03-017 Bay Construction - Portal & Wilson Park impr.b~ ~ ~' ~ ~~
CONTRACT FO][~ PUBLIC WORKS
This CONTRACT made on ~'" ~~7. ~ 3 ~ a ~' L ~ by the CITY OF
CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and Bay
Construction Company 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. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion
Affidavit, Bidder Qualification Form, Subco~itractors Form and Signature Form.
b. Standard Specifications, General Provisions ;end Special Provisions.
c. Plans and Specifications for PORTAL PARK. & WILSON PARK IMPROVEMENTS, PROJECT
N0.2002-9119
d. Faithful Performance Bond and Materials Bond.
e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional
Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of
Subrogation Endorsement Worker's. Compensation Insurance and Notice of Policy Cancellation
Endorsement.
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 t~etween the Plans and the Specifications on the one
hand, and this Contract on the other, the Plans anal 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 slurry sealing v;u7ous streets, 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 Specific;~tions are entitled, respectively, PORTAL PARK &
WILSON PARK IMPROVEMENTS, PROJECT NO. 2002-9119and which Plans and Specifications
are identified by the signatures of the parties to rhis Contract. It is understood and agreed that said
tools, equipment, apparatus, facilities, labor, tr;insportation 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 subj~;ct to the inspection and approval of CITY, or its
representative.
Contract For Public Works
Portal Park & Wilson Park Improvements
Project No. 2002-9119
Page 1 of 6
CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr.
Ralph A. Qualls, Jr.
3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full
payment for the work above agreed to be done, th.e sum of $ 596,106.64 (Five Hundred Ninety Six
Thousand, One Hundred Six Dollars and Sixty Four Cents) 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 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, or in
accordance with the agreement of the parties, or in accordance with Section 6, paragraph "f' of the
General Provisions.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and a;asements 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. CONTRE~CTOR 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 vrithout 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
and 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 pri~~e, 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
Standard Specifications, or in accordance with th.e agreement of the parties. No extra work shall be
performed or change be made except by a writte:n 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 a;n addition to the Contract sum shall be valid unless
so ordered.
8. CHANGES TO MEET ENVIRONMENT~'~L 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.
Contract For Public Works
Portal Pazk & Wilson Park Improvements
Project No. 2002-9119
Page 2 of 6
CONTRACTOR shall be paid for such changers either by reference to the Unit Prices bid, if
applicable, or in accordance with the agreement of the parties.
9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be
terminated, amended or modified, with the m~~tual 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 parties.
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 ire 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 ~~f damages for delay by either party under other
provisions in the Contract Documents.
11. INSPECTION AND TESTING OF MATIE:RIALS. 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 arr;~nge 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 subcontractor
should violate any of the provisions of the ~~ontract, 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 ~~iolation shall cease and satisfactory arrangements
for corrections thereof be made, the Contract shz~ll, 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 For Public Works
Portal Park & Wilson Park Improvements
Project No. 200:?-9119
Page 3 of 6
13. THE CITY'S RIGHT TO WITHF[OLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to amounts which CITY may retain under other
provisions of the Specifications until final com~~letion and acceptance of all work covered by the
Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in
its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors 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 Sfaction 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 follov~ing 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 ~~roject, or by depositing same in the United States
mails enclosed in a sealed envelope, addressed to, Bay Construction Company, 4026 Martin
Luther King Jr. Way, Oakland, CA 94609 , postage prepaid and certified; and (c) if notice is
given to CONTRACTOR'S surety or any oth~:r 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 articlf; 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.
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract
Contract For Public Works
Portal Park & Wilson Park Improvements
Project No. 200:-9119
Page 4 of ~i
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 subcontractors similarly to provide Worker's Compensation and Employer's
Liability Insurance for all of the latter's empl~~yees unless such employees are covered by the
protection afforded to the CONTRACTOR.
In signing this Contract CONTRACTOR makes the following certification, required by Section
1861 of the Labor Code: "I am aware of the previsions 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 provision, of the Labor Code, and I will comply with such
provisions before commencing the performance cif the work of this Contract."
18. ACCIDENT PREVENTION. Precauti~~n 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 Commi:;sion 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 separate 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 occurrences or conditions and effects: earthquakes and tidal
waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of
emergency by the President of the United State; 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 occurred 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 subcontractor or supplier in the project which is the subject of this
Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which
event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed
by CONTRACTOR will conform with the Pl;~ns 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 (:~) year of the date of acceptance of completion of
this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY.
Contract For Public Works
Portal Park & Wilson Park Improvements
Project No. 2002-9119
Page 5 of 6
P.O. No.
21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the
Contract, the deferred selection of none, any or all alternate bid items at the bid price. The
alternates chosen would be for any sites currently under construction or to be constructed in the
future.
