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89-121 George Bianchi Construction Inc for Handicap Ramp Installation Project 89-4002 1it,4 of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino,California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK May 11, 1989 George Bianchi Construction, Inc. 775-A Mabury Road San Jose, CA 95133 HANDICAP RAMP INSTALLATION - PROJECT 89-4002 Dear Mr. Bianchi: We are enclosing to you for your files one (1) copy of the Contract for Public Works, which has been fully executed'by City Officials. Your Contract was approved at the regular City Council Meeting of Monday, May 1, 1989. We have also enclosed your bid bond. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works CONTRACT FOR PUBLIC WORKS CONTRACT made on MAY 1, 1989 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and GEORGE BIANCHI CONSTRUCTION, INC. ,hereinafter called the CONTRACTOR. • IT IS HEREBY AGREED by the parties as followss 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents : A. Plans and Specifications for HANDICAP RAMP INSTALLATION 89-4002 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 GEORGE BIANCHI CONSTRUCTION, INC. 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, HANDICAP RAMP INSTALLATION• 89-4002 Page 1 r ' 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 FIVE THOUSAND THREE HUNDRED FORTY AND N0/100 ($25,340.00) subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4. DISPUTES . PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all, necessary permits and licenses, easements, 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 o deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree® 9 . TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract _may be terminated, amended or modified, with the mutual consent of the parties . The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or -in accordance with the rules of the American Arbitration Association if the parties are unable to ag ree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: 30 WORKING DAYS 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 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 m one party to the other under this Contract shall be in writi: ind shall be dated and signed either by the party giving st. _otice, or by a duly authorized representative of such party. ,;.:y such notice shall not be effective for any purpose whatsoever unless served in the following manners (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: 775-A MABURY ROAD SAN JOSE, CA 95133 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT Of' CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16 . COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Contract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100% ) of the- contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond. Page 5 s 18 . INSURANCE. 'rhe Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract, until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this Contract shall also contain an endorsement providing that thirty ( 30) days notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy® (a) WORRER' 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 the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker' s compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the _work of this contract."" (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do ' with blasting, collapse, and underground property damage) , which may arise from Contractor' s operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as followas Bodily Injury Liability Insurance in an amount not less than $500,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of one accident, and ti Page 6 Property Damage Liability Insurance in an 52 0,000 .00 . an The City and its officers and employees, shallamount not less thbe named as additional insureds on any such which shall also contain a provision that theiinsurancecies of nafforded thereby to the City, its officers and employees, shall be insurance to the full limits of liability of the policy andriary that if the against aCilossocoveredr its fbycsuchers apolicynd losuch, have other insurance be excess insurance only. other insurance shall 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 righty 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 cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20 . HOURS OF wORR. 