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90-019 Valley Slurry Seal Company, Street Maintenance Slurry Seal, Project 90-105 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 VALLEY SLURRY SEAL COMPANY ,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 STREET MAINTENANCE-SLURRY SEAL PROJECT 90-105 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 an 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 slurry sealing on various city streets as called 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, STREET MAINTENANCE - SLURRY SEAL PROJECT 90-105 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, bor, transportation, and material shall be furnished, and that saidworkshall 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 : ONE HUNDRED NINETY ONE THOUSAND SIX HUNDRED EIGHT DOLLARS AND 33/100 ($191,608.33) 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. 8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS . The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9 . TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties . The compensation payable, if any, for such termination, . amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or •in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10 . TIME FOR COMPLETION. All work under this Contract shall be completed: 35 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 anycauses 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—MARE 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: P. 0. Box 1620 W. SACRAMENTO, CA 95691 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 tie City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Contract. " The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the' contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney' s fee to be fixed by the court in case suit is brought upon the bond. Page 5 . • 18 . INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract, until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this Contract shall also contain an endorsement providing that thirty ( 30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) 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 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 • a c • • Property Damage Liability Insurance in an amount not less than named as•$250,000.00 The City and its officers and employees, shall be which shalldalsonal containuaeds on provisionnythath polithe cies of insurance, thereby to the City, its officers and employees, insurance shall affordedm insurance to the full limits of liability of the policy band that if the primary iagainstta City, or its officers and employees, have other insurance lass covered by 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•agemts 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 persona by reason of, or in the course of the performance of said work, or b infringement or alleged infringement of the y tent rig gh oo any, person or persons, firm or corporation in consequence ofhtthef any use in, on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20 . HOURS OF 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 • • shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five ! dollars ($25.00 ) for• each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any whichdasaid subcontractor laborer, worker, orntmechanic risarequireddar or permitteditog 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 accurate 4record showing the names of and actual hours worked each calendar ay and each calendar week by all laborers, workmen, and mechanics thhnnployed 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 he body awaring thecontract, theu uDivision ofpLabortStandards tEnforcement Band 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 Apptenticeship Standards, or the Division of Labor 'Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. (c) Each Contractor shall file a certified copy enumerated in subdivision (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 inwhat 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. Th) 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 apply to the joint ofprtheiceship craft cormtrade inthe administering ofthesite orthe public the acipnstandards k 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 . • • • Page 10 meanparenticeable craft tde teor traded e, "s as sn aused in this section, shall accordance with rules and regprescribedulations occupation thee Apprenticeship Council . g cpby have the discretion :to The joint apprenticeship whichp committeebe shall to the approval of the AdministratortlofcApp, which shall be subject contractor from the 1-to-5 ratio set forth ppinntthis hsectionmwhengit finds that any one of the following conditions are mets ' (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b ' area )exceeds ha ratio ofthe 1-to-5,r or apprentices in training in such (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 