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87-039 Raisch Construction Company, Foothill Blvd Overlay Project No. 88-103 W � T ° lr J Cites of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408)252-4505 OFFICE OF THE CITY CLERK ` October 27, 1987 Carol Scharz, City Clerk City of Ins Altos One North San Antonio Road Los Altos, CA 94022 COOPERATIVE AGREEMENT - OVERLAY OF FOOTHILL BOULEVARD Dear Mss,-Scrlarz: We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Los Altos, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 7333, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, October 12, 1987. Sincerely, , DOROTHY CORNWUS CITY CLERK / - CITY OF CUPERTINO • DC/so encl. RESOLUTION NO. 7333 A RESOLUITION OF THE CITY COUNCIL OF THE CITY OF CUPER'ITIINIO AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF CUPERTM AND THE CITY OF IDS ALTOS PROVIDING FOR THE OVERLAY OF FOOTHILL BOULEVARD AT CUPERTINO'S WESTERN CITY LIMITS WHEREAS, that certain portion of Foothill Boulevard located within the jurisdiction of Cupertino and.the City of Los Altos is scheduled for an overlay project; and WHEREAS, in the best public and economic interest, Cupertino and Los Altos desire to cooperatively complete the overlay of Foothill Boulevard located within adjoining cities; and • WHEREAS, there has been presented to the City CJoundil a cooperative agreement between the City of Cupertino and the City of Los Altos for the overlay of Foothill Boulevard and the provisions of said agreement having been approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BENT RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cuperino this 17th day of October , 1987, by the following vote: Vote Meters of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None • ARSTATN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ W. Reed 'Sparks City Clerk Mayor, City of Cupertino } ' N. AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE CITY OF LOS ALTOS FOR THE FOOTHILL BOULEVARD OVERLAY PROJECT THIS AGREEMENT, made and entered into this i2 " day oft ) 1987 , by and between the City of Cupertino, a Municipal Corporation of the State of California, ( "Cupertino" ) , and the City of Los Altos, a Municipal Corporation of the State of California ( "Los Altos" ) ; WITNESSETH : WHEREAS, the public interest requires the improvement of Foothill Boulevard at Cupertino's western city limits, which improvement consists of the overlaying of the existing pavement and associated work, all of which said improvements shall be hereinafter referred to as the "Foothill Boulevard Overlay Project" ; and WHEREAS, the aforementioned Foothill Boulevard Overlay Project lies on portions of Foothill Boulevard located within Cupertino and Los Altos and each of said parties has the responsibility for the improvements within their respective city limits; and WHEREAS, it is in the best interests of orderly and economic construction to complete the Foothill Boulevard Overlay Project through the joint action of Cupertino and Los Altos and under a single construction contract awarded and administered by Cupertino; NOW, THEREFORE, for and in consideration of their mutual promises, covenants and agreements hereinafter set forth, and subject to the terms, provisions and conditions set forth below, the parties hereto do agree as follows: 1 . Preparation of Plans and Specifications. Cupertino shall prepare and submit to Los Altos for approval, plans and specifications for the improvement of Foothill Boulevard. Cupertino shall advertise the Foothill Boulevard Overlay Project for bid and shall award a contract to be supervised to completion by Cupertino. } r � 2 . Los Altos ' Estimated Share of Cost . Los Altos shall pay to Cupertino within thirty (30 ) days of the award of bid, nine thousand six hundred Dollars ( 9 ,600 ) , which is the amount presently estimated to be Los Altos ' share for the portion of the project lying just northerly and southerly of Cristo Rey Drive. Los Altos shall pay the exact amount, calculated upon completion of said project, representing Los Altos ' equitable share of the cost of said project . In no event, without subsequent modification of this Agreement and mutual agreement of the parties hereto, shall Los Altos ' share of the cost of the construction of the Foothill Boulevard Overlay Project exceed the sum of twelve thousand Dollars ($12 ,000 ) . As used in this Agreement, the term "construction cost" shall mean the total of all costs incurred and expenditures made by Cupertino for bid items as shown on Exhibit "A" attached hereto and incorporated by reference herein, in connection with constructing said Foothill Boulevard Overlay Project . 3 . Insurance . Cupertino shall require the contractor awarded the contract for said Foothill Boulevard Overlay Project to secure and maintain in full force and effect at all times during construction of said Foothill Boulevard Overlay Project and until said Foothill Boulevard Overlay Project is accepted by Cupertino, a public liability insurance policy or policies satisfactory and acceptable to both Los Altos and Cupertino, insuring Los Altos and Cupertino and their respective officers and employees from and against any claims, loss liability, cost or expense arising out of or in any way connected with the construction of said Foothill Boulevard Overlay Project . The aforementioned policy shall contain a provision that the insurance afforded thereby to Los Altos and Cupertino and their respective officers and employees shall be primary insurance to the full limits of liability of the policy, and that if Los Altos or Cupertino, or their respective officers and employees, have other insurance against the loss covered by such policy, that such other insurance shall be excess insurance only. • r�. 