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 subcontractor under this Contract, for each calendar day during W said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours is any one calendar week in violation of Sections of the Labor Code. the provisions of said Page 7 v The Contractor, and each subcontractor, shall keep an accdrate record showing the names of and actual hours worked each calendar y and each calendar week by all laborers, workmen, and mechanics ployed by him 'in connection with the work contemplated by this Contract, which record . shall be open at all reasonable hours to the inspection of the City of its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, wv rkman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof . Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis : (1) A certified copy of an employees 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 furnisbad 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, howevero that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that - requested such records within ten (10 ) days after receipt of a written request. (d) Any copy of records. made available for inspection as copies and furnished upon request to the public or any public agency by" the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such ' a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall, within five working days, provide 'a notice of a change of location and address-. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying, In what respects such Contractor must , comply with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, • as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such , penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations- shall fix the responsibility For compliance with this section on the prime contractor. '(h) The director shall adopt rules consistent with the California Public Records Act, (Ch: 3 .5 (commencing with Section 6250) of Div. . 7, Title 1. Gov. Ch. ) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 40 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 employedf and shall be employed only at the work of the craft or trade to which he is registered. Page 9 Only apprenticesp as defined in Section 3077, wr in training under apprenticeship standards and written app_ _ice 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, employe workmen in any• apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint . apprenticeship committee administeringthe a of the craft or trade in the area f tthe sitentiorctheipublicndards 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. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards . The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be leas 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 I less than thirty thousand ($30,000 .00 ) or twenty ( 20) workin4 days or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than two thousand dollars ($2,000.00) or fewer than five (5) working days . Page 10 "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion !to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are suets (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 exgeeds a ratio of 1-to-5, or (c) It 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 (1) 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. A . contractor to whose the contract is awarded, or any subcontractor under him, who, in performing any of the work, under the contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any- such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work. in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators - are unable to accept such 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 L'abot' Standards Enforcement is authorized to enforce the payment of._ sUch--.ddntributions 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 30A1. (Amended by Stats. 1976, Ch. 1179) 1777,6 It shall be unlawful for an .employer of a labor union to refuse to accept otherwise qualified employees as' registered apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended b 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 shells (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 Apprenticeshipi and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50 .00 ) for each calendar day of noncompliance. Nothrtithsta.nding thepprovisions of Section 1727, upon receipt of such a determinAtion the awarding body shall withhold from contract progress payments then dole or to become due such sum. (b) Any ' such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. (c) Any , funds withheld by the awarding body pdrsuant to this lection shall be deposited in the general fund if the awarding