80-038 Calhoun Brothers, Stelling Rd Extension Project No. 80-22 L • '-
iCittj of Cupertino
10300 Tone Avenue
Cupertino, California 95014
Telephone (408) 252-4505
July 29, 1980
Calhoun Brothers
305 Willow Hill Road
Los Gatos, CA 95030
CONTRACT FOR PUBLIC WORK
We are forwarding to you for your files a fully executed copy by City
Officials for Contract for Public Work between the City of Cupertino
and Calhoun Brothers.
Sincere
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC:so
CONTRACT FOR ?USLIIC VOR:{
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CONTRACT made on July 28,-1980•
by the CITY OF CUPERTI_NO, a municipal corporation of the State
of California, hereinafter called the City, .and L
CALHOUN BROTHERS •
hereinafter called the Contractor. •
IT IS HEREBY AGREED by the parties as follows : •
'l The Contract Documents . The complete Contract con-
sists of the following contract documents : [
1. The plans and specifications entitled "Stelling Road
Extension, Project 80-22".
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2. Various bond and insurance requirements .. •
3. Bid Proposal attached hereto as' "Exhibit A".
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Any :tnd all obligations of the City and the Contractor ars fully
set forth and described therein.
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
cf said documents . The documents comprising the complete con-
tract are sometimes hereinafter referred to as the Contract Docu-
ments . In case of conflict between the Plans and Specifications
on the one hand, and this Contract on the other, the Plans and
Specifications shall prevail.
2. The Work. The Contractor agrees to furnish all of
the tools , equipment , apparatus , facilities , labor, transporta-
tion, and material necessary to perform and complete in a good
and workmanlike manner, the work of
STELLING ROAD EXTENSION, PROJECT 80-22 •
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as called. for, and in the manner designated in , and in strict
. • conformity with , the Plans and Specifications prepared by the
following named person:
Bert J..Viskovich, Director of Public Works
and adopted by the City , which Plans and Specifications are en-
titled, respectively ,
Stelling Road Extension, Project 80.-22
and which Plans and Specifications are identified by the signa-
tures 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 :
• Bert J. Viskovich, Director of Public Works
• 3. Contract Price . The City agrees to pay , and the
Contractor agrees to accept , in full payment for the work above
agreed to be done, the sum of.
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Twelve Thousand Four Hundred. Sixty-Five Dollars ($12,465 .00)
subject to additions and deductions as provided in the Contract
Documents .
4 . Disputes Pertaining to Payment for Work . Should
any dispute arise respecting the true value of any work done ,
of any work omitted,tt'ed, or oI' 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
the parties , or in accordance with the rules of the American
Arbitration Association if the parties are unable to agree .
5 . Permits ; Compliance with Law . The Contractor shall ,
at his expense , obtain all necessary permits and licenses , ease-
ments , etc . , for the construction of the project , give all neces-
sary 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 . Insbection 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
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:,Therein the work is in preparation . Where the Specifications
require work to be specially tested .or approved,. it shall not
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be tested or covered u'p without timely notice to the City of
its readiness for inspection and without the approval thereof
or consent thereto by the latter. .. Should any such work be
covered up without such notice , approval , or consent , it must ,
if required by the City , be uncovered for examination at the
Contractor' s expense .
7. ' Extra or Additional !Mork and Chanes . Should the
City at any time during the progress of the work require any •
alterations , deviations , additions or omissions from the Speci-
fications or Plans or 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 maybe , by a fair and reasonable valuation, which valuation
shall be determined either by reference to the unit prices , if
applicable , or in accordance with the agreement of the parties ,
or in accordance with the rules of the American Arbitration
Assocation if the parties are unable to agree . No extra work
shall be performed or change be made except by a written order
from the City , duly authorized by - resolution of its governing
• body , and by all agencies whose approval is required by law ,
stating that the extra work or chance is authorized, and no
claim for an addition to the contract sum shall be valid unless
so ordered. •
8. Changes to Meet Environmental Recuire:.^"ents . The •
City shall have the right to make changes in this Contract
• during the course of construction to ' br'ng the completed im-
provements into compliance with environmental requirements or
standards established by state and federal statutes and regula-
tions after the Contract has been awarded or entered into . The
Contractor shall be paid for by such changes either by reference
to the ,unit prices , if applicable , or in accordance with the
agreement of the parties , or in accordance with the rules of the
American Arbitration Association if the parties are unable to
agree .
• 9 . Termination , Amendments or Modifications . This
Contract may be terminated, amended or modified, with the mutual
consent of the parties . The compensation payable , if any , for
such termination , amendment or modifications , shall be deter-
mined either by reference to the unit price , if applicable , or
in accordance with the agreement of the parties , or in accordance
with the rules of the American Arbitration Association if the
parties are unable to agree .
10 . Time for Comoletion . All work under this Contract
shall be completed •
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before the expiration of Twenty-Five (25) working
days from the start of the contract.
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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 ,
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or by strikes , lockouts by others , fire , unusual delay in trans-
portation , unavoidable casualties or any causes .beyond the Con-
tractor' 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 dam-
ages for delay by either party under other provisions in the
Contract Documents .
11. Inspection and Testinz of Materials . The Con-
tractor 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. Terminationfor Breach , etc . If the Contractor
should be adjudged a bankrupt , or if he should make a general
assignment for the benefit of his creditors , or if a receiver
Should be appointed . on account of his insolvency , or if he or
• any of his subcontractors should violate any of the provisions
of the .Contract , the City may serve written notice upon him and
his surety of its intention to terminate the Contract , such
notice to contain the reasons for such intention to terminate
the Contract , and, unless within ten days after serving- of such
. notice , such 'violation shall cease and satisfactory arrangements
for 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 Contract ; pro-
vided., 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 ex-
cess cost occasioned by the City thereby , and in such event the
City may , without liability for so doing, take possession of,
and utilize in completing the work , such materials , appliances ,
plant and other property belonging to the Contractor as may be
on the site of the work and necessary therefor.
