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87-030 Andero Concrete, Inc., Barrier Removal, Project No. 4002 I.igt4CM- '" ON of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408)252-4505 DEPARTMENT OF THE CITY CLERK August 13, 1987 Andero Concret, Inc. P. O. Box 5580 San Jose, CA 95150-5580 BARRIER REMOVAL - PROJECT 4002 We are enclosing to you one (1) copy of the Contract for Public Works between the City of Cupertino and Andero Concrete. Inc. , which has been fully executed by City Officials. We are also enclosing your bid bond. Sincerely, DOROTHY CORNELSUS /D- CITY CLERK CITY OF QJPER PINO DC/so encl. cc" Department of Public Works • • • CONTRACT FOR PUBLIC WORKS • CONTRACT made on , July 29, 1987 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and ANDERO CONCRETE, INC. ,herein-a-iter 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 SPECIFICATTONS FOR BARRIER REMOVAL, PROJECT 4002 B . Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate C. This Contract - D. Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR- are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, ' or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the • one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of the tools , equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of BARRIER REMOVAL, PROJECT 4002 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, SPECIFICATIONS FOR BARRIER REMOVAL, PROJECT 4002 Page 1 • and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work. - --- shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J . Viskovich, Director of Public Works . 3. CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of: TWENTY ONE THOUSAND FIVE HUNDRED FIFTY SEVEN AND 60/100 DOLLARS ($21,557.60) 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 a 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 far 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.,- i-f applicable, or in accordance with the agreement of the parties, or- in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9 . TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated-, amended or modified, with the mutual consent of the -parties-. - The compensation payable, if any, for such termination, amendment or modifications, shall -be -determined -either by reference- - to- the unit price, if applicable, or in accordance with the agreement of the parties, -or •in accordance with the rules of the -- American Arbitration, Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: THIRTY (30) WORKING DAYS FROM APPROVAL OF CONTRACT PLUS THE NUMBER OF CALENDAR DAYS BETWEEN BID OPENING AND THE EXECUTION OF THE CONTRACT. If the Contractor shall be delayed in the work by the acts or• . neglect of the City, or its employees, or those - under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or -- any • -causes beyond the Contractor' s ' control, or by delay authorized by the City, or by any cause which the City shall - determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. Page 3 • 11. INSPECTION AND TESTING •OF MATERIALS . The Contractor shall notify the City a sufficient time in advance of the manufacture or ' production of materials to be supplied by him 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 anti satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the _ Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty days from the date of the serving of such notice, the City may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in - completing the work, such- materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13 . THE CITY' S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final . completion and acceptance of all• work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any_ such payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to substitute securities 'as provided in Section 4590 of the California Government Code as more fully described in the City' s Notice to Contractors. • Page 4 ;.. • • • 14 . NOTICE• AND SERVICE THEREOF. Any notice from one party to -the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a - duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served- in the following manner: (a) if the notice is given to the -city .— either by personal delivery thereof to the City. Manager of the City, or by depositing the same in the United States .mails, _ . ' enclosed- in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the- Contractor, either by personal delivery thereof to the Contractor, or to his duly- authorised representative at the site of the project, or by depositing the same in the United States mails,_ enclosed in a sealed envelope, addressed -to said Contractor at: ANDERO CONCRETE, INC P.O. BOX 5580, SAN JOSE, CA 95150-5580 (413 Josefa Street, San Jose, Ca 95150) postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to -such surety or other person, or by depositing the same in the United ' States mails, enclosed in a sealed envelope, addressed- to -such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any _part _____ _-thereof, -nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval _of the City. - 16-. COMPLIANCE WITH -SP-EcrFICA'rroNw 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, un-less 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 requ-ired= 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 Con-tractor 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 13 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 thee -protection afforded by the Contractor. L In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Codes "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. Th,e 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 thi 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 adaitional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the- policy and that if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only.