body is a state entity, or ih the equivalent fund of An awarding body if such awatding body is an entity other than the stAie. The interrotation 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 dollars (525.00 ) for each calendar day, or portion thereof, for �rlch laboterj workman, or mechanic paid less than the stipulated iling Yates for any work done under this Contract by him or by ggy 'stlbContractog tinder work done under this Contract by him or by Ahy istibcontractor under him) and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. Page 12 a In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or , occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum - wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times -for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed . Machinery, equipment, and other hazards shall be guarded- or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23 . PAYMENT. Payment will be made in accordance with the attached payment schedule. The City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project, during the preceding calendar month, by the Contractor, but the City will retain ten percent (10%) of the amount of each of said estimates until the expiration of thirty-five (35) days from the date of recording by the City of notice of acceptance of completion of all work covered by this Contract, if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body ; or, if such notice be not so recorded within ten days, until the expiration of ninety-five ( 95) days after the acceptance of completion of such work of improvement as evidenced by resolution of its governing body, at which time and n®t before, the City shall pay to the Contractor the whole of the remaining ten percent (101 ) 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 r y thereof, the writing aforesaid, within ten (10) days after the times aforesa-id, 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 ut1lities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, ' obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part- thereof, or in, r ' on, or about the same during its constructiont and before ' acceptance. 26 . CONTRACTOR'S GUARANTEE. The Contractc _:nqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the -date of acceptance of completion of this Contract by the City, the Contractor, will forthwith remedy such defects without cost to the City. 27. LIQUIDATED DAKAGES. 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 DOLLARS ($150.00) FOR EACH CALENDAR DAY 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 damagel and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any exdess. "28. • ADDITIONAL PROVISIONS. None Page 15 State of California Onthisthe 3rddayof May 1989, before me, County of Santa Clara SS' Patricia Golden -the undersigned Notary Public,personally appeared George Bianchi , Jr . ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)who executed the within instrument as President or on behalf of the corpwation therein OFFICIAL'SEAL named,and acknowledge94 me at the corpor Ion ex ed it. o PATRICIA GOLDEN A, NOTARY PUBLIC-CALIFORNIA WITNESS my hand anficial al. fa ti: SANTA CLARA COUNTY ----—MY COMM.COMM. EXP, Notary's Signature 7120 122 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Park,CA 91304-7184 1 1 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 orm Ma r: it Attc ey• City Clerks ate Cit .- Clerks CONTRALTO : George. B'ianchz construction, Inc. sl-'1+ag = By= George Biancbi-- Jr./Pres. • Notary acknowledgment required. If a corporation, corporate seal and corporate notary acknowledgment required. Project. Name and Numbers. HANDICAP RAMP INSTALLATION 89-4002 Contractors Names GEORGE BIANCHI CONSTRUCTION, INC. Contract Amounts Twenty Five Thousand Three Hundred Forty and N01100 ($25,340.00) COnt=art• Account Number s.' ° 120-4002-953 Page 16 1989 CAPITAL IMPROVEMENT PAYMENT SCHEDULE QUANTITIES CUT-OFF DATE CHECK RELEASE DATE FRIDAY 5:00 PM FRIDAY JANUARY 13 JANUARY 27 FEBRUARY 10 FEBRUARY 24 MARCH 10 MARCH 24 APRIL 7 APRIL 21 MAY 5 MAY 19 JUNE 2 JUNE 16 JUNE 30 JULY 14 JULY 28 AUGUST 11 AUGUST 25 SEPTEMBER 8 SEPTEMBER 22 OCTOBER 6 OCTOBER 20 NOVEMBER 3 NOVEMBER 17 DECEMBER 1 DECEMBER 15 DECEMBER 29 BID PROPOSAL HANDICAP RAMP INSTA-=ON PROJECT 89-4002 TO THE DSR OF PUBLIC WORFS r CITY OF CUJPERTINO, STATE OF CALIFORNIA In compliance with the Specifications furnished for Handicap Ramp Installation, Project 89-4002, I, the undersigned hereby declare that I have read the proposal requirements and hereby propose to do all work required to complete the said work in accordance with 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 outlined in the Specifications. All necessary preparation as well as "cleanup" is included in the price bid and no extra c gmnsation will be sought. All work will be done in a workmanship 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. Item Unit Item Unit Price Total 1 35 Each Remove curb, gutter and sidewalk and $?29,p0 \Ea $ / construct handicap ramp complete for 2 ra3q l7.001 / SEVEN 9UNO(ZEO TWENTY FDW'2 Dollars/Each Proposal Page 1 of 6 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 time specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. 