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90-035 Collishaw Construction, Inc.; Jollyman Park Project; Project No. 91-910111043429 V SA 5pll 6- J,�F4 4`�C� FT—:LZ; IN Falb-; -:.. w- . � i WITH GOV CODE 6103 City of Cupertino Return to: CERTIFICATE OF COMPLETIONAM SEP 26 CITY F CUPERTINO NO'T'ICE OF ACCEPTANCE OF COMPLETION 0 = i SNi is`00 Torre.Avenue ? �J,S Y PCJOLLYMAN PARK IMPROVEMENTS RE , p0 C 8 9 35 0 14 PROJECT 91-9101 I No FEE, SEP 3 1991 NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby i certify that the work and improvements hereinafter described., the contract for doing which was awarded on October 15, 1990 and entered into by and between the CITY OF CUPERTINO and COLLISHAW CONSTRUCTION, INC. on October 15, 1991 in accordance with the plans and specifications for said work were completed to my satisfaction on August 19, 1991 and acceptance of completion was ordered by the City Council of said City. That said work and improvements consisted of furnishing all labor, materials, tools and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. Ci Date: August 20, 1991 Public Works and City of Cupertino THIS IS TO INCEFaT STRIjMCIVT 1 �1`� Jtr� q►� OF THE C7F'a1'IN..L. .STT •ar �T - CiTY CL g11'4 CCIP), 1`I G z. City of Cupertino CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF OOMPLETION ..• NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements hereinafter described, the contract for doing which was awarded on October 15, 1990 and entered into by and between the CITY OF CUPERTINO and COLLISHAW CONSTRUCTION, INC. on October 15, 1991 in accordance with the plans and specifications for said work were completed to my satisfaction on August 19, 1991 and acceptance of completion was ordered by the City Council of said City. That said work and improvements consisted of furnishing all labor, materials, tools and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. Date: August 20, 1991 p or f Public Works and ine , City of Cupertino CONTRACT FDR PUBLIC WORKS CONTRACT made on October 15, 1990 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and Collishaw Construction, Inc. , hereinafter called the CONTRACIVH. IT IS HEREBY AGREED by the parties as follows: • 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: A. Plans and Specifications for Jollyman Park Project 91-9101 B. Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate C. his Contract D. Bid Proposal referred to as Fchibit 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 hard, and this Contract on the other, the Plans • and Specifications shall prevail. 2. THE WORK. The Contractor agrees to furnish s all of the tools, equipment, apparatus, facilities, 1ahnr, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of Jollyman Park as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by: Mr. Bert J. Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, Jollyman Park Project 91-9101 and which Plans and Specifications are identified by the signatures of the parties to this Contract. 1 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: Mn 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: NINE HUNDRED FIFTY SEVEN THOUSAND THREE HUNDRED NINETY DOLLARS AND NO/100 ($957,390.00) subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4. DISPUTES PERTAINING TO FOMENT 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 areunable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc., for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be 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 C2ANGES. Should the City at any time during the progress of the work require any alterations, 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. 8. CHANGES TO MEET ENVIRONMENTAL REWDUIENIS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into ctmpliance with environmental regairmants 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 acreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties areunable to agree. • 9. 1TEMINATICt4, AM NIMENPS 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: 120 CALENDER DAYS If the Contractor shall be delayed in the work by the acts ar 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. 11. INSPECTION AND TESTING OF MATERIALS.S. 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 frau the Contractor. 12. TERMINATION FOR BREACH, EPC. . 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 riot to take over arra 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 noticeof its intention to take over and perform the Contract, or does not commence performance thereof within thirty days from the date of 3 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, arra 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 war) and necessary therefor. 13. THE CITY'S RIGHT ID WflHHOID CAIN AMOUNTS AND NAKE 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 renderer arra 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. Sloth 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 snare fully described in the 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 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 representative at the site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: 1125 MABURY RD • SAN JOSE, CTS 95133 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 persons last carom nicated 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. 