4 . Termination. This Agreement shall terminate on June 30 , 1988 if Cupertino has not awarded the contract for the construction of the Foothill Boulevard Overlay Project prior to that date, unless the date of termination of this Agreement has been changed by an amendment hereto. In the event of such a termination, Cupertino shall refund to Los Altos all sums advanced under Paragraph 2 of this Agreement . Witness the execution hereof the day and year above set forth. ATTEST: 43kaT9SC CITY OF LOS ALTOS City Cl %fes A Municipal Corporation 0 By 4 `sl .. > l. Lt. _e'/L ( i it k�w r Mayor �— o / 4111 ( Seal) • ` � ,.,_ `,� ti� ED DEC60 . ATTEST : CITY OF CUPERTINO City Clerk A Municipal Corporation By / ,// i — `(/0R ' , .;'Q P Mayor Approved as to form: City Attorney / Cittj of Cupertino 10300 Torre Avenue Cupertino, California 95014 P.O. Box 580 Telephone: (408) 252-4505 Cupertino, California 95015 OFFICE OF THE CITY CLERK October 5, 1987 Raisch Construction Co. P. 0. Box 729 Mt. View, CA 94043 FOOTHILL, BOULEVARD OVERLAY PROJECT 88-103 We are enclosing to you for your files one (1) copy of the Contract for Public Works by and between the City of Cupertino and Raisch Construction Company, which has been fully executed by City Officials, award of contract was approved at the regular meeting of the City Council of the City of Cupertino, on September 21, 1987 Enclosed please find your bid bond. Sincerely, • D3 THY CORNELIUS CITY CLERK CITY OF CUPER INO DC/so encl. • cc: Department of Public Works - CONTRACT FOR PUBLIC WORKS CONTRACT made on October 2, 1987 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and RAISCH CONSTRUCTION COMPANY ,hereinafter called the CONTRACTOR. • IT IS HEREBY AGREED by the parties as follows : 1 . THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents : A. Plans and Specifications for FOOTHILL OVERLAY, PROJECT 88-103 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 an the other, the Plans and Specifications shall prevail. 2 . THE WORE. 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 Foothill Overlay, Project 88-103 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, Foothill Overlay, Project 88-103 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 : ONE HUNDRED SIXTY TWO THOUSAND EIGHT HUNDRED TWO AND 90/100 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, =saiddispute--shall be deteimiaed reither _.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, efc. , for the construction of the project; - give all necessary notices , pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. • 6 . INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. 7 . EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, • Page 2 deviations, additions or omissions from the Specification or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices , if applicable, or in accordance with the agreement of the parties , or in accordance with the rules of the American Arbitration Association if the parties are unable to agree . No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS . The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices , if applicable, or in accordance with the agreement of the parties, or in accordance with _- the .rules of the American Arbitration' Association- if ' the ' ^ parties ate 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 : FIFTEEN (15) WORKING DAYS FROM THE NOTICE TO PROCEED If the Contractor shall be delayed in the work by the acts or. neglect of the City, or its employees, or those - under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor' s control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents . Page 3 11 . INSPECTION AND TESTING OF MATERIALS . The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency , or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate . In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract, or does not commence performance thereof -_within thirty days from the date of the serving ofs_uch `notice,'= the ::"`:' City may- take over the work and prosecute the same tocomp'letion 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 beeffective 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 Ci.ty,yor by depositing the same in the - United'- States- mails; enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: P.O. BOX 729, MOUNTAIN VIEW, CALIFORNIA 94042 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United ' States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. N 1 ASSIGNMENT OF -CONTRACT. Neither-the Contract,Thor any' part V tFiereof; -nor moneys:due- or to become due--r thereunder, "'` may be - a'ssiireed=by-the ' Contractor without the prior written approval of- ` 16 COMPLIANCE WITH SPECIFICATIONS OF MATERIALS . Whenever in the Specifications, any material or process is, indicated or ..specified by patent or proprietary _name,.__- or_tby_ _ name of manufacturer luch7Specifications must--he 'met�tiy=`Contfector. = un1'ess 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 broughtupon the bond. 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'sTulo;zo;TTED 30 e4e;S ay; go apoD zogg7 94; 30 STET uoT4oaS Aq papTnozd se ';deoxa 'XaaA zepuaTgo Quo Ault buTznp sznoy A;so; pug Asp swpue wo auo dug buTznp sznoq ;45Ta .uwq; 91ow. uoazaq; J(zon o; pa;;Twsad AO pasTnbaz - q Hells ;OwzuoD sTM; Aq Pa;ETdwa;uoO XzoM aq; ;o--.