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86-168 R. H. Wehner Concrete Construction Co., Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 87-107 / ' CONTRACT FOR PUBLIC WORKS CONTRACT made on 47/6 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and R. H. WEHNER CONSTRUCTION • ,hereinafter called the CONTRACTOR. • IT IS HEREBY AGREED by the parties as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: A. Plans and Specifications for RECONSTRUCTION OF CURBS, GUTTERS & SIDEWALKS PROJECT 87-101 B. Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate C. This Contract D. Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the • one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of RECONSTRUCTION OF CURBS, GUTTERS & SIDEWALKS: PROJECT 87-101 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, RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS; PROJECT 87-101 Page 1 i • 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 : $138,500.00 ONE HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS • subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4. • DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6 . INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to - be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, Page 2 deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the city, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the ag'reement 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, PRIOR TO MAY 1, 1987 If the Contractor shall be delayed in the work by the acts or• neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire,- unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. Page 3 11. INSPECTION AND TESTING •OF MATERIALS. The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the•same, if the City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and peiform 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, orby depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: 390 MARTIN AVENUE, SANTA CLARA, CA 95050 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United • States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS . Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Contract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted • to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection • with this Contract, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond. Page 5 18.. INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract, until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this ' Contract shall also contain an endorsement providing that thirty (30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take :ut and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of his employees employed at the site of the project and,in case any work i3 sublet, the Contractor shall require the subcontractor similarly to provide Worker' s Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractormakes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self_ insurance in • accordance with the provisions of the Code, and I will comply • With such provisions before commencing the performance of the _work of this contract."' (b) LIABILITY INSURANCE. The Contractor shall take out and • maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall • protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do ' with blasting, collapse, and underground property damage) , which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows* Bodily Injury Liability Insurance in an amount not less than $.500,000.00 for injuries, including accidental death, to any, one person, and subject to the same limit for each person, in an amount not less than $ 500,000.00 on account of one accident, and • Page 6 • • • • Property Damage Liability Insurance in an amount not less than $ 250,000.00. . The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 19 . HOLD HARMLESS. The Contractor will save, keep, and hold harmless - the City and all officers, employees, and• agents thereof from damages, orsbe,setr uppenses,becausein oflaw or in personal injury�orthat 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 ed infringement or infringement tofthe htfpersonorpersos, m or corportioninconsequence of theuse •in, on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20 . HOURS OF WORK. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be- required or permitted to work thereon more than' eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, 'work performed by employees of contractors in • excess of eight hours per day and forty hours during any one week • shall be permitted upon public work upon compensation for all hours 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 whichsaid subconttactor worker, orntmechanic risarequired dor permittedito 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, each p an accurate record showing the names ofandsuactualachourshall sworkedeeach calendar {ay and each calendar week by all laborers, workmen, and mechanics d ployed' 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. tractor enumerated innsubdivisionall file a(a) with the entity that . requestedef the recordsu records within ten (10) days after receipt of a writterequest. such • 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 with employment and each accordance theapprenticeship standardsprentice shall eandn 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 anyapprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship cormittee trade inmthesareanofthe theasitenoretheipublicndwork for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected) provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be 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 thusand ($30,000.00) or twenty (20) working days or to contracts of specialty contractors not bidding . for work through a general or prime contractor, involving less than two thousand dollars ($2,000 .00) or fewer than five (5) working days . • Page 10 • • • "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion 'to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are 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-S, or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis . ment of publiclfworksgncontract�wouldentice createtoa a ncondition which would Y performed under a jeopardize his life or the life, safety, or property of fellow employees of .the public •at large if the specific task to which the apprentice When such • represents contractors nin as rspecific e e trade from thd to an ea 1i tot 5oratiohion 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 an subcontractor under him, who, in performing any of the work, under tabs contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund funds tonister inndthecareacof the ondut theasitentofesthe ppubram • work, to which fund or funds other contractors in the area ofblic the Site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators - are unable to accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The • contractoror subcontractor may add the amount of such contributions in computing his bid for the contract. The Division • of tabot' gtandards Enforcement is authorized to enforce the payment of. idcW.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 compiiance 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 apprentthrele s on any religious creed, color, nationalworks,ic origin, ancestry,round of the orrage, 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 ad a civil penalty in the sum of fifty dollars ($50.00)0pfor each calendar day of noncompliance.receipt Nothwithstanding the uch a determination onthe ofawarding n shallbody 7� n ithhold from econtract progress payments then due or to become due such sum. (b) Any ' such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable .notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. _ (c) Any ' funds withheld by the awarding body pursuant to this Section shall be deposited in the general fund if the awarding body is a stats entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the State. The interpretation and enforcement of Sections 1777.5 and 1777.7 . shall be ' in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by State. 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 . . dollata ($25.00 ) for each calendar day, or portion thereof, for dash laborer, workman, or mechanic paid less than the stipulated ? ;vre�Yiiing rates for any work done under this contract by him or by • ; c :dhy- fubeontractor Under work done under this Contract by him or by dhy subcontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. • Page 12 • In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or , occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum • wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. ' 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded. or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23. PAYMENT. Not later than the first Tuesday of each calendar month, the City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project, during the preceding calendar month, by the Contractor, but the City will retain ten percent (10%) of the amount of each of said estimates until the expiration of thirty-five (35) days from the date of recording by the City of notice of acceptance of completion of all work covered by this Contract, if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body; or, if such notice be not so recorded within ten days, until the expiration of ninety-five ( 95) days after the acceptance of completion of such work of improvement as evidenced by resolution of its governing body, at which