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89-137 Raisch Roadway Improvement Co., Inc for Stevens Creek Blvd. improvements-project 4022 1! 9 kAr Frh MW November 14, 1989 1 105 L'AVENIOA MT. VIEW, CALIFORNIA 94043 MAILING ADDRESS: P.O. BOX 729 94042 PHONE: (41 5) 967-2125 FAX PHONE: (41 5) 967-1949 City of Cupertino 1.0300 Torre Avenue Cupertino, CA 95014 PUBLIC WORKS ATTENTION: Sumi Martin NOV 1 7 1989 RE: Stevens Creek Blvd. Improvements Project 4022 Raisch Construction Job 89012 Gentlemen: Please be advised that this contract is being administered through our Mountain View office. I have forwarded Contract Change Order No. 1 to our Mountain View office for execution. Future correspondence regarding this project should be submitted to the Mt . View address as indicated below. Raisch Construction Co. P.O. Box 729 Mt . View, CA 94042 Should you have any questions regarding this request , please contact me at (408) 365-1100 . Sincerely, RAIS CONSTRUCTION CO. Peggy tross Contra-et Administrator PC cc : Mt . View J "AN EQUAL OPPORTUNITY EMPLOYER" CTATC rr%NrrOAr­rr-1M-C ( (rte nirl corm n r CITY OF CUPERTINO ' STEVENS CREEK BOULEVARD IMPROVEMENTS ORANGE TO PHAR IAP PROTECT NO. 4022 s` CHANGE ORDER NO. 1 r� ..,? CONTRACTOR: NAV 1`� 19a9 Raisch Roadway Improvement Co. , Inc. . � [3, X Uf�!al� � P. O.. 7 � I ,1t1, �1r Barr—JuSL;Com--95111 Nl+. Vt-,wJ C n The following changes are hereby approved: 1A. Set guard posts along shopping center parking lot $ 2,524.00 1B. Pothole and locate existing utilities 1,746.21 $ 4,270.21 Original Contract $ 706,916.30 Change Order No. 1 4,270.21 Revised Contract $ 711,186.51 P.O. No. 21627 CONTRACTOR C OF CUPERTINO Bert J. Vi kovich Director o Public Works Title_f'� -i �2 AE--�e Date 1� City Council, 11/6/89 Res. No. 7970 PUBLIC WORKS NOV 16 1989 CITY OF CUPERTINO r r C941MITY CENTER BUILDING/MEMORIAL PARK EXPANSION f, r�f�'1+"t PRa'ECT NO. 2001 (+ OONTRACr CHANGE ORDER NO. 10 Nov 7 7,989 t. A. CONTRACTOR E.A. Hathaway and Company PUBLIC V, , P.O. Box 5100 San Jose, CA 95150 � � r IyO. The following changes are hereby approved: 10A. Revise ceramic tile base in corridors and lobbies (B) $ (2,094.00) 10B. Delete two exit lights, Room 37 (B) ( 858.00) 10C. Furnish and install wall coverings Rooms 36 & 67 (B) 1,001.00 10D. Compensable delay for change orders (B) 58,174.00 $ 56,223.00 Original Contract $ 4,963,782.00 Change Omer No. 1 1,209.00 Change Order No. 2 8,060.00 Change Order No. 3 5,207.00 Change Order No. 4 25,734.00 Change Order No. 5 181375.00 Change Order No. 6 171810.19 Change Order No. 7 24,896.00 Change Order No. 8 942.00 Change Order No. 9 1,874.00 Change Order No. 10 56,223.00 Revised Contract $ 5,124,112.19 P.O. Box 20419 CONTRACTOR f C OF ERTINO By rt J. V' kovich rector q Public Works Title6. r MAc1.TAC- r� City Council, 11/6/89 Date itbD /97 Resolution No. 7968 y'+ � C1t of Cu erti"o .i � r 10300 Torre Avenue P.O. Box 580 Cupertino,California 95014 Cupertino, California 95015 Telephone: (408) 252-4505 August 10, 1989 Raisch Roadway Improvement Ccm>pany P. 0. Box 643 San Jose, CA 95106 CONTRACT FOR PUBLSC WORKS We are enclosing to you one (1) copy of the Contract for Public Works between the City of Cupertino and Raisch Roadway Improvement Co., Inc., which has been fully executed by City Officials. Award of your contract was approved at the regular City Council meeting of July 5, 1989. Enclosed please find your bid bond. sincere jly,. DOROM CORNELIUS CITY CUM CITY OF CUPERTINO DC/so encl. cc: Department of Public Works f l CONTRACT FOR PUBLIC WORKS CONTRACT made on July 5, 1989 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and RAISCH ROADWAY IMPROVEMENT CO. , INC. ,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 STEVENS CREEK BOULEVARD IMPROVEMENTS - ORANGE AVE. TO PHARLAP DR. , PROJECT 4022 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 STREET IMPROVEMENTS 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, STEVENS CREEK BOULEVARD IMPROVEMENTS - ORANGE AVE. TO PHARLAP DR. , PROJECT 4022 Page 1 t_ y, 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: SEVEN HUNDRED SIX THOUSAND NINE HUNDRED SIXTEEN AND 30/100 DOLLARS ($706,916.30) subject to additions and deductions as. provided in the Contract Documents, per Exhibit "A" attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all. necessary permits and licenses, easements, etc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6 . INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, Page 2 deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value . thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or -in accordance with the rules of the American Arbitration Association if the parties are unable to a-gree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: 90 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 a d - 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 u-nder 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 theexpiration 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 al 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 a 14 . NOTICE AND SERVICE THEREOF. Any notice ' m one party to the other under this Contract shall be in writs: ind shall be dated and signed either by the party giving sv 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 manner: (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: P.O. Box 643 SAN JOSE, CA 95111. 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 (1001) 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 u - 18 . INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract, until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this Contract shall also contain an endorsement providing that thirty ( 30) days -notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORXER'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 ';pith 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 $1,000.000.00 on account of one accident, and Page 6 s W Property Damage Liability Insurance in an amount not less$ 250,000.00 . The City and its officers and employeesf ahallthbe named as additional insureds on any such which shall also contain a provision that thliines of finance afforded thereby to the City, its Officers and employees, shall be insurance to the full limits of liability 0f the policy and that if the Cit Primary Y, or its officers and employees, have other insurance against a 1099 covered by such policy, such other insurance shall be excess insurance only. 19 . SOLD HARMLESS. The Contractor will save, keep, harmless the City and all officers, employees, and •aentsntherhold eof from all damages, costs, or expenses, in law or in at any .time 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 patent rights of a person or persons, firm or corporation in ,cons by reason of any ny . uence in, on, or about said work, of any article or material®su the use installed under this Contract. Notwithstanding the abovle,ed or 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 shall not impose any liabilit u on the Ci sentence sentence express benefit of the y p y and are for the general public. 