-;sed. Aus:uodn...so. -- - - - X a�y ;-a ,Undo:. ;Ovi;vol s1J; zapun sso;Des;uoagns so zo;OEz;uo gns Aum Aq so so;owz;uop aq; Aq awl; Aug ;e padoldwa OTue oaw zo 'ueupoa 'zazogvT ou ;Ey; pa;eTndi;s ATesazdxa sT ;T pus azapunazaq auop Xsow - Tie' • vodn- aoTesas ;o sznoy wnwTxew ay;-___ e;n;T;auoo -z; -Xaay"zepuelva>.auo- Aue buTznp zogwT go sznoy -A;so; .. -put 'ilep '' zepuaTEO auo AvE buTsnp zog }i8 ET go sznoy 44bT3 0M- 30-,S2i1]OH 'OZ.: _ _ > -- ' r ^� ay; zo-;- sE pzsII A; a ,-- •oTTgnd Tgzavab day; go• 'a:F3auaq!ssasdxa^ h eLl-S -uas .zei YOar44 ya :undo. A;FTTgeTAve_ rasodwT_. ;ou .-.TTeys pazTnbaz aq A Si csa4iss;o` ' suoTsTnozd/ ayy 'OTTgnd aq; ;oa;osd o; zapun ez aq Aim c g pue subTs B5uTu2EM yons ;osz;uoD en; c F4 goasznoo ay; buTznp asuadxa pue ;soo aloe F4 ;e uTe;uTew pus daaj AzgssaOau Sc ;T zanasay, .TTEys zo;OEz;uop SO ay; iatioqs ay; balpuE;sq;Ta;oN ;owe;uop 5T4; zapun pe1Tw;suT asnpaaTddns TETIQ;ww so OTOT;zw dug ;o '1130A pies ;nog? so 'uo ' UT Law 4; ;o aOuanbasuoo uT vol;Ezodsoo zo wsT; ' suoszad so uocsad , Law ;3os;uosva=ua;ltd 94; ;o ;'uawabuTz;uT pabeTTE so ;uewabuTs;uT v so q 3O NzoA PTEs ;o aouewzo;sad ay; go assnoD ay; F ';o vosvaz Aq suoszad zo uoszad Au? Aq pauTE;sns A;zadozd o; abewep zo AsnFuT Tvuoszad ;o asnwoaq do ;as eq zo asTze awl;' due ;e dew ;e4; 'd;Tuba uT SO NET uT 'casuadxa So 's soo 'sebewep us woz; ;oasay; s;uabv . puw 'caadoldwa 'ssaoT;;o us Pus A;TD egg . ssaTwasy PTo4 pue 'da;X 'am TTTM zo;Oez;uoD ayy ' SS3'IWBvn auos ' 6T aq TTeMs aouesnsuT say;o yons 'AoTTod yons AgdpazanooeznsussoTT wQao;suTebe aouwznsuT 30440 QAE4- 'saadoldwa pus sza3 o . 4g _,3T ,_.-,.= ;w4; : pug --AOTTod ay; 3o A ETT go T33 TTU se A04 a AzeuTzd aq TTltys 'caadoldwalpus szao s;ows1TT T'L3 D aq; 4 Agaz aq; Papso3;g aousznSUT a4; ;s zd sal O3T� o; S gzay; 'aouEznsugo 4; uolsTnosd v vie;von osis TTEys yOF4M aq szns T oaad1Odwad Lions Ave uo spaznsuT TeuoT; FPPE BE paweu ue pug szaoT33o s; paw A yy y; SEPTSsa ;ou ;unowe us uT aousznsup A TTS a 00'0saaozd I aFTT9ET'I a6ewep n;zaaosd • 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, workmen, and mechanics played 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 eachcraft, 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, ter, worked _,each day _?and--week-, -,and the_ actual per diem tirages--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 subdi'visionl-:(a) hall 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 co py of an employee' s payroll recordshall 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 toa 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.- 4 -request by the public shall be made through either the body awarding the contract, the Division ' of Apptenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given. : access to such - tecords at the principal office of the Contractor. (c) Each Contractor shall file a certified copy of- the records enumerated in subdivision (a) with the entity that • requested such records within ten (10 ) days after receipt of a written request. Page 8 • • (d) Any copy of records. made available for inspection as copies and furnished uponrequest 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- -contract4 or perfbriu ng--- " - 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 ($25.00 ) for each calendar day or portion thereof, for each worker, until strict compliance is _effectuated. _Upon :the•. request of -the Diysi ion-nf Apprentieeship --rte'= - 2- =-. Standards 'or -the -..Division of Labor=Standards° Enforcement; 'such `"" r.s- . . penalties shall be withheld from progress payments 'then'`due V -rte (g) The body awarding the contract shall . cause to be- inserted in the contract stipulations to effectuate -this `=section.. : Such stipulations- shall fix the responsibility for compliance with this - section on the prime contractor. - - Th) The director shall adopt rules consistent`.`i+ith' the-Cal- for nia Public Records Act, (Ch: 3 .5 (commencing with Section 6250) of Div. 7; Title 1. Gov. Ch. ) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, - Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775 .5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. • - Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade 'at which he ` is employed, and shall be employed only at the work of- the craft- or trade to which he is registered. • • • Page 9 • OT abed • • sdep buTNIOM (c, ) aAT; ve4; ISMS; Io ( D0. 000'Z$) 6SETTOP Puvenoy; oM ueq; esaT buTAToeuy 'Io;ovs;uoo awyzd zo Tlesavab v ybnozy; Xs0M so= . ; burppT9 ;ou szogovsquoo d;Te1oads go s;DYz;uoo o; Io sdep Oup(pQM -(OZ ) d;uaeq so ( 00.000' 0E$) puesnoyq d;ITq; vett; ssaT buTAToAUT szo;3Ys;uo3 Tesauab ;o s;oes;uoa04 dTdde lou TTs4s ❑oT;oas sT4y •U0T4o9s 2T41 uT y;zo; ;as se oT;ea 5-o;-T a41 so; aog0vz;uo0 ay; -buT;dwaxa- a;uoT;Tgsao Y ;ueib dew spsepuY;S dFyleaoF;uazddt{ • „_ ;o -uoTsTATn 944-"uaws ausnoc SAT; 43va 04 aoTauasdde auo• uvq; esaT ;ou ;o abvzaee Teatime uv uo goesquoo sTyq ;o TTY uo a;vqe 94.; uT -apes; -s'b ;flap yons - uT sa3Tquasdde sAoTdwa aq 4244 so;oezquon 944, .Sq buTMoys sadosd uodn •spzepuegs dTysaoT;uazdde: ay; uT pageTndF;e uawdauznoc 04 saofl uasdde ;o of;es egg so saoTquesdde ;o. zaquinu aq; AoTdwa TTYys" 'Splesq so ;;e23 yons yT paeosdde STsnoTAasd uaaq evy ay ;T so 'a;uoT;T;sao TvAozdde 94; ;o aouvnesT ay; uodn 'uoT;oas sly; dq pazanoo sT a4 3T 'so;ays;uoogns so 20;322490D ayy • uoT;oaa sT4;, uT papTAosd Ssynsay;o se .;daoza -'uamdausnoc SAT; 4ove Io; Sof;uasdde euo veyq esaT eq of;es aq; TTeys -Sseo ou uT ;nq se;vsado ae;;Fwwoo dTysaoTquazdde ;uT.oc..ayq HoTi^ sapun spa-spurge dyyea3F;uazdde egg uT page-pulps ape/ egg aq dew Xz.oa 3TTgnd ay; uo ape=; so ;rasp 944 uT padoTdwa aq TTeys pot uamdausnoF o; saoTgvasdde go ones eqy • epsvpue: s dTysaoT;uasddv TvooT .944 dq pazanoo dpeasTe ase day; papTAozd saa;;Fuwoo dTysaoT;uazdde ;uyoF TVaOT o; TYAosdde zo; SUOTgPOTTdde --TssPT43PuT .