91-033 Blackberry Farm Water Line 91-033 BLACKBERRY FARM WATER LINE
Contractor will be permit- any or all bids,and further
led,at its request and sole reserves the right to delete
expense, to substitute se- any item or items from the
curities for any moneys proposal or to increase or
withheld by the City to en- decrease the quantity of
sure performance under the any item thereof.
contract.Said socurities will Date:October 1,1991
deposited either with the City of Cupertino
City or with a state or Ceder- By/s/Dorothy Cornelius
ally chartered bank as es- City Clerk
crow agent.Securities etigi- Pub 10-2,16-91 512-C
ble for this substitution are .ontractor shalt furnish
those listed in Section NOMETO to Gity a faithful portof
16430 of the California CONTRACTORS rr-irc-e bond and a labor
Government Code or bank City of^.upertino and material Lend as re-
or Swings and loan certifi- 10300 Torre Avenue quired in the specifications.
cates of deposit,interest Cupertino,California It shall be mandatory
bearing demand deposit 95014 upon the Cortractor to
accounts,standby letters of BLACKBERRY FARM whom the contract is
credit,or any other security WATER LINE awarded,and upon all sub-
mutually agreed to by the PROJECT 82-106 contractors under him, to
Contractor and the City. The Ctty of Cupertino, pay not lass than said gen-
The Contractor shall be the Santa Clara County, eral prevailing rates of per
beneficial owner of any se- California,invites sealed diem wages to all laborers,
curities substituted for mon- proposals for the consuve- workmen,and mechanics
eys withheld and shall re- ton of fhb work as delin- employed in the execution
ceive any interest thereon. eated on the Plans or in the of the contract.
All proposals or bids Specifications, entitled All bids shall be com-
shall be accompanied by a BLACKSERPY FARM WA- pared using the estimate of
cashier's or certified check TER UNE PROJECT 92- quantities prepared by the
payable to the order of the 10&Said Sealed proposals Engineer of Work and the
City of Cupertino, amount- will be received at the Of- unit prices submitted. No
ing to ten (10) per� ,t of fice of the City Clerk, City incomplete n)r interlineated
the bid, or by a bond in Hall, 10300 Torre Avenue, proposal or bid will be ac-
said amount and payable to City of Cupertino, Califor- cepted, Bidders are re-
nia, unfit 2:00 P.M. Tues- quired to bid on all items of
said City,signed by the bid
der and a corporate surety, day, October 22, 1991. at the proposal,
or by the bidder and two which time they will be pub No bid will be accepted
sureties who shall justify fitly opened and the com- from a Contractor who has
before any officer comee- parative totals read, not been licensed in accor-
tent to administer an oath, All bids received will be dance with the provisions of
in double said amount and reported to the City Council Chapter 9 of Division 3 of
over and above all statutory of Cupertino within thirty the Business and Profes-
exemPPttons. Said check (30) days of receipt, at lions Code of the State of
shall be forfeited or said which time the Council will California.
bond shall become payable review and act upon the The contract shall not
to tie City in case the bid- bids submitted.Award,if be awarded to any bidder
der depositing the same any, will be to the lowest who does not possess the
does not, within ten (10) responsible bidder, proper classification of fi-
days after written notice Payment will be made tense.
that the conbact has been in cash by said City upon Special attention of bid-
awaided to hm7, enter into submission by the centrac- ders is directed to Section
a contract wan the ON for and approval by the En- 7 for full directions as to
gineer of a progress billing bidding.
which reflects the value of Plans, Specification and
the work completed.The Contract Documents may
progress payments made be reviewed and copies of
as work progresses will be same may be obtained at
pa rrtertts on atxoitnt ar+d the office of the City Engi-
wift not be considered as near, City Nall, Cu{�ino,
an acceptance of any part' California,u��ppon deposit
of the materials or work- th9dote of $5.00 per set,
manship required by the none of which deposit will
contract. Pursuant to Sec- be refunded.
bon 4590 of the Gaff mia The City of Cupertino
Government Cade, the reserves the right to reject
f5 3
This apace is fcr the CDunty Clerk's
PROOF OF PUBLICATION FiIdtgStamp
12015.5 C.C.P.)
STATE OF CAi.IFOnNIA.
County of Santo Clare
I am a citizen of the United States end a resi-
dent of the County aforesaid; I am over the
age of ei®hteen years, and not a party to or in-
terested in the above-entitled matter. I aryl the
principal clerk of the printer of the PROOF OF PUBLICATION OF
CUPERTINO COURIER �/=1 - e
10930 N. Disney Ave.. Cupertino, California, a news. �
Soper of Reneral circulation, printed every W@dnes•
s •In the elf of Cupe rtlno.CalUornia County of San-
ta Clara and published in the elty of Cupertino. Call
fornia, &unty of Santa Clara: and which newspaper ` ,
has been sd'udged a newspaper of general circulation
��
by the Superior Court of the County of Santa Clara.
State of Calllorais. Case Number IOK17: that the 7
notice of which the annexed is a printed copy (set In
type not smaller than non parell). has been published � . `
In each regular and entire issue of sold newspaper and a%Z.i;4, q1,
not In arty supplement thereof on the foUouing dates.
to wit:
SW in the year 19____1 L__
a certify (or declare) under pOnalty of
pert ury that the foregoing is true and
correct.
brAted at Cupertino, California, this
C1 •.
at11P'e
• 5�J t:
�- w -
• ••ram__ - c• • �� •
Wl
of ZA
6*1
It
cj
Wit•-
f.
It is understood and agreed t iat 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 Specificaticffs under the sole direction of the Ox* ctc-, but eject
to the in is n and approval of the City, or its represctntative. The
City hereby designates as its representative for the purpose of this
Contract: Mr. art J. Viskovicti, Director of Public Narks.
3. OMMAM 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 $34,486.OQ Mdrty fir mod, fcpw )
subject to additions and deductions as provided in the contract Documents,
per Ekhibit "A" attars hereto.
4. DISP[ M PERERINIM TO PAYMERr FUR WM. 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, er 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 ce 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, CC14PLTANCE WITH LAW. The Contractor shall, at his expense,
obtain all necessary permits and licenses, eases, etc., for uie
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. INSPDC'ITCN 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 wank to be specially tested
cr 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
witImut such notice, approval, or consent, it must, if required by the
City, be uncovered for a mination at the Contractor's expense.
7. EXM CR ADDITIONAL WCdZit AND CHANGES. Should the City at any time
during the progress of the work require any alterations, deviations,
additions or emissions from the Specifications cz 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,act, but the cost or value thereof will be
added to, or deducted from, the mount 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
acoardanoe 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 exciept by a
written order from the City, duly authorized by resolution of its
body, and by all agencies whose approval is required by law,
stating that the extra work or change is authorized, and no claims for an
addition to the contract sine shall be valid unless so ordered.