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. f Attached hereto is the required certified check or bid bond in the amount of $ I! c.d /�e4 , as required by law and the Notice to Bidders. (107. of bid amount) PROPOSAL PAGE 2 OF 6 A. BID DOCURENTS, 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? 114 1" . (2) How many years experience in work comparable with that required under the proposed contract has your organization had by this or any other name? (3) Contractor's License No. /� 9��� State of California, Classification (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 PROPOSAL PAGE 3 OF i OMT: (-)(tif+ J U0 c UWNh R) : IBM CORPORATION CONT. DATE: 9-1-88 FOL-+ DESC: REVISE STORM DRAINS/TANK FARM PC 2548155 MONEY: $36, 888. 0o FOE;#: 0765 JOB (OWNER) : CITY OF FRE MONT CONT. DATE: 7-22-88 10B DESC: YUCATAN/OMAHA DRAINAGE IMPROVEMENTS MONEY: $2% 685. 0C) 4: 0786 JOB(OWNER) : COUNTY OF SANTA CLARA CONT. DATE: 10-4-88 'OB DESC: BUS PADS, SC ST & 1 1 TH, KING RD R MCKEE MONEY: $8, 748. 30/$B, 185. 9(:) 'OB#: 0787 JOB (OWNER) ; GREG & LINDA SOLLARS CONT. DATE: 10--6-88 'OB DESC: RIP RAP JOB LOS ALTOS HILLS MONEY: $16, 460. 00 OD#: 0788 JOB (OWNER) : GALANTE BROTHERS CONT. DATE: 10-6-88 OB DESC: RIP-RAP LOS GATOS DIKE PATH - CITY OF CAMPBELL MONEY: $63, 000. 00 OD#: 0789 JOE+.(OWNER) : STATE OF CALIFORNIA CONT. DATE: 10-24-88 OH DESC: INSTALL 40 RESTRICTED PARKING SIGNS AT CALTRAIN LOTS MONEY: $5, 000. 00: OH#: 0790 JOB (OWNER) : COUNTY OF SANTA CLARA CONT. DATE: 11-10-88 ON DESC: HUS PAD ADDITION E/B SANTA CLARA ST. M88--51 MONEY: $8, 578. 50 OBQ 0791 JOB (OWNER) : COUNTY OF SANTA CLARA CUNT. DATE: 11-16-88 OB DESC: DRIVEWAY & SIDEWALK IMPROVEMENTS/FERRARI AVE MBB-52 MONEY: $6, 406. 00 OB#: 0 792 JOB (OWNER) : COUNTY OF SANTA CLARA CONT. DATE: 12-7-88 OB DESC: FIBERMESH HUS STOP IMPROVEMENTS M88-54 MONEY: $9, 212. 0) OD : 0793 JOB (OWNER) : COLLINS ELECTRIC, INC CONT. DATE: 12-5-88 OB DESC: TRAFFIC SIGNAL IMPROVE/SANTA CRUZ. MONEY: $18, 015. 00 OH#: 0794 JOB (OWNER) : IBM CORPORATION CONT. DATE: 1-3-89 DESC: BUILD PLATEFORM AT BLDG. 006 MONEY: $56, 094. 00 f]BQ 0795 JOB (OWNER) : COUNTY OF SANTA CLARA CONT. DATE: 01-06-89 DB DESC: BACKFILL OPEN TRENCHES, REPLACE CONCRETE_ AGNEW FAC. MONEY: $5, 679. 0.) DD#: 0796 JOB(OWNER) : UDC HOMES CONT. DATE: 1-16-89 7B DESC: VILLAGE HIGHLAND/HIDALGO SLOPE RETAINING WALL SJ-905 MONEY: $100, 032. :JBQ 0797 JOB (OWNER) : COUNTY OF SANTA CLARA CONT. DATE: 2-8-89 3B DESC: PEDESTRIAN PAD N/B MC LAUGHLIN-N/S BAYARD M89-2 MONEY: $1, 859. 50 JH#: 0798 JOB (OWNER) : DIRKS RESIDENCE CONT. DATE: 2-8•-89 7B DESC: REPAIR OF HOME AT THE VILLAGES MONEY: $3, 500. 00 39Q 0799 JOB(OWNER) : COUNTY OF SANTA CLARA CONT. DATE: 2-22-89 ]B DESC: FIBERMESH BUS STOP-W/B TAYLOR-F/S 4TH ST. M89-5 MONEY: $9, 615. 25 DO#: 0800 JOB(OWNER) : COUNTY OF SC:/PURCHASING DEPT CONT. DATE: -28-89 DO DESC: ELMWOOIJ REHAB WDF/FANS AND SMOKE DETECTORS MONEY: $16, 536. 00 JB#: 0801 JOB (OWNER) : COUNTY OF SANTA CLARA CONT. DATE: 3-6-89 JB DESC: CHABOYA COACH DIV SECONDARY CONTAINMENT BERM M89-7 MONEY: $8, 102. 0C) 3B#: 0802 JOB (OWNER) : IBM CORPORATION CONT. DATE: 3-22-89 JB DESC: BLDG 067 PIPING & EXHAUST CHANGES MONEY: %92, 741. 0() 4: 0803 JOB(OWNER) : CITY OF CUPERTINO CONT. DATE: 3-22-89 JB DESC: LINDA VISTA PARE; STORM DRAIN MONEY: $38, 246. 10 JB : 0804 JOB (OWNER) : RATMA CONSTRUCTION CO. CONT. DATE: 3-22-89 )B DESC: THOMPSON CREEK BRIDGE CROSSING MONEY: $205, 940. 67 3BO: .JOB (OWNER) : CONT. DATE; :U DESC: MONEY: 384: 0764 JOB (OWNER) : COUNTY OF SANTA CLARA CONT. DATE: 5-10-88 14 DESC: REMOVAL OF PORK CHOP ISLANDS MONEY: $3, 097. 87 3B#: 0765 JOE{(OWNER) : IMB CORPORATION CONT. DATE: 5--•10-88 )B DESC: FIX RECEIVING DOOR AND INSTALL SHELVES MONEY; $4, 341. 00 )BO: 0766 JOEL (OWNER) : COUNTY OF SANTA CLARA CONT. DATE: 5-11-38 )B DESC: TEMPORARY COURT HOLDING FACiLIT'IES MONEY: $IS, 770. 