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86-126 Anza Engineering Company, Stevens Canyon Rd Widening @ San Juan
moi* „ '; • Imo” l Citti of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino,California 95014 Cupertino,California 95015 OFFICE OF THE CITY CLERK July 25, 0986 Anza Engineering Company P. 0. Box 5216 Redwood City, CA 94063 STEVENS CANYON ROAD WIDENING AT SAN JUAN ROAD PROJECT 83-06 't. We are enclosing to you for your files one (1) copy of the Contract for Public Work between the City of Cupertino and Anza Engineering Corporation which has been fully executed by City Officials, also enclosed please find your bid bond; Sincerey, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTIN0 DC/so encl. cc: Department of Public Works CONTRACT FOR PUBLIC WORKS CONTRACT made on 6th day of June by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and ANZA ENGINEERING CORPORATION hereinafter called the CONTRACTOR,. IT IS HEREBY AGREED by the partiesas follows : 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents : A. Plans and Specifications for STEVENS CANYON ROAD WIDENING @ SAN JUAN ROAD PROJECT 83-06 B. Faithful Performance Bond, Labor and Materials Bond,Insurance Certificate C. This Contract D. Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR are fullysetforthanddescribedherein. All of the above documents are intended to cooperate so that anyworkcalledforinoneandnotmentionedintheother, or viceversa, is to be executed the same as if mentioned in all of saiddocuments. The documents comprising the complete contract aresometimeshereinafterreferredtoastheContractDocuments. IncaseofconflictbetweenthePlansandtheSpecificationsonthe •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 Stevens Canyon Road Widening @ San JuanJuanRoad,as called for, and in themannerdesignatedin , and in strict conformity with, the Plans, andSpecificationspreparedby:Mr . Bert J . Viskovich, Director ofPublicWorksandadoptedbytheCity, which Plans andSpecificationsareentitled, respectively, STEVENS CANYON ROAD WIDENING @ SAN JUAN ROAD, PROJECT 83-06 Page 1 and which Plans and Specifications are identified by the signaturesofthepartiestothisContract. it is understood and agreed thatsaidtools,equipment,apparatus,facilities, labor,transportation, and material shall be furnished, and that said workshallbeperformedandcompletedasrequiredinsaidPlansandSpecificationsunderthesoledirectionoftheContractor, butsubjecttotheinspectionandapprovaloftheCity, or itsrepresentative. The City hereby designates as its representativeforthepurposeofthisContract: Mr. Bert J . Viskovich, DirectorofPublicWorks. 3 . CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to bedone, the sum of : TWELVE THOUSAND NINE HUNDRED NINETY THREE AND NO/100 DOLLARS ($12,993.00) subject to additions and deductions as provided in the ContractDocuments, per Exhibit "A" attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any disputeariserespectingthetruevalueoftheworkdone, or any workomitted, or of any extra work which the Contractor may be requiredtodo, or respecting the size of any payment to the ContractorduringtheperformanceofthisContract, said dispute. shall bedeterminedeitherbyreferencetotheunitofprices, ifapplicable, or in accordance with the agreement of prices, ifapplicable, or in accordance with the agreement of the parties, orinaccordancewiththerulesoftheAmericanArbitrationAssociationifthepartiesareunabletoagree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at hisexpense, obtain all necessary permits and licenses, easements,eic. , for the construction of the project, give all necessarynotices, pay all fees required by law, and comply with all laws,ordinances, rules and regulations relating to the work and to thepreservationofthepublichealthandsafety. • 6. INSPECTION BY THE CITY. The Contractor shall at all times maintain proper---facilities and provide safe access for inspectionbytheCitytoallpartsofthework, - and to the shops wherein theworkisinpreparation. Where the Specifications require work to 'be specially tested or approved, it shall not be tested or coveredupwithouttimelynoticetotheCityofitsreadinessforinspectionandwithouttheapprovalthereoforconsenttheretobythelatter.Should any such work be covered up without suchnotice, approval, or consent, it must, if required by the City, beuncoveredforexaminationattheContractor' s expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at anytimeduringtheprogressoftheworkrequire- any alterations, Page '2 deviations, additions or omissions from the Specifications or PlansortheContractDocuments, it shall have the right to do so, andthesameshallinnowayaffectormakevoidthecontract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either byreferencetotheunitprices, if applicable, or in accordance withtheagreementoftheparties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the city, duly authorized by resolution ofitsgoverningbody, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS.The City shallhavetherighttomakechangesinthisContractduringthecourse of construction to bring the completed improvements into compliance with environmental requirements or standards established by StateandFederalstatutesandregulationsaftertheContracthasbeen awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, orinaccordancewiththeagreementoftheparties, 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 maybeterminated, 'amended or modified, with the mutual consent of the parties.The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by referencetotheunitprice, if applicable, or in accordance with the agreement of the parties, or •in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: Twenty (20) .,working days from approval 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 bycontractorotherwise, or by changes ordered in the work, or bystrikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor' s control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of • completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delaybyeitherpartyunderotherprovisionsintheContractDocuments. Page 3 11. , INSPECTION AND TESTING 'OP MATERIALS. The Contractor shallnotifytheCityasufficienttimeinadvanceofthemanufactureorproductionofmaterialstobesuppliedbyhimunderthisContract,in order that the City may arrange for mill or factory inspectionandtestingofthe.same, if the City requests such notice from theContractor. 12. TERMINATION FOR BREACH, ETC.if the Contractor should beadjudgedabankrupt, or if he should make a general assignment forthebenefitofhiscreditors, or if a receiver should be appointedonaccountofhisinsolvency, or if he or any of his subcontractorsshouldviolateanyoftheprovisionsoftheContract, the City mayservewrittennoticeuponhimandhissuretyofitsintentiontoterminatetheContract, such notice to contain the reasons for suchintentiontoterminatetheContract, and unless within ten daysafterservingofsuchnotice, such violation shall cease andsatisfactoryarrangementsforcorrectionsthereofbemade, theContractshall, upon the expiration of said ten days, cease andterminate. In the event of any such termination, the City shallimmediatelyservewrittennoticethereofuponthesuretyandtheContractor, and the surety shall have the right to take over and'perform the Contract; provided, however, that, if the surety withinfifteendaysaftertheservingupon . it of notice of terminationdoesnotgivetheCitywrittennoticeofitsintentiontotakeoverandperformtheContract, or does not commence performance thereofwithinthirtydaysfromthedateoftheservingofsuchnotice, theCitymaytakeovertheworkandprosecutethesametocompletionbycontract, or by any other method it may deem advisable, for theaccountandattheexpenseoftheContractor, and the ContractorandhissuretyshallbeliabletotheCityforanyexcesscostoccasionedbytheCitythereby, and in such event the City may,without liability for so doing, take possession of, and utilize incompletingthework, such materials, appliances, plant and otherpropertybelongingtotheContractorasmaybeonthesiteoftheworkandnecessarytherefor. 