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84-007 Lewis & Tibbets, Inc., Reconstruction of curbs, gutters & sidewalks, Project 83-14A Or u ' r„ %- CERTIFIED COPY OF POWER OF ATTORNEY. • THE OHIO CASUALTY INSURANCE COMPANY HOME OFFICE, HAMILTON, OHIO - No.. 14-150 ?Knew Ml i I en kg Ohne tirfffeIthir 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. Lenhan or of Los Aliosr California - Idabel'1 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 ai 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 ) Dollen, 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 present., shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they bad 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. c411�IXSpyy'e In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty may` .`, Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the hi Tit said The Ohio Casualty Insurance Company this 8th day of. July- 19 76 SEAL :it -^ Ai (Signed) .4.iu�b��� Richard T. Hoffman STATE OF OHIO, COUNTY OF BUTLER J lIt Assistant Secretary f� 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 faith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Coatpany,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. ea�tmsattso, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official ` aOon tfAfeoo Seal at the City of Hamilton, State of Ohio, the day and year first above written. a /4V7)jig a *i (Signed) t:s4.'`�i4----„,..: -- Notary Public in and for County of Butler, State of Ohio vit*im mtOn��ut‘ My Commission expires -12=QInbCr 90...),2.76 r 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 and seat 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 this 9thday of JAN A. D., 19 84 lyanp , . -et* .y , SEALR.,,.;'s (�i , kidosnis Assistant Secretary S-4300-C 10-74-3M ,% CONTRACT FOR PUBLIC WORKS CONTRACT made on frie id /(oma /9/9Ati by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and LEWIS & TIBBETS, INC. , hereinafter called the CONTRACTOR. IT IS HEREBY AGREED by the parties as follows : 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: A. Reconstruction of Curbs, Gutters and Sidewalks, Project 83-14A. B. Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate C. This Contract D. Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of Reconstruction of Curbs, Gutters and Sidewalks, Project 83-14A, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specificationsprepared by: Mr. Bert J. Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, Reconstruction of Curbs, Page 1 Gutters and Sidewalks, Project 83-14A, and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J. Viskovich, Director of Public Works. 3. CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of: THIRTY-ONE THOUSAND NINE HUNDRED SIX AND 00/100 DOLLARS ($31, 906.00) 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 the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc. , for the construction of the project, give all necessary Amerces, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, Page 2 deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. S. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10 . TIME FOR COMPLETION. All work under this Contract shall be completed: WITHIN THIRTY ( 30 ) WORKING DAYS AFTER APPROVAL OF THE 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, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor' s control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. Page 3 • 11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of the same, if the City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty days from the date of the serving of such notice, the City may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in the City' s Notice to Contractors. Page 4 .14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representati,e 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: 42700 BOYCE ROAD, FREMONT, CA 94538 postage prepaid and certified; and (c) if the notice is given to the surety or any other person, either by personal delivery to such surety or other person, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100% ) of the contract price as security for the faithful performance of this Contract. The Contractor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100% ) of the contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney' s fee to be fixed by the court in case suit is brought upon the bond. Page 5 18. INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of the carriage of insurance required, and there shall be a specific contractual liability endorsement extending the Contractor' s coverage to include the contractual liability assumed by the Contractor pursuant to this Contract and particularly Paragraph 19 hereof. Any policy of insurance required of the Contractor under this Contract shall also contain an endorsement providing that thirty ( 30 ) days ' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER' S LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract Worker' s Compensation Insurance and Employer' s Liability Insurance for all of his employees employed at the site of the project and,in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker' s Compensation Insurance and Employer' s Liability Insurance for all of the latter' s employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker' s compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. "' (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also including what are commonly known as