13. The City ' s Rizht to Withhold Certain Amounts and
Make Application Thereof. In addition to the amount which the
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City may retain under Paragraph 21 of this Contract until the
final completion and acceptance of all work covered by the Con-
tract , the City may withhold from payment to the Contractor
such an amount or amounts as in its judgment may be necessary
to pay just claims against ,the Contractor or any subcontractors •
for labor and services rendered and materials furnished in and
about the wore'. The City may apply such withheld amount or
amounts to the payment of such claims in its discretion. In
so doing, the City shall be deemed the agent of the Contractor,
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and any payment so made by the City shall be considered as a
payment made under the Contract by the City to the Contractor ,
and the City shall not be liable to the Contractor for any such
payment made in good faith. Such payment may be made without
prior judicial determination of the claim or claims .
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 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 Mana-
ger 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 Contrac-
tor, 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
305 Willow Court r
Los Gatos, California .
postage prepaid and Certified; and (c) if the notice is given to
the surety or any other person , either by personal delivery to
such surety or other person, or by depositing the same in the
United States mails , enclosed in a sealed -envelope , addressed
to such surety or person, as the case may be , at the address of
such surety or person last communicated by him to the party
giving the notice , postage prepaid and certified.
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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 ap-
proval of the City.
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16 . Compliance with Specifications of Materials . When-
ever in the Specifications , any material or process is indicated
or specified by patent or proprietary name , or by name of manu-
facturer, 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.
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17. Contract Security . 'The Contractor shall furnish
• a surety bond in an amount at least equal to one hundred per-
cent (1005 ) of the contract price as security for the faithful
performance ,of this Contract . The Contractor shall also furnish
a separate surety bond in an amount at least equal to one • hundred
percent (1005 ) of the contract price as security for the payment
of all persons for furnishing materials , provisions , provender,
or other supplies , used in , upon, for 9r 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 Cpde 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
under this paragraph and such insurance has been approved by the
.• City , nor shall the Contractor allow any subcontractor to com-
mence work on his subcontract until all similar insurance re-
quired 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 Con-
tractor' s coverage to include the contractual liability assumed
by the Contractor pursuant to this Contract and particularly
'Paragraph 19 hereof. Any policy of insurance required of the
` Contractor under this Contract shall also contain an endorsement
providing that thirty ' ( 30 ) days ' notice must be given in writing
to the City of any pending change in the limits of liability or
of any cancellation or modification of the policy.
(a) Workmen' s Co:mpen_sation Insurance and Em-
ployer' s Liability insurance . The Contractor shall take out
and maintain during the life of this Contract Workmen ' s Compen-
sation insurance and Employer' s Liability Insurance for all of
his employees employed at the site of the project and, in case
any work is sublet , the Contractor shall require the subcontrac-
tor similarly to provide Workmen' s Compensation Insurance and
Employer' s Liability Insurance for all of the latter' s employees
unless such •employees 'are covered by the protection afforded by
the Contractor.
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In signing this Contract the Contractor makes the fol-
lowing certification , required by Section 1861 of the Labor Code :
"I am aware on the provisions of Section
3700 of the Labor Code which require. every em-
ployer to be insured against liability for
woricmeh ' s compensation or to undertake self-
insurance in accordance with the provisions of
the code , and I will comply with such provisions
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of this contract . " •
(b ) Liability Insurance . The Contractor shall
take out ana maintain during the life of this Contract such •
Bodily injury Liability and Property Damage Liability Insurance
as shall protect him and any subcontractor perforr„ing work cov-
ered by this Contract from claims for damages for bodily injury ,
including, accidental death , as well as from claims for property
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damage , in 'cluding third-party property damage , to include . coy- L
erase on property in the care , custody and control of the Con-
tractor, and also in -cluding what are commonly known as the "X,
C , and U" exclusions (having to do with blasting, collapse , and
underground property damage ) , which may arise from Contractor' s
operations under this Contract , whether such operations_ be by
himself or by any subcontractor or by anyone directly or in-
directly employed by either of them and the amounts of such in-
surance shall be as follows : •
Bodily Injury Liability Insurance in an amount
not less than $ 300,000 .00 for injuries , L
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
• $ 200,000.00 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 ex-
cess insurance only .
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(c) Fire Insurance . The shall
take out and maintain' for the benefit of both parties to this
Co -act insurance covering loss by fire , extended coverage en-
dorseme perils (windstorm, hail , explosion , ri , _lot attending
a strike , ci ' commotion , aircraft , vehi , smoke ) , and van-
dalism and malicio •.ischief upon the _ .tire structure on which
the work of this Contrac 1 to sone to one hundred percent
(100% ) of the insurable va - -=• f. Proper evidence of such
insurance shall be - shed to the . If the 1
City provides ` - fire insurance hereunder, a • ' e Contractor
desires e •ader protection than the perils of loss fi fi-re, ex-
ten•ed coverage endorsement perils , and vandalism and malic cus
is Supply in or ex, as the case may be , in the blank .
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. mischief, the City will attempt to obtain such broader protection
and the Contractor agrees to pay any additional cost for such
broader protection.
