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90-024 Signal Maintenance, Inc., Traffic Signal Maintenance at Various Intersections S - A . 1 s, AGREEMENT THIS AGREEMENT, entered into on / , 1990, by and between the CITY of CUPERTINO, a Municipal Co ora ion of the State of California, herein referred to as CITY, and Signal Maintenance, Inc. , a California Corporation, herein referred to as CONTRACTOR. WITNESSETH WHEREAS, CITY proposes to contract for the preventive maintenance, emergency service and repair of the traffic signal systems and equipment presently within the jurisdiction of CITY, together with any additions thereto that may be installed, constructed or become the responsibility of CITY during the term of this Agreement, or any extensions thereof; and WHEREAS, CONTRACTOR is willing to perform said preventive maintenance, emergency service and repair services in conformance with the specifications for Traffic Signal Maintenance at the prices and costs delineated in the CONTRACTOR's proposal, attached hereto and made a part of this Agreement; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual promises and covenants herein contained, agree as follows: 1. Subject to the terms contained herein, the complete Agreement consists of the following Contract Documents, to wit: TRAFFIC SIGNAL MAINTENANCE, PROJECT 8602, at VARIOUS INTERSECTIONS CITY WIDE and all documents referred to and incorporated, therein; CONTRACT DOCUMENTS: The Notice to Bidders, Information for Bidders, Bid Form, Designation of Subcontractors, Agreement, Bidder's Bond, Faithful Performance Bond, Schedule of Operations, General Conditions, Technical Conditions, Special Conditions, Plans, Specifications, and such provisions of the Standard Specifications of the State of California, Department of Transportation, dated January 1988 as are specifically incorporated by reference, and any addenda or written modifications to any of the foregoing. a. All of the Contract Documents and this Agreement are intended to cooperate so that any performance called for in one and not mentioned in the others, or visa versa, is to be executed in the same manner as if mentioned in this Agreement and in all said documents. b. In the event of conflict between the Specifications and this Agreement, the Specifications shall prevail. c. Except as otherwise stated herein, any and all obligations of CITY and CONTRACTOR are fully set forth and described in the Contract Documents. Agreement Page 1 of 3 4 Agreement(Cont'd) PROJECT 8602 2. CONTRACTOR, for the consideration herein mentioned, does hereby covenant, promise and agree to and with CITY that CONTRACTOR will well and sufficiently furnish all labor, tools, equipment, apparatus, facilities, transportation and all materials necessary to perform and complete in a good and workmanlike manner, the work of preventive maintenance, emergency service and repair of the traffic signal systems and equipment presently within the jurisdiction of CITY, together with any additions thereto that may be installed, constructed or become the responsibility of CITY during the term of this Agreement, or any extensions thereof, as called for and in a manner in, and in strict conformity with, the SPecifications for Traffic Signal Maintenance, for a period of one(1) year commencing on July 1, 1990, and ending on June 30, 1991. Provided, however, that CITY, upon receiving written concurrence from CONTRACTOR, shall have the right upon the same terms and conditions as are contained herein to extend the term of this Agreement as negotiated. a. It is understood and agreed that said labor, tools, equipment, apparatus, facilities, transportation and materials shall be furnished and said work performed and completed as required in said Specifications under the sole direction and control of CONTRACTOR, and subject only to inspection and approval of CITY and its representatives. 3. CITY agrees to pay and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sums of money specified in the proposal attached hereto and incorporated herein by reference, subject to final determination of actual work performed and materials furnished at the unit prices stated in said proposal. 4. CONTRACTOR shall, at its expense, obtain all necessary permits and licenses for the performance of the work which is the subject of this Agreement, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work in the preservation of the public health and safety. 