80-013c Saldivar Construction, Inc., Three Oaks Park Street Improvement, Project No. 80-28'.
CONTRACT FOR PUBLIC WORK
CONTRACT made on July 6. 1981
by the CITY OF CUPERTINO, a municipal corporation of the State of
California, hereinafter called the City, and SALDIVAR CONS,TRUCTION,
Incorporated, 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:
1. plans and Specifications for Three Oaks park
Improvements, Project 80-28
Street
2. Faithful Performance, Bonds, Labor and Materials Bonds,
Insurance Certificate
3. This Contract
4. 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 doc-
uments. The documents comprising the complete contract are sometimes
hereinafter referred to as the Contract Docu~ents. In case of conflict
between the Plans and Specifications on the one hand, and this Con-
tract on the other, the Plans and Specifications shall prevail.
2. THE WORK. The Contractor agrees to furnish all of the
tools, equipment, apparatus, facilities, labor, transportation, and
material necessary to perform and complete in a good and workmanlike
manner, the work of Three Oaks Park Streeet Improvements, Project
80-28 as called for, and in the manner designated in, and in strict
conformity with, the Plans and Specifications prepared by the
following named person: Mr. Bert J. Viskovich, Director of Public
Page 1
'Works and adopted by the City, which plans and Specifications are
entitled, respectively, Three Oaks Park Street Improvements, Project
80-28 and which Plans and Specifications are identified by the
signatures of the parties to this Contract. It is understood and
agreed that said tools, equipment, apparatus, facilities, labor,
transportation, and material shall be furnished, and that said work
shall be performed and completed as required in said Plans and
Specifications under the sole direction and control 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 the following named person: Mr. Bert J.
Viskovich, Director of Public Works.
3. CONTRACT PRICE. The
Contractor agrees to accept, in full
to be done, the sum of: Forty-Six
Dollars ($46,048.55)
City agrees to pay, and the
payment for the work above agreed
Thousand, Forty-Eight and 55/100
subject to additions and deductions as provided in the Contract
Documents.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dis-
pute arise respecting the true value of any work done, of 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 A-
merican 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 spe-
cially tested or approved, it shall not be tested or covered up with-
out 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 not~ce, approval, or consent,
it must, if required by the city, be uncovered for examination at the
Contractor's expense.
7. EXTRA OR
any time during the
deviations, additions
ADDITIONAL WORK AND CHANGES. Should the City at
progress of the work require any alterations,
or omissions from the Specifications or Plans or
Page 2
'other 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 val-
uation, 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 a-
gencies 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 Fed-
eral 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, a-
mendment 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 Arbitra-
tion Association if the parties are unable to agree.
10. TIME FOR COMPLETION. All work under this contract shall
be completed:
On or before Fifty (50) working days after award of contract
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, lock-
outs by others, fire, unusual delay in transportation, unavoidable
casualties or any causes beyond the Contractor's control, or by delay
authorized by the City, or by any cause which the City shall determine
justifies the delay, then the' time of completion shall be extended
accordingly.
This paragraph does not exclude the recovery of damages
delay by either party under other provisions in the Contract
uments.
for
Doc-
notify
11. INSPECTION AND TESTING OF MATERIALS.
the City a sufficient time in advance
The
of
Contractor shall
the manufacture or
Page 3
production of materials
order that the City may
testing of the same, if
tractor.
to be supplied by him under this Contract, in
arrange for mill or factory inspection and
the City requests such notice from the Con-
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 ter-
minate the Contract, such notice to contain the reasons for such in-
tention 'to terminate the contract, and, unless within ten days after
serving of such notice, such violation shall cease and satisfactory
arrangements for correction 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 Contract1 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 Con-
tractor 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, with-
out liability for so doing, take possession of, and utilize in comp-
leting the work, such materials, appliances, plant and other property
belonging to the Contractor as may be on the site of the work and
necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the ·amount which the' city may
retain under Paragraph 21 of this Contract until the final completion
and acceptance of all work covered by the Contract, the City may
withhold from payment to the Contractor such an amount or amounts as
in its judgment may be necessary to pay just claims against the Con-
tractor 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 dis-
cretion. In so doing, the city shall be deemed the agent of the Con-
tractor, and any payment so made by the city Shall be considered as a
pciyment 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 deter-
mination of the claim or claims.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the
other under the 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
page 4
for any purpose whatsoever unless served in the following manner: (al
if the notice 1S 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; (bl 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 18547 San Jose, CA 95158
postage prepaid and certified; and (cl 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 com-
municated 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 Spec-
ifications must be met by Contractor, unless the City agrees in
writing to some other material, process or article offered by Con-
tractor 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 Con-
tract. 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 ma-
terials, 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 pay-
ment of a reasonable attorney's fee to be fixed by the court in case
suit is brought upon the bond.