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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 in-
jury or damage to property sustained by any person or persons by
reason of, or in the course of the performance of said work , or
b.y 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 . Not:rith-
standing the above , the Contractor shall wherever it is necessary
keep and maintain at his sole cost and expense during the course
of his operations under this Contract such warnings , signs , and
barriers as may be required to protect the public. The provisions
of the preceding sentence shall not impose any liability upon
the City and are for the express benefit of the general public.
20. Hours :of Work. Eight hours of labor during any
one calendar day and forty hours of labor during Any one calendar
week shall constitute the maximum hours of service upon all work -
done hereunder, and it is expressly, stipulated that no laborer,
workman , or mechanic employed at any time by the Contractor or
by any subcontractor or subcontractors under this Contract , upon
the work or upon any part of the work contemplated by this Con-
tract , shall be required or permitted to work thereon more than
eight hours during any one calendar day and forty hours during
any one - calendar week, except , as provided by Section 1315 of
the Labor Code of the State of California, work performed by
employees of contractors in excess of eight hours per day and
forty hours during any one weekshall 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 . o£ Sections 1311-1315 , inclusive , of the
Labor Code of the State of California, all the provisions where-
of are deemed to be incorporated herein , the Contractor shall
forfeit , as a penalty to the City , twenty-five Dollars ($25 . 00 )
for each laborer, workman, or mechanic employed in the execution
of this Contract by Contractor, or by any subcontractor under
this Contract , for each calendar day during which said laborer,
workman , 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 showing the names of and actual hours worked
each calendar day and each calendar week by all laborers , work-
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men , and mechanics employed by him in connection with the work
• . contemplated by this Contract , which record shall be open at
all reasonable hours to the inspection of the City or its offi-
cers or agents and to the Division of Labor Law Enforcement of
the Department of industrial Relations of the State of California.
21. ,Faze 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 in the locality in
which this work is to be performed , for each craft , classifica-
tion, or type of laborer, workman , or mechanic needed to execute
this Contract . The prevailing wages so determined are set. forth •
• in the Specifications and made a part hereof. Neither the notice
inviting bids nor this Contract shall constitute a representation
of fact as to the prevailing wage rates upon which the Contractor
or any subcontractor under him may base any claim against the
City .
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It shall be mandatory upon the Contractor, and upon
any subcontractor under him, to pay not less than the said spe-
cified rates to all laborers , workmen, and mechanics employed
in the execution . of the Contract . It is further expressly sti-
pulated 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 . stieulated. prevailing rates for any work done under
this Contract by hi:n or by any subcontractor under him; and Con-
tractor agrees to comply with all provisions of Section 1, 775 of
the Labor Code. •
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In case it becomes necessary for the Contractor or any
subcontractor to employ on the project under this Contract any
person in a trade or occupation (except executives , supervisory ;
administrative , clerical , or other non-manual workers as such ) ,
for which no minimum wage rate is herein specified, the Contrac-
tor shall immediately notify the City , who will promptly there-
after determine the prevailing rate for such additional trade
or occupation and shall •furnish the -Contractor with the minimum
rate based thereon. . The minimum rate thus furnished shall be
applicable as a minimum for such trade or occupation from, the
time of the initial employment of the person affected and during
the continuance of such employment .
22. Accident Prevention . Precaution shall be exer-
cised at all times for the protection of persons (including em-
ployees ) and property . The safety provisions of applicable laws ,
building and construction codes shall be observed. idachinery ,
equipment , and other hazards shall be guarded or eliminated in
accordance with •the safety provisions of the Construction Safety
Orders issued by •the Industrial Accident Commission of the State
of California.
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23. Payment . Not later than the 15th day of each L
• calendar month , the City- will make partial payment to the Con-
. tractor 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 V 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
c-f 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 evi-
denced 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 Z) of said contract
price so held back as provided; said certificates to be furnished
by andobtained from- the City ' s representative stating that the
payment or installment is due upon the basis of work completed •
and the 21'nOunt then due and the City ' s representative shall , be-
fore the 15th of each month , deliver said certificates ander 1r
his hand to the City , or in lieu of such certificates , shall de-
liver to the Contractor, in writing, under his hand, a just and
true reason for not issuing the certificates , including a state-
ment of the defects. ', if any , to be remedied, to entitle the
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Contractor �`_� �._.: 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 . •
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In case the City ' s representative delivers the writing
aforesaid, in lieu of the certificates , then a compliance by the
Contractor with the requirements of said writing shall entitle
the Contractor to the certificates .
The payment. of progress payments by the City shall not
be construed as an absolute acceptance of the work done up to
.the time of such payments , but the entire work is to be subjected
to the inspection and approval of the City , and subject t0 what-
ever inspection and approval may be required by law.
• 24 . Protection of Public Utilities . The City shall
be responsible , as between the parties to this Contract only , for
the removal, relocation , or protection of existing public utili-
ties , 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 .
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Tile City shall compensate the Contractor for costs incurred in
relocating or repairing damage to utility facilities not indi-
' cated in the Plans and Specifications , other than service lat-
• erals when the presence of such utilities on the construction
site can be inferred from the presence of such visible facili
ties as buildings , and meters and junction boxes on, or adja-
• cent to , the construction site . The Contractor shall not be
assessed liquidated damages for delay in completion of the Con-
• tract project , . as provided in Paragraph 27 below , when such de-
lay 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 dis-
covers utility facilities not identified by the City in the Con-
tract Plans and Specifications , the service laterals as herein-
above 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. NEVER-
THELESS , the Contractor shall , if the insurance premium is a
separate bid item, obtain the insurance to indemnify the City •
for any damage to the work caused by an act of God. "Acts of
God" shall include only the following occurrences on conditions .
and effects: earthquakes and tidal waves , when such occurrences
or conditions and effects have beer. proclaimed a disaster or
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state of emergency by the Governor of the State of. California
for 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 build-
ing, work, or equipment or any part thereof, or in , on , or about -
the same during its construction and before acceptance .
