90-009 Pioneer Contractors Inc.; Service Center Roof Project 90-106 •
CONTRACT FOR PUBLIC WORKS
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CONTRACT made on March 20, 1990 by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and AMBO ENGINEERING. INC.
thereinafter called the CONTRACTOR.
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• 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 SIDEWALK GRINDING PROJECT 90-106
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 SIDEWALK GRINDING PROJECT
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,
SIDEWALK GRINDING PROJECT 90-106
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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,
o
material shall
asrnrequirednd inthatsaidsPlansaidwaork
nd
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:
FOURTEEN THOUSAND SIX HUNDRED THIRTY TWO DOLLARS AND NO/100 ($14,632.00)
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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,
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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
ag•reementof the parties, or in accordance with the rules of the
American Arbitration Association if the parties are unable to
agree.
10. TIME FOR COMPLETION. All work under this Contract shall be
completed:
THIRTY (30) WORKING DAYS
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.
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11. INSPECTION AND TESTING •OF MATERIALS. The Contractor shall
notify the City a sufficient time in advance of the manufacture or
inprodorderothatn f mattheB1ials City to mayearrangeed ge forymill orunder
factory inspection
and testing of the.same, if the City requests such notice fromtheContractor.
12. TERMINATION FOR BREACH, ETC. If the Contractor should be
adjudged a bankrupt, or if he should make a general assignment for
the benefit of his creditors, or if a receiver should be appointed
on account of his insolvency, or if he or any of his subcontractors
should violate any of the provisions of the Contract, the city may
serve written notice upon him and his surety of its intention to
terminate the Contract, such notice to contain the reasons for such
intention to terminate the Contract, and unless within ten days
after serving of such notice, such violation shall cease and
satisfactory arrangements for corrections thereof be made, the
Contract shall, upon the expiration of said ten days, cease and
terminate. In the event of any such termination, the City shall
immediately serve written notice thereof upon the surety and the
Contractor, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within
fifteen days after the serving upon it of notice of termination
does not give the City written notice of its intention to take over
and perform the Contract, or does not commence performance thereof
within thirty days from the date of the serving of such notice, the
City may take over the work and prosecute the same to completion by
contract, or by any other method it may deem advisable, for the
account and at the expense of the Contractor, and the Contractor
and his surety shall be liable to the City for any excess cost
occasioned by the City thereby, and in such event the City may,
without liability for so doing, take possession of, and utilize in
completing the work, such materials, appliances, plant and other
property belonging to the Contractor as may be on the site of the
work and necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount which the City may
retain under Paragraph 21 of this Contract until the final .
completion and acceptance of all work covered by the Contract, the
City may withhold from payment to the Contractor such an amount or
amounts as in its judgment may be necessary to pay just claims
against the• Contractor or any subcontractors for labor and services
rendered and materials furnished in and about the work. The City
may apply such withheld amount or amounts to the payment of such
claims in its discretion. In so doing, the City shall be deemed
the agent of the Contractor, and any payment so made by the City
shall be considered as a payment made under the Contract by the
City to the Contractor, and the City shall not be liable to the
Contractor for any such payment made in good faith. Such payment
may be made without prior judicial determination of the claim or
claims. With respect to any retention of payment by the City to
ensure performance of the Contract, Contractor will be entitled to
substitute securities 'as provided in Section 4590 of the California
Government Code as more fully described in the City' s Notice to
Contractors.
Page •4.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to
the other under this Contract shall be in writing, and shall be
dated and signed either by the party giving such notice, or by a
duly authorized representative of such party. Any such notice
shall not be effective for any purpose whatsoever unless served in
the following manner: (a) if the notice is given to the City
either by personal delivery thereof to the City Manager of the
City, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to the City, postage
prepaid and certified; (b) if the notice is given to the
Contractor, either by personal delivery thereof to the Contractor,
or to his duly 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:
34151 ZWISSIG WAY, UNION CITY, CA 94587
postage prepaid and certified; and (c) if the notice is given to
the surety or any other person, either by personal delivery to such
surety or other person, or by depositing the same in the United
States mails, enclosed in a sealed envelope, addressed to such
surety or person, as the case may be, at the address of such surety
or person last communicated by him to the party giving the notice,
postage prepaid and certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part
thereof, nor moneys due or to become due thereunder, may be
assigned by the Contractor without the prior written approval of
the City.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in
the Specifications, any material or process is indicated or
specified by patent or proprietary name, or by name of
manufacturer, such Specifications must be met by Contractor, unless
the City agrees in writing to some other material, process or
article offered by Contractor which is equal in all respects to the
one specified.