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 ex-
tending 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 Con-
. tractor under this Contract shall also contain an endorsement pro-
viding 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 can-
cellation of modification of the policy.
(a) WORKMEN'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take out and maintain during the life
of this Contract Workmen's Compensation Insurance and Employer's Li-
ability 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 Workmen's Compensation In""'
surance 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 cer-
tification, required by section 1861 of the Labor Code:
"I am aware of the provisions of Section 3700 of
which require every employer to be insured aga~nst
workmen's compensation or to undertake self insurance
with the provisions of the code, and I will comply
visions before commencing the performance of the
contract."
Page 6
the Labor Code
liability for
in accordance
with such pro-
work of this
(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 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 including what are commonly known as the "X, C,
and un 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
$300,000.00 for injuries, including accidental death, to any
one person, and subject to the same limit for each person, in
an amount not' less than $500,000.00, on account of one
accident, and Property Damage Liability Insurance in an amount
not less than $200,000. 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. HOLD HARMLESS. The Contractor will save, keep, and hold
harmless the city and all officers, employees, and agents thereof from
all damages, costs, or expenses, in law or in equity, that may at any
time arise or be set up because of personal injury or damage to prop-
erty sustained by any person 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
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 anyone calendar
day and forty hours of labor during anyone calendar week shall con-
stitiute the maximum hours of serV1ce 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 sub-
contractors under this Contract, upon the work or upon any part of the
work contemplated by this Contract, shall be required or permitted to
Page 7
work thereon more than eight hours during anyone calendar day and
.forty hours during anyone calendar week, except, as provided by Sec-
tion 1815 of the Labor Code of the State of California, work performed
by employees of contrators in excess of eight hours per' day and forty
'hours during anyone 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 Cal-
ifornia, all the provisions whereof are deemed to be incorporated
herein, the Contractor shall forfeit, as a penalty to the City, twen-
ty-five Dollars ($25.00) for each laborer, workman, or mechanic em-
ployed in the execution of this Contract by contractor, or by any
subcontractor under this contract, for each calendar day during which
said laborer, workmen, or mechanic is required or permitted to work
more than eight hours in anyone 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 showing the names of and actual hours worked each calendar day
and each calendar week by all laborers, workmen, and mechanics em-
ployed by him in connection with the work contemplated by this Con-
tract, which record shall be open at all reasonable hours to the in-
spection of the City or 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 work ,~n the locality in which this work is to be per-
formed, 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 w~ge rates upon which the
Contractor or any subcontractor under him may base any claim against
the City. '
It shall be mandatory upon the Contrator, and upon any subcon-
tractor 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 dollars ($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
him; and Contractor agrees to comply with all provisions of section
1775 of the Labor Code.
In case it becomes necessary for the Contractor or any subcon-
tractor 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 Con-
tractor with the minimum rate based thereon. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupa-
'tion 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 proper-
ty. The safety provisions of applicable laws, building and construc-
tion codes shall be observed. Machinery, equipment, and other hazards
shall be guarded or eliminated in accordance with the safety pro-
visions of the Construction Safety Orders issued by the Industrial
Accident Commission of the State of California.
23. PAYMENT. Not later than the fifteenth day of each calendar
month, 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 his
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 or
certificates. 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 (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 entitled the, Contractor to the
certificates.
The payment of progress payments by the city shall not be cons-
trued 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 inspec-
tion and approval of the City, and subject to whatever inspection and
Page 9
approval may be required by law.