26. Contractor' s Guarantee . .The Contractor unquali-
fiedly guarantees the first-class quality of. all workmanship and
of all materials , 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 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 defect or defects without cost to the City .
27. Liquidated Damages . Time shall be of the essence
of thi's Contract . If the Contractor fails to complete , within
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the time fired for such completion , the work hereinbefore men-
tioned and described and hereby contracted to be done and per-
formed, he shall become liable to the City for liquidated dam-
ages in the sum of Fifty Dollars
dollars (3 50.04 ) , for each and every day during which
said work shall remain uncompleted beyond such time for comple-
tion or unlawful extension thereof, which sum shall be presumed
to be the amount of damage thereby sustained by the City since
it :could be impracticable or extremely difficult to fix the
actual damage ; and the amount of liquidated damages may be de-
ducted 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 successors at the
time of completion , and his sureties shall be liable to the
City for any excess .
28. Additional Provisions .
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IN WITNESS WHEREOF, the parties have executed this
Contract , in duplicate , the day and year first hereinabove
written.
APPROV"l/AS 0 Fa ‘1/43 / CITY OF IUPERTINO, a municipal
/ye„,
/ California , the Se of
CaliSornia, herein called
1 • ,A the City
C' y Atto n_:
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BY 4Y het /' •• R( 11LA.
-- • • `-Mayor
ATTEST: -
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City Cleric
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• GALrHOO.14 BRos . GRADING PAv0\6
• • herein called Contractor
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• By .Q .l ` n 9-V.9-2H . �t
C
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Notary acknowledgment required.
If a corporation, corporate seal '
and corporate notary acknowledgment •
•
required.
•
•
•
•
•
-13-
• STATE OF CALIFORNIA )
. ) ss.
COUNTY OF SANTA CLARA)C:lx-e-
On ..P, , 19k, before me, the undersigned, a
• Notary Pu' ,cKin and for said State, personally appeared
known to/ e-to be the persons whose names a14 subscribed to the within
Instrum nt, and acknowledged to me that they executed the same.
•
WITNESS my hand and offi5 ,,,Neal.
�BIIIIIIIIIIi1RIp11111166111111191GA I_ SEA L
• - OFFICIAL
> JANET R. 06ERG
TARY PUBLIC
CALIFORNIA 3 �)
• NO /f`/'.'
PRINCIPAL OGFICF IN THF • ,
•
/TCOti NTY OF SANTA CLAS 51
• Comm.E%P•Jan. 24, 1953
*to tary ublrc�ia and for the Es o my
/nmlulllnnelnnlFlnmurmlFlnnelnulcennls� f $2 a Clara, Stare of Califr{a
CORPORATION ACENOWIEDGMENT
STATE OF CALIFORNIA ) •
) ss. '
COUNTY OF ..ANTA CLARA) ,
. On ' , 19_, before me, the undersigned, a Notary
' Publicin 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
•
sit .nsoaosa . -
•
•
• S•Z/saeTToa
C'LJ VA )L. dv✓ T
ao: adrldmod
uo-:rasaaad epsa2ons pus 2uTpra2
'110T:rAr:3:e :aea:s TTr apT_r.cac mns dmr.Z
r
• S'1/s2sTT0C
Co—
- ao_ auaTdmoa $u ggn.z2
pas 2uTareTa apTnoac mns dmnq 'T
• 'T IOI 30134 ItsII no Tan
IIt 1 - .flflNE'ntl aIS
a3InnnaI s3
TTuanoD Arm at;: 3o uoYuaaaTp
aq: us? eTgrTTenr are saTuom 3? papas/se aq TTT' sa2rts1e:Te aAT:TPPF
'sPTq TTe a0 bur :uacaa 00
zu.2Ta at : san2asaa TTauno0 A:TO PIP '22&/.04 :;eppTq :sar.OT o: eq TTens
palmy •paaTnbaa ET pTq eseq eu: ;o %OT 3o =moms etp uT puoq pTq F
•aaauT8u3 eq: dq .Caessaoau pameap eq Amu
SE =EMT :TU0 0: 20 yaor. etp ;o tvoT:aod 30 sEBTo 30 dun= alp asraauap
ao esraaouT o: :g2Ta etp sanaasaa f:TO eta •TToanoD £ T3 etp Lq spTq
ao uosTardmoa aog sTsrq etp eq TrTm uoTsua:xe sTMT, 'pTq sauTid :Tun
au: :o uoTSUau$a at;: ao; -stseq a se aa&T2 8utaa 'ATuo sa:smz:sa aas
aoTaq amus saT:T:urnb etp :e$: spus:saapan osis pau2Tsaapun etn.2
•aeauT2u3 drTO etp Lq Pa:rTndT:s sparpusus aip ao/pur
s:uamaaTnbaa paTpogma alp paaoxa 20 dean TTTm pus aatturm a51TTdTgsuem>p ora r uT
euop eq TTT's 5120/: TTY •dg2nos eq TTTrs aoTussuadmo: t2uxa ou pus pTq
saoTad ac: uT papnTouT ET „dnuraTo„ se ram Sr saoTasasdead £ressaaau
In • s sTd ao/pus suoTdrVT3TaadS asp aT pauTT:no se sa:urua:andds
par suuemanoadmT dezaus 3o uoT:vTTn:suT atp eq TTBMs )j20P1 at11
•
•aTnpatps paueaodaoatn etp
uo u}aaat; tpao; :as surname aqa 20; surra 20/pur 9u0T:VDT3Taads atp
q:Tm aourpao3Vr uT 51aon pTss atp a:aTdmoo 0: paaTubaa )1204 TTr op o:
asodoad 6gaaaq put s:uamaaTnbaa Tesodoad asp praa anti I date aar-uap
6gaaaq 'pauZTsaapun atp 'I 'ZZ-O9 :aacoaa '„aoTsua:513 peog 2uTTTaas.1
ay: 203 pagsTuan3 suoT:raTfTaads 'pus susTa atp tPT.n autteTTdmoD uI
:2TS saga
VIMO3I'IVD 30 SIMS 'OKIIE3a.. 30 ZIIO 'mom 0I'IHIIa 30 1I0=EIC 3&I. OZ
1211-53 3 ZZ-os I03roaa - NOISMIX3 Qvo8 orris •
WSOJO?IJ GIs
•
ESTIMATED
BID QUANTITY UNIT
ITER UNIT ITEM PRICE TOTAL
3. 1,360 S.F. Provide and install street
pavement including asphalt
concrete, aggregate base. material,
prime coat and tack coat complete
for 7-6-1c) dol Ctrs n.x-O
-4 4dy ryy..6.5 /s.F. S
Dollars/S .F.