17. CONTRACT SECURITY. The Contractor shall furnish a surety
bond in an amount at least equal to one hundred percent (100%) of
the contract price as security for the faithful performance of this
Contract. . ' The Contractor shall also furnish a separate surety bond
in an amount at least equal to one hundred percent (100%) of the
contract price as security for the payment of all persons for
furnishing materials, provisions, provender, or other supplies,
used in, upon, for or about the performance of the work contracted
to be done, or for performing any work or labor thereon of any
kind, and for the payment - of amounts due under the Unemployment
Insurance Code with respect to such work or labor in connection
with this Contract, and for the payment of a reasonable attorney's
fee to be fixed by the court in case suit is brought upon the bond.
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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
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(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.
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(a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take :ut and maintain during the
life of this Contract Worker's Compensation Insurance and
Employer's Liability Insurance for all of his employees employed
at the site of the project and,in case any work is 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
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with such provisions before commencing the performance of the
_work of this contract."'
(b) LIABILITY INSURANCE. The Contractor shall take out and
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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 abd 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
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Property Damage Liability Insurance in an amount not less than
$ 250,000.00. The City and its officers and employees, shall be
which named as additional insureds on any such policies of insurance,
therebyhtolalso the. City, its oftain a ficersion that and employees,insurance afforded
insurance to the full 'limits of liabilityshall be primary
if the City, or its officers and employees, the policy and thate
against a loss covered by such have otherninsurance
be excess insurance only.
Policy, such other insurance shall
19 . HOLD HARMLESS. The Contractor will save, keep, and hold
harmless • the City and all officers, employees, and agents thereof
from all damages, costs, or expenses, in law or in equity, that may
at any .time arise or be set up because of personal injury or damage
to property sustained by any person or persons by reason of, or in
the course of the performance of said work, or b
infringement or alleged infringement of the patenterightsoof any.
. person or persons, firm or corporation in consequence of the use
. installed in, on, or about said work, of any article or material supplied or
under
Contractor shall wherever nitaisct�necessarytkeep Notwihstanandgmaintainboatdinthe � the
his
sole cost and expense during the course of his operations under
this Contract such warnings, signs, and barriers as may be required
to protect the public. The provisions of the preceding sentence
shall not impose any liability upon the City and are for the
express benefit of the general public.
20 . HOURS OP WORK. Eight hours of labor during any one calendar
day and forty hours of labor during any one calendar week shall
constitute the maximum hours of service upon all work done
hereunder, and it is expressly stipulated that no laborer, workman,
or mechanic employed at any time by the Contractor or by any
subcontractor or subcontractors under this Contract, upon the work
or upon any part of the work contemplated by this Contract, shall
be- required or permitted to work thereon more than' eight hours
during any one calendar.day and forty hours during any one calendar
week, except, as provided by Section 1815 of the Labor Code of the
State of California, 'work performed by employees of contractors in
excess of eight hours per day and forty hours during any one week •
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shall be permitted upon public work upon compensation for all hours
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one-half worked in excess of eight hours per day at not less than one and
times
the
stipulatedhatforbeach and eeverof yaviolation of Sections 1811 1815. It is further ,•
inclusive, of the Labor Code of the State of California, all the
provisions whereof are deemed to be incorporated herein, the
Contractor
forfeit,eachas a laborer, worker, ore mechanic employediin
Contras to
the execution of this Contract by Contractoract, , or by any
which
ndasaidtlaborer, worker, oror under this ntmechanicrisach requireddor permitteditog
work more than eight hours in any one calendar 'day and forty hours
is any one calendar week in violation of the provisions of said
.. Sections of the Labor Code.
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The Contractor, and each subcontractor, shall keep an accurate
record showing the names of and actual hours worked each calendar
4ay and each calendar week by all laborers, workmen, and mechanics
ddmmployed 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
basis:
(1) A certified copy of an employee's payroll record shall be
_ made available for inspection or furnished to such employee or
his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in •
subdivision (a) shall be made available for inspection or •
furnished
the contract, the uDivision ofest to a pLabor tStandards ative of tEnforcement he body rdand
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 hot 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.
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(d) Any copy of records. made available for inspection as copies
and furnished upon request to the public or any public agency by
the awarding bids, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement shall be marked or
obliterated in such' a manner as to prevent disclosure of an
individual's name, address and social security number. The name
and address of the Contractor awarded the contract or performing
the contract shall not be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (a) ,
including the street address, city and county and shall, within
five working days, provide a notice of a change of location and
address•.
(f) In the event of noncompliance with the requirements of this
section, the Contractor shall have ten (10) days in which to comply
subsequent to receipt of written notice specifying in what respects
such Contractor must comply with this section. Should
noncompliance still be evident after such ten (10) day period, the
Contractor shall, • as a penalty to the state of political
subdivision on whose behalf the contract is made or awarded,
forfeit twenty-five dollars ($25.00) for each calendar day or
portion thereof, for each worker, until strict compliance is
effectuated. Upon the request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, such
penalties shall be withheld from progress payments then due.