2
CAGES io MFEI' Fo=wamm. The City shall have the
right to make charges in this contract during the course of construction
to bring the completed improvements .into compliance with envircmmrntal
requirements or standards established by State and Federal statute., and
regulations after the Contract has been awarded or entered into. The
ContL shall be paid for by such changes either by refer to the
unit prioffi, if applicable, or in accordance with the agreement of the
parties, or in acoordanoe with the rules of the American Arbitration
ArAm=iation if the parties are unable to agree.
9. MNATION, ANDS or MODIFICATIMS. This contract may be
terminated, amenkied or modified, with the mutual cm-sent of the parties.
The cmqwnsation payable, if any, for such termination, a amament or
modifications, shall be determined either by refermos to the unit price,
if applicable, or in accordance with the agreement of the parties, or i-n
aceordannee with the rules of the American Arbitration Association if the
parties are unable to agree.
10. THE FOR COMPLETION. All w=*, undEw this OOntract sbali be
an or be6xe Nw4adber 8, 1951.
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 d anges ordered in the work, or by strikes, lockouts by others, fire,
ummual delay in motion, 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 c upleticn shall be extended accordingly.
This apn does not exclude the recovery of damages for delay by
either party under other provisions in the Contract Documents.
11. INSPF)L'IZGN AND TEMM OF MUERMS. 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. TMMUMCN Flit MV%cH, Err. 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 'pipiArt-ed 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 sack intention to terminate the Contract, and
unless within ten days after serving of such notice, such violation shall
cease and satisfactory array rats for corrections thereof be made, the
Contract shall, upon the expiration of said ten days, cease and
terminate. In the event of arty 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, hm ever, 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 awe performance thereof within thirty days from the date of
3
the serving of such mice, the City may take over the work and prate
the same to completion by contract, or by any other method it may deem
advisable, for the account and at the - of the Contractor, and the
Contractor and his suety shall be liable to the City for any ems cost
oocasioned 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, sum materials, appliance, 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 WITHROI1) CERTAIN AMUNTS AND MAKE APPI.ICATIM
'TlffMEDF. In addition to the amount which the City may retain under
Paragraph 21 of this Coact until the final oomplet9cn and acceptance of
all work covered by the Contract, the City may wit3.mhold 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 furn.Jbhed in and about the
work. The City may apply such withheld amount or anLunts 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 Contractors 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 per'rormance 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.
14. NCTICE AND SERVICE THERBDF. 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: 2718 PACHEM Sr., ShN FRANC 9M, CA 94n6,
postage prepaid and certified; and (c) if the notice is given to the
surety or ary other person, either by personal delivery to such surety or
other person, or by depositing the soma in the United stages mails,
enclosed in a sealed envelope, addressed to such surety or person, as the
case may be, at the address of such surety or persons last cc municated by
him to the party giving the notice, postage prepaid and certified.
15. ASSIGNMERT OF OWIRkCT. 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.
4
16. CM44.IANCE WITH SPB=CAMONS OF MATERIALS. Waver in the
Specifications, any material or pros 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 are :nmcfied percent (100%) of the contract price
as security for the faithful perform of this Contract. The
Contractor shall also furnish a separate surety bond in an amount at least
equal to one hunched percent (100%) of the contract price as security for
the payment of all persons for furnishing materials, provisions,
per, 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 payme-nt of a reasonable
attorney's fee to be fixed by the court in case suit is brit upon the
bond.
18. INSURANCE. The Contractor shall not pence work under this
Contract until he has obtained all insurance required by the City, nor
shall the Contractor allow any subcontractor to work on his
subtract 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) clays' notice must
be given in writing to the City of any pending change in the limits of
liability or of any cancellation u* modification of the policy.
(a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S IIABILI'I'Y
INSURANCE. The Contractor shall take out and maintain during the life
of this Contract Worker's Compensation Insurance and Thployer's
Liability Insurance for all of his employees employee at the site of
the project and, in case arr.r work is sublet, the contractor shall
require the subcontractor similarly to provide Worker's Cation
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
oerrificatior;, required by Section 1861 of the Labor code:
am aware of the provisions of Section 3700 of the Labor Code which
require every e+ployer to be insured against liability for worker's
vocpensation or to undertake self insurance in accordance with the
provisions of the Ccde, and I will comply with such provisions before
commencing the perfon-ante of the work of this contract".
5
(b) LLABILM INSURMCE. The Contractor shall t&e out and maintain
during the life of this Cbnntract sucdn Bodily Injury 14ability and
Property Dam Li.abilitl Irmuanee as shall ponotect him and any
subcontractor performing work covered by this Contraict from claims for
property damage, including third-ply pr%mrty damage, to include
coverage on property in the care, custody annd control of the
Contractuar, and also excluding what arrE comply kn3w n as the 01X, C,
and U" exclusions (having to do with blasting, collapse, and
underground property damage), which may arise frtmn Contractor's
operations under this Contract, wd�er such operations be by himself
or by any subcantractrsr or by anyone directly or indirectly '-,Vloyed
by either of them and the amounts of such insurance shall be ads
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 Property
Damaye 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 by such policy,
such other insurance shall be excess insurance only.
19. FOLD HW4L SS. The Contracts will save, keep, and hold harmless
the City and all officers, employees, and agents thereof from all damages,
costs, or expenses, in law or in equity, that may at any time arise or be
set up because of personal injury or damage to property sustained by any
parson or persons by reason of, or in the course of the performance of
said work, or by reason of any infringement or alleged infringement of the
patent rights of any person or persons, firm or corporation in consequence
of the 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 ocu se of his operations under this Contract
such warnings, signs, and L-mriers 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 Gam. Eight hours of labor during any one calenc-x day and
forty hours of labour during any one calendar week shall c anstitu b,3! the
maximum houm 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 c,r by any Axxmtractor or subcontractors under this
Contract, upon the work or upon array part of the work oontemplated by this
Contract, shall be required or penutt+ed to work thereon mare than eight
hours during any one calendar day and forty hours during any one calendar
week, except, as provided by Section 1815 of the Lobar Cade of the State
of California, work performed by employees of Contractors in excess of
eight hours per day and forty hours during any one week shall be permitted
upon public work upon co pensation for all hours worked in excess of eight
6
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 Ta Code of the State of
California, all the provisions whereof are deed 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
Toyed in the motion of this contract by Contractor, or by any
st il—M ractor under this Cm tract, for each calendar day during which said
later, 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.
The Contractor, and each subcontractor, shall keep an accurate record
shoring the names of and actual hours worked each calendar day and each
calendar week by all laborers, workmen, and mechanics employed by him in
correction with the work contemplated by this Contract, which record shall
be oar. at all reasonable hours loft the inspection of the City of its
officers or agents and to the Division of Labor law Enforcerant of the
Dot of Industrial F—slations of the State of California.
21. V GE RATES. Pursuant to the labor Code of the State of California,
or local law thereto applicable, the City has a3certai.ned the general
prevailing rate of per diem wages and rates for holidays and overtima 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 m9mritractor under
him may base any claim against the City.