24. PROTECTION OF PUBLIC UTILITIES. The City shall be respon-
sible, as 'between the parties to this Contract only, for the removal,
.relocation, or protection of existing public utilities, if any, lo-
cated 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 qf the invitation for bids. The City shall compensate the Con-
tractor for costs incurred in relocating or repairing damage to util-
ity facilities not indicated, in the Plans and Specifications, other
than service laterals when the presence of such utilities on the con-
struction site can be inferred from the presence of such visible fa-
cilities as buildings, and meters and junction boxes on, or adjacent
to, the construction site. The Contractor shall not be assessed li-
quidated 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·re-
moval or relocation of the existing utility facilities. If the Con-
tractor 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 occur-
rences 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 Cali-
fornia or by the -President of the United States, or were of a mag-
nitude at the site of the work sufficient to have caused a proclama-
tion of disaster or state of emergency having occurred in a populated
area. Sub ject to the foregoing, the City shall nO,t, 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 equip-
ment or any part thereof, or in, on, or about the same during its
construction and before acceptance.
26. CONTRACTOR'S GUARANTEE. -The Contractor unqualifiedly guar-
antees the first-class quality of all workmanship and of all mater-
ials, apparatus, and equipment used or installed by him or by any
subcontractor or 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 guar-
antees 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 defect or defects without cost to the City.
Page 10
, .
"
. 0 <LI jrct d f JU Iy . th th d' n (H S ... H ........ Sl........... flY 0 ....................... ~uln e tear one ousan nine
hundred and ....................... before me, ...... ~!HHx...P.., ..... !nQ ........................... .
a Notary Public. State of Californi{J, duly commissioned and sworn, personally LOUIS H. SALDIVAR appeared ......................... P.res.foi'ifij; ........................................................... : .... .
known to me to be the ........................................... of the corporation descflbed In and thot executed the within instrument, and also known to me to be the
person ....... who executed the within Instrument on beholf of the corporation
therein named, and acknowledged to me thot such corporation .",ecuted the
same .................... O# .......................... u ....... u ..• u ...................... u ••• H •••• u ..•••.•.•• u ...... .
IN wrrNESS WHEREOF I h_ hereunto set my hand and affixed my official
\ ~:/7n ~h;;;~;rlif;~ai~j;r;i'ab~ount~f::-&ai!·r.L ............. the day and
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IJln~c(gn 'II'lUIlJlll,""uunauulllunllll'1I2nl~ul~
OF'FIC1AL SEAL :;
KATHY D. CATO i
NOTARY POI:'IUC -CAUfOI\tHA:' t~.;:t?~'i COUNTY OF-SANTA CLARA 5
Cowdery's Form No. 28-Acknowledgment Corporation (C C. Sees. 1I90-1190~1) ~ .:::'t;:~,)' Camm. Exp. Match 24,. 1985 i Printed 5172
P.rd9uU~Ua!l1l1lIlullttn;.U!!l~~fn!f!J'!U'lUul!te:zllunt!.~1i.2
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 Fifty and no/IOO dollars
'($50.00), for each and every day during which said work shall remain
uncompleted beyond such time for completion or unlawful extension
thereof, which sum shall be presumed to be the amount of damage
thereby sustained by the city since it would be impracticable or
extremely difficult to fix the actual damage 1 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 the Contractor hereunder, or his assigns and successor
at the time of completion, and the Contractor hereunder, or his
assigns and successors at the time of completion, and his sureties
shall be liable to the City any excess.
•
"
2B. ADDITIONAL PROVISIONS.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
Notary acknowledgement required.
If a corporation, corporate seal
and corporate notary
acknowledgment required.
Page 11
CITY OF CUPERTINO
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CLARA) ,
On 19 ___ , beiore me, the unaersigned, a
Notary Public in and for said State, personally appeared
known to me to be the persons whose names are subscribed to the within
Instrument. and acknowledged to me that the}' executed the sao",
\HTNESS my hand and official seal.