(g) The body awarding the contract shall cause to be inserted in
the contract stipulations to effectuate this section. Such
stipulations shall fix the responsibility for compliance with this
section on the prime contractor.
'(h) The director shall adopt rules consistent with the California
Public Records Act, (Ch; 3 .5 (commencing with Section 6250) of Div.
7; Title 1. Gov. Ch. ) and the Information Practices Act of 1977,
(Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. )
governing the release of such records, including the establishment
of reasonable fees to be charged for reproducing copies of records
required by this section. (Added by Stats. 1978, Ch. 1249) .
1775.5 Nothing in this chapter shall prevent the employment of
properly registered apprentices upon public work.
Every such apprentice shall be paid the standard wage paid to
apprentices under the regulations of the craft or trade at which he
is employed, and shall be employed only at the work of the craft or
trade to which he is registered.
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Only apprentices, as defined in Section 3077, who are in training
under ards and
under Chaptert4Ceship(commencingdwith Sectionritten apprentice 3070) , Divisiona31eofethe
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
of prtheiccraft cormittee trade inmthesareang ofthe thesite orthe public apprenticeship
dwork
for a certificate approving the Contractor or subcontractor under
the apprenticeship standards for the employment and training of
apprenticeships in the area or industry affected) provided,
however, that the approval as established by the
joint
apprenticeship committee or committees shall be subject to the
approval of the Administrator of Apprenticeship. The joint
apprenticeship or committees, subsequent to approving the subject
contractor or subcontractor, shall arrange for the dispatch of
apprentices to the Contractor or subcontractor in order to comply
with this section. There shall be an affirmative duty upon the
joint apprenticeship committee or committees administering the
apprenticeship standards of the craft or trade in the area of the
site of the public work to ensure equal employment and affirmative
action in apprenticeship for women and minorities. Contractors or
subcontractors shall not be required to submit individual
applications for approval to local joint apprenticeship committees
provided they are already covered by the local apprenticeship
standards. The ratio of apprentices to journeymen who shall be
employed in the craft or trade on the public work may be the ratio
stipulated ' in the apprenticeship standards under which the joint
apprenticeship committee operates but in no case shall the ratio be
less than one apprentice for each five journeymen, except as
otherwise provided in this section.
The Contractor or subcontractor, if he is covered by this
section, upon the issuance of the approval certificate, or if he
has been previously approved in such craft or trade, shall employ
the number of apprentices or the ratio of apprentices to journeymen'
stipulated in the apprenticeship standards. Upon proper showing by '
the Contractor that he employs apprentices in such craft or trade
in the state on all of this contract on an annual average of not
less than,one apprentice to each five journeymen, the Division of
• Apprenticeship Standards may grant a certificate exempting the
Contractor for the 1-to-5 ratio as set forth in this section. This
section shall not apply to contracts of general contractors
involving less than thirty thousand ($30,000 .00) or twenty ( 20)
working days or to contracts of specialty contractors not bidding
for work through a general or prime contractor, involving less than
two thousand dollars ($2,000 .00) or fewer than five (5) working
days.
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"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
Apprenticeship Council, regulations apprenticeship
by the
have the discretion ' The jointeficate, whichp committeelbe shalle
to the approvalto grant a certificate, which shall subject '
contractfrothetl-to-5iratioator of set forthppinntthishse, exemptingha
finds that any one of the following conditions areimet:etion when it
(a) In the event unemployment for the previous three month period
in such area exceeds an average of 1S percent, or
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(b) In the event the number of apprentices in training in such
area exceeds a ratio of 1-to-5, or
(c) If there is a showing that the apprenticeable craft or trade
is replacing at least one-thirtieth of its journeymen annually
through apprenticeship training, either (1) on a statewide basis,
or (2) on a local basis.
(d) If assignment of an apprentice to any work performed under a
public works contract would ' create a condition which would
jeopardize his life or the life, safety, or property of fellow
employees of the public .at large if the specific task to which the
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apprentice
When such exemptions are granted to an organization which' •
represents contractors in a specific trade from the 1 to 5 ratio on
a local or statewide basis the member contractors will not be
required to submit individual applications for approval to local
joint apprenticeship committees, provided they are already covered
by the local apprenticeship standards.