1776. (a) Each Contractor and subcontractcr 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 Toyed by him or her connection with the public work.
(b) The payroll records enumerated under subdivision (a) shall be
certified and -hall 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 upon request
to a represeahtative of the body awarding the contract, the Division of
Labor standards Enforcement and the Division of Apprenticeship
Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision
(a) shall be made available upon rest to the public for inspection
or copies thereof made, provided, fix, that a request by the
public shall be made thrmo either the body awarding the contract,
the Division of Apprenticeship Standards, or the Division of Labor
7
Standards Enforcement. The public shall riot be given access to such
records at the principal office of the Contractor.
(c) Each Contractor shall file a certified copy of the records
enumerated in subdivision (a) with the entity that requested such records
within ten (10) days after receipt of a written request.
(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 narked or obliterated in such a manner as
to prevent disclosure of an individual's name, address and social security
mmber. 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 ernnaerated 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 cr 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
Proms payments then due.
(g) The body arming 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 to reproducing copies of recur& 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 sum 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.
8
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 Oode, 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 subdivisicm, or any under him, in performing any
of the work under the contract or suboontract, employs workmen in any
apQrenticeable craft or trade, the Contractor and subcontractor shall
apply to the joint apprenticeship committee administering the
apprenticeship standards of the craft or trade in the area of the site or
the public work for certificate approving the Contractor or suboontractor
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 ca mittees, 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 suboontractc+rs
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 eovezed 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 i.. 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 anmial average of not less than one apprentice to each five jour,mymen,
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 Z,-.wer than five (5) working days.
"Apprentiosable daft or trade," as used in this suction, shall mean a
craft or trade determined as an apprentieeable occupation in acoo dance
with rules and regulations prescribed by the Apprenticeship Council. The
joint apprenticeship ockmittee shall have the discretion to grant a
9
certificate, which shall be subject to the approval of the Adninistrator
of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth
in this section when it finds tnat any one of the following conditions are
met:
(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 mm er of apprentices in training in such area
exceeds a ratio of 1-to-5, or
(c) If there is a showing that the apprenticeable craft or trade is
replacing at least one-thirtieth of its journeymen annually through
apprenticeship training, either (1) on a statewide basis, or (2) on a
local basis.
(d) If assignment of an apprentice to any work performed under a public
works contract would crate a edition which would jeopardize his life or
the life, safety, or property of fellow employees of the public at large
if the specific task to which the apprentice is to be assigned is of such
a nature that training cannot be provided by a jmwneyman.
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 contractcrs 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.
A Contractor to whom the contract is awarded, or any under
him, who, in performing any of the work, under the contract, employs
journeymen or apprentices in any apprenticeable craft or trade and who is
not contributing to a fund or funds to administer and conduct the
apprenticeship program in any such craft or trade in the area of the site
of the public work, to which fund or funds other Contractors in the area
of the site of the public work are contributirr;, shall contribute to the
fund or funds in each craft or trade in which he eMloys journeymen or
apprentices on the public work in the same amount or upon the same basis
and in the same mam-Pr as the other Contractors do, but where the trust
fund administrators are unable to accept such ft , Contra-tors not
signatory to the trust agreement shall pay a like am,::�,Yt to the California
Apprenticeship Council. The Contractor or subcontractor may add the
amount of such contributions in cagxxting his bid ::cr the cunt act. The
Division of Labor standards Enforcement is aittharixed to enforce the
payment of such contributions to the fund or f xvis as set forth in Section
227.
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 prune Cm.,:ractor.
All decisions of the joint apprenticeship committee under this section
are subject to the provisions of Section 3081. (Amended by Stats. 1976,
Ch. 1179)
10
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 around of the rare, religious creed, color, national
origin, ancestry, sm, 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 noncoepliance 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. Notwithstanding the
provisions of section 1727, upon receipt of such a determination the
awarding body shall withhold from contract progress payments then due
or to beccme due such sum.
(b) Any such determination shall be issucd 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 Coil.
(c) Ariy 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 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 ($25.00) for each calendar day, or portion
thereof, for each laborer, workman, or mechanic paid less than the
stipulated prevailing rates for any work done under this Contract by him
or by any subcontractor under work done under this Contract by him or by
any subcontractor under him; and Cm tractor agrees to ca ply with all
provisions of Section 1775 of the Labor Code.
In case it beomnes nary for the Contractor or any subcontractor to
eunplcy 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) ftv 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
bared thereon. Zhe MVd= o 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.
11
22. A0=E TT PREVENTION. Precaution shall be exercised at all times for
the priotection 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 Cmwtructicn
Safety Orders issued by the Industrial Accident Covai.ssion of the State of
California.
23. PAMM. 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 :he 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 cowered by this Contract, .if such native be
recorded within ten days after the acceptance of ampletion 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 aeoepitanon of completion of such work of
inwrovement 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 thereof, the writing aforesaid, within ten (lo) days
after the times aforesaid, and after written demand has been made upon him
for the same, the Contractor may file demand with the CI ty, 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 cooplianee 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 net be construed as an
absolute aoo.ptanoe 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. P DTPIC CN 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 cute the Contractor for costs in:arrred in
12
relocating or repairing damage to utility facilities not indicated in ti:e
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 boxer, on,
or adjacent to, the coition 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 diseowars utility facilities not
identified by the City in the Contract plans and Specifications, the
service laterals as hereinebove described, he shall .immediately notify the
City in writing.
25. CO1+TI'RwiawS RESPANSIBIL:I*PY FuR THE wow. The Contractor shall not
be responsible for the cost of repairing or restoring damage to the work
caused by an Act of God. NOMUMELESS, the Contractor shall, if the
insurance premiums 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: ea akes and tidal waves, when such 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, on, or about the same during its
construction and before acceptance.
26. CDNT erCR'S GUARANTEE. The Contractor unqualifiedly guarantees the
first--class quality of all workmanship and of all materials, apparatus,
anti 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 cost to the City.
27. LIQUIDATED DAMAGES. Time shall be of the essence of this
Contract. If the Contractor fails to complete, within the time fixed for
such completion, the work hereinbefore mentioned and described and hereby
contracted to be done and performed, he shall become liable to the City
for liquidated damages in the sun of CHE ffi+ERED PsinY DDILAW ($150.00)
for each and every calendar day during which said work shall remain
uncompleted beyond such time for completion or unlawful w&Ansion thereof,
which sum shall be presumed to be the amount of damage thereby sustained
by the City since it would be impracticable or extremely difficult to fix
be dead by the City from moneise due the Contractor hereunder, or his
assigns and successors at the time of completion, and his sureties shall
be liable to the City any excess.
28. ADDITICNAL PRUVISICNS.
None
13
STATE OF CALIFORNIA On this.... .......day of J9.IC:f ......in the year... ......
88. 1........I....... .................................................before me,
COUNTY OF ..............a Notary Public,State of California,
duly commissioned and sworn,personally appeared...................................