4 S •„goezgu0o sttig 3o NIOM am; ;o aouemzo;aad agv buTOuammoo engeq suotstnoad tons roti Aim TTTM I Pue 'eP 0 eqq. 3o suotstnoad aria trTpt aOuepa000e uT ammansuT Ras axed rim o ao uoigesuadm0O s,aaxxMt 203 A TT?ge T Sebe peunsur aq aa&oTdma Agana asmbaa go?gi woo acme: aria 30 OGLE uotpag jo suoTstnald am . jo aaeMe me Iu :apoO aoms7 3o 1981 uotgoeg Aq Pea?nbaa 'tmtgeaTJTgaeo bUTMoTTo; egg sexual aogoeaguoo eqg goeaguo0 stag butubts uI • ei upo aq Aq Pepxo33e uotgoegoad atilt Aq Paaanoo axe saaAoidma tpns ssatun seaAoidaa ea-44;mi etiv 3o Tie 203 eoueansui A Merl s,aeAotcBxj pue eoueuts'uI uoTgesuadmo0 s,aaxxo* apTAoad og At.aetImgs .xopr_tguoogns am; astnbea iietis aogOexguo0 etf 'gatgns sT x( Aue aseo uT 'pue goacoad agv ;o avis au; ge eaAotdue saaAoia sni ;o TIE ao3 aouearisul AqTTTtiefl s,xaAoTdma pue asueansul uopesuadmo0 s,aaxzoM goeaguoo srgg ;o a3TT aqv bututp utegtttem Pae gno axe; Timis aogoeaguq) eUI •30NVHOSNi ASPIISM S,EEAOI&2 GIN SONVUfLSNI NOISYSNSdG100 SAIDRIOM (e) • •Aotiod eqg ;o uotgeoT;tpaa ao uotge1iaoueo Aue ;o ao AgTTweTT 3o sgtuFT attt uT abuego burgled Aue jo AgTO sin q butgiw" ut uaATb eq stmt aotgou ,s&ep (o£) Agrtgv 4W4 buTptnoad guaaasaopua ue urequoo osTe Timis goezvuoO s?qg aapun aoaaeIguo0 aqv 3o paapioaa eoueansrr ;o AOTTOd Aly •3oaaai 6T gdeibexed Ata inopxed pue goeagu00 stgv og guensmd aagoexgu00 sin ki pamnsse AgTTtgeTt wrgoeagu00 egg apntot[i or; abezano0 s,xogoexguoo agv burpuagxe luateeeloPue AITTTgeTT TEnPeaguoo 0TJToads e eq Timis asativ pue 'peaTnbax a.-xteznsut ;o abetxxeo atm ;o ;ooad Aaogoe;sTges WPA AWTO BR; WSTIfl fJ.TTegs a0gOe2vu30 at;L •PaAtzdde pue peuTet qo os uaaq seg .xogoaguon4ns agv ;o pas[nbax aoueansur ammts tTe TTgtnt goeaguuOgns stiff uo von amour og xogoSquoo4ns Aue none aogaellme atTv TTetls O 'AgTo sin Ag pa/Tuba/ aoueaisut Tie P'au-e qo seg eti Man goea4uo0 soil /spun xzoM aouao®o you "(Tugs aogpe4II00 eta •80iivans T •81 •Plat egg uodn **imam sT gtns °sea uT g noo am Aq pax?; aq og aa; s,Aauxogge atgeuoseax a ;o guar&ed agg ao; pue 'goezguoo spi} ggTm uotgoauuoo uT .xogei ao von tpns og goadsaa qqp& apoo aouexnsul guamdoTdmaun emg aapun enp sgunome 3o waged aria m3 pue 'pup( Aue ;o uoaxaiv xogei ao )(IOM Aue bulmxo;aad moa ao 'auop eq og PegpEzguoo xaoM aqg ;o ammacgaad agg gnome 20 zo; 'uodn 'uT passe 'sattddns cativo 20 'aapuanoxd 'suoTstnozd 'stetaagem buTgsTuan; .to; suosaad Tie 3o guamAed aqg 203 Agpanoas se eopad loeaguoo agv 3o (%o0T) waned paapunq euo og tents gseei ge gunome ue tut puoq Agams •agendas a gstuzn; osie TTegs ao4oez4u03 •goeaguo0 stt14 3o aOuemxo;aed to;bate; atm • zo; Agtanoas se aoTad goeaguo0 egg 3o ($OOT) gueoxad pazpunq auo og tents ;seat ge gunome ue uT puoq Ageans a gsTum3 Timis aovoeaguo0 eta •zr,Txn s LO *LT •paT;zoeds auo atp 04 sgoadsaz ITV uT tents sT tptgM xogoezguo0 Aq paaa;;o alaigze ao sseooad 'tetaagma aatpo arcs og fxuTgiaM uT melba "' TO ativ ssal" '2040e111100 Aq gam am gsnm stmtgEOt3T0edS tens 'aazngoe;nuem ;o ameu Aq ao 'ameu AzegaTzdoad ao guaged ki PaTITDeds 20 paq.OtpuT sT sseoaai 20 teTzaveu Ale 'SSOTgEOT;tOadS am eT 1SAauatiM •S'TYI218aSi JO SNOI.LV3IIJS HUM SDN@I7d1f70 •91 (b) LIABILITY INSORANCE. 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 excluding 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 anomia of such insurance shall be ads follows: Bodily Injury Liability Insurance in an amount not less than $500,,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 $1,000,000.00 on amount of one accident, and Property Damage Liability Insurance in an amount not less than $250,000.00. The City and its officers and employees, shall be named as additional • insureds on any such policies of insurance, which shall also contain a • provision that the insurance afforded thereby to the City, its officers arra employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers arra eaployees, have other insurance against a loss covered by such policy, such other insurance shall be excess insurance only. 19. HOLD HAMILFSS. The Contractor will save, keep, arra hold harmless the City and all officers, employees, arra agents thereof from all damages, costs, or opermes, 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 cause 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 cause 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 ar 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 haus during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight 6 . 