~otary Public in and f0r th~ County
of Sgnta Clara. State of California
-------_ ... _-------------------'------------------..... ----------------------------
CORPOR.HIO:; ACKXO' .. U:!lGP.!ENT
STATE OF CALIFOR.'IA )
) ss.
comrrr OF SA.:';T.'!. CL-\.RA)
On , 19 " b .. fore ne, the und .. rsigned, a
Notary Public in and for' the said State. personally appeared
________________________________________________________________ , kno~~ ,to me
to be the of , the
corporation that executed the within Instrument, known to m .. to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
1N,W!TNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
Notary Public in and for the County
of Santa Clara, State of California
. ~:::~:~1Z~r.~l~.~ ................ } ~ O tho 3rd d f July . Ih Ih d' n IS •••••.• H •••• ST.· ..... u. fly 0 ~ ........ h .. h ........... ln e lear one Duson nine
hundred and ...•.•••••••.••.......• before me •••••• .!S!HHY. .. R., ..... !lIQ ............•...............
a Notary PublicI ,Stale of Califom~Q, duly commissioned and sworn. personally LOuIS Ii. SALDIVAR . appeared ......................... P.res.iile.fif" .......................................... : ............. : .... .
known to m. 10 be the .................. , ........................ of the corporatIon descnbed
in and thai execuled the within instrument, and also known to me to be the
person ••.•..• who execuled Ihe within Instrument on behalf of Ihe corporation
therel" named. and acknowledged 10 me thai such corporotion execuled the
&ame .bH ••• ~ .......... H ......... u •• n.u .................... H .. d ... H .................. u ....... b .•.••• u .......... n
IN WITNESS WHEREOF I have hereunlo set my hand and affixed my official
seal in the ............................. County of ••••. ~g.l) .9.C.J.1!.t<:i... ............ Ihe day and
year in th is certificale firsl above written. ::" # / /J
. ············ .. ·····NQ······ PfJic'7ftia;~i;{i~····· .. ·· .... ·· .. ··
Cowdery's Form No. l8-Acknowledgment Corporation (Co C. Secs.1190-1l90.1) Printed 5/12
'~otanal Acknowledgement-Attorney in Fact
~ATe OF CALIFORNIA
• SAN FRANCISCO f 5.5. Counwof __ ~~~~~~ __ ~ __ __
IJ)Kl1I111111111l1l1ll1ll1ll1l1l1lmm1l1l1ll1ll 1ll11l1ll1l11i11l1l11l11ll11l1l1llll!!!
I§ OFFICIAL SEAL .. sa ,:r-""" T.A. FERMANICH [§ ~ .r~~ .. · ; NOTARY P.UBLIG. CALIfORtllA § s;: t "'e. , .. ,:i!;9Y GITY AND COUNTY of S
;; ~ •• ,.!: _ SA'" f:'R;ANCISCO :: E§ ~,., MY COMMISSIO!i EXPIRES OCT. 24. 111S1 5
iillIIUlIlIllllllll1l1l11ll11l11l1l1l1l1l1l11l1l11l11l1l1l1l1l1Ullllllllllllll1llllllli1l
815..01216 9-79
On 1his ____ =-3c;;rc;;d _______ day of July 19 81 . before me.
__________ -C.T,;:..-:;.A::.;.:.....;F::.;lill=::1AN=:.;I::.;C::;H::;.. __________ • 8 NotaTY Public jn end fof' saId
______ --.:S:::AN~-=.FRAN=:::;C::.I=S~C:::.O:.....;_____ County. State .Ioresaid. residing ,herein. duly
commissioned and sworn. personally appeared LAWRENCE J. COYNE
____ -::--:-__ -,-__ ,-,.,,....,____________ known to me to be the person whose narne 1$
subscribed to 1he within instrument as the attorney in fact of
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
and acknowledged 10 me that he subscribed the name of EMPlOYERS INSURANCE OF
WAUSAU A Mutual Company thereto as surety. and his own as attorney In fact",
IN WITNESS WHEREOF. I have hereunto .e. my hand and affIXed my olfoclol seal.
SAN FRANCISCO at my office in the said eountv of ____ -,-________________________ _
and year in this certificate first above written. ~a~
the day
Notary Public in and for tho coun.y of ___ "'S.:;AN::::-..:F.:.RAN="C"'I"'S"'C"'O"-_____ _
S.a.e of __ CA=L::;I::;F:..:O::,:R:::N:.,:I::;A:..-___ _
My commission eXCltreS ____________________________________ _
.. .