- 19 . .HOLD HARMLESS. The Contractor will save, keep, and hold harmless the City and all officers, employees, and • agents -thereof from all damages, costs, or expenses, in law or in equity, that -may at anytime arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any . person or persons, firm or corporation in consequence of the use in, on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and 'maintain at his sole coat 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 WORE. 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 times the basic rate of pay. It is further expressly . stipulated that for each and every violation of Sections 1811-1815, inclusive, of the .- Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five - dollars ($25.00 ) for. each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any whichsaid • subcontractor laborer,, worker, orntmechanic risacalendar required or permittedtowork mote than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said . .Sections of the Labor Code. • • Page 7 • The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours -worked each calendar Say and each calendar week by all laborers., wo-rkmen, and mechanics dmployed by him in connection with the work contemplated by this Contract, which record . shall be open at all reasonable hours to the inspection of the City of its officers or agents and to the Division of Labor Law Enforcement of theDepartmentof 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 subcon-tractor- 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. • Contractor shall certified records enumerated insubdivision (a) with the entity that . requested such records within ten (10 ) days after receipt of a written request. Page 8 • • • -(d) Any copy of records. made available- for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such ' a manner as to --prevent disclosure of an individual' s name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and. county -and shall, with-in- five working days, provide a notice of a- change of location hnd address-. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying' in what respects such Contractor must comply with_ this- -section. Should noncompliance still be evident after such ten (10 ) day period, the Contractor shall, • as a penalty to the state of political subdivision on -whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00-) for each calendar day or portion thereof, for each worker, until -strict -compliance- is effectuated. Upon the request of the Division. of Apprenticeship " Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in — - _ _ _ the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with. this- - section on the prime contractor. • '(h) The director shall adopt rules consistent with the California Public Records Act, (Ch: 3 .5 (commencing with Section 6250) of Div. 7; Title 1. Gov. Ch. ) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div,. 3, Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775 .5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. • Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which - he- is employed, and shall be employed only at the work of the craft or trade to which he is registered. • • • • Page 9 • • • Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070) , Division 3, of the Labor Code, are 'eligible to be employed on public works. the employment and training. of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom- the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the. work under the contract or -subcontract, employs -workmen in any• apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship t-tandards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected) provided, however, that the approval as- established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship -or committees, -subsequent to approving. the subject contractor -or subcontractor, shall -arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section. There shall -be an affirmative duty upon the joint apprenticeship committee or committees administering _ the apprenticeship standards of the- craft or trade in the area of the site of the public work to ensure equal employment -and affirmative action in apprenticeship for women and minorities. Con-tractors- or subcontractors shall not be -required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio- of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. • The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen' stipulated in the apprenticeship standards. Upon proper showing by' • the Contractor that he employs