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. The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hors worked each calendar day arra 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 lot the inspection of the. City of its Wi officers or agents and to the Division of Labor law foreement of the Department of Industrial Relations of the State of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the ,general prevailing rate of per diem wages and rates for holidays and overtime 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 acarate 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 en rated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the. Conntractor 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 7 • 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. (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 Fsection, 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 noncanpliance 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 frau 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 to 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. • 8 . Only apprentices, as defined in Section 3077, who are in training wider 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 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 wham 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 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, suhceqient 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. Oontracto s or subcontractors shall not be required to sudmuit 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 eadh 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 forwork 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 accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship c mmittee shall have the discretion to grant a 9 • • . 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 crate 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 dontractors 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 wham 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 contri bit ng, 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. All decisions of the joint apprenticeship committee under this section are subject to the provisions of Section 3081. (Amended by Stats. 1976, Ch. 1179) • 10 • 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 moiety 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. Notwithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract progress payments then due or to ben due such star. (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 deposited 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 interpretation and enforcement of Sections 1777.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. Wended 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 Oontractor shall, as a penalty to the City, forfeit twenty-five ($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 luder 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, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall imeediately notify the City, who will promptly thereafter determine the prevailing rate far such additional trade or occupation and shall furnish the Contractor with the minium: rate based thereon. The minimim, rate thus banished 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. 11 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, binding and construction codes shall be observed. Machinery, equipment, and other hazardsshall 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. Payment will be made in accordance with the attached payment schedule. 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, bit the City will retain ten percent (10%) of the amonunt 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 tine 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 finished 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 far 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 aforcaid, 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 sane shall become due and payable. In rasp the City's representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, bit 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, bit 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 12 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 nson, or adjacent to, the =instruction site. The Contractor shall not be assessed liquidated 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 ; ;ately notify the City in writing. 25. CONTRACTOR'S RESEWSIBILITY 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. NEVMUIELESS, the Contractor shall, if the insurance premiums 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: earthwakes and tidal waveswhen such oammrerces 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. COlTRACIOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all worktanship and of all materials, apparatus, and ,;pment 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 performed by the extractor 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 defectswithout 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 became liable to the City for liquidated damages in the sum of ONE HUNDRED DOLLARS ($100.00) for each and every working 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 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 13 CORPORATE ACKNOWLEDGMENT NO'S `FIJI!!!J./,!I./!IJraorJIJYYJ././!JJJ!l./lJ./lllll.dezono/JJ/lJ!,,r_r_rac III./J.l.!!I!JJllloccoce occce ../cocose ... 0 State of CALIFORNIA On this the 23 day of OCTOBER 19 90,before me, 0 0 County of SANTA CLARA S . SS. JOYCE A. KELLEY o 0 the undersigned Notary Public,personally appeared 0 ESTHER COLLISHAW 0 0 m personally known to me 0 0 — ❑ proved to me on the basis of satisfactory evidence ti to be the person(s)who executed the within instrument as 0 I OFFICIAL SEAL o o 1 „, ... JOYCE A.KELLEY 1 PRRSTAF.NT or on behalf of the corporation therein 1 f Ifir _� Notary PublIc-Ceiifofnla ) named,and acknowledged to me that the corporation executed it. 0 � SANTA CLARA COl1NTY ' WITNESS myhand and official seal. 00 . " ' My CommletIon Expires o - • March 22,i9441/4i! ry G. CWi '�- U o� 1` CQ ol Nota 's to o pATTENTION NOTARY:Although the information requested below is OPTIONAL,It could prevent fraudulent attachment of this certificate to another document. 