00 )D#: 0767 JOB (OWNtR) i WEST VALLEY CONSTRUCTION CONT. DATE: 5-18-88 )B DESC: CITY OF FOSTER CITY MONEY: $5, 282. 00 1B#: 0768 JOB (OWNF-R) : IBM SUNNYVALE CONT. DATE: 0-24-88 )L DESC: VARIOUS CARPENTRY JOBS MONEY: %10, 000. 00 )8#: 0769 JOB(OWNER) : COUNTY OF SANTA CLARA CONT. DATE: 5-31-88 )B DESC: METAL BEAM GUARDRAIL .MOD. AT DUNNE AVE M88-24 MONEY: $2, 286. 00 1B#: 0770 JOB (OWNER) : COUNTY OF SANTA CLARA CONT. DATE: 5--31--88 )B DESC: CONCRETE PAD AT BUS WASH--CHABOYA DIVISION MONEY: $51, 181. 00 )B#: 0771 JOB (OWNER) : WEST VALLEY CONSTRUCTION CONT. DATE: 6-7-88 )B DESC: TRAFFIC SIGNAL CITY OF PALO ALTO MONEY: $17, 537. 50 )DO: 0772 JOE► (OWNER) : CITY OF C:AMPBE I- L CONT. DATE: 6-16-88 8 )B DESC: LOS GATOS CREEP. BIKE PATH MONEY: $225, 708. 26. #: 0773 JOB (OWNER) : STATE OF CALIFORNIA CONT. DATE'.: 6-17-88 .�� DESC: INSTALL PARKING TICKET SIGNS AND DOLL.A RDC MONEY: %64, 506. 0(,..*) 1B#: 0774 JOB(OWNER) : COUNTY OF SANTA CLARA CONT. DATE:.: 7--12--88 )B DESC: BORE & JACKING ALMADE:N EXPRESSWAY MBB-30 MONEY: $26, 400. 0() )B#: 0775 JOB (OWNER) : IBM CORPORATION CONT. DATE: 7-12-68 )B DESC: STRIP OUT CONCRETE WALT_ & PIT BLDG 026 MONEY: 135, 252. 00 )B#: 0776 JOB (OWNER) : COUNTY OF SANTA CLARA CONT. DATE.: 7-15-88 )B DESC: BUS STOP PAVEMENT CORING M88-31 MONEY: $3, 29B. 25 )B#: 0777 JOE+ (OWNER) : COUNT`( OF MANTA C::UARA CONT. DAVE: 7-16-00 )B DESC: WHEEL CHAIR RAMPS MBB MONEY: $3, 080. 00 )B#: 0778 JOB (OWNF-R) : COUNTY OF SANTA CLARA CONI". DATE::: 7-20-88 1B DESC: EXCAVATION AT CAMPBELL LIBRARY TO ='INE:) WATER LI:-EK MONEY: $5, 000. 0(:) )DO: 0779 JOB (OWNER) : IBM CORPORATION CONT. DATE: 8-1-88 )B DESC: EXCAVATION WORK ON ELEVATOR SHAFT BLDG 090 ; MONEY: $39, 482. 0(::) . )9#: 0780 JOB (OWNER) : UDC HOMES/V I LLAGF_S CONT. DATE: 8-1-88 )B DESC: BOX CULVERT MONEY: $59, 051. 00 )B#: 0781 JOB (OWNER) : IBM CORPORATION -CONT. DATE: 8-8-88 IB DESC: EXCAVATION OF ELEVATOR SHAFT BLDG 090 MONEY: t48, 429. 00 )BO: 0782 JON (OWNER) : UDC HOMES/VILLAGES CONT. DATE: 8-8-88 )B DESC: RETAINING WALT_ MONEY: $21, 148. 00 I8#: 0783 JOB (OWNE:R) : COUNTY OF SANTA CL. ARP CONT. DATE: B-15-86 )B DESC: REMODEL. X-RAY DEPT AT VMC PO 024497 MONEY : %42, 233. 00 A. BID DOCUHENTS, 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—contr /tors (Section 4104, Government Code) 1. 2. 3. 4. 5. 6. Work to be Performed by Su —contractors (Section 4104, Government Code) 1. 2, 3. 4, .5. - 6. PROPOSAL PAGE 4 OF 6 A. BID DOCUMENTS, Continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A COPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual: Co-Partnership Corporation ,jeOz'5a Az� QQ i Other . ,� P� (Describe) 61 f IV Name and Signature of Bidder: -gEfl. J. els C. i- 6,Z,,- rint) - (Signature) Address (Both mailing and location addresses) : .-oa c✓ Telephone Number: (-/o8 ) - y5-2- ?So3 z Date: •- Addendas Received: 1 2 3 4 5 PROPOSAL PAGE 5 OF 6 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of �wcw being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made to the interest of, or .on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or -to fix any overhead, profit, or Fost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ,r Name and Signature of Bidder: GEO•J. BIRNCN M. (Pr* (Signature) Date: �cls7 Je9 PROPOSAL PACE 6 Or 6 vva an v�acs r ravaoa�v vv��v�a waa_oa NO.202 State of California On this the 3rd day of May 19 89 State i SS. County of Santa Clara Patricia Golden the undersigned Notary Public, personally appeared z George Bianchi , Jr . ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)who executed the within instrument as cmici.nL'sEAL President or on behalf of the corporation therein 7r _ PATRICIA GOLDEN NOTARY PUauc-cruroRwn named,and acknowled to me that the corporaTibn executed it. � >-- CLARCOUNTY( MY COMM. EXP. OCT, 13,1990 WITNESS my hand offi 1 ----- ---- Notary's Signature 7120 122 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184 Canoga Park,CA 91304-7184 ...�.... �.....-�. � .--..,...�..v..rte...�......._.� . - NU.ZUZ State of California Onthisthe 3rd dayof May 1989, before me, SS. County of Santa Clara Marla Rae Hestand the undersigned Notary Public, personally appeared Patricia Golden ❑ personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s)who executed the within instrument as OFFICIIALSEJFRNIA Attorney-in-Fact or on behalf of the corporation therein MARIA RAE HESnamed,and acknowledged to me that the corporation executed it. Co NOTARY PUBLIC-CAL WITNESS my hand and official a� SACRAMENTO CO My Comm.Expires Sept. �� n C� No a y's Signature 7120 122 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7194.Canoga Park,CA 91304-7184 Bond No . 