5. Notwithstanding any other provision to the contrary, unless otherwise directed by CITY in writing, CONTRACTOR shall not perform or initiate performance of any part of this Agreement prior to obtaining a valid C-10 Contractor's License issued to CONTRACTOR by the Contractor's Licensing Board of the State of California. 6. Any notice from one party to the other required to be in writing under this Agreement or the Contract Documents shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall be served in the following manner: a. If notice is given to CITY, by personal delivery thereof to the City's Director of Public Works, or by depositing the same in the United States Mail enclosed in a sealed envelope, postage prepaid, addressed as follows: Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Agreement Page 2 of 3 COHNOKATE ACKNOWLEDGMENT NO.202 l,/!J./!!!!J!!Jl!!J!!!!!JJfl./Jl!!././,l!!!J_C!./J!!!./!!l!!!o19!./J!!/!!!!J!!!!!!JJ!!!!././!!!./l!J!J!./!!! .r.� •' ` State of CALIFORNIA On this the JO day of J v A) E 6, before me, l } 0 I•� County of ORANGE SS. DOLORES D. BYRNE \ 1 the undersigned Notary Public,personally appeared 0 1 WTT,T,TAM C. SONDERC;ARD ti o XI personally known to me ti yR OFFICIAL SEAL + 0 proved to me on the basis of satisfactory evidence 0 l� , DOLORES D. BYRNE to be the person(s)who executed the within instrument as 1 .r� NOTARY PUBLIC -CALIFORNIA 1 `____ ORANGE COUNTY PRESIDENT or on behalf of the corporation therein ti - fay comm. expires FEB 23, 1994 named,and acknowledged to me that the corporation executed it. S ,, NES Aand a 'cial seal. ti 1 Notary'sbignature / o 1120 122 NATI(]NAI Nl1TARY AscorIATInm • 2fn12 Vnnl,,,a Rlv(1. • PO.fox 4825 • Woodland Hills CA 91265-4625 Agreement(Cont'd) PROJECT 8602 • • b. If notice is given to CONTRACTOR, by personal delivery thereof to its duly authorized representative, or by depositing the same in the United States Mail enclosed in a sealed envelope, postage prepaid, addressed as follows: Signal Maintenance, Inc. 3395 Viso Court, Santa Clara, CA 95050 7. Any contract entered into by CITY as a result of award of this bid is subject to cancellation upon thirty(30) days notice in writing, when it can be demonstrated by CITY that CONTRACTOR has failed to perform in accordance with the Contract Documents. Additionally, CITY reserves the right to cancel this Agreement without demonstrating any cause upon ninety(90) days notice in writing. 8. CONTRACTOR shall not assign, underlet or sublet this Agreement, nor any part thereof, without prior written approval of CITY, and in the event that such consent be obtained CONTRACTOR shall be liable for the faithful performance of this Agreement for the remainder of the term hereof, or any extensions thereof. Any assigning, subletting or underletting without the written consent of CITY shall be null and void. 9. CONTRACTOR shall not assign any of the payments due or to become due from CITY. Any assigning of payments from CITY shall be null and void. 10. CITY and CONTRACTOR, each binds themselves, their successors, legal representatives, and assigns to the other party to this Agreement and to the successors, legal representatives and assigns of such other party in respect to all covenants of this Agreement. 11. CONTRACTOR is an independent contractor and not an agent, subagent or employee of CITY. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO Signal Maintenance, I- :: azt' 5 SBy: rym, L�j /��/ ayor n / Attest: 4J Notary acknowledgement is required. #02,1„,sCity Clerk If a corporation, corporate seal and corporate notary acknowledgement are Date: /7 ,1990 required. C y Clerk APPROVED AS TO FORM Di PROCED RE. City Attorney Agreement Page 3 of 3 i I, BID DOCUNENTS(continued) PROJECT 8602 PROPOSAL TO: DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE - CUPERTINO, CA. 95014 - • • In compliance with the Plans, Specifications and/or Special Provisions for the constructing to completion the TRAFFIC SIGNAL MAINTENANCE at VARIOUS INTERSECTIONS, .