IN WITNESS WHEREOF, the parties have: executed this Contract, in duplicate, the day and
year first hereinabove written.
OF
By:
r
CONTRACTOR:
` Mayor
Attest: ~ ~-'
~o/h ._City Clerk
Date: ~ ~ ~ 3 ,-}g~~0 j
City Clerk
APPROVED AS TO FORM:
State of California
County of Alameda
On
Notary acknowledgment is required. If a
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
I.D. are required. If not a corporation a
Social Security No. is required.
Social Security #
"~ -3~a ~s='a
Federal Tax I.D. #
Contractor's License No. ~'9 3 5~//
2~o before me, Philip R. Doerr, personally appeared
. .,
personally known td me (or~roved to me on the basis of satisfactory evidence) to be the
person{s) whose name{s) is/are subscribed to the attached instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
.-
.. PHILIP R. DOERR
:
U ~
COMM. #1360479
NOTARY PUBLIC - CALIFORNIA
F ALAMEDA COUNTY
~
My Cortxn. Expires June 10, ~00
B. BID PROPOSAL
PORTAL PARK & WILSON PARK IMPROVEMENTS
PROJECT NO.2002-9119
): THE DIRECTOR OF PUBLIC WORKS, CITY OF C1IPERTINO, STATE OF CALIFORNIA
gar Sir:
compliance with the plans and specifications furnished for the work of the PORTAL PARK & WILSON
ARK IMPROVEMENTS, the City of Cupertino, PROJECT 2002-9119, the undersigned, hereby declare that I
ive read the proposal requirement, visited the sites, and examined the specifications. I, the undersigned,
:reby propose to do all work required to complete the work in accordance with the plans and specifications for
:e prices set forth in the following schedule. I further understand that said prices include all costs including,
.~t not limited to, local, state and federal taxes, and tran:~portation costs.
the undersigned, also understand that the quantities shown below are estimated estimates only, being given as
basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will
orrespond but reserves the right to increase or decrease the amount of any class or portion of the work or to
mit items or portions of work deemed unnecessary by t;':~e Engineer.
'he City of Cupertino reserves the right to unilater:~lly determine and award the contract to the lowest
~sponsible bidder except as otherwise provided in chapter 3.23 of the City Municipal Code. Which allows for
ejection of any and all bids, or to waive any irregularities in the procedures. The City reserves the right to
ward the base bid plus any, all or none of the add alternative bid items.
'he work to be done consists of furnishing all labor, me~~.hods of process, tools, machinery and material required
o complete the PORTAL PARK & WILSON PARK' IMPROVEMENTS, PROJECT NO. 2002-9119 as
lescribed in the Special Provisions.
the undersigned, shall diligently prosecute the work to completion as specified in the Special Provisions. I
urther understand that I shall pay liquidated damage; to the City of Cupertino in the sum specified in the
Special Provisions.
Chis amount of liquidated damages shall be deducted by the City from monies due from the Contractor
iereunder, or the Contractor's assigned, successors, and sureties shall be liable to the City for any excess.
BID PROPOSf~I, PAGE 1 OF 8
PORTAL PARK & WILSON PARK IMPROVEMENTS
PROJECT NO. 2002-91 i 9
ESTIMATED ()UANTITIES
Ze bid unit prices for this project shall be as outlined below.
id Est.Qty.
'm Unit
1. 1 LS
2. 1 LS
Item
Portal Park Improvements
Wilson Park Improvements
ADD ALTERNATIVES
Unit Total
Price Price
$ z~2,~f z83%LS $ 2 32, ~{Z~,3 ~
zt~6i g~t`f,Z$ 206 , 444.?8
TOTAL BASE $ --~s~=-~, ~~
BID ~3~ j~~ sy
1. 1 LS Install Restroom Bldg. Prefab in $ /~"6 ~ 73~{ oS/LS $ ~ r 6 ~ ~3 Y . Q S
Wilson Park
2. 1 LS Install Furniture in Wilson Park $ ZS, 6 `?'0.3 t /L,S $ 2T , 6 `? o , 3 /
3. 1 LS Install Gazebo in Wilson Park $ 2-2 r 82.6 .`t3/LS $ 2- 2 , ~.~ 6 •9 3
10TE: The lowest responsible bidder will be deterrnined on the basis of the sum of the Base Bid or the
um of the Base Bid plus any, all or none of the Add .Alternatives Bid Items, along with meeting all other
•equirements of these specifications.