1 ti THIS CERTIFICATE or Type of Document b MUST BE ATTACHED Number of Pages Date of Document 0 IS TO THE DOCUMENT 0 1 DESCRIBED AT RIGHT: Signer(s)Other Than Named Above 5 • P. 0. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. • CITY OF CUPP�E RTI O Approved as to ., Mayor: ' idejab- .ty A •, ��j�City Clerk: O o7. Date/City Clerk: / 0 —Z d o CDNPRACxoR: to /4-514.30 C'644-51-P w QT) l ac • By: '4:45 eae= • Notary acknowledgment required. • If a corporation, corporate seal and corporate notary aclmowledgment required. Project Name and Number: Jollyman Park Project 91-9101 Contractor's Name: Collishaw Construction, Inc. Contractor's Address: 1125 Matu y Road, San Jose, CA 95133 Contract Amount: NINE HUNDRED FIFTY SEVEN THOUSAND THREE HUNDRED NINETY DOLLARS AND NO/100 Contract Account Number: 120-9101-953 14 • ST 8Z 228TH Q 6T mama aG 0£ Naum3AON 9T EHSPEAON Z NauHIIAOAI 61 mono S Nampo TZ 2133IIddSS L masmadd3S 6Z asrn v 01 SSI1J!W LZ A7IIL' £T A nr 6Z aNnr ST anmr T aNnr 81 7CrdLI t AVNI OZ rilddY _9 ']IUdV £Z HOHVK 6 MEW £Z MATIRECELE 6Ad 9Z rummy • ZT AHVONVQ Amniad Nd 00:S AVOIE3 MVO ASVITRI ?DQID as a 330 SLY) sanzawnb mumps mamma 11331EACtIdNI 'NJ...MVO 066T EXH10II A • PROPOSAL Page A-6 PROPOSAL TO THE DIRECTOR OF PUBLIC WORKS CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 In compliance with the Contract Documents for the construction to completion of Jollyman Park, I, the undersigned, hereby declare that I have read the proposal requirements, visited the site, and ex- amined all of the above documents. I, the undersigned, hereby pro- pose to do all work required to complete the project in accordance with the Contract Documents 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 deter- mine 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 Jollyman Park, as described in the Contract Documents. 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 A-7 BASE BID PRICE: 1. BID ITEM NO. 1: For all the Landscape Work shown and described on the Plans and Specifications except the Add Alternate. Item No. 1: The sum of �1 „ ,Q �;��Q ..66a4_4441 4I f� U�Ct%e J ----Dollars (S ¶c2 ? . ?/) ) . / ADD ALTERNATE NUMBER 1: • Refer to Drawings: Provide Demolition, Earthwork, Concrete Work, Irrigation and Planting as shown and specified for the total unit price of Tr,.+a.,.ta/ 6;i a .H' T4,.101,m4.t. Dollars, (S 2-a oo u ) . w ADD ALTERNATE NUMBER 2: out NvAin.M ert.mr 77uoaeaJ ctic•r ($ /OS, Bcx i&,*taad )dCc tc-s Refer to Drawings: Provide Restroom/Concession Building as shown and specified including the adjacent concrete walk, connections to the sewer line and electrical service, and installation of irrigation controllers and equipment shown in the temporary building. The undersigned agrees to commence Work under this Contract on a date to be specified in the written Notice to Proceed from the Owner and to complete the Work within one hundred Twenty (120) consecutive calendar days. The Contractor shall diligently prosecute the work to acceptance by the City before the actual dates for completion as set forth above. The Contractor shall pay to the City of Cupertino Liquidated Damages, as set forth. in the Special Provisions, Division 1, for each and every calendar day's delay beyond the dates established in this proposal for each and every portion of the completion process. • I, the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, • tools, apparatus, and other•means of construction and to do all the work specified in the,codtract in the manner and tine specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same 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 job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or bid bond in the amount of $ 10% , as required by law and the •Notice to Bidders. (102 of bid amount) • • PROPOSAL PACE 8 OF 12 • 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 to his qualifications as a part of this proposal. and the truthfulness and accurancy of the informa- tion is hereby guaranteed. (1) How many years has your organization been in business. under its present name? SEVEN (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? SEVEN • (3) Contractor's License No. 449324 , State of California, Classification A,B,C27 (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has completed within the past 3 years. Year Class. Location of Work and for Whom Performed Contract Amount SEE ATTACHED • • • , • • • • . PROPOSAL PAGE 9 OF 12 A. BID DOCUMENTS. Continued Name of Proposed Sub-contractors, if any (Section 4104, Government Code) 1. `lam �j�ll, nog , 2._/77 j a .t /l c, 3. (10 ce • tit. 4. CCL 5. A A4- AI , 2 6. • Address if Shop or Office of Sub-contractors (Section 4104. Government Code) 1. 5 s..., 2. 3. !Rt ti rl -� sK 4. 6. Work to be Performed by Sub-contractors (Section 4104, Government Code) 1. Lam ` 2. 3. 4. 