- CITY WIDE, PROJECT 8602, I, the undersigned, hereby declare that I- have read the proposal requirements, visited the site, and examined all of the above documents. I, the undersigned, hereby propose to do all work required to complete the project in accordance with the Plans, Specifications and/or Special Provisions for the prices set forth in the following . schedule. I further understand that said prices include all' costs including, but not limited to, local, state and federal taxes or transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given on a basis of comparison of bids, and that the City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase, decrease or delete the amount of any class or portion of the work or to omit items or portions of the work that may be deemed necessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids or to waive any irregularities . in the bidding procedures. The work to be done consists of the furnishing of all labor, methods, processes, tools, machinery and materials required to construct to completion and in working usable order the TRAFFIC SIGNAL MAINTENANCE at VARIOUS INTERSECTIONS, CITY WIDE, PROJECT 8602 as described in the contract documents. The Unit Price bid shall be the contractor's actual bid price. The totals are only extensions of the estimated quantities and the Unit Prices bid. These totals are only used as a means to compare bids and are subject to change if errors are found in the extension of Unit Prices. In the event of discrepancies between the written Unit Price and the numerical Unit Price, the written price shall prevail and shall be.used to calculate the total for .. that bid item. The bid prices for this project shall •be as outlined on the following pages. Proposal Page 1 of 6 BID DOCUMENTS(Continued) PROJECT 8602 BID ITEMS FOR TRAFFIC SIGNAL MAINTENANCE ESTIMATED UNIT ESTIMATED ITEM QUANTITY UNIT PRICE ANNUAL COST I. Preventive Maintenance for Forty-three(43) Traffic Signals - 43 x 12 months 516 months Each/Month 95 .40 $ 49,226 . 40 II.Traffic Signal Repair/Accident Damage Repair A. ..Materials Markup: $40,000.00 Percent 20 % $ 8, 000.00 B. Labor, Straight Time: 1. Signal Maintenance Supervisor 40/Hours Per/Hour 38 . 62 $ 1,544 . 80 2. Signal Technician 400/Hours Per/Hour 32 . 71 $ 13, 084 . 00 3. Signal Maintainer 200/Hours Per/Hour 30 . 66 $ 6,132. 00 4. Signal Laborer 200/Hours Per/Hour 30 . 66 $ 6,132.00 C. Labor, Overtime: 5. Signal Technician 60/Hours Per/Hour 49.07 $ 2,944 . 20 6. Signal Maintainer 20/Hours Per/Hour 45 . 99 $ 919. 80 7. Signal Laborer 20/Hours Per/Hour 45 . 99 $ 919. 80 D. Vehicles & Equipment: 8. Service Ladder':Truck 300/Hours Per/Hour 10 . 22 $ 3, 066. 00 9. Service Ladder Truck 10/Days Per/Day 51. 10 $ 511. 00 10. Boom/Ladder Truck 10/Hours Per/Hour 28 .39 $ 283 . 90 11. Boom/Ladder Truck 10/Days Per/Day 113 . 57 $ 1,135 . 70 12. Hydraulic Lift Truck 20/Hours Per/Hour 28 . 39 $ 567 . 80 13. Hydraulic Lift Truck 10/Days Per/Day 113 . 57 $ 1, 135 . 70 14. Rental Equipment Overhead $1,000.00 Percent 15 % $ 150. 00 Estimated Annual Total $ 95 ,753. 10 Proposal Page 2 of 6 I-. ,BID DOCUMENTS(Continued) PROJECT 8602 I, the undersigned agree that if this proposal is accepted by the City of Cupertino, I will enter into a contract with the City to provide all necessary machinery, tools, apparatus, and other means of construction and to do all .of the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection vith any person, firm, or corporation making a bid for this work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one portion of the work over another and each starting date where conflict of construction schedules occur,. I, the undersigned, 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 that code, and I will comply with such provisions before commencing the performance of the work of this contract. Attached heretois the required cash, cashier's check, certified check, - bid bond, or surety, payable to the City of Cupertino, in the amount of $ 10 ,000. 00 , which amount represents ten percent(lO%) of the total amount of the bid as required by law and this Notice to Contractors. NONCOLLUSION AFFIDAVIT I, the undersigned, being first duly sworn, deposes and says that I am Vice President of Signal Maintenance, Inc. (title) (business name) the party making the foregoing bid, that the bid is notmade in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or .corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding: The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, ' or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Proposal Page 3 of 6 BID DOCUMENTS(Continued) . PROJECT 8602 BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. The truthfulness and accuracy of this information is hereby guaranteed. My organization has been in business under its present name for 18 years. Our experience in work comparable with that required by the proposed contract is 18 years operating under our current business name. Our experience in work comparable with that required by the proposed contract is 18 years operating under the following different business name(s) . Signal Maintenance, Inc . • My California Contractor's License Number is 274629 The classification of this License is 010-A The expiration date for this License is 9-19-91 The following is a an example of work similar in character to that required in the proposed contract which our organization or personnel in our organization has ,completed within the past three(3) years. Year Class, Location of Work and for Whom Performed Amount 1989 Cupertino Maintenance Contract 50,000 . 