20 . HOURS OF WORE. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be- required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, 'work performed by employees of excess of eight hours per dcontractors in ay and ft shall be permitted upon pubory hours during any one week lic 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 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 to dollars the Cit ntwenty-five execution of eachlabveworker, or mechanic employed in 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 work more than eight hours in an Permitted t in any one calendar week in violation of althe arprovisionsand orof hsaid Sections of the Labor Code. Page 7 f . V The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar Iay and each calendar week by all laborers, workmen, and mechanics mployed by him in connection with the work contemplated by this Contract, which record . shall be open at all reasonable hours to the inspection of the City of its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21 . WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by. him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basics (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon •request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. (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. Paqe 8 (d) Any COPY of records. made available for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such ' a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street - address, city and county and shall, within five working days, provide 'a notice of a change of location and address-. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to this 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. 7h) The director shall adopt rules consistent with the California Public Records Act, (Ch: 3 .5 (commencing with Section 6250) of Div. 7, Title 1. Gov. Ch. ) and the Information Practices Act of 1977? (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall -be paid the standard wage paid to apprentices under the regulations of the craft or trade atwhich he IS employed, and shall be employed only at the work of the craft or trade to which he is registered. Page 9 L Only apprentices# as defined in Section 3077, wt in training under apprenticeship standards and written app_ under Chapter- 4 (commencing with Section 3070) , Divisiona3Seofents the Labor Code, are - eligible to be employed on public works. The employment and training. of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in. any. apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the Graf t or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the .employment, and training of apprenticeships in the area or industry affected# provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship The joint apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the Joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. 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 apprenticesh standards. be The ratio of apprentices to journeymen who shall 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 less than one apprentice for each five journeymen, except as otherwise provided in this section. The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen' stipulated in the apprenticeship standards. Upon proper showing by ' the Contractor that he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than - one apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor for the 1-to-5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000.00) or twenty ( 20) warkinj 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 days. (5) working 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 discretion1to 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 mets (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 expeeds a ratio of 1-to-S, or (c) If there is a showing that the apprenticeable craft or trade Is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis.. (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 S 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. 9 contractor to whom 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 tabot' Standards Enforcement is authorized to enforce the payment of. sdch��dontributions to the fund or funds as set forth in Section 2170 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 cvntpliance with this section for .all apprenticeable occupations with the prime contractor. All decisions of . the joint apprenticeship committee under this section are subject to the provisions of Section 3081. (Amended by Stats. 1976, Ch. 1179) 1777.6 It shall be unlawful for an .employer of a labor union to refuse to accept otherwise qualified employees as. registered apprentices 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 Apprenticeships and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50 .00) for each calendar day of noncompliance. NothOLthstanding the pprovisions 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 Section shall be deposited in the general fund if the ayirding body is a state entity, or in the equivalent fund of An awarding body if such awarding body is an entity other than the suite. The interpretation and enforcement of Sections 1777.5 and 1777.7 shall be . in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch. 1249) It shall be mandatory upon the Contractor, and upon any subcontractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. It is further expressly stipulated that theContractor shall, as a penalty to the City, forfeit twenty-five doliars ($25.00) for each calendar day, or portion thereof, for Bach 18botery workman, or meehanic paid less than the stipulated PNOXIiin4 rates for any work done under this Contract by him or by any Adbronttactor lander work done under this Contract by him or by ;"Ahy subcontractor under hims 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 tor the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded- or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23. PAYMENT. 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 not before, the City shall pay to the Contractor the whole of the remaining ten percent (100) of said contract price so held back as providedp 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 4 thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City's representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time Of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. 24. PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and Junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORE. 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 effectss 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, vsn® 1 ® on, or about the same during its constructionf ind before acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractc unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser qualityt 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 DAMAGES. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of ONE HUNDRED FIFTY AND 00/100 DOLLARS ($150.00) for each and every calendar day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual 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. -26. - ADDITIONAL PROVISIONS. The City has the option to delete Item No. 28, Landscaping and Irrigation from this contract within two weeks from the date of this contract. Page 15 STATE OF CALIFORNIA On this...................day of.. L ,in the year ............... SANTA CLARA ss' ...........................before me, COUNTY OF.......................... ��! ............... SUSAN A. SILVA ,,,,,,a Notary Public,State of California, duly licensed and swornersonally appeared.................................. RAYMOND L. MEA ................................................................................. `•...... personally known to me(or proved to me on the basis of satisfactory evidence) SUSAN A. SILVA -yam NOTARY PUBLIC-CALIFORNIA to be the person who executed the within instrument asATTORNEY—IN-FACT ^ o SANTA CLARA COUNTY or on behalf of the corporation therein named and acknowledged to me that • MY Commission Expires May 14,19M such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed in To1f.7ficial s 1 in a CITY OF SAN..,TOS�ounty of.................... This document is only a general form which may be proper for use in simple SANTA ��AR .......................... ....,on the datMort in this certificate. transactions and in no way acts,or is intended to act,as a substitute for the advice of an attorney.The printer does not make any warranty either express or implied as to the (�( legal validity of any provision or the suitability of these forms in any specific transaction. Notary Public, State of California Cowdery's Form No. 28—Acknowledgement to Notary Public— MAY 14, 1993 Corporation(C. C. Secs. 1190-1190.1)—(Rev. 1/83) My commission expires ,F 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 R or: ity Attorney City Cler 4Iff z ata/C ty Clerk1 CONTRACTOR: RAI SCH ROADW Y IMPROVEMENT CO. , INC. r' dba is' h Construction Co . AF r r' By t Notary acknowledgment required. �eg� rte .�h.�jcT If a corporation, corpo=ate seal /T� Py and corporate notary acknowledgment required. Project. Name and Number=. STEVENS CREEK BOULEVARD IMPROVEMENTS - ORANGE AVE'. TO PHARLAP DR. - PROJECT 4022 Contractors Names RAISCH ROADWAY IMPROVEMENT Co. , INC. Contract Amounts P.O. Box 643, San Jose, CA 95111 DOLLARS $706,916.30) SEVEN'HUNDRED SIX THOUSAND NINE HUNDRED SIXTEEN AND 30/100 ( COniiadt. kccount Numbers'. 120-4022-953 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 t BID PROPOSAL TO: THE DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 Dear Sir: In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the Stevens Creek Boulevard Improvements, Project 4022, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and examined all of the above documents. I, the under- signed, hereby propose to do all work required to complete the project in accordance with the plans, specifications and/or Special Provisions for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary 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 bidding procedures. The work to be done consists of the furnishing of all labor, methods, processes, tools, machinery and materials required to contruct to completion and in working usable order the improve- ments on Stevens Creek Boulevard, Project 4022, from Orange Avenue to Pharlap Drive as described in the contract documents. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. The City reserves the right to award the base bid or the base bid with any combination of additive alternates. Proposal, Page 1 of 12 ESTIMATED QUANTITIES EST. BID QTY/ UNIT EXT. OF ITEM UNIT ITEM PRICE UNIT $ 1. L.S. MOBILIZATIONFivr' '['-bus4040ldc ca no�ue.es $ LS $ ��4o PER LUMP SUM 2 . L.S. CONSTRUCTION SIGNING 7uJQ 7_NQUSA, hD Atha '44 tao Qg&Lege s $ZOOC/LS $2000'= PER LUMP SUM 3 . L.S. CLEARING AND GRUBBING 1�/E 77 lt�c.::A.vZ AN0 " p o0 DOU A,ec $50W LS $ 5000` PER LUMP SUM 4. L.S. EXCAVATION, GRADING & SUB- GRADE PREPARATION S!= ZLIOUSAK/D AAW No g—o pot-6AIM $b0,0c10LS $6b,000 PER LUMP SUM �. 7440 CLEANING, SEALING, AND IN- S.F. STALLING PETROMAT AT ALL CRACKS OR SEAMS eE2o ,A wh /oo DoLSAa $01 /SF PER SQUARE FOOT 6. 2000 PROVIDE AND INSTALL MINI- TONS MUM 2" OVERLAY A.C. 1/2" AGGREGATE TwEmw SEVG�.( An/D iv%o QQL PER SQUARE FOOT $Z= /TON $SA,occ) 7• 27700 PROVIDE AND INSTALL 9" S.F. DEEPLIFT A.C. 3/4" AGGRE- GATE OA/0- A,vo 'OPIoa L1hL L4eS c $ �- /SF $4155o' PER SQUARE FOOT 8. 2158 PROVIDE AND INSTALL TYPE L.F. A2-6 CURB AND GUTTER G1147 AmD tFoijco mt c-AAAS $8�= PER LINEAL FOOT Proposal, Page 2 of 12 ESTIMATED QUANTITIES EST. BID QTY/ UNIT EXT. OF ITEM UNIT ITEM PRICE UNIT $ 9• 143 INSTALL P.C.C. BARRIER L.F. WALL ONE Nu�yD�rD [IkT*r 2"C41". o0 $�(05 /LF $23��JcJ�CIO PER LINEAL FOOT 10• 12000 PROVIDE AND INSTALL CUPERTINO S.F. STD. 4" P.C.C. SIDEWALK 6NE' 4NQ 82'too Dc«q,ts 8Z CIO $� — SF $ZI,Flo—' PER SQUARE FOOT EA. COMMERCIAL DRIVEWAY PER CITY STANDARD Fbu2 'T7aous4ND Ome gvurheEn AM bo��e2s $q I�/EA $� I oo`n PER SQUARE FOOT 12 . 1 EA. PUBLIC DRIVEWAY TAagg YEu I-luk('QP-rD Mild 11 •i6o do pctL�QtLc s3-4m/EA $S-+ PER EACH 13 . 2 EA. RESIDENTIAL DRIVEWAYS PER CITY S tMARDS 7Ljo rbc 5AA,o A•UQ ! oo coo PER EACH $ZooO/EA $ gbM`22� i4 . 515 INSTALL 12 " DIAMETER CLASS L.F. III REINFORCED CONCRETE PIPE At s,AA C- �,•//� "'%o DoLLAAK $4`j� PER LINEAL FOOT LF $2S0382 00 15• 3 EA. STORM DRAIN MANHOLES (STD. DTL. 37/51) 71vo 7Ab!0 7WO aUAa�eeM Ed= 00 All:ijcO AJ%oLc.AQS $ZZ50 PER EACH Proposal, Page 3-of 12 ESTIMATED QUANTITIES EST. BID QTY/ UNIT EXT. OF ITEM UNIT ITEM PRICE UNIT $ 16 . 6 EA. INSTALL CURB OPENING DROP INLET BNE "r7�uS/a�.t0 �OQL HL_#jpQW �Nb N�ifoO Dotu�25 �o PER EACH $1400/EA $8�— 17. 1 EA. 2 ' X 2 ' CONCRETE BOX INLET AT PAVED SIDEDITCH awe- 7'4MSA/Vp ' 44er- HUNDgen ASO oa ^'oi(oo ao Ana s $ EA $ 1 SC) PER EACH 18. 