BID PROPOSE~I. PAGE 2 OF 8
the undersigned, agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino
provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work
ecified in the contract in the manner and time specified,
the undersigned, declare that this bid is made without connection with any person, firm, or corporation
aking a bid for the same work, and is in all respects fair, and without collusion or fraud.
the undersigned, recognize that the Director of Public `JVorks of the City of Cupertino will reserve the right to
tablish the priority of one job over another and each starting date where conflict of construction schedules
;cur
hid ~Da~
ttached hereto is the required certified check or bid bond in the amount of $ , as required by law
id the Notice to Bidders. (10% of bid amount)
BID PROPOS~~L. PAGE 3 OF 8
NONCOLLUSION AFFIDA`'IT TO BE EXECUTED BY
BIDDER AND SUBN1[ITTED WITH BID
the undersigned, being first duly sworn, depose and say that I am
e ~l~ ~'~~ of _~,~ ~~Ast~2~Yt1l~
(Business Title) (Business Name)
ne party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or
-ham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
yid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to
>ut in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or
ndirectly, sought by agreement, communication, or coni'erence 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
o secure any advantage against the public body awarding the contract of anyone interested in the proposed
;ontract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly,
submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative
hereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization,
yid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
BID PROPOSAI. PAGE 4 OF 8
BIDDER QUALIFICATION FORM
~n further compliance with the specifications furnished, I, the undersigned, submit the following statements as
',o my experience and qualifications to perform this work as a part of this proposal.
JVe have been in business under the present name for _ 12 years.
7ur experience in work comparable with that required by the proposal contract is years operating
finder the following different name(s).
vly California Contractor's License Number is ~a~~4ll
Che classification of my Contractor's License is ~~~> ~ Gti~
::,
The expiration date for my Contractor's License is ~~~~~~~
=s
'° (This Section for City use only) .
f
The above information has been verified by ~f ~
Contractors State License Board (800) 321-2752 or (408) 277-1244.
- , `Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be
icensed in accordance with the laws of the State of C~aifornia, however, at the time the contract is awarded.the
;ontractor shall be properly licensed.
BID PROPO:iAL PAGE 5 OF 8
SUBCONTRACTOR'S FORM
The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California Business and
.Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of
one-half of one percent (0.5%) of the total bid are listed below. Only those listed below shall perform work on
phis project and each of them has been provided with a lull and complete set of plans and specifications for this
project by the bidder.
1. Name T~ O~tU~ CF-{ Contractor's License No.
aoo~S~
Address & phone no. C~~~~ , CA. Q~ ~ ' z}'D ` ~.f-y O
Work to be Performed ~~ s~A-Z ~a.~sTA-iL
2. Name TO`1'' Tui~ ~ Contractor's License No.
66726 )
Address & phone no. S~C~hM~o i CAS q ~ 6 ' 21.5 - /~/ l -6
Work to be performed S~-rEZy S uKt~c «yG
3. Name Ro SS ('~~2c~~"cahl Contractor's License No. I-~-6 ^TS Z
Address & phone no. S h~l~ RoSA ~ CA 76'7 - ~ 38 - ~8 0 ~
Work to be performed ~.~ Sri-cu~'C S
4. Name
Address & phone no.
Work to be performed
5. Name
Contractor's License No.
Contractor's License No.
Address & phone no.
Work to be performed
6. Name
Contractor's License No.
Address & phone no.
Work to be performed
BID PROPOS.4I. PAGE 7 OF 8
BIDDER'S SIGNATURE FORM
[F YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-PARTNERSHIP,
STATE THE COMPANY NAME AND LIST THE N ~RAETION, S ATE THIE LDEGAL NAME OF THE
COMPOSING THE COMPANY. IF YOU ARE A CORPO
CORPORATION AND THE NAMES OF THE Pl.2E~SD TO THIS ORM. ENTER THE NAME OF
MANAGER. THE CORPORATE SEAL MUST BE AFF
YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF NAME, OF ~~,osl~esxl~n~
C172~b'P~ct~o~ BUSINESS ~' I~~Y~6 ~ ~~~ ~~;
BUSINESS
a~ : '~~.ct~l~2~Uw:,~ Y~ low ~`Otc~~~ a ~-c1-~ C`~-~ C~a~-y-'~)
CORPORATION: M-~ ~'~ yc~ ~U ~'~
CO-PARTNERSHIP:
INDIVIDU
JOINT VENTURE:
OTHER:
(Describe)
Name and Signature of Bidder:
Wi.~
Print or type name)
~._~ •02
Date:
Address (mailing & location): ~tp ~~~ ~ '° FPM
oAlc~cr~o, ~- a`'~~
Telephone Number: (`a~ ~ bS~'~'t'~'
Acknowledgment of all addenda received is required by ~~ircling each addendum number.