apprentices in such craft or trade in the state on all of this contract on an annual. average of not less than . one apprentice to each five journeymen, the Division of • Apprenticeship Standards may grant a certificate exempting the Contractor for the 1-to-5 ratio as set forth in this section. This section Shall not apply to contracts of general contractors involving less than thirty thousand ($30,000 .00) or twenty ( 20 ) working days or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than two thousand dollars ($2,000 .00) or fewer than five (5) working days. • Page 10 • "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-S- -ratio set forth in this section when it finds that any one of the following conditions are met: (a) In the event unemployment for the previous three month period in -such area exceeds an average of 15 percent, or • (b) In the event the number of apprentices in training in such area exceeds a ratio of 1-to-5, or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis . (d) If assignment of an apprentice to any work performed under a public- works contract would create a condition which would jeopardize his life or the life, safety,,. or property of fellow employees of the public •at large if the specific task to which the apprentice When such exemptions are granted to an organization which' represents contractors in a specific trade from the 1 to 5 ratio on 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. • X contractor to whom the contract is awarded, or any subcontractor under flim, who, in performing any of the work, under the contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund Or funds to administer and conduct the apprenticeship program in any- such craft or trade in the area of the site of the public • work, to which fund or funds other contractors in the area of the Site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work- in the same amount or upon the • same basis and in the same manner as the other contractors do, but - where the trust fund administrators • are unable to accept such funds, contractors not signatory to the trust agreement shall pay a • like amount to -the California Apprenticeship Council. The contractotor. _subcontractor may add the amount of such contributions in computing his bid for the contract. The Division • of Cabot Standards Enforcement is authorized to enforce the payment of. buch'contributions to the fund or funds as set forth in Section 227. • • Page 11 • • • ' The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section . Such • stipulations shall fix the responsibility of compliance with this section for ,all apprenticeable occupations with the prime contractor. All decisions of . the joint apprenticeship committee: under this section are subject to the provisions of Section 2081. . (Amended by Stats. 1976, Ch. 1139) 1777.6 It shall -be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works, on the ground of the race, religious creed, color-,. .national origin, ancestry, sex, or age, except as provided in -Section- 3077, of such--employee. (Amended by • Stat. 1976, Ch, 1179) 1777.7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777.5, such contractor shall: (1) Be denied the right -to bid on any public works contract for a period of one year from the date the determination of noncompliance i-s--made by the Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars 0 .00each calendar y1727, poiartitndinatherovisionsof Sectionuoneceipt of such determination -the awarding body shall—withhold—ft= contract progress payments then due or to become due such sum. (b) rmination ssud after a full investigation,suah faire and- i-mpartialahearing,ll be iandereasonable_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 bection Shall be deposited in the general fund if the /Warding body is a state entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the State. The interpretation and enforcement of Sections 1777.5 and 1777 .7 shall be ' in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch . 1249) • • • It shall be mandatory upon the Contractor, and upon any subcontractor under him, to pay not less than the said specified rates to all -laborers, workmen, and mechanics employed in the • execution of the Contract. It is further expressly stipulated that the. Contractor shall, as a penalty to the City, forfeit twenty-five .-. dollar6 1$25.00) for each calendar day, or portion thereof, for •• a:lch laborer; workman, or mechanic paid less than the stipulated :V; :pradlliling rates for any work done under this Contract by him or by ; 1, any ' d'iubcontractot Under work done under this Contract by him or by Shy subcontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. • • Page 12 • • In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in -a -trade or , occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum - wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment .of the person affected and during the- continuance- of- such employment. 