if , jeopardize oyeesofhthe publicois life atlarger thelifethesaspecific fety, orptaskrto whichl lthe 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 local apprenticeship standards-. • A contractor to whom the • subcontractor under him, who, inoperforming ntract man fwtheew, or de the •contract, employs journeymen ory pr the work, unany apprenticeable craft or trade and who is notapcontributing rentices ntoaa fund or funds to administer and conduct the apprenticeship in any such craft or trade in the area of the site of the public work, program site to which fund or funds other contractors in the area of the ' fund orffunds pinleachic wcraftork arore etradebiniwhichhhelemploysbjou to the or apprentices on the public work in the same amount orourne 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 shallpaya 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 Of. sdch dontributions to the fund or funds as set forth in Section 227. Page 11 • • ' The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such • stipulations shall fix the responsibility of compliance with this section for .all apprenticeable occupations with the prime contractor. All decisions of . the joint apprenticeship committee under this section are subject to the provisions of Section 0081 . . (Amended by Stats. 1976 , Ch. 1179) 1777..6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees, as registered apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, • except as provided in Section 3077, of such employee. (Amended by Stat. 1976, Ch. 1179) 1777.7 (a) In the event a contractor willfully fails to comply with the provisions of Section ,1777.5, such contractor 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. NothWithstanding 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 ;Warding 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 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 dollata -(825.00 ) for each calendar day,. or portion thereof, for • ''• sAch laborer; workman, or mechanic paid less than the stipulated r;i:predflilinq Cates for any work done under this Contract by him or by : any 'auboonttactot under work done under this Contract by him or by ::Y"-? any 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 Plane 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 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. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of ONE HUNDRED FIFTY DOLLARS ($150.00) FOR EACH CALENDAR DAY for each and every working day during which said work shall remain uncompleted beyond suchtime 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 14th day of June ,in the year COUNTYOF..SaGrdment0 ss 199.Q ,before me, S, Terri Schmitt a Notary Public,State of California, duly licensed and sworn,personally appeared Jeffrey R, Reed ,, SAL personally known to me(or proved to me on the basis of satisfactory evidence) •� OFFICIAL SEPresident I/; _ B.TERRI SCHRfl1TT to be the person who executed the within instrument as {{4 NOTARY PUSLIC CALIFORNIA or on behalf of the corporation therein named and acknowledged to me that Q `�?.Q SACRAk0ENIO COURTY 1 =- MY COMMISSION EXPIRES MAY 3,1991 such corporation executed the within instrument pursuant to its by-laws or a 6 resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the State of Calif. ,County of This document is only a general lona Mull nay be proper for use in sane* Sacramento on the date set forth above in this certificate Rmoamaa and h m way acts.or b intended N act.as a substtuto bre. L� aria of an attorney.The primer doesnot nmake any warranty caner proms or implied as to the - — —J C-- rTh *gal raklay of any p.rovisionorthe51i1abiay of tlg5B 10i1s"Ony'peSSC aansa`tan' Notary Public, State of California Cowdery's Form No.28—Acknowledgement to Notary Public— Corporation(C. C.Seca. 1190-1190.1)—(Rev. 1/83) My commission expires • • • • • • • 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: `/' A p/�G ray. D/ City At orney City Clerks 6S- • Date/City Clerks 6 ,14.2,4 CONTRACTOR: VALLEY SLUR/IRCOMPANY • By: Notary acknowledgment required. FRE REED If a corporation, corporate seal President and corporate notary acknowledgment required. • Project. Name and Numbers. STREET MAINTENANCE-SLURRY SEAL, PROJECT 90-105 Contractors Name: VALLEY SLURRY SEAL COMPANY Address: P. 0. Box 1620, W. Sacramento, CA 95691 Contract Amounts ONE HUNDRED NINETY ONE THOUSAND SIX HUNDRED EIGHT DOLLARS AND 33/100 • ($191,608.33) • COntratt. Account Numbers• 110-993-714 • 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 STATE OF CALIFORNIA On this 14th day of June ,in the year ss. 199Q ,before me, COUNTY OF..Sacrament.0 g, Terri Schmitt a Notary Public,State of California, -., duly licensed and sworn,personally appeared _ _ _ _ _ - . Jeffrey R. Reed OFFICIAL SEAL personally known to me(or proved to me on the basis of satisfactory evidence) B.TERRI SCHMITT to be the person who executed the within instrument as President -. +� ROTARY HENT (F IA • or on behalf of the corporation therein named and acknowledged to me that SACRAMENTO COUNTY 4 . '.