5. e 6. PROPOSAL PAGE 10 OF 12 A. BID DOCUMENTS, Continued • IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A COPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual: • Co-Partnership PRES/CFO - ESTHER COLLISHAW SECRETARY - MARK COLLIS1poration COLLISHAW CONSTRUCTION, INC. MANAGER - DEL A. BROWN Joint Venture :Other ' (Describe) • Name and Signature of Bidder: E STHRR COT.LT SHAW - (Print) ��F-�i�nCsLU•� (Signature) Address (Both mailing and location addresses): COLLISHAW CONSTRUCTION, INC. 1125 MABURY ROAD SAN JOSE, CA 95133 Telephone Number: ( 408 ). 995 3404 Date: OCTOBER 9, 1990 _ Addendds Received: (1 ) 2 3 4 5 PROPOSAL PAGE 11 OF 12 • NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Santa Clara ESTHER COLLISHAW , being first duly sworn, deposes and says that he or she Is PRF STTIFNT ofcpT,U1SHAW CONSTRUCThparty making the foregoing bid that the bid ire s not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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; that 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; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the 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. • • Name and Signature of Bidder: ESTHER COLEISHAW (Print) mil �AP��.�.��. c ( ignature) Date: OCTOBER 9, 1990 • • • PROPOSAL PAGE 12Op 12 • CORPORATE ACKNOWLEDGMENT NO.2ca State of �/. On this the day of ✓l 4t LCO; 1 19�,before me, }ss. (,) (County of i[A ��a r� the undersigned Notary Public,personally appeared ' ;i �St— • :11 �crQ.Q,��..0,Gr•.7 'f __ �ersonall known to me ' ( �—ice"" flr 'V,t *:. I. El proved to me on the basis of satisfactory evidence �'• � i . it!) '..,..-- 13c::i' n.ii: CORPORATE ACKNOWLEDGMENT NO.202 `�,/J.1.1./IIJ!z,e, -lJll./J re,oc 11111,111./1.1.1.CC,Ce C,/1JJ!!JZC,C,C ./rr,CC JIor,r_,l././.l././-oe_o ll-lllzcerj/J 00C.C1,� til State of CALIFORNIA On this the 23 day of OCTOBER 19 90,before me, S County of SANTA CLARA }SS' JOYCE A. KELLEY lthe undersigned Notary Public,personally appeared S ESTHER COLLISHAW 1 ® personally known to me _t ti ,it--4/t" OFFICIAL SEAL i ❑ proved to me on the basis of satisfactory evidence S JOYCE A.KELLEY j to be the person(s)who executed the within instrument as :o-;Af = Notary Public-CallforrtlaIS S ! t•,0 ',at el SANTA CLARA COUNTY l PRESIDENT or on behalf of the corporation therein ti . �yZ1' r My Comml%lon Expires i named,and acknowledged to me that the corporation executed it. 1.._ #rs,. March ,199d _ ' WITNESS my hand and official�s�eal. p 1 Q Q Q, Qa.9-Q- 1 • Notary's . ature l ATTENTION NOTARY:Although the Information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document. 1 1 THIS CERT1RCATE Title or Type of Document 1) MUST BE ATTACHED Number of Pages Date of Document 5 TO THE DOCUMENT 1 DESCRIBED AT RIGHT: Signer(s)Other Than Named Above S State of California, l County of Santa Clara } SS' 5 On this 18 JOYlldayJof�ug dx1 , in the year 1990 , before me Notary of Public personally appeared , personally known to me (or proved to me a on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-In-Fact of RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the instrument. OFFICIAL NOTARY SEAL PATRICIA ELLIS yl'S�--\ NotaryPublic — California `- y,. ae SANTA CLARA COUNTY r My Comm.Expires JUN 14,1994 �//J� My Commission expires , 19— \ / OAC.,.,,,Gt / ���c.o Notary Public in and for said County BDR-1818 ED.8/83 (CALIF.) - Bond #: B1827951 Bond Premium: $9,016.64 Issued in duplicate FAITHFUL PERFORMANCE BOND { KNOW ALL MEN BY THESE PRESENTS: THAT WE, COLLISHAW CONSTRUCTION, INC. as Principal and pp,i;ancp Tnst,rnrcn rsmpaz,y as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of One million thirty eight thousand and one hundred and ninety Dollars ($ 1,038,190. ) 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 October 15, 1990 with the Obligee - . to do and perform the following work to-wit: Jollyman Park Project 91-9101 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 18 day of October , 19 90 (To be signed by Principal and Surety and acknowledgment.) P cipal Reliance Insurance Company Surety • By: c s -t 4 --'- ttor ey-in ct John J. Loughran The above bond is accepted and approved this day of , 19 RELIANCE INSURANCE COMPANY HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the RELIANCE INSURANCE COMPANY,■aonoretlon duly organized ander the laws of the Store of Pennolwnia,does hereby mike,constitute end appoint JOHN J. LOUGHRAN of PALO ALTO, CALIFORNIA— .a its true and lawful Attorneyln:Fact,to melte,inane,seal and deliver for end on its behalf,and es its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP---- end to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the an extent as if such bonds and undertakings and other writing' obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and atoned by one other of such officers,end hereby ratifies and confirms all that its aid Attorneylalan-pia nwy do In Duncan,hereof. ibis Powe of Attorney is granted under end by authority of Ankle VII of the By-Laws of RELIANCE INSURANCE COMPANY which bean effective September 7,1978,whldi provisions an now In full fora and affect.reeding as follows: ARTICLE VII—EXECUTION OFBONDS-ANO UNDERTAKINGS 1. The Board of Directors,the President,the Chairmen of the Bawd,any Senior Via President,any Via President or Assistant Via