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89-129 Roma Construction Co, Pavement restoration Project 89-104, Reso 7785 Cit-4 of Cupertino P.O. Box 580 10300 Torre Avenue Cupertino,California 95015 W Cupertino,California 95014 Telephone; (408) 252-4505 July 27, 1989 Roma Construction Corporation 1552 Norman Avenue P. 0. Box 4326 Santa Clara, California 95054 PAVEMM PEM0RA 0N, PROJECr 89-104 Enclosed you will find a copy of the contract that was awarded to you on June 5 for pavement restoration. I am also enclosing Your cashier's check for $7,000.00 as we have received your Faithful Performance Bond and labor and Material Boyd. Thank You. Sincerely, e� D0RC7iWZ=S, CMC CITY CIBC Encl. DC/Cs l CONTRACT FOR PUBLIC WORKS CONTRACT made on June 5, 1989 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and ROMA CONSTRUCTION CORPORATION ,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 PAVEMENT RESTORATION PROJECT 89-104 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 _Pavement Restoration on various City streets. 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, PAVEMENT RESTORATION PROJECT 89-104 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 : SIXTY NINE THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS AND 60/100 ($69,975.60) subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work 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. S. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all. necessary permits and licenses, easements, etc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6 . INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice - to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, Page 2 ti 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 wayaffect 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 fc r 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 agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: 45 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 •Op 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 pezformance 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 SL 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: P.O. BOX 4326 SANTA CLARA, CA 95054 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 attorneys fee to be fixed by the court in case suit is brought upon the bond. Page 5 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) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY 'INSURANCE. The Contractor shall take .ut and maintain during the life of this Contract worker's Compensation Insurance and Employer's Liability Insurance for all of his employees employed at the site of the project and,in case any work 13 sublet, the Contractor shall require the subcontractor similarly to provide Worker' s Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by 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 follows Bodily Injury Liability Insurance in an amount not less than $500,000.00 for injuries, including accidental death, to any, one person, and subject to the same limit for each person, in an amount not less than $1,00o.000.00 on account of one accident, and Page 6 Property Damage Liability Insurance in an amount not less $250 ,000 .00 . The City and its officers and employees, shallthbe named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, against a loss covered by such olie have other insurance be excess insurance only. p Y. such 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 at any arise or be set up because of equitY, that may to property sustained by any person or personal injury or damage the course of the performance of said work, or by reason of, or in infringement or alleged infringement of the by reason of any person or persons, firm or corporation in consequencepatent rights of ase ny in, on, or about said work, of any article oraialosuppliedf the uor installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and maintain above, his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20 . HOURS OF WORK. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by an 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 co worked in excess of eight hours mpensation for all hours one-half times the basic rate of aper day at not less than one and . It is further exressly 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 which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. Page 7 The Contractor, and each subcontractor, shall keep an accdrate trecord 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 a 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 t workman, or mechanic needed to execute this Contracte of l�orTh 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 prevailing wage rates to the upon which the Contractor or any subcontractor under him may base any claim against the City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by. him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (Z) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnisbed upon •request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial. Relations. (3 ) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given _ access to such records at the principal office of the Contractor. (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. 