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A contractor to whom the contract is awarded,•
or an
subcontractor under him, who, in performing any of the work, under
the •contract, employs journeymen or apprentices in any
apprenticeable rat or trade and who is not contributing to a
fund or funds to administer and conduct the apprenticeship
in any such craft or trade in the area of the programub
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work, to which fund or funds other contractors in the area public
fthe
Site of the public work are contributing, shall contribute to the
or fund or funds in each craft or trade in which he employs journeymen
same pbasisiand in the sameic work.manner asnte sae amount thehothermcontractorsr 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
contractoror 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
bf. sdoh •dontributiona to the fund or funds as set forth in Section
227.
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• The body awarding the contract shall cause to be inserted in the
contract s •tipulations
at
the responsibility of tcompliance onwith 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
State. 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 shall:
(1) Be denied the right to bid on any public works contract for a
period of one year from the date the determination of
noncompliance is made by the Administrator of Apprenticeship; and
(2) Forfeit as a civil penalty in the sum of fifty dollars
($50 .00) !or each calendar day of noncompliance. Nothnithstanding
the provisions
Section 7�
awardingbodyshalln withhold from
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
prelcribed by the California Apprenticeship Council.
_ Cc) Any - funds withheld by the awarding body pursuant to this
Rection shall be deposited in the general fund if the awarding body
is a state entity, or in the equivalent fund of an awarding body if
such invaliding body is an entity other than the state.
The interpretation and enforcement of Sections 1777.5 and 1777 .7
• shall be ' in accordance with the rules and procedures of the
California Apprenticeship Council. (Amended by Stats, 1978, Ch.
- 1249)
It shall be mandatory upon the Contractor, and upon any
subcontractor under him, to pay not less than the said specified
rates to all laborers, workmen, and mechanics employed in the
execution of the Contract. It is further expressly stipulated that
the. Contractor shall, as a penalty to the City, forfeit twenty-five
- dollat6 ($25.00) for each calendar day, or portion thereof, for
: : each labotere workman, or mechanic paid less than the stipulated
:atilt/Sling rates for any work done under this Contract by him or by
itcany 'ddbcontractor Under work done under this contract by him or by
•• =? Ahy Subcontractor under him; and Contractor agrees to comply with
1 ' 611 provisions of Section 1775 Of the Labor Code.
•
•
Page 12
•
In case
comes
sary
actor or any .
subcontractor; to e employ onnthe sproject founder e this trcontract, any
person in a trade or , occupation (except executives, supervisory,
administrative, clerical, or other non-manual workers as such) for
which no minimum • wage rate is herein specified, the Contractor
shall immediately notify the City, who will promptly thereafter
determine the prevailing rate for such additional trade or
occupation and shall furnish the Contractor with the minimum rate
based thereon. The minimum rate thus furnished shall be applicable
as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the
continuance of such employment.
22. ACCIDENT PREVENTION. Precaution shall be exercised at all
times for the protection of persons (including employees) and
property. The safety provisions of applicable laws, building and
construction codes shall be observed. Machinery, equipment, and
other hazards shall be guarded. or eliminated in accordance with the
safety provisions of the Construction Safety Orders issued'by the
Industrial Accident Commission of the State of California.
23. PAYMENT. Payment will be made in accordance with the attached payment
schedule. The City will make partial payment to the Contractor on the
basis of a duly certified approval estimate of the work performed
and materials incorporated in the project, during' the preceding
calendar month, by the Contractor, but the City will retain ten
percent (10%) of the amount of each of said estimates until the
expiration of thirty-five (35) days from the date of recording by
the City of notice of acceptance of completion of all work covered
by this Contract, if such notice be recorded within ten days after
the acceptance of completion of such Contract as evidenced by
resolution of its governing body; or, if such notice be not so
recorded within ten days, until the expiration of ninety-five ( 95)
Jaye after the acceptance of completion of such work of improvement
as evidenced by resolution of its governing body, at which time and
not before, the City shall pay to the Contractor the whole of the
remaining ten percent (10%) of said contract price so held back as
provided; said certificates to be furnished by and obtained from
the City's representative shall, before the last Tuesday of each .
month, deliver said certificates under hand to the City, or in lieu
of such certificates, shall deliver to the Contractor, in writing,
under his hand, a just and true reason for not issuing the
certificates, including a statement of the defects, if any, to be
remedied, to entitle the Contractor to the certificate of '
completion. In event of the failure of the City's representative
to furnish and deliver said certificates or any of them or in lieu
•
Page 13 •
•
•
thereof, the writing aforesaid, within ten (10) days after the
times aforesaid, and after written demand has been made upon him
for the same, the Contractor may file demand with the City, and, in
event said certificates are not furnished within ten (10) days
thereafter, the same shall become due and payable.
In case the City's representative delivers the writing aforesaid,
in lieu of the certificates, then a compliance by the Contractor
with the requirements of said writing shall entitle the Contractor
to the certificates.
The payment of progress payments by the City shall not be
construed as an absolute acceptance of the work done up to the time
of such payments, but the entire work is to be subjected to the
inspection and approval of the City, and subject to whatever
inspection and approval may be required by law.
24 . PROTECTION OF PUBLIC UTILITIES. The City shall be
responsible as between the parties to this Contract only, for the
removal, relocation, or protection of existing public utilities, if
any, located on the site of construction, but only if such public
utilities are not identified by the City in the Plans and
Specifications made a part of the invitation for bids. The City
shall compensate the Contractor for costs incurred in relocating or
repairing damage to utility facilities not indicated in the Plans
and Specifications, other than service laterals when the presence
of such utilities on the construction site can be inferred from the
presence of such visible facilities as buildings, and meters and
junction boxes on, or adjacent to, the construction site. The
Contractor shall not be assessed liquidated damages for delay in
completion of the Contract project, as provided in Paragraph 27
below, when such delay is caused by the failure of the City, or
other public utility, to provide for the removal or relocation of
the existing utility facilities. If the Contractor while
•
performing the Contract discovers utility facilities not identified
by the City in the Contract Plans and Specifications, the service
laterals as hereinabove described, he shall immediately notify the
City in writing.
25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor
shall not be responsible for the cost of repairing or restoring
damage to:the work caused by an Act of God. NEVERTHELESS, the
Contractor shall, if the insurance premium is a separate bid item, '
obtain the insurance to indemnify the City for any damage to the
work caused by an Act of God. "Acts of God" shall include only the
following occurrences or conditions and effects: earthquakes and
tidal waves, when such occurrences or conditions and effects have
been proclaimed a disaster or state of emergency by the Governor of
the State of California or by the President of the United States, •
or were of a magnitude at the site_of the work sufficient to have
caused a proclamation of disaster or state of emergency having
Occurred in a populated area. Subject to the foregoing, the City
shall not, , in any way or manner, be answerable or suffer loss,
damage, expense or liability for any loss or damage that may happen
to said building, work, or equipment or any part thereof, or in,
Page 14
•
on, or about the same during its construction and before
acceptance.
26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly
guarantees 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 Plana and Specifications, in which event the Contractor
unqualifiedly guarantees such lesser quality; and that the work as
performed by the Cbntractor will conform with the Plans and
Specifications or any written authorized deviations therefrom. In
case of any defect in work, materials, apparatus or equipment,
whether latent or patent, revealed to the City within one (1) year
of the date of acceptance of completion of this Contract by the
City, the Contractor will forthwith remedy such defects without
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 DOLLARS AND NO/100 ($150.00) FOR EACH CALENDAR DAY
for each and every working day during which said work shall remain
uncompleted beyond ouch time for completion or unlawful extension
thereof, which sum shall be presumed to be the amount of damage
thereby sustained by the City since it would be impracticable or
extremely difficult to fix the actual damage; and the amount of
liquidated damages may be deducted by the City from moneys due the
Contractor hereunder, or his assigns and successors at the time of
completion, and his sureties shall be liable to the City any
excess.
-28. ADDITIONAL PROVISIONS.
None
Page 15 •
•
•
STATE OF CALIFORNIA On this....R$T$ day of MARCH in the year...1990...,
COUNTY OF ALAN[EpA 8S. before me ORRI$13 D. RAXAZZA a Notary Public,State of California,
I duly licensed and sworn,personally appeared
SAMDEL.A...SROSETO
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person
who executed the within instrument as PRESIDENT
III. . , p or on behalf of the corporation therein named and acknowledged to me that the corporation
,. executed it.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
i, in theCITY OF UNION CITY Coo y of ALAMEDA on the
date set forth above in this certified( .
Notary Pub tate of California
My commission expires
a
owderye Form No.27—Acknowledgement to tmsaneyment a Gaya general maynt pmyermr use m sonpleuansacuowand moo way acts.orummmeato actt as a seat Im
tmo ,the advice
m
Notary Public—Corporation—(C.C.Secs.1190, et attorney.The printer does not makeov any warranty.eexpress w implied.as to me legal yamm a any prunsmp m me suitability a mese lams in any
1190.11—(Rev.1/831 specific transaction.
•
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
Mayor: 3��6a /2 Y.914)
City Attorneyt
I
City Clerks
Date/City Clerks 1/—/0-90'
cRACTOR, AMBO ENGINEERING, INC
By, SAMUEL POSETO
Notary acknowledgment required. PRESIDENT
If a corporation, corporate seal
and corporate notary •
acknowledgment required. •
Project, Name and Number: SIDEWALK GRINDING PROJECT 90-106
Contractors Names AMBO ENGINEERING, INC. , 34151 ZWISSIG WAY, UNION CITY, CA 94587
Contract Amounts FOURTEEN THOUSAND SIX HUNDRED THIRTY TWO THOUSAND AND NO/100)
($14,632.00)
•
Con tnet. Account Numbers 110-989-720.
•
Page 16
1989 CAPITAL IMPROVEMENT PAYMENT SCHEDULE
QUANTITIES CUT-OFF DATE CHECK RELEASE DATE
FRIDAY 5:00 PM FRIDAY
JANUARY 13 JANUARY 27
FEBRUARY 10 FEBRUARY 24
MARCH 10 MARCH 24
APRIL 7 APRIL 21
MAY 5 MAY 19
JUNE 2 JUNE 16
JUNE 30 JULY 14
JULY 28 AUGUST 11
AUGUST 25 SEPTEMBER 8 •
SEPTEMBER 22 OCTOBER 6
OCTOBER 20 NOVEMBER 3
NOVEMBER 17 DECEMBER 1
DECEMBER 15 DECEMBER 29
" '-�,. ' ' 1 LETTER OF TRANSMITTAL 3091
I .
1
' A. a. o a ATTENTION. RIL CARMEN90LYNAUGH ®-
34151 ZWISSIG WAY • UNION CITY CA 94587 _-
LICENSE NO. 310292 (415) 487-2424
TO: CITY OF CUPERTINO RE: SIDEWALK GRINDING
10300 TORRE AVENUE PROJECT 90-109
CUPERTINO, CA 95014-3255 . , JOB NO. 90806
•
GENTLEMEN: ' -
We are sending you XXX Attached Under separate cover via
- .the folowing items:
Shop.Drawings Plans Samples Submittals
Specifications Calculations Copy of Letter
Change Order XXX Subcontracts - Quotations
Other:
t
/ ti
l Sa-s d?x;itz �`.'r t « e. r a ' kt'.. "g°. 'a at u r., �y-a-sitz-i,..?.
a
Co ies Date No 'r <+ ,.. is tion At
s «
� ,���, P �" "4 a «v`mm'b.'�cat : `:.'t.E y," "�`,e «. '�^,4�--*. ..�.,'?� � P a ,nom.
tt
3 /4/0 /90 -- , CONTRACTS
• =.4 2 4/0/90 BONDS - FAITHFUL PERFORMANCE, LABOR AND MATERIAL
‘ I, AND POWER OF ATTORNEY
Thesea�e transmitted as checked below: l
r
Returned for Corrections XXX For Approval i / XXX As Requested
I -,, �- Approved As Submitted .XXX For Your Use 4 - Corrected Prints
XX-1C Return
-. For Review And Comment Approved As Noted
y 4i
• i REMARKS: -
y
' lReceived by:-
.
�, r
Date:
i .
o, —
Signed: -_)'ttCg6tL[ Litt Q. a 4AHAM
W M
rN
•
/ a2 —• '- s ISSUE DATE(MM/DD%YY)
Alalias® CERTIFICATE�OF INS_URANCE ' n 3/2$,90
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
R. C. Fischer & Co. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
1655 N. Main Street, , Suite 360 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P. O. Box 8101
Walnut Creek, Ca. 94596-8101 COMPANIES AFFORDING COVERAGE '
COMPANY
CODE SUB-CODE LETTER. A NEW HAMPSHIRE INSURANCE GROUP.
COMPANY B
INSURED, LETTER NEW HAMPSHIRE INSURANCE GROUP
COMPANY
Ambo Engineering, Inc. • LETTER C
34151 Zwissig Way COMPANY
Union City CA 94587 LETTER D INDUSTRIA.L INDEMNITY COMPANY
COMPANY E
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR..OTHER DOCUMENT WITH RESPECT TO.WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
LTR - DATE(MM/DD/YY) DATE(MM/DWYY)
A GENERAL LIABILITY CD01405416 1/08/90 1/08/91 GENERAL AGGREGATE $ 2000
X COMMERCIAL,GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1000
l CLAIMS MADEX-1 OCCUR. PERSONAL&ADVERTISING INJURY $ 1000
I OWNER'S&.CONTRACTOR'S PROT. - EACH OCCURRENCE $ 1000
FIRE DAMAGE(Any one fire) $ 50
MEDICAL EXPENSE(Any one person) $ 5
B AUTOMOBILE LIABILITY CP09968591 1/08/90 1/08/91 COMBINED
SINGLE $
X ANY AUTO LIMIT
•
X ALL OWNED AUTOS, , BODILY
X SCHEDULED AUTOS (PeURY $
(NJr parson).
X HIRED AUTOS BODILY
X NON-OWNED.AUTOS INJURY `$
(Per accident),
GARAGE LIABILITY'
PROPERTY $
DAMAGE
EXCESS LIABILITY — EACH AGGREGATE
}OCCURRENCE
$ $
OTHER THAN UMBRELLA FORM I •
D ' WORKER'S COMPENSATION CB9056020 10/01/89 10/01/90 STATUTORY
$ 2000 (EACH ACCIDENT)
AND
' $ 2000 (DISEASE—POLICY LIMIT)
I EMPLOYERS'LIABILITY ,
$ 2000 "(DISEASE—EACH EMPLOYEE)
OTHER
1 �-PUB '3LIC�WORKS
;�
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS 1AR- -�1 {990
ALL CALIFORNIA OPERATIONS
CERTIFICATE HOLDEFI a' ' ="4'CANCELLATION
-
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL CNDCAYOR TO'
CITY OF CUPERTINO MAIL 3 .DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
ATTN: CARMEN LYNAU~vH LEFT, OUT FAILURE TO MAIL CUOI I NOTICE OIIALL IMCOCC NO ODLICATION 0(1
10300 TORRE AVENUE '
CUPERTINO, CA 95014 -
A• UTHORIZED REPRESENTATIVE Illr ..
R.' C_ 'FISCHER & , - . , . , - z man
ACORD,'25-S (3/8 ) - t _ CDACORDCORPORATION 1988'tr
BOND NO. 0 38 08 13
PREMIUM INCLUDED IN PERFORMANCE BOND
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
AMR() ENGINEERING, 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
GREAT AMERICAN 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 FOURTEEN THOUSAND SIX HUNDRED THIRTY TWO AND NO/100ths
(8 14,632.00 ) •
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail -to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the
same and also will pay in case suit is brought upon this bond, such reasonable
attorney's fee as shall be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1184. 1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
( STATE OF CALIFORNIA On this 28TH day of MARCH in the year...,1990...
�y ,
SS. before me DENISE D. MAVQ2,ZA a Notary Public,State of California,
COUNTY OF AT•.AMDA duly licensed and sworn,personally appeared
SAMUE]..A,..SROS '10
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person
who executed the within instrument as PR STP NT
or on behalf of the corporation therein named and acknowledged to me that the corporation
®t .b .. '
e: ami 0" executed it.
'm >, IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
•
intheCITY OF UNION CITY County of ALAM DA, on the
r ,n it iiiiR .f 4 a;
i Sip t Q6" date set forth above in this certifca _ / /
Eu 'ru•Ci o ,3...:..,. V r fa,ap. `/ / /
Not r 5'ublic, State of California
• My commission expires
Cowdery's Form No.27—Acknowledgement to This document is ony a general form Mich maybe prop...foruse in simple transactions and nue say acts.or o intended foact.asasrosuwle tor Me aevco
• Notary Public—Corporation—(C.C.Secs. 1190, of an attorney.The printer does not make any warranty.eller express or implied.as to me legal validity of any provision or the suitability of hese forms in any
a 1190.1)—(Rev. 1/83) soeNmvansammn.
STATE OF CALIFORNIA )
SS.
COUNTY OF CONTRA COSTA )
On MARCH 28, 1990 , before me, a Notary Public,
personally appeared B. F. EASTMAN
personally known to me (or proved to me on the basis of satisfactory evidence), to be the person whose
name is subscribed to this instrument as attorney-in-fact
of GREAT AMERICAN INSURANCE COMPANY
and acknowledged to me;lthatlhgll( ,Illsylbscr�lbed the,lclornpinolation d thereto a urety and his (her)
own name as attorney Intact- OFFICIAL SEAL
FE
El /^ ,Ii*A. ROSE V FRAGOSO
�� A i 1 NOIARN PUBLIC.CALIFe - I - I ✓�
it �w ,r � COUNTY OF CONTRA COSTA _ NO/. RY PUBLIC
Li RRA,, , My Comm. Exp. Jan. 24, 1994
u niknimmin uvu imn,'m
Premium for this hond will be adjusted ata rate aP BOND N0. 0 37 OS 13
$ ,� per thousand dollars of Final Contract PREMIUM: $138.00
Price. p
Deposit Premium of$ �.3S V has been based on the
Original Contract Price. • FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, AMBO ENGINEERING. INC.
as Principal and GREAT AMERICAN INSURANCE COMPANY •
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of FOURTEEN THOUSAND SIX HUNDRED THIRTY TWO & NO/1OOths Dollars
($ 14,632.00 ) lawful money of the United States, for the payment '
of which will and truly to be made, we bind ourselves, our heirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated MARCH 20, 1990 ,
with the Obligee
to do and perform the following work to-wit:
SIDEWALK GRINDING
PROJECT NO. 90-106
•
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 28thday of MARCH , 19 90 •
(To be signed by Principal
and Surety and acknowledgment.)
AMBO EERING, '' .
•
j BY: !s
Principal
GREAT '.yir�.e d a��,'�,tM.,✓n .•/
BY: G. _..
SuretjW
B. F. EASTMAN, ATTORNEY-IN-FACT
By:
Attorney-in-Fact
EXECUTED IN DUPLICATE
The above bond is accepted and approved this /O day of 4, ' , 19,
ry
STATE OF CALIFORNIA On this.....2,TR day of....MARCH in the year....19.90...,
ss. before me PNI$F..D.•..1TAV.AZZA a Notary Public,State of California,
COUNTY OF ALAMEDA, duly licensed and sworn,personally appeared
SAMUT:L..A...S.PO.SZTO
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person
who executed the within instrument as PRESLDKNT.
or on behalf of the corporation therein named and acknowledged to me that the corporation
executed it.
on...„. u., . . .i=..,'o aw lg3:W.
n re lk IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
•
art .4 r v in the CITY OF UNION CITYCou yof ALAMEDAA/� on the
iell ul eA PL date set forth above in this certificate a /�����"^” •`
al k}�¢nouxrFcsaLV a r ,�STi.
rmaw J_tr.IL ru Or,, e" t �.��
Notary Pu ,State of California
•( My commission expires
Cowdery's Form No.27—Acknowledgement to This document is ony a general lormwhich may be proper for use in slmplolransacIron and in noway acts,or is intended to act.as a substitute for the advice
• Notary Public—Corporation—(C.C.Secs. 1190, of an attorney.The printer does not make any warranty.either e.prms or implied.as to the legal validity m any prevision or the suitability of those teams in any
1190.1)—(Rev. 1/83) specific bansactun.
V Y
STATE OF CALIFORNIA
SS.
COUNTY OF CONTRA COSTA )
On • MARCH 28, 1990 , before me,a Notary Public,
personally appeared B. F. EASTMAN
personally known to me (or proved to me on the basis of satisfactory evidence), to be the person whose
name is subscribed to this instrument as attorney-in-fact
of GREAT AMERICAN INSURANCE COMPANYh
and acknowledged to me that l,hell(she) subsc(il?egmtb:coaUBLIC
hereto as urety and his (her)
• 1 I ii III II f ifl
IFORNIA
own name as atto�na}J in �aCt.
L..-ice OFFICIAL SEAL
( S ROSE V. FRAGOSO
5 COUNTY OFeCON CONTRA COSTA B
,\.�.;,,bEi
NOT Y
01- \ My Comm. Exp. Jan. 24. 1994
T ••
Labor and Material Bond Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this 28th day of MARCH , 19 90
AMBI E INEERL -, INC. 411100
Ak
BY: Nita& — es
(To be signed by Principal Principal —
and Surety. Notary GREAT AMERICAN INS
acknowledgments required.)
BY: G� .- �
Surer r
B. F. EASTMAN, ATTO' , Y-IN-FACT
EXECUTED IN DUPLICATE
By:
Attorney-in-Fact
r'
The above bond is accepted and approved this /0 day of
91-6' , 19 .
6/17/85
91029L(02/891 GREAT AMERICAN INSURANCE COMPANY
GEEAT AMERICAN INSURANCE COMPANY
The number of persons authorized by
this power of attorney is not more than No.0 13227
FIVE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and
existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named
below its true and lawful attorney-in-fact, for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and
all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said
Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
JOHN R. FISCHER WALTER F. MERKLE ALL OF ALL
GORDON W. RICHARDS B.F. EASTMAN WALNUT CREEK, UNLIMITED
R.H. ROMIGUIERE CALIFORNIA •
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 27th day of October • 19 89
Attest GREAT AMERICAN INSURANCE COMPANY
‘071
3 �
:SeN—LATI--( Clicte-A—t'`-etiON_/
Assistant Secretary Vice President
STATE OF OHIO,COUNTY OF HAMILTON —ss:
On this 27th day of October, 1989 ,before me personally appeared ROBERT M.SCHUDER, to me
known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance
Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of
his office under the By-Laws of said Company,and that he signed his name thereto by like authority.
la Notary
Pu A. FLAMM
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o Notary sioi fi, state OE A //
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This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great
American Insurance Company by unanimous written consent dated August 20, 1979.
RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is
authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute in behalf of the Company, as surety,any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties
and the respective limits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile
to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other
written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect
as though manually affixed.
CERTIFICATION
I, RONALD C. HAYES,Assistant Secretary of the Great American Insurance Company,do hereby certify that the foregoing
Power of Attorney and the Resolutions of the Board of Directors of August 20,1979 have not been revoked and are now in full force and
effect.
Signed and sealed this 28 t day of MARCH . , 19 90 .
titto
Assistant Secretary
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