.................................
personally known to me for proved to me on the basis of satisfactory evidence) to be
OFFT,',r7,L 0.1
the person....whose name.........4,:$....... ............. ......................
1— -4
subscribed to this instrument,and acknowledged that. ..
e . . .executed it.
IN WITNESS WHEREOF I have hereunjp set my hand and affixed my official sea)
e......... 0�
1135 in the ......
L f J� ........I......County of
......... 1 Y1 C J ......... ...... ...on the date set forth above
in this certificate.
k , rVI -,'c,<p c4.,-
p"*Xw7teffl a ory g WWW tWm wtWh my be pv�kn use m wiWe fr�and m m
"y WM w m~10W to WL W*wbaMM IM 00 sdvt on W Worn"In*orwdw dose rvi Notary Public,State of California
mMM any*an Iy,~axpeae a wMMd a3 to the boo veftft at wy Gave on&the
-abow 01*nae IM"-any SPM-ft ftenwohm 0
4y commission expires Q 0
Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev. 1/83)
P. O. No.
IN WITNESS WHEREOF, the parties Have executed this contract, in
duplicate, the day and year first heseinabove written.
CITY OF CUPERTINO
Approved as to form:
C' A pirectcmr lic Works:
Date:
cORMC•MR:
Waod'a Constructcn Co.
271"a&"Str w
88n Fmnft#,CA 84/14
Notary aciatowle&"w* requited.
If a corporation, corporate seal
and corporate notary
o acJlt required.
Project Name and Number: BLMMW FAIR WMM LM FIMMIXT 92-106
contractor's Name: NOMs CCUSTFLYCEM CCEPAW
OmY rac.'tor's Address: 2728 PAMM 3r, SAN , ch 94116
contract butt: TUMMM FCM TODUSMPDTE914MM REGMY REGUr
MUM AM 00/100 ($34,488.00)
Account Nlm bw: 610-W04- 13
File Number: 96,426
14
PROPOSAL
BLACKBERRY FARM WATER LINE
PROJECT 92-106
t
TO: The Director of Public Works, City of Cupertino, State of California
i
Dear Sir:
In compliance with the Plans and Specifications for the work of the
Blackberry Farm Water Line project in the City of Cupertino, Project
92-106 I, the undersigned, hereby declare that I have read the proposal
requirements, visited the sites, and examined the specifications. I, the
undersigned, hereby propose to do all work sired to cxemplete the work
in accordance with the Plans and Specifications for the prices set forth
in the following schedule. I further understand that said prices include
all costs including, but not limited to, local state and federal taxes,
and transportation costs.
I, the undersigned, also understand that the quantities shown below are
estimates only, being given as a basis for comparison of bids. The City
of CLpertino does not state that the actual amount of work will correspond
but reserves the right to .increase or decrease the amount of any class or
portion of the work or to omit items or portions of the work deemed
unnecessary by the Engineer.
The city of Cupertino reserves the right to unilaterally determine and
award the contract to any qualified bidder based on the most advantageous
proposal, to reject any or all bids or to waive any irregularities in the
procedures.
The wont involved shall include, but not be limited to: install water
line, house water services, abandon existing water services to house,
install fire hydrants including all necessary appurtenances.,
A bid bond in the amount of 10% is required. Award shall be to the lowest
qualified bidder; however, the City Council reserves the right to reject
any or all bids aitd to award the contract for one street, a combination of
streets or for the entire project.
BID ;Fs'r QTY LVIT
ITEK UNIT DESCRIPTION TOTAL
1. Lump Sum Install Blackberry Farm Water
Line according to plan com-
plete and in place. $3� L.S $�
'w
I, the undersigned agree that if thi:; proposal is -^-opted, I will
enter into a contract with the City of Cupertino to provide all necessary
machinery, tools, apparatus, and other means of construction and to do all
the work specified in the contract in the marmer and time specified.
I, the undersigned declare that this bid is made without connection
with any person, firm, or corporation making a bid for the same work, and
is in all respects fair, and without collusion or fraud.
I, the undersigned recognize that the Director of Public Works of the
City of Cupertino will reserve the right to establish the priority of one
job over another and each starting date where conflict of construction
schedules occur.
Attached hereto is the required certified chuck or bid bond in the
TO
amount of as required by law and the Notice to Bidders.
(10% of Bid Airount)
Bid Proposal Page 2 of 6
A. BID DOCUMENTS, (Continued)
BIDDER OUALIFICA12014 F'OF�S
In further cxopliance with the specifications furnished, the undersigned
submits the following statements as to his experience and to his
qualifications as a part of this proposal, and the truthfulness and
accuracy of the information is hereby guaranteed.
(1) How many years has your organization been in
business under its present name? QprUX, I yr-,
(2) How many years e.•rperience in work comparable with
that required under the proposed contract has your
organization had by this or any other name? !U 4 yr5
(3) Contractor Is License No. .5 3 3.3 / 9
State of California, Classification R
Expiration Date• to-.30 -92
(4) List work similar in character to that required in
the proposed contract which your organization or
personnel in your organization has completed within
the past three (3) years.
Year Class. Location of Work and for Whom Perforc,ed Contract
Amount
_[,tb, 1�✓orks - C,-s/.t' /rn v�f / /��4 -2-713
<A.a/.3*J'-7 tiv�
iG. W04ES - C/A/ 0-G0, 010-- S,F. -ab�30D0
<Golde,7 Gee r�
7
Ire -At /U, 3 9 5
va r yc.zs .s,de .srwe1-3
Bid Proposal Page 3 of 6
A. BID DOCUMTS, (Continued)
Name of Proposed Sub-Contractcrs, if any
(Section 4104, Government Code)
2.
3.
4.
5.
6.
Address if Shop or Office of Sub-Contractors
(Section 4104, Government Code)
1.
2.
3.
4.
5.
6.
Work to be Performed by b9a0-Contractors
(Section 4104, Government. Code)
1.
2.
3. —
4.
5.
6.
t
Bid Proposal Page 4 of 6
A. BID DOCUNEtnS, (Continued)
IF YOU ARE AN INDrV"WJAL, SO STATE. , IF YOU ARE A FIRM OR OD-PAT=3t LLP,
STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDIJAL CO-PARTNERS
CaVOSING THE FIRM. IF A CORPORAITON, STATE LBGAZ NAME OF aORPORMON, ALSO
NAMES OF PREMERr, cE1CRE.:'ARY-TREAsuRER AND MANAGER. THE OORPcRATE SEAL MtW
BE AFFIXED. THE INP1"MTI0N OmAINID IN THIS BID IS BEING MADE UNDER
PENALTY OF PER.WY.
TYPE OF BUSINESS: Individual: f<leran WOO c/S �IVOOC6
Co-Partnership
Corporatio :2:—,:,:.