� . MY COMMISSION EXPIRES MAY 3,1991 such corporation executed the within instrument pursuant to its by-laws or a - - - - - - resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the State of Calif. County of nro<barren b ay a general farm wNMmay ee aow Mr use in simple Sacramento on the date set forth above in this certificate transactions Wmaovary os intended be0.uev for the tamed enarta^enthesaamakeanywarrantyether express npeaasw the /'� M 'asa'ea "any"°'®'athe s.°ae+Mm' sefor"'m°'"°aaama"vation. Notary Public, State of California Cowdery's Form No.28—Acknowledgement to Notary Public— Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires P IAIt LF LJLLLFUNn1AJ SS COUNTY OF SACRAIUI1O) r- tn this 13th day of June , in the year 1990, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Peggy D. Nantsch personally known to me and known to me to be the Attorney—In—Fact of RELIANCE INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be that person who executed the said instrument on behalf of said corporation, and duly acknowledged to me that such a corporation executed the same. WITNESS my hand and official seal. .� � 4+ OFFICIAL SEAL '0k PAMELA J.PAIGE Pamela J. Paige,o � (-3 'Ltary blit (?. NOTARY memCALIFORNIA Atc.,a1f7 SACRAMENTO COUNTY MY COMM.EXPIRES NOV.12,1993 J FAITHFUL PERFORMANCE BOND Bond No. B 173 16 62 Premium: $862.00 KNOW ALL MEN BY THESE PRESENTS: THAT WE, VALLEY SLURRY SEAL COMPANY as Principal and RELIANCE INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of One Hundred Ninety-One Thousand Six Hundred Eight and 33/100 -Dollars ($.191,608.33 .. ... ) 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: STREET MAINTENANCE-SLURRY SEAL PROJECT 90-105 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 13th day of June , 19 90 • (To be signed by Principal and Surety and acknowledgment.) Li Y SEAL CO P • Y VALLEY PREY REED President Pri • pal R LIANCE I SURANCE COMPANY P.O. Box 15901 - Sacramento, CA 95852 Sur -y By: Atto f Fact Peggy U. nisch The above bond is accepted and approved thiso,Sr day of ,, 19 RELIANCE INSURANCE COMPANY r • y , HEAD OFFICE.PHILADELPpIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania,does hereby make,constitute and appoint PEGGY D. MANTSCH of RANCHO CORDOVA, CALIFORNIA •its true and lawful Attorney-In-Fact to make,execute,seal and deliver for and on lb behalf,and as Its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent aa if such bonds and undertakings and other writings obligatory In the nature thereof were signed by an Executive Officer of the.RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all Mat its said Attomey(o)-in-Fact may do in pursuance hereof. This Power of Attorney la granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7,1978,which provisions are now in full force and effect reading as follows: ARTICLE VII—.EXECUTION OF BONDS AND UNDERTAKINGS 1, The Board of Directors,the President the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and Other writings obligatory In the nature thereof,and(b) to remove any such Attorney-In-Fact at any time and revoke the power end authority given to him: 2. Attorn •eys-In-Fact shall have power and authority,subject totheterms and:Imitations of the power of attorney Issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of Indemnity and other writings obligatory In due nature thereof. The corporate seal Is not necessary for the validity of any bonds and undertaking%recognizance%,contracts of indemnity end other writings obligatory In the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds.recognizances,contracts of Indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney Is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the,5th day of June,1979;at which a quorum was present and said Resolution has not been amended or repealed: ' "Resolved,that the signatures of such direction and officers and the Seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid'and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company In the future with respect to any bond REOF,gor undertakingdto which V is attached." IN heretoaffixeda Rxed i Uth dsy a INSURANCE_COMPANY has 9used mese presents to be signed by its Vice President any Ib corporate seal may U RELIANCE INSURANCE COMPANY L01/ Vke President STATEOF Washington 1 COUNTY OF King ea On this 10th. days re May .199 0, Lawrence W. Carlstrom • to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, and . •nowledged that he executed and attested the foregoing Instrument and affixed the seal of said corporation thereto,and that Article VII. Resolu- tion.let forth therein,are still in full force. a w sus of said Company and theReaolu- MY Commfasion Expires j ! • I. ...tea ...ii—fit�. ' ...ii—fit ._I a is 0. February 2309 93 3 ; w • •o NofaryPublic lnand WrSta4r . l dShing�n I. • Robert D. Ritzhaupt• Residing at Tacoma . Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above Aforegoing is a true end correct copy of a Power of Attorney executed by said RELIANCE INSURANCE.COMPANY,which is still In full force and IN WITNESS WHEREOF.I have hereunto set my hand and affixed the seal of said Company this 13th day of June 19 90 . aba•ttli Ea OM 7 Assistant Secretaryjabee7 /IX. • .lon s �„ ,..� Robert D. Rit aupt LABOR AND MATERIAL BOND Bond No. B 173 16 62 Premium: Included in Performance Bond KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and VALLEY SLURRY SEAL COMPANY hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and RELIANCE INSURANCE COMPANY as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and . all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams., implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of One Hundred Ninety-One Thousand Six Hundred Eight and 33/100 ($191,608.33 ) . 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 14th day of June ,in the year ss. 1990 ,before me, COUNTY OF..Sacramento B. Terri Schmitt a Notary Public,State of California, • duly licensed and sworn,personally appeared Jeffrey R. Reed personally known to me(or proved to me on the basis of satisfactory evidence) OFFICIAL SEAL to be the person who executed the within instrument as President ( •^ + B.TERRI SCHMITT or on behalf of the corporation therein named and acknowledged to me that `L ROTARY PUBLIC CALIFORNIA ( sfrip) SAtigglENTO COUNTY such corporation executed the within instrument pursuant to its by-laws or a MY COMMISSION EXPIRES MAY 3,1991 resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the State of Calif. ,County of This documentsonly ageneral!arm*Nth may beproper far use insimple ....Sa.cramento on th• date set forth above in this certificate transactions and in no way acts,orb Intended to act,as a substitute fa the - --i- arnica advice elan attorney.The Oilier does not make any warranty either express or implied as to the le gal Vacuity of any provision or the suitability of Mesa farms a any waahc transaction. Notary Public, State of California Cowdery's Form No.28—Acknowledgement to Notary Public— Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires antic tor unimunnan/ » COUNTY OF SACRAMENTO) ti On this 13th day of June , in the year 1990, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Peggy D. Mantsch personally known to me and known to me to be the Attorney—In—Fact of RELIANCE INSURANCE CONPANT the corporation described in and that executed the within and foregoing instrument, and known to me to be that person who executed the said instrument on behalf of said corporation, and duly acknowledged to me that such a corporation executed same. WITNESS my hand and official seal. batt OFFICIAL SEAL e c , ' ` PAMELA J.PAIGE Pamela J. Paigeotary ublic BM NOTARY PUBLIC CALIFORNIA t\ Wy SACRAMENTO COUNTY ^w MY COMM.EXPIRES NOV.12,1993 • • 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 13th day of June , 19 90 . 17 AN 1C VAL . ' '�I�ry•RY SEAL C. . PIItY KEEQ B : -;i_ _" :5- President Pri (To be signed by Principal al and Surety. Notary acknowledgments required.) RELIANCE INSURANCE COMPANY Surety By: �It 7 .� Att' 'y j Fact Pei •, :ntsch , e The above bond is accepted and approved this day of • , 19_ 6/17/85 RELIANCE INSURANCE COMPANY HEAD OFFICE PHILADkLPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the REUANCE INSURANCE COMPANY,a corporation duly organized under the laws of the State of Pennsylvania.does hereby make,constitute and appoint PEGGY D. MANTSCH of RANCHO CORDOVA, CALIFORNIA its true and lawful Attomey-in-Fecl to make,execute,seal and deliver for and on its behalf,and as Its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attomey(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article Vil of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7,1978,which provisions are now in full force and effect reading as follows: ARTICLE VII—EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognisances,contracts of indemnity and other writings obligatory in the nature thereof,and(b) - to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2Attorneys-In-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate Seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. • 3. Attorneys-in-Fact shall havepower and authority to execute affidavits required to be attached to bonds,recognisances,contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney Is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at meeting held on the 5th day of June.1979;at'which a quorum was present,and said Resolution has not been amended or repealed: - - _ _ . "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed'to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon Me Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WHEREOF.EO *M.REUANC;INSURANCE COMPANY has causer*causer*Chese presents to be signed