13.THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKEAPPLICATIONTHEREOF. In addition to the amount which the City mayretainunderParagraph21ofthisContractuntilthefinal .completion and acceptance of all .work covered by the Contract, theCitymaywithholdfrompaymenttotheContractorsuchanamountoramountsasin-its. judgment may be necessary to pay just claimsagainsttheContractororanysubcontractorsforlaborandservicesrenderedandmaterialsfurnishedinandaboutthework. The Citymayapplysuchwithheldamountoramountstothepaymentofsuchclaimsinitsdiscretion. In so doing, the City shall be deemedtheagentoftheContractor, and any payment so made by the CityshallbeconsideredasapaymentmadeundertheContractbytheCitytotheContractor, and the City shall not be liable to theContractorforanysuchpaymentmadeingoodfaith. Such paymentmaybemadewithoutpriorjudicialdeterminationoftheclaimorclaims.With respect to any retention of payment by the City toensureperformanceoftheContract, Contractor will be entitled tosubstitutesecuritiesasprovidedinSection4590oftheCaliforniaGovernmentCodeasmorefullydescribedintheCity's - Notice toContractors. Page 4 14. NOTICE• AND SERVICE THEREOF.Any notice from one party tdtheotherunderthisContractshallbeinwriting, and shall •bedatedandsignedeitherbythepartygivingsuchnotice, or by adulyauthorizedrepresentativeofsuchparty.Any such noticeshallnotbeeffectiveforanypurposewhatsoeverunlessservedinthe eitherllbyinpeSsonal deliveryifthereofthentoithe Cityotce isgManageriventotofpheemrs City, or by depositing the same in the United States mails,enclosed in a sealed envelope, addressed to the City, postageprepaidandcertified;b) if the notice is given to theContractor., either by personal delivery thereof to the Contractor,or to his duly authorized representative at the site of theproject, or by depositing the same in the United States mails,enclosed in a sealed envelope, addressed to said Contractor at: P.O. BOX 5216, REDWOOD CITY, CALIFORNIA 94063 postage prepaid and certified; and (c) if the notice is given tothesuretyoranyotherperson, either by personal delivery to suchsuretyorotherperson, or by depositing the same in the UnitedStatesmails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such suretyorpersonlastcommunicatedbyhimtothepartygivingthenotice,postage prepaid and certified. 15.ASSIGNMENT OF CONTRACT. Neither the Contract, nor any partthereof, nor moneys due or to become due thereunder, may beassignedbytheContractorwithoutthepriorwrittenapprovaloftheCity. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS.Whenever intheSpecifications, any material or process is indicated orspecifiedbypatentorproprietaryname, or by name ofmanufacturer, such Specifications must be met by Contractor, unlessCheCityagreesinwritingtosomeothermaterial, process orarticleofferedbyContractorwhichisequalinallrespectstotheonespecified. 17. CONTRACT SECURITY. The Contractor shall furnish a suretybondinanamountatleastequaltoonehundredpercent (100%) ofthecontractpriceassecurityforthefaithfulperformanceofthisContract. The Contractor shall also furnish a separate surety bondinanamountatleastequaltoonehundredpercent (100%) of the'contract price as security for the payment of all persons ' forfurnishingmaterials, provisions, provender, or other supplies,used in, upon, for or about the performance of the work contractedtobedone, or for performing any work or labor thereon of any ,kind, and for the payment of amounts due under the UnemploymentInsuranceCodewithrespecttosuchworkorlaborinconnectionwiththisContract, and for the payment of a reasonable attorney'sfeetobefixedbythecourtincasesuitisbroughtuponthebond. Page 5 18 . INSURANCE.The Contractor shall not commence work under this Contract until he has obtained all insurance required by theCity, nor shall the Contractor allow any subcontractor to commenceworkonhissubcontractuntilallsimilarinsurancerequiredofthesubcontractorhasbeensoobtainedandapproved. The ContractorshallfurnishtheCitywithsatisfactoryproofofthecarriageofinsurancerequired, and there shall be a specific contractualliabilityendorsementextendingtheContractor's coverage toincludethecontractualliabilityassumedbytheContractorpursuanttothisContractandparticularlyParagraph19hereof.Any policy of insurance required of the Contractor under this 'Contract shall also contain an endorsement providing that thirty30) days' notice must be given in writing to the City of anypendingchangeinthelimitsofliabilityorofanycancellationormodificationofthepolicy. a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITYINSURANCE. The Contractor shall take Alt and maintain during thelifeofthisContractWorker'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, theContractorshallrequirethesubcontractorsimilarlytoprovideWorker's Compensation Insurance and Employer's LiabilityInsuranceforallofthelatter's employees unless such employeesarecoveredbytheprotectionaffordedbytheContractor. In signing this Contract the Contractor makes the followingcertification, required by Section 1861 of the Labor Code: I am award of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability forworker's compensation or to undertake self insurance inaccordancewiththeprovisionsoftheCode, and I will complyWithsuchprovisionsbeforecommencingtheperformanceoftheworkofthiscontract."' b) LIABILITY INSURANCE.The Contractor shall take out and maintain during the life of this Contract such Bodily InjuryLiabilityandPropertyDamageLiabilityInsuranceasshall . protect him and any- subcontractor performing work covered by thisContractfromclaimsforproperty, damage, including third-partypropertydamage, to include coverage on property in the care,custody and control of the Contractor, and also excluding what -are commonly known as the "X, C, and, U" exclusions (having to do 'with blasting, collapse, and underground property damage) , whichmayarisefromContractor's operations under this Contract, whether such operations be by himself or by any subcontractor orbyanyonedirectlyorindirectlyemployedbyeitherofthemand .the amounts of such insurance shall be as follows: Bodily Iniury Liability Insurance in an amount not less than300,000.00 for injuries, including accidental death, to any, oneperson, and subject to the name limit for each person, in anamountnotlessthan $500,000.00 on account of one accident, and Page 6 2 Property Damage Liability Insurance in an amount not less than200,000 .00 . The City and its officers and employees, shall benamedasadditionalinsuredsonanysuchpoliciesofinsurance,which shall also contain a provision that the insurance affordedinsuratherebyetssand shally be primary and thatiftheCity, or its officers and employees, haveoother insuranceagainstalosscoveredbysuchpolicy, such other insurance shallbeexcessinsuranceonly. 