Joint Venture
CJther
(Describe)
Name and Signature of Bidder
le-I2ran Wooc45
e (Print)
�.4
(Signature)
Address (Both mailing and location addresses) :
Aach eco -9t"
Csa�,-r 1
Telephone Number:
(415
Date!•
Addetxlas Received:
1 2 3 4 5
Bid Proposal Page 5 of 6
s ,
N;ONCOLWSION AFFIDAVIT TO BE EXECU'M BY
BIDDkR AND SUS WISH BID
State of California ss.
County of _6CLn Ftn nC-i-'S C.Q
kl, rGLrr Woo d5 being first duly sworn, deposes
and says that he or she is Kl eC—nAv2u/OQ c{S __ of k►3 ?Ch
the party making the foregoing bid t'rat the bid is not made in the interest
of, or on behalf of. any undisclosed person, partnership, ccnpany,
association, ozganizatic—, or corporation;' that the bid is genuine and not
collusive or sham; that the bidder has not, directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a shorn bid, or that anyone shall refrain from
bidding; that the bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or
cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all stat Tex1ts contained in the bid
are true; and, further, that the bidder has not, directly or indirectly,
.-uh i.tted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate
a collusive or sham bid.
Name and Signature of Bidder:
��eira.� yitOo d S
;print) --
nd
STATE OF CALIFORNIA On this.....�.........day of.P50 br....,in the year.... A a.t
�rl fYa17GSCc) ,jWcrK.j�tAAJ E ti.6 O.S ......... .........................before me,
COUNTY OF .... •• ...............a Notary Public,State of California,
duly commissiongd and sworn,personally appeared...................................
kIar...H!Oo.! .. ........................................
u99fth personally known to me for proved to me on the basis of satisfactory evidence► to be
gar? OFFICIAI. SEAL
the person....whose name...,......W.. .....:................................
v,- oods subscribed to this instrument,and acknowledged
�. ;.executed it.
b bd hi it t dthat. . .
.1�L e r} p j'. YL(. i• fll�o?f t ...............
'te' •�v'.,., r,,• ,C•r,,;;; �} � 1 A IN WITNESS WHEREOF I have hereunto ee my hand and affixed my official seal
..F ;J,('Ql G+j J"iy 10 16 in the.......... �. O CGGt n .�'cr c .;uCounty of
................... .. ql(l.0 f rr�.0..........on the date set forth abov®
in this certificate;
ic, n- cVLA-4. W oo dQ
TV"aoormw r ae,a genes Will.nrn mar as veoa a use n xrow aonWeworo am n no
"I eaa or r Mulldw n am as W W am"to to Wass m an r+a,rr the pwmr ars.a Notary Public.Stele of Californigt
mw cry wr+re,.rer*,VM a-?"M r n eel rgr.rah a arty pauapn r er
.rreh of Me*M n enr 1040ft va+eecom My commission expires S
Cowdery's Form No.32--Acknowledgement to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev. 11831
BID BOND BOND NO. 184-01-38
KNOW ALL MEN BY THESE PRESENTS,
That we. WOODS CONSTRUCTION
as Principal,and INDEMNITY COMPANY of CALIFORNIA,a corporation authorized to transact a general surety business in
the State of California, as Surety, are held and firmly bound unto CITY OF CUPERTINO
(hereinafter called the Obligee)
in the full and just sum of TEN PERCENT AMOUNT OF BID
Dollars,($ 10% )for the payment whereof in lawful money of the United States,we bind ourselves,
our heirs,administrators,executors,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, the said PRINCIPAL has submitted the accompanying bid for
BLACKBERRY FARM WATER LINE
NOW,THEREFORE,if the said contract be timely awarded to the Principal and the Principal shall,within such time as may
be specified,enter into the contract in writing,and give bond,with surety acceptable to the Obligee forthe faithful performance of
State of California a� ;
County of San Mateo I
A
1991
On October 21, 1991 Before me, Frances R.Bruno, a notary Public in and for the State of California, y $ ")►
personally appeared Greg McCartney,a person known tome to oe tha person who executed the attached r 2
n
instrument as attorney-in-fact of the Corporation therein Hamad and acknowleged to me that the 7
corporation executed it.
� C
Given under my hand and Notarial Seal on the date above stated. n C 1�0
�a C
Frances R.Bruno, Notary Public
MARIE WOODS, CO-OWNER Principal GR Mc ARTNEY, Attorney in-Fact
Cc 307 REV 2/91
POWER OF A7TUnnc.. ...
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY
P.O.BOX 19725,IRVINE,CA 92713 • 1714)263-3300
.,n itlu J I:.1 0_,y"I
,.0ta bl[S_>..ti. i,.:u brown ink,in.. „ynw..,. In blue ink dnJ tnt,i..,i,cu is us toil uo,
I...I U.r,, .I.,: .,d,u.1 sho�:o, :"1ua; .. ...nent part of trio t,bll .�:s rtcoras
KNOW ALL MEN BY THESE PRESENTS.that,except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,OO each
severalty,out not jointly,hereby make,Constitute and appoint
**'GREG McCARTNEY'"
snit true nna t,,wful Altornuyi s)-In-Fact,t0 make,execute detrvnr dnJ acknowfadgu..for and on behalf of eaeit ut s,na corporations as suroties,bonds,undertakings and Contracts Of
,uiulyshlp in in imouni clot excueaing One Million Five Hunarea Tnou:,ana Dollars(S1.500.000)to any single undertaking;giving and granting unto said Anorney(s)-on-Fact full
power and authority to 00 and to perform every act necessity,requisite or proper to be done in connection therawdh as each of said Corporations Could do,but reserving to each of
said corporations full power of suosdlution and revocation-.and all of the acts of said AriOrneyls)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney ao not extend to any of the following bonds,undertakings Or contracts of suretyship:
Bank depository bonds,mortgage deficiency bonds,mortgage guaraniee bonds,guarantees of installmeni paper,note guarantee bonds,bondson financial institutions,lease
bonds,Insurance company qualifying bonds,sail-insurer's bonds,fidelity bonds or bad bonds.
This Power of Atorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,epecuvd as of September 24.19":
RESOLVED,That the Chairman of the Board,the Presicem aria any vice President of the corporation be,and that each of them hereby is.authorized to execute Powers of Attorney,
qualifying the anorneyts)named in the Powers of Attorney 10 e..ncute,On oenall Of the corporation,bonds.undertakings and contracts of suretyship;and that the Secretary or any Assis-
tant Secretary of the Corporation be,antl each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED.FURTHER.trial ine signatures of such officers may be allaxed to any such Power of Attorney of to any ceniflCate relating thereto by facsimile.and any such Power of Attor-
ney or Ceni ieate bearing such tacsimde signatures shall be valid and binding upon the corporation when so affixed and in ihetuturewith respect to any bond,undertaking dreontraetot
suretyship 10 which it is altaCned.
IN WITNESS WHEREOF,INDEMNITY COMPANY OF C ALIFORNI.*ano DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries inis 2nd day of January,1991.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By— By -- '
Harry C Crowelll,President Harry C.Crowell,President
Oa�YPDRw` P%Suq,�
A/a`pP ��f� QW �oPfOR,yi pi
ATTEST i� DCT a71 W watt.ZL o
ATTEST
/ ♦.