5--- 0 (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, Ti:Lle 1. Gov. Ch. ) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall -be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed# and shall be employed only at the work of the craft or trade to which he is registered. Page 9 Only apprentice', as defined in Section 3077, w�- under apprenticeship standards and written apFin training nts under Chapter- 4 (commencing with Section 3070) , Divisiona3, oftheLabor Code, are eligible to be employed on public works. The employment and training.. of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. when the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in Performing' any of the work under the contract or subcontract, employs workmen in any. apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administeringthe a of the craft or trade in the area f tthe sitenorethe ipublicndwork 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 a inthe contractor or subcontractor, shall arrange forrotheg dispatchsubject 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 apprdnticeship committee operates but in no case shall the ratio be lees 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 the Contractor that he employs a p oproper showing b such trade in the state on all of this contract an annual average of not less than - one apprentice' to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor for the 1-to-5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000.00) or twenty ( 20) 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 . Pace 10 "Apprenticeable craft or trade, q as used in this section mean a craft or trade determined as an a ► shall accordance wi-th rules and regulationsPprepre;craibed®ccubation in Apprenticeship Council. The joint apprenticeship committee shathe ll have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of A contractor from the 1-to-5 ratio set forth Ppinntthi�heectionmwhengit finds that any one of the following conditions are mets the event in (suchnarea exceeds unemployment of for 15the percent, orevious three month . - percent, ®r period In te event area)exgeedsha ratio ofelntoo--5r or apprentices in training in such is (creplacingeatileastshone-thirtieththat s ofpritticeable craft or trade through apprenticeship trainin s journeymen annually or (2) on a local basis. g, either (1) on a statewide basis, (d) If assignment of an apprentice to any work public works contract would create a conditionerfo hichunwould Jeopardize his life or the life, safety, or property of fellow employees of the public at large if the ape apprentice eific task to whish the when such exemptions. are granted to n organization which represents contractors in a specific trade fraom the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for Joint apprenticeship committees, provided the approval aalreadyoclocal overed by the local apprenticeship standards. y A contractor to whom the contract subcontractor under him, who, in is awarded, or an the contract, employs Journeymen or any prentices the work, under apprenticeable craft or trade and who is notpcontributing ntoana fund or funds to administer and conduct the apprenticeship program in any. such craft or trade in the area of the site of the work, to which fund or funds other contractors in the area of the Site of the Public work are contributing, conpublic fund or funds in each craft or trade in wchhhelemploysbJou to the or apprentices on the public work in the same amount oruponsame 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 contractor or subcontractor maamountofsuThe ch contributions in computing his bid for the contract. The Division of Labot' Standards Enforcement is authorized to enforce the payment of sdch-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 cort�pliance 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. 