4000R 2243 I ._. Premium: $634 . 00 FAITHFUL PERFORMA14CE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, GEORGE BIANCHI CONSTRUCTION, INC. as Principal and St . Paul Guardian Insurance Company as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Twenty Five Thousand Three Hundred Forty and no/100tD14Ilars ($ 25 , 340 . 00 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated May 1 . 1989 , with the Obligee to do and perform the following work to-wit: Handicap Ramp Installation 89=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. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 3rd day of May , 19 89 (To be signed by Principal and Surety and acknowledgment.) George nchi Construction, Inc . Principal St . Paul Guardian Insurance Company Surety By: Attorney-in-Fact The above bond is acce-k.ted and approved this day of 19 r: ` Bond No . 4000R 2243 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and GEORGE BIANCHI CONSTRUCTION, 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 St . Paul Guardian Insurance Company as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons,. companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of Twenty Five Thousand Three Hundred Forty and no/100ths ($ 25, 340 . 00 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies. or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. .r.. r.....o.........o..........o.�.� NU.ZUP State of California On this the 3rd dayof May 1989, before me, County of Santa Clara SS. Patricia Golden the undersigned Notary Public, personally appeared George Bianchi, Jr. ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)who executed the within instrument as •: oFFICIALSEAL President or on behalf of the corporation therein ' 0o11 PATRICIA GOLDEN Rill PU5LIC-CALIFORNIA named,and acknowledg to a that the cor ecuted it. ill SANTA CLARA COUNTY MY COMM. EXP. OCT. 13,1990 WITNESS my hand an offici seal. Notary's Signature 7120 122 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Park,CA 91304-7184 State of California Onthisthe 3rd dayof May 19-8-9,before me, SS. County of Santa Clara snarls R-ae Hest:and the undersigned Notary Public, personally appeared Patricia Golden ❑ personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s)who executed the within instrument as OFFIMtSEAL Attorney-in-Fact or on behalf of the corporation therein s MARIA RAE HESTAND S' NOTARY.PUSUC-CALIFORNIA named,and acknowledged to me that the corporation executed it. SACRAMENTO COUNTY WITNESS my hand and official seal. My Comm.Expires Sept.21,1990 Notary's Signature 7120 122 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Park,CA 91304-7184 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 3rdiay of May , 19 89 George Bi hi Construction, Inc . (To be signed by Principal Principal and Surety. Notary acknowledgments required.) St . Paul Guardian Insurance Company Surety Att rney-in-Fact The above bond is accepted and approved this day of 19 c 0 C 6/17/85 11 �Vl\Y�■ l:!•,Itl 4la./ll L'.01' �Lk"IJy 385 Washington Street,St. Paul,Minnesota 55102 AUTHORITY NO. For verification of the authenticity of this Power of Attorney,you may telephone toll free 1-800.328-2189 and ask for the Power of Attorney Clerk.Please refer to the Certificate of Authority No.and the named individual(s). ORIGINAL POWER OF ATTORNEY 0021359 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Guardian Insurance Company,a corporation organized and existing under the laws of the State of Minnesota,having its principal office in the City of St.Paul,Minnesota,does hereby constitute and appoint: Patricia Golden, Rodney J. Taylor, Carol Smith, Arthur C. Adams, individually, San Jose, California its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, NOT TO EXCEED IN PENALTY THE SUM OF FIVE MILLION ($5,000,000) EACH and the execution of all such instrument(s)in pursuance of these presents,shall be as binding upon said St.Paul Guardian Insurance Company,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of Article V,-Section 6(C),of the By-Laws adopted by the Board of Directors of ST.PAUL GUARDIAN INSURANCE COMPANY at a meeting called and held on the 30th day of September, 1980,of which the following is a true transcript of said Section 6(C): "The President or any Vice President,Assistant Vice President,Secretary or Resident Secretary shall have power and authority (1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and (2) To appoint special Attorneys-in-fact,who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Company,and (3) To