-3_Twgns , . ` o;- paaTnbas aq ;ou TTv4s Iso;avzquoogns '- Jo sip;DPO vz; J IST;,TsotiTW puv- ,vamoM so; dTysaoT;uasddv uT uoTroe SAF;euizF3;v Puv ,;uamdoTdma 'T-vnbe asnsUS o; Naomi oTTgnd 744 ;o a;Ts LL eya;k4ou Y92,12 9y;^mvWS_PI =o-;;eso ,ay; ;o spzepue;s dTysaoT;uazdde �� aya burz;;sTu wipe acaa;;Funuo� . so as;;Fuwoo dFysaoT;uasddv._ ;u-FoF_ - := m. ayd uodn -Sgn aF;�a�% 33?4 uv raq::.TTv4s, azayy:.:_ .vofaoas -sT4a '4gTw,, -.. -. 71' ` = � XTdwbt6='o$l sapzo--uT so4aez;uo5gns zo so;ovz;uon 94; o; saOT;uazdde 3o yogedsfp ay; so; abvesse TTvys 'so;oezguoogns so so;ovz;uoo ;oacgns egg buTAosdde o; ;uenbaegns 'saa;;Fmwoo so dTysaoT;uasdde ;uToF aqy •dTysaoT;uasddy go zo;es;sTuTucpy ay; ;o TYAOzdde 94; 04 ;oacgns aq TTYys sea;;Twwoo zo as;;twwoo dFysaoT;uasdde ;uToc a4; dq P94sTTgv;s9 se Tvnozdde 944 ;V44 '1949M04 'papTAosd (pa;oa;;v ds;snpuT zo van aq; uT sdTyea3F;uazdde Jo buT1Tvsq ' pule ;uawdoTdwe ay; so; spsvpue;s dFysaoT;uazdde aq; zapun zogays;uoogns so 20;093;11ol ay; buTAozddv egEDT;T;saa v so; pion oTTgnd ay; so a;Fs ay; go PM ay; uT apszq zo a;ezo a4; ;o spzepue;s dTysaoT;uazdde 94; buTza;sTuTwpe as;;Twwoo dTysaoT;uasdde ;uToF ay; o; dTdde TTYys zo;oez;uoogns pus so;ovz;vol a4; 'apes; so ;;e.= dTgleaoy;uasddv -Aug uT v9UXIOM vdoTdwa ';fes;uoogns zo ;oWz;uoo ay; zapun )(son ay; ;o Ave burwso;sad uT 'wF4 zapun Iog3Yz;uoagns Sue Io 'uoTsyATpgns TwoT;TTod due Io a;v;s' a4; Ara pepznnn sT roes;uop egg =yak e; so;ovsquon egg ua4M •buTvTez; sF ay 40T4M zapun s;vawaasbe aoT;vaid'd$' pUi"spsvpu-e s- dT4sa3F;,uasddv ay; go auoTsTAosd 94; 41TM aouepsoaov uT 99 TTe4s aoT;uazdde yoga ;o buTu,Tes; pup quawdoTdwa a4.L •sXzoa oTTgnd uo padoTdwa eq o; aTgTbTT,a . ase ,apop zoge7 944 Jo 'E uoTaT4TQ ' (OLDE uoT;oaS 44Th buTnuamwoo) t sagdvy0 zapun s;uawaesbe aoT;uasdde ua;;T1M pue spzepue;s dFysaoT;uasddv zapun buTuTesq UT ase O4M ' LLOE UOT4oaS UT POUT;9P 6e ' sa3F;uazdde STup • "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council . The joint apprenticeship committee shall have the discretion <to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship,._ exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are met: (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in such area exceeds a ratio of 1-to-5, or (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 -taak_;to- which-.,the apprentice__ :.- When such exemptions are granted to -an organization which represents contractors in a specific trade from .the. i to 5 ratio on _ a local or statewide basis the •member----con£factors -will. not .be required to submit individual applications for-=`approvai - to local jointnenapprenticeship apprenticeship committees, provided they are. already covered by standards. tt contractor to whom the contract is awarded, or any subcontractor under him, who, in performing any of- •theswork; under Ore .Contract, employs journeymen or apprentices in any apprenticeable craft or trade and who isnot 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 contractor or _ subcontractor may add -- the - amount of such contributions in computing his bid - for the contract. The- Division of Labot' Standards Enforcement is authorized to - enforce the payment of idcW.dOntributions to the fund or funds as set forth in Section 227 . Page 11 • The body awarding the contract shall cause to be inserted in the • contract stipulations to effectuate this section. Such • stipulations shall fix the responsibility of compliance with this section for .all apprenticeable occupations with the prime contractor. All decisions of . the joint apprenticeship committee under this section are subject to the :provisions _of • Section-.. 3081. • .(Amended by Stats. 1976 , Ch. 1179) 1777.6 It shall be unlawful for an employer of a labor union to refuse to. accept otherwise qualified employees as registered' apprentices onany public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by • Stat. 1976, Ch. 1179) 1777 .7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777.5 , such contractor shall: (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and ( 2) Forfeit a9 a civil penalty in the sum of fifty dollars C$50,00 )._for..each;_calendar. day of.noncompliance Nothwi'thstandin -" --,,-Ehe ==`provisions. • 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 tor 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 third Friday 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 _-,y__calendar-_month,' by=retie Contractor, but the-"City '_ wil retain_ en 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 3lth'in'telT 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) dais 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 notr' indicated . ,dn--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 asbuildings, - and- meters and junction boxes on, or adjacent to; the-_"construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while • performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25 . CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. . NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, ' obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: - earthquakes and tidal waves, when such occurrences or conditions and effects have been 'proclaimed a -disaster or state of emergency by the Governor of the State of California or by the President of the United States, ' or were of a magnitude at the site of the work- sufficient to have caused a proclamation of disaster or state of' emergency having . occurred in a populated area. Subject to the foregoing, the City shall not, , in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, Page 14 on, or about the same during its construction and before acceptance. 