Resident or other officer designated by the Board of Directors shall have power and authority to lel appoint Attorneya•in-Fact and to authorize them to execute an behalf of the Company,bonds and undertakings,recognizance',contacts of indemnity and other writings obligatory In the nature thereof,and WI to remove any such Attorney-11,42c at any time and revoke the power and authority given to him. 1. Attonys.ln•Few .hell haw power and authority,subject to the terms and limitation,of the power of attorney Issued to them,to execute end denser on behalf of the.Company,bonds and undertakings,recognizance,,contracts of indemnity and other writing'obligatory In the nature thereof. The corporate seal is not mammy for the solidity of any bonds and undertakings,recognizance,contracts of Indemnity and other writings obligatory In the nature thereof.' 3. Attorneys-In-Fact shell have power end authority to execute affidavits required to be coached to bonds,recognizance',contracts of Indem- nity or other conditional or obligatory undertaking'and they shall also have power end authority to certify the financial statement of the Company end to{coin of the By-Lawe of the Company or any snide or section thereof. This power of attorney h signed and waled by facsimile undue and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June,1979,at which a quorum vera present,and said Resolution has not been amended or repealed: • "Remind,that the signatures of such directors and officers end the seal of the Company ray be affixed to any such power of attorney or any anllinte relating thereto by facsimile,and any such power of attorney or aniliate bearing such facsimile signatures or facsimile del shell be slid end binding upon the Company end any such power so executed and certified by facsimile signatures and %simile sal shell be slid and binding upon the Convent,In the future with respect to any bond or undertaking to which it Is attached,," IN WITNESS WHEREOF,the RELIANCE INSURANCE COMPANY has mused thea presents to be signed by se Vice President,and its corporate cal to be hereto affixed,this 28th thy of June 1982 • f^� RELIIAN�J INSUR CE MPA /frt.° Vice President • STATE OF Washington COUNTY OF King ss• • On this 28th day of June .1982,personally appeared Charles B. Schmalz to me known to be the VkePmident of the RELIANCE INSURANCE COMPANY,and acknowledged that he executed and atened the foregoing inatument and affixed the seal of aid corporation thereto,and that Ankle VII,Section 1,2,and 3 of the By-Laws of aid Company and the Resolu- tion,set forth therein,we will in full force. ��/,/,///� /�/J� }r'y' /� My Coevnh,ion Expires: - �`-`�`"`�t� I'f/4,�" 0_ f,{^. e n /� May 1 .19 86 ��'" Notary Pubtk in and for State of Washington Residing at Tacoma f, Charles J. Falskow ,ArMent Secretary of the RELIANCE INSURANCE COMPANY,do hereby certify that the"bow and foregoing IS a true end correct mew of a Power of Attorney executed by aid RELIANCE INSURANCE COMPANY,which is will In full fora and "flea. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the sal of aid Company this 18 day of October 19 99 1 r i D n CORPORATE ACKNOWLEDGMENT . NO.202 1 pI. OOOC ' 8 State of CALIFORNIA } On this the 23 day of OCTOBER tg 90,before me, o et iN County of SANTA CLARA }SS. JOYCE A. KELLEY 1 the undersigned Notary Public,personally appeared lESTHER COLLISHAW 0 _ personally known to me t$ 0 OFFICIAL SEAL / ❑ proved to me on the basis of satisfactory evidence isn.u_.w j 0 t �"e� JOYCEA.KELLEY to be the person(s)who executed the within instrument as =Fo Notary FublIc-California PRESIDENT or on behalf of the corporation therein i. • =' tied` SANfACLARACOUNiY } 1 ' 'Tr, �"" ' My Ccmmiss:on Expires I named,and acknowledged to me that the corporation executed it. o .wa.. March 22,1994 r ^_«1 WITNESS my hand and official seal. Notary to e ,t ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document CO Title or Type of Document A THIS CERTIFICATE " - S MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT kiti DESCRIBED AT RIGHT: N Signer(s)Other Than Named Above ...rr�.4+1.+r-s r.+.....p + +r.+l��?.rrr..... .....r.+s.+1.+rrr.+s dererec�lrrr�' 719n ma NATIONAI NOTARY ASSOGAT1ON•8236 Remmet Ave.•P.O.Box 71B4•Carioca Park.CA 91304'7184 State of California, , County of Santa Clara SS. On this 18 day of October , in the year 1990 , before me Notary of Public • personally appeared John J. Loughran , 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 as the Attorney-In-Fact of RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the instrument. . _ _ „ „ _,A. „ 0. - OFFICIAL NOTARY SEAL """ PATRICIA ELUS :F feet o, Notary Public - California•- =c SANTA CLARA COUNTY : . ,;r.; '+A" My Comm.Expires JUN 14,1994 My Commission expires , 19 — ref1C,n I Notary Public in and for said n» y BDR-1818 ED.6/83 (CALIF.) Bond #: B1827951 Bond Premium: Premium incl. Issued in duplicate LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and COLLISHAW CONSTRUCITON. 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 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 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 Reliance 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 abut the perfor— mance of the aforesaid work contracted to be executed or performed under the contract 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 million thirty eight thousand and one hundred and ninety anl1ora • ($ 1,038,190. ) , 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 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. 