22. ACCIDENT -PR-EVENTION. Precaution- shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and. construction codes shall be observed. Machinery, equipment, and other hazards shall be guardedor eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23 . PAYMENT. Not later than the first Tuesday of each calendar month, the City- will make partial payment to the Contractor on the basis of a duly certified approval -estimate of the work performed and materials- incorporated in the project, during the preceding calendar month-, by the Contractor, but the City will retain ten percent (1-0%) 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) data after the acceptance of completion of suchworkof 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 remova-1, 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_ -aot__1.ndicated 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 assessedliquidateddamages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, ' • obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences of conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, • in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part• thereof, or in, • Page 14 on, or about the same during its construction and before ' acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized it 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 ca-se of any defect in work, materials, apparatus or equipment, whether latent or patent, -revealed to the City within one (.1) year of the date of acceptance of completion of this Contract by the City, the Contractor' will forthwith remedy such defects without coat to the City. 27. LIQUIDATED DAMAGES. Time shall be of the essence of this Contract. If the, Contractor fails to complete, within thetime fixed for such completion, the work hereinbefore mentioned- -and described and hereby contracted to be done and performed, he shall -become liable to the City for liquidated damages in the sum of ONE HUNDRED FIFTY AND NO/100 DOLLARS ($150.00) for each and every working day during_ which said work. shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained- by the City-since it would be impracticable or — extremely difficult to fix the actual damage; and theamountof 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 the" 'day of `*uST 19,7, before me, SANTA CLARA SS. County of JAMES McANDREW undersigned Notary Public,personally appeared Lapmic- cveav/cok ? , U personally known to me 1 f4 proved to me on the basis of satisfactory evidence i - ���Gn Y to be the persons)who executed the within instrument as n,4E Sy b LT or on behalf of the cor "''-,,,.., / poration therein !t4IJAMES McANDREW named,and acknowledged to me that the corporation executed it. NOTARY PUBLIC-CALIFORNIA ,SANTA CLARA COUNTY ; WITNESS my hand and official seal. E4y Commission E>tplres 901.9,1999Notary's Signature CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•Woodland Hills,CA 91364 File: 98,519 • • P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. Y OF CUPERTINO f � 3W - Approved as to form CITY MANAGER: • - .14°.1111,/.14°.1111,/�� y At o„ney Cit Clerks /-3 ,A GLSoi-a--‘b Da a/City Clerk • CONTRACTOR, ,Andero Concrete; Inc: • • Ludine Wo-Arord, President -y e -s ,/ F {1Y, y Notary acknowledgment required. If a corporation, corporate seal - • and corporate notary acknowledgment required. Project• Name and Numbers SPECIFICATIONS FOR BARRIER REMOVAL, PROJECT 4002 Contractors Names ANDERO CONCRETE, INC. P.O.BOX 5580,SAN JOSE,CA 95150-198 413 JOSEFA ST,SAN JOSE,CA 95150 Contract Amounts TWENTY ONE THOUSAND FIVE HUNDRED FIFTY SEVEN & 60/100 DLRS $21,557.60 , •ContractAccount Numbers 120-4002-973 Page 16 • EXHIBIT "A" BID PROPOSAL BARRIER REMOVAL PROJECT 4002 TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA • Dear Sir: In compliance with the Specifications furnished for Barrier Removal, Project #4002, I, the undersigned, hereby declare that I have read the proposal requirements and hereby propose to do all work required to complete the said wor-k inaccordancewith the Specifications for the amounts set forth herein on the incorporated schedule. In general, the work shall be to provide and install handicap ramps as out- lined in the Specifications. All necessary preparation as well as "cleanup" is included in the price bid and no extra compensation will be sought. All work will be done in a workman- ship like manner and will meet or exceed the embodied requirements and/or the standards stipulated by the City Engineer. The undersigned also understands that the quantities shown below are estimates only, being given as a basis for the extension of the unit prices bid. This extension will be the basis for comparison of bids by the Staff. The City reserves the right to increase or decrease the amount of class or portion of work or to omit items as may be deemed necessary by the Engineer. Bid Est. Qty. Unit Item Unit Item Price Total 1. 40 Each Remove curb, gutter and sidewalk $ 538 . 94 $ 21 . 557 . 6 and construct handicap ramp complete for Five Hnndrad Thirty eight and 44/100 Dollars • 00) Dollars/Each 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 $ Bidder ' s Bond — Taa 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? 4 years . (2) How many years experience in work comparable with that required under the proposed contract has your organization had by this or any other name? ' 16 years . (3) Contractor's License No. 443541 , State of California, Classification A , 6-1 , C B . (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 • See attached "Statement of Bidder ' s Experience" • PROPOSAL PAGE 3 OF 5 • 5-F TA �E"" 'n• hi" 2Gft T 1r .