26 . CONTRACTOR'S GUARANTEE. The Contractor . unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans 'and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the date of acceptance of completion of this Contract by the city, the Contractor' will forthwith remedy such defects without 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 ONE HUNDRED FIFTY AND N0/100 DOLLARS ($150.00) _for each and every calendar day_ 'during which ==said. work- shall- remain uncompleted ' beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; -and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder,, or his assigns and successors' -at the time of completion, and his sureties shall be liable to the City any excess. 728. ADDITIONAL PROVISIONS. None Page 15 STATE OF CALIFORNIA COUNTY OF SANTA CLARA�"' • On this23rdlay of September 1987 , before me, Frederica M. Howell , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Ronald L. Sheary • • , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as 'the attorney-in-fact of RAISCH CONSTRUCTION CO. , a copart- nership composed of A. J . RAISCH PAVING CO. , a California Corporation, RAISCH PRODUCTS, INC. , a California Corporation, and RAISCH EQUIPMENT CO. , a California corporation, and acknowledged to me that he subscrived the name of RAISCH CONSTRUCTION CO. , a co- partnership composed of A. •J. RAISCH PAVING CO. , a California corporation, RAISCH PRODUCTS, INC. , a California corporation, and RAISCH EQUIPMENT CO. , a California Cor- poration, thereto as principal and his own name as attorney-in-fact. In witness. whereof I have hereunto set my hand and affixed my official seal in the County of .Santa Clara the day and year: in this certificate first above written. e. ®LCOBC5anICS:7.::A6LSCSEM61E711itEC63C1:wt06C602210IA 1 y-'•.^--\ F EDER-ICA M. HOWELL „ ` °" R,S,.'. NOTARY PUBLIC-CALIFORNIA; 6.: . j " a. PRINCIPAL OFFICE IN , e )•' . 0a_ L �1 L Yd • 3J • '`r SANTACLARACOUNTY 'otary 'ill c . n an, or t e ounty o My Commission Expires Oct 5, 1890= Santa Clara , State of California �:.1°L:d^CLcuT.P;O2,,,,;., G7t71C01Y°2:11;:111:19 0� File: 98,019.4 • 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 �5%o 1.Maouncilmember ayor City Attorney City Clerk: (6—2-47 itY2 Date/City" lark: • CONTRACTOR: RAISCH CONSTRUCTION CO. • • • By: Ryx1,,4:212L&. \ Notary acknowledgment required. Ronald L. Sh_ary, Attorney-in-Fact If a corporation, corporate seal and corporate notary acknowledgment required. Project. Name and Number: FOOTHILL OVERLAY, PROJECT 88-103 Contractors Name: RAISCH CONSTRUCTION COMPANY _ • P.O. Box 729, Mt. View, CA 94042 Contract Amount: ONE HUNDRED SIXTY TWO THOUSAND EIGHT HUNDRED TWO AND 90/100 DOLLARS • . ($162,802.90) • •,CCOnlrart• Account Numbers. 110-993-71& , • • Page 16 • • rr< SPECIAL POWER OF ATTORNEY • KNOW ALL MEN BY THESE PRESENTS : That A. J. RAISCH PAVING CO. , RAISCH PRODUCTS, INC. , and RAISCH EQUIPMENT CO. , corporations organized and existing under the laws of the State of California, and having their principal office in San Jose , California, do hereby constitute and appoint A. G. RAISCH, STEVEN W. GOSSETT, RAYMOND L. MESSA, RONALD L.. SHEARY and LEO J. CACITTI their true and lawful Attorneys-in-fact to sign, execute, seal , acknowledge and deliver for , and on its behalf, and as its act and deed, at any place within the United States , -any and all bonds , recognizances , undertakings, contracts or other writings obligatory in the nature thereof, any such obligations within the United States , in any amount. Any said corporations hereby ratifies and confirms all and whatsoever said Attorneys- in-fact may lawfully do in the premises by virtue of these presents . This appointment is made under' and by authority of the following resolution passed by the Board of Directors of each of said corporations at a meeting held at the principal office of said corporations a quorum being present and voting on the 28th day of April , 1972, which Resolution is still in effect : "RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Corporation, in its name and as its acts , to execute and acknowledge for and on its behalf any and all bonds , recognizances , undertakings , contracts of indemnity or other writings obligatory in the nature thereof, with power to attach thereto the seal of the Corporation. Any such writings so executed by such Attorneys- in-fact shall be as binding upon the Corporation as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons . " IN WITNESS WHEREOF, each of said corporations has caused these presents ' to be sealed with its corporate seal , duly attested by its Chairman of the Board and its Secretary, this 23rd day of February, 1987 . A. J. RAIS/CHH ING CO. RAISC PROD S„.. INC. RAISC EQUIJ T CO. By B 'Efi , P esident P esident President fG • BY ;50/4../lefidi • By a de, 1�, % By /J� /� -"--i cretary ecretary Secretary STATE OF CALIFORNIA ] / COUNTY OF SANTA CLARA ] On this 23rd day of February, 1987 , before me , came the above- named President and Secretary of A. J. RAISCH PAVING CO. , RAISCH PRO- DUCTS , INC. , and RAISCH EQUIPMENT CO. , to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceeding instrument are the corporation seals of said corporations and that the said corporate seals and their signa- tures as officers were duly affixed and subscribed to said instrument by the authority and directions of said Corporations . o n vIA' Notary Public < oFFiCiAisEai, " " My Commission Expires Aug . 