\ •
•
• •
•
.~
FAITHFUL PERFORMANCE BOND BOND NO. 0650-lB-039224-C
THE PREMIUM ON THIS
BOND IS $173.00
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, SALDIVAR CONSTRUCTION, INC.
as Principal and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
as Surety are held and firmly bound unto the City of Cupertino, State of california,
in the sum of Forty-Six Thousand Forty-Eight and 55/100 Dollars
($ 46,048.55 ) 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 __ ~J_u_l~y~3~, __ 1~98 __ 1 ______ _
with the Obligee
to do and perform the following work to-wit:
Three Oaks' Park Street Improvements, Project 80-28
1,01" THEREFORE, if the said Principal shall well and truly perform the wbrk
contracted to be performed under said contract, then this obligation shall be
void; otheniise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 3rd day of July , 19 81 •
(To be Signed by Principal
and Surety and acknm,ledgment.)
INC.
A Mutual
SuretyCompany
EXECUTED IN DUPLICATE
Lawrence J. Coyne, The above bond is accepted and approved this _____ day of ______________ __
"
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On , 19 ___ , before me, the undersigned, a
Notary Public in and for said State, personally appeared
--~----------------~--~~~----~--~~~-' known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On , 19 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
________________ , known to me
to be the of , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and ' affixed my official
seal in the County of Santa Clara the day and year in this certificate first'
above written.
Notary Public in and for the County
of Santa Clara, State of California
tfVU"I.l.Jr~ 1l'IDUKf\NLI: \.JI" YYi"'Il.J;:)"IIU ," MUIU" ..... IJ'" ..... "Y
POWER OF ATTOP.NEY
KNOW ALL MEN BY THESE PRESENTS,
That the EMPLOYERS INSURAl'ICE OF WAUSAU A Mutual Coml"ny •• C1)J'PO'otion duly organued and
wsting underthe lawaoftheStateofWisconsin, and having ita princlll~d ofti~in the-City OfWaUJIBu. County
of Marathon. State 01 Wisconsin. haa mad~ eonatiluttd and appointed, and does by the~ pnsenl.8 make. constitute and appoint Lawrence.).. \", .. o.,)"n=e'-__________________ _
its tr\Ie and lawful attorney-in-fact, ·~th full power and authority hereby confel1'ed in its name~ place and
stead, to execute. .seal. acknowledge and deliver .
any and al11:xutda. undertakinglJ. recognizances or other written ubiigations in the nature thereof •••
Not to exceed the penal sum of five million dollars ($5.~O.OOO).
and to bind the corporation thereby 88 fully and to the aame extent 8S if such honds were eigne<! by the
president., sealed with the cdrporate seal of the Cflrp<:lralion and duly attested bt its secretary hereby ratifying
and oonfirmlng aU that the aaid attorney-in·fact may do in the premises. .
Thiopown of attorney is if:llnted pl1NJUanl t.o the fonowing resolution adOpted by the 811ard. of PireclOrs of
said Company aCa meeting dub caJledand held on the I8thdayofMlly.1973. which resolution is still in effect:
"RESOLVED,that the President and anr Vice President -elective or appointiv~ -of EMPLOYERS
INSU~'lCE OF WAUSAU A Mutual Company be, and that each of them herebt is. autboril.ed to
execute powers of attorney qualifying the attorney named in the given power of attorney to execute on
behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bonds. undertakings and all
contracta of 8Uf1,!t~'8hip; and that any $eCTctary 01' alJsi&tant ~tetafY be, a.nd that each or any of them hereby is, authorized to atwl the exe<::ution of any such power of attorney. and to attach thereto the seal
of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company.
"FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS
INSURANCE OF WAUSAU A Mutual Company may be affixed to any such powfl<rofattomey ortoany
certificate relating thereto by facsimile, and any such power of attom'l'Y 01' certificate bearing such
facsimile signatures and faesimilueal shall be valid and binding upon the EMPLOYERS INSURANCE
OF WAUSAU A Mutual Company wh~n so affixed and in the future with re&pect to any bond.
undertaking or contract of auretyship to which it is attached."
IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company ha. c""",dth ...
pTe8enta to be l'Jigqed by tne vice J)tfI'sident and attested by ita ~etary. and its corporate seal to be hereto
affixed thia utn day of February • 19_tlU_
BY~~~~~~~ __________________ _
L.