00 1989 Sunnyvale Maintenance Contract 100,000 . 00 1989 Santa Clara Maintenance Contract 66,000 . 00 1989 Mt . View Maintenance Contract 40,000 . 00 1989 Los Altos Maintenance Contract 12,000 . 00 1989 Saratoga Maintenance Contract 6 400 . 00 1989 Fremont Maintenance Contract 90,200 . 00 1989 Pleasanton Maintenance Contract 66,000 . 00 1989 Hayward Maintenance Contract 61,000 . 00 Proposal Page 4 of 6 .. . ... _ ___ AMWEST SURETY INSURANCE COMPANY BOND NO.: 1103813- 523 • WOODLAND HILLS. CALIFORNIA PREMIUM: N/A • • BID DATE: K/Db/90 PUBLIC WORKS BID BOND Know all men by these presents: SIGNAL MAINTENANCE, INC. , That we, 2720 EAST REGAL PARR DR. , ANAHEIM, CA 92806 (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the•$tate of • • CALIFORNIA ' as Surety, are held and firmly bound unto THE CITY OF CUPERTINO:. • (hereinafter called Obligee) in the penal sum of TEN percent (10.00,�,) of the bid amount, but in no event to exceed TEN THOUSAND AND 00/100*** for the payment of which the Principal and the Surety bind themselves. their heirs, executors, administ altors,($successors and assigns./ jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for TRAFFIC ST(NAT MAINTENANCE . . PROJECT # 8602 IRPORATE ACKNOWLEDGMENT • NO.2012 State of CALIFORNIA . On this the_L day of 3-U,f�E SS. 1996 , before me, County of ORANGE DOLORES D. BYRNE N the undersigned Notary Public,personally appeared • WILLIAM C. SONDERGARD ) X personally known to me _ __ 0 proved to me bn.the basis of satisfactory evidence �� OFFICIAL'SEAL to be the person(s)who executed the within instrument as 1 �.. t DOLORES D. BYRNE PRESIDENT �y/`1 ,Aq NOTARY PUBLIC-CALIFORNIA or on behalf of the corporation therein h OILM'GE_COUNTY named,and acknowledged to me that the corporation executed it. ' __ -- My comm. expires FEB 28, 1994 my hen. : . . 'tial sea - Notary's Signature Pr` o NATIONAL NOTARY ASSOCIATION . 23012 Ventura Blvd. • P.O.8044625 • Woodland Hills,CA 81365-4625 •�:c!': onNB hL4KRY(Q)LIIUIL _--=-------"-------- --- - .----__—___ _ 4�,rL^''S�- NOUgYPWJC.rµ20kNN Murwtiatti.a--'--- 14Laf/eNna L' >13.e UN-A9008 /Cxm.f,prea ie> 13,1993 POWER NUMBER AMWEST SURETY INSURANCE CON-- --dY VOID IF NOT USED BY: E 3 0 5 6 3 P.O. BOX 4500, WOODLAND 1 -HI'LS, CA t- 45001 JANUARY 1, 1991 BOND NUMBER '. ' = (REAO ATTORNEY i No Power of Attorney on this form 1103813-523 LIMITED POWERshall be valid as to bonds, under- takings, recognizances or other This Power of Attorney has been TO beUsed,.only in conjunction with.the bond' : written obligations in the nature , delivered in.connection with the ` \ thereof executed on or after said I above cone number specified herein.. . expiration date.. .... t NAME.OF.PRINCIPAL: SIGNAL MAINTENANCE, INC.Li PENAL SUM $ 10,000.00 NAME OFOBLIGEE: CITY OF CUPERTINO :' '.. � �\ ' , r This Power of Attorney may not be used-inconjunction1with'any other power of attorney.Th)s'Power'of Attorney is void if altered or erased.This document. is printed on blue paper with black and red ink.This,powerof attorney bears a raised sear,of AMWEST SURETY INSURANCE COMPANY. Only:originals of this Power of Attorney are valid.No representations or warranties regarding this Power'of may be made by any person other than an authorized officer of AMWEST SURETY INSURANCE COMPANY and must begin writing:Questions or inquiries regarding this Power of Attorney must be addressed to AMWEST SURETY INSURANCE COMPANY at the address andltelephone number set forth at the top of this Power of Attorney Attention; Underwriting Department.This Power of Attorney'shall be governedibythe lawsof the State of California.Any power of attorney used in connectionwith any bond issued by AMWEST SURETY INSURANCE COMPANY on or after February 21, 1989 must be on Amwest Form.UN-A1007(REV.