by its Vice President,and its corporate seal Ibe hereto affixed, 1 U May 19 y U RELIANCE INSURANCE COMPANYaroma Vice President STATE 09 Washington 1 COUNTY OF King f SS • On this. r 10th day of May ,1990,personally appeared Lawrence W. Caristrom to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, and : .nowledged that he executed and attested the foregoing Instrument and affixed the seal of said corporation thereto,and that Article Vii,Secs• • 3 of the By-Laws of said Company and the Resolu- tion,set forth therein,are still in full force. • My Commission Expires: �v." 0'. ii. .' February 23,19 93 .30' Notary Publicin,antlforStateo� ashing rn • Residing at Tacoma ,'• Robert D. Ritzhaupt • • Assistant Secretary of the RELIANCE INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed-by said RELIANCE INSURANCE COMPANY, which is still in"full force and effect. IN WITNESS WHEREOF.I have hereunto set my hand and affixed the seal of said Company this -13th day of ...-ILJune 1s 90 . ,�Fteng 1�j Assistant Secretary STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor DEPARTMENT OF INDUSTRIA.. .:ELATIONS SELF-INSURANCE PLANS 2848 ARDEN WAY, SUITE 105 rit SACRAMENTO, CA 95825 (916) 924-4866 ADDRESS REPLY TO. 2848 ARDEN WAY, SUITE 105 SACRAMENTO, CA 95825 CERTIFICATE OF SELF-INSURANCE OF WORKERS ' COMPENSATION TO WHOM IT MAY CONCERN: This certifies that Certificate of Consent to Self-Insure No. 2106-C was issued by the Director of Industrial Relations to: VALLEY SLURRY SEAL COMPANY under the provisions of Section 3700 , Labor Code of California, on August 1, 1988 . The Certificate is now and has been in full force and effect since that date . Dated at Sacramento, California This 12th day of September, 1988 4MASHCR�FETr Manager er $C �. Self-Insurance Plans MBA:fa cc :BASIC RESOURCES Attn: Ms . Carol Vierra Insurance Administrator 928 12th Street P. 0. Box 3191 Modesto, CA 95353 (Original ) cc: City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 Slurry Seal Project 90-105, VSS #90-030 ', A I:IMItCERTIFICATE OF INSURANCE I ISSUE DATE(MM/DWYY) IIS 6-14-90 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, James A. Hallisey Company EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 480 Second Street COMPANIES AFFORDING COVERAGE San Francisco , CA 94107 _ COMPANY cod1FOTE: IF YOU HAla,c,AAY QUESTIONS , LETTER A Industrial Indemnity CALL US AT: (415) 882-7733 COMPANY a INSURED PUBLIC WORKS COMPANY ,-. Valley Slurry Seal Company LETTER C (JUN ,1 81990 P . 0. Box 1620 COMPANY West Sacramento, CA 95691 LETTER D COMPANY E LETTER COVERAGES . ,,; a,, 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 LTRi DATE(MM/DD/YY) DATE(MM/DDNY) GENERAL LIABILITY GENERAL AGGREGATE $ 2 , 000 A X' COMMERCIAL GENERAL LIABILITY NH 9024751 3-31-90 3-31-91 PRODUCTS-COMP/OPS AGGREGATE $ 2 , 000 CLAIMS MADE x 1 OCCUR. PERSONAL&ADVERTISING INJURY $ 1 , 000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1 , 000 FIRE DAMAGE(Any one fire) $ 50 MEDICAL EXPENSE(Any one person) $ 1 AUTOMOBILE LIABILITY COMBINED A x ANY AUTO 3-31-90 3-31-91 LIMTLE $ 1 , 200 ® ALL OWNED AUTOS SCHEDULED AUTOS NB 9024752 BODILY INJURY $ (Per person) . ® HIRED AUTOS BODILY $ INJURY NON OWNED AUTOS (Per accident( 111 GARAGE LIABILITY PROPERTY i DAMAGE $ EXCESS LIABILITY < OCCU.EACRRENCE AGGREGATE 1 $ $ - OTHER THANUMBRELLA FORM WORKER S COMPENSATION STATUTORY { ' CN 902-5079 3-10-90 3-10-91 $ 100 (EACH ACCIDENT) AND EMPLOYERS'LIABILITY (Oregon Only) $ 500 (DISEASE—POLICY LIMIT). CALIF, W/C-SELF JIN SURED $ 100 (DISEASE—EACH EMPLOYEE OTHER I I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS RE: STREET MAINTENANCE SLURRY SEAL PROJECT 90-105 ADDITIONAL INSURED/PRIMARY ENDORSEMENT #CG7601 ATTACHED . CERTIFICATE HOLDER -- CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EWE-MUM-1U( CITY OF CUPERTINO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 10300 TORRE AVENUE LEFT, gatrXFA IY4Xr5TAU IMfanzt#164cgragixiMProlggc15cX1fiL7GA#c ffac CUPERTINO, CA 95014-3255 L ggpc Mc x0fogislcg iTyX4§l Tgbg Pfgf,Plgt4RErAlculg, ATTN: CARMEN LYNAUGH AUTHORIZED REPRESENTATIVE cQPgafrO ACORD 25.5;(3/88) ':: ©ACORD CORPORATION 1988 1 .r. OPIndustrial Indemity a Crus and Forster organization THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is agreed that any person or organization described below is an additional insured, but only with respect to liability arising out of operations performed for the additional insured by or on behalf of the named insured. The insurance afforded to such additional insured is primary and shall not contribute in any way with any other insurance which such additional insured may have. All other indorsements, provisions, conditions, and exclusions of this insurance shall remain unchanged and apply to the additional insured described below. ADDITIONAL INSURED TYPE OF OPERATION PROJECT LOCATION CITY OF CUPERTINO ITS OFFICERS, CONTRACT #90-105 SLURRY SEAL AND EMPLOYEES CUPERTINO CG 76 01 06 87