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 shalls (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 Apprenticeshipg and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50.0.0) for each calendar day of noncompliance. Noth0ithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract Progress payments then due or to become due such sum. (b) Any ' such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable .notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council: (c) Any ' funds withheld by the awarding body pursuant to this lection shall be deposited in the general fund if the awarding body is a state entity, or in the equivalent fund of An awarding body if such awarding body is an entity other -than the state. The inter rotation and enforcement of Sections 1777.5 and 1777.7 shall be T 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 doliats ($25.00) for each calendar day, or portion thereof, for ddch liboreri workman, or mechanic paid less than the stipulated :.: ptsdifling rates for any work done under this Contract by him or by "'. iny `Adbconttactor tinder work done under this Conttact by him or by dKy subcontractor under him( and Contractor agrees to comply with All provisions of Section 1775 of the Labor Code. Page 12 In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or . occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times -for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded- or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23. PAYMENT. 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 (101) of the amount of each of said estimates until the expiration of thirty-five (35) days from the *date of recording by the City of notice of acceptance of completion of all work covered by this Contract, if such ' notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body ; or, if such notice be not so recorded within ten days, until the expiration of ninety-five ( 95) days after the acceptance of completion of such work of improvement as evidenced by resolution of its governing body, at which time and not before, the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back As provided; said certificates to be furnished by and obtained from the City' s representative shall, before the last Tuesday of each month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of completion. In event of the failure of the City's representative to furnish and deliver said certificates or any of them or in lieu Page 13 on, or about the same during its construction °nd 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 Cbntractor 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 DOLLARS AND N0/100 ($150.00) FOR EACH AND EVERY CALENDER 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 damager and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. _28. - ADDITIONAL PROVISIONS. None Page 15 thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City' s representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time Of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. 24. PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and Junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while p@rforming 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 effectsi 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, CORPORATE ACKNOWLEDGMENT NO.202 State of °�//i/�Z On this the 5 �-Jday of �' lV� 19f before me, SS. County ofL- � /dt, �/ / � the undersigned Notary Public,personally appeared O personally known tome of OFFICIAL SI AL, the oved to me on the basis of satisfactory evidence 1 ALICE BUSH � P,: s $oQ e m N07ARY PUBLIC - CALIFORNIA to erson(s)who executed the within instrument as SANTA CLARA COUNTY blot �je{�1 D041 or on behalf of the corporation therein p0.NP My comm. expires APR 6, 1992 named,and acknowledged to me that the corporation executed it. WITNESS my hand and offi 'al seal. Notary's Signature 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 Mayors City Attorn y• City Clerks Date/City Clerks L� CONTRACTOR: ROMA CONSTRUCTION CORPORATION Ry s /�- Notary acknowledgment required. / If a corporation, corporate seal and corporate notary acknowledgment required. Project. Name and Numbers. PAVEMENT RESTORATION PROJECT 89-104 Contractors Names ROMA CONSTRUCTION CORPORATION,P.O. BOX 4326, SANTA CLARA 95054 Contract Amounts SIXTY NYNE THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS AND 60/100 ($69,975.60) x COnt=adt• ]account Numbers• 110-993-718 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 PAVEMENT RESTORATION PROTECT 89-104 TO THE DIRECIOR OF PUBLIC WORKS, CITY OF CUPER=, STATE OF CALIFORNIA Dear Sir: In compliance with the Plans and Specifications for the work of the Pavement Restoration Project in the City of Cupertino, Project 89-104 I, the undersigned, hereby declare that I have read the proposal requirements, visited the sites, and examined the specifications. I, the undersigned hereby propose to do all work required to complete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I ..further understand that said prices includeall costs including, but not limited to, local state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of the word deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the Pavement Restoration Project 89-104 as described in the Special Provisions. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. I, the undersigned, shall diligently prosecute the work to completion before the expiration of 45 working days. I further understand that I shall pay to the City of Cupertino the stun of One Hundred Fifty Dollars per day, for each and every calendar day's delay beyond the completion date. BID EST.QTY. ITM UNIT 1. 16,853 SF Pavement Restoration (411) $ 2•Z9 /SF $ 3 2),5;`�3 3� 2. 9,203 SF Pavement Restoration (611) $ 3.4� /SF $ 3 \,3$a..�3 TOTAL BID: $ �o 9, 91 S. �O o BID 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 tUie specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or bid bond in the amount 00 of $ -�'0 0 (0 . w , as required by law and the Notice to Bidders. (10% of bid amount) BID PROPOSAL PAGE 2 OF 6 w A. BID DOCUMENTS, Continued BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and accurancy of the informa- tion is hereby guaranteed. (1) How many years has your organization been in business under its present name? (2) How many years experience in work comparable with that required under the proposed contract has your organization had by this or any other name? (3) Contractor's License No. 523913 State of California, Classification A . B , C-12 (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 BID PROPOSAL PAGE 3 OF 6 A. BID DOCL�NTS, Continued Name of Proposed Sub—contractors, if any (Section 4104, Government Code) 1'.pP-) hat 2. 3. 4. 5. 6. Address if Shop or Office of Sub—contractors (Section 4104, Government Code) 1. (P 9 (o 2. 3. 4. 5. 6. Work to be Performed by Sub—contractors (Section 4104, Government Code) 1. S P�w 2. 3. 4. 5. - 6. BID PROPOSAL PAGE 4 OF 6 • A. BID DOCU:fENTS, 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 ^esident : Kenneth Rowell Corporation ROMA Construction Corporation Lce Pres. : Randy Matteis )rp. Sec. : Eric Raff Joint Venture Other (Describe) Name and Signature of Bidder: 7 Randv,,4I teis 7-- ic6 President j (P idt) i (Signature) Address (Both mailing and location addresses) : 1552 Norman Ave. (street) P.O. Box 4326 (mailing) Santa Clara, CA 95054 Telephone Number: ( 408 )' 496-6257 Date: May 23-,- 1989 Addendis Received: 1 2 3 4 5 BID PROPOSAL PAGE 5 OF 6 . r NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Santa Clara Randy Matteis being first duly sworn, deposes and says that he or she is Vice Presidentof ROMA Const . the party making the foregoing bid that the bid is not made in the interest o , 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 cost 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. Name and Signature of Bidder: Rand Mjis - Vice President I nt) / j (Signature) Date: May23, 1989 PROPOSAL PAGE 6 Or 6 CITY OF CUPERTINO t INTERDEPARTMENTAL Date July 14, 1989 To CITY CLERK From PUBLIC WORKS--SUMI CI Information MESSAGE: PAVEMENT RESTORATION, PROJECT 89-104 (CC 6/5/89) CI. Implement 1. Three sets of contract for processing. CI Investigate CI Discuss 2 One copy each faithful performance bond and labor and i=1 See me material bond. Indiana Lumbermens Mutual Insurance Company r7 Reply Bond No. SBP 12054625 3. Certificate of Insurance, 6/12/89. Contractor: Roma Construction Corporation P.O. ox 4326 Reply: Santa Clara, CA 95054 sm attach. SIGNED: DATE Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply CERTIFICATE OF,-INSURANCE / 06/12/89 .:This certificate is issued as a matter of information Only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. PRODUCER C Letter A Fireman' s Fund Insurance Cos.* 0 Thoits` Insurance Service , Inc. M Letter B Republic Indemnity Company * 250 Cambridge Ave . Suite 300 P Palo Alto CA 94306-0190 A Letter C p { tf INSURED N ��l��9\e � � I Letter D �V 1 X989 Roma Construction Corporation E 1552 Norman Avenue S Letter E Santa Clara CA 95054-2028 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 conditions of such policies . Limits shown may have been reduced by paid claims . -----------------------------------COVERAGES------------------------------------ Co Type of Policy Policy Policy All Limits Ltr Insurance Effective Expiration in Thousands ---- GENERAL LIABILITY --------------------------------------------------------- A (X) Commercial GL MXX80332035 11/09/88 11/09/89 Gnl Aggregate $2 , 000 (X) ( )Claims Made Prd-CompOp Agg $2 , 000 (X)Occurrence Pers & Adv Inj $1. , 000 Owners & Contr Each Occur $1 , 000 (X) PROPERTY DAMAGE DEDUCTIBLE-$500 Fire Damage $50 ( ) Medical Exp $5 ---- AUTOMOBILE LIABILITY ------------------------------------------------------ A ( ) Any Auto MXA80049626 11/09/88 11/09/89 CSL $1 , 000 ( ) All Owned B. I . /Person (X) Scheduled B. I . /Accident (X) Hired P . D. (X) Non-Owned ( ) Garage Liab ---- EXCESS LIABILITY ---------------------------------------------------------- A (X) Umbrella Form XOK2086623 11/09/88 11/09/89 Each Occur Aggregate ( V O. T. Umbrella $1 , 000 $1 , 000 ---- WORKERS COMPENSATION ------------------------------------------------------ B W. C . PC991008 05/01/89 05/01/90 STATUTORY Employers Liab. Each Accident $1 , 000 Disease/Pol $1 , 000 Disease/Emp $1 , 000 ---- OTHER --------------------------------------------------------------------- -------------------------------------------------------------------------------- DESCRIPTION OF Operations/Locations/Vehicles/Restrictions/Special Items CONTRACTOR/ALL CALIFORNIA OPERATIONS RE: PAVEMENT RESTORATION, CUPERTINO, CA JOB* 1161-00 FORM CG2010 CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof , the issuing company will endeavor to mail 30 days written notice to the certificate holder named below but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives . NAME and ADDRESS of CERTIFICATE HOLDER OF `::CURERT�INO_ 10300 TORRE AVENUE CUPERTINO,# CA 950�14lM 204 ATTN: C��AR�2t!EaN _L'Y�NA�UaG;H:. Authorized Representative r THIS ENDORSEMENT CHANGES THF-POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL COVERAGE GENERAL LIABILITY Additional Insured—Owners, Lessees or Contractors(Form B) . F ,.: r POLICYA�tifENDMENT CG 20 -10 11 85 IF THE FOLLOWING INFORMATION IS NOT COMPLETE, REFER TO THE APPROPRIATE DECLARATIONS ATTACHED TO THE POLICY. INSURED POLICY NUNIBER SEQUENTIAL NO. ROMA CONSTRUCTION CORPORATION Mxx8o332035 PRODUCER EFFECTIVE DATE THOITS INSURANCE SERVICE, INC . SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF CUPERTINO, ITS OFFICERS AND EMPLOYEES . 10300 TORRE AVENUE CUPERTINO, CA 95014 WHO IS AN INSURED(Section II)is amended to include as ule, but only with respect to liability arising out of "your an insured the person or organization shown in the Sched- work" for that insured by or for you. RE: PAVEMENT RESTORATION, CUPERTINO, CA Other Insurance - Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the Named Insured in connectic with the above described contracts . Authorized by Jack Harbert ,. Fireman' s Fund Insurance Company Waiver of Subrogation In consideration of the premium at which this policy is written, it is hereby agreed that with respect to such insurance as is afforded by General Liability insurance , the Company hereby waives its right of Subrogation against The City of Cupertino, its officers, and employees for loss arising out of or in connection with work performed by the insured. Contains Copyrighted Material of Insurance Services Office,Inc.,198.3 This Form must be attached to Change Endorsement when issued after the Policy is written. ONE OF THE FIRE.MAN'S FUND INSURANCE COMPANIES AS NAMED IN THE POLICY If XCL PRESIDENT STOCK NO. CG 20 10 11 85 CORPORATE ACKNOWLEDGMENT CAL-24 ....................................................................................................................0..... `• State of California On this the O y of �0 194 before me, SS. _ )/z,_ Count f County o �— the undersigned Notary Public, personally a ared OFFICIAL SEAL `' `"" "4 •. VICKI HARGROVC proved to me on the basis of satisfactory evidence : >� Notary PuLft-Catitornla to be the person(sl"who executed the within instrument as : SANTA CLARA COUNTY U XPi �r .s7 5� �'✓T or on behalf of the corporation therein ' 4.1990 My Comm.Exp.Sep. named, and acknowledged to me that the corporation executed it. WITNESS my hand and offic'aFsealr /_& Notary's Signature : ............•..........................................................................................•.................... STATE OF ILLINOIS ( SS COUNTY OF COOK 1, Dolores Langlbts, A NO'T'ARY PUBLIC OF GOOK COUNTY, STATE OF ILLINOIS DO HEREBY CERTIFY THAT JERRY BEY ATTORNEY IN FACT OF , Indiana Lumbermens Mutual Insurance Company WHO IS PERSONALTY KNOWN TO ME TO BE THE SAME PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT HE SIGNED, SEALED AND DELIVERED SAID INSTRUMENT, FOR AND ON BEHALF OF Indiana Lumbermens Mutual Insurance Company OF Indiana FOR THE USES AND PURPOSES THEREIN SET FOR'T'H. GIVEN UNDER MY HAND AND NOTARIAL, SEAL AT MY OFFICE I.N CHICAGO ILLINOIS 1N SAID COUNTY, THIS 15th DAY OF Tune 19 89 MY COMMISSION EXPIRES DECEMBER 4, 19 9 �1\ /�_.� BOND SBP 12054625 FAITHFUL FF,RFORMARC BOND ` � 1 KNOW ALL MEN BY VIESE FRFSENT91 T"TPrincipal Wr;, —_RrksA_._rr)NS2sllr,m�cl,v_.LnRp 1tT�:t11t- - a/ princi sl 8nd ~ � p _ �.�1i1lwi.@ Lumbe_rmens Insurance Company at Sur#t;y are held Arid firmly bound unto tha City-o In the OUe CUD Jggy, lingo/�SixLy Nine Thousand Nine Hundred Seventy F ve S�b8.t. California, �s_J R��,975.60 ,"�____») lawful money of the United Stat98� for t:he pAymdDollars of t.,hfch will and truly to be made, wo bind ourselves, our hoi,rs, 4x4Cittors, Aucc1440re and ano.igota, jointly and severally, firmly by t:hano presente. T11E CONDIIION of the nbova obli.gntion is such that, WHEREAS, the Ptinc.ipn.t line ontered into a contract dated � June 5, 1989 with the Obligee to do and perform the following work to-wits Pavement Restoration Project 89-104 R ° tar?lJ, THEAMRF, if 00 said Principal shn.11, We11 and truly perform the work contractod to be performed under sntd controut, then this obligation shall b4 voidl othorwiRe to remain in full fore.