time and not before, the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City's representative shall, before the last Tuesday of each . month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of • completion. In event of the failure of the City's representative to furnish and deliver said certificates or any of them or in lieu • Page 13 • thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City's representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the city, and subject to whatever inspection and approval may be required by law. 24. PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR TAE 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 effectsa earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, ' or were of a magnitude at the site of. the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, • in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part- thereof, or in, • Page 14 on, or about the same during its construction and before acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (l) year of the date of acceptance of completion of this Contract by the City, the Contractor will forthwith remedy such defects without coat to the City. 27. LIQUIDATED DAMAGES. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of $150.00 (ONE HUNDRED FIFTY AND N0/100 DOLLARS) for each and every calendar day _ during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. "28. • ADDITIONAL PROVISIONS. None Page 15 STATE OF CALIFORNIA On this ,74/�'e- da}of �'� ,-`,e-c.." ,in the year ss. 7p% before me, i COUNTY OF �� a gg„9,4--ca ' <4/2 4,.4t> ,a Notary Public,State of California, duly licensed and sworn, onall appeared c� -,c myscocetiocAcoceb cic°aociamosottem:91 personally known to me(or proved to me on the basis of sa 'sfacto�}�'evidence) O OFFICIAL SEAL g to be the person who executed the within instrument as lay z `s . 'MARGARET 0. BOLIN or on behalf of the corporation therein named and acknowledged to me that NOTAd1 PUBLIC•CALIiORNIA SANTA CLARA COUNTY 8 such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. My Commission Expires April 25,1987 IN WITNESS WHEREOF I have hereunto set my hen and affixed a9CID CA9cc5ccocADcL.9CID GOND C GX9teCO my official seal in the ,County of. This Samson raced a general Ione witch may bewwe'for use msnipe ....a'• ,on the date set forth above in this certificate. transeciscro and m no way eat.or is intended men.ea a stse&aa for the &dyke el en attorney.The anr&mdoes namam any warranty tether express or hnpiedasto the nl6-<Olt•.eL-t/C aCU-.-COiTs�.:.— legal vefiSM of any prom=or the ema&Nt of these farms In any were Ifwanton. Cowdery's Form No.28—Acknowledgement to Notary Public— Notary Public, State of California Corporation(C. C.Sect 1190-1190.1)—(Rev. 1/83) My commission expires r • File: 50,309 • • • 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 „it, • 1 /002 Mayor: ' City Attorney City Clerks Dat-/City Clerks , CONTRACTOR u .,ocVIneC �"SI bat • • By: el Notary acknowledgment required. If a corporation, corporate seal - • and corporate notary acknowledgment required. • • Project. Name and Numbers. RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS . PROJECT 87-101 Contractors Name: R.H. WEHNER CONSTRUCTION • Contract Amounts $138,500.00 ONE HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ;,C9ntsa4: Account Number:. 110-989-720 .:�a�`:'Nis :<s: ,,•:,.f•.. • Page 16 tirLy PROPOSAL RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS PROJECT 87-101 TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA, SANTA CLARA COUNTY: Dear Sir: In compliance with the specifications furnished for the reconstruction of Curbs, Gutters and Sidewalks Project 87-101, I, the undersigned, hereby declare that I have read the proposal requirements and hereby 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 incorporated schedule. The work shall consist of the furnishing of all labor, equipment and materials necessary for the removal and reconstruction of certain concrete curbs, gutters and sidewalks complete in place, in accordance with the special provision and the City of Cupertino standard specifications and details. The contractor is cautioned that utilities and/or sprinkler systems exist with this project and he will be required to use extreme caution to prevent any damage. Any damage to the existing utilities shall be repaired at the expense of the contractor. A bid bond in the amount of 10% of the base bid is required. BID EST.QTY. ITEM UNIT ITEM UNIT PRICE TOTAL 1. 20,000 SF Remove & reconstruct concrete $ 5 � /SF $ \oo,00c, sidewalk complete & in place for Fwe boilarS Dollars/ SF 2. 1,500 LF Remove & reconstruct concrete $ 2"S /LF $ S M oo curb & gutter complete & in place for oo.-.k„\ T4rcE. Dollars/LF It oa 3. 100 Ea Provide for root cutting of $ 0 /Ea $ � ,00-0 street trees completecfor _ Fv r1,.