19 . HOLD HARMLESS. The Contractor will save, keep, and holdharmlesstheCityandallofficers, employees, and agents thereoffromalldamages, costs, or expenses, in law or in equity, that mayatanytimeariseorbesetupbecauseofpersonalinjuryordamagetopropertysustainedbyanypersonorpersonsbyreasonof, or inthecourseoftheperformanceofsaidwork, or by reason of anyinfringementorallegedinfringementofthepatentrightsofanypin, on, persons, ousaid work, firm or ofranyon inarticleoorematerialuence osupplieduse orinstalledunderthisContract.Notwithstanding the above, theContractorshallwhereveritisnecessarykeepandmaintainathissolecostandexpenseduringthecourseofhisoperationsunderthisContractsuchwarnings, signs, and barriers as may be requiredtoprotectthepublic. The provisions of the preceding sentenceshallnotimposeanyliabilityupontheCityandarefortheexpressbenefitofthegeneralpublic. 20 . HOURS OF WORK. Eight hours of labor during any one calendardayandforty ' hours of labor during any one calendar week shallconstitutethemaximumhoursofserviceuponallworkdonehereunder, and it is expressly stipulated that no laborer, workman,or mechanic employed at any time by the Contractor or by anysubcontractororsubcontractorsunderthisContract, upon the workoruponanypartoftheworkcontemplatedbythisContract, shallbe- required or permitted to work thereon more than' eight hoursduringanyonecalendardayandfortyhoursduringanyonecalendarweek, except, as provided by Section 1815 of the Labor Code of theStateofCalifornia, 'work performed by employees of contractors inexcessofeighthours-per day and forty hours during any one week •shall be permitted upon public work upon compensation for all hoursworkedinexcessofeighthoursperdayatnotlessthanoneandone-half of It is further exessl .stipulated times thattforbasic each andeeveryaayviolation of Sections 1811-1815,inclusive, of the Labor Code of the State of California, all theprovisionswhereofaredeemedtobeincorporatedherein, theContractotshallforfeit, as a penalty to the City, twenty-fivedollars ($25.00 ) for• each laborer, worker, or mechanic employed intheexecutionofthisContractbyContractor, or by anysubcontractorunderthisContract, for each calendar day duringwhichsaidlaborer, worker, or mechanic is required or permitted toworkmorethaneighthoursinanyonecalendardayandfortyhoursinanyonecalendarweekinviolationoftheprovisionsofsaidSectionsoftheLaborCode. Page 7 The Contractor,each record showing the names ofandsuactuala- hourshall sworkedeeach calendardayandeachcalendarweekbyalllaborers, workmen, and mechanicsemployedbyhiminconnectionwiththeworkcontemplatedbythisContract, which record . shall be open at all reasonable hours to theinspectionoftheCityofitsofficersoragentsandtotheDivisionofLaborLawEnforcementoftheDepartmentofindustrialRelationsoftheStateofCalifornia. 21. WAGE RATES. Pursuant to the Labor Code of the State ofCalifornia,or local law thereto applicable, the City hasascertainedthegeneralprevailingrateofperdiemwagesandratesforholidaysandovertimeinthelocalityinwhichthisworkistobeperformed, for each craft, classification, or type of laborer,workman, or mechanic needed to execute this Contract.TheprevailingwagessodeterminedaresetforthintheSpecificationsandmadeaparthereof.Neither the notice inviting bids nor thisContractshallconstitutearepresentationoffactastotheprevailingwageratesuponwhichthe . Contractor or anysubcontractorunderhimmaybaseanyclaimagainsttheCity. 1776. (a) Each Contractor and subcontractor shall keep anaccuratepayrollrecord, showing the name, address, social securitynumber, work classification, straight time and overtime hoursworkedeachdayandweek, and the actual per diem wages paid toeachjourneyman, apprentice, worker, or other employee employed by.him or her connection with the public work. certified payroll and recordsrenumerated subdivision (a)hallbeavailablefor inspectiontaall reasonablehoursattheprincipalofficeoftheContractoronthefollowingbasis: 1) A certified copy of an employee' s payroll record shall bemadeavailableforinspectionorfurnishedtosuchemployeeorhisorherauthorizedrepresentativeonrequest. 2) A certified copy of all payroll records enumerated in •subdivision (a) 'shall be made available for inspection orfurnishedupon •request to a representative of the body awardingthecontract, the Division of Labor Standards Enforcement andtheDivisionofApprenticeshipStandardsoftheDepartmentofIndustrialRelations. 3 ) A certified copy of all payroll records enumerated insubdivision (a) shall be made available upon request to thepublicforinspectionorcopiesthereofmade, provided,however, that a request by the public shall be made througheitherthebodyawardingthecontract,the Division of •Apprenticeship Standards, or the Division of Labor StandardsEnforcement. The public shall not be given access to suchrecordsattheprincipalofficeoftheContractor. c) Each Contractor shall file a certified copy of the recordsenumeratedinsubdivision (a) with the entity that - requested suchrecordswithinten (10 ) days after receipt of a written request. Page 8 d) Any copy of records. made available for inspection as copies•and furnished upon request to the public or any public agency bytheawardingbids, the Division of Apprenticeship Standards or theDivisionofLaborStandardsEnforcementshallbemarkedorobliterated . in such ' a manner as to prevent disclosure of anindividual's name, address and social security number. The nameandaddressoftheContractorawardedthecontractorperformingthecontractshallnotbemarkedorobliterated. e) The Contractor shall inform the body awarding the contract ofthelocationoftherecordsenumeratedundersubdivision (a) ,including the street address, city and county and shall, withinfiveworkingdays, provide a notice of a change of location andaddress. f) In the event of noncompliance with the requirements of thissection, the Contractor shall have ten (10) days in which to complysubsequenttoreceiptofwrittennoticespecifying' in what respectssuchContractormustcomplywiththissection.Shouldnoncompliancestillbeevidentaftersuchten (10) day period, theContractorshall, • as a penalty to the state of politicalsubdivisiononwhosebehalfthecontractisjadeorawarded,forfeit twenty-five dollars ($25.00) for each calendar day orportionthereof, for each worker, until strict compliance iseffectuated. Upon the request of the Division of ApprenticeshipStandardsortheDivisionofLaborStandardsEnforcement, suchpenaltiesshallbewithheldfromprogresspaymentsthendue. g) The body 'awarding the contract shall cause to be inserted inthecontractstipulationstoeffectuatethissection. Suchstipulationsshallfixtheresponsibilityforcompliancewiththissectionontheprimecontractor. h) The director shall adopt rules consistent with the CaliforniaPisblicRecordsAct, (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 establishmentofreasonablefeesto.: be charged for reproducing copies of recordsrequiredbythissection. (Added by Stats. 1978, Ch. 1249) . 