4. 180 S.F. Provide and install street
pavement including asphalt concrete
and P.C.C. base complete for
T1 ctollcWS COnct Ze 5 r22 ��CO
rem /S .F. $ _"
• Dollars/S .F.
5. 210 L.F. Provide and install concrete curb
including 1/2" dowels and
longitudinal bars complete and in
place for inrce cdA0.3
and vt 550
/L.F. $ / 052
Dollars/L.F.
•
6. 210 L.F. Provide and install 2" x 6" rough
redwood headerboard complete and
in place^or '{ `V o CdOl l avC
cl.v-'c( - ; ±--k / C'r*c En
/L.F. S SGS --
Dollars/L.F.Dollars/L.F.
•
•
TOTAL S 11 — 5--
•
•
•
PROPOSAL 2/5
PI
A. BID DOCUMENTS, continued
BIDDER QUAL 'ICATIOY FORM
In further compliance with the specifications furnished, the undersigned
submits the following statements as to his experience and to his qualifica-.
• tions 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?
(2) How any years' experience in work comparable with that required
under the proposed contract has your organization had by this or
any other came?
(3) Contractor's License !To. No 322,325 , State of California,
Classification C. - I a
(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 years.
Year Class, Location of '.work and , for 'Thom Performed Contractr _mount
,YJ_ '±L� .rrlo-k C-ren-I- Alter-ice �. s I( Meg
` 0' ''r11-4; P' Idre1 •Cypress Ave, SET- fn
'AA ets-61.- Cj iso - W F US B¢-6-o ` KS3/obo 2?
G I o0
30 '� i*s ti w C l4r- L' EIIS Rl� 12Ak,4 - �, 7 6SD
0` Dl �tL Lz.F -131 Vr 1,CW Helm: - Vitt t.PI; s 1080° `x'
200
••
Name of Proposed Sub-Contractor. if any
(Section 4104 Government Coda)
1. C-7,4 RCI A CONCPEYE
2.
3.
4. • •
-
5. •
•
6.
Address of Shop or Office of Sub-Contractor
• (Section 4104 Government Cade)
1. 1.35 Vie I mr-rs-1--' 4 c , acn lose a 5 2.7
•
2.
3.
•
4.
5.
6.
Work to be perfor=ed by Sub-Contractor
(Section 4104 Gover...^..ent Code)
1.
1 its Al L EX4r-uded CU(I) k rcregastQtsr
2.
•
3.
4..
Sr
6.
PROPOSAL,; Page- 4/5
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP,
'STATE THE FIRM NAME AND LIST"THE :LAMES OF ALL INDIVIDUAL CO-PARTNERS
COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
' ALSO, NAMES OF PRESID rT, SECRETARY TR.FASURER AND MANAGER. THE CORPORATE
' SEAL MUST BE AFFIXED.
TYPE OF BUSINESS: Individual
•
Co-Partnership CALHOUN EQOg. -' JONN CAll4Oui1, Kober# Ca ton• t
Len- C4irLSJn
• . Corporation
• L .
• Joint Venture
•
Other
(describe)
NA.E AND •
SIGNATURE OF 3IDDEP:
-M—A-4N T CALMOUKL
r C
d QL,,O
•
305 l.l. unw Kill Cr+- •G.
J l (JYLQ . lye1
Address
Date
Addenda 3•.ceive&: D -
1 2 3 4 5
Provosal ?age 5/5
F,
ATTORNEY-IN-FACT AFFIDAVIT
'STATE OR COMMONWEALTH OFIt
California
COUNTY OR CITY OF
San Francisco les:
•
k Before me, a Notary Public, personally came J. F. Hallisey
known to me, and known to be the Attorney-in-Fact of United States Fidelity and Guaranty Company, a
Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signs-
, ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order
and authority of said Company's Board of Directors, and that the execution of the attached bond is the
free act and deed of United States Fidelity and Guaranty Company.
Given under my hand and seal this 11 a day 000ff/ June _, 19 80 .
iMy
. a h ,cA2.��i�e-cJBILLIE M. RICHARDS Notary Public.