20 , 1990 KATHLEEN A WCAIG e � g NOTARY PUBLIC CALIFORNIA SANTA CLARACOUNTY �� My Canm.Expimr Aug.T0,1990 I , the undersigned, Secretary of A. J. RAISCH PAVING CO. , a California corporation , hereby certify that at a Special Meeting of its Board of Directors , held on April 28 , 1972 , the following resolution was adopted: RESOLVED: That this corporation and RAISCH EQUIPMENT CO. , a corporation , and RAISCH PRODUCTS , INC. , a corporation, shall form a corporate partnership to do busienss as RAISCH' CONSTRUCTION CO. for the purpose of contracting for and constructing roadways and highways , and that any officer of this corporation is authorized to execute contracts on behalf of the said partnership. I , further certify that at an Annual Meeting of the Board of Directors of A. J. RAISCH PAVING CO. held on September 29 , 1986 , the following officers were elected by the Board of Directors for the fiscal year 1986 1987 , to serve as such, commencing September 29 , 1986 , until successor officers are duly selected. ALBERT G. RAISCH Chairman, President, and Chief Executive Officer ROBERT T. GREENE Executive Vice President and Chief Operations Officer JOE T. THOMASON Executive Vice President, Treasurer , and Chief Financial Officer STEVEN W. GOSSETT Senior Vice President and General Manager of Construction and Construc- ion Products Activities BRYAN A. RAISCH Secretary and Legal Counsel SUSAN A. SILVA Vice President LAWRENCE J. Vice President and Manager of Land KLAMECKI Development Division MICHAEL M. McHALE Vice President and Manager of Accounting Division RAYMOND L. MESSA Vice President and Manager of Structures Division DANA K. RAISCH Vice President and Director of Industrial Relations DOUGLAS E. RAISCH Vice President and Manager of Products Division • RONALD L. SHEARY Vice President and Manager of Construction Engineering LEO J. CACITTI Vice President and Manager of Field Operations A. J. RAISCH PAVING CO.C Kjetri BRYAN,P . RAISCH, Secretary ATTEST,: r' ! , STATE OF CALIFORNIA COUNTY OF SANTA CLARA ss. On this 23rdilay ofseptethber, 1987 , before me, Frederica M. .Hocell , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Steven W. Gossett , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as 'the attorney-in-fact of RAISCH CONSTRUCTION CO. , a copart- nership composed of A. J. RAISCH PAVING CO. , a California Corporation, RAISCH PRODUCTS, INC. , a California Corporation, and RAISCH EQUIPMENT CO. , a California corporation, and acknowledged tome that he subscrived the name of RAISCH CONSTRUCTION CO. , a co- partnership composed of A. :J. RAISCH PAVING CO. , a California corporation, RAISCH PRODUCTS, INC:, a California corporation, and RAISCH EQUIPMENT CO. , a California Cor- poration, thereto as principal and his own name as attorney-in-fact. In witness whereof I' have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. • ®0:10A011018:1t0Q1313tmtit:36llllluUt10011t11:16011016fl t-37I C PHOT RYPUB M. HOVVELAE .9�!///y%I40 CA vv.5 �_ 7 NOTARY PUBLIC-CALIFORNIA C9 4c lAV PRINCIPAL OFFICE IN SANTA CLARA COUNTY Notary Public in and for the County of My Commission Expires Oct.5/1990 Santa Clara, State of California 1C0C 11:233Ct:CSZNIVI333N1:::R6171B:01060tC1Midi • FAITHFUL PERFORMANCE BOND • Bond # U 51 42 49 Premium: $733. KNOW ALL MEN BY THESE PRESENTS: THAT WE, RAISCH CONSTRUCTION CO. as Prin4p}sl and UNITED PACIFIC INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of ONE HUNDRED SIXTY TWO THOUSAND EIGHT HUNDRED TWO AND 90/100 Dollars ($ $162,802.90 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, - successors and assigns, jointly and severally, firmly by these presents . THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated , with the Obligee to do and perform the following work to—wit: FOOTHILL OVERLAY, PROJECT 88-103 . NOW, THEREFORE, if the said Principal shall well and truly perform the work ' contracted to be performed under said contract, then this obligation shall be - void; otherwise to remain in full force and effect. INWITNESS WHEREOF, this instrument has been duly executed by the Principal -- -- • - - . er , 19 87 . STATE OF CALIFORNIA ', 5S. County of Santa Clara On September..2.3,338defore me, P-,40.a..•1,..f9dgnwr ' Notary Public, State of California, duly commissioned and sworn, personally appeared Jody A. JQhn$p,q,,,,personally known RAISCH CONSTRUCTION CO. to me to be the Attorney-In-Fact of the Corporate Surety that ' executed the within instrument, and known to me to be the person Principal � /: �) . who executed the said instrument on behalf of the Corporation By: il..} .74 herein named and acknowledged to me that such Corporation Steven W. Gossett, Attorney-in-Fact executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed IJNITFD PACIFIC: INCIIRANCF COMPANY Santa Clara Surety my official seal in the County of the day and . year In this certificate first above written. 