1775.5 Nothin`q' in this chapter shall prevent the employment of .properly registered apprentices upon public work. Every such apprentice shall •be paid the standard wage paid toapprenticesundertheregulationsofthecraftortradeatwhichheisemployed, and shall be employed only at the work of the craft ortradetowhichheisregistered. Page 9 • J Only apprentices, as defined in Section 3077, who are in trainingunderapprenticeshipstandardsandwrittenapprenticeagreements 'under Chapter 4 (commencing with Section 3070) , Division 3, of theLaborCode, are *eligible to be employed on public works.Theemploymentandtraining. of each apprentice shall be in accordancewiththeprovisionsoftheapprenticeshipstandardsandapprenticeagreementsunderwhichheistraining. When the Contractor to whom the contract is awarded by the •stateoranypoliticalsubdivision, or any • subcontractor under him, inperforminganyoftheworkunderthecontractorsubcontract,employs workmen in any apprenticeable craft or trade, theContractorandsubcontractorshallapplytothejointapprenticeshipcommitteeadministeringtheapprenticeshipstandardsofthecraftortradeintheareaofthesiteorthepublicworkforacertificateapprovingtheContractororsubcontractorundertheapprenticeshipstandardsfortheemploymentandtrainingofapprenticeshipsintheareaorindustryaffected; provided,however, ' that the approval as established by the jointapprenticeshipcommitteeorcommitteesshallbesubjecttotheapprovalofthe ' Administrator of Apprenticeship. The joint con apprenticeship the subcttractororsubcontractor, or shall 8earrange o forthedispatchjeofapprenticestotheContractororsubcontractorinordertocomplywiththissection. There shall be an affirmative duty upon thejointapprenticeshipcommitteeorcommitteesadministeringtheapprenticeshipstandardsofthecraftortradeintheareaofthesiteofthepublicworktoensureequalemploymentandaffirmativeactioninapprenticeshipforwomenandminorities. Contractors orsubcontractorsshallnotberequiredtosubmitindividualapplicationsforapprovaltolocaljointapprenticeshipcommitteesprovidedtheyarealreadycoveredbythelocalapprenticeshipstandards. The ratio of apprentices to journeymen who shall beemployedinthecraftortradeonthepublicworkmaybetheratiostipulated ' in the apprenticeship standards under.which the jointapprenticeshipcommitteeoperatesbutinnocaseshalltheratiobelessthanoneapprenticeforeachfivejourneymen, except asotherwiseprovidedinthissection. The Contractor or subcontractor, if he is covered by ' thissection, upon the issuance of the approval certificate, or if hehasbeenpreviouslyapprovedinsuchcraftortrade, shall employthenumberofapprenticesortheratioofapprenticestojourneymen'stipulated in the apprenticeship standards. Upon proper showing by'the Contractor that he employs apprentices in such craft or tradeinthestateonallofthiscontractonanannualaverageofnotlessthan.one apprentice to each five journeymen, the Division ofApprenticeshipStandardsmaygrantacertificateexemptingtheContractorforthe1-to-5 ratio as set forth in this section. Thissectionshallnotapplytocontractsofgeneralcontractorsinvolvinglessthanthirtythousand ($30,000.00:) or twenty (20)workin4 days or to contracts of specialty contractors not biddingforworkthroughageneralorprimecontractor, involving less thantwothousanddollars ($2,000 .00) or fewer than five (5) workingdays. Page 10 Apprenticeable craft or' trade,as used in this section, shallmeanacraftortradedeterminedasanapprenticeableoccupationinaccordancewithrulesandregulationsprescribedbytheApprenticeshipCouncil.The joint apprenticeship committee shallhavethediscretion 'to grant a certificate, which shall be subjecttotheapprovalofthe, Administrator of Apprenticeship, exempting. acontractorfromthe1-to-5 ratio set forth in this section when itfindsthatanyoneofthefollowingconditionsare 'net: a) In the event unemployment for the previous three month periodinsuchareaexceedsanaverageof15percent, or b) In the event the number of apprentices in training in suchareaexceedsaratioof1-to-5, or c) If there is a showing that the apprenticeable craft or tradeisreplacingatleastone-thirtieth of its journeymen annuallythroughapprenticeshiptraining, either (1) on a statewide basis,or (2) on a local basis. d) If assignment of an apprentice to any work performed under apublicworkscontractwouldcreateaconditionwhichwouldjeopardizehislifeorthelife, safety, or property of fellowemployeesofthepublicatlargeifthespecifictasktowhichtheapprentice When such exemptions are granted to an organization whichrepresentscontractorsinaspecifictradefromthe1to5ratioonalocalorstatewidebasisthemembercontractorswillnotberequiredtosubmitindividualapplicationsforapprovaltolocaljointapprenticeshipcommittees, provided they are already coveredbythelocalapprenticeshipstandards. A contractor to whom the contract is awarded; or anysubcontractorunderhim, who, in performing any of the work, underthe •contract, employs journeymen or apprentices in anyapprenticeablecraftortradeandwhoisnotcontributingtoafunddrfundstoadministerandconducttheapprenticeshipprograminany. such craft or trade in the area of the site of the public •wSiteork, to which fund or funds other contractors in the area of thefund orf funds pinleachic wcraftarore ctradebiniwhichhhelemcontloysbjou to the or apprentices on the public work in the same amount uponurneymen same basis and in the same manner as the other contractors do, butwherethe 'trust fund administrators - are unable to accept suchfunds, contractors not signatory to the trust agreement shall pay alikeamounttotheCaliforniaApprenticeshipCouncil. , Thecontractororsubcontractormayaddtheamountofsuchcontributionsincomputinghisbidforthecontract. The DivisionofCabotStandardsEnforcementisauthorizedtoenforcethepaymentof. ®u0h?•Contributions to the fund or funds as set forth in Section227. Page 11 J body athewarding ontct shallto insertedstipulationstoeffectuatethissec insection.Such •stipulations shall fix the responsibility of compliance with thissectionfor .all apprenticeable occupations withthe primecontractor. All decisions of . the joint apprenticeship committee under thissectionaresubjecttotheprovisionsofSection3081 . . (Amended byStats. 1976, Ch. 1179) 1777.6 It shall be unlawful for an employer of a labor union torefusetoacceptotherwisequalifiedemployeesasregisteredapprenticesonanypublicworks, on the ground of the race,religious creed, color, national origin, ancestry, sex, or age,except as provided in Section 3077, of such employee. (Amended byStat, 1976, Ch. 1179) 1777.7 (a)• In the event a contractor willfully fails to complywiththeprovisionsofSection1777.5, such contractor shall: 1) Be denied .the right to bid on any public works contract for aperiodofoneyearfromthedatethedeterminationofnoncomplianceismadebytheAdministratorofApprenticeship; and 2) •Forfeit ad a civil penalty in the sum of fifty dollars50 .00.1 for each calendar day of noncompliance. NothWithstand'ingtheprovisiongofSection1727, upon receipt of such adeterminationtheawardingbodyshallwithholdfromcontractprogresspaymentsthendueortobecomeduesuchsum. b)Any such determination shall be issued after a fullinvestigation, a fair and impartial hearing, and reasonable .noticethereofinaccordancewithreasonablerulesandproceduresprescribedbytheCaliforniaApprenticeshipCouncil. c) Any ' funds withheld by the awarding body pursuant to thissectionshallbedepositedinthegeneralfundiftheawardingbodyisastateentity, or in the equivalent fund of an awarding body ifsuchawardingbodyisanentityotherthanthestate. The shall interpretation accordance' withortheenrules$ eandons 1777.5 proceduresndof77theCaliforniaApprenticeshipCouncil. (Amended by Stats, 1978, Ch.1249) It shall be mandatory upon the Contractor, and upon anysubcontractorunderhim, to pay not less than the said specifiedratestoalllaborers, workmen, and mechanics employed in theexecution, of the Contract. It is further expressly stipulated thatthe. Contractor shall, as a penalty to the City, forfeit twenty-fivedollatg1$25.00) for each calendar day, or portion thereof, foreachlabotereworkman, or mechanic paid less than the stipulatedYetiilingratesforanyworkdoneunderthisContractbyhimorbyc ?Any :aubcontractor under work done under this Contract by him or byshy • subcontractor under him; and Contractor agrees to comply withallprovisionsofSection. 