VV'V✓I ITT. 4-14 1/\rs +`/af/ VlJ`�✓`�"` (/t, L 't"„UV ��rrFOp�v�Y
By
By
Walter A Crowell,Secretary Walter A.Crowell,Secretary
STATE OF CALIFORNIA)
I SS,
COUNTY OF ORANGE I
On January 2.1991.before me,the undersigned,a Notary Punic in and for said State,personally appeared Harry C.Crowell and Welter A.Crowell,personally known to me(or proved io
me on the basis of satisfactory evidence)to be the persons who executed the with)n instrument as President and Secretary on behalf of Indemnity Company of California and as President
and Secretary on behalf of Developers insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed it.
WITNESS my hand and official seal.
x eOFFICAL SEAL
Signature U ^'"' VIRGINIA M. LOUMAN
• NOTARY PUBLIC-CALIFOMIA
Notary Public . 9111 PRINCIPAL OFFICE IN
�► ORANGE COl1hTV
My Commisssott Exp.W 9. 1993
CERTIFICATE
The undersigned,as VICe President of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby Gently Mat the
foregoing end attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors
Of said Cofpbt61110119 Set t*nh in the Power of Attorney,are in force as Of the dale Of this Certificate.r�
This Certificate la executed in the City Of Irvine.California,this 21 ST dsy of CTOBER ,199-1—.
INDEMNITY COMPANY OF CALIFORNIA �v�ar DEVELOPERS INSURANCE COMPANY psug4
!A/%�' rp
By a' OCT s!. C By YaR t>r p
L.C.FietiVer a lain a L.C.FlOiger 9 Is» s
Senior Vice President ~ y ���� Senior VIOe President ,e•pe •x '
1991 CAPITAL IMPROVEMENT PAYMENT SCHEDULE
�P5 CUT OFF DATE CHMK RELEASE DATE
F�IY?AY 5 t 00 PH ERM-a
JANUARY 11 3ANUAR3f 25
FEBRLURY 8 FEF3K7M 22
MAGI 8 MMRM 22
APRIL 5 APRIL 19
MAY 3 MAY 17
MAY 31 JUNE 14
JUNE 28 JULY 12
JULY 26 AUGUST 9
AUGUST 23 SWABER 6
SEPTIIMBER 20 OCTDBER 4
OCMBER 18 NOVEMBER 1
NOVEMBER 15 NOVEMBER 29
DEER 13 DEK31 3M 27
15
CITY OF CUPERTINO
INTERDEPARTMENTAL Date N-0n• 1, 1991
To CITY CLERK _ From PUBLIC WORKS--Suud
0 Information MESSAGE: BLACKBERRY FARM WATER LINE (INFORMAL PROCESS
0 Implement PROJECT 92-106
D Investigate
0 Discuss THE ATTACHED DOCUMENTS ARE FOR YOUR FILES:
0 See me 1. CONTRACT WITH WOODS CONSTRUCTION COMPANY.
0 Reply 2. ONE COPY EACH FAITHFUL PERFORMANCE BOND AND
LABOR AND MATERIAL BOND. INDEMNITY COMPANY OF CALIFORNIA
BOND NO. 2t3t46P
3. CERTIFICATE OF INSURANCE, 10/24/91 & 10/25/91.
Reply:
_ Sm
i attach.
SIGNED: DATE
Forward part 1 Retain part 2
®���®• 0 ® • t aug DATE IJMMIOLVYVJ
all 10-25-91
PRoow Ea THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
• CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE
JAMES E. MCGOVERN, INC. DOES NOT A-MFND+ EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
1625 EL CAMINO REAL POLICIES BF__ S.
BELMONT, CA 94002 COMPANIES AFFORDING COVERAGE
COMPA
LET IERNY A SCOTTSDALE INS. CO. /HULL & CO #04 7120
COMPANY B
INSURED l L T i E li
KIERAN WOODS, COMPANY
11;T TER
dba: WOODS CONSTRUCTION -------- ---
2 718 PACHECO STREET COMPANY
urrER D
SAN FRANCISCO, CA 94116 --- _
COMPANY E
Lf TTER
•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 1 IS I f D Bf L OW HAVE BEf N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDliJG ANY REOUIRFMFNT Tf HM Of(CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
Cf AYIFICATE MAY BC ISSUED OR MAY PFATAIN Tllf IN',I111AN(J AT FORDCD BY THE POI ICIf':DESCRIBED HFFIFIN IS SUBJECT TO ALL THE TERMS,
I XCi USIONS AND CONDITIONS Of SUCH Pot I(,tl S — —'-- —
GO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE(MMrDOIYY) DATE IMMIDDIYY)
GENERAL LIABILITY BODILY INJURY OCC. $
A X-1 t OMFREHFNSIVE FORM BODILY INJURY AGG. $
X PHFMI,SESIOPERAiIONS PHOPER`Y DAMAGE OCC.
X UNDERGROUND
_ EXPLOSION h COLLAPSE HAZARD PROPERTY DAMAGE AGG. $
X PHODUCI'SICOMPLET10 OPER. W 6 PD COMBINED OCC. 3 1,000.000
CONTRACTUAL CLS007765 7/1/91 7/1/92 2,000.00
0
X BI 6 PO COMBINED AGG. 3
X INVEPENDENT CONTINACTORS PERSONAL INJURY AGG. 3 1 000 O00
X BROAD FORM PROPER TY DAMAGE
X PERSONAL INJURY
AUTOMOBILE LIABILITY
BODILY INJURY 3
ANY AUTO r IPm Ixx son}
OWNED AUTOS I Pnv Pass ) BOUII.Y INJURY
ALL OWNED AUTOS( Olnar Than (Pel acCr4en1) $
Pnv Pass
HIRED AUTOS
NON-OWNED AUTOS PROPERTY DAMAGE $
GARAGE LIABILITY BODILY INJURY IS
PROPERTY DAMAGE 3
COMBINED
EXCESS LIABILITY EACH OCCURRENCE 3
UMBRELLA FORM AGGREGATE 3
OTHER THAN UMBRELLA FORM ..
STATUTORY LIMITS
WORKER'S COMPENSATION
AND
EACH ACCIDENT 3
E LOYERS'LIABILITY DISEASE—POLICY LIMIT 3
MP _.
DISEASE—EACH EMPLOYEE 3
OTHER
THIS INS. IS PRIMARY INS. TO ANY OTHER INS AVAILABLE TO THE ADD TIONAL INSURED.
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS THE CITY OF CUPERTINO, ITS OFFICERS, EMPLOYEES, AND
AGENTS ARE NAMED AS ADDITIONAL INSUREDS AS RESPECTS THE BLACKBERRY FARM WATERLINE PROJECT.