remove,at any time,any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 23rd day of September, 1987,of which the following is a true excerpt: "Now therefore the signatures of such 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 TESTIMONY WHEREOF, St.Paul Guardian Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this day of , 19 ST.PAUL GUAFqIAN INSURANCE COMPANY Vice President STATE OF MINNESOTA) ss. County of Ramsey J On this day of , 19 ,before me came the individual who executed the preceding instrument,to me personally known,and,being by me duly sworn,said that he/she is the therein described and authorized officer of St.Paul Guardian Insurance Company;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the city of St.Paul,Minnesota,the day and year first above written. MARY C. S"FEMPER !� Notary Public, Ramsey Counly, Minn. 1 MY COMMISSION EXPIRES November 1, 1990 -r.. . Only an Original Power of Attorney bearing the Certificate of Authority No.printed in red on the upper right corner is binding.Photocopies,carrion copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 99119 Rev.3-88 Printed in U.S.A ST. PAUL GUARDIAN Properly&Llabllly INSURANCE COMPANY Insurance St. Paul, Minnesota Y A Capital Stock Company BID BOND Approved by The American Institute of Architects, A.I.A. Document A 310 Feb. 1970 Edition KNOWALL MEN BY THESE PRESENTS, that we GEORGE BIANCHI CONSTRUCTION INC. as Principal, hereinafter called the Principal, and the ST. PAUL GUARDIAN INSURANCE COMPANY, a corporation duly organized under the laws of the State of Minnesota as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CUPERTINO as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE AMOUNT OF BID Dollars ($ ), for payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for HANDICAP RAMP INSTALLATION NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 12TH day of APRIL A.D. 19 89 , GEORGE B!ANC CONSTRUCTION., INC. _ (Seal) (Principal) (Witness) (Tide) Staul uardian Insur ce Co pany (Seal) 1 (Surely) (Witness) I 1 By PATRICIA GOLDEN (Attorney-in- t) 99184 Ed.2-88 Printed in U.S.A. Printed with permission of The American Institute of Architects FV1 ST. PAUL GUARDIAN INSURANCE COMPANY CERTIFICATE OF - MIat 385 Washington Street,St.Paul,Minnesota 55102 AUTHORITY NO. .r For verification of the authenticity of this Power of Attorney,you may telephone toll free 1-800-328-2189 and ask for = the Power of Attorney Clerk.Please refer to the Certificate of Authority No.and the named individual(s). ORIGINAL POWER OF ATTORNEY 0021359 KNOW ALL MEN BY THESE?RESENTS:That Sl.Paul Guardian Insurance Company,a corporation organized and existing under the laws of the State of Minnesota,having its principal office in the City of St.Paul,Minnesota,does hereby constitute and appoint: Patricia Golden, Rodney J. Taylor, Carol Smith, Arthur C. Adams, individually, S•an Jose, California its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contractor otherwise,. _ NOT TO EXCEEO .IN PENALTY THE. SUM OF FIVE MILLION ($5,000,000) EACH and the execution of all such instrument(s)in pursuance of these presents,shall be as binding upon said St.Paul Guardian Insurance Company,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of Article V,-Section 6(C),of the By-Laws adopted by the Board of Directors of ST.PAUL GUARDIAN INSURANCE COMPANY at a meeting called and held on the 30th day of September,1980,of which the following is a true transcript of said Section 6(C): "The President or any Vice•President,Assistant Vice President,Secretary or Resident Secretary shall have power and authority (1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and (2) To appoint special Attorneys-in-fact,who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Company,and (3) To remove,at any time,any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him" Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 23rd day of September, 1987,of which the following is a true excerpt: "Now therefore the signatures of such 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 TESTIMONY WHEREOF, St. Paul Guardian Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 12TH day of APRIL , 19 89 ST.PAUL GVAJqIAN INSURANCE COMPANY �� Vice President STATE OF MINNESOTA} ss. County of Ramsey On this 12TH day of APRIL , 19 89 ,before me came the individual who executed the preceding instrument,to me personally known,and,being by me duly sworn,said that he/she is the therein described and authorized officer of St.Paul Guardian Insurance Company;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the city of St.Paul,Minnesota,the day and year first above written. ivv� MARY C. STEMPER \ Notary Public, RamseyPIY, Minn. 4�) EX MY COMMISSION EXPIRES November 1, 1990 Only an Original Power of Attorney bearing the Certificate of Authority No.printed in red on the upper right corner is binding.Photocopie cs arFon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 001140 Q.., 4-A2 11 c e - . is fn 4.f,� sr �ii.NSc�&"•.! �ISSUE DATE(MM/DD/YY)_� B Iii ,� �+ t>Tters:,:. Z }� io {si :§w 4'�y:>'fp'J "f}2�✓..a'3 `� �,.,;�,?x � .,I n�;b k 14 Y1��'fid� �iF gfi'.A �r '�`,J�.trY t d'* �n A��� ��<t a5� ; ty�t�$c� te,t. }}E J axe s QE's'is n.