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, anypersoninatradeor , occupation (except executives; supervisory,administrative, clerical, or other non-manual workers, as such) forwhichnominimum • wage rate is herein specified, the Contractorshall , immediately notify the City, who will promptly thereafterdeterminetheprevailingrateforsuchadditionaltradeor occupation and shall furnish the Contractor with the minimum ratebasedthereon. The minimum rate thus furnished shall be applicableasaminimumforsuchtradeoroccupationfromthetimeof • theinitialemploymentofthepersonaffectedandduringthecontinuanceofsuchemployment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at alltimesfortheprotectionofpersons (including employees) andproperty. The safety provisions of applicable laws, building andconstructioncodesshallbeobserved. Machinery, equipment, andotherhazardsshallbeguarded. or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by theIndustrialAccidentCommissionoftheStateofCalifornia. 23.PAYMENT. Not later than the first Tuesday of each calendarmonth, the City will make partial payment to the Contractor on thebasisofadulycertifiedapprovalestimateoftheworkperformedandmaterialsincorporatedintheproject, during the precedingcalendarmonth, by the Contractor, but the City will retain ten percent (10%) of the amount of each of said estimates until theexpirationofthirty-five (35) days from the date of recording bytheCityofnoticeofacceptanceofcompletionofallworkcoveredbythisContract, if such notice be recorded within ten days aftertheacceptanceofcompletionofsuchContractasevidencedbyresolutionofitsgoverningbody; or, if such notice be not sorecordedwithintendays, 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 .andnotbefore, the City shall pay to the Contractor the whole of theremainingtenpercent (10%) of said contract price so held back as provided; said certificates to be furnished by and obtained fromtheCity' s representative shall, before the last Tuesday of each .month, deliver said Certificates under hand to the City, or in lieuofsuchcertificates, shall deliver to the Contractor, in writing,under his hand;- • a just and true reason for not issuing thecertificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate .of 'completion.In event of the failure of the City's representativetofurnishanddeliversaidcertificatesoranyofthemorinlieu Page 13 thereof, the writing aforesaid, within ten (10) days after thetimesaforesaid, and after written demand has been made upon himforthesame, the Contractor may file demand with the City, and, ineventsaidcertificatesarenotfurnishedwithinten (10) daysthereafter, the same shall become due and payable. In case the City's representative delivers the writing• aforesaid,in lieu of the certificates, then a compliance by the ContractorwiththerequirementsofsaidwritingshallentitletheContractortothecertificates. The payment of progress payments by the City shall not beconstruedasanabsoluteacceptanceoftheworkdoneuptothetimeofsuchpayments, but the entire work is to be subjected to theinspectionandapprovaloftheCity, and subject to whateverinspectionandapprovalmayberequiredbylaw. 24. PROTECTION OF PUBLIC UTILITIES.The City shall beresponsibleasbetweenthepartiestothisContractonly, for theremoval, relocation, or protection of existing public utilities, ifany, located on the site of construction, but only if such publicutilitiesarenotidentifiedbytheCityinthePlansandSpecificationsmadeapartoftheinvitationforbids. The CityshallcompensatetheContractorforcostsincurredinrelocatingorrepairingdamagetoutilityfacilitiesnotindicatedinthePlansandSpecifications, other than service laterals when the presenceofsuchutilitiesontheconstructionsitecan. be inferred from thepresenceofsuchvisiblefacilitiesasbuildingp, and meters andjunctionboxeson, or adjacent to, the construction site. TheContractorshallnotbeassessedliquidateddamagesfordelayincompletionoftheContractproject, as provided in Paragraph 27below, when such delay is caused by the failure of the City, orotherpublicutility, to provide for the removal or relocation oftheexistingutilityfacilities. If the Contractor whileperformingtheContractdiscoversutilityfacilitiesnotidentifiedbytheCityintheContractPlansandSpecifications, the servicelateralsashereinabovedescribed, he shall immediately notify theCityinwriting. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractorshallnotbe -responsible for the cost of repairing or restoringdamagetotheworkcausedbyanActofGod.NEVERTHELESS, theContractorshall, if the insurance premium is a separate bid item, •obtain the insurance to indemnify the City for any damage to theworkcausedbyanActofGod. "Acts of God" shall include only thefollowingoccurrencesorconditionsandeffects:earthquakes andtidalwaves, when such occurrences or conditions and effects havebeenproclaimedadisasterorstateofemergencybytheGovernoroftheStateofCaliforniaorbythePresidentoftheUnitedStates, 'or were of a magnitude at the site of the work sufficient to havecausedaproclamationofdisasterorstateofemergencyhavingoccurredinapopulatedarea. Subject to the foregoing, the Cityshallnot, , in any way or manner, be answerable or suffer loss,damage, expense or liability for any loss or damage that may happentosaidbuilding, work, or equipment or any part• thereof, or in, Page 14 n ' on, or about the same during its construction and before ' acceptance. 26.CONTRACTOR'S GUARANTEE.The Contractor unqualifiedlyguaranteesthefirst-class quality of all workmanship and of allmaterials, apparatus, and equipment used or installed by him or byanysubcontractorofsupplierintheprojectwhichisthesubject of this Contract, unless a lesser quality is expressly authorizedinthePlansandSpecifications, in which event the Contractorunqualifiedlyguaranteessuchlesserquality; and that the work as performed by the Contractor will conform with the Plans andSpecificationsoranywrittenauthorizeddeviationstherefrom. Incaseofanydefectinwork, materials, apparatus or equipment,whether latent or patent, revealed to the City within one (1) yearofthedateofacceptanceofcompletionofthisContractbytheCity, the Contractor' will forthwith remedy such defects withoutcoattothecity. 