‘ "et ONCRETE INC. (408) 971-1984 STATEMENT OF BIDDER ' S EXPERIENCE 1983 Airport Apron Repair 29628 City of San Jose 1984 Wheelchair Ramps 52737 City of San Jose 1984 Traffic Islands 70843 City of Santa Cruz 1984 La. Fonda Sidewalk 15186 City of Santa Cruz • 1985 Sidewalk, Curb-Gutter 26550 City of Vallejo 1985 Bus Stop Pads 15271 County of Santa Clara 1985 Sidewalk, Curg-Gutter 55122 City of San Mateo 1985 Airport Fuel Dispensing Island Pavement 84977 City of San Jose • 1985 Bus Shelter Installations and Various Other Minor _Improvements_ _ __ _ _ _ 50192_ County of Santa Clara 1985 Sidewalk, Curb-Gutter 57646 City of Salinas 1986 Wheelchair Ramps 100129 City of San Jose 1986 Wheelchair Ramps 30605 City of San Jose 1986 Wheelchair Ramps 19712 City of Cupertino 1986 Picnic Area , Tables etc 11780 City of Campbell 1986 Camden Median 15000 City of San Jose • 1986 Isherwood Sidewalk 14519 City of Fremont • • • ANDERO CONCRETE, INC. • GENERAL CONTRACTORS • P.O.BOX 7852 •SAN JOSE,CA 95150-7852 LICENSE NUMBER 443541 • • • .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. 2. 3. 4. 6. Work to be Performed by Sub—contractors (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 SEAT MUST BE AFFIXED. TYPE OF BUSINESS: Individual: Co-Partnership Andero Concrete , Inc . Corporation X Ludine Woodford , Pres . Joint Venture June Guerrero , Sec . Paul Guerrero , Treas . Other (Describe) Name and Signature of Bidder: ANDERO CONCRETE . INC . June Guerrero , Secretary (Print) drjk..., (Signature) Address (Both mailing and location addresses) : 413 Josefa Street San Jose CA Mailing Address : P . 0 . Box 5580 San Jose CA 95150-5580 Telephone Number: ( 408 ) 971 -1984 • Date: June 8 . 1987 Addendas Received: 1 2 3 4 5 PROPOSAL PAGE 5 OF 5 State of CALIFORNIA On this the 67# day of 4j'Cu S/'— 19'7before me, SANTA CLARA } ss. .11 County of JAMES MCANDREW the undersigned Notary Public,personally appeared n U personally known to me ,.1V proved to me on the basis of satisfactory evidence .. F e 4 4 to be the persons)who executed the within instrument as JAMES McANDREW r'RF•s/0061 r7- or on behalf of the corporation therein /..-c�^.4ae NOTARY PUBLIC-CALIFORNIA ; named,and acknowledged to me that the corporation executed It. , t- SANTA CLARA COUNTY ' WITNESS m hand and official seal. I n ' ' My VC@ICISIC3 hikes Oct.9.1990: y • Notary's Signa re CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•Wood land Mlle,CA 91364 STATE OF CALIFORNIA " ' • • i, • I' I.I 'i COUNTY OF San Benito ss 29th July 1987 (ff On this _ day of , in the year :before me, the .undersigned otary Public in an[efor the State of California, personally '''' ' appeared Joe A . • Eatetsseseaacasaaasseesmtnseessseeses NIIIII¢sosnasse personally known to me (or proven to me on the basis of satisfactory C • OFFICIAL SEAL evidence) to be the person who executed the written. instrument as Attorney a do DARBY BERTERO is • In-Fact on behalf of the Corporation therein named and acknowledged to me I • •CI, r" NOTARY PUNIC — CALIFORNIA E that the Corporation executed it. •i,ii I I ,. ' COUNTYOF SAN CEtJ1T0 a'• I ,1IIL,'nl'I;I I Comm. Exp. Nov. 12, 1988 a Given under my hand and the Notary Seal this 2 9 t hday of a°1'� I • 0seuatteaeatsa:uoetraeeessre.ax:ese:a:ectorssesanssa A.D. 1987 ,,LIi L ' ,. • My Commission expires • Nov 12 , 1988 • +� ICW Cal 315n(04/0 G) NM aro n..w0,. I 1 iI:• ' 1 I , 1 ,1 1.11 • 1 , • ' FAITHFUL PERFORMANCE 'BOND Bond #02 51 76 : I KNOW ALL MEN BY THESE PRESENTS: , : ' j , r 1 I THAT WE, Andero Concrete,, Inc� '1j I as Principal and Explorer Insurance Company' , as Surety are held and firmly bound unto 'the City of Cupertino, State of California, in the sum of TWENTY ONE THOUSAND FIVE HUNDRED FIFTY SEVEN AND 60/100 Dollars • ($ 21,557.60 ) 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 July 14, 1987 with the Obligee ° 1 •' to do and perform the following work to-wit: 1 1 SPECIFICATIONS FOR BARRIER REMOVAL, PROJECT 4002 . , ' ' , • , , 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. f IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 29th day of, July ' '1 ' ' 19 87 . (To be signed by Principal '",I' ; and Surety and acknowledgment.) : . 1 ' I Andero Concrete, Inc. • . ' Principal j ;. i1 ' Explorer Insurance Co •fl ,,,Lte-e-r i I H Surety ^ �n 7I I ttorney-in-Fact Joe A. Ferrante • . I'1 ' The above bond is accepted and approved, this?..1 day of ' , 19 r i : , , I . Explorer Insurance Company i. HOME OFFICE:SAN DIEGO,CALIFORNIA Certified Copy of POWER OF .ATTORNEY . ir KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under • the lows of the State of ARIZONA and having its principal office in the City of Sen Diego,Callfornio,does hereby nominate,constitute end appoint: JOE A. FERRANTE its true and lawful Attorneys(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. i it . This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985,which said Resolution has not been amended or rescinded and of which the following is a true,full,and complete copy: C "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of,Directors or Executive Committee may at any time remove such Attorneys-in- Fact and revoke the Power of Attorney given him or her;and be it further' . - i "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require,and any such bonds or undertakings executed by any such Attorney-in- Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary:" i IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 13TH DAY OF JANUARY 1987„ . 