2 EA. 1201 R.C.P. PIPE CONNECTION TO EXISTING MANHOLES_FjvE- NuNO(te0 F IFT r ANO mop CIO o0 Do�.LA," $550/EA $ SSC— PER EACH 19. 8 EA. ADJUST_ EXISTING VALVE BOXES & MONUMENTS TO GRADE VAJE WoWr)0_eW .S%Xrlr FjVC, �r . $ 1 $ PER EACH ��/EA (3Z�— 20 . i EA. ADJUST EXISTING MANHOLE TO GRADE_T{¢p - 6luuo,Cc�7p F/FTT 4"/0 ''"�iloo DnL�Att $3So/EA PER EACH EA. REMOVE EXISTING INLET AND PLUG PIPE 7-vo aw"'O'eego A".0 dao ®o 00 DOLLA4 $I7- /EA $IZOO'r PER EACH 22 . 915 SAWCUT A.C. PAVEMENT L.F. owE NgoAl21& $ I00 LF $ 00 PER LINEAL FOOT Proposal, Page 4 of 12 ESTIMATED QUANTITIES EST. BID QTY/ UNIT EXT. OF ITEM UNIT ITEM PRICE UNIT $ 23 . 850 WEDGE CUT A.C. PAVEMENT FOR L.F. MIN. 2" OVERLAY Siu AND Sa�®c paL�c,Q c $(0 SO (0SO/LF $ SSZScoo PER SQUARE FOOT 24. 2 EA. HANDICAP RAI'4PS 7;yee-r- Nu,�Deeb 7—MCP r .wa cc $ (o40Pao PER EACH 25. 15 3 5 12" DI� WATER MAIN F/PlT L.F. ANO 3 moo DatcAQ3 30 PER LINEAL FOOT 26. L.S. CONNECTION TO EXISTING WATER MAIN AT MANN DRIVE_ S�Yt?I 42!: �= o® ANA "ebb T1oLc.a c sWoo/LS $ 12co— PER LUMP SUM 27. 2 EA. FIRE HYDRANT ASSEMBLY 50 �7IouSAJ/, SEyc00j IuNo'ero C0 map Do((-Aefc PER EACH 28. L.S. LANDSCAPING PLANTING AND IRRIGATIONONFAuA-,D#ecj F/ _TwusAN.o A "'o/ioe7 .a PER LUMP SUM � s $ LS $/,w006='. 29. 6 EA. INSTALL PAVEMENT ARROWS -n4i 2T?- AA1,Q iU C) Dm�c.4tc o0 $3Cr $ $I p o PER EACH 30. 1864 INSTALL TRAFFIC STRIPING L.F. (STATE DETAIL 21) Zmo .qao $%o 2QLCAQs 90 149� Zo PER LINEAL FOOT $OLF $ Proposal, Page 5 of 12 ESTIMATED QUANTITIES EST. BID QTY/ UNIT EXT. OF ITEM UNIT ITEM PRICE UNIT $ 31. 280 INSTALL TRAFFIC STRIPING L.F. ( TATE DETAIL 3 8)_7 ® Awn moo mages 00 PER LINEAL FOOT $ S60 32 . 1590 PROVIDE AND INSTALL 2" L.F. RIGID STEEL CONDUIT WITH NYLON PULL RAPE PER ,LINEAL FOOT ��ec $/a_/LF $JS �2Q 33. 8 EA. INSTALL #5 PULL BOX Tkiy 11ij.__QG Aun "%o PER EACH pec $�� /EA $ /b c� 34. 1300 PROVIDE AND INSTALL 1-1/290 L.F. RIGID METAL CONDUIT ®O $_ $_/Dyao PER LINEAL FOOT 35. 8 EA. INSTALL ELECTROLIER do 77,Vo ZWQjgdAQ d&Q cc PER EACH /F'`a �--- 36. 2 F.A. MODIFY EXISTING ELECTROLIER CAI tao�.�j2s $ %EA $ PER EACH 37 . 12 EA. ##3 1/2 PULL BOXES .yo/o a r 00 /EA $ 4900 PER EACH 38. L.S. STREET LIGHT DEMOLITION AND PRIVATE LIGHT RELOCA- TION L.wer_ 7460044v0 "�/.��G do Aug a /066 PER LUMP SUM Proposal, Page 6 of 12 ESTIMATED QUANTITIES EST. BID QTY/ UNIT EXT. OF ITEM UNIT ITEM PRICE UNIT $ 39• 5 EA. WATER SERVICE_ayt 77�usAtito E7GN7' s1UA.J0ReZ Avp ��c0 00 noU.a&s $1EA $ PER EACH 40. 770 REMOVAL AND DISPOSAL OF L.F. ASBESTOS CONCRETE PIPE 5�1�� .4tiID �/jcx� D�A/t.t —o $ S-4-+S� PER LINEAL FOOT TOTAL BID $�BJr-- ADDITIVE BID ITEM i . L.S. 8" WATER MAIN INTERCONNEC- TION FROM STEVENS�REEK TO BRYNE COURT j2= Tiyi. S�Ji eaf.0.� OeVe, &AADeep p6c444r $1 LS $ ~ PER LUMP SLIM 2. L.S. REMOVE AND LANDSCAPE EXIST- ING PEDESTRIAN PATHWAY E?G.rtr azboL02wD A.yDo0 o Dcxc�?r LS $ 5600 PER LUMP SUM Proposal, Page 7 of 12 I, the undersigned, agree that if this proposal is accepted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparati, and other means of construction and to do all of 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 this 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 portion of the work over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check, bid bond, or surety in the amount of $ which amount represents ten percent ( 10%) of the total amount of the bid, as required by law and the notice to bidders. Proposal, Page 8. of 12 MEAD OFFICE, Pt•11l_AvRANCE MIA, pEN143VLVANIq N INSTITUTE 0 APPROVED BY THE gtytBRD BOND Bond No. REL(9) KNOW ALL MEN BY THESE DOCUMENT NO.A-310(p a 970 ARCHITECTS ESE PRESENTS, that we as Principal, hereinafter Raisch Construction Co. Philadelphia, Pennsylvania,hereinafter clled the Principal, and the RELIANCE INSURANCE as Surety, hereinafter called tcorporation duly organized Surety, under the laws of COMPANY of Y, are held and firmly the State of Y bound unto Pennsylvania, City Of Cupertino as Obligee, hereinafter called the Obligee, in the sum of Ten Percent (10$) of the Total Amo for the unt Payment of which sum well and truly ourselves,our heirs, executors, administrators, successor Dollars �$ these presents. to be made, the said Princi s and assigns, pal and the said Suret ) WHEREAS, the Principal has submitted Jointly and severall y' bind , firmly by Orange Avenue a bid for Y to Pharlap Drive Stevens Creek Boulevard Project 4022 Improvements NOW, THEREFOR into a Contract with the he Obligee shall accept bonds as may Obligee in accordane with Id of the he terms Of the faithful y be specified in the bidding pal and the Principal performance of g °r Contract Documents with h bid p shall enter Wished t the ro such Contract and for the and glue such bond or P secution thereof,or in the event of the failure of t good and sufficient and give such bond or o paYment of labor and trial for the penalty bonds, if the Principal shall material fur- the _ Y hereof between the amounts he Principal to enter such '^ good faith contract with another pay to the Obligee the differenCe Contract specified in said bid and such larger not to exceed SS• all be null and void Party to 9 amount for which the otherwise to remain eif Perform the Work covered .before force and effect, by said bid, fornia me, A. 13th A. Jpdmy com, day Of June -Fact so A.D. 19 89 'It d k the Copo, Iown to me I ment onnbehaifofth Raisch Const On Sed to me that such ( I Co. Ral) Sam L m hereunto set By: f'•S� *Q44,-' hand ana _ ve writtenten• Tltb) • the da, N,b A J. 6yAS�I RELIANCE INSURANCE COMPANY LAAJ8LIC CALIF SRA '�Expires p�19 Ygl 90 By: J r �_ RELIANCE INStNCE COMPANY HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY,a corporation duly organized under the laws of the State of Pennsylwnia,does hereby make,constitute and appoint JODY A. JOHNSON of SAN JOSE, CALIFORNIA ---------------- its true and lawful Attorney-in-Fact.to make,execute,seal and deliver for and on its behalf,and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ---------------- and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and—oder writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978,which provisions are now in full force and effect,reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairmen of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and (b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979,at which a quorum was present,and said Resolution has not been amended or repealed: "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shell be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate seal to be hereto affixed,this 27th day of September 19 88 RELIANCE INSURANCE COMPANY v Vice President STATE OF Washington COUNTY OF King } U. On this 27th day of September . 