•2189).All other,previous power of attorney forms issued by AMWEST SURETY INSURANCE COMPANY have been revoked and are o_t;•no furtherforce or effect. KNOW ALL MEN BY THESE PRESENTS, that AMWEST SURETY INSURANCE COMPANY, A CALIFORNIA CORPORATION, (the"Company"), does hereby make, constitute and appoint. , , N J.'WOLOHAN AS EMPLOYEE OF AMWEST SURETY INSURANCE`COMPANY its true and lawful Attorney(s)-in-Fact,with limited power and authority for and onbehalf of the Company as surety,to execute and deliver and affix thesealof the Company thereto ifa seal,is required, bonds;undertakings, recognizances or other written obligations in the nature thereof, as follows:. ` , Bid Bonds up to$250,000; , - ' ' Contract Court&Subdivision Bonds up to$500,000; - - - - - --- -- Small Business Administration Guaranteed Bondsup to.$1,250,000; - License•&�Permit Bonds up to$100,000;. '"`"" - - - _- " Miscellaneous:Bonds;up.to,$25,000. y' ' ,, l and"tobind,AMWEST.SURETY INSURANCE COMPANY thereby.This appointment is made under and by authority of the following provisions of the By-Laws of the-Company;-wnich.ate-now in-full.force•and effect: _.-_.-- Article III, Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed and sealed by facsimile under and by the authority of the following'resolutions adopted by the board of directors of AMWEST SURETY INSURANCE COMPANY at:a meeting duly held on December 15, 1975. RESOLVED that the president or any vice-president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds,undertakings, recognizances,and suretyship obligations of all kinds;and said officers may remove-any such attorney-in-fact or agent and revoke any power,of attorney previously granted to such person. RESOLVED FURTHER that anybond, undertaking, recognizance, or suretyship obligationshall be valid and binding upon the Company (i)when signed by the president or any vice-president and attested and sealed(if'a seal be required)by any secretary or assistant secretary or (ii)when signed by the president or any vice-president or secretary or assistant secretary,andcountersigned and sealed(if-a seal be required) by a-duly authorized attorney-in-fact or agent; or (iii)when duly executed and sealed.(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of-attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officerand the seal of the Company may be affixed by facsimile toanypower of attorney or certification thereof authorizing the execution and delivery of any bend, undertaking, recognizance,or other suretyship obligations of the Company; and such signature and seal when so used shall have the same forceandeffect-as though manually affixed. IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY hascausedthese presents tobe signed by its proper officers, and its corporate, seal to be hereunto affixed this. 7 day of December 19 89 9,.!-- ) . r - ccs✓ v Gary R.Peterson,President Karen G.Cohen,Secretary STATEOFCALIFORNIA, COUNTY OF'LOS.ANGELES —ss ' •On this 7 day of December .A.D.,19 .89,-personallycarne beiore:me Gary R. Peterson-- an;. Karen G.- Cohen. to me known to be the individuals and officers of AMWEST SURETY INSURANCE COMPANY CALIFORNIA`whoexecuted the above instrument and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say:that they ere the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. . -...,. T \SEALnrer Q t o N 4.iceman (SEAL) �i�iQi / iry � io� dr bCan Is Mil Notary Public STATE OF CALIFORNIA, COUNTY OF LOS ANGELES— ss ' CERTIFICATE I,the undersigned, secretary of the AMWEST SURETY INSURANCE-COMPANY,a,California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has-not been revoked, and furthermore, that the provisions of the By-Laws of the Company and-the Resolutionsof the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at SAN FRANCISCO, CA this 30TH day of MAY 19 90-- . s .,,>n • .- . Karen G.Cohen,Secretary A UN-A1eo1(REV.2189) \c„r,..r BID DOCUMENTS(Continued) PROJECT 8602 BIDDER'S SIGNATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL INDIVIDUAL C0.-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. IN ACCORDANCE WITH SECTION 7028.15 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE, REPRESENTATIONS AND/OR INFORMATION CONTAINED' IN THESE BID DOCUMENTS ARE MADE UNDER PENALTY OF PERJURY. TYFE OF BUSINESS NAME OF BUSINESS..... SIGNAL MAINTENANCE, INC. WILLAIM C. SONDERGARD, PRES, ; CORPORATION :LESLIE M. KRATER, SEC. ; EDWIN K. WALTERS, TRES. ; ROBERT R. HUDSON, VICE PRES. AND .MANAGER CO-PARTNERSHIP: INDIVIDUAL JOINT VENTURE : OTHER • (Describe) Name and Signature of Bidder: ROBERT R. HUDSON, VICE PRESIDENT (Print or Type Name) (Signature) Date: /L� __ o 7/ /2 2' Address(mailing & location) : SIIGGNALMAINTNANCE, INC. : 3395 VISO COURT : SANTA CLARA, CA 95050 • Telephone Number : ( '/P f' ) ? re-- cc-2.5— g/ Acknowledgement . of all addenda received is required by circling each addendum number. 