'i EXPLORER INSURANCE COMPANY I �c\c5»gRe r�P C ',o cr SEAL kt • President STATE OF CALIFORNIA COUNTY OF SAN DIEGO 5S: , , • On thisl3TH DAY OF JANUARY 198aefore the subscriber,a Notary Public of the State of California,in and for the County of San Diego, duly commissioned and qualified, came DAVID E. RODRICKS, JR. , ,PRESIDENT of EXPLORER INSURANCE CQMPANY to me personally known to be the individual and officer described iri and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposeth and saith,that he is the said officer of the Corporation aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation,and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego,the day and year first above written. . I I tioNNA PA WWWWIPo'o IYVLMY i 1 ' I ' , OFFICIAL SEAL NORMA PORTER pM �{, NOTARY PUBLIC-CALIFBRXIA 9I42w1 11J j , ,, r \,. .11 9 Princeal Office In San Diego County I Notary Public My Commission Exp.fan.8, 1988 ' 'Ai1AM I , STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned, JAMES W. AUSTIN III, SECR ETARY 1I I of the EXPLORER INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing.ii a full,true and correct copy,is in full force and effect,and has not been I revoked. a, • IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and'affixed the Corporate Seal of the Corporation, this I 29th day of July 19 87 I . . ' '1 1 • • • , • �! I EXPLORER INSURANCE COMPANY r I fl elo e SEAL o� Xy eua")m�) Secretary . Explorer Insurance Company . HOME OFFICE:SAN DIEGO,CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under the laws of the State of ARIZONA and having its principal office in the City of San Diego,California,does hereby nominate,constitute and appoint: JOE A. FERRANTE its true and lawful Attomeysls)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted IZy the Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985,which said Resolution has not been amended or rescinded and of which the following is a true,full,and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of - - ' the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in- Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require,and any such bonds or undertakings executed by any such Attorney-in- Fact shall bF as binding upon the Company as if signed by the President and sealed and attested by the Secretary;' IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 13TH DAY OF JANUARY 1987 �tw\SUg4 EXPLORER INSURANCE COMPANY 4:?.. pevcvq�'Po c EL,SEAL o 9 O l • President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On thisl3TH DAY OF JANUARY 198uefore the subscriber,a Notary Public of the State of California,in and for the County of San Diego, duly commissioned and qualified, came DAVID E. RODRICKS, JR. , PRESIDENT of EXPLORER INSURANCE COMPANY to me personally known to be the individual and officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposeth and saith,that he is the said officer of the Corporation aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation,and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego,the day and year first above written. OFFICIAL SEAL NORMA PORTER 59P4(4) f •hin 114',t ROTARY PUBLIC-CAUFORMIA 4'L Q3 i".r .�1- it Prin:!pal Office In San Diego County Notary Public f- My Commission Exp.Jan.8. 1988 } 9x1RA ii4P.PdS•oSl4R!AIMIA WW1 Vit STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO I,the undersigned, JAMES W. AUSTIN III, SECRETARY of the EXPLORER INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect,and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 1St day of June 19 87 - — EXPLORER INSURANCE COMPANY <1ICSIJ '���/.',rte--/y,,n�- �1 SEAL_ o� a3.44144 K 'a m ,�/ Secretary `�;\zorraj o • 1j1 1,01/ ik 1: B I DO E R ' S BOND • KNOW ALL MEN BY THESE PRESENT: • THAT NE Andero Concrete, Inc. 1(1 . 'aa PRINCIPAL, and Explorer Insurance Company as SURETY, are held and firmly bound unto the City of Cupertino in the penal su: of TEN PERCENT (10i:) OF THE TOTAL .A '`UNT OF THE BID of the Principal above name( subcitted by said Principal to the City of Cupertino for the work described below, for the payment of which sum in lawful noney• of the United States , well and truly to be made co the City of Cupertino to which said bid was submitted , we bind ourselves, our heirs , executors, administrators and successors , jointly and severally, fiimly by these presents . In no case shall the liability of the surety hereunder exceed the sum of $ TEN PERCENT OF THE BID AMOUNT THE CONDITION OF THIS OBLICATION IS SUCH, C, THAT, 1.CHEREAS, the Principal has submitted the above mentioned bid to the City of Cupertino , aforesaid, for certain construction specifically described as follows, ffor which bids are tobe opened at City Hall, Cupertino , California on June 9, 1987 (Date of Bid Opening) FOR Barrier Removal Project #4002 NOR, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and canner