# And affect, IN 141TIlE'�S WHEREOF, this inatrumarit: ha® been duty Executed by the Pxineipal, end Suzaty th1A t ,rl, day o£ June .�r l� 89. (TO bo ®ignod by Principal and Surety, and acknowledgment.) Roma Cobs��rlcti'lo Company nei pp � Indy-aAan.LumhormPnc Tn,�•*��or�ompany i - Surety = By t At Co ey_ip�Ft er sz.y rhe above bond ie Acce�Ced and Approved thi# of 19 , BOND SBP 12054625 ; LABOR AND 4MATTERIAL BOND 101014 AU MEN BY THESE PRESENI•t VNEREA9, the City of Cupertlno, State of r C e 11 f o r m a, e n d )RA 77(w a i n g t e d a �� ---�`'`-;,--•---._-aVe --_---._•---� into a contract providing forithepinstallationered into ti are about to enter Principal of enrtain improvements more psrticularlysdescribad i and incorporated herein b � and erection by Y reference, n said contract;, UNEREAS, said Principal is 1Pquired to furnish a. bond in said eontrnet, providing that if said Prihcipnl, or any of hie or with contractors, shall fall to pay for any materiels, other suppliee or teams used in, u o,� its subr contrsct.ed to be done, or far any taork or for provisions, provender or p , for or about the performance of Elie work Surety an said bond shall pay the same to the extent hareine rafteranY kind, the NOW, THEREFORE, t,e, the. P • ser forth; tincipal, and , �Liciid Lumbermens Mutual Insurance Company`` as Surety, firmly bind _ W ourselves, our e.SQeutvra, edminietrat'prei auaee®sore'" All And nseigne, JdIntly and aevereliy, unr.a the City of Cupertino ro maters, men,proven - persons, co►npan.les , and any and rrovisian9 � or corporations furnishing materials, , provender or other supplies used in, upon, f menco of the aforesaid work contracted to be executed or performed under ha contract hereinabove mentioned, and Incorporated p � or or abut the perfor� pereonA, companies or corporations lending orChiringeteamin o, rmeLence, andallmachinery, for or -contributing to said work to be done, and Allpersonsrnrform work'or ,labor upon the same, and all persons Who sli 1 p who materiels, whose Claim has not been paid by Principal or by any othebot )rwooreond in the dust and full sum of _ person, Sixty Nine Thousand Nine Hundred Seventy 71TVe"6Uy�x*** (� 69,975.60 THE CONDITION OF THtS OBLIGATION IS 'SUCH VIAT if said principal, his or Its subcontractors, heirs, executors, administrators, successors or aeei ns shall fail to pay for any meteria.le, 8 , or terms used 'in, upon, for or about theVPerformancevofdtheer oworkllcontracted to be done, or for any work or labor thereon of any kind, or for amount6 due edn a tl)e UnemplOYMOnt Ipauranca Act with respect to such work or labor d®r All dAmsges arising ,under Elie original contract, then 98id Surety�wilisnay and Same and also will pay in case 6�aic is brought upon this bond, such r6 fiaoyable atternoy's fee as shall b-e fixed by the court. the This bond shall inure to the benefit of any and ell persona, companies, And corporations entitled to file claims under Section 1184, 1 0! the Code of Civil Procedure, so as to give a right Of action to them or their assigns in any euit brought upon this bond, ' CORPORATE ACKNOWLEDGMENT No.202 State of On this the day of 19before me11 , SS. County of Mz7 the undersigned Nota Public,personally appeared ?, "I - e ❑ personally known t me OFFICIAL :,:AL proved to me on the basis of satisfactory evidence Dorothy Marie Corneliusto be the person(s)who executed the within instrument as `F NOTARY PUELIC-G1 L'C.i,hIA or behalf of the corporation therein Air TA CLA RA C01JiVTY My Commission Expires Sept. 98, 1992 named,anPeknrledged to me that the corporation executed it. WITNE my hand and official seal. i Not ry s Signature ------------------- AQQnnInTinnl.9ant9 voorura RI-1 .Pn R—AR95.Woodland Hills.CA 91364 r STATE OF ILLINOIS ( SS COUNTY OF COOK I, Dolores Langlois, A NOTARY PUBLIC OF GOOK COUN'T'Y, STA'L'E OF ILLINOIS DO HEREBY CERTIFY 'T'HA'T• JERRY BEY ATTORNEY IN FACT OF Indiana Lumbermens Mutual Insurance Company WHO IS PERSONALLY KNOWN TO ME TO BE THE SAME PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT HE SIGNED, SEALED AND DELIVERED SAID INS'T'RUMENT, FOR AND ON BEHALF OF Indiana Lumbermens Mutual Insurance Company OF Indiana FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL AT MY OFFICE IN CHICAGO ILLINOIS IN SAID COUNTY, 'THIS 15th DAY OF June 1989 A.D. AIY COMMISSION EXPIRES DECEMBER 4, 19 r. w r Labor and Hateriaj Bond 1 Pago y • r And the Bald Surety, for value receivpd, hereb that no change, extension of t.i.me, a.lteraCiun or addition l a contract ®r to the work to be performed atiQn Y tion t tied tp and egre®a a�coott does the same shall in any wise affect 1t9 obligations op 9ificat,ionaern 0 f the end it does hereby w,�ive ttotios of any each change, extension of Ation or addition to tfte terms of the couch on thin bloc{, fico o tract or to the work or time, nleer� Gion9, G the apaci- .IN WITNESS WHEREOF, this instrument, has bAen duly e3cecot@d b t Principal and Surety this _1.