2f-Rir\,41--017 C7 . ��� � Attb ey i Fac . Jody A. ohnson :y ' _ ,fin•, EARLA J.WAGNER [is day of , 19 1.La- _ n NOTARY PUBLIC-CALIFORNIA SANTA CLARA COUNTY v;i + A y Commission Expires Oct.29,1990 Bond # U 51 42 49 Premium: Included In LABOR AND MATERIAL BOND FP Bond. KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and RAISCH CONSTRUCTION CO. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and UNITED PACIFIC INSURANCE COMPANY as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and -" all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who ,R ;. .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 SIXTY TWO THOUSAND EIGHT HUNDRED TWO AND 90/100 DOLLARS ($ 162,802.90 ) . 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 COUNTY OF SANTA CLARA)ss' On this23rddav ofSeptember , 1983 , before me, Frederica M. Howell , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Steven W: Gossett , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as "the attorney-in-fact of RAISCH CONSTRUCTION CO. , a conart- nership composed of A. J. RAISCH PAVING CO. , a California Corporation , RAISCH PRODUCTS, INC. , a California Corporation, and RAISCH EQUIPMENT CO. , a California corporation, and acknowledged tome that he subscrived the name of RAISCH CONSTRUCTION CO. , a co- partnership composed of A. .J. RAISCH PAVING CO. , a California corporation, RAISCH PRODUCTS, INC. , a California corporation, and RAISCH EQUIPMENT CO. , a California Cor- poration, thereto as principal and his own name as attorney-in-fact. In witness whereof I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. E:muaui Inst: vCtttt:eaaattesci auatttataa"oa neat ' s eve,\.,FREDERICA M. HOWELLg /•. NOTARY PUBLIC-CALIFORNIA E. f/�--(�_. C �� ,,/J/�//�/- i. PRINCIPAL OFFICE IN E `/_ 914,021 ` f '• SANTA CLARA COUNTY. F. rotary um is in and or the County of My Commission Exprres Ott.5. 1990 Santa Clara, State of California u-�t:attsatetttuutaststazttatgumtltseta111111 ae� • r ;• 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 day of , 19 23rd September 17— RAISCH CONSTRUCTION CO BY: � . � LrJ/�, (To be signed by Principal Prin ipal and Surety. Notary Steven W. Gossett, Attorney-in-Fact acknowledgments required.) UNITED PACIFIC INSURANCE COMPANY Surety STATE OF CALIFORNIA SS. County of Santa Clara / or�.eptember. 23..198Earla J. Wagner By:to .7,before me, Notary Public, State of California, duly commissioned and sworn, .,' ne�i n—F-Q personally appeared Jody A. Johnson personally known 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 this day of my official seal in the County of Santa..G1dCd... the day and year in this certificate first above written. LC• �� v _ EARLA J. WAGNER i ` NOTARY PUBLIC-CALIFORNIA - Et SANTA CLARA COUNTY 1r r? _, My Commission Expires Oct.29,1990 tie • 6/17/85 UNI'g'i D PACIFIC INSURANCE COT iPA.NY HEAD OFFICE,FEDERAL WAY, WASHINGTON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the UNITED PACIFIC INSURANCE COMPANY,a corporation duly organized under the laws of the State of Washington,does hereby rwske,constitute and appoint • JODY A. JOHNSON of SAN JOSE, CALIFORNIA--- its true and lawful Attorney-in-Fact,to make,execute,seal and dalivrr for and on its behalf,and es its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such of ricers,and hereby ratifies and confirms all that its said Attorney(s)•in-Fact may do in pursuance hereof. This Power of Attorney Is granted under and by authority of Article VII of the 8yIaws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7,1978,which provisions are now in full force and effect,reeding as follow.: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS • 1. The Board of Directors,the President.the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to fa)appoint Attorneysan•Fact and to authorize them to execute on behalf of the Company, bonds and undertakings.recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and fbl to remove any such Attorney-in-Fact at any time and revoke tho power and authority given to him. 2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them, to execute end deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertaking•,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem• nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979,at which a quorum was present,and said Resolution has not been amended or repealed: "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached," • IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate seal to be hereto affixed,this 6th day of August 19 84 in °°"!r;C UNITED PACI IC INSURAN OMP NY i BEAD[ �'a C' . - cd_ {/Liz ) Vice President STATE OF Washington COUNTY OF King ss On this 6th . day of August , 1984.personally appeared Charles B. Schmalz to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore. going instrument and affixed the seal of said corporation thereto,and that Article VII,Section 1,2,and 3 of the By-Laws of said Company, and the Resolution,set forth therein,are still in full force. My Commission Expires: � t x"•. July 20. • + ,, 86 � Notary Public in and for State of Washington Milton Residing at Charles J. Falskow , eissistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY,which is still in lull force and effect. • IN WITNESS WHEREOF,I have hereunto sat my hand and affixed the seal of said Company this day of 19 23rd Sreriperc/2 87 fon,SAL G Assistant Secretary b— 0 Old CERTIFICATE OF INSURANCE J ISSUE DATE(MM/DD/YT) 9/23/87 tc PRODUCER ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, ❑ Alexander & puexartder Of California Inc. 1530 Meridian EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 5700 San Jose, California 95150-5700 COMPANIES AFFORDING COVERAGE Telephone.