required under the specifications, after the prescribed forms are presented to hi_ for signature enters into a written contract . In the prescribed form, in acrordafce wit_, the bid , and files -two bonds with the City, STATE OF CALIFORNIA I ss • I COUNTY OF _San_Benito _ On this 1st dayof June 1987 , 4 , in the year , before me, the • undersigned Notary Public, in and for the State of California, persdnally • . appeared Joe A. Ferrante xr personally known to me (or proven to me on the basis of satisfactory C c LS 1, l {� JACQUELINE L 0,',p1 006 evidence) to be the person who executed the written instrument as Attorney r1ti' ?y4 NOTARYRUBOC•C ItDi0CA ) In•Fact on behalf of the Corporation therein named and acknowledged to me i •`-10n1' SAN BENITOCOUNTY r that the Corporation executed it. _ ___Aly Comm.Expires Aug.4,1969_' , ' • • I Given under my hand and the Notary Seal this 1st day of June A.D. 19_87 , rMy Commission expires August 4, 1984 • ��e�o�l�.�c � /,/,'W1� ICW Cal 7ISRt04/a 6) ''i' Notary Public p LABOR AND MATERIAL BOND Bond #02 51 76 KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California; and ' Andero Concrete, Inc. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with 'said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and Explorer 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 tobe 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. TWENTY ONE THOUSAND FIVE HUNDRED FIFTY SEVEN AND 60/100 DOLLARS ($ 21,557.60 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to- such work or labor, or any and all damages arising under the original contract, then said Surety will pay the • same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns ,in any suit brought upon this bond. ` I) P7 I State of CALIFORNIA On this the Cr, day of 4- 1 G 4,67- 191 before me, 0 S o ' 1 County of SANTA_CLARA ss JAMES MCANDREW 6 the undersigned Notary Public,personally appeared 1 oo o L u0/,tib' WOO 0/C-0, - 0 0 U personally known to me 1 o ,proved to me on the basis of satisfactory evidence ti 6 to be the pe n s)who executed the within instrument as 2.�'�Xx'e-c-1/4,04 e�` `'I W t r est COe yr or on behalf of the corporation therein O • ti �``1 JAMES MCANDREW named,and acknowledged to me that the corporation executed it. o r( ^ e NOTARY PUBLIC-CALIFORNIA ; 0 1-g' WITNESS my hand and official seal. e?...s T`: SANTA CLARA COUNTY rn ti ` „�My Commission Expires Oct.9,1990 /�l C 42 -.Cfr�.lJ 0 SNotary's Signature ti CORPORATEACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•Woodland Hills,CA 91364 STATE OF CALIFORNIA ! San Benito ss 29th July 1987 ! l ' • 't COUNTY OF On this _day of , in the year ' :before me, the undersigned Notary Public in and for the State of California, personally e'.' • appeared Joe A . Ferrante 1 • ra:ratassrrunearmserr nrarrsussenush ' OFFICIAL SEAL personally known to me (or proven to me on the basis of satisfactory • , DARBY BERTERO evidence) to be the person who executed the written Instrument as Attorney �' ©Q'_: t( NOTARY PUBLIC — CAUEOflIVIA In-Fact on behalf of the Corporation therein named and ocknoWledged to, me • ' �' COUNTY Or SAN CENITO that the Corporation executed it. i :`•I!' �f I - ,' I.1rli1 . .. • Comm. Exp. Nov. 12, 1988 • Given under my hand and the Notary Seal this 29tl11ay of !Tuly^ • Ysarraumenoscurenemurs:os: i My Commission expires ' //Nov 12 , 1988 l/ I '.•1 ' • Labor and Material Bond Page 2 And the said Surety, for value received, hereby stipulates. and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 29th day of July , 19 87 Andero Concrete, Inc.:. _ Pri y pal (To be signed by Principal / -� and Surety. Notary es ,i, 6 ' '� ' ig` , acknowledgments required.) / Explorer Insurance Co ;._ Surety By: 1e 7.(/1re torney-in-Fact Joe A. Ferrante The above bond is accepted and approved this day of , 19 • - • 6/17/85 Explorer,,Insurance. Company HOME OFFICE:SAN DIEGO,CALIFORNIA I 1 ' Certified Copy of. ; I= i I POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under the laws of the State of ARIZONA and having its principal office in the City of San Diego,California,does hereby nominate,constitute and appoint: ' 1 f I JOE' A. FERRANTE Its true and lawful Attorneyslsl-in-Fact,with lull power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge , r and deliver any and all bonds,undertakings,recognizances or other written,obllgations in the nature thereof. ' 1 j I . I , This Power of Attorney is granted end is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the •,. 