27. LIQUIDATED DAMAGES. Time shall be of the essence of thisContract. If the Contractor fails to complete, within the timefixedforsuchcompletion, the work hereinbefore mentioned anddescribedandherebycontractedtobedoneandperformed, he shallbecomeliabletotheCityforliquidateddamagesinthesumof FIFTY AND N0/100 DOLLARS ($50.00) for each and every working day during which said work shall remainuncompletedbeyondsuchtimeforcompletionorunlawfulextensionthereof, which sum shall be presumed to be the amount of damagetherebysustainedbytheCitysinceitwouldbeimpracticableor extremely difficult to fix the actual damage; and the amount ofliquidateddamagesmaybedeductedbytheCityfrommoneysduetheContractorhereunder, or his assigns and successors at the time ofcompletion, and his sureties shall be liable to the City anyexcess. 28. • ADDITIONAL PROVISIONS. None Page 15 STATE OF CALIFORNIA On this 18th of June in the year COUNTY OF San Mateo before me Jill Cameron a Notary Public, State of California, duly commissioned and sworn, personally appeared Charles Ward wtmtenttrtteaatutentattat¢tetantttttawettternung personally known to me(orproved to me on the basis of satisfactory evidence) gil JILL CAMERON 5 to be the President/ Anza Engineering CAWhe corporation e::' NOTARY PUBLIC-CALIFORNIAN that executed the within instrument, and also known to me to be thePRINCIPALOFFICEIN SAN MATEO COUNTY Z.1 person who executed the within instrument on behalf of the corpora- 1My CommissiontaExpires March 10, 1987flhtttttttitttti tion therein named, and acknowledged to me that such corporation executed easa ttatttttuttafsa2OIUtattt the same IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the California Coun of San Mateo noaemmem'is only a general mlmwhichmay be proper for use in simple on the tine!forth :.o - in this certificate. transactions and in no way acts.or is intended to act.as a substitutela the advice al anattorney.Thepublisher doesnot mare any warrantyeither expressor implied asto the legalvalidity of any provision or the suitability of these forms in any specific transaction. Cowdery's Form No.28—Acknowledgement otary Public, State of California to ranter.,v„1a;,.—11,,e-nn,-ntinn yn n Rena 11on_11on 11 y'. P.O.' No, ' IN WITNESS WHEREOF, the parties have executed this Contract, induplicate, the day and year first hereinabove written. CITY OF CUPERTINO Approved as to form moi.// t• Mayor: Ve,./Argil sCityAttorneyiClerk: r Date/City Clerks CONTRACTOR: Anza Engineering Corp . P .O . Box 5216 Redwood City, CA 94063 Hy: Notary acknowledgment required. Charles Ward , President If a corporation, corporate seal and corporate notary acknowledgment required, Project, Name and Numbers. STEVENS CANYON ROAD WIDENING @ SAN JUAN ROAD Contractors Name: PROJECT 83-06 ANZA ENGINEERING CORPORATION Contract Amount: TWELVE THOUSAND NINE HUNDRED NINETY THREE AND NO/100 DOLLARS 12,993.00) Contract` Account Numbers. 120-8127-953 Page 16 0 SET TAB STOPS AT ARROWS OP . * CERTIFICATE OF INSURANCE ISSUE DATE(MM/DDM') 6- :-: . 11. PRODUCER'' O.I 2 /+ ( THIS-CERTIFICATE-IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS J um U 19 36 EXTNO END ORUALTO ERT THE COVERAE AORDED BY THEI OLIESOBELOW.AMEND, James E. McGovern, Inc. 1625 El Camino Real PUBLIC WOR(' S COMPANIES AFFORDING COVERAGE Belmont, CA 94002 COMPANYLtiItR AYland Casualty Co. COMPANY BINSUREDLETTER Anza Engineering Corp. COMPANYCOcP.O. Box 5216 IER Redwood City, CA 94063 COMPANY DLETTER COMPANY ELETTER 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. CO POUCY EFFECINE POIICY EWIRADDN LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DALE IMMWDONYI DATE IMMIDOIYI1 EACHOCCURRENCE AGGREGATE GENERAL LIABILITY BODILY COMPREHENSIVE FORM INJURY $ ri PREMISES/OPERATI0N5 PROPERTYIRiaEXPLOSIONUBCOLLAPSEHAZARDGL078558134-5-86 4-5-87 DAMAGE $ ni PRODUCTS/COMPLETED OPERATIONS ES NTRADTUAI COMEwED $ 500, $ 500, rz INDEPENDENT CONTRACTORS ni BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 500, AUTOMOBILE LIABILITY Y El ANY AUTO WAA 8032 4916 4-5-86 4-5-87 INJURY MI ALL OWNED AUTOS(PRN.PASS.) aToax Ell ALL OWNED AUTOS(PINRP ) r NMPERAMIE) $ II HIRED AUTOS PROPERTY NON-OWNED AUTOS .DAMAGE $ GARAGE LIABILITY El 8 PDCOMBINED 11 IIEXCESS LIABILITY illUMBRELLA FORM LTB 5798 7509 4-5-86 4-5-87 COMBWED $2,000, $ 2,000, MI OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION STATUTORY AND TC7 2217 9170 4-1-86 4-1-87 1 11 EACH ACCIDENT) EMPLOYERS'LIABILITY TC7 11,DISEASE-POLICY LIMIT) II 1 • /•\ 1 1 9111; 1 1 DISEASE-EACH EMPLOYEE) IOTHER 1 0 pe I O, 1 S o 1, ers an• emp ogees ,. .0 SO ey as respects liability .. ising out of the opera 'ons of the named insur•-• for this project, per GL2009. This ' 4-i . \ - out t n 9 Tr• CE and if the City of Cupertino or its DESCRIG IaB. E9:';I 1r NrrII 10 ,(TeeIr«•r 5..•m a,erEl2$,1SUranCe aga]ns a OSS covers.. •y a S 1Co icy, SUC other EE: Project Stevens wiceening @ San Juan Rd., Cupertino, CA. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 10300 Torre Ave. EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL IROXIMBODO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Cupertino, CA 95014 LEFT. red dD 9:i;4004.U AJH.' .P10 E"7r1.4: a•VA'..,:4)•h^34'3.>ry•UMU'l Ji.:01 CA,:) •,A,A.:<•s-e_af1.9:1.o a;n:o gn n,Ass/oyo..a:101".u:o<as:., 'EO IC. AaTN: Travice Whitten AUTHORS-I, REPRESENTATX- Jt.v- 0/Ledt - w I ACORD 25(8184) oiv IIR/ACORD CORPORATION 1984 STATE OF CALIFORNIA 1COUNTYOFSanMateo a. 1986Onthis18thdayofJuneintheyear before me, Jill Cameron a NOTARY PUBLIC in and for said Notary's Name) State, personally appeared Greg McCartney personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in- fact of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl- edged to me that he (she) subscribed the name of THE OHIO CASUALTY INSURANCE COMPANY thereto as Surety and his (her own name as attorney-in-fact. reaza REMN ,0.,,:.•ein:iSndJ& JssidesSiabe i - JILL CAMERON i 21 Z NOTARY PUBLIC-CALIFORNIAEMyCommissionExpiresz +v,jai PRINCIPAL OFFICE IN SAN MATEO COUNTY = My Commission Expires March 10,1987 g@ c Anne) P9tilfEiJ3ia WtiULllntneienteiiittifteitWepttnr STATE OF CALIFORNIA On this 18th day of June in the year COUNTY OF San Mateo 1986 before me Jill Cameron a Notary Public, State of California, duly commissioned and sworn, personally appeared Charles Ward euusyss:rerwpemeueebeceseveneraeeeue.anut+l personally known to me(orproved to me on the basis ofsatisfactory evidence)o PresidenJILLCAMERONitobethe of the corporation NOTARY PUBLIC-CALIFORNIA that executed the within instrument, and also known to me to be the X PRINCIPAL OFFICE IN g SAN MATEO COUNTY C person who executed the within instrument on behalf of the corpora- My Commission Expires March 10. 1887 s tion therein named, and acknowledged to me that such corporation executed unuuu Inunumsunaaesaewnuaenrteou0 the same IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the California County of Thisdocumenl¢anlyageneralnorm which beproper taruse in supple San Mateo on the date ,t forth abov'n" this certificate. transactionseel in no wayacts.orIs Intended to act,asasuemnute for mept ( adviceofan attorney.The publisher doesoci makeanywarranty either express or impliedas to thelegal validity of any provision or the suitability of Nese loans Inany specific transaction. N ry Public, State of CaliforniaCowdery's Form No. 28—Acknowledgement to Notary Public—Corporation(C.C. Secs. 1190-1190.1) M,,,,,,,,,,,,;....:,,., ...