1 2 3 4 5 6 7 8 9 10
BID PROPOSP.L PAGE 8 OF 8
BAY CONSTRUCTION COMP~~NY
4026 Martin Luther King Jr. Way
OAKLAND, CA 94609
TEL (SIO) 658-7225 FAX (510) 658-4890
LIST OF REFERENCES FOR PARK CONSTRUCTION AND LANDSCAPI: IMPROVEMENTS (further information available upon
request)
5 PARKS ADA IMPROVEMENTS
CLEINT: CITY OF BERKELEY
CONTRACT AMOUNT: $250,000.00
ARCHITECT: ENGINEERING DEPT., CITY OF BERKELEY
COMPLETED: 1995
VERDESE CARTER PARK, OAKLAND
SCOPE: CONSTRUCTION OF A NEW PARK
CONTRACT AMOUNT: $1,100,000.00
CLIENT: CITY OF OAKLAND
COMPLETED: 2/96
RAIMONDI FIELD IMPROVEMENTS
SCOPE: CONSTRUCTION OF A NEW PARK
CLIENT: CITY OF OAKLAND, DEPARTMENT OF PUBLIC WORKS
CONTRACT AMOUNT: $800,000.00
COMPLETED 12/98
OAKLAND MUSUEM PROJECT, PHASE II-COURTYARD IIMPPROVEMENTS
SCOPE: INSTALLATION OF NEW IRRIGATION SYSTEM, DRAINAGE SYSTEM AND
SOD. WORK INCLUDED ADA IMPROVEMENTS SUCH A'_ RE-CONSTRUCTING
CONCRETE RAMP PER ADA CODE AND REGULATIONS
CLIENT: OAKLAND MUSUEM OF CALIFORNIA BOARD ()F TRUSTEES
CONTRACT AMOUNT: $293,000.00
COMPLETED: 6/99
SANBORN PARK IMPROVEMENTS
CONSTRUCTION OF NEW PARK
CLIENT: CITY OF OAKLAND
CONTRACT AMOUNT: $680,000.00
COMPLETED 12/99
BANCROFT MEDIAN IMPROVEMENTS
RENOVATION OF MEDIANS ON BANCROFT (BETWEEN !i0'" - 106'" AVE. )
CLIENT: CITY OF OAKLAND
CONTRACT AMOUNT: 1,200, 000.00
COMPLETED 11 /00
ADELINE CORRIDOR BICYCLE AND PEDESTRIAN IMPROVEMENTS (BERKELEY, CA)
INSTALLATION OF PEDESTRIAN LIGHTS AND TRAFFIC iIGNALS, LANDSCAPING, CONCRETE WORK AND STRIPING
CLIENT: CITY OF BERKELEY, ENGINEERING DEPT., 1547 CENTER STREET, BERKELEY, CA
CONTRACT AMOUNT: $1,240,000.00
PROJECT DURATION: OCT. 2000-JUNE 2001
NORTH OAKLAND REGIONAL SPORTS CENTER (CALDE~~OTT FIELD)
SCOPE: INSTALL NEW IRRIGATION SYSTEM, ROUGH AND FINISH GRADING,
AND SOD INSTALLATION
CLIENT: CITY OF OAKLAND, PUBLIC WORKS AGENCY
CONTRACT AMOUNT: $290,000.00
COMPLETED: 11 /2001
INSURANCE FOR1V[S INSTRUCTIONS
FOR ITEMS 3, 4 AND 5, THE FORMS PP:OVIDED BY THE CITY OF CUPERTINO
MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED.
ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE
1. Insurance Agreement -Must be signed by Contractor.
2. Certificate of Insurance to the City of Cu~~ertino -must be completed by the insurance
agent or must provide a certificate on the company's form. They must contain the same
information.
3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation -must be
signed, by the insurance agent for general liability ~~nd automobile liability only.
4. Comprehensive general liability/commercial gf;neral liability endorsement of aggregate limits of
insurance per project -must be signed by the insurance agent for general liability only.
5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the
insurance agent for worker's compensation only.
Insurance Instructions
~(~C.
CITY OF
CUPEf~TINO INSURANCE AGREEMENT
A. Contractor is aware of the provisions of ;iection 3700 of the Labor Code, which requires
every employer to be insured against liability for worker's compensation or undertake self-
insurance in accordance with the provisions of that Code, and will comply with such provisions
before commencing the performance of the work of this Contract.
B. Contractor and all subcontractors will carry worker's compensation insurance for the
protection of its employees during the progress of the work. The insurer shall waive its rights of
subrogation against the City, the City's officers, agents and employees and shall issue an
endorsement to the policy evidencing same.
