Loading...
90-027a Steiny and Company; Traffic Signal Emergency Vehicle Premption System Project 8602D • CONTRACT FOR PUBLIC WORKS • This CONTRACT made on October 19 , 1990 by the CITY OF CUPERTINO,, a municipal corporation of the State of California, hereinafter called CITY, and Steiny and Company, Inc. , hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Bid Documents(Notice to Contractors, Proposal, Time for Completion, Estimated Quantities, Bidder Qualification Form, Sub-Contractors Form and Signature Form) , referred to as Exhibit A. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for TRAFFIC SIGNAL EMERGENCY VEHICLE PREEMPTION SYSTEM on at VARIOUS INTERSECTIONS at WITHIN THE CITY, PROJECT No. 8602D. d. Faithful Performance Bond and Materials Bond. e. Insurance Certificates. f. This Contract for Public Works. 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. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of TRAFFIC SIGNAL EMERGENCY VEHICLE PREEMPTION SYSTEM on at VARIOUS INTERSECTIONS at WITHIN THE CITY, PROJECT No. 8602D, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, TRAFFIC SIGNAL EMERGENCY VEHICLE PREEMPTION SYSTEM on at VARIOUS INTERSECTIONS at WITHIN THE CITY, PROJECT No. 8602D, 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 materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Bert J. Viskovich. Contract Page 1 of 6 • CONTRACT FOR PUBLIC WORKS(Continued) PROJECT No. 8602D • 3. • CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of One Hundred Ninety Six Thousand, Nine Hundred Ninety Seven Dollars($196,997.00) , subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 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 CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, of 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. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by 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 CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans or Specifications or the Contract Documents, CITY 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 shall be determined either by reference to the Unit Prices bid, if applicable, the Standrad Specifications, 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 CITY, duly authorized by resolution of the City Council, 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. 8. CHANGES TO MEET ENVIRONMEMTAL REQUIREMENTS. 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. CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, 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. Contract Page 2 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT No. 8602D 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 modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the partie, 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 in accordance with the Time for Completion section in the proposal and the Specifications of this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of 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 CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which 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. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any sub-contractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten(10) 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(10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen(15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty(30) days from the date of the serving of such notice, 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 CONTRACTOR, and CONTRACTOR and CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event 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 CONTRACTOR as may be on the site of the work and necessary therefor. Contract Page 3 of 6 • CONTRACT FOR PUBLIC WORKS(Continued) PROJECT No. 8602D • 13: THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgement may be necessary to pay just claims against CONTRACTOR or sub-contractors for labor and services rendered and materials furnished in and about the work. CITY may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any 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 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 CITY'S Notice to Contractors. 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 CITY either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO, 10300 TORRE AVENUE, CUPERTINO, CA 95014, postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to Steiny and Company, Inc. , 27 Sheridan Street, Vallejo, CA 94590 postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last communicated by such person 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, shall be assigned by CONTRACTOR without the prior written approval of 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 CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. Contract Page 4 of 6 CONTRACT FOR PUBLIC WORKS(Continued) PROJECT No. 8602D 17: WORKER'S COMPENSATION INSURANCE AND' EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all sub-contractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by CONTRACTOR. In signing this Contract 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 requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. 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 codes 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 and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a seperate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurances or conditions and effects: earthquakes and tidal waves, when such occurances or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occured in a populated area. Subject to the foregoing, 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. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first- class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any sub-contractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and SPecifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one(1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. Contract Page 5 of 6 , oar •—: - — STATE OF CALIFORNIA ss. COUNTY OF Los Angeles On this 3rd day of October , in the year 19 90 , before me, the undersigned, a Notary Public in and for said State, personally appeared Jay E. Perry Secretary - Steiny and Company, Inc, personally known to me OFFICIAL SEAL 1 (or proved to me on the basis of satisfactory evidence) to be the person who executed the .0... r KAREN E. TISSEL I within instrument on behalf of the Corporation therein named,and acknowledged to me that ��%S 'f Notary Public-California ! the Corporation executed it. ' : 's '3` LOS ANGELES COUNTY I 1. i• �` n r0:00." My Comm. Exp.May 10,1991 j my WITNESS hand and official seal.-- m"- E-_ Notary Public in and for said State. ACKNOWLEDGMENT-Corporation-WOlCmis From 222CA-X-Rev.5-82 - ©1982 WOLCOTTS.INC. (Once class 8-21 • CONTRACT FOR PUBLIC WORKS(Continued) PROJECT No. 8602D • • • 2i, ADDITIONAL PROVISIONS. None. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO Steiny and Company, Inc. 27 Sheridan Streeeet, Vallejo, CA 94590 • . 7 By: 44a (_�"fin/ �oJA BY: Fs._ / 't, .. Mayor 'IC'"`e. PERR , SE..RETARY Attest: rJ • I Notary acknowledgement is required. n y� ity Clerk / If a corporation, corporate seal and , \" corporate notary acknowledgement are required. Date: 6101• /? ,1990 City Clerla APPROVED AS TO FORM AND PROCEDURE: o4/41‘76/4 City At Contract Amount:One Hundred Ninety Six Thousand, Nine Hundred Ninety Seven Dollars($196,997.00) Account Number: 980-206-543 Purchase Order Number: Contract Page 6 of 6 STATE OF CALIFORNIA • }ss. COUNTY OF Los Angeles On this 3rd day of October , in the year 19 90 before me, the undersigned, a Notary Public In and for said State, personally appeared Jay E. Perry OFFICIAL SEAL Secretary — Steiny and Company, Inc, personally known to me t a ��� KAREN E. TISSEL F (or proved to me on the basis of satisfactory evidence) to be the person who executed the 1s:—• Notary Public-California acknowledged� t within Instrument on behalf of the Corporation therein named,and acknowled to me that ;;Whm 'jt. LOS ANGELES COUNTY , the Corporation executed it. 11 ,r My Comm. Exp. May 10,1991 , ' ` WITNESS my hand and official seal. • -- 2_ T • • Notary Public In and for said State. ACKNOWLEDGMENT—Corporation—WOIcOIIs Form 222CA-x—Rev.5-82 191982 WOLCOTTS.INC. Ione class 8-2) 5-23208-A STATE OF California COUNTY OF Los Angeles I, Betty Walker Notary Public of Los Angeles County, in the State of California , do hereby certify that Jean Willcox , Attorney-In-Fact, of the SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this date in person, and acknowledged that she signed, sealed and delivered said instrument, for and on behalf of the SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, for uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Los Angeles, in said County this 9 day of nrrnhpr , 1990 A," .ate it se /f�/ ��� /�. OFFICIAL SEAL BETTY WALKER y e ' NOSAPUNIc-California otar P lic LOS ANGELES COUNTY \ sri 8L My Commission Expfes I ` \,,,.•i� September 20,1993 CONTRACT FOR PUBLIC WORKS(Continued) • PROJECT No. 8602D • , Bond No. 5250602 •• • Premium: $1,379'.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, Steiny and Company, Inc. as Principal, and SAFECO INSURANCE COMPANY OF AMERICA , as Surety, (bonding company's name) are held and firmly bound unto the City of Cupertino, State of California, in the sum of One Hundred Ninety Six Thousand, Nine Hundred Ninety Seven Dollars($196,997.00) 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 foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated ,1990 with the Obligee to do and perform the following work to-wit: TRAFFIC SIGNAL EMERGENCY VEHICLE PREEMPTION SYSTEM at VARIOUS INTERSECTIONS at WITHIN THE CITY PROJECT No. 8602D. NOW, THERFORE, 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 Principal and Surety this 2nd day of OCTOBER , 1990. (To be signed by Principal and Surety. Notary acknowledgments required) STEINY AND COMPANY, , C. BY: �i 1 Principal J- x PERRY S- ' T'ARV. r SAFECO INSURANCE COMPANY OF-AMERICA':' Surety • By: Atto ey-In-Fact JEAN WILLCOX The above bond is accepted and approved this _ day of ,1990. Faithful Performance Bond Page 1 of 1 •,, a PQWEH at+rci,u nvaunNrvi,M Loam-ANT yr rrvlcnwr, OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE:SAFECO PLAZA SAFECO • SEATTLE,WASHINGTON 98185 No. 5868 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint JEAN WILLCOX, Los Angeles, California its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 31st day of May 1#9 ooxA oicAcr.vaecAnr W.CANNY ON.O1OMTV CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The.provisions of Article V,Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation oto CoAp�yf ,' t% CON)4; this 2 day of October 19 90 0 S 9, 'lT eoR O O y.J 0 S. CORPORATE 9 WW - 5-974 A®� CO 5.974 Rio 3/86 PRINTED IN U.S.A. CONTRACT FOR PUBLIC WORKS(Continued) PROJECT No. 8602D Bond No. 5250602 • . LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and Steiny and Company, 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 TRAFFIC SIGNAL EMERGENCY VEHICLE PREEMPTION SYSTEM at VARIOUS INTERSECTIONS at WITHIN THE CITY, PROJECT No. 8602D, more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for 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, Steiny and Company, Inc. as Principal, and SAFECO INSURANCE COMPANY OF AMERICA , as Surety, (bonding company's name) 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 performance of the aforesaid work contracted to be executed or performed under thecontract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending 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 One Hundred Ninety Six Thousand, Nine Hundred Ninety Seven Dollars($196,997.00) . 