19 88personally appeared Lawrence W. Ca OR y to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY,and acknowledged that he e uti,9rrilMei�OL�r ing instrument and affixed the seal of said corporation thereto, and that Article VII,Section 1, 2, and 3 of the By-La o *0 o(m�erany ari`ry b�l8 u- tion,set forth therein,are still in full force. l.'1AR)V My Commission Expires: ` May 15 , 19 90 Notary Public in and for Stat ol�� 65 n -*.0. Residing at Tacoma '• ••.••• John E. VanceF�F•WASN� Assistant Secretary of the RELIANCE INSURANCE COMPANY,do he the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY,which is sti I in full force and of f ect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company this 13th day of JUI1e 19 89• Assistant Secretary n E. Vance �A 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 accuracy of the information is hereby guaran- teed. ( 1) How many years has your organization been in business under .its present name? /-14? C'aep./7arP;Fe �dx�ix�. �.�isc►.f/�ar� .tai ,dtto�i,f d J, ,2)$,q �3i5��/G'vn►��2rrG;�onf Cci• 4�.rtisleq�4 B��•.T./�ars�.lf�u�i CD,�<���,�if h� ( 2) How many years experience in work comparable with that`� sa--ne_= required under the proposed contract has your organization had by this or any other name? 7' /00Z/ ( 3) Contractor' s License No. X39 // to State of California, Classification ,q ( 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 three ( 3) years. YEAR CLASS, LOCATION OF WORK AND FOR WHOM PERFORMED CONTRACT $ Proposal, Page 9 of 12 STATEMENT OF EXPERIENCE FOLLOWING IS A PARTIAL LIST OF PROJECTS COMPLETED DURING THE LAST THREE YEARS OR IN PROGRESS BY RAISCH ROADWAY IMPROVEMENT CO, INC , 1986 RT. 101 CONTRACT 04-105004 $2,705 ,458 CALTRANS 1986 SOQUEL DRIVE $2,215, 141 CALTRANS 1986 TRUCK SCALE, MORGAN HILL $1459, 760 CALTRANS 1986 RT. 101 SCHELLER AVE. CONTRACT 04-113764 $2,,046,583 CALTRANS 1986 GUADALUPE CORRIDOR C105 68, 958,989 SCCTA 1987 RT. 101 , HOLLY ST. CONTRACT 04-106894 $2 , 275, 427 CALTRANS 1987 ANNUAL RESURFACING $3,864, 302 SAN JOSE 1987 RT. 101 HELLYEP, CONTRACT 04-393844 $7,664 ,807 CALTRANS 1987 RT. 101 ANZA BLVD. CONTRACT 04-100354 $1 , 304 ,680 CALTRANS 1988 AIRPORT UTILITY TRENCH $1 ,078,617 SAN JOSE 1988 GUADALUPE CORRIDOR A110 $2,733,358 SCCTA 1988 RT. 85/87 CONTRACT 04-487024 $6, 744 , 121 CALTRANS 1988 EVERGREEN CREEK (PORTION) $7581226 SAN JOSE 1988 RT. 87/ALMA CONTRACT 047487244 $6, 847, 969 CALTRANS 1988 RT. 101 HELLYER TO 280 CONTRACT 04-437414 $9, 443, 955 CALTRANS RAISCH ROADWAY IMPROVEMENT CO, INC . IS EXPERIENCED AND EQUIPPED TO PERFORM THE REQUIRED WORK.. RAISCH ROAMIJAY IMPROVEMENT CO . INC . RAY D L . MESSA A torney-in-Fact 1/89 SUB-CONTRACTORS FORK! Name of Proposed Sub-Contractors, if any (Section 4014, Government Code) 1. ^Z, C e3 2. �i'a•Uo C C�' C 3 . //✓�i0 /S ti0 vv.uD 4. V• �� j ,9� 5. 41elA'04_1 6. ;We:K_ 'cam ddres of Shop or Office of Sub-Contractors (Section 4104, Govern tom�----Code) 1. TiPE71o�j� 2. N VAS e;- 3 . 3 . _fit/ VoS r 4. 17D syT 5. �11i�►o.�r 6. ;L, `r Work to be Performed by Sub-Contractors (Section 4104, Government Code) 1. 2. 3 . . �. 4. 5. ---------------- 6. Proposal, Page 10 of 12 SIGNATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO- PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER, THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. TYPE OF BUSINESS RAISCH ROADWAY IMPROVEMENT CO. , INC. , a California . Corporation, dba Raisch Construction Co. , Douglas E. Raisch, Chief Executive Officer; Joe T. Thomason, President; Raymond L. Messa, Executive Vice- President; Bryan A. Raisch, Secretary:. (Describe) Name' and Signature of Bidder o L -Ate P nt or _TV06'Namejo �(Signature) DATE Address (mailing & location) : O . 25::)X 4V,3 4r7 99 �u//dam[ Telephone Number : (�/pg ) zC5_//00 Acknowledge Addenda Received by Circling the Addendum Number n . 1 2 3 4 5 6 7 8 9 10 Proposal, Page 11 of 12 . I hereby certify that the above resolution y 19889 and Special Power of Attorney dated May Sated October ill in full force and effect a.s of the /3 day of 19 9 , are still 194A ecretary I, the undersigned, Secretary of RAISCH ROADWAY IMPROVEMENT CO. , INC. , aCalifornia corporation, hereby certify that at the Annual Meeting of its Board of Directors, held on September 28, 1988, the following resolution was adopted: RESOLVED: That this corporation shall do business as RAISCH CONSTRUC=CO. for the purpose of contracting for and constructing roadways and highways, and that any officer of this corporation is authorized to execute contracts on its behalf. I, the undersigned, Secretary of RAISCH ROADWAY IMPROVEMENT CO. , INC. , a California corporation, hereby certify that at a Special Meeting of the Board of Directors of RAISCH ROADWAY IMPROVEMENT CO. , INC. , held on April 26, 1989, the following officers were elected 'by the Board of Directors for the fiscal year 1989-1990, to serve as such, commencing April 26, 1989, until successor officers are duly selected. DOUGLAS E. RAISCH Chairman of the Board, Chief Executive Officer JOE T. THOMASON President RAYMOND L. MESSA Executive Vice President and Manager of Construction Operations STEVEN W. GOSSETT Executive Vice President, Manager of Products Division BRYAN A. RAISCH Secretary and Legal Counsel SUSAN A. SILVA Vice President MICHAEL M. McHALE Treasurer, Vice President and Chief Financial Officer LEO J. CACITTI Vice President RAISCH ROADWAY IMPROVEMENT CO. , INC. BRY�". KATIZ5LH , ecretary i SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That RAISCH ROADWAY IMPROVEMENT CO. , INC. a corporation organized and existing under the laws of the State of California , and having its principal office in San Jose, California, does hereby constitute and appoint JOE T. THOMASON, DOUGLAS E. RAISCH, LEO J. CACITTI , MARTIN M. McHALE, STEVEN W. GOSSETT and RAYMOND L. MESSA, its true and lawful Attorneys-in-fact to sign, execute, seal , acknowledge and deliver for, and on its behalf, and as its act and deed, at any place within the United States , any and all bonds , recognizances , undertakings, contracts or other writings obligatory in the nature thereof, any such obligations within the United States, in any amount. Said corporation hereby ratifies and confirms all and whatsoever said Attorneys-in-fact may lawfully do in the premises by virtue of these presents. This appointment is made under and by authority of the following resolution passed by the Board of Directors of each of said corporations at a meeting held at the principal office of said corporations a quorum being present and voting, on the 11th day of October, 1988, which Resolution is still in effect: "RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Corporation, in its name and as its acts , to