C. Contractor shall carry at all times, on all operations hereunder, commercial general liability
insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage
shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a
form prescribed by the City and shall be underwritten by insurance companies satisfactory to the
City for all operations, sub-contract work, contractual obligations, product or completed operations,
all owned vehicles and non-owned vehicles. Saici insurance coverage obtained by the Contractor,
excepting worker's compensation coverage, sha:~l name the City, its engineer, and each of its
directors, officers, agents and employees, as determined by the City, as additional insureds on said
~I policies. Insurers must be licensed to do business in the State of California. The Insurers must also
~, have an "A" policyholder's rating and a financial :rating of at least Class VII in accordance with the
~, current Best's Guide Rating.
D. Before Contractor performs any work at, or prepares or delivers materials to, the site of
construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance
coverages and such certificates shall provide the name and policy number of each carver and policy
and that the insurance is in force and will not be canceled or modified without thirty (30) days
written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in
force until the work under this Contract is full~~ completed. The requirement for carrying the
foregoing insurance shall not derogate from the: provisions for indemnification of the City by
Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor
diminishing the obligations of Contractor with res~~ect to the foregoing, Contractor shall maintain in
full force and effect during the life of this Contract:, the following insurance in amounts not less than
the amounts specified and issued by a company ~~dmitted in California and having a Best's Guide
Rating of A, Class VII or better.
LIMITS
Worker's Compensation In accordance with the Worker's Compensation
& Employers' Liability Act of the State of California -Worker's comp -
"statutory" per CA Law; Employers' Liability -
$1,000,000 per occurrence.
Insurance Agreement Page 1 of 2
CCU - .
CITY OF
CUPEI~TINO CERTIFICATE OF INSURANCE 'TO THE CITY OF CUPERTINO
Chis certifies to the City of Cupertino that the following described policies have been issued to the
.nsured named below and are in force at this time.
[nsured: Bay Construction Company
Address: 4026 MLK Way
Oakland, CA 94609
Description of operations locations/products insured (show contract name and/or number, if any):
Portal Park and Wilson Park Improvement, proiect 42002-9119
Cupertino, CA
WORKER' S COMPENSATION * Statutory Min.
* Employer's
n/ a Liability
(name of insurer) $
$ - $
Insurance Company's State License No.
________________________________Each Occurrence $
Check Policy Type: 1, 000 , 000
.COMPREHENSIVE GENERAL
LIABILITY
[ ] Premises/Operations Gener~~l Aggregate $ 2 , 000 , 000
(if applicable)
[ ] Owners & Contractors
Protective
[ ] Contractual for Specific
Contract
[ ] Products Liability
[ ] XCU Hazards
[ ] Broad Form P.D.
[ ] Severability of Interest
Clause
xxx
Aggregate
Personal Injury
Fire l;-amage (any one fire)
[ ] Personal Injury with Medical Expense
Employee Exclusion Removed (any one person)
or Self-Insured
COMMERCIAL GENERAL LIABILITY Retention
$ ~
$1,000,000
$ 50,000
$ 5 , 000
$ nil
(name of insurer)
Policy No. PNG000 00 39-02 North American Expiration Date 11-1-03
Capacity
Certificate of Insurance A;reement Page 1 of 2
AUTOMOTIVE/VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE
Commercial Form Each Person ~ Each Accident
Liability Coverage
$_ $
Each Accident
Hartford Fire Insurance Co.
(name of insurer)
$_ or
Combined Single Limit $ 1, 000 , 000
(Policy No. 57UECUP1455 Expiration Date 12-17-03
A copy of all Endorsements to the policy(ies) which in any way
(agent's initial) limit the above-listed types of coverage are attached to this
Certificate of Insura~ice.
This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the
'coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or
condition of any contract or any other document with respect to which this Certificate of Insurance
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.
IT IS H~~IjgEB CERTIFIED that the above poli~~y(ies) provide liability insurance as required by
the Agr ~~~~// Pt} e~~een the City and the insured.
By: ~ ~~ Dated: January 10 , 20 03
R A. Ba s
Attach Certi icate of Insurance and Additional Ins~zred Endorsement on company forms.
Certificate of Insurance Agreement Page 2 of 2
CCU
CITY OF
CUPEi~TINO
ADDITIONAL INSURED ENDORSEMENT
anal
ENDORSEMENT OF Pl[ZIMARY INSURANCE
anal
NOTICE OF POLICY
CANCELLATION ENDORSEMENT
Project Title and Number: Portal Park & Wilson Park Improvement 2002-9119
Cupertino,CA
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy
to which this Endorsement is attached or any otlter Endorsement attached thereto, it is agreed as
follows:
The City of Cupertino ("City") and its dir~;ctors, officers, engineers, agents and employees,
and all public agencies from whom permits will b~e obtained and their directors, officers, engineers,
agents and employees are hereby declared to be additional insureds under the terms of this policy,
but only with respect to the operations of the Contractor at or upon any of the premises of the City
in connection with the Contract with the City, or acts or omissions of the additional insureds in
connection with, but limited to its general supervision or inspection of said operations.