1 2 3 4 5 6 7 8 9 10 Proposal Page 6 of 6 CORPORATE ACKNOWLEDGMENT NO.202 State of CALIFORNIA On this the S day of SJ'�E 19 9d,before me, 1 County of i ORANGE } SS• DOLORES D. BYRNE ti tl the undersigned Notary Public,personally appeared o \ • WTT,T,TAM C- SONDERGARD 0 5 • _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $I personally known to me ti I .:� OFFICIAL SEAL ❑ proved to me on the basis of satisfactory evidence e ►'�'� DOLORES D. BYRNE i � �� NOTARY PUBLIC-CALIFORNIA to be the person(s)who executed the within instrument as 1 bW f' ORANGE COUNTY PRESIDENT or on behalf of the corporation therein I My comm. expires FEB 28, 1994 named,and acknowledged to me that the corporation executed it. S h. SS my hand -•• • ficial seal R 4-- 0 1 dot /t�iO !./!!!!./!./IlJ1JlJ./J./Yl. -_---cracc:cI cr.... cococ c.ce/✓,/!I JJll✓llJ/-!/Yl./!!!./!!!!!/Jl....7,-...--_.,-..--_,--•-_,- ,...--.--e_9 7120122 NATIONAI NOTARYACCIICIATVIN • 01n191/an6,rn RWi • PA.Rent 4925 • Woodland Hllla CA 91365-4625 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO ss. On JUNE 25. 1990 , before me a Notary Public, within and for the said County and State, personally appeared J. WOLOHAN , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his own name as Attorney in Fact. / / ',G n p// R.! DA,14�'.tBiE 105,(1011 NOTARY UBLIC I `fl �1 NOTAYPUOUc•G!6oRNA ��\\\\ ++, (RYI(,(R11R 5ltb 13.(0 O/ UN-A9008(REV.2190)8 `-.. . OsvtCV13J1993; i . AMWEST SURETY INSURANCE COMPANYA . LOS ANGELES,CALIFORNIA PREMIUM CHARGED ON ANNUAL BASIS BOND PREMIUM BASED ON BOND NO. 1215450 FINAL CONTRACT PRICE PREMIUM: $1,290.00 PERFORMANCE BOND — PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS: That we, SIGNAL MAINTENANCE, INC. , 2720 EAST REGAL PARK DR. , ANAHEIM, CA 92806 • , as.Principal, and AMWEST SURETY INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto: THE CITY OF CUPERTINO ,as Obligee, in the sum of FORTY THREE THOUSAND AND 00/100*** DOLLARS, ($ ),lawful money of the United States of America, for the payment whereof,well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH,that WHEREAS, the above-bounden Principal entered into a contract dated the with said Obligee to do and perform the following work, to wit: CITY WIDE TRAFFIC SIGNAL MAINTENANCE PROJECT #8602 w NOW, THEREFORE, if the above-bounden Principal shall well and truly perform or cause to be performed,each and all of the requirements and obligations of said contract set forth, then this bond shall be null and void;otherwise it shall remain in force and effect. SIGNED, SEALED AND DATED this 25TH day of JUNE 19 90 - . A SIGNAL MAINTENANCE, 1_ V PRINCIPAL BY,-1> // f� / AMWEST SURETY INSURANCE COMPANY AMWEST SURETY INS RANCE COMPANY 100 CALIFORNIA CA. , 111. 720 SAN FRANCISCO, CA 94111 BY • WOLOHAN ATTORNEY-IN-FACT -4 C-tot (7/78) • ,-••^ Y` POWER NUMBER /� AMWEST SURETY INSURANCE COA 1Y VOID IF NOT USED BY; • - ,, /) _ i P.O. BOX 4500, WOODLAND HILLS, CA 5.4500 E 30,6'35. (818),704`1111 � JANUARY 1, 1991 BOND NUMBER - — -, - LIMITED POWER OF ATTORNEY. No Power of Attorney on this form 1215450 REA'D 'CAREFULLY shall be valid as to bonds, under- takings, recognizances or other I This Power of Attorney has.been To used only'in conjunction with the bond, written. obligations in the nature delivered in connection with the specified herein.' • thereof executed on or after. said ' above bond number. expiration date. • NAME OF PRINCIPAL: SIGNAL MAINTENANCE, INC. . :PENAL BUM $. 43,000.00 , NAME OF OBLIGEE: CITY OF CUPERTINO. ,' r * • `. This Power of:Attorney may not be used„in conjunction'with any other power of attorney,This Power of Attorney is voidifaltered or'erased.This:`document is printed on blue paper with black.and red ink.This..power of attorney bears a raised seal of AMWEST SURETY INSURANCE‘COMPANY. Only originals , of this Power of Attorney are valid.No representations or warranties regarding this,Powerrot Attorney may bemade by any person other than an authonzed ,officer of AMWEST SURETY INSURANCE:.COMPANY,and must be'in writing.