4 , ON Commission expires NOTARY PURLIC - CALIFORNIA
a.876 (9-57) p ,ro`• CITY 9 COUNTY-0F SAN FRANCISCO
..e:m: 14?;,:,,'i+'�. �ti:��=.tt '«9t Fn'?.. Hr uj.iit. . ,1_I), lY't�;;t, ss€r/ § tlai s , "1"11%. ;\ ¢;ate W5.::;, sw
e _. Tt ~
s::r40EIITY,44 1
4'11 : L NTED STATES EIDEL n . � �i i l .ARANTY COMPANY
St' �1'ii
o ipaoy)
W ==a
Iii BID BOND
Vil
BOND NUMBER 73-0120-236-77
a
KNOW ALL MEN BY THESE PRESENTS:
>r_
1. THAT Valley Slurry Seal Company
lb of
as Principal , and UNITED STATES FIDELITY AND F'3
City of Cupertino ,,.,
i.
GUARANTY COMPANY, a Maryland corporation,as Surety, are held and firmly bound unto ';
.
01
Ul r.N :
as Obligee, in the full and just sum of '
+a Ten Per Cent(10%) of Amount BidDollars,
C_:j
i E:-3
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns,jointly and severally, firmly by these presents.
14 :al
WHEREAS, the said Principal is herewith submitting its proposal .4
FTO ag
,r
Street Maintenance — Slurry Seal Project No. 80-55
Ai it?
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will,within the
v^
-� time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of -
14 it;Ti
1-1 the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between %I,
""' the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work i' ;
kT4
if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum. hereof. `=
rhi f
Signed, sealed and delivered June 11, 1980
(Date) "`
Valley Skurry Company (SEAL)
low :I
x. • NiL
doos (SEAL)
t' By:.1: .NET...REEU a
=; Vice Presided ST • S FIDELITY AND GUA NTY COMPANY EII.
_
„_ \sr r
JfHallisey f _Attorney-in-fact
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(Pa2BTS) (RV3s)
asnog •H gaagou
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lunoD n'8ulaq owns aqi '[7!D',azomnjeg;a;mop souadusay; jo ten nil xg)o ppe'ping Ant las olaza4.j '/oafaydf uoui)2ray of
•aaiuu2!e aumuaH alq;aq of amleu2ls alp anagaq,Alpe°pun'NwoN,
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Gip jo 3ggnd [noioN a eulop oa:jo,awn aille!eaM 'awese!q pail-Rasps otaiain seq ow; pue 'apnut..am. elieepgje pupae aqi wow&
ato;aq:'nimbus ' q.Sanf '{Q. 4aru8213W: yip aguaa Again' op 'leas n seq pue •psoaag Jo atop
t 51*110)goigM 'Air) azomnivs jo ttuoo aopadns sip Joll$b ' a,s ll o g H ;a a q ou 'I
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2aplsazd9OlA s0 .apso um Aq olaza11i semen alagrpautls.Aatp yell pun 'aonwodaoa pies Jo anoiOaitQ.;o pieug a11.jo ipso Aq pang os
sets Ii.2892 'pas einlod.oD.113119 eats Lemony Jo saMod pies o1 paxgja lean cup legs :uolleiodsoa pine ;o was aq1,teams ton Any ilii
:Lauion jo."mud 2m02a1o;91(2 palfaasa g3tq pull lit pagpasap uuileadmo ag2'ANVdWo3 1LLNVUVI19 new ASPIaaId suns
Q31INa pins 041 jo! Anliamas, lueisissy aqi puny luopisazd•°37A aqi Llanpaadaa: avant P.a S83 •g -cavil.oTN pun
a u o O g 'j+1 s a T a8 40 pies 942 may;lug;pies 'moue Sjnp Ageiasas am Aq 9uiaq oqM 'palalonbae Ajjeuon:ad inn J lumps
p grog Tits 'Medwo3pies jo [ielarous'm82gissy ' £0-.s80 'II 101401W Put ANVdWOD
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159 1 'AID 3)101411.1.1141( "QNV'IAHVW .10 3,LV.LS
•An•.•4maf3ag mum,
.....•.•. (POueTS)
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yuapenfdwsld:
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'ANVdWOD A.NVHVf19 CNV .amm Su.V:W cumin
LL 61 '0 V ' aagwa;das
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ptss a44 Pus 112IE3I '0 •I/ piss a4q Pus £asITTsH ',3 •2 PTEs 343 3o auoBas
mitst- neaoalg9M pus Ho as 113800 pug aagnw/gang 21023311Q 10 pivot{ e11'en 9gnoiyi 'ANVdWOD :LSNVIIVQ9 USW A,L1I3QLd
SaLVYS iT31INQ Plea 241 pue [aua2V Io 10M0d slip 3°yad a spew spur pazauan 029104 01 yolgM p Moo paglua3 n 'ANVdW00'
A.GNV1iVI12:CNV AZI73QI3 S31V1S'Q31INN pin aqi ;o.Gamma jo mama aqi jo uotinjosaz all ut quo; las.588!4) pun nuu au
pint Ann uuopad pun,op olanpoadaaz of pun•apuoq He pan Ann 92paiewmiae pue jun 'amauxe of•pue '02.hams in amsu s31.8815 01
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AdOD ciaiil L laD '
•
COPY OF RESOLUTION
That Whereas,it is necessary for the effectual transaction of business!that this Company appoint agents and attorneys with power
and authority toact for it and in its name in States other than Maryland, and in the Territories of the United States and'in the Provinces
of the°Dominion,of Canada and in the Colony of Newfoundland:
Therefore, be it Resolved, that this Company do,and it hereby does, authorize and empower its President oreither of its Vice-
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate.seal, to appoint any personor persons
as attorneyy or attorneys-in-fact, or agent or agents of said Company, in its name and as itsact•to execute and deliver any and all con-
tractsguaranteeing the fidelity of•persons holdingpositions of public or privatetrust; guaranteeing the performances of contracts other,
than insurance policies and executing or guaranteeing bonds and undertaking% required'.or, permitted in all actions or proceeding% or
by law allowed;and
Also, in its name and'as its attorney or attorneys-in•fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations,.stipulations,.undertakings or anything in the nature of either of the same, which are or may by law,;
municipal or otherwise,or by any Statute of the United States or of any State or Territory of the United States or of.the Provinces of the
Dominion of Canada or of the Colony of Newfoundland,:or by the rules,regulations,orders„customs, practice or discretion of any board„
body, organization, office'.or officer, local, municipalor otherwise, be allowed, required or permitted to be executed, made, taken, given,.