Vice Pn:sident
STATE OF WISCONSIN )
) ...
COUNTY OF MARATHONI
On this 12th dBlol __ !eb!\1a!l..-._.. , 19.!Q.... before me personally came
L.. .J. hu~e • to me known, who being b,y me duly sworn, did depose
and uy that he ill a vice president of the EMPLQ"'-;:RS INSU RANCE OF WAUSAU A Mutual Company, the
corporation described in and which executed thea .. lve instrument; that heknflw8 the seal ohaid corporation;
that the seal affIXed to said instrument {sauch corporate seal and that it waa so affixed by order of'the &ard of
Directors of &aid corporation snd, thllot he signed his name thereto by like order.
IN WITNESS WHEREOF. I have hereunto Bet my hand and affi.ed my official seal the day and year herein
first above written.
STATE OF WISCONSIN
CITY OF WAUSAU I ...
COUNTY OF MARATHON,
77"7'
CERTIFICATE
NANCY L. ZIMBAUER
NOTARY PUBLIC
STATE 011 WISCONSIN
U,y Commie,,,,, !Upir .. Fc!:twary 21, IP8~
l~ the underaignoo. vice preeident of' EMPLOYERS INSURANCE OF WAUSAU A Mutual Q1mpany. a
Wiaconalo corporation, do hereby certify that the foreKoinj{ and attut'hed puwer of atturney remaintl: in fun
for~ and has not been revoked; lind furthermore that the f'elfulutiun ufthe Board of l)in,(,:tUJ's set forth in tht'
power of attorney is stUJ in ro~.
3rd day of
..., ... .. LABOR A..'I!D ~£ATERIAL BOND
BOND NO. 0650-l8-039224-C
KNOW ALL HEN BY THESE PRESENT: . ,
WHEREAS, the City of Cupertino, State of California, and
SALDIVAR CONSTRUCTION, INC.
THE PREMIUM ON. THIS BOND
IS INCLUDED, IN THE PREMIUM:
FOR THE PERFORMANCE BOND.
hereina,fter 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
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;
NOl~, THEREFORE, we, the Principal, and EMPLOYERS INSURANCE OF WAUSAU
A Mutual 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 about the per-
formance of the aforesaid 'lOrk contracted to be executed or per'formed under the
contract hereinab ove mentioned, and all persons, companies or corporations lend-
ing or hiring teams, implements or machinery, for or contributing to said work
to be done, and all persons who perform work or lab or 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
Forty-Six Thousand Forty-Eight and 55/100 Dollars
($ 46 01.8 55 , ) .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its
subcontractors) heirs, executors, adminis t.rators, 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,wrk or labor thereon of any kind, or for amounts due und~r the Un-
employment Insurance Act "ith respect to such "ork or labor, then said Surety
will pay the same and also '-lill pay in case suit is brought up'on this bond,
such reas onab le attorney's fee as shall be fixed by the Court.
,This bond shall inure to the beneH t 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 thelil or, their assigns in any sui t
brought upon this bond.
· :::;%;r[~T.9:~.~ ................ } ~
.'
O . 3rd d f July . h th d' n thIS ............. 81"......... ay 0 .......................... m t e Cear one ouson nme
hundred and ....................... before me •...... !0..T.tlY ... p..: ..... !l-IQ ........................... .
a Notary Public. State of Californ,"A duly commissioned and sworn. personally
appeared ...... l.QlIJ.?J:!:.p'?.!)b.Q~Y ... § ............................................................... ..
known-to me to be the ..... .:.~.~.~ ... ~.~ ..................... of the c01Jloration described
In and that e"ecuted the within instrument, and also known to me to be the
person. ...... who executed the within Instrument on behalf of the corporotion
the",in named, and acknowledged to me that such corporation executed the
same ....... h •• n ••••••••••••••• u ....... 40~ ............ n ••• 40 ......•••••••••••••••••••••• _ ......... u •••••• 4< •••••••••••
IN wrI'NESS WHEREOF I have hereunto set mJ:tand and affixed my official
seal in the ............................. COlJntY~Of ..... !:iil.U' ... (j.D.J.il.r.~t... ........... the day and
year In thi.c.rtifi~.~~.~.~~~.:4 .~ ... ~ ......... ..