-Questions or inquiries regarding this,Power of Attorney must be:addressed to AMWEST SURETY INSURANCE COMPANY at'theaddress and telephonenumber set forth at the top of this Power of Attorney;Attention:Underwriting Department.:This Power of Attorney shall be governed by the laws of the State of:California.Any power of attorney used'in connection with any bond issued by AMWEST SURETY INSURANCE,COMPANY on or after February 21, 1989;must ibe on Amwest Form UN-A1007(REV 2/89).All other previous power of attorney forms issued by AMWEST SURETY INSURANCE COMPANY have been revoked andare of no further force or effect. KNOW ALL'MEN BY THESE PRESENTS,that AMWEST SURETY INSURANCE.COMPANY,A CALIFORNIA'CORPORATION, (the "Company"),does hereby make, constitute and appoint. J:'WOLOHAN:AS`EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY vf its trueand lawfulAttorney(s)-1n-Fact,with:timited power andauthority for and on behalf of the-Company as surety,to:executeand deliver and affix thesealof the Company theretoif a seal is:required, bonds, undertakings, recognizance§or other written obligations In the nature thereof, as follows: Bid Bonds up to-$250,000; ' .Contract,Court&,Subdivision Bonds up to$500000; -- — - - -- - - -- — Small Business Administration Guaranteed Bonds up to$1,250000; License&Permit Bonds up to'$100000 -- -- - - - ,, ' Miscellaneous Bonds up to$2$000. ,` a , andto bindAMWEST,SURETY'INSURANCE COMPANY thereby. This appointment is made under end'byauthority of the following provisionsofthe.By-Laws -- of the Company,-which are now in full force and effect:. ' -- - -- - - -Article III, Section 7 of the By-Laws of.AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of AMWEST SURETY INSURANCE COMPANY'.at a meeting duly held on December 15, 1975. PESOU!ED that the p_sident or any vice-president;in conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authority as defined or limited In instrument evidencing the appointment in each case,for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds,:undertakings, recognizances,and suretyship obligations of all kinds;and said,officers may remove any such attorney-in-factor agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyshipobligation shall be valid and binding upon the Company (i)when signed by the president or any vice-president and attested and sealed(if a seatbbe:required)by any secretary or assistant secretary;,or (ii)when signed by the president or any vice-president or secretary or assistant secretary and countersigned,and sealed(if a seal be required) by a duly authorized attorney-in-factor agent; or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-factor agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the sealof the Company may be affixed by facsimile toany power of attorney or certification thereof authorizing the execution and delivery ofany:bond, undertaking,recognizance,or other suretyship obligations of the Company; and:such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has,caused these presents to be signed by its proper officers, and its corporate seal to be,hereunto affixed this. _ 7 day of December is 89 , r - .1 ..4%-,,I. au•---) . .La..0 Gary ft Peterson,President Karen G.Cohan,Secretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES —ss ' On this 7 day of- December A.D.,,19 89 ,personally came before me Gary R. Peterson . Karen G. Cohen to me known to be the individual„and officers "T ^TV ^ co rA . �”' .wm.r�:,i vv ac, .nh...,C'in�9.'.L wmrn..g CiALrrIJ,�,.r.LWuu ewoCii+bd the ct)avS li,eilJnieiif,.aiid,ifey aac, acknowledged'.the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of thecorporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. ..mow OFFICIAL SEAL (� �' , Q, ' J.MARKLEY Procter Ortk•in (SEAL) ( 22-C- I •�' wenn es.won - Notary Public STATE OF CALIFORNIA;COUNTY OF LOS ANGELES—ss CERTIFICATE I,the undersigned, secretary of the AMWEST SURETY INSURANCE.COMPANY, a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore,that the provisions of the By-Laws of the Company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at. SAN FRANCISCO, CA this 25TH day of JUNE - _ _ 19 90 . . . ;/ A UN-A1007(REV.2/89) Ka am G:Cohen.Secretary AMWEST SURETY INSURANCE COMPANY BOND NO.: 1103813- 523 WOODLAND HILLS. CALIFORNIA PREMIUM: N/A • BID DATE: 5/03/90 PUBLIC WORKS BID BOND • Know all men by these presents: • SIGNAL MAINTENANCE, INC. , That we, 2720 EAST REGAL PARK DR. , ANAHEIM, CA 92806 (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the.State of CALIFORNIA as Surety, are held and firmly bound unto THE CITY OF CUPERTINOP (hereinafter called Obligee) in the penal sum of TEN percent (10_00%) of the bid amount, but in no event to exceed TEN THOUSAND AND 00/100*** for the payment of which the Principal and the Surety bind themselves, their heirs, executors, admini t altors,($successors and assigns. • jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for TRAFFIC SIGNAL MAINTENANCE, PROJECT # 8602 RPORATE ACKNOWLEDGMENT ./ll�11111�lJlJlllJl./!llllJllllJI./!