execute and acknowledge for and on its behalf any and all bonds, recognizances , undertakings , contracts of indemnity or other writings obligatory in the nature thereof, with power to attach thereto the seal of the Corporation. Any such writings so executed by such Attorneys- in-fact shall be as binding upon the Corporation as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons." IN WITNESS WHEREOF, said corporation has caused these presents to be sealed with its corporate seal , duly attested by its President and its Secretary, this 5th day of May, 1989. t RAI H OADWAY IMPROVEMENT CO. , INC. By rest ent By BRYANH<, _eftretary STATE OF CALIFORNIA ] COUNTY OF SANTA CLARA ] On this 5th day of May, 1989 , before me, came the above-named President and Secretary of RAISCH ROADWAY IMPROVEMENT CO. , INC. , A California corporation, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceeding instrument are the corporation seals of said corporations and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and directions of said Corporations. 9 4 �QJI L- _ c Notary Public CFFICIALSEAL My Commission Expires August 20, 1990 KATHLEEN A McCAIG NOTARY PUBLIC•CALIFORNIA SANTA CLARA COUNTY M,Cmw Lapin.AuO.30,1990 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of Californ'a ss. County of .15C'1-4&A being first duly sworn, deposes and sa s . that he or she is - of (!S the party making the foregoi g bid that the bid is not made in 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 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: nt) (Signature) Date:-alah e /3, Proposal, Page 12 of 12 CITY OF CUPERTINO INTERDEPARTMENTAL Date July 21, 1989 To CITY CLERK From PUBLIC WORKS--SUMI CI Information MESSAGE: STEVENS CREEK BLVD. IMPROVEMENTS, ORANGE TO PHAR LAP r-1 Implement PROJECT 4022 (CC 7/5/89) =1 Investigate CI Discuss _ 1. Three sets of contract for processing =1 See me 2. One each faithful Performance bond and labor and material �I Reply bond. Reliance Insurance Company Bond No. B 1451272 3. Certificate of Insurance, 7/17/89. sm attach. Reply: Contractor: Raisch Roadway Improvement Co. , Inc P.O. Box 643 SaLL juse, CA 95106 SIGNED: DATE Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply � IWei =I h SSUE DATE(MM/DD/YY) • 2 11 7-17-89 kp PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ❑ Alexander & Alexander of California Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1530 Meridian P.O. Box 5700 San Jose, California 95150-5700 COMPANIES AFFORDING COVERAGE Telephone(408)264-6700 TWX 910-338-0239 COMPANY Telex 408-264-2462 LETTER A ARGONAUT INSURANCE CO. COMPANY B INSURED LETTER COMPANY C RAISCH ROADWAY IMPROVEMENT CO. , INC. LETTER A.J. RAISCH PAVING CO. , etal COMPANY RAISCH CONSTRUCTION CO. LETTER P.O. Box 729 COMPANY E Mountain View, CA 94042 LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. * The limits shown may have been reduced by paid losses. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MMIDDIYY) DATE(MM/OD/1'1') GENERAL LIABILITY GENERAL AGGREGATE * $ 2 000 x COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE * $ 1 000 CLAIMS MADE FX�OCCURRENCE PERSONAL&ADVERTISING INJURY $ 1 000 A OWNER'S&CONTRACTORS PROTECTIVE LC76-485-002985 12-31-88 12-31-89 EACH OCCURRENCE $ 1 000 x Broad Form PD FIRE DAMAGE(ANY ONE FIRE) $ 50 x T„c1 XCU & R1 ;;nkp- Contractual MEDICAL EXPENSE(ANY ONE PERSON) $ 5 AUTOMOBILE LIABILITY x ANY AUTO csR $ 1 ALL OWNED AUTOS BODILY SCHEDULED AUTOS INJURY $ (PER PERSON) HIRED AUTOS INJURY A x CA76-485-002987 12-31-88 12-31-89 INJURY $ NON-OWNED AUTOS �cc DEN GARAGE LIABILITY PROPERTY DAMAGE s EXCESS LIABILITY EACH AGGREGATE $ OCCURRENCE $ OTHER THAN UMBRELLA FORM STATUTORY WORKERS'COMPENSATION $ 1 00o, (EACH ACCIDENT) AND $ A EMPLOYERS'LIABILITY WC76-485-002986 12-31-88 12-31-89 (DISEASE-POLICY LIMIT) .$ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Stevens Creek Boulevard Improvements Orange Avenue to Pharlap Drive .Project 4022 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILLX 0RXKX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF CUPERTINO LEFT, iil$ R� �TSk49 10300 Torre Avenue YL WV� 4c�:O91r >K �YPXKGM Cupertino, CA 95014 AUTHORIZED R RESENTATIVE F ain v CL 245 (11-85) POLICY NUMBER: LC76485002985 INSURED: RAISCH ROADWAY IMPROVEMENT CO. , INC. COMPANY: ARGONAUT INSURANCE CO. EFFECTIVE: 7/5/89 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 09 11 85 ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): Location of Covered Operations CITY OF CUPERTINO, ITS OFFICERS AND EMPLOYEES STEVENS CREEK BOULEVARD IMPROVEMENTS — ORANGE AVENUE TO PHARLAP DRIVE—PROJECT 4022 Premium Basis Rates Advance Premium Bodily Injury and (Per Property Damage Liability Cost 51000 of cost) b Total Advance Premium $ ' (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section ll) is amended to (a) All work on the project (other than ser- include as an insured the person or, organization vice,maintenance,or repairs)to be per- (called '.'additional insured")shown in the Schedule formed by or on behalf of the additional but only with respect to liability arising out of: insured(s)at the site of the covered op- A. "Your work" for the additional insured(s) at the erations has been completed; or location designated above, or (b) That portion of"your work"out of which B. Acts or omissions of the additional insured(s) in the injury or damage arises has been connection with their general supervision of put to its intended use by any person or "your work"at the location shown in the Sched- organization other fhan another con- ule. tractor or subcontractor engaged in per- forming operations for a principal as a 2. With respect to the insurance afforded these addi- part of the same project. tional insureds, the following additional provisions apply: (3) "Bodily injury" or "property damage" aris- A. None of the exclusions under Coverage A,except ing out of any act or omission of the addi- exclusions(a), (d),(e),(f),(h2),(i)and(m),apply tional insured(s) or any of their employees, other than the general supervision of work to this insurance. performed for the additional insured(s) by B. Additional Exclusions. This insurance does not you. apply to: (1) "Bodily injury" or "property damage" for (4) "Property damage" to: which the additional insured(s) are obli- (a) Property owned, used or occupied by or gated to pay damages by reason of the as- rented to the additional insured(s); sumption of liability in a contract or agree- (b) Property in the care, custody,or control ment. This exclusion does not apply to of the additional insured(s) or over liability for damages that the additional in- which the additional insureds) are for sured(s) would have in the absence of the any purpose exercising physical con- contract or agreement. trol; or (2) "Bodily injury"or"property damage"occur- (c) "Your work" for the additional in- ring after: sured(s). Copyright, Insurance Services office, Inc., 1984 BE 24 ENDORSEMENT This endorsement, effective 12:01 a. M. July 5, 1989 , forms a part of policy No. LC76485002985 issued to RAISCH ROADWAY IMPROVEMENT CO. , INC. by ARGONAUT INSURANCE CO. PRIMARY CLAUSE IT IS AGREED THAT SUCH INSURANCE AFFORDED BY ADDITIONAL INSURED ENDORSEMENT FOR CITY OF CUPERTINO SHALL APPLY AS PRIMARY INSURANCE THAT OTHER INSURANCE MAINTAINED BY THE CITY SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. AS RESPECTS: STEVENS CREEK BOULEVARD IMPROVEMENTS ORANGE AVENUE TO PHARLAP DRIVE PROJECT 4022 f lexander & A xander of California, Inc. ........ .. A .. .. ............. ... . .......... .{.n DPn.Pcn.. P live ' Sara Fountain STATE OF CALIFORNIA On this...l"1. .. rday of.... !!i �Y.....................in the year ss. SK»TYi C��p12A.... .....................................I...........before me, COUNTY OF............... �k c�wG t- I\A r-11 a L-E,,,..,..,a Notary Public,State of California, ........ duly licensed and sworn,personally appeared.................................. ..........................................easeS . personally known to me(or proved to me on the basis of satisfactory evidence) { y " to be the person who executed the within instrument as.1 1.t'L7.ECAc'7 MICHAEL WHALE or on behalf of the corporation therein named and acknowledged to me that NOTARY PUBLIC CALIFORNIA such corporation executed the within instrument pursuant to its by-laws or a g, SANTA CLARA COUNTY resolution of its board of directors. 1.1y Commission Expires Nov.23.1BH0 ° IN WITNESS WHEREOF I have hereunto set my hand and affixed ct�Y o sb►s JoS- .... my official seal in the........................... County of.......s certificate.. This cl cement is only a general form which may be proper for use in simple S, ►a?-Ys,, -L.!A!21�...�... ...,on the at set f h bove in this certificate. transaraons and in no way acts.or is intended to act,as a substitute for the advice of an attorney.The prirrtar does not make any warranty either express or implied as to the legal validity of any provision or the suitability of these forms in any specific transaction. Notary Public, State of California Cowdery's Form No.28—Acknowledgement to Notary Public— MW t Z3 lctcL c' Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires r Bond # B 1451272 FAITHFUL PERFORMANCE BOND Premiums $6,345. KNOW ALL MEN BY THESE PRESENTS: THAT WE, gATSCH gnAnWAY TMPgoy .MENT CO. . INC. as Principal and RELIANCE INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Seven Hundred Six Thousand Nine Hundred Sixteen and 20/100 Dollars ($ 7®6@g16.20 ) lawful money of the United States, for the payment b of which will and truly to e made, we bind ourselves, our heirs, executors, successors and assigns, jointly and :severally, firmly by these presents. " THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a, contract dated July 5, 1989 i with the Obligee to do and perform the following work to-wit: Stevens Creek Boulevard. Improvements - Orange Avenue to Pharlap Drive, Project # 4022 • i 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 17th day of July 1989 STATE OF CALIFORNIA RAISCH ROAD Y IMPROVEMENT CO. ' INC. SS. County of Santa Clara J 1 1 1 Daxx Es arza ., By: on. '.3':: 7.,.. 9$.9.. ..before me, . �. ... . Notary Public, State of California, duly commissioned and sworn, Prine' personally appeared..Jody. ..A...........Johnson .. .personally known to me to be the Attorney-in-Fact of the Corporate Surety that i executed the within instrument, and known to me to be the person -RELIANCE INSURANCE COMPANY 1 who executed the said instrument on behalf of the Corporation herein named and acknowledged to me that such Corporation Surety executed the same. IN WITNESS WHEREOF,) have hereunto set my hand and affixed7. my official seal in the Count f Santa Clara,•,,, the day and year In this certificateXfirsaove wr' At ney —Fact y • O nSOn ..................... .... ................... ° day of 19 AXX E/S. ZA • � yrs::,w• �` •�� ::fir d r.�. PUBL,�,IC CALIF; : ,1TARY -C'tiL.rG"nN1A si';i�J SP,P!'iA CL'RA C+)UN iY t J:. r�' Mq Cammission Ezpifes Dec. 11. 1992 LABOR AND MATERIAL BOND Bond # B 1451272 Premium: included in FP Bond. KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and RAISCH ROADWAY IMPROVEMENT CO. . 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 RELIANCE 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 Seven Hundred Six Thousand Nine Hundred Sixteen and20/100------------------------------------------------------------------- ($ 706,916.20 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under. the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all !persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. STATE OF CALIFORNIA On this....�.`!..' .....day of..... !�.��......................in the year L L Iate A ss. VII .................before me, ..................................................... COUNTY OF?.� .•....••••••••••• M�U�da��- 4W r-�N-L-E..............a Notary Public,State of California, ,. duly licensed and sworn,personally appeared.................................. \ZAyJ�A.o tAb...1.....�Aka`5Sn ......................................... personally known to me(or proved to me on the basis of satisfactory evidence) MICHAEL McNALE to be the person who executed the within instrument as ATi�oCz�at?y- cu-1=A.cT q = NOTARY PUBLIC-CALIFORNIA o SANTA CLARA COUNTY or on behalf of the corporation therein named and acknowledged to me that r� My Commission Expires Nov.23,1990 such corporation executed the within instrument pursuant to its by-laws or a l�OR+ resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the G 1ZY o S d�.� J o 3�.County of.. ? ........ G� ACZit� This document is Dna a general fano Much mar be proper for use in simple ........................ ..., n the e fol ab ve in this certificate. transactions and in no way acts,or is mended to act,as a substitute for the -advice of an atta ney.The printer does not make any warranty either express or implied as to the oaf validity of any provision or the suitability of these forms in any specific transaction. Notary Public, State of California Cowdery's Form No.28—Acknowledgement to Notary Public— 1`C� �44� Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires t— Labor and Material Bond Page 2 f/ Aid 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 Jaccompanying the same shall in any wise affect its obligations on this bond, and its does hereby. waive notice of any such change, extension of time, alter— /atior}� 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 b`� the . Principal and Surety this 17th day of July 19 8°' / RAISCH RO W IMPROV MENT CO., I� Ey: -- Pri cipa STATE OF CALIFORNIA SS. RELIANCE INSURANCE COMPANY County of Santa Clara On July 17, 1989 ,before me, Daxx Es�arza ... Surety Notary.Public, State of California, duly commissioned and sworn, personally appeared. Jody A. Johnson.....personally known ... . to me to be the Attorney-in-Fact of the Corporate Surety that executed the within instrument, and known to me to be the person By: who executed the said instrument on behalf of the Corporation Attor i — act .