tendered,accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, bodyoffice interest,
municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing
of anything or any conditions which.maybe provided for in any such bond, recognizance, obligation. stipulation,or undertaking, or,
anything in the nature of either of the same.
h Mark F. Boyer , an Assistant Secretary of.the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to J. F. Hallisey„ R. C. Kahn, Billie M. Richardson and
Bertha Z. Martin
of San Francisco ,, California , authorizing and empowering them 'to sign bonds.aa therein set
forth,which,power ofattorneyhas never been revoked and is still in full force and!effect.
And I'do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company,duly called and held atthe office of the, Company in the City of Baltimore,on the 11th day of
July, 1910, atwhich meeting a quorum of the Board of Directors was present, and that theforegoing is atrue andcorrect copy of said
resolution,and the whole thereof asrecorded in the minutes of said meeting.
In Testimony Whereof,I have hereunto setmy handand theseal of the UNITED 'STATES. FIDELITY,AND. GUARANTY
COMPANY on. June 11, 19$0
(Date)
•
Assistant Secretary.
AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY
:California
STATE OF
COUNTY OF
Santa Clara '
On this 27th da of June I 00 before me
Idabel le Mill
personally appeared Attorney-in-fact,
'nf The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me
'July sworn, did depose and say, that he resides in Los Al tOS • that he is the
i
' Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut-
ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
*said corporation, and that he signed and executed the said instru nt as Attorney-in-fact of said car-
-, poration by like order.
�IIIIIIIIIIIIILIIIE6Le[LE[ILICn[II[[L[[[[n[IIIIIIIIIII
}:fyjy Commiston -yam- A.F.F. LG!A4. SEAL
)...... .. ••.
JANET R. OBERG
Notary ° L
t -Form 5.170
E _ 'N'
`wp NOTARY PULING — CALIFORNIA
't e' RRI'CIRAL OFFICE IN THE
le; COUNTY OF SANTA CLARA
Comm.Exp. Jan. 24, 1983
LABOR AND MATERItL BOND
/ ,
KNOW ALL MEN BY THESE PRESENT:' •
WHEREAS, the City of Cupertino, State of California, and
Calhoun Brothers'
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
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 bona shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and OHIO CASUALTY INSURANCE COMPANY
as Surety, firmly bind ourselves , our executors, administrators , successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons , companies, or corporations furnishing materials ,
provisions, provender or other supplies used in, upon, for or about the per-
formance of the aforesaid work contracted to be executed or performed under the
contract hereinabove 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 labor upon the same, and all
persons who supply both work and materials, whose claim has not been paid by
Principal or by any other person, in the just and full sum of
Twelve Thousand Four Hundred Sixty-Five Dollars
($ 12,465.00 ) .
1
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its _
subcontractcrs , hairs, 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 Un-
employment Insurance Act with respect to such work or labor, then said Surety
:All pay the same and also will pay in case suit is brought upon this bond,
itch 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'
_orporations 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
; nought upon this bond.
and Material Bond Page 2
And the said Surety, for value received, hereby stipulates , and agrees
that no -chcnge , 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 C [EREOF, this instrument has been duly executed, by the Principal
and Surety this 27th day of June , 1980 -
(To be signed by •
Principal and Surety CALHOUN BROTHERS •
and acknowledgment Principal '
and notarial seal
attached.) - .
OHIO CASUALTY INSURANCE COMPANY
• Surety •
BY47ir
Attorney-in-Fact / • •
Idabelle Mill
The above bond is accepted and approved this day of
, 19
STATE-OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On , 19 , befo=e .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 .acknbuiledged 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
`';-:;Y::,...- CERTIFIED COPY OF POWER OF ATTORNEY '
THE OHIO CASUALTY INSURANCE COMPANY
HOME OFFICE, HAMILTON, OHIO '
No.. 14-150
fIIIALI I NI matt kg When Preffetrtn: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance
of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint:
Arthur C. Carmichael or James J. Lenihan or of Los Altos, California —
Idabelle Miall or Gary P. Shearer —
its true and lawful agent ana attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
ONE MILLION (S ]1,000,000.00 — ) Dollars,
excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes an interest thereon
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company.
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the .regularly
elected officers of the Company at its office in Hamilton. Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact,
�a1E11.11.1ft4 In WITNESS WHEREOF, the undersigned officer of the said The- Ohio Casualty
frail • " ' Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the
Eat SEAL If, said The Ohio Casualty Insurance Company this 8th day of July ' 19 76
-
/Y•�
flottfix.ot (Signed) Richard T. Hgffmarl •
usuwnmsu0 -
STATE OF OHIO,
COUNTY OF BUTLER J i Assistant Secretary -
On this 8th day of July - A. D. 19 76 before
the subscriber, a Notary Public of the State of Ohio,-in and for the County of Butler, duly commissioned and qualified, came
Richard`T. Hoffman, Assistant Secretary — of THE OHIO CASUALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow-
ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate
Seal and his signature as officer wereduly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
`e• s9¢ut t e4��- IN TESTIMONY of Hamilton. S�eOF, I have of Ohio, the hereunto
nand yt ear my
above wrind and tten.