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 Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, ans 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. Labor and Material Page 1 of 2 STATE OF CALIFORNIA }ss. , COUNTY OF Los Angeles • On this 3rd day of October , in the year 19 90 , before me, the undersigned, a Notary Public in and for said State, personally appeared Jay E. Perry Secretary - Steiny and Company, Inc, personally known to me OFFICIAL SEAL (or proved to me on the basis of satisfactory evidence) to be the person who executed the ,ter,, KAREN E. TISSEL i° t-elwithin instrument on behalf of the Corporation therein named,and acknowledged to me that Notary Public-California the Corporation executed it. ' �' LOS ANGELES COUNTY 1 i t - _ _t. - - _ _ My Comm.Exp. May 10,1991 , WITNESS my hand and official seal. /cut, E _ Ti,<Lia9 r. • Notary Public in and for said State. .ACKNOWLEDGMENT—Corporation—WalcONs Form 222CA4—Rev.5-82 NAM WOLCOTTS.INC. (price class 5.2) — 8-23208-A STATE OF California CQUNTY OF Los Angeles I, Betty Walker Notary Public of Los Angeles County, in the State of California , do hereby certify that Jean Willcox , Attorney-In-Fact, of the SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this date in person, and acknowledged that she signed, sealed and delivered said instrument, for and on behalf of the SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, for uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Los Angeles, in said County this 2 y of all441 October , 1990 r ,••^• BETTY LSEAL y /BETTY WALKERi`i �''g�� Notary Putt California otary ;Alit Y' "' w�9• LOS ANGELES COUCH Y �_ "r My Commission Expires September 20,1993 Labor and Material(continued) - PROJECT No. 8602D - 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, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed .by the Principal and Surety this 2nd day of OCTOBER , 19 90 „ (To be signed by Principal and Surety. Notary acknowledgments required) STEINY : COMP , • BY: 1. . Princip t J' ,.Y 5, PERK , SE.;R$TARY SAFECO INSURANCE COMPANY OF AMERICA Surety By: i CC�CC Att ey-In-Fact , JEAN WILLCOX The above bond is accepted and approved this _ day of ,1990. r • Labor and Material Page 2 of 2 OF ATTORNEY tK J„ C,.,J .J VE..,.,.L.'..J , in IA ., OF AGENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE:SAFECO PLAZA SAFECO • SEATTLE,WASHINGTON 98185 No. 5868 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint JEAN WILLCOX, Los Angeles, California its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind therespective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 31st day of May , 1#9 It p i J W.CAW WN.PRESIDENT DONA DICAE,•SECNEINv CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. • "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation � oCE COMP,fy � �Qi CO% this 2 _day of October , 19 90 S _ . � e.PORdi `p O c.° F CORPORATE a H SEAL W SEAQ . BONP. KI x A D� L..SECRE,N. CO sr4 1953y s23tIF ec OF WASNf Wash v m ▪ S-974 RIO 3/86 PRINTED IN U,S.A. ACOI " :F 'F 3dF 1 d n 9.wE �, ISSUE GATE(MM/DD/YY) a I CERTIFIGNEE OF INSURANCEa n =n 11- ., 4 .$ ° 10/02/90 PRODUCER• THIS CERTIFICATE IS ISSUED AS A 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 BELOW Alexander & Alexander of California, Inc. '3550 Wilshire Boulevard COMPANIES AFFORDING COVERAGE Los Angeles, California 90010 TWX 910-321-2907 ALEXLSA LSA COMPANY LETTER A CODE(213) 385-5211 SUB-CODE Transportation Insurance Company COMPANY B INSURED LETTER COMPANY Steiny and Company,Inc. LETTER C P. O. Box 8100 COMPANY Baldwin Park, California 91706-0993 LETTER D COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES:LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DWPQ DATE(MM/DD/YY) I ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE I $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATP) $ CLAIMS MADE OCCUR PERSONAL&ADVERTISING INJURY I $ OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 17---- FIRE DAMAGE(Any one IIre) MEDICAL EXPENSE(Any one person)I $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per aeeident GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY ETCH AGGREGATE— OCCURRENCE $ $ OTHER THAN UMBRELLA FORM I. WORKER'S COMPENSATION STATUTORY AND $ ( I,ono (EACH ACCIDENT) AEMPLOYERS'LIABILITY WC 407420018 07-01-90 07-01-91±_1,000 (DISEASE—POLICY LIMIT) --, $ 1000 (DISEASE—EACH EMPLOYEE OTHER � S/J/N: 2276 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Traffic Signal Emergency Vehicle Preemtion System @ Various Loc. — Project 8602D — Cupertino City. CERTIFICATE HOLDER CANCELLATION- a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Cupertino EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ExtEssmaexxsiX 425 South Main Street MAIL 3n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Los Angeles, CA 90013 LEFT, MID(MINDRE ISocumIx)at1R1d •`a' SA kiNIDOSR)410041046AOAO4c Rx LIAWWXYCORARYMI1NRJORRRXht6C,•et,.. )0fSCRQ8M870XURERR8SEJ IAM X AUTHOR! 10 REPRESENTATIV' -r 1 e .ACORf)25•Sq(3/8,8) - .<x,=.:.�, ,,,' , - .. ,,,:e -... �— _ ©ACORD CORPORATION 1988