the "X, C, and U" exclusions (having to do with blasting, collapse, and underground property damage) , which may arise from Contractor' s operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Bodily Injury Liability Insurance in an amount not less than $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, 000.00 . The City and its officers and employees, shall be named as additional insuredson 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 property 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 any one calendar day and forty hours of labor during any one calendar week shall constitute the - maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, work performed by employees of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. Page 7 • The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar day and each calendar week by all laborers, workmen, 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 of its officers or agents and to the Division of Labor Law Enforcement of the Deparmtne of Industrial Relations of the State of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the_ City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. ( 3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten (10) days after receipt of a written request. Page 8 (d) Any copy of records made available for inspection as copies and furnished upon request' to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall, within five working days, provide a notice of a change of location and address. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply , with this section. Should noncompliance still be evident after such ten (10 ) day period, the Contractor shall, as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25. 00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. (h) The director shall adopt rules consistent with the California Public Records Act, (Ch. 3. 5 (commencing with Section 6250 ) of Div. 7, Title 1. Gov. Ch. ) and the Information Practices Act of 1977, (Title 1. 8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records • required by this section. (Added by Stats. 1978, Ch. 1249) . 1775. 5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070 ) , Division 3, of the Labor Code, are eligible to be employed on public works. The Page 9 • • employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section. The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved . in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the Contractor that he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor for the 1-to-5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000. 00) or twenty (20 ) working days or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than two thousand dollars ($2,000.00 ) or fewer than five (5) working days. "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in Page 10 r accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are met: (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in such area exceeds a ratio of 1-to-5, or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis. (d) If assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees of the public at large if the specific task to which the apprentice When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or any subcontractor under him, who, in performing any of the work, under the contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators are unable to accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The contractor or subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of Labor Standards Enforcement is authorized to enforce the payment of such contributions to the fund or funds as set forth in Section 227. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. Page 11 • All decisions of the joint apprenticeship committee under this section are subject to the provisions of Section 3081. (Amended by Stats. 1976, Ch. 1179) 1777. 6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by Stat. 1976, Ch. 1179) 1777.7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777. 5, such contractor shall: (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50.00) for each calendar day of noncompliance. Nothwithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract progress payments then due or to become due such sum. (b) Any such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. (c) Any funds withheld by the awarding body pursuant to this section shall be depositied in the general fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the state. The interpretationand enforcement of Sections 1777.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch. 1249) It shall be mandatory upon the Contractor, and upon any subcontractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. It is further expressly stipulated that the Contractor shall, as a penalty to the City, forfeit twenty-five 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 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 subcontractor to employ on the project under this contract, any person in a trade or occupation (except executives, supervisory, Page 12 • administrative, clerical, or other non-manual workers as such) for which no minimunm wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23. PAYMENT. Not later than the first Tuesday 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 hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of completion. In event of the failure of the City' s representative to furnish and deliver said certificates or any of them or in lieu thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City' s representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates. Page 13 • The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. 24. PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings,- and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquididated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the 'failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing. 25. CONTRACTOR' S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to• the foregoing, the City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 26. CONTRACTOR' S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as Page 14 • . performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the date of acceptance of completion of this Contract by the City, the Contractor will forthwith remedy such defects without cost to the City. 27. LIQUIDATED DAMAGES. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of Fifty and no/100 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; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. 28. ADDITIONAL PROVISIONS. None Page 15 P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO Approved as to form: 4_. • t1 r ; JO" / ALI din City A tor -y City lerk: / Date/City Clerk: LEw:s ,1 i bb:*s rale. CONTRACTOR: By: Notary acknowledgement required. If a corporation, corporate seal and corporate notary acknowledgement required. Project Name and Number: Reconstruction of Curbs, Gutters and Sidewalks Project 83-53. Contractors Name: Lewis and Tibbets, Inc. Contract Amount: Thirty-One Thousand Nine Hundred Six and no/100 Dollars ($31,906.00 ) Contract Account Number: 110-8314A-953 Page 16 • STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) • On this day of day of , in the year of , before me , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. - WITNESS my hand and official seal. Notary Public in and for the County of Santa Clara, State of California CORPORATION ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On this day of Eighth day of February in the year of Eighty-four, before me Brenda D. Bevil , personally appeared William Tibbitts personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 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. �4to661 t 9t _ OFFICIAL SEAL 4U-frazU /�1 ,�ir'd BRENDA D. BEVIL 2 0 n e� E. NOTARY PUBLIC-CALIFORNIA a Notary Public in and for the County 2, SANTA CLARA COUNTY yG of Santa Clara, State of California RMy Commjssion Expires May 23, 1984 144 wooGi oom XML'.(7L'ovac+DG:c9GoLx9cX m rInninn LesT bb -I'-es nL PROPOSAL RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS PROJECT NO. 83-14A TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA: Dear Sir: In compliance with the specifications furnished for the Reconstruction of Curbs, Gutters., and Sidewalks, Project No. 83-14A - I, the undersigned, hereby declare that I have read the proposal requirements and hereby propose to do all work required to complete the said work in accordance with the Specifications and/or Plans for the amounts set forth herein on the incorporated schedule. The work shallconsist of the furnishing of all labor, equipment and materials necessary for the removal and reconstruction of certain concrete curbs, gutters, and sidewalks complete in place, in accordance with the Special Provisions and the City of Cupertino Standard Specifications and Details. The Contractor is cautioned that utilities and/or private sprinkler systems exist with this project and he will be required to use extreme caution to prevent any damage. Any damage to the existing utilities shall be repaired at the expense of the Contractor. A bid bond in the amount of 10% of base bid is required. BID EST.QTY. ITEM UNIT ITEM UNIT PRICE TOTAL 1. 5,130 S.F. Remove and reconstruct concrete sidewalk complete and in place for T4esr DOLLaaS A*JD Foey•Fiue Curs $ 345 Sc /s.F. $ /7 689 Dollars/S.F. 2. 550 L.F. Remove and reconstruct concrete curb and gutter complete and in place for Fouergggl DQLLArs Aup 16 60 Seeger-Ave Ceurs $ 14— /S.F. $ 81 Dollars/S.F. 3. 115 Each Provide for root cutting of street trees complete for F',Frt•Meet beLLAe.g Fbuti Oe)O Ceors $ 5300 /Each $ 4/67' 60 Dollars/Each TOTAL: $ .3/ 897=� 31�9aoo0 1/4 L ICY11 1—t ^84— A. BID DOCUMENTS , continued BIDDER QUALIFICATION FORM in further compliance with the specifications furnished, the undersigned submits "the following statements as to his experience and co 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? ID9.cn.2s (2) How many years' experience in work comparable with that required under the proposed contract has your organization had by this or any other name? IOyeARS (3) Contractor's License No. 2.4,64 4 ,• State of California,. Classification A &c.a ¢uwc • (Zi) 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 Whom Performed Contract ?mount W4wgr Ave ;A., Spite o0 g5 Posea.c Teltp4eui //7/ 000 — " 93lots Street 541.4i7oVt 00 __ FActflc Telephoae. /37 coo Alum gestic. Lot, Stu-arose 4Z PAct{it Tele k...+c /5��eoo °_ lotlase2 2d cueerTl..e 4Z ()Act tic Teichheat .3/L, 000 00 RALs•roa kin.� 3tuno.sr f Z ?car 264e • CATU 447, 000 00 a Ca.,,u. goat Aruic.•° 81 -974r Pla+t - c4r1/4) 630 00000 A.. BID DOCUMENTS , continued Name of Proposed Sub-Contractor, if any nn j //�� (Section 4104 Government Code) 1. •Ba•a @on e Coasr2UCre AI 2. 3. 4. 5. 6. Address of Shop or Office of Sub-Contractor (Section 4104 Government Code) 1. To. ;mx Tor . CA+.rnbe//, r Qco A7144 PSoo 5' 2 • 3. • • 4. • 5. 