The insurance afforded by this policy is primary insurance, and no additional insurance held
or owned by the designated additional insureds) shall be called upon to cover a loss under said
additional policy.
Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided,
canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the City of Cupertino
("City"). Such notice shall be addressed to the City as indicated below.
POLICY INFORMATION
1. Insurance Company: North American Capacit
2. Insurance Policy Number: PNG000 00 39-02
3. Effective Date of this Endorsement: January 10 , 20 03
4. Insured: Bay Construction Company
Additional Insured and Primary Insurance and 1\otice of Cancellation Endorsement Page 1 of 2
All notices herein provided to be given by tl~e Insurance Company to the City in connection
with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre
Avenue; Cupertino, California 95014.
I, x.A. Bass (printltype name)
warrant that I have authority to bind the below 1'sted Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representative: /
(Original signature required on all Endorse eats furnished to the District)
Names of
Agent/Agency: Acordia of California Ins. Title: Vice President
Address: 45 Fremont Street, Suite 800 Telephone: (415) 541-7900
San Francisco, CA 94105 Facsimile: 415) 777-3545
Additional Insured and Primary Insurance and 1\ otice of Cancellation Endorsement Page 2 of 2
C~~~-
CITY OF
CUPEI~TINO
COMPREHENSIVE GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
ENDORSEMENT OF AGGREGATE LIMITS OF
INSURANCE I'ER PROJECT
Project Title and Number: Portal Park & Wilson Park Improvement 2002-9119
Cupertino, CA
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as
follows:
This Endorsement modifies the insurance provided under the General Liability Coverage part of
the below-referenced policy of insurance.
The general aggregate limit under LIMITS OF INSURANCE applies separately to the project
described as
POLICY INFORMATION
1. Insurance Company: North American Capa~~ity
2. Insurance Policy Number: PNG 000 00 39-02
3. Effective Date of this Endorsement: January l0 , 20 03
4. Insured: Bay Construction Company
5. Additional Insured: City of Cupertino, its dire~~tors, officers, agents and employees.
All notices herein provided to be given by the Insurance Company to the City in connection
with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre
Avenue; Cupertino, California 95014.
I, R.A. Bass
warrant that I have authority to bind the
.hereon do so bind this Company.
Signature of Authorized Representati`
(Original signature required on all
Names of
(print/type name)
Insurance Company and by my signature
to the District)
Agent/Agency: Acordia of California Ins. Title: Vice President
Address: 45 Fremont Street,Sute 800 Telephone: (415) 541-7900
San Francisco, CA 94105 Facsimile: 415 777-3545
Aggregate Limits :Endorsement Page 1 of 1
WAIVER OF SIJBROGATION
STATE
COMPENSATION
I N S U R A N C E
FUND
HOME OFFICE
SAN FRANCISCO
ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
ENDORSEMENT AGREEMENT
EFFECTIVE DI~CEMBER 12,
AND EXPIRING OCTOBER 1,
BAY CONSTRUCTION CO,
4026 MARTIN LUTHER KING JR MAY
OAKLAND, CA 94609
REP 03
1561958-02
RENEWAL
NB
2-25-17-30F
PAGE 1
2002 AT 12.01 A.M.
2003 AT 12.01 A.M.
ANYTHING IN THIS POLICY 7'0 THE CONTRARY NOTWITHSTANDING,
IT IS AGREED THAT THE ST~~TE COMPENSATION INSURANCE .FUND
WAIVES ANY RIGHT OF SUBROGATION AGAINST,
CITY OF CUPERTINO
WHICH MIGHT ARISE BY REA:iON OF ANY PAYMENT UNDER THIS
POLICY IN CONNECTION WITII WORK PERFORMED BY,
BAY CONSTRUCTION CO,
IT IS FURTHER AGREED THAT' THE INSURED SHALL MAINTAIN
PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION
OF EMPLOYEES WHILE ENGAGI'sD IN WORK FOR THE ABOVE
EMPLOYER.
IT IS FURTHER AGREED THAT' PREMIUM ON THE EARNINGS OF SUCH
EMPLOYEES SHALL BE INCREE~SED BY 03~.