4, xed my Official
Seal at the Cityofday y
*i �,1 j*_ (Signed) •
oat• 1'.pt. Notary Public in and for County of Butler, State of Ohio
:...
'"4�1f14im11lMS���
My Commission expires D @Sser11 .P. ." a... ,97b4
This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by
its directors on April 2, 1954, extracts from which read:
"ARTICLE VI"
"Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the
secretary or any assistant secretary shall be and is hereby vested-with full power and authority to appoint,attorneys-in-fact
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate real, acknowledge
and deliver any andall bonds, recognizance!, stipulations, undertakings or other instruments of suretyship and policies of '
insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of county or state, or the United States of America, or to any other political sub-
division."
, This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of,the
Company on May 27, 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint _
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a
power of attorney and the seal of the Company maybe affixed by facsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seals
to be valid and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE '
I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this27thday of June A. D., 19 80
ezmni
.,smatylilrtpLf
t•` SEAL =g ' .
Y 4@
476"1
171116 U��p�
w umm,�"`O� Assistant Secretary
S-4300-C 10-74-3M - '
AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY
STATE OF Cal i forni a
'COUNTY OF
Santa Clara SS.
On this 27th day of June 19 80 before me
':personally appeared I dabe lle Mill Attorney-in-fact,
of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me
duly sworn, did depose and say, that he resides in Lo ..A.ltQs • that he is the
Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut-
ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he signed and executed the said instrument as Attorney-in-fact of said cor-
poration by like order.
[Ammo llllllEnIECn➢CEECEEIUE1EEEIEECCI!llIEEEIEEEHEIBD
MyCommissrin ; pR OFFICIAL SEAL
JANET R. OBERG1.1-1 4a ua.
ibrm S.170
1.:7"
. NOTARY PUBLIC - CALIFORNIA
$ IRAL OFFICE IN THE
�. COUNTY OF SANTA CLARA
Comm.Exp. Jan. 24, 7983
y
iL '
•FAI•THFUL- PERFORMANCE BOND
e
ICWW ALL MEN BY THESE PRESENTS:
THAT WE, Calhoun Brothers
as Principal and . Ohio Casualty Insurance Company
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of Twelve Thousand Four Hundred Sixty-Five Dollars
($ .12,465.00 ) lawful money of the United States, for the payment
of which will and truly to be made, we bind ourselves, our heirs; executors,
successors and,assigns, jointly and severally, firmly by these presents. '
THE CONDITION of the above obligation is such that, .
WHEREAS, the.-Principal has entered into a contract dated ,
with the Obligee '
- to do and perform the following work to-wit:
STELLING ROAD EXTENSION, PROJECT 80-22
•
' NOW, THEREFORE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 27th day of June , 19 80 •
• (To be signed by Principal
and Soret - and acknowledgment.)
CALHOUN BROTHERS •
Principal
OHIO CASUALTY. INSURANCE COMPANY
Surd
By: 1,91aL2� �GfIL_il
Attorney-in-Fact
1 Idabelle Mill
The above bond is accepted and approved this day of , 19
G ' .
a
•
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
-713-
ti CERTIFIED CERTIFIED COPY OF POWER OF ATTORNEY
THE OHIO CASUALTY INSURANCE COMPANY
HOME OFFICE, HAMILTON, OHIO
No. 14-150
C1DW AU men kg g[WIfe prnient6: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance
of authority granted by Article VI. Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint:
Arthur C. Carmichael or James J. Lenihan or of Los Altos, California -
Idabelle Mill or Gary P. Shearer - -
its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
ONE MILLION ($ 1,000,000.00 - ) Dollars.
excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in Hamilton. Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
+till gsssyIn WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty
4:• 4 Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the
e�p SEAL said The Ohio Casualty Insurance Company this 8th day of July 19 76
1.
+� (signed)
"�N:rnlr6B°®m Richard T. Hoffman
umumninm�<�
STATE OF OHIO, 1 Assistant Secretary
COUNTY OF BUTLER J
On this Sth day of July A. D. 19 76 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Richard T. Hoffman, Assistant Secretary - f THE OHIO CASUALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow-
ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate
Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
oss!iness4,, IN
�Aaot�:�A�49/ Seal at the City Ham tNY on.S�eOF. I of Ohio, the e dayato set my and year first above wrnd and itten.xed my Official
.42 .�V i,1 ' (Signed)
*•�,� ;� �*_= Rl2=1.tby...F.�7,tef.
z,,: ;
2$'-as•p 4' Notary Public in and for County of Butler, State of Ohio
My Commission expires ......Prl1 ?.....4a...7,1.7N
This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by
its directors on April 2, 1954, extracts from which read: •
"ARTICLE VI"
"Section 7. Appointment of Attorney.in.Fact, etc. The chairman of the board, the president, any vice-president, the
secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge
and deliver any and all bonds, recognizance., stipulations, undertakings or other instruments of suretyship and policies of
insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of county or state, or the United States of America, or to any other political sub-
division."
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on May 27, 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a
power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures end seal.
to he valid and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE
I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company thisz7thday of June A. D., 1CO
fl
ti , 1(.-t /L
r.Yitine 6+`44'
Assistant Secretary
5-4300-C 10-74-3M