6. r Work to be performed by Sub-Contractor (Section 4104 Government Code) 1. FiuIs►, Copcct e • 2. 3. 4. 5 . 6. • DDnnr.n.. • A. BID DOCUMENTS, continued • IF YOU ARE AN INDIVIDUAL, SO STAIE. IF YOU ARE A' FIRM OR CO-PARTNERSHIP , STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CD-PARTNERS COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDE`T, SECRETARY TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS : Individual Co-Partnership Corporation Lew is4Tbb,iks T,ue.. • Joint Venture Other tlltr.,N TILL' XirestTi/'eaa Ak5 (describe) � 3p,m 9deAntos geC. NAME AND • SIGNATURE OF BIDDER: L_ewisa-Tai,,j-4-s Toe Ve-ded rl J)ttjsA.M T6b,#, , Pres . 4-2-7oo o(ce Rd Adaress Date 1/, /914 'Me*40sl t 04 14+ 94538 (415 ) 657- 0316 Addenda Received: J;140 9 /98 Phone Number C) 2 3 4 5 • Proposal Page y • V V V V -V V V YY • Certificate of Insurance aorao THIS CERTIFICATE IS,ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE. HOLDER. THIS CERTIFICATE,DOES,NOT AMEND,:EXTEND OR ALTER THE COVERAGE, AFFORDED, BY THE POLICIES LISTED BELOW, NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES FLAMER AND COMPANY 330 DISTEL CIRCLE COMPANY A Royal Insurance Company LOS ALTOS, CA 94022 TEL: 415-961-2100 COMPANY LETTER 13 Pacific Compensation NAME AND ADDRESS OF INSURED COMPANY C LETTER Lewis & Tibbits, Inc. 42700 Boyce Road COMPANY Fremont, CA 94538 COMPANY E. LETTER This is to certify that policies of insurance listed below have been Issued to the Insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be Issued or may pertain,the Insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. 1 Limits of Liability in Thousands(000) COMPANY TYPE OF INSURANCE POLICY NUMBERPOLICY EACH LETTER EXPIRATION DATE OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY 5 500 s500. A ❑x COMPREHENSIVE FORM PYA 258530 2-1-85 ❑x PREMISES—OPERATIONS PROPERTY DAMAGE S 250 s500 x❑EXPLOSION AND COLLAPSE HAZARD El UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ®CONTRACTUAL INSURANCE PROPERTY DAMAGE S $ ® BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPENDENT CONTRACTORS— El PERSONAL INJURY PERSONAL INJURY $ 500 AUTOMOBILE LIABILITY BODILY INJURY a 500 IIS�II� (EACH PERSON) A LL•COMPREHENSIVE FORM PYA 258530 2-1-85 BODILY INJURY $ 500 (EACH ACCIDENT) ❑ OWNED. PROPERTY DAMAGE $ 100 El HIRED BODILY INJURY AND ❑ NON-OWNED PROPERTY DAMAGE S COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY B and CO 04605 2-1-85 EMPLOYERS'LIABILITY $ lOO (COLM PCCIOENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Job: Reconstruction of Curbs, Gutters and Sidewalks, Project 83-14A. The City of Cupertino, its officers and employees are additional Insureds,but solely with respell to work Ferformed for them by Lewis & Tibbitts, Inc. The insurance shall be srimar and an nsurance o e lyse6 be excess inm urance onl.Y Cancellation: hould arty o the above desc,jpea ppolicies a cance ed before the expiration date thereof, the issuing co - pany will endeavor to mail —UU days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. , Additional Insured: NAME AND ADDRESS OF CERTIFICATE HOLDER: January 26, 1984 City of Cupertino DATE ISSUED: Cupertino ✓C:7 PC..&.0„ California, 95014 AUTHORIZED REPRESENTATIVE Gary P. Sheerer X.41\9) FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, LEWIS & TIBBITTS , INC. as Principal and THE OHIO CASUALTY INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Thirty-One Thousand Nine Hundred Six and no/100 Dollars ($ 31,906.00 ) 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 January 31, 1984 with the Obligee to do and perform the following work to-wit: Reconstruction of Curbs, Gutters and Sidewalks, Project 83-14A 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 31st day of January , 19 84 • (To be signed by Principal and Surety and acknowledgment.) LENHS & TIBBITTS,TS, INC. wry �. Principal THE OHIO CASUALT-'? INSURANCE CO . Sur dL4 B . ttorney-in-Fact Idabelle ,Mft` The above bond is accepted and approved this day of , 19 STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of 31st day of January in the year of 1984 , before me Debi Palrang personally appeared Idabelle Mill personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. '1~ OFFICIAL AL SEAL l F.�,. f • ... 9jg 3�,�` NOTARYDPUBUPC�AUFORNU j� / ,'ti le) PRINCIPAL MEEIN !� (\ /hand '{ Wr Iresflov Notary Public in and o the County `<, MyComm.FxplresNov.20.1981 of Santa Clara, State o California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of Eighth day of February in the year of Eighty-four, before me Brenda D. Bevil personally appeared William Tibbitts personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 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. OFNICIAL SEAL 6 // t4, p� clyl`�hBRENDA D. BEVIL Q$ /'i��la� SCJ' .-t✓U'�/ NOTARY PUBLIC•CALIFORNIA o Notary Public in and for the County �.. SANTA CLARA COUNTY 2 of Santa Clara, State of California 2 My Commission Expires May 23, W84 G meimegoL90 00MiOGU`L.x7f:UGU`CCIGOLr occoot 6/29/82 CERTIFIED COPY OF POWER OF ATTORNEY - • THE 011I0 CASUALTY INSURANCE COMPANY HOME OFFICE. HAMILTON. OHIO No. 14-150 Ewa' AU Mtn by ilbtst iinPBPItte That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 7 of the By-Laws of maid Company, does hereby nominate, constitute and appoint: Arthur C. Carmichael or James J. Lenihan or of Los Altos, California - Idabelle Mi1.1 or Gary P. Shearer - - its true andlawful agent en attorney -in-act, 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(t) or undertaking(e) guaranteeing the payment of notes andinterest 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. eilAis{s!, In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name end affixed the Corporate Seal of the SEALsaid The Ohio Casualty Insurance Company this 8th day of July 19 76 6m: z3 s�.4. �` (Signed) �..... +siffe+-bo`p°P Richard Tt Hoffman �s- STATE OF OHIO, t S Assistant Secretary COUNTY OF BUTTER f On this 13th 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 ma . 