NOTHING IN THIS ENDORSEMENT CONTAINI.D SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITICINS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER THAN AS STATED. NOTHIIJG ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT 1'HE TERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS OF THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: DECEMBER 16, 2002 2570
i~
AUTHORIZED REPRESENTATIVE PRESIDENT
COIF F(1RM 1(1917 IRF\/ 7-Rdl OlD DP 21i
12/12/2002 09:21 FA% STATE COMP INSURANCE
~ 001/001
BROKER COPY
STATE P•O• BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
I N S U R A N G H
FUND .CERTIFICATE OF WORKERS' COMPENSATIQN INSURANCE
DECEMBER 12, 2002 GROUP:
• POLICY NUMBER: 156195 9-2 0 02
• CERTIFICATE ID: 21
• CERTIFlGATE EXPIRES: 10-01-2003
IO-O1-2002/10-01-2003
CITY' OF CUPI3RTT~iO
10300 TORRE•AVE•
CUPERTINO CA 95014-3255
PORTAL PARK & WILSON PARK TMPROV
PROJECT #2002-9119
This is to certify that we have issued a valid Worker's Compensation insurance Policy in a form approved by the California
Insurance Commissioner to the employer named below for th~B p01iCy peril indlcated_
This policy is not 'subject [o cancellation by the Fund except upon 10 days advance written notice to the employer.
We will also give you'1 Q days advance notice should this policy bQ cancelled prior to its n4rrrlal expiration.
This Certificate of insurance is not an insurance policy and doc;s not amend, aKteOd or•81ter the coverage afFDrdad by the
poices listed herein. Notwithstanding any requirement; term nr condition of any contract or 8ther document with
respect to which this certificate of insurance may be issued ar may pertain, the insurance afforded by the policies
described herein Is subject to all the terms, exclusions, and conditions, otsuch polices.
///~ ~j~
A1ITHORRED REPRESENTATIVE PRE;IDf~1L
EMPLOYER'S LIABILITY LIMIT INCLIIDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EPFECTIVE I2-12-2002 ZS
ATTACHED TO ,AND FORMS A PART OF THIS POLICY: 'THIRD PARTY NAME:
CITY OF CUPERTINO
EFiLOYER
MARK LEE AND YONG KAY INC. DBA: BAY CONSTRUCTION CO,
4026 MARTIN LIITHER KING JR WAY •
oAIQ,AND CA 94 6 09
SCE 10285 tEPF-UI: JT 1
FAITHFUL PERFORMANCE BOND Bond Number: 400 SW 2836
KNOW ALL MEN BY THESE PRESENT:
MARK: LEE AND YONG KAY, INC.
THAT WE, dba BAY CONSTRUCTION COMPANY as
Principal, (contractor's name)
and FIDELITY AND GUARANTY INSURANCE COMPANY as
Surety, (banding company's name)
are held and firmly bound unto the City of Cupertino, State of California, in the sum of
Five Hundred Ninety Six Thousand One Hundred Six Dollars and 64/100's ($596,106.64) lawful
money of the United States, for the payment of which will and truly t~ he made, we bind ourselves
our heirs, executors, successors and assisns, jointly and severally, firmly by these presents.
THE CONll1T1UN of the foregoing obligati~~n is such that,
WHEREAS, the Principal has entered into a contract with the City cla[ecl
2U with the obligee to do and perform the following work to-wit:
Portal Park & Wilson Park Improvements, Project # 2002-9119
NOW, THEREFORE, if the said principal shall well and truly perform the work contracted
to be performed under said contract, then this oblil;ation shall he void; otherwise to remain in full
force and effect.
1N WITNESS WHEREOF, this instrument leas been duly executed by Principal and Surety
this 11th day of December , 2U 02 ,
(To be signed by Principal and Surety, Notary acknawledgmertt required)
CONTRACTOR
MARK LEE AND YONG KAY, INC. dba BAY CONSTRUCTION COMPANY
~~ _ ____ _
Principal
FIDELITY AND GUARANTY INSURANCE COMPANY
Surety
Street Address: 5o51atn street #lzoo
Clty, Slate, Zlp Oakland, CA 94612 ._
By: ~=:~~~~~ C~.(,E~l~u~~
Susan E. Barrett A[torney-In-FaCI
The abcwe bond is accepted and approved this day of , 2U_.
Fai[hCul Performance Page 1 of 1
LABOR AND MA~rERIAL BOND
KNOW ALL MEN $Y THESE PRBSENT:
Bond Number: 400 SW 2836
WHEREAS, the City of Cupertino, State of California, and
MARK LEE AND YONG KAY, INC. dba BF~Y CONSTRUCTION COMPANY
hereinafter designated as "Principal" have enterc;d into or are about to enter into a contract
providing for the installation, construction, and erection by Principal of
Portal Park & Wilson Park Improvements, Project # 2002-9119
more particularly described in said contract; and incorporated herein by reference.
WHEREAS, said principal is required to filrnish 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
work contracted to be done, or for any work ~r labor done thereon of any kind, the Surety nn said
bond shall pay the same to the extent hereinafter set forth;
MARK LEE AND YONG KAY, INC.