1 I Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985,which said I 'I 'i I. Resolution has not been amended or rescinded and of which the following is a true,full,and complete copy I "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of I the Company, and either the President or Secretary, the Board of,Directors or Executive Committee may at any time remove such Attorneys-in- 1 Fact and revoke the Power of Attdrney given him or her;and be it further ' " ' i "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and ' i all bonds and undertakings as the business of the Company May require,and any such bonds or undertakings executed by any such Attorney-in- Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." I ' I .i IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official.seal to be hereunto affixed and these presents to be signed 1 by its duly authorized officers this 13TH DAY ,OF JANUARY .1987 ,' '• EXPLORER INSURANCE COMPANY I c •-Ici. SEAL n HI kut I • '•.1President _ STATE OF CALIFORNIA 1 I , Ii; I ,j1HII'` "I . COUNTY OF SAN DIEGO SS: '.1, • ,'I r on thisl3TH DAY OF JANUARY 198aefore the subscriber;a Notary Public of the State of California,In and for the County of San Diego, duly commissioned and qualified, came DAVID E. RODRICKS,' JR. , :PRESIDENT of EXPLORER INSURANCE CQMPANY to me personally known to be the individual and officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposeth and saith,that he is the said officer of the Corporation aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation,and that the said Corporate Seal and his signature as such officer were duly affixed • and subscribed to the said instrument by the authority and direction of the said Corporation. ' I IN WITNESS WHEREOF, I have hereunto set my hand and affixed mi1Official Seal, et the City of San Diego,the day and year first above written. 1 , ,l OFFICIAL SEAL I. /LS��) )BOTAAYPUBUCCAUFBAkIAI I !fi%!� 1 r t PYIncipal Office Sal/Diego County I Ilj I 'I Notary Public I ' Sly Commission Exp. Jan.8, 1988 , `' STATE OF CALIFORNIA I 'r • COUNTY OF SAN DIEGO S5. , ' i I,the undersigned, JAMES'W, AUSTIN III, ' SECRETARY 'I !I of the EXPLORER INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect,and has not been revoked. ! I i I; P r : I ' 1 1 I.- ' o. IN WITNESS WHEREOF, I have hereunto subscribed'my name as'Secretary, and affixed the,Corporate Seal of the Corporation, this 29th day of July , . 1s 87 , 'I '� 1 1 1 ! EXPLORER INSURANCE COMPANY • 4 I, 1,• t I d• t II I . XS Un� SEAL .v I • �+ %7 +gym ,4/ 1 ' I V 1 Secretary . ceA l,J LiI• , 'r ll' '' . `f0 1,N is , 1 . , 1 Of 1 CERTIFICATE OF INSURANCE ISSUEDATE(MMIDDIYY)- ek,- :-I -: Of • PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 0 WINN & CO. INSURANCE BROKERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, P.O. BOX 220 EXTEND OR ALTER THE COVERAGE AFFORDED BY THEPOLICIES BELOW. ROLLISTER, CA 95023 • COMPANIES AFFORDING COVERAGE . COMPANY LETTER A CNA - San Bruno COMPANY s - INSURED ATTER IF3 Iv ( r 8 V Andero Concrete . COMPANY c.. 7 P.A. Box 7424 LETTER 61� 1 I San Jose, CA 95150 COMPANY LETTER ® c �I_u , . COMPANY E - U-ut� ,"� C,.._ LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR'OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES., CDPOLICY EFFECINE POUCY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMNOMO DATE(MM/DD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY • GENERAL AGGREGATE $ 1 Ono X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1000 A 'CLAIMS MADE ®OCCURRENCE C0000280915 5-31-87 5-31-88 PERSONAL BADVERTISING INJURY, $ IAno )('OWNERS&CONTRACTORS PROTECTIVE _ EACH OCCURRENCE. _ $ POO FIRE DAMAGE(ANYONE FIRE) $ FO • . MEDICAL EXPENSE,(ANY ONE PERSON) $ 5 AUTOMOBILE LIABILITY - . ANY AUTO CS< -- $ mon -_ — ALL OWNED AUTOS . • GODLY _ ' - INJURY X SCHEDULED AUTOS (PER PERSON) $ A X HIRED AUTOS EMILY I�NPJ[UpRY X NON-OWNED AUTOS Mum $ - _ GARAGE LIABIUTY BUA800280916 5-31-87 5-31-88 PDROAPEREIY _ $ EXCESS LIABILITY CCCUACHENCE AGGREGATE OTHER THAN UMBRELLA FORM • - - $ $• STATUTORY WORKERS'COMPENSATION - $ ,nnn, - _ _ _ (EACH ACCIDENT) A AND PWC000277908 10-1-86 10-1-87 $ mon (DISEASE-POLICY LIMIT) EMPLOYERS'LIABILITY - (DISEASE-EACH EMPLOYEE) - $ conn OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES IRESTRICTIONS/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION 1 y o Cupertino • SHOULD ANY.OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. - 10300 Torre AVE. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO' Cupertino, CA ' 95014 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE , LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATI/ i �✓, ... ACORD 25-S(11185) ' .J fl IIR{ACORD CORPORATION 1985 GL 20 10 ffµgrl (Ed.01 73) This endorsement lorms a part ol the policy to which attached,effective on the inception date of the policy unless otherwise stated herein. (The following Information Is required only when this endorsement Is Issued subsequent to preparation of policy.) Endorsement ellective 8-07-87 Policy No. C00028O915 Endorsement No. • Named Insured Andero Concrete ' Countersigned by (Authorized Representative) • • • • This endorsement modilies such Insurance as is al lorded by the provisions ol the policy relating to the following: • COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE • • ADDITIONAL INSURED (Owners or Lessees) It is agreed that: I. The "Persons Insured" provision is amended to include as an insured the person or organization named below but only with respect to liability arising out of operations performed for such Insured by or on behall of the named Insured. ' 2. the applicable limit ol the company's liability for the insurance allorded under the Contractual Liability Insurance Coverage Part forming a part of this policy shall be reduced by any amount paid as damages under this endorsement on behalf of the person or organization named below. Name of Person or Organization (Additional Insured) • • The City of Cupertino • • • • • • • . • • • GL20100173 : ,_ _