-ttday of June �r tto i9 89 Y Romer"j Oiist do ComF�ny (To be ai$ned by Principal F irtc v v and Surety. Notary acknowledgments required.) j Indiana Lumbermens Mutual Insurance Company Surety nyr Attorney- e t Jerry Bey v The above bond is accepted st)d npproved this 'day of h a i Indiana 4111 Lumbermen; POWER OF ATTORNEY PRINCIPAL Roma Construction Company EFFECTIVE DATE June 15, 1989 1552 Norman Avenue Santa Clara, California 95054 (STREET ADDRESS) (CITY) (STATE) (ZIP CODE) CONTRACT AMOUNT AMOUNT OF BOND$ 69,975.60 POWER NO. SBP 120 54625 KNOW ALL MEN BY THESE PRESENTS that the Indiana Lumbermens Mutual Insurance Company, a Corporation duly organized and existing under the laws of the State of Indiana, with its principal office in the City of Indianapolis, Indiana, does hereby make, constitute and appoint Jerry Bey State of Illinois as its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute, acknowledge and deliver any and all Bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof for and on its behalf as follows: The obligation of the Company shall not exceed four million ($4,000,000.00) dollars. And to bind the Corporation thereby as fully and to the same extent as if such Bonds and undertakings, recognizances, contract of indemnity, and other writings obligatory in the nature thereof were signed by the President, sealed and duly attested by the Secretary of the Corporation, hereby ratifying and confirming all that the said Aftorney(s) in-Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Article IV, Section 2-A (1) and (2) of the By-Laws of the Indiana Lumbermens Mutual Insurance Company, which reads as follows: (1) The President or any Vice President shall have the power and authority, by and with the concurrence with the Secretary of the Corporation, to appoint Attorneys-in-Fact for purposes only of executing and attesting to Bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and at any time to remove any such Attorney-in-Fact and to revoke the power and authority given to him. (2) Attorneys-in-Fact when so appointed shall have power and authority, subject to the terms and limitations of the Powers of Attorney issued to them, to execute and deliver on behalf of the Corporation any and all Bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and such instrument executed by any such Attorney-in-Fact shall be as binding upon the Corporation as if signed by an Executive Officer and sealed and attested by the Secretary. IN WITNESS WHEREOF, the Indiana Lumbermens Mutual Insurance Company has caused these presents to be signed by its Vice President,attested by its Secretary and its Corporate Seal to be hereto affixed this FIRST day of JUNE 1988. ATTEST: Indiana Lumbermens toJijl 17surance Com/pany By By I Secretary Vice President STATE OF INDIANA COUNTY OF MARION SS: On this FIRST day of JUNE i9 88 before me personally came the individual who executed the preceding instrument, to me known, who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is the therein described and authorized officer of the Indiana Lumbermens Mutual Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto by like order. l/l/V L ,....Y.....p...,, o o P . SEkE My Commission Expires *:. __ ::* Notary Public STATEINDIANA SS: '•.�NoiANP, .•'` COUNT OF MARION I, the undersigned, Secretary of the Indiana Lumbermens Mutual Insurance Company, do hereby certify that the above and foregoing is a true 'and correct copy of a Power of Attorney, executed by said Indiana Lumbermens Mutual Insurance Company, which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of Indiana Lumbermens Mutual Insurance Company at a meeting duly called and held on the 12th day of June 1973. "RESOLVED: That the use of printed facsimile of the Corporate Seal of the Companyand of the signature of the Secretary on any certification of the correctness of a copy of an instrument executed by the Presidnt or a Vice President pursuant to Article IV, Section 2-A (1) and (2) of the By-Laws appointing and authorizing Attorney-in-Fact to sign in the name and on behalf of the Company Bonds and unddertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." In witness whereof,I have hereunto set my hand and affixed the seal of said Corporation,this 15th day of June 19 89 . (SEAL) Form 253 Secretary t _ RESOLUTION NO. - 7785 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION FOR ISSUANCE OF ROUTINE ENCROACHMENT PERMITS ON COVENTIONAL HIGHWAYS BY THE CITY OF CUPERTINO WHEREAS, there has been presented to the City Council a proposed cooperative agreement between the State of California, Department of Transportation, for the purpose of providing greater efficiency in the issuance of encroachement permits within state highways in the