PROJEC_T 92-106
o •ER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATICN DATE THEREOF, TH£ ISSUING COMPANY WILL
CITY OF CUPERTINO MAIL-3-0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
10300 TORRE AVENUE LEFT
CUPERTINO, CA 95014
AUTHORIZED REPRESENTATIVE
AC'••p 1),
NGOri6 o• s•• o +e
7.
!• RA
f s�$ � mm DATE
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
JAMFS E.MCGOV0?N,INC NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND.
1625 EL CAMINO REAL EMEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES &:LOW
- _...... .................._ .............................
BFUMON%;CA 94002
COMPANIES AFFORDING COVERAGE
(415)1593-1:216 _.. .__
IERNY A SEQUOIA INSURANCE COMPANY
_._ ._ _ _.........._ _.._ _............................. ...............................
COMPA
LETTER B
LETTER
INSURED SUPFJ&0R NA%%ONAL INSURANCE COMPANY
..................... ..............................
XIMIAN WOODS COMPANY
LETTER
C
D11A.WO0l)S CON.VlRVC%%ON
2718 PACIIIiCO ti I%LEFT LCOMPANY
.SANFIIAIVCISCO, CA 94116 _......_ ..... ..._. ............. ... .................................._ ...............................
COMPANY E
LETTER
.
........ . .. . ..... :. .. . ...... .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POi)CY EXPIRATION ALL UNITS IN THOUSANDS
lTii : DATE(MM/DD/M DATE(MM/lD/YY)
.., .......,......_.......... ....... ........ .......................... ...........................
OENERALUABILI:Y .. . _. ._. ` GENERAL AGGREGATE 'S O
COMMERCIAL GENERAL LIABILITY;NIA PRODUCTS-COMP/OPB AGGREGATE S 0
;.. ......... ......... .......
CLAIMS MADE OCCua PERSONAL 6 ADVERTISING INJURY S 0
OWNER'S d CONTRACTOR'S PROT. EACH OCCURRENCE $ O
FIRE DAMAGE(Any are Toe)
MEDICAL EXPENSE(Any one person):S 0
............... :... _.. _ _ .. .__.. ..... ._ .......... ... . .........................................................................._..........................
AUTOMOSILEUABIUTY COMBINED
ANY AUTO SINGLE :S 1,000
i LIMIT
..................................................
.......
ALL OWNED AUTOS BODILY
A TO BE Dk7FAAflNF.0 07/0191 07N1i92 ; INJURY S
X SCHEDULED AUTOS (per person)
X HIRED AUTOS :.........................................
BODILY
' INJURY S
X NON-OWNED AUTOS : (Po.accldenq;
;...................................
GARAGE LIABILITY ....:
PROPERTY i$
;DAMAGE
.............__._. ._.... .._. _ _...._. _......
EXCESSUABIUTY EACH AGGREGATE
N/A OCCURRENCE
S S
OTHER THAN UMBRELLA FORM
STATUTORY
B WORKER'S COMPENSATION 02-WCP-25129-A 07/0191 07/01i92 ......... ........
$ 1,000 (EACH ACCIDENT)
AND
S 1,000 (DISEASE--POUCY UMIT)
EMPLOYERS'LIABILITY ...,....,........_................... ......................
S 1,000 (DISEASE--EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONSILOCAT10NS/VENICLES/SPECIAL ITEMS
PROJECT: BLACKBERRY FARM WATER LINE
PROJECT #92-106
L•�RPIFtCATf�NcaWI:R CAN . .. Q " v
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL amm
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Cl IV OF CUPE1%'1?NO
LEFT,
10300 TORRE AVENUE
CUPER%%N(A CA 95014 9' AUTHORUED ESENTAMW
rv/,,
ACOADas-s ��ae :;.... ..�.w.l,,... ::: 4 '.... :: n.r ,y.:: cb
OC:f-.io-'91 10:39 1 D:JRMES MCGOUERN INS TEL NO:415-594-9130 t#282 P02
fir- 4�
• POLICY NUMBER: CLS007765 COMMERCJAL GENERAL LIABILITY
EMOESEMEW NO. 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I.T CAREFULLY.
ADDITIONAL INSURED-DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIA01LITY COVERAGE PART,
SCHEDULE
Name of Person or Organization:
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA 95014
(If no entry appears above,information required to complete this endorsement will be shown in the Declarations
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 as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
CG 20 26 1185 Copyright, Insurance§ervices Office. Inc.. 1984 0
CORPORATION
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA SS.
On OCTOBER 25, 1991 before me,the undersigned,a Notary Public in and for said State,
personally appeared ALBERT E. HART
S personally known to me (or proved to me on the basis of satisfactory
evidence)to be the person who executed the within instrument as Attorney-
s
y in-Fact on behalf of Indemnity Company of California, the corporation
4 therein named,and acknowledged to me that the corporation executed it.Z f WI'-MESS my hand and^« :a!seal. f 1- t i- ?�*Y i + O,l't'SON
CONTf<A C�:,TA COUNTY
•� � My Comrn.ldon Expires
Jfdy 10, 1995
Signature � .—t-t--� �--.r✓�_�_iS_:—..:.-
ICC 304(REV.2185) This area for Official Notarial Seal
INDIVIDUAL
STATE OF CALIFORNIA
COUNTY OF SAN MATEO y SS.
On OCTOBER 28, 1991 before me,the undersigned.a Notary Public in and for said State.
personally appeared MARIE WOODS
.at personally known to me for proscd to on the basis of satisfactory
evidence)to be the person whine name Ie subscribed to the within instrument
i
and acknowledged that he:she executed it.
� 0. •swuwawnna�
1 WITNESS my hand and official seal. FRANCES R. BRUNO
yy
tjOTApY%16LI(.:GAII1`()4NIA
• fs11NCIPhL orrtu IN
•$, ��� SAN MAI U7 cOUNTV 4
11`Ml f('�pp�m�ss�On E�pnAs l�M��.1995 Y.
Signature'
tp?WIIRFY Iht1
Atis arm%Ur Ulrieial Norunal S.wl
BOND NO. 213146P
PREMIUM: $862.00
FAITHFUL PERFORMANCE BOND
K:40W ,ALL BY THrSE PPESENTS:
THAT WE, WOODS CONSTRUCTION COMPANY
as Principal and INDEMNITY COMPANY OF CALIFORNIA
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum ofTHIRTY FOUR THOUSAND FOUR HUNDRED EIGHTY EIGHT AND NO1100- - - Dollars
($ 34,488.00 ) lawful money of the United States, for the payment
of which will and truly to be oiade, we bind ourselves, our heirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
THE COrdUITION of the above obligation is such that,
WHEREAS, the Princ i pal has entered into n contract dated OCTOBER 23, 1991
with the Obligee
to do and perform the following wort: to-wit :
BLACKBERRY FARM WATER LINE - PROJECT 92-106
YJOW, 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 25th day of OCTOBER 1991
(To be signed by Principal
and Surety and acknowledgment.)