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 WHEREOF, this instrument has been duly executed , ,y the Principal and Surety this 18 day of Octpker , 19 Pr'ncipal (To be signed by Principal and Surety. Notary acknowledgments required.) Reliance Insurance Company Surety By: .11111Z6 .01- A-torn,y-in jrct t. J. •ug an The above bond is accepted and approved this day of , 19 6/17/85 RELIANCE INSURANCE COMPANY HEAD OFFICE.PHILAOELPHIA,PENNSYLVANIA a POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS.Thn the RELIANCE INSURANCE COMPANY,a corporation duly otgeMesd under the laws of the State of RnntyWmi,does hereby yak.,[onetime and appoint • rJOHN J. LOUGHRAN of PALO ALTO, CALIFORNIA--- Its true end lawful Attornq•IMF.ot,to make,anat.,reel and deliver for end on its behalf,and ea Its em and Sod • ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP---_ end to bind the RELIANCE INSURANCE COMPANY thereby es fully end to the rem..item a If suds bonds and undertakings and other writings eblbetory in the nature thereof were signed by an Executive Off low of the RELIANCE INSURANCE COMPANY and sealed and attested be one other M lush officers•and hereby ratifies and confirms all that its sold Attorneylal•in•Feet may do in pursuance hereof. This Power of Attorney Is granted under and by authority of Article VII of the By-Lain of RELIANCE INSURANCE COMPANYwhich became effective September 7,1978,which provisions are now In lull force and effect,reeding as follows: ARTICLE VII— EXECUTION OF BONGS AND UNDERTAKINGS 1, The Board of Directors,the President.the Chairman of the Board,any Senior Vice President,any Vice President or Anitant Vice Prendent or other officer designated by the Board of Directors shall have power and authority to(al appoint AttorneyrM•Fact Ind to'whoring them to execute as behalf of the Company,bonds and undertakings,racognianee ,amaete of indemnity and other writings obllgeton,In the nature thereof,and WI to remove any such AttorneylmFut et any time and revoke the power and authority given to him. 2. AttorneyaM•Fem Sall have power and authority,subject to the terms and limitations of the power of attorney Issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,ncognlancee,contacts of Indemnity end other writings obligatory in the nature thereof. The corporate sal Is not neomery for the solidity of any bonds and undertaking,,recognizance,,contracts of Indemnity and other writings obligatory in the nature thereof.' S. Attorneysdn•Fact shell have power end authority to execute affidavits rewind to be ettaahed to bonds,reagnlances.contracts of indent. pity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to coplal of the SyLawe of the Company or any article or section thereof. • This power of attorney b signed end sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June,1979,at which a quorum wee present.and and Resolution has not been amended or repealed: • "Resolved,that the sig atune of each directors and offlcw,end the seal of the Company nay be affixed to any sues power of attorney or any certificate relating thereto by facsimile,end and such power of attorney or artifices baring such facsimile signatures or facsimile seal stall be wild and binding upon the Company and any such power a executed and certified by facsimile signatures and facsimile sail Sall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it b attached.• • IN WITNESS WHEREOF,the RELIANCE INSURANCE COMPANY hat caused thew paints to be signed by its Vice President,and ger corporate nal to her be eto a fixed.this 28th day of June 1%2 • • • `^� RELIANCE INCE MPA ' / � (//is�Q /fes Vice President ��I// STATE OF Washington COUNTY OF King y a• • On this 28th day of 11 June .I982.1nm/tally appeared Charles B. Schmalz to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY,and acknowledged that he executed and attested the foregoing Instrument end affixed the real of said corporation thereto,and that Article VII,Section 1.2.and 3 of the ByLaea of mkt Company end the Resolu• tan,tat forth therein,are will In full force. ,�f Q /�. f ecD My conrMsobI? � n Moires: 0t - c OY1n May 1 .19.85 • Notary Public in and for State of Washington Reeding at Tacoma f• Charles J. FalskovAssistant Secretory of the RELIANCE INSURANCE COMPANY,do hereby certify thet the above erAssistantand foregoing Is a true and correct copy of a Powof Attorney executed by aid RELIANCE INSURANCE COMPANY,.wide is atlis in full force and Men. • IN WITNESS WHEREOF,I have hereunto set my hexed and affixed the seal aid Company this 18 der of OctAb r w +12 90 . •a CUSTOMER 4 10814 CERTIFICATE OF INSURANCE ISSUE DATE: 06/28/Pt .t. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS DORSEY HAZELTINE & WYNNE NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, P.O. BOX 50307 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PALO AALTO O I COMPANIES AFFORDING COVERAGE ZIP CODE 94303 COMPANY LETTER A AETNA C & S COMPANY LETTER B INSURED I COLLISHAW CONSTRUCTION I COMPANY LETTER F: 1125 MABURY AVENUE SAN JOSE, CA. I COMPANY LETTER D ZIP CODE 95133 COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT 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 TB WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEd TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN HAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY POLICY LTR TYPE OF INSURANCE POLICY NUMBER EFF. DATE EXP. DATE ALL LIMITS IN THOUSANDS Da GENERAL LIABILITY A (X) COMMERCIAL GENERAL LIABILITY I C05491686CCS 01/01/90 01/01/91 GENERAL AGGREGATE 82,04 ( ) CLAIMS MADE (X) OCCURRENCE PRODUCT-COMP/OPS AGGREGATE 82,0:^:0 I ( ) OWNERS & CONTRACTORS PROTECTIVEI PERSONAL ADVERTISING INJURY $1,0m ( ) I I MEDICALEXPENSE FIRE) $ (AUTOMOBILE LIABILITY I A (X) ANY AUTO FJ918440CCA 01/01/90 01/01/91 CSL $1,000 ( ) ALL OWNED AUTOS BODILY INJURY I ( ) SCHEDULED AUTOS I I (PER PERSON) $ I (X) HIRED AUTOS I I BODILY INJURY I (X) NON-OWNED AUTOS • (PER ACCIDENT) $ O GARAGE LIABILITY PROPERTYE PO 2 . I I I EACH (EXCESS LIABILITY ( OCCURRENCE AGGREGA Al (X) OTHER UMBRELLA FORM XS635675WCA 01/01/90 01/01/91 $1,000 $1,0a 1 I I I STATUTORY 'WORKERS' COMPENSATION I I 8 (EACH ACCIDENT) AND I 8 (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY I 8 (DISEASE-EACH EMPLOYEE) I I I oR Al CONTRACTORS I IH5491686FCI 01/01/90 01/01/91 I $500 DED.-DIRECT PHYSICAL I EQUIPMENT I I LOSS COV. - SPECIAL FORM DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS All operations of named insured as covered by policy and all endorsements thereto as respects: Jollyinan Park Project 91-9101. Additional Insured Primary endorsement attached. r=. CERTIFICATE HOLDER I CANCELLATION City of Cupertino I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- 10300 Zbrre Avenue I PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS Cupertino CA WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND 95014 ZIP CODE UPON THE COMPANY, ITS AGENTS 0 'EPRESENTATIVES AUTHORIZED REPRESENTATIVE i ri1S ENDCRSEMENT CHANGES T i•iE PCUCY. PLEASE READ IT CAREFJLL` r • ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS • (FORM 5) This endorsement modifies insurance provided under me following: COMMERCIAL.GENERAL LIABILITY COVERAGE PART • WHO IS AN INSURED (Section In is amended to indude as an insured the person or organization shown in Schedule. but only with respect to liability arising out of "your work" for that insured by or for you. SCHEDULE ' • NAME OF ?ERECN OR ORGANIZATION: City of Cupertino, its officers and employees • • • Insured: Collishaw Construction Inc. Job: Jollyman Park Project 91-9101 THIS INSURANCE IS PRIMARY WITH RESPECT TO THE ADDITIONAL INSURED. ANY OTHER INSURANCE AVAILABLE TO THAT PERSON OR ORGANIZATION IS EXCESS AND NONCONTRIBUTING. / . CO Mr.= .CG.-Z010-44 • PwNran IN t 4 xia fiiz salsa— as n nth i. $4h o : r , ''J =R'' r T r kj+`{? '> ISS EDATE(MM/DD/YY)' a1DIN�u® `it.CERTIFIy ATE OF INS24 URANCE, AI npl-- 10-17-90 'PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, CALCO INSURANCE BROKERS & AGENTS - EXTEND OR.ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O.• BOX rt COMPANIES AFFORDING,COVERAGE SAN MATEO, CA 94402 COMPANY A LETTER CALIFORNIA CASUALTY INDEMNITY EXCHANGE -• CODE SUB-CODE - COMPANY'B, - - INSURED - LETTER COMPANY _ - COLLISHAW CONSTRUCTION, INC. LETTER C _ 1125 MABURY ROAD COMPANY - - SAN. JOSE, CA 95133. - LETTER D COMPANY E - - LETTER CCVERAGES.s?A of ' s4Tr :Yip, '" '"`e,OSs•. t,. I'ar:P rsd*r"s`t'<'K A'"` .-)t). O:)" *;:a 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. - - CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY E%PIRATION1 'ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/IV) DATE(MM/CC/YY) GENERAL LIABILITY - _—� GENERAL AGGREGATE - $ COMMERCIAL GENERAL LIABILITY - PRODUCTS COMP/OPS AGGREGATE $ - CLAIMS MADErn OCCUR. PERSONAL&ADVERTISING INJURY S. OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 8' FIRE DAMAGE(Anyone lire). $ MEDICAL EXPENSE(Anyone person) $ AUTOMOBILE LIABILITY COMBINED " SINGLE $ ANY AUTO LIMIT _ ALL OWNED AUTOS - BODILY _ • INJURY $ SCHEDULED AUTOS , - (Per person) HIRED AUTOS - BODILY INJURY $ NON OWNED AUTOS _ (Per accident GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY - EACH - AGGREGATE OCCURRENCE $ $ OTHER THAN UMBRELLA FORM - WORKER'S COMPENSATION _ STATUTORY $ 1,000, (EACH ACCIDENT), A AND WC1 8001920 03 1/1/90 1/1/91 $ 1,000, (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY - .. $ 1,000, (DISEASE—EACH EMPLOYEE ~OTHER • _ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS ' RE: ALL CALIFORNIA OPERATIONS JOB: JOLLYMAN PARK PROJECT #91-9101 CERTIFICATE HQLDER,- .s:f<", :?' ,;._.,: ; s§is.,;4S,.'`" �.;° cANCELL'ATION t: ,>:a fid:; -, '+ ::: £,. z' ,'"a):.., „,. '-T,saas'•.ic:. SHOULD.ANY OF THE ABOVE.DESCRIBED POLICIES BE.CANCELLED BEFORE THE CITY OF CUPERTINO c EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL X>XtYFXXTX5X.. 10300 TORRE AVE. S= MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE'HOLDER NAMED TO THE CUPERTINO, CA. 95014LEFT' BNIC X�C NKXOIM3;XXXIYc Caata9CMOLIKKK XOCO �LlXNINASOiY LGFemo6XXJiIXXAXXoXtennt 9xxiaB(mrnom ermals nsmo 4dXft d * AUTHOR EPRESENTATIVE //�� • ' ° csc,..+.,,„ry ..-x,a .a. :t < *`gti: ,.;hl'.".' i'k,'«.. .:a ~sN' ©ACORDACORP.ORATION,. 988: