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90-018 Casey Construction, Viceroy Court Storm Drain, Project No. 90-6013
CONTRACT FOR PUBLIC WORKS CONTRACT made on JUNE 4, 1990 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and CASEY CONSTRUCTION ,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 VICEROY COURT STORM DRAIN, PROJECT 90-6013 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 VICEROY COURT STORM DRAIN 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, VICEROY COURT STORM DRAIN PROJECT 90-6013 Page 1 • • and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J . Viskovich, Director of Public Works. 3 . CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of: TWELVE THOUSAND SEVEN HUNDRED DOLLARS AND NO/100 ($12,700.00) subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all, necessary permits and licenses, easements, 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 Specification or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. S . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or •in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: TEN (10) WORKING DAYS If the Contractor shall be delayed in the work by the acts or- neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable• casualties or any causes beyond the Contractor's control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. Page 3 • • • 11. INSPECTION AND TESTING •OF MATERIALS. The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. if the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty days from the date of the serving of such notice, the City may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final . completion and acceptance of alk 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 en to the Contractor, either by personal delivery thereof to the vContractor, 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: 632 SYLVAN WAY REDWOOD CITY, CA 94062 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.contract TherContractorrice as cushallfor alsothe furnishfaithful separate ance of this surety bond in an amount at least equal to one hundred percent (1004) of the contract price aa 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 • 18 . INSURANCE. The Contractor shall rot commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract, until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this ' Contract shall also contain an endorsement providing that thirty • (30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take :ut and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of his employees employed at the site of the project and,in case any work i3 sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code ' which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply • With such provisions before commencing the performance of the work of this contract."' (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury • Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do ' with blasting, collapse, and underground property damage) , which may arise from Contractor' s operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Bodily Injury Liability Insurance in an amount not less than $500,000.00 for injuries, including accidental death, to any, one person, and subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of one accident, and • Page 6 • Property Damage Liability Insurance in an amount not less than $250,000 .00 . The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, have other insurance against a loss covered bk such policy, such other insurance shall be excess insurance only. 19 . HOLD HARMLESS. The Contractor will save, keep, and, hold harmless • the City and all officers, employees, and •agents thereof from all damages, costs, or expenses, in law or in equity, that may at anytime arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of infringement or alleged infringement of the patent rights person or any persons, firm or corporation in consequence of any in, on, or about said work, of any article ormaterial osu tli use installed under this Contract. Notwithstandingabove, or Contractor shall wherever it is necessary keep and maintain his sole coat and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20 . HOURS OF WORK. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by an subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be- required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, 'work performed by employees of contractors in shall excess of eight hours per day and forty hours during any one week • • worked ben permitted upon public work upon compensation for all hours rkedlf times thofbaeight tathours per day at not less than one and stipulated that for each and every pay. of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for• each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or byan subcontractor under this Contract, for each calendar day uring which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar 'day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. • Page 7 The Contractor, and each subcontractor, shall keep an accdrate dmrecord showing the names of and actual hours worked each calendar pl Yedy and eaby ch chimnain connectbion all with othesworkr ontempland atedmbyhathis his 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 be for holidays and overtime in the locality in which this work is to workman, or for inechaniccrneededlatoifexecute, or this tContractlaborer, 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 ofpLabor tStandards ative of tEnforche ementrdand 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 inspection that aie equest by theppublic rshall mbeemaderthrough 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. Contractor shall certified enumerated insubdivision (a) with the entity that . requestedeCords such records within ten (10 ) days after receipt of a written request. Page 8 (d) Any copy of records. made available for inspection as copies and furnished 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.. • • Page 9 . Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070) , Division 3, of the Labor Code, are 'eligible to be employed on public works. The employment and training.. of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any. apprenticeable craft or trade, the Contractor and subcontractor shall a apprenticeship committee administeringthe a ntiy to the joint of the craft or trade in the area f the sitenorcthe ipublicndwork for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of, apprenticeships in the area or industry affected) provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. apprenticeship or committees, subsequent to a ehe joint e sub contractor or subcontractor, shall arrange forrotheg dispatchject with apprentices eContractor or hthissection. There shall besuanonaffirmativeordutyderto upon mthe joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of action in apprenticeship k for to enwomen sure �and minorual ities.mentaContrac orsior subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees providedavided , theye ratio are apprentices to dy covered by the local apprenticeship journeymeno sl be employed in the craft or trade on the public work mmaaybewhtheharatio 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 Divisionpof Contractors for the 1-to-5 ratds io asset fortht a iineate this section.� g the 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 . • 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 Apprenticeship Council. The ejointiapp prescribedons pby the have the discretion 'tograntcertificate,cateapprenticeship committee shallsubject to the approval of the a tor of tewhich shall be contractor from the 1-to-5iratio aset forthppinntthishse, exempting a finds that any one of the following conditions areimetection when it (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in such area exceeds a ratio of 1-to-5, or is (c) Ifathere atiseaats a showinghtha -thirtieth that the apprenof ticeable craft or trade through apprenticeship trainin joarntamen annually or (2) on a local basis . g. either (1) on a statewide basis, (d) If assignment of an apprentice to anywork public works contract would create a performed under a jeopardize his life or the life, safety, tyioh of allow appreemplonticeees of the public at large if the specific ptaskrtn whichthe • 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. Pi contractor to whom the contract • subcontractor under him, who, in performin ps anawarded, or an the .contract, employs journeymen4 Y of the work, unaey apprenticeable craft or tradand who ris notpcontributing rentices ntoana in fund any.rsuchfunds craftaoritrade inand theconduct of the asitentofesthe work to P program which fund or funds other contractors in the area public fbthe Site of the public work are contributing, shall 'contribute to the fund orapprentices ionn ethe public work ach craft or sin de ithe n hisame ch e amounts orjurnemen ouponythe 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 • contractoror subcontractor may add the amount of such contributions in computing his bid for the contract. The Division • of Labor Standards Enforcement is authorized to enforce the payment 227bf-. sUchdontributions to the fund or funds as set forth in Section . ' ' • Page 11 • • ' The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for .all apprenticeable occupations with the prime contractor. All decisions eshimittee under tis section are isubject toethe oprovisions nofcSectionco1081.. (Amendedhby 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, exceptreligious creed, asprocolor, provided in • Section3077,national iofnsuch sex, or 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) for each calendar day of noncompliance. Notheithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall, withhold from contract progress payments then due or to become due such sum. (b) Any ' such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable .notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. _ (c) Any funds withheld by the awarding body pursuant to this Section Shall be deposited in the general fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the state. The 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 State, 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 .. dollats 1$25.00 ) for each calendar day, or portion thereof, for ": SAch laboter, workman, or mechanic paid less than the stipulated ;::,;ptbJBiling rates for any work done under this Contract by him or by • • any 'dubcontractor Under work done under this Contract by him or by • ; dhy Subcontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. • • Page 12 In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or . occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded. or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23. PAYMENT. Payment will be made in accordance with the attached payment schedule. The City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project, during' the preceding calendar month, by the Contractor, but the City will retain ten percent (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 (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 byt eCityhinCtheract Contractovers PlansuanditfacilitiesSpecifications,nothe tesntified ervice laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, • obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, ' or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, the City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part. thereof, or in, Page 14 • on, or about the same during its construction and before • acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the date of acceptance of completion of this Contract by the City, the contractor will forthwith remedy such defects without coat to the City. 27. LIQUIDATED DAMAGES. meshall essence Contract. If theContractor fails to complete, within the time fixed r described and uhereby mcontracted pletion, thtoe wobe done rk iand fperformed, heore mentionedshand all become liable to the City for liquidated damages in the sum of ONE HUNDRED FIFTY DOLLARS AND NO/100 ($150.00) FOR EACH CALENDER DAY for each and every working day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual 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 (Individual) r STATE OF CALIFORNIA COUNTY OF San Mateo r SS. - - - Y, AOn June 14, 1990 before me, the under- signed, a Notary Public in and for said State, personally appeared m Mel Casey re W a: W IL a mpersonally known to me (or proved to me on the basis of satisfactory v ._ in evidence) to be the person(s)_ whose name a.s subscribed to OFFICIAL SEAL ) the within instrument and acknowledged that he has '�ta ti ELLEN M. ELLINGSEN executed the same. ao •NOTARY PUBLIC-CALIFORNIA: WITNESS my hand and official seal. '4g. , SAN MATEO COUNTY (�n' , �j /_ _ i MY I CMM; EXP. APR. 19 99. Signature �IC..Q.I�I i ...;4L .,'C/d/"�--� 1' Ellen M. Ellingsen STC 67 Name(Typed or Printed) (This area for official notarial seal) • • • 1 1 • P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. • • • CITY OF CUPERTINO Approved as to form Mayors aitage,,sa__,- C4-19-K • City Attorney City Clerks01 -C '4 lir Date/City Clerks • CONTRACTOR, Bys • Notary acknowledgment required. If a corporation, corporate seal • and corporate notary acknowledgment required. Project, Nams and Numbers, VICEROY COURT STORM DRAIN PROJECT #90-6013 ' Contractors Names CASEY CONSTRUCTION 632 SYLVAN WAY, REDWOOD CITY, CA 94062 Contract amounts • TWELVE THOUSAND SEVEN HUNDRED DOLLARS AND NO/100 ($12;700.00) Centrart. Account Numbers 120-6013-953 • • • • • Page 16 • • 1990 CAPITAL IMPROVEMENT PAYMENT SCHEDULE QUANTITIES CUT OFF DATE CHECK RELEASE DATE FRIDAY 5: 00 PM FRIDAY JANUARY 12 JANUARY 26 FEBRUARY 9 FEBRUARY 23 MARCH 9 MARCH 23 APRIL 6 APRIL 20 MAY 4 MAY 18 JUNE 1 JUNE 15 JUNE 29 JULY 13 JULY 27 AUGUST 10 AUGUST 24 SEPTEMBER 7 SEPTEMBER 21 OCTOBER 5 OCTOBER 19 NOVEMBER 2 NOVEMBER 16 NOVEMBER 30 DECEMBER 14 DECEMBER 28 a PUBLIC WORKS STATE P.O. BOX 807,SAN FRANCISCO,CA 94101-0807 .JUN 1 8 1990 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JUNE 14 , 1990 POLICY NUMBER: 0717969 — 90 CERTIFICATE EXPIRES: 1—27-91 r CITY OF CUPERTINO BLDG. INSPT. DEPT. 10300 TORRE AVE. CUPERTINO, CA 95014 JOB : VICE/ROY ATTN : KEVIN RIEDEN CUPERTINO L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. /01 Slaket PRESIDENT EMPLOYER' S .LIABILITY LIMIT: $3 , 000 , 000 PER OCCURRENCE. ENDORSEMENT p0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 06/14/90 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED : CITY OF CUPERTINO EMPLOYER r CASEY CONSTRUCTION 632 SYLVAN WAY REDWOOD CITY CA 94062 97� 5�� L SCIF 10262(REV.10-86) OLD 262A JI ID011110 w`;ERTIrwin t OF-•INS Y'g Nut - ' �'t .$ �h IBSUE DATE(MM/DD/YV) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, BORING•REIFENRATH-VREEBURG, INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 845 MARSHALL ST., P.O. BOX 5127 REDWOOD CITY, CA 94063 COMPANIES AFFORDING COVERAGE TEL:(415)369-2921 COMPANY A CODE SUB-CODE LETTER The Aetna Casualty & Surety Co. COMPANY B INSURED LETTER Casey Construction COMPANYPUBLIC WORKS Mel Casey, DBA: LETTER C 632 Sylvan Way COMPANY D JH 8 .1990 Redwood City, CA. 94063 LAR COMPANY E LETTER COVERAGES? +i— '•tz'= r.,;- _ .�. • ,...._ r �;„. r ... -.. .,,. . _o� ��` .wv 34�,a� m15-}:& a 7+S ¢e . .,.+.. •ra �: .. 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 LTA DATE(MM/DD/YY) I DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2 yaD A X'COMMERCIAL GENERAL LIABILITY 005 ACM 20393080 4-1-90 4-1-91 PRODUCTS-COMP/OPS AGGREGATE $ 2,000, CLAIMS MADE X OCCUR - PERSONAL 8 ADVERTISING INJURY $ 000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000, FIRE DAMAGE(My one lire) $ 100, MEDICAL EXPENSE(My one person) $ 5, AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE UABILNY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION ”- AND $ (EACH ACCIDENT) EMPLOYERS'LIABILITY $ (DISEASE—POLICY LIMIT) I$ I (DISEASE—EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONSA.00ATIONSIVEHICLES/RESTRICTIONS/SPECIAL ITEMS RE: Viceroy Court Storm Drain, Cupertino, CA. The Certificate Holder shall be named as the Additional Insured per endorsement form attached. CERTIFICATEHOLDER ,( 0.3M `ir„_;CANCELLATION ' _.':,. ."'Sa' e City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Dept. of Public Works EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 10300 Torre Ave. MAIL 39 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Cupertino, CA. 95014 LEFT, B'.T4 FAILURE TO MAIL SUCH`NOTICE4SHALL IMPOSE NO OBLIGATION OR Attn: Kevin Ri eden - LIABILI OFItNY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. I. AUTHORIZED REPRESENTATIVE I 01, ? ACOFID 25-S.(3/88). _.1�:°'. :,.. ,;, :. -- ��J � 11T©ACORD-CO,RP,ORATION;1988x' POLICY NUMBER: 005 ACM 20393080 COAINERCIALGENERAL LIABILITY " THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Le. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM 8) .This endorsement modifies insyrw ell OnWl4tal yndtr the following: FOMMWRCIALQ IffAL wviy94Vf$tqEPART? •Ram a worn grawitsikma City of Cupertino Dept. of Public Works • t" 10300 Torre Ave. Cupertino, CA. 95014 , Attn: Kevin Rieden . Of no entry appears above,Information f'agylnd to complete this endorsement will be shown In theDeclenifsfls • as applicable to this endorsement.) WHO IS AN INSURED(Section II)Is amended to Include as an insured the person or organization shown In the Schedule,but only with regpect to liability arising out of"your work"for that insured by or for you. • RE; Viceroy Court •S,torm Drain, Cupertino, CA. • ' r .. • I Policy No. : 005 ACM 20393080 , • Effective : 4-1-90 to 4-1-91 r �.',�• Issued to : Casey Construction, Mel Casey, =DBA,:, i Issued by, : The Aetna Casualty &Surety Co. . • • 6-12-90 •_ pd • • • • r • C. CO 2O 1O 11$5 i Copyright.Insurance aervkoes offlob,MO.,1984 •: `• 0 'Tees ZeTOT330 pue pini Am ssau4TM •gT pagnoaxe 4 '13 pabpaTmouxoP pu ';uauzgsu-r sTgg og paITaosgns (>(/ (s)eu[eu eso (s)uoszad atilt eq og aouapTAa AzogoegsTges ;o sTseq egg uo eut og pan � aut og urlotni Atteuoazed — f yr�rJ d paaeadde Atteuosred 'oTtgn3 AaegoN LOU5T`ir } 'auto& uuy uzzagog 'aut azooeq '- axeA egg. ut ' >y' ;o AEP-,o tsT uo rt(..9CteN.9c t,Otet �teMONDM9tetipsnip 'ewes 3o Aqunoo £661 'll aunt 9e4)(3 uoisslwwoD AW 8 2 AIN(lOD VWV1D YINVS Ft ; ry ETuao3TZeo 3o .egS ' VINNOdI1VD-D1-1911d ANVION thita 331OM NNV V103021 g 7VffS 'IVIOIdJO i6TRG79GMG1Q0c,GT!"GYSQQGMGMGMGMGMGY.90c iMON?IJ'd 'I'd2II1`IIJ • STATE OF CALIFORNIA, COUNTY OF Santa Clara as. June 14, 1990 On , before me a Notary Public, within and for the said County and State, personally appeared Rochelle P. Woessner , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within , instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me ?- that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his own name as Attorney in Fact. auuunulmnmmummulllmmm m,,ainlm0 9 = SHANEI RRNAE HUDSON p i S NOTARY PUBLIC-CALIFORNIAC`� cam. a_ � 3 'reel' PRINCIPAL OFFICE IN � NOTARY PUBLIC • ��- SANTA CLARA.COUNTY 3 �\\ My Commission Expires SepL 15,1992= /// UN-A9008(REV.&90)n •inti emlumilmmememminu nnmiin c� I},� NEED ON BOLD FaR�_c 1k -f pRiCE FAITHFUL PERFORMANCE BOND Bond Number: 1216405 CO1`11twrna Premium: $381 . 00 FINN' KNOW ALL MEN BY THESE PRESENTS: THAT WE, _ CASEY CONSTRUCTION as Principal and " . .. . . Amwest Surety Insurance Company as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of *****Twelve Thousand Seven Hundred***************** Dollars ($ 12 , 700 . 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 June 4 , 1990 , with the Obligee to do and perform the following work to-wit: Viceroy Court Storm Drain Project #90-6013 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 14th day of June , 19 90 . (To be signed by Principal and Surety and acknowledgment.) _Casey Construction aft P 'ncipal Mel_ Casey. .. Amwest Surety Insurance Company Surety { By: ��L-P� /detl- —J Attorney-in- .act Rochelle P. Woessner i The above bond is accepted and approved this a. day of 19 Sra. "Zl, _ AMWEST SURETY INSURANCE COMPANY 1 VOID IF NOT USED BY: POWER _ P.O. BOX 4500, WOODLAND HILLS, CA 91365-4500 E 3 0,4 41 (818) 704.1111 JANUARY 1, 1991 BOND NUMBER LIMITED POWER OF ATTORNEY , No Power of Attorney on this form 1216405 (READ CAREFULLY), shall be valid as to bonds, under- takings, recognizances or other l This Power of Attorney has been To be used only in conjunction with the bond. written obligationsin the nature delivered in connection with the specified herein, I thereof executed on or after said above bond number. expiration date , i Casey Construction 12, 700 . 00 NAME OF PRINCIPAL: - - - - _. - PENAL SUM $ City of Cupertino 1 • NAME OF OBLIGEE: -• - - - - '. This Power of Attorney may not be used,i'nconjunction{with'anyother power of attorney.This Power of Attorney is void if altered or erased.This document is,printed on blue paper with black and red'ink.This power of attorney bears a raised seal of AMWEST SURETY INSURANCE COMPANY.Only originals of this Power of Attorney are valid,No representations or warranties regarding this Power of Attorney may made by any person other than an authorized officer of AMWEST SURETY INSURANCE COMPANY,and must be in writing Questions or inquiries regarding this Power of Attorney must be addressed to AMWEST SURETY INSURANCE COMPANY at the address and telephone number set forthat the top of this Power of Attorney;.Attention:Underwriting Department.This.Power.of Attorney shalt be governed by the lawsof the State of California.Any power of attorney used,in connection,with any bond issued) by AMWEST SURETY INSURANCE COMPANY on or.after February 21, 1989 must be on Amwest Form UN-A10W(REV 2/89).All other previouspower of attorney'forms issued by.AMWEST SURETY INSURANCE COMPANY have been revoked and are of;no further force or effect. KNOW ALL MEN BY THESE PRESENTS,that AMWEST SURETY INSURANCE COMPANY, A,CALIFORNIA CORPORATION,.(the "Company"),does,hereby make, coAstitute and appoint. ROCHELLE P WOESSNER'AS EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY . its true and lawful Attorney(s)-in-Fact,withlimited power and authority for and on behalf of the Company as surety,to execute and deliver and affix the seal of the Company thereto if a seal is required,bonds, undertaking% recognizances or other written obligations in the nature thereof, as follows:. Bid.Bonds up to$250,000; - Contract, Court&Subdivision Bonds'up to$250,000' Small Business Administration Guaranteed Bonds up to$250,000; _ -_ _ License 8,Permit Bonds up to$59000; Miscellaneous.Bonds.up to125;000. and to bind�AMWE$T.SURETY INSURANCE COMPANY thereby.This.appointment is made.under and by authority of the following provisions,of the By-Laws of-the Company,-which are now in full-force and,effect: - !Article III, Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed,and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15, 1975. RESOLVED that the president or any vice-president,in conjunction'with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authority as defined or'.limited in the instrument evidencing,the appointment in each case,for and on behalf of the Company to execute and deliver and affix the seal of the.Company to bonds, undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-factor agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i)when signed by the president or any vice-president and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii)when signed by the president or any vice-president or secretary or assistant secretary,and countersigned and sealed(if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any'power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company; and such signature and.seal.when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents'to be signed by its proper officers, and its corporate seal to be hereunto affixed this 7 day of December 19 89 • r ration,: ��+�' 104 � C C cs Gary R.Peterson.President Karen G.Cohen.Secretary 'STATE OF CALIFORNIA, COUNTY OF LOS ANGELES—ss On this- 7 day of December A.D.,19 89 ,personally came before me Gary R. Peterson and Karen G. Cohen tome known to be the individuals,and officers of AMWEST SURETY INSURANCE COMPANY,CALIFORNIA who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say:that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,and that said,corporate,seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority the board of directors of said corporation. - t Sfli, TN J.MMKIEY .. Kew neo-rr.r (SEAL) iLiC.li �. nf6aw dY M / 441 LOB N1ZSaatzYN1Y Mr awn la Moa,a la Notary Public STATE OF CALIFORNIA,'COUNTY OF LOS ANGELES—ss CERTIFICATE I,the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore,that the provisions of the By-Laws of the Company and the Resolutions of the board of,directors set forth in the Power of Attorney, are now in force.. Signed and sealed at San Jose, 'CA. this 14th day of. June 19 90 A t iM.mnm lacy oiam Karen G Conan.Secretary LABOR AND MATERIAL BOND Bond Number: 1216405 KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and CASEY CONSTRUCTION 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 Amwest Surety 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 **Twelve Thousand Seven Hundred********* ($ 12, 700 . 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. GENERAL ACI OWLEDGNIENT cc9cc9cncc9c 9c� c�c� �c9c 9c�c m OFFICIAL SEAL g 2 ROBERTA ANN WOLFS 9 2 I;, G NOTARY PUBLIC-CALIFORNIAState of California 2 SANTA CLARA COUNTY 8 2 My Commission Expires June 11,1993 h County of Santa Clara ,',,1caamzG l.w.,,,,�GysGNG)aG,..G>✓ca. JJ On this ( Pt day of . , in the year /77O, before me, Roberta Ann Wolfe, /undersigned Notary Public, personally appeared /y/ -ems ( -4i A .j_____ personally ]mown to me `-proved to me on the basis of satisfactory evidence to be the persons) ose name(s) r subscribed to this instrument, and acknowledged that executed it. Witness my hand and official seal. 6/5k_ STATE OF CALIFORNIA, COUNTY OF Santa Clara ss. June 14 , 1990 On , before me a Notary Public, within and for the said County and State, personally appeared Rochelle P . Woessner , known f to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me that he subscribed the name ofthe AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his own name as Attorney in Fact. e �i� o srrsowerarrcceneruDomnm oeeteoea into 5 e` ;; SHANEL RANAE HUDSON 0. NOTARY PUBLIC-CALIFORNIA ' -- � ��\\�?i) PRINCIPAL OFFICE IN 9 NOTARY PUBLIC 3 SANTA CLARA COUNTY S My Commission Expires Sept.15,1S92 /// UN.A9008(REV.2/90)fe 0eyepuSgoT+te09EiiallEMIe{SB9W99eMIIII IESIYratYM • e . • 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 l4thday of June , 19 90 Casey Const tion (To be signed by Principal Principal �_ and Surety. Notary acknowledgments required.) Amwest Surety Insurance Company Surety • ttorney n act Rochelle P. Woessner The above bond is accepted and approved this day of • , 19_ { Y 6/17/85