Notary blic,l!Itate of California
Cowdery's Fonn No. 28-Acknowledgmen. Corporotion (C. C. Sees. 1190-1190.IJ
..
Nota'riat At:~nowfedgemen1-Attornev in Fact
STATE OF CALIFORNIA C<:.~tv 01 _S=AN=..:F:.;R=AlN:.:C;.:I:.:S..:C..:O __ f 5.5.
l1!1I11J11111111U1l11l1l11l11mlll11111lllll11l1llllI11II11I1I1I11I11I1I11I11I11UlI1ll1/
s OFFICIAL SEAL 5
l!l 0-';,<' VI. FERMANICH jig "1 ' • ., J;'ll NOTARY PU~i.".· CALIfORNIA i!§ J : :o....'~ CITY Al'4D r.~UNTY Of 5 • .'::. . ~.~ SAN FRA"'1r.ISCO = e ;.~ MY CGIJIMISS1QH txPIRU OCT. 24, 19'51 -; ~rnllllllllll1mlllI1I11II1111111111111111t1111111111ImI1I11III11I11II1A1lI1J11III11I1
" ,
815-42HI 9-79
, . •
Onlhis __ "-3.:.r..;.d ______ daVOf July 19 81.beloreme.
_____ ...::T..: • ....:A::.:...;F:.E:::RMAN==:..:I::C:::H::... ______ • ~ N01ary Public in and for stud
___ -'S:::AN=....:F.:;RAN="C"'I:.S=C"O'-___ County. 51 ... aforesaid. residing therein. dulV
commissioned and sworn. personally appeared LAWRENCE J. COYNE
_:-:-:-_..,-_:-:-_____ ,-known to me to be the person whose name 15
subscribed to the Wtlhin instrument 85 the attorney in fact of
EMPLOYERS INSURANCE OF WAUSAU A M.,ual Comp.ny
and acknowledged to mo 'hat he subscribed the name 01 EMPLOYERS INSURANCE OF
WAUSAU A Mutual Company thereto 85 Surety. and his own as attorney In fact,
IN WITNESS WHEREOF, I have hereunto set my hand and affut;ed my official seal,
SAN FRANCISCO at my office in the said county of __ -:-____________ _
and Vear in Ihis certificate first ::-?,en. ~~==~
the day
NOlary Public in end for the county of __ -"S"AN"'---'F-'RAN=!OC~IO!S'"C~O"-_____ _
State of __ C.::A:.:L::.I:::F:..:O:.:RN=I::;A=--___ _
My commission Blqlires ____________________ _
, ;. Ldhor und H.::&terilll llond .,. Page 2
hnd the said Suret.y, for value received, hereby stipulates, ,md agrees
that no ch~l1t;Q, extension of time, alteration or addition to the tC1:ms of
the contr.::&ct or to the work to be pcr'formed thereunder or the speCifications
accomp.::&nying the Same shall in nny wise affect its obligauions on this bond.
and it does hereby waive notice of any such change. extension of time, alter-
ation or addit:ion to the terms of the contract or to the'work or to the speci-
fications.
(To be signed by
Principal and Surety
and ackno,>ledgment
and notarial seal
attached.)
, EXECUTED IN DUPLICATE f •
Pnncipal. -/d' P'd t LoUIS H. Sa.l Ivar, resl en
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
,Surety
By:'&Z~g~
Attorney-in <act
Lawrence J. Coyne
The above bond is accepted and approved this ____ d,ay of
________ , 19
, ,
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On , 19 ___ , before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNO~~EDGEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On , 19 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
________________________________________________________________ , known to me
to be the of , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named.
and acknowledged. to me that such Corporation executed the same.
IN WITNESS 14HEREOF. I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
=-=--...... -~ .. ---:--=--..,....----Notary Public in and for the County
of Santa Clara, State of California
•
lCIVICUJl1:.n..::J II~I'V"'U~ '\JI •• ra.I.....-wu."\ IYIUIl,IQI YVtltfo'al',
POWER OF A'n'OP.NEY
KNOW ALL MEN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Comt:',\ny, e corporation duly organi~ed and
w6ting under the laws of the State o(Wisconsin. and having its prindpal office in the CityofWallB3u, County
of Marathon. State of Wisconlllin, haa mad*li conatltuted and appointed, and does by these presenta make.
constitute and appoint Lawrence J. ....orne ... __ _
ita: true and lawful attomey·in·fact. with (ull power and authority hereby conferred in its namet place and
atead, to execute, seal. acknowledge and deliver "
any and aU bands. undertakings, recognizances or other written obligations in the nature thereof· ....