City of Cupertino; and WHEREAS, the provisions of the aforementioned agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes its Mayor and the City Clerk to sign the agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of April 1989, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Koppel, Plungy NOES: None THIS IS TO CERTIFY THAT THE WITHIN ABSENT: Rogers INSTRUMENT IS A TRUE AND CORRECT COPY g ABSTAIN: None OF THE ORIGINAL ON FILE IN THIS OFFICE. P ATTEST ® S9 a CITY CL OF THE CITY ❑F PERTIN❑ BY ATTEST: APPROVED: CL R«< /s/ Dorothy Cornelius /s/ John J. Plungy, Jr. City Clerk Mayor, City of Cupertino AGREEMENT WITH CITY OF CUPERTINO TO ISSUE ROUTINE ENCROACHMENT PERMITS ON CONVENTIONAL HIGHWAYS THIS AGREEMENT, made and executed in duplicate this 20th day of June 19 89 , by and between the State of California acting by and through the Department of Transportation , hereinafter referred to as State and the City of Cupertino hereinafter referred to as City. WITNESSETH: A. RECITALS The Parties hereto desire to provide for the City to perform particular encroachment permit functions on State Highway 85 (DeAnza Boulevard) within the jurisdictional limits of City, to wit, the issuance of routine encroachment permits and the control and inspection of work performed pursuant to said permits, as provided for in Sections 130 and 676 of the Streets and Highways Code . B. AGREEMENT This Agreement shall supersede any previous AGREEMENT WITH CITY OF CUPERTINO TO ISSUE ROUTINE ENCROACHMENT PERMITS ON STATE HIGHWAYS and/or AMENDMENTS thereto . C. In consideration of the mutual convenants and promises herein contained it is mutually agreed that City; 1 . Shall use State ' s Standard Encroachment Permit forms . 2 . Shall follow State ' s policies as contained in State' s Encroachment Permit Manual . A copy of said Manual will be furnished upon execution of this Agreement. 3 . Shall follow State ' s design standards unless City' s standards are more restrictive . In the event of conflict as to interpretation , State ' s standards shall apply. 4. May issue Encroachment Permits for the following routine encroachments without State' s prior approval ; a. Signs, Marquees and awnings b. Banners and decorations c. Curbs , gutters and sidewalks d. Roof drains and through the sidewalk curb drains e. Pedestrian protection (barricades or canopies) f . Traffic counts 5 . Shall collect sufficient fees from the permittee to cover its cost of permit administration, inspection and other Permit related costs . No costs for City administration, review or inspection shall be charged to or borne by the State. 6 . Shall assign qualified personnel to review permit applications, plans and specifications, to revise plans and produce permit with appropriate specifications, and to provide construction inspection or monitoring and conduct final inspection of all work performed within the highway right of way. 7. Shall keep on file, subject to State ' s inspection , all permits issued on State highways; and shall forward copies of all issued permits , along with Notices of Completion , As-Built plans ( if any) and all other related data to State' s District Permit Engineer immediately upon completion of the work permitted or upon the expiration of the permit. D. LEGAL RELATIONS AND RESPONSIBILITIES Nothing in the provisions of this agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party .to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law. -2- : It is understood and agreed that neither the STATE nor any officer or employee is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this agreement . It is _ understood and agreed that pursuant to Government Code Section 895 .4 City shall defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name , kind and description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the city under this agreement . The City waives any and all. rights to any type of express and implied indemnity against the STATE, its officers and employees arising from any work, authority or jurisdiction delegated to the City under this agreement. E. TERMS OF AGREEMENT' THIS AGREEMENT shall become effective on the date that it is executed by all parties and shall remain in full force and effect until amended or terminated . This Agreement may be amended or terminated at any time upon mutual consent of the parties hereto. This Agreement may also be terminated by either party upon thirty ( 30 ) days written notice to the other party. -3- IN WITNESS WHEREOF, the parties hereto have set their hands and = seals the day and year first above written. ATTEST: CITY OF CUPERTINO v � g _ City Clerk, G' y of Cupertino CW 'I Mayor, CityVP f Cupertin Approved as to form and STATE OF CALIFORNIA procedure: DEPARTMENT OF TRANSPORTATION By A Attorney Deput District Director Department of Transportation Highway Maintenance City A torney -4-