NOW, THEREFORE, WE, dba BAS( CONSTRUCTION COMPANY aS Principal,
(contractor's name) ~
and FIDELITY AND GUARANTY INSURANCE COMPANY
as Surety,
(bonding company's dame)
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 the contract
hereinabove mentioned, and incorporated herein by reference, and all persons, companies or
corporations lending or hiring teams, implements or tnachinety, for or contributing to said work to
be done, and all persons who perform work or lat~or 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 Five Hundred Ninety Six Thousand One Hundred Six Dollars and 64/100's ($596,106.64)
THE CONDITION OF THIS O$LIGATION IS SUCH THAT if said principal, his or its
suhcontractnr~, heirs, executors, administrators, successors or assigns, shall fail to pay for any
tnatcrials, 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 A~:t with respect to such work or labor, or any and
all. damages arisins under the original contract, then said Surety will pay the same and also will pay
in case suit is brought upon this bond, Such reasonat~le attorney's fee as shall be f xed by the court.
This band shall insure to the benefit of amp and all persons, companies, and corporations
entitled to file claims under Section 1184.1 of the ('ode 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
And the said Surety, for value received, hereby stipulates, and agrees that no change,
extension of time, alteration or addition to dte; ter~:ns of the cantracl 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 arty 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 Principal and Surety
this 11th day of December , 20 01 ,
(To be signed by Principal and Surety. Notary acknowledgments required.)
CONTRACTOR
MARK LEE AND YONG KAY, INC. dba BAY CONSTRUCTION COMPANY
Principal
FIDELITY AND GUARANTY INSURANCE COMPANY
Surety
Street Address: 505 14th Street #1200
City, State, Zip Oakland, CA 94612
Susan E. Barrett Attorney-in-Fact
The above bond is accepted and approved this _day of , 20.___..
Labor and Material Page 2 oi' 2
nie~Pdll~
POWER OF ~-TTORNEY
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Power otAttorney No.
22006
Certilieate N°_ 15 6 8 6 91
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,
Inc. is a corporation duly organized under the laws of the State of Wisconsin (herei,i collectively called the "Companies'), and that the Companies do hereby make,
constitute and appoint
Nip Pharr and Susan E. Barrett
of the City of Palo Alto ,State California ,their true and lawful Attorne s -m-Fact,
Y~)~
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 7~ day of November 2UU2
Seaboard Surety Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Company
SU9Ely ,\ 6 ~y iyy. P~ ~NSUg9 --v/ I~`..
FEW ~ ~Y~ I~"'
* r ~P QepPFOR~~9y W ~OPYOARl ry~nF cy.4 mow.. a Yx~w.~
m ~ ~ ~. f~ F: _._ f ~ tf - ` IMC~ ~ tl ..'^1^~NVIttU
* "ti )11 tom; ~ 1898 'g y? PETER W CARMAN, Vice President
192] ~ ~+ SE ~, SSAL:'3 a gyp„ 01977 fit'
~,p~cy'. .sL `o. moo:,.. A sari \>~;r..... ~i°° 'Ah Att~S" ~~y~ 1951
N `~OF ~ R :e ~E INN `~~ N'
State of Mar land ~~~ ~~~
Y
City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary
On this 'Jd' day of November 2002 ,before me, the undersigned officer, personally appeared Peter W. Carman and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
~~ t y
In Witness WhereoT, I hereunto set my hand and official seal ~ ,oV TARy I~
eUC
My Commission expires the 1st day of July, 2006. ~o ao REBECCA EASLEY-ONOKALA, Notary Public
9E Ci1V
86203 Rev. 7-2002 Printed in U.S.A.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMIENT
State of California
County of Santa Clara
~~ ~
On / ~'' j~ `~(/ `~ before me, F:athleen Johnson, Notary Public
DATE NAME, TITLE OF OFFICER - E.G , "JANE DOE, NOTARY PUBLIC"
personally appeared
Susan E. 1;3arrett
NAME(S) OF SIGNER(S)
~ personally known to me - OR - ^ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
.., KATHLEEN JOHNSON subscribed to the within instrument and ac-
~-' COMM. # 1380767 kn(~wledged to me that he/she/they executed
NOTARY PUBLIC
~ ~ °, q CALIFORNIA ~ thE; same in his/her/their authorized
~~,,.~•~ SANTA CLARA COUNTY Ca aClt IeS y
EXPIRES OCT. 20, Zoos P Y(~ ), and that b his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted,. executed the instrument.
WITNESS my hand and official seal.
~~~~ ~~ ~ ~~'~ ~ 7
SIGNATURE OF NOTARY
OPTIC)NAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
^ INDIVIDUAL
^ CORPORATE OFFICER
TITLE(S)
^ PARTNER(S) ^ LIMITED
^ GENERAL
^ ATTORNEY-IN-FACT
^ TRUSTEE(S)
^ GUARDIAN/CONSERVATOR
^ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
BD-1133 3/94