(408)2646700 - TWX 910-338-0239 COMPANY Telex 408-264-2462 LEITER A FIREMAN'S FUND INSURANCE CO. COMPANY B INSURED ' LeIIbR • COMPANY C RAISCH CONSTRUCTION CO. LETTER P. 0. Box 729 COMPANY p - Mountain View, CA 94042 LETTER COMPANY • _ 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. E TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE FOX(EXPIRATION DATE(MWDEIPM DATE GIAVDEVYV) ALL LIMITS IN THOUSANDS ©GENERAL LIABILITYil - GENERAL AGGREGATE f�.R1IlI1)A COMMERCIAL GENERAL LIABILITY PRDOUC S AMP/OPS AGGREGATE $ 2,000, ■■CLAIMS MADE EOOLRIIENCE PERSONAL 6 ADVERTISING INJURY $ I, DO, . ON1�EBs8CONTBACT0 PROEECINE KXC6146415 5-1-87 12-31-87 AOI OCCURRENCE $ 1,000, . FIRE DAMAGE ZANY ONE EIRE) $ 50, . MEDICAL EXPENSE(ANY ONE PERSON) $ 5, AUTOMOBILE LIABILITY ` © ANY AUTO $ 1. 000 . . ALL OWNED AUTOS Dpmty NJURY • SCHEDULED AUTOS (PER PERSON $ _ , 1111 HIRED AUTOS KXC6146415 5-1-87 12-31-87 ray © NON-OWNED AUTOS ACOpOENTI $ - . GARAGE LIABILITY PROPERTY .11 es. $ . .. EXCESS LIABILITY " AGGREDATE I El OCCURRENCE . OTHER THAN UMBRELLA FORM — STATUTORY _ WORKERS'COMPENSATION AND KWP80246094 5-1-87 12-31-87 I$ 2 .000. (EAU ACCIDENT) EMPLOYERS'LIABILITY $ 2,000, (OISEASEPOLICV LIMIT) $ 2 000 (DISEASE-EACI EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Foothill Overlay . Project 88-103 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL DENSE UO Xfl MAIL 30. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF CUPERTINO T. HDCRM�Px xxxop0€Dca>3A1xDLIRGSemot bs xtuRR CITY ENGINEER na zox sDDT t¶'BRGeNIS>D• .,..al. a L AUTHORIZED REPRESENTATIVE 10300 Torre Avenue Cupertino, CA 95014 . Sara J. Fountain rirtam ACORD 25-S (11(85) ++IIH/ACORO CORPORATION 1985 Endorsement to be attached to and made part of Policy No KXC6146415 of FIREMAN'S FUND INSURANCE CO. /ssssedto RAISCH CONSTRUCTION CO. OTHER INSURANCE SUBJECT TO ALL OTHER TERMS AND PROVISION OF THE POLICY, SUCH INSURANCE AS PROVIDED BY THIS ENDORSEMENT SHALL BE DEEMED PRIMARY, BUT ONLY WITH RESPECT TO WORK PERFORMED BY OR FOR THE NAMED INSURED IN CONNECTION WITH THE ABOVE DESCRIBED CONTRACT. CANCELLATION CLAUSE IT IS FURTHER UNDERSTOOD'AND AGREED THAT CITY OF CUPERTINO 10300 TORRE AVENUE • CUPERTINO, CA 95014 WILL BE GIVEN THIRTY (30) DAYS WRITTEN NOTICE BEFORE ANY REDUCTION OF COVERAGE OR CANCELLATION OF THIS INSURANCE IS EFFECTIVE. AS RESPECTS: FOOTHILL OVERLAY, PROJECT 88-103 Alexand:� & Alexander of California, Inc. All other terms and conditions remaining unchanged. Sept. 15 19 87 \ ..12 FORM M-11 6M H SaJ. ounta i n • CL 245 'POLICY NUMBER: KXC6146415 COMPANY: FIREMAN'S FUND INSURANCE CO. (11-B5) INSURED: RAISCH CONSTRUCTION CO. EFFECTIVE: 9/15/87 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 09 11 85 REVISED ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): Location of Covered Operations CITY OF CUPERTINO AND ITS OFFICERS AND EMPLOYEES; CITY OF LOS ALTOS AND ITS OFFICERS AND EMPLOYEES FOOTHILL OVERLAY PROJECT 88-103 • • Premium Basis Rates Advance Premium Bodily Injury and (Per Property Damage Liability Cost $1000 of cost) $ INCL Total Advance Premium $ I NCL. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as liapplicable to this endorsement.) 1 1. WHO IS AN INSURED (Section II) is amended to (a) All work on the project (other than ser- include as an insured the person or organization vice, maintenance, or repairs)to be per-' (called "additional insured") shown in the Schedule formed by or on behalf of the additional but only with respect to liability arising out of: insured(s) at the site of the covered op- A. "Your work" for the additional insured(s) at the erations has been completed; or location designated above, or (b) That portion of"your work"out of which B. Acts or omissions of the additional insured(s) in the injury or damage arises has been put to its intended use by any person or connection with their general supervision of "your work"at the location shown in the Sched- organization other Chan another con- ule. tractor or subcontractor engaged in per- forming operations for a principal as a 2. With respect to the insurance afforded these addi- part of the same project. tional insureds, the following additional provisions apply: (3) "Bodily injury' or "property damage" aris- A. None of the exclusions under Coverage A, except ing out of any act or omission of the addi- tional insured(s) or any of their employees, exclusions(a),(d),(e), (1), (h2),(i)and(m),apply other than the general supervision of work to this insurance. performed for the additional insured(s) by B. Additional Exclusions. This insurance does not you. apply to: (4) "Property damage" to: (1) "Bodily injury" or "property damage" for which the additional insured(s) are obli- (a) Property owned, used or occupied by or gated to pay damages by reason of the as- rented to the additional insured(s); sumption of liability in a contract or agree- (b) Property in the care, custody,or control ment. This exclusion does not apply to of the additional insured(s) or over liability for damages that the additional in- which the additional insured(s) are for sured(s) would have in the absence of the any purpose exercising physical con- contract or agreement. trol; or (2) "Bodily injury"or"property damage"occur- (c) "Your work." for the additional in-. ring after: sured(s). DratrD .b�;;�•, Copyright, Insurance Services Office, Inc., 198.7