\ Ar no/i t7p Dollars/Ea • Total Bid $ \ b S. Soc PROPOSAL PAGE 1 OF 5 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 to do all the work specified in the contract in the manner and tine 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. 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 is the required certified check or bid bond in the amount of $ 'b(iv 'D Cb S r 3 , as required by law and the Notice to Bidders. (10% of bid amount). PROPOSAL PAGE 2 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 accurancy of the informa- tion is hereby guaranteed. (1) How many years has your organization been in business under its present name? (2) How many years experience in work comparable with that required under the proposed contract has your organization had by this or any ocher name? 35 (3) Contractor's License No. \Z'u\\Q , State of California, Classification A • (4) List work similar in character to that required in the proposed contract which your organization or personnel in • your organization has completed within the past 3 years. Year. Class, Location of Work and for Whom Performed Contract Amount \sa, `7 L, \1, _ Cra C1-ns,:. qwc Qecbce"e4 li \'s - C.Entre ( .2 CI-CP n, ; SO , Oe0 \9 Cr" C el - \Jnc C o^C:•e e 1LC9n , \V: vo> ca QS3-a\ S 1r TO lc - Corct {e Gra4ca , cot, • PROPOSAL PAGE 3 OF 5 A. BID DOCUMENTS, Continued Name of Proposed Sub-contractors, if any (Section 4104, Government Code) 1. 2. 3. 4. - 5. 6. Address if Shop or Office of Sub—contractors (Section 4104, Government Code) 1. 3. //// 5. 6. Work to be Performed by Sub-cont actors (Section 4104, Government Code 1. 2. 3. / 4. 5. 6. / 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 COPORATION, 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 — 1' \`C�r A ..; Joint Venture Other (Describe) Name and Signatur- of B dder: V • ' 5 _ �y L.7a .ner- (Print) •Q. Nn''b,- ntlbflhos � '1�c�P J . `-'Q vt_bn, � Com` - C, k. ,ei.nc'- (Signature) Address (Both mailing and location addresses) : 4'n to c -ran Cn Telephone Number: (40€7) - Date: 4043)Date: \o Addendas Received: t-\ \ ��1 '1nc_ Co nSt'-. � 2 3 4 5 � � PROPOSAL PAGE 5 OF 5 b _ a , Of ® CERTIFICATE OF INSURANCE ISSUE DATE(MMIDDIYY) 11-7-86 tt PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION.ONLY AND CONFERS n Alexander&Alexander of California Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, U 1530 Meridian EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O.Box 5700 - - - San Jose,California 95150 ' COMPANIES AFFORDING COVERAGE Telephone 408 264-6700 TWX 910-338-0239 COMPANY A . LETTER. a SECURITY INSURANCE COMPANY INSURED COMPANY R.H. WEHNER CONCRETE CONSTRUCTION CO. , I &11tR B ALLIANZ INSURANCE COMPANY 390 Martin Avenue COMPANY RC Santa Clara, CA 95050 - - COMPANY p , LETTER COVERAGES THIS.IS TO CERTIFY THAT POLICIES OFINSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT-OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POUCY ETRECTNE POLICY EYRRATXW LIABILITY LIMITS IN THOUSANDS LTR DATE(I,WJDOM 1 DATE(MMIDDMY) EACH AGGREGATE OCCURRENCE GENERAL LIABILITYI BODILY © COMPREHENSIVE FORM INJURY $ $ ® PREMISES/OPERATIONS PROPERTY UNDERGROUND BCP 214109 1-1-86 1-1-87 DAMAGE $ $ ® EXPLOSION 8 COLLAPSE HAZARD © PRODUCTS/COMPLETED OPERATIONS © ONTRA CONTRACTUAL ammo $ 1,000, $ 1,000, © INDEPENDENT CONTRACTORS © BROAD FORM PROPERTY DAMAGE ® PERSONAL INJURY PERSONAL INJURY $ 1,000, U AUTOMOBILE LIABILITY -• $ © ANY AUTO. (PER RRSCAT ■ ALL OWNED AUTOS(PRN.PASS.) BCP 214109 1-1-86 1-1-87 N�LwaYiWE" $ ALL OWNED AUTOS. OTR THAN l�° I.ALL , PRN.PASS. ) r HIRED AUTOS PROPERTY ® NON-OWNED AUTOS DAMAGE $ • GARAGE LIABILITYI. - ED&PD COMBINED tr. 1 000 EXCESS LIABILITY , © UMBRELLA FORM BCP 214109 1-1-86 t 1-1-87 COMBINED $ 2,000, $ 2,000, ■ OTHER THAN UMBRELLA FORM STATUTORY WORKERS'COMPENSATION WCP 330801 1-1-86 1-1-87 $ 100 (EACH ACCIDENT) AND EMPLOYERS'LIABILITY $ 500. (DISEASE-POLICY UNLIT) $ 5 1 1. (DISEASE-EACH EMPLOYEE) 1OTHEW • - • DESCRIPTION OF_OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS " Reconstruction of Curbs, Gutters, and Sidewalks,' Project 87-101 ' ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF CUPERTINO - EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 10300 Torre Avenue MAIL 30 - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE-SHALL IMPOSE NO OBLIGATION OR Cupertino, CA 95014 LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE IF ' - Rosalie E. Williams . , tr, - 42j ACORD 25 (2184) IIR/ACORD CORPORATION 1984. GL 20 09 .(Ed. 01 73) This endorsement forms a part of the policy to which attached,effective on the inception date of the policy unless otherwise slated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective 11-7-86 . Policy No. BCP214109 Endorsement No. Named Insured R.H. Wehner Concrete Construction Co., Inc. • • Additional Premium S TBD - 'Countersigned by 400.