�-r} r 4 rl 1; 3 �$. H `. a FX ix 5/03/89 � r�+ PRODUCER y k TfF' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS x. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. J. F. ARENTS AND COMPANY 520 S. E1 Camino Real, #342 COMPANIES AFFORDING COVERAGEg° San Mateo, CA 94402 (415) #342-3095 COMPANY (415) #342-8789 FAX LETTER ' NORTHBROOK PROPERTY & CASUALTY r ;$ COMPANY INSURED LETTER NORTHBROOK PROPERTY & CASUALTY a 17 J, COMPANY c ! f h ( GEORGE B IANCHI CONSTRUCTION, INC. LETTER NORTHBROOK PROPERTY & CASUALTY C 775A Mabury Road COMPANY San .JoseCA 95133 LETTER NORTHBROOK PROPERTY & CASUALTY Leh COMPANY E � LETTER l tf• ;i .�%�e,�tt�,.:., 9w. '•,,,...1 mc{ P�rn�orJn. ,'s 'T ' L 9'1 - r'v+.,,r r J r+ Y: :� F 9t'art iry'� 'ni r rTr•'•..�� r",a t a r •^�• , THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED 14AMED ABOVE FOR THE POLICY PERIOD INDICATED, 'ralr 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- 0!i TIONS OF SUCH POLICIES. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION (f„, LTR DATE(MM/OD/YY) DATE(MM/OD/YY') ALL LIMITS IN THOUSANDS t; } A GENERAL LIABILITY BPP0810261 5/31/88 5/31/89 $ 1000 t yi i[ GENERAL AGGREGATE X COMMERCIAL GENERAL LIABILITY — PRODUCTS-COMP/OPS AGGREGATE $ 1000 r' �r x( CLAIMS MADE �I—y—��OCCURRENCE {fl�, LAS PERSONAL 8 ADVERTISING INJURY $ 1000 .];T� X OWNER'S&CONTRACTORS PROTECTIVE r eif)rs EACH OCCURRENCE $ 1000 I1I' X EXPLOSION, COLLAPSE, UNDERGROUNDFIRE DAMAGE(ANY ONE FIRE) 50 `vl MEDICAL EXPENSE(ANY ONE PERSON) 5 ;nl'I B AUTOMOBILE LIABILITY CA0810262 5/31/88 5/31/89 X ANY AUTO CSL $ # ALL OWNED AUTOS 1000 BODILY ii SCHEDULED AUTOS (PER PERSON) alg X HIRED AUTOS (BODILY [ {r 11 h. X INJU NON-OWNED AUTOS AECRHY $ r 7 I,y GARAGE LIABILITY i PROPERTY }}}( e 4 DAMAGE $ I) SSg ,3 EXCESS LIABILITY UELOS10263 .5/31/88 5/31/89 EACH AGGREGATE $'r! OCCURRENCEILC =gr�� nOTHER UMBRELLA FORM $ 1000 $ 1000 THAN UMBRELLA FORM WC0815475 10/04/88 10/04/89 STATUTOFIY WORKERS'COMPENSATION s ,i 'NF`�•'��15 t AND $ 100 (EACH ACCIDENT) ai 1i4 EMPLOYERS'LIABILITY $ 500 (DISEASE-POLICY LIMIT) a ,. $ 100 (DISEASE-EACH EMPLOYEE) 'f OTHER R. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY P ID LOSSE ,' DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS ADDITIONAL INSURED PER ATTACHED ENDORSEMENT CG2010r', i� )�" o - -n.,.. r ten. •r i ! L r it ..•_ � ® '�IN Y`' �y1's°`..]r ytTtr �h es nE 1'7d1 ak"r r" >L� Sj Ar-z.. ,. ... . .. ,..�. k t„wY a i i r A k K p i � > -t:> ,: P `w����`�tE �,ty..;�f � ,,r[Jdla� `L�� ,� P�x��;ii I; v `�' �� � ,� y��j�.cr r� � � •r Raat�v a �'�'tirf"r sr .w'sef"E!� 'SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE T 1 PIRATION DATE THEREOF, THE ISSUING COMPANY WILL wXXJXXXXXI # CITY OF CUPERTINO but $fJ MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 10300 TORRE AVENUE LEFT,XaXIXX°XXX&XX((XIXKXlXItXXtXIXXXX X"XXM-kXXX kXd(aFXFXX�r CUPERTINO, CALIF. 95014 ?,WIXXXaHIM-kkXXX I(MMA X,k_(1(JXIM0x�x,XOXXJXX?xMIXH*xXXX° Rf}' i AUTHORIZFD REPRESENTATIVE t.^ F. ARENTS & COMPANY ) -, I + � 2. CL 248 (11.85) POLICY NUMBER: BPP0810261 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 1185 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Mame of Person or Organization: THE CITY OF CUPERTINO, its officers and employees 10300 Torre Avenue. Cupertino, CA 95014 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that Insured by or for you. Additional insured with respect to work performed by George Bianchi Construction, Inc. on project #89-4002, Handicap Ramp, Cupertino, California. It is further agreed that such insurance as is afforded by this policy for the benefit of the above additional insured shall be primary insurance as respects any claim, loss or liability arising out of the named insured's operations, and any other insurance maintained by the additional insured shall be excess and non-contributory with the insurance provided hereunder. Copyright,Insurance Services Office,Inc., 1984