Not to exceed the penal sum of five million dollar. ($5,~OO,OOO).
and to bind the corporation thereby aa (ully and to the aame extent as i( such bonds were aiped by the
prQidtnt, sealed with the corporate seal of the corpon.uion and duly attested by its secretary herebyrati{ying
and confirming aU that the .aid attorney·in~fact may do in the premises..
This power of attorney is granted pursuant to the following resolution adopted by the, Board of Directors of
said Company ata meetingdulycctlJedand held on the lSthday of May. 1973. which resolution iuliU in effect.:
"RESOLVED. ihnt the Pre$ident and any Vice President -elective or appointive -of EMPLOYERS INSURA.~CE OF WAUSAU A Mutual Company be. and that each of them hereby ie. authorized to
execute powers of \lttomey qua.lifying the attorn~y named in the _given power of attorney t.o execute on
behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bend., undertaking •• nd all
contracts of suretyship; and that any secretary or assistant secretary be, and that each or any of them here~)I: is. authorized to attest the ex.ecution of any such power of attorney, and to attach therelO the seal of EMPLOYERS INSURANCE OF WAUSAU A Mu'ual Company.
"FURTHER RESOLVED. that the signatures of such officers llnd the seal of EMPLOYERS
INSURANCE OF WAUSAU A Mutual Company may be affixed to any suchpowerofattomeyortoany
certificate N:!lating t.hereto by facsimile, and any such powllr of attorney or certificutoe bearing such
facsimile algnat.urY and facsimile seal shall be vaiid and binding upon the EMPLOYERS INSURANCE
OF WAUSAU A Mutual Company when eo affixed and in the future with I'e!!pe<:t. t.o any bond,
undertaking or contract of 8uretyship to which it is attached."
IN WITNESS WHEREOF, EMPLOYERS INSURANCE OFWAUSAU A Mu,uaICompanyhascausedthe ..
presents 10 be ~ed by the vice president and attested by ita ~retary. and its corporateaeal to be hereto
affixed this lZtn day of Febx:uary • 19_tlu_.
STATE OF WISCONSIN )
Jos. COUNTY OF MARATHON)
INSURANCE OF WAUSAU A Mutual Company
Vice President
On t1!s 12th da/of Februarx.. _.. .19 80 . before me personally came
" J t 8aumE ... , to me known. who being by me duty sworn. did depose
and say that he-is: a vice president of the EMPLO~'''SRS INSURANCE OF WAUSAU A Mutual Cumpan". the
corporation described in and which executed the So. ;we instrument; that he knows the seal of said corporation; that the seal affixed t.o said instrument 1s such rorparate seal and that it waS80 affixed by orderoCthe Board of
Directors of said corporation and. tho\1t he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day a.nd year herein
first abov~ written.
STATE OF WISCONSIN
CITY OF WAUSAU , ...
COUNTY OF MARATHON,
7J"?
CERTIFICATE
NANCY L. ZIMBAUER
NOTARY PUBl.!C
STATE O~· WISCONSIN
Ny Commiesioo E.lj>ireo Fobnw:y 21, 1913
I. ,h. und .... igned, vice president of EMPLOYERS INSURANt.:E OF WAUSAU A M ..... I (A,mpuny, a
Wisconsin corporation. do hereby certify that the foregoing and attu(·hed J)Qwer of aUomt<y remains; in full
force llnd hl1& not been revoked; and furthermore that tht"l'esoiutiunofthe B.18rd o!I),rec;tors set furth in tht"
power of attorney is still in fort'e.
Si~nd sealed in the City or Wausau, Marathon cuuntY~'=f W' in, ,hi, -July , 19.Jl.l... ~
;;."'-' ({f'~'. ~l R. R. 'Klein SR. Vic~ PreIJidt!nt
" SEA •
3rd day of
~