_1. !!--C-C. /jflllJJlll./!./ —or. ,llll✓,ll./lll--C-/llllfll!!ll .."1 NO.202 State of CALIFORNIA1 U On this the / day of PE } SS. 1976 ,before me, County of ORANGE } DOLORES D. BYRNE the undersigned Notary Public,personally appeared s 0 • WILLIAM C. SONDERGARD 0 • Gd personally known to me _ _ ___ • 0 proved to me on the basis of satisfactory evidence � % OFFICIAL SEAL � to be the person(s)who executed the within instrument as �'A, DOLORES D. BYRNE PRESIDENT NOTARY PUBLIC -CALIFORNIA or on behalf of the corporation therein S ORANGE. . named,and acknowledged tome that the corporation executed it. A ' 'Aly comm. expires FEB 28, 1594 o - - -- _ - - my h1La lal sea t ,l • _ •Notary's Signature ti I.IJJlJ./,�llllJl✓./,fll./lJ./r,-/lJl,/1l�IlJI�Il,/lI✓%/!!,iJllll./lllllllllll,�ll,-/l lrllJlllll-tel!Jlll./!1 • NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O.Box 4625 • Woodland Hills,CA 91365.4625 '�:ilt 3 en:f11 wait t5tf♦Btt ._. f,w x07AnY YUOpC.GL.ONNN Nurwm Out:T -- . f N C3t(CL'1IItl Sa If 23,1 UN-A9008 /Ce:.ra`�E - Poo 13,ig93 ACORD HtilliCERTIFICATE4OFILIABILITWINSURANCEmsgam DATE (MWDDIM PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOHNSON & HIGGINS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1511 NORTH WESTSHORE BLVD. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SUITE 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TAMPA, FLORIDA 33607 COMPANIES AFFORDING COVERAGE COMPANY Kerne Maguire (813) 287-2347 A NATIONAL UNION FIRE INS CO (PA) INSURED COMPANY SIGNAL MAINTENANCE, INC. B AMERICAN CASUALTY INS CO OF READING PA 2283 VIA BURTON ANAHEIM, CA 92806 COMPANY COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POUCY EFFECTIVE POUCY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMADDNY) DATE(MM)DD/YY) LIMITS A GENERAL LIABILITY GL1463337 6/30/96 6/30/97 GENERAL AGGREGATE $ 2.000.000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 50,000 MED EXP(Any one person) $ B AUTOMOBILE LIABILRY C1056657438 6/30/96 6/30/97 COMBINED SINGLE LIMIT $ X ANY AUTO 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accIdent) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY.EA ACCIDENT $ ANY AUTO OThER THAN AUTO ONLY - ---.EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILRY EACH OCCURRENCE $ RUMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND X 3E1'8R-1,41r:is 0TH-loonionsimiilli!iimisiim B EMPLOYERSLIABILITY WC1056657424 6/30/96 6/30/97 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ PARTNERS/EXECUTIVE X INCL EL DISEASE-POLICY LIMIT $ 1,000,000 OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS (UMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS). CERTIFICATE HOLDER HAS BEEN NAMED ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR. liggEtnngimpligAMIEMED: pOkgpsplpwingiwzmiggiumugsgrimbeggimmigagaijiiiiiSig:117 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL XINUENORNIZ MAIL CITY OF CUPERTINO 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: CITY CLERK 10300 TORRE AVENUE KIDFICINIGKRXEMOMICIHNONCIEXSENXBIlea9EZBEIIIIIIMGX1X06CCIPIMPEEKIC CUPERTINO CA 95014 0i1FX3610XXINOCX20111XXIMCZOINPAIITXXSEXAGFEESTIOCORXII5PB5SENHOWSTC AUTHORIZED REPRESENTATIVE / .d/WA‘f (* 10 DAYS FOR NON-PAYMENT) HOLDER COPY CERTIFICATE NO. 001001-00012 PEEK TR AF F C 3(SIGNAL MAINTENANCE INC. A Peek company. Signal Maintenance Inc. 2283 Via Burton St. Anaheim, California 92806 Telephone:(714)563-4000 Facsimile: (714)563-3178 July 8, 1996 City Clerk CITY OF CIUPERTINO 10300 Torre Avenue Cupertino, California 95014 RE: Certificates of Insurance Effective June 30, 1996 - June 30, 1997 Dear Gentlemen: Please find enclosed an original certificate of insurance issued for the June 30, 1996 to June 30; 1997 policy term. Included are the General Liability, Automobile, and Worker's Compensation coverages. After reviewing, should you require corrections to the enclosed or have additional requests, please do not hesitate to contact me directly. Thank you for your understanding during our renewal process. Very truly yours, PEEK TRAFFIC/Signal Maintenance Inc. - Ceroy J. Ogg, Jr. President LJO:mco - Enclosure .. • ..