�® y A. .06"9615®t1 herein named and acknowledged to me that such Corporation Y— executed the same. IN WITNESS WHEREOF, I have here nto set my hand and affixed my official seal in the County of S a Cldr ,, the day and year In this certificate first abo ritten. I� .. bed this day of SAX; ?A: ZA ";OIARY i'+ L,LI,V LIFORNIA SAMA CLARH. CCU �F• fiq Goi mussion Expires Dec. 11, 1992 ! 411iG UN / 6/17/85 0 . RELIANCE IWSURAIVCE COMPANY HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY,a corporation duly organized under the laws of the State of Pennsylvania,does hereby make,constitute and appoint JODY A. JOHNSON of SAN JOSE, CALIFORNIA ---------------- its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ---------------- and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings end of er'writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978,which provisions are now in full force and effect,reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and (b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds;recognizances,contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by. facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June,1979,at which a quorum was present,and said Resolution has not been amended or repealed: "Resolved,that the signatures of such directors and officers andthe seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the:Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President,and itscorporate seal to be hereto affixed,this 27th day of September 19 88 RELIANCE INSURANCE COMPANY Vice President STATE OF Washington COUNTY OF King On this 27th day of September 19 88personally appeared Lawrence W. CaopR Y to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, and acknowledged that he a ut art, tell-Or ing instrument and affixed the seal of said corporation thereto,and that Article VII,Section 1, 2, and 3 of the By-La oo(m�gany afv���btte u- tion,set forth therein,are still in full force. ��O �11AR/ '`r= My Commission Expires: + L • 19 90 May 15 Notary Public in and for Stat oty�'yias��f,��o Residing at Tacoma O,P •••••••' WASN� John E. Vance Assistant Secretary of the RELIANCE INSURANCE COMPANY,do he, the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY,which is sii�I in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company this 17th day of .JUly 19 . t Assistant Secretary hn E. ance l TRUE.LIANC,IM INSURANCE 4=0M1P-AZTY f HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA Bond No. REL(9) BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A.DOCUMENT NO.A-310(FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we Raisch Construction Co. as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia,Pennsylvania,a corporation duly organized under the laws of the State of Pennsylvania, 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 (10%) of the Total Amount Bid--- Dollars I$ --------10%---------- ), for the 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 Stevens Creek Boulevard Improvements Orange Avenue to Pharlap Drive, Project 4022 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 fur- nished 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 Denalty_hereof_ between the_amaunt_,mecified in said bid and such larger amount for which the STATE OF CALIFORNIA t to perform the Work covered by said bid, SS. remain in full force and effect. county of Santa Clara On.June 13,, 1989 ,before me, Earla J;,Magner, ,,, . f June A.D. 19 89 Notary Publlc,•State of•California, duly commissioned and sworn, JOdY...A ...Johnson•••• personally known personally appeared...... : to me to be the Attorney-in-Fact of the Corporate Surety that nisch ConstOn CO. executed the within instrument, and known to me to be the person ( cipal) IS®.II who executed the said instrument on behalf of the Corporation herein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ) If _ o/�} •C• ����J� /dor "! t"� my official seal in the County ••• the day and J year in this certificate first above written. LIANCE INSURANCE COMPANY EARLA J. WAGNER fr P9 = NOTARY PUBLIC-CALIFORNIA ' ;tiff �Y SANTA CLARA COUNTY , My Commission Expires Oct.29,1990 \rs%- fod A J non, At .o ney—in—Fact RELIANCE INSURANCE COMPANY s HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA : POWER OF /ATTORNEY KAJJW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY,a corporation duly organized underthe laws of the State of Pbnnsylvania,does hereby make,constitute and appoint JODY A. JOHNSON of SAN JOSE, CALIFORNIA ---------------- its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ---------------- and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and of er writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978,which provisions are now in full force and effect,reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and (b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting hold on the 5th day of June,1979,at which a quorum was present,and said Resolution has not been amended or repealed: "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding.upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate seal to be hereto affixed,this 27th day of September 19 88 RELIANCE INSURANCE COMPANY Vice President STATE OF Washington COUNTY OF King On this 27th day of September , 19 88personally appeared Lawrence W. Ca OR Y /' to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY,and acknowledged that he e utateOe,�r ing instrument and affixed the seal of said corporation thereto, and that Article VII,Section 1, 2, and 3 of the By-La o�salO omp_any ar&cLtjt��e u. tion,set forth therein,are still in full force. (11�TARY My Commission Expires: L May 15 . 19 90 Notary Public in and for Stat o1P-1 y�aS4In%po Residing at Tacoma F •'• •••••••':� OF�WA5 ' John E., Vance Assistant Secretary of the RELIANCE INSURANCE COMPANY,do he the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE iNSURANCE COMPANY,which is sti I in full force and NlOct. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company this 13th day of June 19 89L Assistant Secretary ehE. ance