--262-'6.-. lJ � (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Contractors) Schedule • Name of Person or Organization Location of Covered Operations (Additional Insured) Project 87-101 - Reconstruction of curbs, City of Cupertino, It's Officers & Employees Gutters' and Sid.ewa]Jcs. 10300 Torre Avenue Premium Bases Rates Aavance rreallUM Cupertino, Ca. 95014 Cost 5100 of cost S Bodily Injury Liability Cost S100 of cost • S Property Damage Liability Total Advance Premium S It is agreed that The "Persons Insured" provision is amended to include as an insured the person or organization named above (hereinafter called "additional insured"). tut only with respect to liability arising out of (1) operations performed for the additional insured by the named insured at the location designated above or(2)acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy,except exclusions(a),(c).(1).(g).(0.(j)and(m).apply to this insurance. 3. Additional Exclusions This insurance does not apply: (a) to bodily injury or property damage occurring after (I) all work on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that o its ended use by other than another conton of the rractorr or subcontamed insured's�ractorr engagedork out of )ch in perrforming ooperations for a principal as a or damage arises has been put t part of t the same project: person or organization (h) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees.other than general super-_ vision of work performed for the additional insured by the named insured: - . (e) to property damage to (I) property owned or occupied by or rented to the additional insured. (2) property used by the additional insured, (3) property :n the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical — control.ar (4) work performed for the additional insured by the named insured. 4. Additional Definition When used in reference to this insurance,"work"mcluJes materials.parts and equipment furnished in connection therewith. 5. 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 connectie:, with the above described contract. I STATE OF CALIFORNIA On this -47:V.--a y of ..7-d -c•-e.-,.-,....."-e-r-d in the year COUNTY OF Q az ss. /9� before me, .7lir .c.----', td- ,a Notary Public,State of California, duly licensed and sworn rsonally appeared OFFICIAL SEAL g personally known to me(or proved to me on the,basis of sfactory evidence) g NMARGARET D. BOLIN to be the person who executed the within instrument as. ati OI-MY PUBLIC•CALIFORNIA S or on behalf of the corporation therein named and acknowledged to me that SANTA CL4RA COUNTY S such corporation executed the within instrument pursuant to its by-laws or a Q My Commission Expires April 25,1987 Q resolution of its board of directors. cx?IoorotccxscosAsootiaascopciccsdaca IN WITNESS WHEREOF I have hereunto set my han and affixed i my o ci seal in the ,County of. 4J USCowraNbode•paertlbreagiemaybepaperbuse"wpb et.C.a— ,onthe date set forth above inthis certificate. mutton.)a.,w way am.a o flawed rod.ea substitute for the ///� adore d m noway.riepeear aces nal make ay warranty tease a r wow iapeeuto ee. —a.ro' -.-frac-(` !l/. iC�J��/ .•.. iesm.abmym " .siw a °iwror the tenability mWill"any transaction. Notary Public,State of California Cowdery's Form No.28—Acknowledgement to Notary Public— Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1183) My commission expires FAITHFUL PERFORMANCE BOND Bond # 6425945 Premium: $1,247. ICVOW ALL MEN BY THESE PRESENTS: THAT WE, R.H. WEHNER CONCRETE CONSTRUCTION CO. as Principal and THE AMERICAN INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of ONE HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED AND NO/100 Dollars ($ 138,500.00 ) 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 October 29, 1986 , with the Obligee to do and perform the following work to-wit: RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS PROJECT 87-101 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. 7th day of November , 19 86 (To_besiened_byPrincipal STATE OF CALIFORNIA R.H. WE • •NCRETE CONSTRUCTION CO. SS. County of Santa Clara 1' November 7, 1986before me, Fred L. Callacinao l)n1116 Notary Public, State of California, duly commissioned and sworn, Pr ncipal personally appeared. Johnpgb personally known tdme 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 THE AMERICAN 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 By. _-1 �, my official seal in the County of.Santa.frla.ra•••• the day and [o.Jr�nJeLAy_J.t�n-Fac year In this certificate irst above written. Jody A. Johnson, 1 a. his day of , 19 1. ! lf�- � FRED L GALLACINAO r NOTARY PUEIUC-CALIFORNIA \•.44 1.27 vMy Commission Exp.Dec.29.1987. • Bond # 6425945 LABOR AND MATERIAL BOND • Premium: Included in FP Bond. KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and R.H. WEHNER CONCRETE 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, and THE AMERICAN INSURANCE COMPANY as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who .perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of ONE HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($ 138,500.00 ) . 