscrived the name of RAISCH CONSTRUCTION CO. , a co- partnership composed of A. •J. RAISCH PAVING CO. , a California corporation, RAISCH PRODUCTS, INC. , a California corporation, and RAISCH EQUIPMENT CO. , a California Cor- poration, thereto as principal and his own name as attorney-in-fact. In witness whereof I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first .bove written. LYE .rRP]F]]p,S,,un]inuiiieSISSIM ISSIN SOMIIC,"aEFFYW i OFFICIAL / .�,>„„= ,� C IAL SCA L r l- .a KATHY D. caro' ,�, r 4--iN - .. .1_4 c NOTARY PULIIC - CALIFORNIA ;;;;;y COUNTY OF SANTA CLARA •. 'otary ' N lc n • F or t e ounty o , lard. e 12c. comm. Erp. March 24, 19891 Santa Clara, State of California 4.::1..... e“,?.].fiF:L:idfF::;:CF'aF'S:Y58:CSL00`.ltI -r Bond # U 51 38 25 FAITHFUL PERFORMANCE BOND Premium: $2, 123. KNOW ALL MEN BY THESE PRESENTS: THAT WE, BAUSCH C°NSTRUCTInN CO. as Principal and UNITED PACIFIC INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of FOUR HUNDRED SEVENTY ONE THOUSAND SEVEN HUNDRED FIFTY EIGHT & 74/100 Dollars ($ 471,758.74 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated May 1986 with the Obligee to do and perform the following work to-wit: ANNUAL OVERLAY, PROJECT 86-111 Overlay various City of Cupertino streets. NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said cgntract, 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 7th day of May , 19 gg . • STATE OF CALIFORNIA SS. • RAISCH CONSTRUCTION CO, County of Santa Clara On May 7, 1986 before me,Patric ia.R...Kra usegy; Notary Public, State of California, duly commissioned and sworn, Principal personally appeared Jody A. John�Qn,...personally known to me to be the Attorney-in-Fact of the Corporate Surety that Ronald L. Sheary, Attorney-in,-Fact executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation UNITED PACIFIC INSURANCE COMPANY herein named and acknowledged to me that such Corporation Surety executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official eal in the County of.SanSa.0 Lara.. ,. the day and By: year in tl}�Cert'ficat- first a6gye wrist n. At y A. Fact U 11(s\ / J Jocy A. hnson is da of i , y 19 • PATRICIA R. KRAUSE I NOTARY PUBLIC-CALIFORNIA SALITA CL",R9 COUNTY MyCommission Exp.Dec.28,1986 - LABOR AND MATERIAL BOND Bond # U 51 38 25 Premium: $2, 123. KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and RAISCH CONSTRUCTION CO. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, andUNITED PACIFIC INSURANCE COMPANY as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who .perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of FOUR HUNDRED SEVENTY ONE THOUSAND SEVEN HUNDRED FIFTY EIGHT AND 74/100 DOLLARS ($ 471,758.74 ) , 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. rr STATE OF CALIFORNIA • COUNTY OF SANTA CLARA)ss, . On this 7thday of May , 198 .6 , before me, KATHY D. CATO " , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared RONALD L. SHEARY ' • , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as 'the attorney-in-fact of RAISCH CONSTRUCTION CO. , a conart- ; nership composed of A. J. RAISCH PAVING CO. , a California Corporation, RAISCH PRODUCTS, INC. , a California Corporation, and RAISCH EQUIPMENT CO. , a California corporation, and acknowledged to me that he subscrived the name of RAISCH CONSTRUCTION CO. , a co- partnership composed of A. J. RAISCH PAVING CO. , a .California corporation, RAISCH ' PRODUCTS, INC. , a California corporation, and 'RAISCH EQUIPMENT CO. , a California Cor- , F A poration, thereto as principal and his own name as attorney-in-fact. • i In witness whereof I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. . Womani uC BBMI„i1[,eBIBMIIIIIB,Blslst11111011,1© ••I OFFICIAL SEAL .i "�-v � NOTI.RY PUBLIC — CALIFORNIA P. , 4.—ail �rCOUNTY OF SANTA CLARA 1 I 'r�� otary -GI c n an. or t • ounty o ,q n Comm. Exp. March 24, 1989 jj�� Santa Clara, State of California . :j��rl L, , L,.iLi�°k[.:C[ :tl ^IIBL'[62e:Css[B::sC1 e[:voieCYMfr: • • 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 inn day of May , 19 8a . RAISCH CONSTRUCTION CO. • S \ B . k . s al (To be signed by Principal Principal L Sheary, Attorney-in-Fac and Surety. Notary acknowledgments required.) UNITED PACIFIC INSURANCE COMPANY Surety STATE OF CALIFORNIA SS. By:C:i410 ': (--41/A4 I — County of Santa Clara Attorney-11 —Fac.I May 7, 1986 before me, Ratricia.R..Krause.On Jody A. Johnson % Notary Public, State of California, duly commissioned and sworn, personally appeared.).Ody.A....OWatson....personally known to me to be the Attorney-in-Fact of the Corporate Surety that executed the within instrument, and known to me to be the person who executed the Said instrument on behalf of the Corporation herein named and acknowledged to me that such Corporation executed the same. d this day of IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of..Santa.Ciara.... the day and . year in t.i ce tificate t abqy'e w�y1attgn. - /J( •N4�i ', PATRICIA ' NOT.ARYPUBLIC-CALIFORNIA l-2s SANTA CLARA COUNTY ;,.,�y , My Commission Exp.0oc.2B,1988 • p • �1 6/17/85 UNI'r. D PACIFIC INSURANCE1 COMPANY r • HEADOFFICE,FEDERAL WAY, WASHINGTON - - POWER OF ATTORNEY • KNOW ALL MEN BY THESE PRESENTS,That the UNITED PACIFIC INSURANCE COMPANY,a corporation duly organized under the laws of the State of Wa tington,does hereby make,constitute and appoint - . JODY A. JOHNSON of SAN JOSE, CALIFORNIA--- its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and al its act and deed • ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and tobind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Exeartive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By•Laws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7,1978,which provisions are now in full force and effect,reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1, The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to la)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and (b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertaking.,recognizances,contracts of indemnity and other.writingsobligatory in the nature thereof. • 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by,the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at erecting held on the 5th day of June, 1979,at which a quorum was present,and said Resolution has not been amended or repealed: - -- - ' "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile . signatures or facsimile seal.shall be valid,and binding upon the Company and any such power so executed and certified by - facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached:' IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate I seal to be hereto affixed,this 6th day of August 19 84 %•N UNITED PAC/I IC INSURANC [OMP NY NY :t SEAL\ 1 //�, • -1..; / / Vice President STATE OF Washington COUNTY OF Kinss. King On this 6th day of August , 1984,personalty appeared Charles B. Schmalz to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY,and acknowledged that he executed and attested the fore- going instrument and affixed the seal of said corporation thereto, and that Article VII,Section 1, 2, and 3 of the By-Laws of said Company, and the ' Resolution,set forth therein,are still in full force. . ~ ./IF / MY Communion Expires: .40e - ..4-411• < /_ //'`d -4"— July 20 1g 86 \' Notary P tic in and for State of Washington I Milton Re:iding at I, Charles J. Faiskow , Assistant Secretary al the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY,which is still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company this 7th day of May 19. 86 • v 51 SEAL)! __ Au000 : inant Secretary �� CJ.Jj/J42. { -