WOODS CONSTRUCTION
Principal MARIE WOODS, CO-OWNER
t
INDEMNITY COMPANY OF CALIFORNIA
' Surety
Attorney-in-Fact
ALBERT E. HART
.� The above bond is acce-pted and approved this day of 19_
BOND NO. 213146P
PREMIUM INCLUDED IN
PERFORMANCE BOND PREMIUM
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the Cil�.y of Cupertino, State of California, and
W ODS CONSTRUCTION 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
oth. 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 INDEMNITY COMPANY OF CALIFORNIA
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 contr4.buting 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 THIRTY FOUR THOUSAND FOUR HUNDRED EIGHTY FIGHT- -
($34,488.00 1 ,
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.
INDIVIDUAL
A
STATE OF CALIFORNIA
I COUNTY of SAN MATED
4 SS.
a On OCTOBER 28, 1991
.before me.the undersigned.a Notary Public in and for said State,
m personally appeared MARIE WOODS
CC -
st personally known to me for proscd to-me on the bass of satisfactory
esidencel to be the person whose name is subscribed to the within instrument
.t
and acknowledged that he:she caccuted it.
a
d WITNESS my hand and official seal.
i� '
FRAMMS R.631lHO
e W)VOPv PUALC4CAL610j
r .s MINCIPAt(JOPU ttv
W4 MA i�O C.C"TY
MY Gynn.c.>,iu F�pnrti�
Signature_
tD vwt tRfy :941 Ais orcu lur(trivia/Naturtul Seal
CORPORATION
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA SS.
On OCTOBER 25. 1991 before me,the undersigned,a Notary Public in and for said State.
w
w personalty appeared AT.RF.RT F._ HART
M personally known to me (or proved to me on the basis of satisfactory
W evidence)to be the person who executed the within instrument as Attorney-
.d
y in-Fact on behalf of Indemnity Company of California, the corporation
4i therein named,and acknowledged to me that the corporation executed it.
OFFICIAL sEAL
BEVEPLY J. T!t" '�
; Ut APSON
WITNESS my hand and official seal. f
' JNTY
}
Signature �: `-''z—�— 'z•t !�> vim.
ICC 304(REV.2(85) Thisareajor Official Notarial seal
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 this25th day of OCTOBER 1991
WOODS CONSTRUCTION
(To be signed by Principal Principal MARIE WOODS, CO-OWNER
and Surety. Notary
acknowledgments required.) INDEMNITY COMPANY OF CALIFORNIA
Surety
By:
Attorney-in-Fact
ALBERT E. HART
The above bond is accepted and approved this day of
19
A
1
6/17/85
OF ATTakkki
' 1NDEMNffY COMPANY OF CALIFORNIA N2 061477
AND DEVELOPERS INSURANCiEa COMPANY
P.O.BOIL 19725.IRVINF-CA 92rt3 • (714)2W-3390
NbTiCE: 1. All power and authority herein granted shall In any event terminate on the 3lst day of March,1992,
2. This Power of Attorney is void If altered or It any portion is erased.
3 This Power of Attorney is void unless the seal Is reladatcse,the text is In brown lath.the signatures are in blue Ink and this not"is in red Ink.
4, This Power of Attorney should not be returned to the Attornsy(s)-Irt-fw,but should remain a permanent past of the obligee's records.
KNOW ALL MIEN BY THESE PRESENTS,that,except as expressly Wntlsd.DIDEMNITV COMPANY OF CALIFORNIA arm DEVELOPERS tUSURANCE CONY,do each
severally,but not jointly.hereby make.constitute and appolyd
***ALBERT E. HART, SHEILA STEVENS, GAIL FOUSHEE, JOINTLY OR SEVERALLY***
the trite and tawtui Attornay(e)-in-Fact,to make,execute.deliver and aaknowle0ge.for and on bahaft of each of sold corporations as sureties,bonds.undertakings and contrasts of
t urstyship in an amount not exceeding One Million Five Hundred Thousand Dotters(51,500,000)in any single undertaking;diving and grening unto said Attorney(s)-to-Feat tub
power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of
said corporations full power of s ubstifation and revocation;and all of the acts of said Attorney(ehin-Fact,pursuant to these presents,are hereby refffind and confirmed.
The authority and powers converted by this Power of AtWmay do not extend to any of the following bonds,undertakings or contracts of suretyship:
Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,(ease
bonds,Insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bell bonds.
This Power of Attorney is granted and Is signed by facsimile under and by authwrtty of the following retsatutions adopted by the respective Boards of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby Is,authorised to execute Powers of Attorney,
qualifying the attorneys)named in the Rowers of Attorney to execute,on behalf of the corporation,bonds.undertakings and contracts of suretyship;and that the Secretary or any Assis-
tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile.and any such Power of Attor-
ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which I I is attached.
IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severalty caused these presents to be signed by their respec-
live Presidents and attested by thah respective Secretaries this 2rd day of January,1991.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By BY—
Many C.Crowell,Pro (dent �Q aNY Harry C.Crowell.P4Asidertt auq
O OpVOR,�P N Opi0 4,
. reb I'O' C dG r�0
ATTEST i dam'4 n ATTEST W kAR>n p
toot e+ lef6
<<raaa�
By l/�/L�W�/t Vt• ��G9`r�(/V _ By
Walter A.Crowell,Secretary Walter A.Crowell,Secretary
STATE OF CALIFORNIA)
1 SS.
COUNTY OF ORANGE )
On January 2,1991,before me,the undersigned,a Notary Public in and for said State,personally appeared HarryC.Crowell andWaker A.Crowell,personally knownto me(or provedto
mean the basis of satisfactory evidence)to be the persons who executed the within Instrument as President and Secretary on behalf of Indemnity Company of California and as President
and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed it.
WITNESS my hand and official seal
sosesssessnwrseswswasoresnasaoayw
° Ot�iGhAt SEAL
mature .�, ,., �► _� .�• VIRGINIA M.LOUMAN
Note Public • NOTMV PUBLiC-CALFORM
Notary FIRRICIM OFFICE 01
ORAWGE OWNTY
91,Cmunis�t EAL A(a.9.IM
C6111TIFICAT13 ,
x�
ii Yltsr uhderalgngd,as VIM President of INDEMNITY COMPANY OF CALIFOfIAiW and Vice President of OVINE ttPERS UMURM106 COURNN,:does,haratvy aertlly that ft
tr tt>Spvfng and attBeltad Poxret otAttamay rentsina in full force and has not been revoked,and furMarm"O.that the provisions oft"re scltdions of tttamspeall"Baarda of Oireateite j
.t oorpor6tiosie e6torth In,"Pow of itttamey,are in toresa as of lhg bate of WeCetrtiflaattx
twllrfffifi8lir Is Snouted In fife City ssf Irvine.California,Mla E crag of Q — 199Z�.
9UM DOW"of CA6tI�liNIB1 OENALt;IPERl9t INSURANCE COMPAW
r,
� l.G.Fiebtger t881 0 L.C.FteblA9r zr t9t'e A �'
Serer Vice President Senior Vice Prslsldrmt d e'