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. • STATE OF CALIFORNIA ��pp On this.....Yre..44.....day of 77,&-vs -r/ in the year COUNTY OF °La- ss. /9, before me, 7r &f"--1-f -4' a Notary Public,State of California, duly licensed and sworp,Ipersozally appeared $ OFFICIAL SEAL personally known to me(or proved to me on the basis of satjsfacto evidence) 22 MARGARET MARGARET D. BOLIN to be the person who executed the within instrument as.Y.,acrr.. tea- - . 1=: NOTARY PUBLIC- or on behalf of the corporation therein named and acknowledged to me that CALIFORNIA , SANTA CLARA COUNTY such corporation executed the within instrument pursuant to its by-laws or a 2 My Commission Expires April 25,1987 resolution of its board of directors. - 'oc.Qwesvpcxocxsowaxssxscxstxem IN WITNESS WHEREOF I have hereunto set my han and affixed myo tc' 1 seal in the ,County of Pas&cowlbaayageneral loon satmay beprom for usbsinge on the date set forth above in this certificate. l fra-eat,and ra no way at%or is Waded m ad.as a susl0M la the aimed(an tawny.The ranter doom ler make any waaealyealla edeas a lmkod as to ah .Xf-o GO �• lead wake!W any aPlmn or the tatty of Nese lama N any watt aamala1. Cowdery's Form No.28—Acknowledgement to Notary Public— Notary Public, State of California Corporation(C.C.Secs. 1190.1190.1)—(Rev. 1/83) My commission expires • • • 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 7th day of November 19 86 a R.H. ' HNE NCRETE CONSTRUCTION CO. By: 9 , (To be signed by Principal P> cip.1 and Surety. Notary acknowledgments required.) —..E AMERICAN INSURANCE COMPANY STATE OF CALIFORNIA Surety SS. County of Santa Clara On November 7,, 1986before me,FT.O. nao„ Notary Public, State of California, duly commissioned and sworn, P By: £Se • Sr personally appeared.JOtly .A..Jnhnsnn personally known Att m ey—in Z act to me to be the Attorney-in-Fact of the Corporate Surety that Jody A. Johnson 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of.Santa. the day and ived this day of year in this cer ficate first abov ritten. FRED L GALLACINAO .+•Srv- NOTARY PUBLIC-CALIFORNIA ^J'4 1 My CommlmteoroExp.m.DeA CLARA COUNTY 1987.- • °�,,,OJu�-fl • 6/17/85 A :-El A'(TO(` • • THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of New Jersey, and having its principal office in the City and County of San Francisco. California. has made, constituted and appointed, and does by these presents make. constitute and appoint JODY A. JOHNSON • . its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name.place and stead.to execute,seal.acknowledge and deliver any and all bonds. undertakings,recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII.Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VIII,Appointment and Authority Assistant secretaries,and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 30, Appointment- The Chairman of the Board of Directors, the President, any Vice-Ptesident or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966.and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President.Assistant Secretary.and Resident Assistant Secretary of this Corporation,and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney.or on any certificate relating thereto-by facsimile,and any power of attorney,anx revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation. • IN WITNESS WHEREOF.THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President.. and its corporate seal to be hereunto affixed this 20th . day of September 19 82 THE AMERICAN INSURANCE COMPANY • AE' wa • �y�*ci ce By Vice-Rn,den • STATE OF CALIFORNIA, � is CITY AND COUNTY OF SAN FRANCISCO . 20th September 82 Richard Williams On this day of , 19 , before me personally came to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cor- poration described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal,the day and year herein first above written. OFFICIAL SEAL SUSIE K. GILBERT BERT NOTARY PUBL)C- BERTCALIFORNIA Noir Public= au i COUNTY Of SAH RAHCI5CO ' My Commission Expires Nov. 17, 1964 1 iYuuunsmusssattnwssawrnsnease aanarrss CERTIFICATE STATE OF CALIFORNIA, l y n. CITY AND COUNTY OF SAN FRANCISCO 111 I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been rooked; and furthermore that Article VIII. Sec- tions 30 and 31 of the By-laws of the Corporation,and the Resolution of the Board of Directors,set forth.in the Power of Attorney,are now in force. Signed and sealed at the City and County of San Francisco.Dazed the 7th day of November//�'� 19 86 c. ..Ari ce Resident AssWant Se:rnan