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. oepesnansesea, IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official ♦5.,....- ! Seal at the City of Hamilton. State of Ohio• the day and year first above written. .1‘11//: f es ' (Signed) o .\ o Afal:ndtor County V,,,_„ �C�• Notary Public in and for County of Butler, State of Ohio 41 anal•ato 0o Mune My Commission expires DPrS':.Pr 132.g.r...' e...12.75 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 VP' "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, recognizancea, 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. Suck signatures and seal are hereby adopted by the Company as original signatures and seal. to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE L 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 ore 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 this 3lstday of Jan A. D., 19 84 ono- ( AssistaatSecretary /' 5-4300-C 10-74-3M I . 1 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and LEWYS & TIBBITTS, INC. 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 bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and THE 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 Thirty-One Thousand Nine Hundred Six and no/100 Dollars ($ 31,906.00 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors , heirs, executors , administrators, successors or assigns, shall fail to pay for any materials , provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Un- employment Insurance Act with respect to such work or labor, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons, companies , and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. ti ;Labor and Material Bond Page 2 And the said Surety, for value received, hereby stipulates , and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. IN WITNESS WFlEREOF, this instrument has been duly executed, by the Principal ' and Surety this 31st day of January _ 19 84 . (To be signed by Principal and Surety LEWIS & TIBBITTS, INC. and acknowledgment Principal and notarial seal dia,,:-y 1712t— attached.) ' THE OHIO CASUALTY INSURANCE COMPANY Surety Attorney-in-Fact Idabelle Mill The above bond is accepted and approved this day of , 19_ t • STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of 31st day of January in the year of 1984 , before me Debi Palrang personally appeared Idabelle Mill personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS my hand and official seal. +� OFFICIAL SEAL DEBI PAIRANG (� I ; ' PI✓ NOTARY PUBLIC-CALIFORNIA 1 \,.,, 1 n Ur, 1 u� sn ACCLuoACoumr 1 !i 1 ••••• My` My Comm.Expires Nov.20,19871 Notary Public in and the County of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) On this day of Eighth day of February in the year of 84 , before me Brenda D. Bevil personally appeared William Tibbitts personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 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. E sOCOMOC ICODOCococoeONECONDIte r OFFICIAL SEAL ' te_4( L 4 _tuc__V •.�it1 BRENDA D. BEVIL pp '�'^�_ 3t ` Notary Public in and for the County 7! --�Sl+'��p NOTARY PUBLIC•CALIFORNIA F, SANTA CLARA COUNTY 4,67 of Santa Clara, State of California My Commission Expires May 23, 1984 itorgargeaseetomossamtecemeasaemt 6nt/R2 CERTIFIED COPY OF POWER OF ATTORNEY TRE ORIO CASUALTY INSURANCE COMPANY HOME OFFICE, HAMILTON, OHIO No. 14-150 Knout All MbII Fill UU VBt Prt6PUY8: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article V 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 - Idabellde Mill or Gary P. Shearer - - its true ■n lawful agent ■ attorney --in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act anddeed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ONE MILLION (b 11000,000.00 - ) Doli n, 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. tUldJq�� In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto eubscribed his name and affixed the Corporate Seal of the gp ga SEAL III The Ohio Casualty Insurance Company this 8th day of July 19 76 �s\ !*° (Signed) !4m1(1._ tv��@ Richard Ti Hoffman STATE OF OHIO, l COUNTY OF BUTLER Assistant Secretary J 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 doposeth and with, 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. sommusi,, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official a etel Seal at the City of Hamilton, State of Ohio, the day and year first above written. _ _*: �*_ (Signed) P Notary Public in and for County of Butler, State of Ohio �itZrg � O mt{t. My Commission expires Dcgginbcr 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 sal, 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 and seal. to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE L the undo:ogned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of atton®y, 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 this 3lStday ofJaIl A. D., 19 84 • SEAL I l , Assistant Secretary S-4300-C 10-74-3M