-..:roc BOND NO. 2-589-147 PREMIUM $187.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, ANZA ENGINEERING CORPORATION as Principal and THE OHIO CASUALTY INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of TWELVE THOUSAND NINE HUNDRED NINETY THREE AND NO/100 Dollars 12,993.00 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 with the Obligee to do and perform the following work to-wit: STEVENS CANYON ROAD WIDENING @ SAN JUAN ROAD PROJECT 83-06 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 18TH day of JUNE 1986 To be signed by Principal and Surety and acknowledgment.) AMA ENGINEERING CORPORATION Principal Charles Ward THE OHIO CASUALTY INSURANCE COMPANY Su44(4BY: At Fact Greq•McCartney The above bond is accepted and approved this day of - 19 S CZEMPIED COPY OF POWER. OF ATTORNEY Mg MEND CASTIJI111111717 1 S NCIE (V©IbLFART KOWWWItulYIC!, HAMILTON, OHIO No. 22-295 Nutty .IP,it fi b W4nitDireaftlie That THE OHIO CASUALTY INSURANCE COMPANY, in paracence of authority grunted by Article VL Section 7 of the By-Latrc of said Company. does hereby nominate,-constitute and appoints James E. McGovern or Greg McCartney of Belmont, California - - - - its truo and lawful agent and attorney -in-fact, to make, oxocute. seal and deliver for end on its behalf no surety, and no its act and dead any and all BONDS. UNDERTAKWGS, and RECOGNIZANCES, not exceeding in any single instance FIVE MILLION 85,000,000.00 - ) Dollar., excluding, however, any bonds) or undortaking(s) guaranteeing the payment of notes and interest thereon And tho execution of such Londe or undertakings in pursuance of these preeents. shall be as binding upon amid Companynofullyandamply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton. Ohio, in their own proper persona. no authority granted hereunder euporeodes any previous authority heretofore granted the above named nttorney(e)-in-fart. O" urq In WITNESS WHEREOF, the undersigned, officer of the said The Ohio Casualtyllll"....fi flee Insurance Company has hereunto subscribed -ansa and affixed the Corp.. •to Seal of the C said The Ohio Casualty Insurance Comp • - a 18th y of Fes uary 1986. gAni SEAL i•; Wear°. F ti...^ . ...it. 14 i• STATE OF OHIO, i Asst. Secret_ COUNTY OF BUTLER f ' On this 18th day of February A. D. 19 86 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Richard T. Hoffman, Assistant Secretary - of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to ho 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 officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company^ and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. s,sersuwat IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton. State of Ohio, the day and year first above written. f Notary Public in and for • my of :u er, State of OhioericpmtryDecember24, 1986. ral©srf My Commission expir This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2. 1954, extracts from which read: ARTICLE VI" Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the hoard, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal. acknowledge and deliver any and ell bonds, recognirances, stipulations, undertakings or other instruments of suretyship and policies ofinsurancetobegiveninfavorofanyindividual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE I. the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney. Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. INWITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 18th day ofJune A.D., 19 86 11 ar fti.4 C Assistant Secretory 5-4300-C 12-130-3M BOND NO. 2-589-147 rp This premium is based on the Initial contract price and ropybeadjustedbasedontiie LABOR AND MATERIAL BOND final contract price. KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and ANZA ENGINEERING CORPORATION hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection byPrincipalofcertainimprovementsmoreparticularlydescribedinsaidcontract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and THE OHIO CASUALTY 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 TWELVE THOUSAND NINE HUNDRED NINETY THREE AND NO/100 DOLLARS 12,993.00 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. iir STATE OF CALIFORNIA On this 18th n day of June in the year r COUNTY OF San Mateo 1986before me Jill Cameron a Notary Public, State of California, duly commissioned and sworn, personally appearedCharlesWard personally known to me(or proved to me on the basis ofsatisfactory evidence) peweeesnueaeuweeeeueeeeeuenenaueuunneee2 to be the President of the corporation JILL CAMERON that executed the within instrument, and also known to me to be the NOTARYPUSLI OFFCEFORNIAINsa' PRINCIPAL OFFICC person who executed the within instrument on behalf of the corpora- c,lzoa:;.=o SAN MATED COUNTY a tion therein named, and acknowledged to me that such corporation executed MY Commission Expires March 10, 1987 3 eemueae aununsMaemmauseuu9 the same IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the al ifOY'nia County of San Mateo on the date set forth above 1his certificate. mMwhist mnGumentisonlyageneralfarmwhial Ile properforuse in simple banacirns andin no wayacts,or is intended to act.as a substtutt tor mec /e / ! q rMldan attorney.The publishermpublisherdoesnotage any warranty oreither lmpllodas to g the legal validity or anyprovision or the sultabaty of nine forms inany speani transaction Not i,aCPublic, State of California Cowdery's Form No.28—Acknowledgement to Nntnnr Pithily.—Cnrnnratinn(C. C.Secs. 1190-1190.1) My rnmmission expires STATE OF CALIFORNIA San Mateo a On this 18th day of Jane in the year 1986 before me, COUNTY OF Jill Cameron a NOTARY PUBLIC in and for said Notary's Name) State, personally appeared Greg McCartney personally p known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in- fact of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl- edged to me that he (she) subscribed the name of THE OHIO CASUALTY INSURANCE COMPANY thereto as Surety and his (h: ) own name as attorney-in-fact. No Public in and for said State M¢ ¢¢¢ ¢Z::'37¢Encnp¢eYf¢ennnar+enc+r¢¢¢r¢a.¢te 7 JILL CAMERON My Commission Expires r. ;& - NOTARY PUBLICOFFICECALIFORNIA 7 r. PRINCIPAL mSAN MATEDExpiresMarchCOUNTY My Commission 10, T t98? c_n Q01:1 On 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 anywise 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 18TH day of JUNE 19 86 . ANZA ENGINEERING CORPORATION To be signed by Principal Principal Charles Ward and Surety. Notary acknowledgments required.) THE OHIO CASUALTY INSURANCE COMPANY Surety 1 /BY: no i torney in- i/dreg McCartney The above bond is accepted and approved this day of 19 6/17/85 CERT/FLED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY ROHR tinct. Hntm.T" OHIO No. 22-295 gegen Alt ant by Wlitn fl That 77 OHIO CASUALTY INSURANCE COMPANY, in pursuance ofauthority granted by Article VI, Section 7 of the By-Laws of rid Company, does hereby nominate, constitute and appoint. James E. McGovern or Greg McCartney of Belmont, California - - - - its true and lawful agent and attorney -in-fact, to make. execute, sal and deliver for and on its behalf as surety. and..as its act and dad any aid all BONDS. UNDERTAKINGS, and.RECOGNIZANCE., not exceeding in any singly instance FIVE MILLION 5 000,000.00 - ) Daaare. excluding, however, any bonds) or undertaking(s) guaranteeing the payment of notes and'interest thereon And the execution of such bonds or undertakings in pursuanceof these presents, shall be as binding upon ridCompany.as fully and. amply, to all intents and purposes, as if they had been duly executed and acknowledged by. the regular elected officers of the Company at its office in Hamilton, Ohio. in their, own proper persons. The authoritygrantd hereunder supersedes any previous authority heretofore granted the above named sttorney(e)-in-fact. WilliIn.WITNESS WHEREOF, the undersigned, officer of the aid The Ohio Casualty.e.IP' Insurance Company has hereunto subscribed ' •ams and affixed the Corp• to Seal'of the A said The Ohio Casualty Insurance Comp • s '18th ' y of Fes -uary 19'86.. aIAL it Asst. Secret, STATE.OF OHIO. COUNTY OF BUTLER" I On this 18th day of February A. D. 19 86: before: thesubscriber. a Notary,Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Richard T. Hoffman, Assistant Secretary - of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to he the individusl and officer described in. and who executed the preceding instrument:.end he acknow-ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the,preceding instrument is the Corporate Seal of said Company,.and the said CorporateSealandhissignatureasofficerweredulyaffixedandsubscribedtothesaidinstrumentbytheauthorityanddirectionofthe said Corporation. aeaan. IN TESTIMONY WHEREOF, I have hereunto set my hand' and affixed my Official W4,t 4ettSealetthe!City of Hamilton, State of Ohio, the day and year first shove written. sr W * 6 ... 1.1... .. .:5- it. Notary Public in and for • my of u er. State of Ohio r.im•a December 24, 1986..,Nd.®gfl1 My Commwion'tapir This power of attorney is granted under and by authority of Article VI,Section? of the By-Laws of the Company,adopted by its directors on April 2, 1954,-extracts fromwhich read: ARTICLE VP' Section 7. Appointment-of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to: and to execute, attach the corporate seal,. acknowledge and deliver any and all bonds, recognizance., stipulations, undertakings or other instruments of suretyship and policies ofinsurancetobegiveninfavorofanyindividual, firm, corporation, or the official representativethereof; or to any county ' or state, or any official board or boards of county or state, or the United States of .America, or to any 'other political sub- division?' This instrument is,signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on.May 27, 1970: RESOLVED that the signature of any officerof the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the sign f the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to anypower of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the 'Company as original signatures and seal, to!be valid and binding upon the"Company with the dame force and effect as though manually affixed." CERTIFICATE 1,the.undersigned Assistant Secretary ofsThe Ohio Casualty Insurance Company,do hereby certify that the foregoing power of attorney, Article.VI Section 7 of the by-laws of the Company and the..above Resolution of its Board of Directors are true and correct copies and are in full force end effect on this date. IN WITNESS WHEREOF 1 have hereunto set my hand and the sealofthe Company this 18th day ofjnne A•D., l9 86 ELAt tsq r I Assistant..Secretary 5-4300-C '12-80-3M CITY OF CUPERTINO PROPOSAL STEVENS CANYON ROAD WIDENING @ SAN JUAN ROAD Project 83-06 TO: The Director of Public Works, City of Cupertino, State of California Dear Sir: In compliance with the specifications furnished for the Project 83-06, I, the undersigned, hereby declare that I have read the proposal requirements and here- by propose to do all work required to complete the said work in accordance with the Specifications and/or Plans for the amounts set forth herein on the incor- porated schedule. The base bid shall include all work and requirements described in the contract documents, specifications and drawings. In general, the work shall be to provide the widening of Stevens Canyon Road as called for on the Plans or outlined in the Specifications. All work shall be done in a workmanshiplike manner and shall meet or exceed ther standards specified. All necessary prepration as well as "clean up" is included in the prices bid and no extra compensation will be sought. A bid bond in the amount of 10% is required. Award shall be to the lowest qual- ified bidder; however, the City Council reserves the right to reject any or all bids. Alternate bid items shall be awarded in sequence if award of either bid item is considered by the City Council. Bid Est. Qty. Item Unit Item Unit Price Total 1. Lump Sum Provide all street excavation and Z,04/.3. a° subgrade preparation complete for rce 7ycc,5a'ic(, &le f-/tcncUcL Dollars/L.S. 2.1 Ea Provide for removal of dropinlet $ Conom, /Ea $ /7OO. cTete for LSik hired—t0/ectoptOl/4r5 Dollars/Ea be OG 3.1 Ea Provide and i tall storm manhole $ /, OOO. /Ea $ / 000. complete for Lilt -771Cti.5&tloL Dollars/Ea PROPOSAL PAGE 1 OF 5 Bid ' Est. Qty. Item Unit Item Total 4. 1 Ea. Provide and install drop inlet 7.1: 512:61/Ea $ a O complete for6-41ftp• 77Ct,Srn ivc /,LQncCr(d Acc ,>g*7 (warts Dollars/Ea 5.10 LF Provide and install Class III CU. GO / LF $ cam. °O 12" R.C.P. complete for 7111-( / JJ/ars Dollars/LF 6.20 Ton Provide and install asphalt 60 /Tn $ /, 9/0, 60 concrete complete fort-rift/v.ie_ /b//Qr,5 f'/ncC f ,/ in/5. Dollars/Tn 7.75 Ton Provide and install Class II 075. O 0 /Tn $ /, O '75,Oo aggregate base material complete for //v¢r7 F rlc C2/lots Dollars/Tn l8. 120 LF Provide and install T pe A3-6 7`//. 00 LF $ a'(9. Co curb complete for 7LLr-$e&, c//Q r,5 Dollars/LF UG 9. 150 LF Provide for saw-cutting asphalt $ /- `52) /LF $ 01 c,!S oncrete complete for h lla r5 4nO z&15 Dollars/LF TOTAL BID BASE: $ /c, 93, OO PROPOSAL PAGE 2 OF 5 A. BID DOCUMENTS Continued: Name of Proposed Sub-Contractors, if any Section 4104 Government Code) 1. 8 r 1-thet c- 2. KP•gK/a•O eer:r 3• 4. 5. 6. Address of Shop or office of Sub-Contractors Section 4104 Government Code) 1. 2. 3• 4. 5. 6. Work to be performed by Sub-Contractors Section 4104 Government Code) 1. Z. 3. 4. 5 . 6. PROPOSAL PAGE 3 OF 5 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 your organization been in business under its present name? 1 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? 3) Contractor's License No. ) 7 State of California, Classification 43 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 9h j72c11J1Orr VrNC GiTy d} G../r.ViNa au 91C- S7.4A"4,w Aft-4"/, /o ? gi I J;coorrroft/4- 93-s- f;2c=.T Lurac, vG. GtTy of s f 2l Ddo 9tG 20,x, r,,o /22/ 17 4. Doo PROPOSAL PAGE 4 OF 5 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 MnrzA LcAt /Ncrri.(., Cd Joint Venture Other c describe) NAME AND SIGNATURE OF BIDDER: GXi 4/e 5 4)A/229 4921;A S-9-/6 Address Date: S-17- 7 4/o it a..)ano z ezai 99906 7 9/f-) 36V-f96 Phone Number Addenda Received 1 2 3 4 5 PROPOSAL PAGE 5 OF 5